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HomeMy WebLinkAbout2011/01/25-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 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 Prevent Tom Higgins, Interim 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 10:09 a.m., on Tuesday, January 25, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Pastor Valerie Kitchens, Earth Changers International Ministries The invocation was provided by Pastor Valerie Kitchens, Earth Changers International Ministries. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 4, 2011 Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that the minutes of the regular meeting of January 4, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Interim City Manager Higgins requested that Mayor and Council Communication No. L -15128 be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 2 of 39 '• . 1 1 " '• Interim City Manager Higgins requested that Mayor and Council Communication No. L -15128 and Item XIII, Resolution Number 1, Adopting the City of Fort Worth's 2011 Federal Legislative Program, be continued until the February 1, 2011, Council meeting. VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, 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 -17176 - Authorize Payment of Arbitrage Rebate in an Amount Not to Exceed $75,000.00 for Water and Sewer System Subordinate Lien Revenue Bonds, Series 2005A and 2005B and Adopt Supplemental Appropriation Ordinance. The City Council approved the following recommendation: Authorize Payment to the United States Treasury for Arbitrage Rebate in an Amount Not to Exceed $75,000.00; and Adopt Supplemental Appropriation Ordinance No. 19517 -01 -2011 Increasing the Estimated Receipts and Appropriations in the State Revolving Debt Service Fund in the Amount of $75,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Funding the Arbitrage Rebate for Water and Sewer System Subordinate Lien Revenue Bonds, Series 2005A and 2005B. 2. M &C G -17177 - Approve Findings of the Ground Transportation Coordinator Regarding Application of a Black Car Transport Services, L.L.C., to Operate Two Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. The City Council approved the following recommendation: Consider and Adopt the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Two (2) Limousines Upon the City Streets, Alleys and Thoroughfares; A Black Car Transport Services, L.L.C., is Qualified and Financially Able to Conduct a Limousine Service Within the City; A Black Car Transport Services, L.L.C., has Complied With the Requirements of Chapter 34 of the City Code; A Black Car Transport Services, L.L.C., Presented Facts in Support of Compelling Demand and Necessity for Two (2) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Two (2) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19518 -01 -2011 Granting the Privilege of Operating Authority to A Black Car Transport Services, L.L.C., for the Use of the Streets, Alleys, and Public Thoroughfares of the City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 3 of 39 (VII. CONSENT AGENDA Continued) (G -17177 Continued) in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Two (2) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; and Providing for Written Acceptance by A Black Car Transport Services, L.L.C., Subject to and Conditioned on A Black Car Transport Services, L.L.C., Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 3. M &C G -17178 - Approve Findings of the Ground Transportation Coordinator Regarding Application of AETS LLC, to Operate Fifteen Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. The City Council approved the following recommendation: Consider and Adopt the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of 15 Limousines Upon the City Streets, Alleys and Thoroughfares; AETS LLC, is Qualified and Financially Able to Conduct a Limousine Service Within the City; AETS LLC, has Complied With the Requirements of Chapter 34 of the City Code; AETS LLC, Presented Facts in Support of Compelling Demand and Necessity for 15 Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of 15 Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19519 -01 -2011 Granting the Privilege of Operating Authority to AETS LLC, for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of 15 Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; and Providing for Written Acceptance by AETS LLC, Subject to and Conditioned on AETS LLC, Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 4. M &C G -17179 - Adopt Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Special Trust Fund by $455,092.63 to Provide Funding for the City's Energy Savings Performance Contract with Johnson Controls, Inc. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19520 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $455,092.63, From Available Funds for the Purpose of Providing Funding for Phase VI -b of the City's Energy Savings Performance Contract with Johnson Controls, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 4 of 39 (VII. CONSENT AGENDA Continued) 5. M &C G -17180 - Approve Findings of the Ground Transportation Coordinator Regarding the Application of LoneStar BikeCAB to Operate Fifteen Pedicabs Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. The City Council approved the following recommendation: Consider and Adopt the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of 15 Pedicabs Upon the City Streets, Alleys and Thoroughfares; LoneStar BikeCAB is Qualified and Financially Able to Conduct a Pedicab Service Within the City; LoneStar BikeCAB has Complied With the Requirements of Chapter 34 of the City Code; LoneStar BikeCAB Presented Facts in Support of Compelling Demand and Necessity for 15 Pedicabs; the General Welfare of the Citizens of the City Will Best be Served by the Addition of 15 Pedicabs Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No.19521 -01 -2011 Granting the Privilege of Operating Authority to LoneStar BikeCAB for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Pedicab Business, Which Shall Consist of the Operation of 15 Pedicabs, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; and Providing for Written Acceptance by LoneStar BikeCAB Subject to and Conditioned on LoneStar BikeCAB Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 6. M &C G -17181 - Acceptance of In -Kind Donation of Motor Oil Valued at $877.00 from Sam's Club Number 8210 for the Lake Patrol Unit of the Marshal's Office. The City Council approved the following recommendation: Authorize the City Manager to Accept an In -Kind Donation of 70 Gallons of Marine Premium Plus Two (2) Cycle Oil Valued at $877.00 From Sam's Club Number 8210 for Use by the Lake Patrol Unit of the Marshal's Office. 7. M &C G -17182 - Adopt the Capital Improvements Plan Citizen Advisory Committee's Semi - Annual Progress Report Concerning the Status of the Water and Wastewater Impact Fees and Capital Improvements Plan. The City Council approved the following recommendation: Adopt the Capital Improvements Plan Citizen Advisory Committee's Semi - Annual Progress Report Concerning the Status of the Water and Wastewater Impact Fees. 8. M &C G -17183 - Adopt Appropriation Ordinance Allocating $167,592.00 in the Park Improvements Fund to Transfer to the General Fund to Offset Operation and Oversight Costs of Neighborhood and Community Park Dedication and Adopt Appropriation Ordinance Allocating $31,200.00 in the General Fund. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 5 of 39 (VII. CONSENT AGENDA Continued) (G -17183 Continued) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19522 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Park Improvements Fund in the Amount of $167,592.00, From Available Funds, for the Purpose of Transferring Said Funds to the General Fund for Costs Associated With the Management of the Neighborhood and Community Park Dedication Policy; Authorize the Transfer to Offset Operation and Oversight Costs Associated With Management of the Policy; and Adopt Appropriation Ordinance No. 19523 -01 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $31,200.00, From Available Funds. B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11192 - Authorize a Purchase Agreement with Murray Energy, Inc., for Gas Monitors, Accessories and Repair Services for the Water Department for an Initial Annual Amount of $100,000.00. The City Council approved the following recommendation: Authorize the City Manager to Execute a Purchase Agreement With Murray Energy, Inc., for Gas Monitors, Accessories and Repair Services for the Water Department for an Initial Annual Amount of $100,000.00. 2. M &C P -11193 - Authorize Purchase Agreements with Municipal Water Works Supply, L.P. and Ferguson Enterprises, Inc. d /b /a FERGUSON WATERWORKS for Fire Hydrants and Repair Parts, Respectively, for the Water Department for an Initial Amount of $150,000.00. The City Council approved the following recommendation: Authorize Purchase Agreements With Municipal Water Works Supply, L.P., and Ferguson Enterprises, Inc., d /b /a FERGUSON WATERWORKS for Fire Hydrants and Repair Parts, Respectively, for the Water Department for an Initial Amount of $150,000.00. 3. M &C P -11194 - Authorize a Purchase Agreement with Ferguson Enterprises, Inc., d /b /a FERGUSON WATERWORKS, for Plastic Water and Sewer Pipe for the Water Department for an Initial Annual Amount of $100,000.00. The City Council approved the following recommendation: Authorize a Purchase Agreement With Ferguson Enterprises, Inc., d/b /a FERGUSON WATERWORKS, for Polyvinyl Chloride Water and Sewer Pipe for the Water Department for an Initial Annual Amount of $100,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 6 of 39 (VII. CONSENT AGENDA Continued) 4. M &C P -11195 - Authorize Non - Exclusive Purchase Agreements with Alamo Industrial Service and RHeron, Inc., for Metal Fabrications and Machine Shop Services for the City of Fort Worth for an Initial Amount of $140,000.00. The City Council approved the following recommendation: Authorize Non - Exclusive Purchase Agreements With Alamo Industrial Service and RHeron, Inc., for Metal Fabrications and Machine Shop Services for the City of Fort Worth for an Initial Amount of $140,000.00. C. Land - Consent Items 1. M &C L -15125 - Authorize Execution of a Long Term Above - Ground Temporary Water Line Permit Agreement with Quicksilver Resources Inc., in the Amount of $5,000.00 for One Eight - Inch Pipe Across City -Owned Property Located at 1900 Harriet Creek Drive for a Period of Five Months. The City Council approved the following recommendation: Authorize Execution of a Long Term Above - Ground Temporary Water Line Permit Agreement With Quicksilver Resources Inc., in the Amount of $5,000.00 for One (1) Eight (8) Inch Pipe Across City -Owned Property, Located at 1900 Harriet Creek Drive, Known as Block 17, Lot 67 of Harriet Creek Ranch Addition, for a Period of Five (5) Months. 2. M &C L -15126 - Authorize the Direct Sale of A Tax - Foreclosed Property Located at 204 North De Costa to Sam Shahan for $10,500.00. The City Council approved the following recommendation: Authorize the Direct Sale of a Tax Foreclosed Property Located at 204 North De Costa, Described as Lots 3 and 4, Block 2, J.R. Jameson Subdivision, to Sam Shaban in Accordance With Section 34.05 of the Texas Tax Code for $10,500.00; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 3. M &C L -15127 - Authorize the Direct Sale of Up to Thirty -Seven Tax Foreclosed City Owned Properties Located in the Como Neighborhood to the Fort Worth Housing Finance Corporation for the Project Known as Lakeside Village Homes in Accordance with Section 34.05 of the Texas Tax Code for an Amount of Up to $311,911.34 Along with Any Post Judgment Taxes and Authorize Release of Liens. The City Council approved the following recommendation: Approve the Direct Sale of Up to 37 Tax - Foreclosed City -Owned Properties Located Within the Como Neighborhood to the Fort Worth Housing Finance Corporation for the Development of a Project Known as Lakeside Village Homes in Accordance With Local Government Code Section 272.001(i) in the Amount of Up to $311,911.34, Along With Any Post Judgment Taxes Accrued; and Authorize the Appropriate City Representatives to Execute the Documents Necessary to Complete the Sale of the Property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 7 of 39 (VII. CONSENT AGENDA Continued) 5. M &C L -15129 - Authorize the Purchase of a Fee Simple Interest in 0.4960 Acres of Land Containing Both Vacant and Improved Lots Located at 3458 Lebow Street from Angel and Olga Tovar for a Total of $185,000.00 and Pay the Estimated Closing Costs of $5,000.00 for the Lebow Channel Watershed Improvements Project. The City Council approved the following recommendation: Authorize the Acquisition of Vacant and Improved Lots Located at 3458 Lebow Street, Described as Lots 4 Through 7, Block 20, Dixie Wagon Manufacturing Company Addition, Fort Worth, Texas, From Angel and Olga Tovar; Find That the Total Price of $185,000.00 for the Purchase of the Vacant and Improved Lots is Just Compensation; and Authorize the City Manager or His Designee to Accept the Conveyance, Record the Appropriate Instruments and to Pay Closing Costs Up to $5,000.00. 6. M &C L -15130 - Authorize the Acquisition of an Easement Interest in 2.49 Acres of Land for a Sanitary Sewer Facility Easement and 4.99 Acres of Land for a Temporary Construction Easement, Located at Wagley Robertson Road in Northwest Fort Worth from Todd Group, Ltd., for the Amount of $93,604.00 and Pay the Estimated Closing Costs of $3,000.00. The City Council approved the following recommendation: Authorize the Acquisition of an Easement Interest in 2.49 Acres of Land, Described as a Portion of Abstract No. 1497, Benjamin Thomas Survey, Tarrant County, Texas, for a Sanitary Sewer Facility Easement and 4.99 Acres of Land for a Temporary Construction Easement, Located at Wagley Robertson Road in Northwest Fort Worth From Todd Group, Ltd., for the Appraised Value of $93,604.00 and Pay the Estimated Closing Costs of $3,000.00; Find That the Appraised Value of $93,604.00 is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. 7. M &C L -15131 - Authorize the Purchase of a Fee - Simple Interest in 0.007 Acres of Right -of- Way and 0.014 Acres for a Temporary Construction Easement for the East First Street Widening Project, Located at 4017 East First Street from Lula Mae Thedford for a Total of $400.00 and Pay the Estimated Closing Costs of $1,000.00. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in 0.007 Acre of Right -of -Way and 0.014 Acre for a Temporary Construction Easement Located at 4017 East First Street, Described as Block 1, Lot 5, G.W. Gilmore Addition, Fort Worth, Texas, From Lula Mae Thedford; Find That the Price of $300.00 for the Purchase of the Right -of -Way and $100.00 for the Temporary Construction Easement is Just Compensation; and Authorize the City Manager or His Designee to Accept the Conveyance, Record the Appropriate Instruments and to Pay Closing Costs Up to $1,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 8 of 39 (VII. CONSENT AGENDA Continued) 8. M &C L -15132 - Authorize the Purchase of a Fee Simple Interest in Land for the East First Street Project, Consisting of Three Right -of -Way Parcels Being 4.068 Acres, 8.905 Acres, and 0.621 Acres, Three Temporary Construction Easements Being 0.308 Acres, 1.290 Acres, and 0.755 Acres and One Permanent Drainage Easement Being 6.128 Acres, all Located Along East First Street, from Patricia Bowen Featherngill LLC, et. al., for a Total of $327,100.00 and Pay the Estimated Closing Costs of $6,000.00. The City Council approved the following recommendation: Authorize the Acquisition of a Fee - Simple Interest in a Total of 13.594 Acres of Land for Right -of -Way, Excluding Minerals; 2.353 Acres for Temporary Construction Easements, and 6.128 Acres for a Permanent Drainage Easement, All Located in the A.C. Warren Survey, Abstract No. 1686 and the Robert Cross Survey, Abstract 304, From Patricia Bowen Featherngill LLC, et al.; Find That the Total Price of $327,100.00 is Just Compensation for the Acquisitions; and Authorize the City Manager or His Designee to Accept the Conveyances, Record the Appropriate Instruments and Pay the Estimated Closing Costs of $6,000.00. 9. M &C L -15133 - Authorize the Purchase of a Fee Simple Interest in 0.038 Acres of Land for Right -of -Way and 0.020 Acres for a Temporary Construction Easement Located at 4028 East First Street from Sam Cripe for a Total of $36,500.00 and Pay the Estimated Closing Costs of $3,000.00 for the Widening of East First Street. The City Council approved the following recommendation: Authorize the Fee Acquisition of 0.038 Acre for Right -of -Way and 0.020 Acre for a Temporary Construction Easement, Excluding Minerals, Located at Lot 3, Block 1, E L Baker Subdivision, Also Known as 4028 East First Street, Fort Worth, Texas, From Sam Cripe; Find That the Total Price of $36,500.00 is Just Compensation for the Acquisition; and Authorize the City Manager or His Designee to Accept the Conveyances, Record the Appropriate Instruments and to Pay the Estimated Closing Costs Up to $3,000.00. 10. M &C L -15134 - Authorize the Acceptance of a Dedication Deed from Mathew and Victoria Mulvaney at No Cost to the City for 0.001 Acres of Land for the Right -of -Way Required for the Widening of Old Decatur Road from Bailey - Boswell Road to W J Boaz Road. The City Council approved the following recommendation: Authorize the Acceptance of a Dedication Deed From Mathew and Victoria Mulvaney at No Cost to the City of Fort Worth for 0.001 Acre of Land for the Right -of -Way Known as Lot 12, Block 22, Saginaw North Addition, Fort Worth, Tarrant County, Texas, Needed for the Widening of Old Decatur Road From Bailey - Boswell Road to W J Boaz Road; and Authorize the City Manager, or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 9 of 39 (VII. CONSENT AGENDA Continued) 11. M &C L -15135 - Authorize the Purchase of a Fee Simple Interest in 0.469 Acres of Land for Right -of -Way, Easement Interests in 0.367 Acres for Two Temporary Construction Easements, 0.528 Acres for a Permanent Drainage Easement and 0.171 Acres for a Permanent Slope Easement Located on Dirks Road from Dirks Branch, L.P., for a Total of $391,400.00 and Pay the Estimated Closing Costs of $11,000.00 for the Widening of Dirks Road from Bryant Irvin Road to Granbury Road. The City Council approved the following recommendation: Authorize the Acquisition of a Fee - Simple Interest in 0.469 Acre of Land for Right -of -Way, and Easement Interests in 0.367 Acre for Two (2) Temporary Construction Easements, 0.528 Acre for a Permanent Drainage Easement and 0.171 Acre for a Permanent Slope Easement, Located on Dirks Road, Described as Abstract No. 641, J.F. Heath Survey, Fort Worth, Texas, From Dirks Branch, L.P.; Find That the Price of $226,400.00 Offered for the Purchase of the Right -of -Way, $10,000.00 for the Two (2) Temporary Construction Easements, $108,000.00 for the Drainage Easement and $47,000.00 for the Permanent Slope Easement is Just Compensation; and Authorize the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments, and to Pay Closing Costs Up to $11,000.00. 