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HomeMy WebLinkAbout2011/05/10-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 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 Present: 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 7:02 p.m., on Tuesday, May 10, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. H. INVOCATION m Pastor Oliver Hill, Pilgrim Valley Dagtist Church The invocation was provided by Pastor Oliver Hill, Pilgrim Valley Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 3, 2011 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the minutes of the regular meeting of May 3, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 2 of 21 6, Interim City Manager Higgins requested that Mayor and Council Communication Nos. G -17271 be withdrawn from the Consent Agenda for individual consideration and P -11228 be withdrawn from the Consent Agenda. Interim City Manager Higgins requested that Mayor and Council Communication Nos. P- 11228, P -11234 and L -15180 be continued until the May 17, 2011, Council meeting. VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, 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 -17269 - Authorize Payment to the Atmos Gas Cities Steering Committee in the Amount of $36,012.50 to Fund Participation in Dockets, Rate Cases and Other Proceedings Related to Gas Utility Regulations. The City Council approved the following recommendation: Authorize the City Manager to Pay the Sum of $36,012.50 to the Atmos Gas Cities Steering Committee to Fund Participation in Current and Upcoming Dockets, Rate Cases and Other Proceedings Related to Gas Utility Regulation. 2. M &C G -17270 - Authorize Payment to the Standing Steering Committee of Oncor Electric Delivery Service Area Cities in the Amount of $72,025.00 to Fund Participation in Current and Upcoming Electric Utility Dockets and Rulemakings Related to Electric Utility Regulation at the Texas Public Utilities Commission. The City Council approved the following recommendation: Authorize the City Manager to Pay the Steering Committee of Oncor Electric Delivery Service Area Cities the Sum of $72,025.00 to Fund Participation in Current and Upcoming Electric Utility Dockets and Rulemakings Related to Electric Utility Regulation at the Texas Public Utilities Commission. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 3 of 21 (VII. CONSENT AGENDA Continued) B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11227 - Authorize a Purchase Agreement with Polydyne, Inc., for Liquid and Powder Polymers for the Water Department for an Initial Annual Amount of $175,000.00. The City Council approved the following recommendation: Authorize a Purchase Agreement With Polydyne, Inc., for Liquid and Powder Polymers for the Water Department for an Initial Annual Amount of $175,000.00. 3. M &C P -11229 - Authorize a Sole Source Purchase Agreement with Rosemount Inc., for Water Pressure and Level Transmitters for the Water Department for an Initial Annual Amount of $207,420.00. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Rosemount Inc., for Water Pressure and Level Transmitters for the Water Department for an Initial Annual Amount of $207,420.00. 4. M &C P -11230 - Authorize a Purchase Agreement with Goodwill Industries of Fort Worth, through TIBH Industries, Inc., to Provide Grounds Maintenance for the Parks and Community Services Department and the Water Department for an Initial Amount of $160,000.00. The City Council approved the following recommendation: Authorize a Purchase Agreement With Goodwill Industries of Fort Worth, Through TIBH Industries, Inc., to Provide Grounds Maintenance for the Parks and Community Services Department and the Water Department for an Initial Amount of $160,000.00. 5. M &C P -11231 - Authorize a Sole Source Purchase Agreement with Horizon Technology, Inc., for Consumables, Parts, and Maintenance Services for Existing Horizon Technology, Inc., Equipment for the Water Department for an Initial Amount of $72,405.00. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Horizon Technology, Inc., for Consumables, Parts and Maintenance Services for Existing Horizon Technology, Inc., Equipment for the Water Department for an Initial Amount of $72,405.00. 6. M &C P -11232 - Authorize a Sole Source Purchase with Dionex Corporation for a Capillary Ion - Chromatographic System for the Water Department for a Total Amount of $83,406.31. The City Council approved the following recommendation: Authorize a Sole Source Purchase With Dionex Corporation for a Capillary Ion - Chromatographic System for the Water Department for a Total Amount of $83,406.31. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 4 of 21 (VII. CONSENT AGENDA Continued) 7. M &C P -11233 - Ratify the Purchase of Six Previously Leased Motorcycles and Authorize the Purchase of Up to Eleven Additional Currently Leased Motorcycles from Texas Harley - Davidson for the Police Department for a Total Combined Amount of $262,500.00. The City Council approved the following recommendation: Ratify the Purchase of Six (6) Previously Leased Motorcycles From Texas Harley- Davidson for the Police Department in the Amount of $81,000.00; and Authorize the Purchase of Up to 11 Additional Currently Leased Motorcycles From Texas Harley- Davidson for the Police Department in an Amount Up to $181,500.00. E. Award of Contract - Consent Items 1. M &C C -24899 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 40758 with Kimley -Horn and Associates, Inc., in the Amount of $36,000.00, to Conduct a Downtown Bicycle Facilities Pilot Program. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 1 in the Amount of $36,000.00 to City Secretary Contract No. 40758, an Engineering Services Agreement With Kimley -Horn and Associates, Inc., for Additional Professional Engineering Services Thereby Increasing the Total Fee to $162,975.00, to Conduct a Downtown Bicycles Facilities Pilot Program. 2. M &C C -24900 - Authorize Execution of Change Order No. 1 through Change Order No. 8 by the Texas Department of Transportation Resulting in a Net Credit of $437,762.56 for the Construction of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377. The City Council approved the following recommendation: Authorize the Approval of Change Order No. 1 Through Change Order No. 8 by the Texas Department of Transportation for a Net Credit to the Construction Contract in the Amount of $437,762.56 for the Construction of Golden Triangle Boulevard From Interstate Highway 35W to US Highway 377. 3. M &C C -24901 - Authorize Execution of Change Order No. 2 in the Amount of $188,851.25 to City Secretary Contract No. 40674 with JLB Contracting, LLC, for Hot Mix Asphaltic Concrete Surface Overlay 2010 -4 at Various Locations. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 2 in the Amount of $188,851.25 to City Secretary Contract No. 40674 With JLB Contracting, LLC, for Hot Mix Asphaltic Concrete Surface Overlay 2010 -4 at Various Locations, Thereby Increasing the Total Contract Amount to $1,355,009.95. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 5 of 21 (VII. CONSENT AGENDA Continued) 4. M &C C -24902 - Adopt the Supplemental Appropriation Ordinance Increasing Appropriations in the Storm Water Utility Fund in the Amount of $89,211.00 and Decreasing the Unaudited, Unreserved, Undesignated Storm Water Utility Fund Balance by the Same Amount, Authorize the Execution of a Contract with Alan Plummer Associates, Inc., for the Design of Forest Hill Channel Improvements and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19677 -05 -2011 Increasing the Estimated Receipts and Appropriations in the Storm Water Utility Fund in the Amount of $89,211.00, and Decreasing the Unaudited, Unreserved, Undesignated Storm Water Utility Fund Balance by the Same Amount, for the Purpose of Transferring Said Funds to the Storm Water Capital Projects Fund for the Forest Hill Channel Improvements; Authorize the Transfer From the Storm Water Utility Fund to the Storm Water Capital Projects Fund; Adopt Appropriation Ordinance No. 19678 -05 -2011 Increasing the Estimated Receipts and Appropriations in the Storm Water Capital Projects Fund From Available Funds; and Authorize the City Manager to Execute a Contract With Alan Plummer Associates, Inc., in the Amount of $89,211.00 for the Design of Forest Hill Channel Improvements. 5. M &C C -24903 - Authorize Execution of Change Order No. 1 in the Amount of $560,494.00 for a Total Contract Amount of $14,137,844.00 to City Secretary Contract No. 29110 -A4 with Johnson Controls, Inc., for the Energy Savings Performance Contract at Village Creek Water Reclamation Facility. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $560,494.00 for a Total Contract Amount of $14,137,844.00 to City Secretary Contract No. 29110 -A4 With Johnson Controls, Inc., for the Energy Performance Contract at Village Creek Water Reclamation Facility. 6. M &C C -24904 - Authorize Execution of Change Order No. 1 in the Amount of $210,587.89 to City Secretary Contract No. 40720 with Reynolds, Inc., for Construction of the North and South Holly Ozone Upgrade Project, Located at 1500 Eleventh Avenue. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $210,587.89 to City Secretary Contract No. 40720 With Reynolds, Inc., for Construction of the North and South Holly Ozone Upgrade Project, Located at 1500 Eleventh Avenue, Thereby Increasing the Amount of the Contract to $23,504,087.89. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1813 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 6 of 21 A. General — (Removed from Consent for Individual Consideration) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 7 of 21 IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of the Office of Emergtfli121AflAggM0L20I2 Calendar Contest A ar ees Council Member Sal Espino presented the Office of Emergency Management 2012 Calendar Contest Awardees and stated the Emergency Management Operations Division, Fire Department, received 181 entries from 14 Fort Worth Independent School District (FWISD) elementary schools. He further stated that 14 pieces of winning artwork would be published in a 2012 calendar later this fall. He added that the calendar would be given out to the public to help promote emergency preparedness during public events, libraries or through requests. He advised that all of the students had received a Molly Pin in recognition of the contest. Carl Smart, Executive Assistant, Emergency Management Operations, Fire Department, stated KnoWhat2Do was a regional emergency preparedness public education campaign that the Fort Worth Fire Department used to help inform citizens on how to prepare for natural and manmade disasters. He further advised that the Fire Department Emergency Management Operations Division sponsored an art contest for FWISD fourth and fifth grade school children. He stated that disaster preparedness was the subject matter and students created artwork from the safety precautions that they learned from the emergency preparedness program. He stated the students had received a Molly Pin, a trophy and a movie ticket to commemorate their winning piece of artwork. He expressed appreciation to Ms. Beverly Fletcher, Art Director; Mark Bethany, Emergency Management Coordinator, FWISD; the Tarrant County Emergency Management Team; the Lockheed Martin Emergency Management Team and Mr. Randy Westerman, Public Education Specialist, City of Fort Worth Emergency Management Operations Division, for their hard work and support of this project. He recognized the following students and displayed their artwork: Christopher Gomez — Front Cover - Manuel Jara Elementary Elizabeth Ingram — January - Westcreek Elementary Valerie Hernandez — February - Lowery Road Elementary Raul Escobar — March - South Hills Elementary Cindy Corea — April - W. M. Green Elementary Nancy Martinez — May - North Hi Mount Elementary Matthew Vitolas — June - M. I. Logan Elementary Jayden Gales — July - C. C. Moss Elementary Summer Anderson — August - Westpark Elementary Antoinette Lujan — September - M. H. Moore Elementary Rosa -Isela Jimeniz — October - Meadowbrook Elementary Joana Garcia — November - West Handley Elementary Alexandra Vera — December - S. S. Dillow Elementary Itzel Martinez — Back Cover - T. A. Sims Elementary CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 8 of 21 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #1 Continued) Mayor Moncrief expressed appreciation to the students and volunteers for their work on this project. He stated the students were the future leaders in the community and were limited only by their imagination as to what they could accomplish in life. 2. Presentation of the Walter Dansby Tower Achievement Award to Fort Worth Independent School District Students Mr. Barry Smith, Director, FWISD Truancy Intervention Program, stated the Walter Dansby Tower Achievement Award recognized high school students who had truancy issues and had overcome them to become successful students. He further stated the award was named in honor Mr. Walter Dansby, a former coach, teacher, principal and FWISD Deputy Superintendent and the "Tower" in the award's name related to the Bank One Tower that was badly damaged by the tornado but now was a vibrant part of downtown. He advised that the FWISD Comprehensive Truancy Initiative Program (CTIP) was an award - winning program that devised solutions to prevent chronic truancy and dropout among students. He also advised that through this program students were identified and directed to services that would help them to refocus their educational career toward graduation. He pointed out that CTIP had helped thousands of students attend school and be successful in the classroom. He added that Score a Goal in the Classroom, FWISD, the City and the District Attorney's Office all collaborated on this program. Council Member Burns presented medallions to 13 students or to their program sponsors on behalf of the students, who were nominated for the Walter Dansby Tower Achievement Award. Mr. Smith and Mr. Ernie Horn, Executive Director, Score a Goal in the Classroom, announced Miss Senaida Garay, Pascal High School, as the winner of the Walter Dansby Tower Achievement Award. Mr. Smith also expressed appreciation to Mayor Moncrief, Mayor Pro tem Scarth, Interim City Manager Higgins, and Judge Sharon Newman - Stanfield for their support of the program. Mayor Moncrief and Council Member Burns stated that it was evident by these students that paths could be changed and congratulated the students on their achievement. They encouraged the students to continue on the path to success and urged the students to support others who might be having trouble. 3. Presentation of Proclamation for National Tourism Week Council Member Carter Burdette presented a Proclamation for National Tourism Week to Mr. David A. DuBois, President and CEO, and Mr. Johnny Campbell, Chairman, Fort Worth Convention and Visitors Bureau (FWCVB). He stated that the United States (U.S.) domestic spending on leisure travel generated over $77 billion in U.S. tax revenues, Texas spending on leisure travel generated over $7 billion in Texas tax revenues and the Fort Worth tourism industry generated over $30 million in total local tax revenues while supporting 19,000 jobs. He further stated that the approximate number of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 9 of 21 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #3 Continued) out -of -town visitors to Fort Worth was 5.5 million visitors who stayed 10.2 million days annually and the total economic impact of those visitors who came to this great city was estimated to be $1.3 billion annually. He advised that the FWCVB staff developed, implemented and supported the sales, marketing and guest services for the City in addition to engaging numerous business executives and citizen partners in their important work. He also pointed out that Fort Worth enjoyed a very balanced mix of hospitality industry business that included meetings, conventions, tradeshows, equestrian events, leisure tourism and business executive travel and expressed appreciation for the wonderful promotion video of the DFW area that was shown prior to the presentation of the Proclamation. Mr. Campbell stated today was National Rally Around Tourism Day and stated that the City of Fort Worth had a big part in the tourism and retail funds received in the area. He stated an increase in room nights was seen in both 2010 and the first quarter of 2011. He expressed appreciation to the Mayor and Council for their focus and their efforts with the FWCVB. Mayor Moncrief expressed appreciation to Mr. Campbell for his leadership and stated the City had the best convention and visitors bureau, which made the City a great place to visit. 1. Uncomin2 and ece t Events Council Member Moss announced that the City Council and Infrastructure and Transportation Committee Members toured the Village Creek Water Reclamation Facility today. He also announced that the Village Creek Reclaimed Water Project was the recipient of the United States Environmental Protection Agency 2010 Sustainable Public Health Protection Award. He stated that the award was based upon successful design projects for clean safe water as well as exceptional planning, management and financing of the project. He pointed out that this facility was a green facility and added that representatives from the cities of Arlington and Euless and the Dallas/Fort Worth International Airport were also present at the facility as they also received the benefits of the reclaimed water. He also announced that the "Pull `Em Up" Campaign was in its second year and stated the campaign encouraged young people to pull up their pants to their waistline. He displayed a sample of the signage that was placed on The T buses and added that Clear Channel Communications would also be displaying bill boards advertising the campaign. Ms. Shawna Russell, Director of Governmental Relations, The T, appeared before Council and stated that she was very honored to work with the City and community on the campaign. She added that the priority of The T was to ensure that all riders using mass transit were comfortable when they rode the buses. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 10 of 21 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Mayor Moncrief stated that this was a great partnership and the first year of the campaign was very successful. Council Member Hicks expressed appreciation to all of the volunteers at MayFest, which was held May 5 through 8, 2011. She stated that the proceeds would benefit the park areas in the community. Council Member Zimmerman announced that the Crown Plaza Invitational Golf Tournament would be held May 16 though 22, 2011. He showed a promotional commercial featuring Mayor Moncrief and encouraged everyone to attend the tournament. He also provided an overview of the schedule for the week of the tournament and advised for more information to visit www.crownplazainvitational.com. Mayor Moncrief advised that Council Member Zimmerman had been a volunteer for 24 years and was in charge of 500 volunteer Marshals. He also noted that Interim City Manager Higgins was also a veteran volunteer for the event. Council Member Burns announced that the Texas Department of Transportation "Click It or Ticket" campaign official kick -off took place on May 9, 2011, and he pointed out that the Fort Worth Convention Center (FWCC) Arena was wrapped with a giant seatbelt in honor of the event. He encouraged everyone to wear their seatbelts when driving or riding in a vehicle and stated he hoped this seatbelt awareness campaign would continue to save lives in the future. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 111111111 willizi Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mr. James Richards be appointed to the Downtown Design Review Board, Place 7 and Ms. Darlene M. Nieswiadomy, be appointed to the Fort Worth Commssion for Women (Representing YWCA Fort Worth and Tarrant County), Place 12, effective May 10, 2011, with terms expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 11 of 21 XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. XIII. RESOLUTION 1. A Resolution A e e rth Vision Plan and A qdinp the Comprehensive Plan to Incorporate the Vision Plan Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Resolution No. 3895-05-2011 be adopted. Ms. Rachel Wiggins, Naval Air Station Joint Reserve Base, 1510 Chennault Avenue, and Ms. Elizabeth Beck-Johnson, Naval Air Station Joint Reserve Base Regional Coordination Committee, 616 Six Flags Drive, Arlington, Texas 76011, appeared before the Council in support of a Resolution adopting the Lake Worth Vision Plan and amending the Comprehensive Plan to incorporate the Vision Plan. They stated that the Naval Air Station was making efforts to include industrial development within the accident potential zones consistent with the land use recommendations; was encouraging lower density development under the noise contour zones with a focus on open space