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HomeMy WebLinkAbout2006/05/16-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Becky Haskin, District 4 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 City Staff Charles Boswell, City Manager David Yett, City Attorney Sylvia Glover, Assistant City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:11 a.m. on Tuesday, May 16, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Father Roger Grist, Saint Anne's Episcopal Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Espino, seconded by Council Member Approval of Haskin, the minutes of the regular meeting of May 9, 2006, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V Mr. Daniel Guerrero, Stay in School Coordinator for North Side High School, Special Fort Worth Independent School District (FWISD), introduced the following Presentations four students who completed the FWISD Truancy Program and their sponsors: Student& School Sponsor/Coordinator Brian Torlincasi Amy Hernandez Western Hills High School Pablo Galindo Mirna Davila South Hills High School CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 2 of 17 Stephen Dow Daniel Guerrero North Side High School Elizar Rodriguez Brenda Proctor Carter Riverside High School Mr. Guerrero summarized the program as an effort to reduce the truancy and drop-out rate by offering educational alternatives that they would benefit from. Council Member Haskin presented each of the students with a Molly pin in recognition of their completion of the program. Agenda Item VI Mayor Moncrief congratulated the Council and City staff for working hard to Announcements give the citizens of Fort Worth confidence in their City government. He added this was clearly shown with the resounding mandate expressed in the elections on May 13, 2006, with the tremendous victory the City was able to acquire with the kind of margins for the changes to City Charter. He further stated that voters also showed an overwhelming support for the Tarrant County Bond Election which obviously the City had interest and would benefit from. He further stated that he and the City Council looked forward to serving with Council Member-elect Danny Scarth and congratulated him on running a hard fought race for District 4. Council Member Espino announced that District 2 would conduct a Town Hall meeting for Far North Fort Worth on June 1, 2006, at the Texas Motor Speedway, starting with a reception at 6:30 p.m. and the meeting to follow at 7:00 p.m. He also commended the Fort Worth Hispanic Chamber of Commerce for a very successful Gala celebration on May 12, 2006. He added that the outcome of the Tarrant County Bond Election had some significant funding for improvements to Golden Triangle and that he was very pleased that all of the proposals passed. He further stated that the Council would continue to work with the County to address infrastructure and transportation issues regionally. Council Member Haskin congratulated Mr. Danny Scarth and his family on his victory of being elected as Council Member of District 4. She added that she looked forward to being replaced by him. Council Member Espino announced the passing of Mr. Arnold Velez on May 13, 2006. He added that Mr. Velez was an active member of the Hispanic Chamber of Commerce and that he founded the City's Spanish language newspaper, Diario La Estrella. He expressed condolences to his family and asked that today's meeting be adjourned in Mr. Velez's honor. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 3 of 17 Mayor Moncrief congratulated former District 2 Council Member Jim Lane and Ms. Marty Leonard on their election to the Tarrant Regional Water District Board on May 13, 2006. He added that he looked forward to working with them on various projects. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15183 be withdrawn. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Jordan, seconded by Council Consent Agenda Member Davis, the Council voted eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1555 M&C OCS-1555 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15198 M&C G-15198 — Adopting Appropriation Ordinance No. 16939-05-2006 Ord. No. 16939- increasing estimated receipts and appropriations in the Contract Street 05-2006 Maintenance Fund in the amount of$659,784.25 based on a receivable from the FY 2005-2006 Fort Worth Transportation Authority, for the purpose of funding a portion of Street the Fiscal Year 2005-2006 Street Maintenance Program. Maintenance Program G-15199 M&C G-15199 — Authorizing the City Manager to apply for and accept, if Ord. No. 16940- awarded, six 2007 grants from the Office of the Governor, Criminal Justice 05-2006 Division (CJD). These grants include Computer Crime Fraud Expansion, Cold FY 2007 Criminal Case Investigation, Violent Crimes Training, Internet Predator Unit, Domestic Justice Division Assault Response Team, and Enhanced Domestic Assault Response Team; Grant Funds authorizing the City Manager to agree to provide all required matching funds; authorizing