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HomeMy WebLinkAbout2010/04/27-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 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 Present Dale Fisseler, City Manager David Yett, City Attorney Ron Gonzales, Assistant 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 10:10 a.m. on Tuesday, April 27, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Reverend Cleveland Pimpt ®n, East Saint Paul Baptist Church The invocation was provided by Reverend Cleveland Pimpton, East Saint Paul Baptist Church. 1 W A < The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 20 2010 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino that the minutes of the regular meeting of April 20, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6, I Kc c Ic There were no items withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 2 of 11 '• . 1 1 " '• City Manager Fisseler requested that Mayor and Council Communication No. G -16901 be withdrawn and replaced with G -16901 (Revised). VII. CONSENT AGENDA Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -16904 - Adopting Supplemental Appropriation Ordinance No. 19123 -04 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $25,000.00, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, For Prosecution of the City's Lawsuit Entitled City of Fort Worth v. D.R. Horton- Texas, Ltd., and Site Concrete, Inc; and Adopting Resolution No. 3878 -04 -2010 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for Assisting the City with Legal Issues Regarding the Lawsuit Styled, City of Fort Worth v. D.R. Horton -Texas Ltd. and Site Concrete, Inc., Cause No. 017 - 231717 -08 by $25,000.00. 2. M &C G -16905 - Adopting Resolution No. 3879 -04 -2010 Increasing the Maximum Amount to be Paid to Professional Services Industries, Inc., for Expert Witness Services Regarding Premature Street Failures in an Amount Not to Exceed $405,000.00; and Adopting Supplemental Appropriation Ordinance No. 19124 -04 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $80,000.00, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for Geotechnical and Expert Witness Services Regarding Premature Street Failures. 3. M &C G -16906 - Authorizing the Temporary Road Closures of Ridgetop Road from Haslet Roanoke Road to Lazy River Ranch Road and Haslet Roanoke Road from Horseshoe Canyon Road to Ridgetop Road from April 28, 2010, to August 21, 2010, to Facilitate Road Reconstruction. Mr. Mehran Aghili, completed a speaker card in support of Mayor and Council Communication No. G- 16909, but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 3 of 11 (VII. CONSENT AGENDA Continued) 4. M &C G -16907 - Adopting Ordinance No. 19125 -04 -2010 Appointing Stephanie J. Beamer, Andrew T. Bradshaw, Simon C. Gonzalez, Terry D. Lewis, Ninfa L. Mares, R. Neel McDonald, Sharon Newman - Stanfield, Jo Ann Reyes, James D. Rodgers, Nancy E. Strickland, and Steven C. Williamson as Municipal Judges For a Two (2) Year Term Commencing April 1, 2010, and Ending March 31, 2012, or Until a Successor is Qualified and Appointed in Accordance with State Law, Designating Ninfa L. Mares as Chief Judge and Steven C. Williamson as Deputy Chief Judge. 5. M &C G -16908 - Adopting Ordinance No. 19126 -04 -2010 Reappointing Charles F. Berger, Raul A. Canez, Kim Marie Catalano, Ann Y. Collins, Mary Beth Doran, Faye R. Harden, Kathryn T. Hoang, Carla G. Kelman, Nancy A. Magee, Nemuel E. Pettie, Patricia L. Summers, Edward B. Valverde, and Lisa J. Voight as Substitute Municipal Judges for a One (1) Year Term Commencing April 1, 2010, and Ending March 31, 2011, or Until a Successor is Qualified and Appointed in Accordance with State Law. E. Award of Contract - Consent Items 1. M &C C -24189 - Authorizing the City Manager to Execute the Renewal of an Interlocal Agreement with Wise County Concerning the Regulation of Subdivisions and Approval of Related Permits in the City of Fort Worth's Extraterritorial Jurisdiction. 2. M &C C -24190 - Authorizing the City Manager to Enter into a Five (5) Year Tax Abatement Agreement with Casement Homes, LLC, for the Property Located at 1728 Lipscomb Street, Described as Block E, Lot 8, Bellevue Hill Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, in the Magnolia Village Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. 3. M &C C -24191 - Authorizing an Increase in the Estimated Expenditures for the Professional Services Agreement, City Secretary Contract No. 37063, with Orchard Cellmark Forensics for the Fort Worth Police Department from the Estimated $111,650.00 to an Amount Not to Exceed $141,000.00; and Authorizing a Funding Level Increase to $141,000.00 for the Subsequent Four (4) Option Years. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1768 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 4 of 11 IX. SPECIAL PRESENTATIONS, , There were no special presentations or introductions. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Uocomin2 and ece t Events Council Member Zimmerman announced the Grand Opening of the Art Institute would be held on April 28, 2010, 3:00 p.m. to 6:00 p.m., located at 7000 Calmont Avenue, in the old Green Oaks Inn, and encouraged everyone to attend the event. He also announced that the City of Fort Worth and Pet Smart Charities would open the new Pet - Adoption Center and Shelter, at the PetSmart Store, located at 4800 Loop 820, on Saturday, May 1, 2010, at 10:00 a.m. to noon. He encouraged everyone to join the Code Compliance Department, PetSmart Charities, PetSmart Store and community leaders as they celebrated the unique, collaborative effort to save the lives of homeless pets. Council Member Jordan expressed appreciation to everyone who attended the Crime Prevention Fair hosted by the Police Department and members of the Neighborhood Police Office of the South Division on April 24, 2010. He stated the event was a great success and a great family day. Council Member Burdette announced the grand opening of the Western Heritage Parking Garage at Will Rogers Memorial Complex would be held on April 28, 2010, at 10:30 a.m. at Gendy Street between West Lancaster Avenue and Harley Street in the Cultural District. He invited everyone to attend the ribbon cutting ceremony followed by refreshments and added that the parking garage would accommodate 1,100 vehicles and would alleviate some of the parking issues. He pointed out that the parking garage would also feature tile frescos of cowboys and cowgirls from the early 1900's. Council Member Hicks expressed appreciation to all of the volunteers and everyone who attended Prairie Fest and stated the event was a great success and was well attended. Council Member Zimmerman also announced that the Naval Air Station Joint Reserve Base in Fort Worth held its annual two (2) day expo on April 24 and 25, 2010. He stated the event was a great success and reminded everyone of the importance of the Base to the City. Council Member Burns announced that Mayfest would be held starting on April 29, 2010, through May 2, 2010. He advised that Mayfest was a premier family festival which was held every year at the beginning of May. He stated the event celebrated the nationally recognized Trinity Park and the Trinity River. He further stated that the purpose of the event was to raise funds for the community and for the continued improvements to the park and the Trinity River. He pointed out that all profits from Mayfest, nearly six (6) million to date, have been returned to the community. 2. Recognition of Citizens There were no citizens recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 5 of It XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. 5i 1 11 i I 15i 11111 1 lai 1 iniiin 1 11 11] 111 1 1111101 There were no presentations and/or communications from boards commissions and/or City Council committees. XIII. REPORT OF THE CITY MANAGER B. General Purchase Additional Spare Parts as Needed for RePairs-to Sirens Resultmgjrqm_ Causes Nature or Vandalism and for Siren Maintenance Costs. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16901 (Revised) be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 6 of It (G-16909 Continued) Motion: Council Member Bums made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16909 be approved and Appropriation Ordinance No. 19127-04-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. N. ........... Incre ons in the Special Trust Fund Sul� i�t to Receipt of a Donation for the Fire Safely Education Trust. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16910 be approved with appreciation and Appropriation Ordinance No. 19128-04-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. ...... amman Fort Worth Fire Station Nos. 7, 26 and 31. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16911 be approved with appreciation and Appropriation Ordinance No. 19129-04-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief advised that Mayor and Council Communication No. G-16912 would be passed over and considered after Mayor and Council Communication No. C-24194. D. Land CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 7 of 11 (L -14948 Continued ) Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -14948 be continued until the May 18, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. .......... .......... ......... ......... .......... Drive Right-of-Way Located at the Intersection of Northside Resources, Inc., for a Two (2) Year Primary Term. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L -14972 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) F. Award of Contract Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24192 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Hicks left her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 8 of 11 Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24193 be approved and Appropriation Ordinance No. 19130 -04 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and with Council Member Hicks absent. (Council Members Hicks and Jordan returned to their places at the dais.) Operations for the Fort Worth Zoo. Council Member Burns advised he would continue this item until the May 4, 2010, Council Meeting to allow for the residents surrounding the Zoo property to review and comment on the renewal agreement. He highlighted some areas of the agreement, and stated the boundary limits of the Zoo and the surrounding green space would remain the same; paving of the archery range had been removed from the agreement and would not be allowed; as well as, the expansion into the soccer fields; the restructuring of "Half Price Day "; and a possible endowment that would allow for a self sufficient Zoo in the future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 9 of 11 (C -24194 Continued) The following individuals appeared before Council in support of Mayor and Council Communication No. C -24194 and spoke regarding the renewal agreement and requested the item be delayed so the surrounding property owners could review and comment on the document. They stated their support of the Zoo and City parks and added that there were some citizen concerns that needed to be addressed. Mr. Christian Ellis, 1925 Dartmoor Court Mr. Charles Dreyfus, 2416 Park Place Mr. H.D. Biddle, 2215 Wilshire Boulevard, completed a speaker card in support of Mayor and Council Communication No. C- 24194, but did not wish to address the Council. The following individuals appeared before Council in opposition to Mayor and Council Communication No. C -24194 and spoke regarding their support of the Zoo and City parks and requested the item be delayed so the surrounding property owners could review and comment on the renewal agreement. They also requested that a provision be added to cap the salary of the Executive Director of the Zoo and provided tax documents detailing earnings from previous years. They further requested that the Council review the taxes that were being charged to the taxpayers and determine ways that they could be lowered. Ms. Debra Nyul, 2012 Wilshire Boulevard Ms. Beverly Branham, 6487 Woodstock Road Council Member Burns reiterated his support for the public and private partnership with the Zoological Association management and advised the neighborhood associations surrounding the Zoo would be receiving information in the near future regarding review of the agreement. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24194 be continued until the May 4, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief advised that they would move back up the agenda and consider Mayor and Council Communication No. G- 16912. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 10 of 11 (G -16912 Continued) Mr. James Mauldin, City Treasurer, provided a brief history of how the competitive bids were accepted by the City and stated that they were received until 10:00 a.m. on April 27, 2010. He advised that the winning bidder was Citigroup, with a true interest rate of 2.451669 percent. He added that with the proposed refunding, the City was anticipating average annual savings of $1.2 million for the years 2011 through 2020 resulting in a total savings of $12.2 million, or 9.8 percent of the refunded principal amount. Council Member Jordan advised that he had a normal banking relationship with Citigroup and it did not pose a conflict of interest. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G -16912 be approved and Appropriation Ordinance No. 19131 -04 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. CITIZEN PRESENTATIONS 1. Joe Don Brandon, P. O. Box 1155, Downtown Fort Worth, Hells Half Acre Mayor Moncrief advised that Mr. Joe Don Brandon would not attend the meeting. Ms. Mary Ellen Blakemore, 1306 Illinois Avenue, appeared before Council and spoke regarding street lights that were burned out in her neighborhood, as well as, inadequate lighting and requested more street lights be added in the area. She also spoke regarding high grass and weeds on City lots and wooden posts that were rotten and in need of replacement. Mayor Moncrief referred to Ms. Blakemore to Mr. Fernando Costa, Assistant City Manager, for resolution. Ms. Linda Fisher, 1064 East Magnolia Avenue, appeared before Council and spoke regarding an abandoned and dilapidated property at 1068 East Magnolia. She displayed numerous photographs of the property and surrounding properties and advised that the structure had been in disrepair for many years and requested the City demolish the structure. Mayor Moncrief referred Ms. Fisher to Mr. Brandon Bennett, Code Compliance Director, for resolution. Council Member Hicks advised that the City was waiting on federal funding to remove the structure and was working as quickly as possible to remedy the situation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 27, 2010 PAGE 11 of 11 (XIV. CITIZEN PRESENTATIONS Continued) The following individuals appeared before Council and spoke regarding the proposed gas well near Westridge and Bryant Irvin. They stated that Chesapeake was providing inaccurate and deceptive information to area residents regarding the gas well and waivers. They requested that Council review and verify all waivers that were received as some might not be legitimate. They further stated that the property in question was surrounded by residences and requested the Council deny any requests for drilling in the area. Ms. Laura Reeves, 6115 Portrush Drive Ms. Bobbie McCurdy, 3817 Birkdale Drive Mayor Moncrief referred the residents to Ms. Susan Alanis, Planning and Development Director, for resolution. XVI. ADJOURNMENT There being no further business, the meeting was adjourned at 11:05 a.m. These minutes approved by the Fort Worth City Council on the 4th day of May, 2010. Attest: Marty He lrix City Secretary Approved: