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HomeMy WebLinkAbout2009/04/07-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:01 p.m. on Tuesday, April 7, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns temporarily absent. II.INVOCATION- Chaplain Cameron Brown, Fort Worth Fire Department The invocation was provided by Chaplain Cameron Brown, Fort Worth Fire Department. (Council Member Burns assumed his place at the dais.) III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 31 2009 Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of March 31, 2009, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 2 of 30 V. SPECIAL PRESENTATIONS, , 1.Recognition of Cowbol Santa Spon S ors Ms. Sharon Armstrong, Cowboy Santas Board President and Mr. Anthony Meyers, Assistant Director, Parks and Community Services Department, recognized members of the board that were present, as well as Honorary Chair Mrs. Rosie Moncrief, for their tireless efforts to provide Christmas for children in need. Mr. Myers recognized the companies and individuals for their support: Channel 8 - Santa's Helpers, Chesapeake Energy, Channel 11, CHM2 Hill, United States Marine Corps - Toys for Tots, Mark Spencer and Associates, Fort Worth Marshal's Association, Wal-Mart Foundation, TXU, Park Place Motors, Lockheed Martin Aero Club, Euro Tech, Matel Toys, and Med Tronic. Mr. Myers also recognized Mr. Bob Presley for 241 volunteer hours. Mr. Jeff Bryan recognized Honorary Chair, Mrs. Rosie Moncrief, for her support of the program. He stated that she was always available, a tremendous help in fundraising, a seasoned problem solver and was very passionate about the program. Mrs. Moncrief commended the volunteers of the Cowboy Santas Program and stated that the program had truly enriched her life. Mayor Moncrief recognized Mrs. Moncrief s dedication to the program and thanked her for her involvement. He further stated that due to tough economic times, dollars in the coming years would be stretched even further and commended the program for giving 11,600 children in Fort Worth Christmas gifts last year. 2.Presentation of Cowtown Cleanup Sculpture No. 3 Ms. Gigi Goesling, Firehouse Gallery Volunteer, provided an overview of the program and the Cowtown Cleanup and stated each year the children created a sculpture from the treasures collected at the cleanup. She stated that the sculpture had helped the members see new value in salvaged articles through the use of artistic and creative thinking skills as they work as a team to build the structure. Ms. Goesling introduced Ms. Lois Bogish as a leader of the prorgam. Ms. Bogish expressed gratitude to the United Methodist Church and the West Meadowbrook Neigborhood Association for their community efforts. She also acknowledged Ms. Lori Thompson, Director of the Firehouse Gallery, who implemented the idea of creating a sculpture from the items collected. The children from 4H presented the sculpture to Mayor Pro tem Hicks. Mayor Pro tem Hicks stated that there was a wonderful turn out by both adults and young people at the Cowtown Cleanup, with 181 volunteers. She stated she was very appreciative of the support and stated the volunteerism was part of the "Fort Worth Way". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 3 of 30 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC., Continued) Mayor Moncrief expressed appreciation to the volunteers for their participation and stated 4H was an important program that taught life lessons. 3.Presentation of Celebration of Life Event and the Imuact of HIV/AIDS Outreach and Prevention r ra s i Fort r and arra y Mr. John Reed, AIDS Outreach Center, announced the first annual Celebration of Life Concert that would be held on April 11, 2009, at the Fort Worth Convention Center and stated that the goal was to test over 2,500 people for HIV/AIDS. Mr. Reed expressed appreciation to Council Member Moss, the City Council, and the City of Fort Worth for their continued support of the program. He introduced Musician K.O., who encouraged youth to be tested for HIV/AIDS and invited everyone to attend the concert. Mr. Mark Wilson, Tarrant County Public Health Department, Adult Services Division, provided statistics and information related to HIV/AIDS and sexually transmitted diseases. Mr. Allan Gould, Executive Director of the AIDS Outreach Center, provided information on how the HIV/AIDS outreach program and prevention programs were affecting the community and expressed appreciation to the Mayor and Council Members for their support of the programs. Ms. Chavonne Banks, CEO Banks Entertainment, advised the audience of the musicians that would be performing at the Celebration of Life Concert and encouraged attendance at the event. Mayor Moncrief reminded the audience that they must be tested in order to attend the free concert. Council Member Moss provided information on educational sessions and where citizens could be tested for the disease in the City and in Arlington. Mayor Pro tem Hicks commended Council Member Moss and the work of the AIDS Outreach Center in the community. Mayor Moncrief stated the outbreak in the youth demographic was frightening and reiterated the need for community support of the program. 4.Presentation of OfficiALEinfling the Police Chief Jeffre y a ste d. Mayor Moncrief introduced Police Chief Jeffrey Halstead, his wife Kim, and their sons, Jack and Jordan, as well as other special guests in attendance. Mayor Moncrief delivered the Oath of Office to Chief Halstead and the Chief s wife pinned the City of Fort Worth badge onto the Chief s uniform. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 4 of 30 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC., Continued) Mayor Moncrief announced that instead of the traditional three (3) stars on the uniform's collar, worn by past City of Fort Worth Police Chiefs, Chief Halstead would be wearing four (4) stars, because this was the tradition in the larger cities in the nation. He pointed out that Fort Worth was the 17th largest city. He further expressed appreciation to Chief Halstead and his family, and stated that what he had accomplished in his short time with the City had been impressive. He pointed out that he was confident in the choice that the City Manager made during the selection process. Chief Halstead expressed appreciation to the Mayor and Council and enthusiam for the future of the City of Fort Worth Police Department and made a presentation titled the First 100 Days, an Organizational Analysis and 2009 Action Plan. He highlighted his goals and objectives for the Fort Worth Police Department for 2009: Quality Service, Crime Suppression and becoming the safest major City, Organizational Effectiveness and Efficiency, Infrastructure Needs for the next twenty (20) years, and Accountability and Professionalism. Mayor Moncrief, Mayor Pro tem Hicks and Council Members Scarth, Jordan, Espino, Burns, Moss, and Burdette welcomed Chief Halstead and provided accolades related to his positive influence on the Police Department, his approachability and warmth, and his committment to making the City of Fort Worth the safest place to live. City Manager Dale Fisseler expressed appreciation to Chief Halstead's family and friends who attended the meeting for the presentation. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Council Member Burns recognized Ryan Place and stated that it had received the City of Fort Worth Neighborhood of the Year Award, and was a finalist in the Neighborhoods USA competition and provided a brief overview of the various awards and the selection process. He also announced the Main Street Arts Festival would be held on April 16-19, 2009, and encouraged everyone to visit www.mainstreetartsfest.gM for more information. Council Member Jordan announced he attended Spring Fest, hosted by the Summercreek Ranch Neighborhood and thanked the President of the Neighborhood Association for a great festival. He advised that Family Day would be held on April 25, 2009, at Sycamore Park, 2525 East Rosedale Street, and that the event was sponsored by the City of Fort Worth Police, Fire, and Code Enforcement Departments and encouraged citizens to sign up for the Citizens on Patrol program. He also reminded citizens and visitors to drive safe, especially during times of construction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 5 of 30 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burdette expressed appreciation to Atmos Energy and Habitat for Humanity for repainting a house on East Libby Street in the Como area. Council Member Scarth announced that the Fort Woof Dog Park Pooch and Pals Promendade would be conducted on April 11, 2009, at Gateway Park, 751 Beach Street, and the Doggie Polooza event would be held on April 18, 2009, at Arcadia Trail Park, 8744 Arcadia Park Drive. Mayor Pro tem Hicks announced the following events would be held on April 25, 2009: Prairie Fest at Tandy Hills Park, 3400 View Street, the African American Health Fair at Clifford Davis Elementary, 4400 Campus Drive, and the Grand Opening of the Texas Wesleyan Bookstore, 1200 Wesleyan Street, and other facilities on East Rosedale Street, and a celebration of the renovation at Cobb Park, 1600 Cobb Drive. Council Member Espino announced a meeting regarding the Rockwood Community Golf Course Master Plan would be held on April 8, 2009, at the Northside Community Center, 1100 Northwest 18th. He also advised 200,000 visitors attended events at the Texas Motor Speedway last weekend and commended the Police Department staff for assistance with traffic control. He also commented that the Ceasar Chavez March was a wonderful event and commended Ryan Place and North Beverly Hills neighborhoods as also being finalists in the Neighborhoods USA competition. Mayor Moncrief introduced Mr. Hunter Ferrell, son of Ms. Shirley Little, Assistant to the Mayor and Council, and his fiancee, Ms. Heidi van Beljon and welcomed them to the meeting. 2.Recognition of Citizens The recognition of citizens was included in the Upcoming Events portion of the meeting. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested the Mayor and Council Communication No. C-23422 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication No. G-16503 be withdrawn and advised that the Council would consider Mayor and Council Communication No. G-16503 (Revised); Mayor and Council Communication No. C-23402 be withdrawn from consideration entirely, and Mayor and Council Communication No. C-23406 be withdrawn and advised that the Council would consider Mayor and Council Communication No. C-23406 (Revised). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 6 of 30 IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi on Boards and Commissions There were no changes in membership on Boards and Commissions. X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS,. COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communication from Boards, Commissions and/or City Council Committees. XI.RESOLUTIONS 1.A Resoluti2n_Settiny..a Public HeAEjag_12±e Held Duriflg_j o �ltj Council MeEjjflg_Rggjfl!ljflg at 7:00 P.M. on Tuesday, May 5, 2009, in the City Council Chambers of the City of Fort Worth 1000 Throckmorton Street, Fort Worth, Texas, to Consid r Amendments to the impact Fees for Water and Wastewater Facilities Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3721-04-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. XII.CONSENT AGENDA Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the Consent Agenda be approved as amended and as follows. The motion carried unanimously eight(8) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16514 - Authorizing the City Manager to Initiate Certain Zoning Changes in the Eastland Neighborhood Area in the Southeast Sector from Various to "A-5" One-Family, "CF" Community Facilities, "E" Neighborhood Commercial, "MU-1" Low Intensity Mixed-Use and "I'D 311" Planned Development in Accordance with the 2009 Comprehensive Plan. 2.M&C G-16515 - Authorizing the City Manager to Initiate Certain Zoning Changes for the Hemphill Street Corridor from West Bewick Street to West Seminary Drive from Various to "B" Two-Family, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "I" Light Industrial, and "PD" Planned Development in Accordance with the 2009 Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 7 of 30 3.M&C G-16516 - Authorizing the City Manager to Execute a Standard Encroachment Agreement with Museum Place Holdings, LLC, for the Installation of Sixteen Detached Directional And Multi-Tenant Signs to be Constructed in the 7th Street, Bailey Avenue, Camp Bowie Boulevard,Arch Adams Lane, 6th Street and Barden Street Right-of-Way. 4.M&C G-16517 - Authorizing the City Manager to Authorize Payment of$32,266.83 to Settle a Claim by AT&T — Texas for Damage to Phone Cables Located at Camp Bowie Boulevard and Westridge Avenue; and Authorizing the Appropriate Personnel to Execute all Documents to Complete the Settlement. 5.M&C G-16518 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Ten (10) Limousines Upon the City Streets, Alleys and Thoroughfares; 360 Limo, Inc., is Qualified and Financially able to Conduct a Limousine Service within the City; 360 Limo, Inc., has Complied with the Requirements of Chapter 34 of the City Code; 360 Limo, Inc., Presented Facts in Support of Compelling Demand and Necessity for Ten (10) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Ten (10) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18530-04-2009 Granting the Privilege of Operating Authority to 360 Limo, Inc., for the Use of the Streets, Alleys, and Thoroughfares of the City in the Conduct of its Limousine Business, which shall Consist of the Operation of Ten (10) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by 360 Limo, Inc. 6.M&C G-16519 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Five (5) Limousines Upon the City Streets, Alleys and Thoroughfares; Diamond B Limo, Inc., is Qualified and Financially able to Conduct a Limousine Service within the City; Diamond B Limo, Inc., has Complied with the Requirements of Chapter 34 of the City Code; Diamond B Limo, Inc., Presented Facts in Support of Compelling Demand and Necessity for Five (5) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Five (5) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18531-04-2009 Granting the Privilege of Operating Authority to Diamond B Limo, Inc., for the Use of the Streets, Alleys, and Thoroughfares of the City in the Conduct of its Limousine Business,which shall Consist of the Operation of Five (5) Limousines for a Three (3)Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by Diamond B Limo, Inc. 7.M&C G-16520 - Authorizing the Temporary Closure of West Cleburne Road between South Hulen Street and Bridgestone Drive from April 13, 2009, to July 24, 2009, to Facilitate Construction for Paving Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 8 of 30 8.M&C G-16521 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Seven (7) Limousines Upon the City Streets, Alleys and Thoroughfares; X-Quizit Transportation, LLC, is Qualified and Financially able to Conduct a Limousine Service within the City; X-Quizit Transportation, LLC, has Complied with the Requirements of Chapter 34 of the City Code; X-Quizit Transportation, LLC, Presented Facts in Support of Compelling Demand and Necessity for Seven (7) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Seven (7) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18532-04-2009 Granting the Privilege of Operating Authority to X-Quizit Transportation, LLC, for the Use of the Streets, Alleys, and Thoroughfares of the City in the Conduct of its Limousine Business, which shall Consist of the Operation of Seven (7) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by X-Quizit Transportation, LLC. 9.M&C G-16522 - Authorizing the City Manager to Adopt Supplemental Appropriation Ordinance No. 18533-04-2009 Increasing Estimated Receipts and Appropriations in the Municipal Airports Fund in the Amount of $140,000.00, and Decreasing the Unaudited, Unreserved, Undesignated Cash Balance by the Same Amount, for the Purpose of Funding Elevator Repairs at Fort Worth Meacham International Airport Terminal Building. 10.M&C G-16523 - Authorizing the Water Department to Provide Water and Sewer Service at 1.25 Times the Retail Rate to Emerson Construction Company for Property Located at 11280 White Settlement Road, in Tarrant County, Texas, Outside of the Fort Worth City Limits Pursuant to City Code Section 35-60B "Uses Outside City"; and Authorizing the City Manager to Execute the Agreement for Such Services. 11.M&C G-16524 - Authorizing the Water Department to Provide Water and Sewer Service at 1.25 Times the Retail Rate to Bulkmatic Transport Company for Property Located at 2100 Avondale Haslet Road, in Tarrant County, Texas, Outside of the Fort Worth City Limits Pursuant to City Code Section 35-60B "Uses Outside City"; and Authorizing the City Manager to Execute the Agreement for Such Services. 12.M&C G-16525 - Authorizing the Water Department to Provide Water and Sewer Service at 1.25 Times the Retail Rate to Mr. Harold V. Johnson, III, to Serve a Property Located at 11804 White Settlement Road, in Tarrant County, Texas, Outside of the Fort Worth City Limits Pursuant to City Code Section 35-60B "Uses Outside City"; and Authorizing the City Manager to Execute the Agreement for Such Services. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 9 of 30 13.M&C G-16526 - Authorizing the City Manager to Execute Amendment No. 2 to the Wholesale Wastewater Contract with the City of Westworth Village to Allow Additional Points of Entry and Adopt the Billing Method for Wastewater Service. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10946 - Authorizing the Purchase of Two (2) Chevrolet Trucks for the Transportation and Public Works Department and the Parks and Community Services Department from Caldwell Country Chevrolet, Using a Texas Procurement and Support Services Contract for a Total Amount of$67,321.00. 2.M&C P-10947 - Authorizing the Purchase of a Caterpillar PS150C Pneumatic Compactor for the Transportation and Public Works Department from Holt Cat, Using a Texas Association of School Boards' Contract for an Amount up to $80,100.00. 3.M&C P-10948 - Authorizing a Sole Source Purchase of Two (2) Hazardous Gas and Vapor Identifiers Command System Packages for the Fire Department with BST Technologies, LLC, for $84,160.00. C.Land - Consent Items 1.M&C L-14748 - Authorizing the Direct Sale of Two (2) Tax Foreclosed Properties Located at 1509 and 1515 East Lancaster Avenue, Fort Worth, Tarrant County, Texas, to the Fort Worth Local Development Corporation in Accordance with Section 34.05 of the Texas Property Tax Code for a Total Sales Price of$19,227.00; and Authorizing the City Manager or His Designee to Execute and Record the Appropriate Instruments Conveying the Properties to Complete the Respective Sales. 2.M&C L-14749 - Authorizing the City Manager to Authorize an Annual Livestock Grazing Lease for Approximately 285.8 Acres of Dedicated Parkland within the Fort Worth Nature Center and Refuge with Mr. Marty Richter for an Annual Lease Fee of $2,052.00; Adopting Appropriation Ordinance No. 18534-04-2009 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of$2,052.00 for the Purpose of Authorizing an Annual Livestock Grazing Lease with Mr. Marty Richter within the Fort Worth Nature Center and Refuge; and Authorizing Staff to Spend Fees Collected Totaling $2,052.00 on Supplies for Repairs to Boundary Fencing, Post and Cabling. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 10 of 30 E.Award of Contract- Consent Items 2.M&C C-23423 - Adopting Appropriation Ordinance No. 18535-04-2009 Increasing Estimated Receipts and Appropriations in the Future Improvements Project of the Special Assessments Fund in the Amount of $95,318.00 from Prior Developer Contributions for the Purpose of Transferring Said Funds to the New Development Fund; Authorizing the Transfer of$95,318.00 from the Special Assessments Fund to the New Development Fund; Adopting Appropriation Ordinance No. 18536-04-2009 Increasing Estimated Receipts and Appropriations in the New Development Fund in the Amount of $95,318.00 from Developer Contributions for the Purpose of Executing an Engineering Services Agreement with Teague, Nall & Perkins Inc., for the Preparation of Engineering Design Plans for Improvements to Alta Vista Road from Beach Street to Eddleman Drive; and Authorizing the City Manager to Execute the Agreement. 3.M&C C-23424 - Adopting Supplemental Appropriation Ordinance No. 18537-04-2009 Increasing Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $48,902.00, from Available Funds, for the Purpose of Installing Handrails in the Cowtown Coliseum; and Authorizing the City Manager to Execute a Work Order in the Amount of $38,901.21 with Job Order Contractor, Alpha Building Corporation, to Install Handrails in the Cowtown Coliseum. 4.M&C C-23425 - Authorizing the City Manager to Authorize Amendment No. 1 to City Secretary Contract No. 19353 which Adds Two (2) Five (5) Year Renewal Options with Stanley C. Thomas for Hangar 10S-B at Fort Worth Meacham International Airport. 5.M&C C-23426 - Authorizing the Transfer of $43,141.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18538-04-2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of$43,141.00, from Available Funds, for the Purpose of Executing Amendment Number 6 to City Secretary Contract Number 26802 with GSWW, Inc., for Sanitary Sewer Rehabilitation Contract LXIII (63); and Authorizing the City Manager to Execute the Amendment in the Amount of $37,141.00 for Sanitary Sewer Rehabilitation in the Mistletoe Heights and Berkeley Place Neighborhoods, for Additional Engineering Services thereby Increasing the Contract Amount to $140,855.55. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1715 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 11 of 30 XIV.REPORT OF THE CITY MANAGER E. Award of Contract—(Removed from Consent Agenda for Individual Consideration) 1.M&C C-23422 - Rejecting All Bids for a Lease Agreement for Natural Gas Drilling Under 2.415 Acres, More or Less, of City-Owned Property Located in Tarrant County, Texas, Known as Neighborhood Policing District 6 Located at 1400 Nashville; and Authorizing Staff to Re- Advertise the Property at a Future Time. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication C-23422 be approved. The motion carried seven (7) ayes to zero (0) nays, and one (1) abstention by Council Member Jordan. B.General 1.It was the Consensus of the Council that MR12r and ci l Communication No. G-16 5 3, Ador)t Ordinances Amending the Revised Fiscal Year 2009 Budget by a Total Net Reduction of $136,412.00 for All Funds to Include Realized Savings or Overages from Vacation Buy Back Implemented in isc Year 2009 Budget, be Withdrawn from Consideration and replaced it It the followi to 2.M&C G-16503 - (Revised) Adopt an Ordnance Amending the evised Fiscal Year g Budget by Increasing and Decreasing Armroririations by the Total of$780,261.00 from General Fund e rtmental Budgets, Bas e Realized Vac ti Y ac Savi s; a A t o Ordinance Amending the Fiscal Year 2009 Budget by Decreasing Arigropriations by $149,130.00 in t er Funds, Based n Realized Vacation Y Back Savings. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16503 be approved and Appropriation Ordinance Nos. 18539-04-2009 and 18540-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 12 of 30 3.M&C G-16513 - Conduct a Public Hearing_12 Allow Citizen Input and Consideration of the City's 2009-2010 Action Plan for Use of Federal Grant Funds from the United States DeD art ment of Housin2 and Urban Development Under the Community Development Block Grant,HOME Investments Partnerships Grant, Emergenc3: Shelter Grant, A erican Dream Down Pa3: ent Initiative and Housing Opportu ities for Persons with AIDS Programs; Approve the City's 2009-2010 Action Plan for Submission of the United States Dep art m nt of Housin and Urban Development, Including Allocations of Grant Funds to Particular Programs and Activities; Authorize the Use of $170,000.00 in Estimated Program Income from Community Development Block Grat_Funds- Authorize the Use of $100,000.0 in Estimated Program Income from HOME Investments Partnerships Grat_Funds- Adopt an Appropriation Ordinance Increasing stimated Receipts and Appropriati ns in the Grants Fund in the Amount gf .$10 960,965.00,SuWect to Receipt of the Consolidated Plan Grant from the U.S. Department ... .... ... 2f Housin&and Urban idated Action Plan; and ADDIv Indirect Cost Rates as Applicable, for the Grants Fund, in Accordance with the Citfs Administrative Regulations from Marc Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. (Council Member Jordan left his place at the dais.) Mayor Pro tem Hicks advised of the need to recuse herself on this agenda item as she served on several of the subject boards. a.BgR2LL2LLjL_aLaff Mr. Charlie Price, Planning Manager, Planning and Development, appeared before Council and provided a staff report. b.Citizen Presentations Ms. Sharon Cox, 1000 Bonnie Brae, representing Ladder Alliance, appeared before Council in support of this issue and expressed appreciation for the funding the Ladder Alliance program. Mr. Allan Gould, Jr., 4016 El Cid Place, representing the AIDS Outreach Center, appeared before Council in opposition to Mayor and Council Communication No. G-16153. He stated the AIDS Outreach Program received incorrect information related to the application process and funding the request. He requested that the Council consider flat funding of the request. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 13 of 30 (M&C G-16513 Continued) Mr. Jay Chapa, Director, Housing and Economic Development Department, clarified that all applicants were treated equally and asked to decrease their funding request by 10% when the applicant completed the application. Ms. Shannon Hilgart, 3932 Medford Road, representing the AIDS Outreach Center, appeared before Council in opposition to Mayor and Council Communication No. G-16153. She stated she was given different information than other applicants and requested flat funding from the City Council. City Manager Fisseler clarified that all applicants were asked to reduce their funding requests by ten (10) percent; however, some applicants did not adhere to the request. He pointed out that the Community Development Council took into consideration all requests and made a decision based on the submitted applications and available funding. Mayor Moncrief and Council Members Espino and Burns agreed that the Community Development Council completed a very comprehensive review of the requests and that all applicants were treated equally. c.Council Action Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G-16513 be approved and Appropriation Ordinance No. 18541-04-2009 be adopted. The motion carried by six (6) ayes to zero (0) nays, and with two (2) abstentions by Mayor Pro tem Hicks and Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 4.M&C G-16527 - Authorize the City Manager to Accent Monetary Donations in the Amount of $8,287.00 r Various Donors; and Adopt an Appropria ti r i a ce Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $8,287.00, from, Available Funds, for te Purpose of Approving Acceptan ce of MonetaLy Donations for te Fire Safety Education Trust. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16527 be approved with Appreciation and Appropriation Ordinance No. 18542-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 14 of 30 5.M&C G-16528 - Authorize the City Manager to Accept Monetarl Donatio s for the Fire RoArtment in the Amount of$8,7 0.00 from the Wal-Mart Foundation, 5500.00 from the Bank of Texas and $100.00 from Geraldine D. Barth, and Adopt an AUpropriation Ordinance ifliEgaliaLEstimated Receipts and Appropriations in the Special Trust Fund in the Amount of $9,350.00, from Available Funds, f®r the Purr3®se of PurchninliflHipment and/or Furnishi for Various Fort Worth Fire Stations. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16528 be approved with Appreciation and Appropriation Ordinance No. 18543-04-2009 be adopted. The motion carried by unanimously eight(8) ayes to zero (0) nays. 6.MSC G-16529 - Consider a _BLquest from WWWDH, LP, d/b/a aco's Mexican Restaurant/Corner Deli, Inc., Loc to at 9500 Rav White Road No. 167,for a Variance from Section 4-4 of the City Code Prohibiting the Sale of Alcoholic Beverages within 300 Feet of Central High School,Located at 5201 Kroger D HEARING}. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of Citv Sta Ms. Dana Burgdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16529 be continued to April 21, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays. City Secretary Marty Hendrix advised that the following three agenda items would be considered at the same time. 7.MSC G-16530 - Consider a Waiver for a Gas Well Permit for a Well Located Less than 600 Feet from a Protected Use and the Issuance of a_Multiple as Well Pad Site PeEffijLRggMt bv Chesaueake Orwrating, Inc., to Allow the Drilling of the Six (6) Applied for Santa Fe Gas Wells on Pad-A of the Santa Fe Lease Located at 3090 West Seminary Drive (PUBLIC HEARING). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 15 of 30 8.M&C G-16531 - Consider a Waiver for a Gas Well Permit Located Less than 600 Feet from a Protected Use and the Issuance of a Multiple Gas Well Pad Site Permit Request by Chesapeake Operating, Inc., to Allow the Drilling of the Six (6) Applied for Seminary Gas Wells on Pad-A of the Seminary Lease Located at 4190 8th Avenue (PUBLIC HEARING). 9.M&C G-16532 - Consider a Waiver for a High Impact Gas Well Permit and Issuance of a Gas Well Pad Site Permit Requested by Chesapeake Operating, Inc., to Allow the Drilling of the Merrimac 1H Gas Well on Pad-A of the Merrimac Lease Located at 1551 Old University Drive (PUBLIC HEARING). Mayor Moncrief opened the public hearings and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. He provided clarification of a staff requirement that was not included in the initial report. He stated that due to the close proximity of the proposed Merrimac well site to the Fort Worth's Water Department's raw water intake at the Clear Fork Pumping Station, that additional measures would be required. He read the following requirements into record: 1. The site shall be graded to drain toward Old University Drive. 2. A containment berm with a sluice gate shall be designed to contain the combined quantities of the maximum amount of liquid materials stored on site and the water from the 100 year rainfall event calculated to be developed on the site. 3. The plans and calculations for the containment berm and sluice gate shall be approved by the Fort Worth Water Department. 4. Soil sampling shall be conducted prior to any site work to establish backgrounds. 5. Soil samples shall be taken semi-annually tested for the presence of chemicals associated with the development and operation of the well site as long as the site is in operation. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on Mayor and Council Communication Nos. G-16530, G-16531 and G-16532. (Council Member Jordan left his place at the dais.) Mr. Kevin Strawser, representing Chesapeake Energy, 100 Energy Lane, appeared before Council and provided an overview of the "Meerkat to Seminary" Master Development Plan and a brief description of each pad site included in the plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 16 of 30 (M&C Nos. G-16530, G-16531 and G-16532 Continued) Mr. Norman Herrera, representing Chesapeake Energy, 100 Energy Lane, appeared before Council and provided information regarding neighborhood action and community outreach in both the English and Spanish speaking communities. b.Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication Nos. G-16530, G-16531, and G-16532: Mr. Robert Thornton, 7928 Vista Ridge Drive North Mr. Bryan Livingston, 2536 Waits Avenue Mr. Bill Hall, 2308 Medford Court West The following individuals appeared before Council in opposition of Mayor and Council Communication Nos. G-16530, G-16531, and G-16532: Mr. Joe Don Brandon, P.O. Box 1155 Mr. Gary Hogan, 2117 Rolling Creek Run Mr. Jerry Lobdill, 6336 Darwood Avenue The following individuals appeared before Council in support of Mayor and Council Communication No. G-16530: Ms. Luz E. Crowson, 1108 Shady Oak Trail, Mansfield, Texas 76063 Mr. Michael Yoakum, 4312 Greene Avenue Mr. Dan Banks, 3001 West Pafford Street The following individuals appeared before Council in opposition of Mayor and Council Communication Nos. G-16530: Mr. Jim Ashford, 6209 Riverview Circle Mr. Matthew Hudson, 6436 Curzon Avenue The following individuals appeared before Council in support of Mayor and Council Communication No. G-16531: Ms. Dorothy Sue Dietemann, 4024 James Avenue Mr. Tim Leitch, 1810 West Broadus Mr. Zach Bowden, 5612 James Avenue, Apartment 205B Mr. Charles Heasley, P.O. Box 50593, Denton, Texas 75206 Ms. Rosa Navejar, representing the Fort Worth Hispanic Chamber of Commerce, 7840 Lake Meredith Way CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 17 of 30 (M&C Nos. G-16530, G-16531 and G-16532 Continued) The following individuals appeared before Council in opposition of Mayor and Council Communication No. G-16531: Mr. Martin Guerara, 4009 8th Avenue Mr. Noe Guerara, 4009 8th Avenue Mr. Joe Zuniga, 4008 8th Avenue Mr. Coregorgio Badillo, 4021 8th Avenue Ms. Annette Kellam, 4017 Ryan Avenue The following individuals appeared before Council in support of Mayor and Council Communication No. G-16532: Ms. Adelaide Leavens, Executive Director of Streams and Valleys, P.O. Box 101373 Mr. Michael Lawrence, 3735 Country Club Circle Mr. Joe Monteleone, 3305 Moss Hollow Mr. Joe McIntosh, 1527 South University Drive Mr. Tommy Miller, 1103 Hidden Road Mr. Brian Gutierrez, 2800 South University Drive Mr. Jim Beckman, 2300 Medford Court East Mr. Randell Means, 1941 Berkeley Place Mr. George Gonzalez, 3705 8th Avenue Mr. Lee Saldivar, 1917 San Rafael Street The following individuals appeared before Council in opposition of Mayor and Council Communication No. G-16532: Ms. Linda Hanratty, representing the League of Women Voters, 4236 Oak Park Court Mr. Nile Fischer, 2837 Townsend Drive c.Council Action Council Member Burns expressed appreciation to the citizens and visitors for attending the meeting and speaking for or against the items on the agenda. He stated the partnership and citizenship did not culminate with the vote. Instead, it provided the opportunity to build faith that the City of Fort Worth could grow into its full purpose by nurturing the strong and lasting partnerships of trust and respect that must be honored through accountability and transparency. He stated that the true partners and friends hold others to their word and participate and help them meet their commitments with respect and dignity. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 18 of 30 (M&C Nos. G-16530, G-16531 and G-16532 Continued) He stated that Chesapeake, the City, its neighborhoods and its citizens made commitments to each other and the plan was not about moving potential well sites from one neighborhood and imposing the impact on other. Instead, it was about reducing the overall impact to all neighborhoods, and the plan had accomplished that. He stated that Merrimac had allowed for extensive mitigation, in addition to screening and special drainage to protect the Trinity River and the master plan afforded funding for trail improvements along the river. He expressed appreciation to Mr. Bill Hall, the City Council, Texas Christian University, and Chesapeake Energy for their hard work and community outreach. Mayor Moncrief and Council Member Espino commended everyone for their efforts and community involvement and stated the product was something for the City to be proud of and build on in the future. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the public hearings be closed and that Mayor and Council Communication Nos. G-16530, G-16531, and G-16532 be approved with the following amendments to Mayor and Council Communication No. G-16532: (1) There will be no drilling within 200 feet of the protected use of the building, related to the Merrimac Well Site. (2) The addition of the language related to the protection of the City of Fort Worth Water Department's raw water intake at the Clear Fork Pumping Station, related to the Merrimac Well Site, as previously read into the record by City staff. The motion carried seven (7) ayes to zero (0) nays, and with one (1) abstention by Council Member Jordan. Mayor Moncrief recessed the meeting at 10:30 p.m. and reconvened at 10:41 p.m., with Council Members Jordan and Burns temporarily absent. 10.M&C G-16533 - Armrove the Settlement of a Claim Filed y Christouher Ferrtll A a s e itj of Fort Worth and lcer J.A. Miller; An t horize the ay e t SS , t rlst er Ferrell and e Law Firm sra r) in Final Settlement the Claim_;_and Authorize the Appropriate City Pers nnel to xec tote Releases and Agreements ecessary to ete t o Settlement. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16533 be approved. The motion carried by six (6) ayes to zero (0) nays and with two (2) absent, Council Members Jordan and Burns. (Council Members Jordan and Burns assumed their places at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 19 of 30 D.Land 1.M&C L-14731 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that no Feasible or Prudent Alternative Exists to Drilling and Extracting Gas from Underneath these Park Site_s; Find that the Proposed Conversions Include all Reasonable Planning_to Minimize Harm to the Parkland-.and Close the Public Hear a A uthorize the CLtLManager to Convert the Followin2 Parks for Subs urf ace-Drilling and the Extraction of Natural Gas from an Off Site Location: Fairmount Park, Located at 1501 5th Avenue, South of Myrtle Street,West of Henderson Street, E as of 5th Avenue and North of Maddox Avenue; Jennings-Mav-St. Louis Park, Located at 3041 South Jennings Avenue, South of Jennings Avenue and May Street, We t of Union Pacific Rail Road and North Berry Street; an Rosemont Park,.Located at 1400 West Seminary Drive, North of Seminary Drive, East of 8th Street, South of Bolt Street and East of 6th Street (Continued from March Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of Citv Sta Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Bums made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14731 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. (Council Member Bums left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 20 of 30 2.M&C L-14732 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that no Feasible or Prudent Alternative Exists to Drilling and Extracting Gas from Underneath Hallmark Park- Find that the Proposed Conversions Include all Reasonable Planning to Minimize Harm to the Parkland ,and Including that the Pipeline will be Constructed in the Park; and Close the Public Hearing and Authorize the City Manager to Convert Approximately .557 Acre of Dedicated Parkland for the Installation of a 24-Inch Gas Pipelin : Hallmark Park, Located at 820 Sycamore School Road North of Sycamore School Road East of Union Pacific Railroad and West of Trimble Drive; and Authorize the Execution of a License Agreement with Texas Midstream Gas Services,_Inc., in the Amount of $54,607.50 ( onti d from March 10..,2009). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14732 be approved with the stipulation that $54,607.50 would be allocated for the improvement of Hallmark Park. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. E.Planning & Zoning 1.M&C PZ-2818 - Authorize the City Manner to Aur)rove a Service Plan for the City-Initiated Annexation of Approximately 233 Acres of Land Located East of North Beach Street and South of Keller Hicks Road and Certifv the Service Plan for Area i5-IJAX-07-005 J is Coinglete. _ Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ-2818 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 21 of 30 2.M&C PZ-2819 - Authorize the City Manager to App ove a Service Plan for the Citj-Ini iated Annexation of A roximately 398 Acres of Land Located East of Old Denton Road and North of Golden Trian2le Boulevard and Certifv the Service Plan for Area 12 L AX-_07-006 I Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ-2818 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. F.Award of Contract 1.It was the consensus of the Council that Ma3:or and C uncil Communication No. C-23402 - Ador)t a Resolution Authorizing the Execution of an Interlocal Agreement with the Texas Department of Transportation to Flag Registrations of Vehicle Owners Delinquent in the Payment of Civil Penalties Imr)osed by the City's Automated Red Light Enforcement Program, in the Amo n Ordinance Increasing Estimated ReceigLs and Appropriations in the Automated Red Light Enforcement Program Fund in the Amount of $5,100.00 from Available Funds, of Fu he _�forth�ePur�ose ��ndin �t ter ca Amement (Lontinued from arc 2 , 2 0�09 be withdrawn from consideration and replaced with the following item. 2.It was the Consensus of the Council that Mayor and Council Communication No. C-23 Authorize Execution of a Subsurface Wellbore License Amement with XTO Ener2v, Inc., in the Amount of 5104935.00 for a Subsurface Wellbore Across Cjjj:QM2jq_EE2RgLLKnown as Lot Block 1, Vi ta Crossroads Addition Located at 2249 Avondale-Haslet Road, be W thdrawn from Consideration. 3.M&C C-23406 - (Revised) A thorize the Execution of a Subsurface Wellbore License Agreement with Hollis R. Sullivan, for a Subsurface Wellbore Across City-Owned Property Known as Lot 2, Block I., Vista Crossroads Addition, Located at 2249 Avondale-Haslet Road, in the Amount of Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-23406 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. 4.MSC C-23427 - Authorize the City Manager to Execute a Public Right-of Way Use Agreement with Texas Midstream Gas Services, LLC , to rata License to Construct and Ot)erate a Natural Gas Gathering Pipeline Across Randol Mill Road, East of Precinct Line Road for a One (1) Time License Fee of$ CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 22 of 30 (M&C C-23427 Continued) Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-23427 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Bums absent. 