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HomeMy WebLinkAbout2010/06/22-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 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 Marty Hendrix, City Secretary L 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 10:17 a.m. on Tuesday, June 22, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. H. INVOCATION m Pastor Oliver Hill, First Pilgrim Valley Dai)tist Church The invocation was provided by Pastor Oliver Hill, First Pilgrim Valley Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JUNE 15 2010 Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth that the minutes of the regular meeting of June 15, 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 The motion carried unanimously nine (9) ayes to zero (0) nays. 6, I Kc c Ic There were no items withdrawn from the Consent Agenda.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 JUNE 22, 2010 PAGE 2 of 27 City Manager Fisseler requested that Mayor and Council Communication No. G -16946 be continued until the July 27, 2010, Council meeting. VII. CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Council Member Moss, 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 -16962 - Adopting Ordinance No. 19192 -06 -2010 Amending Ordinance No. 17967, Adopted February 5, 2008, Establishing Unit Prices for City Participation in Certain Community Facilities Agreements. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11140 - Authorizing a Purchase from Affiliated Telephone, Inc., for a 911 Compatible Non - Emergency Telephone System for an Amount of $120,821.00, Using a Texas Department of Information Resources Contract No. DIR -SDD -289 and Using Recovery Act Edward Byrne Memorial Justice Assistance Grant Funds. 2. M &C P -11141 - Authorizing a Purchase of New Computer Equipment for the Northwest Branch Library from Dell Marketing, L.P., Using a Texas Department of Information Resources Contract No. DIR -SDD -890 for an Amount of $175,000.00. 3. M &C P -11142 - Authorizing a Sole Source Purchase of Inventory Tracking Equipment from SirsiDynix, Inc., for the Northwest Branch Library for an Amount of $210,000.00. 4. M &C P -11143 - Authorizing the Purchase of One (1) 600 - Kilowatt Generator to Provide Emergency Power to the Emergency Operations Center and the Zipper Building During Periods of Localized Power Outages from Cummins Power Generation, Inc., Using a General Services Administration Cooperative Contract with an Amount of $89,417.59 Paid From Homeland Security Grant Funds. C. Land - Consent Items 1. M &C L -14990 - Authorizing the Acquisition of 0.534 Acre of Land for a Permanent Sanitary Sewer Easement and 1.03 Acres for a Temporary Construction Easement Located at 9600 Wagley Robertson Road, Described as a Portion of Lot A, Fossil Park Estates Addition, in Northwest Fort Worth, Tarrant County, Texas, from FHP Partners, L.P., for the Amount of $55,691.00 and Pay the Estimated Closing Costs of $2,000.00; Finding that the Appraised Value of $55,691.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 3 of 27 (Consent Agenda Continued) 2. M &C L -14991 - Authorizing the Acceptance of a Dedication Deed from HC Property Arlington, LLC, at No Cost to the City of Fort Worth for 0.032 Acre of Land Located in the R.H. Calloway Survey, Abstract No. 337, Tract 6, Arlington, Tarrant County, Texas, for the Construction of the Village Creek Reclaimed Water Line and Salt Water Line Project; and Authorizing the City Manager, or his Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. 3. M &C L -14992 - Authorizing the Acquisition of 0.995 Acre of Land for Use as a Permanent Drainage Facility and Slope Easement Located Along Golden Triangle Boulevard, Described as a Portion of Tracts 1C, 1E, 1G, 1H, 1.1 and 1L, J. Billingsley Survey, Abstract No. 70, in North Fort Worth, Tarrant County, Texas, from Rex Glendenning; Finding that the Offer of $88,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments and Pay the Estimated Closing Costs of $4,000.00. 4. M &C L -14993 - Authorizing the Acquisition of 0.802 Acre of Land for Use as a Permanent Drainage Facility and Slope Easement Located Along Golden Triangle Boulevard, Described as a Portion of Tract 1B, J. Billingsley Survey, Abstract No. 70, in North Fort Worth, Tarrant County, Texas, from The Watson Family Limited Partnership; Finding that the Offer of $63,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments and Pay the Estimated Closing Costs of $3,000.00. E. Award of Contract - Consent Items 1. M &C C -24279 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $118,979.00 to City Secretary Contract No. 37036 with TranSystems Corporation, d /b /a TranSystems Corporation Consultants, for Design of Improvements for Phase II of the Police Auto Pound and Fleet Operations as Part of the Relocation Projects for the Trinity River Vision; Increasing the Contract Amount to $2,965,479.00; Authorizing the Transfer of $118,979.00 from the General Fund to the Specially Funded Capital Projects Fund; and Adopting Appropriation Ordinance No. 19193 -06 -2010 Increasing the Estimated Receipts and Appropriations in the Specially Funded Capital Projects Fund from Available Funds, for Engineering and Design Services for the Police Department Auto Pound and Fleet Services, Phase II Expansion and for Research, Field Survey and the Preparations of Legal Descriptions for Proposed Zoning Districts Within the Trinity Uptown Area. 2. M &C C -24280 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $157,789.00 to City Secretary Contract No. 35921 with James DeOtte Engineering, Inc., for Design of the Rolling Hills Storm Water Improvements Project, and Revising the Total Contract Amount to $205,905.