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HomeMy WebLinkAbout2011/05/24-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 Present: Mayor Mike Moncrief Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 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: Mayor Pro tem Daniel Scarth, District 4 Council Member Frank Moss, District 5 Staff Present: Tom Higgins, Interim City Manager Sarah Fullenwider, 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 10:07 a.m., on Tuesday, May 24, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Scarth and Council Member Moss absent. II. INVOCATION - Senior Pastor Harold Bullock, Hope Church The invocation was provided by Senior Pastor Harold Bullock, Hope Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 17 2a11 Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of May 17, 2011, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 2 of 18 City Secretary Marty Hendrix advised the Council that they had been provided with the certifications and tabulations of the official election returns from Tarrant, Denton and Parker Counties of the General Election held on Saturday, May 14, 2011, for the purpose of electing the Mayor At -Large and eight (8) Council Members for their respective single member districts of 2, 3, 4, 5, 6, 7, 8 and 9 of the City of Fort Worth, Texas. She stated that the certified returns for such election reported were as follows: Mayor Total Cathy Hirt 7,200 Nicholas Zebrun 257 Jim Lane 8,842 Dan Barrett 2,802 Betsy Price 14,588 Member of City Council District 2 Paul Rudisill 1,221 Salvador "Sal" Espino 2,128 Member of City Council District 3 W. B. "Zim" Zimmerman 5,064 Member of City Council District 4 Danny Scarth 2,263 Lupe Arriola 1,473 Member of City Council District 5 Frank Moss 1,646 Charles Hibbler 209 Rickie Clark 619 Member of City Council District 6 Jungus Jordan 3,318 Tolli Thomas 1,944 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 3 of 18 (V. CERTIFICATION OF OFFICIAL ELECTION RETURNS BY THE CITY SECRETARY Continued) Member of City Council District 7 Total Jack Earnest 764 Lee Henderson 709 Dennis Shingleton 2,473 Jonathan Horton 382 Jon Perry 1,088 Member of City Council District 8 Kathleen Hicks 1,809 Member of City Council District 9 Joel Burns 2,475 She added that as a result of the tabulations the following persons were declared elected to the City Council: Council — District 2 Council — District 3 Council — District 4 Council — District 5 Council — District 6 Council — District 8 Council — District 9 Salvador "Sal" Espino W. B. "Zim" Zimmerman Danny Scarth Frank Moss Jungus Jordan Kathleen Hicks Joel Burns City Secretary Hendrix advised that the City Council further find no candidate received a majority of the total number of votes received by all candidates for the office of Mayor or City Council District 7 and that no candidate be declared to the office of Mayor or City Council District 7. Therefore, in accordance with Chapter IV, Section 2, of the City of Fort Worth Home Rule Charter, a runoff election was hereby declared necessary to fill the office of Mayor and City Council District 7 and the runoff election would be ordered by separate action of the Council. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, acknowledging the receipt of the Certification of Official Election Returns and direct that they be filed of record in the City's Election Register. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 4 of 18 (V. CERTIFICATION OF OFFICIAL ELECTION RETURNS BY THE CITY SECRETARY Continued) Mayor Moncrief stated that the Council Members provided outstanding service to the City and he was honored to be a part of the team. He advised that time would be allotted for comments at the June 7, 2011, Council Meeting, when the Council Members -Elect received their Oaths of Office. VI. RESOLUTION I Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3987 -05 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. VII. PRESENTATION OF CERTIFICATES OF ELECTION Mayor Moncrief presented Certificates of Election to: Council Member Salvador Espino, District 2; W.B. "Zim" Zimmerman, District 3; Council Member Jungus Jordan, District 6; Council Member Kathleen Hicks, District 8 and Council Member Joel Burns, District 9. He stated that the Certificates of Election would be delivered to Mayor Pro tem Scarth and Council Member Moss, who were absent. VIII. ORDINANCES 1 District Citv Council Member for Ciq Council City Secretary Marty Hendrix stated the two (2) candidates that would participate in the Runoff Election and that received the highest number of votes for Mayor were, Mr. Jim Lane and Ms. Betsy Price. She also stated that the two candidates that would participate in the Runoff Election and that received the highest number of votes for Council Member, District 7, were Mr. Dennis Shingleton and Mr. Jon Perry. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Ordinance No. 19692 -05 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 5 of 18 ...................... MMMMIMWIJI T "he r e for the Salp,..K?