preservation, and was reviewing alternate buffering techniques such as avigation easements under flight paths. They also stated the main objective of the Regional Coordination Committee was to encourage compatible development in accordance with the City's Land Use Plan conduct public outreach and added the Lake Work Vision Plan was compatible with military base operations. Ms. Gale Cupp, 9225 Heron Drive, appeared before the Council in support of a Resolution adopting the Lake Worth Vision Plan and amending the Comprehensive Plan to incorporate the Vision Plan and submitted a letter signed by herself (Gale Cupp, Chair, Neighborhood Association on South Lake Worth), Pat Hyer, President, East Lake Worth Neighborhood Association, Michael Barnard, President, North Lake Worth Neighborhood Association, and Michael Dallas, President Scenic Shores Neighborhood Association. She stated that the four (4) neighborhood association leaders were in support of the newly added wording to Part 4 of the Plan. She stated that that citizen representation on the Lake Worth Regional Coordinating Committee (LWRCC) was paramount in the stewardship of this area of such natural beauty in need of preservation and safeguarding. She expressed appreciation to Council Member Burdette for his support of their effort to have the important wording added to the current Plan. She stated that as a citizen group, they would continue to promote the great park scenario first voiced by the consultants in 2008 when they recommended options for use of this City-owned lake and its surroundings. She stated that as the Plan evolved it would address important elements such as: • Protection by whatever legal means possible to dedicate the open-space and city-owned properties currently exhibited in maps of the current Lake Worth Vision Plan as preserved public property for opportunities as future parklands or conservation zones. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 12 of 21 (XIII. RESOLUTION — Lake Worth Vision Plan Continued) • Promote the best possible safe practices for any gas drilling around this very important water reservoir in order to protect both the water we drink and the air we breathe. • Collaborate with neighborhood leaders and single - family property owners within the Accident Potential Zones (APZ) to investigate the potential advantages and /or disadvantages of avigation easements which are currently suggested in Part Four, page 69, 2.3 of the LWV Plan. She also stated that the establishment of a world class urban park system would require years of focus and effort with new projects being added by input from the LWRCC. She also pointed out that establishing such urban parks would allow Fort Worth to be a formidable competitor for attracting top employers to the area. She pointed out that the newly created LWRCC would provide the mechanism to focus direction, oversee progress, propose new projects, provide a hub of communication and enlist the community's support. Mr. Joe Waller, President, Lake Worth Alliance, 2533 Castle Circle, appeared before the Council in support of a Resolution adopting the Lake Worth Vision Plan and amending the Comprehensive Plan to incorporate the Vision Plan. He stated that he had been involved in meetings regarding the dredging of Lake Worth for many years and was excited to see this plan coming forward. He added the goal was always the reclamation of Lake Worth and the preservation of the park land surrounding the area. He stated that the LWRCC would be essential in the future of the project and should be an effective facilitator of compromise. He pointed out that the committee should be fairly balanced and unbiased which would prove critical to achieving the goals. He expressed appreciation to the Mayor and Council, with special gratitude to Council Member Burdette, Mr. Paul Bounds, Engineer, Water Department and Mr. Fernando Costa, Assistant City Manager, for their many years of support for this project. He stated that Lake Worth Vision Plan was an important legacy that would benefit the entire community. Council Member Burdette expressed appreciation for the remarks about him and stated he looked forward to the redevelopment of Lake Worth. He stated that this plan would create a roadmap for future development. He added that participation by all interested parties was necessary and the development would not happen overnight. He further stated that he hoped everyone would work towards development that would benefit the entire community. Mayor Moncrief expressed appreciation to Council Member Burdette for his commitment to this project. He stated that the Council looked to Council Member Burdette for his guidance and recommendation and stated he has certainly been a wonderful leader. He stated that the LWRCC would be critical in developing this important water reservoir. He added that this product protected park land and balanced the economic development around the area. He also expressed appreciation to City staff for their assistance in developing this plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 13 of 21 (XIII. RESOLUTION — Lake Worth Vision Plan Continued) The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-17272 - Authorize Acce to ce of a Additional $ ,5 in rat Funds for the Low