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 4 of 27 (Consent Agenda Continued) 3. M &C C -24281 - Authorizing the City Manager to Execute a Construction Contract with Anchor Roofing Systems, Ltd., in the Amount of $121,100.00 to Repair the Roof of the Laboratory Building at the Rolling Hills Water Treatment Plant Located at 2600 Southeast Loop 820. 4. M &C C -24282 - Authorizing the City Manager to Apply for, Accept and Execute, if Awarded, a Grant from the North Central Texas Council of Governments (NCTCOG) for the Reimbursement of the Purchase and Installation of an Alternative Fuel Management System in the Amount of $35,147.00; Authorizing the Transfer of $35,147.00 from the Equipment Services Fund to the Grant Capital Projects Fund for the 50 Percent Required Match for the Grant; and Adopting Appropriation Ordinance No. 19194 -06 -2010 Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects Fund in the Amount of $70,294.00, Subject to Receipt of a Grant from the NCTCOG. 5. M &C C -24283 - Ratifying the Execution of an Agreement with the Texas Department of Public Safety for Enforcement of Federal Safety Regulations During Inspections of Commercial Motor Vehicles, Commercial Drivers and Cargo Within the City Limits; Ratifying All Expenditures Made and Revenues Collected Since June 1, 2010, as a Result of the City's Inspections; and Authorizing the City Manager to Renew the Agreement for Up to Two (2), Two (2) Year Terms. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1775 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,. 1. Presentation of Proclamation for Sister Citi es ay Council Member Scarth presented the Proclamation for Sister Cities Day to Mr. Phil Moroneso, Fort Worth International Sister Cities Board Chairman. He stated that since 1985 Fort Worth International Sister Cities had been the City of Fort Worth's protocol office, managing the international programs and relationships with its sister cities. He further stated that for 25 years Fort Worth International Sister Cities had united thousands of Fort Worth residents with the seven (7) sister cities promoting citizen diplomacy as a pathway to peace. He added that Fort Worth International Sister Cities would team with entities throughout Fort Worth to celebrate the 25th anniversary of its founding through cultural activities, music, dance, film, art, food, education, heritage and international exchanges. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 5 of 27 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Mr. Moroneso expressed appreciation to the Mayor and Council for the recognition and stated that Fort Worth International Sister Cities was pleased to help the City carry out international relations in a positive way for the past 25 years. He stated that the program was moving toward adding an eighth city in China in the near future. He invited everyone to participate in the 25th anniversary celebration which would begin on June 26, 2010. Mayor Moncrief expressed appreciation to the Fort Worth International Sister Cities Board of Directors for their service and dedication to an important program. He stated that he looked forward to hearing about the future plans for Fort Worth International Sister Cities and added that international relations were important to the City as the world grew smaller. Council Member Burdette requested that Mr. Moroneso advise the Council and audience of an award that the Fort Worth International Sister Cities program recently received. Mr. Moroneso explained that the Fort Worth International Sister Cities program was the recipient of the Sister Cities Award for Best Overall Program among cities with a population of 500,000 and greater, for the seventh time. He also advised that they received the Award for Innovation in Humanitarian Assistance, which was the result of a collaboration of organizations including: Angels at My Door, Samaritan House and the Downtown Rotary Club. Council Member Burns advised that Fort Worth International Sister Cities would hold a "Dancing with the Stars" style fundraiser in November 2010. 2. Presentation by Rayfield Wright Foundation Ms. Lea Scalf, Founder and Chair of the Annual Dog Days of Summer Golf Classic, appeared before Council and provided a brief history of the golf classic. She stated that during the dog days of summer, pets, especially shelter animals, suffered more than usual. She further stated that in order to help raise awareness about the issue and raise funds to support PetSmart Charities and the City of Fort Worth's joint adoption center, the Rayfield Wright Foundation was hosting the Fifth Annual Dog Days of Summer Golf Classic on July 17, 2010, at Bear Creek Golf Course. She advised that the proceeds would benefit the new one -of -a -kind public /private pet adoption center located inside the PetSmart Store at 4800 S.W. Loop 820. Ms. Jeanette DeVader, Director of Rayfield Wright Foundation and Co- Author of the autobiography entitled, Wright Up Front, introduced former offensive tackle and Dallas Cowboys Legend Mr. Rayfield "Big Cat" Wright. Mr. Wright invited everyone to attend the Dog Days of Summer Golf Classic on July 17, 2010, at the Bear Creek Golf Course. He encouraged the citizens and business owners to get involved and support pet adoption, and challenged other foundations and corporations to help him tackle this worthwhile cause. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 6 of 27 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Mayor Moncrief, Mayor Pro tem Scarth and Council Member Zimmerman expressed appreciation for the support of the program. They also referenced an article in the Fort Worth Star Telegram on June 21, 2010, entitled, "New Pet Adoption Center is Succeeding Beyond Hopes." They stated the partnership with PetSmart Charities was a tremendous success and would become a national model for other cities. They expressed appreciation to Mr. Wright for being the face and voice of pet adoption and added that high profile events such as the golf classic helped promote awareness and made a difference in the lives of pets, children and adults. 3. Presentation of Fort Worth D® Park Association Mr. Jason C.N. Smith, President of the Fort Worth Dog Park Association, provided the history of the Fort Worth Dog Park Association and presented a $2,000.00 check to the City Council to be used for the 2011 Fort Woof Dog Park budget in light of the City's budget shortfall. He also advised that the Fort Worth Dog Park Association pledged to raise $5,000.00 in donations to be allocated for waste bags and fertilizer for the park. He added that donations could be made to the Fort Woof Dog Park at www.fortwoof.org. Also, part of the presentation was the Mayor of Fort Woof Dog Park, Tsunami the Nominator and her handler. Mayor Pro tem Scarth expressed appreciation for the donation and the support of the Fort Woof Dog Park. 1. Uucomin2 and Recent Events Mayor Moncrief encouraged everyone to continue to support the Texas Christian University (TCU) Baseball team and Coach Jim Schlossnagle in the College World Series, which was currently underway in Omaha, Nebraska. He stated Fort Worth was proud of what Coach Schlossnagle and the team had accomplished this season and that reaching the College World Series was a first in the university's history. He also announced that the Council had received their 189th key to add to their glass jars and added that 189 people had been housed through the Directions Home Program. Council Member Hicks introduced District 8 Summer Intern Peyton Kemp, granddaughter of the late Jesse Kemp, Jr., and stated she received a full scholarship to George Washington University and would study International Relations. She announced that the District 8 Quarterly Meeting would be held at Texas Wesleyan University on June 25, 2010, and stated those interested could contact the District 8 Office at 817 - 392 -8808. She also announced that the Groundbreaking Ceremony for Fire Station No. 5, located at 850 Irma Street, would be held on July 15, 2010, at 9:00 a.m. and encouraged everyone to attend the ceremony. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 7 of 27 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) City Manager Fisseler announced that the next furlough day would be July 2, 2010, which was the day before the Fourth of July weekend. He stated that as a result of the furlough day and the holiday, some city services and programs would be unavailable on July 2, 2010, and July 5, 2010. He advised that Fire and Police emergency services would be available and added that residents could view full list of closures at www.FortWgAhGoy.org. He also advised that the City Council meetings scheduled for June 29, 2010, and July 6, 2010, had been cancelled and stated the next Council meeting would be held on July 13, 2010, at 7:00 p.m.. He also announced that an informational open house regarding the City budget would begin at 5:30 p.m. tonight in the City Hall Lower Level and the public input meeting would be held from 6:30 p.m. to 9:30 p.m. in the City Council Chamber Council Member Jordan expressed appreciation to the Council, staff, citizens, and business owners for their support of TCU. Council Member Espino announced that the Juneteenth Celebration hosted by the Far Greater Northside Historical Neighborhood Association was held on June 19, 2010, in north Fort Worth and was a well attended successful event. He also acknowledged the hard work of City staff for their organization of the Focus on North Fort Worth meetings which would focus on the area north of Loop 820 in the fastest growing area of the City. He expressed appreciation to Tarrant County College Corporate Services for the use of their facility for the meetings. Council Member Burns announced that the Renaissance Cultural Center had selected Council Member Moss as one of the recipients of the 17th Annual Living Legend Awards. Mayor Moncrief requested the Council meeting be adjourned in memory of Officer Craig Shaw, City of Lancaster Police Department. He stated that Officer Shaw was a five (5) year veteran of the Lancaster Police Department and father of two (2) children and was killed tragically on June 20, 2010. He stated the funeral was scheduled for June 27, 2010, at 11:00 a.m. at Inspiring Body of Christ Church in Dallas, Texas. He stated that David O'Neal Brown, Jr., son of Dallas Police Chief David Brown, was also killed in the incident. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Chan2es in Membersh Boards and ss s Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mr. James Hill be appointed to the Board of Adjustment - Commercial and the Fort Worth Alliance Airport Board of Adjustment, effective June 22, 2010, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 8 of 27 Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Espino advised he had met with the residents of Chadwick Farms and representatives from Quicksilver Resources. He stated he would make a motion to deny the waiver request due to opposition from the Chadwick Farms residents on the basis of the close proximity to residences and that Quicksilver Resources would be considering alternate locations for future gas wells at this lease. (Council Member Burns left his place at the dais.) a. Report of City Staff There was no report by City Staff. b. Citizen Presentations The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G- 16752, but did not wish to address the Council. Ms. Sarah Baird, 3932 Eaglerun Drive, Roanoke, Texas 76262 Mr. Greg Hughes, 2544 Stadium Drive Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. G -16752 be denied with appreciation to Ms. Carol Mulkay, Chadwick Farms Neighborhood Association President and with recognition of the efforts of Mr. Steven Lindsey, Quicksilver Resources. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 2. MSC G -16921 -Consider a Wai tiple Gas Well Pad Site Permit on the Ederville s cats at ervi lle Road Less Than Feet from a Protected Use. (Conti ued from e8,2010) ( A ) 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 JUNE 22, 2010 PAGE 9 of 27 (G -16921 Continued) 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.) a. Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Ms. Mercedes Bolen, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council and provided an overview of the waiver request and advised that the Brentwood Stair Road portion of the outgoing truck route had been removed. She stated that the property owners of 2401 Handley Ederville Road were advised in December 2008 and did not submit an application for a building permit or plat the property. She further stated that Chesapeake did not have any plans to purchase this property. She submitted a spreadsheet handout detailing the names and addresses of property owners in the affected area and their waiver status. She also submitted handwritten letters of support from individuals in support of the waiver request. (Council Member Burns returned to his place at the dais.) b. Citizen Presentations The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -16921 and stated that gas drilling safety and air quality was a city -wide issue and should be considered before allowing drilling anywhere in the City. They also expressed dissatisfaction that this item was not delayed to the July 13, 2010, Council meeting, which was a night meeting. They stated that the Council did not have the citizen's best interest in mind and discussed the City's gas well drilling ordinance in great detail. They also referenced property at 2401 Handley Ederville Road which bordered the proposed pad site and stated this was planned for residential development and approval of this item would cause the developers to lose their investment because the property would not be able to be developed as residential. They requested Chesapeake purchase the property from the developers and convert it to park land after the drilling had ceased. They also advised that the proposed pad site did not meet the requirements to be grandfathered and had not received a permit from the Railroad Commission. They addressed safety and quality of life issues associated with drilling and the close proximity to protected uses including a City park and stated the Harmony Park Neighborhood Association was strongly opposed to the site. They referenced the gas line explosion in Johnson County and stated that tragedy could have been much worse had it happened in a high density residential area. They also advised that the new truck route that was proposed was along a blind curve where accidents occurred on a regular basis and was dangerous and could not CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 10 of 27 (G -16921 Continued) accommodate the trucks traveling to and from the site. They also stated that many who had signed leases with Chesapeake Energy felt they were deceived by both Chesapeake and Dale Resources and were promised that this well would not be drilled at the proposed location. They advised that Chesapeake did not care for the landscaping planted at their sites throughout the City and most of the trees and bushes were dying. They requested the Council deny this request. Dr. Tim Morton, representing East Fort Worth Business Association, 1501 Handley Drive (displayed various excerpts from the City's Gas Well Drilling Ordinance) Ms. Esther McElfish, 7112 Martha Lane (submitted a petition in opposition and displayed letters in opposition and various maps of the area) Mr. Brooke Cooper, P.O. Box 8663 Mr. Jim Ashford, 6209 Riverview Circle (displayed excerpt from the City's Gas Well Drilling Ordinance) Mr. Curtis Green, 2401 Handley Ederville Road Mr. Bob Gallant, 6912 Brentwood Stair Road Reverend Kyev Tatum, 7510 John T White Road The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G- 16921, but did not wish to address the Council. Ms. Linda Gallant, 7224 Ellis Road Mr. Steve Doeung, 2616 Carter Avenue Ms. Toye Thomasson, 6912 Brentwood Stair Road Mr. Louis McBee, 2320 Oakland Boulevard Mr. Dean Hatch, 5624 Boca Raton Boulevard Mr. Douglas Henderson, 3009 Sandy Lane Mr. Greg Hughes, 2544 Stadium Drive, completed a speaker card in opposition to Mayor and Council Communication No. G -16921 and was recognized by Mayor Moncrief, but was not present in the Council Chamber. The following individuals appeared before Council in support of Mayor and Council Communication No. G -16921 and stated that the majority of the Ryanwood Neighborhood Association was in favor of drilling and looked forward to receiving royalties from the leasing of their minerals. They stated that numerous meetings had taken place over a number of months regarding this well site and the opposition was aware of these meetings. They stated that many of the individuals had not attended any of the neighborhood meetings and did not live in the area. They also discussed Ederville Park (formerly Nottingham Park) and advised that no one used the park because there were no improvements made to the park. They pointed out the opportunities that the property held and requested the park be improved to create a green space that would benefit the entire community. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 11 of 27 (G -16921 Continued) Ms. Alyce Boyd, 7248 Ellis Road Mr. Richard Tyler, 1921 Shelman Trail (displayed photograph of Ederville Park) Mr. Daniel Foster, 7253 Normandy Road Ms. Diane Reid, 7258 Meadowlane Court Council Member Burdette stated that he was disturbed by the citizens' comments that gas drilling representatives were deceiving them and lying to them. He added the City had no way to prove if the gas drilling companies were lying to citizens. He also stated the City had a drilling ordinance in place to address a number of issues and that the ordinance had been amended at least twice. He further stated that if a gas drilling company applied for a permit and had met all of the requirements, then the permit would not come before Council. He added that many of the reasons stated by citizens regarding why the well should not be drilled did not pertain to the issue on the agenda, which dealt with close proximity to protected uses. He stated that over 80 percent of the affected properties were in support of this waiver and added he would support the citizens leasing their minerals. He requested staff clarify two (2) of the issues raised during the citizen comments: (1) was the waiver in compliance with the gas well drilling ordinance and (2) how the site was grandfathered under the previous ordinance. Ms. Susan Alanis, Director, Planning and Development Department, advised that Chesapeake did not have a waiver from the Railroad Commission but they were allowed to go ahead with the review process. She stated the Railroad Commission permit must be acquired before staff would issue the permit. She also advised that on February 13, 2009, Chesapeake submitted a list of properties to be grandfathered, within the 45 day period, and stated this property was in compliance. Council Member Moss advised that he generally supported the Council Member whose district was affected in these waiver requests, but he would not support this waiver request because of the close proximity to residences, truck routes and traffic, visibility and inadequate sound mitigation. Mayor Pro tem Scarth advised that he had worked for a number of months with both Chesapeake Energy and the area neighborhood associations and various locations had been considered. He stated many of the people who spoke in opposition did not live in this area and were opposed to all gas drilling. He stated he would support this item because the majority of homeowners in the affected area were in support of this drilling and should have the right to lease their minerals. c. Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G -16921 be approved. The motion carried five (5) ayes to three (3) nays, with Council Members Moss, Burns and Hicks casting the dissenting votes and one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 12 of 27 (G -16921 Continued) Mr. Tyler Milton, 3100 Monticello Avenue, Suite 850, Dallas, Texas 75205, appeared before Council in opposition to Mayor and Council Communication No. G- 16963. He stated his client owned a piece of property that was proposed for future incorporation into the Botanic Garden as a parking lot. He added this property was prime commercial land and should be developed into an upscale development which would produce sales tax. He questioned the constitutionality of acquiring this property and advised his client would challenge such acquisition. He advised that his client had not been approached with alternatives and requested the Master Plan be rejected as written to allow for revisions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 13 of 27 (G -16963 Continued) (Mayor Pro tem Scarth returned to his place at the dais.) Council Member Burdette advised that this item was only a plan for the future and stated that the items outlined in the proposed Master Plan may or may not take place. He expressed appreciation to all who worked on this project for their time and effort. Council Member Burns advised that the meetings of this Committee would continue to be open to all stakeholders in the City and added that the proposed Master Plan was a result of community involvement in the public process. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G -16963 be approved with appreciation to everyone who worked on the Master Plan. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 14 of 27 (G -16965 Continued) b. Citizen Presentations There were no citizen presentations c. Council Action CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 15 of 27 (G -16967 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -16967 be approved and Ordinance No. 19198 -06 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G -16968 be approved and Appropriation Ordinance No. 19199 -06 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C. Purchase of Equipment, Materials, and Services �, �, ...... ........ ........ ...... ...... , 1 Mr. Glenn Lewis, representing Linebarger Goggan Blair & Sampson, LLP, 5600 Rockhill Road, appeared before Council in support of Mayor and Council Communication P -11144 and stated that his firm had represented the City since 2005 and prior to that in various years. He expressed appreciation to the City staff for their efforts during the Request for Proposal (RFP) process and stated it was a very thorough process. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 16 of 27 (P -11144 Continued) The following individuals appeared before Council in opposition to Mayor and Council Communication P -11144 and advised that they were attorneys with Perdue, Brackett, Flores, Utt & Burns Law Firm, who submitted a proposal that was not accepted. They further advised that the firm was locally owned, represented more than 2,400 taxing entities in Texas and was 35 percent owned by minority and women partners. They stated that they had provided quality tax collection services to the City from 1995 to 2005. They also stated that they would reduce its fees to 15 percent from the 20 percent currently charged to delinquent taxpayers which would provide a $1.8 million in savings. They pointed out that this would lessen the burden on people who had been hit hard by the economic recession but still wanted to pay their back taxes. They requested that Council deny this purchasing contract on the basis that the accepted RFP did not clearly prove to be more beneficial to the City than the RFP that they had submitted. Ms. Elizabeth Partner, 307 West 7th Street #1225 Mr. Jim Whitton, 4215 Warnock Court City Attorney Yett clarified that he stated in the Pre - Council meeting that both law firms were good law firms, not equally qualified. He stated he would defer to the staff recommendation and advised that the Law Department was represented on the selection committee. Council Member Hicks advised that she had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Council Member Burns requested staff explain how the 20 percent versus 15 percent fee was considered in the RFP process. Mr. Jack Dale, Purchasing Manager, Financial Management Services Department, advised that the lower fees were considered but that the lower fee did not directly benefit the City monetarily. He advised many factors were considered by the selection committee before the final decision was made. Council Member Burns requested clarification from Staff if the parcel fees requirement to the City was included the current contract and if the City would attempt to recoup those fees from the previous contract. Mr. Dale clarified that the parcel requirement fee was not included the current contract but was included in the new contract. He advised that both firms offered to pay the parcel fee requirement in the RFP. He also advised that the City would not recoup any fees from the previous contract. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 17 of 27 (P -11144 Continued) Council Member Moss advised that he was not opposed to the law firm of Linebarger Goggan Blair & Sampson, LLP. He stated he would not support this item because analysis and supporting documentation was not provided to the Council for review prior to this vote and he felt he did not have enough information. Council Member Jordan requested clarification if the collection rate of the firms was taken into consideration during the evaluation process. Mr. Dale advised that the collection rate was one of the best performance indicators used in the evaluation process. Council Member Zimmerman stated he did not have the back up documentation related to the content of the proposal to be able to make a decision and he needed more information, so he would not support this item. Council Member Espino stated the Council should rely on the due diligence of the professional staff to evaluate proposals. He stated a qualified team was put together to conduct the evaluation and make these decisions. He stated he would defer to the staff recommendation and support this item. Council Member Zimmerman stated he was not questioning the decision of the staff. He advised that he had questioned staff about previous unrelated proposals and after the staff had reviewed the proposals, there was a cost savings. He reiterated that back up documentation should have been provided and more information was needed prior to voting on the item. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P -11144 be approved. The motion carried five (5) ayes to three (3) nays, with Council Members Zimmerman, Moss and Burns casting the dissenting votes and one (1) abstention by Council Member Hicks. Council Member Moss requested in the future that staff provide proper supporting documents to the Council Members prior to voting on an item. F. Award of Contract t Time License Fee of $5,520.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 18 of 27 (C-24284 Continued) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24284 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. MSC C-24285 - Authorize a Purchase Agreement w th Premier Elevator Services, Inc.,, for the City of Fort Worth for an Initial Amount of $691,211. 0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 19 of 27 (C -24287 Continued) Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24287 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. M &C C -24288 - Authorize a Substantial Amendment to the City's 2008 -2009 and 2009 -2010 Action Plans; Authorize the City Manager, or his Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds from the United States Department of Housing and Urban Development; Authorize a Change in Use and Expenditure of Up to $458,312.00 in Prior Year's HOME Investment Partnerships Program Grant Funds to the Neighborhood Land Corporation, a Certified Community Housing Development Organization, for the Development of Up to Eight (8) Single Family Houses Located at Scattered Sites Throughout the City of Fort Worth; Authorize the City Manager, or his Designee, to Execute a Conditional Commitment with the Neighborhood Land Corporation that Conditions Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or his Designee, to Execute a Contract with the Neighborhood Land Corporation for a One (1) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or his Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if the Neighborhood Land Corporation Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager, or his Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Proiect Goals Provided that the Amendment is Within the Scope of the Proiect and in Compliance with City Policies and Applicable Laws and Regulations Governing the Use of the Federal Grant Funds. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24288 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. M &C C -24289 - Authorize a Substantial Amendment to the City's 2002 -2003, 2004 -2005, 2005 -2006 and 2006- 2007Action Plans; Authorize the City Manager, or his Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds from the United States Department of Housing and Urban Development; Authorize a Change in Use and Expenditure of $900,000.00 in Prior Year's HOME Investment Partnerships Program Grant Funds to Terrell Homes, I, Ltd., in the Form of a Subordinate Foruivable Loan for Single Family Rental Housing Development for the Terrell Heights Neighborhood Infill Program; Authorize the City Manager, or his Designee, to Execute a Conditional Commitment with Terrell Homes I, Ltd., for a 20 Year Subordinate Forgivable Loan that Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or his Designee, to Execute a Contract and Any Necessary Related Documents with Terrell Homes 1, Ltd., for the Proiect for a Two (2) Year CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 20 of 27 (C -24289 Continued) Term Beginning on the Date of the Execution of the Contract; Authorize the City Manager, or his Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Terrell Homes I, Ltd., Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager, or his Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Proiect Goals Provided that the Amendment is Within the Scope of the Proiect and in Compliance with City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24289 be approved with appreciation to staff. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24290 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 21 of 27 8. M &C C -24291 - Authorize a Substantial Amendment to the City's 2003 -2004, 2005 -2006 and 2006- 2007Action Plans; Authorize the City Manager, or his Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds from the United States Department of Housing and Urban Development; Authorize a Change in Use and Expenditure of $787,500.00 in Prior Year's HOME Investment Partnerships Program Grant Funds to Townsite, LLC, in the Form of a Subordinate Forgivable Loan for Development of the PolyRowhouses to be Located in the 3200 Blocks of East Rosedale Street and Avenue G in the Polytechnic Urban Village; Authorize the City Manager, or his Designee, to Execute a Conditional Commitment with Townsite, LLC, for a 20 Year Subordinate Loan that Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or his Designee, to Execute a Contract and Any Necessary Related Documents with Townsite, LLC, for the Proiect for a Two (2) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or his Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Townsite, LLC, Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager, or his Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Proiect Goals Provided that the Amendment is Within the Scope of the Proiect and in Compliance with City Policies and Applicable Laws and Regulations Governing the Use of the Federal Grant Funds. Council Member Hicks advised that she had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24291 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays and one (1) abstention by Council Member Hicks. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 22 of 27 (C -24292 Continued) Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24292 be approved and Appropriation Ordinance No. 19200 -06 -2010 be adopted with appreciation to Dolores Garza, Community Development Coordinator, Housing and Economic Development Department. The motion carried unanimously nine (9) ayes to zero (0) nays. 10. M &C C -24293 - Authorize a Substantial Amendment to the City's 2008 -2009 and 2009 -2010 Action Plans; Authorize the City Manager, or his Designee, to Substitute Funding Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds from the United States Department of Housing and Urban Development; Authorize a Change in Use and Expenditure of $145,000.00 in HOME Investment Partnerships Program Grant Funds to Tarrant County Housing Partnerships, Inc., a Certified Community Housing Development Organization, for the Development of a Single Family House in the Hillside- Morningside Neighborhood; Authorize the City Manager, or his Designee, to Execute a Conditional Commitment with Tarrant County Housing Partnerships, Inc., that Conditions Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or his Designee, to Execute a Contract with Tarrant County Housing Partnerships, Inc., for the Proiect for a One (1) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or his Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Tarrant County Housing Partnerships, Inc., Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager, or his Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Proiect Goals Provided that the Amendment is Within the Scope of the Proiect and in Compliance with City Policies and Applicable Laws and Regulations Governing the Use of the Federal Grant Funds. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24293 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. c 11 c Drainage Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24294 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 23 of 27 ............... .......... . ..... .... . =1-111 ....................... I M 11 1 1 Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-24295 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 13.M&C C-24296 - Authorize the City Manager to Execute a One (1) Year Interlocal Agreement with Automatic One LILlear Renewals with the City of Lake Worth for Mutual Aid Fire Protection. Motion: Council Member Burdette made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. C-24296 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 14. M&C C-24297 - Authorize the City Manager to Execute a One (1) Year Interlocal Agreement with Automatic One (1) Year Renewals with the City of Richland Hills for Mutual Aid Fire Protection. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24297 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24298 be approved and Supplemental Appropriation Ordinance No.19201-06-2010 and Appropriation Ordinance No. 19202 -06- 2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 24 of 27 16. M &C C -24299 - Authorize a Non - Interest Bearing Inter -Fund Loan from the General Fund to the Specially Funded Capital Proiects Fund in the Amount of $2,200,000.00 for Interim Financing for the Construction of North Riverside Drive from South of Heritage Trace Parkway to Just South of Dalton Road, to be Reimbursed Over a Two (2) Year Period from Proceeds Collected from the Tax Increment Financing District No. 7; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Specially Funded Capital Proiects Fund in the Amount of $2,200,000.00, from Available Funds, for the Purpose of Funding Construction of North Riverside Drive from South of Heritage Trace Parkway to Just South of Dalton Road; Authorize the City Manager to Execute a Community Facilities Agreement with Hillwood Alliance Services, LLC, with City Participation in an Amount Not to Exceed $2,200,000.00; and Waive the Limitation of Section II, Paragraph 11 of the Policy for the Installation of Community Facilities that Limits City Participation and Recommend City Participation in Accordance with Local Government Code 212.072 and the Unit Price Ordinance No. 14552 and No. 17967 - 002 -2008, as Amended. Mayor Pro tem Scarth stated he hoped the new Kroger Supermarket would stimulate the economy and requested that the Transportation and Public Works Department continue working on the bridge on North Riverside Drive, just south of the location. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24299 be approved and Appropriation Ordinance No. 19203 -06 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. ZONING HEARING CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 25 of 27 (ZC -10 -037 Continued) Council Member Zimmerman advised that he did not believe that the proposed zoning change request was compatible with the zoning in the area and would make a motion to uphold the City Zoning Commission recommendation. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -10 -037 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. CITIZEN PRESENTATIONS 1. Ms. Laura Reeves, 6115 Port s rive - Proposed Westridge Ga s Site Ms. Laura Reeves, 6115 Port Rush Drive, appeared before Council and spoke regarding the proposed gas well near Westridge and Bryant Irvin. She stated that Chesapeake was providing inaccurate and deceptive information to area residents regarding the gas well and waivers. She also advised that Chesapeake promised the gas well would be drilled near the railroad, south of Vickery Boulevard. She requested that Council review and verify all waivers that were received as some might not be legitimate. She further stated that the property in question was surrounded by residences and the proposed gas well would negatively impact their property values and the Ridglea Country Club. She requested the Council deny any requests for drilling in the area. Other Citizen Presentations on Proposed Westridge Gas Site: Ms. Bobbie McCurdy, 3817 Birkdale Drive Mr. Dan Tartaglia, 4412 Westridge Avenue The following individuals completed citizen presentation cards and were recognized by Mayor Moncrief, but were not present in the Council Chamber. Mr. Steve Reeves, 6115 Portrush Drive Ms. Rebecca Lawton, 4500 Westridge Avenue #3 Mayor Moncrief stated that the project was not before the Council for consideration but would be placed on the July 13, 2010 Council meeting agenda. 1 I I Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to a project he was working on called Project Next Generation. He stated it was an interactive website that would allow citizens to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 26 of 27 (XV. CITIZEN PRESENTATIONS Continued) vote on hot topics and make comments during the live Council meetings. He expressed appreciation to Mr. Brandon Bennett, Director, Code Compliance Department, for his timeliness in resolving a code violation that he reported. He displayed several photographs of code violations throughout the City relative to bus stop signs, railroad crossing signs, and other City signs that were blocked by trees and other foliage. He stated that when important signs were blocked it was dangerous to both drivers and pedestrians and requested the foliage be trimmed immediately. He showed a card of the City's skyline with burned out lights that outlined the buildings once again and suggested the City fix this problem and provide a better marketing picture. The following individuals appeared before Council relative to the construction currently underway in Hyde Park on 9th Street. They advised that construction of the park would remove necessary parking for the establishments in the area. They also advised that current construction had closed the sidewalks leaving no access to the businesses and would likely force tenants to relocate or go out of business. Mr. Brian Perking, Sr., 3071 Wabash Avenue Mr. Shayne Hamil, 907 Houston Street. Mayor Moncrief advised that discussion and plans for the park had been underway for years and stated everyone was very excited about the downtown green space. He directed the citizens to Mr. Fernando Costa, Assistant City Manager, for resolution. XVL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) The Fort Worth City Council reconvened into special session at 1:43 p.m. to complete the remaining agenda items as follows: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, and as authorized by Section 551.071 of the Texas Government Code: a) Legal issues regarding the mineral leasing of city property; b) Legal issues concerning liability insurance requirements for private activity on City property; c.) Legal issues concerning wholesale water contracts; d.) Legal issues concerning the City's health insurance plan; 2. Deliberate the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 22, 2010 PAGE 27 of 27 (XVI. EXECUTIVE SESSION Continued) 3. Deliberate economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. There being no further business the meeting was adjourned at 2:37 p.m. XVH. ADJOURNMENT There being no further business, the meeting was adjourned at 2:37 p.m. in memory of Craig Shaw, Police Officer, City of Lancaster, who was tragically killed on June 20, 2010. These minutes approved by the Fort Worth City Council on the 13th day of July, 2010. Attest: O Marty Hen x City Secretary Approved: