HomeMy WebLinkAbout2010/07/27-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 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 Prevent
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 2 of 19
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items to be continued or withdrawn by staff.
VII. CONSENT AGENDA
Motion: Council Member Moss made a motion, seconded by Council Member Espino that the
Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
A. General - Consent Items
1. M &C G -16993 - Authorizing the City Manager to Adopt Resolution No. 3905 -07 -2010
Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P.,
for Assisting the City With Legal Matters Concerning the Water and Transportation and Public
Works Departments Contracts and Litigation Concerning Premature Street Failures With an
Additional Sum of $100,000.00.
2. M &C G -16994 - Authorizing the City Manager to Execute a No -Cost Agreement With
Western Union for Implementation and Operation of Customizable Speedpay Payment Option
for Municipal Court Defendants Making Payments to the City, With the City Receiving a $1.00
Per - Transaction Marketing Incentive, Estimated to Total $10,000.00 in Fiscal Year 2010.
C. Land - Consent Items
1. M &C L -15018 - Authorizing the Conveyance of a Public Access and Utility Easement to the
Tarrant Regional Water District That Will Cross City Property, Described as a Tract of Land
Situated in the E. Little Survey, Abstract No. 954, Tarrant County, Texas, Also Being a Portion
of Lot 1, Block 1, Police Vehicle Impound Addition to the City of Fort Worth, Tarrant County,
Texas, for the Purposes of Providing Access to Northside Drive and Enabling Utility
Connections.
2. M &C L -15019 - Adopting Appropriation Ordinance 19241 -07 -2010 Increasing the Estimated
Receipts and Appropriations in the Unspecified Section of the Park Dedication Fees Fund in the
Amount of $55,548.53, From Available Funds, for the Purchase of 21 Tax Foreclosed Properties
to be Dedicated as Park Land Within the City of Fort Worth; Authorizing the Purchase and
Direct Sale of the Properties Located Within the Fort Worth Central City, Specifically in
Council Districts 2, 8 and 9, In Accordance With Section 34.05 of the Texas Code to the City of
Fort Worth for Park Purposes for an Amount of $128,633.10 Which Includes Survey Expenses
and Closing Costs for Each Property; Authorizing the City Manager, or His Designee, to Execute
and Record the Appropriate Instruments Conveying the Property to Complete the Purchase and
Sale; and Accept the Property and Dedicate the Property as Park Land Upon Conveyance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 3 of 19
(VII. CONSENT AGENDA Continued)
3. M &C L -15020 - Authorizing the Direct Sale of Tax - Foreclosed Property Located at 2312
Vaughn Boulevard, Described as Lots 11A and 12A, Block E, Millett Addition, Fort Worth,
Texas, to Louie Ruiz and Maria Ruiz, in Accordance With Section 34.05 of the Texas Tax Code,
for a Sales Price of $4,845.48; 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 -15021 - Authorizing the Direct Sale and Purchase of Tax - Foreclosed Properties
Located at 2700 Quail Road, Described as the North Part of Lot 11, Block 2 and 2900 Quail
Road, Described as Lot 11A, Block 2, Handley Heights, South Addition, Fort Worth, Texas, to
the City of Fort Worth, in Accordance With Section 34.05 of the Texas Tax Code for a Sales
Price of $9,326.02; Authorizing the Purchase of the Properties; and Authorizing the City
Manager, or His Designee, to Execute and Record the Appropriate Instruments to Complete the
Transfer of the Properties.
5. M &C L -15022 - Authorizing the Direct Sale of Tax - Foreclosed Property Located at 4015 East
Loop 820, Described as Lot 1111, Block 2, Triangle Park Addition, Fort Worth, Texas, to
Quicksilver Resources, Inc., in Accordance With Section 34.05 of the Texas Tax Code, for a Sales
Price of $2,000.00; and Authorizing the City Manager, or His Designee, to Execute and Record
the Appropriate Instruments Conveying the Property to Complete the Sale.
6. M &C L -15023 - Authorizing the Direct Sale of Tax - Foreclosed Property Located at 5120
Draper Street, Described as Lot 7, Block 6, Park View Addition, Fort Worth, Texas, to Sergio
Alcala, in Accordance With Section 34.05 of the Texas Tax Code, for a Sales Price of $2,653.53;
and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate
Instruments Conveying the Property to Complete the Sale.
