Loading...
HomeMy WebLinkAbout2009/12/08-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I.CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:10 p.m. on Tuesday, December 8, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II.INVOCATION - Bishop Ben Tillman, Jesus Christ of Latter Day Saints Church The invocation was provided by Bishop Ben Tillman, Jesus Christ of Latter Day Saints Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF NOVEMBER 17 2009 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the minutes of the regular meeting of November 17, 2009, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. V.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. G-16774 be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 2 of 32 VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that the Tarrant County Appraisal District Resolution be withdrawn from consideration and replaced with the revised Tarrant County Appraisal District Resolution and that Mayor and Council Communication No. G-16763 be continued until the January 12, 2010, City Council meeting. VII.CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16766 - Authorizing the City Manager to Execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDot) for Federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) Funds in the Amount of $380,349.00; Authorizing the City Manager to Accept Federal CMAQ Funds from the TxDot, Awarded Through the North Central Texas Council of Governments' 2001 Land Use/Transportation Joint Venture Funds Program for a Pedestrian Improvement Project in the Ridglea Urban Village; Accepting a Pledge by Camp Bowie District, Inc., to Provide a 20 Percent Local Match Requirement Consisting of $83,677.00 Cash and $11,410.00 in In-Kind Contributions; Authorizing the Recording in the Grant Capital Projects Fund of $11,410.00 in In-Kind Revenue and Expenditures Representing the Contribution to the TxDot Made by Camp Bowie, Inc., in 2006; and Adopting Appropriation Ordinance No. 18931-12-2009 Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects Fund in the Amount of $475,436.00 for Ridglea Village Pedestrian and Streetscape Improvements. 2.M&C G-16767 - Adopting Resolution No. 3814-12-2009 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for Assisting the City with Legal Matters Regarding the Lawsuit Styled City of Fort Worth v. Crawford Farms Investors, Ltd., et al., Cause No. 96-232719-08 with an Additional Sum of $25,000.00; and Adopting Supplemental Appropriation Ordinance No. 18932-12-2009 Increasing the Estimated Receipts and Appropriations in the General Fund, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for Legal Representation in the Lawsuit. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 3 of 32 (VII. CONSENT AGENDA Continued) 3.M&C G-16768 - Adopting Supplemental Appropriation Ordinance No. 18933-12-2009 Increasing Estimated Receipts and Appropriations in the General Fund in the Amount of $10,000.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for Legal Representation in the Lawsuit Entitled City of Fort Worth v. D.R. Horton- Texas, Ltd., and Site Concrete, Inc.; and Adopting Resolution No. 3815-12-2009 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for Assisting the City with Legal Matters Regarding the Lawsuit, Cause No. 17-232717-08. 4.M&C G-16769 - Adopting Resolution No. 3816-12-2009 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for Assisting the City with Legal Matters Regarding the Lawsuit Styled City of Fort Worth v. The Heights of Park Vista, Ltd., and Mario Sinacola and Sons Excavating, Inc., Cause No. 153-232718-08, with an Additional Sum of $50,000.00; and Adopting Supplemental Appropriation Ordinance No. 18934-12-2009 Increasing Estimated Receipts and Appropriations in the General Fund and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for Legal Representation in the Lawsuit. 5.M&C G-16770 - Adopting Resolution No. 3817-12-2009 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for Assisting the City with Legal Matters Concerning the Water Department and Transportation and Public Works Contracts and Litigation with an Additional Sum of $150,000.00; and Adopting Supplemental Appropriation Ordinance No. 18935-12-2009 Increasing the Estimated Receipts and Appropriations in the Water and Sewer Fund and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for Legal Representation in Relation to Premature Street Failures. 6.M&C G-16771 - Authorizing the City Manager to Accept a Monetary Donation in the Amount of $19,761.00 from an Anonymous Donor; Adopting Appropriation Ordinance No. 18936-12-2009 Increasing Estimated Receipts and Appropriations in the Special Gifts Fund Upon Receipt of a Monetary Donation, for the Purpose of Transferring Said Funds to the General Fund for the Purchase of Rescue Equipment, Aircraft Rescue and Fire Fighting Radios for the Fire Department; Authorizing the Transfer from the Special Gifts Fund to the General Fund; Adopting Supplemental Appropriation Ordinance No. 18937-12-2009 Increasing Estimated Receipts and Appropriations in the General Fund from Available Funds for the Purchase of the Equipment; and Authorizing the Purchase of Equipment for Various Fire Stations in Accordance with City Regulations and State Laws. 7.M&C G-16772 - Authorizing the Transfer of $426.00 from the Office of Emergency Management General Fund to the Grants Fund as Additional City Matching Funds for the 2009 Emergency Management Performance Grant Award; and Adopting Appropriation Ordinance No. 18938-12-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund from Available Funds. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 4 of 32 (VII. CONSENT AGENDA Continued) 8.M&C G-16773 - Authorizing the Office of Emergency Management to Apply for the Fiscal Year 2010 Emergency Management Performance Grant from the Texas Division of Emergency Management of Approximately $145,000.00 to Reimburse Expenditures from the City's Emergency Management Program; If Awarded the Grant, Authorizing the City Manager to Accept the Grant and Executing a Grant Contract with the Texas Division of Emergency Management for the Amount of the Award; Authorizing a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund, for Interim Financing to Secure Continuation of the Emergency Management Program from One (1) Grant Funding Period to the Next; Authorizing Transfer of the Office of Emergency Management Funds from the General Fund to the Grants Fund as the City's Match for the Grant; and Adopting Appropriation Ordinance No. 18939-12- 2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $290,000.00, Upon Receipt of the Grant. 10.M&C G-16775 - Retaining Dwight A. Shupe and the Law Firm of K&L Gates as Outside Counsel, Pursuant to Chapter VI, Section 3 of the City Charter to Assist the City Attorney on the Legal Issues Related to the City's Extending the Runway at Alliance Airport from 9,000 to 11,000 Feet; and Adopting Resolution No. 3818-12-2009 Authorizing Payment of Up to $100,000.00 for Legal Services Related to Extending the Runway and Taxiways at Alliance Airport. 11.M&C G-16776 - Adopting the Capital Improvements Plan Citizens Advisory Committee's Semi-Annual Progress Report Concerning the Status of the Water and Wastewater Impact Fees. C.Land - Consent Items 1.M&C L-14894 - Authorizing the Direct Sale of Tax-Foreclosed Property Described as Lot 8, Block A, South Eastlawn Addition, Located at 1824 Lloyd Avenue, Fort Worth, Texas, to New Lloyd Street Church, Inc., in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of$791.63; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 2.M&C L-14895 - Authorizing the Acquisition of a Vacant Lot Described as Lot 7, Block 36, J.M. Moody Subdivision, Located at 3263 Hutchinson Street, Fort Worth, Texas, from Ricardo Salazar for the Lebow Channel Watershed Improvements Project; Finding that the Price of $5,500.00 Offered for the Purchase of the Vacant Lot is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay the Closing Costs Up to $1,500.