�pcption and Detiyp�ry Subiect to Certain Parameters; and Providing Other Terms, Provisions and Covenants wit Respect Thereto. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Ordinance No. 19693-05-2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. ........ ....................... Security Thereforei Providini, for the Sale, E ecution and Delivery Thereof Sub*ect to Certain AA WIIQXMIJIM���'N" Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Ordinance No. 19694-05-2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. m"111 MIME... Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Ordinance No. 19695-05-2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. There were no items to be withdrawn from the Consent Agenda. .................................................................................. Interim City Manager Higgins requested that Mayor and Council Communication No. G-17281 be continued until the June 7, 2011, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 6 of 18 XI. CONSENT AGENDA Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that the Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. A. General - Consent Items 1. M &C G -17278 - Adopt a Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., to Assist the City with Legal Matters Concerning Premature Street Failures in an Additional Sum of $66,000.00 and Adopt Supplemental Appropriation Ordinance and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of the General Fund by the Same Amount. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19696 -05 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $66,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding Assistance With Legal Matters Concerning Premature Street Failures; Authorize the City Manager to Adopt Resolution No. 3988 -05 -2011 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle and Sawyer, L.L.P., for Assisting the City With Legal Matters Concerning the Water Department and Transportation and Public Works contracts and Litigation With an Additional Sum of $66,000.00. 2. M &C G -17279 - Adopt Ordinance Amending Section 7 -402, Fees, of the Fort Worth City Code to Increase Rental Registration Fees. The City Council approved the following recommendation: Adopt Ordinance No. 19697 -05 -2011 Amending Section 7 -402, "Fees" of the Code of the City of Fort Worth, Texas, to Increase Annual Fees for Rental Registration From Twenty -Four Dollars ($24.00) to Twenty -Five Dollars ($25.00) for a First Dwelling Unit and From Eight Dollars ($8.00) to Ten Dollars ($10.00) for Each Additional Dwelling Unit. B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11236 - Authorize a Purchase Agreement with North Texas Hydromulching & Services, L.L.C., for Grass Seed and Sod for the City of Fort Worth for an Amount of $409,200.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement With North Texas Hydromulching & Services, L.L.C., for Grass Seed and Sod for the City of Fort Worth for an Amount of $409,200.00 for the First Year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 7 of 18 (XI. CONSENT AGENDA Continued) 2. M &C P -11237 - Authorize a Sole- Source Purchase of Instruments, Software and Services from Applied Biosystems, L.L.C., for the Police Department, Forensic Division, for a Total Amount of $440,965.67. The City Council approved the following recommendation: Authorize a Sole- Source Purchase of Instruments, Software and Services From Applied Biosystems, L.L.C., for the Police Department, Forensic Division, for a Total Amount of $440,965.67. 3. M &C P -11238 - Authorize a Purchase Agreement with The Paper Plate, Inc., to Provide Meals for the Parks and Community Services Department's Summer Food Service Program for an Annual Amount of $525,000.00 from Federal Grant Funds for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement With the Paper Plate, Inc., to Provide Breakfast, Lunch and Snack Meals for the Parks and Community Services Department's Summer Food Service Program for an Annual Amount of $525,000.00 From Federal Grant Funds for the First Year. 4. M &C P -11239 - Authorize the Purchase of a Sewer Truck from Southwest International Trucks, Inc., Using a Texas Association of School Boards Cooperative Contract for the Water Department for a Total Amount of $253,851.00. The City Council approved the following recommendation: Authorize the Purchase of a Sewer Truck From Southwest International Trucks, Inc., Using the Texas Association of School Boards Contract No. 358 -10 for the Water Department for a Total Amount of $253,851.00. C. Land - Consent Items 1. M &C L -15192 - Authorize Settlement of Lawsuit Entitled City of Fort Worth v. Near Southeast Community Development Corporation, Inc., Cause No. 236 - 245377 -10, Authorize Execution of a Settlement Agreement, Acceptance of Thirty Properties and Payment of Up to $15,000.00 in Closing Costs and Dedication of 1000 Park Manor Drive as Parkland. The City Council approved the following