12. M &C L -15136 - Authorize the Acquisition of 0.236 Acres of Land for One Permanent Sanitary Sewer Easement Located at Randol Mill Road from Mary E. Dick for the Amount of $63,620.00 and Pay Estimated Closing Costs of $3,000.00. The City Council approved the following recommendation: Approve the Acquisition of 0.236 Acre of Land for One (1) Permanent Sanitary Sewer Easement Located in Abstract No. 1302, Tract IA, James F. Redding Survey, Randol Mill Road in East Fort Worth, From Mary E. Dick, for the Sanitary Sewer Main M -253 Rehab Project and Pay the Estimated Closing Costs of $3,000.00; Find That the Appraised Value of $63,620.00 is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. 13. M &C L -15137 - Authorize the Easement Acquisition of 0.4505 Acres of Land for a Sanitary Sewer Facility Easement from Smurfit -Stone Container Corporation, to be Used for the Construction of the Sanitary Sewer Replacement and Relocation Project L -6393 Located at 6701 South Freeway in South Fort Worth for a Purchase Price of $82,400.00 and Pay the Estimated Closing Costs of $3,000.00. The City Council approved the following recommendation: Authorize the Easement Acquisition of 0.4505 Acre of Land for a Sanitary Sewer Facility Easement From Smurfit -Stone Container Corporation, to be Used for the Construction of the Sanitary Sewer Replacement and Relocation Project L -6393, Located at 6701 South Freeway, Described as a Portion of Lot 1R, Block 1R, Carter Industrial Park Addition, South Fort Worth, Tarrant County, Texas, for a Purchase Price of $82,400.00 and Pay the Estimated Closing Costs of $3,000.00; and Find That the Appraised Value of $82,400.00 is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 10 of 39 (VII. CONSENT AGENDA Continued) D. Planning & Zoning - Consent Items 1. M &C PZ -2923 - Adopt Ordinance Vacating a Portion of Gambrell Street Between Warren Street and Frazier Avenue. The City Council approved the following recommendation: Adopt Ordinance No. 19524 -01 -2011 Vacating and Extinguishing a Portion of Gambrell Street Located Between Warren Street and Frazier Avenue and Situated in the M.J. Arocha Survey, Abstract No. 1 in the City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain All Existing Utilities Easements; and Waive Any and All Purchase Fee Value of the Vacated Land in Accordance With City Policy (M &C G- 15624). E. Award of Contract - Consent Items 1. M &C C -24680 - Authorize the Execution of an Agreement for Equipment and Professional Services with Scientel Wireless, LLC, Using a Houston- Galveston Area Contract for the Upgrade and Replacement of the Microwave System Supporting the City's Public Safety Radio Communications System for the Information Technology Solutions Department at a Cost Not to Exceed $1,023,428.00. The City Council approved the following recommendation: Authorize the Execution of an Agreement for Hardware, Software and Professional Services With Scientel Wireless, LLC, Using a Houston - Galveston Area Contract for the Upgrade and Replacement of the Microwave System That Supports the City's Public Safety Radio System for the Information Technology Solutions Department at a Cost Not to Exceed $1,023,428.00. 2. M &C C -24681 - Authorize the City Manager to Execute a Communications Systems Agreement with the City of Watauga for Participation in the City of Forth Worth's Two -Way Public Safety Radio System at No Cost to the City of Fort Worth. The City Council approved the following recommendation: Authorize the City Manager to Execute a Communications Systems Agreement With the City of Watauga for Participation in the City of Fort Worth's Two (2) Way Public Safety Radio System in Which the City of Watauga Will Reimburse Their Share of Operations and Maintenance to Ensure No Cost to the City of Fort Worth and for an Annual Reimbursement Estimated to be Approximately $30,500.00 Starting in Fiscal Year 2012. 3. M &C C -24682 - Approve Exchange of Property Between the City of Fort Worth and the Tarrant Regional Water District for the Construction of a Trailhead Facility and Parking Area Along Riverfront Drive Between University Drive and Rogers Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 11 of 39 (VII. CONSENT AGENDA Continued) (C -24682 Continued) The City Council approved the following recommendation: Authorize the City Manager to Execute an Agreement With the Tarrant Regional Water District Wherein Certain City Property Will be Exchanged for Certain TRWD Property for the Construction of a Trailhead Facility and Parking Area Along Riverfront Drive Between University Drive and Rogers Road. 4. M &C C -24683 - Authorize a Change in Use and Expenditure of $24,737.00 of HOME Investment Partnerships Program Grant Funds to Cornerstone Assistance Network Housing Development Corporation for the Development of Three Single Family Houses in the Polytechnic Neighborhood and Authorize Execution of a Contract and Any Necessary Related Documents. The City Council approved the following recommendation: Authorize a Change in Use and Expenditure of $24,737.00 in Prior Year's HOME Investment Partnerships Program Grant Funds to Cornerstone Assistance Network Housing Development Corporation for the Development of Three (3) Single Family Houses in the Polytechnic Neighborhood Bringing the Total Contract Amount to $314,737.00; Authorize the City Manager, or His Designee, to Execute a Contract and Any Necessary Related Documents With the Cornerstone Assistance Network Housing Development Corporation for the Project for a One (1) Year Term Beginning on the Date of Execution of the Contract; and Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement, and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development. 5. M &C C -24684 - Authorize the Execution of Amendment No. 3 to City Secretary Contract No. 36482, Economic Development Program Agreement with Museum Place Holdings, LLC, Extending Completion Deadlines of the Museum Place Project. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 3 to City Secretary Contract No. 36482, an Economic Development Program Agreement With Museum Place Holdings, LLC, Which Extends the Various Completion Deadlines for the Museum Place Project. 6. M &C C -24685 - Authorize Acceptance of Up to $700,000.00 of Low Income Weatherization Assistance Program Funds from the Texas Association of Community Action Agencies, Inc., Authorize Related Contract Amendment and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Accept a Grant of Up to $700,000.00 From the Texas Association of Community Action Agencies, Inc., for a Low Income Weatherization Program; Authorize the City Manager, to Execute a Third Amendment to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 12 of 39 (VII. CONSENT AGENDA Continued) (C -24685 Continued) City Secretary Contract No. 37797 With the Texas Association of Community Action Agencies, Inc., to Accept Additional Grant Funds and Extend the Existing Contract for an Additional Term Beginning November 1, 2010, and Ending October 31, 2011; Authorize the City Manager to Amend, Extend or Renew the Contract or Other Related Documents in Accordance With City Policies and Regulations Upon Mutual Agreement With Texas Association of Community Action Agencies, Inc.; and Adopt Appropriation Ordinance No. 19525-01-2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $700,000.00, Subject to Receipt of the Grant. 7. M &C C -24686 - Authorize Amendment No. 1 in the Amount of $262,746.60 to City Secretary Contract No. 35581, an Engineering Agreement with Slater Engineering, Inc., for the Storm Water Utility Project Berkshire - Hallmark Drainage Improvements and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $65,588.86 From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $50,673.53 and the Sewer Capital Projects Fund in the Amount of $14,915.33; Adopt Appropriation Ordinance No. 19526 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding the Storm Water Utility Project; and Authorize the City Manager to Execute Amendment No. 1 with Slater Engineering, Inc., in the Amount of $262,746.60 to City Secretary Contract No. 35581, Thereby, Revising the Total Contract Cost to $684,551.60. 8. M &C C -24687 - Authorize Amendment No. 3 in the Amount of $128,829.00 to City Secretary Contract No. 35274, an Engineering Agreement with AECOM USA, Inc., for the Storm Water Utility Project - Milam- Robinhood Drainage, Far East Fort Worth Drainage and Wilbarger- Hughes Storm Drain Extension. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 3 in the Amount of $128,829.00 to City Secretary Contract No. 35274 an Engineering Agreement With AECOM USA, Inc., for the Storm Water Utility Project - Milam- Robinhood Drainage, Far East Fort Worth Drainage and Wilbarger- Hughes Storm Drain Extension, Thereby, Revising the Total Contract Cost to $345,342.00. 9. M &C C -24688 - Authorize an Artwork Commission Contract with Artist Julie Lazarus in the Amount of $111,780.00 for Public Art for the Westside Water Treatment Plant Located at 12200 Old Weatherford Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 13 of 39 (VII. CONSENT AGENDA Continued) (C -24688 Continued) The City Council approved the following recommendation: Authorize the City Manager to Execute an Artwork Commission Contract With Artist Julie Lazarus in the Amount of $111,780.00 for Implementation of Public Artwork for the Westside Water Treatment Plant at 12200 Old Weatherford Road. 10. M &C C -24689 - Authorize the Execution of Change Order No. 1 in the Amount of $45,260.00 to City Secretary Contract No. 40752 with Gibson and Associates, Inc., for Bridge Repair and Repainting 2010 -13 at Three Locations. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $45,260.00 to City Secretary Contract No. 40752 With Gibson and Associates, Inc., for Bridge Repair and Repainting 2010 -13 at Three (3) Locations, Increasing the Total Contract Amount to $864,400.00. 11. M &C C -24690 - Authorize the Execution of a Contract with Veolia ES Technical Solutions, LLC, in an Amount Not to Exceed $150,000.00 per Year for Packaging, Transportation and Disposal of Hazardous, Special and Solid Waste Generated by the City. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract With Veolia ES Technical Solutions, LLC, in an Amount Not to Exceed $150,000.00 Per Year for Packaging, Transportation and Disposal of Hazardous, Special and Solid Waste Generated by the City. 12. M &C C -24691 - Authorize an Engineering Agreement in the Amount of $187,234.00 with ARS Engineers, Inc., for the Design of Oakwood Trail Storm Drain Improvements in the Woodhaven Neighborhood. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement With ARS Engineers, Inc., in the Amount of $187,234.00 for Design of Improvements to Oakwood Trail Storm Drain in the Woodhaven Neighborhood. 13. M &C C -24692 - Authorize the Execution of an Interlocal Agreement with Tarrant County for Rehabilitation of Forest Hill Everman Road from McPherson Road to Oak Grove Road East with City Participation in the Amount of $128,170.00. The City Council approved the following recommendation: Authorize the City Manager to Execute an Interlocal Agreement With Tarrant County for Rehabilitation of Forest Hill Everman Road From McPherson Road to Oak Grove Road East With City Participation in the Amount of $128,170.00 Which Includes Furnishing all Necessary Pavement Materials, Traffic Control and Other Incidentals. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 14 of 39 (VII. CONSENT AGENDA Continued) 14. M &C C -24693 - Authorize the Execution of a Contract with Ed A. Wilson Company, Inc., for Street Construction Improvements Required to Create the Hemphill West Quiet Zone in the Amount of $258,438.00. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract With Ed A. Wilson Company, Inc., for the Installation of Medians and Other Street Improvements Necessary to Establish the Hemphill West Quiet Zone in the Amount of $258,438.00. 15. M &C C -24694 - Authorize the Execution of Change Order No. 1 in the Amount of $476,172.70 to City Secretary Contract No. 40280 with Cutler Repaving, Inc., for Hot Mix Asphaltic Concrete Hot In -Place Recycling 2010 -1 at Two Locations. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $476,172.70 to City Secretary Contract No. 40280 With Cutler Repaving, Inc., for Hot Mix Asphaltic Concrete Hot In -Place Recycling 2010 -1 at Two (2) Locations, Thereby Increasing the Total Contract Amount to $2,895,065.20. 16. M &C C -24695 - Authorize the Execution of Change Order No. 1 in the Amount of $301,828.20 to City Secretary Contract No. 40721 with Quality Excavation, Ltd., for Hot Mix Asphaltic Concrete (HMAC) Surface Overlay 2010 -6 at Various Locations. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $301,828.20 to City Secretary Contract No. 40721 With Quality Excavation, Ltd., for a Change in Scope and Quantity, Thereby Increasing the Total Contract Amount to $1,534,844.20. 17. M &C C -24696 - Authorize a Storm Water Facility Maintenance Agreement with Southwest Baptist Theological Seminary for Property Located on the Corner of West Fuller Street and Stanley Avenue at No Expense to the City of Fort Worth. The City Council approved the following recommendation: Authorize the Execution of a Storm Water Facility Maintenance Agreement With Southwest Baptist Theological Seminary for Property Located on West Fuller Street and Stanley Avenue at No Expense to the City. 18. M &C C -24697 - Authorize a Contract in the Amount of $587,735.00 with Conatser Construction TX, LP, for Apron C Expansion Improvements at Fort Worth Meacham International Airport and Adopt Appropriation Ordinance in the Amount of $646,508.50 for These Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 15 of 39 (VII. CONSENT AGENDA Continued) (C -24697 Continued) The City Council approved the following recommendation: Authorize the Use of Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $646,508.50 for a Contract With Conatser Construction TX, LP., Project Management, Construction Survey and Inspection Costs for Apron C Expansion Improvements at Fort Worth Meacham International Airport; Adopt Appropriation Ordinance No. 19527 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Amount of $646,508.50 in the Airports Gas Lease Project Fund From Available Funds; and Authorize the City Manager to Execute a Contract With Conatser Construction TX, LP, in the Amount of $587,735.00 and Authorize $58,773.50 for Associated Costs for Construction Survey, Project Management, Materials Testing, Administrative and Inspection Services. 19. M &C C -24698 - Authorize an Engineering Services Agreement in the Amount of $245,919.00 with Garver, LLC, for the Design, Bidding and Construction Phase Services for Terminal Area Taxilane and Apron Improvements at Fort Worth Meacham International Airport, Authorize Project Management, Administration and Related Expenses in the Amount of $24,591.90 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement With Garver, LLC, in the Amount of $245,919.00 for the Design and Construction Management of the Terminal Area Taxilane and Apron Improvements at Fort Worth Meacham International Airport and Authorize $24,591.90 for Project Management, Administration and Related Expenses; Authorize the Use of Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $270,510.90 for an Engineering Services Agreement With Garver, LLC, for the Design, Bidding and Construction Phase Services of Terminal Area Taxilane and Apron Improvements at Fort Worth Meacham International Airport; and Adopt Appropriation Ordinance No. 19528 -01 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $270,510.90 From Available Funds. 20. M &C C -24699 - Authorize Change Order No. 1 in the Amount of $643,556.41 to City Secretary Contract No. 40610 with S.J. Louis Construction of TX, Ltd., for Water and Sanitary Sewer Relocations for SH121T Crossing West of the Hulen Street Bridge within the Union Pacific Railroad Davidson Rail Yard, Part 2 -Hulen Street Bridge and Water Main Extension from Hulen Street to Como Pump Station, Part 2. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $643,556.41 to City Secretary Contract No. 40610 With S.J. Louis Construction of TX, Ltd., for Water and Sanitary Sewer Relocations for SH121T Crossing West of the Hulen Street Bridge Within the Union Pacific Railroad Davidson Rail Yard, Part 2 -Hulen Street Bridge and Water Main Extension From Hulen Street to Como Pump Station, Part 2, Thereby Increasing the Contract Amount to $6,550,231.24. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 16 of 39 (VII. CONSENT AGENDA Continued) 21. M &C C -24700 - Authorize the Execution of an Engineering Agreement with Camp, Dresser and McKee, Inc., in the Amount of $500,000.00 for General Engineering Support on Water and Wastewater Projects. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement in an Amount of $500,000.00 With Camp, Dresser and McKee, Inc., for General Engineering Support Services on Water and Wastewater Projects. 22. M &C C -24701 - Approve Amendment to Community Facilities Agreement, City Contract No. 39046, with Everman Independent School District and Authorize City Participation in an Amount of $143,983.92 for Construction of 16 -inch Water Main to Serve Everman Independent School District Junior High School, a Development Located In Fort Worth. The City Council approved the following recommendation: Authorize the City Manager to Amend the Community Facilities Agreement With Everman Independent School District for the City to Participate in the Amount of $143,983.92 for the Construction of the 16 -inch Water Main to Serve Everman Independent School District Junior High School, a Development, Located in Fort Worth. 23. M &C C -24702 - Approve Community Facilities Agreement in the Amount of $42,872.19 with UT Southwestern Moncrief Cancer Center for Construction of Water and Sewer Services to Serve UT Southwestern Moncrief Cancer Center Located in Fort Worth with City Participation. The City Council approved the following recommendation: Authorize the City Manager to Execute a Community Facilities Agreement in the Amount of $42,872.19 With UT Southwestern Moncrief Cancer Center for the Installation of Water and Sanitary Sewer Services to Serve UT Southwestern Moncrief Cancer Center, a Development, Located in Fort Worth With City Participation. 24. M &C C -24703 - Authorize an Engineering Agreement in the Amount of $800,750.00 with Freese and Nichols, Inc., to Design Village Creek Wastewater Treatment Plant Deep Bed Media Filters (1 through 20) Modifications. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement With Freese and Nichols, Inc., in the Amount of $800,750.00 to Design the Village Creek Wastewater Treatment Plant Deep Bed Media Filters (1 through 20) Modifications. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1800 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 17 of 39 C. Land — Consent (Removed from Consent and Continued until the February 1, 2011, Council meeting) 4. M &C L -15128 - Authorize the Sale of One Hundred Eighty -One Tax - Foreclosed Properties in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $804,161.33. It was the Consensus of the Council that Mayor and Council Communication L -15128 Authorize the Sale of 181 Tax - Foreclosed Properties in Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $804,161.33; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in Compliance With the Bid Form Specifications to Complete the Sale, be continued until the February 1, 2011, Council meeting. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,. 1. Presentation of the Engineering News-Record 2010 "Best of Texas" Award to the Western Heritage Parking Garage Mr. Bill Verkest, Director, Transportation and Public Works Department, introduced Mr. Doug Thompson, Vice President and Division Manager, Yates Construction. Mr. Thompson made the presentation of the Engineering News Record 2010 "Best of Texas" Award for the Western Heritage Parking Garage for construction and design excellence and presented the award to Council Member Burdette, who accepted the award on behalf of the City Council. He advised that the Texas Construction magazine presented the 2010 Award of Excellence in Construction to the City of Fort Worth for the Government/Public Buildings category. Council Member Burdette stated that he was honored to accept the award on behalf of the City and added that the parking garage was an amazing structure. He added that the project came in on time and under budget and had addressed a parking problem in the Cultural District that the City had for some time. He encouraged everyone to visit the garage. 1. Uucomin2 and ece t Events Council Member Burns announced on January 27, 2011, the Tarrant County Homeless Coalition would conduct the bi- annual street count and survey of people who were homeless. He advised that the count was required by the United States Department of Housing and Urban Development and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 18 of 39 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) helped the community develop and prioritize strategic initiatives such as the Directions Home program. He stated that Fort Worth volunteers would convene at University Christian Church to deploy throughout the City to canvass neighborhoods and survey people who were homeless. He pointed out that the goal was to recruit 500 or more volunteers and stated that the Coalition was still short- handed. He added that interested volunteers could register online at www.AHomeWithHopeorg or contact the District 9 Office at 817 - 392 -8809 for more information. Council Member Jordan announced that he presented a letter of appreciation to the Alta Mesa Church of Christ on January 23, 2011, for their commitment to the community and citizens. He advised that five (5) years ago the church made the decision to stay in the City in District 6 instead of relocating. He stated the church had made $5M in improvements and was a pillar in the community. He pointed out that Fort Worth and the North Texas area were now in the spotlight due to several high profile events and mentioned that it was the people, not the events, that made Fort Worth a special place. Mayor Pro tem Scarth requested that the Council Meeting be adjourned in memory of Ms. Christina Bronson, age 73, who passed away on January 18, 2011, after a 23 -year long battle with cancer, and Ms. Nancy Naan Platt, who passed away on January 11, 2011. He stated that both women were mothers of his classmates at Trinity Valley and they would be greatly missed. Council Member Zimmerman announced that he had the pleasure of attending the 100th Birthday Celebration on January 21, 2011, of Ms. Gene Britton, and noted that Ms. Britton was very active and had just stopped driving two (2) weeks ago. Mayor Moncrief announced that Cook Children's Medical Center received Magnet status and was ranked in the top five (5) percent of the nation's hospitals for its nursing excellence and had a distinguished reputation for its extraordinary care and outcomes. He also announced that residents or visitors could view "Super Week" information on the City website at www.fortworthm o v.org/superweek which included maps of street closures, transportation and parking information and event details relative to the Super Bowl. He stated this was a great tool to navigate "Super Week" and expressed appreciation to City staff for their hard work on this project. 2. Recognition of Citizens There were no citizens recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 19 of 39 XI. PRESENTATIONS BY THE CITY COUNCIL Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Ms. Gloria Smith be appointed to the Library Advisory Board, Place 5 effective January 25, 2011, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays hi 1 11 1111,110 c 1 1 1 r 1110 1 There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTIONS 1. A Resolution Ador)tin2 the Citv of Fort Worth's 2011 Federal a is ative Pro2ram. It was the consensus of the Council that the Resolution Adopting the City of Fort Worth's 2011 Federal Legislative Program, be continued until the February 1, 2011, Council meeting. 2. A Resolution Adopting Applicahle Sections of the Texas Municipal League's 2011 Legislative Program. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Resolution No. 3961 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Resolution No. 3962 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. A Resolution Armointin2 Managers for the Villas of Eastwood Terrace, LLC. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Resolution No. 3963 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 20 of 39 XIV. REPORT OF THE CITY MANAGER B. General 1. 7 - Authorize an ter- Fund Loan in the A $1,500, 00.00 from the General r Interim Financin2 ra s rtati ti ity Proiect Costs, Authorize t o Transfer of $14500,000.00 from the General Fund to the Transportation Utility Fund and Adot�t At)t)rot)riation Ordinance. The City Council approved the following recommendation: Authorize a Non - Interest Bearing Inter - Fund Loan From the General Fund to the Transportation Utility Fund of $1,500,000.00 for Interim Financing of the Project Costs Associated With Development of a Transportation Utility; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Transportation Utility Fund in the Amount of $1,500,000.00 From Available Funds. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17184 be approved and Appropriation Ordinance No. 19529 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. MSC G -17185 - Ap ointment of Sarah Fullenwider as City Attorney. The City Council approved the following recommendation: Approve the Appointment of Sarah Fullenwider as City Attorney, effective January 29, 2011, in Accordance With Chapter VI, Section 1 of the City Charter. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17185 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Senior City Attorney Sarah Fullenwider stated it was an honor to be appointed as City Attorney and expressed appreciation to the Council Members, staff, family and friends for their support and stated she looked forward to her new position. She also expressed appreciation to City Attorney David Yett for his many years of guidance. Mayor Moncrief and all members of the Council expressed appreciation to City Attorney Yett for his 30 years of service to the City. They recalled the countless projects that Mr. Yett had been a part of during his time with the City and stated he always provided sound guidance with the highest ethics and morals. They also stated he was a great manager and had trained the best legal team in the profession. They all expressed their support for incoming City Attorney Fullenwider and stated that she had gained their trust through her career with the City and they looked forward to her guidance in the future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 21 of 39 (G -17185 Continued) Mayor Moncrief, on behalf of the City Council, presented City Attorney Yett with a bronze replica of Frederic Remington's Bronco Buster as a memento of his retirement. City Attorney Yett expressed appreciation to the Mayor and Council Members for the memento and stated his staff was the best in the industry. He stated that he thoroughly enjoyed working with his team of women and men and stated Ms. Fullenwider would lead them well. He advised that he would be spending his retirement with his family and would be staying in the area. He wished incoming City Attorney Fullenwider good luck in the future and stated he was very proud of her accomplishments. 3. MSC G -17186 - Authorize the Execution of a Loan Amement with Fort Worth Air and Space Museum Foundajj r to $3 Million from the General Fund and t er A ree e is Necessary to Secure Such Loan. The City Council approved the following recommendation: Based on Direction From Council Proposal No. 284, Authorize the City Manager to Execute a Loan Agreement With the Fort Worth Air and Space Museum Foundation for Up to $3 Million From the General Fund and Any Other Agreements Deemed Necessary by the Parties to Secure Such Loan; and Find That This Loan is for a Public Purpose and is Consistent With Recommendations Made by the Mayor's Aviation Museum Task Force and Lord Cultural Resources, the City's Consultant on the Creation of the Fort Worth Air and Space Museum. Council Member Zimmerman requested the Council's consideration to allow him to abstain from voting on this issue since he was a member of the board. No objections were heard. (Council Member Zimmerman left his place at the dais). Council Member Jordan advised that the City of Fort Worth was celebrating their 100th year in aviation. He stated that for many years the City had been a leader in flight and this museum would celebrate the City's rich aviation history. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -17186 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Zimmerman. (Council Member Zimmerman returned to his place at the dais). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 22 of 39 4. M&C G-17187 - Adopt Resolution Appointing Board of Directors of Alliance Airpor Authority, The City Council approved the following recommendation: Following Persons to the Board of Directors of Alliance January 25, 2011, with terms expiring July 1, 2011. Mike Moncrief Sal Espino W.B. "Zim" Zimmerman Danny Scarth Frank Moss Jungus Jordan Carter Burdette Kathleen Hicks Joel Burns Adopt a Resolution Appointing the Airport Authority, Inc., effective Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17187 be approved and Resolution No. 3964 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. ., The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's 2004 -05, 2005 -06, 2006 -07, 2007 -08, 2008 -09 Action Plans; and Authorize a Change in Use and Expenditure of $638,267.00 in Additional Community Development Block Grant Funds to Reconstruct Residential Streets in Eligible Areas of the City. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17188 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. MSC G -17189 - Adot)t an Ordinance Amending the Sneed Zone Tables in Charter 22, Motor Vehicles and Traffic , Article III Section 22- S ee i S secti s ( a (i, t e ity Code. The City Council approved the following recommendation: Adopt an Ordinance Amending Chapter 22, "Motor Vehicles and Traffic" of the Code of the City of Fort Worth (1986), as Amended, by Amending Subsections (f) and (g) of Section 22 -86 of Article HI, Thereof by Changing Location, Extent and /or Speed Limits of Certain Speed Zones, and Providing a Penal Clause. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 23 of 39 (G -17189 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -17189 be approved and Ordinance No. 19530- 01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The City Council approved the following recommendation: Authorize an Increase in the Maximum Amount to be Paid to the City of Mansfield for Prisoner Detention and Transport Services by $172,998.00 and to Texas Industrial Security, Inc., for Guarding Fort Worth Prisoners at John Peter Smith Hospital and Other Medical Facilities by $145,000.00; and Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $317,998.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17190 be approved and Supplemental Appropriation Ordinance No. 19531 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. MOM I ............ .. BOB The City Council approved the following recommendation: Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Clean Water State Revolving Loan Fund 2007 Series Fund in the Amount of $28,000,000.00, From the Texas Water Development Board's Clean Water State Revolving Loan Fund for Clean Water Infrastructure Projects. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. G -17191 be approved and Appropriation Ordinance No. 19532 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 24 of 39 D. Land 1. M&C L-15096 - Authorize Execution of an Encroachment ice se e with Texas Midstream Gas Services, L.L.C., in the Amount of,,$46,827 68 for a 24-inch Natural Gas Pipeline Within a City rt rth Drainage Eass me Located Just East of and Adjacent t the Railroad Tracks Between Altamesa Boulevard and Hallmark Drive West. (Continued from a Previous sett It appeared that the City Council, at its meeting of November 9, 2010, Continued Mayor and Council Communication L-15096, Authorize the Execution of an Encroachment License Agreement With Texas Midstream Gas Services, L.L.C., for a 24-Inch Natural Gas Pipeline Within a City of Fort Worth Drainage Easement Located Just East of and Adjacent to the Railroad Tracks Between Altamesa Boulevard and Hallmark Drive West in the Amount of $46,827.68 for a Term of 20 Years. Council Member Jordan noted that Mayor and Council Communication Nos. L-15096, L-15098 and C-24577 were all inter-related and requested they be considered under one (1) motion. City Secretary Hendrix read the captions of Mayor and Council Communication Nos. L-15098 and C- 24577 into the record. 2. MSC L-15098 - Authorize Execution of an Underground Pipeline License Agreement with Texas Midstream Gas Services, L L.C. in the Amount of $33,927.41 for a 24-Inch Natural Gas Pipeline Across City-Owned Properly Situate in the G. Herrera Survey, A -2 27 and Located West of Trimble Drive and North of Sheffield Drive. (Continued from a Previous Meetiiaj It appeared that the City Council at its meeting of November 9, 2010, Continued Mayor and Council Communication L-15098, Authorize the Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services, L.L.C., for a 24-Inch Natural Gas Pipeline Across City-Owned Property Situated in the G. Herrera Survey, A-2027 and Located West of Trimble Drive and North of Sheffield Drive in the Amount of $33,927.41 for a Term of 20 Years. F. Award of Contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 25 of 39 (C -24577 Continued) Mr. Ron Gafford, 1829 Heidelberg Drive, President, Hallmark - Camelot - Highland Terrace Neighborhood Association, appeared before Council in opposition to Mayor and Council Communication Nos. L- 15096, L -15098 and C -24577 and regarding negotiations with Chesapeake Midstream Partners. He stated that the residents were initially opposed to the construction of the 24 -inch pipeline that would connect the Edgecliff Compressor Facility to the Sycamore Compressor Facility. He advised that Chesapeake Midstream Partners had responded to their requests and concerns and the citizens were no longer in opposition to these items. He read the following excerpt from a letter dated January 17, 2011, from Harvey Stockman, Chesapeake Midstream Partners, into the record and provided a copy of the letter to City Secretary Hendrix. "At a minimum, Chesapeake Midstream Partners' pipeline operations and maintenance would include: 1. Continuous pressure monitoring by our 24 -hour Gas Control Department 2. Quarterly patrols 3. Quarterly leak surveys 4. Annual cathodic protection monitoring 5. Annual atmospheric corrosion inspection of aboveground pipeline equipment 6. Maintenance of any gates utilized to access the pipeline's easement 7. Maintenance of any security fencing and /or pipe guards enclosing the pipeline's above ground equipment 8. Quarterly maintenance pigging 9. Seasonal vegetation control 10. Continual post - construction erosion control 11. Continuous application of Damage Prevention measures including prompt One Call responses via a dedicated and specially trained Line Locate staff, investigation of any unreported construction or landscaping activity occurring on or near the pipeline, and continual pipeline marker maintenance 12. Timely responses to landowner and resident inquiries 13. Scheduled and un- scheduled regulatory agency inspections 14. Semi - annual internal corrosion control monitoring 15. Annual valve inspections and maintenance 16. Annual pressure control equipment inspections and tests 17. Regular pipeline assessment measures 18. Annual population density surveys" He also advised that the citizens would request the City revise its procedures in the future and require consultation and notification zones regarding construction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 26 of 39 (C -24577 Continued) Mr. Steve Epstein, 1617 Steinburg Lane, completed speaker cards in opposition to Mayor and Council Communication Nos. L- 15096, L -15098 and C- 24577. He advised he would retract his opposition cards and did not wish to address the Council. Council Member Jordan advised that this had been a favorable process between the citizens, the City and Chesapeake Midstream Partners. He also advised they had the benefit of the advice of outside experts and stated a recommendation would be made to amend the City's procedures in the future and require consultation and notification zones regarding construction. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication Nos. L-15096,1-15098 and C -24577 be approved and include the letter dated January 17, 2011, from Harvey Stockman, Chesapeake Midstream Partners and the following additional language in the agreement: The agreement will specify that Texas Midstream Gas Services, LLC, will operate, maintain and inspect the gas pipeline to a level that meets or exceeds state and federal requirements. The operator will provide an annual statement signed by an authorized representative of the company that it has complied with the maintenance requirements that are stipulated. The motion carried unanimously nine (9) ayes to zero (0) nays. Mr. Randle Harwood, Director, Planning and Development Department, expressed appreciation to the staff of Chesapeake and Texas Midstream Gas for their cooperation with the neighborhoods and providing answers to the residents' questions and concerns. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract for Microsoft Licenses and Maintenance From Dell Marketing, Inc., Using a State of Texas Department Contract DIR -SDD -1014 at a Cost of $722,389.15; and Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Information Systems Fund in the Amount of $422,389.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 27 of 39 (C -24704 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24704 be approved and Supplemental Appropriation Ordinance No. 19533 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. I 1 1 Bowie Street and Avenue The City Council approved the following recommendation: Authorize the City Manager to Execute a Public Right -of -Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across West Berry Street, West of South Main Street Across South Main Street, South of Allen Avenue, Across East Allen Avenue, East of South Main Street, Across West Jessamine Street, East of Jennings Avenue, Across Bewick Street, East of Jennings Avenue; Across Biddison Street, East of Jennings Avenue; Across Dickson Street, East of Jennings Avenue, Across Ramsey Avenue, East of Jennings Avenue, Across Morningside Drive, East of Saint Louis Avenue, Across Bowie Street, East of May Street and Across Page Avenue, East of Jennings Avenue, for a One (1) Time License Fee of $37,820.75. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24705 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. MSC C -24706 - Authorize the Execution of a Public Right -of Way Use Amement Granting ere rl a 1 e��1 South e a ice se t str ct a erate a at ra as �+at erl Pipeline 9 e Acr Road, e e East y r y9 r One-Time License Fee of $3,7 The City Council approved the following recommendation: Authorize the City Manager to Execute a Public Right -of -Way Use Agreement With Peregrine Pipeline Company, L.P., Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across South Pipeline Road, East of Royal Parkway, for a One (1) Time License Fee of $3,179.00. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24706 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 28 of 39 ,,,,,,,, ,,,,,,,,, ,,,,,,,,,, ,,,,,,,,, Across West Jessamine Street, East of Jennings Avenue. The City Council approved the following recommendation: Authorize the City Manager to Execute a Public Right -of -Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across West Jessamine Street, East of Jennings Avenue, for a One (1) Time License Fee of $2,103.75. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24707 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. w Drive Pipeline Across Long Avenue, West of Half Moon The City Council approved the following recommendation: Authorize the City Manager to Execute a Public Right -of -Way Use Agreement With Burnett Oil Company, Inc., Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Long Avenue, West of Half Moon Drive, for a One (1) Time License Fee of $22,814.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24708 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's 2007 -2008 and 2008 -2009 Action Plans; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development; Authorize a Change in Use and the Expenditure of $1,100,000.00 of HOME Investment Partnerships Program Grant Funds to Bonnie Brae, L.P., an Affiliate of M.R. Development Corporation, in the Form of a Subordinate Interim Loan for the Development of the Bonnie Brae Estates, a Single Family Rental CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 29 of 39 (C -24709 Continued) Subdivision Located at 3715 NE 28th Street and 3650 Kimbo Road; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With Bonnie Brae, L.P., for a Three (3) Year Subordinate Interim Loan That Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With Bonnie Brae, L.P., for the Project for a Term Beginning on the Date of Execution of the Contract and Ending on the Date the 20 Year Affordability Period Expires; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Bonnie Brae, L.P., Requests an Extension and Such Extension is Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Mayor Pro tem Scarth requested staff clarification if this item was contingent upon being awarded the Texas Department of Housing and Community Affairs ( TDHCA) bond funding. Ms. Cynthia Garcia, Assistant Director, Housing and Economic Development Department, confirmed this item was contingent upon being awarded the TDHCA bond funding. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24709 be approved with appreciation to the Housing and Economic Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's 1996 -1997, 2003 -2004, 2004 -2005, 2005 -2006, 2006 -2007, 2007 -2008 and 2009 -2010 Action Plans; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development; Authorize a Change in Use and the Expenditure of $320,000.00 in HOME Investment Partnerships Program Grant Funds to Cornerstone Assistance Network Housing Development Corporation, a Certified Community Housing Development Organization, for the Development of Three (3) Single Family Houses in the Polytechnic CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 30 of 39 C -24710 Continued) Neighborhood; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With Cornerstone Assistance Network Housing Development Corporation That Conditions Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With Cornerstone Assistance Network Housing Development Corporation for the Project for a Three (3) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract if Cornerstone Assistance Network Housing Development Corporation Requests an Written Extension and Such Extension is Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24710 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's, 2005 -2006, 2007 -2008, 2008 -2009 and 2010 -2011 Action Plans; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development; Authorize a Change in Use and the Expenditure of $315,056.00 of HOME Investment Partnerships Program Grant Funds to Lakeside Village Ltd., in the Form of a Subordinate Interim Loan for the Development of Lakeside Village Homes, Single Family Rental Housing on Scattered Sites in the Como Neighborhood; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With Lakeside Village Ltd., for a Three (3) Year Subordinate Interim Loan That Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With Lakeside Village Ltd., for the Project for a Term Beginning on the Date of Execution of the Contract and Ending on the Date the 20 Year Affordability Period Expires; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Lakeside Village Ltd., Requests an Extension and Such Extension is Necessary for Completion of the Project; and Authorize CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 31 of 39 (C -24711 Continued) the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24711 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Ills pa, c ,.,. ;ui, .., IS Development 2008-2009, 2009-2010 and 2010-2011 Action The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's, 2007 -2008, 2008 -2009, 2009 -2010 and 2010 -2011 Action Plans; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development; Authorize a Change in Use and the Expenditure of Up to $470,000.00 in Prior Year's HOME Investment Partnerships Program Grant Funds to the Neighborhood Land Corporation, a Certified Community Housing Development Organization, for the Development of Up to Seven (7) Single Family Houses Located at Scattered Sites Throughout the City of Fort Worth; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With the Neighborhood Land Corporation That Conditions Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With the Neighborhood Land Corporation for the Project for a Two (2) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract if the Neighborhood Land Corporation Requests a Written Extension and Such Extension is Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24712 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 32 of 39 The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's 2010 -2011 Action Plan; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development; Authorize a Change in Use and the Expenditure of $850,000.00 in HOME Investment Partnerships Program Grant Funds to Esperanza Cove Ltd., in the Form of a Subordinate Interim Loan for the Development of the Esperanza Cove Senior Apartments, Multi- Family Senior Housing Located at 2819 East Belknap Street; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With Esperanza Cove, Ltd., for a Three (3) Year Subordinate Interim Loan That Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With Esperanza Cove, Ltd., for the Project for a Term Beginning on the Date of Execution of the Contract and Ending on the Date the 20 -Year Affordability Period Expires; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract if Esperanza Cove, Ltd., Requests a Written Extension and Such Extension is Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24713 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ��. 