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HomeMy WebLinkAbout2006/10/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:02 p.m. on Tuesday, October 10, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Pastor Victor Sullivan, Lamb of God Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of October 3, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for Lights on After School Special Day! to Miguel Garcia, Director of Fort Worth After School. Presentations Mayor Pro tem Hicks presented a Proclamation for Domestic Violence Awareness Month to Michelle Murrah, Victims Assistance Coordinator, Fort Worth Police Department. Agenda Item VI Mayor Pro tem Hicks recognized Mr. Kemp from Highland Hills who would Announcements celebrate his 70th birthday on October 14, 2006. She expressed appreciation to Mr. Kemp for all he did for District 8 and the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 2 of 16 Agenda Item VII There were no items removed from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15424 be withdrawn and G-15424 (Corrected) be continued until December Withdrawn By 12, 2006. Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1579 M&C OCS-1579 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15437 M&C G-15437 - Authorizing a contract with the Fowler Group to execute the Execute Regional Regional Disaster Education Project in the amount of $250,000.00 from grant Disaster funds. Education Project G-15438 M&C G-15438 - Approving the reimbursement of $117,500.00 to the Pay Line of Credit Community Development Block Grant (CDBG) line of credit to bring closure for Resolution of to the 2001 Single Audit HUD Review; and increasing the appropriation of the Audit Finding Grants Fund by $117,500.00, contingent upon the CDBG line of credit being Concerning increased by the U.S. Department of Housing and Urban Development for Business resolution of audit finding concerning the Business Assistance Center. Assistance Center G-15439 M&C G-15439 - Authorizing the transfer of $315,000.00 from Rental Transfer Rental Rehabilitation Program Income to replace a previously authorized allocation of Rehabilitation Community Development Block Grant Program Income to the Fort Worth Program Income Housing Finance Corporation for the purpose of developing low and moderate for Development income housing. of Low and Moderate Income Housing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 3 of 16 G-15440 M&C G-15440 - Approving the amendment of the singlemember district map Amend District to reflect a boundary adjustment in Council District 7. Map to Reflect Boundary Adjustment in Council District 7 G-15441 M&C G-15441 - Adopting Appropriation Ordinance No. 17230-10-2006 Ord. No. 17230- increasing the estimated receipts and appropriations in the Special Trust Fund 10-2006 in the amount of $72,061.01 from available funds, for the purpose of funding Authorize various grant specific expenditures in the Police Department; and authorizing Expenditure of the expenditure of $72,061.01 of program income generated by the expired Special Narcotics Special Narcotics Grant in accordance with approved grant activities. Grant Program Income for Grant Activities G-15442 M&C G-15442 - Authorizing the City Manager to continue to retain the law Res. No. 3418-10- firm of Kelly, Hart and Hallman as outside counsel pursuant to Chapter VI, 2006 Section 3 of the City Charter to assist the City Attorney in advising the Water Continue Department in legal matters related to water, wastewater and environmental Employment of issues; and adopting Resolution No. 3418-10-2006 fixing in advance, as far as Outside Counsel to practicable, the compensation to be paid to Kelly, Hart and Hallman at an Advise City amount not to exceed $100,000.00. Attorney in Wastewater and Environmental Issues P-10464 M&C P-10464 - Authorizing a purchase agreement with Quality Counts, Inc., Traffic Count for traffic count services for the Transportation/Public Works Department based Services on best value with payment due 30 days after receipt of invoice; and authorizing this agreement to begin October 3, 2006, and expire October 2, 2007, with options to renew for two additional one-year periods. L-14254 M&C L-14254 - Authorizing the acquisition of four single-family residences Acquire Property located on the west side of Meacham International Airport, Fort Worth, Texas, for Meacham from the individual owners as detailed below in conjunction with the Meacham International International Airport Noise Mitigation Program (DOE 5101); and Airport Noise Mitigation Program CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 4 of 16 Seller Address Legal Description Jessie Jones 1108 NW 36th St. Lot 17,Block 1, Airport Acres Addition William Brown 3506 Columbus Ave. Lot 7, Block 5,Airport Acres Addition Pablo &Elvira Garcia 3512 Columbus Ave. Lot 4, Block 5,Airport Acres Addition Conrado &Elizabeth 3514 Columbus Ave. Lot 3, Block 5,Airport Conchas Acres Addition Finding that the total cost of$221,500.00 is just compensation; and authorizing the acceptance and recording of appropriate instruments. C-21752 M&C C-21752 - Authorizing the City Manager to execute a contract in the Arts Council of amount of $310,000.00 with the Arts