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HomeMy WebLinkAbout2011/05/03-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 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 Absent Council Member Salvador Espino, District 2 Staff Present Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 2 of 27 IV. CONSIDERATION OF MINUTES OF REGULAR APRIL , 2 Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the minutes of the regular meeting of April 19, 2011, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. There were no items to be withdrawn from the Consent Agenda. I. 1ft"111MM11111 , I c There were no items to be continued or withdrawn by Staff. VII. CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Council Member Burns that the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. A. General - Consent Items 1. M &C G -17262 - Confirm Appointment of Miss Isabell Montgomery as a Member of the Mayor's Committee on Persons with Disabilities, Place 4. The City Council approved the following recommendation: Confirm the Appointment of Miss Isabell Montgomery as a Member of the City of Fort Worth Mayor's Committee on Persons With Disabilities, Place 4, for a Term Expiring October 1, 2012. 2. M &C G -17263 - Approve Findings of Ground Transportation Coordinator Regarding Application of ALPHA -ROYAL LIMO AND CAR SERVICES, Inc., d /b /a BEMNET LIMO SERVICE, to Operate Three 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 Three (3) Limousines Upon the City Streets, Alleys, and Thoroughfares; ALPHA - ROYAL LIMO AND CAR SERVICES, Inc., d /b /a BEMNET LIMO SERVICE, is Qualified and Financially Able to Conduct a Limousine Service Within the City; ALPHA -ROYAL LIMO AND CAR SERVICES, Inc., d /b /a BEMNET LIMO SERVICE, has Complied With the Requirements of Chapter 34 of the City Code; ALPHA -ROYAL LIMO AND CAR SERVICES, Inc., d /b /a BEMNET CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 3 of 27 (VII. CONSENT AGENDA Continued) (G -17263 Continued) LIMO SERVICE, Presented Facts in Support of Compelling Demand and Necessity for Three (3) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Three (3) Limousines Upon City Streets, Alleys, and Thoroughfares; and Adopt Ordinance No. 19666- 05 -2011 Granting the Privilege of Operating Authority to ALPHA -ROYAL LIMO AND CAR SERVICES, Inc., d /b /a BEMNET LIMO SERVICE, 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 Three (3) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty and Providing for Written Acceptance by ALPHA -ROYAL LIMO AND CAR SERVICES, Inc., d /b /a BEMNET LIMO SERVICE Subject to and Conditioned on ALPHA -ROYAL LIMO AND CAR SERVICES, Inc., d/b /a Bemnet LIMO SERVICE 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 -17264 - Approve Findings of Ground Transportation Coordinator Regarding Application of Ohemeng Transportation, LLC, to Operate Three 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 Three (3) Limousines Upon the City Streets, Alleys, and Thoroughfares; Ohemeng Transportation, LLC, is Qualified and Financially Able to Conduct a Limousine Service Within the City; Ohemeng Transportation, LLC, has Complied With the Requirements of Chapter 34 of the City Code; Ohemeng Transportation, LLC, Presented Facts in Support of Compelling Demand and Necessity for Three (3) Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of Three (3) Limousines Upon City Streets, Alleys, and Thoroughfares; and Adopt Ordinance No. 19667 -05 -2011 Granting the Privilege of Operating Authority to Ohemeng Transportation, 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 Three (3) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty and Providing for Written Acceptance by Ohemeng Transportation, LLC, Subject to and Conditioned on Ohemeng Transportation, LLC Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 4 of 27 (VII. CONSENT AGENDA Continued) 4. M &C G -17265 - Authorize Acceptance of Payments from the State of Texas Law Enforcement Officer Standards and Education Account in the Amount of $1,495.12 for the Fire Department Investigations Division and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Accept Payments From the State of Texas Law Enforcement Officer Standards and Education Account in the Amount of $1,495.12; and Adopt Appropriation Ordinance No. 19668 -05 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund, From Available Funds, for the Purpose of Paying for Training Expenses in the Fire Department Investigations Division in Accordance With Chapter 1701, Occupations Codes. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11224 - Authorize a Sole Source Purchase Agreement with Ozonia North America, L.L.C., for Preventative Maintenance Services and Replacement Parts for the Water Department for an Initial Amount of $150,000.00. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Ozonia North America, L.L.C., for Preventative Maintenance Services and Replacement Parts for the Water Department for an Initial Amount of $150,000.00. 2. M &C P -11225 - Authorize the Purchase of Two Box Vans from Philpott Motors, LTD, Using a Texas Association of School Boards Cooperative Contract, for the Library Department for a Total Amount of $123,166.00. The City Council approved the following recommendation: Authorize the Purchase of Two (2) Box Vans From Philpott Motors, LTD, Using Texas Association of School Boards Contract No. 358 -10, for the Library Department for a Total Amount of $123,166.00. 3. M &C P -11226 - Authorize the Purchase of Eight Trucks from Philpott Motors, LTD, Using a Houston Galveston Area Council Cooperative Contract for Various City Departments for a Total Amount of $269,466.00. The City Council approved the following recommendation: Authorize the Purchase of a Total of Eight (8) Trucks From Philpott Motors, LTD, Using the Houston Galveston Area Council Contract No. VE03 -06 for a Total Amount of $269,466.00 for Vehicles Being Acquired for the Following Departments: Transportation and Public Works, Three (3), Parks and Community Services, Three (3), Code Compliance, One (1) and Equipment Services, One (1). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 5 of 27 (VII. CONSENT AGENDA Continued) C. Land - Consent Items 1. M &C L -15171 - Authorize the Acquisition of a Fee Simple Interest in 0.011 Acres of Land for Right -of -Way Located at 3569 Binyon Street for the Westcreek Kellis Park Storm Water Utility Project from Lara M. Tilghman for the Amount of $700.00 and Pay the Estimated Closing Costs of $1,500.00. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in 0.011 Acre of Land for Right -of -Way Located at 3569 Binyon Street, Described as Lot B1, Block 10 of South Hills Addition, Fort Worth, Tarrant County, Texas, for the Westcreek Kellis Park Storm Water Utility Project, From Lara M. Tilghman; Find That the Price of $700.00 is Just Compensation; and Authorize the City Manager or His Designee to Accept the Conveyance, Record the Appropriate Instruments and Pay Closing Costs up to $1,500.00. 2. M &C L -15172 - Authorize the Acquisition from Burlington Northern Santa Fe Railway Company of Four Rights -of -Way, One Drainage Easement and Four Temporary Construction Easements for the Relocation and Construction of John Day Road Located in Tarrant and Denton Counties for $746,412.00 and Pay the Estimated Closing Costs of $12,000.00 for the Alliance Airport Runway Extension Project. The City Council approved the following recommendation: Authorize the City Manager or his Designee to Accept the Conveyances and Record the Appropriate Instruments and Pay the Agreed - Upon Compensation and Estimated Closing Costs of $12,000.00; Authorize the Land Acquisition From Burlington Northern Santa Fe Railway Company of Four (4) Rights -of -Way, One (1) Drainage Easement and Four (4) Temporary Construction Easements for the Relocation and Construction of John Day Road Located in Tarrant and Denton Counties for the Total Amount of $746,412.00 for the Alliance Airport Runway Extension Project; Find That the Total Agreed Upon Price of $746,412.00 is Just Compensation for the Acquistions. 3. M &C L -15173 - Authorize the Conveyance of an Easement to Oncor Electric Delivery for Electrical Equipment and Appurtenances to Southside Pump Station on City Property Located at 1800 Waggoman Street at No Expense to the City of Fort Worth. The City Council approved the following recommendation: Authorize the Conveyance of an Easement to Oncor Electric Delivery for Electrical Equipment and Appurtenances to Southside Pump Station on City Property Located at 1800 Waggoman Street, Described as Lot 1, Block 1, Southside Pump Station Addition, at No Expense to the City of Fort Worth; and Authorize the Execution and Recording of Necessary Documents to Complete the Conveyance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 6 of 27 (VII. CONSENT AGENDA Continued) 4. M &C L -15174 - Accept the Dedication of Approximately 6.204 Acres of Parkland and Facility Improvements from LNR CPI Presidio Apartments, LLC, for Junction Park. The City Council approved the following recommendation: Accept the Dedication of Approximately 6.204 Acres of Parkland Situated in the William McCowan Survey, Abstract No. 999, Intending to be All of Lot 6, Block A and Being a Portion of That Certain Tract of Land as Described by Deed to LNR CPI Presidio Apartments, LLC as Recorded in Clerk's Instrument No. D207381129, Being Lot 6, Block A of Lot 2, Block B and Lots 4 and 6, Block A, the Presidio, an Addition to the City of Fort Worth, as Recorded in Clerk's Instrument No. D209006968, Deed Records, Tarrant County, Texas and Facility Improvements from LNR CPI Presidio Apartments, LLC, In Accordance With the Neighborhood and Community Park Dedication Policy for Junction Park. E. Award of Contract - Consent Items 1. M &C C -24881 - Authorize an Amendment to Extend the Professional Services Agreement with Mainline Information Systems, Inc., for Services to Support the City's Mainframe Operating Environment for the Information Technology Solutions Department Using a General Services Administration Contract for an Annual Amount of $180,000.00. The City Council approved the following recommendation: Authorize an Amendment to Extend the Professional Services Agreement with Mainline Information Systems, Inc., for Services to Support the City's Mainframe Operating Environment for the Information Technology Solutions Department Utilizing General Services Administration Contract No. GS- 35F- 0216L, for an Annual Amount of $180,000.00. 2. M &C C -24882 - Authorize Execution of an Agreement with Environmental Systems Research Institute to Purchase an On -Line Redistricting Software and Services Solution Using a State of Texas Department of Information Resources Contract at a Cost Not to Exceed $100,000.00. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract With Environmental Systems Research Institute to Purchase Their On -Line Redistricting Solution Software Including Licenses and Maintenance Using a State of Texas Department of Information Resources Contract at a Cost Not to Exceed $100,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 7 of 27 (VII. CONSENT AGENDA Continued) 3. M &C C -24883 - Amend M &C C -24443 to Correct the Terms and Conditions of an Authorized Economic Development Program Agreement with TD Ameritrade, Inc. The City Council approved the following recommendation: Amend M &C C -24443 to Correct the Terms and Conditions of an Authorized Economic Development Program Agreement with TD Ameritrade, Inc. 4. M &C C -24884 - Approve the Use of $614,972.50 from the Fort Worth Housing Trust Fund to Satisfy the City's Fiscal Year 2010 -2011 HOME Investment Partnerships Program Match Obligations, Authorize the Transfer of $250,000.00 from the Fort Worth Housing Trust Fund to the General Fund, Authorize the Expenditure of $250,000.00 to Race Street Lofts, Ltd., for the Development of the Race Street Lofts Located at 2817 Race Street, Authorize the Execution of a Contract and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Approve the Use of $614,972.50 From the Fort Worth Housing Trust Fund to Satisfy the City's Fiscal Year 2010 -2011 HOME Investment Partnerships Program Match Obligations; Authorize the Transfer of $250,000.00 from the Fort Worth Housing Trust Fund to the General Fund; Authorize the Expenditure of $250,000.00 to Race Street Lofts, Ltd., for the Development of the Race Street Lofts, an Affordable Multi- Family Development Located at 2817 Race Street; Authorize the City Manager or his Designee to Execute a Contract for the Development With Race Street Lofts, Ltd., for a 20 Year Term to run Concurrently With the HOME Affordability Period; Authorize The City Manager or his Designee to Amend 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; and Adopt Appropriation Ordinance No. 19669 -05 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund, From Available Funds, for the Purpose of Funding the Development. 5. M &C C -24885 - Authorize Amendment No. 1 to City Secretary Contract No. 41182, an Economic Development Program Agreement with Robert G. Muckleroy, for Extension of the Project Deadline to August 31, 2011. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 41182, an Economic Development Program Agreement With Robert G. Muckleroy, for Extension of the Project Deadline to August 31, 2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 8 of 27 (VII. CONSENT AGENDA Continued) 6. M &C C -24886 - Authorize Execution of an Agreement with the Union Pacific Railroad Company in the Amount of $23,539.00 for Rights of Entry for Pavement Improvements Required at the Railroad Crossing Located on McAlister Road. The City Council approved the following recommendation: Authorize the City Manager to Execute an Agreement With the Union Pacific Railroad Company in the Amount of $23,539.00 for Rights of Entry for Pavement Improvements Required at the Railroad Crossing Located on McAlister Road. 7. M &C C -24887 - Authorize Rejection of all Bids for the Ryan Place Neighborhood Traffic Management Program Improvements and Re- Advertisement of the Project for Bids. The City Council approved the following recommendation: Reject All Bids Received for the Ryan Place Neighborhood Traffic Management Program Improvements; and Authorize Re- advertising the Project for Bid at the Earliest Time Possible. 8. M &C C -24888 - Authorize Execution of a Terminal Building Office Lease Agreement for Suites 107C, 107D and 107E with EAN Holdings, LLC, at Fort Worth Meacham International Airport. The City Council approved the following recommendation: Authorize the City Manager to Execute a Terminal Building Office Lease Agreement for Suites 107C, 107D and 107E With EAN Holdings, LLC, at Fort Worth Meacham International Airport. 9. M &C C -24889 - Authorize Execution of a Terminal Building Office Lease Agreement for Suite 103 with Rich Aviation Services, LLC, at Fort Worth Meacham International Airport. The City Council approved the following recommendation: Authorize the City Manager to Execute a Terminal Building Office Lease Agreement for Suite 103 With Rich Aviation Services, LLC, at Fort Worth Meacham International Airport. 10. M &C C -24890 - Authorize Execution of a Contract in the Amount of $728,292.50 with Tri- Tech Construction, Inc., for Water and Sanitary Sewer Replacement Contract 2005, WSM -G on East Long Avenue, Dana Drive, Hedrick Street, Mesquite Road and Wesley Street and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $728,292.50 With Tri -Tech Construction, Inc., for Water and Sanitary Sewer Replacement Contract 2005, WSM -G on East Long Avenue From Half Moon Drive to North CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 9 of 27 (VII. CONSENT AGENDA Continued) (C -24890 Continued) Beach Street; Dana Drive From Hedrick Street to North Beach Street; Hedrick Street From Cindy Drive to East Long Avenue; Mesquite Road From Dana Drive to Broadway Avenue; and Wesley Street From Cindy Drive to Hedrick Street; Authorize the Transfer of $825,707.00 From the Water and Sewer Operating Fund in the Amounts of $501,000.50 to the Water Capital Projects Fund and $324,706.50 to the Sewer Capital Projects Fund; and Adopt Appropriation Ordinance No. 19670 -05- 2011 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 the Contract. 11. M &C C -24891 - Authorize Execution of a Contract in the Amount of $621,000.00 with Synagro of Texas -CDR, Inc., for the Cleaning of Digesters No. 9, 10, 11, 12 and 14 at Village Creek Wastewater Treatment Plant. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $621,000.00 With Synagro of Texas -CDR, Inc., for the Cleaning of Digesters No. 9, 10, 11, 12 and 14 at Village Creek Wastewater Treatment Plant. 12. M &C C -24892 - Authorize Execution of an Engineering Agreement in the Amount of $131,350.00 with Kimley -Horn and Associates, Inc., for West Seventh Street Bridge Water and Sanitary Sewer Improvements on Fournier Street from River Drive to West Seventh Street and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $161,350.00 From the Water and Sewer Operating Fund in the Amounts of $120,080.00 to the Water Capital Projects Fund and $41,270.