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HomeMy WebLinkAbout2011/02/08-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 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 Ctnff Pri vimt Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:04 p.m., on Tuesday, February 8, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Scarth temporarily absent. IL INVOCATION m Pastor Jonathan Adams, Mount Gilead Baptist Church The invocation was provided by Pastor Jonathan Adams, Mount Gilead Baptist Church III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 25,20 1 Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that the minutes of the regular meeting of January 25, 2011, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent. (Mayor Pro tem Scarth assumed his place at the dais). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 2 of 27 1 I, 1 1 P Interim City Manager Higgins requested that Mayor and Council Communication Nos. G- 17193, C- 24721 and C -24724 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF Interim City Manager Higgins requested that Mayor and Council Communication No. G -17200 be continued until the March 22, 2011, Council meeting. VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17192 - Adopt Appropriation Ordinance in the Amount of $50,000.00 from the Cable Communication Office's Public Education and Governmental Funds to Fund Capital Expenses Related to City Cable Facilities. The City Council approved the following recommendation: Authorize the City Manager to Adopt Appropriation Ordinance No. 19537-02-2011 Increasing the Estimated Receipts and Appropriations in the Cable Facilities Expenditure Section of the Special Trust Fund in the Amount of $50,000.00, From Available Public Education and Governmental (PEG) Funds, for the Purpose of Funding Certain Capital Costs Associated with the City's Cable Access Facilities. 3. M &C G -17194 - Authorize Temporary Closure of Old Weatherford Road Between Hickory Bend and Chapin Road from February 2, 2011 to May 7, 2011 to Facilitate the Installation of a Fifty Four Inch Pipeline to Provide Raw Water to the New Westside Water Treatment Plant. The City Council approved the following recommendation: Authorize the Temporary Road Closure of Old Weatherford Road Between Hickory Bend and Chapin Road From February 2, 2011, through May 7, 2011, to Facilitate the Installation of a 54 -Inch Pipeline to Provide Raw Water to the New City of Fort Worth's Westside Water Treatment Plant. 4. M &C G -17195 - Authorize Acceptance of a Revised Awarded Grant Amount of $366,947.00 with the Texas Department of Transportation for Preliminary Engineering and Construction of Safe Routes to School Project Improvements, in the Keller School District, Adopt Supplemental Appropriation Ordinance, and Adopt Resolution Authorizing the Execution of a Local Project Advance Funding Agreement in the Amount of $366,947.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 3 of 27 (VII. CONSENT AGENDA Continued) (G -17195 Continued) The City Council approved the following recommendation: Authorize the City Manager to Adopt Resolution No. 3965 -02 -2011 Authorizing the Execution of a Local Project Advance Funding Agreement With the Texas Department of Transportation for Design and Construction of Bike Lanes on Parkwood Hill and Redwood Trail, Bike Route on Park Vista to Include Two (2) Speed Radar Feedback Signs and Three (3) ADA Compliant Pedestrian Crosswalks With Median Refuge Islands on Park Vista at Ash River, Redwood Trail and Glen Canyon Under the Safe Routes to School Program in the Keller School District; and Adopt Appropriation Ordinance No. 19538 -02 -2011 Increasing the Estimated Receipts and Appropriations in the Grant Fund in the Amount of $31,947.00, Subject to Receipt of a Grant From the Texas Department of Transportation for the Purpose of Funding the Safe Routes to School Project Improvements. C. Land - Consent Items 1. M &C L -15138 - Authorize Fee Acquisition of 0.024 Acres for Right -of -Way, Located at 708 Edgewood Terrace South from Enrique Acevedo and Maria Hernandez for a Total of $1,695.00 and Pay the Estimated Closing Costs Up to $1,500.00 for the Avenue M, Edgewood Terrace South and Valley Vista Drive Pavement Reconstruction Project 5B. The City Council approved the following recommendation: Authorize the Fee Acquisition of 0.024 Acre of Right -of -Way, Excluding Minerals, Located at 708 Edgewood Terrace South, Fort Worth, Texas 76103, Described as a Portion of Lots Z and 4A, Block 22, Murray Hill Addition, Tarrant County, Texas, From Enrique Acevedo and Maria Hernandez; Find That the Price of $1,695.00, is Just Compensation for the Acquisition; and Authorize the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and Pay the Estimated Closing Costs Up to $1,500.00 for the Avenue M, Edgewood Terrace South and Valley Vista Drive Pavement Reconstruction Project 5B. 2. M &C L -15139 - Authorize Acquisition of 0.206 Acres of Land for a Permanent Sanitary Sewer Easement Located at 6295 Randol Mill Road from Focus 2000 Ltd., for the Amount of $145,000.00 and Pay Estimated Closing Costs Up to $6,000.00. The City Council approved the following recommendation: Approve the Acquisition of a Sanitary Sewer Easement From Focus 2000 Ltd., Located on Abstract No. 1302, Tract 2E, James F. Redding Survey, at 6295 Randol Mill Road in East Fort Worth for the Sanitary Sewer Main M -253 Rehab Project, and Pay the Estimated Closing Costs Up to $6,000.00; Find That the Appraised Value of $145,000.00 is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 4 of 27 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 2. M &C C -24722 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 36633, Economic Development Program Agreement with Carlyle /Cypress West Seventh, LP, for the Mixed -Use Development at West Seventh Street and University Drive to Allow Collateral Assignments. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 36633, an Economic Development Program Agreement With Carlyle /Cypress West Seventh, LP, for the Mixed -Use Development at West Seventh Street and University Drive to Allow Collateral Assignments of the Agreement. 3. M &C C -24723 - Authorize Engineering Agreement in the Amount of $49,455.00 with Stream Water Group, Inc., for the Verna Trail Drainage Improvements Project. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement With Stream Water Group, Inc., in the Amount of $49,455.00 for Scope Assessment of Verna Trail Drainage Improvements Project. 5. M &C C -24725 - Authorize Execution of an Engineering Agreement in the Amount of $145,889.00 with Hamilton Civil Engineering for Water and Sanitary Sewer Replacement Contract 2010, STM -C on College Avenue, Travis Avenue, West Anthony Street, South Henderson Street, James Avenue and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $176,889.00 From the Water and Sewer Fund, $139,824.34 to the Water Capital Projects Fund and $37,064.66 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19539 -02 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2010 STM -C on College Avenue From West Biddison Street to West Dickson Street; Travis Avenue From West Biddison Street to West Dickson Street; West Anthony Street From Hemphill Street to College Avenue; South Henderson Street From Bolt Street to Flint Street and James Avenue From West Berry Street to West Biddison North Street; and Authorize the City Manager to Execute a Contract in the Amount of $145,889.00 With Hamilton Civil Engineering. 6. M &C C -24726 - Authorize Change Order No. 4 in the Amount of $475,525.00 to City Secretary Contract No. 39679 with S.J. Louis Construction of Texas, Ltd., for Water and Sanitary Sewer Improvements on Edwards Ranch Road, Phase III and Clearfork Main Street and Adopt Appropriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 5 of 27 (VII. CONSENT AGENDA Continued) (C -24726 Continued) The City Council approved the following recommendation: Authorize the Transfer of $475,525.00 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of $468,925.00 and the Sewer Capital Projects Fund in the Amount of $6,600.00 From Available Funds; Adopt Appropriation Ordinance No. 19540 -02 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Water and Sanitary Sewer Improvements on Edwards Ranch Road, Phase III and Clearfork Main Street; and Authorize the City Manager to Execute Change Order No. 4 in the Amount of $475,525.00 to City Secretary Contract No. 39679 With S.J. Louis Construction of Texas, Ltd., Thereby Increasing the Contract Amount to $3,251,012.30. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1801 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. A. General - (Removed from Consent for Individual Consideration) 2. M &C G -17193 - Adopt Ordinance Suspending the Effectiveness of New Rates Proposed by Oncor Electric Delivery Company, LLC, and Authorize the Retention of Consultants to Evaluate the Proposed Rates. The recommendation was that the City Council Adopt an Ordinance Suspending Implementation of the Rate Schedule Proposed by Oncor Electric Deliver Company, LLC, as Reflected in the "Petition and Statement of Intent of Oncor Electric Delivery Company, LLC, for Authority to Change Rates" Filed by Oncor Electric Delivery Company, LLC, on January 7, 2011, Until (i) May 15, 2011, or Otherwise for the Maximum Period Permitted by Law, or (ii) the Effectiveness of a Rate Order Adopted by the City Council, Whichever Date is Earlier; Establishing Rates to be Charged by Oncor Electric Delivery Company, LLC, During the Period of Suspension; Authorizing the Participation in a Steering Committee of Other Cities Analyzing Similar Rate Change Filings by Oncor Electric Delivery, LLC, and the Hiring of Consultants and Attorneys Therewith; Directing That Oncor Electric Delivery Company, LLC, Reimburse the City for All Such Reasonable Expenses; Adopting Declarations and Findings in Preamble; and Authorize the City Manager to Negotiate With the Company, Make Recommendations to the City Regarding Reasonable Rates, and Direct any Administrative Proceedings or Litigation Associated With the Rate Adjustments Filed With the City or With the Public Utility Commission. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 6 of 27 (A. General - Removed from Consent for Individual Consideration Continued) (G -17193 Continued) Mayor Pro tem Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Mr. Michael Guyton, 115 West 7th Street, completed a speaker card in support of Mayor and Council Communication No. G -17193 but did not wish to address the Council. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17193 be approved and Ordinance No. 19541 -02 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. E. Award of Contract (Removed from Consent for Individual Consideration) 1. M &C C -24721 - Authorize Acceptance of Up to $300,000.00 of Targeted Low Income Weatherization Program Funds from Frontier Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, Authorize Related Contracts and Adopt Appropriation Ordinance. The recommendation was that the City Council Authorize the City Manager to Accept, if Awarded, a Grant Up to $300,000.00 From Frontier Associates, LLC, Administrator for Oncor Electric Delivery Company, LLC, for a Targeted Low - Income Weatherization Program for the Year 2011; Authorize the City Manager to Execute, Amend, Extend or Renew Necessary Contracts in Accordance With City of Fort Worth Policies and Regulations Upon Mutual Agreement With Frontier Associates, LLC, Acting