Loading...
HomeMy WebLinkAbout2011/11/01-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 There were no items to be withdrawn from the Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 2 of 30 I. 1 1 < t There were no items to be continued or withdrawn by staff VII. CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Council Member Burns that the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. A. General - Consent Items 1. M &C G -17430 - Authorize the Acquisition, Jointly with the City of Dallas, from the State of Texas of a Tract of Land Containing Approximately 34,547 Square Feet Located Adiacent to the South Side of the State Highway 114 Right -of -Way for the Benefit and Use of the Dallas/Fort Worth International Airport for $86,370.00 and Pay Estimated Closing Costs of $1,600.00 for a Total of $87,970.00. The City Council approved the following recommendation: Authorize the Acquisition, Jointly With the City of Dallas, From the State of Texas of a Tract of Land Containing Approximately 34,547 Square Feet Located Adjacent to the South Side of the State Highway 114 Right -of -Way for the Benefit and Use of the Dallas/Fort Worth International Airport for $86,370.00 and Pay Estimated Closing Costs of $1,600.00 for a Total of $87,970.00. 2. M &C G -17431 - Authorize Payment to the Retired Employees' Group Death Benefit Fund for Payments of Retiree Death Benefits Under City Code in the Amount of $175,000.00. The City Council approved the following recommendation: Authorize a Payment to the Retired Employees' Group Death Benefit Fund to Pay for Retiree Death Benefits in Accordance With Section 2 -227 of the City Code in the Amount of $175,000.00. 3. M &C G -17432 - Approve Findings of the Vehicle for Hire Review Board Regarding Application of Aries Shuttle - Dallas, LLC, to Operate Eleven Shuttles within the City of Fort Worth and Adopt Ordinance Granting Such Authority. The City Council approved the following recommendation: Consider and Adopt the Following Findings of the Vehicle for Hire Review Board: The Public Necessity and Convenience Require the Operation of Eleven (11) Shuttles Upon the City Streets, Alleys and Thoroughfares; Aries Shuttle - Dallas, LLC, is Qualified and Financially Able to Conduct a Shuttle Service Within the City; Aries Shuttle - Dallas, LLC, has Complied With the Requirements of Chapter 34 of the City Code; Aries Shuttle- Dallas, LLC, Presented Facts in Support of Compelling Demand and Necessity for Eleven (11) Shuttles; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Eleven (11) Shuttles Upon City Streets, Alleys and Thoroughfares; and Adopt Ordinance No. 19955 -11 -2011 Granting the Privilege of Operating Authority to Aries Shuttle - Dallas, LLC, for the Use of the Streets, Alleys and Public Thoroughfares of the City in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 3 of 30 (VII. CONSENT AGENDA Continued) (G -17432 Continued) the Conduct of its Shuttle Business, Which Shall Consist of the Operation of Eleven (11) Shuttles for a Three (3) Year Period Beginning on the Effective Date, Providing for Written Acceptance by Aries Shuttle - Dallas, LLC, Subject to and Conditioned on Aries Shuttle - Dallas, LLC, Complying With All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended. 4. M &C G -17433 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group, to Operate Twenty -Two Limousines within the City of Fort Worth and Adopt Ordinance Granting Such Authority. The City Council approved the following recommendation: Consider and Adopt the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of 22 Limousines Upon the City Streets, Alleys and Thoroughfares; Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group is Qualified and Financially Able to Conduct a Limousine Service Within the City; Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group has Complied With the Requirements of Chapter 34 of the City Code; Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group Presented Facts in Support of Compelling Demand and Necessity for 22 Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of 22 Limousines Upon City Streets, Alleys and Thoroughfares; and Adopt Ordinance No. 19956 -11 -2011 Granting the Privilege of Operating Authority to Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall consist of the Operation of 22 Limousines for a Three (3) Year Period Beginning on the Effective Date, Providing for Written Acceptance by Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group, Subject to Wynne Enterprise I, LP, d /b /a Wynne Sedan & Limousine Group, Complying With All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended. 5. M &C G -17434 - Authorize Allocation of $447,678.00 for Fiscal Year 2012 Costs Associated with Running the Rent Free, City Operated Adoption Center Located within PetSmart, Inc., Store No. 187 Located at 4800 Southwest Loop 820 and Store No. 2065 Located at 2900 Heritage Trace Parkway in Fort Worth, Authorize Dedication and Deposit of Donations, Site Generated Adoption Revenues and PetSmart Charities Adoption Reward Program Revenues to the Special Trust Fund, Authorize Transfer of $447,678.00 from the Special Trust Fund to the General Fund, Authorize Solicitation and Acceptance of Donations for Adoption Center Operations and Adopt Appropriation Ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 4 of 30 (VII. CONSENT AGENDA Continued) (G -17434 Continued) The City Council approved the following recommendation: Authorize the Allocation of $447,678.00 for Fiscal Year 2012 Costs for the Operation of Two (2) Satellite Pet Adoption Centers Within PetSmart, Inc., Store No. 187, Located at 4800 Southwest Loop 820 and Store No. 2065, Located at 2900 Heritage Trace Parkway in Fort Worth; Authorize Revenues Generated From Donations, Pet Adoptions at the PetSmart Adoption Center and PetSmart Charities Adoption Rewards Program Throughout the Year be Deposited in the Appropriate Section of the Special Trust Fund and Dedicated to the Special Purpose of Funding Operations of Satellite Pet Adoption Centers; Adopt Appropriation Ordinance No. 19957 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund, From Available Funds, for the Purpose of Transferring Said Funds to the General Fund for Fiscal Year 2012 Costs for the Operation of Two (2) Satellite Pet Adoption Centers With PetSmart, Inc.; Authorize the Transfer of $447,678.00 From the Special Trust Fund to the General Fund; Adopt Supplemental Appropriation Ordinance No. 19958 -11 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund, From Available Funds, for the Purpose of Funding Fiscal Year 2012 Costs for the Operation of Two (2) Satellite Pet Adoption Centers With PetSmart, Inc.; and Authorize City Staff to Solicit and Accept Donations for Adoption Center Operations. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11317 - Authorize Purchase Agreement for High Voltage Switchgear and Motor Rewind Maintenance and Repair Services with Shermco Industries, Inc., Using a Tarrant Regional Water District Contract No. 11 -028 for the Water Department in the Amount of $1,250,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement for High Voltage Switchgear and Motor Rewind Maintenance and Repair Services With Shermco Industries, Inc., Using Tarrant Regional Water District Contract No. 11 -028 for the Water Department in the Amount of $1,250,000.00 for the First Year. 2. M &C P -11318 - Authorize Non - Exclusive Purchase Agreements with Winfield Solutions LLC, BWI Companies and Red River Specialties, Inc., for Agricultural Pesticides and Herbicides for all City Departments for a Combined Amount of $70,000.00 for the First Year. The City Council approved the following recommendation: Authorize Non - Exclusive Purchase Agreements With Winfield Solutions, LLC, BWI Companies and Red River Specialties, Inc., for Agricultural Pesticides and Herbicides for All City Departments for a Combined Amount of $70,000.00 for the First Year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 5 of 30 (VII. CONSENT AGENDA Continued) 3. M &C P -11319 - Authorize Purchase Agreements with Longhorn Harley- Davidson and Wild Child Cycles, LLC, for Police Motorcycle Maintenance for the Equipment Services Department for a Combined Amount of $130,500.00 for the First Year. The City Council approved the following recommendation: Authorize Purchase Agreements With Longhorn Harley- Davidson and Wild Child Cycles, LLC, for Police Motorcycle Repair and Maintenance for the Equipment Services Department for a Combined Amount of $130,500.00 for the First Year. 4. M &C P -11320 - Authorize the Purchase of a Centrifugal Pump and Motor from Smith Pump Company, Inc., for the Water Department in the Amount of $92,300.00. The City Council approved the following recommendation: Authorize the Purchase of a Centrifugal Pump and Motor From Smith Pump Company, Inc., for the Water Department in the Amount of $92,300.00, Which Includes Delivery, With Payment, Less 10 Percent Retainage. 5. M &C P -11321 - Authorize a Sole Source Purchase Agreement with Kinloch Equipment & Supply, Inc., for Repair Services and Replacement Parts for the Equipment Services Department for an Amount of $75,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Kinloch Equipment & Supply, Inc., for Repair Services and Replacement Parts for the Equipment Services Department for an Amount of $75,000.00 for the First Year. 6. M &C P -11322 - Authorize a Sole Source Purchase Agreement with Texas Underground, Inc., for Repair Services and Replacement Parts for the Equipment Services Department for an Amount of $150,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Texas Underground, Inc., for Repair Services and Replacement Parts for the Equipment Services Department for an Amount of $150,000.00 for the First Year. C. Land - Consent Items 1. M &C L -15276 - Authorize Option Agreement for the Sale of Fee - Simple Properties Owned by the City of Fort Worth Along the North Side of Lancaster Avenue Between Throckmorton Street and Monroe Street for the Appraised Value Up to $650,000.00 to the Fort Worth Local Development Corporation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 6 of 30 (VII. CONSENT AGENDA Continued) (L -15276 Continued) The City Council approved the following recommendation: Authorize an Option Agreement for the Sale of Fee -Owned Properties Located on the North Side of Lancaster Avenue Between Throckmorton Street and Monroe Street, in Compliance With Chapter XXI, Section 5 of the Fort Worth City Charter and With Local Government Code Section 272.001(b)(6) and (g) for the Appraised Value Up to $650,000.00 to the Fort Worth Local Development Corporation; and Authorize the Execution and Recording of the Appropriate Instruments Conveying the Properties to Complete the Sale if the Terms Under the Option Agreement are Satisfied. 2. M &C L -15277 - Authorize the Acquisition of Easement Interest in 0.090 Acres of Land for a Permanent Sewer Facility Easement and 0.091 Acres for a Temporary Construction Easement, Located on Twelfth Avenue, North of Rosedale and East of Forest Park Boulevard from SHG Resources, LP, in the Amount of $56,600.00, and Pay Estimated Closing Cost of $3,000.00 for a Total Cost of $59,600.00. The City Council approved the following recommendation: Approve the Acquisition of Easement Interest in 0.090 Acre of Land for a Permanent Sewer Facility Easement and 0.091 Acre for a Temporary Construction Easement on Twelfth Avenue, North of Rosedale and East of Forest Park Boulevard, Described as a Portion of Lot 2 -R, Block 2, Medical Centre Addition, From SHG Resources, LP, for the Construction of the Medical District Water and Sewer System Improvements, Part 4, for $56,600.00 and Pay Estimated Closing Cost of $3,000.00; Find That the Amount of $56,600.00 Appraised Value is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. 3. M &C L -15278 - Authorize Execution of a Lease Agreement with the Fort Worth Hispanic Chamber of Commerce for Office Space at the Northside Community Center. The City Council approved the following recommendation: Authorize Execution of a Lease Agreement With the Fort Worth Hispanic Chamber of Commerce for Designated Office Space at the Northside Community Center. E. Award of Contract - Consent Items 1. M &C C -25254 - Authorize Execution of an Engineering Services Agreement in the Amount of $61,138.00 with Kimley -Horn and Associates, Inc., for Design of the Ridglea Urban Village Streetscape Improvements Proiect. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 7 of 30 (VII. CONSENT AGENDA Continued) (C -25254 Continued) The City Council approved the following recommendation: Authorize the Execution of an Engineering Services Agreement in an Amount Not to Exceed $61,138.00 With Kimley -Horn and Associates, Inc., for the Design of the Ridglea Urban Village Streetscape Improvements Proj ect. 2. M &C C -25255 - Authorize Execution of an Engineering Services Agreement with TranSystems, Inc., in the Amount of $243,322.00 for the Preparation of Plans, Specifications and Construction Estimates for Intersection Capacity Improvements Proiects at Various Locations in the Far North and Far Northwest Sectors. The City Council approved the following recommendation: Authorize Execution of an Engineering Services Agreement With TranSystems, Inc., d/b /a TranSystems Corporation Consultants in the Amount of $243,322.00 for the Preparation of Plans, Specifications and Construction Estimates for Intersection Capacity Improvements Projects at Various Locations in the Far North and Far Northwest Sectors. 3. M &C C -25256 - Authorize Execution of a Contract with Vendigm Construction, LLC, in the Amount of $294,630.00 for Bridge Repair and Rehabilitation at Seven Locations. The City Council approved the following recommendation: Authorize Execution of a Contract With Vendigm Construction, LLC, in the Amount of $294,630.00 for Bridge Repair and Rehabilitation at South University Drive (North Bound), Over Trinity River; South University Drive (South Bound), Over Trinity River; East Seminary Drive (West Bound), Over Sycamore Creek; East Seminary Drive (East Bound), Over Sycamore Creek; Ridgmar Meadow Drive, Over Kings Branch; Conner Avenue, Over Tributary of Sycamore Creek; and LTjg Barnett Road, Over Trinity River. 4. M &C C -25257 - Authorize Individual Agreements Each in an Amount of $150,000.00 with TranSystems Inc., and Kimley -Horn & Associates, Inc., for On- Call Traffic Engineering Services on Various City Proiects. The City Council approved the following recommendation: Authorize the Execution of Individual Engineering Service Agreements With TranSystems, Inc., and Kimley -Horn & Associates, Inc., for On -Call Traffic Engineering Services. The Term of Each Agreement is One (1) Year With Two (2) One (1) Year Renewal Options. The Annual Amount of Each Contract is Up to $150,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 8 of 30 (VII. CONSENT AGENDA Continued) 5. M &C C -25258 - Authorize Amendment No. 2 in the Amount of $143,832.00 to City Secretary Contract No. 38486 with Freese and Nichols, Inc., for Additional Design Services for the Extension of Stone Road, Alsbury Boulevard Improvements and Water and Sewer Improvements Around Spinks Airport, Authorize Contingency and Proiect Management Expenses for Transportation and Public Works Department in the Amount of $238,000.00, Authorize Use of Mineral Lease Revenues and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Amendment No. 2 in the Amount of $143,832.00 to City Secretary Contract No. 38486 With Freese and Nichols, Inc., for Additional Design Services for the Extension of Stone Road, Alsbury Boulevard Improvements and Water and Sewer Improvements Around Spinks Airport, Thereby Increasing the Total Contract Amount to $1,220,997.00 and Allow Payment of $238,000.00 to Cover Contingency and Project Management for the Transportation and Public Works Department; Authorize Use of Existing Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $381,832.00 for Design and Project Management Services Associated With Expansion and Improvement of Stone Road and Alsbury Road at Fort Worth Spinks Airport; and Adopt Appropriation Ordinance No. 19959 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund, From Available Funds, for the Purpose of Funding Design and Project Management Services Associated With the Expansion. 6. M &C C -25259 - Authorize a Master Utility Adiustment Agreement Between the City of Fort Worth and North Tarrant Express Mobility Partners, Texas Department of Transportation, and Bluebonnet Contractors, LLC, for the North Tarrant Express Highway Expansion Proiect. The City Council approved the following recommendation: Authorize Execution of an Agreement With North Tarrant Express Mobility Partners, Texas Department of Transportation and Bluebonnet Contractors, LLC, for the Relocation of Approximately 714 Linear Feet of 36- Inch Water Main at the Beach Street and IH -820 Intersection, Within the General NE Loop 820 From IH -35W to Southwestern Railroad (DART or 1700 Feet East of State Highway 377) (NTE Segment 1 -TXDOT CSJ No. C- 0008 -14 -059) Project Limits, at No Cost to the City of Fort Worth. I UNNERINM < 1 End of Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 9 of 30 11 1 1. Presentation of Proclamation of Texas Motor Speedway Race Weekend Mayor Price presented the Proclamation for Texas Motor Speedway Race Weekend to Mr. Eddie Gossage, President, Texas Motor Speedway, and stated that since opening in 1997, Texas Motor Speedway had generated more than $2 billion in financial opportunity for area businesses and workers in addition to bringing the City and immediate surrounding area an extraordinary economic impact. She stated that the NASCAR Sprint Cup races at Texas Motor Speedway were the largest attended, single -day sporting events in the State of Texas annually. She pointed out that each NASCAR race weekend generated approximately $75 million in economic benefit regionally and attracted approximately 350,000 to 400,000 fans to the area. Mr. Gossage expressed appreciation to the Mayor and Council for the proclamation and encouraged everyone to attend the race weekend activities. 2. Presentation of Proclamation of Perio erative Nurse Week Council Member Scarth presented the Proclamation of Perioperative Nurse Week to Ms. Anne Mattern, Clinical Education Specialist — Perioperative Services, Texas Health Harris Methodist Hospital Fort Worth, and Ms. Krista Johnson, RN, President, AORN Fort Worth. He stated that perioperative nurses specialized in the care of patients immediately before, during and after surgical intervention. He further advised that serving in a variety of settings, perioperative nurses worked hard to provide the best care possible for surgical patients by assessing individual patient needs prior to surgery in addition to preparing the operating room and patient for surgery. He pointed out that surgical patients relied on the skills, knowledge and expertise of perioperative registered nurses, who improved surgical safety and the quality of patient care. He stated that Perioperative Nurse Week recognized the contributions perioperative registered nurses made to patient safety and the opportunities and challenges that faced the profession. Ms. Johnson expressed appreciation to the Mayor and Council for the proclamation and stated the perioperative nurses were proud to be working in the profession and serving patients in and around the City. Council Member Burns presented a Certificate of Recognition to Downtown Fort Worth Initiative, Inc, to Dr. Marie A. Holliday, Chair, Festivals and Events Committee and Ms. Joy Webster, Chairman, Board of Directors, Downtown Fort Worth Initiatives, Inc. He advised that the City congratulated the Main Street Arts Festival for being honored with the 2011 Grand Pinnacle Award by the International Festivals and Events Association's (IFEA) at their 56th Annual World Convention and Expo held in Fort Worth at the Worthington Renaissance Hotel. He stated that each year the event production team, Downtown Fort Worth Initiatives, Inc., staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 10 of 30 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #3 Continued) and volunteers joined forces with Fort Worth -based Pinkerton Design and Fort Worth -based Ad/PR firm, Concussion, and produced the Main Street Arts Festival, the largest free, four (4) day visual arts and entertainment festival in the Southwest. He pointed out that the festival competed with the world's top festivals and events to be named "best in its class" in addition to winning more than a dozen other awards for its outstanding marketing campaign, and bringing home the gold medal for the third time in four (4) years. He further stated that the Grand Pinnacle Award was a distinguished honor, which recognized the hard work put into the event by numerous people and sent a strong message to the global community that all of the partner groups with Main Street Arts Festival strived for excellence by caring for the product they put forward to their participants, attendees and supporters. Dr. Holliday expressed appreciation to the Mayor and Council for the recognition and recognized the members of Downtown Fort Worth Initiative, Inc., who attended the meeting. She encouraged everyone to attend the Parade of Lights on November 25, 2011, and the Main Street Arts Festival April 19 -22, 2012. w Council Member Jim Wilson, Place 5, Benbrook City Council, and President of Lockheed Martin Recreational Bicycle Club, stated he was representing the cycling community and expressed appreciation to the Mayor and Council for implementing the Bike Plan in Fort Worth, which was adopted in February 2010. He presented a PowerPoint presentation that was created by Planning and Development entitled "Bike! Fort Worth" detailing the changes the City made by implementing the Bike Plan. Mr. John Roberts, President, Fort Worth Bicycle Association, 3629 Ryan Avenue, appeared before Council and stated there were over 400 members in the association. He expressed appreciation to the Mayor and Council for approving and implementing the Bike Plan in Fort Worth during the tough economic times. He stated the Bike Plan made the City more livable and encouraged economic development in the City. Mayor Price recognized the bicyclists that were in attendance and advised that the City would host a 100 mile ride in June 2013 and encouraged everyone to begin training for the event. L. Upcoming and Recent Events Council Member Burns announced the kick -off event for Mayfest 2012 would be held on November 2, 2011, at 3:30 p.m., at Trinity Park and encouraged everyone to attend. He also announced the mastermind behind Chicago's famed Millennium Park would help mark the 10th CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 11 of 30 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) anniversary of Fort Worth Public Art on November 3, 2011, at 12:00 p.m., at the Fort Worth Convention Center, Room 200. He further announced that the Forest Park Towers dedication would be held on November 5, 2011, at 10:00 a.m. He also advised that the Pet Walk would be held on November 19, 2011, at Trinity Park and stated that registration began at 9:00 a.m., and the walk would start at 10:00 a.m. Council Member Jordan expressed appreciation to all of the churches in the area that hosted Halloween and Fall Festival events. He recognized Christ Church and Pastor Darius Johnson for their activities and stated over 8,000 children and adults attended their Fall Festival event. He expressed appreciation to the Police and Fire Departments and the Citizens on Patrol and stated that Police Chief Jeff Halstead commented that the call report for the Halloween holiday did not show any major crime activity. Council Member Hicks announced the West Meadowbrook Neighborhood Association would hold their Annual Humane Society Charity event on November 14, 2011, at 7:00 p.m., and stated for more information to contact 817 - 713 -3179 or the District 8 Office at 817 - 392 -8808. She also announced that City Hall would come to District 8 on November 3, 2011, for the 7th Annual District 8 Town Hall meeting at the Polytechnic Heights Neighborhood Police Center, 1100 Nashville Avenue. She advised that registration would begin at 5:30 p.m., and the program would begin at 6:00 p.m. She pointed out that Mayor Betsy Price and City Manager Tom Higgins would provide welcome remarks and that presentations would be made by various City departments. Council Member Scarth announced the East Fort Worth Business Association Dinner would be held on November 3, 2011, at 6:30 p.m., at St. Rita Catholic Church and encouraged everyone to attend the event. Mayor Price recognized members of the MBBC cycling club who attended the meeting. She also announced the Digital Town Hall meeting was a great success and pointed out a number of excellent comments were received. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 12 of 30 (XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued) New Appointments: Mr. Jake Petras, Place 5, Board of Adjustment - Commercial and Fort Worth Alliance Airport Board of Adjustment, with terms expiring on October 1, 2013. Ms. Gyna Bivens, Place 5, City Plan Commission and Capital Improvement Advisory Committee for Transporation Impact Fees, with terms expiring on October 1, 2013. Reappointments: Ms. Rubby Smith, Place 5, Building Standards Commission, with term expiring on September 30, 2013. Mr. Richard Reyero, Place 5, Golf Advisory Committee, with term expiring on October 1, 2013. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan that the following individuals be reappointed to the following boards and commissions, effective November 1, 2011, with terms expiring on the dates indicated below. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Reappointments: Michael Ward, Place 7, Building Standards Commission, with term expiring on September 30, 2013. Ms. Karen Edwards - Fisher, Place 7, Fort Worth Commission for Women, with term expiring on October 1, 2013. Motion: Council Member Hicks made a motion, seconded by Council Member Scarth that Ms. Eunice Givens be appointed to Place 8 on the Appeals Board, effective November 1, 2011, with a term expiring on September 30, 2013. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. c c 1 r 1 There were no presentations and /or communications from Boards, Commissions and /or City Council Committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 13 of 30 HEARING XIII. ZONING Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 1 It appeared that the City Council at its regular meeting on October 18, 2011, continued Zoning Docket No. ZC -11 -044. Motion: Council Member Espino made a motion, seconded by Council Member Hicks that Zoning Docket No. ZC -11 -044 be continued until the November 15, 2011, Council meeting. (Council Member Scarth left his place at the dais.) Ms. Amparo Alejandro, 1216 Clinton Avenue, appeared before Council in opposition to Zoning Docket No. ZC -11 -044, and requested this item be delayed until the next night Council meeting so more neighbors could attend the meeting after work. Mr. Robert Snoke, 3820 6th Avenue, appeared before Council in opposition to Zoning Docket No. ZC -11 -044, and stated that the residents in the area deserved to keep their neighborhood as a residential area. He stated that the residents had worked very hard through the years against commercial encroachment and requested the Council deny this item. Mr. Francisco Alejandro, 1216 Clinton Avenue, completed a speaker card in opposition to Zoning Docket No. ZC -11 -044, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Hicks that the original motion to continue Zoning Docket No. ZC -11 -044 until the November 15, 2011, Council meeting be amended to continue Zoning Docket No. ZC -11 -044 until the December 6, 2011, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 14 of 30 (ZC -11 -056 Continued) It appeared that the City Council at its regular meeting on October 18, 2011, continued Zoning Docket No. ZC -11 -056. Ms. Rachel Wiggins, 1510 Chennault Avenue, representing the Naval Air Station Joint Reserve Base ( NASJRB) appeared before Council in support of Zoning Docket No. ZC -11 -056 and stated that this zoning change would align the property with the Comprehensive Plan. She pointed out that the industrial district aided the goals of the 2008 Joint Land Use Study Report for the NASJRB by removing incompatible residential zoning from the southern Accident Potential Zone. She advised that she attended a meeting with City staff and citizens and had answered all of the citizens' questions. The following individuals appeared before Council in opposition to Zoning Docket No. ZC -11 -056 and stated that they had lived in this area since the 1950's and this zoning change was a violation of their rights. They stated that they would be required to purchase homeowners insurance because of the newly designated Accident Potential Zone and that they objected to the creation of a crash zone. They added that they had gotten used to the aircraft noise and supported the Air Force and other reserve forces and advised the majority of the residents in the area earned their living at some point on the base. They also added that they had a signed petition from area residents in opposition to this item and pointed out that this area was a low water pressure area which would cause major fire concerns if there was an accident in the industrial area. They stated that the former Carswell Air Force Base invaded the residential area and that the Accident Potential Zone should have been cleared in the 1960's. Mr. Donald Watson, 3240 Reagan Drive Mr. James McDowell, 3237 Reagan Drive Mr. G.W. McDowell, 3133 Marquita Drive Mayor Pro tem Zimmerman and Council Member Shingleton clarified that this zoning change did not change the use of this property and did not affect the residents living in their homes. They stated this change would protect the base and the residents in the future and pointed out that losing the NASJRB would be a serious detriment to the City. They added that the Accident Potential Zone had been in place for many years and every military base was required to have one. Mr. James McDowell was referred to Assistant City Manager Fernando Costa to discuss his concerns. (Council Member Scarth returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 15 of 30 (ZC -11 -056 Continued) Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that Zoning Docket No. ZC -11 -056 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 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 October 14, 2011. Mr. Chad Haynes, 4022 Keller Hicks Road, completed a speaker card in support of Zoning Docket No. ZC -11 -099, but did not wish to address the City Council. Motion: Council Member Espino made a motion, seconded by Council Member Burns that Zoning Docket No. ZC -11 -099 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 4. ZC-11-102 - Worthington National 6 ,,,, t Medium Densi Multifamily to "I" Light Industri mended for Approval as Amended) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 16 of 30 6. ZC-11-104 - W. 1. Cook Foundation,. I QQO, �& fQ20 Southland and 927 8th Avenue,, from: "D" Hi2h Densitv Multifamil3:, "E" Nei hborhood Commercial,_�FR" General Commercial Restricted, and "G" Intensive Commercial to: "G" Intensive ............................................................................................................................................ Commercial (Recommended for Approval) Motion: Council Member Bums made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC-I 1-104 be approved. The motion carried seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and Council Member Moss absent. Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks that Zoning Docket No. ZC-11-104 be reconsidered. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Bums made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC- I 1- 104 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and Council Member Moss absent. 7. ZC-11-105 - Lorin Stolz and Adair Constructiop.*.1 i�y,,,,.Ip��,.IQIIO,.IQI�4,,,.4nd 10180 Hicks Field Road; ... frqT: "K" Heavy Industrial to: "I'DIK" Planned .............................................. ............................................................ Deve ment for all uses in "K" Heavv Industrial Dlus wholesale metal recycli g- ............. site plan included. (Recommended for Approval) Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC- I 1- 105 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 8. ZC-11-106 - BDRC Hulen Place, LTD., 4000 Hulen Street; from: "PD-16" Planned Deve ....... top ... e ..... $, g�ial,tv,,,ret,ail,,#,nd,,r,esta,ur,ant,,wit,h restrictions; site plan waived to: "PD/UR" Planned Development for all uses in "UR" Urban Residential; site Dlan included. ......................... _(R�TqmWended111fq1r ... Amyrovall—as ................................. .......................... . ....... ... Amended for 8 ft. masonry fence alon residential prop _gLty). Mr. Jim Schell, 901 Fort Worth Club Building, completed a speaker card in support of Zoning Docket No. ZC-I 1-106, but did not wish to address the City Council. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that Zoning Docket No. ZC- I 1- 106 be approved as amended for 8 foot masonry fence along residential property. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 17 of 30 1 Texas Zero Lot Line/Cluster to: "CF" Communitv Facilities (Recommended for Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC -11 -107 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. �. c Ms. Gena Terrell, 5751 Kroger Drive, Suite 185, completed a speaker card in support of Zoning Docket No. ZC -11 -108, but did not wish to address the City Council. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that Zoning Docket No. ZC -11 -108 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ,..jmj. Transcontinental Realty s, Inc., 11001 Old Denton Road and 11501 North Riverside 1 1- 1 "' 1 " 1 living with dementia care; site plan approved to: "C" Medium .. ......... ......... ......... ......... ....., ........, 1 (Recommended for Approval) The following individuals completed a speaker card in support of Zoning Docket No. ZC -11 -110, but did not wish to address the City Council. Mr. Marty Rader, 310 Creekside Drive, Keller, Texas 76248 Mr. Rob Johnson, 1608 Knox Road, Keller, Texas 76262 Mr. Jared Ervin, 2712 Triangle Leaf Drive Mr. Gene McCutcheon, 1440 Carrollton Parkway, Carrollton, Texas 75010 Mr. Burl Martin, 51 Alamosa Drive, Trophy Club, Texas 76262 Motion: Council Member Espino made a motion, seconded by Council Member Hicks that Zoning Docket No. ZC -11 -110 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 12. ZC-11-111 - International Union of Operating Engineers Chapter 178, 6300 ........................................... ..... 1 Development training and a height maximum of 120 feet for training ec ui ment; site included. (Recommended for Approval) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 18 of 30 (ZC -11 -111 Continued) Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -11 -111 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC -11 -112 be approved with appreciation to staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss 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 Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19960 -11 -2011 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. V. REPORT OF THE CITY MANAGER B. General CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 19 of 30 .......... .......... ............... The recommendation was that the City Council Conduct a Public Hearing Concerning the Designation of Tax Abatement Reinvestment Zone No. 77, 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- Seven, 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 and in Accordance With Chapter 312 of the Texas Tax Code. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Robert Sturns, Economic Development Manager, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen rese a s There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Scarth that the public hearing be closed and that Mayor and Council Communication No. G -17415 be approved and Ordinance No. 19961 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. .... 1. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 20 of 30 (G -17435 Continued) The recommendation was that the City Council Schedule a Public Hearing for December 6, 2011, on the Proposed Ordinance Repealing the Moratorium on Salt Water Disposal Wells; and Amending the Code of Ordinances of the City of Fort Worth, by Amending Chapter 15, "Gas ", Article II, "Gas Drilling and Production ", Section 15 -42, to Provide for the Permitting of Salt Water Disposal Wells. Council Member Shingleton clarified that the Council was not changing their vote from what occurred at the October 25, 2011, Council meeting. He stated this item was simply requesting more public hearings to prepare for the decision in April 2012. Ms. Serena Keeler, 1405 South Henderson Street, completed a speaker card in opposition to Mayor and Council Communication No. G -17435 and stated December was a difficult month for people to come to City Hall to speak on items of concern. She pointed out that she felt like this was another way for the gas well companies to sneak something in at the citizens' expense. She expressed concerns about safety and stated that the citizens were not being heard. She stated that City Council and staff members were going to lunch with representatives from the gas well companies and finalizing deals outside of public forum. She indicated that she would like to see a different tone between the citizens and the gas well companies to promote more meaningful dialogue to address the concerns of the citizens. Mr. Jim Ashford, 6209 Riverview Circle, completed a speaker card in opposition to Mayor and Council Communication No. G -17435 and stated he was opposed to salt water disposal wells and advised that injection wells were causing earthquakes in Texas and across the United States. He stated that he provided a handout at the October 25, 2011, Council meeting regarding the details of an earthquake that occurred near San Antonio, Texas, on October 20, 2011, that was a 4.8 magnitude. He pointed out that the earthquake occurred directly below an injection well. He stated that if these earthquakes occurred in a densely populated area they would ruin homes, businesses and roads. He encouraged the Council to continue the moratorium on salt water disposal wells. Ms. Libby Willis, 2300 Primrose Avenue, completed a speaker card in opposition to Mayor and Council Communication No. G -17435 and encouraged the Council to reject this item. She also stated that there needed to be more transparency relative to how items were presented on the Council agenda. Mr. Steve Epstein, 1617 Steinburg Lane, completed a speaker card in opposition to Mayor and Council Communication No. G- 17435, but did not wish to address the Council. The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G -17435 and were recognized by Mayor Price, but were not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 21 of 30 (G -17435 Continued) Mr. Rita Vinson, 6216 Dovenshire Terrace Mr. Robert Snoke, 3826 6th Street Mr. Gary Hogan, 2117 Rolling Creek Run, completed an "undecided" speaker card relative to Mayor and Council Communication No. G -17435 and was recognized by Mayor Price, but was not present in the Council Chamber. Council Member Scarth reiterated that the item was to request more public hearings to prepare for the decision in April 2012, which in his opinion would be considered more transparent since more public outreach would be conducted. He stated that the public was getting a month's notice that the City would hold a public hearing on this item to solicit comments at the December 6, 2011, City Council meeting. Council Member Espino advised that he had been transparent in requesting a report by City staff on a possible pilot program for a salt water disposal well in north Fort Worth in the Alliance Corridor near the I -35 industrial area. He stated that the area could be an appropriate place for a salt water disposal well and the discussions should be kept open at this time since a moratorium would drive the wells outside the City limits. He pointed out that the wells could still be placed next to a Fort Worth neighborhood and the City would not have any control since they would be outside the city limits. He also advised that the truck traffic in north Fort Worth was causing the very limited roadways to deteriorate even faster. Council Member Hicks questioned why this item was on the agenda when the Council just voted last week to continue the moratorium for another six (6) months. She stated that it was unfair to indicate that Council and staff were acting on behalf of the drilling companies. She advised that she spoke with Jason Lamers, the City's Public Information Officer and he stated that the citizens would have the opportunity to look at the proposal and make comments on the City of Fort Worth's website. She also pointed out that the issue of the injection wells affected all the citizens of Fort Worth. She re- emphasized that the Council needed to adhere to what they decided last week and keep the moratorium at least until April 2012. She indicated that she would be voting against the proposal. Council Member Jordan indicated that Council voted just last week to turn down all recommendations on this issue. He pointed out that 30 days did not represent adequate public process. Motion: Council Member Jordan made a motion, seconded by Council Member Hicks that the public hearing on Mayor and Council Communication No. G -17435 be conducted in March 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 22 of 30 (G -17435 Continued) Council Member Burns advised that he would support that motion but it was important that Council not wait until March to have public hearings on this issue. He pointed out the importance of educating the citizens and allowing them to participate in the public process and that waiting until March did not give adequate opportunity for this to take place. Council Member Jordan advised that he would amend his motion to request that city staff come back to Council on December 6, 2011, with a defined public hearing process schedule with a tentative decision for final public hearing in March 2012. Council Member Scarth expressed his concern with why there would not be a public hearing on December 6, 2011, because that would get the process started earlier. He pointed out that if there would be a defined plan for public discourse on this issue then he would be in support of the motion. He reiterated that he wanted to avoid the misconception that Council was somehow trying to rush this issue through. Council Member Jordan advised that he did not have a problem with staff making a presentation on December 6, 2011, in the Pre - Council meeting about what the public process would be, similar to the redistricting plan and updates. He emphasized that this was a difficult issue and that he wanted to put the public mind at rest that a decision would not be made on this issue until March 2012. Council Member Hicks expressed that this was a very important issue and that it was essential that the public be engaged in this process. She pointed out that it was clear by the number of e -mails and phone calls received that there was much confusion among the citizens about this issue. She indicated that she supported having a discussion in the Pre - Council meeting on December 6, 2011, about the process. Council Member Espino indicated that the public process should be started as soon as possible and that the first public hearing could be held on December 6, 2011. Council Member Jordan stated that his amended motion was to deny Mayor and Council Communication No. G -17435 as stated and requested City staff to provide a detailed schedule of public hearings and the notification process on December 6, 2011, relative to the moratorium on salt water disposal wells, with a final decision on the item in March 2012. Mayor Price stated that this was intended to be the opening of the first public hearing to begin the dialogue on this issue and that the wording on the Mayor and Council Communication No. G -17435 was confusing. She added that when Council did move forward on this issue that Mr. Rick Trice, Assistant Director, Gas Well, Planning and Development Department, would be available to the neighborhood associations for information and that Council would also be available to address any concerns. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 23 of 30 (G -17435 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. G -17435 be denied and requested City staff to provide a detailed schedule of public hearings and the notification process on December 6, 2011, relative to the moratorium on salt water disposal wells, with a final decision on the item in March 2012. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Authorize the City Manager to Apply for Federal Grant Funding Under the Transportation Investment Generating Economic Recovery Discretionary Program of the American Recovery and Reinvestment Act in the Amount of Approximately $26,400,000.00 for Construction of the White Settlement Bridge Project With a Local Match in the Amount of $14,200,000.00 to be Provided by the Tarrant Regional Water District. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. G -17436 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. D. Land 1. M&C L-15279 - Conduct a Public Hearing and Authorize 1 . . . . , , , Boaz , , ..... ........ ........ ........ ......... ......... ........, ......... ........, ......... ........,..... (PUBLIC (Council Members Espino and Jordan left their places at the dais.) Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 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 Z Boaz North CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 24 of 30 (L -15279 Continued) Golf Course, at 3200 Lackland Road, Fort Worth, Texas, Located South of Calmont Avenue, East of Alta Mere Drive and North of Camp Bowie West Boulevard, 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 as Specified; and Close the Public Hearing and Authorize Approval of the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas From an Off -Site Location: A. Retort of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. Rachel Wiggins, 1510 Chennault Avenue, representing the Naval Air Station Joint Reserve Base ( NASJRB) appeared before Council and stated that the NASJRB was not opposed to or in favor of specific drilling in the City. She advised that the NASJRB requests early coordination with the NASJRB of any new rig structures in the area because any structures of great height could have an impact on their ability to use their instrument landing system. C. Council Action Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that the public hearing be closed and that Mayor and Council Communication No. L -15279 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Jordan and Moss absent. E. Planning & Zoning -2 - Approv e Timetable for Proposed Ci!y-Initi ted Annexation and ® Authorize itiati i for Approximatell 12.3 Acres of Land c to North of Team Ranch Road and West of West Loon 820 Soutl►, AX -12 -001, Monserrat Commercial , in the Far West Sector in Accordance with the 2 Comprehensive Plan. The recommendation was that the City Council Approve the Proposed Annexation Timetable in Order to Annex approximately 12.3 Acres of Land, Located North of Team Ranch Road and West of West Loop 820 South, AX -12 -001, Monserrat Commercial, in the Far West Sector, for Full Purposes in Compliance With the Requirements of Chapter 43 of the Local Government Code of the State of Texas; Direct Staff to Prepare a Service Plan That Provides for the Extension of Full Municipal Services to the Annexation Area; and Authorize the City Manager CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 25 of 30 to Initiate Certain Zoning Changes for the Annexation Area in Accordance With the 2011 Comprehensive Plan. (PZ -2961 Continued) (Council Member Jordan returned to his place at the dais.) Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. PZ -2961 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Moss absent. F. Award of Contract The recommendation was that the City Council Authorize Execution of Contract Amendment No. 13 to City Secretary Contract No. 37974 With eVerge Group of Texas, Ltd., for an Amount Not to Exceed $1,798,116.00 for Implementation Services Related to the Upgrade of the City's PeopleSoft Human Resources/Payroll System; and Authorize Execution of Contract Amendment No. 6 to City Secretary Contract No. 37970 With International Consulting Acquisition Corporation d /b /a STA Consulting, for an Amount Not to Exceed $399,168.00 for Implementation Support Services and Oversight Assistance for the Upgrade of the City's PeopleSoft Human Resources/Payroll System to the Next Software Version. (Council Member Espino returned to his place at the dais.) Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. C -25260 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. c � c 1, c ............. ........ c c c CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 26 of 30 (C -25261 Continued) The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $1,143,748.75, and Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount for the Purpose of Transferring Said Funds to the Stormwater Capital Projects Fund for Paving, Storm Drainage, Water and Sanitary Sewer Improvements Associated With Phase 2 of the Harley Avenue Realignment Project; Authorize the Transfer of the Funds From the Stormwater Utility Fund to the Stormwater Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Stormwater Capital Projects Fund, From Available Funds, for the Purpose of Funding Improvements Associated With the Project; Authorize Transfer of $248,570.50 From the Culture and Tourism Fund to the Street Improvements Fund for Paving, Striping and Fencing of a Portion of the Surface Parking System at Will Rogers Memorial Center; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Street Improvements Fund, From Available Funds, for the Purpose of Funding Paving, Striping and Fencing a Portion of the Surface Parking System at Will Rogers Memorial Center; and Authorize Execution of an Infrastructure Construction Agreement With Event Facilities Fort Worth, Inc., in the Amount of $8,550,644.80 for Improvements Associated With Phase 2 of the Harley Avenue Reconstruction Proj ect. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth that Mayor and Council Communication No. C -25261 be approved and Appropriation Ordinance Nos. 19962 -11 -2011, 19963 -11 -2011 and 19964 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. � I The recommendation was that the City Council Authorize a Five (5) Year Tax Abatement Agreement With CB &C Management, LLC, for the Property Located at 3309 Lawnwood Street in the Riverside Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25262 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 27 of 30 Oil The recommendation was that the City Council Authorize the Execution of a Tax Abatement Agreement With Alcon Laboratories Holding Corporation or an Affiliate Thereof for the Expansion and Renovation of the Existing Alcon Campus Located at 6201 South Freeway, Fort Worth, Texas; and Authorize the Waiver of Certain Related Development Fees. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan that Mayor and Council Communication No. C -25263 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 4 - Authorize Execution of a Contract with Coburn's Cateri - , -ry,icell Inc., Ito I Provide, 'ElvIlluslive I Coulcesslion, land, Alcohollic, I Beverage, I Services, I at the Will Rogers Memorial Center for a Period of Five Years. The recommendation was that the City Council Authorize Execution of a Contract With Coburn's Catering Service, Inc., to Provide Exclusive Concession and Alcoholic Beverage Services at the Will Rogers Memorial Center for a Term of Five (5) Years to Begin on February 1, 2012, and Expire on January 31, 2017, With Options to Renew for Five (5) One (1) Year Terms. Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. C -25264 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. ... ............ c , a, RmLL2ML a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 28 of 30 Beth Knight, Senior Planner, Planning and Development Department, appeared before Council and provided a staff report. (XV. PUBLIC HEARING #1 Continued) b. Citizen Comments There was no one present desiring to be heard in connection with the public hearing C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that the public hearing be closed. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. XVI. CITIZEN PRESENTATIONS Mr. Abraham Rivera, 1334 Myrtle Street, appeared before Council and presented pictures of renovations that he had made to several properties on the eastside of Fort Worth and Magnolia Street. Mr. Rivera stated that Code Compliance Officers had issued him numerous citations and that he eventually went bankrupt. He advised that the Code Compliance Department should be on a shorter leash. He pointed out that he had $15,000.00 in citations and that he had a Judge and a Prosecutor in Fort Worth tell him that he was a "slum lord ". He stated that he was an investor in Fort Worth who lost money and that the properties he invested in were still in disrepair. He advised that if the Code Compliance Department would have been less aggressive in issuing citations that area of the City would have nicer homes and more investors would have gone into that area. He requested that the City look into this because the current atmosphere discouraged any investment into the area. Council Member Hicks thanked Mr. Rivera for bringing this issue forward to the Council. She advised that on the four -plex issue, Council Member Ralph McCloud rezoned this area to single family a number of years ago and that the neighborhood was very much in favor of a single - family neighborhood. She disagreed that the Code Compliance Department discouraged development. She pointed out that she, Mayor Price, and Council Member Shingleton were at a large ground - breaking on the south side where there was a multi - million dollar development involving the building of residences. She reiterated that there was a great deal of revitalization going on in the area. She stated that the majority of the calls received were code related and that Code Compliance Officers responded to issues that were raised by individuals in the neighborhood. She referred Mr. Rivera to Mr. Brandon Bennett, Director, Code Compliance Department, and advised that she and Mr. Bennett would be happy to speak with him further about any issues that he was having with the Code Compliance Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 29 of 30 Mr. Rivera stated that he applauded the fact that there were large investments in that area but that development was small compared to allowing thousands of investors to go into the area rather than one (1) large investor. (XVI. CITIZEN PRESENTATIONS Continued) Council Member Hicks clarified that the investment and redevelopment she was referring to was not small. She advised Mr. Rivera that all investors and builders must play by the rules in any neighborhood within the City. Mr. Rivera stated that he was not alluding to the fact that the investment was small but that there could be more investors developing property in the area. Mayor Price asked Mr. Brandon Bennett, Director, Code Compliance Department, to discuss the matter further with Mr. Rivera. The following individuals appeared before Council regarding Occupy Fort Worth — Burnett Park and advised that they were speaking on behalf of Occupy Fort Worth. They stated that Occupy Fort Worth was a peaceful assembly and that they were exercising their first amendment right to assemble peacefully and protest income inequality and corporate influence over government. They advised that the protesters wanted to coexist peacefully with local authorities and wanted to establish a relationship and build a rapport between Occupy Fort Worth and the City Council. They invited all members of the City Council to experience Occupy Fort Worth and observe how they facilitate true democracy by attending their general assembly that began every night at 7:30 p.m. They pointed out that the City of Dallas had made arrangements to allow Occupy Dallas to set up tents and that the City of Fort Worth should do the same. They encouraged the City Council to build a cooperative relationship with those individuals who chose to join the causes of Occupy Fort Worth. Mr. Bryan Frederick, 8665 Las Vegas Court, #2010 Ms. Paula Smith, 2321 Treemont Mr. Joey Daniel Retana, 3400 Block of S. University Mr. Doyle C. Fine 11, 7206 Northhaven Road, Dallas, Texas 75230 Ms. Jo Jones, 6340 Lakeworth Boulevard, #136, appeared before Council and stated as a participant in the Occupy Fort Worth protest she expressed her frustration with her inability to express her 1st Amendment rights to peacefully assemble and express her grievances to the government. She pointed out that she was one of the five (5) individuals who were peacefully arrested while sleeping. She stated that Occupy Fort Worth was a 24/7 protest and that they needed the tents to protect them from the elements. She read a letter from the City Council of New York to Mayor Bloomberg in support of Occupy Wall Street's right to assemble at Liberty Plaza and pointed out that the City Council of Irvine, California voted in favor of allowing the protesters to have tents. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2011 Page 30 of 30 (XVI. CITIZEN PRESENTATIONS Continued) Ms. Hanna Tidwell, 4432 Aspen Way, Haltom City, Texas 76137, appeared before Council and spoke on behalf of the Occupy Fort Worth protesters who were arrested on October 15, 2011. She advised that it was their belief that the arrests were less effective in promoting civil democracy than in deterring good -will for present and future protesters and those who sympathized with their cause. Ms. Mary Kares, 9828 Goodnight Circle, appeared before Council and spoke in support of the Occupy Fort Worth movement and expressed that this movement gave her hope in this country for herself and her children. Mayor Price advised that Ms. Susan Alanis, Assistant City Manager, was available to discuss the Parks and Community Services Department regulations regarding park usage. Mr. William Busby, 1501 West Spurgeon Street, completed a citizen presentation card and was recognized by Mayor Price, but was not present in the Council Chamber. XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the meeting at 9:13 p.m. These minutes approved by the Fort Worth City Council on the 15`h day of November, 2011. Attest: Approved: Marty Hen 'x Betsy City Secretary Mayp