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Home My WebLink About2010/04/06-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:15 p.m. on Tuesday, April 6, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Pastor Rev Martinez, Waves of Faith Church The invocation was provided by Pastor Rey Martinez, Waves of Faith Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 23 2010 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman that the minutes of the regular meeting of March 23, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6, I Kc c Ic City Manager Fisseler requested that Mayor and Council Communication Nos. L- 14948, L -14954 and L -14955 be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 2 of 34 '• . 1 1 " '• City Manager Fisseler requested that Mayor and Council Communication No. G -16865 be continued until the May 4, 2010. VII. CONSENT AGENDA Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -16876 - Adopting Resolution No. 3871 -04 -2010 Authorizing the Increase of $26,162.50 to Increase the Maximum Amount to be Paid to the Law Firm of K &L Gates, as Outside Counsel in the Alliance Airport Runway Extension Project for an Amount Not to Exceed $126,162.50. 2. M &C G -16877 - Retaining Dwight A. Shupe and the Law Firm of Shupe, Ventura, Lindelow & Olson, PLLC, as Outside Counsel Pursuant to Chapter VI, Section 3 of the City Charter to Assist the City Attorney on Legal Issues Related to the City's Extending the Runway at Alliance Airport from 9,000 to 11,000 Feet; and Adopting Resolution No. 3872 -04 -2010 Authorizing Payment of Up to $30,000.00 for Legal Services Related to Extending the Runway and Taxiways at Alliance Airport. 3. M &C G -16878 - Adopting Ordinance 19091 -04 -2010 Increasing the Estimated Receipts and Appropriations in the Cable Communications Section of the Special Trust Fund in the Amount of $60,000.00, Subject to Receipt of the Settlement from Strategic Cable Technologies, L.P., (SCT) for Termination of the Cable Television Franchise with Same; Authorizing the City Manager to Execute a Settlement Agreement with SCT Pursuant to Which Both the City and SCT Release One Another from All Legal Claims Regarding the Sale of SCT's System to Charter Communications in Return for a Payment by SCT of $60,000.00 to the City; and Adopting Appropriation Ordinance No. 19092 -04 -2010 Repealing Ordinance No. 15760 (Ordinance Granting a Franchise to SCT for Use of Public Rights -of -Way in the City of Fort Worth for the Purpose of Constructing, Maintaining and Operating a Cable Television System); Terminating the Franchise Agreement Between the City of Fort Worth and SCT Regarding Conditions and Requirements Related to the Use of Public Rights -of -Way in the City of Fort Worth and to the Construction, Maintenance and Operation of a Cable Television System and to the Provision of Cable Services to Residents of the City of Fort Worth and to Reasonable Compensation to the City of Fort Worth for the Use of the Public Rights -of -Way; Consenting to the Sale of Such Cable System to Marcus Cable Associates, L.L.C. DB /A Charter Communications; and Providing an Effective Date. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 3 of 34 (VII. CONSENT AGENDA Continued) 4. M &C G -16879 - Approving the Request of Colonial Country Club to Temporarily Close the 3700 Block of Country Club Circle; 3700, 3800 and 3900 Blocks of Mockingbird Lane, Including Mockingbird Court; 3600 and 3700 Blocks of Cantey Street Between Highview Terrace West to the Texas Christian University (TCU) Parking Lot; and 2000 Block of Rogers Avenue from Riverfront Drive to Colonial Parkway to Accommodate the Crowne Plaza Invitational at Colonial Golf Tournament from May 24, 2010, through May 30, 2010. 5. M &C G -16880 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Two (2) Horse Drawn Carriages Upon the City Streets, Alleys and Thoroughfares; Fort Worth Stockyards Livery and Arena is Qualified and Financially Able to conduct a Horse Drawn Carriage Service Within the City; Fort Worth Stockyards Livery and Arena has Complied with the Requirements of Chapter 34 of the City Code; Fort Worth Stockyards Livery and Arena Presented Facts in Support of Compelling Demand and Necessity for Two (2) Horse Drawn Carriages; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Two (2) Horse Drawn Carriages Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19093 -04 -2010 Granting the Privilege of Operating Authority to Fort Worth Stockyards Livery and Arena for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of Its Horse Drawn Carriage Business, Which Shall Consist of the Operation of Two (2) Horse Drawn Carriages for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by Fort Worth Stockyards Livery and Arena; and Conditioned Upon Fort Worth Stockyards Livery and Arena Complying with All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended. 6. M &C G -16881 - Authorizing the City Manager to Accept Payments from the State of Texas Law Enforcement Officer Standards and Education Account in the Amount of $1,523.11; and Adopting Appropriation Ordinance No. 19094 -04 -2010 Increasing the Estimated Receipts and Appropriations in the Law Enforcement Officer Standards and Education Section of the Special Trust Fund from Available Funds for the Purpose of Funding Training Expenses in the Fire Department, Investigations Division. B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11105 - Authorizing the Rejection of All Bids for Workout Clothing for the Fire Department Due to High Prices and Authorizing Issuance of a New Request for Quotes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 4 of 34 (VII. CONSENT AGENDA Continued) 2. M &C P -11106 - Authorizing a Purchase Agreement with Striping Technology, L.P., for Traffic Marking Material and Traffic Marking Services for the Transportation and Public Works Department for an Initial Annual Amount of $450,000.00. 3. M &C P -11107 - Authorizing a Purchase Agreement with Texas Aviation Services, Inc., for the Police Department, Air Services Division, for Parts, Components and Equipment for City - Owned Helicopters with an Annual Cost Up to $300,000.00. 4. M &C P -11108 - Authorizing a Purchase Agreement with Osburn Associates, Inc., for Aluminum Sign Blanks for the Transportation and Public Works Department for an Initial Annual Amount Up to $242,264.00. 5. M &C P -11109 - Authorizing a Purchase Agreement with Woodrose Company, Inc., to Provide Repairs, Refinishing and Restriping of Wood Floors at City Owned Facilities for an Initial Annual Amount of $145,900.00. 6. M &C P -11110 - Authorizing a Purchase Agreement with Mainline Information Systems, Inc., for Mainframe Computer Hardware and Maintenance Services for a Virtual Tape Storage Solution, Using General Services Administration Contract No. GS- 35F -0216L for the Information Technology Solutions Department for an Initial Annual Amount Up to $118,200.00. 7. M &C P -11111 - Authorizing the Purchase of Five (5) New Vantage Electric Trucks for the Water Department from Shoppa's Material Handling Using Texas Multiple Award Schedules Cooperative Contract No. 9 -78505 for a Total Amount of $95,229.25. 