HomeMy WebLinkAbout2009/09/01-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
Present
Mayor Pro tem Daniel Scarth, District 4
Council Member Salvador Espino, District 2
Council Member W. B. "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Absent
Mayor Mike Moncrief
Staff 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 Pro tem Scarth called the regular session
of the Fort Worth City Council to order at 7:01 p.m. on Tuesday, September 1, 2009, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102,
with Mayor Moncrief absent.
IL INVOCATION m Father Thu Nguyen, St. George Catholic Church
The invocation was provided by Father Thu Nguyen, St. George Catholic Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 25, 2009
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
minutes of the regular meeting of August 25, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Mayor Moncrief absent.
V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 2 of 22
1.Presentation of Proclamation for National Hunger A are ess Month
Council Member Espino presented a proclamation for National Hunger Awareness Month to Mr. Bo
Soderbergh, Director, Tarrant Area Food Bank.
Mr. Soderbergh stated the Tarrant Area Food Bank had led the fight against hunger since 1982 in
Tarrant and the surrounding counties. He further stated that the Tarrant Area Food Bank provided
food, education, and other resources to a network of hunger-relief charities and their communities.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming a nd Recent Events
Council Member Burns announced that the Streams and Valleys, Inc., would host a community art
presentation on September 4, 2009, at 6:00 p.m. at the Community Arts Center and everyone interested
should contact the District 9 Office at 817-392-8809 for more information. He also announced that
Fort Worth Sister Cities International was sponsoring a music festival on September 11, 2009, at 7:00
p.m. at the Texas Christian University Ed Landreth Auditorium to bring communities together, to
reaffirm hope for peace and to honor members of the Fort Worth Fire and Police Departments, as well
as city paramedics and other first responders. He also advised that he attended his first Sister Cities
overseas trip to Reggio Emilia, Italy. He stated that Fort Worth Sister Cities International sent 109
student athletes from Fort Worth to participate in the Olimpiade del Tricolore in Reggio Emilia, Italy, a
youth Olympics where students were sports ambassadors for the United States. He further stated that
the 13 teams that represented Fort Worth competed and lived in the Olympic Village with delegates
from other countries, as well as represented Fort Worth and the U.S. through positive sportsmanship
and goodwill. He announced that the trip was a wonderful success and a life changing experience.
Council Member Hicks expressed appreciation to all who attended the District 8 Quarterly Advisory
Board Meeting held on August 27, 2009, and stated Budget Manager Horatio Porter gave a
presentation on the proposed budget and the impacts that the budget reductions would have on District
8 and the City as a whole. She also expressed appreciation to Mr. Porter and to Assistant City Manager
Charles Daniels for attending the meeting.
Council Member Zimmerman announced the 7th Annual Jazz by the Boulevard would be held
September 11-13, 2009, and stated there would be two stages of continuous jazz music with national
headliners such as Chris Botti, The Blind Boys of Alabama and George Clinton &
Parliament/Funkadelic. He further stated that there would be a Cooking Carnival& pavilion with wine
seminars, specialty food vendors, and cooking demonstrations and samplings by top area chefs. He
also requested that the meeting be adjourned in memory of retired Police Office Dennis "McCloud"
O'Neal, who served the City of Fort Worth for 32 years, who passed away on August 29, 2009.
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 3 of 22
Mayor Pro tem Scarth requested that Council also adjourn in memory of former Council Member and
Mayor Pro tem Jim Bradshaw, who passed away on August 26, 2009.
2.Recognition of Citizens
There were no citizens recognized at this time.
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-23697 be continued
until the September 29, 2009, Council meeting and that G-16688 and G-16689 be withdrawn from
consideration.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi Boards and ss s
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mr.
Robert Adams be reappointed to Place 9 of the Historic and Cultural Landmarks
Commission, beginning September 1, 2009, and with a term expiring October 1, 2011. The
motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Moncrief absent.
X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS COMMISSIONS
AND/OR COMMITTEES
There were no presentations and/or communications from Boards, Commissions and/or City Council
Committees.
XI.RESOLUTIONS
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 4 of 22
1.A Resolution Delaying Enforc me of the Single Famill Garage Setback Standard Until
January 1, 2010.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Resolution
No. 3782-09-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Mayor Moncrief absent.
XII.CONSENT AGENDA
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Mayor Moncrief absent.
A.General - Consent Items
1.M&C G-16682 - Adopting Ordinance No. 18776-09-2009 by the City Council of the City of
Fort Worth, Texas, Approving Resolution Nos. 2002-11-328 and 2009-06-116, of the Dallas-Fort
Worth International Airport Board Which Amends Chapter 6 of the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board, as Amended; Providing
Wastewater Pretreatment and Discharge Regulations for the Airport; Endorsing
Implementation of a Wastewater Pretreatment Program as Required by Federal Regulations;
Providing for a Penalty Not to Exceed Two Thousand Dollars ($2,000.00) Per Day for Any
Violation Thereof; and Repealing Appendices 11, 111 and IV of the Code.
D.Planning & Zoning - Consent Items
1.M&C PZ-2841 - Authorizing the City Manager to Initiate Certain Zoning Changes in the
Bluebonnet Hills Neighborhood, from "B" Two-Family to "A-5" One-Family, in Accordance
with the Comprehensive Plan.
E.Award of Contract- Consent Items
1.M&C C-23750 - Authorizing the Execution of One (1) Storm Water Facility Maintenance
Agreement from Newport Contractors, Ltd, Located in the Newport Village at Trinity Addition,
Lot 1, Block P, Situated Near the Intersection of Trinity Boulevard and FM157, Located South
and West of Vista Mar Drive (DOE 4652) at No Cost to the City.
(XII. CONSENT AGENDA Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 5 of 22
2.M&C C-23751 - Authorizing the Use of$31,981.10 in Interest Earned; Authorizing the Use of
Additional Anticipated Interest of $18,018.90; Authorizing the Term of the Fiscal Year 2006
Edward Byrne Justice Assistance Grant Agreement to be Extended Through December 31, 2009;
Authorizing the Additional Extension of the Edward Byrne Justice Assistance Grant Agreement,
if Necessary, for Up To One (1) Year Upon Written Agreement of the Parties; and Adopting
Appropriation Ordinance No. 18777-09-2009 Increasing Estimated Receipts and Appropriations
in the Grants Fund in the Amount of $50,000.00 from Interest Earned on the 2006 Edward
Byrne Justice Assistance Grant from the Department of Justice, for the Purpose of Funding
Various Tactical and Surveillance Minor Equipment and Supplies.
3.M&C C-23752 - Authorizing the City Manager to Execute Interlocal Agreements with
Various Municipalities and Other Governmental Entities for Their Participation in the
Environmental Collection Center Household Hazardous Waste Program.
4.M&C C-23753 - Authorizing the Transfer of$49,399.00 from the Water and Sewer Operating
Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18778-09-
2009 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund,
from Available Funds, for the Purpose of Funding the Sanitary Sewer Main 1-I-I Condition
Assessment and Drainage Area Evaluation Study from Shamrock Avenue to Northeast 7th
Street; and Authorizing the City Manager to Execute Amendment No. 8 to City Secretary
Contract No. 26599 with Dunaway Associates, L.P., to Provide Additional Engineering Services
on the Project, Thereby Increasing the Contract Amount to $983,397.73.
5.M&C C-23754 - Approving the Correction of M&C C-23578 to Revise the Current Total
Contract Amount to $1,259,931.28 from $1,163,106.26 for Amendment No. 3 to City Secretary
Contract No. 28006 with Dannenbaum Engineering Corporation for Sanitary Sewer Main Nos.
257 and 253 Middle and Upper Village Creek Parallel Relief Alignment Study and Design from
Hemphill Street to West Rendon Crowley Road.
XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1738 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XIV.REPORT OF THE CITY MANAGER
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 6 of 22
B.General
1.M&C G-16644 - Consider a Waiver Re es esa e e era c., ss e a
Multiple as Well Site Permit for the Aussie Lease Located at 1291 Foch Street to Allow
Multiple Gas Wells to be Drilled Less than 600 Feet from Trinitv Park and Other Protected Uses
(Continued from August 18, 2009) PUBLIC H
Mayor Pro tem Scarth opened the public hearing and asked if there was anyone present desiring to be
heard.
a.Renort of Citv Sta
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
(Council Member Hicks left her place at the dais and left the meeting.)
Council Member Jordan advised that he filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
(Council Member Jordan left his place at the dais.)
Mr. Kevin Strawser, representing Chesapeake Energy Company, 100 Energy Way, appeared before
Council and provided a presentation regarding the proposed gas well relative to pad site design
standards, sound mitigation, and truck routes.
Council Member Burns stated his expectation was that Chesapeake, City staff and the Friends of the
Van Zandt Cottage would continue to work together to determine the appropriate maximum truck
speed along the access road to minimize any negative impact to the cottage. He further stated that a
consultant could be utilized if they need to establish baseline vibration information or receive
professional advice on the corresponding speeds.
