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HomeMy WebLinkAbout2010/06/08-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff 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 7:04 p.m. on Tuesday, June 8, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Pastor Ted Kitchens, Christ Chapel The invocation was provided by Pastor Ted Kitchens, Christ Chapel. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. City Secretary Hendrix advised the audience that Mayor and Council Communication No. C -24255 would be moved up on the agenda after Item IX. Special Presentations, Introductions, etc. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 18, gala Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman that the minutes of the regular meeting of May 18, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 2 of 29 1, City Manager Fisseler requested that Mayor and Council Communication Nos. G- 16939, G- 16946, L- 14983, L- 14987, C -24244 and C -24245 be withdrawn from the Consent Agenda. City Manager Fisseler requested that Mayor and Council Communication Nos. G -16946 be continued until the June 22, 2010, Council meeting and that P -11131 be withdrawn from consideration and replaced with P- 1113 1 (Revised). VII. CONSENT AGENDA Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 2. M &C G -16940 - Adopting Supplemental Appropriation Ordinance No. 19164 -06 -2010 Increasing the Estimated Receipts and Appropriations in the Solid Waste Fund in the Amount of $8,500.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for Assistance and Advice to Settle the Lawsuit Between the City of Fort Worth and Allied Waste Services, Inc., d /b /a Trinity Waste Services, Cause No. 153 231908 08; and Adopting Resolution No. 3887 -06 -2010 Increasing the Maximum Amount to be Paid to Kelly, Hart and Hallman P.C. as Outside Legal Counsel to Advise the City on Legal Issues Related to the Agreement to Lease and Operate the Southeast Landfill. 3. M &C G -16941 - Adopting Resolution No. 3888 -06 -2010 Increasing the Maximum Amount to be Paid to Gregory Geotechnical for Expert Witness Services Regarding Premature Street Failures in an Amount Not to Exceed $250,000.00. 4. M &C G -16942 - Adopting Resolution No. 3889 -06 -2010 Authorizing the City Attorney to Retain the Law Firm of Susan G. Zachos, Solo Practitioner, as Outside Legal Counsel Pursuant to Chapter VI, Section 3, of the City Charter to Assist the City Attorney with Legal Issues Related to Finalizing the Negotiation and Drafting of the Wholesale Water Contracts and Designating in Advance, as Far as Practicable, the Compensation to be Paid to Susan G. Zachos in an Amount Not to Exceed $50,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 3 of 29 (VII. CONSENT AGENDA Continued) 5. M &C G -16943 - Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Five (5) Limousines Upon the City Streets, Alleys and Thoroughfares; About DFW Co., d /b /a AboutFW Car & Limousine Services, is Qualified and Financially Able to Conduct a Limousine Service Within the City; About DFW Co., d /b /a AboutFW Car & Limousine Services, has Complied with the Requirements of Chapter 34 of the City Code; About DFW Co., d /b /a AboutFW Car & Limousine Services, Presented Facts in Support of Compelling Demand and Necessity for Five (5) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Five (5) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19165 -06 -2010 Granting the Privilege of Operating Authority to About DFW Co., d /b /a AboutFW Car & Limousine Services, for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Five (5) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by About DFW Co., d /b /a AboutFW Car & Limousine Services; and Conditioned on About DFW Co., d /b /a AboutFW Car & Limousine Services, Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 6. M &C G -16944 - Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of 20 Limousines Upon the City Streets, Alleys and Thoroughfares; Embarque Dallas, Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City; Embarque Dallas, Inc., has Complied with the Requirements of Chapter 34 of the City Code; Embarque Dallas, Inc., Presented Facts in Support of Compelling Demand and Necessity for 20 Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of 20 Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19166 -06 -2010 Granting the Privilege of Operating Authority to Embarque Dallas, Inc., for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of 20 Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by Embarque Dallas, Inc., and Conditioned on Embarque Dallas, Inc., Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 4 of 29 (VII. CONSENT AGENDA Continued) 7. M &C G -16945 - Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Two (2) Limousines Upon the City Streets, Alleys and Thoroughfares; Frankcisco Hummersine, LLC, is Qualified and Financially Able to Conduct a Limousine Service Within the City; Frankcisco Hummersine, LLC, has Complied with the Requirements of Chapter 34 of the City Code; Frankcisco Hummersine, LLC, Presented Facts in Support of Compelling Demand and Necessity for Two (2) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Two (2) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19167 -06 -2010 Granting the Privilege of Operating Authority to Frankcisco Hummersine, LLC, for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Two (2) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by Frankcisco Hummersine, LLC, and Conditioned on Frankcisco Hummersine, LLC, Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 9. M &C G -16947 - Adopting Ordinance No. 19168 -06 -2010 Adopting a Water Main Capacity Charge for a Developer Initiated 24 -Inch Water Main West of Farm to Market Road 156 at the US Hwy 114 Intersection to be $67,553.09 Per Million Gallons Per Day in Accordance with City Code Sections 35 -90 and 35 -92; and Making this Ordinance Cumulative of Other Ordinances; Repealing All Ordinances in Conflict Herewith; and Establishing the Boundary Area for the Water Main to Allow the Water Department to Assess Reimbursements to the City and MAW River's Edge, LP, Pursuant to Section 35 -93 (b). 