on Behalf of Oncor Electric Delivery Company, LLC; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund Subject to Receipt of the Grant. Mayor Pro tem Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24721 be approved and Appropriation Ordinance No. 19542 -02 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 7 of 27 E. Award of Contract (Removed from Consent for Individual Consideration) 4. M &C C -24724 - Authorize the City Manager to Sign a Notice of Quiet Zone Establishment Certification for the Creation of the Hemphill West Quiet Zone that Includes Burlington Northern Santa Fe Railway Company Crossings at Lipscomb Street, Capps Avenue, Hemphill Street and Page Street and Authorize the City Manager to Enter Into an Agreement with Burlington Northern Santa Fe Railway Company for Railroad Signal Upgrades in the Amount of $382,618.00. The recommendation was that the City Council Authorize the City Manager to Sign a Notice of Quiet Zone Establishment Certification for the Creation of the Hemphill West Quiet Zone That Includes Burlington Northern Santa Fe Railway Company Crossings at Lipscomb Street, Capps Avenue, Hemphill Street and Page Street; and Authorize the City Manager to Enter Into an Agreement With Burlington Northern Santa Fe Railway Company for Railroad Signal Upgrades as Follows: Burlington Northern Santa Fe Railway Company and Lipscomb Street $225,739.00 Burlington Northern Santa Fe Railway and Capps Street $70,155.00 Burlington Northern Santa Fe Railway and Hemphill Street $46,667.00 Burlington Northern Santa Fe Railway and Page Avenue $40,057.00 Total Amount $382,618.00 Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24724 be continued until the February 15, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC There were no special presentations, introductions, etc. 1. UPcomin2 and ece t Events Council Member Zimmerman announced that on November 23, 2010, MedStar was awarded the EMS Provider of the Year Award at the Texas EMS Conference in Austin, Texas. He stated that this prestigious honor was awarded annually by the Texas Department of State Health Services. Council Member Moss announced that February 7, 2011, was National Black AIDS Awareness Day. He stated that there was free AIDS testing at City Hall and expressed appreciation to City Council and staff for their support and participation in the event. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 8 of 27 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Council Member Burdette expressed appreciation to the Water and Transportation and Public Works Departments for their assistance, hard work and dedication during the ice and snow storms. He stated the City staff did an excellent job repairing broken pipes and water mains and clearing City streets and sidewalks to ensure the safety of the citizens and visitors was not compromised. He also announced that the City of Benbrook would host the American Veterans Traveling Tribute, a patriotic theme of exhibits and events, including a 4/5 scale, 380 -foot long replica of the Vietnam Veterans Memorial Wall located in Washington, D.C., and the Vietnam Remembered Art Collection. He stated that the "Wall" contained 58,253 names of those who sacrificed their lives in the Vietnam War and the event would include merchandise sales, a Cost of Freedom exhibit including a 9 -11 tribute, statistics from all wars, names of casualties from Vietnam to 9 -11, and a tribute to those killed in Operation Iraqi and Enduring Freedom. Council Member Burns announced that the Hyde Park groundbreaking would be held on February 11, 2011, at 11:00 a.m. He stated The "T" would provide warming buses and hot chocolate and encouraged everyone to attend the ceremony. He stated that staff had been working on this park for a several years and added it was great that the City was able to open the park in time for the Super Bowl. He encouraged everyone to be safe driving in the inclement weather. Mayor Moncrief stated he was extremely proud of the City, staff, citizens and businesses who did all they could to make the City shine during Super Bowl Week in spite of the inclement weather. He further stated that the City was a unique place with a unique population and quality of life. He advised that the ESPN and Channel 8 live broadcasts drew large crowds of visitors to Sundance Square. He further advised that he was most impressed with how the visitors were treated and stated the City set the bar very high. He pointed out that the Taste of the NFL event set a record with $1M in contributions to area food banks and was truly a "party with a purpose ". 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL a. There were no changes in membership on boards and commissions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 9 of 27 PRESENTATIONS c ND/OR COMMUNICATIONS FROM BOARDS, AND/OR CITY COUNCIL COMMITTEES There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTION 1. A Resolution Adopting the City f Fort Worth's 2011 Federal a is ative Program (Continu e from a Previous Meetings Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Resolution No. 3966 -02 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. REPORT OF THE CITY MANAGER B. General (PUBLIC as Neighborhood Empowerment Reinvestment Zone No. 38. (Continued from a Previous c , It appeared that the City Council, at its meeting of December 7, 2010, Continued Mayor and Council Communication L- 17140, Adopt a Resolution Designating the Six Points Area as a Neighborhood Empowerment Zone; Conduct a Public Hearing Concerning the Designation of the Six Points Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 38; and Adopt an Ordinance Designating a Certain Area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 38, City of Fort Worth, Texas "; Providing the Effective and Expiration Dates for the Zone and Mechanism for Renewal of the Zone Pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Cynthia Garcia, Assistant Director, Housing and Economic Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 10 of 27 (G-17140 Continued) b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and Mayor and Council Communication No. G-17140 be continued to the March 8, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. WJT j VA, Rounallm]"M M Sixth Avenue and 2008 Hemphill Street. The recommendation was that the City Council Approve the Applications From Multiple Property Owners for Partial Approval of the Historic Site Tax Exemption for 1315 South Lake Street, 1030 Elizabeth Boulevard, 1028 Hawthorne Avenue, 1409 Henderson Street, 2215 Edwin Street, 1514 Fairmount Avenue, 2314 Willing Avenue, 1922 Sixth Avenue and 2008 Hemphill Street. Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-17196 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council Approve the Applications From Multiple Property Owners for Verification of the Historic Site Tax Exemption for 1030 Elizabeth Boulevard, 1028 Hawthorne Avenue, 1001 West Magnolia Avenue and 1329 Alston Avenue. Motion: Council Member Bums made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-17197 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 11 of 27 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 12 of 27 7. M&C G-17201 - Adopt Ordin a ce Creating Article VIII, Reclai ed Water t a ter 35, Water and Sewers in the City Code. The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of Fort Worth (1986), as Amended, Chapter 35 "Water and Sewers "; by Adding Article VIII "Reclaimed Water"; Sections 35 -170 Through 35 -205; Providing That This Ordinance is Cumulative; Providing a Severability Clause; Providing a Fine of Up to $2,000.00 for Each Offense in Violation of the Ordinance. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17201 be approved and Ordinance No. 19543 -02 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. (PUBLIC USA on the Need to Continue the Curfew Ordinance for Minors and Adopt Ordinance Amen Section 23-1��,9f,Qty_Cq4�,,Qqrfew Hours for Minors to Extend the Curfew for an Additional Three Years. The recommendation was that the City Council Review the City's Curfew Ordinance for Minors and its Effects on the Community and on Problems the Ordinance was Intended to Remedy; Conduct Public Hearings on February 1, 2011, and February 8, 2011, Regarding the Need to Continue the Curfew Ordinance for Minors; and Following the Second Public Hearing on February 8, 2011, Adopt an Ordinance Amending Section 23 -19, "Curfew Hours for Minors," of the Code of the City of Fort Worth, as Amended, by Revising the Effective Date and by Adding an Amended Sunset Provision; Providing a Penalty Not to Exceed $500; Providing a Savings Clause; Providing for Publication in the Official Newspaper of the City; and to Extend the Curfew Provision for an Additional Three (3) Years. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Abdul Pridgen, Deputy Chief, Police Department appeared before Council and provided a staff report. He also advised that the public hearing dates should be changed from February 1, 2011 and February 8, 2011 to February 8, 2011 and February 15, 2011. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 13 of 27 (G -17202 Continued) c. Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G -17202 be amended to change the public hearing dates from February 1, 2011 and February 8, 2011, to February 8, 2011 and February 15, 2011 respectively. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. t, from a Protected Use and a Variance Request to the 100 Foot Setback to a Propertv Line for Production Eguipment. (PUBLIC The recommendation was that the City Council Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit on the Kosel Lease Located at 8991 West Freeway, Less Than 600 Feet From a Protected Use and Grant a Variance to the 100 Foot Setback to a Property Line for Production Equipment. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on Mayor and Council Communication Nos. G -17203 and G- 17204. a. BgR2Lt of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department appeared before Council and provided a staff report. b. Citizen Presentations The following individuals completed speaker cards in support of Mayor and Council Communication No. G -17203 but did not wish to address the Council: Mr. Marvin Rudd, 3901 Sunnydale Drive Mr. Allen Riibe, 4317 Springbranch Drive Mr. Clay Johnson, 3101 Las Vegas Trail CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 14 of 27 (G -17203 Continued) c. Council Action Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and Mayor and Council Communication No. G -17203 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and Council Member Hicks absent. 600 Feet from a Protected Use. (PUBLIC HEARING) The recommendation was that the City Council Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit on the Vaquero Lease Located at 4294 Chickasaw Avenue, Less Than 600 Feet From a Protected Use. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Rer)ort of City Sta Mr. Rick Trice, Assistant Director, Planning and Development Department appeared before Council and provided a staff report. b. Citizen Presentations Ms. Dolores Williams, 4404 Idle Way, appeared before Council in opposition to Mayor and Council Communication No. G -17024 and stated Chesapeake Operating, Inc., "ran over" residents. She advised that a landman from Chesapeake Operating, Inc., had noted that there was a lien on her property from unpaid taxes so therefore they could not obtain a waiver from her property. She stated that this was untrue and had never paid her taxes late. She stated she had refused to sign a lease for her mineral rights and that was the reason the landman stated there was a lien. Council Member Moss requested clarification of the location of Ms. Williams' property and how many waivers were obtained in the protected area. Mr. Charles Davis, 100 Energy Way, Chesapeake Operating, Inc., appeared before Council in support of Mayor and Council Communication No. G -17204 and stated that Ms. Williams property was north of Highway 287 and not within the protected area and added that she was not approached for a waiver. He stated that it appeared that a Chesapeake landman thought there was a lien against the property and therefore could not obtain a lease. He further stated that he had given his contact information to Ms. Williams to remedy the situation immediately. He stated that there were 33 of 39 waivers obtained within the 600 foot range and all but one (1) waiver was obtained in the 300 foot range and pointed out that the one (1) waiver which was not obtained was on a foreclosed property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 15 of 27 (G -17204 Continued) Mayor Moncrief requested that Mr. Davis meet with Ms. Williams regarding the alleged lien on Ms. Williams' property and the situation be rectified immediately. Council Member Moss advised that he had received communication in support of this item and no real opposition. c. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G -17204 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and Council Member Hicks absent. C. Purchase of Equipment, Materials, and Services 1. MSC P -11196 - Authorize Rejection of All Propsosals Received for Information Technology is rci The recommendation was that the City Council Authorize the Rejection of All Proposals Received for Information Technology (IT) Outsourcing. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P -11196 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. D. Land It appeared that the City Council, at its meeting of January 25, 2011, Continued Mayor and Council Communication L- 15128, Authorize the Sale of 181 Tax - Foreclosed Properties in Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $804,161.33; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in Compliance With the Bid Form Specifications to Complete the Sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 16 of 27 (L-15128 Continued) Interim City Manager Higgins read into the record the following revisions to the subject and recommendation portions of Mayor and Council Communication No. L-15128 and the attachment to remove 13 properties: Subject: Authorize the Sale of One Hidndr-ed Eighty One One Hundred and Sixty -Eight Tax- Foreclosed Properties in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $904,161.33 $675,237.95. Under Recommendation 1: Authorize the sale of ene htindr-ed eight-y etwe one hundred and sixty -eight tax-foreclosed properties in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a total of $904,161.33 $675,237.95. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. L-15128 be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. F. Award of Contract 'PAN................................ Ten Mile Brid2e Road for a One-Time License Fee of $6,638.50. The recommendation was that the City Council Authorize the City Manager to Execute a Public Right- of-Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Ten Mile Bridge Road, West of Boat Club Road, and Across Hodgkins Road, South of Ten Mile Bridge Road, for a One (1) Time License Fee of $6,638.50. Mr. Richard Deniker, 2708 College Avenue, completed a speaker card in opposition to Mayor and Council Communication No. C-24724 but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24727 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. MA 1, 4 11, 1, J!, .......... ............ Br�id e, Street and Minor Exterior RePairs with TouchuD Paint to Como 5.0 MG Ground Storage Tank Located at 5820 Blackmore Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 17 of 27 (C -24728 Continued) The recommendation was that the City Council Authorize the City Manager to Execute a Contract With N.G. Painting, L.P., in the Amount of $1,195,100.00 for Repainting of Interior and Exterior of Randol Mill 5.0 MG Ground Storage Tank Located at 6401 Bridge Street and Minor Exterior Repairs With Touchup Paint to Como 5.0 MG Ground Storage Tank Located at 5820 Blackmore Avenue. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24728 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. XV. PUBLIC HEARING 1. First PubljL Hearing for a Proposed Service Plan for Approximately 80 Acres of Land in Tarrant County, Located North of Wall Price Feller Road and East of Raj White Road. 007 Annexation Are 5 -2} Mayor Moncrief opened the pubic hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There was no one present desiring to be heard in connection with the public hearing. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth that the public hearing be closed. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. XVL ZONING HEARING (Recommended for Approval)(Continued from a Previous Meeting) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 18 of 27 (ZC- 10 -150A Continued) It appeared that the City Council, at its meeting of December 7, 2010, Continued Zoning Docket No. ZC- 10 -150A, City of Fort Worth Planning & Development, 5221 & 5401 East Lancaster Avenue; from "F" General Commercial to "E" Neighborhood Commercial. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC- 10 -150A be continued until February 15, 2011. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. 1 �, 1 .......,:, Approval) (Continued from a Previous Meeting) It appeared that the City Council, at its meeting of January 4, 2011, Continued Zoning Docket No. ZC- 10 -180A, City of Fort Worth Planning & Development, 401 Ridgeview Circle; from "AG" Agricultural to "FR" General Commercial Restricted. Council Member Espino made the following amendment to the proposed zoning for 401 Ridgeview Circle to mitigate the traffic and aesthetics: "PD" for "ER" uses with the following conditions; No lighted signs allowed, No additional signs allowed, No access along the northern property line from Ridgeview Circle to the area west of the main structure, Minimum 6 -foot fence behind the main structure, and Landscaping required around the eastern parking lots. Motion: Council Member Espino made a motion, seconded by Council Member Moss that Zoning Docket No. ZC- 10 -180A be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. 3. Zoning Docket No. ZC -10 -183 - City of Fort Worth Planning and Development: Text Amendment, Mixed Use Districts Amendment: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "A" of the Code of the City of Fort Worth to Amend: ZC- 10 -183A. Article 9 "Residential Districts ", of Chapter 4, "District Regulations" to amend a Mixed -Use Zoning District, Section 4.902, "Low Intensity Mixed -Use" (MU -1) District and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 19 of 27 (ZC -10 -183 Continued) establish Development Standards for the district; amending Chapter 9 to add definitions related to Low Intensity Mixed -Use District(MUl); ZC- 10 -183B. Article 9 "Residential Districts ", of Chapter 4, "District Regulations" to amend a Mixed -Use Zoning District, Section 4.903, "Low Intensity Greenfield Mixed -Use" (MU -1G) District and establish Development Standards for the District; Amending Chapter 9 to add definitions related to Low Intensity Greenfield Mixed -Use District (MU1 -G); ZC- 10 -183C. Article 10 "Industrial Districts ", of Chapter 4, "District Regulations" to amend a Mixed -Use Zoning District, Section 4.1001, "High Intensity Mixed -Use" (MU -2) District and establish Development Standards for the District (MU2); ZC- 10 -183D. Article 10 "Industrial Districts ", of Chapter 4, "District Regulations" to amend a Mixed -Use Zoning District, Section 4.1002, "High Intensity Greenfield Mixed -Use" (MU -2G) District and establish Development Standards for the District (MU2- G); (Recommended for Approval) (Continued from a Previous Meeting) It appeared that the City Council at its meeting of December 7, 2010, Continued Zoning Docket ZC- 10 -183, City of Fort Worth Planning and Development: Text Amendment, Mixed Use Districts Amendment: An Ordinance Amending the Zoning Ordinance of the City of Fort Worth, Being Ordinance No. 13896, as Amended, Codified as Appendix "A" of the Code of the City of Fort Worth to Amend: ZC- 10 -183A. Article 9 "Residential Districts ", of Chapter 4, "District Regulations" to Amend a Mixed -Use Zoning District, Section 4.902, "Low Intensity Mixed -Use" (MU -1) District and Establish Development Standards for the District; Amending Chapter 9 to Add Definitions Related to Low Intensity Mixed -Use District(MU1); ZC- 10 -183B. Article 9 "Residential Districts ", of Chapter 4, "District Regulations" to Amend a Mixed -Use Zoning District, Section 4.903, "Low Intensity Greenfield Mixed -Use" (MU -1G) District and Establish Development Standards for the District; Amending Chapter 9 to Add Definitions Related to Low Intensity Greenfield Mixed -Use District (MU1 -G); ZC- 10 -183C. Article 10 "Industrial Districts ", of Chapter 4, "District Regulations" to Amend a Mixed - Use Zoning District, Section 4.1001, "High Intensity Mixed -Use" (MU -2) District and Establish Development Standards for the District (MU2); ZC- 10 -183D. Article 10 "Industrial Districts ", of Chapter 4, "District Regulations" to Amend a Mixed - Use Zoning District, Section 4.1002, "High Intensity Greenfield Mixed -Use" (MU -2G) District and Establish Development Standards for the District (MU2 -G). Ms. Tolli Thomas, 5341 Wooten Drive, completed a speaker card in opposition to Zoning Docket No. ZC- 10- 183A -D but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 20 of 27 (ZC -10 -183 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -10 -183 be continued until the March 1, 2011, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on January 17, 2011. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 4. Zoning Doc e - SAI Business Associateslnc.,7020 West Vickery Boulevard- from: "E" Neighborhood ercia to: "PD/E" a e eve e t r all ses in "E" Neighborhood Commercial plus mini - warehouse; site Man included. (Recommended for A royal Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -10 -186 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. 5. Zoning Docket No. ZC -10 -190 - City of Fort Worth Planning & Development: May & Text Amendment: from: Multiple Zoning Districts to: Add IH 35N Design Standards; An Ordinance Amending the Comprehensive Zoning Ordinance of the City of Fort Worth, being Ordinance Number 13896, codified as Appendix "A" of the Code of the City of Fort Worth (1986) to Amend: Article 12 "Urban Design Districts ", of Chapter 4, "District Regulations" to add a new section, Section 4.1300 "I -35W Design ( "I35W ") Overlay District, providing for Design Standards and Guidelines for New Construction in the I35W Design Overlay District, and; To require a Certificate of Appropriateness for New Construction in the I35W Design Overlay District, and; to provide for Administrative Approval of Certificate of Appropriateness under certain circumstances, and; to provide an Appeal Process. (Recommended for Approval) Mr. Robert Folzenlogen, 13600 Heritage Parkway, completed a speaker card in support of Zoning Docket No. ZC -10 -190 but did not wish to address the Council. There being no one present desiring to be heard in connection with the Text Amendment, Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -10 -190 be approved with appreciation to the I -35 Corridor Coalition, all of the business and property owners along I -35 and City staff and the following ordinance be adopted: (ZC -10 -190 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 21 of 27 ORDINANCE NO. 19544 -02 -2011 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986) TO AMEND: ARTICLE 12 "URBAN DESIGN DISTRICTS ", OF CHAPTER 4, 'DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.1300 "I -35W DESIGN ( "I35W ") OVERLAY DISTRICT, PROVIDING FOR DESIGN STANDARDS AND GUIDELINES FOR NEW CONSTRUCTION IN THE I35W DESIGN OVERLAY DISTRICT, AND; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION IN THE I35W DESIGN OVERLAY DISTRICT, AND; TO PROVIDE FOR ADMINISTRATIVE APPROVAL OF CERTIFICATE OF APPROPRIATENESS UNDER CERTAIN CIRCUMSTANCES, AND; TO PROVIDE AN APPEAL PROCESS. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -001 be approved as amended with the requirement that 100% of the minimum parking be required. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. Restricted to: "A-5" One-Family. (Recommended !LAffproval Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth that Zoning Docket No. ZC -11 -002 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 22 of 27 The following individuals completed a speaker card in support of Zoning Docket No. ZC -11 -001, but did not wish to address the Council: Mr. Robert Snoke, 3826 6th Avenue Mr. Alonzo Aguilar, 3225 Stuart Drive Mr. Michael Clark, 6750 Hillcrest Plaza #325, Dallas, Texas 75230 Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -003 be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. 9. Zoning Docket No. ZC -11 -006 - City of Fort Worth Planning & Development, Northside Neighborhood Phase 3, Generally bounded by N. Main Street, NW 28th Street, Lincoln Avenue, and NW 20th Street; from: "A -5" One - Family, "B" Two - Family, "B/DD" Two - Family/Demolition Delay, "C" Medium Density Multifamily, "C/HC" Medium Density Multifamily/Historic and Cultural Overlay, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "E/DD" Neighborhood Commercial/Demolition Delay, "FR" General Commercial Restricted, "F" General Commercial, "I" Light Industrial, "I/HC" Light Industrial/Historical and Cultural Overlay, "I/DD" Light Industrial/Demolition Delay, "J" Medium Industrial, "J/HC" Medium Industrial/Historical and Cultural Overlay, and "PD" Planned Developments 101, 107, 117, and 619 to: "A -5" One - Family, "A -5/HC" One- Family/Historical and Cultural Overlay, "A -5/DD" One- Family/Demolition Delay, "AR" One Family Restricted, "B" Two - Family, "B/DD" Two - Family/Demolition Delay, "UR" Urban Residential, "CF" Community Facilities, "CF/DD" Community Facilities/Demolition Delay, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "E/DD" Neighborhood Commercial/Demolition Delay, "MU -1" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 23 of 27 (ZC -11 -006 Continued) Low Intensity Mixed -Use, "MU- 1/HSE" Low Intensity Mixed- Use/Hi2hly Significant Endangered, "MU -1/HC" Low Intensity Mixed- Use/Historical and Cultural Overlay, "MU- 1/DD" Low Intensity Mixed- Use/Demolition Delay, "MU -2" High Intensity Mixed -Use, "MU- 2/HC" High Intensity Mixed- Use/Historical and Cultural Overlay, and "MU -2/DD" High Intensity Mixed- Use/Demolition Delay. (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Council Member Jordan that Zoning Docket No. ZC -11 -006 be approved as amended and to continue 2423 Clinton Avenue until the March 8, 2011, Council meeting, with appreciation to the Northside Neighborhood Association and the Planning and Development Department staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. ill 111 1111! ill 1 111 It livII!, 1 c Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -007 be approved with appreciation to the Planning and Development Department staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. I 1 1111 , , '' - , f , Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -008 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. 1 1 I Motion: Council Member Moss made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -11 -009 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 24 of 27 ,1 m , 111pill (Recommended for Approval) Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -010 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. ........ ..... for Approval Motion: Council Member Moss made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -11 -011 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19545 -02 -2011 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 eight (8) ayes to zero (0) nays, with Council Member Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 25 of 27 XVIL CITIZEN PRESENTATIONS 1I I c 111 111 1 11 1111111111111111 11!11 MNUT Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised that he would speak at a future Council meeting regarding a BusStop Santa. com sign on a homeless count video of the Star - Telegram newspaper. He also displayed a handout stating that bunks could be rented for one (1) month and the renter would receive the next month's bunk at half price. He displayed several handouts relative to a 25 year old homeless woman named Maria and stated the Presbyterian Night Shelter, Catholic Charities, Jessie's Monitors, and the Salvation Army all supported Maria. He encouraged others to support her as well. Other Citizen Presentations: Ms. Carol Sullivan, 5216 Carol Avenue, appeared before Council and expressed appreciation to Council Member Moss for information he provided to her relative to the $1.2M grant for the Stop Six Model Block Program. She stated that she did not feel that the grant funds had been properly used in the neighborhood. She advised that her main goal for the grant funding was to have her students be able to travel through clean areas to Texas Wesleyan University along Loop 820, I -35, and 287. She stated that there were numerous properties that could be rehabilitated with the remaining $850,000.00. She displayed photographs of properties located at 2513 Marlin, 2508 Dillard and 2512 Dillard, all were in disrepair and in close proximity to an elementary school and suggested they be considered for repair. She stated Council should make sure they knew what was promised to the neighborhoods with this grant funding. She suggested closer enforcement of code compliance laws and picking up trash and litter on a consistent basis. Council Member Moss advised that two of the properties were on the list to be considered for repair. He further stated that if the properties could not be repaired at a reasonable cost then they would be demolished and new houses would be built. Mr. Tony Abbs, 5016 Lincoln Oaks North #709, appeared before Council relative to an issue with his daughter and a Police Officer at his daughter's school. He advised that the Officer used unnecessary statements and tactics towards him, had interrogated his minor daughter without a parent present and had filed a false report. He advised that he had filed a complaint with the Police Officer's supervisor and nothing had been done to remedy the situation. Mayor Moncrief referred Mr. Abbs to Assistant City Manager, Charles Daniels for resolution. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 26 of 27 (Other Citizen Presentations: Continued) The following Police Officers for the City appeared before Council relative to the City's ERP (Payroll) System and advised that the Police Department wished to open the lines of communication to find out what they could do to help mitigate the payroll issues. They advised that numerous pay checks had issues with shortage and overage in pay, which affected retirement contributions and leave balances. They advised of concerns over the accuracy of employee W -2 forms relative to tax reporting. They stated that a number of employees were underpaid each pay period and were unable to pay their monthly bills on time. They stated many of the discrepancies in pay had occurred when all of the paperwork and information entered into the system was correct. Mr. Romer also advised that he was still due a total of $1,100.00 in pay over the last six pay periods. Mr. Tim Fornash, 3400 Sevaila Ranch Road Mr. Jon Romer, Fort Worth Police Department, East Division Mayor Moncrief advised that the City staff was working with a third party vendor, as suggested by the Fort Worth Police Officers Association, which was familiar with the issues at hand. He stated that the Council was assured that this vendor would have a report with answers relative to the employee concerns. He stated the Council owed it to the staff to wait for the report relative to what the third party vendor discovered and then take appropriate action. He apologized for the inconveniences and expressed appreciation to all employees for their patience. Council Member Jordan expressed concern over the W -2 forms relative to tax reporting and encouraged staff to ensure the reported salaries and deductions were correct. Council Member Moss recognized the members and leaders of Eastside Boy Scout Troop Number 180 from Saint Rita's Catholic Church who attended the meeting. He advised that the Boy Scouts were working on their Citizenship in the Community Merit Badge and wished them future success in scouting. Mayor Moncrief stated the scouts were the future leaders of the city, state and nation. He congratulated the Boy Scouts on their achievements and wished them good luck. XIX. ADJOURNMENT There being no further business the meeting was adjourned at 8:20 p.m. in memory of Calyx and Beau Schenecker, sister and brother, who passed away on January 28, 2011, in Tampa Bay, Florida. He stated that a memorial service was held today in Fort Worth at Christ Chapel Bible Church. He further stated that Calyx Powers Schenecker was born on September 12, 1994, in Germany and was recognized as a model student and published artist, was a tenacious athlete and a devoted friend. He stated that Powers Beau Schenecker was born on September 29, 1997, in Hawaii and was a very CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 8, 2011 PAGE 27 of 27 (XIX. ADJOURNMENT Continued) likable and loveable young man who made and retained incredible friendships that spanned the world. He stated the Beaux possessed an amazing intuition, empathy for others and had a sense of humor that was endearing. He advised that their father, Colonel Parker Schenecker, was a Fort Worth native and a 1980 graduate of Fort Worth Country Day School, where he was President of the student body and Captain of the football team. He stated that Colonel Schenecker had a broad reach of friends not only at Country Day, but at high schools throughout the area. He further stated that Colonel Schenecker was a remarkable leader during school and had maintained that gift as a Colonel in the United States Army and was stationed at the United States Central Command in Tampa Bay, Florida. He pointed out that Colonel Schenecker and his family spent a large amount of time in Germany, but his heart had always been in Fort Worth. Mayor Moncrief advised that the City was deeply saddened by this tragedy and stated that prayers go out to Colonel Parker Schenecker and his family. These minutes approved by the Fort Worth City Council on the 15h day of February, 2011. Attest: Approved: Ma4Hdrix Michael J City Secretary Mayor /