HomeMy WebLinkAbout2010/07/20-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 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
Absent
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 10:25 a.m. on Tuesday, July 20, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Member Burns absent.
IL INVOCATION m Reverend Roosevelt Bawl►, St. Mark Cumberland
The invocation was provided by Reverend Roosevelt Baugh, St. Mark Cumberland.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
Mayor Moncrief requested a moment of silence for Firefighter Mark Puente and Police Officer Richard
Lambing and their families. He advised that Firefighter Puente, who was injured in an off -duty
accident and Officer Lambing, who was injured while in pursuit of a suspect, remained in critical
condition at John Peter Smith Hospital.
Mayor Moncrief advised that several presentations would be moved up on the agenda in the interest of
time and space in the Council Chamber.
Mayor Moncrief advised that the Council would move down the agenda to Item IX. Special
Presentations, Introductions, etc. Item No. 1, Presentation of Proclamation for TCU Coach Gary
Patterson, Coaching Staff and Football Team Day.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 2 of 24
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of Proclamation for TCU Coach ary Patterson, Coaching St If and t o
Tearia Day
Mayor Moncrief presented a Proclamation for Texas Christian University's (TCU) Coach Gary
Patterson, Coaching Staff and Football Team Day to Gary Patterson, Head Coach, TCU Football
Team. He stated that Patterson was a "rising star" in the world of college football as a coach who
dedicated his life to the betterment of his players both on and off the field. He further stated that under
Coach Patterson's guidance, this season's TCU football team marked its first perfect 12 -0 regular
season since the 1938 national championship team went 10 -0. He pointed out that for the past ten
years, Coach Patterson and his coaching staff had worked tirelessly to honor the team's motto, "Don't
Back Down" which led to TCU's first ever BCS Bowl game and their 25th overall bowl appearance. He
added that in 2009, Coach Patterson, his coaching staff and players had represented Fort Worth
proudly through their strength of mind, body and character. He also stated that the City would "go
purple" again for the 2010 football season and show support by wearing purple on all home game
Fridays.
Coach Patterson expressed appreciation to the Mayor and Council, staff, business owners, and citizens,
for the recognition and for supporting the TCU Horned Frogs during the football season. He stated that
his team and staff looked forward to the 2010 season.
Mayor Moncrief advised that the Council would move down the agenda to Item XII. Presentations
and /or Communications from Boards, Commissions, and /or City Council Committees, Item No. 1,
Presentation of Directions Home Program Year I Evaluation Report from the Mayor's Advisory
Commission on Homelessness.
XIL PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND /OR CITY COUNCIL COMMITTEES
1. Presentation of Directions Home Program Year I Evaluation e rt from the aY is
Advisory Commission on Homelessness
Mayor Moncrief stated when this Commission was launched it did not stop until it had a
comprehensive, workable plan to end chronic homelessness in the City. He further stated that when the
City Council adopted the Directions Home program as their plan to end homelessness, they began
working feverously from the beginning. He pointed out that when the partner agencies, case managers
and job specialists hit bumps in the road, they did not stop but continued to work tirelessly. He stated
most importantly, when the individuals and families who moved into Directions Home apartments
encountered tough times, obstacles and temptations to throw up their hands and quit, they did not stop.
He stated that they continued to work to make the necessary life changes for a better future. He pointed
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REGULAR CITY COUNCIL MEETING
JULY 20, 2010
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(XII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND /OR CITY COUNCIL COMMITTEES Continued)
out that this was what made Fort Worth the greatest City in which to live. He advised that the City
must continue to make progress until the commitment to make homelessness rare, short-term and non-
recurring in this City has been fulfilled. He reminded everyone when the Tarrant County Homeless
Coalition kicked off the door key distribution, Ms. Cindy Crain, Executive Director, Tarrant County
Homeless Coalition; brought a vase into the Council Chamber filled with 200 keys and she extracted a
promise. He stated that she requested when Directions Home had housed 200 homeless individuals,
then the Mayor would fill up the empty vase with yellow roses for Ms. Susan Cockrell, Housing
Administrator, Fort Worth Housing Authority, and her team, who processed each application. Mayor
Moncrief then presented yellow roses to Ms. Cockrell as a token of the City's appreciation for her
dedication to end chronic homelessness.
Reverend Melinda Veatch, Member of Mayor's Advisory Commission on Homelessness, presented the
Mayor and Council with copies of the Directions Home program Year I Evaluation Report from the
Mayor's Advisory Commission on Homelessness and provided an overview of the program's progress
over the past year.