Income Weatherization Program fro m► the Texas Degartment of Housing and Community Affairs, Authorize e ate tract Amendment a Adopt Appropri ati r i a ce. The recommendation was that the City Council Authorize the City Manager to Accept an Additional Grant of $1,500,000.00 From the Texas Department of Housing and Community Affairs for the Low Income Weatherization Program; Authorize the City Manager or his Designee to Execute Amendment No. 1 to City Secretary Contract No. 40820 With the Texas Department of Housing and Community Affairs to Accept the Additional Grant Funds and Extend the Term of the Contract to February 28, 2012; Authorize the City Manager or his Designee to Amend, Extend or Renew Necessary Contracts or Other Related Documents in Accordance With City Policies and Applicable State and Federal Regulations Upon Mutual Agreement With the Texas Department of Housing and Community Affairs; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of a Grant From the Texas Department of Housing and Community Affairs Funded by the American Recovery and Reinvestment Act of 2009, for the Purpose of Funding the Program. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. G -17272 be approved and Appropriation Ordinance No. 19680 -05 -2011 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays. c rwjrn, Board of Directors. The recommendation was that the City Council Authorize the City Manager to Submit the City of Fort Worth's Fiscal Year 2012 Funding Application for $54,789,950.00 to the Crime Control and Prevention District Board of Directors. The following individuals appeared before Council in support of Mayor and Council Communication No. G -17274 and stated the majority of the homeowner associations, including Forest Park, in the area were in support of this waiver request, as well as the 36 high impact sites closest to the drilling site. They stated that Vantage Fort Worth Energy, LLC., had negotiated in good faith for the maximum protection of Fort Worth neighborhoods and had demonstrated their commitment to honor the contract requirements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 15 of 21 (G -17274 Continued) Mr. Mark Sivers, 5652 Wonder Drive Mr. Alan Teichelman, President, Foster Park Neighborhood Association, 4201 Galway Avenue Mr. Rick Brown, 3860 Wonder Court, appeared before Council in opposition to Mayor and Council Communication No. G -17274 and advised he was not against drilling but he and his neighborhood were concerned about safety of the people inside the impact zone. He also stated they were concerned about hazardous materials that were brought in and pumped into the ground as well as the negative effects drilling had on the air quality. He stated that he wished the citizens had the air quality report before they had to make decisions on drilling in their area. He advised that he understood that the City needed the revenue but questioned the impacts that drilling would have on the City in 20 years. He pointed out that there were 46,000 citizens in Council District 6 and Council Member Jordan had to recuse himself due to a business relationship with Chesapeake, so the residents had no representation in their district. He stated the City should put a policy in place so another spokesperson could represent the area if a Council Member had a conflict of interest. Mayor Moncrief advised that Council Member Jordan had recused himself from this item on the advice of the City Attorney and in accordance with the law. He added that as Mayor, he represented citizens from all the districts. Council Member Burdette requested clarification of the location of Mr. Brown's property and if the property was located within the 600 foot high impact area. Mr. Brown clarified that his property was within the 600 foot boundary at one time; however, Vantage Fort Worth Energy, LLC., had moved the location of the well site and it was now 20 feet further and was no longer located in the high impact area. Ms. Jacki Jo Parks, 3858 Wonder Court, appeared before Council in opposition to Mayor and Council Communication No. G -17274 and advised she did not have an issue with the well site or with the company and thought that Vantage Fort Worth Energy, LLC., would represent the area well. She stated her main concern was that the neighborhood signed waivers with Vantage Fort Worth Energy, LLC, in 2008 and agreed the well would be drilled at least 1,000 feet from the closest protected use. She stated that by drilling at 600 feet to the closest protected use, the contract was not being honored. She further advised that she felt the company had moved the well site back far enough so that her property, like Mr. Brown's, would also be located just past the 600 foot high impact area or approximately 20 feet. Mr. Wendell King, 4817 Hildring Drive East, appeared before Council in opposition to Mayor and Council Communication No. G -17274 and advised of concerns about the wells being drilled too close to homes as well as the effects of hazardous materials on the air and water quality. He stated that citizens needed protection from these companies. He further stated that when the last Town Hall meeting was held, the residents were given only a one (1) week notice to get prepared which was not enough time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 16 of 21 (G -17274 Continued) Ms. Tolli Thomas, 5341 Wooten Drive, completed an undecided speaker card and appeared before Council regarding Mayor and Council Communication No. G -17274 and advised that she had been working with Vantage Fort Worth Energy, LLC., since 2008 on this site and believed that they had tried their best to accommodate the residents and were willing to move the drilling site to a lower impact area. She stated the most important issue was safety and Vantage Fort Worth Energy, LLC., had promised to obtain waivers from all property owners located 1,000 feet from the drill site and hoped that they would honor their promise. She also stated that this site was supposed to be operating as an electric site with minimal diesel machinery and encouraged Vantage Fort Worth Energy, LLC., to honor their commitments to the neighbors. Council Member Hicks requested clarification from Ms. Thomas on whether she was in support or opposition of this item. Ms. Thomas advised that she was in support of this request if Vantage Fort Worth Energy, LLC., met all of the requirements and commitments in the original contract. Mr. Rob Forsgren, Interim President, Wedgewood Square Neighborhood Association, 5429 Whitman Avenue, completed an undecided speaker card and appeared before Council regarding Mayor and Council Communication No. G -17274 and stated that Vantage Fort Worth Energy, LLC., agreed that a maximum of three (3) diesel wells could be drilled and then the rigs must be changed to electric. He stated that the safety and security was most important for the residents. He advised that he feared the City would be in clean up mode as soon as the results of the air quality study were released. He also pointed out that vapor recovery units should be installed as a precaution. He further stated that the City should have been mandating these safety features and should have been advocating on behalf of the residents with the drilling companies. Mayor Moncrief requested Mr. Osborne respond to the concerns made by the property owners. Mr. Osborne advised that Vantage Fort Worth Energy, LLC., would honor their commitment of obtaining waivers from the property owners within 1,000 feet of the drill site. He also stated that the reason they could not fully commit to the electric drilling was because Oncor had to provide electricity to the site. He advised that Oncor had assured them that the electricity would be available when needed. He further advised that if the electricity was not in place at the time of drilling then Vantage Fort Worth Energy, LLC., would honor their commitment of no more than three (3) diesel wells drilled at this site. Council Member Hicks requested clarification of why this waiver was before the Council for consideration when all of the logistics had not been worked through. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 17 of 21 (G -17274 Continued) Mr. Osborne advised that all of the issues were contractual between Vantage Fort Worth Energy, LLC., and the lessors not with the City and Vantage Fort Worth Energy, LLC., would honor all of their contractual commitments to the property owners. Council Member Burdette requested clarification from Mr. Trice if the two (2) homes shown on the map in gray inside the 600 foot waiver area were the homes that did not sign waivers. He also requested clarification of whether another waiver had been acquired after the map was printed. Mr. Osborne clarified that Vantage Fort Worth Energy, LLC., had obtained 34 of the 36 waivers and clarified that one (1) property waiver recently been acquired and one (1) property was an abandoned property. He also advised that the company was attempting to be as accommodating as reasonably possible to comply with the 1,000 feet contractual agreement. Council Member Burdette suggested those residents seek legal counsel if Vantage Fort Worth Energy, LLC., did not comply with their contractual agreement. He also stated that safety and air quality had been addressed through the gas drilling ordinance and the air quality study. He further stated that the results of the study would be thoroughly reviewed once they had been received. Council Member Scarth requested clarification of the number of wells that would be drilled at this site. Mr. Osborne advised that 30 to 32 wells were planned for the site based on economic conditions and success at the initial sites. c. Council Action Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that the public hearing be closed and that Mayor and Council Communication No. G -17274 be approved with the understanding that the City was only responsible for the property owners within 600 feet of the gas well pad site. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. C. Purchase of Equipment, Materials, and Services CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 18 of 21 (P -11234 Continued) It was the consensus of the Council that Mayor and Council Communication No. P- 11234, Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Information Systems Fund in the Amount of $4,351,399.39 and Decreasing the Unaudited, Unreserved, Undesignated Information Systems Fund Balance by the Same Amount, for the Purpose of Transferring Said Funds to the Information Systems Capital Projects Fund for Public Safety and Public Works Radio Communications System Replacement; Authorize the Transfer From the Information Systems Fund to the Information Systems Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Information Systems Capital Projects Fund From Available Funds; and Authorize a 12 Year Lease/Purchase Agreement for an Initial Amount of $52,216,792.68 With Motorola Inc., for Equipment and Professional Services Using Houston - Galveston Area Contract Number RA01 -08 for an Initial Annual Amount of $4,351,399.39, be continued until the May 17, 2011, Council meeting. D. Land The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $1,000,000.00 and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount, for the Purpose of Funding the Required Down Payment on the Purchase of 75 Acres of Property From the Federal Government Located at 501 West Felix Street as the Proposed Site for a New Public Safety Training Facility; and Authorize Payment in an Amount Not to Exceed $1,000,000.00 for the Required Down Payment on the Purchase of the Property. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Mayor and Council Communication No. L -15179 be approved and Supplemental Appropriation Ordinance No. 19681 -05 -2011 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 19 of 21 2. M&C L-15180 - Authorize t o Sae of Twenly Seven a -Foreclosed IL2pLrties in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas r_ er y Tax Code for a Total A $53, 73.01. It was the consensus of the Council that Mayor and Council Communication No. L- 15180, Authorize the Sale of 27 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 $53,073.01; 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, be continued until the May 17, 2011, Council meeting. Drive 1 1191111 fflull Terrace, for the Avenue M, South Edgewood Terrace and Valley Vista Reconstruction Project 1 The recommendation was that the City Council Declare That Negotiations Between the City and the Landowner to Acquire a Total of 0.011 Acre of Land Owned by Eliseo Colorado Rodriguez and Martha Rojas and Known as 704 South Edgewood Terrace, Described as a Portion of Lot Y, Block 22, Murray Hill Addition, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful in Reaching an Agreement to Purchase; Declare the Necessity to Take by Condemnation the Subject Property for the Avenue M, South Edgewood Terrace and Valley Vista Drive Pavement Reconstruction Project 513; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire Fee - Simple Interest in the Surface Estate of the 0.011 Acre Portion, but Not the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. L -15181 be approved. The motion carried unanimously nine (9) ayes, to zero (0) nays. XV. ZONING HEARING Mayor Moncrief opened the public hearing. t � ................... .......... I .... .. It appeared that the City Council at its meeting of April 5, 2011, continued Zoning Docket No. ZC- 11 -006A. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 20 of 21 (ZC- 11 -006A Continued) Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth that Zoning Docket No. ZC- 11 -006A be continued until the June 7, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. It appeared that the City Council at its meeting of April 5, 2011, continued Zoning Docket No. ZC- 11 -03OA. The following individuals completed speaker cards in support of Zoning Docket No. ZC- 11 -030A, but did not wish to address the City Council. Mr. Bill Sanders, P.O. Box 50067 Mr. Kenneth Moore, P.O. Box 50067 Motion: Council Member Moss made a motion, seconded by Council Member Espino that Zoning Docket No. ZC- 11 -030A be approved with appreciation to the Planning and Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. 11111i 111l 9 121 511111,21 951 ii c 1 Denial) It appeared that the City Council at its meeting of April 5, 2011, continued Zoning Docket No. SP -10 -008. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman that Zoning Docket No. SP -10 -008 be continued until the June 7, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 10, 2011 PAGE 21 of 21 ORDINANCE NO. 19682 -05 -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 nine (9) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS Mr. Tony Abbs, 5016 Lincoln Oaks North #709, appeared before Council relative to an issue he addressed on February 8, 2011, with his daughter and a Police Officer at his daughter's school. He advised that the Police Officer had filed a false report and stated that he had filed a complaint with the Police Officer's supervisor and nothing had been done to remedy the situation. He stated that he had a witness and a signed statement saying that the police report was falsified. He stated the Police Department was attempting to discredit his witness. Mayor Moncrief advised Mr. Abbs that this issue had been turned over to Police Department Internal Affairs Division. He also directed Interim City Manager Higgins to make an inquiry with the Internal Affairs Division on the status of the investigation. XVIII. ADJOURNMENT There being no further business the meeting was adjourned at 9:19 p.m. These minutes approved by the Fort Worth City Council on the 17th day of May, 2011. Attest: Approv k�Z, I Marty Hen rix Michael . M City Secretary Mayor