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HomeMy WebLinkAbout2012/04/03-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Present: Mayor Betsy Price Mayor Pro tern W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Absent: Council Member Frank Moss, District 5 Council Member Joel Burns, District 9 Staff Present: Torn Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:04 p.m., on Tuesday, April 3, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Moss and Burns absent. IL INVOCATION - Jesse Villagomez, Local Spiritual Assembly of Fort Worth Baha'i Faith of Fort Worth The invocation was provided by Shabnam Ghahremani, Local Spiritual Assembly of Fort Worth Baha'i Faith of Fort Worth. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 2 of 22 IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 27, 2012 Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern Zimmerman, that the Minutes of the regular meeting of March 27, 2012, be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Bums absent. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication No. PZ-2972 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that the Consent Agenda be approved as amended. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. A. General- Consent Items 1. M&C G-17565 - Authorize Acceptance of an Additional $21,663.90 for the Fiscal Year 2011 Emergency Management Preparedness Grant Award from the Texas Division of Emergency Management and the Execution of the Grant Contract for the Total Amount of the Award and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of an additional $21,663.90 for the Fiscal Year 2011 Emergency Management Preparedness Grant award from the Texas Division of Emergency Management (TDEM) for a total grant award in the amount of$166,089.90 to fund the City's Emergency Management Office; authorize the City Manager or his designee to execute a Grant Contract with the TDEM for the total amount of the award; and adopt Appropriation Ordinance No. 20150-04-2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of an additional grant award. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 3 of 22 2. M&C G-17566 - Authorize Acceptance of a Wildlife Hazard Assessment Project Grant for Fort Worth Meacham International Airport from the Texas Department of Transportation Aviation Division in the Amount of $90,000.00, Authorize the Transfer of $10,000.00 from the Municipal Airports Fund for the City?s Grant Match and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize acceptance of a Wildlife Hazard Assessment (WHA) Project Grant for Fort Worth Meacham International Airport from the Texas Department of Transportation (TxDOT) Aviation Division in the amount of $90,000.00; authorize transfer of$10,000.00 from the Municipal Airports Fund to the Airports Grant Fund for the City's match; and adopt Appropriation Ordinance No. 20151-04-2012 increasing the estimated receipts and appropriations in the Airports Grant Fund, in the amount of $100,000.00, subject to the receipt of a grant from the TxDOT Aviation Division, for the purpose of increasing safety and gaining information about wildlife at Meacham Airport through a WHA. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11368 - Authorize Non-Exclusive Purchase Agreements for the Household Crisis Component of the Comprehensive Energy Assistance Program with Atlas Star Energy, Inc., d/b/a ACooler House and Integrity Texas Construction LTD, d/b/a Integrity Home Repair and Construction for the Parks and Community Services Department for a Combined Amount Up to $200,000.00 for the First Year Using Grant Funds. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize non-exclusive purchasing agreements for the Household Crisis Component of the Comprehensive Energy Assistance Program with Atlas Star Energy Inc., d/b/a ACooler House and Integrity Texas Construction LTD, d/b/a Integrity Home Repair and Construction, for the Parks and Community Services Department based on over all lowest bids meeting specifications for a combined amount up to $200,000.00 for the first year using grant funds. 2. M&C P-11369 - Authorize Purchase Agreement with Metro Irrigation Supply Company, Ltd, in the Amount of $100,000.00 for the First Year for Irrigation Equipment, Parts and Repair Services for All City Departments. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Metro Irrigation Supply Company, Ltd, in the amount of $100,000.00 for the first year, for irrigation equipment, parts and repair services for all City departments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 4 of 22 3. M&C P-11370 - Authorize Purchase Agreement with AT&T Mobility LLC, in the Amount of $500,000.00 for Voice and Data Wireless Services and Hardware, Using a General Services Administration Contract for the Information Technology Solutions Department for the First Year. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with AT&T Mobility LLC, in the amount of $500,000.00 for voice and data wireless services and hardware, using the General Services Administration Contract number GS-35F-0297G for the Information Technology Solutions Department for the first year. 4. M&C P-11371 - Authorize Purchase of Two One Ton Crew Vans and Three One Ton Cargo Vans from Sam Packs Five Star Ford Using a Texas Smart Buy Cooperative Contract for the Parks and Community Services and Transportation and Public Works Departments in the Amount of $111,024.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase of two (2) one (1) ton crew vans and three (3) one (1) ton cargo vans from Sam Packs Five Star Ford, using the Texas Smart Buy Cooperative Contract Number 072-Al for the Parks and Community Services and Transportation and Public Works Departments in the amount of$111,024.00. C. Land - Consent Items 1. M&C L-15343 - Authorize Direct Sale of Tax-Foreclosed Properties Located at 3428 Bryan Avenue and 3432 Bryan Avenue to Fort Worth Area Habitat for Humanity, Inc., in the Amount of$16,039.30. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize direct sale of two (2) tax- foreclosed properties located at 3428 Bryan Avenue, described as Lot 17, Block 60, Ryan and Pruitt Addition and 3432 Bryan Avenue, described as Lot 16, Block 60, Ryan and Pruitt Addition in accordance with Section 34.05 of the Texas Tax Code to Fort Worth Area Habitat for Humanity, Inc., in the amount of$16,039.30; and authorize execution and recording of the appropriate instruments conveying the properties to complete the transfer of ownership. 2. M&C L-15344 - Authorize Acceptance of a Dedication Deed for 0.04 Acres of Land, Being a Part of Lots 7 and 8, Block 3, Burchill Addition, from Renaissance Square, LLC, at No Cost to the City of Fort Worth, for Right-of-Way to Widen US Highway 287 Access Road and East Berry Intersection and to Accommodate Future Development. (COUNCIL DISTRICT 8) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 5 of 22 The City Council approved the following recommendation: Authorize acceptance of a dedication deed for 0.04 acre of land being a part of Tracts 1 and 2, Lots 7 and 8, Block 3, Burchill Addition, from Renaissance Square, LLC, at no cost to the City of Fort Worth, for right-of-way to widen US Highway 287 Access Road and East Berry Intersection and to accommodate future development; and authorize the City Manager, or his designee, to accept and record the appropriate instruments to complete the conveyance. E. Award of Contract- Consent Items 1. M&C C-25538 - Authorize Amendment No. 1 to City Secretary Contract No. 35334 with Data Applications Corporation, in the Amount of $596,000.00 to Provide Continued Computer and Peripherals Maintenance and Support Services for the Information Technology Solutions Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an amendment to City Secretary Contract No. 35334 with Data Applications Corporation, in the amount of$596,000.00 to provide continued computer and peripherals maintenance and support services for the Information Technology Solutions Department. 2. M&C C-25539 - Authorize Execution of an Engineering Agreement with Kimlev- Horn and Associates, Inc., in the Amount of $132,449.00 to Provide Engineering Services for Infrastructure Improvements Associated with the Hardy Street Single-Family Infill Housing Project. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the amount of$132,449.00 to provide engineering services for infrastructure improvements associated with the Hardy Street Single-Family Infill Housing Project located at 3601 Hardy Street and 3617 Hardy Street. 3. M&C C-25540 - Authorize Execution of a Contract with Humphrey & Morton Construction Company, Inc., in the Amount of $873,649.50 for Longstraw Channel Improvements. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize execution of a contract with Humphrey & Morton Construction Company, Inc., in the amount of $873,649.50 for construction of the Longstraw Channel Improvements project. 4. M&C C-25541 - Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of$307,189.45 for the Reconstruction of Shiver Road from Meridian Lane to 300 Feet West of Stirrup Way, Utilizing $175,000.00 from 2004 Capital Improvement Program New Development Funds and $232,591.20 from Community Facility Agreement Future Improvements Fund to Provide for Construction Contract Costs, Contingencies and Construction Services for a Project Total in the Amount of$407,591.20 and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 6 of 22 The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20152-04-2012 increasing the estimated receipts and appropriations in the Special Assessments Fund in the amount of$232,591.20, from available funds, for the purpose of reconstruction of Shiver Road from Meridian Lane to 300 feet west of Stirrup Way; authorize transfer of $232,591.20 from the Special Assessments Fund to the New Development Fund; adopt Appropriation Ordinance No. 20153-04-2012 increasing the estimated receipts and appropriations in the New Development Fund, from available funds, for the purpose of reconstruction of Shiver Road from Meridian Lane to 300 feet west of Stirrup Way; and authorize execution of a contract with McClendon Construction Company, Inc., in the amount of $307,189.45 for the reconstruction project. 