7. M &C L -15024 - Authorizing the Conveyance of an Easement to Oncor Electric Delivery, for
Electrical Equipment and Appurtenances to Serve the Drop Off Station on City Property
Located at 6260 Old Hemphill Road, Described as Lot 1, Block 1, Southside Twin Addition, at
No Expense to the City of Fort Worth; and Authorizing the Execution and Recording of
Necessary Documents to Complete the Conveyance.
E. Award of Contract - Consent Items
1. M &C C -24361 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement With Texas Christian University for the Installation of Two (2) Four (4) Inch
Telecommunications and Fiber Optic Cable Conduits Bored Beneath the Merida Avenue Right-
of-Way.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 4 of 19
(VII. CONSENT AGENDA Continued)
2. M &C C -24362 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $42,247.00 to City Secretary Contract No. 37026, an Engineering Services Agreement With
Stream Water Group, Inc., for Pavement Reconstruction and Water and Sanitary Sewer
Replacements on Portions of Fletcher Avenue, Goodman Avenue, Athenia Drive, Haskell Street,
Mattison Avenue, Hervie Street, Lake Como Drive, Curzon Avenue, Penticost Street, Sanguinet
Street, Crestline Road, Dexter Street, Frederick Street, Sutter Street, Clark Avenue and
Washington Terrace, Thereby Revising the Original Contract Amount to $687,522.00.
3. M &C C -24363 - Authorizing the City Manager to Execute a One (1) Year Interlocal
Agreement With Automatic One (1) Year Renewals With the City of Keller for Mutual and
Automatic Aid Fire Protection.
4. M &C C -24364 - Authorizing the Use of Revenue Derived From Mineral Leases on City
Owned Airports in the Amount of $101,615.00 for an Engineering Services Agreement With
CP &Y, Inc., for the Construction Management Services as Relates to the Taxiway, Roadway and
Light- Emitting Diode Lighting Improvements at the Fort Worth Spinks Airport; Adopting
Appropriation Ordinance No. 19242 -07 -2010 Increasing the Estimated Receipts and
Appropriations in the Project Spinks Taxiways, Roadways and Lighting Improvements Section
of the Airports Gas Lease Project Fund in the Amount of $101,615.00, From Available Funds,
for the Purpose of Funding the Construction Management of Taxiway, Roadway and Light
Improvements at Fort Worth Spinks Airport; and Authorizing the City Manager to Execute
Amendment No. 2 to City Secretary Contract No. 38575 With CP &Y, Inc., Thereby Increasing
the Total Contract Amount to $230,010.00.
5. M &C C -24365 - Authorizing the City Manager to Execute Amendment No. 3 in the Amount
of $352,600.00 to City Secretary Contract No. 37547 With Alan Plummer Associates, Inc., for the
Design of the Village Creek Reclaimed Water Delivery System Thereby Increasing the Contract
Cost to $2,916,959.00.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1779 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 5 of 19
IX. SPECIAL PRESENTATIONS, ,
1. Presentati2a b Y Fort Worth Sister Cities International Leadership Academl
Mr. Phil Moroneso, Chairman, Board of Directors for Fort Worth Sister Cities International, expressed
appreciation to the Council for their past and continued support of the Sister Cities Program. He stated
that this was the 22nd year for the International Leadership Academy (ILA) and its largest participation
of 184 students and teachers. He advised that invitations for ILA's Closing Ceremony at Texas
Christian University would be given to the City Council. He introduced the student representatives
from Reggio Emilia, Italy; Mbabane, Swaziland; Bandung, Indonesia; Toluca, Mexico; Trier,
Germany; and Nagaoka, Japan who presented gifts to the Mayor on behalf of their country. He also
introduced Mbabane City Officials, representing the African Urban Poverty Alleviation Project
(AUPAP). He also introduced Ms. Nancy Marchant, International Leadership Academy representative,
and expressed appreciation for her dedication and service to the children around the world.
The student representative from Mbabane, Swaziland expressed appreciation to the Mayor and Council
on behalf of all of the student delegates, for their support of Fort Worth Sister Cities International.
Mayor Moncrief expressed appreciation to the student representatives and stated that the Council
believed in the Sister Cities Program and he looked forward to the progress of the program.
Council Member Zimmerman expressed appreciation to Ms. Marchant and stated that the ILA was a
place where cultures met and lifelong friendships were fostered. He stated in his opinion this was the
best program that Fort Worth Sister Cities International provided and he looked forward to their future
success.
2. Presentation by Expanco, Inc.
Ms. Caroline Franklin, Quality Control and Ms. Kathy Anderson, Habilitator, for Expanco, Inc.,
advised that Expanco, Inc. was founded in 1977 and was one (1) of Tarrant County's first programs
designed to provide secure employment opportunities for adults with severe developmental disabilities.
They stated that Expanco, Inc., provided training related to life and work skills to individuals age 18 to
65 that were mentally or physically challenged. They also stated that Expanco's leadership had made a
significant contribution toward breaking the historical pattern of social segregation and chronic
unemployment among Tarrant County's sizable community of adults with disabilities and visual
impairments.
Ms. Mandy Riddle, Senior PS Communications 911 Unit, Police Department, stated that this training
was necessary to keep all individuals in the City safe. She stated that this important program and
training should be offered to other organizations and agencies across the nation. She expressed
appreciation to the Mayor and Council and Police Chief Halstead for their support.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 6 of 19
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mayor Moncrief and Mayor Pro tem Scarth expressed appreciation to Ms. Franklin and Ms. Anderson
of Expanco, Inc., and to Ms. Riddle and the 911 Unit and Police Department staff for being able to
interact with all residents of the City regardless of their challenges. They stated that this training was a
difficult job but a necessary one that should be duplicated across the country.
3. Presentation of Certificates of Recognition f ®r Former Cowboy Santas Board Members
Mayor Moncrief presented Certificates of Recognition to former Cowboy Santas Board Members, Mr.
Jeff Bryan (over 15 Years Volunteer Service) and Ms. Leona T. Johnson (29 Years Volunteer Service).
He stated that the City of Fort Worth recognized Mr. Bryan and Ms. Johnson for their untiring
dedication and service to the children of Fort Worth and Tarrant County through Cowboy Santas
Program Incorporated. He also stated that the Cowboy Santas Program Incorporated was a Citywide
effort operated through the Parks and Community Services Department and was committed to
providing toys to low - income children 12 and under throughout Fort Worth and Tarrant County. He
advised that during the month of December, Cowboy Santas packaged and delivered toys to families
with the assistance of dedicated citizens and sponsors. He pointed out that both Mr. Bryan and Ms.
Johnson had made a difference in the lives of many through their commitment to help others. He
further stated that accomplishments like these went a long way in strengthening Fort Worth's
reputation as one of America's Most Livable Communities and ensured that the City was recognized as
one of the best places to live, work, play and retire.
Mr. Bryan and Ms. Johnson both expressed appreciation to the Mayor and Council for their support of
Cowboy Santas and stated that even during the tough economic times the City was thinking about the
children in Fort Worth and around the world.
Ms. Sharon Armstrong, President, Cowboy Santas Board, presented Mr. Bryan and Ms. Johnson with
plaques for their hard work and dedication and expressed her appreciation for their countless volunteer
hours. She stated that Cowboy Santas was celebrating their 30th Anniversary and assisted over 12,000
children last year and looked forward to providing even more assistance in the coming year.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Council Member Moss announced that the District 5 Community Development Clinic for Stop Six area
residents held on July 24, 2010, at the Tarrant County College Opportunity Center, was a great
success. He stated that the clinic provided access to various housing programs that were available to
residents and added that individuals were be able to submit applications for the programs at the clinic.
He expressed appreciation to all staff involved in planning the clinic and stated that due to its success
another clinic would be planned for the future. He also advised that a Community Police Forum would
be held tonight, July 27, 2010, from 7:00 p.m. to 8:00 p.m. at the Without Walls Church, located at
3625 East Loop 820.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 7 of 19
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 8 of 19
XIIL RESOLUTIONS
1. A Resolution Authorizing the Major to xec to the Appropriat e c e is to sta is a
Sister Citj Relate ®nshiji With Gllij and, Gllizh ®Ll Pr ®i inCe, Pe ®jile'S Rer�uhlic of China..
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Resolution No. 3906 -07 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
2. A Resolution Regarding the Mayor's Committee on Persons With Disabilities, Reducing the
Number of Committee Members, Establishing Terris, Appointing Committee Members, and
Reducin2 the Number of Meetin2s Annualiv.
The following members were appointed to the Mayor's Committee on Persons with Disabilities with
odd place number terms expiring October 1, 2011, and even place number terms expiring
October 1, 2012.
Place 1
Connie Anderson, Community Learning Center
Place 2
Paul Baganz
Place 3
Bobby Benefield
Place 4
Judy Bland, representing Expanco, Inc.
