Loading...
HomeMy WebLinkAbout2011/08/16-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 Present: Mayor Betsy Price Mayor Pro tem W. B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 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 Staff Present: Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:03 a.m., on Tuesday, August 16, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. 1 w The invocation was provided by Pastor Darren Holt, Pantego Bible Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 9 2011 Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that the minutes of the regular meeting of August 9, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6, I Kc c Ic There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 2 of 19 '• . 1 1 " '• Interim City Manager, Tom Higgins requested that Mayor and Council Communication No. G -17357 be continued until the September 13, 2011, Council meeting. VII. CONSENT AGENDA Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17352 - Adopt Appropriation Ordinance Increasing Estimated Receipts and Expenditures in the Mayor's Committee on Persons with Disabilities Section of the Special Trust Fund, in the Amount of $6,064.80, to Fund Academic Scholarships for Eligible Fort Worth Residents with Disabilities. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19838 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Mayor's Committee on Persons With Disabilities Section of the Special Trust Fund in the Amount of $6,064.80, From Available Funds, for the Purpose of Funding Academic Scholarships to Eligible Fort Worth Residents With Disabilities. 2. M &C G -17353 - Authorize the Temporary Closure of a Portion of Main Street Between Third Street and Fourth Street from November 14, 2011 Until January 4, 2012 to Accommodate the Downtown Fort Worth Inc., Annual Christmas Tree Display. The City Council approved the following recommendation: Authorize the Temporary Closure of a Portion of Main Street Between Third Street and Fourth Street From November 14, 2011, Until January 4, 2012, for the Downtown Fort Worth, Inc., Annual Christmas Tree Display. 3. M &C G -17354 - Authorize the Temporary Road Closure of Stayton Street from West Seventh Street to West Sixth Street from August 17, 2011 to October 31, 2011. The City Council approved the following recommendation: Authorize the Temporary Road Closure of Stayton Street From West Seventh Street to West Sixth Street From August 17, 2011, to October 31, 2011, to Relocate Atmos Energy's Facilities From the West Seventh Street Bridge. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 3 of 19 (VII. CONSENT AGENDA Continued) 4. M &C G -17355 - Authorize Acceptance of an Anonymous Donation of $12,242.00 for the Purchase of Equipment for Various Fire Stations, Authorize the Transfer of $12,242.00 from the Special Gifts Fund to the General Fund and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize the City Manager to Accept a Monetary Donation in the Amount of $12,242.00 From an Anonymous Donor; Adopt Appropriation Ordinance No. 19839 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Special Gifts Fund in the Amount of $12,242.00, Upon Receipt of an Anonymous Monetary Donation for the Purpose of Transferring Said Funds to the General Fund, for the Purchase of Equipment for Various Fire Stations; Authorize the Transfer of $12,242.00 From the Special Gifts Fund to the General Fund; Adopt Appropriation Ordinance No. 19840 -08 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund, From Available Funds, for the Purpose of Purchasing the Equipment; and Authorize the Purchase of the Equipment in Accordance With City Regulations and State Laws. 5. M &C G -17356 - Authorize Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Spinks 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 Gas Lease Revenue in an Amount Up to $47,000.00 for the City's Grant Match, Authorize the Use of Revenue from the Municipal Airports Fund in an Amount Up to $3,000.00 for the City's Grant Match and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize the City Manager to Accept a Routine Airport Maintenance Project Grant, if Offered, for Fort Worth Spinks Airport From the Texas Department of Transportation (TxDOT)), Aviation Division, in an Amount Up to $50,000.00; Authorize the Use of Gas Lease Revenue in the Amount of $47,000.00 to Cover Capital Expenditures; Adopt Appropriation Ordinance No. 19841 -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 for the City's Match of a Routine Airport Maintenance Project Grant From the TxDOT, Aviation Division, to Provide Routine Maintenance and Small Capital Projects at Fort Worth Spinks Airport; Authorize the Transfer of $47,000.00 From the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's Match; Authorize the Transfer of $3,000.00 From Municipal Airports Fund to the Airports Grant Fund for the City's Match; and Adopt Appropriation Ordinance No. 19842 -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 Maintenance and Projects. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 4 of 19 (VII. CONSENT AGENDA Continued) B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11279 - Authorize a Sole Source Purchase Agreement with Locution Systems Inc., for Those Fire Stations with a CADVOICE Alert System for Spare Parts, Annual Maintenance and One New System at Fire Station No. 5 for an Amount of $61,200.00 for the First Year. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Locution Systems, Inc., for Those Fire Stations With a CADVOICE Alert System for Spare Parts, Annual Maintenance and One (1) New System at Fire Station No. 5 for an Amount of $61,200.00 for the First Year. C. Land - Consent Items 1. M &C L -15227 - Authorize the Acquisition of Two Fee - Simple Interests Corner Clips in 0.005 Acres of Land for Right -of -Way Located at 12124 Long Stem Trail and 0.005 Acres of Land for Right -of -Way Located at 4708 Dwarf Nettle Drive from NFWLB, LLC., in the Amount of $1,000.00 and Pay the Estimated Closing Costs of $1,000.00 for a Total Cost of $2,000.00. The City Council approved the following recommendation: Authorize the Acquisition of a Fee - Simple Interest Corner Clips in Two (2) 0.005 Acre of Land for Right -of -Way Located at 12124 Long Stem Trail, Described as Lot 1, Block 96 and 4708 Dwarf Nettle Drive, Described as Lot 39, Block 98, The Villages of Woodland Springs West, From NFWLB, LLC., to Widen Alta Vista Road, for a Total of $1,000.00 and Pay Estimated Closing Costs of $1,000.00; Find That the Total Price of $1,000.00 Offered for the Purchase of the Two (2) Rights -of -Way is Just Compensation; and Authorize the Acceptance and Record the Appropriate Instruments. 2. M &C L -15228 - Authorize the Acquisition of a Fee Simple Interest in 0.005 Acres of Land for Right -of -Way Corner Clip Located at 4817 Crumbcake Drive from Jeremy and Heather Reed in the Amount of $1,000.00 and Pay the Estimated Closing Costs of $1,000.00 for a Total Cost of $2,000.00. The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple Interest in 0.005 Acre of Land for Right -of -Way Corner Clip Located at 4817 Crumbcake Drive, Described as Lot 5, Block 53, The Villages of Woodland Springs West, From Jeremy and Heather Reed, for $1,000.00 and Pay Estimated Closing Cost of $1,000.00; Find That the Amount of $1,000.00 Offered for the Purchase of the Right -of -Way is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 5 of 19 (VII. CONSENT AGENDA Continued) 3. M &C L -15229 - Authorize the Acquisition of a Fee Simple Interest in 0.1828 Acres of Land for the Lebow Channel Drainage Improvements Project, Located at 1108 De Ridder Avenue from Shirley Trevino for $48,000.00 and Pay the Estimated Closing Costs of $2,000.00 for a Total Cost of $50,000.00. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in the Improved Lot Located at 1108 De Ridder Avenue, Fort Worth, Texas, Described as Lot 29, Block 46, Sabine Place Addition, From Shirley Trevino; Find That the Purchase Price of $48,000.00 is Just Compensation; and Authorize the City Manager or his Designee to Accept the Conveyance, Record the Appropriate Instruments and to Pay the Estimated Closing Costs Up to $2,000.00. D. Planning & Zoning - Consent Items 1. M &C PZ -2952 - Adopt Ordinance Changing the Name of Green Oaks Road Extension to Mall Circle within Ridgmar Mall. The City Council approved the following recommendation: Adopt Ordinance No. 19843 -08 -2011 Changing the Name of Green Oaks Road Extension, a Loop Street Within Ridgemar Mall, to "Mall Circle ". E. Award of Contract - Consent Items 1. M &C C -25102 - Authorize Execution of a Memorandum of Understanding with the Texas Department of Transportation to Adopt and Adhere to Its Disadvantaged Business Enterprise Program on City Projects that Receive Funds from the Federal Highway Administration Through the Texas Department of Transportation for the Purpose of Assisting with Construction and Design Costs. The City Council approved the following recommendation: Authorize Execution of a Memorandum of Understanding Adopting the Texas Department of Transportation's Disadvantaged Business Enterprise Program on City Projects that Receive Funds From the Federal Highway Administration Through the Texas Department of Transportation for the Purpose of Assisting With Construction and Design Costs. 2. M &C C -25103 - Authorize Execution of One Storm Water Facility Maintenance Agreement with HCA Health Services of Texas, Inc., Located in the William McGowan Survey, A 999 Trail, 1115, 3A1, 3C, 5K, and 5C1 Located East of Interstate Highway 35W and North of North Tarrant Parkway at No Cost to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 6 of 19 (VII. CONSENT AGENDA Continued) (C -25103 Continued) The City Council approved the following recommendation: Authorize the Execution of a Storm Water Facility Maintenance Agreement With HCA Health Services of Texas, Inc., for Property Located in the William McCowan Survey, A 999 Trail, 1135, 3A1, 3C, 5K and 5C1, Located East of Interstate Highway 35W and North of North Tarrant Parkway, at No Cost to the City. 3. M &C C -25104 - Authorize Execution of a Texas Commission on Environmental Quality Federally Funded Grant Agreement in an Amount Not to Exceed $250,482.00 for Air Pollution Control Services, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute the Texas Commission on Environmental Quality (TCEQ) Federally Funded Grant Agreement for Air Pollution Control Services With a Maximum Amount of $250,482.00 for a Two (2) Year Term of September 1, 2011, Through August 31, 2013; Authorize the Use of Existing Personnel Services for the City's In -Kind Match With an Anticipated Value of $82,660.00 for the Two (2) Year Term of September 1, 2011, Through August 31, 2013; Adopt Appropriation Ordinance No. 19844 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $167,822.00, Subject to Receipt of the Grant From the TCEQ for Grant Years 2011 -2012 and 2012 -2013, for the Purpose of Funding the Oakridge and Linda Lane Water, Sewage and Drainage Improvements; and Apply Indirect Costs at the Most Recently Approved Rate of 21.48 Percent for the Transportation and Public Works Department. 4. M &C C -25105 - Ratify the Application for and Authorize Acceptance of Two Grants from the Texas Department of Transportation, One in the Amount of $249,710.00 for the Comprehensive Selective Traffic Enforcement Program, and One in the Amount of $45,975.00 for the Commercial Motor Vehicle Selective Traffic Enforcement Program, Authorize Expenditure of $159,261.84 in Partial Matching Funds, Authorize Execution of Related Grant Agreements and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Ratify the Application for and Authorize the Acceptance of, if Awarded, the Fiscal Year 2012 Comprehensive Selective Traffic Enforcement Program Grant, in the Amount of $249,710.00, and the Fiscal Year 2012 Commercial Motor Vehicle Selective Traffic Enforcement Program Grant, in the Amount of $45,975.00, Both From the Texas Department of Transportation (TxDOT); Authorize the City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 7 of 19 (VII. CONSENT AGENDA Continued) (C -25105 Continued) Manager to Execute Contracts With TxDOT for the Grants, Contingent Upon Appropriation of Matching Funds; Authorize the Transfer of $159,261.84 From the State Awarded Assets Fund to the Grants Fund for the City's Match Requirement for the Grants, Contingent Upon Receipt of Adequate Funding in the Fiscal Year 2012 State Awarded Assets Fund; and Adopt Appropriation Ordinance No. 19845 -08 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $454,946.84, Subject to Receipt of the Grants, for the Purpose of Funding the Fiscal Year 2012 Selective Traffic Enforcement Programs. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1824 - Notice of Claims for Alleged Damages and /or Injuries IX. SPECIAL PRESENTATIONS, , There were no special presentations, introductions, etc. I w, 1 1. Upcoming a nd Recent Events Council Member Hicks announced that a meeting regarding the East Berry Fort Worth Public Art Project would be held on August 17, 2011, from 4:00 p.m. to 5:00 p.m., at the Guinn School Complex, located at 1150 South Freeway. She also announced that the Police Department would host a Diversity Forum on August 18, 2011, at 7:00 p.m., at the Hazel Harvey Peace Center for Neighborhoods, located at 818 Missouri Avenue. She further announced that two (2) Redistricting Public Workshops would be held on August 22, 2011, from 6:30 p.m. to 8:30 p.m., at Meadowbrook United Methodist Church, located at 3900 Meadowbrook Drive and on August 23, 2011, from 6:30 p.m. to 8:30 p.m., at Highland Hills Community Center, located at 1600 Glasgow Road. She stated that citizens could call her office at (817) 392 -8808 to obtain more information on the meetings. She also recognized former Council Member Carter Burdette who was in attendance at the meeting. Council Member Scarth announced that a meeting relative to the update on the I -30 Gateway Monument Project would be held on August 24, 2011, from 6:00 p.m. to 7:00 p.m., at the East Regional Library. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 8 of 19 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) Council Member Burns announced that a Redistricting Public Workshop would be held on August 17, 2011, at 6:30 p.m., at the Southwestern Baptist Theological Seminary. He also announced that the new Mayor and other delegates from Budapest, Hungary, a Sister City of Fort Worth, would be visiting the City next week. He stated that welcome and send off activities had been planned and encouraged anyone interested in attending the events to contact the District 9 Office at (817) 392 -8809. Mayor Price expressed appreciation to Fort Worth Police Officers Jacob Boldin, Craig Chambers and Jeremy Keys, who provided assistance to a family with five (5) children after they were stranded on I -30 in a broken -down vehicle. She stated that after blocking traffic and moving the van off the freeway, the officers paid for the family to eat at a nearby restaurant. She added that the officers, with the assistance of an area Pastor, also paid for the family to stay overnight in a nearby hotel. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on Boards and Commissions hi 1 11 IiII 1. ReDort bv the " v Zonin2 Commission CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 9 of 19 (XIII. ORDINANCES Continued) 2. An Ordinance Setting Forth an Estimate of the Expense of the General Debt Service Fund of the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2011, and Ending September 30, 2012, and Appropriating Money for the General Debt Service Fund and Purpose of Such Estimate; Appropriating Money to Pay Interest and Principal Sinking Fund Requirement on All Outstanding General Indebtedness; Providing for Public Hearings Upon This Ordinance Before the Entire City Council Sitting as a Committee of the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances and Appropriations in Conflict with the Provisions of This Ordinance; and Providing for the Publication and Final Passage Thereof. 3. An Ordinance Providing for the Levy and Collection of an Annual Ad Valorem Tax on All Property, Real, Personal and Mixed, Situated Within the Territorial Limits of the City of Fort Worth, Texas, and All Personal Property Owned in said City of Fort Worth, Texas, on the First Day of January, A.D. 2011, Except Such Property as May be Exempt from Taxation by the Constitution and Laws of the State of Texas; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances in Conflict with the Provisions of This Ordinance; and Providing for the Publication and Final Passage Thereof. City Secretary Hendrix read the caption of each ordinance in its entirety and advised that Council action was not necessary at this time and the items would remain open until adoption of the budget, debt service and tax rate ordinances. XIV. REPORT OF THE CITY MANAGER B. General ...... M1 Purpose of Balancing the Fiscal Year 2012 a The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Capital Projects Reserve Fund in the Amount of $5,000,000.00, From Available Funds, for the Purpose of Transferring Said Funds to the General Fund to Balance the Fiscal Year 2012 Budget; and Authorize the Transfer of $5,000,000.00 From the Capital Projects Reserve Fund to the General Fund for the Purpose of Balancing the Fiscal Year 2012 Budget. It was the consensus of the City Council that Mayor and Council Communication No. G -17357 be continued until the September 13, 2011, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 10 of 19 2. 735 - Approve the Use of $450,000.00 fr m the Fort Worth s a cc Corporation rte 'i ' s Homebuyer Assista ce Program and the Adopt Appropriation ----- - - - - -- Ordinance. The recommendation was that the City Council Approve the Use of $450,000.00 From the Fort Worth Housing Trust Fund Portion of the Fort Worth Housing Finance Corporation Fund for the City's Homebuyer Assistance Program, and for Such Funds to Satisfy the City's Fiscal Year 2011 -2012 Match Obligations Required by the HOME Investment Partnerships Program; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Fort Worth Housing Finance Corporation Fund, From Available Funds, for the Purpose of Funding the City's Homebuyer Assistance Program. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17358 be approved and Appropriation Ordinance No. 19846 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 Keller and City of Collelville Fire Vehicles and Apparatus. The recommendation was that the City Council Authorize the Equipment Services Department to Respond to the Request for Bid to Provide Preventative Maintenance and Repair Services for the City of Southlake, City of Keller and City of Colleyville Fire Vehicles and Apparatus. Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G -17359 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council Suspend the Financial Management Policy Statements That Limit the Expenditure of Mineral Lease Revenue to One (1) Time Capital Items; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Aviation Endowment Gas Lease Fund in the Amount of $8,572,012.18, From Available Funds, for the Purpose CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 11 of 19 (G -17360 Continued) of Transferring Said Funds to the Municipal Airports Fund to Reimburse the City for Aircraft Rescue and Firefighting Services for the Period From January 4, 2005, to September 30, 2010, at Alliance Fire Station 35 and Meacham Fire Station 44; Authorize the Transfer From Aviation Endowment Gas Lease Fund to the Municipal Airports Fund; Authorize the Transfer of $2,053,742.00 From Capital Projects Reserve Fund to the Municipal Airports Fund; Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Municipal Airports Fund in the Amount of $10,625,754.18, From Available Funds, for the Purpose of Reimbursing the City for Aircraft Rescue and Firefighting Services for the Period From January 4, 2005, to September 30, 2010, at Alliance Fire Station 35 and Meacham Fire Station 44; and Authorize the Transfer of $10,625,754.18 From the Municipal Airports Fund to the General Fund for the Purpose of Reimbursing the General Fund. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17360 be approved and Appropriation Ordinance No. 19847 -08 -2011 and Supplemental Appropriation Ordinance No. 19848 -08 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C. Purchase of Equipment, Materials, and Services � Amount The recommendation was that the City Council Authorize the Purchase of Public Safety Supplies and Equipment Using a Texas Association of School Boards Buyboard Contract No. 363 -10 for the Police and Fire Departments for an Amount of $1,250,00.00 for the First Year. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. P -11280 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. D. Land .. .... ......... Keith A. Kid�eii, on South Cravens Road for the Cravens Road at Wildcat Branch Bridge Replacement Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 12 of 19 (L -15230 Continued) The recommendation was that the City Council Declare that Negotiations Between the City and the Landowner to Acquire Fee Simple and Easement Interests in a Total of 0.615 Acre of Land Owned by Keith A. Kidwell, and Known as South Cravens Road, Block 4, LotsIB, 213, 2C, 313, Npt 6, 1013, 1113, 12B, 13B and Block 6, Lots 14A, 15A & 16A, Handley Heights South Addition, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Reach an Agreement on a Purchase Price and Other Terms; Declare the Necessity to Take by Condemnation the Subject Property for the Cravens Road at Wildcat Branch Bridge Replacement Project; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Fee Simple and Easement Interests in the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15230 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. in, rll 1 (PUBLIC A, The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternatives Exist to Use Trinity Park and Arnold Park as Proposed; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Parkland and Including That the Proposed Use Will Have No Impact on Use of the Surface of Parkland; and Close the Public Hearing and Authorize the City Manager to Approve Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas: Trinity Park - Located at 2401 University Drive, South Southeast by the Clear Fork Trinity River, South Access IH 30 West, East of University Drive, Intersected by Crestline Road, South of Terminus of Foch Street, Intersected Lancaster Avenue, East of Museum Way, South of 7th Street. Arnold Park - Located at 700 Samuels Avenue, Northwest of Cold Springs Road, Intersected by Clear Lake Street, West of Samuels Avenue, South of Mayfield Street, and West of Woods Avenue. a. Rer)ort of City Staff Mr. David Creek, Assistant Director, Parks and Community Services, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 13 of 19 (L -15231 Continued) b. Citizen Presentations Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to Mayor and Council Communication No. L -15231 and stated that he opposed the subsurface drilling and extraction of natural gas from all public parks. He also stated that he felt that the name of the company that would be doing the drilling should have been listed on the agenda. He provided a handout of an excerpt of Local Government Code Section 253.005 and stated that Section (b) prohibited the City from drilling under public areas. He requested this item be denied or delayed until a future meeting. Mayor Price requested City Attorney Fullenwider provide Mr. Ashford with an attorney opinion relative to his issue. c. Council Action Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that