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HomeMy WebLinkAbout2010/09/14-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Ctnff Pri vimt Dale Fisseler, City Manager Gerald Pruitt, Deputy 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 7:21 p.m. on Tuesday, September 14, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Rabbi Dov Mandel, Chabad of Fort Worth The invocation was provided by Rabbi Dov Mandel, Chabad of Fort Worth. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 1 c , Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that the minutes of the special called meeting of August 19, 2010, and the regular meeting of August 24, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 2 of 56 '• . 1 1 " '• City Manager Fisseler requested that Mayor and Council Communication Nos. G -17021 be continued until the October 12, 2010, Council meeting, C -24422 be withdrawn from consideration and replaced with C -24422 (Revised) and C -24423 be withdrawn from consideration. VII. CONSENT AGENDA Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17033 - Approve the Findings of the Ground Transportation Coordinator Regarding the Application of Eclipse Limousine Services, LLC to Operate Two Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. Approved by the City Council as recommended and as follows: Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Two (2) Limousines Upon the City Streets, Alleys and Thoroughfares; Eclipse Limousine Services, LLC is Qualified and Financially Able to Conduct a Limousine Service Within the City; Eclipse Limousine Services, LLC has Complied With the Requirements of Chapter 34 of the City Code; Eclipse Limousine Services, LLC Presented Facts in Support of Compelling Demand and Necessity for Two (2) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Two (2) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19294 -09 -2010 Granting the Privilege of Operating Authority to Eclipse Limousine Services, LLC for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Two (2) 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 Eclipse Limousine Services, LLC and Conditioned on Eclipse Limousine Services, LLC Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 2. M &C G -17034 - Approve Findings of Ground Transportation Coordinator Regarding Application of Godfather Trans, Inc., to Operate Four Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. Approved by the City Council as recommended and as follows: Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Four (4) Limousines Upon the City Streets, Alleys and Thoroughfares; Godfather Trans, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 3 of 56 (VII. CONSENT AGENDA Continued) Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City; Godfather Trans, Inc., has Complied With the Requirements of Chapter 34 of the City Code; Godfather Trans, Inc., Presented Facts in Support of Compelling Demand and Necessity for Four (4) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Four (4) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19295 -09- 2010 Granting the Privilege of Operating Authority to Godfather Trans, Inc., for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Four (4) 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 Godfather Trans, Inc., and Conditioned on Godfather Trans, Inc., Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 3. M &C G -17035 - Authorize the Temporary Road Closure of the Southern Half of Harrold Street from West 7th Street to West 6th Street from September 15, 2010 to November 15, 2010. Approved by the City Council as recommended and as follows: Authorizing the Temporary Road Closure of the Southern Half of Harrold Street From West 7th Street to West 6th Street From September 15, 2010, to November 15, 2010, to Facilitate the Installation of AT &T Infrastructure Including a Manhole in West 7th Street and Conduit in West 7th Street and Harrold Street. 4. M &C G -17036 - Approve Findings of Ground Transportation Coordinator Regarding Application of Legacy Transportation, Inc., to Operate Four Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. Approved by the City Council as recommended and as follows: Considering and Adopting the Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Four (4) Limousines Upon the City Streets, Alleys and Thoroughfares; Legacy Transportation, Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City; Legacy Transportation, Inc., has Complied With the Requirements of Chapter 34 of the City Code; Legacy Transportation, Inc., Presented Facts in Support of Compelling Demand and Necessity for Four (4) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Four (4) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19296 -09 -2010 Granting the Privilege of Operating Authority to Legacy Transportation, Inc., for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Four (4) 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 Legacy Transportation, Inc., and Conditioned on Legacy Transportation, Inc., Complying with All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 4 of 56 (VII. CONSENT AGENDA Continued) 5. M &C G -17037 - Reappoint Mark Weibel as a Hearing Officer with the Authority to Administer Oaths and Issue Orders Compelling the Attendance of Witnesses and the Production of Documents to Conduct Administrative Hearings Pursuant to the Automated Red Light Enforcement Ordinance No. 17677. Approved by the City Council as recommended and as follows: Reappointing Mark Weibel as a Hearing Officer With the Authority to Administer Oaths and Issue Orders Compelling the Attendance of Witnesses and the Production of Documents to Conduct Administrative Hearings Pursuant to the Automated Red Light Enforcement Ordinance No. 17677. 6. M &C G -17038 - Authorize the Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Alliance Airport from the Texas Department of Transportation Aviation Division, if Offered, in an Amount Up to $71,000.00, Including the City's Grant Match and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Authorize the Acceptance of Routine Airport Maintenance Project Grant for Fort Worth Alliance Airport From the Texas Department of Transportation Aviation Division for an Amount Up to $35,500.00; Authorizing the Acceptance of Up to $35,500.00 in Reimbursements From Alliance Air Services for the City's Match; and Adopting Appropriation Ordinance No. 19297 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Airport Grants Fund in the Amount of $71,000.00, Subject to Receipt of the Grant for Routine Maintenance at Fort Worth Alliance Airport. 7. M &C G -17039 - Authorize the Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Meacham International Airport from the Texas Department of Transportation Aviation Division, if Offered, in an Amount Up to $50,000.00, Authorize the Use of Revenue from Mineral Lease Revenue in an Amount Up to $50,000.00 for the City's Grant Match and Adopt Appropriation Ordinances. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Authorize the Acceptance of a Routine Airport Maintenance Grant, if Offered, for Fort Worth Meacham International Airport From the Texas Department of Transportation, Aviation Division, in an Amount Up to $50,000.00; Adopting Appropriation Ordinance No. 19298 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $50,000.00, Subject to Receipt of the Grant for Routine Maintenance at Fort Worth Meacham International Airport; Authorizing the Transfer of $50,000.00, From the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's Match; and Adopting Appropriation Ordinance No. 19299 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of $100,000.00, Subject to Receipt of the Grant CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 5 of 56 (VII. CONSENT AGENDA Continued) 8. M &C G -17040 - Authorize the Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Spinks Airport from the Texas Department of Transportation Aviation Division, if Offered, in an Amount Up to $50,000.00, Authorize the Use of Revenue from Mineral Lease Revenue in an Amount Up to $50,000.00 for the City's Grant Match and Adopt Appropriation Ordinances. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Authorize the Acceptance of a Routine Airport Maintenance Grant, if Offered, for Fort Worth Spinks Airport From the Texas Department of Transportation, Aviation Division, in an Amount Up to $50,000.00; Adopting Appropriation Ordinance No. 19300 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $50,000.00, Subject to Receipt of the Grant for Routine Maintenance at Fort Worth Spinks Airport; and Authorizing the Transfer of $50,000.00 From the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's Match; and Adopting Appropriation Ordinance No. 19301 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of $100,000.00, Subject to Receipt of the Grant. 9. M &C G -17041 - Authorize the Execution of a Joint - Funding Agreement in the Amount of $34,017.00 with the U. S. Geological Survey for Participation in Water Quality Data Collection Activities in the Trinity River. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Joint - Funding Agreement for Water Quality Data Collection Activities in the Trinity River With the U. S. Geological Survey; and Authorizing the Payment of the City's Share of the Cost in the Amount of $34,017.00, for the Data Collection Activities. C. Land - Consent Items 1. M &C L -15047 - Authorize Lease Agreement with the Fort Worth Housing Authority for Office Space Located at 1634 Waters Formerly Known as 1735 Chambers for the Police Department. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Lease Agreement With the Fort Worth Housing Authority for Office Space for the Police Department Located at 1634 Waters (Formerly Known as 1607 Chambers) at a Cost of $1.00 Per Year; and Authorizing the Lease Term to Begin November 1, 2009, and End on October 31, 2010, With Two (2) Successive One (1) Year Renewal Terms at the City's Option. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 6 of 56 (VII. CONSENT AGENDA Continued) 2. M &C L -15048 - Authorize a Lease Modification and Extension Agreement with Basswood Crossing Limited Partnership for Office Space at 4301 Basswood Boulevard, Suite 180 for the Police Department. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Lease Modification and Extension for Office Space Located at 4301 Basswood Boulevard, Suite 180, With Basswood Crossing Limited Partnership at a Cost of $3,100.00 Per Month for the First Year of the Term and $3,200.00 Per Month for the Second Year of the Term, With One (1) Month of Abated Rent Each Year; and Approving the Lease Term of Two (2) Years Effective August 1, 2010, and Expiring on July 31, 2012. 3. M &C L -15049 - Authorize the Acceptance of a Dedication Deed from Hillwood Alliance Residential, LP, at No Cost to the City of Fort Worth for 4.475 Acres of Land, for the Construction of North Riverside Drive South of Heritage Trace Parkway. Approved by the City Council as recommended and as follows: Authorizing the Acceptance of a Dedication Deed From Hillwood Alliance Residential, LP, at No Cost to the City of Fort Worth for 4.475 Acres of Land Located in the Samuel P. William Survey, Abstract No. 1690 and the William McCowen Survey, Abstract No. 999, Tarrant County, Texas, That is to be Used for the Construction of North Riverside Drive South of Heritage Trace Parkway; and Authorizing the City Manager, or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. 4. M &C L -15050 - Authorize the Purchase of .122 Acres of Land In Fee for Right -of -Way and a .040 Acre Temporary Construction Easement Located at 11815 Alta Vista Road from Dayton Bailey for a Total of $80,870.00 and Pay the Estimated Closing Costs of $4,000.00 for the North Beach Street Widening Project. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of .122 Acre of Land in Fee for Right -of -Way and a .040 Acre Temporary Construction Easement Located at 11815 Alta Vista Road, Described as Abstract No. 266, Tract 2H, Francisco Cuella Survey, Fort Worth, Texas, From Dayton Bailey; Finding That the Price of $80,300.00 Offered for the Purchase of the Right -of -Way and $570.00 for the Temporary Construction Easement is Just Compensation; 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. 5. M &C L -15051 - Authorize the Purchase of 0.141 Acres of Land for Right -of -Way in Fee and a 0.046 Acre Temporary Construction Easement Located at 11831 Alta Vista Road from Thomas Shawn Bailey for a Total of $43,550.00 and Pay the Estimated Closing Costs of $3,000.00 for the North Beach Street Widening Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 7 of 56 (VII. CONSENT AGENDA Continued) Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 0.141 Acre of Land for Right -of -Way in Fee and a 0.046 Acre Temporary Construction Easement Located at 11831 Alta Vista Road, Described as Abstract No. 266, Tract 2H, Francisco Cuella Survey, Fort Worth, Texas, From Thomas Shawn Bailey; Finding That the Price of $42,900.00 Offered for the Purchase of the Right -of -Way and $650.00 for the Temporary Construction Easement is Just Compensation; 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. 