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HomeMy WebLinkAbout2010/03/02-Agenda-City Council CITY COUNCIL AGENDA FOR THE MEETING AT 7:00 P.M. TUESDAY, MARCH 02, 2010 CITY COUNCIL CHAMBER, CITY HALL 1000 THROCKMORTON STREET, FORT WORTH, TEXAS I• CALL TO ORDER II. INVOCATION - Reverend Frankie Watley, Evangel Temple III• PLEDGE OF ALLEGIANCE IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF FEBRUARY 23, 2010 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF VII.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-16854 - Adopt a Resolution Ratifying the City's Lawsuit Entitled "City of Fort Worth and Dale Fisseler in His Official Capacity as City Manager and as Officer for Public Information v. Greg Abbott, Attorney General of Texas," Cause No. D-1-GV-10-000109 Filed on February 1, 2010, in the 201st District Court of Travis County, Texas 2. M&C G-16855 - Adopt a Resolution Authorizing the Employment of Outside Counsel to Assist the City in Certain Employment Tax, Labor and Employment Law Related Issues in an Amount Not to Exceed $5,000.00 3. M&C G-16856 - Adopt a Resolution to Increase the Amount Paid to Professional Services Industries, Inc., for Geotechnical and Expert Witness Services Regarding Premature Street Failures by $25,000.00 and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICTS 2 and 6) 4. M&C G-16857 - Adopt an Ordinance Amending Chapter 22 of the City Code Entitled "Motor Vehicles and Pedestrians" to Repeal Sections 22- 261 through 22-266 of Division 2, Related to the Mandatory Registration of Bicycles 5. M&C G-16858 - Approve the Findings of Ground Transportation Coordinator Regarding Application of Texas Stage Line to Operate Five Horse Drawn Carriages Within the City of Fort Worth and Adopt Ordinance Granting Such Authority B. Purchase of Equipment, Materials, and Services - Consent Items - None C. Land - Consent Items - None D. Planning & Zoning - Consent Items Council Date: 3/2/2010 1. M&C PZ-2871 - Adopt an Ordinance Vacating a Portion of an Alley Between West Rosedale Street and West Oleander Street (COUNCIL DISTRICT 9) 2. M&C PZ-2872 - Adopt an Ordinance Vacating a Portion of an Alley Between Summit Avenue and Penn Street (COUNCIL DISTRICT 9) E. Award of Contract - Consent Items 1. M&C C-24107 - Authorize the Execution of a Contract in the Amount of $416,131.40 with McClendon Construction Company, Inc., for the Reconstruction of Jeff Street and Nelson Avenue and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) 2. M&C C-24108 - Authorize the Execution of Change Order No. 2 in the Amount of $48,170.00 to City Secretary Contract No. 38333 with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Canton Drive, Church Street, Halbert Street and Van Natta Lane and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) 3. M&C C-24109 - Authorize the Execution of Amendment No.3 in the Amount of $31,348.00 to City Secretary Contract No. 35845 with Freese and Nichols, Inc., for the Design of the Citizen Drop-Off Station at 6260 Old Hemphill Road (COUNCIL DISTRICT 6) 4. M&C C-24110 - Approve the Request of Downtown Fort Worth Initiatives, Inc., for Various Temporary Street Closures from April 5, 2010, through April 12, 2010, to Accommodate the 2010 Main Street Fort Worth Arts Festival and Authorize an Agreement with the Texas Department of Transportation to Temporary Close Lanes on State Business Highway 287 (COUNCIL DISTRICT 9) 5. M&C C-24111 - Authorize the Execution of an Engineering Services Agreement in the Amount of $444,283.00 with Dunaway Associates, L.P., for the Design of Summer Creek Drive at Three Locations (COUNCIL DISTRICT 6) 6. M&C C-24112 - Authorize Amendment No. 2 in the Amount of $21,601.00 to City Secretary Contract No. 32129 with GSWW, Inc., for Water and Sanitary Sewer Replacement Contract 2004, STM-H on Alton Road, Ann Arbor Court, Corto Avenue, Dryden Road, Marquette Court, Rashti Court and Shelby Drive and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) 7. M&C C-24113 - Authorize Change Order No. 1 in the Amount of $96,645.00 to City Secretary Contract No. 38694 with Rodgers Construction Company for Water and Sanitary Sewer Replacement Contract 2005 WSM-K, Part 1, on Rand Avenue, Raton Drive, Santa Fe Trail and Broadmoor Drive and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3 and 5) 8. M&C C-24114 - Authorize the Execution of a Contract in the Amount of $618,145.00 with Conatser Construction TX, L.P., for Water and Sanitary Sewer Relocations on Longhorn Road from Old Decatur Road to U.S. Business Highway 287, Part 2, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) 9. M&C C-24115 - Authorize Amendment No. 4 in the Amount of $24,846.00 to City Council Date: 3/2/2010 Secretary Contract No. 27555 with A.N.A. Consultants, L.L.C., for Sanitary Sewer Rehabilitation Contract LIX on Kingswood Drive, Heirloom Drive, East Maddox Avenue and Mitchell Boulevard and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 6 and 8) VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1760 - Notice of Claims for Alleged Damages and/or Injuries IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation by the Fort Worth Police Bike Support Group X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events 2. Recognition of Citizens XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions 2. Council Proposal No. 282 - City-Initiated Zoning Changes for Legal Nonconforming Pawn Shops XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES XIII. RESOLUTIONS 1. A Resolution Appointing One Member to the Board of Directors of Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster Corridor TIF) XIV. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General 1. 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 2. M&C G-16859 - Approve Verification of Historic Site Tax Exemptions for 2100 Tremont Avenue, 2104 Tremont Avenue, 2425 North Edgewood Terrace, 1924 Sixth Avenue, 1512 Lipscomb Street, 2218 Harrison Avenue, 2216 Fifth Avenue, 1700 Fifth Avenue, 1211 Park Place, 2200 Washington Avenue, 2204 Fifth Avenue, 1808 Fairmount Avenue, 1523 Alston Avenue, 2017 Hurley Avenue and 1626 Lipscomb Street (COUNCIL DISTRICTS 7, 8 and 9) 3. M&C G-16860 - Consider a Waiver Request by XTO Energy, Inc., for a Permit to Drill a Gas Well Less Than 600 Feet from a Protected Use for the Amon G. Carter Lease Located at 8494 Boat Club Road (COUNCIL DISTRICT 7) (PUBLIC HEARING) a. Report of City Staff b. Citizen Presentations Council Date: 3/2/2010 c. Council Action 4. M&C G-16861 - Authorize the Execution of Deeds and Escrow Agreements Regarding Land Conveyances and Agreements Between the Cities of Dallas and Fort Worth, the Dallas/Fort Worth International Airport Board and the State of Texas Relating to the DFW Connector Project 5. M&C G-16862 - Authorize the Transfer of Funds from Various Tax Increment Financing Funds and Accept Funds from the Fort Worth Local Development Corporation into a Special Trust Fund for Fiscal Year 2009-2010 Administration by the Housing and Economic Development Department and Adopt Related Appropriation Ordinance 6. M&C G-16863 - Authorize the Submission of the Fort Worth Alliance Airport Noise Compatibility Program to the Federal Aviation Administration as Required by the FAR Part 150 Noise Compatibility Study Conducted by URS Corporation (COUNCIL DISTRICT 2) (PUBLIC HEARING) a. Report of City Staff b. Citizen Presentations c. Council Action C. Purchase of Equipment, Materials, and Services - None D. Land 1. M&C L-14935 - Authorize the Execution of an Amendment in the Amount of $29,988.33 to City Secretary Contract No. 37369 with Texas Midstream Gas Services, L.L.C., for Additional Length of Natural Gas Pipeline and Temporary Access Across City-Owned Properties in the Preston Witt Survey and William C. Trimble Survey Known as the Northeast Landfill Property Located at 6991 Randol Mill Road (COUNCIL DISTRICT 4) (Continued from a Previous Meeting) 2. M&C L-14936 - Approve the Acceptance of a Lease Agreement with Quicksilver Resources, Inc., in the Amount of$11,772,001.80 for Natural Gas Drilling Under 1,006.154 Acres of City-Owned Properties Known as Village Creek Wastewater Treatment Plant Located 4500 Wilma Lane for a Two Year Primary Term (COUNCIL DISTRICT 5) 3. M&C L-14937 - Authorize the Condemnation of 0.058 Acres of Land Located on Golden Triangle Boulevard and Owned by Alfred Lee and Susan Newton Finley, MBS Holdings, Inc., Mayfield/Swain, L.P., Mayfield Building, L.L.C., Builders FirstSource-Texas Group, L.P., and BuildersFirstSource-Texas Genpar, L.L.C., for Right-of-Way Needed for the Widening of Golden Triangle Boulevard (COUNCIL DISTRICT 2) E. Planning & Zoning - None F. Award of Contract Council Date: 3/2/2010 1. M&C C-24076 - Authorize the Change in Use and Expenditure of $100,000.00 in Additional Community Development Block Grant Funds for the Community Center Security Improvements Project and Authorize Substantial Amendment to the City's 2008-2009 and 2009-2010 Action Plans (COUNCIL DISTRICTS 2, 3, 4, 5 and 9) (Continued from a Previous Meeting) 2. M&C C-24076 - (Revised) Authorize the Change in Use and Expenditure of $100,000.00 in Additional Community Development Block Grant Funds for the Community Center Security Improvements Project and Authorize Substantial Amendment to the City's 2008-2009 and 2009-2010 Action Plans (COUNCIL DISTRICTS 2, 3, 4, 5 and 9) 3. M&C C-24116 - Authorize the Execution of a Public Right-of-Way Use Agreement Granting Barnett Gathering, L.P., a License for the Installation and Operation of a Natural Gas Gathering Pipeline Across Bryant Irvin Road, South of Trailview and Across Bellaire Drive, North of Meadows West Drive for a One Time License Fee of $9,568.00 (COUNCIL DISTRICT 3) 4. M&C C-24117 - Authorize the Change in Use and Expenditure of $300,000.00 in Additional Community Development Block Grant Funds for the Hardy Street Project, Authorize the Execution of a Contract with Intercon Environmental, Inc., for $345,000.00 for Demolition of Structure at 3601 Hardy Street and Authorize a Substantial Amendment to the City's 2009-2010 Action Plan (COUNCIL DISTRICT 2) 5. M&C C-24118 - Ratify an Emergency Repair Contract with Craig Olden, Inc., in the Amount of $118,420.00 for Emergency Repairs of the Retaining Wall Located at Hulen Street and Vickery Boulevard (COUNCIL DISTRICT 7) 6. M&C C-24119 - Adopt Appropriation Ordinance and Ratify Emergency Amendment No. 1 to City Secretary Contract No. 39664 with Eagle Construction and Environmental Services, LLC, in the Amount of $100,168.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue (COUNCIL DISTRICT 2) 7. M&C C-24120 - Authorize the Execution of a Construction Contract with C.R. Reynolds, Inc., in an Amount of $2,184,851.42 for Ball Field and Park Improvements at Rockwood Park Ball Field Complex and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 7) XV. ZONING HEARING 1. ZC-10-012 - (CD 9) - Fernando Diaz, 4037 McCart Avenue; from: "E" Neighborhood Commercial to: "A-5" One-Family (Recommended for Approval) 2. ZC-10-013 - (CD 3) - PRP Capital, LLC, 6150 Oakmont Trail; from: "C" Medium Density Multifamily to: "PD/C" Planned Development for all uses in "C" Medium Density Multifamily plus assisted living; site plan included. (Recommended for Approval) 3. ZC-10-014 - (CD 2) - Ashlyn Homes, Inc., 3419 Ellis Avenue; from: "E" Neighborhood Commercial to: "A-5" One-Family (Recommended for Approval) 4. ZC-10-016 - (CD 4) - Marken Interest LTD, ETAL, 7250 Randol Mill Road and 244 Williams Council Date: 3/2/2010 Road; from: "A-7.5" One-Family, "A-5" One-Family and "C" Medium Density Multifamily to: "CF" Community Facilities (Recommended for Approval) 5. ZC-10-017 - (CD 8, CD 9) - City of Fort Worth Planning & Development, 1619 W. Allen Street, certain properties generally bounded by S. Adams Street, Vickery Boulevard, South Freeway (1-35W), and Leuda Street; from: "NS-T4" Near Southside General Urban, "NS- T4N" Near Southside General Urban Neighborhood, "NS-T5" Near Southside Urban Center, "NS-T51" Near Southside Urban Center Industrial Zone to: add a Demolition Delay (DD) Overlay (Recommended for Approval as Amended) 6. ZC-10-018 - (CD 2) - City of Fort Worth Planning & Development, 4917 Melody Lane; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 7. ZC-10-019 - (CD 2) - City of Fort Worth Planning & Development, 1815 Lincoln Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 8. ZC-10-020 - (CD 2) - City of Fort Worth Planning & Development, 3322 NW 23rd Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 9. ZC-10-021 - (CD 3) - City of Fort Worth Planning & Development, 3033 Lackland Road; from: "C" Medium Density Multifamily to: "E" Neighborhood Commercial (Recommended for Approval) 10. ZC-10-022 - (CD 5) - City of Fort Worth Planning & Development, 2712 Hangar Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 11. ZC-10-023 - (CD 5) - City of Fort Worth Planning & Development, 3320 Hangar Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 12. ZC-10-024 - (CD 5) - City of Fort Worth Planning & Development, 3600 Millet Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 13. ZC-10-025 - (CD 8) - City of Fort Worth Planning & Development, 2204 Mitchell Boulevard; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 14. ZC-10-026 - (CD 5) - City of Fort Worth Planning & Development, 2001 Schmidt Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 15. ZC-10-027 - (CD 5) - City of Fort Worth Planning & Development, 2520 Sheraton Drive; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 16. ZC-10-028 - (CD 5) - City of Fort Worth Planning & Development, 3229 Thannisch Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 17. ZC-10-029 - (CD 7) - City of Fort Worth Planning & Development, 4617 Meeker Boulevard; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 18. ZC-10-030 - (CD 8) - City of Fort Worth Planning & Development, 1906 Avenue B; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 19. ZC-10-031 - (CD 8) - City of Fort Worth Planning & Development, 3504 Avenue 1; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 20. ZC-10-032 - (CD 5) - City of Fort Worth Planning & Development, 1203 Bradley Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 21. ZC-10-033 - (CD 8) - City of Fort Worth Planning & Development, 1929 Burchill Road; from: "B" Two-Family to "A-5" One-Family (Recommended for Approval) 22. ZC-10-034 - (CD 9) - City of Fort Worth Planning & Development, 304 W. Hammond Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval) 23. ZC-10-036 - (CD-ALL) - City of Fort Worth Planning & Development Department: Text Amendment: Government Vehicle Storage Yard/Junkyard and Towing Yard with Office: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. Council Date: 3/2/2010 13896, as amended, codified as Appendix "A" of the Code of the City of Fort Worth, to amend: Article 8 "Nonresidential District Use Table", of Chapter 4, "District Regulations"; Amending Section 4.803, " the Nonresidential District Use Table" to add Governmental Vehicle Storage Yard/Junkyard as a permitted use in "J" Medium and "K" heavy Industrial Districts; to add Towing Yard with Office as a permitted use in "I" Light, "J" Medium and "K" Heavy Industrial; and to add Outside Storage or Display as a permitted Accessory Use in "J" Medium and "K" Heavy Industrial. (Recommended for Approval) (Continued from a Previous Meeting) XVI. CITIZEN PRESENTATIONS 1. Mr. Joe Don Brandon, P.O. Box 1155 - Texas Black Workers Update 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 ADA(a)f ort Worth Texas.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: 3/2/2010