8. M &C P -11112 - Authorizing the Purchase of One (1) New Cargo Van and Two (2) New Passenger Vans from Philpott Ford for the Transportation and Public Works, Code Compliance and Police Departments, Respectively, Using Houston- Galveston Area Council Cooperative Contract No. VE3 -06 for a Total Amount of $67,973.70. 9. M &C P -11113 - Authorizing Non - Exclusive Purchase Agreements with Multiple Vendors for the Cowtown Brush Up and Emergency Repair Programs for the Housing and Economic Development Department for an Initial Total Amount of $1,744,996.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 5 of 34 (VII. CONSENT AGENDA Continued) C. Land - Consent Items 1. M &C L -14947 - Authorizing the Direct Sale of a Tax Foreclosed Property Located at 1124 Galveston Avenue Described as Lot 13, Block 3, Moodie & Evans No. 1, to Sameer Dalal in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $9,807.53; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 3. M &C L -14949 - Authorizing the Direct Sale of a Tax Foreclosed Property Located at 3100 Martin Luther King Freeway, Described as a Portion of Lot 20, Block 3, Burchill Addition, Fort Worth, Texas, to Renaissance Square, LLC, in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $1,000.00; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 4. M &C L -14950 - Authorizing the Direct Sale of a Tax Foreclosed Property Located at 5406 Chariot Drive, Described as Lot 13, Block 24, Harlem Hills Addition, to West Vickery Boulevard Church of Christ in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $5,063.41; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 5. M &C L -14951 - Authorizing the Acquisition of 0.0971 Acre of Land for a Permanent Water Facility Easement, 0.0807 Acre for a Temporary Construction Easement and 0.091 Acre for a Permanent Sewer Facility Easement from MCSH Real Estate Investors, Ltd., Located at 750 13th Avenue Described as a Portion of Lot 2 -R -3, Block 2, Medical Centre Addition, Tarrant County, Texas in South Fort Worth in the Amount of $164,965.00 and Pay the Estimated Closing Costs of $5,000.00; Finding That the Offer is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments (DOE 4279, Project No. 00247). 6. M &C L -14952 - Authorizing the Acquisition of 0.007 Acre of Land for a Permanent Sewer Facility Easement, 0.003 Acre for a Temporary Construction Easement, 0.105 Acre for a Permanent Sewer Facility Easement, 0.069 Acre for a Temporary Construction Easement and 0.023 Acre for a Temporary Construction Easement from Medcor Associates, Ltd., L.P., Located at 800 12th Avenue Described as a Portion of Lot 2 -R -2, Block 2, Medical Centre Addition, Tarrant County, Texas in South Fort Worth and Payment of $13,650.00 for the Loss of Parking Rental Revenue During the Six (6) Month Construction Period for an Amount of $101,130.00 and Pay the Estimated Closing Costs of $5,000.00; Finding that the Offer is Just Compensation; Authorizing Payment for Parking Rental Revenue at a Rate of $2,250.00 per Month Beyond the Sixth (6) Month of Construction; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 6 of 34 (VII. CONSENT AGENDA Continued) 7. M &C L -14953 - Executing a Settlement Agreement with Ruth M. Johnson for the Acquisition of 0.22 Acre of Land Located at 1616 Rogers Avenue, Described as a Portion of Land Out of Lot 19, Block 1 of the Michael Hughes Estate, for a Permanent Water -Sewer Facility and Permanent Sanitary -Sewer Facility Easement and Pay the Estimated Closing Costs of $2,000.00; Finding that the Total Negotiated Value of $75,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 10. M &C L -14956 - Authorizing the Transfer of $500,000.00 from the Water Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19095 -04 -2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund From Available Funds, for Land Purchases Relating to the Sanitary Sewer Main M -253 Rehab Project; Approving the Acquisition of One (1) Sanitary Sewer Easement from Michael McGuffin, Located on Lot 1, Block 1, Rockin River M Addition, at 7429 Randol Mill Road in East Fort Worth for the Project, and Pay the Estimated Closing Costs of $6,000.00; Finding that the Appraised Value of $152,170.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 11. M &C L -14957 - Authorizing the Acquisition of 2.390 Acres of Land for Use as a Permanent Drainage Facility Easement from David Riddel and David Riddel as Custodian for Jonathan R. Riddel and Catherine Riddel, Located Along Old Denton Road in North Fort Worth; Find that the Offer of $461,696.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments and Pay the Estimated Closing Costs of $7,000.00. D. Planning & Zoning - Consent Items 1. M &C PZ -2875 - Adopting Ordinance No. 19096 -04 -2010 Vacating and Extinguishing a Portion of a Twelve (12) Foot Wide Alley Right -Of -Way, Located Within Block C, Wray's Subdivision of Block 18 of Field -Welch Addition, Tarrant County, Texas; Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M &C G- 15624). E. Award of Contract - Consent Items 1. M &C C -24145 - Authorizing an Agreement with Dell Marketing, L.P., for Hardware, Email Archiving and Discovery Software Licenses Utilizing the State of Texas Department of Information Resources Contract, DIR -SDD -890; and Authorizing Execution of a Professional Services Agreement with Mimosa Systems, Inc., for Services for Computing Infrastructure to Install and Manage the Email Archiving System for a Total Amount Up to $228,533.00 to Reduce Costs and Improve Responsiveness to Public Information Requests for Email. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 7 of 34 (VII. CONSENT AGENDA Continued) 2. M &C C -24146 - Authorizing the City Manager to Execute a Standard Encroachment Agreement with Texas Christian University for the Installation of Two (2) Two (2) Inch Telecommunications Conduits and Two (2) Two (2) Inch Electrical Conduits Bored Beneath the Stadium Drive and Bellaire Drive Street Rights -of -Way. 3. M &C C -24147 - Authorizing the Transfer of $10,456.00 from the Contract Street Maintenance Fund to the General Fund; and Adopting Appropriation Ordinance No. 19097 -04- 2010 Increasing the Estimated Receipts and Appropriations in the General Fund from Available Funds, for the Purpose of Funding Reconstruction and Drainage Improvements for Butterfield Stage Road from the West Side of the Fort Worth Independent School District Drive Approach to Las Vegas Trail; and Authorizing the City Manager to Execute an Interlocal Agreement with Tarrant County with City Participation for Reconstruction and Drainage Improvements. 4. M &C C -24148 - Authorizing the City Manager to Execute an Engineering Service Agreement in the Amount of $122,617.00 with Hayden Consultants, Inc., to Improve Signal Timing and Synchronization Along Hulen Street, Sycamore School Road and Altamesa Boulevard. 5. M &C C -24149 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $53,210.00 to City Secretary Contract No. 34445, an Engineering Services Agreement with Freese & Nichols, Inc., for the Design of Precinct Line Road from Hurst Boulevard (State Highway 10) to Concho Trail, Thereby Establishing a Total Contract Cost of $892,876.00. 