Place 5
Lila Boydston
Place 6
Paul Cobb
Place 7
Seth Fowler
Place 8
Dan Gadbury
Place 9
Richard Garnett
Place 10
Todd Icard
Place 11
Olawale Rotimi
Place 12
Amira Salas
Place 13
Gregory Scott
Place 14
Madeline Spearing
Place 15
Michael Wyss
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that
Resolution No. 3907 -07 -2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 9 of 19
XIV. REPORT OF THE CITY MANAGER
B. General
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G-16946 be approved and Resolution No.
3908-07-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
.............................................. — ......
Than 600 Feet From a Protected Use. (PUBLIC HEARIN
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.
a. RgR2LL2LLjL_aLaff
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
Ms. Holly Strong, representing Chesapeake Operating, Inc., 100 Energy Way, appeared before Council
and provided an overview of the waiver request.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 10 of 19
(G -16981 Continued)
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council Communication
No. G -16981 and stated there was no opposition in the area immediately surrounding the pad site and
requested Council approve this item.
Mr. Larry Morton, representing Western Hills United Methodist Church, 2820 Laredo
Mr. Marvin Rudd, 3901 Sunnydale Drive, Benbrook, Texas, 76116
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -16981 and stated that there were too many wells in the City and asked how
many wells would be too many. They stated the Fort Worth Housing Authority had performed a $16M
rehabilitation of the Cambridge Court Apartments and stated the 60 households in the apartments
would not benefit from drilling. They stated that they were unable to come to an agreement relative to
compensation for the apartment residents. They requested the Council deny this item.
Ms. Cindi Creswell, 3663 Brookland Avenue
Mr. Ramon Guajardo, representing the Fort Worth Housing Authority and the Cambridge Court
Apartments, 1434 North Main Street
Council Member Zimmerman stated there was a diverse interest in drilling all over the City and stated
the majority of the property owners most affected by this gas well pad site were in support of the
waiver request. He also encouraged Chesapeake Operating, Inc., to use electric power versus diesel for
drilling at this pad site.
c. Council Action
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette,
that the public hearing be closed and Mayor and Council Communication No. G -16981
be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one
(1) abstention by Council Member Jordan.
3. MSC G -16995 - Authorize the City Manager to Execute Public Right -of Way Use
Agreements With Quicksilver Resources, Inc., Granting Q is si firer Resources , Inc., Licenses to
Construct and Ouerate a Natural Gas Gathering Pit)eline and a Saltwater Pir)eline Across Feller
Haslet Road, East of Old Benton Road, for a One (1) Time License Fee of $2,150.50.
Ms. Kelly Sanders, 777 West Rosedale, completed a speaker card in support of Mayor and Council
Communication No. G- 16995, but did not wish to address the City Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 11 of 19
(G-16995 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G-16995 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
.. ...........
and Authorize a Substantial Amendment to the Cill's 2009-2010 Action Plan.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. G-16996 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16997 be approved with appreciation and
Appropriation Ordinance Nos. 19243-07-2010 and 19244-07-2010 be adopted. The
motion carried unanimously nine (9) ayes to zero (0) nays.
................................................................
the Texas Water Development Board's Water State Revolving Loan Fund for Water System
. ..................................
Treatment Plants Ozonation Upgrade Project.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. G-16998 be approved and Appropriation
Ordinance No. 19245-07-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 12 of 19
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -16999 be approved with appreciation to the
White Lake Hills, Ryanwood and Sunset Hills Park Neighborhood Associations and
Appropriation Ordinance No. 19246 -07 -2010 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
E. Planning & Zonin
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. PZ -2899 be continued until the
August 10, 2010, Council meeting. The motion carried unanimously eight (8) ayes to
zero (0) nays, with one (1) abstention by Council Member Jordan.
F. Award of Contract
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 13 of 19
(C -24366 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24366 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
1
Force Main Beneath the Belknap
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C -24367 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24368 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Mayor Moncrief, Mayor Pro tem Scarth and Council Member Hicks all expressed appreciation to
Council Member Moss and the Housing and Economic Development Department staff for their hard
work on this project. They stated that this item moved the Parole Office out of Berry Street
and Riverside into an industrial area, which was better suited for that type of establishment.