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 5 of 32 (VII. CONSENT AGENDA Continued) 3.M&C L-14896 - Authorizing the City Manager to Enter into a Lease Agreement with the Lake Worth Boat and Ski Club for the City-Owned Property Located at 4001 Marina Drive, Legally Described as Lot 6R, Block 8, Lake Worth Leases, for One (1) 30-Year Term at an Annual Lease Rate of $13,784.00, with Annual Escalations of Three (3) Percent of the Annual Lease Rate for the First 30 Years, with Two (2) Additional Ten (10) Year Options to Renew at Market Adjusted Rates. E.Award of Contract- Consent Items 1.M&C C-23928 - Authorizing the City Manager to Execute a Communications Systems Agreement with the City of Forest Hill for Continued Participation in the City of Fort Worth's Two (2) Way Public Safety Radio System in Which the City of Forest Hill will Reimburse Its Share of Operations and Maintenance to Ensure No Cost to the City. During Fiscal Year 2010, the Reimbursement is Estimated to be Approximately $19,872.00. 2.M&C C-23929 - Authorizing the City Manager to Execute a Communications Systems Agreement with the City of Richland Hills for Continued Participation in the City of Fort Worth's Two (2) Way Public Safety Radio System in Which the City of Richland Hills will Reimburse Its Share of Operations and Maintenance to Ensure No Cost to the City. During Fiscal Year 2010, the Reimbursement is Estimated to be Approximately $21,024.00. 3.M&C C-23930 - Authorizing the City Manager to Execute a Contract with TEKsystems Global Services, LLC, to Provide Performance Testing and Analysis Services for PeopleSoft for the Human Resources and Payroll Phase I of Enterprise Resource Planning Using General Services Administration Contract GS-35F-0353L in an Amount not to Exceed $66,945.00. 4.M&C C-23931 - Authorizing a Substantial Amendment to the City's 2008-2009 Action Plan to Add Additional Funds for the Rehabilitation of Old Fire Station No. 10 Located at 2804 Lipscomb Street; Authorizing a Change in Use and Expenditure of an Additional $70,778.00 in Community Development Block Grant Funds for the Rehabilitation of Old Fire Station No. 10; and Authorizing Change Order No. 1 with Prime Construction Company for $30,778.00 to Replace the Existing Roof at Old Fire Station No. 10. 5.M&C C-23932 - Authorizing the Transfer of $36,872.00 from the Contract Street Maintenance Fund to the General Fund; Adopting Supplemental Appropriation Ordinance No. 18940-12-2009 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $36,872.00 from Available Funds for Bridge Repair and Repainting at Various Locations (2008-16); and Authorizing the City Manager to Execute Change Order No. 2 to City Secretary Contract No. 38161 with Gibson and Associates, Inc., for Bridge Repair and Repainting at Various Locations, Increasing the Total Contract Amount to $832,439.12. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 6 of 32 (VII. CONSENT AGENDA Continued) 6.M&C C-23933 -Authorizing the City Manager to Execute Change Order No. 4 in the Amount of $33,025.58 to City Secretary Contract No. 37340, a Construction Contract with JLB Contracting, LLC, for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Portions of Colvin Avenue, Irma Street and East Robert Street Revising the Original Contract Amount to $1,047,410.41. 7.M&C C-23934 - Adopting Supplemental Appropriation Ordinance No. 18941-12-2009 Increasing Estimated Receipts and Appropriations in the Red Light Enforcement Program Fund in the Amount of$41,000.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Transferring Said Funds to the Street Improvements Fund; Authorizing the Transfer from the Red Light Enforcement Program Fund to the Street Improvement Fund; Adopting Appropriation Ordinance No. 18942-12-2009 Increasing Estimated Receipts and Appropriations in the Street Improvements Fund from Available Funds, to Cover the Additional Cost of Added Sidewalk Locations for Sidewalk Replacement Contract SP-4; and Authorizing the City Manager to Execute Change Order No. 2 in the Amount of $57,554.29 to City Secretary Contract No. 37681 with Advanced Paving Acquisition, Ltd., d/b/a Advanced Paving Company, to Cover the Additional Cost of Added Sidewalks Increasing the Total of Contract Renewal No. 1 to $346,554.29. 8.M&C C-23935 - Authorizing the City Manager to Execute an Agreement with Lockwood, Andrews & Newnam, Inc., in the Amount of $347,280.00 for Broadmoor Drainage Master Plan and Storm Water Study. 9.M&C C-23936 - Authorizing the City Manager to Execute an Agreement with Kimley-Horn and Associates, Inc., in the Amount of $215,000.00 for the Cottonwood Creek Master Plan and Storm Water Study. 10.M&C C-23937 - Authorizing the City Manager to Execute Amendment No. 1 to an Interlocal Agreement (City Secretary Contract No. 38088) with the City of Keller for Drainage Improvements in and Around Katy Road to Increase City of Fort Worth Participation from $100,000.00 to an Amount not to Exceed $130,000.00. 11.M&C C-23938 - Authorizing the City Manager to Execute an Agreement with Dunaway Associates, Inc., in the Amount of $212,115.00 for the Ridglea Creek and Luther Creek Master Plan and Storm Water Study. 12.M&C C-23939 - Authorizing the City Manager to Execute an Agreement with Brown & Gay Engineers, Inc., in the Amount of $95,390.00 for the Lake Arlington West Shore Drainage Master Plan and Storm Water Study. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 7 of 32 (VII. CONSENT AGENDA Continued) 13.M&C C-23940 - Authorizing an Amendment to City Secretary Contract No. 36003 as Amended by City Secretary Contract No. 36632 with the Fort Worth Convention and Visitors Bureau for the Payment of Additional Funds to Pay Costs in Hosting the Religious Conference Management Association World Conference and Exposition, January 26 through January 29, 2010, in Fort Worth; Adopting Supplemental Appropriation Ordinance No. 18943- 12-2009 Increasing Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of$150,000.00, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount; and Authorizing Payment to the Fort Worth Convention and Visitors Bureau. 14.M&C C-23941 - Authorizing the City Manager to Accept Grant Funds in the Amount of $24,000.00 from the North Central Texas Council of Governments for the Police Department's Participation with the DFW Fugitive Apprehension Strike Team; Authorizing the City Manager to Enter Into a Contract with the North Central Texas Council of Governments for Implementation of the Grant Funded Project; and Adopting Appropriation Ordinance No. 18944-12-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant. 15.M&C C-23942 - Approving a Correction to M&C C-23804 to Change All References to the Awarding Agency from the North Texas Crime Commission to the North Central Texas Council of Governments; Approving a Change in the Fund/Center/Account Number to Reflect the North Central Texas Council of Governments as the Reimbursing Agency; and Approving the Adoption of Appropriation Ordinance No. 18945-12-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$30,000.00, Upon Receipt of a Grant from the North Central Texas Council of Governments for the Project Safe Neighborhood Program. 16.M&C C-23943 - Authorizing the City Manager to Execute a Professional Services Agreement with Enviromedia, Inc., to Prepare a Social Marketing Plan for the Environmental Management Department in the Amount of$160,000.00. 17.M&C C-23944 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $34,200.00 to City Secretary Contract No. 37273, an Engineering Services Agreement with Jacobs Engineering, Inc., for the Alliance Airport Runway Extension Project, Thereby Increasing the Total Fee to $1,128,482.48. 18.M&C C-23945 - Authorizing the City Manager to Execute a Written Consent to Assignment of Unimproved Ground Lease Agreement with Mandatory Improvements by Phaero, L.L.C., of All Leasehold Interest in City Secretary Contract No. 30199 at Fort Worth Meacham International Airport, to APIAQ Limited Partnership. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 8 of 32 (VII. CONSENT AGENDA Continued) 19.M&C C-23946 - Authorizing the City Manager to Execute a New Five (5) Year Lease with FieldTech Avionics, Inc., for Hangar 3N at Fort Worth Meacham International Airport with a Right of First Refusal to Renew the Lease of One (1)Additional Term of Five (5)Years. 