the public hearing be closed and that Mayor and Council Communication No. L -15231 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 (PUBLIC Pate Park. The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternatives Exist to the Use of Cobblestone Trail Park and Marie F. Pate Park as Proposed; Find That the Proposed Use Includes all Reasonable Planning to Minimize Harm to the Parkland and Including That the Proposed Use Will Have No Impact on Use of the Surface of Parkland; and Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas: Cobblestone Trail Park - Located at 7601 John T. White, North of John T. White Road., North Terminus of Morrison Drive, Terminus of Bentree Drive, South of Cross Ridge Circle, Terminus of Kelley Court, South of Fresh Springs Road, Terminus of Atascosa Avenue, West of Cooks Lane. Marie F. Pate Park - Located at 3751 South Edgewood Terrace, North of Eastland Street, North of Terminus of Jennifer Court, East of South Edgewood Terrace, South of Virgil Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 14 of 19 (L -15232 Continued) a. Report of Citv Staff Mr. David Creek, Assistant Director, Parks and Community Services, appeared before Council and provided a staff report and advised that action would only be required on the Mary F. Pate Park and the Cobblestone Trail Park would be continued to the September 13, 2011. Council Member Scarth clarified that the Council would not be voting on the subsurface drilling and extraction of natural gas from Cobblestone Trail Park. Ms. Susan Alanis, Assistant City Manager, clarified that a revised Mayor and Council Communication No. L -15232 had been distributed to the City Council and a new Mayor and Council Communication with a new number would come before Council at a later date for the subsurface drilling and extraction of natural gas from Cobblestone Trail Park. She also advised that the property owners would receive a new notice relative to the park. 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 Espino, that the public hearing be closed and that Mayor and Council Communication No. L -15232 be approved as revised. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Jordan requested that Council Member Moss revise his motion to include the revisions to Mayor and Council Communication No. L -15232 and that the revisions be read into the record. Assistant City Manager, Susan Alanis read the revisions into the record as follows: Paragraph 4 was revised to reflect, "Continue the public hearing until September 13, 2011, for Cobblestone Trail Park. Paragraph 5 was added to reflect, "Close the public hearing and authorize the City Manager to approve the use of the subsurface of parkland for the drilling and the extraction of natural gas at Marie F. Pate Park ". Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15232 be approved as amended to continue the public hearing until September 13, 2011, for Cobblestone Trail Park and close the public hearing and authorize the City Manager to approve the use of the subsurface of parkland for the drilling and the extraction of natural gas at Marie F. Pate Park. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 15 of 19 F. Award of Contract 1 Alliance Airport Runway Alliance Airport. The recommendation was that the City Council Authorize the City Manager to Execute a Contract With Mario Sinacola & Sons Excavating, Inc., in the Amount of $5,104,789.18 for Alliance Airport Runway Extension Project John Day Road and Keller Haslet Road Relocation at Fort Worth Alliance Airport. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No C -25106 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. BUDGET HEARING 1. Hearing r se Fiscal Year 2011-2012 A r riati r i a ce, De t Service Ordinance and Ad Valorem Tax Levy Ordinance 1. e r Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. 2. Citizen Presentations There was no one present desiring to be heard in connection with the budget hearing. 3. Council Action Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that the budget hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. XVL ZONING HEARING Mayor Price opened the public hearing. 1 1 1 ,. (Continued from a Previous,,Meet 1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 16 of 19 (ZC -11 -044 Continued) This item was continued from the August 2, 2011, Council meeting. Council Member Espino advised that he would recommend that this item be remanded to the City Zoning Commission for a PD /SU designation for a beauty shop and for further discussion with the neighbors. There was no one present desiring to be heard in connection with the request. Motion: Council Member Espino made a motion, seconded by Council Member Hicks that Zoning Docket No. ZC -11 -044 be remanded to the City Zoning Commission. 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 July 29, 2011. 1 Development 111 'ii IF I c Mr. Brandy O'Quinn, 2801 Willing Avenue, completed a speaker card in support of Zoning Docket No. ZC -11 -049, but did not wish to address the City Council. Council Member Hicks requested a brief explanation of the "UR" Urban Residential zoning classification. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and stated that the idea for the "UR" Urban Residential zoning classification came from the Urban Development Master Plans which were adopted in 2007. She stated the designation was thought to be useful within the urban villages or the areas adjacent to them to provide a buffer between mixed - use high density development and single - family neighborhoods. Council Member Hicks expressed appreciation to the Planning and Development Department staff and to the developer of the property for their hard work on this project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 17 of 19 (ZC -11 -049 Continued) ORDINANCE NO. 19849 -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. XVII. CITIZEN PRESENTATIONS Ms. Brenda Scruggs, 8132 Hosta Way, appeared before Council and stated that she and her husband were being harassed by the Police Department. She stated that police officers were sitting at the entrance of her neighborhood waiting to pull her over. She stated that Officer Mendez tailgated her and pulled her over without reason where she was given a citation. She also stated that three (3) patrol units responded to this incident and only one (1) name was listed on the citation. She requested the officer who gave her the citation be investigated and disciplined. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 18 of 19 (XVII. CITIZEN PRESENTATIONS Continued) Ms. Jerry Horton, 2608 Carter Avenue, appeared before Council and expressed appreciation to the Code Compliance Department and the Neighborhood Police Officers in her area. She stated that she had a number of issues with the property next door to her house and the Code Enforcement Officer who had assisted her had gone above and beyond what she had requested of him relative to the vacant property. Council Member Hicks expressed appreciation to Ms. Horton for sharing the kind words and reiterated what a great job the Code Compliance Department did on a regular basis. Mr. Joe Waller, 2533 Castle Circle appeared before Council relative to the air quality in the City. He stated that a member of the Environmental Protection Agency suggested that the Barnett Shale activity accounted for half of the ozone issues in the area. He suggested that the Council avoid the temptation to overly emphasize limited studies and the policy analysis ordinance refinement. He stated the Council must embrace the larger view of all contributing factors for the future of the City's air quality. He added that Council should realistically consider the limitations of the City's resources as well as the Texas Commission on Environmental Quality (TCEQ) and Texas Railroad Commission (TRRC) limited staff. He stated that the TCEQ and TRRC were staffed before all of the focus on the air and water quality became increased. He urged the City to require air and water quality monitoring devices on all wells. XVIIL EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) It was the consensus of the City Council that the City Council meet in closed session at 11:22 a.m., to: Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code: a. Sullo & Bobbitt, PLLC and Barry L. Bobbitt v. Greg Abbott, Attorney General of Texas, et al., Civil Action No. 3:11 -CV- 01926 -D; b. Legal issues related to natural gas rates of Atmos Energy; and C. Legal issues concerning any item listed on today's City Council meeting agendas. 2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2011 PAGE 19 of 19 (XVIII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) Continued) 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Mayor Price adjourned the Executive Session of the Fort Worth City Council at 11:37 a.m. Mayor Price reconvened back into regular session at 11:37 a.m. XIX. ADJOURNMENT Council Member Burns welcomed District 9 residents Andrew Manning, Wilder Bogle and Matt Keller to the Council meeting and stated they were working on their Eagle Scout badge. There being no further business, the meeting was adjourned at 11:37 a.m. in memory of Dallas Fire Department Lieutenant Todd W. Krodle, a 17 -year veteran, who was killed on August 14, 2011, after falling through the roof of a burning apartment building. These minutes approved by the Fort Worth City Council on the 23rd day of August, 2011. Attest: r� I Marty He drix City Secretary