4. MSC C -24369 - Authorize the City Manager to Execute an Interlocal Agreement With
Tarrant for its Reimbursement in an A $25,000. 0 to the Citj for te C s s
of New c e Wa r as ers a ey arts a; a A a A r ra
Ordinance cre si t o Estimated__Receipts_and_Anpropriations in the 2007 Critical Ca It al
Projects Fund From Available Funds to Fund the Construction of the Warning Flashers.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24369 be approved with appreciation to
Tarrant County Commissioners and Appropriation Ordinance No. 19247 -07 -2010 be
adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 14 of 19
5. M&C C-24370 - Authorize t o City Manager to xecute a Construction Contract in the
Amount of $23,293,50x.00 With Reynolds, Inc., to Construct the North and South Holly Water
Treatment Plant Ozone Upgrade Project Loca ed at 1500 11th Avenue.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24370 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XV. PUBLIC HEARING
1. It appeared that the City Council Set Today as the Date for a Public Hearing Regarding an
Ordinance Amending Chapter 20, "Licenses and Miscellaneous Business Regulations" of the
Code of the City of Fort Worth, by Adding Article XII Entitled, "Outdoor Events," to Regulate
the Conduct of Outdoor Events Within the City.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. y a
Ms. Sarah Fullenwider, Senior Assistant City Attorney, Law Department, appeared before Council,
and provided a staff report.
b. Citizens Presentations
The following individuals appeared before Council in support of the Ordinance. They stated that they
were generally in support of this item and requested that the provisions for notification of events be
removed and neighborhood associations be able to notify residents through the newspaper, signage and
other news media, due to the high expense of mailers. They also requested that the provision for paid
off -duty Police Officers to work the event be removed, as the four (4) hour minimum was not
necessary for a 30- minute parade. Additionally, they stated that the $1M insurance policy coverage
was too high and too expensive for small neighborhood associations to pay and requested the provision
be removed. They also advised that research showed that a $1M insurance policy would cost a
neighborhood association approximately $450.00 per household.
Ms. Heidi Swartz, representing the Cow Town Marathon, 1612 Park Place Avenue
Mr. Tim Smith, representing Lost Creek Neighborhood Association, 3921 Snow Creek
The following individuals appeared before Council in opposition to the Ordinance. They stated that the
provisions that would be enforced would endanger the community spirit because the neighborhoods
would be unable to hold a number of their annual events due to the high cost of insurance and the costs
associated with notification and off -duty Police Officer presence. They requested that the provisions
for notification of events be removed and neighborhood associations be able to notify residents through
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 15 of 19
(XV. PUBLIC HEARING Continued)
the newspaper, signage and other news media, due to the high expense of mailers. They also requested
that the provision for paid off -duty Police Officers to work the event be removed, as the four (4) hour
minimum was not necessary for small parades. Additionally, they stated that the $1M insurance policy
coverage was too high and too expensive for small neighborhood associations to pay. They further
stated that requiring barricades and staff members at all intersections on parade routes was excessive
and unreasonable. They stated that renting barricades was costly and unnecessary when most small
neighborhood parades cleared intersections in approximately ten minutes. They also advised that the
high percentage requirement (currently 66 %) for petition signatures for neighborhood events and
parades should be reduced to 50 percent plus one (1) due to the fact that some property owners were
out of state. They requested these provisions and all event permit fees be removed for neighborhoods.
They also requested that the League of Neighborhoods be involved in the review of the ordinance after
one (1) year.
Mr. Robert Wedding, representing the Fairmont Neighborhood Association, 1724 5th Avenue
Mr. Bob Lynch, 7724 Lake Highlands Drive
Ms. Libby Willis, representing the Fort Worth League of Neighborhoods, 2300 Primrose Avenue
(provided a handout)
Ms. Cindi Creswell, 3663 Brookland Avenue
Senior Assistant City Attorney Fullenwider stated there was a company which would offer the
insurance policy at a reduced cost to the neighborhood associations. She advised that the Risk
Management Department would provide the contact information for the insurance company. She also
clarified that if the event occurred solely on private property, then the event was exempt from the
ordinance.
Mayor Moncrief and Council Members Burdette, Burns and Zimmerman all expressed appreciation to
City staff for their work on this ordinance. They stated that the neighborhood input and the public
process produced a much better product which would continue to be improved. They requested staff
provide an example of what a parade would cost for a small neighborhood under the new ordinance.
They also requested that staff review the high percentage of resident participation on petitions and the
insurance policy provision for possible alternatives. They also encouraged neighborhood associations
to participate and provide input once the ordinance was reviewed at the end of one (1) year.
c. Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that the
public hearing be continued until the August 3, 2010, Council meeting. The motion
carried unanimously nine (9) ayes to zero (0) nays.
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JULY 27, 2010
PAGE 16 of 19
XVL ZONING HEARING
Council Member Zimmerman advised that it was not his intent to approve this zoning change and
would allow staff to continue discussions related to this item for one (1) week.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Zoning Docket No. ZC -10 -103 be continued until the August 3, 2010, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
Mayor Moncrief stated that the City needed to be mindful of encroachment and unintended
consequences. He further stated that he understood what was trying to be accomplished and added that
further discussion on this matter was necessary.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 17 of 19
for Approval
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Mr. Bo Brownlee, Applicant, 6115 Camp Bowie Boulevard, No. 290, completed a speaker card in
support of Zoning Docket No. ZC -10 -107, but did not wish to address the City Council.
Council Member Zimmerman made the following amendment to Zoning Docket No. ZC -10 -107:
Change in zoning to "PD/MU - -1 " plus bar site plan waived for the lease space and deny without
prejudice the rest of the case.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino,
that Zoning Docket No. ZC -10 -107 be approved as amended to "PD/MU -1" plus bar
site plan waived for the lease space and deny without prejudice the rest of the case. The
motion carried unanimously nine (9) ayes to zero (0) nays.
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 Espino, that the public hearing be closed and that the following ordinance be
adopted:
ORDINANCE NO. 19248 -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.
The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 18 of 19
XVIL CITIZEN PRESENTATIONS
. I I
Mr. Brandon spoke about using cable television to show things the City did not want to show. He
indicated he found a way to do so without the City blocking him from showing those things. He
indicated he had enough support in the community to do so. He stated he had pictures of issues related
to The T that he had been photographing for the last five (5) years. Mr. Brandon talked about an
auction of property from 33 rental units, nine (9) of the units had red locks. He talked about the items
stored in the units, showed a photograph of three doors and stated it was against the law to take or use
those items since they had to be auctioned. He implied that a "slum lord" was taking those items for
his own use. Mr. Brandon showed a picture of a sign that he had removed from a large roll -off trash
container at the same location that said, "Caution, no hazardous wastes accepted ....." He explained
that this storage building was being demolished and was filled with trash that was going to be taken
away as part of the demolition. He added a large roll -off trash container had been delivered to the site
and he showed a picture of workers placing chemicals, etc., into the container, which he explained was
illegal. He talked about that too many businessmen at this storage facility were making deals and were
committing crimes and it needed to stop.
Other Citizen Presentations:
Mr. Fernando Florez, 2740 Hemphill, appeared before Council and requested that the Air Quality
Study Committee remain intact without the three (3) members of the gas companies, after the results of
the study are presented. He also requested that the results of the study be provided to the citizens. He
also provided a copy of a letter which he had sent to the City Manager's Office and stated he had not
received a response.
Mayor Moncrief stated that he reviewed the charge of the Air Quality Study Committee and advised
that the results of the study would be provided to the citizens. He also stated that the full intent of the
resolution would be carried out and the Committee would remain in place to receive the study results
and provide feedback to the Council. He explained that Ms. McElfish would also be contacted and
provided this information since she raised this issue at a previous council meeting.
XVIII. EXECUTIVE SESSION
It was the consensus of the City Council that they recess into Executive Session at 12:35 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, and as authorized by Section 551.071 of the Texas Government Code:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 27, 2010
PAGE 19 of 19
(XVHI. EXECUTIVE SESSION Continued)
a. Carey Cass Hudson v. City of Fort Worth, and FWPD Officers F.V. Anderson and C.
Harris, Civil Action No. 4:09 -cv- 00483 -A;
b. Legal issues concerning employees' 457 Deferred Compensation Plan;
c. Legal issues concerning any item listed on today's City Council meeting agendas; and
2. Deliberate the purchase, exchange, 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 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.
5. Deliberate personnel matters related to the appointment of a City Attorney in accordance with
Section 551.074 of the Texas Government Code.
Mayor Moncrief adjourned the Executive Session at 1:35 p.m.
The Council reconvened back into regular session.
XIX. ADJOURNMENT
There being no further business, the meeting was adjourned at 1:35 p.m.
These minutes approved by the Fort Worth City Council on the P day of August, 2010.
Attest:
Approved:
Marty Hen x Micha oncri
City Secretary Mayor