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Home My WebLink About2010/02/02-Agenda-City Council CITY COUNCIL AGENDA FOR THE MEETING AT 7:00 P.M. TUESDAY, FEBRUARY 02, 2010 CITY COUNCIL CHAMBER, CITY HALL 1000 THROCKMORTON STREET, FORT WORTH, TEXAS I• CALL TO ORDER II. INVOCATION - Bishop Richard E. Young, The Chosen Vessel Cathedral III• PLEDGE OF ALLEGIANCE IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 26, 2010 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF VII. CONSENT AGENDA Items on the Consent Agenda require little or no deliberation by the City Council. Approval of the Consent Agenda authorizes the City Manager, or his designee, to implement each item in accordance with staff recommendations. A. General - Consent Items 1. M&C G-16826 - Approve Settlement of a Total of $148,000.00 in a Lawsuit Entitled Arnoldo Dominguez, Individually and as Heir of the Estate of Mirna Dominguez, Deceased; Maria Dominguez, Individually and as Heir of the Estate of Mirna Dominguez, Deceased; Fermin Vitolas, Individually and as Heir of the Estate of Fernando Fermin Vitolas, Deceased; Emilia Olivia Carrillo De Vitolas, Individually and as Heir of the Estate of Fernando Fermin Vitolas, Deceased, v. City of Fort Worth, Texas, Cause No. 17- 214442-05 2. M&C G-16827 - Approve Findings of Ground Transportation Coordinator Regarding Application of Agency LC Group, Inc., to Operate Twelve Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority 3. M&C G-16828 - Approve Findings of Ground Transportation Coordinator Regarding Application of Carey Limousine Dallas, Inc., to Operate Sixty Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority 4. M&C G-16829 - Adopt Ordinance Appropriating a $15,000.00 Payment from Linebarger Goggan Blair & Sampson, LLP Under City Secretary Contract No. 39231 for Collection of Delinquent Parking and Criminal Citations 5. M&C G-16830 - Adopt Ordinance Appropriating a $25,000.00 Payment from Linebarger Goggan Blair & Sampson, LLP Under City Secretary Contract No. 39231 for Collection of Delinquent Parking and Criminal Citations 6. M&C G-16831 - Accept a Contribution in the Amount of $100,000.00 from Fort Worth Botanical Society for Operation of the Botanic Garden Education and Volunteer Programs, Create New Program Account in Special Trust Fund, Authorize Transfer from the Council Date: 2/2/2010 General Fund to the Special Trust Fund, Authorize Amendment to License Agreement with Fort Worth Botanical Society and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) 7. M&C G-16832 - Authorize the Transfer of Water and Sewer Funds to the Special Trust Fund in the Amount of $38,288.00 to Fund One Senior Maintenance Worker Position at the Water Conservation Demonstration Garden in the Fort Worth Botanic Garden for Fiscal Year 2010 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) B. Purchase of Equipment, Materials, and Services - Consent Items - None C. Land - Consent Items 1. M&C L-14923 - Authorize Lease Agreement with the YMCA for Office Space Located at 2400 East Berry Street for the Police Department at an Annual Cost of$1.00 (COUNCIL DISTRICT 8) 2. M&C L-14924 - Authorize the City Manager to Execute a Lease Agreement with Oakwind, Ltd., for Office Space Located at 6857-A Green Oaks Road for the Police Department for the Amount of $7,500.00 Annually, Plus the Cost of Utilities (COUNCIL DISTRICT 7) 3. M&C L-14925 - Authorize the Temporary Road Closure of Old Denton Road Between Thompson Road and Summerfields Boulevard from February 3, 2010 to March 31, 2010 (COUNCIL DISTRICT 4) 4. M&C L-14926 - Authorize the Acquisition in Fee of 0.339 Acres of Land for Use as Right-of-Way from Realty Capital Golden Beach, Ltd. Located Along Golden Triangle Boulevard in North Fort Worth for $277,000.00 and Pay the Estimated Closing Costs of $5,000.00 (COUNCIL DISTRICT 2) D. Planning & Zoning - Consent Items 1. M&C PZ-2867 - Adopt an Ordinance Vacating a Portion of Margaret Street between Calmont Avenue and Birchman Avenue and an Alley Within Block 55, Factory Place Addition (COUNCIL DISTRICT 7) 2. M&C PZ-2868 - Authorize the City Manager to Initiate Rezoning of Certain Properties Generally Bounded by Boca Raton Boulevard, Larkspur