6. M &C C -24150 - Authorizing the City Manager to Execute One (1) Storm Water Facility Maintenance Agreement with Hillwood Alliance Residential, L.P., and Heritage Homeowners' Association, Located in the J.B. Knight Survey, Abstract No. 902 and the Walter R. Converse Survey, Abstract No. 248, Located West of Ray White Road and North of Heritage Trace Parkway in North Fort Worth at No Cost to the City. 7. M &C C -24151 - Authorizing the City Manager to Execute an Engineering Agreement with Teague Nall and Perkins, Inc., in the Amount of $121,823.00, for the Design of the Scott - Sunset Drainage Improvements. 8. M &C C -24152 - Adopting Appropriation Ordinance No. 19098 -04 -2010 Increasing the Estimated Receipts and Appropriations in the Environmental Management Fund in the Amount of $46,181.50, From Available Funds for Asbestos Removal and Demolition of the Former Oak Grove Airport Terminal Buildings Located at Spinks Airport; and Executing Amendment No. 1 to City Secretary Contract No. 39544 with Bradley Garrett, d /b /a Garrett Excavation and Demolition. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 8 of 34 (VII. CONSENT AGENDA Continued) 9. M &C C -24153 - Authorizing the City Manager to Execute a Contract at a Cost Not to Exceed $95,000.00 with Gershman, Brickner and Bratton, Inc., for Professional Consultant Services Related to the Evaluation of the City of Fort Worth Solid Waste Management Program in Preparation for Program Renewal in 2013. 10. M &C C -24154 - Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $345,887.00 to City Secretary Contract No. 38491 with Conatser Construction TX, LP, for Water and Sanitary Sewer Replacements Contract 2005, WSM -I on Walton Avenue, Thereby Increasing the Contract Amount to $1,942,318.00. 11. M &C C -24155 - Authorizing the City Manager to Execute an Engineering Services Agreement in the Amount of $963,641.91 with URS Corporation for the Design of Big Fossil Creek Parallel Relief Sewer Main 402 from Broadway Avenue to the Trinity River (City Project No. 01303); Authorizing the City Manager to Execute the Big Fossil Creek Agreement with the City of North Richland Hills, City of Richland Hills and City of Haltom City for Cost Sharing Provisions of the Subject Project; and Authorizing the City Manager to Ratify and Execute the Interim Maintenance Agreement with the City of North Richland Hills for Extended Payments of Emergency Repairs. 12. M &C C -24156 - Authorizing the Transfer of $606,375.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19099 -04 -2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund from Available Funds, for Sanitary Sewer Rehabilitation Contract LIX, Part 2; and Authorizing the City Manager to Execute a Contract with SAFCO Construction, Inc., in the Amount of $566,374.62, Heirloom Drive and Kaywood Street and Adopt Appropriation Ordinance. 13. M &C C -24157 - Authorizing the City Manager to Execute a Contract in the Amount of $879,173.00 with Conatser Construction TX, LP, for Water and Sanitary Sewer Main Relocations for the SH121T Crossing West of the Hulen Street Bridge within the Union Pacific Railroad Davidson Rail Yard, Part 1, 48 Inch Water Transmission Main Relocation Near Rogers Road and Mopac Road. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S -1764 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 9 of 34 C. Land - (Withdrawn from the Consent Agenda for Individual Consideration) 2. M &C L -14948 - Authorize the Direct Sale of a Tax - Foreclosed Property Located at 2900 Quail Road, Described as Lot 11, A, Block 2, Handley Heights South Addition, to the City of Arlington, in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $2,004.19; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -14948 be continued to the April 20, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 8. M &C L -14954 - Authorize the Acceptance of a Dedication Deed from Cash America Management L.P., at No Cost to the City of Fort Worth for 0.024 Acres of Land Described as Lot 1, R1, Block 1, Tarrant Savings Plan, Fort Worth, Tarrant County, Texas, for the Right -of- Way Required for the Replacement of the West 7th Street Bridge Over the Clear Fork of the Trinity River; and Authorize the City Manager or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. 9. M &C L -14955 - Authorize the Acceptance of a Dedication Deed from Keith Law Firm, P.C., at No Cost to the City of Fort Worth for 0.0239 Acre of Land Described as Josiah McLynch Survey, Abstract No. 955, Fort Worth, Tarrant County, Texas, for the Right -of -Way Required for the Replacement of the West 7th Street Bridge; and Authorize the City Manager, or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. Mayor Moncrief and Council Member Burns expressed appreciation to Cash America, L.P. and the Keith Law Firm, P.C. for their donation of land at no cost to the City for the right -of -way they required for the West 7th Street Bridge Project to provide for sidewalks and stated it was a true demonstration of community spirit and pride. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication Nos. L -14954 and L -14955 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 10 of 34 IX. SPECIAL PRESENTATIONS, , 1. Presentation of Proclamation for ' ayt Sl After School Program Dal Mayor Pro tem Scarth presented a Proclamation for Clayton YES! After School Program Day to Mr. Bob Duke, Executive Director, Clayton YES!, Carmen Vasquez, YES! Board of Directors President, and Marian Frymire, Board Member. He stated that Clayton Child Care, Inc. (Clayton YES!) was established in April 1975 at the Lily B. Clayton Elementary School as a result of a community's desire to bring more families into their school thereby keeping the school open and added that it was designed to provide a safe, high quality before and after school program that allowed school age youth to have fun in an enriching learning environment. He further stated that over the past 35 years, Clayton YES! had steadily grown and serviced 75 schools in the Fort Worth, Birdville and Keller Independent School Districts, as well as, selected private schools throughout Tarrant County, in addition to providing 28 grant funded programs to children in need. He pointed out that Clayton YES! was governed by an active and diverse Board of Directors from the community and had a tenured staff of over 300 with over 900 years of service and professional expertise in the field of child development and were committed to developing positive relationships with children and parents. Mr. Duke, Ms. Vasquez, and Ms. Frymire all expressed appreciation to the Mayor and Council for their support and stated they were excited to continue serving the community. 1. Uncomin2 and ece t Events Council Member Moss recognized the young men of the Gentlemen's Society, from Sunrise McMillian Elementary School in the audience. Mr. Duane Washington, Director, Gentlemen's Society, introduced the Society members in the audience and stated that the Society was a mentoring program whose mission was to empower young men to become healthy, productive members of society. He added that the program was open to all young men and that it was a program that primarily targeted minority and low income neighborhoods. He advised that the Gentlemen's Society mentored and taught over 20 courses that had to be completed, and skills had to be mastered and demonstrated in the lives of those participating. Mayor Moncrief commended the young men and stated they were the future leaders of the City and congratulated them for taking steps to become productive members of the community. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 11 of 34 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Zimmerman announced that a public meeting would be held on April 7, 2010, at 6:00 p.m., at All Saints Episcopal School, located at 9700 Saints Circle, regarding the proposed wastewater treatment facility for the west side of Fort Worth. He stated that the detailed presentation would cover what the facility would look like and the criteria that was used for site selection. He added that site selection would not be debated at that time. He also announced that Medstar would host an EMS Citizens Academy on Saturdays from 9:00 a.m. to 12:00 p.m., May 1 through June 5, 2010. He stated for more information to contact 817 - 632 -0507 or visit www.medstar911.org /citizen - academy . He advised that the Grand Opening celebration for the Art Institute of Fort Worth, located in the Wilcox Plaza, 7000 Calmont Avenue, would be held on April 28, 2010, from 3:00 to 4:30 p.m. He added that Mayor Moncrief and State Representative Mark Shelton would be in attendance. He further advised that on March 30, 2010, Mayor Moncrief kicked off the first flight of the Fort Worth Air and Space Museum, hosted by the Science and History Museum. He noted the 10,000 square foot building would showcase the strong heritage of aviation in the area. He added that donations could be made at the collection office, located at 6238 Camp Bowie Boulevard and those interested in more information could contact 817 - 763 -5914. Mayor Moncrief added that Council Member Zimmerman had worked tirelessly on the project and should be commended for his efforts. Council Member Burns announced that the District 9 monthly office hours would be held on April 15, 2010, from 3:00 p.m. to 7:00 p.m., at Border's Books and Music, located 4601 West Freeway, and expressed appreciation to Council Member Burdette for allowing him to use the District 7 venue for the meeting. He also announced that the Greenbriar Neighborhood Great Outdoors event would be held on April 10, 2010, from 2:00 p.m. to 8:00 p.m. and encouraged everyone to attend. Council Member Espino announced that April 1, 2010, was Census Day and provided the history of the census. He encouraged those who had not completed the census to send in their forms and added that it would cost taxpayers $2.7 billion to follow up with citizens would had not completed the forms. Council Member Hicks expressed appreciation to Reid Rector and T.J. Patterson, Government Relations Department, and stated $3.1 million in appropriations had been received from the University of North Texas (UNT) Health Science Center. She stated a portion of those funds would be used for the James E. Guinn Campus, which housed the Fort Worth Business Assistance Center. She also announced that UNT would host a free Infant Mortality Forum, April 8 -9, 2010. She noted that more babies died each year in Tarrant County than in any other county in the nation and added those interested in more information could contact 817 - 735 -2446. Council Member Jordan announced that the Police Department and members of the Neighborhood Police Office of the South Division would host a family day of crime prevention on April 24, 2010, from 10:00 a.m. to 2:00 p.m. He added that it would be located in the new Aldi Store at the corner of Sycamore School Road and McCart Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 12 of 34 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) City Manager Fisseler announced funeral services were held for Assistant City Manager Charles Daniels' father, Howard W. Daniels on March 30, 2010, and requested the Council meeting be adjourned in his memory. 2. Recognition of Citizens Recognition of citizens had been included with the upcoming and recent events. XI. PRESENTATIONS BY THE CITY COUNCIL ir,1111 1111 1111:M 1111 r1l'IN111111 =111111Z1 Mayor Moncrief advised that a Blue Ribbon Task Force on Transportation Infrastructure had been created to study in -depth the alternative transportation funding methods identified by the 2009 City /Chamber study and to seek advice from other transportation experts as necessary. He further advised that the Task Force would evaluate the various funding choices, to include but not limited to property taxes, user fees and impact fees, for equity and adequacy as well ease of implementation and would consider the feasibility of creating a Transportation Utility. He added that the Task Force would recommend to City Council within 90 days a 5 -Year Local Transportation Funding Plan which addressed existing and future road construction and maintenance needs in Fort Worth. He advised that the following persons listed below were appointed to the Blue Ribbon Task Force on Transportation Infrastructure: Bob Herchert — Chair Van Cunningham — BNSF Jeff Davis — Citizen Carlos Flores — Citizen Susan Halsey — Jackson Walker, LLP; Greater Fort Worth Real Estate Council Russell Laughlin — Developer John Maddux — Developer Andre McEwing — Southeast Fort Worth, Inc. Lee Nicol — Developer Nina Petty — Tarrant County College Vernell Sturns - Citizen He pointed out that because of the urgent desire for alternative transportation funding methods to address the City's transportation needs; the Committee was tasked to complete its work by June 30, 2010, in order for the City Council to effectively use the Task Force's work in preparing the Fiscal Year (FY) 2011 Budget. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 13 of 34 XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards commissions and/or City Council committees. XIII. REPORT OF THE CITY MANAGER B. General A Guidelines. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16882 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ��l��ll� 1111 1:311;4113011 1-111, ................... ............................... Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Rer)ort of Citv Sta Ms. Dolores Garza, Community Development Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 14 of 34 (G -16883 Continued) c. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Moss, that the Public Hearing be closed and that the Mayor and Council Communication No. G- 16883 be continued until the April 13, 2010, Council Meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Dolores Garza, Community Development Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. c. Council Action Motion: Council Member Hicks made a motion, seconded by Mayor pro tem Scarth, that the Public Hearing be Closed and that Mayor and Council Communication No. M &C G- 16884 be continued until the April 13, 2010, Council Meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 15 of 34 5. 5- Adopt e Proposed Amendment to the Master Thoroughfa re Plan 003 to e i the Current Four () Lane Un ivided Minor Arterial i Springs Road from Avondale Haslet Road to Wagley Robertson Road to the New Alignriaent of Willow Springs Road from Avondale Haslet Road Heritage Trace Parkwal. Mr. Barry Hudson, representing Dunaway Associates, completed a speaker card in support of Mayor and Council Communication No. G- 16885, but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -16885 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. MSC G -16886 - Adopt the Proposed Sch Jule of Rates and Charges for the Will Rogers Memorial Center Parkin2 Svstem. Mr. Kirk Slaughter, Director, Public Events, Department, appeared before Council and provided a staff report. The following individuals completed a speaker card in opposition to Mayor and Council Communication No. G -16886 and spoke relative to the history of the Amon Carter Family Museum and the Foundation; acquisition of adequate handicap parking; the daily uses of the museums by individuals who could not afford to pay for parking, adequate bus parking for Fort Worth Independent School District when students go to the museums; security and safety of the parking garages and lots, namely the Harley Lot; and requested a provision for free short term parking and free parking for employees of the facilities; i.e. Community Arts Center. Ms. Ruth Carter Stevenson, 1200 Broad Avenue Mr. Morris Matson, 6512 Mesa Ridge Court Ms. Deborah Jung, representing Kids Who Care, 1300 Gendy Street Ms. Cecilia Robertson, 3261 Odessa Avenue Ms. Linda Lee, 1708 Clover Lane Ms. Debby Stein, 2417 Stadium Drive Ms. Carol Ivey, 5458 Meadowbrook Drive, completed a speaker card in opposition to Mayor and Council Communication No. G- 16886, but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 16 of 34 (G -16886 Continued) Mayor Moncrief, Mayor Pro tem Scarth and Council Members Hicks, Burns, Burdette, Espino, Jordan and Zimmerman all acknowledged the concerns of the citizens and stated that the parking garage was added to alleviate some of the parking issues in the Cultural Arts District. They discussed the need for alternative transportation to the area and stated "The T" would be an integral form of transportation. They stated the parking garage must be paid for which was the reason the proposal of parking fees had to be done. They also advised of the consideration of security cameras to be installed at all parking lots and in the parking garage. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G -16886 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Feet from Eugene McCray Park. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Stephen Lindsey, representing Quicksilver Resources, 777 West Rosedale Street, appeared before Council in support of Mayor and Council Communication No. G -16887 and provided a presentation regarding the request for the waiver. Ms. Demetrica Williams, P.O. Box 13275, Arlington, Texas 76094, appeared before Council in opposition to Mayor and Council Communication No. G -16887 and relative to her property at 3825 South Cravens. She stated that the requested lease would negatively impact her property value and stated she had concerns about the safety of the kids using Eugene McCray Park, as well as, the traffic, noise, and air /water quality associated with the lease. She advised that she had established the Talia Smith Foundation, in memory of her daughter (photograph displayed), and the plan for her property included a home for special needs children. She added that project had been put on hold due to the possible gas well pad site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 17 of 34 (G -16887 Continued) Council Member Moss advised that the site was located in a predominately industrial district and the main concern was the transportation route to the site. He stated that an agreement had been reached on the transportation route and added that there was enough protection and buffer with the sound mitigation barrier and the forest. c. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. M &C G -16887 be approved. The motion carried unanimously nine (9) ayes to zero (0)nays. Mayor Pro tem Scarth advised that he would support this item with the stipulation that an eight (8) foot brick masonry fence be constructed with wrought iron openings, to be approved by the Gas Well Drilling Office and the Fire Department. Mr. Wade Chapel, representing Finley Resources, advised they would comply with the stipulation. Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to Mayor and Council Communication No. G -16888 and relative to the health hazards associated with drilling, the environmental impacts, and the close proximity to protected uses. He also provided a photograph of a pad site near his home in which unsafe benzene and other chemicals levels were detected. c. Council Action Motion: Mayor pro tem Scarth made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. M &C G -16888 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 18 of 34 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 19 of 34 (L -14934 Continued) (Council Member Jordan left his place at the dais.) The following individuals appeared before Council in opposition to Mayor and Council Communication No. L -14934 and relative to the citizen notification process, transparency of government, and the price per acre that Chesapeake Exploration, L.L.C., would pay the City. They stated the price per acre should be higher and requested this item be denied. Mr. Robert Snoke, 3826 6th Avenue Ms. Annette Kellam, 4017 Ryan Avenue Council Member Burns stated that the City could either approve the lease and receive royalties or Chesapeake Exploration, L.L.C., would still harvest the minerals and the City would not receive any revenue. He stated that the Council had the responsibility to do what was best for the City and in light of the current and future budget situation it was a smart decision. Council Member Hicks requested that City staff continue to work with the neighbors on how to use the $90,223.19 of bonus monies in Rosemont Park. Council Members Espino and Moss explained the process of bidding on the City gas leases. They stated Chesapeake Exploration, L.L.C. was the only company that submitted a bid and added that the market dictated what the lease was worth and advised that they would support this item, as it was in the best financial interest of the City. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L- 14934 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, one (1) abstention by Council Member Jordan. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -14935 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Jordan absent. (Council Member Jordan returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 20 of 34 arm ............................. .......... N101 .................... M,11�0 M ................ 20 Years. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-14958 be approved . The motion carried unanimously nine (9) ayes to zero nays. *=arm rm, JX J-,�E� ......... 11411MUMM, "A' J'Ar" 111144,11 W, W 014 A AM ...................... V .... a ......... = ........ M Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. M&C L-14959 be approved. The motion carried unanimously nine (9) ayes to zero nays. OUR= Locations at Spinks Airport to Lands or Leases Outside of the Spinks Airport Lease for a 2.5 Percent Overriding Royally Interest. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L-14960 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) F. Award of Contract ........... Mw= Im- .... ........ tinned from ,R.Documents for the Modern Streetcar March 23, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 21 of 34 (C -24103 Continued) Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report and the revisions to the M &C. She advised that a revised M &C had been placed at the Council dais on this issue. Mayor Moncrief expressed appreciation to Ms. Burghdoff for her dedication and work on the project. Mr. Paul Paine, 1606 Mistletoe Boulevard, appeared before Council in support of Mayor and Council Communication No. C -24103 and relative to the great need for a connected streetcar system and alternative means of transportation. He stated many of the large cities in the nation with a streetcar system faced the same challenges and opposition that the City was facing. He further stated that the positive impact that streetcars have on the environment and the ability to move people from place to place was priceless. Mr. Paine had all of the individuals who were in support of this item stand and be recognized. The following individuals completed a speaker card in support of Mayor and Council Communication No. C -24103 but did not wish to address the Council: Mr. Darin Norman, 2013 Thomas Drive Ms. Paula Tillman, 1408 Montgomery Mr. Andrew Blake, 3817 West 4th Street Ms. Ann Zadeh, 3408 Harwen Terrace Ms. Carol Ivey, 5458 Meadowbrook Drive Ms. Cecilia Robertson, 3261 Odessa Avenue Mr. Marshall Tillman, 1408 Montgomery Ms. Shanna Cate, representing the Trinity River Vision Authority, 307 West 7th Street Mayor Moncrief advised that the Regional Transportation Council (RTC) would vote to allocate $2.5 million on April 8, 2010, which would be allocated for engineering services for the Tower 55 project. Council Member Hicks expressed her appreciation to the RTC for proposing the allocation of the funds and stated as a RTC board member, she was excited to vote on the Tower 55 funding on April 8, 2010. The following individuals appeared in opposition to Mayor and Council Communication No. C -24103 and relative to the cost of the study for the streetcar project and advised that trains were not economical and did not make money. They stated a master plan must be in place before going forward with the streetcar program because at this point the streetcar would not travel any significant distance. They also suggested to re- evaluate and update the previous study that was conducted in 1996, since the specifics of rail and streetcar systems had not changed in 100 years. Mr. Grover Weaver, author of a blog entitled Cowtown Politics, 1909 East Seminary Drive, No. 3304 Mr. Clyde Picht, 5016 Monarda Way CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 22 of 34 (C -24103 Continued) Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Espino, Burns, Jordan and Zimmerman stated they would support moving forward conceptually with the study and were particularly interested in the findings relative to terms of planning, priorities, and performance. They also stated that the 1996 study would not be used because of the oversight of the RTC and stated the overall transportation system needed to be considered. They agreed that rail and streetcar systems did not pay for themselves but acknowledged that positive mobility and environmental impacts occurred when the systems were in place. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C- 24103 be approved as revised. The motion carried unanimously nine (9) ayes to zero nays. One (I)Time License Fee of $3,8611.00. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24158 be approved. The motion carried unanimously nine (9) ayes to zero nays. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. M &C 24159 be approved and Appropriation Ordinance No. 19100 -04 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 23 of 34 Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-24160 be approved and Appropriation Ordinance No. 19101-04-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays .............................. ...................................................................................... Amount Not to Exceed $28 0 -'�^Qo I Continued Participation in the Re2ional Inte2rated Storm Water Management PrograiT Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-24161 be approved. The motion carried unanimously nine (9) ayes to zero nays. Motion: Council Member Burns made a motion, seconded by Council Member, Burdette that Mayor and Council Communication No. C-24162 be approved and Supplemental Appropriation Ordinance No. 19102-04-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 24 of 34 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 25 of 34 (M &C C -24165 Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard a. ReDort Ms. Avis Chaisson, Land Agent, Housing and Economic Development Department, appeared before Council and provided a staff report. Mr. Jay Chapa, Director, Housing and Economic Development Department appeared before Council and provided an overview of the plan for the Carlton Apartments. Mayor Pro tem Scarth requested clarification of the current number of units and what the reduction of the units would be. Mr. Chapa clarified there were currently 108 units and the number would be reduced to 51 units. Mayor Pro tem Scarth requested clarification of what the current number of allowed units per acre was under "C" Medium Density Multifamily zoning. Mr. Chapa clarified that 18 units per acre were allowed under "C" Medium Density Multifamily zoning. Council Member Jordan stated most District 6 residents were familiar with this blighted area and that it had been in disrepair and a repeat code violator for eight (8) to ten (10) years. He further stated that several additional sites in that area were also in disrepair. b. Citizen Presentations Mr. Jesse Aguilera, 2112 Daisy Lane, appeared before Council in support of Mayor and Council Communication No. C -24165 and relative to fostering civic support, working for the common good, and supportive of homeless housing. He stated that homeless individuals and veterans had the right to live in the City and encouraged everyone in all Council districts to seek out distressed property that could be rehabilitated and used to house the homeless community. The following individuals appeared in opposition to Mayor and Council Communication No. C -24165 and relative to the close proximity of the site to parks, schools, dance studios, and gymnasiums. They also stated the neighbors were not properly notified and that the notice which was provided to the citizens did not reflect the true scope of the project. They added that the opposition would have been much greater had all residents been informed. They pointed out that crime associated with this type of housing would increase and one Neighborhood Police Officer for that area was not enough. They also acknowledged that there had been previous discussion that this site would be used as a gas well pad site. They stated the proposed complex would decrease their property values and requested the Council deny this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 26 of 34 (M &C C -24165 Continued) Ms. Tolli Thomas, 5341 Wooten Drive Ms. Tina Bush, 3704 Wayland Drive Mr. Curtis Nichols, 4364 Wedgworth Court Ms. Laura Wallace, 6025 Wiser Avenue Ms. Mary Lou Jobes, 5813 Walraven Ms. Paulette Rook, 4332 Barcelona Drive Mr. Stephen Rook, 4332 Barcelona Drive Mr. Buddy Hartman, 4000 Walton Avenue Mr. Steve Kissell, 4521 Saldana Drive Mr. Clyde Picht, 5016 Monarda Way Ms. Cynthia Buchanan, 4254 Barcelona Drive Ms. Libby Willis, representing Fort Worth League of Neighborhoods, 2300 Primrose Mr. Wiley Branch, 3812 Kelvin Avenue Mr. Carlos Fernandez, 5658 Marbury Drive, completed a speaker card in opposition to Mayor and Council Communication No. C- 24165, but did not wish to address the Council. Council Member Jordan advised that he had received approximately 150 telephone call and emails related to this item and that ninety percent (90 %) where emphatically opposed. He further advised that the only way this project would work was if it was embraced completely by the community. He stated that in light of the heavy opposition he would not support moving forward on this project and requested that all residents of District 6 who wished to be apprised of what was going on in their district to provide their email address to district6(ea,fortworth o v.org and they would be placed on a mass email list for notification. Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Espino and Zimmerman stated they would support Council Member Jordan decision and requested that all citizens become engaged in their community all the time, not just in times when something unfavorable was amiss. They referenced the Federal Fair Housing Laws and advised that crime statistics were lower in apartment complexes dedicated to housing the homeless and that homelessness was not a choice but a result of unfortunate decisions. They requested that citizens of District 6 provide suggestions on other options for housing homeless and emphasized their commitment to the reduction of homelessness in the City. c. Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and Mayor and Council Communication No. C -24165 be denied. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 27 of 34 XIV. ZONING HEARING 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 March 15, 2010. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Burdette advised that this item was a Council initiated request to rezone 359.66 acres of various properties in order to align with the Comprehensive Plan. He further advised that this case was remanded back to the Zoning Commission for further discussion. He stated he was rescinding his support for this case and requested the Council uphold the recommendation of the Zoning Commission and deny this case without prejudice. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -09 -116 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero nays. * , ,. Detached milli 1001 Structures and One (1) 1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 28 of 34 (ZC -10 -006 Continued) The following individuals appeared before Council in support of Zoning Docket No. ZC -10 -006 and relative to the condition of the property and issues with former tenants. They requested a 60 day delay to address neighborhood concerns. Mr. Brian Aubberly, Property Manager, 4713 Kilpatrick Avenue Mr. Pat Conley, 4913 Curzon Avenue Mr. Mark Lambeth, Applicant, 208 West Terrace Court, Aledo, Texas 76008 The following individuals appeared before Council in opposition to Zoning Docket No. ZC -10 -006 and relative to numerous code violations on the property, including junk vehicles and noise and criminal activity on the property. They also stated that the multi - family dwelling caused parking issues which was already limited in a single family neighborhood. They pointed out that the neighborhood was attempting to rehabilitate and attract new residents and this property was not attracting quality residents. They presented additional letters of opposition to the Council from adjacent property owners and requested this item be denied or delayed for further discussion with the neighborhoods. Mr. W. D. Kimzey, 4821 Curzon Avenue Ms. Sherri Gilbert, 4832 Curzon Avenue Mr. Keith Gilbert, 4832 Curzon Avenue Mayor Pro tem Scarth advised that he would support this item with the stipulation that no more that six (6) units total would be allowed on the property. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC -10 -006 be approved with the stipulation that no more than six (6) units be allowed on the property. The motion carried unanimously nine (9) ayes to zero (0) nays. .........: 1 1 �. and Sales; Site Plan Waiver Recommended. (Recommended for Approval Amended Remove Auto Mr. Travis Britt, 4821 Lubbock Avenue, appeared before Council in opposition to Zoning Docket No. ZC- 10 -011A and requested "F" General Commercial zoning for this site. Council Member Espino stated he would meet with Mr. Britt to discuss options related to the request and advised he would continue the item until April 20, 2010, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 29 of 34 (ZC 10-011A Continued) Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-10-01 IA be continued until the April 20, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero nays. ............... ............... ......... j,]Affl, M�ffmq�� 1111W Office; Site Plan Included. (Recommended for Approval as Amended with an 18x24 Metal Wall Si2n, No Illumination) Mr. Dan McInnis, representing the applicant, 2435 Winton Terrace West, completed a speaker card in support of Zoning Docket No. ZC-10-01 IA, but did not wish to address the Council. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 10-0 15 be approved as amended, with an 18 x 24 foot wall sign, no illumination. The motion carried unanimously nine (9) ayes to zero nays. R!", i'111110pil vmm Am— Aw, 11 e Indoor Shooting Range; Site Plan Included. (Recommended for Approval) Mr. Blue Rannefeld, 6340 Lake Worth, No. 436, Lake Worth, Texas 76135 appeared before Council in opposition to Zoning Docket No. ZC-10-038 and advised he had filed a lawsuit relative to this request. He advised that the applicants who would be operating the proposed gun range were inexperienced and had never operated a gun range and requested Council deny this item. The following individuals appeared before Council in support of Zoning Docket No. ZC-10-038 and advised that the lawsuit in question did not pertain to this zoning request, but was a dispute between family members regarding trade secrets. Mr. James R. Laney, Applicant, 5901 Riverbend Place Mr. C.D. Peebles, 1604 Devon Court, Southlake, Texas 76092, legal counsel for the applicant Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-10-038 be continued until the May 4, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 30 of 34 Motion: Mayor Pro Tern Scarth made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -040 be continued until the April 13, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero nays. FIWITS 1 Densig Multi-Family to c One-Family. Approval) Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -041 be approved. The motion carried unanimously nine (9) ayes to zero nays. City Secretary Hendrix advised that Zoning Docket Nos. ZC -10 -042, ZC -10 -043, ZC -10 -044, ZC -10- 045, ZC -10 -046, ZC -10 -047, ZC -10 -048, ZC -10 -049, ZC -10 -050, ZC -10 -051, ZC -10 -052, ZC -10 -053, ZC -10 -054, ZC -10 -055, were surplus properties, all with recommendations for approval, and would be considered under one (1) motion. m Neighborhood Commercial (Recommended for Approval) 9. Zoning Docket No. ZC -10 -043 - City of Fort Worth Planning and Development, 1113 Debbie Street; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 10. Zoning Docket No. ZC -10 -044 - City of Fort Worth Planning and Development, 1512 Belzise Terrace; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 11. Zoning Docket No. ZC -10 -045 - City of Fort Worth Planning and Development, 1914 Kelly Street; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 12. Zoning Docket No. ZC -10 -046 - City of Fort Worth Planning and Development, 2505 Vaughn Boulevard; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 31 of 34 13. Zoning Docket No. ZC -10 -047 - City of Fort Worth Planning and Development, 2702 NW 21st Street; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 14. Zoning Docket No. ZC -10 -048 - City of Fort Worth Planning and Development, 2900 Burchill Road; from "B" Two - Family to "CF" Community Facilities. (Recommended for Approval) 15. Zoning Docket No. ZC -10 -049 - City of Fort Worth Planning and Development, 2913 Gibson Court; from "J" Medium Industrial to "A -5" One - Family. (Recommended for Approval) 16. Zoning Docket No. ZC -10 -050 - City of Fort Worth Planning and Development, 3216 Ada Avenue; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 17. Zoning Docket No. ZC -10 -051 - City of Fort Worth Planning and Development, 3427 Avenue N; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 18. Zoning Docket No. ZC -10 -052 - City of Fort Worth Planning and Development, 3729 Avenue N; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 19. Zoning Docket No. ZC -10 -053 - City of Fort Worth Planning and Development, 4366 McCart Avenue; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) 20. Zoning Docket No. ZC -10 -054 - City of Fort Worth Planning and Development, 4836 Hampshire Boulevard; from "B" Two - Family to "A -10" One - Family. (Recommended for Approval) 21. Zoning Docket No. ZC -10 -055 - City of Fort Worth Planning and Development, 2708 Donalee Street; from "B" Two - Family to "A -5" One - Family. (Recommended for Approval) Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC -10 -042, ZC -10 -043, ZC -10 -044, ZC -10 -045, ZC -10 -046, ZC- 10 -047, ZC -10 -048, ZC -10 -049, ZC -10 -050, ZC -10 -051, ZC -10 -052, ZC -10 -053, ZC- 10 -054 and ZC -10 -055 be approved. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 32 of 34 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Burdette, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19103 -04 -2010 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. CITIZEN PRESENTATIONS I I 1 I I Ms. Barbara Beerling, 8512 Crosswind Drive, appeared before Council relative to a storm damaged pole sign located on her business property on Boat Club Road. She stated the sign was damaged beyond repair which required her to seek a sign company to replace the sign. She stated the sign company was unable to obtain a sign permit for any type of sign on the property due to the sign regulations. She provided numerous photographs of the damaged sign, business signs on Boat Club Road in close proximity to her business and one sign on a fence at her business. She requested that she be allowed to replace the sign that was damaged with a new sign and that the sign regulations be waived. Mayor Moncrief referred to Ms. Beerling to Ms. Susan Alanis, Director, Planning and Development Department for resolution and requested that a report be provided to Council with the findings. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 33 of 34 (XV. CITIZEN PRESENTATIONS Continued) Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and provided photographs to Council Member Hicks. He also discussed The "T" and shopping by bus. He stated they would begin with Route 7 and would list the shopping centers along the route. He also discouraged everyone from shopping at Wal -Mart because many of their products were not made in the United States of America. He provided photographs of various code violations throughout the City and requested the City issue citations. He expressed appreciation to Code Compliance staff for fixing several of the code violations he mentioned in past presentations. He also stated that he was given a trespassing warning outside of The T, which he planned to discuss in Court. He indicated no one ever thanked him for the pointing out the code violations. Ms. Opal Lee, 417 South Jenkins Street, appeared before Council and requested their presence at the Fort Worth Negro Business and Professional Woman's Club dinner on April 10, 2010, which would honor many of the business women in the community. Mr. Jim Ashford, 6209 Riverview Circle, completed a speaker presentation card and was recognized by Mayor Moncrief but was not present in the Council Chamber. Ms. Esther McElfish, representing North Central Texas Community Alliance, 7112 Martha Lane, appeared before Council relative to the Air Quality Task Force Meeting held on March, 31, 2010. She requested the meeting be recorded by the City Cable Office and requested that the speakers use microphones so the audience could hear what they were saying. She also stated that speakers made presentations that were not listed on the agenda and requested that not occur at future meetings. She advised that Mr. Ed Ireland stated that the leaders in the gas industry would be performing their own air quality study. She stated that the City should assess a $5,000.00 fee per well bore as an environmental impact fee. She also provided a ticket to the Council to see the movie Split Estate at the Studio Movie Grill in Arlington on April 8, 2010. Mayor Moncrief stated that he was unsure of the cost to the Cable Office to record the Air Quality Task Force meetings and advised that funding may not be in the budget. He also stated that the gas industry performing their own independent study would not be a problem and could possible provide more information to the public. Mr. Robert Snoke, 3826 6th Avenue, appeared before Council and stated that the Rosemont Neighborhood was engaged in the government process and stated that Rosemont Park was owned by the citizens. He requested information relative to the timeline of when the bonus monies of $90,223.19 (Mayor and Council Communication No. L- 14934) would be received for use in Rosemont Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 6, 2010 PAGE 34 of 34 XVH. ADJOURNMENT There being no further business, the meeting was adjourned at 12:45 a.m. in memory of Mr. Howard W. Daniels, Assistant City Manager Charles Daniels' father, who passed away on March 30, 2010. These minutes approved by the Fort Worth City Council on the 13th day of April, 2010. Attest: M At Marty Hen ix City Secretary Approved: