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HomeMy WebLinkAbout2011/03/08-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 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 Staff Prevent Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary I. 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 7:15 p.m., on Tuesday, March 8, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Reverend Milton Pace, Saintsville Cathedral Fort Worth The invocation was provided by Reverend Milton Pace, Saintsville Cathedral Fort Worth. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 1, 2a11 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the minutes of the regular meeting of March 1, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Interim City Manager Higgins requested that Mayor and Council Communication Nos. C -24766 and C -24768 be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 2 of 30 '• . 1 1 " '• Interim City Manager Higgins requested that Mayor and Council Communication No. C -24768 be continued until the March 22, 2011, Council meeting. VII. CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Council Member Espino, 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 -17220 - Adopt the Semi - Annual Progress Report from the Capital Improvements Advisory Committee for Transportation Impact Fees. The City Council approved the following recommendation: Adopt the Semi - Annual Progress Report Concerning the Status of the Capital Improvements Plan for Transportation Impact Fees From the Capital Improvements Advisory Committee. 2. M &C G -17221 - Approve Settlement with Texas Department of Transportation for Disallowed Overtime Payments Made to the City of Fort Worth Under the Selective Traffic Enforcement Program Grants in the Amount of $231,364.82 and Authorize Execution of Necessary Related Documents. The City Council approved the following recommendation: Approve a Settlement With the Texas Department of Transportation (TxDOT) for Disallowed Overtime Payments Made to the City of Fort Worth Under the Selective Traffic Enforcement Program Grants in the Amount of $231,364.82, to be Paid as Follows: a. Payment of $70,125.66 for Reimbursements Made by TxDOT in FY 2008; b. Payment of $55,755.76 for Reimbursements Made by TxDOT in FY 2009; and c. Retention by TxDOT of $105,483.40 That was previously set Aside to be Reimbursed to the City in FY 2010; and Authorize the City Manager to Execute any Necessary Related Agreements or Documents to Complete the Settlement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 3 of 30 (VII. CONSENT AGENDA Continued) B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11202 - Authorize Non - Exclusive Purchase Agreements with Shamrock Pipe Tools, Inc., Sewer Equipment Company of America, Texas Municipal Equipment, LLC, 4 -STAR Hose & Supply Inc., and Texas Underground Inc., for Sewer Cleaning Equipment Parts for the Water Department for an Initial Combined Annual Amount of $300,000.00. The City Council approved the following recommendation: Authorize Non - Exclusive Purchase Agreements With Shamrock Pipe Tools, Inc.; Sewer Equipment Company of America; Texas Municipal Equipment, LLC; 4 -STAR Hose & Supply Inc.; and Texas Underground Inc., for Sewer Cleaning Equipment Parts for the Water Department, for an Initial Combined Annual Amount of $300,000.00. 2. M &C P -11203 - Authorize a Purchase Agreement with Lawn Patrol Service, Inc., to Provide Right -of -Way Grounds Maintenance and Mowing Services for the Parks and Community Services Department for an Initial Annual Amount of $361,300.00. The City Council approved the following recommendation: Authorize a Purchase Agreement With Lawn Patrol Service, Inc., to Provide Right -of -Way Grounds Maintenance and Mowing Services for the Parks and Community Services Department for an Initial Annual Amount of $361,300.00. 3. M &C P -11204 - Authorize Purchase Agreements with Blagg Building Company, LLC, Harris Lawn Care Service, Scott Landscape Maintenance, Inc., and Whitmore & Sons, Inc., to Provide Grounds Maintenance and Mowing Services for the Parks and Community Services Department for a Combined Initial Annual Amount of $509,176.00. The City Council approved the following recommendation: Authorize Purchase Agreements With Blagg Building Company, LLC; Harris Lawn Care Service; Scott Landscape Maintenance, Inc., and Whitmore & Sons, Inc., to Provide Grounds Maintenance and Mowing Services for the Parks and Community Services Department for a Combined Initial Annual Amount of $509,176.00. C. Land - Consent Items 1. M &C L -15150 - Authorize Execution of a Lease Amendment with Alliance Center -East Association for Office Space Located at 2421 Westport Parkway, Suite 800 for the Police Department. The City Council approved the following recommendation: Authorize the City Manager to Execute a Lease Amendment for Office Space Located at 2421 Westport Parkway, Suite 800, for the Police Department With Alliance Center -East Association at a Cost of $1.00 per year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 4 of 30 (VII. CONSENT AGENDA Continued) 2. M &C L -15151 - Authorize the Acceptance of a Dedication Deed from AIL Investment, L.P., at No Cost to the City for 0.537 Acres of Land for Right -of -Way Required for the Widening of Old Denton Road South of Golden Triangle Boulevard. The City Council approved the following recommendation: Authorize the Acceptance of a Dedication Deed From AIL Investment, L.P., at No Cost to the City of Fort Worth for 0.537 Acre of Land Described as Abstract 999, Tract 12, William McCowan Survey, Fort Worth, Tarrant County, Texas, for Right -of -Way Required for the Widening of Old Denton Road South of Golden Triangle Boulevard; and Authorize the City Manager, or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. 3. M &C L -15152 - Authorize the Acquisition of a Fee Simple Interest in a Total of 0.204 Acres of Land for Right -of -Way Easement Interests in a Total of 1.35 Acres for Drainage and a Temporary Easement Interest in 0.221 Acres for Construction Located on John Day Road in the Crockett Perry Survey, Abstract 1031, the Greenberry Overton Survey, Abstract 972 from Texas Christian University for a Total of $45,998.00, and Pay the Estimated Closing Costs Up to $3,000.00 for the Alliance Airport Runway Extension Project. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in a Total of 0.204 Acre of Land for Right -of -Way Easement Interests in a Total of 1.35 Acres for Drainage and a Temporary Easement Interest in 0.221 Acre for Construction Located on John Day Road, Described as Abstract 1031, Crockett Perry Survey and Abstract 972, Greenberry Overton Survey, From Texas Christian University for the Alliance Airport Runway Extension Project; Find That the Total Price of $45,998.00 is Just Compensation for the Acquisitions; and Authorize the City Manager or His Designee to Accept the Conveyance, Record the Appropriate Instruments and Pay the Estimated Closing Costs Up to $3,000.00. 4. M &C L -15153 - Authorize the Purchase of Fee Simple Interest in a Total of 0.582 Acres of Land and Temporary Easement Interest in a Total of 8.00 Acres for Construction, Located at 11300 Alta Vista Road and 3500 Keller Hicks Road from the Keller Independent School District for a Total of $120,033.00 and Pay Estimated Closing Costs of $5,100.00. The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple Interest in 0.529 Acre of Land for Right -of -Way and a Temporary Easement Interest in 0.459 Acre for Construction, Located at 11300 Alta Vista Road, Described as Abstract 70, Keller Independent School District Tract, Jesse Billingsley Survey, Fort Worth, Tarrant County Texas, From Keller Independent School District; Authorize the Purchase of a Fee Simple Interest in 0.053 Acre of Land for Right -of- Way and a Temporary Easement Interest in 7.54 Acres Located at 3500 Keller Hicks Road, Described as Block 1, Lot 2, Keller Hicks Middle School Addition, Fort Worth, Tarrant County, Texas, From CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 5 of 30 (VII. CONSENT AGENDA Continued) (L -15153 Continued) Keller Independent School District; Find That the Price of $84,917.00 Offered for the Purchase of the Right -of -Way and $35,116.00 Offered to Purchase the Temporary Construction Easements is Just Compensation; and Authorize the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $5,100.00. E. Award of Contract - Consent Items 1. M &C C -24764 - Authorize the City Manager to Execute an Interlocal Agreement with Tarrant County for the Expansion of the City's Auto Pound Facility on Brennan Avenue, Including City Participation Not to Exceed $121,726.00 for Material Cost Reimbursement, and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $121,726.00 From the General Fund to the Specially Funded Capital Projects Fund; Adopt Appropriation Ordinance No. 19574 -03 -2011 Increasing the Estimated Receipts and Appropriations in the Specially Funded Capital Projects Fund in the Amount of $121,726.00, From Available Funds, for the Purpose of Reimbursing Material Costs Related to the Expansion of the Auto Pound Facility at the Former Brennan Avenue Service Center; and Authorize the City Manager to Execute an Interlocal Agreement With Tarrant County With City Participation Not to Exceed $121,726.00. 2. M &C C -24765 - Approve Correction of M &C C -24619 to Revise the Contract Amount from a Cost Not to Exceed $164,439.00 to a Cost Not to Exceed $169,439.00 for the Fort Worth Hispanic Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses. The City Council approved the following recommendation: Approve the Correction of M &C C -24619 to Revise the Contract Amount From a Cost Not to Exceed $164,439.00 to a Cost Not to Exceed $169,439.00 With the Fort Worth Hispanic Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for the Period of October 1, 2010, Through September 30, 2011. 4. M &C C -24767 - Authorize Amendment No. 4 in the Amount of $57,006.00 to City Secretary Contract No. 35497, an Engineering Agreement with TranSystems Corporation Consultants, for the Storm Water Utility Project Kermit - Bonnie Drainage Improvements, 4600 Block of Merida Avenue, Sarita Channel and Waverly Park, thereby Revising the Total Contract Cost to $319,047.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 6 of 30 (VII. CONSENT AGENDA Continued) (C -24767 Continued) The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 4 in the Amount of $57,006.00 to City Secretary Contract No. 35497 With TranSystems Corporation Consultants, for the Storm Water Utility Project Kermit - Bonnie Drainage Improvements, 4600 Block of Merida Avenue, Sarita Channel and Waverly Park, Thereby Revising the Total Contract Cost to $319,047.00. 6. M &C C -24769 - Authorize Execution of a Long -Term Loan Agreement Between the City of Fort Worth and the Fort Worth Museum of Science and History to Appropriately Store and Periodically Exhibit the Original 1935 Architectural Rendering of the Will Rogers Memorial Complex at No Cost to the City. The City Council approved the following recommendation: Authorize the City Manager to Enter Into a Long -Term Loan Agreement Between the City of Fort Worth and the Fort Worth Museum of Science and History to Appropriately Store and Periodically Exhibit the Original 1935 Architectural Rendering of the Will Rogers Memorial Complex at No Cost to the City. 7. M &C C -24770 - Authorize Amendment to City Secretary Contract No. 39319 with NashWest, LLC, Increasing Compensation by $85,000.00 for Phase II Reconciliation of the Municipal Court Services Financial Accounts and Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund by $85,000.00 and Decreasing the Unaudited, Unreserved, Undesignated General Fund Fund Balance by the Same Amount. The City Council approved the following recommendation: Authorize the City Manager to Amend City Secretary Contract No. 39319 With NashWest, LLC, for Phase 11 Reconciliation of the Municipal Court Services Financial Accounts to Increase Compensation by $85,000.00 for a Total Projected Compensation of $160,006.00; and Adopt Supplemental Appropriation Ordinance No. 19575 -03 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund, and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount, for the Purpose of Providing Funding the Reconciliation. 8. M &C C -24771 - Authorize Execution of an Engineering Agreement in the Amount of $143,583.00 with Multatech Engineering, Inc. for Water and Sanitary Sewer Rehabilitation Contract 2009, WSM -K on Meadowbrook Drive and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $159,583.00 From the Water and Sewer Fund, $138,789.00 to the Water Capital Projects Fund and $20,794.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19576 -03 -2011 Increasing the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 7 of 30 (VII. CONSENT AGENDA Continued) (C -24771 Continued) 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 Rehabilitation Contract 2009, WSM -K; and Authorize the City Manager to Execute a Contract in the Amount of $143,583.00 With Multatech Engineering, Inc. 9. M &C C -24772 - Authorize Execution of a Contract in the Amount of $527,790.16 with Ratech Construction, Inc., for Certain Boat Ramp and Marker Buoy Improvements Associated with the Lake Worth Restoration and Maintenance Project Phase II and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19577 -03 -2011 Increasing the Estimated Receipts and Appropriations in the Lake Worth Gas Lease Capital Improvement Fund in the Amount of $587,790.16 From Gas Well Revenues, for the Purpose of Transferring Said Funds to the Water Capital Projects Fund for Boat Ramp and Buoy Marker Improvements Associated With the Lake Worth Restoration and Maintenance Project Phase II; Authorize the Transfer From the Lake Worth Gas Lease Capital Improvement Fund to the Water Capital Projects Fund; Adopt Appropriation Ordinance No. 19578 -03 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund From Available Funds; and Authorize the City Manager to Execute a Contract With Ratech Construction, Inc., in the Amount of $527,790.16. 10. M &C C -24773 - Authorize Execution of an Engineering Agreement in the Amount of $174,760.00 with Dannenbaum Engineering Corporation, for Sanitary Sewer Replacement Contract 83 in an Area Bound by Weatherford Traffic Circle, Vickery Boulevard/Marks Place, Southwest Boulevard and Old Benbrook Road and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $193,760.00 From the Water and Sewer Fund to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19579 -03 -2011 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, From Available Funds for the Purpose of Funding Sanitary Sewer Rehabilitation Contract 83 in an Area Bound by Weatherford Traffic Circle, Vickery Boulevard/Marks Place, Southwest Boulevard and Old Benbrook Road; and Authorize the City Manager to Execute a Contract in the Amount of $174,760.00 With Dannenbaum Engineering Corporation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 8 of 30 (VII. CONSENT AGENDA Continued) 11. M &C C -24774 - Authorize First Renewal of a Contract in the Amount of $500,000.00 with Westhill Construction, Inc., for Utility Cut Repair Contract 2009 UCO1 -2010 at Various Locations Throughout the City. The City Council approved the following recommendation: Authorize the City Manager to Execute the First Renewal of a Contract in the Amount of $500,000.00 With Westhill Construction, Inc., for Utility Cut Repair Contract 2009 UCO1 -2010 at Various Locations Throughout the City, Revising the Total Contract to $1,000,000.00. 12. M &C C -24775 - Authorize Execution of a Construction Contract with Riley and Associates Plumbing and Mechanical in the Amount of $82,000.00 to Install Grease Trap Interceptors at Como, Worth Heights and North Tri- Ethnic Community Centers. The City Council approved the following recommendation: Authorize the City Manager to Execute a Construction Contract With Riley and Associates Plumbing and Mechanical in the Amount of $82,000.00 for the Installation of Grease Trap Interceptors at Como, Worth Heights and North Tri- Ethnic Community Centers. 13. M &C C -24776 - Authorize Execution of a Construction Contract with C.E. Cook & Sons, Inc. in the Amount of $156,256.25 for Parking Lot Improvements at Marion Sansom Park. The City Council approved the following recommendation: Authorize the City Manager to Execute a Construction Contract With C.E. Cook & Sons, Inc., in the Amount of $156,256.25 for Parking Lot Improvements at Marion Sansom Park. 14. M &C C -24777 - Authorize Amendment to Modify the Fee Structure in City Secretary Contract 38500, License Agreement with Mayfest, Inc., for the Use of Trinity Park for the Annual Mayfest Event. The City Council approved the following recommendation: Authorize the City Manager to Execute an Amendment to City Secretary Contract No. 38500, License Agreement With Mayfest, Inc., for the Use of Trinity Park for the Annual Mayfest Event, Modifying the Fee Structure From 20 Percent of Net Annual Operating Profits, to a Fixed Annual Amount of $25,000.00 Plus 10 Percent of Net Profits. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1805 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 9 of 30 E. Award of Contract (Removed from Consent for Individual Consideration) ilip� < ..... < ....... ........, ......... .....,,,, ,,,,,,,,,, ,,,,..... ........, ......,,, Mitchell 1 Boulevard in the Amount of $67,605.00 of Communitv 1 Block Grant Funds, Authorize a Substantial Amendment Action Plan and Authorize Transfer of Funds and Adopt Appropriation The recommendation was that the City Council Authorize a Substantial Amendment to the City's 2009- 2010 Action Plan; Authorize the Transfer of $67,605.00 From the Community Development Block Grant Revolving Loan Fund to the Grants Fund for the Development of the Southside Community Health Center to be Located at 2909 Mitchell Boulevard; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $67,605.00, From Available Funds; Authorize the City Manager or His Designee, to Execute a Contract With the North Texas Area Community Health Center, Inc., for a One (1) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager or His Designee, to Extend or Renew the Contract for Up to One (1) Year if the North Texas Area Community Health Center, Inc., Requests a Written Extension and if Such Extension is Necessary for the Completion of the Project; and Authorize the City Manager or His Designee, to Amend the Contract if Necessary to Achieve Project Goals and Completion Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Council Member Hicks stated this building had remained vacant for a number of years and was just a couple of blocks from the Masonic Home development. She also stated that this Community Health Center was a necessity, given the higher rates of diabetes, hypertension and other health concerns in the area. She expressed appreciation to Mr. Jay Chapa, Director and Ms. Cynthia Garcia, Assistant Director, Housing and Economic Development Department, for their hard work on this project. Council Member Espino advised this project was part of the North Texas Area Community Health Center and was a Federally Qualified Health Center (FQHC), which allowed for federal funding. He reiterated the need for this community health center and also expressed appreciation to City staff for their hard work on this project. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication C -24766 be approved with appreciation Mr. Jay Chapa, Director and Ms. Cynthia Garcia, Assistant Director, Housing and Economic Development Department and Appropriation Ordinance No. 19580 -03 -2011 be adopted. The motion carried nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 10 of 30 Appropriation Ordinance. It was the Consensus of the Council that Mayor and Council Communication C- 24768, Authorize the Transfer of $593,747.75 From the Contract Street Maintenance Fund to the General Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund From Available Funds for the Purpose of Funding Concrete Restoration 2011 -10 at three (3) Locations: Bellaire Drive South From Bellaire Ranch Road to Middlewood Drive; Chapel Creek Boulevard From Interstate Highway 30 to Camp Bowie West Boulevard and McCart Avenue From West Cleburne Road to Sycamore School Road; and Authorize the City Manager to Execute a Contract With Jet Underground Utilities, Inc., be continued until the March 22, 2011, Council meeting. IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC 1. Presentation of Proclamation for Rvan Place Dal Council Member Burns presented the Proclamation for Ryan Place Day to Mr. John Kline, President, Ryan Place Improvement Association. He stated that Ryan Place, established in 1911 and designed by pioneer developer John C. Ryan, was the first model neighborhood developed in the City of Fort Worth which showcased an example of an exclusive neighborhood. He pointed out that Ryan Place was the first neighborhood in Tarrant County to be honored with a place on the National Register of Historic Places. He further stated that the residents of Ryan Place had been leaders in setting the standards for historic revitalization, neighborhood improvements and community involvement, earning Ryan Place recognition by the City of Fort Worth as a Neighborhood of the Year. He advised that for the past century, Ryan Place residents had stood for the betterment of their neighborhood resulting in the establishment of The Ryan Place Candlelight Tour. He stated this event was created as an effort to raise money to replace the gates on the east and west ends of Elizabeth Boulevard and to this day continued to help fund other projects in the area including the restoration of their historic street lights. He declared that after 100 years, Ryan Place, the oldest intact residential neighborhood in Fort Worth, still stood as the testament of beauty that John C. Ryan envisioned. Mr. Kline expressed appreciation for the Proclamation and advised that the neighborhood residents looked forward to the next 100 years in Fort Worth. Ms. Mariann Taccia announced the 100th anniversary celebration would be held on March 12, 2011, at 10:30 a.m., in Daggett Park, followed by a tour of area historic homes from 11:00 a.m. to 3:00 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 11 of 30 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) 2. Certificate of Recognition for Raymond Jesse `°R. J.`° Tee ue Mayor Moncrief presented a Certificate of Recognition for Raymond Jesse "R.J." Teague to Jim Teague and family, Teague Lumber. He advised that Mr. Teague passed away on January 31, 2011, and stated that the City of Fort Worth posthumously recognized Raymond Jesse "R.J." Teague for over six (6) decades of commitment to hard work, fairness and treating people right on his 100th Birthday. He further stated that on March 1, 1911, Mr. Teague was born in a log cabin near Cuba in Wise County and was the eldest son of Oscar and Nora Franklin Teague. He advised that when Mr. Teague was only 10 years old, his mother passed away and left him to help raise his two (2) younger brothers, until his father's death in 1937. He pointed out that from an early age and with limited resources and only two (2) years of formal education, Mr. Teague learned to work hard. He advised that in 1931, he married his beloved Opal Smith and together the couple had three (3) sons and a daughter, Don, Jim, Elaine and Bob. He added that before opening his own business R.J. Teague Lumber in 1944, Mr. Teague worked for several companies including Morrow Wrecking, Chickasaw Lumber and Sinclair Refinery. He also advised that after the Trinity River crested its banks in 1949 and put Teague Lumber under more than 15 feet of water destroying most of its supplies, Mr. Teague and his son Jim worked to rebuild the family business and through perseverance and hard work overcame the devastation. He also noted that although Mr. Teague had many personal and professional accomplishments in his life, his greatest legacy was the passion, love and unwavering faith that he had in the Lord. He added that accomplishments like these went a long way in strengthening Fort Worth's reputation as one of America's Most Livable Communities and ensured that the City was recognized as one of the best places to live, work, play and retire. Mr. Jim Teague expressed appreciation to the Mayor and Council Members on behalf of his family, for the Certificate of Recognition and stated his father was a kind and gentle man who would be missed. 1. Upcoming a nd Recent Events Council Member Burns recognized the members and leaders of Boy Scout Troop Number 9 from University Methodist Church, who attended the meeting. He advised that the Boy Scouts were working on both their Citizenship in the Community and Communication Merit Badges and wished them future success in scouting. Mayor Moncrief stated the scouts were the future leaders of the city, state and nation and pointed out that their future 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 MARCH 8, 2011 PAGE 12 of 30 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Council Member Burns also announced that he was invited by President Obama and the First Lady to participate in a conference to prevent bullying. He stated he would travel to Washington, D.C. on March 9, 2011, and the conference would be held at the White House, where a number of the top educators from around the country would be present. Council Member Moss announced that a Police Forum with Police Chief Jeff Halstead would be held on March 10, 2011, at 6:00 p.m., at the Holy Tabernacle Church of God in Christ, located at 2800 East Loop 820 South. He stated the topics of discussion would include the February 28, 2011, Police Department shooting tragedy and Police Department services provided in the Stop Six Sunrise area. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL There were no changes in membership on boards and commissions. 5i 1 c i 1 111! !1111 1 lai 1 iniiin c 1111101 1 , Ms. Cynthia Smith, Chair, Fort Worth Commission for Women, stated that the Commission recognized women and organizations in the community for their efforts, talents and skills in making Fort Worth a better place for all residents. Council Member Hicks and Ms. Smith presented the Commission's Annual Certificates of Recognition as follows: Ms. Allison Stinnett, Outstanding Young Women Who Volunteer Ms. Jodi Perry, Outstanding Women Who Volunteer Safe Haven of Tarrant County, Outstanding Women's Advocacy Organization Ms. Jill "JR." Labbe, Outstanding Women in the Workplace Mayor Moncrief expressed appreciation to the recipients for serving the City. He stated the Fort Worth Commission for Women representing a growing army of women who were committed to making the City a better place to live, work and play. He stated that the work place was not always a fair place and there was a long way to go. He pointed out that until equality was achieved it was imperative for everyone to continue working on the cause. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 13 of 30 XIIL RESOLUTIONS 1. A Resolution Amending the Rul es of Procedures of the CjjLC ci the Citj of Fort Wo rt , Texas. (Continued from a Previous Meeting) Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that the Resolution be continued until the March 22, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3972 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. REPORT OF THE CITY MANAGER B. General 111 ...... .......... ........ ......... ......... (PUBLIC ;,,,,,,.. ,mp , nti It appeared that the City Council, at its meeting of February 8, 2011, 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 ", 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, provided a staff report and requested that Mayor and Council Communication G -17140 be continued to the April 5, 2011, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 14 of 30 (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 Council Member Moss, that Mayor and Council Communication No. G -17140 be continued to the April 5, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. =1 1111111111111 11 11 , �� The recommendation was that the City Council Accept a Donation of Four (4) Bronze Sculptures From the Friends of the Fort Worth Public Library, Inc. Dr. Gleniece Robinson, Director, Public Library, appeared before Council and presented photographs of the four (4) bronze sculptures that were donated by the Friends of the Fort Worth Public Library, Inc. Ms. Bunny Gardner, President, Friends of the Fort Worth Public Library, Inc., expressed appreciation to the Mayor and Council Member for the continued partnership. Mayor Moncrief and Mayor Pro tem Scarth expressed appreciation to the Friends of the Fort Worth Public Library, Inc., the donation and for their leadership in mobilizing support for the Fort Worth Public Library. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17222 be approved with appreciation to the Friends of the Fort Worth Public Library, Inc. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. MSC G -17223 -Authorize the C ant from e Federal Aviation Administration e A $20,000,000.00 r Phase XII of the Alliance a Extension Project at Fort Worth Alliance Air rt and A t Annronriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 15 of 30 (G -17223 Continued) The recommendation was that the City Council Authorize the City Manager to Apply for and Accept, if Awarded, a Grant From the Federal Aviation Administration in the Amount Up to $20,000,000.00 for Phase XII of the Runway Extension Project at Fort Worth Alliance Airport; Authorize the Use of Land Credits in the Amount Up to $1,052,631.58 for the City's In -Kind Local Match of Five (5) Percent of the Project Cost; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Airport Grants Fund in the Amount of $21,052,631.58, Subject to Receipt of the Grant. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. G -17223 be approved and Appropriation Ordinance No. 19581 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. MSC G -17224 -Authorize the City Manager to Annly for and Accent, if Awarded, a Grant from the Federal Aviation Administration in the Amount Up to $1, to str ct Airfield Pavement Rehabilitation on Runways, Taxiways, and Aprons, Runway Guard Light Rehabilitation., a recisi Approach Pat is t r Rehabilitation at Fort Worth Alliance And Adopt Annronriation Ordinance Airport. The recommendation was that the City Council Authorize the City Manager to Apply for and Accept, if Awarded, a Grant From the Federal Aviation Administration in the Amount Up to $1,000,000.00 to Construct Airfield Pavement Rehabilitation on Runways, Taxiways and Aprons, Runway Guard Light Rehabilitation and Precision Approach Path Indicator Rehabilitation at Fort Worth Alliance Airport; Authorize the Use of Land Credits in the Amount Up to $52,631.58 for the City's In -Kind Local Match of Five (5) Percent of the Project Cost; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $1,052,631.58, Subject to Receipt of the Grant. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17224 be approved and Appropriation Ordinance No. 19582 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. MSC G -17225 - Authorize Acceptance and Recording of a Gift heed from the Fort Worth Zoolo2ical Association rte Museum of Livin2 Art Exhibit. The recommendation was that the City Council Authorize the Acceptance and Recording of the Gift Deed From the Fort Worth Zoological Association for the Museum of Living Art Exhibit. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 16 of 30 (G -17225 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 17 of 30 (G -17227 Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Kent Penney, Director, Aviation Department, appeared before Council and provided a staff report. 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 Council Member Burns, that the public hearing be closed and Mayor and Council Communication No. G -17227 be approved and Appropriation Ordinance No. 19584 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract Amount to 4, The recommendation was that the City Council Authorize the City Manager to Execute Contract Amendment No. 1 to City Secretary Contract No. 41388 in the Amount of $12,000.00 for MIPRO Consulting in Support of Assessing the City's Use of Oracle PeopleSoft 9.1 HCM Software, Thereby Increasing the Total Contract Amount to $61,140.00. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24778 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. MSC C -24779 - Authorize Execution of Amendment to City Secretary Contract No. 37293,.,,.a Public i t- - ay Use Agreement ra ti exas Midstream Gas Services, LLC, a License to Construct and Ouerate a Natural Gas Pipeline, to Permit Additional Pipeline Crossings at Atkins Street, Riley Street, and McClure Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 18 of 30 (C -24779 Continued) The recommendation was that the City Council Authorize the City Manager to Amend City Secretary Contract No. 37293, a Public Right -of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct and Operate a Natural Gas Pipeline Across Atkins Street, West of McClure Street; Riley Street, West of McClure Street; McClure Street, North of Ripy Street; Ripy Street, East of McClure Street; Minden Street, East of McClure Street; Joe Frazier Road, South of Minden Street; Butler Street, East of Stanphill Street and Elva Warren Street, East of Stanphill Street. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24779 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. c , ,, Nei2hborhood Grocery Store. The recommendation was that the City Council Authorize the City Manager to Execute an Economic Development Program Agreement With Oliver's Fine Foods, Inc., for the Conversion of Vacant Space at 415 Throckmorton Street Into a Neighborhood Grocery Store. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24780 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 the City. The recommendation was that the City Council Authorize the City Manager to Execute an Interlocal Agreement With the Fort Worth Independent School District for the Maintenance of the Eastern Hills Storm Water Management Facility at No Cost to the City. Council Member Moss 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 Espino, that Mayor and Council Communication No. C -24781 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Moss. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 19 of 30 The recommendation was that the City Council Authorize Contract Amendments With eVerge Group of Texas, Ltd., and Salvaggio, Teal and Associates, for Extended Support of the City's PeopleSoft System for Human Resources and Payroll in Amounts Not to Exceed $3,285,829.00 for eVerge and $199,745.00 for Salvaggio, Teal and Associates; Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $3,485,574.00 and Decreasing the Unreserved, Undesignated, Unaudited Fund Balance by the Same Amount, for the Purpose of Transferring Said Funds to the Specially Funded Capital Projects Fund; Authorize the Transfer From the General Fund to the Specially Funded Capital Projects Fund; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Specially Funded Capital Projects Fund From Available Funds for the Purpose of Funding Additional Consulting Support for the Enterprise Resource Planning, Phase I. Mayor Moncrief advised there was extensive discussion on this issue during the Pre - Council meeting and the amendment to Mayor and Council Communication No. C -24782 would be to change the total amount appropriated to $1,776,426.00 wherever it appeared, and amend the amount to be paid to eVerge to an amount not to exceed $1,576,681.00 for services for Police and Fire only, and the $199,745.00 for Salvaggio, Teal and Associates would remain the same. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24782 be approved as amended and that an overview of the ERP system be presented to the Council and the remainder of the funding be reviewed by Audit and Finance Committee, and Supplemental Appropriation Ordinance No. 19585 -03 -201 and Appropriation Ordinance No. 19586 -03 -2011 be adopted. Mayor Pro tem Scarth requested a report on how the MIPRO suggestions were currently being implemented, within the next few weeks. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 20 of 30 XV. ZONING HEARING a) 45 feet or 3 stories, whichever is less; or b) 60 feet or 5 stories, whichever is less, if: i. Residential uses constitute 20 percent or more of a building's gross floor area, and ii. Office, eating and entertainment, and /or retail sales and service use constitute 10 percent or more of the building's gross floor area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 21 of 30 (ZC -10 -183 Continued) iii. Residential projects utilize structured parking that is completelX obstructed from view from the Primary Street and the requirements for Parking Structure Facades in Section 4.902.F.7. MU -2 and MU -2G a) 60 feet or 5 stories, whichever is less; or b) 120 feet or 10 stories, whichever is less, if: i. Residential uses constitute 20 percent or more of a building's gross floor area, and ii. Office, eating and entertainment, and /or retail sales and service use constitute 10 percent or more of the building's gross floor area. iii. Residential projects utilize structured parking that is completelX obstructed from view from the Primary Street and the requirements for Parking Structure Facades in Section 4.1002.F.7. Staff Recommendation: Retain current ordinance C. 9. Maximum Residential Units per Acre MUZAG /Zoning Commission Recommendation: MU -1 and MU -1G: None. , ineltides -- ornee, ea+ing and entei4 �er�retail MU -2 and MU -2G: None. ; er- Ne limit if the Staff Recommendation: Modify maximum density as follows: MU -1 and MU -1G: Maximum residential units per acre: 40; or 70 69 if the project includes office, eating and entertainment, and /or retail sales and service uses that constitute at least 10 percent of gross floor area. MU -2 and MU -2G: Maximum residential units per acre: 70 60; or no limit if the project includes office, eating and entertainment, and /or retail sales and service uses that constitute at least 10 percent of gross floor area. D. 1. Commercial and Mixed -Use Parking Table MUZAG /Zoning Commission Recommendation: For developments within' /4 mile of an entrance to an existing or approved passenger rail station or stop, reduce the maximum parking allowed from 100 percent to 75 percent of parking requirement listed in Section 6.201B. Staff Recommendation: Retain current ordinance CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 22 of 30 (ZC -10 -183 Continued) E. 1. Bufferyard and Supplemental Building Setback MUZAG /Zoning Commission Recommendation: Retain current ordinance. Staff Recommendation: Make transitional height plane more restrictive as follows: c. All uses, other than one- or two - family adjacent to one- and two- family districts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial ( "E ") District, as described in 6.300C Area Requirements. In addition, a transitional height plane of 45 degrees shall apply to all portions of a building above 45 feet or 3 stories, whichever is less, starting from the property line of the one- or two - family district. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of building above 45 feet or 3 stories must be set back an additional foot or each additional foot in height, with the plane starting from the property line of the one- or two - family district. This standard is illustrated in Figure 4.1 below. These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one- or two - family districts that serve as public open space, such as parks and drainage ways. propelx 1-11ne x u 45 feet or 3 stories. w r ' 60 feet hrelgN 'whiichever is less maximum far , mixed-use n u a n 20 fleet One -- oT Twc Family, Motion: There being no one present desiring to be heard in connection with the Text Amendment, Council Member Burns made a motion, seconded by Council Member Hicks, that the public hearing be closed and Zoning Docket No. ZC -10 -183 be approved, as amended, with appreciation to the Planning and Development Department staff and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 23 of 30 ORDINANCE NO. 19587 -03 -2011 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 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). The motion carried unanimously nine (9) ayes to zero (0) nays. 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 February 15, 2011. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. i i+ 1, and new tire sales; site plan included. (Recommended for Approval) Mr. Michael Clark, representing the applicant, 6750 Hillcrest Plaza #325, completed a speaker card in support of Zoning Docket No. ZC -11 -004, but did not wish to address the City Council. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -004 be approved with appreciation to staff and to the applicant. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 24 of 30 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 25 of 30 Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -016 be approved with appreciation to the Planning and Development Department staff and the Northside Neighborhood Association. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 26 of 30 I ......... T4/HSE" Near Southside-T4 District/Hi It .................. y ... (Recommended for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 27 of 30 It 1, (Recommended for Approval) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman that Zoning Docket No. ZC -11 -024 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Mayor Pro tem Scarth left his place at the dais.) 11 '1111111"Mm'' LE AWXXL� ........ ........ �1 1 1 The following individuals appeared before Council in support of Zoning Docket No. ZC -11 -025 and relative to the high end detail service that this business would provide. They displayed the site plan and photograph of the business and advised that traffic and parking concerns of area businesses had been addressed. They advised that the starting price for their services would be approximately $40.00 which would cater to luxury car owners. They further advised that the renovations to the vacant building would enhance the appearance of the area. They also submitted a letter of support from the owner of Italian Express, which was located next door to 5700 McCart Avenue. Mr. Jack Lee, representing the applicant, 8009 Ocean Drive Mr. Early Jackson, Applicant, 10273 East Rancho Diego Lane, Crowley, Texas 76036 Motion: Council Member Jordan made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -11 -025 be continued until the April 12, 2011, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth 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 Jordan made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 28 of 30 ORDINANCE NO. 19588 -03 -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 Mayor Pro tem Scarth absent. (Mayor Pro tem Scarth returned to his place at the dais.) XVI. CITIZEN PRESENTATIONS .. I 1. I0 . , , t Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to unauthorized use of motorized wheelchairs and displayed a photograph of a wheelchair from a local pawn shop. He advised that this wheelchair was worth approximately $3,500.00 and was being sold for $750.00. He stated people who did not have a medical concern were using the wheelchairs and clogging the buses. He advised this was a waste of federal tax dollars and requested the city enact an ordinance to remedy this situation. He displayed photographs of various signs on The "T" buses and stated one was for a Christian adoption agency and another was an atheist sign. He pointed out that the signs should be removed from City buses. He advised that he would speak about cleanliness and public safety relative to the Humane Society and the Salvation Army at a future meeting. Other Citizen Presentations: Mr. Bryan Blagg, representing Blagg Maintenance Company, 206 Churchill Court, Weatherford, Texas 76085, appeared before Council and advised that his company had a contract with the City for alley maintenance. He stated that he was notified that the contract would be terminated. He displayed photographs of debris in alleys that the company picked up on a regular basis per the contract. He stated that keeping the alleys clean directly impacted the health and public safety of residents and visitors. He stated that alley maintenance was an investment program and if the alleys were allowed to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 29 of 30 (Other Citizen Presentations Continued) return to an unkempt state, more money would be spent to bring the alleys back up to code than if the alleys were properly maintained. He stated he was told the entire alley maintenance project was put on hold due to budget constraints. He also advised that his company hired workers through the Texas Re- entry Program and the Day Resource Center and was proud to provide a source of income for those who had been struggling. Mr. Greg Simmons, Acting Director, Transportation and Public Works Department, advised that the contract ran from April 1, 2009 to March 30, 2010, and the decision was made defer to service items for March into the next contract year which would begin in April. He further advised that due to budget constraints in the coming year the contract would be re- evaluated and a recommendation would be made to the Council during the regular budget process. Council Member Hicks requested clarification of why services in March were deferred since the funds for this contract were approved in the last budget year. Mr. Simmons advised that in March, the growing season had not begun and the decision to push March services into April was made because the need for services was higher in April. Council Member Hicks and Burns agreed that this program was vitally important to the City and advised they were big proponents of cleaning these alleys and it was a major problem throughout the city. They stated that clean alleys were a crime deterrent and reiterated the importance of this project. Mr. Blagg advised there would be an estimated $100,000.00 in contract savings due to services that were built into the contract but that were not being provided based on need. The following individuals appeared before Council relative to the February 28, 2011, Police Department shooting tragedy involving Charal "RaRa" Thomas and Police Department services in the Stop Six Sunrise area. They requested information relative to the Rules of Procedures and Guidelines of the Police Department. They stated that the death was unnecessary and alleged that the Police Officer did not follow proper police procedures. They also advised that the Stop Six Sunrise Community felt they did not receive proper respect and added the residents and children were afraid to be approached by Police Officers. They stated it would be hard for Mr. Thomas's children, who were in the car at the time of the incident to trust Police Officers. They requested a public meeting to review proper procedures and to encourage cooperation among both the community and the Police Officers patrolling the area. They also requested policy change and enforcement as well as Police Officers who were willing to follow the policies. Pastor Randolph Shaheed, Humanity of God's Word Church, 4916 Ramey Avenue Mr. Jimmy Blackwell, 5116 Norma Street Ms. Charmen Collins, 809 Glen Garden Street Mr. Robert Polk, 2925 Las Vegas Trail CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 8, 2011 PAGE 30 of 30 (Other Citizen Presentations Continued) Mayor Moncrief, Mayor Pro tem Scarth and Council Members Moss and Hicks, all stated this was a tragedy for both the Police Officer and Mr. Thomas's family. They further stated that this was a tragedy for the entire City. They pointed out that no one had good feelings about what happened and requesting rules of procedure for the Police Department would not answer the questions of the community. They stated Police Chief Halstead was taking the community concerns very seriously and encouraged everyone to attend the Police Forum with Police Chief Jeff Halstead on March 10, 2011, 6:00 p.m., at the Holy Tabernacle Church of God in Christ, located 2800 East Loop 820 South. XVIII. ADJOURNMENT There being no further business the meeting was adjourned at 8:51 p.m. These minutes approved by the Fort Worth City Council on the 22nd day of March, 2011. Attest: M V. _M� Marty He rix City Secretary