the City Manager to designate the Assistant City Manager who manages the Police Department as the authorized official to accept, reject or alter the CID grants after they are awarded; providing assurance that funds will be returned to the CID in full in the event of loss or misuse of CID grant funds; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 4 of 17 authorizing the City Manager to transfer $203,020.00 from the Federal Awarded Assets Fund to the Grants Fund for the City's match; and adopting Appropriation Ordinance No. 16940-05-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of$644,297.00 from available funds for the purpose of funding grant projects in the Police Department. G-15200 M&C G-15200 — Authorizing the City Manager to apply for an accept a Ord. No. 16941- tobacco education and prevention grant from the Texas Comptroller of Public 05-2006 Accounts in the amount of $27,000.00; and adopting Appropriation Ordinance Statewide Tobacco No. 16941-05-2006 increasing estimated receipts and appropriations in the Education and Grants Fund in the amount of $27,000.00 subject to receipt of a tobacco Prevention education and prevention grant from the Texas Comptroller of Public Accounts, Program for the purpose of funding the Tobacco Prevention and Education Program. G-15201 M&C G-15201 —Approving Resolution No. 3345-05-2006 granting conditional Res. No. 3345-05- consent to the creation of the Alpha Ranch Water Control and Improvement 2006 District of Denton County in the extraterritorial jurisdiction. Create Alpha Ranch Water Control and Improvement District of Denton County P-10380 M&C P-10380 — Authorizing a sole source purchase agreement for Maintenance maintenance service and training for ozone generators with Ozonia North Service and America, Inc., for the Water Department, with payment due 30 days from Training invoice date; and authorizing this agreement to begin May 16, 2006, and expire May 15, 2007, with options to renew for two additional one-year periods. P-10381 M&C P-10381 — Authorizing a purchase agreement for laboratory sample Laboratory bottles with Quality Environmental Containers for the Water Department based Sample Bottles on best value. Shipping costs are included in the unit prices with payment due 30 days from date of invoice; authorizing this agreement to begin May 16, 2006, and expire May 15, 2007, with options to renew for two additional one- year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Local Code, Chapter 271.102, "Cooperative Purchasing". P-10382 M&C P-10382 — Authorizing the purchase of new police and development Police and Gas vehicles utilizing Houston Galveston Area Council (HGAC), Tarrant County Inspector Vehicles (TCC) and Texas Building and Procurement Commission Contracts (TBPC) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 5 of 17 with Philpott Ford, Caldwell Country Chevrolet and Dallas Dodge for the Police Department as listed below for a cost not to exceed $268,262.54 with payment due within 30 days of the invoice date. Freight is included in the unit price. Qtv. &Description Unit Price Extended Total HGAC GBP,Philpott Ford Police 4 ea. 2006 Ford F250 Pickup Trucks $22,280.63 $ 89,122.52 TCC 05-003, Caldwell Country Chevy Police 5 ea. 2006 Chevy Impalas $16,885.00 $ 84,425.00 TBPC 070-A2 Police 3 ea. Dodge Chargers $22,610.34 $ 67,831.02 HGAC D24, Philpott Ford Development 2 ea. 2006 Ford F150 Pickup Trucks $13,442.00 $ 26,884.00 Total $268,262.54 P-10383 M&C P-10383 — Authorizing the purchase of new trucks, high pressure washer Trucks, High and excavator utilizing Houston Galveston Area Council (HGAC) and Texas Pressure Washer Building & Procurement Commission (TBPC) contracts for the Water and Excavator Department as listed below for a cost not to exceed $376,811.44 with payment due 30 days from the invoice date. Freight is included in the unit price. Qtv. &Description Extended Total HGAC SCO1-06 Kinloch Equipment 1 ea. high pressure sewer cleaner $ 83,262.25 HGAC SCO1-06 Houston Freightliner 1 ea. Sterling Actera cab and chassis $ 36,021.00 HGAC EM06-05 Four Seasons Equipment 1 ea. HyundiaHL760-7 Excavator $130,563.44 TBPC 070-54 ATC Freightliner 1 ea. Pipe truck with 10-ton crane $126,964.75 Total $376,811.44 P-10384 M&C P-10384 — Authorizing a sole source purchase agreement with Skire, Unifier Software Inc., for Unifier software support, maintenance and application hosting services Support, of the Capital Project Management Systems for the Information Technology Maintenance and Solutions Department in the amount of $61,200.00 and payment due 30 days Application from receipt of invoice; authorizing the sole source agreement from Skire, Inc., Hosting Services for the hosting of the Unifier application for an annual amount of$100,000.00; and authorizing the agreements to begin May 16, 2006, and expire May 15, 2007, with options to renew for two additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 6 of 17 L-14190 M&C L-14190 — Authorizing the acquisition of 4.501 acres of vacant land Acquire Vacant described as a portion of the W. Sample Survey, Abstract No. 1207, Denton, Land for County, Texas, located northwest of Fort Worth Alliance Airport from DC Relocation of FM Metzger Properties, LTD., for the relocation of FM 156 as part of the Runway 156 as Part of Extension Project at Fort Worth Alliance Airport (DOE 4867); finding that the Runway Extension price offered in the amount of $137,250.00 and estimated closing cost of Project at Fort $3,000.00 is just compensation; and authorizing the acceptance and recording Worth Alliance of appropriate instruments. Airport L-14191 M&C L-14191 — Authorizing the City Manager to execute an agreement to sell Sale of City- 3,685 square feet of property located at the southwest corner of 6th Street and Owned Property University Drive to JaGee Real Properties, LP., for $46,062.50 in accordance with Section 272 of the Texas Local Government Code; and authorizing the City Manager to execute and record the appropriate deed conveying the property to JaGee Real Properties, LP. C-21453 M&C C-21453 — Authorizing the City Manager to enter into a consent Sanguinet agreement for signs with Sanguinet Building, L.P., authorizing use of the right- Building, L.P. of-way for signs at 450 Throckmorton Street. C-21454 M&C C-21454 — Authorizing the City Manager to execute a construction HCE contract in the amount of $180,047.00, with HCE Construction, Inc., for the Construction, Inc. construction of the pavilion and renovation of the Meadowbrook Golf Course Club House. C-21455 M&C C-21455 — Approving a grant application in the amount of$5,000.00 by Ord. No. 16942- the City Manager on March 22, 2006, for a grant from the Fireman's Fund 05-2006 Heritage Grant Program, accepting if awarded, and executing the grant Fireman's Fund agreement; and adopting Appropriation Ordinance No. 16942-05-2006 Heritage Grant increasing estimated receipts and appropriations in the Grants Fund in the amount of $5,000.00, subject to award of the grant from the Fireman's Fund Heritage Grant Program, for the purpose of funding the Learn Not to Burn program. C-21456 M&C C-21456 — Authorizing the City Manager to execute an engineering Alan Plummer agreement with Alan Plummer Associates, Inc., in the amount of $45,000.00 Associates,Inc. for the Northwest Water Treatment Plant Membrane Pilot Study. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 7 of 17 C-21457 M&C C-21457 —Recommending that the City Council: Ord. No. 16943- 05-2006 1. Authorize the City Manager to apply for and accept, if awarded, a grant YMCA of from the Criminal Justice Division of the Office of the Governor of Metropolitan Fort Texas in the amount of $78,222.00 to operate the Diamond Hill Worth and Camp Coalition After-School Program from September 1, 2006, to August 31, Fire USA First 2007; Texas Council 2. Adopt Appropriation Ordinance No. 16943-05-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $78,222.00, subject to receipt of the grant from Criminal Justice Division of the Office of the Governor of Texas, for the purpose of funding the operation of the Diamond Hill Coalition After-School Program; 3. Authorize the City Manager to designate an Assistant City Manager as the authorized official for the Diamond Hill Coalition After-School Program to accept, reject, or alter the grant, if awarded; and 4. Authorize the City Manager, contingent upon receipt of the grant award, to execute contracts with the YMCA of Metropolitan Fort Worth in an amount not to exceed $52,025.00; and Camp Fire USA First Texas Council in an amount not to exceed $26,197.00 to conduct the Diamond Hill Coalition After-School Program. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution for the recording of deed restrictions on behalf Res. No. 3346-05- of Dallas/Fort Worth International Airport as part of the Response Action Plan 2006 required by the Texas Commission for Environmental Quality (TCEQ). Deed Restrictions as Part of Council Member Davis made a motion, seconded by Council Member Jordan, Response Action that Resolution No. 3346-05-2006 be adopted. The motion carried Plan Required by unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall TCEQ absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 8 of 17 Res. No. 3347-05- There was presented a resolution in support of naming a U.S. Navy ship the 2006 USS Fort Worth. Name U.S. Navy Ship the USS Fort Council Member Davis made a motion, seconded by Council Member Jordan, Worth that Resolution No. 3347-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15183 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15183, dated May 9, 2006, Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2006-03-068 Amending Dallas/Fort Worth International Airport Board Resolution No. 88- 147, Construction and Fire Prevention Standards to Add Part Nine-Oil and Gas Exploration and Production and to Make Minor Revisions to Existing Standards for Clarification Purposes, be withdrawn from consideration. G-15202 There was presented Mayor and Council Communication No. G-15202 from Res. No. 3348-05- the City Manager recommending that the City Council adopt a resolution 2006 authorizing the City of Fort Worth to join and participate in the Atmos Gas Participate in Standing Steering Committee (Steering Committee) and to execute the Atmos Gas Participation Agreement; and designate the City Manager, or his designee, as Standing Steering the City's representative to receive notice and participate in and vote at Steering Committee Committee meetings. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15202 be approved and Resolution No. 3348-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15203 There was presented Mayor and Council Communication No. G-15203 from Ord. No. 16944- the City Manager recommending that the City Council adopt an ordinance 05-2006 suspending implementation of the rate adjustments proposed by Atmos Energy Suspend Interim Corp., Mid-Tex Division, as reflected in the "Annual Gas Reliability Rate Adjustments Infrastructure Rate Adjustment" filed by Atmos Energy Corp, Mid-Tex Proposed by Division, on March 31, 2006; authorizing the participation in a Gas Standing Atmos Energy at Steering Committee of other cities analyzing similar rate adjustment filings by Retain Atmos Energy Corp., Mid-Tex Division, and the hiring of consultants and Consultants to attorneys therewith; directing that Atmos Energy Corp., Mid-Tex Division, Study Propriety of reimburse the City for all such reasonable expenses; adopting declarations and Proposed Rate findings in the preamble; providing for a severability clause; providing for an Adjustment effective date; and directing that certified copies of this ordinance be delivered CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 9 of 17 to Atmos Energy Corp., Mid-Tex Division following its adoption; and authorize the City Manager to cooperate with other cities in the Atmos Energy Gas Distribution System and the Gas Standing Steering Committee to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates, and direct any administrative proceedings or litigation associated with the Interim Rate Adjustments filed with the City or with the Railroad Commission. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15203 be approved and Ordinance No. 16944-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14192 authorize conversion of Freemons Park for the subsurface drilling and Convert Freemons extraction of natural gas from an off site location. Mayor Moncrief opened the Park for public hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Extraction of Services Department, appeared before Council, gave a staff report and called Natural Gas attention to Mayor and Council Communication No. L-14192, as follows: There was presented Mayor and Council Communication No. L-14192 from the City Manager recommending that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Freemons Park, two tracts located in the J. Wilcox Survey, Abstract No. 1725, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 10 of 17 There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. L14192 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2678 There was presented Mayor and Council Communication No. PZ-2678 from the Ord No. 16945-05- City Manager recommending that the City Council adopt an ordinance vacating 2006 and extinguishing a portion of Leuda Street from Calhoun Street to Arizona Street Vacation Avenue, located adjacent to Lots 47 through 50, Tuckers Addition, an addition (VA-05-027) to the City of Fort Worth, Tarrant County, Texas. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2678 be approved and Ordinance No. 16945-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. PZ-2679 There was presented Mayor and Council Communication No. PZ-2679 from the Ord. No. 16946- City Manager recommending that the City Council adopt an ordinance vacating 05-2006 right-of-way described as Orea Way, located adjacent to Lot 4, Trinity Right-of-Way Industrial Park, an addition to the City of Fort Worth, Tarrant County, Texas. Vacation (VA-05-042) Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2679 be approved and Ordinance No. 16946-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21446 There was presented Mayor and Council Communication No. C-21446, dated Phoenix Property, May 9, 2006, from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an Enhanced Community Facilities Agreement with Phoenix Property, Inc., in an amount not to exceed $305,100.00 for streetscape enhancements around the Grand Marc Mixed-Use Development Project in accordance with the Berry Street Initiative Streetscape Design Standards. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21446 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 11 of 17 C-21458 There was presented Mayor and Council Communication No. C-21458 from the CDBG Year City Manager recommending that the City Council authorize the City Manager XXXII, ESG Year or his designee to execute contracts for Community Development Block Grant 2006-2007, Year XXXII, Emergency Shelter Grant Year 2006-2007, and Housing HOPWA Year Opportunities for Persons with AIDS Year 2006-2007, contingent upon 2006-2007 approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development for terms beginning June 1, 2006, and ending May 31, 2007; authorize the City Manager to extend or renew the contracts for up to one year if an organization requests an extension and such extension is necessary for completion of the project; and authorize the City Manager or his designee to amend the contract, if necessary, to achieve project goals, provided the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21458 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21459 There was presented Mayor and Council Communication No. C-21459 from the Manuel A. Pulido City Manager recommending that the City Council authorize the City Manager II to enter into an Artwork Restoration Contract, in the amount of $27,770.00, with Manuel A. Pulido II for restoration of the Northside Branch Library Mural. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21459 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21460 There was presented Mayor and Council Communication No. C-21460 from the Neighborhood City Manager recommending that the City Council approve the allocation of Land Corporation $443,500.00 in HOME Community Housing Development Organization funding for the Neighborhood Land Corporation (NLC), for development and operating expenses in support of a Single-Family New Construction project; authorize the City Manager or his designee to execute a contract with NLC for the project, with a two-year performance period beginning on the date of the execution of the contract; authorize the City Manager or his designee to extend or renew the contract for up to one year if NLC requests an extension and such extension is necessary for completion of the project; and authorize the City Manager or his designee to amend the contract, if necessary to achieve project CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 12 of 17 goals, provided that the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing use of federal grant funds. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21460 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21461 There was presented Mayor and Council Communication No. C-21461 from the Cleburne Utility City Manager recommending that the City Council authorize the City Manager Construction, Inc. to execute a contract with Cleburne Utility Construction, Inc., in the amount of $1,281,175.00 for Sewer Main Extensions, Replacements and Relocations Contract 2006A. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21461 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21462 There was presented Mayor and Council Communication No. C-21462 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 25212— Sandpiper to execute an amendment to City Secretary Contract No. 25212, an Airport Inn, Inc. Unimproved Ground Lease with Sandpiper Airport Inn, Inc., for Lease Site IS at Fort Worth Meacham International Airport, extending the term of the lease for ten years with two five year options to renew in exchange for discretionary improvements to Lease Site 1 S. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21462 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Public 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 Commercial Recorder, the official newspaper of the City of Fort Worth, on April 26, 2006. 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 MAY 16, 2006 PAGE 13 of 17 ZC-06-073A Council Member Davis made a motion, seconded by Council Member Burdette, Approved that the application of 3701 Hulen, Ltd., et al., for a change in zoning of property located at 3700 Hopkins Street from E-R" Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, with the following provisions: 10 foot setback for parking area along Fletcher Avenue, 5 foot setback for parking area along Hopkins Street, building setbacks to be in accordance with the "E" district, and with waiver of site plan recommended, Zoning Docket No. ZC-06-073A, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-088 It appeared that the City Council set today as the date for a Zoning Hearing for Continued Until Zoning Docket No. ZC-06-088, Text Amendment for natural gas compressors. June 13, 2006 Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Bob Riley, Development Department Director, stated that staff had received an e-mail from XTO Energy expressing concerns with a couple of the provisions in the recommendations of the City Zoning Commission, particularly related to the screening fence and landscaping of the facilities. He added that staff had no objection of the continuance to June 13, 2006. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-088 be continued until June 13, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-105 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 16947- Zoning Docket No. ZC-06-105, Text Amendment for Board of Adjustment 05-2006 Review Panels. Mayor Moncrief opened the public hearing and asked if there Text Amendment was anyone present desiring to be heard. Approved Council Member Silcox asked staff what was the start date for the review panel. Mr. Riley stated that the ordinance became effective after the second publication. He added that once the Council made their appointments to the panel, he anticipated it would be July before the first two panel hearings would take place. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 14 of 17 There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, Zoning Docket No. ZC-06- 105 be approved, and the following ordinance be adopted: ORDINANCE NO. 16947-05-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 2.101, `BOARD OF ADJUSTMENT" OF CHAPTER 2, "REVIEW BODIES", ARTICLE 1, TO CREATE TWO PANELS FOR THE BOARD OF ADJUSTMENT CONSISTING OF NINE MEMBERS EACH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-106 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 16948- Zoning Docket No. ZC-06-106, Text Amendment to remove requirements for 06-2006 appeal to Council. Mayor Moncrief opened the public hearing and asked if Text Amendment there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed, Zoning Docket No. ZC- 06-106 be approved, and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 15 of 17 ORDINANCE NO. 16948-05-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTIONS 3.504 AND SECTION 3.503 OF CHAPTER 3, "REVIEW PROCEDURES" TO DELETE THE REQUIREMENT TO FILE A WRITTEN APPEAL; AND TO AMEND THE CITY COUNCIL HEARING PROCESS ON A RECOMMENDATION OF DENIAL BY THE ZONING COMMISSION OF A REQUEST TO AMEND A ZONING DISTRICT BOUNDARY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Burdette, that the Zoning Hearing be closed, and that the following ordinance be adopted: ORDINANCE NO. 16949-05-2006 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, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16, 2006 PAGE 16 of 17 Item XVI Assistant City Secretary Glover stated that Mr. George Vernon Childs, 2800 Citizen Jennings, had requested that his presentation relative to a pool hall at 2801 Presentations Hemphill, Suite 107, be withdrawn. George Vernon Childs, Mr. Joe Don Brandon, P.O. Box 325, Euless, Texas, appeared before Council Joe Don Brandon relative to the alleged unreported rapes from residents of poor neighborhoods because of unresponsive Police action. He also requested that the City initiate an investigation of the Salvation Army on Lancaster for alleged abuse of the homeless. He called for everyone to stop contributing and shopping at the Salvation Army until this investigation was completed. Susan Arnett Ms. Susan Arnett, 4516 Angus Drive, appeared before Council relative to damages to her home resulting from blocked sewage lines and delayed service from the City. She summarized the incident and provided a timeline of when the incident was first identified until the time City crews arrived to assess the situation, a period of over 12 hours. She requested the City provide financial assistance for the damages as her insurance had limitations on reimbursement and the City was provided immunity from paying damages under the Texas Tort Claims Act. City Attorney Yett stated that this situation was very frustrating to many citizens and that State law actually prevented the City from paying damages unless certain conditions were met. He added that what the City had to do in each case was look and see whether or not the factual circumstances of the damage allowed the City to pay for the damages. He advised Ms. Arnett that the City was prevented from paying damages unless certain circumstances were present and that was a matter of State law and not a choice of the City Council. Council Member Silcox stated that he was torn between State law and Ms. Arnett's request. He asked City Manager Boswell to refer Ms. Arnett to the appropriate City staff and suggested the staff visit the residence to see what assistance could be provided. He also stated that he would like to be present when the staff visited the property. City Manager Boswell stated that this issue would be handled by the Water Department, Risk Management, and the Law Department. He referred Ms. Arnett to Mr. Frank Crumb, Water Department Director. Mayor Moncrief advised Ms. Arnett that the response to her situation was not acceptable and that the City needed to find out where the breakdown was. He stated that the City was limited by law on what assistance could be provided by the City, but assured her that the City would make every effort to see if her conditions could meet the standards by which the City could provide assistance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 16,2006 PAGE 17 of 17 Agenda Item There being no further business, the meeting was adjourned at 10:54 a.m. in XVIII honor of Mr. Arnold Velez. Adjournment These minutes approved by the Fort Worth City Council on the 23rd day of May, 2006. Attest: Approved: fN-\ rjt,,�O�IA�� Marty H drix Michael J. o crief City Secretary Mayor