5.M&C C-23428 of a Lease Agreement for Natural Gas Drilling Under 25.738 Acres, re or Less, City- e r eres cate arra Ownd Popt Lod in Tnt Count _Texas., of Known as the Trail Drivers Park North Tract at 1700 Northeast 28th Street to Chesa Exploration,L.L.C..,for a Two (2) Year Primary Term. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23428 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Member Bums absent and with one (1) abstention by Council Member Jordan. 6.M&C C-23429 - Find that the Statements Set Forth in the Recitals of the Tax Abatement Agreement with Texas Catholic Community Credit Union are True and Correct-.and Authorize the Citv Mana2er to Enter into the Tax Abatement Amement with Texas Catholic Communi Credit Union for the ±E2pSrjy Located at 4312 Town Center Drive in the Htffipj]ill[Berry Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone Tax Ab ate MERLPolicy and Basic Incentives. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23429 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Bums absent. 7.M&C C-23430 - Authorize the City Manager to Execute a Construction Contract in the Amount of $2,498,000.00 with Prime Construijj2g_f2Manv to Construct Fire Station No. 27 Located at 2940 Precinct Line Road. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23430 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. 8.M&C C-23431 - Authorize the City Manager to Execute an Engineering Agreement with Kimlev-Horn and Ass ociatesInc. in the Amount of $180 000.00 for the Dunbar Creek Master Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 23 of 30 (M&C C-23431 Continued) Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-23431 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. 9.M&C C-23432 - Authorize the Use of Revenue Derived from Gas Well Drilling on City- Owned Air its i a A mount not to Exceed $213 648.00 for Apron Pavement Imp ovements at Fort Worth Meacham International Airport; Adopt an Appropriation Ordinance Increasing Estimated Receit)ts and ADDroDriation in the Airt)orts Gas Lease Proiget Fund in the Amount of $213,648.00, from Available Funds, for the Purpose of Executing a Contract with McClendon Construction Comr)anv, Inc., for A on Pavement Imr)rovements at Fort Worth Meacham International AirporV , and Authorize the City Manager to Execute the Contract. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23432 be approved and Appropriation Ordinance No. 18544-04-2009 be adopted. The motion carried seven (7) ayes to zero (0) nays, with Council Member Bums absent. 10.M&C C-23433 - Authorize the City Manner to Execute a Contract with Chiang, Patel and Yerby i t he Amount 5 t state is sae e Plan for the Water Der)artment's Water Production and Wastewater Treatment Plants. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23433 be approved with the amendment of changing the Engineering Contractor's Name from "Chiang, Patel and Yerby" to "CP&Y". The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. 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 March 20, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 24 of 30 a.Cases ec e e r A r va l 1.Zoning Do ket No. ZC-08-205 - City r rth Plannigg & Develo ment 900 through 1300 Blocks 2f Sycamore School Road and 7900 Block HeMnhjjLStreet, r `'B" Two-F "CR" Low D 'C" Medium Density Multi-Family and "E" Neighborhood Commercial to "A-5" One-Family. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-205 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Bums absent. 2.Zoning Docket No. ZC-09-004 - Bailey ApartmentsLP,100 Block of St. Donovan Street, "C" Medium2mi tl� a 1 y to "MU-1" Low Intensily Mixed U e. (Council Member Burns returned to his place at the dais.) Ms. Jackie Liles, 716 Northwood Road, appeared before Council in opposition to Zoning Docket No. ZC-09-004 and expressed concern with equal opportunity housing and possible increased traffic. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-004 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 3.Zoning Docket No. ZC-09-006 - Billionaire 88 LTD. & Ben Gregory, 1500 & 1700 East Bonds Ranch Road; from "AG" Agricult ral to "I" LighLingl Stria l. Mr. Christopher Bonilla, 3204 South Main Street, representing the Bonilla Group, appeared before Council in support of Zoning Docket No. ZC-09-006. He provided a brief summary of the zoning change and requested approval by Council. Mr. Ben Gregory, Developer for the property, 1700 East Bond Ranch Road, appeared before Council in support of Zoning Docket No. ZC-09-006. Mr. Warren Robb, 246 Bayne Road, Haslet, Texas, 76052, the City of Haslet City Council Member Place 1, appeared before Council in opposition to Zoning Docket No. ZC-09-006. He referred to a resolution from the City of Haslet that expressed the City's opposition to the rezoning and stated that the proposed zoning was not a complimentary use for the area that was adjacent to the City of Haslet. He suggested that low density residential zoning would be a better compatible land use. He also expressed concern with the potential of unwanted activities occurring at the location under the requested zoning. He also pointed out traffic problems on Bond Ranch Road that would be further increased with the requested zoning. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 25 of 30 (Zoning Docket No. ZC-09-006 Continued) Council Member Burdette stated that the property immediately east of this location was already zoned light industrial and that no one could predict what would be at this location in the future. He noted that low density residential zoning would also increase traffic and acknowledged the problem with Bonds Ranch Road that would get worse as the area developed. Council Member Jordan asked staff to clarify if there were separate requirements for mini-warehouses other than light industrial zoning, such as Planned Development. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and stated that staff wanted to confirm whether the Planned Development was required and asked for additional time to provide the correct response. Mayor Moncrief advised that Council would return to this zoning case later on the agenda. (See Council action on this item after Zoning Docket No. ZC-09-019.) 4.Zoning Docket No. ZC-09-017 - Jim & Norma Riscky, 2620, 2622, and 2701 Hanna Avenue; from______-PP-__PP a i y and "C" Medium Density t - a y to "I" t Industrial. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-09-017 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 5.Zonin, Docket No. ZC-09-019 - Estate of M. N. Hattarki, 174 Sycamore School Road; from► PPA-5" e- a 1 Y to "ER" Neighb rhood Commercial Restricted. Ms. Sheila Reynolds, Executor of the estate, 174 Sycamore School Road, appeared before Council in support of Zoning Docket No. ZC-09-019. She advised that the initial applicant no longer wanted to follow through with the rezoning but that she wanted to proceed to rezone the property to commercial. Mr. Robert Pena, 7817 Sheridan Road, appeared before Council in opposition of Zoning Docket No. ZC-09-019, and expressed concern with privacy since the property was next to his backyard. Council Member Jordan expressed concern that this commercial use would be next to residential property that had a homeowners' association. He stated that he would make a motion to deny without prejudice and that if the case came back to the Council for consideration in the future, he would approve for Planned Development zoning. He asked Ms. Burghdoff to inform Ms. Reynolds of her options when a case was denied without prejudice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 26 of 30 (Zoning Case No. ZC-09-019 Continued) Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-019 be denied without prejudice. The motion carried unanimously eight(8) ayes to zero (0) nays. Mayor Moncrief returned to Zoning Docket No. ZC-09-006 and Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, provided clarification regarding mini-warehouse developments. She advised that Planned Development zoning would be required for mini-warehouses; however, the applicant was not proposing mini-warehouses, but regular warehouses and office zoning and Planned Development zoning was allowed by right. 3.Zoning Docket No. ZC-09-006 - Billionaire 88 LTD. & Ben Gregory, 1500 & 1700 East Bonds Ranch Road; from "AG"" A rrc t ral to "I" Light Industrial. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-09-006 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 6.Zoning Docket No. SP-09-002 - Marshall Tillman, 1408 & 1412 Montgomery Street, Site Plan to Amend - a e the Original Configuration. Mr. Darin Norman, applicant, 2013 Thomas Place, appeared before Council in support of Site Plan No. SP-09-002. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Zoning Docket No. SP-09-002 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 7.Zoning Docket No. ZC-09-024 - City of Fort Worth Planning & Development, 2101 May Street; from "B" a r y to PPA-5PP One-FaMLIL. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-024 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 27 of 30 8.Zoning Doc et No. ZC-09-025 - City of Fort Worth Planning & Development, 2414 NW 26th Street; from "B" Two-Family to " -5" One-FaMLIL. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-025 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 9.Zoning Docket No. ZC-09-026 - City of Fort Worth Planning & Develo alveston Avenue; fr m "F" General Commercial to "A-5" One-Fa Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-09-026 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. b.Cases Recommended for Denial 1.It Appeare that the City ci at its eeti e r ary 7, 2 tinued Hearing for Zoning Docket No. ZC-08-174 - James Ayers/River District Holdings, LLC 357,359, 4072 409 Foch Street; 2740 Merrimac; 2729 Az lea Avenue and 2700 Block of Mercedes Ave e, from "112" Townhouse/Cluster to "MU-1" Low Intensitv Mixed Use Continued from Februar 17 2009 . Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-08-174 be denied without prejudice. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.Zoning Docket No. ZC-09-020 - Radi Khader, 3005 Mansfield Highway;-_from "E" Neighborh od Commercial to "FR" General Commercial Restricted. Mr. L. Edward Briscoe, Jr., 2240 Briardale Road, representing Glencrest Civic League Neighborhood Association, appeared before Council in opposition of Zoning Docket No. ZC-09-020. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-09-020 be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 28 of 30 3.Zoning Doc et No. ZC-09-023 - Pi3:ush aAt na NaiL _,272N28th Street; E" Neighborhood Commercial to "F" General Commercial. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-09-023 be denied with prejudice. The motion carried unanimously eight(8) 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 Espino made a motion, seconded by Council Member Moss, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18545-04-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF- STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS 1.Mr. Mike Wallace 9964 S wood Drive, Keller, TX - "A Place to S1 Mr. Mike Wallace, 9964 Sourwood Drive, Keller, Texas, 76248, representing "A Place to Sleep", appeared before Council and informed the Council of his non-profit program that built low income housing for "homeless" persons for under $25,000.00, and the future goals of the program. Mayor Moncrief advised Mr. Wallace of the City's homelessness plan, "Directions Home," that was based on quality, affordable and accessible housing. He asked Mr. Wallace to coordinate with Mr. Otis Thornton, the City's Homelessness Coordinator to make sure his proposal would fit in with the homelessness plan. He stated that the City was committed to fighting homelessness and was considering options in the City's ten-year plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 29 of 30 (XVI. CITIZEN PRESENTATIONS Continued) 2.Mr. Joe Don Brandon P.O. Box 1155 m RWorld Services Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and spoke regarding entities funded by the City and their appearance in the local newspapers. He added that the articles were not accurate of the ministries and asserted that they were not helping the homeless. He stated that some of the ministries were provided grants from the City. Mayor Moncrief asked him to provide a listing of these organizations and the list would be provided to the Law Department. Mr. Don Boren, 1755 Martel Avenue, representing West Meadowbrook Neighborhood Association, appeared before Council and spoke regarding a high pressure pipeline on Carter Avenue, the West Meadowbrook Neighborhood Association's unfavorable depiction by a citizen at a previous Council meeting, and House Bill 876 and Senate Bill 686. Mayor Pro Tern Hicks expressed appreciation to Mr. Boren for his community involvement and support. Ms. Wanda Conlin, 1755 Martel Avenue, appeared before Council, and spoke regarding the Carter Avenue pipeline and in support of the West Meadowbrook Neighborhood Association membership. Mr. Abraham Rivera, 1816 Evans Avenue, appeared before Council and spoke regarding property code violations and citations. He provided handout information to the Council regarding these issues. Mayor Pro tem Hicks asked him to meet with Mr. Brandon Bennett, Director, Code Compliance Department, to address these issues. Council Member Moss stated he had concern over the enforcement of City Code and violations. He added that once an issue left Code Compliance it went to Municipal Court which was a problem as the costs got excessive at this point. Mayor Moncrief stated the City had considered various options to remedy the situation. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 7, 2009 PAGE 30 of 30 XVIII.ADJOURNMENT There being no further business, the meeting was adjourned at 11:46 p.m. in memory of Bridgeport, Texas Police Officer Randy White, who was killed in the line of duty on April 2, 2009, and Pittsburgh, Pennsylvania Police Officers Eric Kelly, Stephen Mayhle, and Paul Sciullo, II, who were killed in the line of duty on April 4, 2009. These minutes approved by the Fort Worth City Council on the 14th day of April, 2009. Attest: Approved: MartAtendrix 7 Mig a, � J. one ' f City Secretary Mayo