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HomeMy WebLinkAbout2010/05/11-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 Present 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 Joel Burns, District 9 Absent Mayor Mike Moncrief Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Pro tem Scarth called the regular session of the Fort Worth City Council to order at 7:03 p.m. on Tuesday, May 11, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Moncrief and Council Members Burdette and Hicks absent. w. 1 The invocation was provided by Stephen Bailey, Fortress Youth Development Center. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 4 2010 Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns that the minutes of the regular meeting of May 4, 2010, be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Burdette and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 2 of 13 1, There were no items withdrawn from the Consent Agenda. There were no items to be continued or withdrawn by Staff. VII. CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the Consent Agenda be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Burdette and Hicks absent. A. General - Consent Items 1. M &C G -16916 - Approving the Appointment of Robert Mohler of the Fort Worth City Plan Commission, to the Capital Improvements Advisory Committee for Transportation Impact Fees to Replace Outgoing Committee Member Robert Rouse. 2. M &C G -16917 - Authorizing the City Manager to Credit Tarrant County in an Amount Not to Exceed $550,000.00 for the Installation of a New Roof at the Thomas R. Windham Building, Located at 350 West Belknap Street, to Offset Street, Sidewalk and Parking Rental Fees Associated with the Construction of the New Tarrant County Jail. 3. M &C G -16918 - Authorizing the Direct Sale of Tax Foreclosed Property Located at 3900 East Rosedale Street, Described at Lot 2, Block 1, A.S. Hall Addition, in Accordance with Section 34.05 of the Texas Tax Code, to David Salgado for a Sales Price of $3,695.09; and Authorizing the City Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. C. Land - Consent Items 1. M &C L -14974 - Authorizing the Direct Sale of Tax Foreclosed Property Located at 3008 East Fourth Street, Described as West 45 Feet, Lot 3, Block 33, Riverside Addition, Fort Worth, Texas, to Montriz Coleman, in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $2,000.00; and Authorizing the City Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 3 of 13 (VII. CONSENT AGENDA Continued) 2. M &C L -14975 - Authorizing the Direct Sale of Tax Foreclosed Property Located at 6312 Elizabeth Road, Described as Lot 9111, Block 3, Handley Heights, South Addition, Fort Worth, Texas, to the City of Fort Worth, in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $3,741.85; and Authorizing the City Manager, or his Designee, to Execute and Record the Appropriate Instruments to Complete the Transfer of the Property. D. Planning & Zoning - Consent Items 1. M &C PZ -2883 - Authorizing the City Manager to Initiate Zoning Changes in Phase One (1) of the Polytechnic Heights Neighborhood, from "A -10" One - Family, "A -5" One - Family, `B" Two - Family, "D" High Density Multi - Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "I" Light Industrial, and "PD" Planned Developments 251, 397, 624, 751 to "A -10" One - Family, "A -7.5" One - Family, "A -5" One - Family, `B" Two - Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "MU -1" Low Intensity Mixed -Use, and "PD" Planned Development 751, in Accordance with the Comprehensive Plan. E. Award of Contract - Consent Items 1. M &C C -24206 - Authorizing the Acceptance of an Economic Development Initiative Special Project Grant in the Amount of $500,000.00 from the United States Department of Housing and Urban Development for the Trinity River Vision Central City Project; and Authorizing the City Manager to Execute a Grant Agreement with the United States Department of Housing and Urban Development Upon Award of the Grant; and Adopting Appropriation Ordinance No. 19138 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of the Grant for the Purpose of Providing Funding for the Trinity River Vision Project; and Authorizing the City Manager to Execute an Interlocal Agreement with the Tarrant Regional Water District as the Sub - Grantee, in an Amount Not to Exceed $500,000.00 Contingent Upon Receipt of the Grant. 2. M &C C -24207 - Authorizing the City Manager to Execute a Contract with the United States Equal Employment Opportunity Commission in an Amount Up to $80,750.00; and Adopting Appropriation Ordinance No. 19139 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $80,750.00, Subject to Receipt of a Reimbursement from the United States Equal Employment Opportunity Commission for Processing Employment Discrimination Cases. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 4 of 13 (VII. CONSENT AGENDA Continued) 3. M &C C -24208 - Recommending the Correction of Mayor and Council Communication No. C- 24136, Recommendation No. 1, Reducing the Total Local Project Advance Funding Agreement Amount by $3,918,731.00 from $25,018,041.00 to $21,099,310.00; Increasing the Non -Cash Texas Department of Transportation Share by $1,313,273.00 and Reducing the City 2004 Capital Improvement Program Share by $5,232,004.00; and Mayor and Council Communication No. C- 24136, Recommendation No, 2, Revising the Initial Payment Amount to the Texas Department of Transportation from $1,269,429.00 to Payment for 100 Percent of City's Participation in the Amount of $8,786,037.00 to the Texas Department of Transportation. 4. M &C C -24209 - Authorizing the City Manager to Execute an Engineering Services Agreement with Kimley -Horn and Associates, Inc., in the Amount of $78,000.00 for the Preparation of Plans, Specifications and Estimate for Traffic Calming Design in the Ryan Place Neighborhood. 5. M &C C -24210 - Authorizing the City Manager to Execute a Construction Contract in the Amount of $76,000.00 with Metroplex Handling Systems, Inc., to Replace the Windows at the South Holly Water Treatment Plant Located at 1500 Eleventh Avenue. 6. M &C C -24211 - Adopting Appropriation Ordinance No. 19140 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $209,000.00, and Reducing the Retained Earnings by the Same Amount, to Develop Requirements for a Work Order and Asset Management System for the Stormwater Utility; and Authorizing a Contract with Westin Engineering, Inc., for a Not to Exceed Amount of $209,000.00. 7. M &C C -24212 - Authorizing the City Manager to Execute Amendment No. 3 in the Amount of $600,400.00 to City Secretary Contract No. 33121, an Engineering Agreement with Halff Associates, Inc., for the Henderson Street Storm Drain Watershed Planning Study, Phase 5, Thereby Increasing the Total Contract Price to $1,659,540.00. 8. M &C C -24213 - Authorizing the City Manager to Execute an Environmental Use Agreement with the Texas Commission on Environmental Quality for the Installation of Two Groundwater Monitoring Wells on City Property Located at 4115 and 4117 West Vickery Boulevard. 9. M &C C -24214 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 38799 with the Texas Commission on Environmental Quality Extending the Contract Time Through August 31, 2011, and Increasing the Not to Exceed Amount from $410,500.00 to $778,127.23; and Adopting Appropriation Ordinance No. 19141 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $367,627.23, Subject to Receipt of an Executed Inter - Governmental Cooperative Reimbursement Agreement from the Texas Commission on Environmental Quality for the Operation and Maintenance of Local Air Pollution Monitors for Fiscal Year 2010 -2011; and Applying Indirect Cost at the Rate of 21.48 Percent in Accordance with the Terms of the Interlocal Agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 5 of 13 (VII. CONSENT AGENDA Continued) 10. M &C C -24215 - Authorizing the Use of Existing Revenue Derived from Gas Well Drilling on City -Owned Airports in the Amount of $297,875.00 for the Evaluation of Renovation or Replacement of the Terminal Building at Meacham International Airport; Adopting Appropriation Ordinance No. 19142 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Unspecified Section of the Airports Gas Lease Project Fund, from Available Funds, for the Purpose of Transferring Said Funds to the Project Terminal Renovation Section of the Airports Gas Lease Project Fund; Authorizing the Transfer of Revenue from the Airports Gas Lease Project Fund "Unspecified" to Project "Terminal Renovation;" Adopting Appropriation Ordinance 19143 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Project Terminal Renovation Section of the Airports Gas Lease Project Fund, from Available Funds for the Purpose of Funding the Evaluation of Renovation or Replacement of the Terminal Building at Meacham International Airport; and Authorizing the City Manager to Execute an Architectural Services Agreement with Hahnfield, Hoffer and Stanford in the Amount of $247,875.00 Plus Up to $13,200.00 for Reimbursable Expenses for the Programming and Schematic Design to Renovate the Terminal Building at Meacham International Airport and Allow Payment of $50,000.00 to Cover Architectural Services and Project Management Expenses for the Transportation and Public Works Department. 11. M &C C -24216 - Authorizing the City Manager to Execute a Contract with Red Oak Consulting, a Division of Malcom Pirnie, Inc., in an Amount Not to Exceed $74,725.00 to Conduct a Wholesale Wastewater Cost of Service and Rate Study for Fiscal Year 2011. 12. M &C C -24217 - Authorizing the City Manager to Execute Change Order No. 2 in the Amount of $44,200.00 to City Secretary Contract No. 38350 with S. J. Louis Construction of Texas, Ltd., for Southside III Forty -Two (42) Inch Water Transmission Main from the McCart Street Pump Station to the Existing Thirty -Six (36) Inch Water Main in the McPherson Boulevard/West Cleburne Road Intersection, Thereby Increasing the Contract Amount to $3,068,333.87. 13. M &C C -24218 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $188,873.00 to City Secretary Contract No. 37547 with Alan Plummer Associates, Inc., for the Design of the Village Creek Reclaimed Water Delivery System, Thereby Increasing the Contract Cost to $2,564,359.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 6 of 13 (VII. CONSENT AGENDA Continued) 14. M &C C -24219 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 29783 to Change the Engineering Firm Name from Wade & Associates, Inc., to C112M HILL, Inc., Per a Novation Agreement (City Secretary Contract No. 37615) and Increasing the Amount to be Paid by $95,352.00 for Main 134 Drainage Area Sanitary Sewer System Evaluation Study and Improvements Drainage Area Wastewater Collection System Evaluation Study Between Clear Fork, Trinity River, Seventh Street and Merrick Street, Thereby Increasing the Total Agreement Amount to $772,399.00. 15. M &C C -24220 - Authorizing the Transfer of 434,476.33 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $287,593.03 and Sewer Capital Projects Fund in the Amount of $146,883.40; Adopting Appropriation Ordinance No. 19144 -05 -2010 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 Sanitary Sewer Replacement Contract 2003, STM -A, on Chapin Road and Kirkwood Road; and Authorizing the City Manager to Execute a Contract in the Amount of $390,476.33 with Rodgers Construction Company. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1770 - Notice of Claims for Alleged Damages and /or Injuries 2.00S - 1771 - Liability Bonds Approval End of Consent Agenda. Mayor Pro tem Scarth moved down the agenda to Agenda Item XI. XI. PRESENTATIONS BY THE CITY COUNCIL i 1. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that Dr. Rajesh Gandhi be appointed to the Area Metropolitan Ambulance Authority effective May 11, 2010, with a term expiring May 10, 2013. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Burdette and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 7 of 13 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 8 of 13 (L -14976 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Moss that Mayor and Council Communication No. L -14976 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Burdette and Hicks absent. E. Planning & Zoning Mr. Barry Hudson, AICP, Dunaway Associates, 3012 Gunnison Trail, completed a speaker card in support of Mayor and Council Communication No. PZ -2884, but did not wish to address the Council. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns that Mayor and Council Communication No. PZ -2884 be approved and Ordinance No. 19145- 05 -2010 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Burdette and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 9 of 13 City Secretary Hendrix advised that the presentation of the Heart and Stroke Healthy City Award would be heard at this time. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,. 2. Presentation of the Heart and Stroke Healthv Citv ReK2ggi:tion Mr. Scott Hanlan, Assistant Director, Code Compliance Department, introduced Dr. Clyde Yancy, MD, FACC, FAHA, MACP. He stated that Dr. Yancy was representing the Texas Council on Cardio- Vascular Disease and Stroke and added that Dr. Yancy was the Medical Director for the Baylor Heart and Vascular Institute in Dallas. Mr. Hanlan also introduced Mr. Benzi George, Cultural Health Initiatives Specialist, American Heart Association and Ms. Glenda Redeemer, Chronic Disease Prevention Manager, Tarrant County Public Health Department. Dr. Yancy presented the Heart and Stroke Healthy City Award to the City and stated this award was the culmination of a group effort including several local organizations, including the City of Fort Worth. Mayor Pro tem Scarth accepted the award on behalf of the City and expressed appreciation for the award. He emphasized the importance of public health initiatives. City Secretary Hendrix advised that the Citizen Presentations would be heard at this time. XVI. CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and displayed a photograph of donations received for the Animal Control Center and encouraged everyone to donate and save the lives of pets. He also encouraged everyone to return any overdue materials to the library and pay any outstanding fines; and he also added that he would be making a monetary donation to the library. He referenced a court case from five (5) years ago involving harassment charges by a Police Officer and requested the City continue to investigate the case. Ms. Irma Jones, 4909 Wilmington Drive, appeared before Council in opposition to the Samaritan House project which was proposed on Vickery Boulevard at Horne Street (site of the current Vickery Motel). She stated the proposed project would have a negative impact on the community and children and was a place to house criminals. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 10 of 13 (XVI. CITIZEN PRESENTATIONS Continued) Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council in opposition to Mary's Creek as a proposed site for the wastewater treatment facility. She advised that Water Department staff had taken photographs of various homes with signage in opposition to this project and requested an explanation of why the photographs were taken. Mayor Pro tem Scarth referred Ms. Creswell to Mr. Frank Crumb, Director, Water Department, for an explanation. Ms. Judy Williams, 9815 Shady Lane, appeared before Council and spoke in opposition to proposed water treatment facility site numbers two (2) and four (4) and regarding the public meetings that were held relative to the proposed water treatment facility and the Mary's Creek location. She expressed appreciation to the Council for holding the public meeting in April and asked when the citizens would receive answers to the questions that had been submitted at the meeting. She requested a meeting with Mr. Crumb and /or City Manager Fisseler to answer citizen questions related to the public meeting. City Manager Fisseler advised he would assist Ms. Williams in setting a meeting with City staff. Mr. Doug Walker, representing Fellowship of the Parks, 9900 North Beach Street, completed a citizen presentation card and was recognized by Mayor Pro tem Scarth, but was not present in the Council Chamber. City Secretary Hendrix advised that the remaining agenda items would be passed over or rescheduled until the June 8, 2010, Council meeting. B. General 1. M &C G -16919 -Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $92,228.53, and Decreasing the Unreserved, Undesignated General Fund Balance by the Same Amount, for Payment to the United States Department of Housing and Urban Development for Audit Findings; and Confirm Payment Previously Made. This agenda item was passed over. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 11 of 13 3. M &C G -16921 - Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit on the Ederville Lease Located at 6990 Ederville Road Less Than 600 Feet from a Protected Use. (PUBLIC HEARING) City Secretary Hendrix advised that this agenda item was passed over and rescheduled for the June 8, 2010, Council meeting. F. Award of Contract 1. M &C C -24221 - Authorize the City Manager to Execute a Professional Services Agreement with Buford Goff and Associates, Inc., in an Amount Not to Exceed $512,000.00 to Develop a Master Plan for the Public Safety Radio System, Develop the Radio System Technical Architecture and to Negotiate New Radio System Costs. This agenda item was passed over. 2. M &C C -24222 - Authorize the City Manager to Execute a Contract with Cutler Repaving, Inc., in the Amount of $2,418,892.50 for 180 Calendar Days for Hot Mix Asphaltic Concrete Hot In -Place Recycling at Twenty -One (21) Locations. This agenda item was passed over. 3. M &C C -24223 - Authorize the Use of Revenue Derived from Gas Well Drilling on City - Owned Airports in the Amount of $199,497.00 for an Engineering Services Agreement with Garver, LLC, for the Design of Airside and Landside Improvements for the Cook Children's and Texas Jet Hangars at Fort Worth Meacham International Airport and Utility Coordination Expenses; Authorize the Transfer of Revenue from the Airports Gas Lease Project Fund "Unspecified" in the Amount of $89,127.00 to Project FTW CTJ Air Land Improvements- Design and $110,370.00 to Project FTW CTJ Air Land Improvements- Construction within the Airports Gas Lease Project Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Project FTW CTJ Air Land Improvements- Design Section and in the Project FTW CTJ Air Land Improvements- Construction Section of Airports Gas Lease Project Fund, from Available Funds; and Authorize the Correction of Mayor and Council Communication No. C -24193 to Authorize the City Manager to Execute an Engineering Services Agreement with Garver, LLC, (Instead of Garver Engineers, LLC) in the Amount of $199,497,497.00. This agenda item was passed over. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 12 of 13 4. M &C C -24224 - Authorize the City Manager to Execute an Agreement with Johnson County Special Utility District and Crowley Independent School District and the City for the Transfer of Part of the Water Certificate of Convenience and Necessity No. 10081 to the City to Serve the Crowley Independent School District; and Authorize the City Manager to Execute the Documents to be Filed with the Texas Commission on Environmental Quality for the Transfer of the Water Certificate of Convenience and Necessity to the City Held by Johnson County Special Utility District, in Order for the City to Provide Water Service to the Crowley Independent School District Agricultural Facility Located at 1800 Cleburne Crowley Road. This agenda item was passed over. XV. PUBLIC HEARING 1. First Public Hearing for Proposed City- Initiated Annexation of Approximately 144.3 Acres of Land in Tarrant County, Located South of Avondale - Haslet Road and East of Willow Springs Road. (AX -10 -002 Avondale - Haslet Road) City Secretary Hendrix advised that this agenda item was passed over and rescheduled for the June 8, 2010, Council meeting. 2. First Public Hearing for a Proposed City- Initiated Annexation of Approximately 152.4 Acres of Land in Tarrant County, Located South of W. J. Boaz Road and West of Old Decatur Road. (AX -10 -003 Old Decatur Road) City Secretary Hendrix advised that this agenda item was passed over and rescheduled for the June 8, 2010, Council meeting. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - CONTINUED 1. Presentation of the Walter Dansby Tower Achievement Award to Fort Worth Independent School District Students. This agenda item was passed over and rescheduled for the June 8, 2010, Council meeting. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events This agenda item was passed over. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 11, 2010 PAGE 13 of 13 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) 2. Recognition of Citizens This agenda item was passed over. XH. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards commissions and/or City Council committees. XVHI. ADJOURNMENT There being no further business, the meeting was adjourned at 7:29 p.m. These minutes approved by the Fort Worth City Council on the 18th day of May, 2010. Attest: Approved: Marty He rix Mich ae . Mo n City Secretary Mayor