10. M &C G -16948 - Adopting Ordinance No. 19169 -06 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $24,000.00, from Available Funds, for the Purpose of Funding the Water /Garbage Fee Assistance and Plumbing Repair Program Administered by the Parks and Community Services Department. C. Land - Consent Items 2. M &C L -14984 - Authorizing the Direct Sale of Two (2) Tax Foreclosed Properties Located at 5120 Vinson Street, Described as Lots 16A and B, Lots 17A and B, Block 1, Harwood Little Farms Addition and 6111 North Ridge Road, Described as Lot 10A, Block 8, Greenfield Acres Addition to the City of Fort Worth in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $17,979.92; Authorizing the Purchase of the Properties in the Total Amount; and Authorizing the City Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to Complete the Purchase and Sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 5 of 29 (VII. CONSENT AGENDA Continued) 3. M &C L -14985 - Authorizing the Direct Sale of a Tax Foreclosed Property Located at 841 East Jessamine Street, Described as Lot 308, Block 12, Hyde Park Addition, to H.O.P.E. Farm, Inc., in Accordance with Section 34.05 of the Texas Tax Code for the Total Purchase Price of $6,618.23; and Authorizing the City Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 4. M &C L -14986 - Authorizing the Direct Sale of Eight (8) Tax Foreclosed Properties in Southeast Fort Worth Located at 909 Baurline Avenue, Described as Lot 2, Pace Re- Subdivision, 1003 Baurline Avenue, Described as South V2 Lots 1 and 2, Garland Subdivision, 217 Paradise Street, Described as Lot 5, Block 27, Riverside Addition, 2612 La Salle Street, Described as Lot 4, Block 2, Martindale Addition, 2614 La Salle Street, Described as Lot 5, Block 2, Martindale Addition, 2712 La Salle Street, Described as Lot 12, Block 2, Martindale Addition, 3101 East Twelfth Street, Described as Lot 5, Lincoln Place Addition and 3101 Finley Street, Described as Lot 5, Carver Place, to Texas State Affordable Housing Corporation in Accordance with Section 34.05 of the Texas Tax Code for a Total of $45,982.72; and Authorizing the City Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to Complete the Sale. D. Planning & Zoning - Consent Items 1. M &C PZ -2885 - Adopting Ordinance No. 19170 -06 -2010 Vacating and Extinguishing an Alley from West Fuller Street to West Spurgeon Street, an Alley from Stanley Avenue to Gordon Avenue, a Portion of Gordon Avenue from West Spurgeon Street to Boyce Avenue, a Portion of Townsend Drive from West Spurgeon Street to Boyce Avenue and a Portion of Boyce Avenue from Stanley Avenue to Frazier Avenue and All of Two (2) 15 Foot Wide Alley Right -of -Ways, Situated in the M.J. Arocha Survey, Abstract No. 1, Tarrant County, Texas; According to the Plats of Seminary Hill Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M &C G- 15624). 2. M &C PZ -2886 - Adopting Ordinance No. 19171 -06 -2010 Vacating and Extinguishing a Portion of North Jones Street from Northeast Twenty- Second Street to Northeast Twenty -First Street, a Portion of Northeast Twenty- Second Street from North Calhoun Street to North Grove Street and a Portion of North Grove Street from Northeast Twenty -First Street to its Northern Terminus, Situated in the M.G. Ellis Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M &C G- 15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 6 of 29 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 3. M &C C -24246 - Authorizing Execution of One Storm Water Facility Maintenance Agreement with First Trace Capital Funding, LLC, Located on Lot 1, Block 1, of the Cantex Addition, Situated South of Heritage Trace Parkway and East of North Beach Street in North Fort Worth at No Cost to the City. 4. M &C C -24247 - Adopting Supplemental Appropriation Ordinance No. 19172 -06 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $60,500.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, to Assist With the Design of a New Cooling Tower and Associated Upgrades for the Fort Worth Convention Center; and Authorizing Execution of an Engineering Services Agreement for an Amount Up to $60,500.00, Including $5,500.00 in Contingency, with Summit Consultants, Inc., for the Design. 5. M &C C -24248 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 35891, a Terminal Building Office Lease and Ramp Space License Agreement with Don E. Hansen, to Increase Eligible Rent Credit Percentage at Fort Worth Meacham International Airport. 6. M &C C -24249 - Authorizing the City Manager to Execute a Contract in the Amount of $1,749,723.50 with Conatser Construction TX, LP, for Water and Sanitary Sewer Relocations for State Highway 121T, Parts 6, 14 and 16 on Vickery Boulevard. 7. M &C C -24250 - Authorizing the City Manager to Execute an Agreement with the City of Haltom City Defining Responsibilities of the City of Fort Worth and the City of Haltom City Regarding the Relocation of a Portion of City of Fort Worth Sanitary Sewer M292C to Accommodate a Corps of Engineers Flood Control Improvement Project in the City of Haltom City. 8. M &C C -24251 - Authorizing the City Manager to Execute an Engineering Agreement with Deltatek Engineering in the Amount of $146,650.00 for the Rehabilitation of the Five (5) Million Gallon Randol Mill Ground Storage Tank Located at 6401 Bridge Street. 9. M &C C -24252 - Authorizing the Transfer of $52,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19173 -06- 2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of $52,000.00 from Available Funds, for Sanitary Sewer Rehabilitation Contract LVIII (58), Part 3, on Westhaven Drive; and Authorizing the City Manager to Execute a Contract in the Amount of $747,450.00 with Conatser Construction TX, LP. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 7 of 29 VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1773 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. G. General Consent - (Removed from Consent for Individual Consideration.) 1. M &C G -16939 - Authorize the City Manager to Execute a Public Right -of -Way Use Agreement with Texas Midstream Gas Services, LLC, to Grant a License to Construct and Operate a Natural Gas Gathering Pipeline Across North Jones Street at Northside Drive for a One (1) Time License Fee of $5,750.00. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -16939 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 8. M &C G -16946 - It was the Consensus of the Council that Mayor and Council Communication No. G- 16946, Adopting a Resolution Requesting the Texas Transportation Commission to Add Portions of Fourth, Fifth and Rosedale Streets to the U.S. Highway Business Route System and to Remove Portions of Houston, Commerce, South Main and West Rosedale Streets from the U.S. Highway Business Route System, be Continued until the June 22, 2010, Council meeting. C. Land - (Removed from Consent for Individual Consideration.) 1. M &C L -14983 - Authorize the Direct Sale of Two (2) Tax Foreclosed Properties Located at 2921 Avenue C, Described as Lot 12, Block 8, and 3301 Avenue C, Described as Lot 9, Block 6, Polytechnic Heights Addition, to Texas Wesleyan University, in Accordance with Section 34.05 of the Texas Tax Code for $5,162.47; and Authorize the City Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to Complete the Sale. Council Member Hicks advised that she 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 Espino, that Mayor and Council Communication No. L -14983 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, and (1) one abstention by Council Member Hicks. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 8 of 29 5. M &C L -14987 - Dedicating Approximately 5.8543 Acres of City -Owned Property Described as a Parcel of Land Out of the P. Truitt Survey, Abstract No. 1508 and the L. Warwick Survey, Abstract No. 1663 and Being a Portion of the Burlington Northern Railroad Company Right -of- Way, Including Easements and Encroachments, to be Known as Victory Forest Park. Council Member Burns stated that this property was once a seldom used railroad spur which ran along Biddison Street between Willing and Hemphill Street connecting the Santa Fe Railroad to the west with the then MKT Railroad to the east. He further stated that by the 1980's the spur was used only once each day and a small engine would transfer a single car between the two railroads each day around noon. He added that there was an old story about the conductor who would let his locomotive engine idle near Hemphill Street while he lunched at a nearby cafe. He stated the spur was abandoned completely and the City acquired the railroad right -of -way in 1990, during which time the site became an eye sore and a strip of underutilized land. He pointed out that Our Lady of Victory (OLV) Heights Neighborhood Association (N.A.) had a vision of something better and they dreamed of a wide landscaped parkway that would accentuate their neighborhood. He advised that in 1994, with coaching from former City Forester, Harold Pitchford, the Association applied for and received a Small Business Administration Tree Planting Grant through the Texas Forest Service for $20,000.00. He further advised that the Biddison Street Steering Committee included representatives from OLV Heights N.A., Ryan Place Improvement Association, Rosemont Voters League, Fairmount N.A., Byers McCart N.A., Southside Alliance, Historic Landmarks, Inc., Re -Leaf Tarrant County (now Cross Timbers Urban Forestry Council), Former Assistant Director of the Parks and Community Services Department, Mr. Harold Pitchford and former City of Fort Worth Mayor and District 9 Councilmember Kenneth Barr. He pointed out that all grants needed matching funds and in -kind donations and that after assistance from the Code Compliance Department with mowing down the high weeds, the Steering Committee held a fund raising kick off celebration on the site on September 28, 1994, and added that the celebration was attended by over 300 people, including Mayor Kay Granger. He advised that the Steering Committee raised $10,160.00 through the generous support of local businesses, neighborhood associations, Burlington Northern Railroad, Texas Steel Company, Equitable and Nations Banks, Mrs. Baird's Bakeries and 119 individuals. He further advised that as a result of the fundraising efforts, a small forest of 119 trees had been planted and irrigated. He stated on April 25, 1995, the Steering Committee and the City celebrated its victory over blight with an Arbor Day Ceremony at the site dedicating the trees to their donors and with a parade through the community. He added that the Paschal High School Army ROTC Honor and Color Guard led the parade and were joined by other local schools, floats and cars from local businesses and supporters, fire trucks and police and parks vehicles. Mr. Terry Thompson, 725 Woodland Avenue, presented a donation of an original map to the City for archival purposes of Victory Forest Park, detailing the location of the 119 trees that were planted and for whom the trees were named. He expressed appreciation to all who assisted with this project and expressed his excitement over the dedication. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 9 of 29 (L -14987 Continued) Mr. Harold Pitchford, former Assistant Director of the Parks and Community Services Department, expressed appreciation to Council Member Burns and all of the community businesses and residents who assisted with the beautification of the area. Mr. Robert Snoke, 3826 6th Avenue, appeared before Council in support of Mayor and Council Communication No. L -14987 and stated he had waited a long time to see this land dedicated as a City park. He also expressed appreciation to Council Member Burns for his support of the project. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. L -14987 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. E. Award of Contract - (Removed from Consent for Individual Consideration) 1. M &C C -24244 - Authorize the City Manager to Execute a Public Right -of -Way Use Agreement Granting Texas Midstream Gas Services, LLC, a License to Construct and Operate a Natural Gas Gathering Pipeline Across Medical Drive, North of John T. White Road, Across John T. White Road North, North of John T. White Road, Across Randol Mill Road, North of John T. White Road and Across John T. White Road, East of Eastchase Parkway for a One (1) Time License Fee of $18,952.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24244 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M &C C -24245 - Authorize the City Manager to Execute a Public Right -of -Way Use Agreement Granting Texas Midstream Gas Services, LLC, a License to Construct and Operate a Natural Gas Gathering Pipeline Across Randol Mill Road, Northwest of Creek Run Road and Across Creek Run Road, East of Randol Mill Road for a One (1) Time License Fee of $7,406.00. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24245 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 10 of 29 IX. SPECIAL PRESENTATIONS, , 1. Presentation of Proclamation for Teen Court Month Council Member Moss presented a Proclamation for Teen Court Month to Pro tem Municipal Court Judge Nemuel Pettie and Ms. Susan Wolf, Teen Court Coordinator. He advised that Teen Court was the fastest growing crime prevention and early intervention program in the nation and stated that the City sponsored and supported the nationally recognized Fort Worth Teen Court program. He further stated that Fort Worth Teen Court volunteers, under the supervision of adult staff and volunteers, acted as teen attorneys, jurors and bailiffs for youth charged with Class C citations, which included 2,434 teens with 3,193 citations annually. He pointed out that on April 10, 2010, Texas Wesleyan Law School graciously hosted the 4th Annual North Texas Teen Court Competition in which Fort Worth Team Number One (1) placed second out of sixteen teams who competed. Judge Pettie expressed appreciation to the Council, Ms. Wolf, and the volunteers for their support and stated the program was very rewarding and served as an effective intervention and learning program for young people. Mayor Moncrief expressed appreciation to all of the Teen Court volunteers and City staff involved in the Teen Court program and stated the program was an important part of the youth related programs in the City. Ms. Wolf expressed appreciation to the Council for their support and advised that Teen Court participants would have attended the Council meeting but they were holding Teen Court hearings for citations at the Municipal Court building. 2. Presentation of Proclamation for Lake Worth Sailing Club Month Council Member Burdette presented a Proclamation for Lake Worth Sailing Club Month to Commodore Larry Sallee, Vice Commodore Dean Hill and Treasurer Gordon Kayser. He stated that since 1935, the Lake Worth Sailing Club had provided affordable sailing and social recreation for Fort Worth families. He also stated that for over 75 years, the Lake Worth Sailing Club had taught small boat sailing to both adults and children and added that they held races every Sunday. He also pointed out that they provided a colorful float at the "Parade of Lights" for the citizens of Fort Worth to enjoy each year during the holiday season. He advised that the Lake Worth Sailing Club was a prominent, registered Catalina 22 fleet that hosted the Catalina 22 Region 8 Championships every May and was a registered Sunfish fleet that hosted a regional regatta in late summer. He also advised that the Lake Worth Sailing Club, in conjunction with the City of Fort Worth, would continue to promote and preserve Lake Worth for future generations. Commodore Sallee expressed appreciation to the Council for the Proclamation and support of Lake Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 11 of 29 City Secretary Hendrix advised that the Council would move down the agenda and consider Mayor and Council Communication No. C -24255 at this time. 3. M &C C -24255 - Authorize a Substantial Amendment to the City's 2006 -2007 and 2007 -2008 Action Plans; Authorize a Change in Use and Expenditure of $61,075.00 of HOME Investment Partnerships Program Grant Funds to Tarrant County Samaritan Housing, Inc., in the Form of a Loan for Community Housing Development Organization Predevelopment Costs Related to a Proposed Permanent Supportive Housing Project to be Known as the Villages at Vickery to be Located at the Intersection of Horne Street and West Vickery Boulevard; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment with Tarrant Samaritan Housing, Inc., for a 12 Month Loan Term that Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract with Tarrant County Samaritan Housing, Inc., for $61,075.00 for Predevelopment Expenses Related to the Proposed Project for a 12 Month Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to Six (6) Months if Tarrant County Samaritan Housing, Inc., Requests an Extension and Such Extension is Necessary for Completion of the Predevelopment Activities; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract, if Necessary to Achieve Project Goals, Provided the Amendment is Within the Scope of the Project and in Compliance with All Applicable Laws and Regulations Governing Use of Federal Grant Funds. The following individuals appeared before Council in opposition to Mayor and Council Communication No. C -24255 and stated the residents of Como wished to keep the area residential. They further stated that they did not have anything against The Samaritan House or the individuals who received assistance, but they did not want the establishment located in their community and did not feel it was appropriate in a residential area. They also pointed out that many of the individuals who stated they were representing Como and speaking on behalf of the residents did not live in Como and did not have the right to state their representation of the area. They expressed appreciation to the Council for their support of the concerned citizens and requested the Council deny this request. Ms. Exie Walker, 5132 Goodman Ms. Willie Westbrook, 5617 Houghton Avenue Mr. George Barnes, 5310 Helmick Avenue Council Member Burdette advised that there had been many meetings and discussions related to this item and that there had been overwhelming opposition. He further advised that the developer stated they did not want to bring the establishment into a community where they would not be fully supported and could not easily interact within the community. He stated the applicant had withdrawn the item and the issue was over. He added that he would make a motion to deny this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 12 of 29 (C -24255 Continued) Mayor Moncrief expressed appreciation to Council Member Burdette for his commitment to the citizens of Como. He also expressed appreciation to the citizens for their attendance at the Council meeting and their community involvement. He added that the City would continue to support the Samaritan House and their committment to fight homelessness. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24255 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief recessed the meeting at 7:40 p.m. Mayor Moncrief reconvened the meeting at 7:48 p.m. City Secretary Hendrix advised that the Council would move back up the agenda to Item X. Announcements by City Council Members and Staff. 1. Upcoming and Recent Events Council Member Burns advised that the Mobile Recreation Summer Day Camp, which was established by Fernando and Roberta Florez, was in need of monetary donations. He advised that the seven (7) week program was funded through charitable donations and Historic Southside, Inc., and served over 700 children in the area, ages 5 -14, during the summer break from school. He stated those who wished to donate could contact the District 9 Office at 817 - 392 -8809 or his cell phone at 817 - 209 -5555. Council Member Burdette announced that the USS Fort Worth would be christened in December 2010 and stated that the keel was laid for the ship in November 2009 in Marinette, Wisconsin. He stated that Congresswoman Kay Granger headed a long campaign to have the ship named for the 17th largest city in the nation. He added the literal combat ship (LC -3) was a new type of ship and would be commissioned by the Navy in July 2012 and would remain in commission for approximately 40 years. He advised that the USS Fort Worth Committee and numerous subcommittees had been established which would lend support to the ship's crew and families of the crew. He encouraged those who wished to become involved with any of the committees to contact the District 7 Office at 817 - 392 -8807. He also announced that the Indy Car Races, one (1) of three (3) major races held at Texas Motor Speedway, took place on June 5, 2010, and stated it was a successful event with approximately 150,000 attendees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 13 of 29 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Hicks recognized Professor Marshall Hobbs and his students from Tarrant County College, South Campus, who were attending the meeting to learn more about local government. She also advised that she visited the Day Resource Center for the Homeless and stated the facility had increased the number of social workers from one (1) to six (6) and added that the staff was doing excellent work. She also requested the Council meeting be adjourned in memory of Mr. Jesse Charles Kemp, Jr., a City Zoning Commissioner and community volunteer, who recently passed away after battling cancer. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL There were no changes on boards or commissions. There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTIONS 1. A Resolution of the Cities of Dallas and Fort Worth, Texas, Authorizing the Issuance of Dallas/Fort Worth International Airport Joint Revenue Refunding Bonds Upon the Occurrence of Certain Conditions; Authorizing and Directing the Filing of Ruling Request with the Internal Revenue Service; and Other Matters Related Thereto. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss that Resolution No. 3890 -06 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 14 of 29 XIV. REPORT OF THE CITY MANAGER B. General ........... ...................... ................................. and Within 300 Feet of Harvest Outreach Church Located at 3407 North Hampton Street. (Continued from Mal 4,2010) (PUBLIC HEARING) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. RgR2LL2LLjL_aLaff Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. Christine Gonzalez, 6950 Chase Ridge Trail, completed a speaker card in support of Mayor and Council Communication No. G- 16913, but did not wish to address the Council. e. Council Action Council Member Espino advised he had met with area residents and leaders of the nearby church and no opposition was received. He stated would make a motion to approve this item and clarified that the variance would stay with the operator of the restaurant. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and that Mayor and Council Communication No. G-16913 be approved with the stipulation that the variance stayed with the operator of the restaurant. The motion carried unanimously nine (9) ayes to zero (0) nays. ............. W W, MMIMmlra,um,KuwlmniEL4,wlm�mmirs'L'=,M=lm,'I - Feet from a Protected Use. (PUBLIC H Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 15 of 29 (G -16921 Continued) (Council Member Jordan left his place at the dais.) a. BgR2Lt of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Ms. Mercedes Bolen, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council and provided an overview of the waiver request. Council Member Burdette requested clarification from staff on what the term "grandfathered" meant on this item. Ms. Susan Alanis, Director, Planning and Development Department, clarified that properties acquired under the premise of the old ordinance could be grandfathered, which meant those properties would adhere to distance requirements of the previous ordinance. Council Member Moss requested clarification of how long the sound barriers would be in place; if the sounds barriers would be placed inside or outside the masonry wall and why the route for the large trucks was chosen in the already very congested area along Loop 820. Ms. Bolen clarified that the sound barriers would be placed inside the masonry wall and would remain in place for approximately 90 days during operation. She also clarified that the route chosen would dissipate traffic traveling in either direction to access Interstate 30 or Loop 820 and added that alternate routes had been considered. b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication No. G -16921 and stated that the majority of the Ryanwood Neighborhood Association was in favor of drilling and looked forward to receiving royalties from the leasing of their minerals. They further stated that Chesapeake Energy had been a good neighbor and had contributed funds to the area parks and to neighborhood activities. They also advised that the access to and from the drilling site was a good strategic plan and was less intrusive than the alternatives. Ms. Alyce Boyd, 7248 Ellis Road Mr. Glen Pense, 7204, 7208, and 7209 Ellis Road Mr. Richard Tyler, 1921 Shulman Trail Ms. Diane Reid, 7258 Meadowlane Court Mr. Damon Dockstader, 304 Cedar Creek Court CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 16 of 29 (G -16921 Continued) Mr. L.G. Cornish, Jr. completed a speaker card in support of Mayor and Council Communication No. G- 16921, but did not wish to address the Council. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -16921 and stated that gas drilling safety and air quality was a city -wide issue and should be considered before allowing drilling anywhere in the City. They stated that the Council did not have the citizen's best interest in mind. They also referenced property at 2401 Handley Ederville Road which bordered the proposed pad site and stated this was planned for residential development and approval of this item would cause the developers to lose their investment because the property would not be able to be developed as residential. They requested Chesapeake purchase the property from the developers and convert it to park land after the drilling had ceased. They also advised that the proposed pad site did not meet the requirements to be grandfathered. They addressed safety and quality of life issues associated with drilling and the close proximity to protected uses and stated the Harmony Park Neighborhood Association was strongly opposed to the site. They referenced the gas line explosion in Johnson County and stated that tragedy could have been much worse had it happened in a high density residential area. They also advised that the intersection of Brentwood Stair Road and Handley Drive was dangerous and could not accommodate the trucks traveling to and from the site. They stated that even though some of the speakers were in opposition to this item and some had signed leases with Chesapeake Energy, they felt they were deceived by both Chesapeake and Dale Resources. They requested the Council deny this request. Mr. Fernando Florez, 2740 Hemphill Street (He also expressed appreciation to Council Member Burns for his comments on the Mobile Recreation Summer Day Camp.) Mr. Curtis J. Green, 2401 Handley Ederville Road Mr. Jim Ashford, 6209 Riverview Circle (presented an overhead slide of verbiage entitled Sec. 15 -34 Gas Well Permit Required) Dr. Tim Morton, representing the Fort Worth Business Association, 1501 Handley Drive Ms. Esther McElfish, 7112 Martha Lane (provided a letter from Christie Lemon clarifying neighborhood boundaries; a letter of opposition from Harmony Neighborhood Association; and maps of Ryanwood and Harmony Neighborhoods) (She also expressed appreciation to the Police Department for assistance in a fatality traffic accident on University Drive) Mr. Chris Neal, 6620 Armstrong Court, Colleyville, Texas 76034 (provided copy of email sent to Council Members stating his opposition to this item) Mayor Pro tem Scarth advised that he had worked for a number of months with both Chesapeake Energy and the area neighborhood associations and various locations had been considered. He stated he would support this item because the majority of homeowners in the area were in support of this drilling and should have the right to lease their minerals. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 17 of 29 (G -16921 Continued) Council Member Moss expressed appreciation to Chesapeake Energy for their work related to this site and stated he was very concerned about the traffic congestion on Brentwood Stair Road and Handley Ederville Road, as well as the sound mitigation and the time period that the barriers would be in place. Council Member Burdette stated the City had a drilling ordinance in place to address a number of issues and that the ordinance had been amended at least twice. He further stated that if a gas drilling company applied for a permit and had met all of the requirements, then the permit would not come before Council. He added that none of the reasons stated by citizens regarding why the well should not be drilled pertained to the issue on the agenda, which dealt with close proximity to protected uses. He stated that over 80 percent of the affected properties were in support of this waiver and added he would support the citizens leasing their minerals. Ms. Alanis clarified that the City was not required to notify the property owners at 2401 Handley Ederville Road because it was not considered a protected use. Council Member Scarth advised that this pad site was being considered for a long time and notification had been sent to all appropriate individuals and all of the tools were in place to protect the property owners and that he would support moving forward with this item. Mayor Moncrief and Council Members Hicks and Zimmerman advised that they shared the concerns of Council Member Moss and requested the item be delayed to allow for discussion of the many concerns and issues with this item. c. Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -16921 be continued until the June 22, 2010, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, and (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 3. MSC G -16949 - Authorize th City Manager to Initiate Zoning Changes of Certain r erties in the Trinitv Ur)town Core a Peripheral es, in Accordance with the Comprehensive Plan. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G -16949 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 18 of 29 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 19 of 29 (G -16953 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -16953 be approved and Ordinance No. 19175 -06 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. I I (PUBLIC Less Than 600 Feet from Protected Uses. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had 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.) a. Rer)ort of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Ms. Mercedes Bolen, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council and provided an overview of the waiver request. b. Citizen Presentations Mr. Fernando Florez, 2740 Hemphill Street, appeared before Council in opposition to Mayor and Council Communication No. G -16954 and stated that gas drilling safety and air quality was a city -wide issue and should be considered before allowing drilling anywhere in the City. He also referenced air quality studies performed by the Texas Commission on Environmental Quality and stated that the new information should be considered before allowing any drilling in the City. c. Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. G -16954 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, and one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 20 of 29 C. Purchase . . ...... ... .................................................................... . ................................ Usin2 Houston-Galveston Area Council Cooperative Contract No. VE3-06 with Crime Control and Prevention District Funds for a Total Amount of $115,573.85, be Withdrawn from Consideration. (Continued from May 18, 2010) (Council Member Espino left his place at the dais.) , I I 'I"I's 1'� .......................... ................................ .... ....... .... , ul"UtIA110311411-MAIM0141", 141JIMMAIA .......................................... awmwmmxamx,=�� Services Contract No. 072-01 Usin2 Crime Control and Prevention District Funds for a Total Amount of $100,461.20. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. P-11131 (Revised) be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. low, CenterView Software for Licenses, Maintenance and Related Services Using General Services Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P-11134 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. F. Award of Contract Xn Saltwater Pipeline Across First Street, East of Haltom Road for a One (1) Time License Fee $6,854.00. 1 Council Member Jordan 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: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-24253 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, and one (1) abstention by Council Member Jordan, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 21 of 29 .... ,,,,,,,, ,,,,,,,,, ,,,,,,, ,,,,, ,,,,,,,,,,, , WMIR"N"IFIRM M01111111 I Fill I! Time License Fee of $87,492.00. Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24254 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Located at 850 Irma Street. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24256 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Espino returned to his place at the dais.) Ed K. Collett Park. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24257 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24258 be approved with appreciation to the Parks and Community Services Department and Appropriation Ordinance No. 19176 -06- 2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 22 of 29 XV. PUBLIC HEARING .................. ............... ......................... 006 8800 Block of B Roa ) Mayor Moncrief opened the pubic hearing and asked if there was anyone present desiring to be heard. a. BgR2LL2LLjL_aLaff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There were no citizen presentations. Motion: Council Member Burdette made a motion, seconded by Council Member Espino that the public hearing be closed. The motion carried unanimously nine (9) ayes to (0) nays. IM Road. (AX-10-002 Avondale-Haslet Road) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. BgR2LL2LLjL_aLaff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments The following individuals appeared before Council in opposition to the annexation and stated all property owners in the area were opposed to this annexation. They stated that the City wanted to annex this land because they needed the money to fund the budget gap. They added that the new road built by Tarrant County was a welcome addition and was the best road in the County. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 23 of 29 (b. Citizen Comments - AX -10 -002 Continued) Mr. Campbell also advised that flooding had occurred on his property and in the area after a three (3) inch rain due to development of property that had been recently annexed by the City. He advised that he had placed two (2) 12 -inch drains to accommodate the flooding and that the County was not providing any assistance due to the possible annexation by the City. Ms. Shirley Campbell, 1241 Boaz Road, Haslet, Texas 76052 Mr. Jimmie Campbell, 1241 Boaz Road, Haslet, Texas 76052 (handout of photographs of flooding on property) Mr. James Jordan, 1321 Avondale Haslet Road, Haslet, Texas 76052 Motion: Council Member Burdette made a motion, seconded by Council Member Hicks that the public hearing be closed. The motion carried unanimously nine (9) ayes to (0) nays. Decatur (AX-10-003 Old Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments Mr. Bill Vosberg, 1660 Staree Lane, appeared before Council in opposition to the annexation and stated he had previously submitted petitions in opposition to the annexation of area 29. He advised that all properties in the area had their own septic system and water wells and did not wish to use City services or be annexed. He requested that Council remove area 29 from any plans for annexation. Motion: Council Member Hicks made a motion, seconded by Council Member Burdette that the public hearing be closed. The motion carried unanimously nine (9) ayes to (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 24 of 29 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 May 24, 2010. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ............................................................................................. to "E" Ne�g 44oir4pod Commercial and "PD/E" Planned Iftypj9pMeta for All Uses in "E" Nei2hborhood Commercial Plus Auto Renair; Site Plan Waiv Recommended. (Recommended for Approval) (Council Member Moss left his place at the dais.) Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-133C be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. MgMI'l, Im 9507 and 9509 Santa Clara Drive from "A-5" One-Familv to "I" Li2ht Industriall (Recommended for Denial without_Er ±judicej Mr. Gary Hogan, 2117 Rolling Creek Run, appeared before Council in opposition to Zoning Docket No. ZC-10-037 and stated the proposed "I" Light Industrial zoning was not appropriate in a residential area and requested this item be denied. Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-10-037 be continued until the June 22, 2010, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ............... I Plan for Prqp9se0..TeN4s,.1 PP;WMPW. of Criminal Justice Fort Worth Ditstric�tfarole Offidl (Recommended for Approval) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Zoning Docket No. SP-10-003 be continued until July 13, 2010, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 25 of 29 4. Zoning Do ket No. ZC-10-057 - _Lafa_ Properties LLC , 3320 NE 28th Street from "E" Neighborhood Commercial to "FR" General Commercial Restricted. (Recommended for A royal Mr. Emad Saadalea, 3320 N.E. 28th Street, completed a speaker card in support of Zoning Docket No. ZC-10-057, but did not wish to address the Council. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-10-057 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ... ....... ........ .. from "M" To-,nhouse/Cluster to "UR" Urban Residential. (Recommended for ApDrovall Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-10-062 be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. (Council Member Moss returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 26 of 29 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 27 of 29 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 28 of 29 (ZC -10 -085 Continued) ORDINANCE NO. 19177 -06 -2010 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 nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING June 8, 2010 PAGE 29 of 29 XVH. CITIZEN PRESENTATIONS 1. Mr. Don Brandon, P. O. Box 1155, Text, Photo, Cell Phone Service for Code Violations Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated he was only providing information on Code Compliance violations related to places, not people. He encouraged the City to accept Code Compliance violations via text messages with cell phone photographs. He stated this was a good idea because the Code Compliance Officer could receive the photograph, address and description immediately and be better informed about the violation. He also provided a photograph of a bride taken at the downtown post office and stated it would be a great location for City Hall but stated it had a dark side which he would reveal at a later date. He stated the issues with The T senior bus drivers had to stop and the City needed to step in and take action. He also delivered a drain cap that was placed at Downtown Storage when the building was removed and stated the City was wasting taxpayer's dollars and that the drain cap could be used at another site. He further advised that Target had picked up approximately 25 shopping carts that were left on the vacant property which were worth approximately $3,000.00. He also referenced a workshop that he was preparing which would be completed in two (2) weeks. XIX. ADJOURNMENT There being no further business, the meeting was adjourned at 9:58 p.m. in memory of Jesse Charles Kemp, Jr., a former Zoning Commissioner and community volunteer who passed away recently and in honor of Mr. John Grammer, who was a three (3) time recipient of the Purple Heart and who was gravely ill and a dear friend of Mayor Moncrief's family. These minutes approved by the Fort Worth City Council on the 15`" day of June, 2010. Attest: Marty drix City Secretary