1 Amendment to the City's 2010-2011 Action Plan. The City Council approved the following recommendation: Authorize a Substantial Amendment to the City's 2010 -2011 Action Plan; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States Department of Housing and Urban Development; Authorize a Change in Use and the Expenditure of $381,931.00 in HOME Investment Partnerships Program Grant Funds to Tarrant CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 33 of 39 (C -24714 Continued) County Housing Partnership, Inc., a Certified Community Housing Development Organization, for the Development of Three (3) Single Family Houses in the Hill side-Morningside Neighborhood; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With Tarrant County Housing Partnership, Inc., That Conditions Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With Tarrant County Housing Partnership, Inc., for the Project for a Three (3) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract if Tarrant County Housing Partnership, Inc., Requests a Written Extension and Such Extension is Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24714 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 13. MSC C -24715 - Authorize the Execution of a Contract in the Amount of $2,289,229.10 with Conatser Construction r Pavement Reconstruction and ater and Sa it ry Sewer Main Replacement on Crestline Road, Dexter Avenue, Fredrick Street and Sutter Street and Adopt Appropriation r l a ce. The City Council approved the following recommendation: Authorize the Transfer of $1,174,339.00 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of $477,882.00 and Sewer Capital Projects Fund in the Amount of $696,457.00; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and the Sewer Capital Projects Fund From Available Funds for the Purpose of Funding Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Crestline Road, Montgomery Street to Camp Bowie Boulevard; Dexter Avenue, Sutter Street to Clover Lane; Fredrick Street, Crestline Road to Lafayette Avenue and Sutter Street, Lafayette Avenue to Byers Avenue; and Authorize the City Manager to Execute a Contract With Conatser Construction TX, LP, in the Amount of $2,289,229.10. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24715 be approved and Appropriation Ordinance No. 19534 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 34 of 39 1 141111111111 c ................... ......... Butler Street and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $584,355.90 From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $289,506.40 and Sewer Capital Projects Fund in the Amount of $294,849.50; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund From Available Funds for the Purpose of Funding Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Biddison Street, Evans Avenue to Echo Lake Drive South; Blodgett Avenue, Fair Park Boulevard to McClure Street and Eugene Avenue, West Dead End to East Dead End; and Authorize the City Manager to Execute a Contract With Conatser Construction TX, LP, in the Amount of $1,148,630.90. Mr. Lee Frampton, 816 East Biddison, completed a speaker card in support of Mayor and Council Communication No. C- 24716, but did not wish to address the City Council. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24716 be approved and Appropriation Ordinance No. 19535 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The City Council approved the following recommendation: Authorize the Transfer of $640,012.00 From the Water Operating Fund to the Water Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund, From Available Funds for the Purpose of Pavement Reconstruction and Water Main Replacement on Portions of Sixth Avenue, West Arlington Avenue to West Jessamine Street; South Lake Street, West Maddox Avenue to West Magnolia Avenue and South Henderson Street, West Magnolia Avenue to Myrtle Street; and Authorize the City Manager to Execute a Contract With CPS Civil, LLC, in the Amount of $1,443,055.50. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24717 be approved and Appropriation Ordinance No. 19536 -01 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 35 of 39 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 36 of 39 (C -24720 Continued) Ms. Marcella Olson, 500 Main Street, Suite 800, completed a speaker card in support of Mayor and Council Communication No. C- 24720, but did not wish to address the City Council. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24720 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. ZONING HEARING 1 1 c Previous Meeting) It appeared that the City Council at its meeting of November 9, 2010, continued Zoning Docket No. ZC -10 -094 Commercial Metals Company, 2400 NE 36th Street from "K" Heavy Industrial to "PD/K" Planned Development for all uses in "K" Heavy Industrial plus metal recycling facility; site plan included. (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC -10 -094 be continued until the March 22, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Approval) It appeared that the City Council at its meeting of January 4, 2011, continued Zoning Docket No. ZC- 10 -187 Reginald Wilson, 4503 Mansfield Highway; from "E" Neighborhood Commercial to "FR" General Commercial Restricted. (Recommended for Approval) Council Member Moss stated that this area had gone through a Council- initiated rezoning in 2009 and noted that there had been meetings with the City of Forest Hill looking at ways to try and improve the commercial development along this site. He pointed out this rezoning would be counter to the Comprehensive Plan and his motion would be to deny the request. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -187 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 37 of 39 XVL CITIZEN PRESENTATIONS Buses, and.o.rdinance controlling the sale of used electric wheelchairs". Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised he would make a future presentation regarding the Salvation Army not allowing schizophrenic homeless individuals food and shelter. He displayed a photograph of barrels which had washed onto the banks of the Trinity River and advised he would also make a future presentation on trash and debris in the Trinity River. He displayed photographs of a therapy dog and a copy of his MITS +1 identification card and stated that the riders on The "T" should not be allowed to have guide animals or motorized chairs without medical proof of their need. He stated that the individuals who had a valid medical issue should be required to have an identifying stamp or mark on their identification card. He advised that individuals who used motorized wheel chairs without a real medical need were wasting federal funds. Other Citizen Presentations: Ms. Jane Onuoha, 1513 Whispering Cove Trail, appeared before Council and advised of the need for healthcare facilities for adults and elderly. She requested the use of a vacant City building for an adult daycare and hospice facility. Mayor Moncrief advised Ms. Onuoha that although he fully understood the need for these type of services, the City could not get involved with the issue. He advised her that there were other forums that would be better suited for her message, such as the Texas Medical Association or the Tarrant County Medical Society. Mr. Alex Weely, representing the Fort Worth Titans, appeared before Council and provided a handout and background information on the Texas School of Football, a mentoring program for students in 2" d through 8th grade. He advised that Council Member Jordan visited the participating Fort Worth students and their team won the division championship. He presented Council Member Jordan with a football jersey signed by Mr. Brandon Williams, former football player for the Dallas Cowboys. He also requested the use of Blue Raider Field for the spring football season. Council Member Jordan expressed appreciation to Mr. Weely for the football jersey and stated that Mr. Weely was a great leader in the community. He also advised that staff was working to change and finalize arrangements for how Blue Raider Field was managed and would have good news Mr. Weely in the near future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 38 of 39 XVIL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) It was the consensus of the City Council that they recess into Executive Session at 11:40 a.m., to complete the agenda items as follows: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, and as authorized by Section 551.071 of the Texas Government Code: b. Legal issues regarding proposed rate changes by Oncor Electric Delivery, LLC; and c. I Gotcha, Inc., d /b /a BT Cabaret, Main State Cabaret, and Illusions Gentleman's Club v. City of Fort Worth Civil Action No. 4- 11 -CV- 011 -A; and d. City of Fort Worth v. Near Southeast Community Development Corporation, Inc., Cause No. 236- 245377-10; and e. Legal issues related to four Fort Worth Selective Traffic Enforcement Program (STEP) grants funded by the Texas Department of Transportation (TxDOT); and f. Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. The City Council reconvened into regular session at 12:52 p.m. XVIIL ADJOURNMENT There being no further business the meeting was adjourned at 12:52 in memory of Officer Mary "Janie" Spivey, Badge Number 2817, who passed away on January 22, 2011, and last served in the Central Patrol Division and was a 16 year veteran; Retired Sergeant Lonnell E. Copper, Badge Number 335, who passed away on January 24, 2011, and was the first African American Supervisor in the Police Department and was a 26 year veteran; Ms. Christina Bronson, age 73, who passed away on January 18, 2011, after a 23 -year long battle with cancer; and Ms. Nancy Naan Platt, who passed away on January 11, 2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 25, 2011 PAGE 39 of 39 These minutes approved by the Fort Worth City Council on the 8th day of February, 2011. Attest: f�LdOV4�z Marty Andrix City Secretary Approved: