HomeMy WebLinkAbout2010/08/03-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 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
Mayor Moncrief introduced Austin Douglas as Mayor for the Day and stated that Mayor Douglas
would call the meeting to order. He added that he would provide more information on Mayor Douglas
after Item IV.
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor for the Day Douglas called the regular
session of the Fort Worth City Council to order at 7:04 p.m. on Tuesday, August 3, 2010, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II. INVOCATION - Reverend J. Frederick Barber, Trinity Episcopal Church
The invocation was provided by Reverend J. Frederick Barber, Trinity Episcopal Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 27, gala
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman that the
minutes of the regular meeting of July 27, 2010, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 2 of 27
Mayor Moncrief welcomed Austin Douglas and his family, and stated he was the "Special Mayor for
the Day." He advised that Austin was eight (8) years old and would be in the third grade at John D.
Spicer Elementary School. He stated that Austin was diagnosed with Leukemia in July 2009 and was
now in remission. He further stated that Austin was joined at the meeting by his mother, Ms. Kristen
Douglas, who was a nurse at Cook Children's Hospital and his brother Dalton, who was eleven (11)
years old and attended sixth grade at North Oaks Middle School. He presented Austin with a Key to
the City, a Molly pin and a Certificate as Honorary Mayor in commemoration of this day.
Mrs. Rosie Moncrief presented Dalton with a Molly pin and a deck of Fort Worth playing cards. She
also presented Austin and Dalton with Texas Christian University (TCU) spirit items and gift bags
from Nolan Ryan, President, Texas Rangers Baseball Team who invited the Douglas brothers to attend
a game as his guests.
Ms. Douglas expressed appreciation to the Mayor and Council, family, friends and the community for
the support during Austin's diagnosis and recovery. She stated the outpour of community support was
what made Fort Worth a truly wonderful place to call home.
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There were no items withdrawn from the Consent Agenda.
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There were no items to be continued or withdrawn by staff.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman that the
Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
C. Land - Consent Items
1. M &C L -15025 - Authorizing the Direct Sale of Two (2) Tax - Foreclosed Properties Located at
0 Sam Calloway Road, Described as Abstract 264, Tract 41 and Abstract 264, Tract 41A, 54B
and 5511, Nathan H. Carroll Survey, to the Tarrant Regional Water District in Accordance with
Section 34.05 of the Texas Tax Code for a Sales Price of $136,222.85; and Authorizing the City
Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the
Properties to Complete the Sale.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 3 of 27
(VII. CONSENT AGENDA Continued)
2. M &C L -15026 - Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 1316
South Henderson, Described as Lot 5R Block A, King Subdivision/Field Welch, to Joseph Frank
in Accordance with Section 34.05 of the Texas Tax Code for $15,215.30; and Authorizing the
City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying
the Property to Complete the Sale.
3. M &C L -15027 - Authorizing the Direct Sale of Tax - Foreclosed Property Located at 3602
Fairfax Avenue, Described as Lot 1A; 3604 Fairfax Avenue, Described as Lot 2A; 5105
Shackleford Street, Described as Lot 111; 5109 Shackleford Street, Described as Lot 1C; and
5113 Shackleford Street, Described as Lot 11); all Within Block 8, Trentman City Addition, to
the Corporation of the Episcopal Diocese of Fort Worth, in Accordance with Section 34.05 of the
Texas Tax Code, for a Sales Price of $24,628.65; 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 -15028 - Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 4235
Sandage Avenue, Described as East 52 V2 Feet of Lot 39, a /k/a Lot 39A, Block 1, Newton -Garb
Addition, to Pedro Sandoval, in Accordance with Section 34.05 of the Texas Tax Code, for a
Sales Price of $3,185.91; and Authorizing the City Manager, or His Designee, to Execute and
Record the Appropriate Instruments Conveying the Property to Complete the Sale.
5. M &C L -15029 - Authorizing the Fee Acquisition of Right -of -Way, Excluding Minerals,
Located at 109 Haltom Road, Described as Abstract No. 1686, Tract 3A, Alex C. Warren Survey,
Fort Worth, Texas, From Lupe Cruz; Finding the Price of $1,800.00 As Just Compensation for
the Acquisition; and Authorizing the City Manager, or His Designee, to Accept the Conveyance
and Record the Appropriate Instruments and to Pay the Estimated Closing Costs of $1,500.00
for the East First Street Bridge Replacement Project.
6. M &C L -15030 - Authorizing the Fee Acquisition of Right -of -Way, Excluding Minerals,
Located at 111 Haltom Road, Described as a Portion of Lots 7 and 8, Block 7, Eastview Addition,
Fort Worth, Texas, From Andrea Botello; Finding that the Price of $1,300.00 is Just
Compensation for the Acquisition; and Authorizing the City Manager, or His Designee, to
Accept the Conveyance and Record the Appropriate Instruments and to Pay the Estimated
Closing Costs Up to $1,500.00 for the East First Street Bridge Replacement Project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 4 of 27
(VII. CONSENT AGENDA Continued)
D. Planning & Zoning - Consent Items
1. M &C PZ -2900 - Adopting Ordinance No. 19249 -08 -2010 Vacating and Extinguishing a
Portion of Erie Street and Associated Public Open Space Easements From Hart Street to its
Terminus at the Union Pacific Railroad Right -of -Way, a Public Right -of -Way, Situated Between
Lot 1 -R, Block 18, and Lot 1, Block 4 -R, Handley Original Town, Tarrant County, Texas, and
Containing Approximately 8,500 Square Feet of Land More or Less; 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 -2901 - Authorizing the City Manager to Initiate a Zoning Change for the 800 Blocks
of Atlanta and East Jessamine Streets and 2416 Evans Avenue, From "A -5" One - Family, to
"CF" Community Facilities, in Accordance with the Comprehensive Plan.
Mr. Noble Crawford, Jr., 4808 Highpoint Road, completed a speaker card in support of Mayor and
Council Communication No. PZ -2901, but did not wish to address the Council.
E. Award of Contract - Consent Items
1. M &C C -24371 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $59,019.30 to City Secretary Contract No. 35548, an Engineering Agreement with DeOtte,
Inc., for the Storm Water Utility Project - Westcreek- Kellis Park Drainage Improvements,
Thereby Revising the Total Contract Cost to $228,864.30.
2. M &C C -24372 - Authorizing the City Manager to Execute Change Order No. 12 in the
Amount of $94,542.00 to City Secretary Contract No. 38245 with W. G. Yates and Sons
Construction Company to Construct the Western Heritage Parking Garage at the Will Rogers
Memorial Center, Increasing the Contract Amount to $17,313,420.00.
3. M &C C -24373 - Ratifying a Memorandum of Understanding with the Texas Forest Service
and Regional Incident Management Team Members, to Delineate Responsibilities and
Procedures for Regional Incident Management Team Activities Under the Authority of the State
of Texas Emergency Management Plan; Authorizing the Acceptance of Reimbursement From
Texas Forest Service in an Amount Up to $85,000.00; and Adopting Appropriation Ordinance
No. 19250 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund,
Subject to Receipt of a Reimbursement From the Texas Forest Service and Regional Incident
Management Team Members.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 5 of 27
(VII. CONSENT AGENDA Continued)
4. M &C C -24374 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount
of $51,344.16 to City Secretary Contract No. 36651 with S. J. Louis Construction of Texas, Ltd.,
for the Village Creek Wastewater Treatment Plant Trinity River Pipeline Crossing Project
(Parallel Pipeline) Increasing the Total Contract Cost to $6,133,907.51.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1780 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation of Proclamation for Go_Purple Fridays
Mayor Moncrief presented a Proclamation for Go Purple Fridays to Mr. Chris Del Conte, Texas
Christian University (TCU) Athletic Director. He stated that since 1910, TCU had been a great asset to
Fort Worth and created a world - class, values- centered university experience for its students which
educated those individuals to think and act as ethical leaders while being responsible citizens in the
global community. He further stated that in 2009, the TCU football team marked its first perfect
regular season (12 -0) which lead to TCU's first ever Bowl Championship Series (BCS) Bowl game.
He also pointed out that this past June the fourth - ranked TCU baseball team earned a spot for the first
time in school history in the NCAA College World Series and the TCU rifle team won their first
NCAA championship. He also added that the Lady Frogs had an equally successful 2009 — 2010
season as the TCU women's basketball team continued its dominance on the court, winning the
Mountain West Conference (MWC) Championship and receiving an invitation to the NCAA
Tournament for the ninth time in ten (10) years and stated the TCU volleyball team qualified for the
NCAA Tournament for the first time in school history. He advised that TCU's 100th anniversary was
honored by the great accomplishments achieved by athletic programs that brought priceless national
exposure to the university and our great city. He requested that all citizens, business owners and staff
to show their Horned Frog spirit by wearing purple every Friday during the 2010 — 2011 TCU Football
Season.
Mr. Del Conte expressed appreciation to the Mayor and Council, the citizens, business owners and
staff for their support of the TCU athletic programs and stated "Go Purple Fridays" made TCU and
Fort Worth synonymous. He added that TCU was looking forward to another great season of athletics.
He also stated in an effort to fight chronic homelessness, TCU was selling t -shirts and would donate
$1.00 to Directions Home and added that 1,000 shirts had already been sold. The Horned Frog mascot
handed out official team jerseys to each Council Member, personalized with their name.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 6 of 27
(IX. SPECIAL PRESENTATION TRODUCTIONS, ETC. Continued)
Mayor Moncrief stated the entire City was excited to once again go purple on Fridays and would do so
from September 3, 2010, to November 26, 2010, in support of TCU athletics.
1. Uncomin2 and ece t Events
Mayor Moncrief welcomed former City of Arlington Mayor Richard Greene to the Council meeting
and expressed appreciation to him for his work with the Air Quality Study Committee and in the
selection process of the consultant to perform the study.
Council Member Hicks announced that the wrap up event to the Mayor Mike and Rosie's Summer
Reading Challenge would be held on August 8, 2010, from 1:00 p.m. to 5:00 p.m., that would feature
activities for all ages. She also 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 announced that the Fort Worth Commission for Women received an award from the
National Commission for Women at their 40th Annual National Convention. She stated the Fort Worth
Commission for Women was recognized for their efforts to reduce infant mortality in Fort Worth and
Tarrant County. She recognized Dr. Ann Farley Parker, Chair, of the Fort Worth Commission for
Women and commended the all of the members for a job well done.
Dr. Parker, expressed appreciation to the Mayor and Council for their support of the Commission.
Council Member Moss expressed appreciation to Police Chief Halstead and the Police Department
staff for a successful Community Police Forum which was held on July 27, 2010, from 7:00 p.m. to
8:00 p.m., at the Without Walls Church. He also expressed appreciation to Mr. Brandon Bennett,
Director, Code Compliance Department, and his staff for the work they did following the forum in an
effort to pick up roaming and loose dogs.
Council Member Zimmerman welcomed Boy Scouts: Matthew Soto, Troop 86, Bedford, Texas;
Kenneth McIntyre, Troop 326, Fort Worth, Texas; and Nathan Walker, Troop 1136, Willow Park,
Texas, to the Council meeting and congratulated them on their achievements in scouting. He stated
Troop 326 held a special place in his heart, as his sons were members of that troop and went on to
become Eagle Scouts. He wished them future success in scouting.
Mayor Moncrief stated the scouts were the future leaders of the city, state and nation and stated their
success was limited only by their imagination. He congratulated the Boy Scouts on their achievements
and wished them good luck.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 7 of 27
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Burdette welcomed the Laotian Community members that were in the audience.
Council Member Burns announced a meeting would be held relative to the Modern Street Car project
at the Intermodal Transportation Center on August 9, 2010, with an Open House at 5:30 p.m. and a
public meeting at 6:00 p.m. He encouraged anyone to attend who had questions or concerns about this
project. He also read a passage from a book about Fort Worth, by author and historian Dr. Richard
Selcer, which recounted the history of transportation in the City of Fort Worth and detailed the first
street cars in the City.
Mayor Pro tem Scarth requested the Council meeting be adjourned in memory of Preston Wright, Jr.,
89, who passed away on July 19, 2010. He stated he was a long time east side resident who was active
with the youth and the singles at Sagamore Hill Baptist Church, serving as a Sunday school teacher
and also as a counselor at Camp Sagamore for over 30 years.
Mayor Moncrief also commended Council Member Espino and stated he accompanied social workers
to several of the homeless camps around the City to see first hand what they were experiencing. He
expressed appreciation to Council Member Espino for his commitment to fight homelessness.
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.
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Mr. Brandon Bennett, Director, Code Compliance Department, advised that each year the City
removed over 30,000 signs that were illegally placed along streets, at intersections and attached to
utility poles. He displayed photographs of various types of illegal signage and provided an example of
a sign that reflected a phone number and the message, "Rent out your home for $7500 during the Super
Bowl." He explained that when the number was called the person answering the phone did not
communicate about the advertised business. He stated that while some of these signs were for lost pets
and such, most were from commercial enterprises that littered roadways to further business interests.
He further advised that despite ongoing education and enforcement, the problem continued to grow. He
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 9 of 27
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Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman that
Mayor and Council Communication G-17000 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
3. MSC G-17001 - Authorize the City Manner to Execute a Public Right -of Way Use
Agreement With Crosstex North Texas Gathering, LP, Granting a ice se to Construct and
Ot)erate a Natural Gas Gathering Pit)efine Across Verna Trail, West of Silver Creek Road, for a
One (1) Time License Fee of $2,805 00.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth that Mayor
and Council Communication G-17001 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 10 of 27
(G -17002 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 11 of 27
(G -17003 Continued)
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -17003 and requested the City have this ordinance reviewed by an attorney that
specialized in first amendment rights to ensure that the City did not incur unnecessary legal fees related
to potential first amendment rights lawsuits. They also suggested the City discuss this issue and seek
counsel from the American Civil Liberties Union (ACLU). Members of the Laotian Community stated
that their community wished to comply with all laws and requested an exemption for the use of an
amplified sound system for their annual New Year celebration in April. They also requested that
organizations which could provide proof of 10 to 15 years of incident free events be grandfathered and
not be required to obtain insurance or pay any additional fees. They requested this item be continued
for further legal review and discussion.
Ms. Karin Cagle, 2618 5th Avenue (represented ACLU)
Mr. Sam Souimaniphanh, 1076 Appaloosa Circle (represented Laotian Community)
Ms. Deb Wood, 1628 5th Avenue (represented the Arts Council)
Ms. Kit Jones, 2308 Ryan Place Drive
The following individual completed speaker cards in opposition to Mayor and Council Communication
No. G- 17003, but did not wish to address the Council.
Ms. Esther McElfish, President of North Central Texas Community Alliance (NCTCA), 7112 Martha
Lane
Ms. Tolli Thomas, 5341 Wooten Drive
Mayor Moncrief requested City Attorney Yett provide insight relative to the comments regarding first
amendment rights.
City Attorney Yett advised that it was not the City's intention to restrict any constitutional rights and
stated he was comfortable that the ordinance presented did not do that. He stated the City would be
happy to discuss the restrictions in the ordinance with the ACLU or anyone who wished to discuss this
issue.
Council Member Burns requested the Law Department review the ordinance carefully to ensure
compliance with the First Amendment.
Mayor Moncrief, Mayor Pro tem Scarth and Council Members Burns, Espino, Hicks, Burdette, Jordan,
and Moss all expressed their appreciation to Senior Assistant City Attorney Fullenwider and the
Special Event Committee members who worked on this ordinance amendment. They stated the lengthy
process, organization and citizen input were examples of the public process working and added that the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 12 of 27
(G -17003 Continued)
amendments made to the ordinance encompassed the comments made during the public meetings.
They stated this ordinance addressed public events in terms of public safety. They also advised that the
ordinance would be reviewed after one (1) year and encouraged organizations and citizens to provide
input at that time.
Council Member Burdette provided an overview of the intent of this ordinance amendment and stated
the amendment mostly regulated large outdoor events. He further stated that he was not convinced that
neighborhood events required such restrictions but he would reluctantly support this ordinance with the
amendments in the interest of public safety. He advised that he had confidence in the Law Department
and stated this ordinance made no attempts against freedom of speech. He referenced the request by
citizens to grandfather certain events and stated that this was unlikely because there were already
stipulations for long -time events to be able to apply for one (1) permit. He spoke relative to the request
by the Laotian Community relative to an exemption for an amplified sound system and requested that
the City work with them to come up with a solution.
Council Member Scarth requested clarification from the Law Department relative to the request by the
Laotian Community.
Senior Assistant City Attorney Fullenwider clarified that amplified music was regulated by the noise
ordinance in the City Code. She stated noise requirements and regulations were not addressed in this
ordinance.
c. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that the
public hearing be closed and Mayor and Council Communication No. G -17003 be approved
as amended, on page 9: Sec. 20 -406, "Exceptions" to add a new subsection (m)
governmental entity and on page 37: subsection (b) of Section 20 -438, change the
percentage requirement from sixty -six percent to fifty percent plus one (1) and with the
stipulation that the Law Department would further review the ordinance as it related to First
Amendment Rights and Ordinance No. 19255 -08 -2010 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
C. Purchase of Equipment, Materials, and Services
1. M &C P -11158 - Authorize a Non - Interest Bearing Inter -Fund Loan From the General Fund
to the New Equipment Purchases Fund in the Amount of $2,579,504.00, for Interim Financing of
the Purchase of Fire Apparatus Pending Issuance of Debt; Adopt a Supplemental Appropriation
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 13 of 27
(P -11158 Continued)
Ordinance Increasing the Estimated Receipts and Appropriations in the New Equipment
Purchases Fund Upon Receipt of a Loan for the Purchase of Four (4) New Rosenbauer
Firefighting Technology Pumper Apparatus; and Authorize the Purchase of the Apparatus
From Emergency Vehicles of Texas Using a Houston - Galveston Area Council Cooperative
Contract for the Fire Department.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. P -11158 be approved and that Appropriation Ordinance
No. 19256 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
Mayor Moncrief recessed the meeting at 8:24 p.m.
Mayor Moncrief reconvened the meeting at 8:25 p.m.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. P -11159 be approved and that Appropriation Ordinance
No. 19257 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
E. Planning & Zoning
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 14 of 27
(PZ -2902 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. PZ -2902 be approved and that Ordinance No.
19258 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
F. Award of Contract
The following individuals appeared before Council in support of Mayor and Council Communication
No. C -23475 and expressed appreciation to the Mayor and Council for formation of the Air Quality
Committee and to Mr. Greene for his leadership. They stated there was still a lot of work to be done in
terms of studying the effects of gas drilling. They requested regular updates on the City website and
monthly status reports at the end of September, October and November as the study progressed. They
also requested that the Council assess an environmental impact fee for the gas drilling companies to
recoup the $600,000.00 spent from the gas well drilling revenues. They stated the gas well drilling
revenues were promised to the citizens and should be used during this tough budget situation to avoid
furlough days, layoffs, reduction of services and additional fees on the utility bills. They stated the City
and gas well drilling companies needed to be more transparent and added that it should be the gas well
companies paying for the studies.
Mr. Fernando Florez, 2740 Hemphill Street
Mr. Jerry Lobdill, 6336 Darwood Avenue
Mr. Gary Hogan, 2117 Rolling Creek Run
Ms. Esther McElfish, NCTCA President, 7112 Martha Lane
Mr. Johnny Lewis, 953 East Terrell Avenue
Mr. Robert Snoke, 3820 6th Avenue, appeared before Council in opposition to Mayor and Council
Communication No. C -23475 and stated that development and gas well drilling was ruining the City
and stated the environment and wildlife had suffered downtown and near the Trinity River which he
stated was now a canal not a river. He stated that neighborhoods around the City were dying as a result
of gas well drilling, the economy and hidden agendas.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 15 of 27
(C -24375 Continued)
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 also expressed appreciation to the Air Quality Study
Committee, Mr. Greene and the Texas Commission on Environmental Quality for their time and
efforts and reiterated that the citizens and Committee Members would receive the results at the end of
the study. He also added that if during the course of the study that they found that the public was at a
health risk, then the public would be notified immediately and appropriate action would be taken.
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C -24375 be approved with appreciation to Mr. Greene
and that Appropriation Ordinance No. 19259 -08 -2010 and Supplemental Appropriation
Ordinance No. 19260 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
2. M&C C -24376 - Authorize the Citv Manager to Execute a Public Right -of Way Use
Agreement With Quicksilver Resources, Granting a License to Construct and Operate a Salt
Water Pipeline Along Westport Parkway, East and West of I -35W, for a One (1) Time License
Fee of $28, 50.00.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C -24376 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
3. MSC C -24377 - Authorize the City Manager to Execute a Public Right-of-Way Use
A ree e t With Cowtown i e i e Partners, Granting a License to str ct and erate a
Natural Gas Pipeline Along Westport Parkway, East and West of I -35W, for a One (1) Time
License Fee of $37,213
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C -24377 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
4. MSC C -24378 - Authorize the Citv Manager to Execute a Public Right -of Way Use
Agreement With Chesapeake Operating, Inc., Granting a License to str ct and erate a
Salt Water Pirieline Across Haltom Road, North of Conwav Street, for a One (1) Time License
Fee of 51,589.50.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 16 of 27
(C-24378 Continued)
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.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and
Council Communication No. C-24378 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan.
a One (1) Time License Fee of $1,542.75.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24379 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
6. MSC C-24380 - Authorize the City _ _Manager to Execute a Public Right-of-Way Use
Amement With Cowtown Pit)eline Partners, Granting a License to Construct and Querate a
Natural Gas Gathering Pipeline Across Marti e
License Fee of $3,272. 0.
Motion: Council Member Moss mad a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-24380 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-24381 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
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for a One (1) Time License Fee of $8,602.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 17 of 27
(C-24382 Continued)
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C-24382 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
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QI!erate a NAtural Gas Gathering Pipeline Across First Street, East of Haltom Road, for a One
(1) Time License Fee of $4,301.00.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24383 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ILI
Property.
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C-24384 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
1111111 �!�I'cg:
.......................
j�XXIt,_Pa t 1, on Lowden Street, From Wqy�side Avenue to Gordon Avenue; Gordon Avenu
.......... I ................... . ......................................... ..
Avenue; and Townsend Drive, From West Berry Street to Bowie Street.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24385 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
...................
Replacements and Relocations Contract 2010A.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-24386 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 18 of 27
13. M &C C -24387 - Conduct a Public Hearing and Authorize the City Manager to Ratify the
Application for a Grant From the United States Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, Fiscal Year 2010 Edward Byrne Memorial Justice
Assistance Grant Formula Program, in an Amount Not To Exceed $887,364.00; Conduct a
Public Hearing Regarding the Application for the Grant to Allow the Public an Opportunity to
Comment as Required as Part of the Grant Application; Authorize the City Manager to Accept
the Grant Funds, if Awarded; Authorize the City Manager to Execute a Memoranda of
Understanding With Tarrant County and Other Cities Located Within Tarrant County to
Designate the City of Fort Worth as the Cognizant Fiscal Agency for the Purpose of
Administrating This Grant and the Manner in Which the Grant Money Will be Disbursed and
Utilized; Authorize the Use of Anticipated Interest in the Amount of $16,000.00 in Accordance
With the Grant; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $903,364.00, Upon Receipt of the Grant for
the Purpose of Supporting a Broad Range of Activities to Prevent Crime and to Improve the
Criminal Justice System Within Tarrant County. (PUBLIC HEARING)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. Report of City Staff
Ms. Sasha Kane, Senior Contract Compliance Specialist, Police Department, appeared before Council,
and provided a staff report.
b. Citizen Presentations
There were no Citizen Presentations.
c. Council Action
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the public
hearing be closed and Mayor and Council Communication No. C -24387 be approved and
that Appropriation Ordinance No. 19261 -08 -2010 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XIV. ZONING HEARING
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official
newspaper of the City of Fort Worth, on July 19, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 19 of 27
(XIV. ZONING HEARING Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
. ....................... "I'l""I'll""I'll'll""I'll""I'lli'� ... .................
Mr. Phillip Poole, applicant, 2918 Wingate Street, Suite 100, completed a speaker card in support of
Zoning Docket No. ZC-10-066 and advised an agreement had not been reached and he wished to
withdraw this item.
Ms. Linda Antinone, 2705 Merida Avenue, completed a speaker card in opposition to Zoning Docket
No. ZC- 10-066, but did not wish to address the Council.
Motion: Council Member Bums made a motion, seconded by Council Member Hicks, that
Zoning DocketNo. ZC-10-066 be denied without prejudice. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Mr. Peter Kessels, applicant, 10300 North Central Expressway, Suite 110, Dallas, Texas 75231,
completed a speaker card in support of Zoning Docket No. ZC-10-092, but did not wish to address the
Council.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC- 10-092 be continued until the August 17, 2010, Council meeting.
The motion carried unanimously nine (9) ayes to zero (0) nays.
.....................
............................... ........
to Remove the "DD" Demolition Delal Overlay. (Recommended for Approval)
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that
Zoning Docket No. ZC-10-098C be denied without prejudice. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 20 of 27
1 1
1" 1 R c
Ms. Rachel Wiggins, 1510 Chennault Avenue, Community Plans and Neighborhood Officer, NAS Fort
Worth JRB, appeared before Council in opposition to Zoning Docket No. ZC -10 -103 stated that the
proposed zoning change was inconsistent with the zoning at other airports, such as Alliance and
Meacham Airports. She stated that "D" High Density Multi- Family zoning with 70 decibels inside the
Accident Potential Zone (APZ) would cause concern at the next Base Realignment and Closure
(BRAC) Hearing and could cause the government to shut down the base. She advised that she would
support a motion to deny this case without prejudice and grant the properties in question legal
nonconforming status.
Council Member Burdette provided an overview of the history of this case and the base. He agreed that
this zoning was inconsistent with the zoning at other airports and stated that residential zoning inside
an APZ would raise a red flag during the next BRAC hearing.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Zoning DocketNo. ZC -10 -103 be denied without prejudice. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Ms. Louise Milliner, 3107 Prairie Avenue, appeared before Council in support of Zoning Docket No.
ZC- 10 -104A and requested the zoning remain as currently zoned on 3219, 3221 and 3229 Loving
Avenue, which was "E" Neighborhood Commercial.
Mr. Sergio Galindo, 1300 NW 28th Street, appeared before Council in opposition to Zoning Docket
No. ZC- 10 -104A and stated he was generally in favor of rezoning in this area. He requested his
properties located at 2801 -2805 Chestnut (Rosen Heights Filing, Block 62, Lots 1 and 2) be removed
from consideration for further discussion.
Mr. Ronnie Allen, 6704 Nauret Road, completed a speaker card in opposition to Zoning Docket No.
ZC- 10 -104A, but did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 21 of 27
(ZC- 10 -104A Continued)
Council Member Espino expressed appreciation to the Far Greater Northside Neighborhood
Association for their cooperation and support of the rezoning in this area.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that
Zoning Docket No. ZC- 10 -104A be approved as amended to exclude 3219, 3221 and 3229
Loving Avenue and to continue Rosen Heights First Filing, Block 62, Lots 1 and 2 until the
September 7, 2010, Council meeting. The motion carried unanimously nine (9) ayes to
zero (0) nays.
Mr. Jim Schell, representing the applicant, 901 Fort Worth Club Building, completed a speaker card in
support of Zoning Docket No. ZC -10 -109, 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 -109 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 22 of 27
I,
Family to "E" Neighborhood Commercial. (Recommended for Approval)
Mr. Michael Clark, Applicant, 6750 Hillcrest Plaza #325, Dallas, Texas 75230, completed a speaker
card in support of Zoning Docket No. ZC -10 -110, but did not wish to address the Council.
Council Member Hicks expressed appreciation to Council Member Moss for his support of the
rezoning in this area.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC -10 -110 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
1 1
......' . ,
Development Planned
Alcohol Approval Amended
exclude alcohol sales)
Ms. Janice Michel, Applicant, 2115 Primrose Avenue, appeared before Council in support of Zoning
Docket No. ZC -10 -113 and stated the applicant worked diligently to meet the need of the
neighborhood and other business owners.
The following individuals completed speaker cards in support of Zoning Docket No. ZC -10 -113, but
did not wish to address the Council.
Mr. Chris Wilde, Dunaway Associates, 550 Bailey Avenue (representing the applicant)
Mr. Walter Barber, 2900 Goldenrod Avenue
Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that
Zoning DocketNo. ZC -10 -113 be approved as amended to exclude alcohol sales. The
motion carried unanimously nine (9) ayes to zero (0) nays.
City Secretary Hendrix advised that Zoning Docket Nos. ZC -10 -114 and ZC -10 -115 would be
considered under one (1) motion.
(Mayor Pro tem Scarth left his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 23 of 27
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 24 of 27
(ZC -10 -115 Continued)
automatically be approved. He stated that the request went through a review by the City Zoning
Commission and finally by the Council where a decision would be made. He stated that this issue dealt
with property rights and added neighbors should not be able to force rezoning on another person's
property. He also advised that no one could know what would happen to property values in the future
relative to duplexes or single - family residences. He stated he had three (3) options: (1) make a motion
to rezone all of the properties from "B" Two - Family to "A -5" One - Family; (2) deny the request; or (3)
approve the rezoning for those who signed the petition and deny those who did not sign the petition or
were unable to be contacted. He advised that he would continue this item and that his inclination when
the Council considered this item on October 12 was to approve the rezoning for those who signed the
petition and deny the rezoning for those who did not sign the petition or were unable to be contacted.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Zoning Docket Nos. ZC -10 -114 and ZC -10 -115 be continued until the October 12, 2010,
Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Mayor Pro tem Scarth absent.
(Mayor Pro tem Scarth returned to his place at the dais.)
Mr. Jose Correy, 2939 Clemente Drive, Grand Prairie, Texas 75052, completed a speaker card in
support of Zoning Docket No. ZC -10 -116 and requested his property located at 2813 Ellis Avenue be
removed from consideration in the rezoning request.
Mr. Shatel Patel, 2911 North Main Street, completed a speaker card in opposition to Zoning Docket
No. ZC -10 -116 and requested his property located at 2911 North Main Street be continued for two (2)
weeks to a future Council meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 25 of 27
ORDINANCE NO. 19266 -08 -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
AUGUST 3, 2010
PAGE 26 of 27
The motion carried unanimously nine (9) ayes to zero (0) nays.
XV. CITIZEN PRESENTATIONS
� � �
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised that the individuals who
spoke at a previous meeting in opposition to being annexed by the City were accused of not wanting to
pay taxes and he stated the real reason was that they received better services from Tarrant County. He
also advised that he would not support the modern street car initiative and felt the majority of the
citizens would feel the same way. He stated the Intermodal Transportation Center would be a good
location for large trucks and buses to be routed for the safety of pedestrians in the downtown area. He
referenced a fatality accident which occurred last week where a woman was struck by a bus and
displayed photographs of buses stopped in crosswalks. He pointed out that the bus driver involved in
the accident was very experienced, but that this was a very dangerous area.
(Council Member Espino returned to his place at the dais.)
Other Citizen Presentations:
Ms. Judy Williams, 9815 Shady Lane, appeared before Council and advised she represented a grass
roots effort of citizens called, "Citizens Opposing Mary's Creek Sewage Plant in our Neighborhood."
She spoke in opposition to proposed water recycling facility site numbers two (2) and four (4) at the
Mary's Creek location and requested the sites be removed from consideration. She provided 139
additional signatures in opposition on petition pages to the City Secretary. She stated it was
inappropriate to build a water recycling facility in the middle of an existing neighborhood and in close
proximity to schools and churches. She advised that her position had not changed since her comments
on March 9, 2010.
The following individuals completed citizen presentation cards and were recognized by Mayor
Moncrief but were not present in the Council Chamber.
Ms. Juanita Salinas, 4109 South Henderson Street
Mr. Don Sabo, 3816 Carman Street
Council Member Espino requested that the Council return to Zoning Docket No. ZC -10 -116 for
reconsideration.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Zoning
Docket No. ZC -10 -116 be reconsidered. The motion carried unanimously nine (9) ayes to
zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2010
PAGE 27 of 27
(ZC- 10-116 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that
Zoning Docket No. ZC -10 -116 be approved as amended and deny without prejudice 2813
Ellis Avenue and continue 3221 North Main Street, 312 N.W. 28th Street, 2911 North Main
Street, 2913 North Main Street and 3107 North Main Street until the August 24, 2010,
Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
XVH. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:57 p.m. in memory of Preston Wright,
Jr., 89, who passed away on July 19, 2010.
These minutes approved by the Fort Worth City Council on the 10t' day of August, 2010.
Attest:
Approved:
Marty Hen Michae . ncri
City Secretary Mayor