Ms. Crain presented the commemorative 200th key to the Mayor and Council and recounted stories of
individuals assisted by the Directions Home program. She also recognized Mr. Mark Wayne Otis
Thornton, Human Services Manager, Housing and Economic Development Department, for his
dedication to end chronic homelessness.
The following individuals appeared before Council in support of full funding for the Directions Home
Program. They stated that 200 individuals had been given housing and their lives had been changed by
the Directions Home program. Several individuals who were previously homeless and had received
housing and assistance from the program recounted their life changing experiences and expressed
appreciation to the Mayor and Council and all of the Directions Home supporters, who worked
together to end chronic homelessness.
Ms. Taura Harry, 8701 Las Vegas Court, Apt. No. 3522 (assisted by Directions Home)
Ms. Sherry Smith, 212 The Heights Lane, Apt. No. 212H (assisted by Directions Home)
Ms. Susan Cockrell, Housing Administrator, Fort Worth Housing Authority, 5104 Bonneville Drive,
Arlington, Texas, 76016
Ms. Vanessa Vaughter, 2717 Coventry Lane, Carrollton, Texas, 75007
Mr. James Tapscott, 2530B Merrick Street (assisted by Directions Home)
Ms. Becky Sherr, 10252 Aurora Drive
Mr. Steve Dutton, representing Samaritan House, 929 Hemphill
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REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 4 of 24
(XII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND /OR CITY COUNCIL COMMITTEES Continued)
Mayor Moncrief expressed appreciation to everyone who attended the meeting and supported the effort
to end chronic homelessness. He also expressed appreciation to the individuals who were assisted by
Directions Home for sharing their inspiring stories. He pointed out that this year was the toughest
budget he had ever seen and many changes would have to be made to close the budget gap. He stated
that the Directions Home program would likely be funded, but he was unsure about the level of
funding.
Mayor Moncrief advised that the Council would move up the agenda to Item IX. Special Presentations,
Introductions, etc. Item No. 3, Presentation by Kids Who Care.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
3. Presentation by Kids Who Care
Ms. Kathryn Albright, Founder, Kids Who Care, introduced the international delegation of chaperones
that represented Albania, Italy, and Israel. She stated the Kids Who Care program produced confident
and creative kids through musical theatre education and performance. She further stated that the
KidPower Leadership Team would perform a song for the Council.
Mayor Moncrief expressed appreciation to members of the KidPower Leadership Team that attended
and performed at the meeting. He stated that they were the future leaders of this country and the
respective countries that they represented.
City Secretary Hendrix advised that the Council would move up the agenda to Item IX. Special
Presentations, Introductions, etc. Item No. 2, Presentation of Proclamation for Texas College of
Osteopathic Medicine Day.
2. Presentation of Proclamation for Texas College of Osteopathic Medicine Day
Council Member Burdette presented the Proclamation for Texas College of Osteopathic Medicine Day
to Dr. Scott R. Ransom, DO, MBA, MPH, President, University of North Texas Health Science Center
and Dr. Don N. Peska, DO, MEd, FACOS, Professor of Surgery and Dean of the Texas College of
Osteopathic Medicine. He stated the Texas College of Osteopathic Medicine (TCOM) was celebrating
40 years of service and excellence in medical education and training and in 1970 accepted its first 18
students, who received their Doctorate of Osteopathy (D.O.) degrees. He further stated that in addition
to its applications -based medical school curriculum, cutting -edge research, quality patient care and
outstanding student performance in both academic and clinical studies, over the past four (4) decades,
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(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
TCOM had grown through exploring and teaching the promotion of good health in the practice of
medicine, not just the treatment of disease, making it unique among Texas' nine (9) medical schools.
He advised that TCOM had over 3,200 graduates and pointed out that 65 percent were practicing
primary care medicine (family practice, general internal medicine, pediatrics, obstetrics and
gynecology) which helped reduce the shortage of physicians in Texas communities. He further advised
that in 1993, with the establishment of the Graduate School of Biomedical Sciences, later named the
University of North Texas Health Science Center at Fort Worth, TCOM now also consisted of the
School of Public Health and the School of Health Professions. He added that as TCOM entered its 41"
year of being recognized as a top 20 medical school for primary care in the United States, it was
looking ahead and functioned as a significant economic engine and contributed over $400 million
annually to the North Texas region, while continuing to serve its community by managing over
600,000 patient visits per year.