Council of Fort Worth and Tarrant Fort Worth and County for their promotion of artistic and cultural activities. Tarrant County C-21753 M&C C-21753 - Authorizing the City Manager to execute a contract in the Fort Worth amount of$539,072.00 with the Fort Worth Museum of Science and History to Museum of promote artistic and cultural activities. Science and History C-21754 M&C C-21754 - Authorizing the City Manager to execute a contract in the Fort Worth Sister amount of$357,000.00 with Fort Worth Sister Cities International to administer Cities the Fort Worth Sister Cities Program. International C-21755 M&C C-21755 - Authorizing the City Manager to execute a contract with the Van Cliburn Van Cliburn Foundation, Inc., in the amount of $62,500.00 to promote artistic Foundation, Inc. and cultural activities. C-21756 M&C C-21756 - Authorizing the City Manager to execute a contract with the Ord. No. 17231- U.S. Equal Employment Opportunity Commission (EEOC) to process 10-2006 employment discrimination cases for Fiscal Year 2006-2007 in an amount up to U.S. Equal $115,200.00; adopting Appropriation Ordinance No. 17231-10-2006 increasing Employment estimated receipts and appropriations in the Grants Fund in the amount of Opportunity $115,200.00 subject to execution of a contract with the U.S. Equal Employment Commission Opportunity Commission for the purpose of funding fair employment opportunity activities; and authorizing a non-interest bearing interfund loan CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 5 of 16 from the General Fund to the Grants Fund in the amount of $58,000.00 for interim financing of this grant, pending contract execution with the EEOC to ensure a smooth transition from one grant funding period to another. C-21757 M&C C-21757 - Authorizing the City Manager to execute an amendment to the Amend CSC No. City's contract with Worker's Assistance Program, Inc., (City Secretary 28150 -Worker's Contract No. 28150) for third party administration of the City's Employee Assistance Assistance Program extending the term of the contract by three months and Program, Inc. increasing compensation thereunder by an amount not to exceed $25,000.00. C-21758 M&C C-21758 - Authorizing the payment of relocation, moving and other Pay Relocation, related expenses to displaced homeowners/tenants in connection with the Noise Moving and Other Mitigation Program, Phase V (DOE 5101) at Fort Worth Meacham Related Expenses International Airport for a maximum total amount of$869,500.00. for Meacham International Airport Noise Mitigation Program, Phase V C-21759 M&C C-21759 - Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 32887 with Oscar Renda Contractors, Inc., for 2 to CSC No. Northside 11, Water Main Extension Phase 11, Section B, Unit 513 Project 00230 32887 - Oscar in the amount of $42,500.00 to provide for additional pay items quantities, Renda thereby increasing the contract amount to $5,749,000.00. Contractors, Inc. C-21760 M&C C-21760 - Authorizing the City Manager to execute amendments to the Amend CSC Nos. interlocal agreements with the U.S. Department of Justice, Drug Enforcement 28047 & 28048 - Agency (DEA) Multi-Agency and DEA Dallas/Fort Worth Airport (D/FW) U.S. Department Task Forces for Fiscal Year 2006-2007; and authorizing the amendments to the of Justice, DEA agreements to begin September 30, 2006, and expire September 30, 2007. Multi-Agency & DEA D/FW Airport Task Forces The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 6 of 16 Agenda Item X Council Member Espino made a motion, seconded by Council Member Silcox, Presentations by that Detective Darrin Young be appointed to the Animal Shelter Advisory City Council Committee effective October 10, 2006, and with a term expiring October 1, Appointments 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI Council Member Jordan announced that the Infrastructure and Transportation Committee Committee had an update on the implementation of the Zucker Commission Presentations findings today and reported that the Development Department, working with the Development Advisory Committee, were making significant progress and getting the permitting process under control. Agenda Item XIII There was presented a resolution re-appointing members to serve on the Fort Res. No. 3419-10- Worth Art Commission and filling three vacancies due to resignations, as 2006 follows: Re-Appoint Members and Fill Name Tyne Place Expiration of Term Vacancies on Fort Worth Art Regina Blair Community 1 September 30, 2007 Commission Representative Becky Lawton Art Professional 2 September 30, 2008 (Curator) Eva Bonilla Community 3 September 30, 2007 Representative Albert Komatsu Art Professional 4 September 30, 2008 (Design) Kirk Millican Art Professional 5 September 30, 2007 (Design) Eduardo E. Art Professional 6 September 30, 2008 Aguilar, Sr. (Practicing Artist) Helen Sides Community 7 September 30, 2007 Representative Randall Giedeon Community 8 September 30, 2008 Representative Mark Art Professional 9 September 30, 2007 Thistlethwaite Council Member Burdette made a motion, seconded by Council Member Espino, that Resolution No. 3419-10-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 7 of 16 Res. No. 3420-10- There was presented a resolution to name Fire Station No. 8 the Vince 2006 Genovese Fire Station 8. Name Fire Station No. 8 the Vince Mayor Moncrief expressed appreciation to the Council for their immediate Genovese Fire response to his request to name Fire Station No. 8 after Mr. Genovese. He Station 8 added that Mr. Genovese was informed of the City's intention before his passing and that he was very appreciative. He stated that services for Mr. Genovese would be on October 13, 2006, with visitation on the evening of October 12, 2006, at Laurel Land. He read the resolution into record as follows: A RESOLUTION TO NAME FIRE STATION NUMBER 8 THE VINCENT GENOVESE FIRE STATION 8 WHEREAS, Vincent Genovese rose from humble beginnings as a butcher and vacuum cleaner salesman in Sherman, Texas; and WHEREAS, Vince Genovese went on to build the multi-million dollar Powr-Flite Vacuum Cleaner Company in Fort Worth, Texas; and WHEREAS, after learning of the need for bulletproof vests in the Fort Worth Police Department Vince Genovese purchased more than 200 vests and refused accolades; and WHEREAS, after being impressed by the technology and seeing the need, Vincent Genovese purchased thermal imaging devises for the Fort Worth Fire Department; and WHEREAS, in many other ways Vince Genovese met many needs of Fort Worth Police Officers and Fire Fighters without revealing his name; and WHEREAS, Vince Genovese has made extraordinary contributions for the betterment of all Fort Worth; and WHEREAS, Vince Genovese's contributions have greatly advanced the achievement of the City Council's vision for Fort Worth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: Fire Station 8 will hereby be named the Vince Genovese Fire Station 8. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 8 of 16 Mayor Moncrief made a motion, seconded by Council Member Silcox, that Resolution No. 3420-10-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief recognized members of Fire Station 8 and other firefighters in the audience who attended the Council meeting in support of the resolution. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15424 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15424, dated September 26, 2006, Authorize Request for Variances from Section 15-42.A.26 of the Gas Well Ordinance to Dispose Saltwater from Multiple Privately Owned Lease Wells into the Shallow Caddo Sand Formation, be withdrawn. G-15424 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15424 Corrected, Consideration of Request from December 12, 2006 Section 15-42.A.26 of the Gas Well Ordinance to Dispose Salt Water from Multiple Privately Owned Lease Wells into the Shallow Caddo Sand Formation, be continued until December 12, 2006. (Council Member Wheatfall stepped away from the dais and left the meeting.) G-15443 There was presented Mayor and Council Communication No. G-15443 from Ord. No. 17232- the City Manager recommending that the City Council adopt an appropriation 10-2006 ordinance increasing estimated receipts and appropriations in the Rental Reimburse Line of Rehabilitation Fund in the amount to $35,569.00 from a transfer from the Credit from Handley Model Block Program Grant Fund, for the purpose of funding a Rental reimbursement to the U.S Department of Housing and Urban Development for Rehabilitation an ineligible expenditure; approve the reimbursement of$35,569.00 to the U.S. Fund Department of Housing and Urban Development for ineligible expenditures; and increase the appropriation of the Grants Fund by $35,569.00, contingent upon the HOME line of credit being increased by the U.S. Department of Housing and Urban Development. (Council Member Silcox stepped away from the dais.) City Manager Boswell stated that the ordinance needed to be amended to change the fiscal year from "2005-2006" to "2006-2007". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 9 of 16 Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15443 be approved and Appropriation Ordinance No. 17232-10-2006 be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. G-15444 There was presented Mayor and Council Communication No. G-15444 from Rezone Properties the City Manager recommending that the City Council authorize the City in Vicinity of Manager to initiate rezoning of certain properties in the vicinity of Granbury Granbury Road Road and Columbus Trail located within the J.J. Albarado Surveys described as and Columbus Tract I from "C" Medium Density Multifamily to "A-5" One-Family and in the Trail in District 6 J. Asbury Survey described as Tract 11 from "C" Medium Density Multifamily in Accordance and "PD" Planned Development to "E" Neighborhood Commercial and "G" with 2006 Intensive Commercial in Council District 6 in accordance with the 2006 Comprehensive Comprehensive Plan. Plan (Tract 11) Tract 1 Continued Council Member Jordan made a motion, seconded by Council Member Espino, for One Week that Tract 2 as reflected on Mayor and Council Communication No. G-15444 be approved and that Tract 1 be continued for one week to the October 17, 2006, City Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. L-14255 There was presented Mayor and Council Communication No. L-14255 from the Condemn City Manager recommending that the City Council declare the necessity of Property for taking an interest in a portion of land known as Tract 11307C1, Abstract No. Right-of-Way for 1047, John C. McCommas Survey, Tarrant County, Texas, owned by William Construction of H. and Betty Bowles for right-of-way that is required for the construction of a Cul-De-Sac on cul-de-sac on Mesquite Road (DOE 4572); and authorize the City Attorney to Mesquite Road institute condemnation proceedings to acquire interest in the land. Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14255 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 10 of 16 PZ-2698 There was presented Mayor and Council Communication No. PZ-2698 from the Establish City Manager recommending that the City Council approve the annexation Timetable for timetable for proposed voluntary annexation of approximately 34.7 acres of Proposed land, or 0.05 square miles (more or less), located east of Boat Club Road and Voluntary north of Bailey Boswell Road and south of Park Drive (AX-06-007 Parks at Annexation Boat Club) in order to annex the subject property for full purposes in (AX-06-007 Parks compliance with the requirements of Chapter 43 of the Local Government Code at Boat Club) of the State of Texas; and direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. Council Member Burdette advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2698 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent and Council Member Burdette abstaining. C-21761 There was presented Mayor and Council Communication No. C-21761 from the Res. No. 3421-10- City Manager recommending that the City Council approve a resolution 2006 approving and authorizing the execution of an Interlocal Agreement with Tarrant County, Tarrant County, Texas, concerning the regulation of subdivisions and approval Texas of related permits in the City of Fort Worth's Extraterritorial Jurisdiction. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21761 be approved and Resolution No. 3421-10-2006 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. C-21762 There was presented Mayor and Council Communication No. C-21762 from the Community-Based City Manager recommending that the City Council authorize the City Manager Organizations to execute contracts with nine community-based organizations to conduct programs in support of the Crime Control and Prevention District goals. 1. Camp Fire USA First Texas Council -Diamond Hill Station -$10,000.00 2. Crestwood Crime Control -Code Blue Enhancement- $6,019.00 3. The Women's Center of Tarrant County - Sexual Abuse Education (Adults and Children) - $18,197.00 4. Latin Arts Association of Fort Worth - Teatro de la Rosa Outreach - $22,000.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 11 of 16 5. YMCA of Metro Fort Worth -Y-Teen Force - $26,010.00 6. HIKIDS -Helping Inner City Kids in Danger- $17,300.00 7. UMOJA-Behavior Modification Program -$16,929.00 8. Fort Worth Country Day School - Summerbridge Program -$25,219.00 9. The Cultural Center of the Americas -ART as the Bridge to Changes in Youth - $45,600.00 Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21762 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. Agenda Item XV It appeared that the City Council set today as the date for the first public First Public hearing for an annexation of an approximately 107.4 acre tract of land, situated Hearing for in the NS. Creed Survey, A-1898, Tarrant County, Texas (AX-06-002). Mayor Annexation Moncrief opened the public hearing and asked if there was anyone present (AX-06-002) desiring to be heard. Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report and recommended the public hearing be closed. There being no one present desiring to be heard in connection with the first public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. First Public It appeared that the City Council set today as the date for the first public Hearing for hearing for an annexation of an approximately 4.7 acre tract of land, situated in Annexation the William McCowen Survey, Abstract No. 999 and the right-of-way of Ray (AX-06-003) White Road adjacent to said tracts, Tarrant County, Texas (AX-06-003). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Allison Gray, Senior Planner, Development Department, appeared before Council, gave a staff report and recommended the public hearing be closed. There being no one present desiring to be heard in connection with the first public hearing, Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 12 of 16 AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-171 It appeared that the City Council, at its meeting of October 3, 2006, continued SP-06-032 the hearing of the application of Lucy Pham for a change in zoning of property Continued Until located at 1222 and 1224 Clinton Avenue from "FR" General Commercial October 24, 2006 Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial; excluding the following uses: pawn shop, tattoo parlor, massage parlor; beer and wine sales only; hours of operation are Monday through Thursday 5:30 a.m. to 11:00 p.m., Friday through Sunday 5:30 a.m. to 12:00 a.m.; a seven foot masonry screening wall fence shall be placed at the rear of the property with a gate and knox lock; any lighting to be directed away and downward from single-family residences, and with site plan required, Zoning Docket No. ZC-06-171 and Site Plan No. SP-06-032. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Lucy Pham, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-06-171 and Site Plan No. SP-06-032 be continued until October 24, 2006. The motion carried seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. ZC-06-208 It appeared that the City Council, at its meeting of October 3, 2006, continued SP-06-033 the hearing of the application of Diversified Capital for a change in zoning of Continued Until property located at 1401 South Main Street, 1290 Bryan Avenue and 1717 November 14, Calhoun Street from "CF" Community Facilities to "PD/SU" Planned 2006 Development/Specific Use for all uses in "MU-2" High Intensity Mixed Use, with site plan required, Zoning Docket No. ZC-06-208 and Site Plan No. SP- 06-033. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Diversified Capital, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-208 and Site Plan No. SP-06-033 be continued until November 14, 2006. The motion carried seven (7) ayes to zero (0) nays, with Council Members Silcox and Wheatfall absent. (Council Member Silcox returned to his chair at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 13 of 16 Item XVII Ms. Camilla Reid, 8600 Watercress, appeared before Council relative to the Citizen critical need for fire hydrants along the three miles of Wildwood Park to Presentations Jacksboro Highway. She advised the Council of a fire very close to her home Camilla Reid created the need for a response by ten fire trucks since there were no fire hydrants located near her residence. She recommended that the City install sufficient fire hydrants to preclude the expenditure of funds and unnecessary use of City resources. Tom Reid Mr. Tom Reid, 8316 Heron Drive, appeared before Council relative to using the revenue from the gas drilling at Lake Worth for the installation of flood gates on the spillway of the dam at Lake Worth. He also stated there was a need for additional City water and fire hydrants on Lake Worth. Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance, appeared before Council relative to the needs of Lake Worth. He asked residents of Lake Worth in the audience to stand and be recognized. He stated that residents of the lake were not against drilling at the lake, but that they wanted the minerals to not be harvested from private land that may be future park land. Ev Muelder Ms. Ev Muelder, 6909 Windswept Circle, appeared before Council and presented a petition from the Lake Worth Alliance that was signed by 1,385 representatives of neighborhood associations on Lake Worth. She presented written comments and stated that residents were concerned with the conservation, reclamation, rehabilitation, and preservation of the lake that provided approximately one-fourth of the drinking water supplied to Fort Worth and 29 surrounding communities. She added that revenues from the Barnett Shale should be dedicated for the maintenance of the lake. Gale Cupp Ms. Gale Cupp, 9225 Heron Drive, appeared before Council relative to the importance of the parks at Lake Worth including the Fort Worth Nature Center and Refuge. She provided written comments to the Council and stated that eight percent of the City's parks were on the lake and as the City's population increased, park land would be proportionately acquired to meet the demands of the residents. She added that residents of the lake considered themselves as stewards of the lake and asked that the Council consider the many amenities at Lake Worth along with their consideration of dredging the lake. Shelley Harper Ms. Shelley Harper, 6401 Cahoba, Director of the East Lake Worth Association, appeared before Council and using an overhead site plan, she pointed out the area she represented and expressed concern with the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2006 PAGE 14 of 16 ramifications of the gas drilling on Lake Worth and questioned what the oil and gas companies contributed to neighborhoods on the lake. She requested that the Council peruse all Requests for Bids for gas drilling at the lake cautiously and allow the residents to have input on them. Art Rogers Mr. Art Rogers, 7808 Vinca Circle, appeared before Council and stated that Lake Worth was the oldest man-made lake in Texas. He added that the lake had been ignored for too long for any type of restoration and recommended that revenues generated as a result of gas drilling at the lake, be used for the rehabilitation of the lake. Mayor Moncrief stated that the Council was very sensitive to the treasure called Lake Worth. He added that he knew of the many challenges residents at the lake faced, e.g., flooding, security, and other issues that were indicative of an older area of the City. He further stated that the Council was working very closely with the staff and monitoring who the City does business with to comply with their own responsibilities to recover the resources that would lead to the improvement of the quality of life and also comply with state law. He assured the residents of Lake Worth that the Council was doing everything in their power to protect the lake. Council Member Burdette stated that he attended a meeting of the East Lake Worth Neighborhood Association on October 8, 2006, and reiterated Mayor Moncrief's comments. He added there was not a person on the Council that did not understand and appreciate the need for clean water or the water that the City was going to need as it continued to grow and the large role Lake Worth played in that need. He further stated that the staff was already working on plans for getting underway to make leases of the City's minerals with one or more gas drillers to hopefully start reaping benefits from that drilling. He assured lake residents that the City was not going to ignore Lake Worth or the needs of the lake. He advised that the process took time which included extensive engineering studies to study how the lake could be improved and how the sediment could be pulled from the lake in the safest and most expeditious manner. Council Member Davis stated that she wanted to ensure everyone understood about distribution of gas well revenues. She referred to a discussion of the Council a few weeks ago where Council Member Burdette strongly supported and requested that the staff look at using revenues from Lake Worth for the purposes of resolving the issues that exist at the lake. She stated that there was a little more work to be done on the independent third party report on the lake CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 15 of 16 in terms of updating the report. She stated that as the Council looked at the revenue expenditure policy, they would also look at making sure that some of those revenues were used specifically for the lake. Robert Crow Mr. Robert Crow, 8416 Blue Heron Court, was recognized by Mayor Moncrief as desiring to address the Council relative to Lake Worth, but stated that his concerns had already been addressed by the previous speakers. Bruce Wilson Mr. Bruce Wilson, 425 Commerce Street, appeared before Council relative to the proposed changes to the existing smoking ordinance. He referred to a letter from Mr. Steinman that outlined concerns regarding the proposed smoking ban as it would apply to their business, City Streets. He stated that a few municipalities had reached a middle ground at providing an exception to a ban that an establishment may designate an outside patio area as a smoking permitted area. He added that a majority of municipalities both nationwide and in the State of Texas which had passed a smoking free ordinance, had done so in a manner that exempted bars and nightclubs from those restrictions. He stated that this less restrictive type of ordinance avoided a very serious situation that City Streets may find itself in if the proposed ordinance was passed. He advised that unlike most restaurants and other nightclub competitors, City Streets was located in a basement of a building and that presented a distinctive dilemma, as the single exception to the smoking ban was currently imposed was a physical impossibility for their nightclub as it could not have an outdoor patio. He added that in the interest of preserving the free market and their ability to compete, they suggested that there must be some alternative solution in order to level the playing field. He pointed out that Mr. Steinman's letter mentioned the City of Austin created a solution by carving out an exception to those restaurants that were granted restricted permits by the City. He further stated that Austin lawmakers remedied fundamental unfairness which would have been created by a ban that penalized an establishment based on its location or architecture. He concluded by stating that it was imperative that an exception to the ban be created for those bars and nightclubs that could not create an outdoor smoking area. Council Member Davis stated that Council Member Wheatfall had requested information on the issue raised by Mr. Steinman and advised that a number of public hearings would be conducted and that a lot of input would be provided. She added that City staff would bring back information on how the City of Austin handled the smoking situation as it was a good compromise. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 10, 2006 PAGE 16 of 16 George Barnes Mr. George Barnes, 5317 Bonnell Avenue, appeared before Council and asked that the City Council no longer recognize the Lake Como Neighborhood Advisory Council. He advised the City Council of alleged improprieties of members of the Lake Como Council and asked the City Council to take the appropriate action. Mayor Pro tern Hicks suggested that the Director of Community Relations, Vanessa Boling, be contacted to provide mediation for these two groups to try to resolve their differences. Joe Don Brandon Mr. Joe Don Brandon, 1415 E. Lancaster, was recognized by Mayor Moncrief as desiring to address the Council relative to equal rights at Council meetings, removal of a crosswalk and crosswalk lights at East Lancaster and Cypress, and alleged efforts against the homeless community; however, Mr. Brandon was not present in the Council Chamber. Agenda Item XIX There being no further business,the meeting was adjourned at 8:09 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 17th day of October, 2006. Attest: Approved: Marty endrix Michael J. Monc of City Secretary Mayor