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19671 -05 -2011 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 the Improvements; and Authorize the City Manager to Execute an Engineering Agreement With Kimley- Horn and Associates, Inc., in the Amount of $131,350.00, for West Seventh Street Bridge Water and Sanitary Sewer Improvements on Fournier Street and From River Drive to West Seventh Street. 13. M &C C -24893 - Authorize the Application for and Acceptance of, if Awarded, a Grant from the Texas State Library and Archives Commission in an Amount Up to $285,482.00 for the Library Department's Inter - Library Loan Program, Authorize Execution of a Grant Agreement and Adopt Appropriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 10 of 27 (VII. CONSENT AGENDA Continued) (C -24893 Continued) The City Council approved the following recommendation: Authorize the City Manager to Apply for and Accept, if Awarded, a Grant From the Texas State Library and Archives Commission for the Library Department's Inter - Library Loan Program Year September 1, 2011, Through August 31, 2012, in an Amount Up to $285,482.00; Authorize the City Manager to Execute a Grant Agreement With the Texas State Library and Archives Commission Relating to Such Grants; Adopt Appropriation Ordinance No. 19672 -05 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to the Receipt of the Grant for the Purpose of Funding the Program; and Apply Indirect Costs Using the Most Recently Approved Indirect Cost Rate of 23 Percent for the Library Department. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1811 - Notice of Claims for Alleged Damages and /or Injuries 2. OCS - 1812 - Liability Bonds Approval End of Consent Agenda IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC T# Ms. Lois Bogusch, 4 -H Club volunteer, introduced Ms. Lori Thompson, Sculpture Coordinator and Advisor, Firehouse Gallery and children from the 4HKIDS and presented Art Sculpture Number 5 to Council Member Hicks. Ms. Bogusch explained that the East Fort Worth 4 -H Club began as an outreach effort of Meadowbrook United Methodist Church with help from the Tarrant County Extension Service in an effort to increase involvement in a changing multi - cultural community. She further stated that the 4 -H Club brought together children and adults in the community by developing many life- enhancing skills which gave members a sense of self -worth and achievement. She advised that five (5) years ago Ms. Thompson started a tradition of collecting objects in the streets and ravines of the West Meadowbrook area as a way to encourage the members to see the beauty and versatility in "found treasures." She stated that the art sculpture was number five (5) and was made by the 4HKIDS from trash found during the Cowtown Cleanup. Council Member Hicks stated that there was always a wonderful turn out by both adults and young people at the Cowtown Cleanup and she expressed appreciation for the sculpture. Mayor Moncrief expressed appreciation to the children from the 4 -H Club for their volunteerism and stated they were the future leaders of the City. He encouraged them to continue to be good stewards in the community and set an example for other children. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 11 of 27 ��ili 1111111111 iii 11411 w w, 1 1. Upcoming a nd Recent Events Mayor Pro tem Scarth wished his wife a happy birthday and expressed appreciation to her for the many years of support. Council Member Jordan announced that the 5th Annual Family Day was held in Council District 6 on April 30, 2011. He stated that the event was hugely successful with approximately 2,500 people in attendance. He expressed appreciation to Police Chief Jeffrey Halstead, the South Division of the Police Department, the Citizens on Patrol and the Neighborhood Police Officers for their support and attendance at the event. He also expressed appreciation to Mr. Michael Cohen, event organizer and member of both the Citizens on Patrol and Red Helmets volunteer programs. He stated Mr. Cohen suffered a heart attack shortly following the event and advised that Mr. Cohen was recovering and wished him well. Council Member Burns announced that May 8, 2011, was Mother's Day and reminded everyone to call their mother. He also announced that Cinco de Mayo was this week and encouraged everyone to celebrate. He further announced that MayFest would be held May 5 through 8, 2011, and encouraged everyone to visit www.mayfest.org for more information. He also advised that the Historic Fairmount Home Tour would take place May 7 through 8, 2011, from 12:00 p.m. to 6:00 p.m., and a parade would be held on May 7, 2011, at 10:00 a.m. and stated for more information to visit www.historicfairmount.gM. He further advised that he had been working with the Texas Department of Transportation (TxDOT) on the annual Click It or Ticket campaign since the death of his brother Cody Burns seven (7) weeks earlier in a truck accident where he was not wearing a seatbelt. He announced that the Click It or Ticket campaign would officially kick -off on May 9, 2011, at 10:00 a.m. He pointed out that the Fort Worth Convention Center (FWCC) Arena would be wrapped with a giant seatbelt in honor of the event. He stated the passenger who rode with his brother and was wearing a seatbelt and walked away from the tragic accident would be speaking at the event and encouraged everyone to attend. He expressed appreciation to TxDOT, the City Special Events staff and the Convention and Visitors Bureau for coordinating the placement of the seatbelt and the street closures around the FWCC for the event. Council Member Moss announced that the grand opening celebration for the Eastland and Buttercup Apartments was held at 5500 Eastland on April 29, 2011, at 10:00 a.m. He advised that these apartments were two (2) new quality affordable housing developments in the Stop Six Area and the total investment was $26M. He also pointed out that the residences at Eastland were among the top four (4) affordable residential developments in the state and in the country. He expressed appreciation to Susan Alanis, Assistant City Manager and Jay Chapa, Director and Cynthia Garcia, Assistant Director, Housing and Economic Development Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 12 of 27 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) Council Member Zimmerman announced that the Crown Plaza Invitational Golf Tournament would be held May 16 though 22, 2011. He showed a promotional commercial featuring Mayor Moncrief and encouraged everyone to attend the tournament. He also provided an overview of the schedule for the week of the tournament and advised for more information to visit www.crownplazainvitational.com. Mayor Moncrief advised that the Crown Plaza Golf Tournament was the oldest tournament on the PGA Tour. He further advised that Council Member Zimmerman had been a volunteer for 24 years and was in charge of 500 volunteer Marshals. In observance of recent events regarding the death of Osama Bin Laden, Council Member Jordan reminded everyone that the United States of America was blessed with freedom and housed the best military on earth. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL There were no changes in membership on boards and commissions. Im" hi 1 11 11jill There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTION 1. A Resolution Endorsin2 the Lake Arlingt n Master Plan as it Pertains to the Citv of Fort Worth. Mr. Jay Johnson, P.O. Box 50212, Chairman of Lake Shore Council of Neighborhoods, appeared before Council in support of the resolution endorsing the Lake Arlington Master Plan as it pertained to the City of Fort Worth. However, he also advised that he did not feel that Fort Worth residents were provided the same public process and input as the Arlington residents. He stated that he had attended dozens of meetings over the past two (2) years regarding the Master Plan and this project was very CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 13 of 27 (XIII. RESOLUTION Continued) important. He stated there were criminal activities such as a homicide and fights occurring in the Eugene McCray Park and the Police Department was not patrolling the area or doing anything to curtail the crime. He questioned how the Police Department was going to patrol a six (6) mile trail along the lake when they could not properly patrol a six (6) acre park. Council Member Hicks advised there were concerns with the criminal activity in Eugene McCray Park and Cobb Park, but that people should not keep bringing up negative events that occurred in southeast Fort Worth because it contributed to stereotypes. She further stated that the Police Department continued to work with Council Member Moss to prevent crime in the parks. Council Member Moss advised that the main goal of the Lake Arlington Master Plan was to design an overall plan to protect and guide development around Lake Arlington. Mayor Moncrief expressed appreciation to Council Member Moss for his hard work on this project and stated that Council Member Moss had work very hard to secure controlled growth and a sustainable product around Lake Arlington. Council Member Moss further advised that although there may have been disinterest by some parties, there was ample opportunity to participate in this project as four (4) to five (5) notification and informational mailings were sent to property owners in the area. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Resolution No. 3983 -05 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. XIV. ORDINANCE Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Ordinance No. 19673 -05 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 14 of 27 XV. ZONING HEARING It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on April 18, 2011. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1 Rill Ian; site plan included. (Recommended for Approval Amended) Mayor Moncrief reminded the Council Members that since there was opposition from the surrounding property owners this item would require a super majority vote. Mr. James Schell, 901 Fort Worth Club Building, completed a speaker card in support of Zoning Docket No. ZC -10 -185, but did not wish to address the City Council. Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -10 -185 be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 1 Denial standards; site plan included. (Recommended for Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC -11 -005 be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 15 of 27 (ZC -11 -026 Continued) Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -026 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ....., 1 c. 1 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Zoning Docket No. SP -11 -002 be denied without prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 1� �. c Mr. Richard West, 1059 Thornridge Circle, Argyle, Texas 76226, completed a speaker card in support of Zoning Docket No. ZC -11 -031, but did not wish to address the City Council. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -11 -031 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. c Mr. Larry Fowler, 777 Main Street, Suite 3800, completed a speaker card in support of Zoning Docket No. ZC -11 -032, but did not wish to address the City Council. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC -11 -032 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC -11 -034 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 16 of 27 ORDINANCE NO. 19674 -05 -2011 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 17 of 27 (ZC -11 -036 Continued) The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent XVL REPORT OF THE CITY MANAGER B. General CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 18 of 27 (G -17267 Continued) Contributing to the Project through TxDOT; Authorize the City Manager to Execute an Agreement With Streams and Valleys, Inc., for Cost Participation and Accept Streams and Valleys Contribution in the Amount up to $865,260.00 for use Towards the Required Local Match to the Project; Authorize the Transfer of $224,999.87 From the Park Improvements Fund to the Grant Fund Towards the City's Match; Authorize the Transfer of $13,765.13 From the Park Gas Lease Project Fund to the Grant Fund Towards the City's Match; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts And Appropriations in the Grants Fund, Subject to Receipt of Federal Funds From the Federal Transportation Enhancement Program and Funds From Streams and Valleys, Inc., for the Purpose of Funding the Project. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth that Mayor and Council Communication No. G -17267 be approved with appreciation to Ms. Adalaide Evans, Streams and Valleys, Inc., and Ms. Wanda Conlin, West Meadowbrook Neighborhood resident and to adopt Resolution No. 3984 -05 -2011 and Appropriation Ordinance No. 19675 -05 -2011. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Mayor Pro tem Scarth left his place at the dais.) a. Rer)ort of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Bob Manthei, applicant, 810 Houston Street, appeared before Council in support of Mayor and Council Communication No. G -17268 and provided an overview of the waiver request. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 19 of 27 (G -17268 Continued) Council Member Burdette advised that two (2) wells were drilled on this property eight (8) years prior and no protected uses existed on the property. He advised that a home was constructed within the protected use area after the wells existed. He advised he would support this item because the wells were there first and the property owners should have the right to have their minerals harvested. c. Council Action Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. G -17268 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth and with Council Member Espino absent. (Council Member Scarth returned to his place at the dais.) 1. M&C L-15175 - Authorize the Sae of Three Tax-Foreclosed Pr eres ocated at Parker Henderson Road, 2 P ar er Henderson Road and 5700 Parker Henderson Road Accordance with Section 272. 001 of the Texas Local Government Code and Section 34.05 of the Texas Prouerty Tax Code for a Total Amount of $51,101.00. The recommendation was that the City Council Authorize the Sale of Three (3) Tax - Foreclosed Properties Located at 5609 Parker Henderson Road, 5612 Parker Henderson Road and 5700 Parker Henderson Road 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 Amount of $51,101.00; 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. Council Member Moss advised that this item was the sale of several tracts of tax - foreclosed properties in District 5 and stated that the purchaser of the land assured him that he would not build anything that would be detrimental to the area. He advised that he would monitor this project very closely and act accordingly. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L -15175 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 20 of 27 c c . .., ........ , .... ......... ........ . .. , 1 I ........, ......... Raw c ., .H.k.ks...Road to Golden Triangle Boulevard. The recommendation was that the City Council Declare that the Negotiations Between the City and the Landowners to Acquire the Permanent Easement Interest in 0.946 Acre of Land for a Permanent Drainage Facility and Temporary Easement Interest for Temporary Construction in 0.282 Acre of Land Owned by Verlo J. and Arlene M. Strand Known as 4335 Golden Triangle Boulevard, Block 1, Lot 2, William McCowan Subdivision, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Reach an Agreement on a Purchase Price; Declare the Necessity to Take by Condemnation the Subject Property for the Easement Interests Needed for the Extension of North Beach Street From Keller Hicks Road to Golden Triangle Boulevard; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Easement Interests in the Surface Estate, but Not the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L -15176 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Sewer Line. (PUBLIC HEARING) The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That no Feasible or Prudent Alternative Exists to the use of Forest Park for the Location of Proposed Sanitary Sewer Line; Find That the Proposed Sanitary Sewer Line Includes All Reasonable Planning to Minimize Harm to the Parkland and Will be Constructed in Forest Park as Specified; and Close the Public Hearing and Authorize the Use of Approximately 0.59 Acre Located at 1500 -2000 Colonial Parkway, Mapsco: 76N, P, and K, South of the Clear Fork Trinity River, West of Rogers Avenue, Intersected by University Drive, North of Colonial Parkway, Northeast of Winton Terrace, East of Terminus of Wescott Road, Intersected by Park Hill Drive, East of Sandage Avenue, North of Mc Pherson Avenue, West of McCart Avenue, West of Forest Park Boulevard, Intersected by Park Place, Intersected by Colonial Parkway, West at Terminus of Forest Park, for the Installation of 16- Inch, 30 -Inch and 42 -Inch Sanitary Sewer Line. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 21 of 27 (L -15177 Continued) a. BgR2Lt of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and that Mayor and Council Communication No. L -15177 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Authorize Amement with Texas Midstream Gas Services LLC,.in the Amount of $104,720.65. JPUBLIC HEARING) The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That no Feasible or Prudent Alternative Exists to the use of Harmon Park for the Location of the Proposed Natural Gas Pipeline; Find That the Proposed Natural Gas Pipeline Includes All Reasonable Planning to Minimize Harm to the Parkland and Will be Constructed in Harmon Park; and Close the Public Hearing and Authorize the use of Approximately 1.017 Acres of Dedicated Parkland of Harmon Park Located at 1501 Martin Luther King Freeway, Mapsco: 63X -Y and 7713-C, East of North South FWY SR NB, West of West Fork Trinity River, South of the Trinity Railway Express RR, for the Installation of a 10 -Inch Natural Gas Pipeline; and Authorize the Execution of a License Agreement With Texas Midstream Gas Services, LLC, in the Amount of $104,720.65. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e Mr. Richard Zavala, Director, Parks and Community Service, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 22 of 27 (L -15178 Continued) Council Member Hicks requested clarification on the timeline for this project. Mr. Zavala advised that the installation of the pipeline would be completed by June 12, 2011, which was the beginning of soccer season and the parking lot would be completed by September 21, 2011, but temporary parking would be provided. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. L -15178 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. E. Planning & Zoning North Sector in Accordance with the 2011 Comprehensive Plan. The recommendation was that the City Council Approve the Annexation Timetable for Proposed City - Initiated Annexation of Approximately 15.8 Acres of Land, Located on the North Freeway, I -35W, South of Highway 114 and East of Championship Parkway, AX -11 -003 North Freeway, 1-3 5W ROW, in the Far North Sector, for Full Purposes in Compliance With the Requirements of Chapter 43 of the Local Government Code of the State of Texas; and Direct Staff to Prepare a Service Plan That Provides for the Extension of Full Municipal Services to the Annexation Area in Accordance With the 2011 Comprehensive Plan. Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ -2934 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 23 of 27 ............... c c . The recommendation was that the City Council Approve the Annexation Timetable for Proposed City - Initiated Annexation and Authorize the City Manager to Initiate Zoning Changes Of Approximately 0.3 Acre of Land, Located South of Litsey Road and East of Cleveland -Gibbs Road, AX -11 -004 4561 Lakeside Hollow Street, in the Far North Sector, for Full Purposes in Compliance With the Requirements of Chapter 43 of the Local Government Code of the State of Texas; and Direct Staff to Prepare a Service Plan That Provides for the Extension of Full Municipal Services to the Annexation Area in Accordance With the 2011 Comprehensive Plan. Motion: On behalf of Council Member Espino, Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. PZ -2935 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Jordan left his place at the dais.) F. Award of Contract BIWA, ..................... ..., ....,,......... ,,,,., Annual Cost Not to Exceed $500,000.00. 1 The recommendation was that the City Council Authorize the City Manager to Execute an Agreement With TW Telecom Holdings Inc., to Provide Telecommunications Services at Multiple City of Fort Worth Sites for the Information Technology Solutions Department Using General Services Administration Contract Number GS- 35F -0426R at an Annual Cost Not to Exceed $500,000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24894 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Jordan and Espino absent. .. ........ ... 1 Dallas/Fort and the City of Fort Worth to Provide Gas Well Inspector Service at CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 24 of 27 (C -24895 Continued) The recommendation was that the City Council Authorize an Additional Two (2) Year Extension to the Interlocal Agreement, City Secretary Contract No. 3 53 62, Between the Dallas/Fort Worth International Airport Board and the City of Fort Worth to Provide Gas Well Inspector Service at Dallas/Fort Worth International Airport. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24895 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Jordan and Espino absent. c c Clover Circle, Heathcote Street, Riverside Drive, The recommendation was that the City Council Authorize the City Manager to Execute a Public Right - of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Northside Drive, West of Mercado Drive, Along Leota Street, From South of Greenfield Avenue to North of Delga Street, Across East First Street, East of I -35, Across East Fourth Street, East of Maple Street, Across Clover Circle, South of Fourth Street, Across Heathcote Street, East of I -35, Across Riverside Drive, South of Lancaster Avenue, Across East Avenue, East of Riverside Drive and Across Cromwell Street, North of Daggett Avenue for a One (1) Time License Fee of $91,349.50. Mr. Charles Davis, representing Chesapeake Energy, 100 Energy Way, appeared before Council in support of Mayor and Council Communication No. C -24896 and relative to the support of the Greenway Neighborhood over the past two (2) years. He stated that Chesapeake was donating $30,000.00 for improvements to Delga Park and urged the Council to approve this item. (Council Member Jordan returned to his place at the dais.) Council Member Hicks expressed appreciation to the City of Fort Worth staff, TxDOT and the Tindall family for their hard work and support of the project and stated she was happy to see this project moving forward. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24896 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 25 of 27 4. M&C C-24897 - Authorize a Five-Year Tax Abatement Agreement with Spoon ndus s I c., r Property Located at 7 3 South Freewa y a ast Allen Avenue in the Evans and Rosedale Neighborhood Empower ent Zone. The recommendation was that the City Council Authorize the City Manager to Enter into a Five (5) Year Tax Abatement Agreement With Spoon Industries Inc., for the Property at 1703 South Freeway and 800 East Allen in the Evans and Rosedale Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Council Member Hicks expressed appreciation to the Housing and Economic Development Department staff and to Mr. Andre McEwing, with Southeast Fort Worth, Inc. for their support of this proj ect. Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24897 be approved with appreciation to the Housing and Economic Development Department and to Mr. Andre McEwing, with Southeast Fort Worth, Inc. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. 5. MSC C -24898 - Authorize Execution of a Contract in the Amount of $1,389,313.75 with Conatser Construction r Pavement Reconstruction and ater and Sa it ry Sewer Main Replacement on Portions of Caters Avenue, Osborne Lane, Ranson► Terrace and Plant Avenue and Adopt Appropriation r l a ce. The recommendation was that the City Council Authorize the Transfer of $410,570.47 From the Water and Sewer Fund to the Capital Projects Fund in the Amount of $221,799.55 and Sewer Capital Projects Fund in the Amount of $188,770.92; 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 Replacements on Portions of Capers Avenue, Osborne Lane, Ransom Terrace and Plant Avenue; and Authorize the City Manager to Execute a Contract With Conatser Construction TX, LP, in the Amount of $1,389,313.75 for the Reconstruction and Replacements. Council Member Moss advised of the particularly unsafe roadway conditions of Capers Avenue and Plant Avenue and stated that citizens had expressed concerns for the safety of children in the area relative to the drainage ditches. He stated that the roads had been on the list and were identified for repair and he was happy to be making progress in the area. He expressed appreciation to the Transportation and Public Works Department staff. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24898 be approved and Appropriation Ordinance No. 19676 -05 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 26 of 27 XVIL CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, completed a citizen presentation card and was recognized by Mayor Moncrief but was not present in the Council Chamber. Ms. Peggy Pichardo, 10501 Splitridge, appeared before Council regarding customer service issues in the Water Department when dealing with a faulty meter on her property which produced an overage on her water bill. She stated that she spoke to 18 employees in the Water Department and advised that all were rude and unhelpful. She stated that she contacted Assistant City Secretary Ron Gonzales, who provided prompt and respectful customer service and follow up and stated she was very grateful. She also advised that she requested that the faulty meter that was removed from her property not be destroyed, as it was evidence, should this issue could have gone to court. She pointed out that when she called the Water Department to follow up on this matter, she was told that the meter was destroyed. Mr. Andy Cronberg, Assistant Director, Water Department, appeared before Council and advised he was aware of the issue and stated Ms. Pichardo had received a refund and that action would be taken to ensure the customer service representatives in the department would receive additional training as appropriate. Mayor Moncrief requested a report be provided to Council detailing how this situation was resolved. Mr. Tony Abbs, 5016 Lincoln Oaks North #709, appeared before Council relative to an issue he addressed on February 8, 2011, with his daughter and a Police Officer at his daughter's school. He advised that the Officer had filed a false report and stated that he had filed a complaint with the Police Officer's supervisor and nothing had been done to remedy the situation. He stated that he had a witness and a signed statement saying that the police report was falsified, which he given to Police Chief Halstead and other appropriate Police Department staff. He stated that young African American men were being railroaded and unfairly targeted. Mayor Moncrief advised Mr. Abbs that this issue had been turned over to Police Department Internal Affairs Division. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 3, 2011 PAGE 27 of 27 XIX. ADJOURNMENT Mayor Moncrief encouraged everyone to be mindful of the freedom that all citizens have in this country. He also acknowledged the skills of the military and dedication of the government to protect the people. There being no further business the meeting was adjourned at 8:17 p.m. These minutes approved by the Fort Worth City Council on the 10th day of May, 2011. Attest: 1-k '-t— Marty HAndrix City Secretary