20.M&C C-23947 - Rescinding City Secretary Contract No. 38666 with McClendon Construction Company, Inc., in the Amount of $213,648.00 Previously Authorized by M&C C- 23432 for Pavement Improvements at Fort Worth Meacham International Airport. 21.M&C C-23948 - Authorizing the City Manager to Execute the Second Five (5) Year Lease Renewal Option of City Secretary Contract No. 23530 with Texas Jet, Inc., for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3-A at Fort Worth Meacham International Airport. 22.M&C C-23949 - Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $40,100.50 to City Secretary Contract No. 38708 with S.J. Louis Construction of TX Ltd., for 36-Inch Water Main Extension Along Trinity Railway Express Right-of-Way from Tarrant Main to S.H. 360 at Trinity Boulevard,Part 4, Thereby Increasing the Contract Amount to $3,249,445.00. 23.M&C C-23950 - Authorizing the City Manager to Execute a Sanitary Sewer License Agreement with the Fort Worth & Western Railroad (FWWR) that Allows the City to Install a Sanitary Sewer Line Across the FWWR's Right-of-Way South of the Lancaster Avenue Bridge and East of Foch Street, for a Lump Sum Payment of$30,000.00. 24.M&C C-23951 - Authorizing the Transfer of $715,056.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18946-12-2009 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, from Available Funds, for Sanitary Sewer Rehabilitation Contract LX (60), Part 2 on Tierney Road and Tierney Court North; and Authorizing the City Manager to Execute a Contract in the Amount of$658,055.80 with Burnsco Construction, Inc. 25.M&C C-23952 - Authorizing the Transfer of $642,418.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount $32,030.00 and the Sewer Capital Projects Fund in the Amount of $610,388.00; Adopting Appropriation Ordinance No. 18947-12-2009 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, from Available Funds, for Water and Sanitary Sewer Rehabilitation Contract LXXI (71) Part 1, on Winesanker Way, Trail Lake Drive, Winifred Drive, Hastings Drive and Fallworth Court; and Authorizing the City Manager to Execute a Contract in the Amount of$583,918.00 with S.H.U.C., Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 9 of 32 (VII. CONSENT AGENDA Continued) 26.M&C C-23953 - Authorizing the Transfer of $194,875.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18948-12-2009 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, from Available Funds, for Sanitary Sewer Rehabilitation Contract LXI (61) on Adams Street, True Avenue and One Alleyway; and Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $183,875.00 to City Secretary Contract No. 27613 with Black and Veatch Corporation, Thereby Increasing the Contract Amount to $360,515.00. VIII.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S-1752 - Notice of Claims for Alleged Damages and/or Injuries 2.00S-1753 - Liability Bonds Approval End of Consent Agenda. A.General—(Removed from Consent Agenda for individual consideration.) 9.M&C G-16774 - Authorize the City Manager to Accent $1,500.00 from Keep Texas Beautiful r the HEB Green a ra t Recycling Program for School Recvcling Binds; and Adout o Appropriation Ordinance Increasing Estimated Receipts and Approp cations in the Grants Fund Upon Receipt of Funds. Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Moss left his place at the dais.) Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. G-16774 be approved and Appropriation Ordinance No. 18949-12-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Moss. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 10 of 32 IX. SPECIAL PRESENTATIONS, S,INTRODUCTION 1.Presentation of Proclamation for Y Sa tas Month Mayor Pro tem Scarth presented a Proclamation for Cowboy Santas Month to Ms. Sharon Armstrong, Chair, Cowboy Santas' Board. He stated that since 1981, the Cowboy Santas Program, a city-wide effort operated through the Parks and Community Services Department, had provided toys to low- income children aged 12 years and under throughout Fort Worth and Tarrant County. He further stated that through the dedication and support of local television and radio stations, City employees, private citizens, voluntary organizations, area businesses and various national toy drive participants, numerous toys and funds had been collected to support this program and were responsible for the progress of this collaboration. He pointed out that during the 2008 holiday season, despite the challenging economy, the program served more than 5,000 families by providing gifts for more than 13,000 children in addition to accumulating more than $136,000.00 in monetary contributions with the assistance of more than 1,000 volunteers who provided over 2,700 service hours bagging and delivering toys to families. He added that the 2009 program ran from November 9, 2009, through December 22, 2009. Ms. Armstrong expressed appreciation to the Mayor and Council Members for their support of the program throughout the City. Police Officer Jeff Bryan invited everyone to attend the Cowboy Santas Toy Drive in Sundance Square on December 10, 2009, from 6:00 a.m. to 8:00 a.m. and stated the program would serve 4,400 families and 11,770 children this year. He added that they hoped to meet or exceed their donations from last year. X.ANNOUNCEMENTS AND STAFF 1.Upcoming and Recent Events Council Member Burns announced that the Tracks to the Future Seminar would be held on December 11, 2009, from 8:00 a.m. to 3:15 p.m. regarding rail and economic development in North Texas. He stated that he would be speaking at the seminar along with Mayor Pro tem Scarth and Council Member Jordan. He also announced that his Council Aide Kristi Wiseman would be leaving the City to work for Senator Wendy Davis and stated she had been a wonderful asset to District 9 for 10 years and would be greatly missed. He invited everyone to attend the January 12, 2010, Council meeting to celebrate Kristi Wiseman's service. He introduced Ms. Melissa Mitchell, a District 9 resident, who would serve in the interim capacity through March 2010. Mayor Moncrief announced the January 5, 2010, Council meeting would be cancelled to allow everyone to attend the Fiesta Bowl football game on January 4, 2010. He advised that the Fiesta Bowl was the first BCS Bowl football game that Texas Christian University (TCU) had ever attended in the history of the football program. He encouraged citizens, local businesses, and staff to go casual and wear purple in support of the Horned Frogs. He congratulated the coaches and players and stated the TCU Horned Frogs were the City of Fort Worth's home team. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 11 of 32 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Scarth requested the Council Meeting be adjourned in memory of United States Paralympian Mr. Randy Snow, who passed away suddenly on November 19, 2009, while volunteering at a wheelchair tennis camp in El Salvador, doing something he loved. He stated that he had endeared himself to everyone he had come in contact with and would be deeply missed. Council Member Burdette announced that Catholic Charities of Fort Worth held their annual Creating Hope for Our Community Luncheon December 2, 2009, at the Will Rogers Memorial Center. He stated there were approximately 300 people in attendance and they raised $620,000.00 in donations. He added that the citizens of Fort Worth were all blessed to live in a city with so many charitable foundations. Council Member Hicks expressed appreciation to Senator Wendy Davis and all who contributed to the success of the meeting held last week regarding Carter Avenue. She stated that discussions would continue with the Texas Department of Transportation and Chesapeake Energy to determine an alternative to placing the pipeline through that corridor. She announced that members of Boy Scout Troop 97 from Saint Andrews Catholic Church were in attendance and introduced Boy Scouts Michael Fazi and Devon Ramachandra. She also announced that she, Mayor Pro tem Scarth and City Manager Fisseler attended the East Division Police Department holiday party and she commended the department and stated that Part I crimes had decreased by 10 percent in her district. She further announced that she along with a number of Council Members and City staff attended the Grand Opening for the Hazel Harvey Peace Center for Neighborhoods and stated it was a beautiful facility and expressed appreciation to all who attended the event. She stated the facility would house several City departments and would include space for community meetings. She added that the new facility was a part of the revitalization of the Evans Street Corridor. She expressed appreciation to Congressman Michael Burgess for all of his work in District 8 and throughout Fort Worth and presented a flag to Mayor Moncrief that was dedicated by Congressman Burgess who attended the opening celebration. She also requested that the Council Meeting be adjourned in memory of Mr. Ricky Allan, Fort Worth Metropolitan Black Chamber of Commerce Director of Contract Procurement Services, who passed away suddenly last weekend. Mayor Moncrief stated southeast Fort Worth continued to expand, grow, and create powerful partnership with the public and private sectors, and added that the area was the definition of progress. Council Member Moss announced that a Lake Shore Drive Public Meeting would be held on December 14, 2009, at 6:00 p.m. at the Eugene McCray Community Center regarding Lake Shore Drive which would connect the lake from the north and south. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 12 of 32 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Jordan announced that the Parade of Lights was held on November 27, 2009, and stated the event was a great success. He expressed appreciation to the 75 District 6 residents and business owners who helped build a float on which he and family members road on in the parade and also to the Citizens on Patrol and Police Officer Vargas for their assistance with the event. He also recognized Boy Scout Troop 97 District 6 members, Eric Birk, Garrett Gant, Zack Hemple, Patrick McCormick, Benjamin Shields, and Sam Wills, who were also present at the meeting. Mayor Moncrief expressed appreciation to the Boy Scouts for attending the meeting and stated that they were the future leaders of Fort Worth and added that they were only limited by their imagination and wished them success in the future. 2.Recognition of Citizens There were no citizens recognized at this time. XI.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Council Member Burdette expressed appreciation to Ms. Gale Cupp, who served for 6 years on the Parks and Community Services Board and who had met the term limit. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Ms. Linda Christie be appointed to Place 7 on the Parks and Community Services Advisory Board effective December 8, 2009, and with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that the following individuals be appointed/reappointed to boards/commissions/committees indicated, effective December 8, 2009, and with terms expiring as reflected: Appeals Board Ms. Valerie Wise—Place 5, expiring September 30, 2011 Urban Design Commission Mr. Don Smith—Place 5, expiring October 1, 2011 Library Advisory Board Ms. Regina Blair—Place 5, expiring October, 1, 2011 The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 13 of 32 (XI. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mr. Gerald "Gerry" Curtis be appointed to Place 3 on the Building Standards Commission effective December 8, 2009, and with a term expiring September 30, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. XIL PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIIL RESOLUTIONS 1.It was the Consensus of the Council that A Resolution of the City C ci the Citv of Fort Worth Texas, Casting the City of Fort Worth's 654 Allotted Votes Equally Divided in Two (2) for the Candidates Joe Potthoff(327 Votes) and John Molyneaux (327 Votes) to the Board of the Tarrant County Appraisal District, he Withdrawn from Consideration. 2.A Resolution of the City Council of the City of Fort Worth, Texas Casting the City of Fort Worth's 654 Allotted Votes for Candidate Joe Potthoff to the Board of the Tarrant County Appraisal istrict ( eyise ) Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that Resolution No. 3819-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.A Resolution Granting Approval to the Tarrant County Housing Finance Corp ration for the Use of the Proceeds of Its Series 2009 Sin2le Fami1v Mort2a2e Revenue Bonds to Finance Home Mortgages for Single Family Home s Located Within the Ci ty Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that Resolution No. 3820-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.A Resolution Granting Approval to the Tarrant County Housing Finance Corp ration for the Use of the Proceeds of Its Series 2010 Sin2le Fami1v Mort2a2e Revenue Bonds to Finance Home Mortgages for Single Family Home s Located Within the Ci ty CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 14 of 32 (XIII. RESOLUTIONS Continued) Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Resolution No. 3821-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.A Resolution Granting Approval to the Tarrant County Housing Finance Corp ration for the Use of the Proceeds of Its Series 2011 Single Fa mill Mortgage Reve n e Bonds to Finance Home Mortgages for Single Family Home Located Within the City Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Resolution No. 3822-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Moss returned to his place at the dais.) XIV.REPORT OF THE CITY MANAGER B.General 1.M&C G-16752 - Consider a Waiver Re guest by Quick ilver Resources for a as Well Permit Less than 600 Feet from a Protected Use at the Alliance TCN Lease Located at 3897 Litsev Road. LContinued from Nove HEARING Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and introduced Mr. Stephen Lindsey, representing Quicksilver Resources. Mr. Stephen Lindsey, representing Quicksilver Resources, 777 West Rosedale Street, appeared before Council and provided a presentation regarding the request for the waiver. Mayor Moncrief asked Mr. Lindsey to clarify if Quicksilver Resources was willing to begin researching or testing the air quality from their wells following the comments made by the Texas Commission on Environmental Quality (TCEQ) representative at the Council's Pre-Council meeting. Mr. Lindsey advised that Quicksilver Resources was already conducting preliminary studies and gathering research related to the TCEQ study. He added that Quicksilver took the air quality matter very seriously and preliminary tests results showed that the benzene levels at the tested site were well below the TCEQ recommended levels. Mayor Moncrief stated that he was encouraged by Mr. Lindsey's response and added that this was a very serious matter. He advised that the Council wanted more information on the air quality issues and would work closely with the TCEQ to receive accurate and timely information. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 15 of 32 (G-16752 Continued) b.Citizen Presentations Mr. Rennie Patterson, 15729 Ringdove Court, appeared before Council in opposition to Mayor and Council Communication No. G-16752 and spoke relative to the existing health and safety of the surrounding neighbors, comparison of studies being conducted, waiver distribution and protocol, property valuation, loan approval, and insurance. Mr. Patterson presented his proposal to Quicksilver Resources, stating they should keep mitigation efforts in place, procure an alternate pad site with a suggested minimum distance of 1000 feet, and to turn horizontal drilling toward the east to capture the intended shale bed with the mineral rights remaining intact. He added that if Quicksilver Resources accepted their proposal there would be zero threat to the homeowners and Quicksilver Resources would become a good neighbor. Ms. Marsha Pyeatt, 15629 Wheel Horse Trail, appeared before Council in opposition to Mayor and Council Communication No. G-16752 and relative to a gas well fire that occurred near her residence, trash and debris at the gas well site, clay type pit runoff that has collected and samples collected by the Texas Railroad Commission for testing, homeowner insurance coverage being charged for homes near well sites, Federal Housing Administration (FHA) guidelines for houses near well sites and property values. She requested that Council deny the request. The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G-16752 and were recognized by Mayor Moncrief but were not present in the Council Chamber: Richard Gorton, 15513 Landing Creek Lane Chris Gorton, 15513 Landing Creek Lane Mr. Lindsey spoke relative to the comments made by the residents of Chadwick Farms and stated that Quicksilver Resources was willing to meet with Council Members, representatives from Chadwick Farms, and staff to discuss and look at all alternatives. Council Member Espino advised that he would continue this item until January 26, 2010, to allow Quicksilver Resources and the property owners to reach an agreement where the minerals could be extracted and the neighborhood would be safe. Mayor Moncrief requested clarification about the FHA guidelines and asked City Attorney Yett to look into and provide information relative to which agency would have the top ruling regulations, the Railroad Commission or the FHA. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 16 of 32 (G-16752 Continued) c.Council Action Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. G-16752 be continued until the January 26, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.It was the Consensus of the Council that Mayor and Council Communication No. G-16763 - A t rize the Execution of a Memorandum of Understandin2 with the Trust for Public Land to Assist with the Acquisition of Park Land, be Continued Until the January 12, 2010, Council 3.M&C G-16777 - A an Ammormiation Ordinance Increasin2 the Estimated Receir)ts and Appropriations in the Water and Sewer Fund in the Amount of $6,864,995.05 and Decreasing the Unreserved, es ate fund Balance bv the Same Amount for ttt_Purpose of Transferring Said Fu ds to the Lake Worth Capital Im rovement Fund, the W ter and Sewer __"a pital Proiects Fund and the General Fund; A uthorize the Transfer of 359,$5 94.88 fom th , 6 r e Water a nd SgMIL 02erating Fund to the Lake Worth Capital Improvement Fund (C246); Authorize the Transfer of $1,005,300.17 fr m the Water and Sewer Operating Fund t the Water and Sewer C ion Ordinance Increasing_Estimated Receipts and Appropriations in the General Fund in the Amount of $500,000.00 from Available Funds, for Contribution to jLL_CLa&ital CamEaign for the New Museum of Science and Historv; Authorize the Transfer from the Water and Sewer Ogeraling Fund to the General Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Lake Worth Trust Fund_ (FE70) in the Amount of $668,708.37 from Available Funds for the Pullgm-2LiLankniflg Said Funds to the Lake Worth Capital Impro ement Fund; and Ant orize the Transfer from the Lake Worth Trust Fund to the Lake Worth Capital Improvement Fund (C246). Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16765 be approved and Appropriation Ordinance Nos. 18950-12-2009 and 18951-12-2009 and Supplemental Appropriation Ordinance No. 18952-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 17 of 32 4.M&C G-16778 - A esident of the City of ort Worth to Fill the Remainder of the Unexpired Term for Place 8 on the Board of Trustees of the City of Fort Worth Employees' Retirement Fund,with a Term Expiring August 31, 2010. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16765 be approved and Resolution No. 3823-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.M&C G-16779 - A the Seventeenth Sutmiem eta l Ordinance Authorizing the Issuance and Sale of City L2L Fort 2L2EjLTexas Water and Sewer System Revenue Bonds, Series 2009 in the A22re2ate Principal Amount of $16,265.,000.00 and Approving the Sale of the Bonds to the Texas Water Develop rrient Board. Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16779 be approved and Supplemental Ordinance No. 18953-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Espino left his place at the dais.) 6.MSC G-16780 - Authorize the City Manner to Amend and Extend the Current Contract with A s ti c., t r vi e r ealth Benefits Consulting Services and to Assist with the Develoment and Imthementation of Cost-Saving_Meas Measures, for an Anticipated First Year Cost of Approximately $262, 00.00. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16780 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 7.MSC G-16781 - Ad efines and Procedures for Tax Increment Reinvestment Zones (IffisjSpecificaliv in Re a rd to the Permissible Terms of Certain TIFs. Motion: Council Member Burdette made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. G-16781 be approved and Resolution No. 3824-12-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 18 of 32 8.M&C G-16782 - Adopt an Appropriati n Ordinance IncreasiflZ_jjjjM ate g_EgigjpjL and Appropriations in the Storm Water Revenue Bonds Series 2009 Fund for Proceeds from the Sale of Draingee Utility Revenue s, Series 2009 in the Amount of $45,698,387.14, for Cal2i al Improvem is to the Storm Water Infrastruct re Syste Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16782 be approved and Appropriation Ordinance No. 18954-12-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 9.MSC G-16783 - Authorize the City Manager to Submit Applications for Federal Funding Under the 2009 Transp rtation Enhancement TE) Program for the West Rosedale Streetscape Berry/Riverside Urban Lancaster Median Streetscape and Neiy borhood Transportation Connections for Pedestrian �h And Bicycle Pro*ects in the Amount of$10,841,480.00. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16783 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 10.MSC G-16784 - Authorize the City y_Manager to Acce t a $10,000.00 Advance Grant from PetSmart Charities to Provide Free Sr)av and Neuter Services at the Chuck Silcox Animal are and Control Center for Pit Bull Dogs Owned by Qualifying Fort Worth Residents, and Ado t jL an Atmrot)riation Ordinance Increasin2 the Estimated Receir)ts and Ammormiations in the Grants Fund, Upon Receipt of the Grant. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16784 be approved with appreciation and Appropriation Ordinance No. 18955-12-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent. 11.MSC G-16785 - Ador)t an ADDroDriation Ordinance Increasing Estimated Receir)ts and Appropria ions in the American Recoverl a d Reinvestment Act JARRAJ 2009 SRF Reclaimed Water Fund in the Amount of $16,265,000.00 to Support the Eastern Reclaimed Water S Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16785 be approved and Appropriation Ordinance No. 18956-12-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 19 of 32 12.M&C G-16786 - Approve t Parks and Communitl Services Department is Fiscal Year 2010 Gas W Ordinance Increasing the Estimated ReceiDts and ArmroDriations in the Park Gas Lease ProLect Fund in the Amount of $4,127,888.33, from Available Funds, for the Purpose of Funding the Plan. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16786 be approved and Appropriation Ordinance No. 18957-12-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 13.MSC G-16787 - Hold a Public Hearing Concerning the Expansion of the Boundaries and Extension of the Term of Tax Increment Reinvestment Zone No 9, City of Fort Worth, Texas (Trinity River Vision TIF) the App oval of Amended Pro*ect and Financing L _E!MLfor the Trinity River Vision TIF and the Concert of Tax Increment Financing Generally; and Adopt an Ordinance is Exp nds the Boundaries of 1he_Trinitl River Vision TIF to Include Certain Property to the East and South of the Current Boundaries; Extends the Expiration Date of the Trinitj Ri er Vision TIF to the Earlier of December 31, 2044, or t e Date on Which All TIF Proiect Costs, Tax Increment Bonds and Interest on Those Bonds if Applicable) Have Been Paid in Full; Approves Amended Project and Financing Plans for the Trinity River Vision TIF, as Previousiv Armroved bv the TIF's Board of Directors- and Contains Specific Findings of Fact i n Support of the Foregoing. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Ossana Hermosillo, Business Development Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. (Council Member Espino returned to his place at the dais.) b.Citizen Presentations Ms. Libby Willis, 2300 Primrose, appeared before Council in opposition to Mayor and Council Communication No. G-16787 and spoke relative to the Riverside Park Master Plan and flood storage, protection, and plains. She indicated the residents did not want to use the park for flood storage. Council Member Espino requested Mr. Randle Harwood, Director of the Program Management Office, provide clarification to explain the two projects. Mr. Harwood clarified that there were two projects, the TIF project and the Corps of Engineers project and stated a mix of both TIF dollars and federal funding would pay for the projects. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 20 of 32 (G-16787 Continued) Council Member Espino also stated there was concern that not all residents of the Riverside area were being represented. He added that at the next meeting they hoped to see more residents attend so a wider cross section of the area could provide input. c.Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-16787 be continued until the December 15, 2009, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. C.Purchase of Equipment, Materials, and Services L MSC P-11059 - Authorize a Purchase Agreement for Scrag Tire Transporting and kL2igjjjflg_with Fast ecyc i c., rte i rt Worth for a Total Annual st Not to Exceed $50,000.00 with Pavments Due 30 Days After Receipt of Invoice. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-11059 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC P-11060 - Authorize a Purchase and Maintenance Support Agreement with i2, Inc., for Visual InvejjjgAjjjL__AflA!jajE_ Software Licenses, Support and rai i r the Police Department, Intelhence Dli lsl®n, Utlhzln the General Services Administration Contract No. GS-35F-0241)for an Amount Up to $95,581.00. Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P-11060 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. D.Land 1.M&C L-14897 - Approve e Sae of a City®Owned Parcel Property Referre to as Parcel 136 Located South and rt Oakmont to the State of Texas for te Construction of the Southwest Parkway Project in the Amount of$2,001,347.00, and Authorize the Appropriate City e rase tatives to xec tote Documents NeggnAEL12 te t e Purchase of Parcel 3 , Located South of Overton Bridge Boulevard and North of Oakmont Boulevard in Fort Worth, exas, ei a Acre Tract of Land Situated in the J.F. Heath Survey, A stract No. City of Fort Worth, arra y9 exas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 21 of 32 (L-14897 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L-14897 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC L-14898 - Declare the Necessity of Taking an Interest in a Portion of Land Known as t , Block 1, Southwest Ambulatory Center Addition., Owned by USMD Hospital at Fort Worth, L.P., Located in Southwest Fort Worth, for the Widening of Dirks Road; and Authorize the Citv Attorney to Institute Condemnation Proceedin2s to Ac ire the Interests in the Land. Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L-14898 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC L-14899 - Authorize the Execution of an Amendment to Citv Secretary Contract No. 39397 with Energj Transfer Fuel, LP, for a N tural Gas Pipeline, to dd Texas Midstream Gas Services, L.L.C. as a Party to the Agreement and Allow for the Construction of an Additional Pipeline in the License Tract Located at 11310 South Freeway for a License Fee of$32,314.54 Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. L-14899 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.M&C L-14900 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protect on of Public Parks and Recreational Lands; F nd that No Feasible or Prudent Alternative Exists to Gateway Park for the Location of the Prop sed Salt Water Pit)eline; Find that the Pror)osed Salt Water Pir)eline Includes All Reasonable Planning to Minimize Harm to the Parkland and Including that the Pipeline will be Constructed in Gateway Park; Close the Public Hearing and Authorize the City Manager to Approve the Use of Approxim ate ll 22 Acres of Dedicated Parkland of Gatewal P rk for the Installation of a Four (4) Inch Salt Water Pipeline; and Authorize the Execution of a License Agreement with Chesapeake Operating, Inc., in the Amount of $44,457.90 for Gateway Park Located at 751 Beach Street, East of Beach Street North of 1-30 Tom Landry Highway, South of First Street and West of Oakmont Boulevard. 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 DECEMBER 8, 2009 PAGE 22 of 32 (L-14900 Continued) a.Report of City Staff Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. L-14892 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Jordan returned to this place at the dais.) E.Planning & Zoning 1.M&C PZ-2859 - Adopt an Or i a ce Vacating and xti is i an Alley ocated in the J.N. Ellis Survey, Adiacent to Lot 6 of the C.T. Hodge Addition and Lot 1, Block 2 of the J.T. Blanchard Subdivision and an Alley Located in the J.N. Ellis Survey, Adjacent to Lots 1 and 2 of the J.T. Blanchard Subdivision in the City of Fort Worth, Tarrant County, Texas, Near the Intersection e Street and a e Avenue; and ave A y an All Purchase Fee Value of the Vacated a in Accordance with Citv icy ( - Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2859 be approved with the amendment that Hunter Equity, LLC and Hunter DG Hemphill, LP, the developers for this project on which the land was located, receive a refund of the eligible Neighborhood Empowerment Zone (NEZ) fees paid and that Ordinance No. 18958-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 23 of 32 F.Award of Contract 1.M&C C-23916 - Approve the E tension of the Cobb Park Lease AgEgLinent with Chesapeake Exploration,, L.L.C., for a 2® Period in the Amount of $126,018.00 r Natural Gas Drilfin2 Under 42•006 Acres, More or Lessof Cobb Park Properties Not Currently being Produced (Continued from November 17, 2009) Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23916 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 2.M&C C-23954 - Authorize the City Manager to Execute a Contract in the Amount of $187,200.0 with the Washington, D.C., Firm, he Franklin Partnership, L.L.C., fo Professional Services Involving Co sultation and Represe tation BefoELILL_LgRgEtEL_2LI e United States, United States Federal Agencies and the White House Administration. The Term of the Contract will be from December 1,2009, to November 3a, 2ala. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23954 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Hicks casting the dissenting vote. 3.MSC C-23955 - Authorize the Execution of a Contract in an Amount Not to Exceed $500,000.0 with the Fort Worth Museum of Science and History to Prom to Artistic and Cultural Activities. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23955 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.MSC C-23956 - Authorize a Professional Services Agreement with C Liber,Inc.,for a Business State of Texas Depart e of Information Resources Contract No. DIR- SDD-685 for the Information Technology Solutions Department at a Cost Not to Exceed $160,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 24 of 32 (C-23956 Continued) Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23956 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.MSC C-23957 - Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Autwouriations in the Fire Services Fund in the Amount of $250,000.00, from vailable Funds, for the Enhancement of the City's Emergency Communications Trail Authorize Award of a Contract with Motorola, Inc., fo the Enhancements to the City's Emergency Communications Trailer Using a Houston-Galveston Area Council Coop rative Contract for the Information Technolo2v Solution Department r a Cost Not to Exceed $223,000.00 Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23957 be approved and Appropriation Ordinance No. 18959-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 6.MSC C-23958 - Authorize the Execution of an Agreement with Motorola Inc., Using Houston-Galveston Area Contract No. RA 01-08 for Equim eta nd Professional Services to Migrate the Public Safety Radio System to the New Replacement Communication Tower Located at the Rolling Hills Water Treatment Plant for the Information Technology Solutions RoArtment at a Cost Not to Exceed $496,000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23958 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 7.MSC C-23959 - Authorize the Transfer of$320,763.75 from the Water and Sewer Operating Fund to the Water 'a it Proiects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund, from Available Funds., for Pavement Reconstruction and Water Main Replacement, (Groug C, Project No. 00923, DOE No. 6236); and Authorize the City Manager to Execute a Contract with McClendon Construction Company, Inc., in the Amount of$1,329,225.75 on Portions of Avenue G, Campbell Street, Fitzhugh Avenue, Sargent Street and Str Ave e. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23959 be approved and Appropriation Ordinance No. 18960-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 25 of 32 8.M&C C-23960 - Ratify an Emergency Con tract with Cleburne Utility for Rep airs to itary Sewer Main 253 in the Amount of$229,713.02 Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23960 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 9.MSC C-23961 - Authorize the City Manager to Execute a Contract in the Amount of $2,331,199.00 with North Texas _CLontracting, Inc., for the Villa e Creek Reclaimed Water Eastern Delivery System Distribution Main Part I and 4 Located North and East of the Village Creek Wastewater Treatment Plant. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23961 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 10.MSC C-23962 - Authorize the City Manager to Execute a Contract with W.R. Hodson Companv, L.P.,forte Village Creek Reclaimed Water Eastern Defivery System Distribution Main Part 2 South of Trinity Boulevard and West of FM-157 in the Amount of$4,762,729.50. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23962 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 11.MSC C-23963 - Authorize the City Manager to Execute a Contract in the Amount of $3,287,350.00 with Conatser Construction TX,Inc., for the Village Creek Reclaimed Water Eastern Deliver System Distribution Main Part 3 from FM-157 to DFW International Airp rt. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23963 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 12.M&C C-23964 - Authorize the City Manager to Execute a Contract with Ark Contracting Services, LLC, for the Village Creek Reclaimed Water Eastern Delivery System Pump Station Located at the VillagLC 16758000. �reek Wastewater Treatment Plant in the Amount of$3, a Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23964 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 26 of 32 13.M&C C-23965 - Authorize the ity a s er t xec ute Individual Contracts to Provide Wholesale Reclaimed Water Service to the City of Arlington the City of Euless and the DFW International Airport; and Authorize the City Manaeer to Execute Memorandums of Understanding for Federal Stimulu Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23965 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 14.MSC C-23966 - Authorize the Transfer of $1,678,696.00 from the Water and Sewer 0 Teratiny,Fund to the Sewer Capital Projects Fund; Adopt an Appropria ion Ordinance Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, from Available Funds for Clear Fork Drainage Basin Sanitary ewer Rehabilitation and Improvements Part 2 on Rubv Place Irene DriveZ Boaz Place,Wellington Road and Camp Bowie Boulevard- and Authorize the City Manager to xecute a Contract with the Lowest Resr)onsive and Responsible Bidder, Conat er Construction TX LP, in the Amount of $125832200.00. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23966 be approved and Appropriation Ordinance No. 18961-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 15.MSC C-23967 - Authorize the Acceptance of $181,388.25 from Edwards Geren Limited in the Amounts_of $42 001.8 for Additional Water and SewE CaDacities ,386.36 and $139, L _ Associated with Edwards Ranch Road, Phase III Respectively; Authorize the Transfer of $2,969,708.00 from the Water and Sewer Fund to the Water Capit r jects in the Amount of $518,509.00 and the Sewer Capital Projects Fund in the Amount of $2,451,1 9.00 from Available Funds; Adopt an Appropriati n Ordinance Increasing the Estimated Receip is and Appropriations in the Water Capital Projects Fund in the Amount of$560,895.36 and in the Sewer Capital Pro*ects Fund in the Amount of $2,5 200.89 from A ailable Fun s, r star and Sanitary Sewer Main Imt)rovements on Edwards Ranch Road, Phas III and Clearfork Main Street; and A thorize the City Manager to E ecute a Contract with S.J. Louis Construction of Texas Ltd in the Amount of$2,787,657. 4. Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23967 be approved and Appropriation Ordinance No. 18962-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 27 of 32 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 November 19, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1._____ c 74 - City of Fort Worth, Blocks of Misso r Ave e, South ay ( -3 and va s Avenue; fr ® "MU-I" Intensity ixe sea "MU- I/HC" Low Intensitj Mixed- se/Historic and t r°a Over ay t P° /E" Planned Development for PPEPP Nei2hhorhood Commercial Minus Certain Uses, (Tract 191 Planned Deyg!2pment for Low Intensity Mixed-Use and "PD/1i U—I/HC" Planned Develo ment r Low Intensitv Mixed-Use/Historic & Cultural Overlay, Minus Certain Uses Development Standards Provided. Site Plan Required (Recorr►mended for A��iroval). Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-09-074 be approved with appreciation to staff. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.It_Appeared that the City Council at its Meeting of November 17, 2009, Continued Zoning Docket m 7 m Profile Eguiti es LLC,.3031 Honeysuckle Court; from "A-S" e- a i y to "PD/SUP° Planned Development for Four (4) Detached Single Family Units and One (1) Flex on One (1)Lot; Site Plan Included. (Recommended for Denial). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Motion: There being no one present desiring to be heard in connection with the zoning hearing, Council Member Espino made a motion, seconded by Council Member Hicks, that the public hearing be closed and Zoning Docket No. ZC-09-087 be continued until the January 12, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.ItAtmeared that the City Council at its Meeting of November 17, 2009, Continued Zoning Docket No. ZC-09-106 e Khader,_4635 Mansfield i ay, r "B" a i y t "PD/E" Planned eve e t for All Uses in "E" Nei2hborhood Commercial S Auto Sales and Detailing; Site Plan Included. (Recommended for Denial). 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 DECEMBER 8, 2009 PAGE 28 of 32 (ZC-09-106 Continued) Mr. Christopher R. Bonilla, 8540 Charleston, representing the applicant, appeared before Council in support of Zoning Docket No. ZC-09-106 and provided artist renderings of the proposed building. He stated that he met with neighbors and officials from the City of Forest Hill as requested by Council Member Moss and had received positive feedback and support. Council Member Moss stated that the three issues with the proposed request on November 17, 2009, were: no comments were received by the neighbors, the Echo Heights residents were concerned with the rezoning, and the City of Forest Hill had specifications for development along Mansfield Highway. He further stated that since the last meeting, the applicant had met with all parties and that it was determined that this proposal met all of the criteria and would set a positive example of quality development in the area. Council Member Hicks requested clarification of the zoning in the area. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that the zoning request was from "B" Two-Family to "PD/E" Planned Development for All Uses and stated that the proposed structure was consistent with what was allowed in those areas. Motion: There being no one else present desiring to be heard in connection with the zoning hearing, Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and Zoning Docket No. ZC-09-106 be approved with site plan. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.Zoning Docket No. ZC-09-124 - Richard & Chandra Riccetti, 715, 801 Hawthorne Street, 2100,2104, a 2 e Street, r : "B/HC" - a yf s r c Cultural ver ay and "ER/HC" Nei2hborhood Commercial estricte f ist ric & Cultural Overlay to: `°PD/SU/HC`° Planned Development/Specific Use for Restaurant, Cafe, Catering Facility, Cafeterias Cooking School, Wedding Service, Bakery, Bed & Breakfast Inn, Offices, Medical Services, Including Do tors Office Art, A are , t 1 r al r, Se a 1Ca S leS, Antique, Leather Goods, Daycare/Kindergarten (Child), Place of Worship/Worship Auxiliary TJses Studio (Art �i Photora�hy), Museum/Cultural Facility, Library, Fine Arts, Bank, Financial Institution (No Drive-Thru), Community Center, Recreation Center (Private or Non- Profit), Health or Recreation Club (Not Oven 24 hours), Interior Decorating, Auxiliary Parking and a Maximum of 8 Residential Units Per Site /Historical & Cultural Overlay; Site Plan Included. (Recommended for A��roval). Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-09-124 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 29 of 32 5.Zoning Doc et No. ZC-09-125 - Sara Burke, 59 8 Lovell Avenue-_frotw. "C" Mediu e city Multi-Family to: "ER" Neighborh od Commercial Restricted. Recommended for Ms. Dee Dee Herring, 6040 Camp Bowie Boulevard, appeared before Council in support of Zoning Docket No. ZC-09-125 and relative to the zoning in the surrounding block and stated all of the surrounding properties were zoned "ER" Neighborhood Commercial. Council Member Burdette requested clarification from Ms. Herring on a previous zoning request from last month. Ms. Herring advised that the request was for rezoning of an adjacent property, 5 924 Lovell Avenue. Ms. Era Rose Smith, 5909 Locke Avenue, appeared before Council in opposition to Zoning Docket No. ZC-09-125, and provided a handout and photographs of the surrounding properties. She also spoke relative to security of the residential neighborhood, the commercial lights that shine into the neighbors backyard, and inadequate parking and requested that Council deny this request and also rezone all properties on 5900 block of Lovell Avenue to Residential. She indicated her concern of once commercial zoning was approved then it continued to expand into the residential areas. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-09-125 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6.Zoniny,,Docket No. ZC-09-126 - East Lancaster Joint Venture 4425 East Lancaster Avenue; from: "PD-127" Planned Deve lo ment for "E" Uses Plus Taxi is atch Facility Not to be Used as a Taxi Stand with Parking Lp to Five (5} Limousines; with Restrictions to Screening, D��ster Location, Alcohol Sales, Repair of Vehicles, Storage of erable Vehicles; r Lighting; Ingress/Egress to be Off of East Lancaster; and Signage to be in Accordance with the "E" District; Site Plan Required to. Amend "PD-127" Planned Devel 11 Uses in "E" Neighborhood Commercial Plus Retail Auto Parts Sales, a 15' Buffer Required on the North Propertl Line; Site Plan Included. ecommended for Appro al as Amended for bu The following individuals completed speaker cards in support of Zoning Docket No. ZC-09-126 but did not wish to address the Council: Mr. Jake Jordan, Applicant, 9400 North Central Expressway, Suite 1630 Ms. Wanda Conlin, 1755 Martel Avenue Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-126 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 30 of 32 7.Zoning Doc et No. ZC-09-128 - Fort Worth Ho!!§jflg_Aajh2LjI3l ar ra s , 700 Horne Street; from: "C" Medium Density Multi-Family and "E" Neigh orhood Commercial to: "PD/C" Planned Development for All Uses in "C" Medium Densitv Multi-Family for Parkin, Set back,Open SEace,and Fence Waivers; Site Ian Includeq.LRecommended for A Mr. Ramon Guajardo, 4400 Northview Court, representing the applicant, completed a speaker card in support of Zoning Docket No. ZC-09-128 but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-09-128 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 8.Zoning Docket No. ZC-09-129 - James Walter, 9528 Camp Bowie West and 9545 Santa Paula Drive; from: "E" Neighborhood Commercial and "FR" General Commercial Restricted to: "I" Light Industrial. (Recommended for Mr. Jim Walter, 8012 C.R. 804, completed a speaker card in support of Zoning Docket No. ZC-09- 128 but did not wish to address the Council. Council Member Zimmerman stated there was an error and that Bryant Irvin Road was referenced in the zoning case and that staff would correct the error. Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-129 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. 9.Zoning Docket No. SP-09-005 - 2008 Lifetime Management US, Inc., 3200 NW Loom 820; Site Plan for Equiment Stora2e for PD-797. (Reco mended for ADjLrovall Mr. Jeff Linder, 4113 Duncan Way, representing the applicant, completed a speaker card in support of Zoning Docket No. ZC-09-128 but did not wish to address the Council. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Site Plan No. SP-09-005 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 10.Zoning_Docket No. ZC-09-130 - City of Fort Worth Planning & Development Department, Gen era I13: North of SH 114 and West of Texas Motor Spee dway; from: Unz d to: "I" Light Industrial. 000 Block of SH 114 Continued 30 Aaysl CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 31 of 32 (ZC-09-130 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-09-130 be approved as amended, with appreciation to staff. The motion carried unanimously nine (9) ayes to zero (0) nays. 11.Zoning Docket No. ZC-09-131 - City of Fort Worth Planning & Development Department, 300 Blocks of Altamesa Road and Duuont Circl " Medium Densitv Multi-Familv and "E" Neighborhood Commercial to: "A-5" One-Family. (Recommended for Approval). Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-09-131 be continued until the January 12, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 12.Zoning_Docket No. ZC-09-132 - City of Fort Worth Planning & Development Department, West Me ook Neighborhood,Phase 2, Generaliv Bounded bv Lancaster Avenue Ben "B" Two-Family, " /HC" Two- Family/Historical and Cultural Overlay, "CR" Low Density Multi-Family, "C" Medium Density Multi-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted "E" Neighborhood Commercial,"FR" General Commercial Restricted, "F" General Commercial "G" Intensive Commercial, and "PD" Planned ents 140 and 291 to: "A-7.5" One- Familv, "A-7.5/11C" One-Familv[Historical and Cultural firer ay, "A-5" One-Familv, "B" Two- Family, "CF" Community Facilities, "ER" Neighbor ood Commercial Restricted "E" Neighborh od Commercial, and Intensive Comm erciaL(Recom mended for_Appro fire l). Wanda Conlin, 1755 Martel Avenue, appeared before Council in support of Zoning Docket No. ZC- 09-132 and relative to next phase of redevelopment for the West Meadowbrook area. Mr. Michael Fazy, 2404 Stratford Court, appeared before Council in support of Zoning Docket No. ZC-09-132 and relative to preservation of Tandy Hills Park and green space in the area. Mr. Michael P. Phillips, 4451 Normandy Road, completed a speaker card in support of Zoning Docket No. ZC-09-132 but did not wish to address the Council. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-132 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 8, 2009 PAGE 32 of 32 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 Mayor Pro tem Scarth, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18963-12-2009 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 nine (9) ayes to zero (0) nays. XVI.CITIZEN PRESENTATIONS 1.Mr. Joe Don Brandon, PO Box 11.55, Complaint Against City Manager's Office Mayor Moncrief recognized Mr. Joe Don Brandon, P.O. Box 1155,but Mr. Brandon was not present in the Council Chambers at this time. XVIII.ADJOURNMENT There being no further business the meeting was adjourned at 9:23 p.m. in memory of United States Paralympian Mr. Randy Snow and Mr. Ricky Allan, Fort Worth Metropolitan Black Chamber of Commerce. These minutes approved by the Fort Worth City Council on the 15th day of December, 2009. Attest: Approved: c y1 Marty endrix Michael J. Monc of City Secretary Mayor