5. M&C C-25542 - Authorize Agreement Granting Non-Exclusive Privilege to Champion Waste Services, LLC, to Collect and Transport Municipal Solid Waste Pursuant to Chapter 12.5, Article VIII "Solid Waste and Recycling", Division 5 "Private Collectors" of the City Code. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an Agreement granting a non-exclusive privilege to Champion Waste Services, LLC, pursuant to Chapter 12.5, Article VIII "Solid Waste and Recycling", Division 5 "Private Collectors" of the City Code, to use public streets, alleys and thoroughfares within the City for the business of collecting municipal solid waste. 6. M&C C-25543 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 40121 with Halff Associates, Inc., in the Amount of$140,605.00 for a Total Contract in the Amount of $315,577.00 for Sanitary Sewer Rehabilitation Contract 80 in an Area of Southeast Fort Worth that is Generally Bound by East Rosedale Street, Anderson Street, Ramey Avenue, Carverly Drive, Stalcup Road and Dillard Street and Adopt Appropriation Ordinance. (COUNCIL DISTRICT The City Council approved the following recommendation: Authorize transfer of $140,605.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20154-04-2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $140,605.00, from available funds, for the purpose of executing Amendment No. 1 to City Secretary Contract No. 40121 with Ha1ff Associates, Inc., for Sanitary Sewer Rehabilitation Contract 80; and authorize execution of Amendment No. 1 to City Secretary Contract No. 40121 with Halff Associates, Inc., for the Contract 80, thereby increasing the contract amount to $315,577.00. 7. M&C C-25544 - Authorize Application for and Acceptance, if Awarded, of a Grant from the Texas Department of Agriculture in the Amount Up to $600,500.00 for the 2012 Summer Food Service Program, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 7 of 22 The City Council approved the following recommendation: Authorize application for and acceptance, if awarded, of a grant from the Texas Department of Agriculture in the amount up to $600,500.00 for the 2012 Summer Food Service Program; apply an indirect cost rate of 19.18 percent, which is the most recently approved rate for the department and apply the newly approved indirect rate when available; and adopt Appropriation Ordinance No. 20155-04-2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount up to $600,500.00, subject to receipt of the grant, for the purpose of the 2012 Summer Food Service Program. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1846 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. D. Planning & Zoning - Consent Items - Removed from Consent Agenda for Individual Consideration 1. M&C PZ-2972 - Authorize Initiation of Rezoning for Certain Properties in the Oakridge Terrace Neighborhood Area in Accordance with the Comprehensive Plan. (COUNCIL DISTRICT 81 The recommendation was that the City Council authorize the City Manager to initiate certain rezoning for changes in the Oakridge Terrace Neighborhood area in accordance with the Comprehensive Plan. Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council in opposition to Mayor and Council Communication No. PZ-2972 and requested that Tracts 2C1A and 2C1 of the S. Wood Survey, Abstract 1638, be removed from consideration. Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. PZ-2972 be approved with the following amendment: withdrawing Tracts 2C1 A and 2C1 of the S. Woody Survey, Abstract 1638 from the rezoning. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Child Abuse Awareness Month Council Member Espino presented the Proclamation for Child Abuse Awareness Month to Ms. Nancy Hagan, Executive Director, Alliance for Children. He stated that in 2011, 175,421 investigations regarding reports of child abuse or neglect were reported in Texas with 17,397 of those being reported in Tarrant County, 5,888 cases of which were confirmed resulting in at least 8 child deaths being attributed to abuse or neglect. He further stated that in 2011, Alliance for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 8 of 22 Children, proudly celebrated 20 years of serving as Tarrant County's Child Advocacy Center. He advised that the organization provided child-focused services to 2,292 children, including 1,304 in the Fort Worth community, as well as prevention education to over 30,300 adults and children in Tarrant County. He further advised that these prevention programs were successful because of partnerships among various agencies such as schools, religious organizations, law enforcement, parents and the business community. He encouraged everyone to work together to help reduce child abuse and neglect by becoming more aware of child abuse prevention as well as helping parents raise their children in a safe and nurturing environment. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Shingleton announced the Tarrant County College Southeast Campus would hold a Dietetic Camp for children grades two (2) through six (6), on April 21, 2012, from 9:00 a.m. to 1:00 p.m. He stated the camp would focus on food, health and fitness. He also announced that the Fort Worth Botanic Garden had been named an inaugural Lone Star Legacy Park by the Texas Recreation and Park Society. He pointed out that a Lone Star Legacy Park was classified as one that held special prominence in the local community and the state. Mayor Pro tem Zimmerman congratulated Lockheed Martin and the F-16 Team on the delivery of the 4,500`' F-16 fighter plane and pointed out that the F-16 had been the most successful fighter program of its generation. Mayor Price expressed appreciation to City staff for the installation of the handrail in the Council Chamber. 2. Recognition of Citizens There were no citizens recognized at this time. XL PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on Boards and Commissions. 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 9 of 22 XIII. RESOLUTION 1. A Resolution Authorizing Closure of Z. Boaz Golf Course and Re-Purposing of the Property as a Community Park. Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. Council Member Jordan requested clarification on how much money both Z. Boaz and Sycamore Creek Golf Courses lost last year and how the determination was made to close the Z. Boaz Golf Course. He also requested clarification on the Master Plan process. Mr. Zavala advised that the Z. Boaz Golf Course lost $243,000.00 and Sycamore Creek Golf Course lost $146,000.00 last year. He stated that the staff recommendation was to close the Z. Boaz Golf Course due to the commitment to the Central City and the strategic goals of the City Council. He also advised that staff would seek the guidance of a consultant relative to the Master Plan. He pointed out that the Parks and Community Services Advisory Board planned to evaluate the impact of the closure on Sycamore Creek after two (2) years. Council Member Jordan requested clarification regarding this decision being made prior to the budget process. Mr. Zavala advised that the decision was to deliver assumptions prior to the budget process for long range planning. Council Member Hicks requested clarification regarding drilling revenue in Sycamore Creek and other golf courses. Mr. Zavala advised that the Golf Fund had brought in over $5.7 million in bonuses and royalties. He advised that the Z. Boaz property had not been leased but would be leased in the future. He also explained the caveats regarding leasing the property in the future. The following individuals appeared before Council in support of the resolution authorizing the closure of Z. Boaz Golf Course and the re-purposing of the property as a community park. Mr. Jeffrey Galle, 2708 Brea Canyon Road Mr. Jason Smith, 2230 College Avenue The following individuals appeared before Council in opposition to the resolution authorizing the closure of Z. Boaz Golf Course and the re-purposing of the property as a community park. Ms. Wendy Helm, 4759 Martha Lane (provided handout) Mr. Bruce Cavin, 2908 Elsinor Drive Ms. Deborah Pruitt, 6517 Calmont Avenue (provided handout) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 10 of 22 Mr. Jeff Kaitcer, 5005 Ranch View Road Ms. Evelyn Muelder, 6909 Windswept Circle Ms. Nancy Crosskill, 9848 Lake Haven Circle (submitted letter from Kathy Whitworth) Mr. Blair Kline, 2100 Clubhouse Drive, Granbury, Texas 76048 Ms. Shelly Harper, 6301 Cahoba Drive Ms. Joann Peters, 9832 Lake Haven The following individuals completed "undecided" speaker cards and appeared before Council relative to the resolution authorizing the closure of Z. Boaz Golf Course and the re-purposing of the property as a community park. Ms. Rachel Wiggins, 1510 Chennault Avenue Mr. Benjamin Wright, representing Fort Worth Mountain Bikers Association, 6816 Middle Road The following individuals submitted comment cards in support of the resolution authorizing the closure of Z. Boaz Golf Course and the re-purposing of the property as a community park. Ms. Judy Williams, 9815 Shady Lane Mr. Mike Moncrief, 1600 Carleton Avenue Ms. Jessica Boyd, 2701 Briscoe Drive Ms. Marilyn Rudd, 2446 Nogales Drive The following individuals submitted comment cards in opposition to the resolution authorizing the closure of Z. Boaz Golf Course and the re-purposing of the property as a community park. Ms. Norma Bartholomew, 2908 Elsinor Drive Ms. Susan Stewart, 115 St. Louis Avenue Discussion ensued amongst Mayor Pro tem Zimmerman and Council Members Shingleton, Jordan, Scarth, Hicks, and Espino relative to budget and business planning issues, miscommunication of information, advantages and disadvantages of re-purposing the property for a community park and the need for community parks. They expressed appreciation to all who attended the meeting on either side of the issue. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Resolution No. 4080-04-2012 be approved and directing the City Manager to begin the process of a master plan for the repurposing to support the budget discussions, and with the understanding that if the supporters of Z. Boaz Golf Course could show that the course was still economically viable, Mayor Pro tem Zimmerman would ask Council to reconsider a plan to keep the course open. The motion carried 6 ayes to 1 nay (Council Member Hicks) and Council Members Moss and Bums absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3,2012 Page 11 of 22 XIV. ORDINANCE 1. An Ordinance Amending Ordinance No. 20055-01-2012, Ordering a Special Election on Saturday, the 12th Day of May 2012, for the Purpose of Electing a Council Member for City Council District 8 to Serve the Remainder of an Unexpired Term, to Amend Early Voting Locations, Add Election Day Polling Locations, and Establish a Runoff Date. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Ordinance No. 20156 be adopted. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. XV. ZONING HEARING 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 16, 2012. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 1. ZC-11-070 - (CD 9) - Fellowship Church, 2716 - 2724 & 2725 - 2741 Merrimac Street; from: "R2" Townhouse/Cluster and "PD-268" Planned Development/Specific Use for additional parking for the existing building with restrictions to: "MU-1" Low Intensity Mixed Use. (Recommended for Denial without Prejudice) Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-11-070 be denied without prejudice. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 2. ZC-1 - (CD 3) - City of Fort Worth Planning & Development, Camp Bowie Corridor Form Based Code District: Ridglea Urban Village Core South: Generally bounded by the 6100 - 6400 blocks of Camp Bowie Boulevard, southside; from: "MU-1" Low Intensity Mixed-Use, "MU-1/HSE" Low Intensity Mixed-Use/Highly Significant Endangered "F" General Commercial, "G" Intensive Commercial, "MU-2" High Intensity Mixed-Use, and "PD" Planned Developments Nos. 400, 633, and 882 to: Camp Bowie Form-Based district: Ridglea Urban Village Core South Subdistrict. (Recommended for Approval) (Continued from a Previous Meeting) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 12 of 22 The City Council at its regular meeting on March 6, 2012, continued Zoning Docket No. ZC-11-075A. The following individuals completed "undecided" speaker cards and appeared before Council relative to Zoning Docket No. ZC-11-075A. Ms. Jerre Tracy, Executive Director, Historic Fort Worth (HFW), on behalf of Winni Klein, Chair, HFW, 1110 Penn Street (submitted letter from Winni Klein) Mr. Mike Brennan, 1109 Mistletoe Drive Ms. Brandy O'Quinn, 2801 Willing Avenue, appeared before Council in support of Zoning Docket No. 11-075A. Ms. Jaynie Cumming, 6200 Locke Avenue, completed an "undecided" speaker card relative to Zoning Docket No. ZC-11-075A, but did not wish to address the Council. (Council Member Scarth left his place at the dais.) Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-11-075A be approved. The motion carried unanimously 6 ayes to 0 nays, with Council Members Scarth, Moss and Bums absent. 3. ZC-11-100A - (CD 3) - City of Fort Worth Planning & Development, Text Amendment: Proposed Amendments to the Camp Bowie Form Based Code, Ridglea Urban Village Core South: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codefied as Appendix "A" of the code of the City of Fort Worth, to amend: Section 5 "Schedule of Permitted Uses" of the Camp Bowie Revitalization Code of Section 4.1204 of Chapter 4, "District Regulations" and the Table of permitted uses in the Ridglea Urban Village Core South Zone. (Recommended for Approval) (Continued from a Previous Meeting) The City Council at its regular meeting on March 6, 2012, continued Zoning Docket No. ZC-11-100A. Ms. Brandy O'Quinn, 2801 Willing Avenue, completed a speaker card in support of Zoning Docket No. 11-100A, but did not wish to address the Council. Ms. Sandra Dennehy, 3124 College Avenue, appeared before Council in opposition to Zoning Docket No. ZC-11-100A. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 13 of 22 The following individuals completed "undecided" speaker cards relative to Zoning Docket No. ZC-11-100A but did not wish to address the Council. Ms. Jerre Tracy, Executive Director, HFW, 1110 Penn Street Ms. Jaynie Cumming, 6200 Locke Avenue (Council Member Scarth returned to his place at the dais.) Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-11-100A be approved and Ordinance No. 20157-04-2011 be adopted. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 4. ZC-11-101 - (CD 2) - Victor Lopez, 3602 North Grove Street; from: "K" Heavy Industrial to: "PD/K" Planned Development for all uses in "K" Heavy Industrial plus glass recycling, site plan included. (Recommended for Approval) (Continued from a Previous Meeting) The City Council at its regular meeting on March 20, 2012, continued Zoning Docket No. ZC-11-101. Motion: Council Member Espino made a motion, seconded by Mayor Pro tern Zimmerman, that Zoning Docket No. ZC-11-101 be denied without prejudice, but should the Applicant gain community support and wish to reapply then the zoning fee shall be waived. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Bums absent. 5. ZC-12-013 - (CD 6) - Rodrigo Armendariz, 7108 South Freeway; from: "E" Neighborhood Commercial to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus outside storage of granite slabs for sale and outdoor storage in the rear; site plan included. (Recommended for Approval) Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-12-013 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 6. ZC-12-017 - (CD 5) - Ignacio Garcia, 4900 Miller Avenue, 4108 Moberly; from "E" Neighborhood Commercial to: "FR" General Commercial Restricted. (Recommended for Denial) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 14 of 22 Ms. Patricia Jones, 3516 Royal Crest Drive, completed a speaker card in opposition to Zoning Docket No. ZC-12-017 and was recognized by Mayor Price, but was not present in the Council Chamber. Pastor Charles Singleton, First Missionary Baptist Church, 4928 Miller Avenue, appeared before Council in opposition to Zoning Docket No. ZC-12-017. (displayed photographs) Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-12-017 be denied. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 7. ZC-12-021 - (CD-ALL) - City of Fort Worth Planning & Development, Text Amendment: Telecommunication Towers: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codefied as Appendix "A" of the code of the City of Fort Worth, to amend: Article 1 ?Standards for Selected Uses", of Chapter 5. "Supplemental Use Standards"; Sections 5.136 "Telecommunications Antenna" and 5.137 "Telecommunication 'Power and Stealth Telecommunication Tower" in their entirety; Reorganize the sections and revise application requirements, design review responsibility, and allow administrative approvals; Section 2.102 "Urban Design Commission" to revise the duties of the Urban Design Commission; and Chapter 9, "Definitions" to revise definitions related to Telecommunications. (Recommended for Approval) (Continued from a Previous Meeting) The City Council at its regular meeting on March 6, 2012, continued Zoning Docket No. ZC-12-021. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-12-021 be approved as amended and that Ordinance No. 20158-04-2011 be adopted. The motion carved unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 8. ZC-12-022 - (CD-ALL) - City of Fort Worth Planning & Development, Text Amendment: Amendments to the Zoning Ordinance creating Articles for Overlays and Form-Based Codes and Re-Activating 0-1 & 0-2 Floodplain Districts: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codefied as Appendix "A" of the code of the City of Fort Worth to: Reorganize and renumber Chapter 4 "District Regulations"; Add a Mixed-Use and Form-Based District Use Table; and Re- Activate Floodplain "00-1" & "00-2" Districts. (Recommended for Approval) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 15 of 22 Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-12-022 be approved and that Ordinance No. 20159-04-2011 be adopted. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Bums absent. 9. ZC-12-023 - (CD 8) - Raymundo Garcia, 1900, 1904, 1908, 1912 Evans Avenue; from: "E" Neighborhood Commercial to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus auto repair with bay doors facing a One or Two-Family residential district site plan waiver requested. (Recommended for Denial) Mr. Monnie Gilliam, 1100 Vicki Lane, appeared before Council in opposition to Zoning Docket No. ZC-12-023. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-12-023 be denied with prejudice. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Bums absent. 10. ZC-12-024 - (CD 2) - Salvador and Deborah Gallardo, 2621 NW 29th Street; from: "A-5" One-Family to: "ER" Neighborhood Commercial Restricted. (Recommended for Denial) Ms. Deborah Gallardo, 2619 NW 29th Street, appeared before Council in support of Zoning Docket No. ZC-12-024. The following individuals completed speaker cards in support of Zoning Docket No. ZC-12-024, but did not address the Council. Ms. Juanita Castilleja, 6153 River Cross Drive Ms. Bianca Rojas, 2813 NW 31st Street Ms. Jo Beth Salazar, 3111 Grover Avenue Mr. Juan Chavez, 5520 Venera Court Ms. Elvira Garcia, 2200 Macie Mr. Danny Delgado, 2119 Lee Avenue The following individuals submitted comment cards in support of Zoning Docket No. ZC-12-024. Mr. Braulio Ramirez, 2500 West Loraine Street Ms. Elizabeth Rios, 3900 Winfield Ms. Rosie Gonzales, 3900 Winfield Ms. Pizana Ray, 2119 Lee Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 16 of 22 Ms. Beatriz Espinoza, 2811 NW 24th Street Ms. Martha Pozos, 2615 NW 29th Street Mr. Salvador Gallardo, 2619 NW 29th Street Ms. Maria Villagrana, 2713 NW 29th Street Mr. Dominick Perez, 2119 Lee Avenue Mr. Berancio Mendez, 2516 NW 29th Street Ms. Natalie Martinez, 2011 Market Avenue Ms. Estella Nevarrete, 2609 NW 29th Street Mr. Raymond Espinoza, 3306 Ellis Avenue Mr. Juan Esparza, 1964 Belmont Avenue Ms. Blanca Pizana, 2119 Lee Avenue Ms. Adrian Enriquez, 2917 NW 28th Street Ms. Sylvia Garcia Padilla, 2111 Clinton Avenue Mr. Samuel Gonzalez, 2959 Roosevelt Avenue Mr. Ramiro Padilla, 2111 Clinton Avenue Mr. Emmanuel Rodriguez, 2315 Rosen Avenue Mr. Ricardo Pizana, 5005 Almena Road Mr. Omar Mireles, 3005 Kearney Avenue Mr. Anthony Zamora, 1613 Homan Avenue Ms. Krystal Rodriguez, 2318 Gould Avenue Mr. Adrian Saucillo, 2425 NW Loraine Mr. Michael Sanchez, 5316 Graham Street Ms. Isidoro Ramirez, 2305 NW 24th Street Ms. Lupita Ramirez, 2305 NW 24th Street Council Member Espino advised that the community support for this rezoning was evident and he would make a motion to approve the zoning change. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-12-024 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 11. ZC-12-025 - (CD 5) - Nicholas Martin Jr., 8913 Randol Mill Road: from: "A-7.5" One-Family to: "R2" Townhouse/Cluster. (Recommended for Approval as Amended to PD/R2 limited to six units per acre, site plan required) (Council Member Espino left his place at the dais.) Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC-12-025 be approved. The motion carried unanimously 6 ayes to 0 nays, with Council Members Espino, Moss and Bums absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 17 of 22 12. ZC-12-026 - (CD 4) - Allied Waste Systems, Inc., 6100 & 6101 Elliott Reeder Road; from: "AG" Agricultural & "PD-287" Planned Development/Specific Use for a transfer station and material recovery facility. Site plan required. to: Amend "PD-287" Planned Development/Specific Use for a transfer station and material recovery facility; site plan included. (Recommended for Approval) Ms. Krystal Moreno, 2413 NW 21st Street, completed a speaker card in support of Zoning Docket No. ZC-12-026 and was recognized by Mayor Price, but was not present in the Council Chamber. Mr. Jeff Young, 6420 Southwest Boulevard, completed a speaker card in support of Zoning Docket No. ZC-12-026, but did not wish to address the Council. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that Zoning Docket No. ZC-12-026 be approved. The motion carried unanimously 6 ayes to 0 nays, with Council Members Espino, Moss and Bums absent. 13. SP-12-003 - (CD 6) - FJM Properties, L. P., 7300 Granbury Road; Submit site plan as required for a rehabilitation facility for "PD-655" Planned Development for I uses with exclusions and "PD-656" Planned Development for F uses with exclusions. (Recommended for Approval) Mr. Jim Schell, 901 Fort Worth Club Building, completed a speaker card in support of Zoning Docket No. SP-12-003 and was recognized by Mayor Price, but was not present in the Council Chamber. The following individuals completed speaker cards in support of Zoning Docket No. SP-12-003, but did not wish to address the Council. Mr. Barry Hudson, representing the Applicant, 3012 Gunnison Trail Mr. Eric Goodman, representing the Developer, 1517 Fabricon Boulevard, Jeffersonville, Indiana, 47130 Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket No. SP-12-003 be approved as amended with inclusion of the Landscaping Plan. The motion carried unanimously 6 ayes to 0 nays, with Council Members Espino, Moss and Burns absent. 14. SP-12-004 - (CD 8) - FW Mason Heights, LP, 3670 Wichita Street, Submit site plan as required for "PD-916" Planned Development for C uses for a charter school facility. (Recommended for Approval) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3,2012 Page 18 of 22 (Council Member Espino returned to his place at the dais.) Mr. Michael Clark, 6750 Hillcrest Plaza#325, Dallas, Texas, 76013, completed a speaker card in support of Zoning Docket No. SP-12-004, but did not wish to address the Council. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tern Zimmerman, that Zoning Docket No. SP-12-004 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 15. ZC-12-028 - (CD 5, CD 8) - City of Fort Worth Planning & Development, Burchill Neighborhood, Generally bounded by Avenue J, Vaughn Boulevard, US 287 (MLK Freeway), and Mitchell Boulevard; from: "B" Two-Family, "C" Medium Density Multifamily, "D" High Density Multifamily, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, and "I" Light Industrial to: "A-5" One-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, and "FR" General Commercial Restricted. (Recommended for Approval) Motion: Council Member Hicks made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-12-028 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 16. ZC-12-029 - (CD 5) - City of Fort Worth Planning & Development, 3800 - 3824 Elm Street; from: "AG" Agricultural to: "A-5" One-Family. (Recommended for Approval) Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that Zoning Docket No. ZC-12-029 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that the hearing be closed and that Ordinance No. 20160-04-2012 be adopted. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. XVI. REPORT OF THE CITY MANAGER A. Benefit Hearing-None B. General CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 19 of 22 L M&C G-17567 - Conduct Public Hearing on the Proposed Ordinance Repealing the Moratorium on Salt Water Disposal Wells and Amending Chapter 15 Gas Article II, Gas Drilling and Production of the City Code, Section 15-42 to Provide for Regulations of Salt Water Disposal Wells. (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) The recommendation was that the City Council conduct a public hearing on a proposed Ordinance repealing the moratorium on salt water disposal wells and amending Chapter 15 Gas Article II, Gas Drilling and Production of the City Code, Section 15-42 to provide for regulations of Salt Water Disposal Wells. a. Report of City Staff Mr. Rick Trice, Assistant Director, Gas Wells, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication No. G-17567. Mr. Stephen Lindsey, representing the Natural Gas Barnett Shale companies, 801 Cherry Street Mr. Edward Ficker, 1000 Henderson Street Mr. Bob Manthei, representing XTO Energy, 810 Houston Street The following individuals appeared before Council in opposition to Mayor and Council Communication No. G-17567. Ms. Judy Wood, 3913 Willow Way Road (provided handout) Ms. Mary Kelleher, 7901 Randol Mill Road (provided handout) Ms. Judy Williams, 9815 Shady Lane Mr. Gary Hogan, 2117 Rolling Creek Run Mr. Carlos Quintanilla, 421 South Dwight Street, Dallas, Texas, 75211 Ms. Linda Hanratty, 4236 Oak Park Court Mr. Robert Snoke, 3826 6th Avenue Mr. Alonzo Agular, 3725 Stuart Drive Ms. Sharon Austry, 6716 Blue Meadow Drive Ms. Libby Willis, 2300 Primrose Avenue Mr. Jim Ashford, 6209 Riverview Circle Senator Lon Burnam, 1067 West Magnolia CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 20 of 22 Ms. Serena Keeler, 1329 South Henderson Street, completed a speaker card in opposition to Mayor and Council Communication No. G-17567, but did not wish to address the Council. The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G-17567 and were recognized by Mayor Price, but were not present in the Council Chamber. Mr. Lee Frampton, 816 East Biddison Street Ms. Suzie Jary, 6416 Locke Avenue Mr. Gilbert Horton, representing Devon Energy, 777 Main Street, Suite 2200, submitted a comment card in support of Mayor and Council Communication No. G-17567. The following individuals submitted comment cards in opposition to Mayor and Council Communication No. G-17567. Mr. Michael Appleman, 2600 Highview Terrace Ms. Norma Bartholomew, 2908 Elsinor Drive c. Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Scarth, that the public hearing and Mayor and Council Communication No. G-17567 be continued until the April 10, 2012, Council meeting. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. C. Purchase of Equipment, Materials, and Services - None D. Land 1. M&C L-15345 - Authorize the Conveyance of 0.508 Acres of Land for an Easement to Oncor Electric Delivery for Electrical Equipment and Appurtenances to Westside Water Treatment Plant on City Property Located at 12200 Old Weatherford Road at No Expense to the City of Fort Worth. (COUNCIL DISTRICT 7) The recommendation was that the City Council authorize the conveyance of 0.508 acre of land for an easement to Oncor Electric Delivery for electrical equipment and appurtenances to Westside Water Treatment Plant on City property located at 12200 Old Weatherford Road, described as Lot 1, Block 1, Northwest Water Treatment Plant Addition, at no expense to the City of Fort Worth; and authorize the execution and recording of necessary documents to complete the conveyance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3,2012 Page 21 of 22 Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication Number L-15345 be approved. The motion carried unanimously 6 ayes to 0 nays, with Council Member Scarth abstaining and Council Members Moss and Bums absent. E. Planning& Zoning- None F. Award of Contract L M&C C-25545 - Authorize Execution of a Public Right-of-Way Use Agreement Granting Texas Midstream Gas Services. L.L.C., a License to Construct and Operate a Ten Inch Natural Gas Gathering Pipeline Across Rogers Road, University Drive South and Old University Drive, GP11-00034. (COUNCIL DISTRICT 9) The recommendation was that the City Council authorize execution of a public right-of-way use agreement with Texas Midstream Gas Services, L.L.C., granting a license to construct and operate a natural gas gathering pipeline across Rogers Road south of Mopac Road, across University Drive South, north of Old University Drive, and across Old University Drive, north of University Drive South for a one (1) time license fee of$15,536.40. Mr. Charles Dreyfus, 2416 Park Place, submitted a comment card in support of Mayor and Council Communication No. C-25545. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication Number C-25545 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Bums absent. XVII. CITIZEN PRESENTATIONS Mr. Lyle Oel ke, Chair, The Greater Fort Worth Area Civic Leaders Association, 3850 Silverton Circle, appeared before Council and presented the Mayor and Council with a framed photograph of the USS Fort Worth, a Littoral Combat Ship, named for the City. He also invited the Mayor and Council to attend a free BBQ event at the Naval Air Station Joint Reserve Base on May 4, 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 3, 2012 Page 22 of 22 Mr. Robert Gordon Little, 2900 Schadt Street, completed a citizen presentation card and was recognized by Mayor Price, but was not present in the Council Chamber. XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 10:17 p.m. These minutes approved by the Fort Worth City Council on the 10`h day of April, 2012. Attest: 2 Appr -. 44 1>er;-- Mar y J a r ets Price Y City Secrefary Mayor