6. M &C L -15052 - Accept the Dedication of Approximately 11.291 Acres of Unimproved Parkland from Hillwood RLD, L.P. as an Addition to Chisholm Ridge Park. Approved by the City Council as recommended and as follows: Accepting the Dedication of Approximately 11.291 Acre Tract of Land Situated in the Henry Robertson Survey, Abstract No. 1798, Intending to be all of Lot 17x, Block 44, and Being a Portion of Tracts 1 and 2, of Unimproved Parkland From Hillwood RLD, L.P. in Accordance With the Neighborhood and Community Park Dedication Policy as an Addition to Chisholm Ridge Park. D. Planning & Zoning - Consent Items 1. M &C PZ -2906 - Adopt an Ordinance Vacating a Portion of Excess Right -of -Way Along West Lancaster Avenue East of Foch Street. Approved by the City Council as recommended and as follows: Adopting Ordinance No. 19302 -09- 2010 Vacating and Extinguishing a Portion of Excess Right -of -Way Along West Lancaster Avenue, East of Foch Street Situated Adjacent to Lot 1R, Block 7A of S07 Addition, an Addition to the City of Fort Worth, Tarrant County, Texas. 2. M &C PZ -2907 - Authorize an Application for the Rezoning of Certain Properties in the Central Meadowbrook Neighborhood in Accordance with the Comprehensive Plan. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Initiate Certain Zoning Changes in the Central Meadowbrook Neighborhood, From "A -5" One - Family, "B" Two - Family, "C" Medium Density Multi- Family, "E" Neighborhood Commercial "FR" General Commercial Restricted, "F" General Commercial, and "I" Light Industrial to "A -10" One - Family, "A- 7.5" One - Family, "A -5" One - Family, "B" Two - Family, "CR" Low Density Multi- Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted and "E" Neighborhood Commercial, in Accordance With the Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 8 of 56 (VII. CONSENT AGENDA Continued) 3. M &C PZ -2908 - Authorize an Application for the Rezoning of Certain Properties in the North Greenbriar Neighborhood in Accordance with the Comprehensive Plan. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Initiate Certain Zoning Changes in the North Greenbriar Neighborhood, From "B" Two - Family, "E" Neighborhood Commercial, "I" Light Industrial and "PD" Planned Development 71 to "A -5" One - Family and "E" Neighborhood Commercial, in Accordance With the Comprehensive Plan. 4. M &C PZ -2909 - Authorize an Application for the Rezoning of Certain Properties in the Sylvan Heights West Neighborhood in Accordance with the Comprehensive Plan. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Initiate Certain Zoning Changes in the Sylvan Heights West Neighborhood, From "A -5" One - Family, "B" Two - Family, "C" Medium Density Multi- Family, "CF Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "I" Light Industrial and "PD" Planned Development, to "A -10" One - Family, "A- 7.5" One - Family, "A- 7.5/HC" One- Family/Historical and Cultural Overlay, "A -5" One - Family, "B" Two - Family, "CR" Low Density Multi- Family, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial and "PD" Planned Development, in Accordance With the Comprehensive Plan. E. Award of Contract - Consent Items 1. M &C C -24425 - Authorize the Execution of Change Order No. 1 in the Amount of $227,307.70 to City Secretary Contract No. 38299 with JLB Contracting, LLC, for Hot Mix Asphaltic Concrete Surface Overlay 2008 -12 at Various Locations and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the Transfer of $113,653.85 From the Water and Sewer Operating Funds to the Water Capital Projects Fund in the Amount of $79,557.70 and to the Sewer Capital Project Fund in the Amount of $34,096.15; Adopting Appropriation Ordinance No. 19303 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund From Available Funds, for Hot Mix Asphaltic Surface Overlay 2008 -12 at Various Locations; and Authorizing the City Manager to Execute Change Order No. 1, in the Amount of $227,307.71 to City Secretary Contract No. 38299 With JLB Contracting, LLC, to Cover Quantities Over Run With the Addition of Two (2) Streets Included in the Proj ect, Increasing the Total Contract Amount to $1,8 5 8.141.71. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 9 of 56 (VII. CONSENT AGENDA Continued) 2. M &C C -24426 - Authorize a Professional Services Agreement in the Amount of $482,000.00 with AECOM USA Group, Inc., for the Hydrologic Impact Assessment and Flood Warning System Study Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount and Adopt Supplemental Appropriation Ordinance. Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation Ordinance No. 19304 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $482,000.00, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Hydrologic Impact Assessment and Flood Warning System Study; and Authorizing the City Manager to Execute a Professional Services Agreement With AECOM USA Group, Inc., for the Study. 3. M &C C -24427 - Authorize an Engineering Agreement with URS Corporation in the Amount of $250,756.53 for the Leslie Creek Master Plan Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount and Adopt Supplemental Appropriation Ordinance. Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation Ordinance No. 19305 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $250,756.53, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Leslie Creek Master Plan; and Authorizing the City Manager to Execute an Engineering Agreement With URS Corporation for the Plan. 4. M &C C -24428 - Authorize an Engineering Agreement with AECOM Technical Services, Inc., in the Amount of $392,000.00 for Overton Creeks Master Plan Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount and Adopt Supplemental Appropriation Ordinance. Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation Ordinance No. 19306 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $392,000.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Overton Creeks Master Plan; and Authorizing the City Manager to Execute an Engineering Agreement With AECOM Technical Services, Inc., for the Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 10 of 56 (VII. CONSENT AGENDA Continued) 5. M &C C -24429 - Authorize the Execution of a Memorandum of Understanding /Cost Reimbursement Agreement in the Amount of $45,000.00 with the United States Federal Bureau of Investigation for the Police Department to Participate in the Tarrant County Safe Streets Task Force and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Memorandum of Understanding /Cost Reimbursement Agreement With the United States Federal Bureau of Investigation to Assist in Official Investigations and to Receive Reimbursement for Overtime Expenses Not to Exceed $45,000.00 for Participation in the Tarrant County Safe Streets Task Force; and Adopting Appropriation Ordinance No. 19307 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $45,000.00, Upon Execution of the Memorandum of Understanding and Cost Reimbursement Agreement. 6. M &C C -24430 - Authorize the City Manager to Execute a Contract with the United Community Center in the Amount of $106,389.00 to Continue Operation of a Youth Safe Haven Program at the Bethlehem Community Center in Fort Worth. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract Not to Exceed $106,389.00 With the United Community Center, a Non - Profit Organization, to Continue Operation of a Youth Safe Haven Program at the Bethlehem Community Center; and Authorizing the Contract to be Extended for Up to Four (4) One (1) Year Periods Without Further Action From City Council. 7. M &C C -24431 - Authorize the Execution of Grant Contracts with the State of Texas, Authorize Acceptance Additional Award in the Amount of $50,000.00 from the Texas Division of Emergency Management Under the Fiscal Year 2008 Homeland Security Grant Program, Authorize Deobligation of Funds in the Amount of $75,000.00 for a Regional Homeland Security Project, Authorize the City Manager to Execute the Grant Agreements and Adopt Appropriation Ordinance in the Amount of $50,000.00. Approved by the City Council as recommended and as follows: Authorizing the Execution of a Grant Contracts With the State of Texas Through the Governor's Division of Emergency Management/State Administrative Agency; Authorizing the City Manager to Deobligate $75,000.00 From the City of Fort Worth Fiscal Year 2008 Homeland Security Grant Program Award (CFDA No. 97.008) to Fund a Regional Homeland Security Project in Parker County; and Authorizing the City Manager to Accept From Texas Governor's Division of Emergency Management the Fiscal Year 2008 Homeland Security Grant Program Award for $50,000.00 (CFDA No. 97.073); and Adopting Appropriation Ordinance No. 19308 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $50,000.00, Subject to Receipt of the Award to Support Ongoing Development of the Regional Digital Smart Technologies for Amateur Radio (D -Star) Communication System. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 11 of 56 (VII. CONSENT AGENDA Continued) 8. M &C C -24432 - Authorize Execution of Amendment Number 4 to City Secretary Contract No. 28217 with Toter, Inc., for the Inclusion of Hot Stamp Instructions on Garbage, Recycle and Yard Cart Lids Not to Exceed an Amount of $43,305.00 for Fiscal Year 2010. Approved by the City Council as recommended and as follows: Authorizing Amendment Number 4 to City Secretary Contract No. 28217 With Toter, Inc., for the Inclusion of Hot Stamped Instructions and Program Guide Directions on the Garbage, Recycle and Yard Cart Lids Not to Exceed an Amount of $43,305.00 for Fiscal Year 2010. 9. M &C C -24433 - Authorize the Execution of Consent to Assignment of a Tank Farm Lease and Public Fueling Agreement Identified as City Secretary Contract No. 31763, at Fort Worth Meacham International Airport, by Phaero, L.L.C., to APIAQ Limited Partnership. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Written Consent to Assignment by Phaero, L.L.C., of all Leasehold Interest in City Secretary Contract (CSC) No. 31763 at Fort Worth Meacham International Airport, to APIAQ Limited Partnership. 10. M &C C -24434 - Authorize Change Order No. 1 in the Amount of $49,728.00 to City Secretary Contract No. 39545 with Rodgers Construction Company, for Water and Sanitary Sewer Replacements Contract 2002, STM -O on West Fuller Street. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $49,728.00 to City Secretary Contract No. 39545 With Rodgers Construction Company, for Water and Sanitary Sewer Replacements Contract 2002, STM -O on West Fuller Street, Thereby Increasing the Contract Amount to $1,330,238.20. 11. M &C C -24435 - Authorize an Engineering Agreement in the Amount of $102,716.00 with Criado and Associates, Inc., for Water Replacement Contract 2009, WM -D on Charter Oak Court, Driftwood Court, Quail Ridge Drive, Random Road, Sugarland Drive and Timberwood Court. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract in the Amount of $102,716.00 With Criado and Associates, Inc., for Water Replacement Contract 2009, WM -D for the Replacement of the Deteriorated Water Mains Located on the Following Streets: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 12 of 56 (VII. CONSENT AGENDA Continued) Street Charter Oak Court Driftwood Court Quail Ridge Drive Random Road Sugarland Drive Timberwood Court From Random Road Random Road Lake Country Drive Crosswind Drive Crosswind Drive Random Road To South Cul -de -Sac South Cul -de -Sac Skylake Court Crosswind Drive Random Road South Cul -de -Sac 12. M &C C -24436 - Authorize an Engineering Agreement in the Amount of $180,295.00 with APM and Associates, Inc., for Water Replacement Contract 2009, WM -E on Hillside Avenue, Pate Drive, Putnam Street and Stark Street and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the Transfer of $198,295.00, From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $106,381.00 and Sewer Capital Projects Fund in the Amount of $91,914.00; and Adopting Appropriation Ordinance No. 19309 -09 -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 Replacement Contract 2009, WM -E; and Authorizing the City Manager to Execute an Engineering Agreement in the Amount of $180,295.00 With APM and Associates, Inc., for the Contract. 13. M &C C -24437 - Authorize Amendment No. 6 in the Amount of $302,905.00 to City Secretary Contract No. 31696 with TranSystems Corporation, d /b /a TranSystems Corporation Consultants, for Water and Sanitary Sewer Relocations for State Highway 121T, Southwest Parkway, Part 1, from Hulen Street to Summit Avenue. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Amendment No. 6 in the Amount of $302,905.00 to City Secretary Contract No. 31696 With TranSystems Corporation, d /b /a TranSystems Corporation Consultants, for Water and Sewer Relocations for State Highway 121T, Southwest Parkway, Part 1, From Hulen Street to Summit Avenue, Thereby Increasing the Contract Amount to $1,436,233.00. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. * *OCS - 1784 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 13 of 56 IX. SPECIAL PRESENTATIONS, , 1. Presentation by Hispanic Heritage Employe e Celebration Ms. Shelly Garcia, Chair of the Hispanic Heritage Employee Celebration advised that this was the 9th Annual Hispanic Heritage Employee Celebration (HHEC) which was put on each year by City Employees. She and the HHEC Committee invited Council, staff and citizens to attend the event on September 16, 2010 from 11:00 a.m. to 1:30 p.m. on the northeast side of City Hall. She stated the festivities would feature a keynote speaker address by Robert Munoz, Vice President, Continuing Education Services, Tarrant County College Trinity River Campus. She also stated that food would be available from several vendors and along with entertainment. Council Member Espino presented a Certificate to the HHEC Committee in honor of the Hispanic Heritage Month long celebration. He stated that since its founding, the nation had derived much of its strength from the many cultures and races that had shaped its history, including the millions of Hispanic men and women who came from Spain, Mexico, the Caribbean and Central and South America to the United States, in search of peace, freedom and a more prosperous future. He further stated that the City took pride in its diversity and recognized that the success of the nation and City was closely tied to the contributions of Hispanic residents and was committed to ensuring that Hispanics had the opportunities needed to succeed and to realize their dreams. He advised that the City of Fort Worth history was rich with local Hispanic leaders and citizens whose roles shaped the community on a daily basis. He pointed out that the people of Hispanic descent were a large and thriving force in the community and a vital part of the economy, and comprised over 30% of Fort Worth's population. He stated that the City honored and applauded the Hispanic Heritage Employee Committee for its hard work, time and commitment to ensure that Hispanic endeavors, traditions and customs were recognized and celebrated each year since 1991. He added that Hispanic Heritage Month which was held September 15, 2010 through October 15, 2010, was a time when many of the Latin countries celebrated their Independence. 2. Presentation of Proclamation Historic Worth Heights Nei hhorhoocl Day Council Member Burns presented a Proclamation for Historic Worth Heights Neighborhood Day to Mr. Joe Guerrero, Chairman, 100 Years Celebration Committee and Vicki Bargas, President, Worth Heights Neighborhood Association. He stated that established in 1910, the Historic Worth Heights Neighborhood, one of the oldest Hispanic neighborhoods in Fort Worth, was founded by Hispanic railroad workers. He stated the workers brought their families to live in the area where they made their livelihood, eventually building homes and a church as well as opening stores and became a real community. He further stated that upon returning home from World War II, these men began to work at better jobs, build better homes, and asked for a school to be built to educate their children. He advised that they formed a partnership with the City of Fort Worth to improve their neighborhood by asking for paved streets, stop signs, and sidewalks for the children to walk to school. He further advised that the people of Worth Heights Neighborhood continued to act as one family, looking out for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 14 of 56 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. — #2 Continued) each other, helping each other in their daily lives and by raising their children to be active participants in civic life. He stated that the Worth Heights people encouraged their children to further their education, thereby producing many professionals, educators, and entrepreneurs. He pointed out that Worth Heights was flourishing as many of the descendants of the early railroad workers still lived in or had returned to the neighborhood. He also added that many other families have moved to the area and they continued the proud tradition of being involved in their community and with the greater Fort Worth community. Mr. Guerrero expressed appreciation for the recognition and invited everyone to attend the Worth Heights 100th Anniversary Celebration on September 16, 2010 at Las Ranitas Restaurant. He pointed out that Council Member Burns would be the keynote speaker and those interested could contact 817- 929 -7766 for more information. 3. Presentation of Certificates of Recognition to Former Board and Commission Members Council Member Jordan presented Certificates of Recognition to the following former Board and Commission members: Mr. Limous Walker, for his service on the Mayor's Committee on Persons with Disabilities from October 12, 2004, through July 27, 2010. Council Member Jordan advised that the following individuals were unable to attend the meeting to receive a Certificate of Recognition: Mr. Doug Knott, for his service on the Mayor's Committee on Persons with Disabilities from March 27, 2007, through July 27, 2010. Ms. Isabell Montgomery, for her service on the Mayor's Committee on Persons with Disabilities from October 12, 2004, through July 27, 2010. Ms. Rosla Hocker, for her service on the Mayor's Committee on Persons with Disabilities from December 12, 2006, through July 27, 2010. Mr. Robert Hampton, for his services on the Area Metropolitan Ambulance Authority from September 9, 2003 through May 11, 2010. Ms. Diann Stadler, for her service on the Fort Worth Commission for Women from May 12, 2009, through July 27, 2010. Ms. Tobi Jackson, for her service on the Parks and Community Services Advisory Board from October 21, 2008, through July 20, 2010. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 15 of 56 ��ili 1111111111 iii 11411 w w, go IMM 1. Upcoming a nd Recent Events Council Member Espino expressed appreciation to the Police Department staff for the assistance that they provided at the Hispanic Heritage Parades, specially the Northside parade. He also announced that Zoning Docket No. ZC -10 -094 would be continued to the November 9, 2010, City Council Meeting in order to allow the applicant to continue to look for an alternate site location. Council Member Burns announced that Zoning Docket No. ZC- 10 -104B would be continued to the October 12, 2010, City Council meeting. He also announced that the Ribbon Cutting Ceremony and Open House for the new Central Division Facility of the Fort Worth Police Department would be held on September 15, 2010, from 2:00 p.m. to 4:00 p.m., at 1289 Hemphill Street. He also announced that his monthly office hours would be held on the September 22, 2010, from 3:00 p.m. to 7:00 p.m., at the Texas Christian University Student Center, located at 2901 Stadium Drive. He stated the office hours would be held on the fourth Thursday because he would be the keynote speaker at the Worth Heights 100th Anniversary Celebration on September 16, 2010 at Las Ranitas Restaurant. He also introduced new District 9 Council Aide Deyra Galvan. He advised she would replace temporary District 9 Aide Melissa Mitchell, who had held the position for the last 10 months. He advised that Ms. Mitchell provided wonderful assistance and would be missed. Council Member Scarth expressed appreciation to all who attended the Grand Opening of Fire Station No. 27, located at 200 Holder Drive. He also expressed appreciation to Mayor Moncrief for providing a memorable 9/11 memorial and reminded everyone to remember the first responders and everyone affected by the 9/11 tragedy. Council Member Burdette advised that the weather was great for the 2010 Jazz on the Boulevard event. He stated the event was a great success and was well attended by many people across the metroplex. Mayor Moncrief wished Council Member Hicks a happy birthday. Council Member Hicks advised that she attended a hearing in Brownsville, Texas, along with Jay Chapa, Director, and Cynthia Garcia, Assistant Director, Housing and Economic Development Department, regarding grant funding for projects in the City. She stated that she was pleased to announce that the City would receive $46 M in funding for projects at the following locations: Terrell Heights, Race Street, Prince Hall, and Sedona. She also expressed appreciation to Housing and Economic Development Department staff and Mayor Moncrief for their support of the funding efforts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 16 of 56 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Mayor Moncrief expressed appreciation to Mr. Bob James, Worthington Hotel, and stated every year he provided hotdogs and hamburgers to first responders as a way to honor those affected by the tragic events on 9/11. He encouraged everyone to express their appreciation to Mr. James and stated it was wonderful way to pull first responders in the area together every year. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL There were no changes in membership on boards or commissions. Mayor Moncrief advised at this time Mr. Horatio Porter, Budget Officer, City Manager's Office, would provide a staff report on the FY2011 proposed budget. Mr. Porter appeared before Council and provided an update on the proposed FY2011 budget and stated the following services were restored in the FY2011 budget: ■ No closures of fire stations • No furloughs days - 3% pay restoration (General Employees) • Restore funding for Citywide mowing • No library closures — pending review in 6 months • Delay merger of Library / Parks Consolidation — pending committee review • Maintain hours at Community Centers • Restore partial funding for Directions Home • Restore funding for Alleyway Cleaning • Increase funding for arterials and Capital Improvement programs He further advised that the proposed budget resulted in no tax rate increase, no layoffs in the Police and Fire Departments and continued investment in City infrastructure. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 17 of 56 a. Report of City Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 18 of 56 (BH -254 Continued) Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Authorize the Transfer of $138,498.00, From the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010 -2011 Project Account) for the City's Payment in Lieu of Services; Authorize the Transfer of $189,518.00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010 -2011 Project Account) for the City's Payment in Lieu of Assessments; Adopt Appropriation Ordinance No. 19311- 09 -2010 Increasing Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of $1,856,172.00 From Available Funds for the Purpose of Funding Improvements and Services in Public Improvement District No. 1 (Downtown); Authorize the Transfer of $34,354.00 for Administrative Fees From the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the Proposed 2010 Assessment Role; Adopt Appropriation Ordinance No. 19312 -09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $34,354.00 Contingent Upon the Adoption of the Fiscal Year 2010 -2011 Budget for the Purpose of Funding the FY10 -11 Public Improvement District Administration by the Housing and Economic Development Department; and Authorize the City Manager to Execute an Agreement With Downtown Fort Worth, Inc., to Provide Management and Improvement Services for the Downtown PID During the 2010 -2011 Fiscal Year for the Sum of $328,679.00. 2. M &C BH -255 - Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 6 Concerning the Proposed Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010 -2011, and Authorize Execution of Agreement with Premier Communities Management Company to Manage the District (Park Glen). (PUBLIC HEARING) The recommendation was that the City Council Conduct a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Fort Worth Public Improvement District 6 (Park Glen PID) for Fiscal Year 2010 -2011; Approve the 2010 -2011 Fiscal Year Budget and Five (5) Year Service Plan for the Park Glen PID; Adopt Ordinance No. 19313 -09 -2010 Levying Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth Public Improvement District 6 During Fiscal Year 2010 -11; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Authorize the Transfer of $136,558.00 From the General Fund to the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2010 -2011 Project Account) for the City's Payment in Lieu of Services; Adopt Appropriation Ordinance No. 19314 -09 -2010 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 19 of 56 (BH -255 Continued) Increasing Estimated Receipts and Appropriations in the Public Improvement District 6 Fiscal Year 2010 -2011 Project Account of the Special Assessment District Fund in the Amount of $1,295,241.00 From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Management and Improvement Services for Public Improvement District 6 During Fiscal Year 2010- 2011; Authorize the Transfer of $23,174.00 for Administrative Fees From the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments; Adopt Appropriation Ordinance No. 19315 -09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $23,174.00 From Available Funds, Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments for Management and Improvement Services for Public Improvement District 6 During Fiscal Year 2010 -2011; and Authorize the City Manager to Execute an Agreement with Premier Communities Management Company, to Provide Management and Improvement Services for the Park Glen PID During the 2010 -2011 Fiscal Year for the Sum of $100,246.00. 3. M &C BH -256 - Conduct a Public Benefit Hearing for Public Improvement District 7 Concerning Proposed 2010 -2011 Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010 -2011, and Authorize Execution of an Agreement with Premier Communities Management Company to Manage the District (HERITAGE). (PUBLIC HEARING) The recommendation was that the City Council Conduct a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Fort Worth Public Improvement District 7 (Heritage PID) for Fiscal Year 2010 -2011; Approve the 2010 -2011 Fiscal Year Budget and Five (5) Year Service Plan for the Heritage PID; Adopt Ordinance No. 19316 -09 -2010 Levying Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth Public Improvement District 7 During Fiscal Year 2010 -11; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Authorize the Transfer of $136,558.00 From the General Fund to the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2010 -2011 Project Account) for the City's Payment in Lieu of Services; Adopt Appropriation Ordinance No. 19317 -09 -2010 Increasing Estimated Receipts and Appropriations in the Public Improvement District 7 Fiscal Year 2010 -2011 Project Account of the Special Assessment District Fund in the Amount of $1,461,664.00 From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments For Management and Improvement Services for Public Improvement District 7 During Fiscal Year 2010- 2011; Authorize the Transfer of $25,862.00 for Administrative Fees From the Special Assessment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 20 of 56 (BH -256 Continued) District Fund (Public Improvement District 7 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the Ordinance Levying Assessments; Adopt Ordinance No. 19318 -09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $25,862.00 From Available Funds, Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments for Management and Improvement Services for Public Improvement District 7 During Fiscal Year 2010 -2011; and Authorize the City Manager to Execute an Agreement with Premier Communities Management Company to Provide Management and Improvement Services for the Heritage PID During the 2010 -2011 Fiscal Year for the Sum of $149,472.00. 4. M &C BH -257 - Conduct a Public Benefit Hearing for Public Improvement District 8 Concerning the Proposed Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010 -2011, and Authorize Execution of Agreement with Camp Bowie District, Inc., to Manage the District (CAMP BOWIE). (PUBLIC HEARING) The recommendation was that the City Council Conduct a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Fort Worth Public Improvement District 8 (Camp Bowie Corridor PID) for Fiscal Year 2010 -2011; Approve the 2010 -2011 Fiscal Year Budget and Five (5) Year Service Plan for the Camp Bowie Corridor PID; Adopt Ordinance No. 19319 -09- 2010 Levying Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth Public Improvement District 8 During Fiscal Year 2010 -11; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19320 -09 -2010 Increasing Estimated Receipts and Appropriations in the Public Improvement District 8 Fiscal Year 2010 -2011 Project Account of the Special Assessment District Fund in the Amount of $367,000.00 From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments For Management and Improvement Services for Public Improvement District 8 During Fiscal Year 2010 -2011; Authorize the Transfer of $7,340.00 for Administrative Fees From the Special Assessment District Fund, (Public Improvement District 8 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the Ordinance Levying Assessments; Adopt Ordinance No. 19321 -09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $7,340.00 From Available Funds, Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments for Management and Improvement Services for Public Improvement District 8 During Fiscal Year 2010 -2011; and Authorize the City Manager to Execute an Agreement with Camp Bowie District, Inc., to Provide Management and Improvement Services for the Camp Bowie Corridor PID During the 2010 -2011 Fiscal Year for the Sum of $73,400.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 21 of 56 5. M &C BH -258 - Conduct a Public Benefit Hearing for Public Improvement District 11 Concerning the Proposed Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010 -2011, and Authorize Execution of an Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to Manage the District (Stockyards). (PUBLIC HEARING) The recommendation was that the City Council Conduct a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Fort Worth Public Improvement District 11 (Stockyards PID) for Fiscal Year 2010 -2011; Approve the 2010 -2011 Fiscal Year Budget and Five (5) Year Service Plan for the Stockyards PID; Adopt Ordinance No. 19322 -09 -2010 Levying Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth Public Improvement District 11 During Fiscal Year 2010 -11; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19323 -09 -2010 Increasing Estimated Receipts and Appropriations in the Public Improvement District 11 Fiscal Year 2010 -2011 Project Account of the Special Assessment District Fund in the Amount of $64,649.00 From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments For Management and Improvement Services for Public Improvement District 11 During Fiscal Year 2010 -2011; Authorize the Transfer of $2,000.00 for Administrative Fees From the Special Assessment District Fund (Public Improvement District 11 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the the Proposed 2010 Assessment Role; Adopt Ordinance No. 19324 -09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,000.00 From Available Funds, Contingent Upon the Adoption of the Proposed 2010 Assessment Role for Administrative Fees and Management and Improvement Services for Public Improvement District 11 During Fiscal Year 2010 -2011; and Authorize the City Manager to Execute an Agreement With the Fort Worth Stockyards Preservation Foundation, Inc., to Provide Management and Improvement Services for the Stockyards PID During the 2010 -2011 Fiscal Year for the Sum of $10,774.00. 6. M &C BH -259 - Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 12 Concerning the Proposed Budget and Five Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010 -2011, and Authorize Execution of Agreement with Chapel Hill of Fort Worth Community Association, Inc., and RTI/Communities Management Associates, Inc., d /b /a CMA to Manage the District (Chapel Hill). (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 22 of 56 (BH -259 Continued) The recommendation was that the City Council Conduct a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Fort Worth Public Improvement District 12 (Chapel Hill PID) for Fiscal Year 2010 -2011; Approve the 2010 -2011 Fiscal Year Budget and Five (5) Year Service Plan for the Chapel Hill PID; Adopt Ordinance No. 19325 -09 -2010 Levying Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth Public Improvement District 12 During Fiscal Year 2010 -11; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19326 -09 -2010 Increasing Estimated Receipts and Appropriations in the Public Improvement District 12 Fiscal Year 2010 -2011 Project Account of the Special Assessment District Fund in the Amount of $50,500.00 From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments For Management and Improvement Services for Public Improvement District 12 During Fiscal Year 2010 -2011; Authorize the Transfer of $2,000.00 for Administrative Fees From the Special Assessment District Fund, (Public Improvement District 12 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the Ordinance Levying Assessments; Adopt Ordinance No. 19327- 09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,000.00 From Available Funds, Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments for Administrative Fees for Management and Improvement Services for Public Improvement District 12 During Fiscal Year 2010 -2011; and Authorize the City Manager to Execute an Agreement With Chapel Hill of Fort Worth Community Association, Inc., and RTI/Communities Management Associates, Inc., d /b /a CMA, to Provide Management and Improvement Services for the Chapel Hill PID During the 2010 -2011 Fiscal Year for the Sum of $5,000.00. 7. M &C BH -260 - Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 14 Concerning the Proposed Budget and Five Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010 -2011, and Authorize Execution of an Agreement with Downtown Fort Worth Inc., to Manage the District (Trinity Bluff). (PUBLIC HEARING) The recommendation was that the City Council Conduct a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Fort Worth Public Improvement District 14 (Trinity Bluff PID) for Fiscal Year 2010 -2011; Approve the 2010 -2011 Fiscal Year Budget and Five (5) Year Service Plan for the Trinity Bluff PID; Adopt Ordinance No. 19328 -09 -2010 Levying Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth Public Improvement District 14 During Fiscal Year 2010 -11; Fix Charges and Liens Against Property in the District and Against the Owners Thereof, Provide for the Collection of Such Assessments; Reserve CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 23 of 56 (BH -260 Continued) Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19329 -09 -2010 Increasing Estimated Receipts and Appropriations in the Public Improvement District 14 Fiscal Year 2010 -2011 Project Account of the Special Assessment District Fund in the Amount of $29,195.00 From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, For Management and Improvement Services for Public Improvement District 14 During Fiscal Year 2010 -2011; Authorize the Transfer of $2,000.00 for Administrative Fees From the Special Assessment District Fund (Public Improvement District 14 Fiscal Year 2010 -2011 Project Account) to the Special Trust Fund Contingent Upon the Adoption of the Ordinance Levying Assessments; Adopt Ordinance No. 19330- 09 -2010 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,000.00 From Available Funds, Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments for Administrative Fees for Management and Improvement Services for Public Improvement District 14 During Fiscal Year 2010 -2011; and Authorize the City Manager to Execute an Agreement With the Downtown Fort Worth, Inc., to Provide Management and Improvement Services for the Trinity Bluff PID During the 2010 -2011 Fiscal Year for the Sum of $1,575.00. b. Citizen Presentations Ms. Caroline Sherman, 5751 Kroger Drive, Suite 193, Keller, Texas 76244, completed a speaker card in support of Mayor and Council Communication No. 131-1-255, but did not wish to address the Council. Ms. Carla Felipe, 9536 Courtright Drive, Keller, Texas 76244, completed a speaker card in support of Mayor and Council Communication No. 131-1-256, but did not wish to address the Council. Mr. Steve Murrin, 500 Northeast 23rd Street, completed a speaker card in support of Mayor and Council Communication No. 131-1-258, but did not wish to address the Council. c. Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the public hearings be closed and Mayor and Council Communication Nos. 131-1-254, 131-1-255, BH- 256, BH -257, 131-1-258, BH -259 and BH -260 be approved as recommended and the associated ordinances be adopted as previously recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 24 of 56 B. General .......... Residential Area, Provide a Bilingual Waiver Form with Exhibit and to Provide a Definition for Grandfathered Site (Continued from a Previous Meeting) The recommendation was that the City Council adopt an Ordinance Amending the Code of Ordinances of the City of Fort Worth by Amending Article II of Chapter 15, "Gas" Entitled, "Gas Drilling and Production," Regulating the Drilling and Production of Gas Wells Within the City to Amend Sec. 15- 39, "Suspension or Revocation of Gas Well Permit; Issuance of a Citation, Effect" to Allow the Gas Inspector to Suspend or Revoke the Gas Well Permit or Issue a Citation Without a Ten (10) Day Notice to Cure; to Amend Section 15 -31, "Definitions" to Revise the Definition of "Private Residential Areas" and to Provide a New Definition for a "Grandfathered Site "; to Amend Sect. 15 -36, "Gas Well Permitting Procedure" to Require a Bilingual Waiver Form and an Exhibit. Ms. Tolli Thomas, 5341 Wooten Drive, completed a speaker card in opposition to Mayor and Council Communication No. G- 17021, but did not wish to address the Council. It was the consensus of the Council that Mayor and Council Communication No. G -17021 be continued until the October 12, 2010, Council meeting. HEARING) Than 600 Feet from a Protecteo ... ljsp ... (Continued from a Previous MeqLj The City Council at its meeting of August 17, 2010, continued Mayor and Council Communication No. G- 17024. The recommendation was that the City Council consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit for the Mt. Tabor Lease Located at 3020 Village Creek Road, Less Than 600 Feet From a Protected Use. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 25 of 56 (G -17024 Continued) a. Report of Citv Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Mr. Charles Davis, representing Chesapeake Operating, Inc., 100 Energy Way, appeared before Council in support of Mayor and Council Communication No. G -17024 and provided a presentation regarding the request for the waiver. b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication No. G -17024 and stated that the money received from the harvesting of the minerals would be given back to the community in the form of a community center and pool located at the church. They stated that the church was committed to serving the community and that Chesapeake had tried very hard to meet all of the citizen requirements and address any concerns. They requested Council approve the drilling waiver. Dr. Theron Bowman, representing Greater Mt. Tabor Christian Center, 2513 South Edgewood Terrace Ms. Regina Blair, representing Stop Six Sunrise Addition Neighborhood Association, 2701 Lena Street (provided a handout) The following individuals completed a speaker card in support of Mayor and Council Communication No. G- 17024, but did not wish to address the Council. Ms. Cernoria Ford, 2513 South Edgewood Terrace Ms. Sequoia Ford, 2513 South Edgewood Terrace Mr. Duane Ford II, 816 Yellowstone Drive, Mansfield, Texas 76063 Ms. Annette Bowman, 2513 South Edgewood Terrace Mr. Elvis L. Bowman, Sr., 2513 South Edgewood Terrace Mr. Kenneth Hurst, 2513 South Edgewood Terrace Mr. John Shorts, 4612 Pine Ridge Lane Mr. Vernon Jones, Jr., 1728 Country Manor Road Mr. Edward Valentine Browne, 2616 Lena Street, appeared before Council in opposition to Mayor and Council Communication No. G -17024 and stated that drilling near his home would cause tremendous discomfort. He also stated that the noise was very disturbing and the heavy machinery had caused roof damage to his property. He advised that he was harassed on numerous occasions by representatives from Chesapeake Operating, Inc., who were trying to obtain his signature for the waiver request. He also advised that the representatives had written his name on the waiver, but he had not signed or authorized a waiver. He stated that was considered fraud and requested Council deny this request. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 26 of 56 (G -17024 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 27 of 56 The recommendation was that the City Council adopt a Resolution to Appoint Residents of the City of Fort Worth to the Board of Trustees of the City of Fort Worth Employees' Retirement Fund; and Appoint a Trustee to Fill the Remainder of the Unexpired Term for Place 9 on the Board of Trustees of the City of Fort Worth Employees' Retirement Fund for a Term Ending on August 31, 2011. The following individuals were recommended for appointment to the Board of Trustees: Mr. Jesus Payon, Place 8, term expiring August 31, 2012 Mr. Jim Hille, Place 9, term expiring August 31, 2011 Mr. William B. Gordon, Place 10, term expiring August 31, 2012 Mr. Mike Bickley, Place 12, term expiring August 31, 2010 Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17044 be approved as recommended and Resolution No. 3918 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council adopt an Ordinance Providing for the Issuance of Approximately $46,130,000.00, of the City of Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2010A; Providing for the Levy, Assessment and Collection of a Tax Sufficient to Pay the Interest on Said Certificates of Obligation and to Create a Sinking Fund for the Redemption Thereof at Maturity; Pledging Certain Revenues in Support of Said Certificates; Prescribing the Form of Said Certificates; and Ordaining Other Matters Relating Thereto; and Authorize Approximately $46,130,000.00 Combination Tax and Revenue Certificates of Obligation, Series 2010A, be Sold to Citigroup, the Bidder Offering the Lowest True Interest Rate of 2.777 Percent. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17045 be approved as recommended and Ordinance No. 19331 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 28 of 56 Mum, V The recommendation was that the City Council adopt an Ordinance Providing for the Issuance of $21,180,000.00 of the General Purpose Bonds Series 2010, of the City of Fort Worth, Texas, Bearing Interest at the Rates Hereinafter Set Forth and Providing for the Levy, Assessment and Collection of a Tax Sufficient to Pay the Interest on Said Bonds and to Create a Sinking Fund for the Redemption Thereof at Maturity; and Ordaining Other Matters Relating Thereto; and Authorize Approximately $21,180,000.00, City of Fort Worth, Texas, General Purpose Bonds, Series 2010, be Sold to Baird & Company at the Interest Rate of 3.127 Percent. Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17046 be approved as recommended and Ordinance No. 19332 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. W........... After w The recommendation was that the City Council adopt a Twenty -First Supplemental Ordinance Authorizing the Issuance and Sale of City of Fort Worth, Texas, Water and Sewer System Revenue Bonds, Series 2010C, in the Aggregate Principal Amount of $50,000,000.00; Repealing All Ordinances in Conflict Therewith; and Providing That This Ordinance Shall be in Force and Effect From and After the Date of its Passage; and Authorize Approximately $50,000,000.00 Water and Sewer System Revenue Bonds, Series 2010C, be Sold to Wells Fargo, the Bidder Offering the Lowest True Interest of 3.347 Percent. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17047 be approved as recommended and Supplemental Ordinance No. 19333 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 29 of 56 Q The recommendation was that the City Council confirm the Reappointment of Miss Sharon Barnes, as a Member of the City of Fort Worth Firefighters' and Police Officers' Civil Service Commission for a Three (3) Year Term Expiring October 1, 2013. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17048 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. c c c Ruff AK w The recommendation was that the City Council adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $57,494.07, and Decreasing the Unreserved, Undesignated General Fund Balance by the Same Amount, to Remedy Audit Findings; and Confirm Payment of $57,494.07 Made in Fiscal Year 2010 to the United States Department of Housing and Urban Development for Audit Findings. Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G -17049 be approved as recommended and Supplemental Appropriation Ordinance No. 19334 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council authorized the City Manager to Execute an Amendment to the Interlocal Agreement With the North Central Texas Council of Governments (NCTCOG) (City Secretary Contract No. 37800 Executed September 22, 2008), for the Local Air Quality Traffic Signal Project to Improve Traffic Signals Along West Berry Street From University Drive to Hemphill Street (Four (4) Signals), Hemphill Street From Morningside Drive to Felix Street (Five (5) Signals), Granbury Road From Gorman Street to Bilglade Road (Five (5) Signals) and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 30 of 56 (G -17050 Continued) 183 From SH -199 to Riverside Drive (Ten (10) Signals) in the Amount of $2,355,000.00; Authorize the City Manager to Accept $1,884,000.00 in Regional Transportation Council Local Funds From NCTCOG; Authorize the City Manager to Execute an Interlocal Agreement With Tarrant County to Contribute $108,000.00 (50 Percent of the Local Match) for the Traffic Signal Improvements on SH- 183; Authorize the Transfer of $363,000.00 From the 2007 Critical Capital Projects Fund to the Grant Capital Projects Fund for the Remaining Local Match; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects Fund in the Amount of $2,355,000.00, Upon Execution of the Interlocal Agreements With the NCTCOG, for the Purpose of Funding Local Air Quality Traffic Signal Improvements; and Authorize Payment of $471,000.00 to NCTCOG From the Prepaid Expenses Account in Lieu of Administrative Fees, Up Front, as the Required 20 Percent Match. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -17050 be approved as recommended and Appropriation Ordinance No. 19335 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C. Purchase of Equipment, Materials, and Services ,1 Resources Contract for an Initial Amount of $372,221.00 Funded Thro igh the Urban Areas Security Initiative Project Fund and the Information Systems Fund. 1 The recommendation was that the City Council Authorize a Purchase Agreement From Dell Marketing, L.P., for Hardware, Software Licensing, and Professional Services Using the State of Texas Department of Information Resources Contract Number DIR -SDD -890, for an Initial Amount of $372,221.00, Funded Through the Urban Areas Security Initiative (UASI) Project Fund and the Information Systems Fund. Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P -11163 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. MSC P -11164 - Authorize a Purchase Agreement with Workplace Resource for Workstations, r it re, Installation, and e ated Services for te Joint Emergencv Operat i ons Center, Using a U.S. C ®mmunitles Contract for an Initial Amount of $350,116.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 31 of 56 (P -11164 Continued) The recommendation was that the City Council authorize a Purchase Agreement With Workplace Resources for Workstations, Furniture, Installation and Related Services for the Joint Emergency Operations Center, Using the United States Communities Contract Number RQ07- 878957 -20A for an Initial Amount of $350,116.00. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P -11164 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. D. Land -- c Creek Park i Hallmark Park, Lincolnshire Park, outh Meadows Par ummer Creek Ranch 1 1 1 (PUBLIC The City Council at its meeting of August 17, 2010, continued Mayor and Council Communication No. L- 15044. The recommendation was that the City Council conduct a Public Hearing Under Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternative Exists to Use Creekside Park, Located at 3100 Roddy Drive, North of Roddy Drive, West of Cloverglen Lane and West of Meadow Creek Drive; Dabney Park, Located at 7501 Whirlwind Drive, South of Sycamore School Road and West of Cape Cod Drive; Deer Creek Park, Located at 11800 Hemphill Street, North of Balliol Lane and West of Hemphill Street; Hallmark Park, Located at 820 Sycamore School Road, North of Sycamore School Road, East of Union Pacific Rail Road and West of Trimble Drive; Lincolnshire Park, Located at 1425 Horncastle Street, South of Horncastle Street; South Meadows Park, 2300 Kelton Street, North of Kelton Street, North and East of Laurel Hill Court; Summer Creek Ranch Park, Located at 8501 Bentwater Lane, East of Bentwater Lane, North of Grapevine Terrace and Edenwood Drive and South of Valleyside Drive; and Willowcreek Park, Located at 1285 Sycamore School Road, North of Twin Oaks Trail, South and East of Willow Glen Circle and East of Camelot Road; for the Proposed Use; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Parkland and Include That the Proposed Use will Have No Impact on Use of the Surface of Parkland; Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 32 of 56 (L -15044 Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. Rer)ort of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. Tolli Thomas, representing Southwest Fort Worth Alliance, 5341 Wooten Drive, appeared before Council in opposition to Mayor and Council Communication No. L -15044 and requested Hallmark Park, Creekside Park and Summer Creek Ranch Park be removed from consideration because there were a number of unleased properties in the area. She stated that the citizens would not be fairly compensated if the large area of land surrounding their properties were already leased. She pointed out that with approval of this agenda item, Chesapeake's pool size would be increased and they could approach the Texas Railroad Commission to request the forced pooling of the remaining unleased properties. She stated again that leasing the subsurface minerals of the park sites would be a detriment to the property owners who did not have leases negotiated. c. Council Action Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L -15044 be approved as recommended. The motion carried seven (7) ayes to one (1) nay, with Council Member Hicks casting the dissenting vote and one (1) abstention by Council Member Jordan. 2. M&C L-15053 - Authorize t e Exchange and ation of Two City-O e arcs s for Thirteen Parcels Owned by the State of Texas and Authorize the Acceptance of Thirteen Parcels Owned by the State of Texas. The recommendation was that the City Council authorize the Exchange and Donation of Two (2) City Owned Parcels for 13 Parcels Owned by the State of Texas, in Accordance With Local Government Code 272.001(b)(3); Authorize the Acceptance of the Conveyance of the Thirteen (13) Parcels Owned by the State of Texas; and Authorize the City Manager or His Designee to Execute and Record the Appropriate Instruments Conveying the City's Parcels to Complete the Exchange. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 33 of 56 (L -15053 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L -15053 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 1344=0 i 0 �. Property Tax Code for a Total of $419,065.72. The recommendation was that the City Council authorize the Sale of 67 Tax - Foreclosed Properties in Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $419,065.72; and Authorize the City Manager, or His Designee to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in Compliance With the Bid Form Specifications to Complete the Sale. Council Member Hicks stated that per her discussion with Mr. Jay Chapa, Director, Housing and Economic Development Department, during the Pre - Council meeting, the properties in District 8 would be rezoned in accordance with the Comprehensive Zoning Plan. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15054 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 111:10 191 c c t , Roadway Project. The recommendation was that the City Council declare That Negotiations Between the City, its Agents, Subagents and the Landowner to Acquire a Total of 0.005 Acre of Land Owned by Tara Roberts and Known as 11701 Wild Pear Lane, Block 69, Lot 15, of The Villages of Woodland Springs, City of Fort Worth, Tarrant County, Texas, According to the Deed Recorded by Instrument No. D206397174, Plat Records, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Reach the Property Owner and Therefore Unable to Reach an Agreement to Purchase; Declare the Necessity to Take by Condemnation the Subject Property for the North Beach Street Phase I Roadway Project; Authorize the City Manager to Institute Condemnation Proceedings to Acquire Fee - Simple Interest in the Surface Estate, but Not the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 34 of 56 (L-15055 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-15055 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. E. Planning & Zoning 1. M&C PZ-2910 - Adopt an Or inance A e i t e S ubdivision OLdinance, Chapter 31 of the City Code, Article VI, Section 31-105, Storm Water Management, Relating to Platting Requirements for Federal Floodway Projects. The recommendation was that the City Council adopt an Ordinance Amending the Subdivision Ordinance of the City of Fort Worth, Being Ordinance No. 17154, Codified as Chapter 31 of the Code of City of Fort Worth, by Amending Article V1, "Subdivision Design Standards"; Section 31-105, "Storm Water Management" to Add an Exception for and a Definition of a Federal Floodway Project, for Projects Carried Out by the Tarrant Regional Water District. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. PZ-2910 be approved as recommended and Ordinance No. 19336-09-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 35 of 56 C -24422 Continued) The City Council at its meeting of August 24, 2010, continued Mayor and Council Communication No. C- 24422. The recommendation is that the City Council authorize the Use of Revenue Derived From Mineral Leases on City Owned Airports in the Amount of $413,000.00 for the Design and Construction of a Temporary Heliport at I -30 and Montgomery Street and Survey and Planning Services for Land Acquisition for a Permanent Heliport; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $413,000.00 From Available Funds for the Purpose of Funding Design and Construction Management Services Associated With Improvements at the Temporary Heliport and Survey and Planning Services for Land Acquisition for a Permanent Heliport; and Authorize the City Manager to Execute the Agreement in the Amount of $155,500.00; and Authorize $257,500.00 for Construction Costs Primarily Contracted Through Established Annual Agreements. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24422 Revised be approved as recommended and Appropriation Ordinance No. 19337 -09 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. 3. M &C C -24423 - Approve the I -35W, SH 121 Site Area F for a Downtown Fort Worth Heliport. It was the consensus of the Mayor and Council that Mayor and Council Communication No. C -24423 - Approve Area F (bounded by I -35W, SH 121, East Fourth Street and the Trinity River) as the selected site for a Downtown Fort Worth Public Use Heliport, as recommended by the Aviation Department's 2010 Heliport Feasibility and Siting Study subject to the following conditions (a) The Aviation Department Shall Work With the Federal Aviation Administration to Establish Arrival and Departure Corridors Utilizing I -35, SH 121, I -30 and the Trinity River as Safety Allows to Minimize the Adverse Impacts of Helicopter Operations Upon Nearby neighborhoods; (b) The Aviation Department Shall Prescribe Hours of Operation for the Heliport That Begin No Earlier Than 6:00 a.m. and End No Later Than 12:00 Midnight, Provided That Helicopter Operations Associated With Police, Medical and Other Emergency Services May Occur at the Heliport at Any Time and Any Other Exceptions Shall Be Preapproved in Writing by the Aviation Director; and (c) The Aviation Department Shall Work With Riverside Neighborhood Leaders and the City's Historic Preservation Officer to Commemorate the History of the Selected Site by Designing an Appropriate Historical Marker or a Suitable Work of Public Art for Placement at the Heliport be Withdrawn From Consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 36 of 56 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 37 of 56 (C -24440 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 38 of 56 (C -24443 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24443 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. . . . . . . . . . . . . . .. .. L1 Exceed $988,870.00. The recommendation was that the City Council authorize the Transfer of an Additional $488,870.00 of HOME Investment Partnerships Program Grant Funds to the Fort Worth Housing Finance Corporation to be Used for Targeted Infill Housing in the Terrell Heights Neighborhood. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24444 be approved as recommended with appreciation to the Housing and Economic Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. �, , Lancaster Avenue Medians. The recommendation was that the City Council authorize the City Manager to Enter into a Contract with Excitement Technologies, L.L.C., in the Amount of $153,823.55 for Lighting Enhancements to the Six (6) Sculptures on the Lancaster Avenue Medians, Titled "Avenue of Light" by Cliff Garten Studio. This Agreement Includes the Final Design, Fabrication and Installation of 11 Custom Stainless -Steel LED Light Fixtures and a Custom - Designed Wireless Control System for the Six (6) Sculptures on the Lancaster Avenue Medians, Which Extend From Lamar Street to East of the Main /Commerce Street Intersection. Funding for This Project Will Come From the Following Two (2) Sources: (1) $152,936.55 From the Public Art Fund of the Specially Funded Capital Projects Fund and (2) $887.00 From an Economic Development Initiative (EDI) Special Project Grant From the U.S. Department of Housing and Urban Development, Which Represents the Remainder of the EDI grant. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24445 be approved as recommended. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Scarth casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 39 of 56 The recommendation was that the City Council adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $2,123,000.00, and Decreasing the Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount, for the Purpose of Funding Year Three (3) of the GIS Stormwater Mapping Project for the Transportation and Public Works Department, Stormwater Management Division; and Authorize the City Manager to Execute an Agreement With Jacobs Engineering Group, Inc., for the Project. (Council Member Burns left his place at the dais.) Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24446 be approved as recommended and Supplemental Appropriation Ordinance No. 19339 -09 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. , ffill ... �1 Same 1 d Adopt Appropriation The recommendation was that the City Council adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $156,595.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Ludelle Channel Master Plan; and Authorize the City Manager to Execute an Engineering Agreement With Halff Associates, Inc., in the Amount of $156,595.00 for the Ludelle Channel Master Plan. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24447 be approved as recommended and Supplemental Appropriation Ordinance No. 19340 -09 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. r2ff le ndent School District, District CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 40 of 56 (C -24448 Continued) The recommendation was that the City Council authorize the City Manager to Execute an After School Program Agreement for an Amount Not to Exceed $1,280,000.00 With Four (4) School Districts That are Attended by Residents of Fort Worth to Include the Fort Worth Independent School District, the Crowley Independent School District, the Keller Independent School District and the White Settlement Independent School District to Operate an After- School Program at Selected Schools as a Juvenile Crime Prevention Measure During Fiscal Year 2011; and Authorize the Agreement to be Renewed for Up to Four (4) One (1) Year Periods Without Further Action From City Council. Council Member Jordan and Council Member Moss advised they 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 Espino, that Mayor and Council Communication No. C -24448 be approved as recommended. The motion carried five (5) ayes to zero (0) nays, with two (2) abstentions by Council Members Jordan and Moss and Council Member Burns absent. 15. M&C C-24449 - Authorize a cre se in the Estimated ExQ e nditures for te Professional Services Contract with Orchid Cellmark Forensics for the Fort Worth Police Department Under City Secretary Contract No. 37063, Authorize the Funding Level Increase for the Subsequent E2MLOption Years to an Amount Not to xcee $241,000 00. The recommendation was that the City Council Authorize an Increase in the Estimated Expenditures for the Professional Service Agreement, City Secretary Contract No. 37063, with Orchid Cellmark Forensics From the Estimated $141,000.00 to an Amount Not to Exceed $241,000.00; and Authorize a Funding Level Increase to $241,000.00 for the Remaining Two (2) Option Years. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24449 be approved as recommended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 41 of 56 (C-24450 Continued) Council Members Jordan and Moss advised they had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24450 be approved as recommended. The motion carried five (5) ayes to zero (0) nays, with two (2) abstentions by Council Members Jordan and Moss and Council Member Burns absent. (Council Member Burns returned to his place at the dais.) M11 UT, Dma fflo co-mmin of JP MoEgan Chase Bank N.A. for Property Located at Fort Worth Alliance Airport. The recommendation was that the City Council Execute a Consent to Assignment of a Ground Lease by Alliance No. 6 Building Partners L.P., to Commingled Pension Trust Fund (Strategic Property) of JP Morgan Chase Bank, NA ; and Issue a Lessor Estoppel Certificate and Consent to Commingled Pension Trust Fund (Strategic Property) of JP Morgan Chase Bank N.A. for Property Located at Fort Worth Alliance Airport. Council Members Jordan, Zimmerman, Hicks and Burns advised that they had a normal banking relationship with JP Morgan Chase Bank N.A. but it did not pose a conflict of interest. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-24451 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. pi Secondary and Filter Area Rehab and Modifications. The recommendation was that the City Council authorize the City Manager to Execute a Contract with Archer Western Contractors, Ltd., for the Village Creek Wastewater Treatment System Secondary and Filter Area Rehab and Modifications, in the Amount of $8,214,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 42 of 56 (C -24452 Continued) Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24452 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 19. MSC C -24453 - Authorize a Contract in the Amount of $1,586,928.00 with William J. Schultz, Inc., / /a as Circle "C" Construction a rte Woodvale Sanitary Sewer and Water Improvements Project and Adopt Appropriation Ordinances. The recommendation was that the City Council authorize the City Manager to Execute a Contract With William J. Schultz, Inc., d /b /a Circle "C" Construction Company for the Woodvale Sanitary Sewer and Water Improvements Project in an Amount Not to Exceed $1,586,928.00; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Lake Worth Capital Improvement Fund (Gas Wells) in the Amount of $1,718,863.00, From Available Funds, for the Purpose of Funding the Woodvale Sanitary Sewer and Water Improvements Project; and Authorize the Transfer of $1,718,863.00 From the Lake Worth Capital Improvement Fund to the Water Capital Projects Fund in the Amount of $361,509.00 and Sewer Capital Projects Fund in the Amount of $1,357,354.00; and Adopt an Appropriation Ordinance 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 the Project. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24453 be approved as recommended and Appropriation Ordinance Nos. 19341 -09 -2010 and 19342 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. ME Pro2ram at Como Elementary School for the 2010-2011 School Year and 1 c Adopt Appropriation The recommendation was that the City Council Authorize the City Manager to Execute an Agreement With the Fort Worth Independent School District in an Amount Up to $60,000.00 to Provide the Fort Worth After School Program at Como Elementary School for the 2010 -2011 School Year; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $60,000.00, Subject to Receipt of Payment From the Fort Worth Independent School District, for the Purpose of Operating an After School Program at Como Elementary School for the 2010 -2011 School Year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 43 of 56 (C -24454 Continued) Council Member Moss 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 Burdette made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24454 be approved as recommended and Appropriation Ordinance No. 19343 -09 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Moss. I I 1 I I The recommendation was that the City Council conduct a Public Hearing to Allow Citizen Input Regarding the Proposal to Amend the City's Neighborhood Stabilization Program Plan and the Intent to Change the Use of $339,500.00 of Neighborhood Stabilization Program Funds; Authorize a Change in Use and Expenditure of an Additional $339,500.00 in Neighborhood Stabilization Funds to Tarrant County Housing Partnership in the Form of a Subordinate Forgivable Loan Totaling $1,699,255.00 for the Acquisition and Development of the Beaty Street Apartments Located in the 5500 Block of Beaty Street in Fort Worth, Texas. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e 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 -24455 be approved as recommended with appreciation to the Housing and Economic Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 44 of 56 XIV. BUDGET HEARING 1. Fiscal Year 2010-2011 Approp iation Ordinance, De t Service Ordinance and Ad Valorem Tax Levy Ordinance. 1. e rt (See Agenda Item XI. Presentations by the City Council on page 16 for the Report of City Staff.) Mayor Moncrief reiterated that the following services were restored in the FY2011 budget: • No closures of fire stations • No furloughs days - 3% pay restoration (General Employees) • Restore funding for Citywide mowing • No library closures — pending review in 6 months • Delay merger of Library / Parks Consolidation — pending committee review • Maintain hours at Community Centers • Restore partial funding for Directions Home • Restore funding for Alleyway Cleaning • Increase funding for arterials and Capital Improvement programs He further advised that the proposed budget resulted in no tax rate increase, no layoffs in the Police and Fire Departments and continued investment in City infrastructure. 2. Citizen Presentations Ms. Tracey Michol, Human Relations Commission Member, 6131 Avery Drive, #8109, appeared before Council in support of Agenda Item XV. Budget Hearing and provided a detailed recount of her experience as a Human Relations Commissioner. She also expressed appreciation to City staff for assistance in education and training relative to the deaf and hard of hearing community. She provided three (3) suggestions to the Council: improve the accessibility of the City website to allow seamless navigation, with a focus on persons with disabilities, develop a volunteer program in support of city parks, library, and administration; and develop an incentive program in the form of a challenge to develop new business and opportunities for self - employment, with a special focus on persons requiring accommodation not already provided by existing organizations. The following individuals appeared before Council in opposition to Agenda Item XV. Budget Hearing and requested the Council continue funding for the Northside, Meadowbrook and Ridglea Branch libraries. They also stated that studies had shown that there was a correlation between high quality community services and crime or violence. They also stated that adding more fees such as the proposed transportation fee to the water bill would create more problems for people who already could CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 45 of 56 (XIV. BUDGET HEARING Continued) not afford to pay their bills. Two individuals suggested raising the tax rate to the rollback rate in order to recognize the same tax revenue from the previous year. They stated the libraries were an essential part of the education of the children of the City and were an invaluable safe place for people of all ages to spend their time. They also opposed the merging of the Library and Parks and Community Services Department and commended the City Manager on developing a study committee to review this merger. They stated that it did not make sense for a Librarian to be managing the City parks. They also requested the City Council respect the public /private investment with the Botanic Garden. They requested that more study committee members be added to the committee than proposed. Mr. Drake Benthall, 4020 West 7th Street Mr. Homer Davis, 6325 Klomath Road Ms. Catherine Norman, 3220 Spanish Oak Drive Ms. Suzie Jary, 6416 Locke Avenue Ms. Beverly Branham, 6487 Woodstock Road (provided photographs of the Ridglea Library and advised the library's condition was wrongly described during budget presentations in order to have them closed) Ms. Margaret DeMoss, representing Scenic Fort Worth, 2600 West 7th Street, #2644 Mr. CJ Lechner, 9920 Sparrow Hawk Lane (provided a list of budget solutions and suggestions) Ms. Irene Kjornes, 6176 Wrigley Way Ms. Libby Willis, 2300 Primrose Avenue (also requested staff place a daily digest with links to budget information on the City website in order to keep the citizens properly informed of the daily budget changes) Mr. Don Woodard, Sr., 3921 Stone Henge Road, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and relative to the Trinity Vision project. He stated in these tough economic times, the City should not be concerned with building high rise condos and a river walk. He also pointed out the City's contribution has significantly increased since the project's inception and would likely end up as a billion dollar project. Ms. Tanya Brown, 6437 Darwood Avenue, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget, and explained the purpose of the housing counseling provided in the Housing and Economic Development Department and stated that she would be laid off as part of the reduction in force. She recounted stories of various Fort Worth residents that she had counseled over the years and stated that the service provided to the citizens was priceless, especially during the economic downturn and the increasing rate of foreclosures. Ms. Barbara Ellis, 1812 Martel Avenue, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and provided a spreadsheet detailing problems and issues with the home appraisal values, relative to the Tarrant Appraisal District (TAD). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 46 of 56 (XIV. BUDGET HEARING Continued) Mayor Moncrief requested that City Manager Fisseler schedule a meeting with the TAD to discuss the findings. Dr. Norma Esparza, 4916 Marble Falls Road, appeared before Council in opposition to the City Manager's proposed Fiscal Year 2011 (FY 2011) Budget and requested the Community Relations Department be left in tact and funding for support of the Human Relations Commission be put back in the budget. She stated that the women's health initiative was an important part of community outreach. Ms. Tolli Thomas, representing Wedgwood Square Neighborhood Association, 5341 Wooten Drive, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and relative to specific budget documents not placed on the City website. She stated that certain budget documents were not made available to the citizens without an open records request. She stated the citizens needed all of the budget documents in order to review the proposed documents and offer suggestions. She added the private enterprise was feasting while the public was suffering. Mr. Jimmy A. Defoor, 10308 Little Valley Road, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and suggested the Council raise the property taxes by $0.02 to close the gap from the expected property tax revenue due to decline in property values. Mr. Harry Lundvall, representing the United Coalition of Employees, 1825 Fairmount, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and the reduction in force of City employees. He advised that all employees should be treated equally and fairly and if cuts were necessary then they should include all departments. Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and stated that the City could not expect to use the same people and expect changes. He also stated that the Council was responsible for crashing the budget. He stated that the Council approved a one million dollar contract to a low bidder for alley mowing and the company tried to mow the alleys with a propane mower. He stated that the contractor should have known that he could not use a propane mower had he ever mowed an alley before. He also stated that $6.5M spent on the Zipper Building should have been spent on the City employees' salaries. He also advised that there was no reason to spend money on the 7th Street Bridge lighting. He suggested the Council place a gas well on each golf course in order to generate more money for the City. He also expressed appreciation to the City Secretary's Office staff for their assistance at the Council meetings. Carol Sullivan, 5216 Carol Avenue, expressed appreciation to the Mayor for his 9/11 remarks and requested more financial transparency. She also questioned the need for "proper process." She requested staff place City employee's salaries on the City website. She also advised that she lived in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 47 of 56 (XIV. BUDGET HEARING Continued) the same neighborhood as Ms. Regina Blair, who spoke earlier on Mayor and Council Communication No. G -17024 and represented the Stop Six Sunrise Addition Neighborhood Association. Ms. Sullivan stated that there had not been any neighborhood meetings and she had never seen or met Ms. Blair before the Council meeting, yet this neighborhood association was in favor of that agenda item. She added her concerns for the $1.2 million HUD Grant and what it was to be used for. She also stated that she attended the Public Safety Fair and had advised how smaller issues could quickly turn into large issues and provided photographs of various code violations throughout the City. The following individuals completed speaker cards in opposition to the proposed Fiscal Year 2010- 2011 Budget as recommended by the City Manager, but did not wish to address the Council. Mr. Andy Bradshaw, 6448 Rosemont Avenue Mr. Gilman Tracy, 6428 Rosemont Avenue Ms. Betty Hove, 4021 Shadow Drive Mr. Ronald Thomas, 1113 Carpenters Street, Azle, Texas 76020 Ms. Betty Story, 2625 Canton Drive Mr. Mike Phipps, 4451 Normandy Road Ms. Marlene Quinn, 4213 Blackhawk Avenue Ms. Mary Ann Kleuser, 7012 Tumbling Trail Ms. Jane Bass, 3221 Spanish Oak Drive Mr. Henry Wilder, 1612 Cienegas Circle Ms. Dorothy Moreland, 4016 West 7th Street Ms. Una Bailey, 6216 Locke Avenue Ms. Jennifer Harnish, 7316 Old Mill Run Mr. Glen Estes, 6909 Church Park Drive Ms. Frances Mizell, 6712 Medinah Drive Mr. W. A. Mizell, 6712 Medinah Drive Ms. Karyn Jones, 6433 Greenway Road Mr. Raymond Medrano, 1412 Circle Park Boulevard Ms. Deborah Medrano, 1412 Circle Park Boulevard Ms. Melanie Arrington Smith, 2400 Harrison Avenue Ms. Dotty Woodson, 209 Crestwood Ms. Brooke Lively, 4706 Harley Avenue XV. ZONING HEARING It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on August 27, 2010. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 48 of 56 (XV. ZONING HEARING Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Kevin Ensley, representing Southwestern Seminary, 2001 West Seminary Drive, appeared before Council and advised that the Seminary would like to continue expanding their campus by building up, rather than out, in order to preserve the green space. He requested Council approve this item. Mr. Wages Forman, representing Southwestern Seminary, 2001 West Seminary Drive, completed a speaker card in support of Zoning Docket No. ZC -10 -090, but did not wish to address the Council. Mr. Robert Snoke, 3826 6th Avenue, completed a speaker card in opposition to Zoning Docket No. ZC- 10 -090 and was recognized by Mayor Moncrief, but was not present in the Council Chamber. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -090 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. It appeared that the City Council, at its meeting of August 17, 2010, continued Zoning Docket No. ZC- 10 -092, Southwestern Baptist Theological Seminary, Generally Bounded by Bolt Street, 8th Avenue, James Avenue, Covert Street, & BNSF Railway From "B" Two - Family, "C" Medium Density Multi - Family, "CF" Community Facilities, "E" Neighborhood Commercial and "FR" General Commercial Restricted to "PD /CF" Planned Development for All Uses in "CF" Community Facilities With a Maximum Height of 75 feet; Site Plan Waiver Recommended. Mr. Pieter Kessels, 10300 North Central Expressway, Suite 110, Dallas, Texas 75231, completed a speaker card in support of Zoning Docket No. ZC -10 -092, but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 49 of 56 (ZC-10-092 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC- 10-092 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. .............. r1w,121111,11111i, 111111,1111111 Plus metal recycling facifily; site plan included. (Recommended for Approval) (Continued from a Previous Meetiny� It appeared that the City Council, at its meeting of August 10, 2010, continued Zoning Docket No. ZC- 10-094, Commercial Metals Company, 2400 NE 36th Street; From "K" Heavy Industrial to "PD/K" Planned Development for All Uses in "K" Heavy Industrial Plus Metal Recycling Facility; Site Plan Included. Ms. Margaret DeMoss, 2600 West 7h Street, #2644, completed a speaker card in opposition to Zoning Docket No. ZC-10-094, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-10-094 be continued until the November 9, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ............. Block 62, Lots I & 2; from: "corhood Commercial to: "ER" Nei hborhood It appeared that the City Council, at its meeting of August 3, 2010, continued Zoning Docket No. ZC- 10-10413, City of Fort Worth Planning & Development, Far Greater Northside Neighborhood, Phase 3 2801 & 2805 Chestnut, Rosen Heights First Filing, Block 62, Lots I & 2; from "E" Neighborhood Commercial to: "ER" Neighborhood Commercial Restricted. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-10-104B be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 1„ I 1 1 Wn plan included. (Recommended for Denial) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 50 of 56 (ZC -10 -108 Continued) Mr. Michael Banta, 3209 Greene Avenue, completed a speaker card in support of Zoning Docket No. ZC -10 -108, but did not wish to address the Council. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -108 be continued until the October 12, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. jr c c c, c. The following individuals completed a speaker card in support of Zoning Docket No. ZC -10 -090, but did not wish to address the Council. Ms. Maria Ruiz, 5908 Heatherglen Terrace Ms. Connie Salazar, 3724 Schwartz Avenue Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 10 -116A be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 51 of 56 (ZC- 10 -116B Continued) It appeared that the City Council, at its meeting of August 24, 2010, continued Zoning Docket No. ZC- 10-116B, City of Fort Worth Planning & Development, Far Greater Northside Neighborhood, Phase 4 312 NW 28th Street, 2911, 2913, 3107, & 3221 N. Main Street; From "FR" General Commercial Restricted, "I" Light Industrial, "J" Medium Industrial, and "PD -834" Planned Development to "FR" General Commercial Restricted, "PD /I" Planned Development for All Uses in "I" Light Industrial Excluding Bar, Tavern, Cocktail Lounge, Club, Private or Teen, Club, Commercial or Business, Massage Parlor, Liquor or Package Store, Tattoo Parlor, Pawn Shop, Crematorium, Fabricating or Manufactured Housing, Manufactured Home/RV Repair, Paint Mixing or Spraying, Paper Box Manufacture, Sheet Metal Shop, Warehouse or Bulk Storage, Sexually Oriented Business, Manufacture of Aluminum, Brass or Other Metals From Bone, Paper, Rubber, Leather or Plastics a 10x20 Landscaped Bufferyard With Screening Fence and Five (5) New Trees a Minimum 3" Caliper to be Located at West Property Line Adjacent to Residential, the Supplemental Setback Adjacent to Residential to be a Minimum of 25', All Uses to be Conducted Indoors; Site Plan Waiver Requested and Retain "PD -834" Planned Development for E Uses Plus Hotel, Site Plan Included. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC- 10 -116B be approved as amended to deny 312 NW 28th Street and continue 2911, 2913, 3107 and 3221 North Main Street until the September 21, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -10 -117 be approved with appreciation to the Planning and Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. 9. Zoning Docket No. ZC -10 -118 - (CD 8) - City of Fort Worth Planning & Development, Portion of Polytechnic Heights Neighborhood, Phase 2 Generally bounded by E. Vickery Boulevard, Miller Avenue, Avenue J, & S. Beach Street; from: "A -7.5" One - Family, "A -5" One - Family, "B" Two - Family, "CR" Low Density Multifamily, "C" Medium Density Multifamily, "C/DD" Medium Density Multifamily/Demolition Delay, "E" Neighborhood Commercial, "E/HC" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 52 of 56 (ZC -10 -118 Continued) Neighborhood Comm ercial/Historical and Cultural Overlay, "MU -1" Low Intensity Mixed -Use, "MU -1/HC" Low Intensity Mixed- Use/Historical and Cultural Overlay, "FR" General Commercial Restricted, "F/HC" General Commercial/Historical and Cultural Overlay, "I" Light Industrial, "J" Medium Industrial, and "PD 85" Planned Development to: "A -5" One - Family, "B" Two - Family, "CF" Community Facilities, "CF/HC" Community Facilities/Historical and Cultural Overlay, "UR" Urban Residential, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "MU -1" Low Intensity Mixed -Use, "MU -1/DD" Low Intensity Mixed- Use/Demolition Delay, "MU -1/HC" Low Intensity Mixed - Use/Historical and Cultural Overlay, "FR" General Commercial Restricted and "I" Light Industrial (Recommended for Approval) Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -10 -118 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. . 1 1 Nei2hborhood Commercial uses plus mini-warehouse and outside stora2e to add additional ft. sidewalk buffer) c c Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -10 -119 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. 1' Facilities (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -10 -122 be approved with appreciation to Planning and Development Department staff and the Keller Independent School District. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised that Zoning Docket Nos. ZC -10 -123, ZC -10 -124, ZC -10 -125, ZC -10- 10 -126, ZC -10 -127, ZC -10 -128, ZC -10 -129, ZC -10 -130, ZC -10 -131 and ZC -10 -132 would be considered under one motion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 53 of 56 I ........ u"JUMINIRM "RE"M .......................................... ......... .................. I EA WMAMUM-W U, l"I WARIM111111 ''I'll'' 01vili'm 11111111 11 In 1 1,111 ........ ... I qi�pl 11111 1 Nei2hborhood Commercial Restricted/Historic & Cultural Overlav (Recommended for "M J-K"j=' wjl� 1"J'AL J"I 111"'11=11,10 1. MUM RM ......................... .........................................I (Recommended for Approvid MUMV Molwltip)w ..................... I'M -, ......... M", "m 1111111111 ir i! mn mg��Inmw I � �� Ili ..... §111 ..... 1. 1 ..... ummo .............................. (Recommended for Approval) Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket Nos. ZC- 10- 123, ZC- 10- 124, ZC- 10- 125, ZC- 10- 126, ZC- 10- 127, ZC- 10- 128, ZC- 10-129, ZC-10-130, ZC-10-131 andZC-10-132 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 54 of 56 �1 1 1 „ . ..,..... ,, "I'll ,, "I'll. ,,, ,,,,,, 1 1 LMNII'UlkAjjlldj"jmW40m�mlt.T%VKIIA,1,1,!,Ml�44m,un�� =11 for Block 3, Lot 13R only; site plan included. (Recommended for Approval) Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -10 -144 be approved with appreciation to the Planning and Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19344 -09 -2010 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. XVL CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised that he would speak on Code Violations at a future meeting. Other Citizen Presentations: The following individuals appeared before Council regarding the Ridglea Theatre. They advised that the building was scheduled to be purchased by Bank of America, who would tear down the back and side walls, but leave the front facade. They stated that the building was 60 years old and met seven (7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 55 of 56 (Other Citizen Presentations Continued) of the ten (10) requirements for a historical designation. They stated that Mr. Weaver, along with investors, were ready to make an offer to purchase the building and had established a formal business plan. They advised that they wished to revive and renovate the building and keep it as an art and live entertainment venue. They have projected that first year sales tax contribution to the City would be approximately $6.67M and added that they would not require any financial assistance from the City. They stated that the interior of the building had significant architectural qualities and pointed out that the building was regularly toured by architectural students and historical societies. They also advised that this was one of the only remaining single screen theatres in North Texas still in operation. They advised that the property owner had not returned their phone calls and stated they wished to make a secondary offer for purchase of the property, should the deal with Bank of America fall through. Mr. Levi Weaver, 1215 Belle Place, Mr. James O'Neil, 3128 Tanglewood Trail Mr. Jean Thomas Louvier, 10349 Creek Hollow Lane Mr. Richard Van Zandt, 109 Paint Brush Road Mr. Wesley Hathaway, 109 Paint Brush Road The following individuals completed a citizen presentation card in support of Mr. Weaver's offer to purchase the Ridglea Theatre and were recognized by Mayor Moncrief, but were not present in the Council Chamber. Mr. Mike Fink, 8104 Gibbs Drive Ms. Jenni Briseno -Fink, 3001 West Normandale #1032 The following individuals completed a citizen presentation card in support of Mr. Weaver's offer to purchase the Ridglea Theatre, but did not wish to address the Council. Ms. Karyn Jones, 6433 Greenway Road Ms. Valerie Rios, 3829 Ryan Avenue Ms. Tapley Holland, P.O. Box 3, Mineral Wells, Texas 76068 Ms. Jenny Capley, 2108 Ran Lane, #152, Arlington, Texas 76013 Mr. Peter Quimby, 2108 Ran Lane, #152, Arlington, Texas 76013 Ms. Tania McKinney, 5713 Tracyne Drive, Westworth Village, Texas 76114 Ms. Madelaine Monroe, 3750 West 7th Street Mr. Nicholas Tyree, 1025 South Timberline Drive Ms. Samantha Stanley, 5028 Overton Ridge Circle, #1212 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 2010 PAGE 56 of 56 (Other Citizen Presentations Continued) Council Member Zimmerman advised that he would broker a meeting with the property owner and Mr. Weaver at the end of this week as a means for Mr. Weaver to make a secondary offer on the property. He advised Mr. Weaver to bring earnest money and his business plan to the meeting. Mr. Don Sabo, 3816 Carman Drive, North Benbrook, Texas, 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. He advised of the recent flooding problems caused by the tropical storm that came through the area. He wanted the Council to know that they still had flooding problems in Benbrook despite efforts to alleviate those concerns. He pointed out that this was all before the plant that was proposed for this area or the stormwater runoff from the plant. He advised of a phone call from the Benbrook Police Department that Mary's Creek was flooding in the area of Twlight Dive and North Benbrook. XVHI. ADJOURNMENT There being no further business, the meeting was adjourned at 10:37 p.m. These minutes approved by the Fort Worth City Council on the 21st day of September, 2010. Attest: Approved: Marty endrix Michael City Secretary Mayor