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HomeMy WebLinkAbout2011/06/07-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 Present: Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Ctnff Pri vimt- Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:06 p.m., on Tuesday, June 7, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Reverend Frankie Watley, Evangel Temple Reverend Watley, Evangel Temple was unable to attend the meeting. The invocation was provided by Council Member Espino. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 24, 2011 Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that the minutes of the regular meeting of May 24, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 2 of 30 V. ADMINISTRATION OF OATH OF OFFICE TO COUNCIL MEMBERS ELECT SALVADOR "SAL" ESPINO, W. B. "ZIM" ZIMMERMAN, DANNY SCARTH, FRANK MOSS, JUNGUS JORDAN, KATHLEEN HICKS AND JOEL BURNS City Secretary Marty Hendrix administered the oaths of office to Council Members Elect Salvador "Sal" Espino, W. B. "Zim" Zimmerman, Daniel Scarth, Frank Moss, Jungus Jordan, Kathleen Hicks and Joel Burns, respectively. VI. REMARKS AND INTRODUCTIONS BY COUNCIL MEMBERS SALVADOR "SAL" ESPINO, W. B. "ZIM" ZIMMERMAN, DANNY SCARTH, FRANK MOSS, JUNGUS JORDAN, KATHLEEN HICKS AND JOEL BURNS Council Members Espino, Zimmerman, Scarth, Moss, Jordan, Hicks and Burns expressed appreciation to their families, friends, citizens of Fort Worth and staff for their support and provided comments relative to their vision for the future of Fort Worth and their respective districts. Council Member Burdette indicated that he would reserve his remarks for the July 12, 2011, Council meeting when the newly elected District 7 Council Member takes the Oath of Office. VII. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. VIII. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF Interim City Manager Higgins requested that Mayor and Council Communication No. G -17281 be continued until the July 12, 2011, Council meeting and Mayor and Council Communication No. G -17295 be withdrawn from consideration. IX. CONSENT AGENDA Council Member Hicks expressed appreciation to the City Manager's Office staff for allocating funds in the area of Code Compliance relative to Mayor and Council Communication No. G- 17287. She also expressed appreciation to the Housing and Economic Development Department staff for their hard work and assistance with the Park Manor Demolition Project, Mayor and Council Communication No. C -24928 and stated that the apartment complex, near Cobb Park, had been in very poor condition for many years and was very important to the revitalization of southeast Fort Worth. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 3 of 30 (XI. CONSENT AGENDA Continued) A. General - Consent Items 1. M &C G-17283 - Adopt a Resolution Increasing the Maximum Amount to be Paid to the Law Firm of Whitaker, Swindle and Sawyer, L.L.P., by $8,000.00 for Final Payment for the Prosecution of the City's Lawsuit Entitled City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No. 222641 -07 and Adopt Supplemental Appropriation Ordinance Decreasing the Unaudited, Unreserved, Undesignated General Fund Fund Balance by the Same Amount. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19705 -06 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $8,000.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding Legal Assistance in the Lawsuit Styled City of Fort Worth V. Arcadia Park, L.P. and Site Concrete, Inc. Cause Number 153- 222641 -0; and Adopt Resolution No. 3990 -06 -2011 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for Assisting the City With Legal Issues Regarding the Lawsuit by $8,000.00. 2. M &C G -17284 - Adopt a Resolution Approving Revised Fiscal Year 2010 -2011 Budget and Service Plan for Public Improvement District No. 1, Downtown PID. The City Council approved the following recommendation: Adopt Resolution No. 3991 -06 -2011 Approving an Amended Budget for Fort Worth Public Improvement District No. 1 (Downtown PID) for Fiscal Year 2010 -2011. 3. M &C G -17285 - Adopt a Resolution Approving Revised Fiscal Year 2010 -2011 Budget and Service Plan for Public Improvement District No. 7, Heritage PID. The City Council approved the following recommendation: Adopt Resolution No. 3992 -06 -2011, Approving an Amended Budget for Fort Worth Public Improvement District No. 7 (Heritage PID) for Fiscal Year 2010 -2011. 4. M &C G -17286 - Adopt a Resolution Approving Revised Fiscal Year 2010 -2011 Budget and Service Plan for Public Improvement District No. 11, Stockyards PID. The City Council approved the following recommendation: Adopt Resolution No. 3993 -06 -2011 Approving an Amended Budget for Fort Worth Public Improvement District No. 11 (Stockyards PID) for Fiscal Year 2010 -2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 4 of 30 (XI. CONSENT AGENDA Continued) 5. M &C G -17287 - Adopt Supplemental Appropriation Ordinances Increasing Appropriations in the Solid Waste Fund in the Amount of $1,166,743.00 and Decreasing the Unreserved, Undesignated Solid Waste Fund Balance by the Same Amount, Transfer Funds of $930,026.00 from the Solid Waste Fund to the General Fund and Adopt Appropriation Ordinance to Fund Additional Programs within the Code Compliance Department. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19706 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Solid Waste Fund in the Amount of $1,166,743.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding Additional Programs Within the Code Compliance Department; Authorize the Transfer of $930,026.00 From the Solid Waste Fund to the General Fund; and Adopt Appropriation Ordinance No. 19707 -06 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund, From Available Funds, for the Purpose of Funding the Programs. 6. M &C G -17288 - Adopt Ordinance Authorizing the Amendment of Section 13 -24 Fire Appointees, of the Code of the City of Fort Worth, Providing for the Establishment of a New Rank of Division Chief, Increasing the Authorized Positions of the Fire Department by Four and Creating Four Division Chief Positions. The City Council approved the following recommendation: Adopt Ordinance No. 19708 -06 -2011 Amending Section 13 -24 of Chapter 13, "Fire Appointees ", of the Code of the City of Fort Worth (as Amended); Providing for the Creation of Four (4) Division Chief Positions; Adjusting the Total Number of Authorized Positions at Each Classification (Rank) in the Fire Department for Fiscal Year 2010 -2011; Providing for Adoption by Reference of a Statement of Intent and Purpose in Adopting This Ordinance. 7. M &C G -17289 - Authorize Application for and Acceptance, if Awarded, of a Grant from the Society of Municipal Arborists in the Amount of $4,800.00 for a Forestry Summer Intern, Waive Indirect Costs and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Apply for and Accept, if Awarded, a Grant in the Amount of $4,800.00 From the Society of Municipal Arborists for the Purpose of Hiring an Urban Forestry Intern for Summer 2011; Waive Imposition of any Indirect Costs as Part of the City of Fort Worth's In -Kind Match to This Grant; and Adopt Appropriation Ordinance No. 19709 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund From Available Funds, Subject to Receipt of the Grant. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 5 of 30 (XI. CONSENT AGENDA Continued) 8. M &C G -17290 - Adopt Ordinance Prescribing the Number of Authorized Sworn Positions in Each Classification in the Police Department, Increasing the Number of Authorized Captain Positions by Five, Establishing the Classification of Major and Reclassifying Five Captain Positions into that Rank, Decreasing the Number of Authorized Deputy Chief Positions by Two, Increasing the Number of Authorized Sergeant Positions by One, and Increasing the Number of Authorized Officer Positions by Two, Thereby Increasing the Total Number of Authorized Sworn Positions in the Police Department by Six and Authorize the Creation of a New Civilian Position of Program Support Manager to Oversee the New Program Support Division. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19710 -06 -2011 Adding Five (5) Positions in the Classification of Captain; Establishing the New Classification of Major; Creating Five (5) Positions in the Classification of Major by Reclassifying Five (5) Existing Captain Positions; Reducing Two (2) Positions in the Classification of Deputy Chief, Adding One (1) Position in the Classification of Sergeant; Adding Two (2) Positions in the Classification of Officer; Adjusting the Total Number of Authorized Sworn Positions in the Police Department by Six (6); Providing a Statement of Purpose and Intent; and Authorize the Creation of a New Civilian Position of Program Support Manager to Oversee the New Program Support Division. 9. M &C G -17291 - Adopt Ordinance Amending Section 27 -24, "Police Appointees" of the Fort Worth City Code to Adjust the Appointments to the Classification of Deputy Chief and to Address the Newly Created Classification of Major. The City Council approved the following recommendation: Adopt Ordinance No. 19711 -06 -2011 Amending the Code of the City of Fort Worth (1986), as Amended, to Revise Section 27 -24, "Police Appointees," to Adjust the Appointments to the Classification of Deputy Chief and to Address the Newly Created Classification of Major. 10. M &C G -17292 - Adopt Ordinance Repealing Section 27 -30, "Assignment Pay for Captains of Field Operations Divisions" of the Fort Worth City Code. The City Council approved the following recommendation: Adopt Ordinance No. 19712 -06 -2011 Amending the Code of the City of Fort Worth (1986), as Amended, to Repeal Section 27 -30, "Assignment Pay for Captains of Field Operations Divisions, Which Established Assignment Pay for Field Operations Division Captains in Addition to the Police Officers' Regular Pay. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 6 of 30 (XI. CONSENT AGENDA Continued) 11. M &C G -17293 - Adopt Ordinance Amending Chapter 27, "Police" of the Fort Worth City Code to Add a New Section 27 -35, to Establish Assignment Pay for Overnight Duty Captains. The City Council approved the following recommendation: Adopt Ordinance No. 19713 -06 -2011 Amending the Code of the City of Fort Worth (1986), as Amended, to Add a New Section 27 -35, Entitled "Assignment Pay for Overnight Duty Captains ", to Establish Assignment Pay for Overnight Duty Captains Who are Designated in Writing by the Chief of Police to Perform the Duties of Commanding the Police Department Patrol Operations Citywide Between the Hours of 6:00 p.m. and 6:00 a.m. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11241 - Authorize a Purchase Agreement with Arrow Energy, Inc., for Jet A Aviation Fuel for the Police Department for an Initial Annual Amount of $250,000.00. The City Council approved the following recommendation: Authorize a Purchase Agreement for Jet A Aviation Fuel With Arrow Energy, Inc., for the Police Department for an Initial Annual Amount of $250,000.00. 2. M &C P -11242 - Authorize a Sole- Source Purchase Agreement with McCain Waterworks Marketing, L.L.C., for Advanced Valve Technologies' EZ Valve Insertion System and Replacement Parts for the Water Department for an Amount of $100,000.00. The City Council approved the following recommendation: Authorize a Sole- Source Purchase Agreement With McCain Waterworks Marketing, L.L.C., for Advanced Valve Technologies' EZ Valve Insertion System and Replacement Parts for the Water Department for an Amount of $100,000.00. 3. M &C P -11243 - Authorize the Purchase of a Vacuum Truck for the Water Department from Southwest International Trucks, Inc., Using a Texas Association of School Boards Cooperative Contract, for a Total Amount of $279,035.00. The City Council approved the following recommendation: Authorize the Purchase of a Vacuum Truck for the Water Department From Southwest International Trucks, Inc., Using Texas Association of School Boards Contract No. 358 -10, for a Total Amount of $279,035.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 7 of 30 (XI. CONSENT AGENDA Continued) C. Land - Consent Items 1. M &C L -15193 - Authorize the Acquisition of One Single - Family Residential Property Located at 589 Harmon Road, Tarrant County, Texas, in the Amount of $525,000.00 for the Fort Worth Alliance Airport Noise Compatibility Program and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize the use of Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $535,000.00 for Costs Associated With Acquiring 589 Harmon Road; Adopt Appropriation Ordinance No. 19714 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $535,000.00, From Available Funds, for the Purpose of Transferring Said Funds to the Municipal Airports Fund for the Acquisition of Property Located at 589 Harmon Road for the Fort Worth Alliance Airport Noise Mitigation Program; Authorize the Transfer of Funds From the Airports Gas Lease Project Fund to the Municipal Airports Fund; Adopt Appropriation Ordinance No. 19715 -06- 2011 Increasing the Estimated Receipts and Appropriations in the Municipal Airports Fund, From Available Funds, for the Purpose of Funding the Acquisition of Property Located at 589 Harmon Road; Authorize the Acquisition of a Single Family Residence Located at 589 Harmon Road in Tarrant County, Texas, From Belinda Atherton and Find That the Price Offered in the Amount of $525,000.00 is Just Compensation, Plus Estimated Closing Costs Of $10,000.00 for a Total Acquisition Cost of $535,000.00; and Authorize the Acceptance and Recording of Appropriate Instruments. 2. M &C L -15194 - Authorize the Acquisition of Easement Interests in 4.254 Acres of Land for a Permanent Access Easement, 0.031 Acres for Two Permanent Water Line Easements, and 2.88 Acres for Two Temporary Construction Easements, Located at Trinity Boulevard from HC Viridian Investments, LP, in the Amount of $100,400.00, and Pay Estimated Closing Cost of $6,000.00 for the Total Cost of $106,400.00. The City Council approved the following recommendation: Approve the Acquisition of Easement Interests in 4.254 Acres of Land for a Permanent Access Easement, 0.031 Acre of Land for Two (2) Permanent Water Line Easements and 2.88 Acres of Land for Two (2) Temporary Construction Easements, Described as a Portion of the John Burnett Survey, Abstract No. 178, From HC Viridian Investments, LP, to Construct a 36 -Inch Water Main Line That Includes a New Metering Station at Trinity Boulevard, for $100,400.00 and Pay Estimated Closing Cost of $6,000.00; Find That the Amount of $100,400.00 Appraised Value is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 8 of 30 (XI. CONSENT AGENDA Continued) 3. M &C L -15195 - Authorize the Purchase of a Fee Simple Interest in 0.042 Acres of Land for Right -of -Way for $3,668.00 and 0.069 Acres of Land for a Temporary Construction Easement for $483.00 and Pay the Estimated Closing Costs of $1,000.00 for a Total of $5,151.00 Across Property Located at 9190 Chapin Road from Harmony Realty, Ltd. The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple Interest in 0.042 Acre of Land for Right -of -Way and 0.069 Acre of Land for a Temporary Construction Easement Located at 9190 Chapin Road, Fort Worth, Texas, Described as Tracts 5B1A and 513113, Abstract No. 256, Hayes Covington Survey, From Harmony Realty, Ltd.; Find That the Price of $3,668.00 Offered for the Purchase of the Right -of -Way and $483.00 for the Temporary Construction Easement 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 $1,000.00. 4. M &C L -15196 - Authorize the Purchase of a Fee Simple Interest in 0.274 Acres of Land for Right -of -Way for $4,771.00 and 0.542 Acres of Land for a Permanent Drainage Easement for $9,350.00 and Pay the Estimated Closing Costs of $2,000.00 for a Total of $16,121.00 Across Property Located on East Loop 820 South from Quicksilver Resources, Inc. The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple Interest in 0.274 Acre of Land for Right -of -Way and 0.542 Acre of Land for a Permanent Drainage Easement Located on East Loop 820 South, Fort Worth, Texas, Described as Lot B and Lot C, Block 1, Jack D. Cashion Addition, From Quicksilver Resources, Inc.; Find That the Price of $4,771.00 Offered for the Purchase of the Right -of -Way and $9,350.00 for the Permanent Drainage Easement 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 $2,000.00. 5. M &C L -15197 - Authorize the Purchase of a Fee Simple Interest in 0.222 Acres of Land for Right -of -Way for $19,334.00 and 0.181 Acres of Land for a Temporary Construction Easement for $1,264.00 and Pay the Estimated Closing Costs of $2,000.00 for a Total of $22,598.00 Across Property Located on Chapin Road from Rowan Altgelt Laughlin Group, Ltd. The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple Interest in 0.222 Acre of Land for Right -of -Way and 0.181 Acre of Land for a Temporary Construction Easement Located on Chapin Road, Fort Worth, Texas, Described as Tract 2, Abstract No. 367, LB Creswell Survey, From Rowan Altgelt Laughlin Group, Ltd.; Find That the Price of $19,334.00 Offered for the Purchase of the Right -of -Way and $1,264.00 for the Temporary Construction Easement 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 $2,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 9 of 30 (XI. CONSENT AGENDA Continued) 6. M &C L -15198 - Authorize Amendment to Mayor and Council Communication G -17174 Regarding the Acquisition of Property for the Main Line and Connector Tract for the Alliance Airport Runway Extension Project. The City Council approved the following recommendation: Authorize an Amendment to Mayor and Council Communication No. G- 17174; Declare That, Based Upon the BNSF Relocation Agreement Executed May 17, 2010, Between the City and the BNSF Railway Company (M &C C- 24205), the Alliance Airport Runway Extension Project is Necessary in Order to Meet the City's Transportation Needs as Well as to Provide for the Public's Convenience; Declare That the Public Convenience and Necessity Require the Acquisition for the Right -of -Way for the Main Line and Connector Tract of the 108 Listed Parcels of Real Property Listed on Attachment One (1) to Mayor and Council Communication No. L- 15198; and Authorize Tran Systems to Attempt to Acquire Through Eminent - Domain Proceedings Under Texas Law the 108 Listed Parcels for Their Fair - Market Values Through Good -Faith Negotiations With the Parcel Owners and if Such Negotiations are Unsuccessful, Authorize the City Attorney to Acquire Fee - Simple Title or Other Property Interest, but No Mineral Interests, of the Parcels as Well as any Remainders of Such Parcels Where the Acquisition of Same Would be Economically Prudent. 7. M &C L -15199 - Authorize Amendment to Mayor and Council Communication L -15070 Grant Authority Regarding the Acquisition of Property for the Relocation of John Day Road and Keller Haslet Road in Connection with the Alliance Airport Runway Extension Project. The City Council approved the following recommendation: Authorize an Amendment to Mayor and Council Communication No. L- 15070; Declare That, Based Upon the BNSF Relocation Agreement Executed May 17, 2010, Between the City and the BNSF Railway Company (M &C C- 24205), the Alliance Airport Runway Extension Project is Necessary in Order to Meet the City's Transportation Needs as Well as to Provide for the Public's Convenience; Declare That the Public Convenience and Necessity Require the Acquisition for the Right -of -Way for the Relocation of John Day Road and Keller Haslet Road of the 25 Listed Parcels of Real Property on Attachment 1 to Mayor and Council Communication No. L- 15199; and Authorize Transystems to Attempt to Acquire Through Eminent - Domain Proceedings Under Texas Law the 25 Listed Parcels for Their Fair - Market Values Through Good -Faith Negotiations With the Parcel Owners and if Such Negotiations are Unsuccessful, Authorize the City Attorney to Acquire Fee - Simple Title or Other Property Interest, but No Mineral Interests, of the Parcels as Well as any Remainders of Such Parcels Where the Acquisition of Same Would be Economically Prudent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 10 of 30 (XI. CONSENT AGENDA Continued) D. Planning & Zoning - Consent Items 1. M &C PZ -2939 - Adopt Ordinance Vacating a Portion of Conner Avenue and a Portion of Avenue L within Dunlap's Subdivision and Polytechnic Heights Addition. The City Council approved the following recommendation: Adopt Ordinance No. 19716 -06 -2011 Vacating and Extinguishing a Portion of Avenue L, Situated in the Dunlap's Subdivision, City of Fort Worth, Tarrant County, Texas; Containing Approximately 11,030.0 Square Feet or 0.253 Acre of Land; and a Portion of Conner Avenue, Situated in the Polytechnic Heights Addition, City of Fort Worth, Tarrant County, Texas; Containing Approximately 19,314.0 Square Feet or 0.443 Acre of Land, Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain all Existing Utilities Easements; Authorizing the City Manager to Execute the Conveyance of the Right of Way; and Waive any and All Purchase Fee Value of the Vacated Land in Accordance With City Policy (M &C G- 15624). 2. M &C PZ -2940 - Adopt Ordinance Amending Ordinance No. 19699 -05 -2011 Vacating Two Alleys in Block 7, Southside Addition, Adjacent to the Intersection of Hemphill Street and West Seminary Drive to Correct the Effective Date. The City Council approved the following recommendation: Adopt Ordinance No. 19717 -06 -2011 Amending Ordinance No. 19699 -05 -2011 Vacating Two (2) Alleys in Block 7, Southside Addition, Adjacent to the Intersection of Hemphill Street and West Seminary Drive to Amend the Effective Date. E. Award of Contract - Consent Items 1. M &C C -24927 - Adopt a Resolution Approving and Authorizing the Execution of an Interlocal Agreement with Parker County Concerning the Regulation of Subdivisions and Approval of Related Permits in the City of Fort Worth's Extraterritorial Jurisdiction. The City Council approved the following recommendation: Adopt Resolution No. 3994 -06 -2011 Approving and Authorizing the Execution of an Interlocal Agreement With Parker County, Texas, for Regulation of Subdivision Plats and Approval of Related Permits in the City of Fort Worth's Extraterritorial Jurisdiction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 11 of 30 (XI. CONSENT AGENDA Continued) 2. M &C C -24928 - Authorize the Change in Use and Expenditure of $325,000.00 in Community Development Block Grant Funds for the Project Known as the 1000 Park Manor Demolition Project and Authorize a Substantial Amendment to the City's 2008 -2009 Action Plan. The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's 2008 -2009 Action Plan; and Authorize the Change in Use and Expenditure of $325,000.00 in Community Development Block Grant Funds for the Project Known as the 1000 Park Manor Demolition Project for Activities Including Demolition, Removal of Hazardous Materials, and Removal of Streets, Paving, and Curbs. 3. M &C C -24929 - Authorize Application for and Acceptance of a Grant for Up to $2,475,000.00 from the United States Department of Housing and Urban Development for Lead -Based Paint Hazard Control, Authorize Matching Funds of Up to $618,750.00 from Community Development Block Grant Funds, Authorize Related Agreements, Certify Grant Activities are Consistent with the Consolidated Plan and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Apply for and Accept, if Awarded, a Grant of Up to $2,475,000.00 From the United States Department of Housing and Urban Development for Lead -Based Paint Hazard Control; Authorize the use of Up to $618,750.00 of Community Development Block Grant Funds as the City's Matching Fund Portion; Authorize the City Manager or his Designee, to Enter Into Agreements and Amend or Extend Such Agreements With the Tarrant County Public Health Department, the Fort Worth Housing Authority, Area Non - Profit Organizations and Other Entities as may be Necessary and Appropriate Within the Scope of the Program and in Compliance With Applicable Laws and Regulations; Certify That the Activities to be Funded With the Grant are Consistent With the City's Consolidated Plan; and Adopt Appropriation Ordinance No. 19718 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $3,093,750.00, Subject to Receipt of a Grant. 