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HomeMy WebLinkAbout2011/08/09-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 Present: Mayor Betsy Price Mayor Pro tem W. B. "Zim" Zimmerman, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Absent: Council Member Salvador Espino, District 2 Staff Present: 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 Price called the regular session of the Fort Worth City Council to order at 7:03 p.m., on Tuesday, August 9, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Bish2 Rlcllard E. 3 ®u The Chosen Vessel Cathedral The invocation was provided by Bishop Richard E. Young, The Chosen Vessel Cathedral. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 2, 2a11 Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that the minutes of the regular meeting of August 2, 2011, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 2 of 19 I I �c c Ic There were no items to be withdrawn from the Consent Agenda. Interim City Manager Tom Higgins requested that Mayor and Council Communication Nos. G -17345 and G -17346 be withdrawn from consideration. VII. CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. A. General - Consent Items 1. M &C G -17341 - Authorize Initiation of Rezoning for Certain Properties in the Camp Bowie and Camp Bowie West Corridor in Accordance with the Comprehensive Plan. The City Council approved the following recommendation: Authorize the City Manager to Initiate Certain Zoning Changes in the Camp Bowie and Camp Bowie West Corridor, in Accordance With the Comprehensive Plan. 2. M &C G -17342 - Adopt Ordinance Amending the Speed Zone Tables in Chapter 22 of the City Code, Motor Vehicles and Traffic. The City Council approved the following recommendation: Adopt Ordinance No. 19828 -08 -2011 Amending Chapter 22, "Motor Vehicles and Traffic ", of the Code of the City of Fort Worth by Amending Article III, Section 22 -86, Entitled "Speeding ", Subsections (f) and (g) by Changing the Locations, Extent and /or Speed Limits of Certain Speed Zones. 3. M &C G -17343 - Authorize Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Meacham International Airport from the Texas Department of Transportation Aviation Division, if Offered, in an Amount Up to $50,000.00, Authorize the Use of Revenue from Mineral Lease Revenue in an Amount Up to $50,000.00 for the City's Grant Match and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize the Acceptance of a Routine Airport Maintenance Project Grant, if Offered, for Fort Worth Meacham International Airport From the Texas Department of Transportation, Aviation Division, in an Amount Up to $50,000.00; Adopt CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 3 of 19 (VII. CONSENT AGENDA Continued) (G -17343 Continued) Appropriation Ordinance No. 19829 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund, From Available Funds, for the Purpose of Transferring Said Funds to the Airports Grant Fund to Fund Routine Maintenance at Fort Worth Meacham International Airport; Authorize the Transfer of $50,000.00 From the Airports Gas Lease Project Fund to the Airport Grants Fund for the City's Match; and Adopt Appropriation Ordinance 19830 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of $100,000.00, Subject to Receipt of the Grant, for the Purpose of Providing the Needed Routine Maintenance. C. Land - Consent Items 1. M &C L -15223 - Adopt Appropriation Ordinance in the Amount of $30,000.00 and Authorize Expenditure of an Amount Not to Exceed $85,548.53 to Expand Parks in the Central City. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19831 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Park Dedication Fees Fund in the Amount of $30,000.00, From Available Funds, for the Purpose of Providing Additional Funds to Complete the Purchase of 21 Tax Foreclosed Properties to Expand Parks in the Central City; and Authorize the Expenditure of an Amount Not to Exceed $85,548.53. 2. M &C L -15224 - Authorize Execution of a Retaining Wall Maintenance Agreement with Cerine Management LLC, for the Property Located at 6220 John Ryan Drive, Fort Worth at No Expense to the City. The City Council approved the following recommendation: Authorize a Retaining Wall Maintenance Agreement With Cerine Management, LLC, for the Property Located at 6220 John Ryan Drive, Fort Worth at No Expense to the City. 3. M &C L -15225 - Authorize Acquisition of a Fee Simple Interest in 0.0839 Acres of Land for Right -of -Way Located at 3417 Bideker Avenue from Sterling Global Resources, LLC., in the Amount of $9,288.78 and Pay Estimated Closing Costs of $2,000.00 for a Total Cost of $11,288.78. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in 0.0839 Acre of Land for Right -of -Way Located at 3417 Bideker Avenue, Described as Lot 6, Block 21, Englewood Heights, From Sterling Global Resources, LLC, for $9,288.78 and Pay Estimated Closing Costs of $2,000.00; Find That the Amount of $9,288.78 Offered for the Purchase of the Right -of -Way is Just Compensation; and Authorize the City Manager or his Designee to Accept the Conveyance and Execute and Record the Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 4 of 19 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -25092 - Authorize Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located Generally West of Old FM156 and South of SH114. The City Council approved the following recommendation: Authorize the Execution of a Development Agreement Between the City and Multiple Property Owners for the Application of Development Standards in Lieu of Annexation for 1,056.6 Acres of Land, Located Generally West of Old FM 156 and South of SH 114 in Unincorporated Denton County, Described as Area 73, Alliance Airport Area. 2. M &C C -25093 - Authorize Execution of a Contract with Vendigm Construction, LLC, in the Amount of $231,810.20 for Bridge Repair and Rehabilitation at Seven Locations, 2011 -18. The City Council approved the following recommendation: Authorize Execution of a Contract With Vendigm Construction, LLC, in the Amount of $231,810.20 for Bridge Repair and Rehabilitation at E. Allen Avenue Over BNSF Railroad; Bellaire Drive South (East Bound) Over Tributary of Trinity River; Bellaire Drive South (West Bound) Over Tributary of Trinity River; Hattie Street Over BNSF Railroad; Mark IV Parkway (North Bound) Over Little Fossil Creek; Mark IV Parkway (South Bound) Over Little Fossil Creek; and Village Creek Road Over Tributary of Lake Arlington. 3. M &C C -25094 - Authorize Execution of a Contract with RKM Utility Services, Inc., in the Amount of $741,269.00 for the Summercrest Drainage Improvements. The City Council approved the following recommendation: Authorize Execution of a Contract With RKM Utility Services, Inc., in the Amount of $741,269.00 for Construction of the Summercrest Drainage Improvements. 4. M &C C -25095 - Authorize Execution of an Engineering Agreement in the Amount of $243,619.00 with Wade Trim, Inc., for the Westcliff Drainage Improvements Project. The City Council approved the following recommendation: Authorize Execution of an Engineering Agreement With Wade Trim, Inc., in the Amount of $243,619.00 for Scope Assessment of the Westcliff Drainage Improvements Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 5 of 19 (VII. CONSENT AGENDA Continued) 5. M &C C -25096 - Authorize Execution of a Contract with Intercon Environmental, Inc., in the Amount of $18,780.00 for Removal, Transportation and Disposal of Asbestos Containing Materials at Meadowbrook Library, R.D. Evans Community Center, and the Former Police Property Room and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19832 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Environmental Protection Operating Fund in the Amount of $18,780.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Removing Asbestos Containing Material at Meadowbrook Library, R.D. Evans Community Center and Former Police Property Room; Authorize the Transfer of Funds From the Environmental Protection Operating Fund to the Environmental Protection Project Fund; and Authorize Execution of Contract With Intercon Environmental, Inc., for Removal, Transportation and Disposal of Asbestos Containing Materials. 6. M &C C -25097 - Ratify the Application for and Accept a Motor Carrier Safety Assistance Program High Priority Grant from the United States Department of Transportation, Federal Motor Carrier Safety Assistance Program in an Amount Up to $250,000.00 to Conduct Commercial Motor Vehicle Enforcement and Public Outreach, Authorize Execution of the Grant Agreement for Acceptance of Grant Funds, Authorize Matching Funds in an Amount Up to $62,500.00 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Ratify the Application for and Accept a Motor Carrier Safety Assistance Program High Priority Grant From the United States Department of Transportation, Federal Motor Carrier Safety Assistance Program in an Amount Up to $250,000.00; Authorize Execution of a Grant Agreement With the United States Department of Transportation to Conduct Commercial Motor Vehicle Enforcement and Public Outreach; Authorize the City to Provide an In -Kind Match Associated With the Grant of 20 Percent of the Total Project Cost in an Amount Up to $62,500.00; and Adopt Appropriation Ordinance No. 19833 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $312,500.00, Subject to Receipt of the Grant, for the Purpose of Funding Commercial Motor Vehicle Enforcement and Public Outreach. 7. M &C C -25098 - Authorize Mutual Aid Agreement with the City of Saginaw to Respond to Requests for Assistance with Fire Protection and First Responder Requests on Medical Incidents for the Protection of Life and Property. The City Council approved the following recommendation: Authorize the City Manager to Execute a Mutual Aid Agreement With the City of Saginaw to Respond to Requests for Assistance With Fire Protection and First Responder Requests on Medical Incidents for the Protection of Life and Property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 6 of 19 (VII. CONSENT AGENDA Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 7 of 19 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) Council Member Moss announced the District 5 Library Master Plan meeting would be held on August 11, 2011, from 6:00 p.m. to 8:00 p.m., at the eSkills Library and Job Center, located at 2800 Stark Street. He also announced the Jean McClung Middle School Ribbon Cutting Ceremony would be held on August 12, 2011, at 10:00 a.m., located at 3000 Forest Avenue. He also announced that a Redistricting Public Workshop would be held on August 15, 2011, from 6:30 pm. to 8:30 p.m., at the Tarrant County College Opportunity Center, located at 5901 Fitzhugh. Council Member Hicks announced the District 8 Library Master Plan meeting would be held on August 15, 2011, from 6:30 p.m. to 8:00 p.m., at the Highland Hills Community Center, located at 1600 Glasgow Road. She also announced the Business Assistance Center would present "Getting to the Next Level," a business plan competition on August 23, 2011, at 5:00 p.m., at the Texas Christian University, Dee J. Kelly Alumni and Visitors Center. She stated that the total value of the prize packages for first, second and third place was approximately $50,000.00 and advised those interested in attending the event to RSVP to (817) 212 -2665. Mayor Pro tem Zimmerman announced, on behalf of Council Member Espino, that a Talking Out Ceremony would be held on August 12, 2011, at 10:00 a.m., at Texas Health Harris Methodist at Alliance, located at 10510 Old Denton Road. Mayor Price announced that the dress code for Budget Workshop, scheduled for August 10 and 11, 2011, at the Southwest Baptist Theological Seminary, would be casual and stated she looked forward to the hard work that would occur relative to the proposed budget. She also announced that a summer dress code would be implemented for City employees, effective August 9, 2011, through September 5, 2011. She encouraged everyone to dress in appropriate business casual attire and emphasized that flip flops and shorts were not acceptable. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL a. There were no changes in membership on Boards and Commissions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 8 of 19 XIL 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. XIIL RESOLUTION 1. A Resolution of the City Council of the Cit y of Fort Worth, Texas, Proposing t he Increase of Tax Revenue from the Ad Valorem Tax Rate for Fiscal Year 2012 and Setting Public Hearin Dates on the Tax Rate. Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Resolution No. 4016 -08 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. XIV. REPORT OF THE CITY MANAGER B. General < < System-Building Adopt Appropriation The recommendation was that the City Council Authorize Application for and Acceptance, if Awarded, of a Three (3) -Year Grant for a Total Amount Up to $750,000.00 From The Wallace Foundation to Participate in a System - Building Initiative for Out -of- School Time Programs; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of a Grant, for the Purpose of Funding the Program. Council Member Moss advised that he would file a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17344 be approved and Appropriation Ordinance No. 19834 -08 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays and one (1) abstention by Council Member Moss, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 9 of 19 .......... I ................... It was the consensus of the City Council that Mayor and Council Communication No. G-17345 be withdrawn from consideration. Than 600 Feet from a Protected Use. (PUBLIC HEARIN It was the consensus of the City Council that Mayor and Council Communication No. G-17346 be withdrawn from consideration. Ej Less Than 600 Feet from a Protected Use. (PUBLIC HEARING) The recommendation was that the City Council Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit on the Cowboys of Color Lease Located at 3620 East Berry Street Less Than 600 Feet From a Protected Use. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. BgR2LL2LLjL_aLaff Mr. Rick Trice, Assistant Director, Gas Wells, Planning and Development Department, appeared before Council and provided a staff report. b. Czen Presentations Ms. Loretta Haldenwang, Public Affairs Coordinator, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council and provided an overview of the waiver request. Council Member Moss requested clarification from Ms. Haldenwang regarding what steps Chesapeake Energy Corporation was taking to address the sound mitigation concerns of the neighbors. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 10 of 19 (G -17347 Continued) Ms. Haldenwang stated that Chesapeake Energy Corporation would provide 32 foot sound mitigation walls on all four (4) sides of the pad site with an upgraded sound mitigation padding of the thickest material available on the market. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -17347 and referenced Attorney General Opinion No. JM 1069 relative to a home rule city designating itself to act as a zoning board of adjustment and stated the City was in violation of this opinion. They also stated that noise levels associated with this well site were too high and they had filed complaints with both the City and with Chesapeake Energy Corporation. They referenced a report by Behrens & Associates, Inc., Environmental Noise Control - Cowboys of Color Lease and advised that the report stated that the site was in compliance when the acoustic levels were averaged but there were times when the noise levels were not in compliance. They also stated that the City should not be able to grant waivers from 600 feet to 200 feet from protected uses and added that they felt the City was placing potential revenue above the welfare of the citizens. They advised that gas wells could be a potential target for terrorism and stated regular accidents occur on gas well sites. They further stated that this pad site was too close to schools, homes and churches and should not be permitted. Mr. Gray also referenced an accident that occurred when a gas well ruptured near his home and the neighborhood was evacuated and a gas well employee was killed. Ms. Esquivel referenced the Dawson Seismic Study and requested the contents of the study be published for the citizens to review. Mr. Jim Ashford, 6209 Riverview Circle (provided a handout of Attorney General Opinion No. JM 1069). Mr. Michael Martinez, 3109 Bright Street (provided a handout of Behrens & Associates, Inc., Environmental Noise Control - Cowboys of Color Lease Report). Pastor Ernest Williams, 1640 Ousley Road Mr. Billy Gray, 4505 Griggs Court Ms. Tamara Taylor, 3533 East Berry Street Ms. Angelica Esquivel, 3041 Bright Street Mr. Trice advised that the Dawson Seismic Study contained proprietary information and was not subject to release. Council Member Moss requested Ms. Haldenwang reiterate what steps Chesapeake Energy Corporation was taking to address the sounds mitigation concerns of the neighbors and where the measurements were taken when determining the closest protected use. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 11 of 19 (G -17347 Continued) Ms. Haldenwang reiterated that Chesapeake Energy Corporation would provide 32 foot sound mitigation walls on all four (4) sides of the pad site with an upgraded sound mitigation padding of the thickest material available on the market. She also clarified that the measurement to the closest protected use was measured from the edge of the pad site not the well head and pointed out that the well head was located an additional 75 feet away from the closest protected use. She also read a statement from Mr. Jim Austin, Founder, National Multicultural Western Heritage Museum and Hall of Fame, in support of the waiver request. Council Member Moss advised that he would support this waiver request and stated that many meetings had been held with both Chesapeake Energy Corporation and the neighbors and stated that efforts had been made to accommodate the concerns of the neighbors. Council Member Burns requested the City Attorney provide a response to the Attorney General Opinion discussed by Mr. Ashford. He also requested that Mr. Ashford be copied on the response from the City Attorney. c. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Burns, that the public hearing be closed and that Mayor and Council Communication No. G -17347 be approved. The motion carried with six (6) ayes to one (1) nay by Council Member Hicks and one (1) abstention by Council Member Jordan, with Council Member Espino absent. The recommendation was that the City Council Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit on the McCulley Lease Located at 5190 Parker Henderson Road, Less Than 600 Feet From a Protected Use. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. Rer)ort of City Staff Mr. Rick Trice, Assistant Director, Gas Wells, Planning and Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 12 of 19 (G -17348 Continued) Ms. Loretta Haldenwang, Public Affairs Coordinator, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council and provided an overview of the waiver request. Council Member Hicks requested clarification on where W.M. Green Elementary was located on the map. Mr. Charles Davis, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council and pointed out the location of W.M. Green Elementary and noted that the school was not located on the same street as the truck route. Council Member Moss requested clarification on the hours of travel for the truck traffic at the pad site. Ms. Haldenwang stated that Chesapeake Energy Corporation would limit large truck traffic during school pick -up and drop -off times. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. G -17348 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays and one (1) abstention by Council Member Jordan, with Council Member Espino absent. W"Im Nil 5"' """740 ` c The recommendation was that the City Council Consider a Request From Margarito Albarran as Lessee of the Building Located at 1201 East Long Avenue for a Variance From Section 4 -4 of the City Code Prohibiting the Sale of Alcoholic Beverages Within 300 Feet of Harvest Outreach Church Located at 3407 North Hampton Street. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 13 of 19 (G -17349 Continued) a. BgR2Lt of City Staff Ms. Dana Burghdoff, Deputy Director, Planning, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Motion: Mayor Pro tem Zimmerman made a motion on behalf of Council Member Espino, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17349 be continued until the September 13, 2011, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. JA (PUBLIC HEARINE.) The recommendation was that the City Council Hold a Public Hearing Concerning an Amendment to the Project and Financing Plans for Tax Increment Reinvestment Zone, Number Eight (8), City of Fort Worth, Texas, to Afford an Opportunity for Interested Persons to Speak for or Against the Proposed Amendment as Well as to Speak for or Against the Boundaries of the TIF and the Concept of, Close the Public Hearing; and Adopt an Ordinance Approving an Amended Project and Financing Plan for Tax Increment Reinvestment Zone Number Eight (8), City of Fort Worth, Texas (Lancaster Corridor TIF); and Making Various Findings Related to Such Amended Plan. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. e Ms. Marguerite Allen, Economic Development Specialist, Housing and Economic Development 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 AUGUST 9, 2011 PAGE 14 of 19 (G -17350 Continued) c. Council Action Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. G -17350 be approved and Ordinance No. 19835 -08 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Environmental Quali!y and Adopt The recommendation was that the City Council Conduct a Public Hearing on the Application of Chevron U. S.A., Inc., for Approval of a Municipal Setting Designation for the Property Known as 2525 Brennan Avenue, a 22.490 Acre Tract of Land out of the E. Little Survey, Abstract No. 954, and the S.K. Smith Survey, Abstract No. 1417, Same Being the Remainder of that Certain Property Called 25.9 Acre Tract of Land Described in a Deed From Freehold Property Co. to Gulf Refining Co., to Allow the Public the Opportunity to Give Testimony; Adopt a Resolution in Support of the Application of the City of Fort Worth to the Texas Commission on Environmental Quality for a Municipal Setting Designation for 2525 Brennan Avenue, Fort Worth, Texas; and Adopt an Ordinance Amending the Code of the City of Fort Worth (1986), as Amended, by the Amendment of Chapter 12.5, "Environmental Protection and Compliance," Article IV "Groundwater and Surface Water Quality," by Amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth," by the Addition of Section 21; Designating CFW -MSD -0021, Providing for the Prohibition of the Use of Groundwater for Potable and Irrigation Purposes in CFW -MSD -0021, Providing a Fine Up to $2,000.00 for Each Offense in Violation of the Ordinance. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. Reoort Mr. Stewart Brown, Environmental Specialist, Transportation Public Works Department, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals completed speaker cards in support of Mayor and Council Communication No. G- 17351, but did not wish to address the City Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 15 of 19 (G -17351 Continued) Ms. Gale McKinney, 10235 West Little York, Houston, Texas 77040 Mr. Peter Kasbohm, 4800 Fournage Place c. Council Action Motion: Mayor Pro tem Zimmerman made a motion on behalf of Council Member Espino, seconded by Council Member Scarth, that the public hearing be closed and that Mayor and Council Communication No. G -17351 be approved and Resolution No. 4017 -08 -2011 and Ordinance No. 19836 -08 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C. Purchase of Eguipment, Materials, and Services Agreements Department The recommendation was that the City Council Authorize Execution of a Long -Term Lease Agreement With Yamaha Motor Corporation, U.S.A, for Golf and Utility Cars and Seasonal Rental and Service Agreements With Yamaha Golf -Car Company for the Parks and Community Services Department for a Combined Total Amount of $254,000.00 for the First Year. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. P -11276 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 2. MSC P -11277 - Authorize Purchase Agreement for Repair and ReWacement of Heating, Ventilation and Air Conditioning_ Systems at City-Owned aci itieS with Johnson Controls, Inc., for the Citv of Fort Worth in the Amount of $700,000.00 for the First Year. The recommendation was that the City Council Authorize a Purchase Agreement for Repair and Replacement of Heating, Ventilation and Air Conditioning Systems at City -Owned Facilities in the Amount of $700,000.00 for the First Year Based on the Lowest Bid Meeting Specifications. Motion: Council Member Jordan made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. P -11277 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 16 of 19 3.M&C P-11278 - Authorize Purchase of Seven Dump rucks from Southwest International Trucks, Inc., Using a Texas Association of School Boards Coo erative Contract for the Transportation and Public Works, Water and Parks and C Lommunitj Services DgRaLtments for a to Amount of $81 The recommendation was that the City Council Authorize the Purchase of Seven (7) Dump Trucks From Southwest International Trucks, Inc., Using the Texas Association of School Boards Contract No. 358-10 for the Transportation and Public Works, Water and Parks and Community Services Departments for a Total Amount of $810,504.00. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. P-11278 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. D. Land b. Citizen Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 17 of 19 (L -15226 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 9, 2011 PAGE 18 of 19 (ZC- 11 -041A Continued) Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. This item was continued from the July 12, 2011, Council meeting. Mr. Walter Cheatle, 3301 East Loop 820 South, completed a speaker card in support of Zoning Docket No. ZC- 11 -041A, but did not wish to address the City Council. Council Member Moss expressed appreciation to the City staff involved in this project and stated this item completed the Council initiated rezoning for Vaughn Neighborhood. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 11 -041A be approved and Ordinance No. 19837- 08- 2011be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19837 -08 -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 AUGUST 9, 2011 PAGE 19 of 19 XVI. CITIZEN PRESENTATIONS Mr. Don Fisher, 6925 Hatch Drive, Lake Worth, Texas 76135, appeared before Council relative to the fracing activity at the Welker 5 -H Jenkins Heights Addition gas well. He stated that a pipe was pumping water from the well site to a location one and a half (1.5) miles from the well and could be contaminating the lake water where children were swimming. He requested a meeting be held onsite with the City and Chesapeake Energy Corporation representatives to show him where the water pipe was located and to investigate the matter to determine if the gas well company was in compliance. XVIII. ADJOURNMENT There being no further business, the meeting was adjourned at 8:07 p.m. These minutes approved by the Fort Worth City Council on the 16th day of August, 2011. Attest: i Marty Hendrix City Secretary Appr B yP ' e ayor