Lane, Bridge Street and Fall River Drive in Accordance with the Comprehensive Plan (COUNCIL DISTRICT 4) E. Award of Contract - Consent Items 1. M&C C-24060 - Authorize Execution of an Agreement with Gallagher Benefit Services, Inc., for Actuarial and Consulting Services with an Anticipated First Year Cost of Approximately $50,000.00 2. M&C C-24061 - Authorize Execution of Contract in the Amount of $404,500.00 with Heritage Environmental Services, LLC for Transportation, Disposal and Recycling of Household Hazardous Wastes 3. M&C C-24062 - Authorize Change Order No. 3 in the Amount of $27,926.00 to City Secretary Contract No. 39312 with Industrial Refractory Services for the South Incinerator Repairs at the Village Creek Council Date: 2/2/2010 Wastewater Treatment Plant (COUNCIL DISTRICT 5) VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS-1757 - Notice of Claims for Alleged Damages and/or Injuries IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events 2. Recognition of Citizens XI. PRESENTATIONS BY THE CITY COUNCIL 1. Presentation on 100 Mentors in 100 Days 2. Changes in Membership on Boards and Commissions XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES XIII. RESOLUTIONS 1. A Resolution Appointing Jeff Wentworth to the Dallas-Fort Worth International Airport Board of Directors (Place 7) XIV. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General 1. M&C G-16808 - Adopt Appropriation Ordinance for Phase IV of the City's Energy Savings Performance Contract with Johnson Controls, Inc., in the Amount of $9,248,307.00 (Continued from a Previous Meeting) 2. M&C G-16808 - (Revised) Adopt Appropriation Ordinance for Phase IV of the City's Energy Savings Performance Contract with Johnson Controls, Inc., in the Amount of $9,248,307.00 and Confirm Payments Made (ALL COUNCIL DISTRICTS) 3. M&C G-16811 - Consider a Waiver Request by XTO Energy for a Gas Well Permit and a Multiple Gas Well Pad Site Permit Less Than 600 Feet from a Protected Use for the Page Lease Located at 400 Page Street (COUNCIL DISTRICT 9) (Continued from a Previous Meeting) (PUBLIC HEARING) a. Report of City Staff b. Citizen Presentations c. Council Action 4. M&C G-16812 - Consider a Waiver Request by XTO Energy for a Multiple Gas Well Pad Site Permit and Issuance of a Gas Well Permit Less Than 600 Feet from a Protected Use for the Wesco Lease Located at 580 East Rosedale Street (COUNCIL DISTRICT 8) (Continued from a Previous Meeting) (PUBLIC HEARING) a. Report of City Staff b. Citizen Presentations c. Council Action 5. M&C G-16833 - Adopt Ordinance Amending Chapter 15, Article II — Gas Drilling Council Date: 2/2/2010 and Production to Regulate Fresh Water Fracture Ponds in Floodplains and Future Rights-of-Way 6. M&C G-16834 - Approve Expenditure of Up to $285,354.53 from the Fort Worth Housing Trust Fund to Substitute for Previously Authorized City HOME Funds for Projects with Mental Health Housing Development Corporation and Neighborhood Land Corporation 7. M&C G-16835 - Consider a Waiver Request by Chesapeake Operating, Inc., for a Gas Well Permit Less Than 600 Feet from a Protected Use for the Maddox Lease Located at 1700 Mitchell Boulevard (COUNCIL DISTRICT 8) (PUBLIC HEARING) a. Report of City Staff b. Citizen Presentations c. Council Action C. Purchase of Equipment, Materials, and Services - None D. Land - None E. Planning & Zoning 1. M&C PZ-2865 - Adopt an Ordinance Vacating Two Portions of Ramsey Street and Two Alleyways Within Blocks 2 and 5 of the Hemphill Heights Addition (COUNCIL DISTRICT 9) (Continued from a Previous Meeting) F. Award of Contract 1. M&C C-24029 - Authorize Change Order No. 1 in the Amount of $151,600.00 to City Secretary Contract No. 37972 with Laughley Bridge and Construction, Inc., for Concrete Restoration 2008-1 at Various Locations and Add McCart Avenue and Bryant Irvin Road to the Contract (COUNCIL DISTRICTS 3 and 6) (Continued from a Previous Meeting) 2. M&C C-24029 - (Revised) Confirm Change Order No. 1 in the Amount of $151,600.00 to City Secretary Contract No. 37972 with Laughley Bridge and Construction, Inc., for Concrete Restoration 2008-1 at Various Locations (COUNCIL DISTRICTS 3 and 6) 3. M&C C-24063 - Authorize a Joint Ordinance and Boundary Agreement with the City of Lake Worth to Adjust the Boundaries Between the Cities of Fort Worth and Lake Worth (COUNCIL DISTRICT 7) 4. M&C C-24064 - Authorize Public Right-of-Way Use Agreement Granting Energy Transfer Fuel, LP a License for Construction and Operation of a Natural Gas Gathering Pipeline Across Trinity Boulevard at Arlington Bedford Road for a One-Time License Fee of$9,062.00 (COUNCIL DISTRICT 5) 5. M&C C-24065 - Authorize Execution of a Public Right-of-Way Use Agreement Granting Texas Midstream Gas Services, LLC a License to Construct and Operate a Natural Gas Gathering Pipeline Across Everman Parkway, East of Crowley Road (FM 731) for a One- Time License Fee of$5,244.00 (COUNCIL DISTRICT 6) Council Date: 2/2/2010 6. M&C C-24066 - Authorize Execution of a Public Right-of-Way Use Agreement Granting Chesapeake Operating, Inc., a License to Construct and Operate a Saltwater Pipeline Across Rockwood Lane, Approximately 945 Feet West of Jacksboro Highway for a One- Time License Fee of$3,174.00 (COUNCIL DISTRICT 2) 7. M&C C-24067 - Authorize Execution of a Public Right-of-Way Use Agreement Granting Devon Energy, a License to Construct and Operate a Saltwater Pipeline Across Silver Creek Road, South of Verna Trail for a One-Time License Fee of $2,714.00 (COUNCIL DISTRICT 7) 8. M&C C-24068 - Authorize an Agreement for Street Light Installation Services Citywide with C&S Utility Contractors Inc., for an Amount Not to Exceed $600.000.00 9. M&C C-24069 - Authorize a Change in Use and Expenditure of $122,153.86 of HOME Investment Partnerships Program Grant Funds to the Neighborhood Land Corporation for the Development of a Single Family House, Authorize Execution of Contract and Substantial Amendment to the City' s 2003-2004, 2004-2005, 2005-2006, 2006-2007 Action Plans (COUNCIL DISTRICT 8) 10. M&C C-24070 - Authorize Amendment No. 4 in the Amount of $13,577,350.00 to City Secretary Contract No. 29110 with Johnson Controls, Inc., to Implement Phase V, Section 1 of the City's Energy Savings Performance Contract at Village Creek Wastewater Treatment Plant and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) 11. M&C C-24071 - Authorize a Contract in the Amount of $2,085,982.70 with Jackson Construction, Ltd. to Construct the Westside III and Westside IV Water Line Project, Located at 12200 Old Weatherford Road and Adopt Appropriation Ordinance XV. ZONING HEARING 1. ZC-09-087 - (CD 2) - Profile Equities LLC, 3031 Honeysuckle Court; from: "A-5" One- Family to : "PD/SU" Planned Development for four detached single family units and one duplex on one lot; site plan included. (Recommended for Denial) (Continued from a Previous Meeting) 2. ZC-10-008 - (CD 8) - Vertex Asset Partners, 1524 East Berry Street; from: "PD-692" Planned Development for certain uses in "E" Neighborhood Commercial to: Amend "PD- 692" to "PD/MU-1" for all uses in "MU-1" Low Intensity Mixed Use excluding auto parts sales, furniture upholstering, refinishing or resale; gasoline sales; alcohol sales for off- premise consumption; and parking area or garage storage (commercial or auxiliary); site plan waiver recommended. (Recommended for Approval) (Continued from a Previous Meeting) 3. ZC-09-120 - (CD-ALL) - City of Fort Worth Planning & Development Department: Text Amendment: HCLC Preservation Overlay; An Ordinance Amending Article 5, "Historic Preservation Overlay Districts" to revise economic hardship criteria; to establish criteria for contributing and non-contributing structures; to revise process to amend guidelines; to provide for administrative approval of Certificate of Appropriateness for non-contributing and contributing structures; to provide that the Appeals board shall remand an appeal to the Historic and Cultural Landmarks Commission when new evidence or testimony is available; and to amend Chapter 9, "Definitions" to add definitions related to historic preservation. (Recommended for Approval) Council Date: 2/2/2010 4. ZC-10-006 - (CD 7) - Mark Lambeth, 4901 and 4909 Curzon Avenue; from: "B" Two-Family to: "PD/SU" Planned Development/Specific Use for seven attached residential units in two structures and one detached residential unit; site plan included. (Recommended for Denial) (Continued from a Previous Meeting) 5. ZC-09-145 - (CD 7) - Jose A. Castro, 4901 W. J. Boaz Road; from: "CR" Low Density Multifamily and "E" Neighborhood Commercial to: "A-2.5" One-Family. (Recommended for Approval) 6. ZC-10-001 - (CD 7) - The First Church of Christ, Scientist, 4705 Camp Bowie Boulevard; from: "CF/DD" Community Facilities/Demolition Delay to: "E/DD" Neighborhood Commercial/Demolition Delay. (Recommended for Approval) 7. ZC-10-002 - (CD 3) - G. Jay Hester, Fred Brown and Horizon General Contractors, Inc., 3308, 3312 Joyce Drive and 3309, 3313 Marquita Drive; from: "A-5" One-Family to: "I" Light Industrial. (Recommended for Approval) 8. ZC-10-003 - (CD 9) - Southwestern Baptist Theological Seminary and D. Phillips, 4740, 4744 Gordon Avenue and 4701 Townsend Drive; from: "B" Two-Family to: "CF" Community Facilities. (Recommended for Approval) 9. ZC-10-005 - (CD 8) - Renaissance Square, LLC, 2900 through 3100 blocks E. Berry Street and 3000 block of Burton Avenue, from: "A-5" One-Family and "B" Two-Family to: "E" Neighborhood Commercial. (Recommended for Approval as Amended to Deny without Prejudice 2937 East Berry) 10. ZC-10-007 - (CD 9) - Lewis Bauer, 3431 McCart Avenue; from: "PD-462" Planned Development for all uses in "E" Neighborhood Commercial plus woodworking shop with the following conditions: only one overhead door can be open during operating hours, all work to be performed indoors, sales of alcohol prohibited, no outside storage of dumpster, spray painting prohibited, site sketch included in approval with landscape and screening; site plan waived to Amend "PD-462" to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus wine storage and distribution; sales of alcohol prohibited, no outside storage or dumpster; site plan included. (Recommended for Approval as Amended for no outside storage or dumpster) 11. ZC-10-009 - (CD 6) - City of Fort Worth Planning & Development Department, 1517 Andante Drive, 1601 Country Manor Road, 7501 Crowley Road, 1516 Sycamore School Road; from: "B" Two-Family, "R2" Townhouse/Cluster, "CR" Low Density Multifamily, and "C" Medium Density Multifamily to: "A-5" One-Family and "CF" Community Facilities. (Recommended for Approval) 12. ZC-10-010 - (CD 8) - City of Fort Worth Planning & Development Department, West Meadowbrook Neighborhood, Phase 4, Generally bounded by Lancaster Avenue, Edgewood Terrace, the Union Pacific Railroad, and Rampert Street; from: "A-7.5" One- Family, "B" Two-Family, "CR" Low Density Multifamily, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "J" Medium Industrial, and "PD" Planned Developments 70 and 479 to: "A-5" One-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, and "FR" General Commercial Restricted. (Recommended for Approval as Amended and Deny without Prejudice 932 South Ayers) 13. ZC-10-011 - (CD 2) - City of Fort Worth Planning & Development Department, Far Greater Northside Historical Neighborhood, Phase 1, Generally bounded by Azle Avenue, Ephriham Avenue, Hanna Avenue, Angle Avenue, Sansom Park, and proposed Marine Creek Parkway; from: "AG" Agricultural, "A-7.5" One-Family, "A-5" One-Family, "B" Two-Family, "C" Medium Density Multifamily, "D" High Density Multifamily, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "I" Light Industrial, and "PD" Planned Developments Council Date: 2/2/2010 318 and 445 to: "AG" Agricultural, "A-5" One-Family, "CR" Low Density Multifamily, "CF" Community Facilities, and "E" Neighborhood Commercial. (Recommended for Approval as Amended) XVI. CITIZEN PRESENTATIONS XVII. EXECUTIVE SESSION (PRE-COUNCIL ) - See Attachment XVIII. ADJOURNMENT According to the City Council Rules of Procedures, individual citizen presentations shall be limited to three minutes, and group presentations shall be limited to ten minutes. The Mayor, at his discretion, may reasonably extend these limits. Fort Worth Council Chamber, is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are requested to contact the City's ADA Coordinator at(817) 392-8552 or e- mail ADAL&EortWorthTexas.gov at least 48 hours prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least 48 hours prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Council Date: 2/2/2010