4. M &C C -24930 - Authorize Execution of an Amendment to the Agreement with Rodeo Plaza, Inc., to Manage, Maintain and Program the Area Known as Rodeo Plaza Through September 30, 2017. The City Council approved the following recommendation: Authorize the City Manager to Execute an Amendment to the Agreement With Rodeo Plaza, Inc., to Manage, Maintain and Program the Area Known as Rodeo Plaza Through September 30, 2017. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 12 of 30 (XI. CONSENT AGENDA Continued) 5. M &C C -24931 - Authorize Increase of $1,494.25 in Estimated Receipts and Appropriations in Connection with the Fiscal Year 2011 Agreement with the Department of Justice, Drug Enforcement Administration Regarding the High Intensity Drug Trafficking Task Force 2 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize an Increase in Estimated Receipts Associated With the Fiscal Year 2011 Agreement With the Department of Justice, Drug Enforcement Administration, Entered Into for the Purpose of Receiving Reimbursable Overtime Costs Incurred by the City in Providing Resources to the North Texas High Intensity Drug Trafficking Area(HIDTA) Task Force Group 2; and Adopt Appropriation Ordinance No. 19719 -06 -2011 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $1,494.25, Subject to Receipt of a Grant. 6. M &C C -24932 - Authorize Execution of a Memorandum of Understanding with the U.S. Department of Homeland Security, Immigration and Customs Enforcement for Participation in an Ongoing Operation /Task Force Against Criminal Organizations, Accept an Amount Up to $225,000.00 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute a Memorandum of Understanding With the U.S. Department of Homeland Security, Immigration and Customs Enforcement for Participation in an Ongoing Joint Operation /Task Force Against Criminal Organizations and Accept an Amount Up to $225,000.00; and Adopt Appropriation Ordinance No. 19720 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $225,000.00 ($45,000.00 per Year for Five (5) Years), Subject to Receipt of a Grant From the United States Department of Homeland Security, Immigration and Customs Enforcement, for the Purpose of Funding Participation in an Ongoing Joint Operations /Task Force Against Criminal Organizations. 7. M &C C -24933 - Authorize Execution of a Software License Agreement and Maintenance and Support Agreement with Tiburon, Inc., in an Annual Amount Not to Exceed $187,000.00 for the Purchase of Annual Maintenance and Support and Software Enhancements for the Police Department's Records Management System. The City Council approved the following recommendation: Authorize the City Manager to Execute a Software License Agreement and Maintenance and Support Agreement With Tiburon, Inc., in an Annual Amount Not to Exceed $187,000.00, for the Purchase of Annual Maintenance and Support and Software Enhancements for the Police Department's Records Management System. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 13 of 30 (XI. CONSENT AGENDA Continued) 8. M &C C -24934 - Authorize Execution of a Design Relocation Agreement with Qwest Communications Company, LLC, in an Amount Not to Exceed $80,248.00 for Preparing Construction Plans and Estimates to Relocate 12.5 Miles of Fiber Optic Line as Part of the Runway Extension Project at Fort Worth Alliance Airport. The City Council approved the following recommendation: Authorize the Execution of a Utility Relocation Reimbursement Agreement With Qwest Communications Company, LLC, for an Amount Not to Exceed $80,248.00 as Required, for Preparing Construction Plans and Estimates to Relocate 12.5 Miles of Fiber Optic Line as Part of the Runway Extension Project at Fort Worth Alliance Airport. 9. M &C C -24935 - Approve and Accept, if Awarded, a Grant from the Texas Department of Transportation in the Amount of $786,500.00 for Phase II of Airfield Improvements at Spinks Airport and Authorize Use of Mineral Lease Revenue in the Amount of $78,650.00 for the Grant Match and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize the City Manager to Accept, if Awarded, a Grant From the Texas Department of Transportation in the Amount of $786,500.00 for Phase 11 of Airfield Improvements at Spinks Airport; Authorize the use of Revenue Derived From Gas Well Drilling on City Owned Airports in the Amount of $78,650.00 to Provide for the City's 10 Percent Grant Match; Adopt Appropriation Ordinance No. 19721 -06 -2011 Increasing Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund, From Available Funds, for the Purpose of Funding the Improvements; Authorize the Transfer of $78,650.00 From the Airports Gas Lease Projects Fund to the Airports Grants Fund for the City's 10 Percent Match; and Adopt Appropriation Ordinance No. 19722 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Grants Fund in the Amount of $865,150.00, Subject to Receipt of a Grant. 10. M &C C -24936 - Authorize Amendment to Mayor and Council Communication C -24875 to revise the Title of the Authorized Engineering Agreement with URS Corporation from Water and Sanitary Sewer Replacement Contract 2010, WSM -I to Water and Sanitary Sewer Replacement Contract 2009, WSM -I. The City Council approved the following recommendation: Authorize the City Manager to Revise the Title of the Authorized Engineering Agreement With URS Corporation From Water and Sanitary Sewer Replacement Contract 2010, WSM -I to Water and Sanitary Sewer Replacement Contract 2009, WSM -I. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 14 of 30 (XI. CONSENT AGENDA Continued) 11. M &C C -24937 - Authorize Execution of an Engineering Agreement in the Amount of $115,829.00 with Visintainer Engineering, PLLC, for Water and Sanitary Sewer Replacement Contract 2010, STM -A on NW 18th Street, NW 20th Street, NW 24th Street, Wagner Avenue and Lee Avenue. The City Council approved the following recommendation: Authorize the Transfer of $127,829.00 From the Water and Sewer Operating Fund in the Amounts of $75,496.00 to the Water Capital Projects Fund and $52,333.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19723 -06 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2010, STM -A; and Authorize the City Manager to Execute a Contract in the Amount of $115,829.00 With Visintainer Engineering, PLLC, for Water Replacement Contract 2010, STM -A. 12. M &C C -24938 - Authorize Execution of a Contract in the Amount of $754,148.50 with Utilitex Construction, LLP, for Water and Sanitary Sewer Relocations for State Highway 121T, Part 4 at Forest Park Boulevard and 11th Street. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $754,148.50 With Utilitex Construction, LLP, for Water and Sanitary Sewer Relocations for State Highway 121T, Part 4 at Forest Park Boulevard and 11th Street. 13. M &C C -24939 - Authorize Execution of Change Order No. 2 in the Amount of $301,536.00 for a Total Contract Amount of $23,805,623.89 to City Secretary Contract No. 40720 with Reynolds, Inc., for Construction of the North and South Holly Ozone Upgrade Project, Located at 1500 11th Avenue. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 2 to City Secretary Contract No. 40720 With Reynolds, Inc., in the Amount of $301,536.00, Thereby Increasing the Amount of the North and South Holly Ozone Upgrade Construction Contract to $23,805,623.89. X. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S -1816 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 15 of 30 XI. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of the Fort Worth Fire Department Life Saving Award Mayor Moncrief stated that there were many kinds of heroes in the world -- political heroes, who stood up for what was right even if it was not popular; military heroes, who put their lives on the line to defend freedom and, often, to defend those who could not defend themselves and social heroes who fought for change and the greater good and sacrificed to make the world a better place for everyone. He added that there were everyday heroes, such as parents, teachers, public safety officials and so many others who quietly made a difference in citizen's daily lives. He pointed out that each type of hero represented people who recognized that action was needed and, in most cases, selflessly stepped up to face those challenges. He stated that the City was honored to have the privilege of recognizing real -life heroes who saw neighbors in need. He added that they did not wait for someone else to do something; they took action immediately. He further stated that this brief presentation would not repay the gentlemen in full measure for the bravery of their actions, nor would it express the true measure of how heroic they were in those events. He expressed appreciation to Mr. Jeff Harrision and Mr. Peter Cannings for their bravery and stated he was proud to have such true heroes in the City. Fire Chief Rudy Jackson and Fire Public Information Officer Tim Hardeman presented the Fort Worth Fire Department Life Saving Award to Mr. Harrison and Mr. Cannings, civilians who saved individuals from drowning in the Trinity River at Trinity Park last year. They provided a brief description of the two (2) events that occurred for which the individuals were being recognized. They stated that the City was honored and privileged to recognize these heroes in the community. Mr. Harrision and Mr. Cannings both expressed appreciation to the Mayor and Council Members and Fire Department staff for the award and stated it was an honor to be recognized for their efforts. 2. Presentation of Proclamation for PetSmart and PetSmart Charities Day Mayor Moncrief presented a Proclamation for PetSmart and PetSmart Charities Day to Ms. Sue Della Maddalena, Vice President and Executive Director, PetSmart Charities. He stated in 1994, PetSmart Charities was established to create and support programs that saved the lives of homeless pets, raised awareness of companion animal welfare and promoted healthy relationships between people and their pets. He further stated that the City of Fort Worth valued pets and actively pursued adoptive homes for dogs and cats abandoned at the City's animal shelter. He advised that in conjunction with PetSmart Charities, PetSmart and a vital group of local private donors led by local business leaders had established an innovative partnership aimed at increasing shelter pet adoption rates in Fort Worth. He added that this partnership led to a first -of -its -kind municipal shelter pet adoption center located within a PetSmart retail store that was able to operate solely through private donations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 16 of 30 (XI. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #1 Continued) Ms. Maddalena expressed appreciation to the Mayor and Council Members for the Proclamation and recognized Mr. Bill Boecker, President and CEO, Fine Line Diversified Development in Fort Worth, who led the private donor group. She also showed a promotional video that aired at their annual golf tournament. She also advised that the City was the recipient of the 2010 PetSmart People Saving Pets Award. She pointed out that PetSmart planned to open at least 10 new pet adoption centers across the country this year. XII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Jordan expressed appreciation to his family for their support during his time as a Council Member and wished his wife a happy 41" wedding anniversary. Council Member Moss expressed appreciation to the Parks and Community Services, Police, Transportation and Public Works, Public Events and Code Compliance Departments for their hard work and assistance at the Stop Six Day event. He stated that this very successful event drew 400 to 500 young people from the Stop Six Area. He also expressed appreciation to the Police Department for assisting with the Success Through Respect forum, a one (1) hour workshop to inform young people about Police Department procedures, how to interact with Police Officers and what to do if they felt they were treated unfairly. He announced that the workshop reached over 2,000 students and was informative. Council Member Zimmerman requested the Council Meeting be adjourned in memory of Mrs. Doris Rutherford Booth, 87, who passed away on June 1, 2011. He stated that Ms. Booth was born May 5, 1924, in Abilene and attended Abilene High School, Harden Simmons University, Tarrant County College and Texas Christian University. He further stated that she was an Executive Secretary at General Dynamics for 35 years and spent over 40 years singing in church choirs and was also a Sunday school teacher. He pointed out that Ms. Booth was a member of the Eastern Star, Fort Worth Opera Guild, Fort Worth Symphony and American Women Business Association. He also requested that the Council meeting be adjourned in memory of Mrs. Ida Jean Rogers, 86, who passed away on June 3, 2011, and was born Aug. 11, 1924, in Monmouth, Illinois. He stated that as the daughter of a meteorologist, the family resided in many cities, such as Missoula, Montana where she met an eight (8) year old boy who would become the love of her life and a union of marriage that lasted for over 66 years. He further stated that Ms. Rogers' husband was in the Air Force and she always took great pride in her role of serving her country during World War II working as a riveter for Hughes Tool Company in Houston, Texas. He added that Ms. Rogers loved her Arabian horses, also a family endeavor known worldwide as Kehilan Arabians and pointed out that the breeding program would be continued by her family. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 17 of 30 (XII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) 2. Recognition of Citizens There were no citizens recognized at this time. XIIL PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Mayor Moncrief requested consideration for the following appointments: Council Member Scarth to the North Central Texas Council of Governments General Assembly, Place 1, effective June 7, 2011; Mr. Richard (Dick) M. Stinson to the Fort Worth Housing Authority Board, Place 1, effective June 7, 2011, with a term expiring January 1, 2013; Mr. Robert Gannon Gries to the Historic and Cultural Landmarks Commission, Place 1 to replace Mr. Ames Fender, effective June 7, 2011, with a term expiring on October 1, 2011. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Council Member Scarth be appointed to the North Central Texas Council of Governments General Assembly, Place 1; Mr. Richard (Dick) M. Stinson be appointed to the Fort Worth Housing Authority Board, Place 1; and Mr. Robert Gannon Gries be appointed to the Historic and Cultural Landmarks Commission, Place 1. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. 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. XV. RESOLUTION 1. A Resolution Requesting the Texas Commission on Environmental Quality to Review Its Regulations Pertaining to Barnett Shale Oil and Gas Facilities in Order to Attain Federal Air Quality Standards Through the State Implementation Plan. Council Member Jordan stated that this resolution supported the letter sent by the North Central Texas Council of Governments, through both the North Texas Clean Air Steering Committee and the Oil and Gas Task Force, to the Texas Commission on Environmental Quality requesting a review of the oil and gas industry regulations and best practices pertaining to the Barnett Shale activities. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Resolution No. 3995 -06 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 18 of 30 XVL ORDINANCE 1. An Ordinance Amending Ordinance No. 19692 -05 -2011, Ordering a Run -off Election by the Qualified Voters of the City of Fort Worth, Texas, on Saturday, the 18th Day of June, 2011, for the Purpose of Electing the Mayor and a Council Member for City Council District 7 to Add an Election Day Polling Location. Interim City Manager Tom Higgins read the following revision to the second paragraph of the Election Ordinance into the record: Whereas, no candidate received a majority of the total number of votes in the Mayor and Council District 7 contests, necessitating a run -off election for each of these races. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Ordinance No. 19724 -06 -2011 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. XVIL ZONING HEARING Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1. Zoning Docket No. ZC- 11 -006A - City of Fort Worth Planning & Development, Northside Neighborhood Phase 3, 2423 Clinton Avenue; from: "F" General Commercial to: "E" Neighborhood Commercial. (Recommended for Approval) (Continued from a Previous Meeting) This item was continued from the May 10, 2011, Council meeting. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC- 11 -006A be continued until the July 12, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. Zoning Docket No. SP -10 -008 - Champions Auto Sales Co. 2004 -2024 Jacksboro Highway; Site plan amendment to PD -821 to add additional parking for vehicle sales. (Recommended for Denial) (Continued from a Previous Meeting) This item was continued from the May 10, 2011, Council meeting. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. SP -10 -008 be continued until the July 12, 2011, Council meeting. 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 May 16, 2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 19 of 30 3. Zoning Docket No. ZC- 11 -030B - City of Fort Worth Planning & Development, West Handley Neighborhood, 4716 E. Lancaster Avenue and 421 S. Edgewood Terrace; from: "PD -125" Planned Development for F uses with exclusions to: "E" Neighborhood Commercial. (Recommended for Approval) Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC- 11 -030B be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. Zoning Docket No. ZC -11 -033 - City of Fort Worth Planning & Development Department, Generally bounded by the East Freeway (I -30), Eastchase Parkway, Brentwood Stair Road, and Aldra Drive; from: "G" Intensive Commercial and "I" Light Industrial to: "G" Intensive Commercial and "MU -1" Low Intensity Mixed Use for 8100 & 8101 Ederville Road. (Recommended for Approval) Council Member Moss advised that this was the next step in rezoning areas in District 5 to align the properties with the Comprehensive Plan and would allow for better control of the land use in that area. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC -11 -033 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. Zoning Docket No. ZC -11 -038 - Rex Real Estate, 10600 Alta Vista Road; from: "AG" Agricultural to: "E" Neighborhood Commercial (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -11 -038 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. Zoning Docket No. ZC -11 -039 -Tom Thornton, 3208 House Anderson Road; from: "AG" Agricultural to: "I" Light Industrial .(Recommended for Denial without Preiudice) Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -11 -039 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 20 of 30 7. Zoning Docket No. ZC -11 -041 - City of Fort Worth Planning & Development, US 287Nau2hn Boulevard Neighborhood, Generally bounded by US 287, Collin Street, Erath Street, and Vaughn Boulevard; from: "A -5" One - Family, "B" Two - Family, "E" Neighborhood Commercial, and "I" Light Industrial to: "A -7.5" One - Family, "A -5" One - Family, "ER" Neighborhood Commercial Restricted, and "E" Neighborhood Commercial. (Recommended for Approval as Amended) Council Member Moss advised that this item involved rezoning 177.23 acres in District 5 to align the properties with the Comprehensive Plan. He stated that he was very proud of the rezoning that had taken place in District 5 and pointed out that approximately 3,400 acres of land had been rezoned in the district over the past several years. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -11 -041 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. 8. Zoning Docket No. ZC -11 -042 - Lennar Homes of Texas Land & Construction, Ltd., 14191 block of John Day Road; from: "AG" Agricultural & "PD -507" Planned Development for all uses in "A -5" One - Family plus golf course to: "A -7.5" One - Family. (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC -11 -042 be approved. 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 hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19725 -06 -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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 21 of 30 XVIIL REPORT OF THE CITY MANAGER B. General 1. M &C G -17281 - Approve the Golf Enterprise Fund's Fiscal Year 2011 Gas - Related Revenue Expenditure Plan in the Amount of $800,000.00 and Adopt Appropriation Ordinance. (Continued from a Previous Meeting) This item was continued from the May 24, 2011, Council meeting. It was the consensus of the Council that Mayor and Council Communication No. G- 17281, Approve the Golf Enterprise Fund's Fiscal Year 2011 Gas - Related Revenue Expenditure Plan; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Golf Gas Lease Capital Project Fund in the Amount of $800,000.00, From Gas Related Revenues, for the Purpose of Funding the Golf Enterprise Fund's Capital Improvement Expenditure Plan for Fiscal Year 2011 be continued until the July 12, 2011, Council meeting. 2. M &C G -17294 - Accept Monetary Donation of $150,000.00 from Wadsworth Golf Charities Foundation for Construction of the Short Course at Rockwood Golf Course and Adopt Appropriation Ordinance. The recommendation was that the City Council Authorize the City Manager to Accept a Monetary Donation of $150,000.00 From Wadsworth Golf Charities Foundation for Construction of the Short Course at Rockwood Golf Course; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Golf Capital Projects Fund, Subject to Receipt of a Donation, for the Purpose of Funding Construction of the Short Course at Rockwood Golf Course. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L -17294 be approved and Appropriation Ordinance No. 19726 -06 -2011 be adopted with appreciation to Wadsworth Golf Charities Foundation, Fort Worth Golf and the First T. The motion carried unanimously nine (9) ayes, to zero (0) nays. 3. M &C G -17295 - Consider a Waiver for a Gas Well Permit Requested by Chesapeake Operating, Inc., for Six Wells on the TXI C Pad Site Located on Kemp Street, Less Than 600 Feet from a Protected Use. (PUBLIC HEARING) It was the consensus of the Council that Mayor and Council Communication No. G- 17295, a Waiver for a Gas Well Permit Requested by Chesapeake Operating, Inc., to Allow the Drilling of Six (6) Gas Wells on the TXI C Pad Site Located at 9294 Kemp Street Less Than 600 Feet From Protected Uses be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 22 of 30 (G -17295 Continued) Mr. Carlos Javier, 6337 Calmont Avenue, appeared before Council in opposition to Mayor and Council Communication No. G -17295 and stated it was public duty to protect the citizens and the land. He advised of concerns relative to contaminated air and water caused by gas drilling and hydro - fracturing. 4. M &C G -17296 - Adopt Ordinance Establishing Maximum Permitted Rates and Charges that Oncor Electric Delivery Company May Assess Customers in the City of Fort Worth and Ratifying Settlement Agreement Between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company Regarding this Rate Case. (PUBLIC HEARING) The recommendation was that the City Council Adopt an Ordinance Establishing Maximum Permitted Rates and Charges That Oncor Electric Delivery Company, LLC, May Assess Customers in the City of Fort Worth by Approving and Ratifying a Negotiated Resolution Between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company, LLC, Regarding Oncor's "Petition and Statement of Intent of Oncor Electric Delivery Company, LLC, for Authority to Change Rates" Filed by Oncor on January 7, 2011, and Adopting Tariffs That Reflect Rate Adjustments Consistent With the Negotiated Settlement; Approving Oncor's Proof of Revenues; Finding the Rates to be Set by Such Tariffs to be Just and Reasonable; Declaring Existing Rates in the City of Fort Worth to be Unreasonable; Requiring the Company to Reimburse the City's Reasonable Ratemaking Expenses; and Requiring Delivery of This Ordinance to Oncor and the Steering Committee's Legal Counsel. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Mayor Pro tem Scarth left his place at the dais.) a. Report of City Staff Ms. Bridgette Garrett, Utility Manager, Law 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 23 of 30 (G -17296 Continued) c. Council Action Mayor Moncrief pointed out that the City's recommendation was significantly lower than what Oncor Electric Delivery Company originally requested. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that the public hearing be closed and that Mayor and Council Communication No. G -17296 be approved and Ordinance No. 19727 -06 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. 5. M &C G -17297 - Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 72, City of Fort Worth, Texas, for Expansion of the Existing Distribution Center at 12850 Three Wide Drive to a Manufacturing Facility. (PUBLIC HEARING) The recommendation was that the City Council Hold a Public Hearing Concerning the Designation of Tax Abatement Reinvestment Zone No. 72, City of Fort Worth, Texas; and Adopt an Ordinance Designating a Certain Area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Seventy -Two, City of Fort Worth, Texas "; Providing the Effective and Expiration Dates for the Zone and a Mechanism for Renewal of the Zone; and Containing Other Matters Related to the Zone, Pursuant to an in Accordance With Chapter 312 of the Texas Tax Code. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Robert Sturns, Economic Development Manager, appeared before Council and provided a staff report. (Mayor Pro tem Scarth returned to his place at the dias.) b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Mayor Moncrief stated that this was a great opportunity and would bring approximately 500 -700 jobs and advanced locomotive technology to the City. He further stated that the strong combined efforts of the Council Members and the Housing and Economic Development Department staff helped the City weather the tough economic times with the recession. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 24 of 30 (G -17297 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed and that Mayor and Council Communication No. G -17297 be approved and Ordinance No. 19728 -06 -2011 be adopted. The motion carried unanimously nine (9) ayes, to zero (0) nays. D. Land 1. M &C L -15200 - Approve Acceptance of Lease Agreement with Vantage Fort Worth Energy, LLC, in the Amount of $159,112.00 for Natural Gas Drilling Under 31.8224 Acres, More or Less, of City -Owned Properties Known as the Alta Mesa Pump Station Located at 4300 Alta Mesa Boulevard. The recommendation was that the City Council Approve the Acceptance of a Lease Agreement for Natural Gas Drilling Under 31.8224 Acres, More or Less, of City -Owned Properties Known as the Alta Mesa Pump Station Located at 4300 Alta Mesa Boulevard to Vantage Fort Worth Energy, LLC, in the Amount of $159,112.00 for a Two (2) Year Primary Term. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15200 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. E. Planning & Zoning 1. M &C PZ -2941 - Adopt Ordinance Changing the Name of Carswell Access Road to Lt. M D Barnett Road_ The recommendation was that the City Council Adopt an Ordinance Changing the Name of Carswell Access Road From Meandering Road to Military Parkway to "Lt. M D Barnett Road ". Interim City Manager Higgins advised that this item was incorrectly coded and should have been listed on the Council Agenda as a Public Hearing and stated the Council would conduct the Public Hearing for this item at this time. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Ms. Allison Gray, Platting Manager, Planning and Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 25 of 30 (PZ -2941 Continued) Council Member Zimmerman advised that he was going to amend the Mayor and Council Communication to change the name to "LTJG Barnett Road ". He clarified that the acronym referred to "Lieutenant Junior Grade ". b. Citizen Presentations Captain T.D. Smyers, 9700 Birdville Way, appeared before Council in support of Mayor and Council Communication No. PZ -2941 and relative to the history of Naval Air Station Joint Reserve Base Fort Worth, formerly known as Carswell Air Force Base. He stated that today was the 69th anniversary of the Battle of Midway, which was a day that was celebrated by the Navy. He also pointed out that this year was the 100th anniversary of Naval Aviation. He provided biographical information on Major Horace S. Carswell, Jr. and Lieutenant M.D. Barnett, who also fought in the Battle of Midway in World War II and advised that both men were Medal of Honor recipients. He stated that several points of interest on and around the base still reflected Major Carswell's name, including the air field, known as Carswell Field and reiterated that the base would always honor the memory of Major Carswell. He requested Council approve the access road name change. Ms. Theresa Lavine, 6200 Carswell Access Road, Number 87, appeared before Council in opposition to Mayor and Council Communication No. PZ -2941 and stated that her family had lived at the same address for many years and did not want the name changed. She also provided biographical information relative to Major Carswell and pointed out that the street should reflect his name since that was the name of the original air field. She further stated that she could not locate much information on Lieutenant M.D. Barnett and requested Council deny the name change. c. Council Action Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that the public hearing be closed and that Carswell Access Road be renamed to LTJG Barnett Road and Mayor and Council Communication No. PZ -2941 be approved as amended and that Ordinance No. 19729 -06 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief and Council Member Jordan expressed appreciation to Captain Smyers for recognizing the importance of the military base to the City. They stated that it was commendable that the base would continue to reflect Major Carswell's name in certain areas since he was an important piece of the history of the base and the land. They also noted the importance of recognizing all military servicemen and women. F. Award of Contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 26 of 30 1. M &C C -24940 - Authorize Execution of an Underground Pipeline License Agreement with Texas Midstream Gas Services, LLC, in the Amount of $11,243.14 for a Natural Gas Pipeline Across City -Owned Properties Located at 3201 Pate Street and 4300 East Berry Street, Fort Worth, Texas, Also Known as the East Berry Library, for a Term of 20 Years. The recommendation was that the City Council Authorize Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services, LLC, in the Amount of $11,243.14, for a Natural Gas Pipeline Across City -Owned Property Located at 3201 Pate Street and 4300 East Berry Street, Fort Worth, Texas, Also Known as the East Berry Library, for a Term of 20 Years. Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24940 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M &C C -24941 - Authorize Execution of an Underground Pipeline License Agreement with Texas Midstream Gas Services, LLC, for a Natural Gas Pipeline Across City -Owned Properties in the W. W. Wheat Survey, A -1647, Tract 1D and in the Gilmore Strips Addition, Block A, Lot Al Also Known as the Police Helicopter Pad Site at a Cost of $19,163.00. The recommendation was that the City Council Authorize the Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services, LLC., for a Natural Gas Pipeline Across City -Owned Properties in the W. W. Wheat Survey, A -1647, Tract 1D and in the Gilmore Strips Addition, Block A, Lot Al, Also Known as the Police Helicopter Pad Site at a Cost of $19,163.00. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24941 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M &C C -24942 - Authorize Execution of a Public Right -of -Way Use Agreement Granting Cowtown Gathering GP, LLC, a License to Construct and Operate a Natural Gas Gathering Pipeline at Two Separate Locations Along Northside Drive Across Samuels Avenue and Across NE 14th Street. The recommendation was that the City Council Authorize the City Manager to Execute a Public Right - of -Way Use Agreement With Cowtown Gathering GP, LLC, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline in Two (2) Separate Locations Along Northside Drive East of Northpark Drive Across Samuels Avenue North of NE 14th Street and Across NE 14th Street East of Samuels Avenue for a One (1) Time License Fee of $37,213.00. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24942 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 27 of 30 4. M &C C -24943 - Authorize Execution of a Construction Contract with Scott Dennett Construction, LLC, in the Amount of $489,824.00 Plus Up to $51,883.00 in Contingency for the East Lancaster Community Room and Neighborhood Police Office Proiect Located at 1509 and 1515 East Lancaster Avenue. The recommendation was that the City Council Authorize the City Manager to Execute a Construction Contract With Scott Dennett Construction, LLC, in the Amount of $489,824.00 Plus Up to $51,883.00 in Contingency Funds for the Construction of the East Lancaster Community Room and Neighborhood Police Office Project Located at 1509 and 1515 East Lancaster Avenue. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24943 be approved with appreciation to the Housing and Economic Department. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. M &C C -24944 - Authorize a Five -Year Tax Abatement Agreement with Carroll Street Partners LP, for Property Located at 262 Carroll Street and 2704 Wingate Street in the Trinity Park Neighborhood Empowerment Zone. The recommendation was that the City Council Authorize the City Manager to Enter Into a Five (5) Year Tax Abatement Agreement With Carroll Street Partners LP, for the Property at 262 Carroll Street and 2704 Wingate Street in the Trinity Park Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. 6. M &C C -24945 - Authorize Execution of Tax Abatement Agreement with General Electric Company, Through Its Transportation Operating Division, GE Transportation for Expansion of Distribution Center at 12850 Three Wide Drive to a Manufacturing Facility and Waiver of Certain Related Development Fees. The recommendation was that the City Council Authorize Execution of Tax Abatement Agreement With General Electric Company, Through its Transportation Operating Division, GE Transportation for Expansion of Distribution Center at 12850 Three Wide Drive to a Manufacturing Facility; and Authorize the City Manager to Waive Certain Related Development Fees. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24945 be approved with appreciation to General Electric Transportation. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 28 of 30 XIX. PUBLIC HEARING 1. First Public Hearing for a Proposed City- Initiated Annexation of Approximately 21.0 Acres of Land in Denton County, Located on the North Freeway (I -35W) South of Highway 114 and East of Championship Parkway (AX -11 -003 North Freeway/1-35W). Mayor Moncrief opened the pubic hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There were no citizen comments. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. First Public Hearing for a Proposed City- Initiated Annexation of Approximately 0.3 Acres of Land in Denton County, Located at 4561 Lakeside Hollow Street, South of Litsey Road and East of Cleveland -Gibbs Road (AX -11 -004, 4561 Lakeside Hollow St.). Mayor Moncrief opened the pubic hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There were no citizen comments. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 29 of 30 XX. CITIZEN PRESENTATIONS Mr. Wayne Gilpin, 240 Goldeneye Lane, appeared before Council relative to his neighbor located to the rear of his property and stated that the property owner was digging on the property and had placed large piles of dirt directly behind his and his neighbor's property lines. He displayed photographs of the piles of dirt and stated that the piles of dirt were 20 to 30 feet high with trash and other debris mixed into the dirt. He advised that the run -off from the dirt piles were ruining fences and placement of the dirt piles were lowering their property values. He requested Council require the property owner to remove the dirt piles and return the property to the original state. Mr. Michael McGuffin, 7325 Randol Mill, appeared before Council and advised that he was removing the sand from his property and replacing the sand with top soil. He explained that he was attempting to grow hay for livestock and the hay would not grow properly in the sandy soil. He advised that he was issued a stop work order by the City therefore he could not move any of the piles of dirt that the neighbors were referencing. He stated that the piles of dirt in question was the top soil that he would be replacing once all of the sand was removed. He advised that he had been in contact with the City many times regarding this issue and was willing to work with his neighbors and do whatever it would take to get the job completed. Mr. David Hall, Assistant Director, Planning and Development Department, appeared before Council, at the request of Mayor Pro tem Scarth, and provided the history of events relative to this issue. Mayor Moncrief and Mayor Pro tem Scarth referred Mr. Gilpin and Mr. McGuffm to the Law and the Planning and Development Departments for resolution. Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and requested an ordinance be prepared that would prohibit Council Members and managers of both the City and The T from serving on boards and committees which accepted federal funding, such as homeless community programs. He also advised that the Humane Society needed to be cleaned up and has needed it for some time. He stated the Day Resource Center was also in poor condition and stated he was not allowed to take pictures of the mess. He expressed appreciation to Mayor Moncrief for his service to the City and he provided a photograph to Council Member Hicks of the showers at the homeless shelter. Council Member Hicks advised that she was aware of the issue and would provide the photograph to Mr. Jay Chapa, Director, Housing and Economic Development Department for review. Mr. Riley Cantrell, 2300 Sun Drop Court, appeared before Council regarding an incident with his neighbor relative to an assault with bodily injury and an unfair arrest that took place. He stated that his neighbor and the Police Department Internal Affairs Division were threatening to beat and kill him. He also advised that he would be taking this matter to court in the near future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 7, 2011 PAGE 30 of 30 (XX. CITIZEN PRESENTATIONS Continued) Ms. Tina Tolsdorf, 3706 Brookline Avenue, appeared before Council and stated that anonym complaints should not be accepted relative to Code Compliance issues. She advised an anonym complaint was filed against her regarding there being too many cats located on the property. She stz that this complaint was unjustified and it was filed with malicious intent. She further stated that laws on anonymous complaints should be changed and the alleged violator should be able to find who filed the complaint. She also requested information on developing a crime watch program for neighborhood due to recent theft and speeding in the area. Mayor Moncrief referred Ms. Tolsdorf to Mr. Brandon Bennett, Director, Code Complia Department, for resolution. XXII. ADJOURNMENT There being no further business, the meeting was adjourned at 9:47 p.m. in memory of Mrs. Dc Rutherford Booth, 87, who passed away on June 1, 2011, and in memory of Mrs. Ida Jean Rogers, who passed away on June 3, 2011. These minutes approved by the Fort Worth City Council on the 14th day of June, 2011. Attest: Marty Hendrix City Secretary Approved: e