recommendation: Authorize the Settlement of the Lawsuit Entitled City of Fort Worth v. Near Southeast Community Development Corporation, Inc., Cause No. 236- 245377 -10 and the Execution of a Settlement Agreement; Authorize the Acceptance of 30 Parcels of Real Property Located at East Humbolt, East Leuda, East Cannon, Verbena, East Pulaski, East Terrell, Evans and Park Manor Drive in Settlement of the Lawsuit Including the Acceptance and Recording of Appropriate Instruments for the Real Property; Authorize the Payment of Up to $15,000.00 for the Payment of Closing Costs and Expenses for the Transfer of the Properties; and Dedicate 1000 Park Manor Drive as Parkland Upon its Conveyance to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 8 of 18 (XI. CONSENT AGENDA Continued) D. Planning & Zoning - Consent Items 1. M &C PZ -2937 - Adopt an Ordinance Vacating a Portion of Harris Parkway South of the Intersection of Harris Parkway and Dutch Branch Road. The City Council approved the following recommendation: Adopt Ordinance No. 19698 -05 -2011 Vacating and Extinguishing a Portion of Harris Parkway Situated in the John F. Heath Survey, Abstract Number 641, City of Fort Worth, Tarrant County, Texas and Located South of the Intersection of Harris Parkway and Dutch Branch Road; Containing Approximately 24,134 Square Feet or 0.5540 Acre of Land; Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain all Existing Utilities Easements; Waive any and all Purchase Fee Value of the Vacated Land Since Commensurate Right -of -Way Has Been Received; and Authorizing the City Manager to Execute the Conveyance of the Right of Way. 2. M &C PZ -2938 - Adopt an Ordinance Vacating Two Alleys in Block 7, Southside Addition, Adjacent to the Intersection of Hemphill Street and West Seminary Drive. The City Council approved the following recommendation: Adopt Ordinance No. 19699 -05 -2011 Vacating and Extinguishing Two (2) Alleys in the E.P. Parris Survey, Abstract No. 1222, Being in Block Seven (7) of the South Side Addition, an Addition to the City of Fort Worth, Located Adjacent to the Intersection of Hemphill Street and West Seminary Drive; Containing Approximately 8,929 Square Feet of Land; Providing for Reversion of Fee in Said Land; the Retainment of Existing Utility Easements; and Waive any and all Purchase Fee Value of the Vacated land in Accordance With City Policy, Mayor and Council Communication Number G- 15624. E. Award of Contract - Consent Items 1. M &C C -24916 - Approval of Community Facilities Agreement with A -S 104 Timberland Town Center, L.P., for Construction of Water and Sewer Improvements to Serve The Shops at Timberland with City Participation for the Water and Sewer Improvements in the Amount of $30,995.39. The City Council approved the following recommendation: Authorize the City Manager to Execute a Community Facilities Agreement With A -S 104 Timberland Town Center, L.P., for the Installation of Water and Sanitary Sewer Services to Serve the Shops at Timberland, a Development Located in Fort Worth With City Participation for the Water and Sewer Improvements in the Amount of $30,995.39. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 9 of 18 (XI. CONSENT AGENDA Continued) 2. M &C C -24917 - Authorize a Final Design and Commission Contract with Artist Mike Mandel for Seven Large -Scale Tile Murals for the Will Rogers Multi- Purpose Equestrian Facility on W.R. Watt Drive, Fort Worth, Texas, in the Amount of $246,382.00. The City Council approved the following recommendation: Authorize the City Manager Execute a Final Design and Commission Contract With Artist Mike Mandel for Final Design, Fabrication, Delivery and Installation of Public Artwork for the Will Rogers Multi Purpose Equestrian Facility in the Amount of $246,382.00. 3. M &C C -24918 - Authorize Execution of a Professional Services Agreement with Garver, LLC, in the Amount of $99,500.00 for Small Engineering Projects on an As- Needed Basis for the Aviation Department. The City Council approved the following recommendation: Authorize the City Manager to Execute a Professional Services Agreement With Garver, LLC, for a Total Fee Not to Exceed $99,500.00 Over the Five (5) Year Period of the Agreement for Small Engineering Projects on an As- Needed Basis for the Aviation Department. 4. M &C C -24919 - Authorize a License Agreement with Fort Worth Symphony Orchestra Association for Use of the Fort Worth Botanic Garden for the Concerts in the Garden Series. The City Council approved the following recommendation: Authorize the City Manager to Execute a License Agreement With the Fort Worth Symphony Orchestra Association for the Annual Concerts in the Garden Series Held at the Fort Worth Botanic Garden. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1815 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. XIIL SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC 1. Presentation of Proclamation for National Missin2 i re 's Dav Council Member Zimmerman presented the Proclamation for National Missing Children's Day to Ms. Terri Peaks, Board Member, National Center for Missing and Exploited Children (NCMEC), Texas Regional Office Advisory Board. He stated that every year, nearly 800,000 children were reported missing to law enforcement and while the vast majority of these children were quickly recovered, there CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 10 of 18 (XIII. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #1 Continued) were many who never returned home. He further stated that in an effort to further engage communities on these issues, NCMEC launched the Take 25 campaign, a national grassroots initiative encouraging parents, guardians and others to take 25 minutes out of their day to talk to children about safety. He pointed out that with a focus on prevention, Take 25 provided communities with free safety resources including safety tips, conversation starters and child identification kits. He advised that the success of Take 25 was largely due to the support of the local, state and national partners including the Parent Teacher Association, the Council for Exceptional Children and the United States Secret Service, and he added in 2011, NCMEC would again join forces with these organizations to help provide even more families with the tools and resources necessary to help keep children safe. Ms. Peaks expressed appreciation to the Mayor and Council Members for the Proclamation and reminded everyone that May 25, 2011, was National Missing and Exploited Children Day. Council Member Burdette announced that the Botanical Research Institute of Texas (BRIT) Grand Opening was held on May 21, 2011, and encouraged everyone to visit the facility and discover how BRIT shared knowledge about the plant world and enhanced life for all living things. Council Member Burns announced that the Crowne Plaza Invitational at the Colonial Country Club was held May 16 through 21, 2011, and was an extremely successful event. He announced that next year the golf tournament would be held during the Memorial Day holiday weekend which would help attract the participation of many more professional golfers. He also announced that the Berkley Neighborhood Association State of the District Address would be held on May 26, 2011, at 7:00 p.m. at the 2nd Church of Christ Scientist, located at 2112 Forest Park Boulevard. He also announced that a meeting regarding the future of Rosemont Park would be held on May 31, 2011, at Rosemont Middle School. He further announced that a celebration of the South Hemphill Heights Neighborhood Association, 22 years old, and their Code Blue Program, 20 years old, would be held on May 31, 2011, at 7:00 p.m. at Old Fire Station Number 10, located at 2804 Lipscomb Street. He also advised that Dr. Melody Johnson, Fort Worth Independent School District (FWISD) Superintendent had recently announced her resignation. He stated that he appreciated her work on the anti - bullying campaign and wished her well in the future. Council Member Zimmerman announced that the Crowne Plaza Invitational at Colonial was a spectacular event and pointed out that although there were a number of new golfers playing the tournament, that veteran David Toms was the winner. He also reminded everyone to mark their calendars for the tournament next year over Memorial Day holiday weekend. Mayor Moncrief announced that Council Member Zimmerman was retiring after 24 years as the head of the volunteer Marshals at the Colonial golf tournament. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 11 of 18 (XIV. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) Council Member Hicks expressed appreciation to Dr. Melody Johnson for her work and service with FWISD and stated she would be missed in the community. Mayor Moncrief also expressed appreciation to Dr. Melody Johnson for her work and service with FWISD and stated he strongly supported searching nationally for a replacement. He wished Dr. Johnson success in the future. He also stated that he and his wife Rosie were the unofficial ambassadors at the Crowne Plaza Invitational at Colonial and stated there was national and international recognition. He also stated that the Crowne Plaza Invitational at Colonial was not just about golf and advised that the Fort Worth Fire Department's pink fire truck was present at the event and the Fire Fighters were selling breast cancer awareness t- shirts. He stated that Crowne Plaza had signed a contract to participate for four (4) years which would bring millions of dollars to the area and charities. Council Member Jordan expressed appreciation to Dr. Melody Johnson for her leadership in the community and stated she had played an important role in both FWISD and the City. He also reminded everyone to remember on Memorial Day, the men and women who had given their lives to protect our freedom. 2. BgL2gnition of Citizens There were no citizens recognized at this time. XV. PRESENTATIONS BY THE CITY COUNCIL There were no changes in membership on boards and commissions. There were no presentations and /or communications from boards, commissions and /or City Council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 12 of 18 XVIL REPORT OF THE CITY MANAGER B. General 1, Counly, Texas and Payment of $141,500.00. The recommendation was that the City Council Approve the Settlement of all Claims Arising From Spirit of Prayer's Lawsuit Against the City of Fort Worth; Authorize Payment of $141,500.00 to Spirit of Prayer and Economic Development Corporation; and Authorize Appropriate City Personnel to Execute any Release Agreement Necessary to Complete the Settlement. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -17280 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. 2. 72 - Approve e Golf Enterpr ise 's Fiscal Year 2011 Gas-Related Revenue Exr)enditure Plan in the Amount of $800,000.00 and Adopt Appropriation Or i a ce. It was the consensus of the City Council that Mayor and Council Communication No. G- 17281, Approve the Golf Enterprise Fund's Fiscal Year 2011 Gas - Related Revenue Expenditure Plan; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Golf Gas Lease Capital Project Fund in the Amount of $800,000.00, From Gas Related Revenues, for the Purpose of Funding the Golf Enterprise Fund's Capital Improvement Expenditure Plan for Fiscal Year 2011, be continued until the June 7, 2011, Council meeting. ...... ......... ........ 1 (PUBLIC A, The recommendation was that the City Council Hold a Public Hearing and Adopt an Ordinance Adopting the Standards of Care for 2011 for Youth Programs Offered by the Parks and Community Services Department. 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 24, 2011 PAGE 13 of 18 (G -17282 Continued) a. BgR2Lt of City Staff Ms. Sonia Singleton, Interim Assistant 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 Council Member Burns expressed appreciation to City staff for their hard work on this ordinance and for arming the Parks and Community Services Department staff with the tools they needed to identify best practices relative to bullying. He stated that the addition of the bullying provisions, which mirrored what the state legislature passed with HB 1942, underscored the importance of all levels of government implementing programs to make sure that children had a safe environment in which to play and learn and that adults understood how to identify and respond to bullying. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that the public hearing be closed, Mayor and Council Communication No. G -17282 be approved and Ordinance No. 19700 -05 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. C. Purchase of Equipment, Materials, and Services 1 mum Using a National Intergovernmental Purchase Alliance Cooperative Contract for a Total The recommendation was that the City Council Authorize the Purchase of Golf Turf Maintenance Equipment for the Parks and Community Services Department From Professional Turf Products, Limited Partnership, Using National Intergovernmental Purchasing Alliance (NIPA) Cooperative Contract No. 083004 for a Total Amount of $329,687.00; Authorize a Non - Interest Bearing Inter -Fund Loan From the General Fund to the Municipal Golf Fund for Interim Financing of the Purchase of the Maintenance Equipment Pending Issuance of Debt; and Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Municipal Golf Fund, From Available Funds, for the Purpose of Purchasing the Equipment. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 14 of 18 (P -11240 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P -11240 be approved and Supplemental Appropriation Ordinance No. 19701 -05 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. F. Award of Contract 1. M&C C-24920 - Authorize xec ti an err i e i e License Agreement it Texas Midstream Gas Services, LLC., in the Amount of $38,057.99 for a Natural Gas Pipeline Across Ci -Owned r er c ted at 7 Martin ter King Freewa3:, Fort Worth, Texas, Also as Trinitv River Levee. The recommendation was that the City Council Authorize Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services, LLC., in the Amount of $38,057.99 for a Natural Gas Pipeline Across City -Owned Property Located at 1701 Martin Luther King Freeway, Fort Worth, Texas, Also Known as Trinity River Levee, for a Term of 20 Years. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24920 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. 2. M&C C-24921 - Authorize t o Execution of an cr ac e t Agreement it C Larl yle /Cypress West 7th LP, for the Construction of a Parking Structure Over an Alley at 2853 Crockett Street Fort Worth, Texas. The recommendation was that the City Council Authorize the City Manager to Execute a Standard Encroachment Agreement With Carlyle /Cypress West 7th, LP, for the Construction of a Parking Structure Over an Alley at 2853 Crockett Street, Fort Worth, Texas. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24921 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 15 of 18 inittiliIii 111111:1: r 1 0 LW ............ .................. ............ ....................... Construction.. S�P1�0o�oion Documents in the Amount ..O.W4,700.00 Increasipg..ft. tal Contract Amount to $1,887,500.00. The recommendation was that the City Council Authorize the City Manager to Execute Amendment No. I in the Amount of $884,700.00 to the Professional Services Agreement With Kimley-Horn and Associates, Inc., for Revision of the City's Standard Construction Specification Documents for Use on City Projects. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24922 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 16 of 18 (C-24924 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24924 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and with Mayor Pro tem Scarth and Council Member Moss absent. 6. MSC C-24925 - Adopt a Resolution Authorizing Execution of a Funding Agreement with the Texas Dep art nt of Transportati n for the Lility Road Widening in the Amount $8,000,000.00, Authorize an Engineering Services Agreeme t with Halff Ass ciates, c., r esi i the Amount of $358,700.00, Approve the Transfer of $1,600,000.00 from the Street Improvement 2008 Fund to the Grant Capital Project Fund and Adopt Appropriatio Ordinance. The recommendation was that the City Council Adopt a Resolution Authorizing the Execution of a Local Project Advance Funding Agreement in the Amount of $8,000,000.00 With the Texas Department of Transportation for Preliminary Engineering, Right-of-Way, Utilities and Construction of Litsey Road Widening From Two (2) Lanes to Four (4) Lanes Divided From Independence Parkway to Cleveland- Gibbs Road as a Major Arterial; Approve the Transfer of $1,600,000.00 From the Street Improvement 2008 Fund to the Grant Capital Project Fund Towards the City's Match; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grant Capital Projects Fund in the Amount of $8,000,000.00, From Available Funds; and Authorize an Engineering Services Agreement in the Amount of $358,700.00 With Halff Associates, Inc., for the Project. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24925 be approved and Resolution No. 3989-05-2011 and Appropriation Ordinance No. 19703-05-2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 17 of 18 (C -24926 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24926 be approved and Supplemental Appropriation Ordinance No. 19704 -05 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Scarth and Council Member Moss absent. XVIII. CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council regarding feeding the homeless community. He advised that the City shelters and food pantries were providing out -of -date food to the homeless community. He displayed a jar of pickles and a bag of cookies that had been handed out at a shelter and advised that both products were expired and should not be consumed. He stated that federal funds were being wasted in the City relative to feeding the homeless. He also provided comparisons of how the homeless community was being treated the same way Jewish individuals were treated during World War II. Mr. Riley Cantrell, 2300 Sun Drop Court, appeared before Council and wished Mayor Moncrief good luck with his retirement. He also spoke about an incident with his neighbor relative to an assault with bodily injury and arrest that took place. He stated that his neighbor was threatening to kill him and he was unfairly detained. He displayed photographs of code violations in his neighborhood and of signage that was displayed in his front yard. XX. ADJOURNMENT There being no further business, the meeting was adjourned at 10:49 a.m. in memory of Mr. James Reed "Punkin" Dunaway who passed away at the age of 88 on May 22, 2011. Mr. Dunaway was a Fort Worth native and former employee of the City of Fort Worth. He was a long time member of St. Paul United Methodist Church and Fellowship Sunday School, Texas Society of Professional Surveyors, Texas Cattle Raisers Association, Masonic Lodge and other local and state associations. The meeting was also adjourned in memory of Mr. David Flores, age 60, who lost his battle with cancer on May 21, 2011. Mr. Flores was born on October 31, 1950, in Fort Worth to Elias P. and Guadalupe Flores. He graduated from Northside High School in 1969 and completed college at UTA and obtained a law degree from Washburn University in Topeka, Kansas. Mr. Flores maintained several law offices CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 24, 2011 PAGE 18 of 18 (XX. ADJOURNMENT Continued) in Fort Worth for many years and was very active in Fort Worth business circles and held many civic offices in Tarrant County. He was past President of the Hispanic Chamber of Commerce and also served on the Fort Worth Promotion and Development Board. Mayor Moncrief reminded everyone to keep the families and friends of Mr. Dunaway and Mr. Flores in their thoughts and prayers. These minutes approved by the Fort Worth City Council on the 7th day of June, 2011. Attest: n A ^ �v May Hen rix City Secretary