Dr. Ransom expressed appreciation to the Mayor and Council for the recognition and support and
stated that TCOM had received numerous "Best in Texas" rankings among the many categories.
Mayor Moncrief and Council Members Hicks and Jordan stated they were proud of the TCOM
leadership and were blessed to have this important college in the City.
City Secretary Hendrix advised that the Council would move up the agenda to Item IV. Consideration
of Minutes of Regular Meeting of July 13, 2010, and would continue with the remaining agenda items
in their respective order.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 13, gala
Council Member Jordan made the following correction to the July 13, 2010, City Council minutes and
stated that Council Member Burdette made the motion to approve Mayor and Communication No. L-
15005 and he abstained from voting on that item.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette that the
minutes of the regular meeting of July 13, 2010, be approved as corrected. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication No. C -24355 be continued
until the August 10, 2010, Council meeting.
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REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 6 of 24
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth 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 Council Member Burns absent.
A. General - Consent Items
1. M &C G -16985 - Considering and Adopting the Findings of the Ground Transportation
Coordinator: the Public Necessity and Convenience Require the Operation of Four (4)
Limousines Upon the City Streets, Alleys and Thoroughfares; Alberton's Limousine, Inc., is
Qualified and Financially Able to Conduct a Limousine Service Within the City; Alberton's
Limousine, Inc., has Complied with the Requirements of Chapter 34 of the City Code;
Alberton's Limousine, Inc., Presented Facts in Support of Compelling Demand and Necessity for
Four (4) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the
Addition of Four (4) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting
Ordinance No. 19229 -07 -2010 Granting the Privilege of Operating Authority to Alberton's
Limousine, 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 Four (4) 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 Alberton's Limousine, Inc., and
Conditioned on Alberton's Limousine, Inc., Complying with All Requirements of Chapter 34,
Article VI, of the Code of the City of Fort Worth (1986), as Amended.
2. M &C G -16986 - Considering and Adopting the Findings of the Ground Transportation
Coordinator: the Public Necessity and Convenience Require the Operation of Three (3) Pedicabs
Upon the City Streets, Alleys and Thoroughfares; Go Green Taxi, LLC, is Qualified and
Financially Able to Conduct a Limousine Service Within the City; Go Green Taxi, LLC, has
Complied with the Requirements of Chapter 34 of the City Code; Go Green Taxi, LLC,
Presented Facts in Support of Compelling Demand and Necessity for Three (3) Pedicabs; the
General Welfare of the Citizens of the City Will Best be Served by the Addition of Three (3)
Pedicabs Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19230 -07-
2010 Granting the Privilege of Operating Authority to Go Green Taxi, 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 Three (3) Pedicabs, for a Three (3) Year Period
Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing
for Written Acceptance by Go Green Taxi, LLC, and Conditioned on Go Green Taxi, LLC,
Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort
Worth (1986), as Amended.
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REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 7 of 24
(VII. CONSENT AGENDA Continued)
3. M &C G -16987 - Considering and Adopting the Findings of the Ground Transportation
Coordinator: the Public Necessity and Convenience Require the Operation of Two (2) Pedicabs
Upon the City Streets, Alleys and Thoroughfares; Panther City Pedicabs, LLC, is Qualified and
Financially Able to Conduct a Limousine Service Within the City; Panther City Pedicabs, LLC,
has Complied with the Requirements of Chapter 34 of the City Code; Panther City Pedicabs,
LLC, Presented Facts in Support of Compelling Demand and Necessity for Two (2) Pedicabs;
the General Welfare of the Citizens of the City Will Best be Served by the Addition of Two (2)
Pedicabs Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19231 -07-
2010 Granting the Privilege of Operating Authority to Panther City Pedicabs, 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) Pedicabs, for a Three (3) Year Period
Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing
for Written Acceptance by Panther City Pedicabs, LLC, and Conditioned on Panther City
Pedicabs, LLC, Complying with All Requirements of Chapter 34, Article VI, of the Code of the
City of Fort Worth (1986), as Amended.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11151 - Authorizing Purchase of Two (2) 8,000 Gallon Caustic Tanks and Two (2)
8,000 Gallon Fluoride Tanks from Augusta Fiberglass for the Water Department with a Total
Cost of $78,178.00.
2. M &C P -11152 - Authorizing Purchase Agreements with HD Supply Waterworks and
National Wholesale Supply for Polyvinyl Chloride Sewer Fittings for the Water Department for
an Initial Total Amount of $80,000.00.
3. M &C P -11153 - Authorizing a Purchase Agreement with Municipal Water Works for the
Water Department for Concrete Manhole Sections for an Initial Amount of $54,000.00.
4. M &C P -11154 - Authorize a Sole Source Purchase Agreement with EGW Utilities, Inc., for
Itron Leak Detection System Replacement Parts, Repair Services and Training for the Water
Department for an Initial Amount of $75,000.00.
5. M &C P -11155 - Authorizing a Sole Source Purchase of an Upgrade to the Irrigation System
at the Meadowbrook Golf Course from Professional Turf Products Using Municipal Golf Fund
Bond Funds for a Total Amount of $97,822.09.
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REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 8 of 24
(VII. CONSENT AGENDA Continued)
6. M &C P -11156 - Authorizing a Purchase Agreement with the Fort Worth Star - Telegram for the
Publication of Official City Notices for an Initial Amount of $172,740.00 and Recognize the Fort
Worth Star - Telegram as the City of Fort Worth's Official Newspaper.
C. Land - Consent Items
1. M &C L -15015 - Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 5828
Wilkes Drive, Described as Lot 18, Block 6, Wilkes Estate Addition, Fort Worth Texas, to
Quicksilver Resources, Inc., in Accordance with Section 34.05 of the Texas Tax Code for a Sales
Price of $9,277.08; and Authorizing the City Manager, or His Designee, to Execute and Record
the Appropriate Instruments Conveying the Property to Complete the Sale.
2. M &C L -15016 - Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 611
Woodrow Avenue, Described as Lot 45, Essex Place Addition, Fort Worth, Texas, to Israel
Stackpole, in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of
$19,087.12; and Authorizing the City Manager, or His Designee, to Execute and Record the
Appropriate Instruments Conveying the Property to Complete the Sale.
E. Award of Contract - Consent Items
1. M &C C -24345 - Authorizing the City Manager to Execute a Communications Systems
Agreement with WFAA Channel 8 for Participation in the City of Fort Worth's Two -Way Public
Safety Radio System in Which WFAA Channel 8 Will Reimburse its Share of Operations and
Maintenance to Ensure No Cost to the City of Fort Worth with the Fiscal Year 2010
Reimbursement Estimated to be Approximately $1,200.00.
2. M &C C -24346 - Authorizing Rejection of the Proposal Received for Unemployment
Compensation Administration Due to High Prices and Authorizing the Issuance of New Request
for Proposals.
3. M &C C -24347 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $117,486.75 to City Secretary Contract No. 35298 with Trinity Engineering Testing
Corporation, d /b /a Meinfelder for Geo- technical and Construction Material Testing Services for
Various Construction Projects, Thereby Increasing the Total Contract Amount to $342,486.75.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 9 of 24
(VII. CONSENT AGENDA Continued)
4. M &C C -24348 - Ratifying the Application for the Fiscal Year 2011 Coverdell Forensic
Sciences Improvement Grant from the State of Texas Office of the Governor, Criminal Justice
Division, in the Amount of $90,000.00; Authorizing the City Manager to Accept, Reject, Alter,
or Terminate, if Awarded, the Fiscal Year 2011 Coverdell Forensic Sciences Improvement
Grant; Authorizing the City Manager to Execute a Contract in Connection with the Acceptance
of the Grant, if Awarded; Adopting Resolution No. 3901 -07 -2010 Authorizing the Application for
and Acceptance of the Grant Funds and Making Assurances Required by the Criminal Justice
Division of the Governor's Office; and Adopting Appropriation Ordinance No. 19232 -07 -2010
Increasing the Estimated Receipts and Appropriations in the Grants Fund Subject to Receipt of
the Grant from the State of Texas Office of the Governor, Criminal Justice Division, for the
Purpose of Purchasing an Automated Fingerprinting Identification System Machine for the
Crime Laboratory.
5. M &C C -24349 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $39,035.89 to City Secretary Contract No. 39071 with S.H.U.C., Inc., for Water and Sanitary
Sewer Replacements Contract 2006, WSM -B, on Ava Court Drive, Gunnison Trail, Pecos Street
and North Tarrant Parkway, Thereby Increasing the Contract Amount to $696,574.76.
6. M &C C -24350 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $106,730.00 to City Secretary Contract No. 38708 with S.J. Louis Construction of Texas, Ltd.,
for 36 -Inch Water Main Extension Along Trinity Railway Express Right -of -Way from Tarrant
Main Street to the State Highway 360 /Trinity Boulevard Intersection, Thereby Increasing the
Contract Amount to $3,356,175.00.
7. M &C C -24351 - Authorizing the City Manager to Execute Change Order No. 1 in the Amount
of $97,546.50 to City Secretary Contract No. 39118 with Burnsco Construction, Inc., for Sanitary
Sewer Rehabilitation, Contract LXVI (66), on the Alleyway Between Hulen Street and Western
Street from Washburn Avenue to Crestline Road, Thereby Increasing the Contract Amount to
$1,231,846.50.
8. M &C C -24352 - Authorizing the City Manager to Execute a Construction Contract in the
Amount of $414,203.00 with William J. Schultz, Inc., d \b \a Circle "C" Construction Company to
Construct the Westside Water Treatment Plant Sanitary Sewer Line Project, Located at 12200
Old Weatherford Road Connecting the Westside Water Treatment Plant to the Existing Sewer
Collection System.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 10 of 24
(VII. CONSENT AGENDA Continued)
9. M &C C -24353 - Authorizing the City Manager to Transfer $515,928.00 from the Water and
Sewer Fund to the Sewer Capital Project Fund; Adopting Appropriation Ordinance No. 19233-
07 -2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects
Fund From Available Funds, for the Purpose of Providing Funding to Update the Wastewater
System Master Plan Citywide; and Authorizing the City Manager to Execute Amendment No. 2
in the Amount to City Secretary Contract No. 37548 with Freese and Nichols, Inc., Increasing
the Total Fee to $3,849,548.00.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1777 - Notice of Claims for Alleged Damages and /or Injuries
2.00S - 1778 - Liability Bonds Approval
End of Consent Agenda
1. Upcoming and Recent Events
Council Member Moss announced that District 5 would host a Community Development Clinic for
Stop Six area residents on July 24, 2010, from 10:00 a.m. to 2:00 p.m. at the Tarrant County College
Opportunity Center, located at 5901 Fitzhugh Avenue. He stated that the clinic would provide access
to various housing programs that were available to residents and added that individuals would be able
to submit applications for the programs at the clinic. He also stated that the Stop Six Community
celebrated their 114th year as a community on July 18, 2010, at the Center for Stop Six Heritage. He
advised that on July 18, 1896, the late Ms. Amanda Davis purchased a one (1) acre piece of property
for $45.00 and added that members of her family attended the celebration.
Council Member Hicks expressed appreciation to the East Fort Worth Business Association and stated
she attended their annual fundraiser on July 17, 2010. She advised that the event was a great success
and raised funds for various organizations. She also announced that the Fire Station No. 5
Groundbreaking Ceremony was held on July 15, 2010, at 9:00 a.m. at 850 Irma Street and expressed
appreciation to everyone who attended the event. She also advised that the Meals on Wheels
organization was in need of volunteers and encouraged everyone to contact 817 - 258 -6426 or
www.mealsonwheels.org to provide assistance.
CITY OF FORT WORTH, TEXAS
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JULY 20, 2010
PAGE 11 of 24
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
CITY OF FORT WORTH, TEXAS
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JULY 20, 2010
PAGE 12 of 24
XIV. REPORT OF THE CITY MANAGER
B. General
.....................
--0-06-
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. G-16988 be approved and Resolution No. 3903-
07 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 13 of 24
(G -16990 Continued)
Council Member Burdette explained that there was not substantial proof that the evaporated salt water
was harmful and many of the effects were still unknown. He stated the purpose of the Air Quality
Study was to receive answers to many of the questions raised by the citizens.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -16990 be approved and Ordinance No. 19234-
07 -2010 be adopted. The motion carried unanimously eight (7) ayes to zero (0) nays, with
one (1) abstention by Council Member Jordan and Council Member Burns absent.
Council Member Hicks stated the construction of Fire Station No. 42 would benefit many areas in the
City outside of District 8, where the station was located. She expressed appreciation to everyone for
their hard work and support of this project.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G -16991 be approved with appreciation and
Appropriation Ordinance No. 19235 -07 -2010 be adopted. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Burns absent.
5. M &C G -16992 - Conduct a Public Hearing to Receive Public Comment on the City's
Application for an Urban Indoor Recreation Grant from the Texas Parks and Wildlife
Department in the Amount of $1,000,000.00 for Development of the Proposed Far Southwest
Community Center; Authorize the Application for the Grant and Authorize the City Manager to
Accept the Grant if Awarded; and Adopt a Resolution of the City of Fort Worth, Texas,
Designating the Assistant City Manager for Neighborhood Services, Charles W. Daniels, as the
Authorized Official to Act on Behalf of the City of Fort Worth in Dealing with the Texas Parks
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 14 of 24
(G -16992 Continued)
& Wildlife Department for the Purpose of Participating in the Local Park Grant
Program -Urban Indoor Recreation Grant; Certifying that the City of Fort Worth is Eligible to
Receive Program Assistance; Certifying that the City of Fort Worth's Matching Share is Readily
Available; Dedicating the Proposed Site for Permanent Public Park and Recreational Uses; and
Certifying that the Grant Application Shall Be Submitted to the North Central Texas Council of
Governments for the Texas Review and Comment System (TRACS) Review. (PUBLIC
HEARING)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
Mr. Richard Zavala, Director, Parks and Community Service Department, appeared before Council and
provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Council Member Jordan identified that there was a question in Pre - Council meeting and he wanted to
address it briefly. He stated that this park land was acquired in 1998 and the funding was approved in
the 2004 Bond Election for a community center. He added the Crowley Independent School District
had set aside funding for a natatorium; however, due to some financial limitations they have requested
that issue be placed on hold. He explained this agenda item would be to move forward on the
development of this critical 77 -acre park and construction and completion of the community center for
south Fort Worth. He added that the 77 -acre development would benefit the entire City, especially the
southern districts of 3, 6 and 8 in the City which were lacking in community centers. Council Member
Jordan expressed appreciation to City staff for their work on this project.
Mayor Pro tem Scarth stated that in light of the current budget situation and the limitation of operating
hours the existing community centers are facing, City staff should take into consideration the operating
funds associated with the new community center and the additional monetary contributions it would
take in the General Fund to operate this new facility.
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that the
public hearing be closed and Mayor and Council Communication No. G -16992 be approved
with support and appreciation and that Resolution No. 3904 -07 -2010 be adopted. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns
absent.
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C. Purchase of Equipment, Materials, and Services
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JULY 20, 2010
PAGE 16 of 24
(L -15014 Continued)
Ms. Cindi Creswell, 3663 Brookland Avenue
Ms. Esther McElfish, North Central Texas Community Alliance, President, 7112 Martha Lane
c. Council Action
Council Member Jordan requested clarification if the buildings proposed for demolition, located on
North Beach Street, were on park property.
Mayor Pro tem Scarth clarified that the buildings proposed for demolition were on park property.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the
public hearing be closed and Mayor and Council Communication No. L -15014 be approved
with the stipulation that staff designate the $43,728.52 to help facilitate the demolition of
several old buildings which existed on North Beach Street adjacent to the Gateway Park
and to designate $30,000.00 from undesignated 2004 Capital Improvement Program funds
and seek matching funds. The motion carried unanimously eight (8) ayes to zero (0) nays,
with Council Member Burns absent.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e
Mr. David Creek, Assistant Director, Parks and Community Service Department, appeared before
Council and provided a staff report and provided the following correction to Mayor and Council
Communication No. L- 15017: In the caption, 54 -inch Sanitary Sewer Line should be corrected to read
42 -inch Sanitary Sewer Line.
b. Citizen Presentations
There were no citizen presentations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 17 of 24
(L -15017 Continued)
c. Council Action
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the public
hearing be closed and Mayor and Council Communication No. L -15017 be approved as
corrected to reflect a 42 -inch Sanitary Sewer Line. The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Burns absent.
F. Award of Contract
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 18 of 24
(C -24354 Continued)
In the Recommendation Section, Paragraphs 2 and 3, the fund should read Capital Projects Reserve
Fund General Unrestricted Gas Lease Revenue.
Council Member Hicks reiterated the Council's commitment to the Air Quality Study.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. C -24354 be approved as corrected to reflect in the
Recommendation Section, Paragraphs 2 and 3, the fund should read Capital Projects
Reserve Fund General Unrestricted Gas Lease Revenue and Appropriation Ordinance
No. 19236 -07 -2010 and Supplemental Appropriation Ordinance No. 19237 -07 -2010 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Burns absent.
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Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24356 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent.
Council Member Jordan advised 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
JULY 20, 2010
PAGE 19 of 24
(C -24357 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 20 of 24
XV. ZONING HEARING
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC -10 -104 be approved with appreciation to the Far Greater Northside
Neighborhood Association and Planning and Development Staff. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent.
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 June 24, 2010.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
1 1
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Development
1) An Ordinance Amending the Zoning Ordinance of the City of Fort Worth, Being Ordinance No.
13896, as Amended, Codified as Appendix "A" of the Code of The City of Fort Worth, by Amending
Article 9 "Commercial Districts ", of Chapter 4, "District Regulations" to Amend Section 4.908
"Trinity Uptown ( "TU ") District to Revise the Number of Core Zones within the District from Seven
(7) to Nine (9) Zones; to Revise the Legal Description of The Core Zones; to Revise in its Entirety the
Development Standards and Guidelines for the Trinity Uptown District; to Amend Section 4.1201
"Trinity Uptown District" to Provide for Administrative Approval of Certificate of Appropriateness
Under Certain Circumstances, and; to Revise the Appeal Process.
2) An Ordinance Amending the Zoning Ordinance of the City of Fort Worth, Being Ordinance No.
13896, as Amended, Codified as Appendix "A" of the Code of the City of Fort Worth, by Amending
Article 9 "Commercial Districts ", Of Chapter 4, "District Regulations" to Add a New Section, Section
4.1202 "Trinity Uptown Peripheral Zone Overlay ( "TUP ") District "; Providing for Design Standards
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 21 of 24
(ZC -10 -106 Continued)
and Guidelines for New Construction and Certain Renovations in the Trinity Uptown Peripheral Zone
Overlay District; Requiring a Certificate of Appropriateness for New Construction and Certain
Renovations in the Trinity Uptown Peripheral Zone Overlay District; Providing for Administrative
Approval of Certificate of Appropriateness Under Certain Circumstances; and Providing an Appeal
Process.
3) From "A -5" One - Family, "A -5/1313" One- Family/Demolition Delay, "D/DD" High Density Multi -
Family/Demolition Delay, "E" Neighborhood Commercial, "H" Central Business District, "I" Light
Industrial, "J" Medium Industrial, "K" Heavy Industrial, "K/DD" Heavy Industrial/Demolition Delay,
"O -1" Floodplain, "TU/N1" Trinity Uptown/Neighborhood Zone, "TU/N2" Trinity
Uptown/Neighborhood Zone, "TU/N3" Trinity Uptown/UL" Trinity Uptown/Urban Lake, "TU /TCCD"
Trinity Uptown /Tarrant County College, "TU /NM" Trinity Uptown/North Main, "TU/LF" Trinity
Uptown/La Grave Field, "TU /NM /DD" Trinity Uptown/North Main/Demolition Delay, "TU/NM/HC"
Trinity Uptown/North Main/Historic & Cultural Overlay, "PD -487" Planned Development for H Uses
with Exclusions and Development Standards, "PD -488" Planned Development for H Uses with
Exclusions and Development Standards, and "PD -772" Planned Development for TU -N1 Uses to
Allow Administrative Approval Up to 10% Gross Floor, Height or Ground Cover and 25 Percent
Reduction in Parking, Site Plan Approved SP -07 -036 To "TU/UL -1" Trinity Uptown/Urban Lake,
"TU/UL -2" Trinity Uptown/Urban Lake, "TU/UL -3" Trinity Uptown/Urban Lake, "TU /TCCD" Trinity
Uptown /Tarrant County College District, "TU/LF" Trinity Uptown/La Grave Field, "TU /NM" Trinity
Uptown/North Main, "TU/N -1" Trinity Uptown/Neighborhood Zone, "TU/N -2" Trinity
Uptown/Neighborhood Zone, "TU/N -3" Trinity Uptown/ Neighborhood Zone, Add Seven (7) TU
Peripheral Overlay Zones to Existing Districts, and to Retain HC and DD Designations.
(Recommended for Approval)
Mr. Larry Fowler, Shannon, Gracey, Ratliff & Miller Law Firm, 777 Main Street, representing the
property owner of 950 North University and 1229 Jacksboro Highway, appeared before Council in
opposition to Zoning Docket No. ZC -10 -106. He requested the two (2) properties be removed from the
proposed zoning change request and delayed for further discussions with staff regarding the allowable
uses on the properties in question.
Mayor Moncrief requested staff meet regarding Mr. Fowler's concerns before taking the vote.
City Secretary Hendrix advised that the Council would consider Zoning Docket No. ZC -10 -111, and
then return to Zoning Docket No. ZC -10 -106 for action.
3. Zoning Rocket No. ZC -10 -111 - D6 Ventures, LLC; 4117 Benbrook Highway; from PPEPP
Neighbor Neighborh od Commercial to "FR" General ercia Restricted. (Re ommended for
A r ®iTa!1
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 22 of 24
(ZC -10 -111 Continued)
Mr. Johnny Williams, representing the Applicant, 48 Stonegate Drive, Bedford, Texas, 76022,
completed a speaker card in support of Zoning Docket No. ZC -10 -111, but did not wish to address the
Council.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Zoning Docket No. ZC -10 -111 be approved. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Burns absent.
City Secretary Hendrix advised that the Council would now consider Zoning Docket No. ZC -10 -106.
Staff recommended that this item be continued to the August 10, 2010, City Council meeting to allow
for further discussions by City Staff with the property owners at 950 North University and 1229
Jacksboro Highway and with Trinity River Vision Authority.
Motion: There being no one present desiring to heard in connection with the Text Amendment,
Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning
Docket No. ZC -10 -106 be continued until the August 10, 2010, Council meeting. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns
absent.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Zimmerman made a motion, seconded
by Council Member Hicks, that the hearing be closed and that the following ordinance be adopted.
ORDINANCE NO. 19240 -07 -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.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 23 of 24
XVL CITIZEN PRESENTATIONS
City Secretary Hendrix advised that Mr. Joe Don Brandon was not in attendance at the meeting.
Other Citizen Presentations:
Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council in opposition to the Mary's
Creek site as a possible location for the Mary's Creek Basin Water Recycling Center for a wastewater
treatment/water recycling facility. She provided a handout to the Council and a list of questions. She
stated the answers to the citizen's questions had not been released by the Water Department and asked
when the answers would be released. She also stated that the Environmental Protection Agency (EPA)
performed a study at the Mary's Creek Basin on the ecosystems, related to the disappearance of turtles
in the area, and advised that the EPA provided the results to the City and would not release the results
of the study without a public information request to the City.
Mr. Fernando Costa, Assistant City Manager, advised that Mr. Andy Cronberg, Assistant Director,
Water Department, stated the answers to the citizen questions would be available by the end of the
week.
Mayor Moncrief advised that staff would attempt to collect the results of the EPA study performed at
Mary's Creek Basin.
Mr. George Barnes, 5300 Helmick Avenue, appeared before Council and displayed a map of the Como
Community and stated his opposition to the Westridge gas drilling site. He stated that the developers of
the site advised that they would not meet with area residents until they had met with the faith -based
leaders in the area. He stated those individuals did not live in the Como Community and he questioned
the reason that Cheaspeake had to speak to the faith -based leaders and not the people that lived in
Como. He also stated that many people voicing opinions about issues affecting the Como Community
did not live in Como.
XVIL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 12:29 p.m. to
complete the agenda items as follows:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or
other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar
Rules, as authorized by Section 551.071 of the Texas Government Code:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 20, 2010
PAGE 24 of 24
(XVH. EXECUTIVE SESSION Continued)
a. Fort Worth Independent School District v. Texas Alcoholic Beverage Commission and
the City of Fort Worth, Cause No. D- 1- GV -10- 000681,
b. City of Fort Worth v. Greg Abbott, Attorney General of Texas, Cause No. D- 1- GV -10-
00542;
c. Legal issues concerning the regulation of on- premise signs;
d. Legal issues concerning premature street failures;
Legal issues concerning any item listed on today's City Council meeting agendas;
and
2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 551.072 of
the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the
Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
The City Council reconvened into regular session at 1;30 p.m.
XVHI. ADJOURNMENT
There being no further business, the meeting was adjourned at 1:30 p.m. in memory of Mr. Guy
Thompson, Owner and Funeral Director, of Harveson & Cole Funeral Home, who passed away on July
18, 2010, at 90 years old and was the City's oldest working funeral director.
These minutes approved by the Fort Worth City Council on the 27`'' day of July, 2010.
Attest:
A
A I
i
Marty Adrix Michael
City Secretary Mayor