(G-16644 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 7 of 22
b.Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G-16644 and spoke relative to noise, pollution, truck routes and sound mitigation:
Mr. David Steckler, 1017 Picasso Drive
Ms. Sally Longroy, representing Carrington and Coleman Law Firm, 901 Main Street
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-16644 and spoke relative to the Van Zandt Cottage, noise, pollution, sound
mitigation, and truck routes:
Ms. Malinda Crumley, 3606 Hamilton
Ms. Alice Cranz, 2728 Miro Court
Ms. Gretchen Denny, 2717 Museum Way
Mr. Gary Hogan, 2117 Rolling Creek Run
Mr. Arthur Weinman, 3717 Stoney Creek Road
Ms. Jerre Tracy, Executive Director of Historic Fort Worth, 1110 Penn Street
Mayor Pro tem Scarth recognized Mr. Gordan Appleman, as desiring to speak in opposition, but he
was not present in the Council Chamber.
c.Council Action
Council Member Burns asked Mr. Strawser to clarify: the distance to the Cranz residence, why
Chesapeake was allowed to comply with a 200 foot setback, and what type of plan Chesapeake had for
tree preservation along the truck route.
Mr. Strawser clarified that the distance to the Cranz residence was approximately 250 feet from the site
and approximately 350 feet to the actual well bore. He stated the property was purchased by
Chesapeake before the ordinance requiring a greater minimum setback was passed and that
their property was grandfathered under the previous ordinance. He further advised that he had met with
City Forester Melinda Adams and it had been determined that no significant tree trimming or removal
would be necessary within the truck route.
Council Member Burns requested Assistant City Attorney Sarah Fullenwider confirm that the property
was grandfathered under the previous ordinance.
(G-16644 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 8 of 22
Assistant City Attorney Fullenwider confirmed that the property was grandfathered under the previous
ordinance.
Council Member Burns read the following stipulations into the record:
For a two-year period beginning on the date a Multiple Well Site Permit for the Aussie site is issued by
the City of Fort Worth, Chesapeake Operating, Inc., may conduct drilling and completion operations
for one or more gas wells. Chesapeake Operating, Inc., shall cease drilling and completion operations
two (2)years from the date of the issuance of the Multiple Well Site Permit or the date of issuance of
either a temporary or permanent Certificate of Occupancy for the currently proposed project at 2501
Museum Way, whichever comes later ("No Drill Period"). During the No Drill Period, all drilling
operations must cease as provided above, only normal operating and production work may take place,
but Chesapeake may utilize workover rigs as necessary to ensure safety and continuous operations
and/or maintenance or repair of the existing well(s). Chesapeake Operating, Inc., may resume drilling
operations as provided by the permit starting four years from the date of the issuance of the Multiple
Well Site Permit, at which time Chesapeake will utilize appropriate sound mitigation techniques as are
then available, which will include but not be limited to the following:
Installation of sound blankets and/or walls around the rig engines and generators to muffle engine
noise at the source.
Utilization of rubber mats on the rig floor, cat walks, V-doors and pipe racks to mute sounds caused by
movement on the rig.
Orienting the rig's placement, so that its location most effectively reduces sounds that might carry in
the direction of the new buildings.
Utilize additional mufflers as needed.
Deviations from this equipment will be at the sole discretion of the Gas Well Inspector and shall not be
allowed to reduce the effectiveness of the noise mitigation plan. Any delays in construction at 2501
Museum Way shall not result in an extension of the No Drill Period.
Continue to negotiate with the Fort Worth Independent School District regarding use of the Farrington
Field Parking Lot as a truck route.
Any tree trimming or tree removal be done by the Fort Worth Forestry Department.
(G-16644 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 9 of 22
The road behind the cottage be a temporary dirt road for the sole benefit of the well and not available
to the general public.
The Friends of the Van Zandt Cottage and the Texas Historic Commission be consulted on any
surveyor work needed in connection with the road, including surveying and platting the cottage and its
surrounding landscape.
City staff must continue to work with the Friends of the Van Zandt Cottage regarding vibration
mitigation and truck speeds.
Motion: There being no one else present desiring to be heard in connection with the public hearing,
Council Member Burns made a motion, seconded by Council Member Burdette, that the
public hearing be closed and Mayor and Council Communication No. G-16644 be approved
as amended by the stipulations presented. The motion carried unanimously six (6) ayes to
zero (0) nays, with Mayor Moncrief and Council Member Hicks absent and one (1)
abstention by Council Member Jordan.
2.MSC G-16683 - Approve the Application from► Mr. Jerry Hawkins for a Partial Approval of
the Historic Site Tax Exemt)tion for 1418 Washin2ton Avenue.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16683 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
Mayor Pro tem Scarth advised that the Council would consider Mayor and Council Communication
Nos. C-23756 and PZ-2835 at this time and then conduct the Budget Hearing to allow citizens to speak
in a timely manner.
(Council Member Jordan returned to his place at the dais.)
3.MSC C-23756 - Authorize the City Manager to Execute an Advanced Funding Amemient in
the A $2, 7. Vista Crossroads 1, Ltd., y GLC ista Crossroads, . '., its
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 10 of 22
General Partner by ranite Lan 0
Execute an Interlocal ith Tarrant County in the Amount of $100,000.00; Adopt
Resolution Authorizine Execution of a Local Proiect Advance Funding Agreement with the
Texas De artment of Transportation for the Division of Costs and Resp nsibilities for
Relocation of US 81/287 Northbound Exit-Ramp at Avon ale Haslet Road and Reconstruction of
the Northbound Frontage Road from 2-Lanes to 3-Lanes; Adopt a Supplemental
Appropria ion Ordinance Increasing Estimated Receipts and Appropriations i the General
Fund in the Amount of $2,558,417.00, from Available Funds, for the Purpose of Funding the
Construction to Relocate the Northbound Exit t Av ondale Haslet Road and Reconstruct
the Northbound Frontage Road.
Mr. Andrew Morgan completed a speaker card in support of Mayor and Council Communication No.
C-23756 but did not wish to address the Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C-23756 be approved and Resolution No. 3783-09-2009
and Supplemental Appropriation Ordinance No. 18779-09-2009 be adopted. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council
Member Hicks absent.
E.Planning & Zoning
1.M&C PZ-2835 - Authorize tht C
_ jtj_Manager to Adopt an Ordinance Vac ti a nd
Extinguishing an Alley Located in the J.N. Ellis_Survey,Adjacent to Lot 6 of the C.T. Hodge
Addition and Lot 1, Block 2 of the J.T. Blanchard Subdivision in the City of Fort Worth and an
Alley Located in the J.N. Ellis Survey, Adjacent to Lots I and 2 of the J.T. Blanchard
Subdivision in the City of Fort Worth, Tarrant County, Texas; and Waive Any and All Purchase
Fee Value of the Vacated Land in Accordance wi Continued from
August 11, 2009}.
Mr. Andrew Morgan completed a speaker card in support of Mayor and Council Communication
No. PZ-2835 but did not wish to address the Council.
Council Member Bums stated he would make a motion to approve this item with the following
amendment to Section 5 of the ordinance:
That this ordinance shall take effect on the date that an agreement is signed by both the City and
Hunter D.G. Hemphill, L.P., or an affiliate thereof that guarantees construction of a facade per agreed
to architectural standards as filed with the City Secretary's Office and provided; however, that if such
agreement is not filed with the City Secretary's Office by October 1, 2009, the City Council's action
under this Mayor and Council Communication item will be null and void, the ordinance shall not take
effect.
(PZ-2835 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 11 of 22
Council Member Burns also advised that the project was eligible for Neighborhood Empowerment
Zone benefits.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. PZ-2835 be approved as amended and Ordinance No.
18780-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays,
with Mayor Moncrief and Council Member Hicks absent.
XV.BUDGET HEARING
1. Fiscal Year 2009-2010 Approp iation Ordinance, De t Service
Ordinance and Ad Valorem Tax Levi Ordinance
1. r
Budget Manager Horatio Porter appeared before the City Council and provided a staff report.
City Manager Fisseler advised that a Budget Worksession would be held on September 8, 2009, and
discussion would include the funding identified for United Way, Fort Worth Convention and Visitors
Bureau (CVB), Arts Council, and the non-profit organizations that were identified as a budget
reduction. He further advised that an additional Budget Worksession would be held on September 10,
2009, and discussion would include the Wedgwood and Meadowbrook Libraries and the new
Northwest Branch Library.
2.Citizen Presentations
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget and
appeared before Council relative to continued funding of the Fort Worth Sister Cities International
Program:
Mr. Ja'Marcus Perdue, 2450 Oak Hill Circle, No. 434
Mr. Brian Barnard, 201 Main Street
Ms. Treasure Tinsley, 1616 Fairmount Avenue
Ms. Micayla Brown, 1720 Clover Lane
Ms. Christina Whitfield, 6500 Meadows West Drive
Ms. Maria Natera, 5812 End O' Trail
Mr. Carlo Capua, representing Z's Cafe, 6913 Chickering Road
(XV. BUDGET HEARING Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 12 of 22
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget and
appeared before Council relative to continue funding of the Imagination Celebration Program:
Ms. Mary Blakemore, 1306 Illinois Avenue
Mr. Josh Carrizales, 633 Cumberland Drive
Mr. James Roe, 2298 Ridgmar Plaza, No. 115
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget and
appeared before Council relative to proposed closing of community pools:
Mr. Larry Johnson, 1304 East Jefferson
Ms. Joyce Horrice Goff, 1337 East Richmond Avenue, presented documentation of fund raising for the
Hillside Pool to present to Council Member Hicks and delivered a banner with children's signatures to
support funding of the pool.
Mr. Johnny Lewis, 953 Terrell
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget and
appeared before Council relative to proposed closing of the Wedgewood and Meadowbrook Branch
Libraries:
Ms. Bunny Gardner, 3701 Stoney Creek Road
Mr. Jacob P. Velasquez, 3613 Fenton Avenue
Mr. John Whittington, 5118 Norma Street
Ms. Tolli Thomas, 5341 Wooten Drive
Mr. Joshua E. Estes, 3808 Wooten Drive
Mr. Gene Kuhler, 6236 Brentwood Drive
Ms. Bene' Andrea Turner, 5800 Highland Park Drive, No. 1077
Ms. Sarah Reckling, 1428 West Gambrell Street
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget and
appeared before Council relative to proposed closing of the Como Community Center:
Ms. Dorothy DeBose, 5713 Humbert
Mr. Kelton Russell, 5817 Levelland Drive
Ms. Willie Westbrook, 5617 Houghton
Mr. Thurbie Johnson, 5317 Humbert Avenue
Ms. Shemireyah Hill, 5725 Humbert Avenue
Ms. Neasy Cole, 4900 Horne Drive
Mr. Marquis Kennedy, 5504 Goodman Avenue
(XV. BUDGET HEARING Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 13 of 22
Mr. Craig Nealey, 1005 Bessie Drive
Mr. Patrick Trepagneer, 5432 Helmick
Mr. Robert Newsome, 5816 Goodman Avenue
Ms. Charlotte Smith, 5716 Goodman Avenue
Mr. D'Leeland Dickerson, 5703 Farnsworth
Dr. Randal Brown, 3300 Lake Como Drive
Ms. Melvis P. Anderson, 5702 Goodman Avenue
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget and
appeared before Council relative to proposed closing of the Wedgwood and Meadowbrook Libraries,
the Como Community Center, after school programs, community pools and Summer Track Programs:
Ms. Esther McElfish, 7112 Martha Lane, and requested auditing of the City's TIF's and use of that
money for funding.
Mr. Joe Don Brandon, P.O. Box 1155
Reverend Carl Pointer, 2532 Timberline Drive
Ms. Wanda Conlin, 1755 Martel Avenue
Ms. Charlotte Sobel, 3101 Binyon, spoke in favor of a tax increase and identified that $0.01 on the tax
rate would provide $4.2 million.
The following individuals completed a speaker card in opposition to the proposed FY 2010 Budget but
did not wish to address the Council:
Ms. Antqanette Grunnell, 1317 East Powell
Ms. Margaret Adams, 5501 Helmick
Ms. Sheila Washington, Fort Worth, Texas
Ms. Ella E. Harris, 5413 Farnsworth Avenue
Ms. Ida Johnson, 5317 Humbert Avenue
Ms. Margaret Washington, 5413 Kilpatrick Avenue
Mr. Douglas Harman, 2222 Winton Terrace East
Ms. Bobbee Jeane Clark, 5204 Goodman Street
Ms. Mary Polk, 3812 Halloran Street
There being no one else present desiring to be heard, Mayor Pro tem Scarth stated the public hearing
would remain open until final adoption of the budget, debt service, and tax rate ordinances.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 14 of 22
3.M&C G-1 m A r ve t e A is ti s r ti e r arty wners for Verification of
the Historic Site Tax Exemption for 2212 Mistletoe Boulevard, 2232 College Avenue and 1801
Alston Avenue.
(Council Member Zimmerman left his place at the dais.)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16684 be approved. The motion carried
unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members
Hicks and Zimmerman absent.
4.M&C G-16685 - A a Surmlem eta l Ammormiation Ordinance Increasin2 the Estimated
Receipts and Appropriations in the Red Ligh Enforcement Program Fund in the Amount of
$275 00.00 rom Available Funds for the PurpaEL2f Fundin General Operating Expenses.
,0 ....f ......g_
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16685 be approved and Supplemental Appropriation
Ordinance No. 18781-09-2009 be adopted. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Mayor Moncrief and Council Members Hicks and Zimmerman absent.
(Council Member Zimmerman returned to his place at the dais.)
5.MSC G-16686 - Adopt an Ordinance Providing for the Issuance of$88,140,000.00 of General
Purpose Bonds Series 2009 f the City of Fort Worth, Texas, Bearing Interes at the Rates
Hereinafter Set Forthand Providing for the Levy,Assess e and Collection of a Tax Sufficient
to Pay the Interest on Said Bonds and to Create a Sinking Fund for the Redemption Thereof at
Maturity; and Ordaining Other atters Related Thereto; and Ant orhea? the $88,140,000.00,
Citv of F Series 2009.-be old to n
Securities, Inc., at the Interest to of 3.728 Percent.
Mr. James Mauldin, City Treasurer, Finance Department, appeared before Council and provided a staff
report on Mayor and Council Communication Nos. G-16686 and G-16687.
Council Member Jordan stated this marked the hard work of staff over a four (4) year period which
resulted in a two (2) step upgrade in the City's rating and stated the City has strong financial
management.
Council Member Espino stated the additional debt capacity meant that the City could provide roadway
improvements in a timely manner.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 15 of 22
(G-16686 Continued)
Mayor Pro tem Scarth recognized Mr. Boyd London, Financial Advisor for the City, with First
Southwest Company, who attended the meeting.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16686 be approved and Ordinance No. 18782-09-2009
be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor
Moncrief and Council Member Hicks absent.
6. 7 - Adopt an Ordinance by the Cily Co ncil the Cjjj_2f Fort WorthTexas,
Providing for the Issuance of $56,545,000.00 City of Fort Worth, Texas, Combination Tax and
Limited Surplus eve nue Certificates 1 ati , ��2 ; r yi 1 r the Le yy,
Assessment and Collection of a Tax Sufficient to Pay the Interest on Said Certificates of
Obli ation and to Create a Sinking Fund for the Redemption Thereof at Maturity; Pledging
Certain Revenues in Surmort Said er is es Prescribing the Form of Said er is es of
Obli atiow a r ai i ter attars a ati t t o S act; and A t r' e the
$56,545,000.00 Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series
2009, be S Id to RBC Capital Markets, the B dder Offering the Low st True Interest Rate of
3.481 Perce t.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16687 be approved and Ordinance No. 18783-09-2009
be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor
Moncrief and Council Member Hicks absent.
7.It was the Consensus of the Ci , t at ay r and ci l Communicati
Ador)t an Ordinance Providing for the Issuance of the General Purpose Bonds, Series 2009, of
the Citj f Fort rt , exas, i a A re ate Principal ace Amount Not to xcee
$92,855,000.00; Establishing Parameters Regarding the Sale of the General Purpose Bonds;
Approvin&the Execution of a Pu rc ase A tee a t; r vi i rte evy, Assess e t and
Collection of a Tax Sufficient to Pay the Interest on Said Bonds and to Create a Sinking Fund for
the Redemption Thereof at Maturity; and Ordaining Other Matters Related Thereto, be
Withdrawn from s era
8.It was the Consensus of the Council., that Mavor and ci Communication ,
Adopt an Ordinance Providing for the Issuance of City of Fort Worth, Texas, C®mbination Tax
and Limited Surplus eve e Certificates of Obligation, Series 2009
, in an Aggregate ri Ci a
Amount Not to Exceed $63,655,000.00; Establishing Parameters Regarding the Sale of the
Certificates of Obli2ation; At)r)rovin2 the Execution of a Purchase Agreement; a nd Ordainin
Other Matters Related Thereto, be Withdrawn from Consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 16 of 22
D.Land
1.M&C L-1 ement in Case No. 08-10095 in the United States
kafl!ir tcy rt 1 the Northern District of Illinois — Eastern Division; and Accept t he
Dedication oLApproxim ate ly 39.20 Acres of Parkland and Park Facifitj Improv ments from the
KHI Post-Consummation Trust and the KHI Liquidation Trust for Chadwick Farms Park.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. L-14826 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Hicks absent.
F.Award of Contract
1.It was the Consensus of the Councilthat Mayor and Council Communication No. C-23697
Authorize a Contract in the Amount of $70,000.00 with Westhill Construction, Inc., to Install
Speed Cushions and Raised Crosswalks at Various Locations in the City of Fort Worth for
Traffic Calffijag,be Continued
2.MSC C-23755 - Authorize the City Manager v Secretary
ger to Execute Amendment No. 4 to City .
Contract No. 38136,_a Form al_Agreem e with the North Texas Tollwav Authoritv, the Texas
Department of Transportation and the Union Pacific Railroad Company, to Change "September
1, 2009," to_"September 23,2009,," and Modify the Notice Date Throughout to Provide an
Extension of Certain Deadlines Associated with the Southwest Parkway Proiect.
Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mayor
and Council Communication No. C-23755 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
4.MSC C-23757 - Authorize the City Manager to Execute Amendment No. I in the Amount of
$100,000.00 to City Secretarl Cont act No. 35279 with Mas-tek Engineering and Associates, Inc.,
for Geo-Technical and Construction Material Testing Services Resulting in a Total Contract
Amount of$325,000.00
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23757 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 17 of 22
5.M&C C-23758 - Authorize the City Manager to Ex cute a Construction Contract in the
Amount of $365,100.00 with Gene Doss Construction,_Inc. for the Renovation of the
Neighborhood Policing District No. 3 at Meacham International Air Dort.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C-23758 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
6.MSC C-23759 - Ador)t an Ammotwiation Ordinance Increasing the Estimated Receipts and
Appropria ions in the TPW Gas Well Revenue Fund in the Amount of $ om
Available Funds, r the Purt)ose of Fundin2 Trinitv Boulevard Concreter
Reconstruction/Restoration 2009-4 at the Following Four Locations: Hwy 360 Sevice Road to
Centret)ort Boulevard; Centreport Boulevard to Cambridge Road-__Cambridge Road to
Diplomacy Drive; and Diplomacy rivet TRE RR Bridge; and A thorize the C
Lity_Manager to
Execute a Contract with McMahon Contractin2, L.P., in the Amount of $1,309 955.00 for 150
Calendar Days.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23759 be approved and Appropriation Ordinance No.
18784-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays,
with Mayor Moncrief and Council Member Hicks absent.
7.M&C C-23760 - Authorize the City Manager to Execute a Contract in the Amount of
$489,124.0 with Jackson Construction, Ltd., for Wate and Sanitary Sewer elocations for
State Highway 121T, Part 21, at Overton Ridge Boulevard.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-23760 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
XVI.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 August 17, 2009. Mayor Pro tem Scarth opened the public
hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 18 of 22
1.L2fling_Raket No. ZC-08-128B - ' of For Worth Planning & Development Stop Six Poly
Area,1605 Andrew Avenue; fro "B" Two-Family to 'A-5" One-Famill (Re ommended for
An2roval).
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-08-128B be approved. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Moncrief and Council Member Hicks absent.
2.Zoning Docket No. ZC-08-151B jLy
City of Fort Worth Planning & Develop- nt Hillside-
_
Morningside Are a,1110 Jessamine from "B" Two-Familv to "A-5" One-Family (Recommended
for Approval}.
Motion: On behalf of Council Member Hicks, Council Member Burns made a motion, seconded by
Council Member Zimmerman, that Zoning Docket No. ZC-08-151B be approved. The
motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and
Council Member Hicks absent.
3.Zoning Docket No. ZC-08-168B - City of Fort Worth Planning Development Department
Street and 501 Page Street; from cc 99 Medium Densily Mu ti-
Familv, "CF" Communitv Facilities, and "J" Medium Industrial to "A-5" One-Fami1v and "CF"
Community Facilities Recommended for Approval).
Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-08-168B be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Mayor Moncrief and Council Member Hicks absent.
4.L2fljRg_REket No. ZC-08-197B - City of For h Aviation I�e�artrrient, 1110, 1112 and
Wort
1114 N.W. 36th Street ht Industrial to "I'D/1" Planned Development for All Uses in
,from "I" Ljg_
"I" Light Industrial Plus Aviation Related Uses and Excluding Bars/Nightclubs, Junk yar ds
Recycling Facilities,Motels,_Sexually Oriented Businesses and Tattoo Parlors; Site Plan Waiver
Recommended (Recom ended for A
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Zoning
Docket No. ZC-08-197B be approved. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Moncrief and Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 19 of 22
5.L2fljRg_Raket No. ZC-09-062 - City of Fort Worth Planning & Deve lopment,4100 Block of
Golden Triangle, 2766 Keller Hicks and 10910 Old Denton "A-5" One-Fancily, "C"
Medium Density Multi-Fancily and "E" Neiehborhood Commercial to "CF" Coniniunity
Facilities, "112" Townhouse/Cluster and "E" Neighborhood Commercial (Recommended for
Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-09-062 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Mayor Moncrief and Council Member Hicks absent.
6.Zoning Docket No. ZC-09-081 - Carniceria Properties, LLC, 1146 East Seminary Drive; from►
"E" Ne1 2hborhood Commercial to "PD/E" Planned Deve loment for All Uses in "E"
Neighborhood Commercial Plus B an
Waiver Recommended. (Recommended for Approval}.
Motion: On behalf of Council Member Hicks, Council Member Burns made a motion, seconded by
Council Member Espino, that Zoning Docket No. ZC-09-081 be continued until the
October 13, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero
(0) nays, with Mayor Moncrief and Council Member Hicks absent.
7.Zoning Docket No. ZC-09-082 - C. Ray Armstron 4661 and 4717 White Settlement Road;
from "A-5" One-Fami1v and "D-HR2" High Densitv H1 2h Rise to "E" Nei2hborhood
Commercial (Recommended for A
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning
Docket No. ZC-09-082 be approved. The motion carried unanimously seven (7) ayes to zero
(0) nays, with Mayor Moncrief and Council Member Hicks absent.
8.Zoning Docket No. ZC-09-084 - North Tarrant 226 Joint Venture, 12700 Timberland Drive;
from "ER" Nei2hborhood Commercial Restricted and "E" Nei2hborhood Commercial to "E"
Neighborhood Commercial and "PD/E" Planned Development for All Uses in "E" Neighborhood
Commercial with No Maximum Building Size,
Site Plan Waiver Recommended. (Recommended
for Approval}.
Ms. Nikki Sopchak, 77 Main Street, completed a speaker card in support of Zoning Docket Case No.
ZC-09-084 but did not wish to address the Council.
Council Member Espino expressed appreciation to North Tarrant Joint Venture for their work on the
proj ect.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 20 of 22
(ZC-09-084 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-084 be approved with appreciation. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
9.Zoning Docket No. ZC-09-085 - MNX Investments, L.L.C., 4904 Diaz and 3310 Eldridge,
"B Two-Famil3: to "P /C" Planned Develop e for All Uses in "C" Medium Densit A Multi-
_
Fami1v with a Maximum of Eight (8nits- Site Plan Waiver Recommended. (Recommended for
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-09-085 be approved. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Mayor Moncrief and Council Member Hicks absent.
10.Zoning_Docket No. ZC-09-086 - City of Fort Worth Planning & Development Sce ic Bluff
Neighborhood_Area,, Gen era liv Bounded bv Yucca Avenue, Riverside Drive, SH121, a d
Oakhurst Scenic Drive-
from "A-5" Ong y lFamil "B" y,
Two-Famil "B[DD" Two-
.................. _
Familv[Demolition Delay, "C" Medium Density Multi-Family, "ER" Neighborhood Commercial
Restricted, "E" Neighborhood Commercial,- "FR" General Commercial Re 99
Intensive Commercial, "I" Light Industrial, "J" Medium Industrial, " D" Medium
Industrial/Demolition Delay and 'PD-89" Planned Deve!2nMent for All Uses in "E" and Minor
Auto Repair and Insgections to "A-5" One-Family, "A-5[DD" One-Familv[Demolition Delay,
"B" Two-Family, "C [DD" Community Facilities[Dem lition Delay, "ER" Neighborhood
Commercial Restricted, "1: Neighborhood Commercial and "G" Intensive Commercial
(Recommended for A��roval}.
_ 9N�
Council Member Espino expressed appreciation to the Scenic Bluff Neighborhood Association for
their support on the zoning issues.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC-09-086 be approved with appreciation to staff. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member
Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 21 of 22
There being no one present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by
Council Member Moss, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 18785-09-2009
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 Mayor Moncrief and Council
Member Hicks absent.
XVIL CITIZEN PRESENTATIONS
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and spoke regarding The T - Two Can
Food Ride and stated that the can drive was to only be a pass to ride the bus within the City of Fort
Worth. He provided three (3) tickets that were obtained in this manner and identified that they
were premium tickets which would allow the individual to travel to Dallas. He stated that the City of
Dallas was entitled to get a portion of the proceeds of that ticket sale. He added this program was
being done illegally and requested the City to check into this matter. He left a copy of the ticket with
the Assistant City Secretary. Mr. Brandon referenced a negative story about a bus driver that was in
the newspaper. He also stated that he would like to see positive stories about The T bus drivers.
Ms. Cheryl Whittington, 5118 Norma Street, appeared before Council relative to a halfway house
located in her neighborhood and requested something be done about it.
XIX.ADJOURNMENT
There being no further business, the meeting was adjourned at 10:20 p.m. in memory of retired Police
Officer Dennis "McCloud" O'Neal, who served the City of Fort Worth for 32 years, who passed away
on August 29, 2009, and former Council Member and Mayor Pro tem Jim Bradshaw, who passed away
on August 26, 2009.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1, 2009
PAGE 22 of 22
These minutes approved by the Fort Worth City Council on the 8th day of September, 2009.
Attest: Approved:
V
Y,\azQ/V\��� 4e �"/
Marty Pendrix Daniel Scarth
City Secretary Mayor Pro tem