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HomeMy WebLinkAbout2010/07/13-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 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 Absent Council Member Salvador Espino, District 2 Council Member Joel Burns, District 9 Staff Prevent Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:02 p.m. on Tuesday, July 13, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Espino and Burns absent. IL INVOCATION - Pastor Daniel DiazTree of Life Church The invocation was provided by Pastor Daniel Diaz, Tree of Life Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. Mayor Moncrief requested a moment of prayer for Firefighter Mark Puente and Police Officer Richard Lambing and their families. He advised that Firefighter Puente, who was injured in an off -duty accident and Officer Lambing, who was injured while in pursuit of a suspect, remained in critical condition at John Peter Smith Hospital. He also advised that an account had been set up for donation at the Fort Worth Credit Union, located at 2309 Montgomery, for both employees. He stated those who required more information could contact Officer Allen Speed at 817 - 944 -2725. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 2 of 42 IV. CONSIDERATION OF MINUTES OF REGULAR 22, 2 Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman that the minutes of the regular meeting of June 22, 2010, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. I , 1 [, There were no items withdrawn from the Consent Agenda. There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. A. General - Consent Items 1. M &C G -16969 - Authorizing the City Manager to Initiate a Zoning Change of 7351 and 7401 North Freeway from "CR" Low Density Multi - Family and "E" Neighborhood Commercial to "A -5" One - Family and "G" Intensive Commercial, in Accordance with the Comprehensive Plan. 2. M &C G -16970 - Authorizing the City Manager to Initiate a Zoning Change of 10300 Old Denton Road from "C" Medium Density Multi - Family to "CF" Community Facilities, in Accordance with the Comprehensive Plan. 3. M &C G -16971 - Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Three (3) Limousines Upon the City Streets, Alleys and Thoroughfares; Moore's Airport Transportation is Qualified and Financially Able to Conduct a Limousine Service Within the City; Moore's Airport Transportation has Complied with the Requirements of Chapter 34 of the City Code; Moore's Airport Transportation Presented Facts in Support of Compelling Demand and Necessity for Three (3) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Three (3) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19204 -07 -2010 Granting the Privilege of Operating Authority to Moore's Airport Transportation for the Use of the Streets, Alleys, and Public Thoroughfares of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 3 of 42 (VII. CONSENT AGENDA Continued) the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Three (3) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by Moore's Airport Transportation and Conditioned on Moore's Airport Transportation 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 -16972 - Authorizing the Temporary Road Closure of Randol Mill Road Between Cooks Lane and Lowery Road from July 14, 2010, to August 28, 2010, to Facilitate Construction of a 42 -Inch Sanitary Sewer. 5. M &C G -16973 - Adopting Supplemental Appropriation Ordinance No. 19205 -07 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $45,010.57, from Available Funds, for the Purpose of Funding Revenue Share Commitments from Sponsorship Fees to Various Stakeholders Within the City, Authorizing Payment to Active Network in an Amount of $18,510.57; and Authorizing Payment of Revenue Share to the Fort Worth Park and Recreation Sports Advisory Council, Inc., in the Amount of $26,500.00 from Revenues Generated from Sponsorship Fees from Coca -Cola Bottling Company and Commissions Paid by IntelliVend. 6. M &C G -16974 - Approving a Six (6) Month Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $33,571.20 for Police Officer Lisa Ramsey Beginning July 3, 2010, through December 31, 2010. 7. M &C G -16975 - Adopting the Capital Improvements Plan Citizen's Advisory Committee Semi - Annual Impact Fees Progress Report Concerning the Status of the Water and Wastewater Capital Improvements Plan. 8. M &C G -16976 - Authorizing Application for and Acceptance, if Awarded, of a Grant from the Criminal Justice Division of the Office of the Governor of Texas in the Amount of $79,530.00 to Operate the Diamond Hill Coalition After - School Program from September 1, 2010, to August 31, 2011; Contingent Upon Receipt of the Grant Award, Authorizing Execution of Contracts with YMCA of Metropolitan Fort Worth and Camp Fire USA First Texas Council to Conduct the Diamond Hill Connection After - School Program; Designating the Assistant City Manager for Neighborhood Services to Serve as Authorized Official for this Grant, with Authority to Apply For, Accept, Reject, Alter or Terminate the Grant; Adopting Resolution No. 3897 -07 -2010 Authorizing Application For, and Acceptance of, a Grant from the Criminal Justice Division of the Governor's Office Under the Juvenile Justice and Delinquency Prevention CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 4 of 42 (VII. CONSENT AGENDA Continued) Act for the Diamond Hill Connection After - School Program; Designating an Authorized Official; and Assuring Repayment of Grant Funds in the Event of Loss or Misuse; and Adopting Appropriation Ordinance No. 19206 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund Subject to Receipt of a Grant. 9. M &C G -16977 - Adopting Appropriation Ordinance No. 19207 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Park Gas Lease Project Fund in the Amount of $26,726.00, from Gas Well Revenues, for the Purpose of Funding the Structural Repairs of the Forest Park Towers. 10. M &C G -16978 - Authorizing the Transfer of $52,041.19 from the Grants Fund to the Special Trust Fund; and Adopting Appropriation Ordinance No. 19208 -07 -2010 Increasing the Estimated Receipts and Appropriations in Special Trust Fund in the Amount of $52,041.19, from Available Year 2009 Summer Food Service Program Excess Funds, for the Purpose of Funding Future Summer Food Program Costs. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11145 - Authorizing the Rejection of All Bids Received for Six Pocket Trousers and Shorts for the Fire Department Due to Non - Responsive Bids and Authorize Issuance of New Invitation to Bid. 2. M &C P -11146 - Authorizing the Purchase of One (1) 750 - Kilowatt Generator from Loftin Equipment Company for an Amount of $169,300.00 Using Equipment Services Funds and Homeland Security Grant Funds. 3. M &C P -11147 - Authorizing a Sole Source Purchase Agreement with HSQ Technology for Hardware, Preventative Maintenance, Training and Repair Services for the Supervisory Control and Data Acquisition System for the Water Department for an Initial Amount Up to $150,000.00. C. Land - Consent Items 1. M &C L -14994 - Authorizing the City Manager to Execute a Lease Agreement with Southtown Shopping Center for Office Space of Approximately 806 Square Feet Located at 3023 South Freeway for the Police Department for the Amount of $1.00 Annually. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 5 of 42 (VII. CONSENT AGENDA Continued) 2. M &C L -14995 - Authorizing the City Manager to Amend City Secretary Contract No. 35571, a Purchase Agreement to Sell City -Owned Property in the Evans and Rosedale Project Area, and Amendments to Mayor and Council Communications L- 14801, L -14443 and L -14687 with Cypress Equities I, LP, to Extend the Purchase Agreement an Additional 12 Months and if Necessary, an Additional Six (6) Months; and Execute an Appropriate Deed Conveying the Property to Cypress Equities I, LP, and Record the Deed if Terms of the Option Agreement as Amended are Satisfied. 3. M &C L -14996 - Authorizing the Acquisition of Right -of -Way and a Temporary Construction Easement Located at 11519 Alta Vista Road, Fort Worth, Texas, Described as Abstract No. 266, Tract 2.107, Francisco Cuella Survey, from Norma and Encarnacion Fonseca; Finding that the Price of $14,300.00 Offered for the Purchase of the Right -of -Way and $400.00 Offered for the Acquisition of the Temporary Construction Easement is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $2,000.00 for the North Beach Street Widening Project. 4. M &C L -14997 - Authorizing the Acquisition of Right -of -Way and a Temporary Construction Easement Located at 11545 Alta Vista Road, Fort Worth Texas, Described as Abstract No. 266, Tract 2.102A, Francisco Cuella Survey, from Bobbie Hampton; Finding that the Price of $33,900.00 Offered for the Purchase of the Right -of -Way and $900.00 Offered for the Acquisition of the Temporary Construction Easement is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $3,000.00 for the North Beach Street Widening Project. 5. M &C L -14998 - Authorizing the Acquisition of Right -of -Way and a Temporary Construction Easement Located at 11545 Alta Vista Road, Fort Worth Texas, Described as Abstract No. 266, Tract 2.1O1A, Francisco Cuella Survey, from Bobbie Hampton; Finding that the Price of $24,950.00 Offered for the Purchase of the Right -of -Way and $320.00 Offered for the Acquisition of the Temporary Construction Easement is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $3,000.00 for the North Beach Street Widening Project. 6. M &C L -14999 - Authorizing the Conveyance of an Easement to Southwestern Bell Telephone Company, d /b /a AT &T Telephone Company, for Communications Equipment on 0.234 Acre of City Property Located North of Bourland Drive to Shore View Drive at Lake Worth, Described as Abstract No. 1174, D.E. Norton Survey, at No Expense to the City of Fort Worth; and Authorizing the Execution and Recording of Necessary Documents to Complete the Conveyance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 6 of 42 (VII. CONSENT AGENDA Continued) 7. M &C L -15000 - Authorizing the Acquisition of Right -of -Way Corner Clips Totaling 0.016 Acre Located on Alta Vista Road, Fort Worth, Texas, Described as Block 70, Lot 1, 11649 Wild Pear Lane, from Shawna Riley; Block 64A, Lot 33, 3701 Suzie Rich Drive, from Enriquita Espree; Block 64A, Lot 10, 11965 Summerwind Drive, from Thomas and Brandy Anderson; and Block 63, Lot 11, 4800 Ambrosia Drive, from Jayme and Robert Stiller; All Properties Located in The Villages of Woodland Springs; Finding the Price of $2,900.00 Offered for the Purchase of the Right -of -Way is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $4,000.00 for the North Beach Street Widening Project. 8. M &C L -15001 - Authorizing the Acquisition of Right -of -Way and a Temporary Construction Easement Located at 11545 Alta Vista Road, Fort Worth, Texas, Described as Abstract No. 266, Tract 2J02A, Francisco Cuella Survey, from Bobbie Jo Hampton, Trustee of The Hampton Family Trust; Finding that the Price of $32,350.00 Offered for the Purchase of the Right -of -Way and $520.00 Offered for the Acquisition of the Temporary Construction Easement is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $3,000.00 for the North Beach Street Widening Project. 9. M &C L -15002 - Authorizing the Acquisition of Right -of -Way and a Temporary Construction Easement Located at 11695 Alta Vista Road, Fort Worth, Texas, Described as Abstract No. 266, Tract 2E, Francisco Cuella Survey, from Kingdom Harvest Church; Finding that the Price of $28,550.00 Offered for the Purchase of the Right -of -Way and $650.00 Offered for the Acquisition of the Temporary Construction Easement is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $3,000.00 for the North Beach Street Widening Project. 10. M &C L -15003 - Authorize the Acquisition of 0.5351 Acre of Land for a Sanitary Sewer Easement from MillerCoors, LLC, to be Used for the Construction of the Sanitary Sewer Replacement and Relocation Project L -6393, Located at 6601 South Freeway, in South Fort Worth, Described as a Portion of Lot 2R, Block 1R, Carter Industrial Park Addition, Tarrant County, Texas, in the Amount of $97,900.00 and Pay the Estimated Closing Costs of $3,000.00; Finding that the Appraised Value of $97,900.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments for DOE No. 6018, Project No. 01018. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 7 of 42 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -24300 - Adopting Supplemental Appropriation Ordinance No. 19209 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $428,285.18, and Decreasing the Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount, for the Purpose of Funding the Relocation of Underground Primary Electric Lines at the Will Rogers Memorial Center; Authorizing the City Manager to Execute a Discretionary Service Agreement with Oncor Electric Delivery Company, LLC, in the Amount of $428,285.18; and Authorizing the City Manager to Convey a Permanent Easement to Oncor Electric Delivery Company, LLC, for the Installation and Maintenance of a Primary Electric Service at the Will Rogers Memorial Center. 2. M &C C -24301 - Approving an Amendment to the Purchase and Sale Contract with 650 Vickery, L.P., to Remove the Closing Contingency Requirement to Obtain a Crossing Agreement with the Union Pacific Railroad and Allow for the Purchase of 650 Vickery Boulevard for the Extension of Lamar Street to Vickery Boulevard. 3. M &C C -24302 - Authorizing the City Manager to Execute a Contract in the Amount of $449,397.50 with CPS Civil, LLC, for 100 Calendar Days for Brick Pavement Repair 2010 -12 at Seven Locations. 4. M &C C -24303 - Authorizing the Transfer of $819,140.00 from the Contract Street Maintenance Fund to the General Fund; Adopting Appropriation Ordinance No. 19210 -07 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $819,140.00, from Available Funds, for the Purpose of Funding Bridge Repair and Repainting the East Belknap Bridge, (East and West Bound) over Burlington- Northern Santa -Fe Railroad; Rosedale Street Bridge, (East and West Bound) over University Drive, Trinity River and Union Pacific Railroad; and South University Drive Bridge (South Bound) over Clear Fork Trinity River; and Authorizing the City Manager to Execute a Contract with Gibson & Associates, Inc., in the Amount of $819,140.00, for 100 Calendar Days for the Bridge Repair and Repainting. 5. M &C C -24304 - Authorizing the Transfer of $291,590.00 from the Contract Street Maintenance Fund to the General Fund; Adopting Appropriation Ordinance No. 19211 -07 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $291,590.00, from Available Funds, for the Purpose of Funding Bridge Repair at Hulen Street Ramp Over Railroad Property; South Hulen Street Over Vickery Boulevard/Railroad; Fitzhugh Avenue Over Tributary of Village Creek; Carey Street Over Tributary of Lake Arlington; Western Center Boulevard (East Bound) Over Big Fossil Creek; Basswood Boulevard (West Bound) Over Whites Branch; Bryant Irvin Road Over Vickery Boulevard; Old Hemphill Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 8 of 42 (VII. CONSENT AGENDA Continued) Over Sycamore Creek; Arcadia Park Drive Over Whites Branch; and Hulen Street Over Tributary of Trinity River; and Authorizing the City Manager to Execute a Contract with Laughley Bridge and Construction, Inc., in the Amount of $291,590.00 for 90 Calendar Days for the Bridge Repair. 6. M &C C -24305 - Authorizing the City Manager to Execute a Contract in the Amount of $465,350.00 with Laughley Bridge and Construction, Inc., for 150 Calendar Days for Concrete Restoration 2010 -10 at Brentwood Stair Road from Oakland Boulevard to Woodhaven Boulevard, Block Limit 4200 -5299; Brentwood Stair Road from Woodhaven Boulevard to E. Loop 820 Freeway, Block Limit 5300 -6549; Bridge Street Road from Oakland Boulevard to East Loop 820, Block Limit 4200 -6779; Eastchase Parkway from John T. White Road to Anderson Boulevard, Block Limit 1000 -1199; Eastchase Parkway from Brentwood Stair Road to Meadowbrook Drive, Block Limit 1900 -2099; Meadowbrook Drive from Wilson Road to Emily Drive, Block Limit 5200 -5399; Meadowbrook Drive from Oak Hill Road to East Loop 820, Block Limit 6062 -6199; and Meadowbrook Drive from East Loop 820 to Handley Drive, Block Limit 6300 -6599. 7. M &C C -24306 - Authorizing the City Manager to Execute a Contract in the Amount of $391,735.00 with Laughley Bridge and Construction, Inc., for 140 Calendar Days for Concrete Restoration 2010 -9 at Altamesa Boulevard from Winesanker Way to Wilton Drive, Block Limit 4800 -4899; Fossil Creek Boulevard from North Freeway SR North Beach to North Beach Street, Block Limit 3300 -4499; Northeast Parkway East from Pavement Change to Atlee Parkway, Block Limit 1400 -1799; Overton Ridge Boulevard from South Hulen Street to Bryant Irvin Road, Block Limit 4800 -5999; North Riverside Drive from Sandshell Drive to Fossil Creek Boulevard, Block Limit 5400 -5799; North Riverside Drive from Staghorn Circle South to Old Denton Road, Block Limit 7600 -7799; Sandshell Drive from North Riverside Drive to North Beach Street, Block Limit 3900 -4499; Sandshell Drive from North Riverside Drive to Fossil Creek Boulevard, Block Limit 3800 -5699; and Western Center Boulevard East Bound from North Interstate 35W Freeway to North Beach Street, Block Limit 3100 -4499. 8. M &C C -24307 - Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $39,683.71 to City Secretary Contract No. 39112 with Advanced Paving Company, for Hot Mix Asphaltic Concrete Surface Overlay 2009 -11 at Deerfoot Trail, Cantrell Sansom Road to Sweetwood Drive; Havenwood Lane South, Oakmont Lane North to Dead End; and Putter Drive, Oakmont Lane North to Dead End, Thereby Increasing the Total Contract Amount to $862,466.71. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 9 of 42 (VII. CONSENT AGENDA Continued) 9. M &C C -24308 - Authorizing the City Manager to Execute an Interlocal Agreement with Tarrant County for the Rehabilitation of Avondale Haslet Road from the Railroad Tracks East of Highway 287 to 700 Feet East of Boaz Road with City Participation in the Amount of $151,000.00 for Materials and Necessary Traffic Controls During Construction. 10. M &C C -24309 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $60,052.05, to City Secretary Contract No. 33135 with Trinity Engineering Testing Corporation d/b /a Meinfelder, for Geotechnical and Construction Material Testing for Various Developer- Initiated Construction Projects Thereby Increasing the Total Contract Amount to $260,052.05. 11. M &C C -24310 - Authorizing the Execution of a Storm Water Facility Maintenance Agreement with Renaissance Square, LLC, for Property Located on Wichita Street, South of Berry Street and West of Vaughn Boulevard at No Expense to the City. 12. M &C C -24311 - Authorizing the Execution of One (1) Storm Water Facility Maintenance Agreement with Realty Capital Riverside, LTD., Located on Lot 2R -2 -2, Block A, 6641 North Riverside Drive, of the Riverside Commercial Addition, Situated North of Western Center Boulevard and East of North Riverside Drive in North Fort Worth, at No Cost to the City. 13. M &C C -24312 - Authorizing the City Manager to Execute an Agreement with Chiang, Patel & Yerby, Inc., in the Amount of $100,080.00 for the Royal Creek Open Channel Study (SWS- 018). 14. M &C C -24313 - Authorizing the City Manager to Execute a One (1) Year Agreement with Automatic One (1) Year Renewals with the City of Hurst for Mutual Aid Fire Protection. 15. M &C C -24314 - Authorizing the City Manager to Execute a Contract with Shaw Environmental and Infrastructure, Inc., in an Amount Not to Exceed $84,157.00 to Complete a Citywide Emissions Inventory and Greenhouse Gas Assessment as a Project of the American Recovery and Reinvestment Act. 16. M &C C -24315 - Authorizing the City Manager to Execute Amendment No. 3 to City Secretary Contract No. 35652 with the Texas Commission on Environmental Quality Extending the Contract Period Through August 31, 2011, and Increasing the Not to Exceed Amount from $180,000.00 to $240.000.00; Adopting Appropriation Ordinance No. 19212 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $60,000.00, Subject to Receipt of an Executed Contract Amendment with the Texas Commission on Environmental Quality, for the Operation of Three (3) Ozone Monitoring Stations Through August 31, 2011; and Applying Indirect Cost at the Rate of 21.48 Percent in Accordance with the Terms of the Interlocal Agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 10 of 42 (VII. CONSENT AGENDA Continued) 17. M &C C -24316 - Authorizing the City Manager to Execute an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality for the Period of September 1, 2010, through August 31, 2011, with a Not to Exceed Amount of $30,712.66; Adopting Appropriation Ordinance No. 19213 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $30,712.66, Subject to Receipt of an Executed Contract Amendment with the Texas Commission on Environmental Quality, for the Purpose of Funding the Operation of Local Air Pollution Particulate Emission Monitoring Sites; and Applying Indirect Cost at the Most Recently Approved Rate of 21.48 Percent for the Environmental Management Department. 18. M &C C -24317 - Authorizing the City Manager to Apply for and Accept, if Awarded, a Grant from the Texas Department of Transportation, Aviation Division, Relating to the Design and Construction of the Eastside Improvements at Spinks Airport in the Amount of $729,000.00; Authorizing the Use of Revenue Derived from Gas Well Drilling on City Owned Airports in the Amount of $81,000.00 to Provide for the City's 10 Percent Grant Match; Adopting Appropriation Ordinance No. 19214 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $81,000.00 from Available Funds, for the Purpose of Funding the City's 10 Percent Grant Match; Adopting Resolution No. 3898 -07 -2010 Certifying that $81,000.00 in Available Gas Well Revenue Funds in the Airports Gas Lease Project Fund Will be Available as a Match; Authorizing the Transfer of $81,000.00 from the Airports Gas Lease Projects Fund to the Airports Grant Fund for the City's 10 Percent Match; and Adopting Appropriation Ordinance No. 19215 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of $810,000.00, Subject to Receipt of the Grant. 19. M &C C -24318 - Authorizing the Transfer of $192,132.50 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $111,724.00 and Sewer Capital Projects Fund in the Amount of $80,408.50; Adopting Appropriation Ordinance No. 19216 -07 -2010 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund from Available Funds, for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2005 WSM -K, Part 2; and Authorizing the City Manager to Execute Change Order No. 3 in the Amount of $192,132.50 to City Secretary Contract No. 38884 with Tri -Tech Construction, Inc., for the Contract, Thereby Increasing the Contract Amount to $1,183,399.64. 20. M &C C -24319 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $72,355.00 to City Secretary Contract No. 39677, an Agreement with ADS, LLC, for Village Creek Wastewater Treatment Plant Influent Mains Temporary Flow Monitoring Thereby Increasing the Total Contract Price to $116,664.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 11 of 42 VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1776 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,. 1. Introduction of Military Advisory ittee Council Member Zimmerman advised that the formation of the Military Advisory Committee was an important decision. He stated that this ad hoc committee would work to foster strong ties between the City and the military community. He further stated that the Committee would help produce cooperative strategies, similar to the results produced by the Joint Land Use Study. He pointed out that the Naval Air Station Fort Worth Joint Reserve Base was home to Navy, Air Force, Army, Marine and Texas Air National Guards units, which translated into more than 11,000 active duty, reserve personnel and civilian employees on the base. He added that in terms of pure numbers, an estimate of the positive impact to the local economy reached into the $1.3 billion range. He advised that the Committee members would consist of him and the following individuals: Captain T.D. Smyers, Brigadier General (Ret.) William H. Lawson, Captain (Ret.) Paul Paine, and Albon O. Head, Jr. 1. UPcomin2 and ece t Events Mayor Pro tem Scarth wished a happy 23rd birthday to his son, Daniel Peyton Scarth. Council Member Hicks announced that the Fire Station 5 Groundbreaking Ceremony would be held on July 15, 2010, at 9:00 a.m. at 850 Irma Street. City Manager Fisseler announced that the Tarrant Area Food Bank Employee Food Drive would be held July 15, 2010, through August 5, 2010. He stated that employees could purchase breakfast in the City Hall west breezeway on July 15, 2010, at 8:00 a.m. and added that the MooTown Rockers would perform. He advised that the Honorary Chairman for this year was Mr. Bill Verkest, Director, Transportation and Public Works Department. 2. BgL2gnition of Citizens There were no citizens recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 12 of 42 XI. PRESENTATIONS BY THE CITY COUNCIL Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mr. Conrad Schmid be appointed to Place No. 7 on the Board of Adjustment - Residential, effective July 13, 2010, with a term expiring October 1, 2011. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Bums absent. [111 11 hi 11113,11 1,151111911,1111 ........................................................................................ R'4''M .............. 1. Fort Worth Commission for Women Ms. Ann Farley-Parker, Chairwoman, Fort Worth Commission for Women, provided a year-to-date summary of activities for the Fort Worth Commission for Women. XIII. REPORT OF THE CITY MANAGER B. General V, Aw"1911 ........................ ....................................... Road Closure of Crestline Road Between University D.rive and Trinity Park Drive from July ... 26,,,201,0,,,to., September 30, 2010, to Facilitate Water, Sewer, Pavin2 and 1 r4j"a e .................................................... I ............. I ............ Construction. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16979 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Bums absent. UmA Police Department. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16980 be approved with appreciation. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 13 of 42 INA".................................. .................... ................ Than 600 Feet from a Protected Use. (PUBLIC HEARI Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. Rer)ort of City Staff There was no report of the city staff. b. Czen Presentations There were no citizen presentations. e. Council Action Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G-16981 be continued until the July 27, 2010, Council meeting. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. 600 Feet from a Protected Use Including Dabney Park and Southridge Park. (PUBLIC Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. Rer)ort of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 14 of 42 (G -16982 Continued) b. Citizen Presentations Mr. Kevin Strawser, representing Chesapeake Operating, Inc., 100 Energy Way, appeared before Council in support of Mayor and Council Communication No. G -16982 and provided a presentation regarding the request for the waiver. Council Member Hicks requested clarification from Mr. Strawser regarding the truck route and why the trucks would not enter the pad site via Interstate 20. Mr. Strawser advised that the proposed truck route was determined by the neighbors in the area. He stated that the truck route avoided already congested areas and travelling on roads that have been newly resurfaced or reconstructed. The following individuals appeared in support of Mayor and Council Communication No. G -16982 and stated the majority of the area was in favor of drilling and looked forward to receiving royalties from the leasing of their minerals. They stated that Chesapeake Operating, Inc., had been extremely cooperative and any issues had been addressed the same day. They expressed appreciation to the Mayor and Council Members for initiating the formation of the Air Quality Study Committee and stated that public health was important to everyone. They pointed out that Chesapeake Operating, Inc., would use an electric drilling rig at the site, which would alleviate much of the noise and would also construct sound barrier walls. They advised that no compressors, well flurry or pipelines would be allowed and that a security fence and 24 -hour guard would also be provided by Chesapeake Operating, Inc. They further advised that there would be limited truck traffic and landscaping would be placed at the pad site prior to drilling. They requested the Council approve the request. Ms. Cheryl Kortyohann, 7021 Misty Meadow Drive South Ms. Sandy Runnels, 3423 Green Ridge Street Dr. Margie Peschel, 7101 Bettis Drive Mr. Dan Dalke, 4253 Arbor Gate Street Ms. Karen Hunn, 4304 Misty Meadow Drive (provided spreadsheet detailing support in Candleridge Neighborhood for the pad site) Mr. Dan Murphy, 4425 Willow Way Road Ms. Shauna Gheen, 4316 Misty Meadow Drive Mr. Gordon Dobbins, 4612 Foxfire Way Ms. Elloie Leary, 4458 Homestead Circle Ms. Martha Earngey, 6904 Wilton Drive Ms. Patti Silva, 4217 Buttonwood Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 15 of 42 (G -16982 Continued) There were no citizen presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 16 of 42 (G -16983 Continued) c. Council Action CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 17 of 42 (P -11148 Continued) Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P -11148 be approved and Appropriation Ordinance No. 19217 -07 -2010 and Resolution No. 3899 -07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. ... 1 Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P -11149 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. 3. MSC P -11150 - Authorize Purchase of Fire Stwinkler Modifications at the Joint Emergency Terations Center from Firetrol r tech Systems, Inc., Using a Texas Multiple A ar Schedule Coot)erative Contract for an Amount Uti to $146,650.00. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P -11150 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. D. Land 1 ........... ............. ............................... tam 11111 11101111 oil 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. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L -15004 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 18 of 42 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 19 of 42 6 1 Drive; Southcreek Park Located at 67461"%A/estcreek Date. Negotiate the Project at a Future 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. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L -15009 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. ., .................. ........ ... 1111111111111111111111 4057 Meadowbrook Drive with XTO Ener2v Inc., in the Amount of 581,499.00,for_a Two 2) Year Primary Term. Mayor Pro tem Scarth advised that 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 Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L -15010 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Mayor Pro tem Scarth. c (2) Year Primary Term. 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. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L -15011 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 20 of 42 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 21 of 42 (L -15014 Continued) b. Citizen Presentations There were no citizen presentations. c. Council Action Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L -15014 be continued until the July 20, 2010, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. E. Plannin2 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. Mr. George B. Montague, 801 7th Avenue, completed a speaker card in support of Mayor and Council Communication No. PZ -2893, but did not wish to address the Council. Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. PZ -2893 be approved and Ordinance No. 19218- 07 -2010 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. 1111 111111111111 Jorri of Fort Worth, Tarrant Countv, Texas; and Containin2 Approximatetv 1,000 Square Feet Land More or Less; and Waive Anv and All Purchase Fee Value of the Vacated Land il'i Accordance CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 22 of 42 (PZ -2894 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 23 of 42 (PZ-2896 Continued) The following individuals completed a speaker card in support of Mayor and Council Communication No. PZ-2896, but did not wish to address the Council. Mr. James Jordan, 1321 Avondale-Haslet Road, Haslet, Texas, 76052 Ms. Dee Hardin, 1380 Boaz Road, Haslet, Texas, 76052 — Did not wish to speak Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication Nos. PZ-2895, PZ-2896 and PZ-2897 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. 6. MSC PZ-2898 - Adopt a Resolution Amending the City of Fort Worth's Annexation Plan to Add an Armroxim ate lv 80-Acre Tract of Land, or 0.125 Sguare Miles Covering the Hillsborough, Lee Ray's Place, and Wilshire Vallej Sub ivisions Located East of Alta Vista Road and North of Wall Price Keller Road, to the Plan. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. PZ-2898 be approved and Resolution No. 3900- 07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Bums absent. F. Award of Contract Fork of the Trinily River in the Vicinity of South Hulen Street and Stonegate Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 24 of 42 (C-24320 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24320 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Bums absent. SIM I jali M Operate a Natural Gas Road for a One (1) Time License Fee of $7,222.00. Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-24321 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Bums absent. .......................................... License Fee of $12,926.00. 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. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24322 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. One (1) Time License Fee of $1,564.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24323 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Bums absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 25 of 42 MEM Fresh Water. "Acros's'' Ma'rtin Lvdon Avenue at Frazier Avenue for a Time License Fee of $2,760.00. 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. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24324 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. 6. MSC C -24325 - Authorize the City Manager to Execute a Public Right -of Way Use Agreement with Chesapeake Operating, Inc., Granting a License to str ct and erate a Salt Water Pipeline Across Ohio Garden Road West of Jacksboro Highway, for a One (1) Time License Fee of $2,392.00. 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. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24325 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. Fresh Water Pipeline Across Seminary Drive, Time License Fee of S5,980.00. 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. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24326 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino and Burns absent and one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 26 of 42 Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24327 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Internet-Based Phone, in Person and by Departments. Council Members Jordan, Hicks and Zimmerman disclosed normal banking relationships with Chase and stated they were advised there was no conflict of interest and therefore would not abstain from voting on this item. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24328 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Intersection of Golden Triangle Boulevard and Interstate 35-W. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24329 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 27 of 42 (C -24330 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24330 be approved and Appropriation Ordinance Nos. 19220 -07 -2010 and 19221 -07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24331 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. I Secre ion in the er Granted Under the Amement from 100 ........., ..,......... ............. �1 raw 1 Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24332 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. e—c -r e- ia -r� .... C' m4ract No. 23830; Authorize a Reduction in the Percentage of Tax Abatement Granted Under the Amement from 75 Percent to 73.6 Percent for the 2010 Tax Year; and Direct the City Manager to Notify Tarrant Appraisal District CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 28 of 42 (C -24333 Continued) Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24333 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24334 be approved and Appropriation Ordinance No. 19222 -07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24335 be approved and Appropriation Ordinance No. 19223 -07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Surface Overlal 2010-5 at Various Locations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 29 of 42 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 30 of 42 22. M&C C-24341 - Authorize t o City Manager to xec to a Contract in an Amount t $2,000,000.00 with William J. Schultz, Inc., d/b /a Circle "C" Construction Company for Sewer Main Extensions, Replacements and Relocations Contract 2010A at Various Locations throughout the City of Fort Worth. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24341 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24342 be approved and Appropriation Ordinance No. 19225 -07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24343 be approved and Appropriation Ordinance No. 19226 -07 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. 25. M &C C -24344 - Conduct a Public Hearing to Allow Citizen Input Regarding the Proposal to Amend the City's Neighborhood Stabilization Program Plan and the City's 2008 -2009 Action Plan, and the Intent to Change the Use of $1,360,255.00 of Neighborhood Stabilization Program Funds; Authorize a Substantial Amendment to the City's 2008 -2009 Action Plan and Neighborhood Stabilization Program Plan; Authorize a Change in Use and Expenditure of $1,360,255.00 in Neighborhood Stabilization Program Funds to Tarrant County Housing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 31 of 42 (C -24344 Continued) Partnership in the Form of a Subordinate Forgivable Loan for the Acquisition of the Beaty Street Apartments Located in the 5500 Block of Beaty Street in Fort Worth, Texas; Authorize the City Manager or His Designee to Execute a Conditional Commitment with the Tarrant County Housing Partnership for a Forgivable Loan that Conditions Loan Funding Among Other Things, on Satisfactory Compliance with the Neighborhood Stabilization Program Requirements; Authorize the City Manager, or His Designee, to Execute a Contract with the Tarrant County Housing Partnership for the Proiect for a One (1) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if the Tarrant County Housing Partnership Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Proiect Goals Provided that the Amendment is within the Scope of the Proiect and in Compliance with City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. (PUBLIC HEARING) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Ryan Haden, Development Project 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 Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. C -24344 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. XIV. ZONING HEARING 1 Criminal Justice Fort Worth District Parole Office. (Recommended for Approval) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 32 of 42 (SP -10 -003 Continued) Motion: Mayor Pro Tern Scarth made a motion, seconded by Council Member Hicks, that Zoning Docket No. SP -10 -003 be continued until the August 10, 2010, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns 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 June 28, 2010. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 2. Zoning Do c et - 72A - ity of Fort Worth,, 2116 E. Lancaster Avenue from "J" Medium Industrial to "I" Light Industrial. (Recommended for Approval) Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC- 10 -072A be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. �I 1 1 Denial) Restricted; Site Plan Recluired. (Recommended for „ Mr. William Hall, 2308 Medford Court West, completed a speaker card in opposition to Zoning Docket No. ZC -10 -078, but did not wish to address the Council. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -078 be denied. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 33 of 42 (ZC -10 -091 Continued) There being no one present desiring to heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Council Member Zimmerman, that the Zoning Hearing be closed, and Zoning Docket No. ZC -10 -091 be approved, and the following ordinance be adopted: ORDINANCE NO. 19227 -07 -2010 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND; ARTICLE 4 "SIGNS" OF CHAPTER 6, "DEVELOPMENT STANDARDS ", SECTION 6.4036 "SIGNS NOT REQUIRING A PERMIT" TO REVISE WHERE TEMPORARY SIGNS ARE ALLOWED; SECTION 6.408, "REGULATIONS GOVERNING ON- PREMISE ATTACHED SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS ", TO PROVIDE REGULATIONS FOR WINDOW SIGNS; CHAPTER 9 "DEFINITIONS" REVISE THE DEFINITION OF "SIGN', "TEMPORARY SIGN', WINDOW SIGN' AND PROVIDE DEFINITION FOR "WINDOW AREA ". The motion carried six (6) ayes to one (1) nay, with Council Member Burdette casting the dissenting vote and Council Members Espino and Burns absent. N c c Mr. Donald Jones, 10521 Bear Creek Trail, completed a speaker card in support of Zoning Docket No. ZC -10 -093, but did not wish to address the Council. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC -10 -093 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. L 1 1 "E" Nei2hborhood Commercial. (Recommended for Approval Mr. Jake Barron, 1120 North Industrial Boulevard, Euless, Texas, 76053, completed a speaker card in support of Zoning Docket No. ZC -10 -096, but did not wish to address the Council. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC -10 -096 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 34 of 42 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 35 of 42 City Secretary Hendrix advised that Zoning Docket Nos. ZC-10-100, ZC-10-101 and ZC-10-102 were City initiated zoning cases and stated they would be considered under one (1) motion. Council Member Burdette provided background information on these zoning cases and explained his reason for continuing these cases. ulwyrmmq �� Llxjffmgm M, 4--,'''',-,'', '1 Block of Pershm2 Avenue from "B" Two-Family to "A-5" One-Famfly. _(Recommended for Mr. David Claire, 4809 El Campo Avenue, completed a speaker card in opposition to Zoning Docket No. ZC- 10- 100, but did not wish to address the Council. ................. ................ ..... . . . . . nw� Mr. David Claire, 4809 El Campo Avenue, completed a speaker card in opposition to Zoning Docket No. ZC- 10- 10 1, but did not wish to address the Council. .................................. Mr. David Claire, 4809 El Campo Avenue, completed a speaker card in opposition to Zoning Docket No. ZC- 10- 102, but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Zoning Docket Nos. ZC-10-100, ZC-10-101 and ZC-10-102 be continued until the October 12, 2010, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. .........................................I Drive from, Ng�gj�borhood Commercial to -7)[Y, PPWs WY, �MP107filulitvt . ft�qm mended for Ap rovall Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 10- 103 be continued until the July 27, 2010, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 36 of 42 . 1 , ffl RUN uf c "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Mr. J.D. Jimmerson, HI, 3302 Roosevelt Avenue, completed a speaker card in support of Zoning Docket No. ZC -10 -104, but did not wish to address the Council. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC -10 -104 be continued until the July 20, 2010, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC -10 -105 be approved with appreciation to the Planning and Development Staff. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. IWALKI� Mixed Use. (Recommended for Approval) Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -107 be continued until the July 27, 2010, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns 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 Zimmerman made a motion, seconded by Council Member Hicks, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 37 of 42 ORDINANCE NO. 19228 -07 -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. XV. CITIZEN PRESENTATIONS 1 I I Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council regarding the notification of bus route changes. He displayed two (2) notices regarding the same bus routes from January 24, 2010, and June 7, 2010, and expressed his dissatisfaction with The T and how the bus routes were determined. He also stated that supervisors from The T were harassing the senior bus drivers and it needed to be stopped. He advised that the Council "house rules" needed to be changed because citizens were not allowed to state the name of an employee or Council Member that had done something wrong, but when an employee had done something right, then the Council wanted to know the name of the individual. He stated this was unfair and requested the Council change the rules. 2. Ms. Laura Reeves, 6115 Port Rush Drive - Proposed Westridge Gas Site Ms. Laura Reeves, 6115 Port Rush Drive, completed a citizen presentation card and was recognized by Mayor Moncrief, but was not present in the Council Chamber. Other Citizen Presentations: Ms. Tamara Nishida, 4916 Winthrop Avenue West, appeared before Council and stated that her property bordered the Westridge pad site and advised that she was concerned about the impact that drilling could have on housing foundations. She also referenced the documentary entitled, "Gas Land" and stated the adverse effects of drilling were unacceptable and requested the Council halt drilling until a study could be completed. She also requested that signage be placed by either the City or Chesapeake Operating, Inc., on the property advising residents of the potential future drilling that could occur. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 38 of 42 (Other Citizen Presentations Continued) Mayor Moncrief stated that City staff would request Chesapeake Operating, Inc., place a sign on the property. Mr. Fernando Florez, 2740 Hemphill Street, requested that the Council halt all drilling until a complete air quality study had been performed. He stated that public health was the most important issue and the adverse effects of drilling were not fully understood. He referenced a meeting held by the Environmental Protection Agency and a study that they would be performing in the City and advised that no waivers should be approved until the results of the study had been released. The following individuals appeared before Council regarding the City's Diversity Task Force. They referenced the incident that occurred in June 2009 at the Rainbow Lounge and stated that the Police Officers involved were not at fault. They stated that the Diversity Task Force was catering to a particular group of people which was not right. They also stated that extending healthcare to homosexual individuals and their partners would increase taxes and spending, which taxpayers could not afford. They quoted passages from the Bible and stated that this issue of morality was not something the City should be involved in. They expressed appreciation to Police Chief Halstead and the Police Department for serving the community to the best of their ability. The also stated that the faith -based community was not involved on the Diversity Task Force and added that it was heavily weighted with individuals on one side of the issue. Mr. Robert Hayes, 14355 Morris Dido, Newark, Texas, 76071 Rev. Perfeto Esquibel, Christian Worship Center of Fort Worth, 9625 Lakeway Circle Mr. John Carlson, P.O. Box 185100 Mr. Richard Clough, 7729 Incline Terrace Mr. Scott Graham, 5579 Rocky Mountain Road The following individuals appeared before Council in support of the Diversity Task Force. They stated that as a result of the Rainbow Lounge incident, the City had become a more livable City. They expressed appreciation to Police Chief Halstead and the Police Department for serving the community and for making diversity and tolerance in the workplace a priority. They referenced Diversity Training and stated that it taught City staff how to handle situations inside and outside of the workplace. They stated that this was not about preferences or morality; it was about equal rights for all citizens of Fort Worth. Rev. Carol West, 908 Pennsylvania Avenue Mr. Thomas Anable, 4200 South Hulen #603 Mr. Steve Dutton, 500 Throckmorton #2410 Ms. Lisa Thomas, 2214 Fairmount Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 39 of 42 (Other Citizen Presentations Continued) Ms. Janice Smith, 5412 Trail Lake Drive, completed a citizen presentation card regarding the Diversity Task Force and was recognized by Mayor Moncrief but was not present in the Council Chamber. Mayor Moncrief stated that he was very pleased to hear citizens expressing appreciation to Police Chief Halstead and the Police Department. He pointed out that the City of Fort Worth was a city of inclusion not exclusion. He stated that the City's diversity was a strength and it was what set Fort Worth apart from many cities across the nation. He added that respect and understanding were extremely important as everyone continued to work through these new processes. He stated the training was in place so the employees understood how to handle new or potential challenging situations. He also advised that the City Manager appointed the Diversity Task Force and he expressed appreciation to the members for their hard work. Mayor Moncrief recessed the meeting at 9:54 p.m. Mayor Moncrief reconvened the meeting at 10:03 p.m. Mr. Clyde Ridge, 5000 Diamond Springs Court, appeared before Council regarding the Will Rogers Memorial Coliseum (WRMC) Parking Garage. He stated that the $5.00 fee for parking was too high and that citizens should be able to park for free. He added that he did not feel that a fee of $5.00 would help to close a budget gap of $77M. He also stated that attendance at the events being held at WRMC was down due to the parking situation and the lack of free parking. Mayor Moncrief stated that the parking garage was constructed in response to the lack of parking that area. He stated the $5.00 fee for parking was less than what was charged in other cities. He also advised that the parking garage must be paid for and charging a fee was one way to start that process. The following individuals (General City Employees) appeared before Council regarding the budget, potential lay -offs, and employee benefits. They stated that the changes to the employees' retirement was unacceptable and advised that the Council should be concerned about Fort Worth and not compare everything to the City of Dallas. They offered the items below as ways to close the budget gap without a reduction in force: • Suspend, eliminate, redistribute funds, or put on hold all projects that would not generate immediate returns (Trinity River Vision, Phase II ERP, On Site Clinic etc.) • Stop all charitable donations to non - profit organizations until the City was solvent. • Eliminate car allowances; take home vehicles and mileage reimbursement for all employees and disallow salary increases to compensate for these benefits. • Sell or auction vacant city property inventory, city lots, commercial buildings, etc. • Use City -owned buildings to house departments rather than leasing from an outside source. • Limit the amount of overtime any employee may receive, including Fire and Police Departments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 40 of 42 (Other Citizen Presentations Continued) • Quickly eliminate contractors that breach their contract terms. • Use employees for services currently outsourced. • Reallocate the oil and gas funds to accommodate the budget short fall. • Use a portion of the reserve fund to reduce the deficit, and re- evaluate the percent put into the reserve account. • Enforce fiscal responsibility and accountability on all levels, including management and government officials. Mr. Harry "Bill" Lundvall, 1825 Fairmount Avenue, member of Office and Professional Employees International Union (OPEIU), Local 277 of the American Federation of Labor and Congress of Industrial Organizations (AFL -CIO) Ms. Kimberly Pool, 400 Kelley Court Mr. Vincent Chasteen, 10813 Devontree Drive Mr. Peter Talleos, 2225 North Carrier Parkway, Grand Prairie, Texas, 75050 Mr. Jack Thompson, Lakeway Circle Ms. Sarah Ireland, 2229 Williams Place Mr. Matthew Graf, 312 North Main Street, Gordon, Texas, 76453 Mr. Daryl Phillips, 241 Allen Street, Weatherford, Texas, 76086 Mr. Ricky Brisco, 2800 Willow Park, Richland Hills, Texas, 76118 The following individuals completed citizen presentation cards regarding the budget, potential lay -offs, and employee benefits and were recognized by Mayor Moncrief, but were not present in the Council Chamber. Mr. Gary Taylor, 1500 Eagle Drive Mr. John Gorman, 1000 Throckmorton Street Mr. Steve Barham, 7433 Gairlock Drive Mr. Esker Smith, 233 Yucca View, Weatherford, Texas, 76085 The following individuals completed citizen presentation cards regarding the budget, potential lay -offs, and employee benefits, but did not wish to address the Council. Ms. Marsha Anderson, 770 Deauville Circle West Mr. Jorge Villalobos, 6428 Woodstream Trail Ms. Barbara Wilson, 918 East 4th Street Mr. Rick Brents, 6212 Wrigley Way Ms. Leslie Smith, 816 Mexicali Way Ms. Brandy Crane, 3905 Shannon Court Mr. Angel Garcia, 2737 Canton Drive Ms. Tarik McIntyre, 4044 Fox Trot Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 41 of 42 (Other Citizen Presentations Continued) Mayor Moncrief expressed his appreciation to the City employees for attending the meeting to express their opinions. He stated that the Council was only worried about the City of Fort Worth and were not comparing anything to the City of Dallas. He stated that the Council had the best interest of the City and staff in mind when making decisions. He advised that the Council was taking their suggestions very seriously and had already implemented some of the ideas. He also stated that the City was a great place to work and that employees enjoyed working here for many years if not their entire careers. He pointed out that this budget gap was the most serious he had ever witnessed and that changes had to be made in order to put the City in a positive financial light. He encouraged everyone to continue submitting their ideas and working together through this challenging time. Council Member Hicks and Jordan also expressed appreciation to the City employees for attending the meeting and stated they understood their concerns. Mayor Moncrief recessed the meeting at 11:20 p.m. Mayor Moncrief reconvened the meeting at 11:22 p.m. The following citizens appeared before Council in opposition to the Mary's Creek site as a possible location for the Mary's Creek Basin Water Recycling Center for wastewater treatment/water recycling facility. They requested that Mary's Creek location be removed from the list of potential sites for a future wastewater treatment/water recycling facility and stated that the proposed facility would decrease their property values and ruin valuable ecosystems. They further stated that the close proximity of the proposed facility to residences would cause hazardous health conditions and quality of life issues due to air and water quality and noise. They also stated that the gas well pad site on Bryant Irvin Road in the Ridglea area would look like an industrial area in the middle of all of the residences. They also mentioned a letter sent to Mayor Moncrief by the Mayor of the City of Benbrook and stated they were awaiting a response. Ms. Cindi Creswell, 3663 Brookland Avenue Mr. Don Sabo, 3816 Carman Drive, Benbrook, Texas, 76116 Ms. Beverly Branham, 6487 Woodstock Road The following individuals completed citizen presentation cards in opposition to the Mary's Creek site as a possible location for the Mary's Creek Basin Water Recycling Center for wastewater treatment/water recycling facility and were recognized by Mayor Moncrief, but were not present in the Council Chamber. Ms. Judy Williams, 9815 Shady Lane Ms. Rhonda Greif, 3904 Palomino Drive Mr. Donald Cureton, 10129 Chapel Glen Terrace Ms. Rita Cluck, 3840 Carman Drive, Benbrook, Texas, 76116 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 13, 2010 PAGE 42 of 42 (Other Citizen Presentations Continued) Mayor Moncrief and Council Member Zimmerman advised that the issue was in the planning stage would not be considered until 2011. Thev further advised that they were still considering many issues and would continue to work with the citizens in the areas in and around the proposed sites. XVI. EXECUTIVE SESSION XVH. ADJOURNMENT There being no further business, the meeting was adjourned at 11:35 p.m. in memory of Mr. John Edward Moss, brother of Council Member Moss, who passed away on July 5, 2010, and who was an urban pioneer and a life long resident of the Stop Six area; Ms. Clovis "Clo" Genovese, who passed away on July 12, 2010, and was a longtime City volunteer and supporter; and in prayer for Firefighter Mark Puente and Police Officer Richard Lambing and their families. These minutes approved by the Fort Worth City Council on the 20th day of July, 2010. Attest: Approved: Y Marty He 'x M cha 1 J. oncri City Secretary Mayo