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HomeMy WebLinkAbout2010/08/24-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 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 Ctnff Pri vimt 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 10:20 a.m. on Tuesday, August 24, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. INVOCATION - Reverend Ben Disney, Arborlawn United Methodist Church The invocation was provided by Reverend Judy Williamson, Arborlawn United Methodist Church, in the absence of Reverend Ben Disney. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 17 2010 Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that the minutes of the regular meeting of August 17, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. t, I Kc c Ic There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 2 of 34 1. M &C G -17025 - Authorize the Execution of an Interlocal Agreement in the Amount of $78,078.00 with the North Central Texas Council of Governments to Include Trinity Boulevard and Amon Carter Boulevard in the Regional Traffic Signal Retiming Program and Appropriate a Local Match of $12,269.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Interlocal Agreement in the Amount of $78,078.00 With North Central Texas Council of Governments ( NCTCOG) to Include Trinity Boulevard and Amon Carter Boulevard in the Regional Traffic Signal Retiming Program; and Authorizing Payment of $12,269.00 to NCTCOG as the Required Match for Off - System Intersections Upon Execution of the Interlocal Agreement. 2. M &C G -17026 - Authorize the Establishment of Quiet Zones at the Union Pacific Railroad Crossings Located at Basswood Boulevard and at North Tarrant Parkway. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Sign a Notice of Quiet Zone Establishment for the Creation of New Quiet Zones at the Following Railroad Crossings; Union Pacific in the 5600 Block of Basswood Boulevard and Union Pacific in the 5800 Block of North Tarrant Parkway. 3. M &C G -17027 - Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Federal Awarded Assets Fund by $100,000.00 for the Purpose of Funding the Crime Laboratory's DNA Outsourcing Expenditures and Decrease the Unaudited, Unreserved, Undesignated Federal Awarded Assets Fund Balance by the Same Amount. Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation Ordinance No. 19280 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Federal Awarded Assets Fund in the Amount of $100,000.00, and Decreasing the Unreserved, Undesignated Federal Awarded Assets Fund Balance by the Same Amount, for the Purpose of Funding the Crime Laboratory's DNA Outsourcing Expenditures. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 3 of 34 (VII. CONSENT AGENDA Continued) 4. M &C G -17028 - Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Park Improvements Fund by $167,592.00 from Available Funds, Authorize Transfer from the Park Improvements Fund to the General Fund to Offset Operation and Oversight Costs of Neighborhood and Community Park Dedication Policy, and Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in General Fund by $167,592.00 from Available Funds. Approved by the City Council as recommended and as follows: Adopting Appropriation Ordinance No. 19281 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Park Improvements Fund in the Amount of $167,592.00 From Available Funds, for the Purpose of Reimbursing the General Fund for Expenses Associated With the Management of Neighborhood and Community Park Dedication Policy in Fiscal Year 2010; Authorizing the Transfer of $167,592.00 From the Park Improvements Fund to the General Fund to Offset Operation and Oversight Costs Associated With the Management of the Policy; and Adopting Appropriation Ordinance No. 19282 -08 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund From Available Funds, for the Purpose of Funding Expenses Associated With Management of the Policy. C. Land - Consent Items 1. M &C L -15046 - Authorize the Purchase of Right -of -Way in Fee and Drainage and Temporary Construction Easements Located at 11845 Alta Vista Road from O & C Investment Properties, LLC for a Total of $34,500.00 and Pay the Estimated Closing Costs of $3,000.00 for the North Beach Street Widening Project. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Right - of -Way in Fee and Drainage and Temporary Construction Easements Located at 11845 Alta Vista Road, Described as Abstract No. 266, Tract 2A, Francisco Cuella Survey, Fort Worth, Texas, From O & C Investment Properties, LLC; Finding That the Price of $33,000.00 Offered for the Purchase of the Right -of -Way, $650.00 for the Drainage Easement and $850.00 for the Temporary Construction Easement is Just Compensation; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $3,000.00. E. Award of Contract - Consent Items 1. M &C C -24409 - Authorize Change Order No. 5 in the Amount of $142,923.45 to City Secretary Contract No. 38206 with McClendon Construction Company for the Construction of Granbury Road Improvements from Summer Meadows to Altamesa Boulevard. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 5 in the Amount of $142,923.45 to City Secretary Contract No. 38206 With McClendon Construction Company for the Construction of Granbury Road Improvements From Summer Meadows to Altamesa Boulevard, Increasing the Overall Contract Amount to $1,837,672.18. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 4 of 34 (VII. CONSENT AGENDA Continued) 2. M &C C -24410 - Authorize Amendment No. 1 in the Amount of $480,000.00 to City Secretary Contract No. 39489 with Jacobs Engineering Group, Inc., for Citywide Storm Water System GIS Project, Data Maintenance for the Transportation and Public Works Department, Storm Water Management Division and Adopt Supplemental Appropriation Ordinance Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $480,000.00 to City Secretary Contract No. 39489 With Jacobs Engineering Group, Inc., to Adequately Maintain the Map of the City's Storm Water System for the Transportation and Public Works Department, Storm Water Management Division, Thereby Increasing the Total Amount to $4,070,056.00; and Adopting Supplemental Appropriation Ordinance No. 19283 -08 -2010 Increasing the Estimated Appropriations in the Stormwater Utility Fund in the Amount of $480,000.00, From Available Funds for the Purpose of Funding a Citywide Stormwater System GIS Project and Data Maintenance Through an Agreement With Jacobs Engineering Group, Inc. 3. M &C C -24411 - Ratify the Application for and Authorize the Acceptance of $30,000.00 in Grant Funds from the Statewide Tobacco Education and Prevention Grant, Authorize the City Manager to Execute a Related Contract with the State of Texas and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Ratifying an Application for the Statewide Tobacco Education and Prevention Grant From the Texas Comptroller of Public Accounts in the Amount of $30,000.00; Authorizing the City Manager to Accept the Grant Funds, if Awarded, and Execute a Contract With the State of Texas, for That Purpose; and Adopting Appropriation Ordinance No. 19284 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $30,000.00, Subject to Receipt of the Grant for the Purpose of Providing Funding to Participate in the Statewide Tobacco Education and Prevention Program for FY2011. 4. M &C C -24412 - Authorize the Execution of a Consent to Assignment of City Secretary Contract No. 32239, at Fort Worth Alliance Airport, by Alliance Aviation Investors, L.P., f /k/a Alliance Air Partners, Ltd. to FBO Partners Ltd. and Authorize the Execution of a Five Year Lease Renewal of City Secretary Contract No. 32239 with FBO Partners, Ltd. for 59,500 Square Feet of Land at Fort Worth Alliance Airport. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Written Consent to Assignment by Alliance Aviation Investors, L.P., f /k/a Alliance Air Partners, Ltd., of All Leasehold Interest in City Secretary Contract No. 32239 at Fort Worth Alliance Airport, to FBO Partners, Ltd.; and a Five (5) Year Lease Renewal of City Secretary Contract No. 32239 With FBO Partners, Ltd., for 59,500 Square Feet of Land at Fort Worth Alliance Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 5 of 34 (VII. CONSENT AGENDA Continued) 5. M &C C -24413 - Apply for and Accept, if Awarded, a Grant from the Texas Department of Transportation Aviation Division in the Amount of $254,991.00 for the Engineering/Design Services to Reconstruct Apron A and Related Drainage and Associated Appurtenances at Fort Worth Meacham International Airport, Authorize Expenditure of $28,332.00 to Provide the City's Match and Adopt Appropriation Ordinances. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Apply for and Accept, if Awarded, a Grant From the Texas Department of Transportation (TxDOT) Relating to the Engineering/Design Services to Reconstruct Apron A and Related Drainage and Associated Appurtenances at Fort Worth Meacham International Airport in the Amount of $254,991.00; Authorizing the Use of Revenue Derived From Mineral Leases on City Owned Airports in the Amount of $28,332.00, to Provide for a Grant Match in the Amount of Ten (10) Percent of Total Project Costs; Adopting Appropriation Ordinance No. 19285 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $28,332.00, From Available Funds, for the Purpose of Transferring Said Funds to the Airports Grant Fund for the Engineering/Design Services; Authorizing the Transfer of $28,332.00 From the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's 10 Percent Grant Match; and Adopting Appropriation Ordinance 19286 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Grants Fund in the Amount of $283,323.00, Subject to Receipt of the Grant. 6. M &C C -24414 - Authorize Amendment No. 1 in the Amount of $248,175.00 to City Secretary Contract No. 38486 with Freese and Nichols, Inc., for Design Services for the Extension of Stone Road, Alsbury Boulevard Improvements and Water and Sewer Improvements around Spinks Airport and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the Use of Revenue Derived From Mineral Leases on City Owned Airports in the Amount of $248,175.00, for Additional Professional Design Services for the Extension of Stone Road, Alsbury Boulevard Improvements and Water and Sewer Improvements Around Spinks Airport; Adopting Appropriation Ordinance No. 19287 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $248,175.00, From Available Funds, for the Additional Design Services; and Authorizing Amendment No. 1 to City Secretary Contract No. 38486 With Freese and Nichols, Inc., for the Design Services, Thereby Increasing the Total Contract Amount to $1,077,165.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 6 of 34 (VII. CONSENT AGENDA Continued) 7. M &C C -24415 - Authorize Change Order No. 2 in the Amount of $35,400.00 to City Secretary Contract No. 39118 with Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation, Contract LXVI on a Portion of the Alleyway Between Washburn Avenue and Harley Avenue. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 2 in the Amount of $35,400.00, to City Secretary Contract No. 39118 With Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation, Contract LXVI (66), Thereby Increasing the Contract Amount to $1,267,246.50. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1783 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC 1. Presentation of Summary Ret)ort on Mavor Mike and lie's Summer Readin2 Challenge 2 Ms. Gleniece Robinson, Director, Library Department, provided a brief PowerPoint presentation and advised on the success of the Library's annual summer reading program, known as "Mayor Mike and Rosie's Summer Reading Challenge 2010." Mayor Moncrief expressed appreciation to honorary Chairs Council Member Hicks and Mr. Robert Early, President and CEO, John Peter Smith Health Network, and to the Council Members for their participation in the activities associated with the summer reading challenge. 2. Presentation by Mayor Dennis H ®oks, City of Weatherford Mayor Dennis Hooks, City of Weatherford, expressed appreciation to the City Council and the Water Department for the assistance that was provided to the City of Weatherford during the water main break that occurred on August 2, 2010, which interrupted water service to approximately 26,000 residents. He advised that Weatherford was the Peach Capitol of Texas and presented the Council with a basket of peaches in appreciation for the assistance and support provided during the water crisis. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 7 of 34 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. — #2 Continued) Mayor Moncrief stated that when an area city had an emergency situation that the "Fort Worth way" was to help and support that city in any way possible. He added that Fort Worth and Weatherford had wonderful Water Departments and expressed appreciation to Mayor Hooks for the basket of peaches. 3. Presentation of Proclamation Salute to Commanders of U.S.S. Fort Word► Day Mayor Moncrief, Congresswoman Kay Granger, former Secretary of State Roger Williams and former Mayor of Fort Worth Bob Bolen, presented a Proclamation for Salute the Commanders of the U.S.S. Fort Worth Day to U.S.S. Fort Worth Commanders James R. Blankenship and Warren Cupps. He stated the United States Navy was a great naval force in world history which protected the nation's security and commercial interests at sea. He advised that the Littoral Combat Ship was an important part of the Navy's sea fighting strategy and would allow the Navy to transport troops and equipment, as well as, provide access to and dominance of the coastal water battle space. He stated that Fort Worth had a proud naval heritage and had been the hometown of countless naval personnel in addition to three (3) United States Navy Secretaries: John Connally, Fred Korth and Gordon England. He also advised that the U.S.S. Fort Worth would be christened in 2010 and commissioned in 2012 marking it as the first time the great City of Fort Worth had a naval vessel named after it thus bringing security to the nation and honor to the City. On behalf of the City of Fort Worth, he officially welcomed the initial commanders of the U.S.S. Fort Worth, James R. Blankenship and Warren Cupps, and wished them "fair winds and following seas." Congresswoman Granger expressed appreciation to the U.S.S. Fort Worth Commanders and stated it was a tremendous honor for the City to have a naval ship named in its honor. Mayor Moncrief expressed appreciation to Commanders James R. Blankenship and Warren Cupps, and Congresswoman Granger, former Secretary of State Williams and former Mayor of Fort Worth Bolen, for their attendance at the meeting. He advised there were many ways to support the U.S.S. Fort Worth and stated everyone interested could contact any of the Council Member's offices for more information. 1. Upcoming and Recent Events Council Member Hicks expressed appreciation to everyone who attended the Crime Lab Ribbon Cutting on August 23, 2010, held at 3616 East Lancaster Avenue (former Stripling & Cox building). She stated the rehabilitation of this building was possible through Crime Control and Prevention District funding and pointed out that the $9.2M spent on the rehabilitation was under budget. She stated the attendance at the event was impressive, considering the heat and added that this building would become a focal point in southeast Fort Worth and in southeast Tarrant County. She also advised CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 8 of 34 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) that the Ribbon Cutting for the new Early Childhood Matters Program would be held on August 26, 2010, at Meadowbrook United Methodist Church, located at 3900 Meadowbrook. She stated that the United States Department of Health and Human Services grant made it possible to open two (2) new sites at the Riverside Community Center and the Meadowbrook Community Center, in addition to the Martin Luther King, Jr., Community Center and the Worth Heights Community Center, which were existing sites funded by previous grants. She further advised that a District 8 Advisory Board Meeting would be held on August 31, 2010, and stated that Budget Officer Horatio Porter would make a presentation and there would be discussion regarding the proposed budget and how it would affect District 8 residents. She also announced that a Diversity Forum would be held on August 31, 2010, from 7:00 p.m. to 8:30 p.m. at the Hazel Harvey Peace Center for Neighborhoods, located at 818 Missouri Avenue. She advised that Police Chief Halstead would also be in attendance at the meeting. Council Member Zimmerman requested the Council meeting be adjourned in memory of Ms. Nancy Virginia Stimmel Herpin, who passed away on August 17, 2010. He stated she spent many years as a volunteer at Redeemer Lutheran School and later was the school's Secretary. He advised that she was an active member of the Western Hills North Neighborhood Association and the Citizens on Patrol program. He announced that the 8th Annual Jazz by the Boulevard Festival, presented by the Historic Camp Bowie Initiative, would be held September 10 through 11, 2010, on the lawn of the Will Rogers Memorial Center. He advised that this year, the two (2) day festival would feature stars such as legendary jazz bassist Stanley Clarke, New Orleans' red -hot Trombone Shorty (featured on the HBO series Treme), Mississippi blues rocker Charlie Mars, the eclectic band The Gourds and the Miles Davis Tribute Band, lead by Paul Unger. He added that along with music, the event would also feature a Cooking Carnivale, where festival goers could attend tastings and demonstrations by area chefs. Council Member Jordan expressed appreciation to the United States Navy, Congresswoman Granger, former Mayor Bob Bolen, and former Secretary of State Williams for their attendance at the meeting and their support of the U.S. S. Fort Worth. Mayor Pro tem Scarth advised that Consent Agenda Item Mayor and Council Communication No. G- 17026 was an important item that involved railroad quiet zones. He stated there were 13 railroad crossings within a three (3) mile stretch and it was very important to neighbors to establish quiet zones in this area. He also expressed appreciation to the United States Navy, Congresswoman Granger, former Mayor Bob Bolen, and former Secretary of State Williams for their attendance at the meeting and stated he looked forward to the christening and launch of the ship. Council Member Espino expressed appreciation to Ms. Betty Ward and the Northside Neighborhood Association for their attendance at the meeting on August 17, 2010, regarding the rezoning of the Near Northside area from "B -2" Duplex to "A -5" Single Family zoning and some of the commercial corridor. He stated there was overwhelming support of this rezoning project. He also expressed appreciation to the Harriett Creek Ranch Homeowner Association, located on S.H. 114 and S.H. 157 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 9 of 34 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) near Justin, Texas, for their attendance at the meeting held last week regarding the growth challenges in the area. He also expressed appreciation to Fort Worth Public Art and the Rose Marine Theatre for hosting a meeting on August 20, 2010, regarding a graffiti abatement project. He stated the City of Philadelphia was instrumental in using art murals to abate graffiti. He added that an expert from Philadelphia made a presentation and announced that the Northside Community Center was the first site selected for this project. He also pointed out that area high school students would have the opportunity to work with the artist selected to paint the mural. Council Member Burdette advised that areas in the City, such as Camp Bowie Boulevard and the west side of Fort Worth, were experiencing an influx of bandit signs. He stated that the City's sign ordinance was put in place to keep the City looking neat and orderly. He encouraged residents to remove any bandit signs and report offenders to the Code Compliance Department. Mayor Moncrief agreed that illegal signs were a problem in the City and stated as a result, the Code Compliance Department was asking citizens and all City employees to report people that they observed placing signs along the roadway. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membershi Boards and ss s Mayor Moncrief advised that due to the recent resignation of Reverend W. G. Daniels, there was no quorum of the Ethics Review Committee to complete the existing docket. He further stated that after review by the Law Department, he would entertain a motion to appoint five (5) new members. He further advised that he would also entertain a second motion to appoint three (3) of the new members to serve with the remaining two (2) members for the hearings on the existing docket. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that the following individuals be appointed to the Ethics Review Committee effective August 24, 2010, and with terms expiring as indicated: Mr. Robert E. Aldrich, Jr., Place 1, term expiring October 1, 2011 Dr. Evan Lenow, Place 2, term expiring October 1, 2012 Mr. Jim Lane, Place 3, term expiring October 1, 2011 Mr. Francisco Hernandez, Place 4, term expiring October 1, 2012 Ms. Norma Roby, Place 5, 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 AUGUST 24, 2010 PAGE 10 of 34 (XI. PRESENTATIONS BY THE CITY COUNCIL - #1 Continued) Mayor Pro tem Scarth and Council Member Jordan advised that they had filed Conflict of Interest Affidavits with the City Secretary's Office and would abstain from voting on the following item. Motion: Council Member Moss made a motion, seconded by Council Member Burdette that Robert E. Aldrich, Jr., Francisco Hernandez and Norma Roby, be appointed to serve with the remaining two (2) members for the hearings on the existing Ethics Review Committee docket. The motion carried unanimously seven (7) ayes to zero (0) nays, with two (2) abstentions by Mayor Pro tem Scarth and Council Member Jordan. Mayor Moncrief clarified that the new panel would work with the Law Department to make any recommendations or changes to the Ethics Ordinance and any future complaints would go before the five (5) new members. City Attorney Yett also clarified that the five (5) new members would serve two (2) year staggered terms, in accordance with the Ethics Ordinance. Council Member Hicks advised of the importance of having a complete panel on the Ethics Review Committee. She stated that the Council should not rush into any changes in the ordinance and that there were a number of serious issues on the current docket. She stated that in her opinion the Appeals Board should not be comprised of the Council Members and added that the Appeals Board should be an independent group of individuals. She asked City Attorney Yett to confirm that the change in the ordinance would only involve appointing the three (3) new members to serve with the remaining two (2) members to hear the current docket and that no other changes would be made to the ordinance. City Attorney Yett confirmed that the changes in the ordinance only involved the appointment of the three (3) new members to serve with the remaining two (2) members to hear the current docket and that no other changes would be made to the ordinance issues at this time. PRESENTATIONS AND/OR c BOARDS, AND/OR CITY COUNCIL COMMITTEES There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTIONS 1. A Resolution Reaffirming r r ower 55 At-Grade Northeast Commuter Rail and a Modern Streetcar Syste a e ti yi eti Funding Sources for Said Pr ®iects. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 11 of 34 (XIII. RESOLUTIONS - #1 Continued) Mayor Moncrief advised that he would recommend a motion to table consideration of this resolution until the report and recommendation had been received from HDR Engineering, Inc., the consultant. The following individuals appeared before Council in support of Agenda Item XIII. Resolution No. 1 and stated that it did not make sense to withdraw this resolution since Council had shown previous support for these transportation initiatives. They further stated that these transportation initiatives were part of the revitalization process and were a catalyst for economic development and jobs. They stated that forfeiting a $25M grant was irresponsible and inconsistent. They added that people wanted to live in the central city and these much needed transportation projects would cause a rebirth of those areas. Mr. Mike Brennan, 1109 Mistletoe Drive Ms. Michel Stebbins, 3944 Singleleaf Lane Mr. Phillip Poole, 2918 Wingate Street, Suite 100 Ms. Fran McCarthy, 1208 West Magnolia Avenue, completed a speaker card in support of Agenda Item XIII. Resolution No. 1, but did not wish to address the City Council. Ms. Beverly Branham, 6487 Woodstock Road, appeared before Council in opposition to Agenda Item XIII. Resolution No. 1 and stated that the City should not be spending any money on new projects in light of the current budget situation. She also stated that the Council needed to get their priorities straight and take care of the current situation. She also added that she did not support the additional $6.00 fee on the water bill for street repairs. Council Member Burdette stated that in January 2010 the Council voted on whether or not to make an application for a grant and had no way of knowing whether it would be a great idea or a huge mistake. He further stated that he could not vote on this item until he had received all of the facts. He pointed out that there had not been adequate opportunity for public input nor had there been time for a thorough review. He also advised that the supporters would state that adoption of this resolution was not a commitment to take on the project, but in his opinion, that was exactly what this resolution meant. He also said that the supporters of this project would state that this would not require public taxpayer funds and would suggest that the $28M City matching funds could come from one (1) or more Tax Increment Finance (TIF) Districts which were expected to have revenues exceeding the $28M. He advised that such TIF funds would come from tax collections exceeding the TIF project plan needs. He stated that suggesting that these revenues would not come from taxpayer pockets was untrue. He stated the City was already on the hook for $800M in unfunded pension liabilities and retiree healthcare costs and additionally the City was in need of $113 in street improvements and infrastructure needs. He stated he did not feel that now was the time to commit these future TIF revenues to other projects that were not part of the original TIF plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 12 of 34 (XIII. RESOLUTIONS - #1 Continued) Council Member Jordan stated that the resolution highlighted the priorities of the transportation plan. He stated it was not the right time to make a commitment to this project since the City was talking about reductions in Police and Fire Department services and Library closures due to the budget crisis. He stated that this resolution made a commitment to change the TIF policy to state that TIF monies were a non - competing source of funds for street cars. He stated that those TIF districts were created for specific reasons with the goal of increasing underdeveloped areas of the City into revenue producing general fund items. He pointed out that the assumption was that there were surplus funds in the TIF districts and that they should apply those and future funds toward the street car system. He advised that it was his understanding that the entire project would cost approximately $700M. He stated he did support mobility and safe air and water quality but his major concerns were the words "non- competing source of funding ". He also requested staff provide more information relative to the funding sources and ad valorem taxes. Council Member Espino expressed appreciation to Council Member Burns and the Central City Redevelopment Committee for their work on mobility and transportation. He stated that the original transportation plan did not include the modern street car but that the City was facing a transportation crisis and they needed to consider all options and other ways to mitigate transportation issues. He stated that the City could not keep building concrete roads to fix the problems and the Council needed to think of other ways to approach this crisis. He further stated that the purpose of the urban circulator grants was to fund projects such as these. He also added that Vision North Texas suggested a feathered approach using TIF and then Public Improvement District (PID) funds to pay for the projects. He pointed out that the Council was divided on this issue but that it was possible to have all modes of transportation in the City. Mayor Pro tem Scarth stated he was not sure that this project made sense at this time. He advised that he had listened to residents in his district and they were not ready for this project. Council Member Zimmerman stated it was obvious that the Council was divided on this item and he added that one (1) of the reasons for the division was because the Council was unsure what the end result would be. He further stated that the $25M was only available once the City contributed the matching funds. Council Member Hicks stated it was terribly important to the City to have diverse methods of transportation. She stated that they could not continue to build more streets to cope with the transportation crisis. She added that the entire process had been torturous and was a mistake from the beginning, after many of the Council Members requested that the downtown circulator not be pursued without a plan to connect people with job sites. She stated that the Council may have put the cart before the horse and needed more information. She pointed out that people in her district needed to get in to the City and that the City should not be spending this large amount of money on tourists. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 13 of 34 (XIII. RESOLUTIONS - #1 Continued) Council Member Moss agreed that this was a very important project and stated that it was an economic generator. He stated that all forms of transportation should be tied together so that the City had a uniform system. He pointed out that by not moving forward with this resolution the City was cutting out a major piece of the uniform system. He stated that all forms of transportation needed to connect at a central point, such as the Intermodal Center, which was a major connector already in place. He stated any other economic development should and would take place along that line. He added that the funding sources of Seattle, Washington and Portland, Oregon had been reviewed and stated those systems were not completely funded out of the general public's pocket because there were other funding options available. He advised he would be in favor of tabling this item but not removing it from the agenda completely. Council Member Burns stated the motion was to table the item but he hoped that they could find a way to bring this item back before the Council. He expressed appreciation to the Federal Transit Administration (FTA) and Michael Morris, Director of Transportation, North Central Texas Council of Governments (NCTCOG) and stated he had addressed everything that was requested of him. He stated it did not threaten Tower 55, commuter rail or the general fund, in fact, it strengthened them. He stated that the idea of moving forward with business as usual was not sufficient and this needed to be addressed. Mayor Moncrief expressed appreciation to the Council for expressing their opinions. He stated he would accept some of the blame for this because he encouraged people to take a look at this project. He stated everyone was in agreement that Tower 55 was important to this City and the nation. He added that the area needed to be fixed and he did not care who fixed it, as long as it kept everyone safe and allowed for better delivery of freight. He stated there was a lot of dialogue on street cars long before the economic downturn. He stated that commuter rail, street cars and buses were how to move people safely in large cities. He added that commuter rail was the priority and that streetcars had to be the second priority. He stated the Council needed to wait to make a decision until the final results of the study from the consultant had been received. He pointed out that Tower 55 and commuter rail must happen in the City sooner rather than later. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that this Resolution be tabled. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Members Moss and Zimmerman left their places at the dais.) 2. A Resolution in Sutmort of the TCU /Berry Station Area- Transit Oriented Develoment Plan Sustainable eve e t Proiect. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Resolution No. 3916 -08 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Zimmerman and Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 14 of 34 (XIII. RESOLUTIONS Continued) I 1 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Resolution No. 3917 -08 -2010 be adopted appointing Mr. Ken Kristofek to the Board of Directors of Tax Increment Reinvestment Zone Number Seven, City of Fort Worth, Texas (North Tarrant Parkway TIF), effective August 24, 2010, with a term expiring December 31, 2010. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Zimmerman and Moss absent. (Council Member Zimmerman returned to his place at the dais.) XIV. REPORT OF THE CITY MANAGER I I mum w Improvement 1 1 owntown). (PUBLIC HEARING) The recommendation was that the City Council Conduct a Benefit Hearing to Receive Comments on the Proposed Budget, Five (5) Year Service Plan and Proposed Method of Assessment for Fort Worth Public Improvement District No. 1 (Downtown) for Fiscal Year 2010 -2011, Which Has Been Prepared by the Downtown Public Improvement District's Advisory Board; Approve the Filing of the Proposed 2010 Assessment Roll for the Downtown Public Improvement District With the City Secretary for Public Inspection; and Set a Public Benefit Hearing for September 14, 2010, at 7:00 p.m., for Final Consideration of the Downtown Public Improvement District's Fiscal Year 2010 -2011 Budget, Five (5) Year Service Plan and 2010 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Moss returned to his place at the dais.) a. Rer)ort of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 15 of 34 (1111-247 Continued) b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. c. Council Action Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. BH -247 be approved as recommended setting the public benefit hearing for September 14, 2010, at 7:00 p.m. The motion carried unanimously nine (9) ayes to zero (0) nays. I 1111 111111111F I I Improvement District No. 6 (Park Glen). (PUBLIC The recommendation was that the City Council Conduct a Benefit Hearing to Receive Comments on the Proposed Budget, Five (5) Year Service Plan and Proposed Method of Assessment for Fort Worth Public Improvement District No. 6 (Park Glen) for Fiscal Year 2010 -2011; Approve the Filing of the Proposed 2010 Assessment Roll for the Park Glen Public Improvement District With the City Secretary for Public Inspection; and Set a Public Benefit Hearing for September 14, 2010, at 7:00 p.m., for Final Consideration of the Park Glen Public Improvement District's Fiscal Year 2010 -2011 Budget, Five (5) Year Service Plan and 2010 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. Caroline Sherman, 5751 Kroger Drive, Suite 193, Keller, Texas 76244, completed a speaker card in support of Mayor and Council Communication No. BH -248, but did not wish to address the City Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 16 of 34 (BH -248 Continued) c. Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. BH -248 be approved as recommended setting the public benefit hearing for September 14, 2010, at 7:00 p.m. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 17 of 34 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 AUGUST 24, 2010 PAGE 18 of 34 (BH -251 Continued) a. Report of Citv Staff 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 AUGUST 24, 2010 PAGE 19 of 34 The recommendation was that the City Council Conduct a Benefit Hearing to Receive Comments on the Proposed Budget, Five (5) Year Service Plan and Proposed Method of Assessment for Fort Worth Public Improvement District No. 14 (Trinity Bluff) for Fiscal Year 2010 -2011; Approve the Filing of the Proposed 2010 Assessment Roll for the Trinity Bluff Public Improvement District With the City Secretary for Public Inspection; and Set a Public Benefit Hearing for September 14, 2010, at 7:00 p.m., for Final Consideration of the Trinity Bluff Public Improvement District's Fiscal Year 2010 -2011 Budget, Five (5) Year Service Plan and 2010 Assessment Roll. 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 AUGUST 24, 2010 PAGE 20 of 34 (1111-253 Continued) c. Council Action Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. BH -253 be approved as recommended setting the public benefit hearing for September 14, 2010, at 7:00 p.m. The motion carried unanimously nine (9) ayes to zero (0) nays. B. General ,,,,,,,,, Drilling, Gas 1 Definition Residential Area, Provide a Bilingual Waiver Form with Exhibit and to Provide a Definition for Grandfathered Site. (Continued from a Previous Meeting) ...,........ io .., ns The recommendation was that the City Council adopt an Ordinance Amending the Code of Ordinances of the City of Fort Worth, by Amending Article II of Chapter 15, "Gas" Entitled, "Gas Drilling and Production," Regulating the Drilling and Production of Gas Wells Within the City to Amend Sec. 15- 39, "Suspension or Revocation of Gas Well Permit; Issuance of a Citation, Effect" to Allow the Gas Inspector to Suspend or Revoke the Gas Well Permit or Issue a Citation Without a Ten (10) Day Notice to Cure; to Amend Section 15 -31, "Definitions" to Revise the Definition of "Private Residential Areas" and to Provide a New Definition for a "Grandfathered Site "; to Amend Sec. 15 -36, "Gas Well Permitting Procedure" to Require a Billingual Waiver Form and an Exhibit. It was the consensus of the Council that Mayor and Council Communication No. G -17021 be continued until the September 14, 2010, Council meeting. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -17021 and stated that the citizens were not the people confused about what "grandfathering" meant. They stated the Council and staff were trying to cover up the mistakes that were made with the current ordinance and the stipulations relative to grandfathering. They requested that the Council deny this item. Mr. Jim Ashford, 6209 Riverview Circle Mr. Robert Snoke, 3826 6th Avenue Council Member Hicks stated there were a lot of good items being proposed with the new ordinance and expressed her appreciation to the staff for their hard work and preparation of the revisions. She also expressed appreciation to the Council for delaying this item as the issue of grandfathering needed to be discussed in greater detail. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 21 of 34 Inc., for the Information Solutions 1 The recommendation was that the City Council ratify Expenditures of $173,569.00 and Authorize an Increase to the Dollar Cap for the Existing Professional Services Agreements for Technology Staffing and Placement Services With Digital Intelligence Systems Corporation, Hudson Global Resources Management, Inc., Matrix Resources, Inc., and Sentari Technologies, Inc., in the Amount of $708,898.00, for a Total of $882,467.00 for the Information Technology Solutions Department. Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17029 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M&C G -17030 - Adopt Ordinance Amending the City's Code of Ethics to Clarify when Certain Advisory Board Members Must Disclose Interests or Recuse from Participating in or Voting on Certain Matters to Address Various Sanctions under the Code, and to Address Appointment of Ethics Review Committee. The recommendation was that the City Council adopt an Ordinance Amending Chapter 2 "Administration" of the Code of the City of Fort Worth (1986), as Amended, by Providing That the Policy Declaration of the Code Does Not Constitute the Code Itself, Establishing Definitions for the Terms "City Attorney ", "Resident ", and "Task Force "; Providing That Members of Task Forces Are Permitted to Participate in and Vote on Any Matter Before the Task Force to Which the Member Has Been Appointed; Providing That a Person Does Not Violate the Code for Conduct Undertaken by the Person in Reliance Upon an Opinion of the City Attorney That Such Conduct is Permissible and Does Not Constitute a Violation of the Code, and Providing for Notification and a Preliminary Hearing to be Held by the Ethics Review Committee in Such an Event; Providing That the Ethics Review Committee Shall Meet Only as Necessary to Fulfill its Responsibilities Rather Than on a Quarterly Basis; Providing That a Person Who Wishes to File a Complaint Under the Code Must be a Resident of the City. Mayor Moncrief advised that his intention was to vote on only the portion of the ordinance which dealt with appointing new members to the Ethics Review Committee and would withdraw the rest of the item. He requested that Mr. Peter Vaky, Senior Assistant City Attorney, provide clarification about the process. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 22 of 34 (G -17030 Continued) Mr. Vaky advised that the Council had been provided with a substitute ordinance which deleted the last sentence of Section 22 -41, which eliminated the prohibition of newly appointed members to the Ethics Review Committee from hearing pending complaints and adoption of this ordinance would effectuate the appointment of three (3) new members to the panel hearing the current docket. He also clarified that the five (5) new members would hear all future complaints. Council Member Hicks requested that Mr. Vaky confirm that the Council would only be voting on the changes relative to the appointment of new members. Mr. Vaky clarified that this substitute ordinance only made changes relative to the newly appointed members. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -17030 and stated that the Ethics Ordinance was in place because public officials could not be trusted to do the right thing. They stated that the public had not been advised of the proposed changes and had not been given ample opportunity to make comments. They stated that any changes to the ordinance should be placed on a night meeting agenda so that the public could be involved and provide input. They further stated that an independent municipal expert should review the ordinance and provide comments regarding any proposed changes. They advised that in their opinion the changes to the ordinance were hastily written and added that standards should be increased not decreased. They also stated that the City should be following the State of Texas Code of Ethics. They also referenced an ethics complaint filed against former City Manager David Ivory. They stated a Criminal Court found him guilty of corruption but that the City did not find any evidence of an ethics violation and reinstated him as the City Manager. They requested the Council deny any revisions to the Ethics Ordinance and any new appointments to the Ethics Review Committee. Mr. Joe Bailey, 920 North Bailey Avenue Ms. Libby Willis, 2300 Primrose Avenue (provided handout) Ms. Beverly Branham, 6487 Woodstock Road (provided handout) Ms. Suzie Jary, 6416 Locke Avenue Ms. Debra Ny, 2012 Wilshire Boulevard Mr. Charles Washington, 220 Hallbrook Drive Mr. Jim Ashford, 6209 Riverview Circle Mr. Robert Snoke, 3826 6th Avenue Mr. Steve Epstein, 1617 Steinburg Lane completed a speaker card in opposition to Mayor and Council Communication No. G- 17030, but did not wish to address the Council. Mayor Moncrief requested City Attorney Yett clarify what the Council would be voting on relative to the Ethics Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 23 of 34 (G -17030 Continued) City Attorney Yett advised that staff was withdrawing all recommended changes to the ordinance with the exception of the change that would allow three (3) of the newly appointed members to the Ethics Review Committee to hear the current docket. He also advised that the state law that the citizens were referring to did not apply to Advisory Boards. He pointed out that the City's Advisory Boards were governed by the Local Government Code, which exceeded the requirements and standards of the state. Mayor Moncrief read the name and occupation of the five (5) new members that had been appointed to the Ethics Review Committee. Mayor Moncrief stressed the importance of having a full Ethics Review Committee to provide a decision on the current docket. City Attorney Yett advised that Mayor Pro tem Scarth and Council Member Jordan should abstain from voting on this item, as they both had current cases on the docket. Council Member Hicks reiterated that staff was withdrawing all recommended changes to the ordinance with the exception of the change that would allow three (3) of the newly appointed members to the Ethics Review Committee to hear the current docket. She also stressed the magnitude of having a complete Ethics Review Committee to provide a decision on the existing docket. She also questioned how often the Committee had meetings. City Attorney Yett advised that the Committee only met in response to a complaint having been filed. Council Member Hicks also stated that the Appeals Board should be an independent body, not the City Council, as she did not feel comfortable making such decisions relative to her colleagues. She also requested City Attorney Yett provide an explanation about individuals affected by this ordinance becoming a part of a task force. City Attorney Yett stated that individuals affected by the ordinance should have the ability to provide input and stated one of the benefits of creating a task force was that they met in public forums and it was a fairly transparent and public process. He stated putting together a task force was one of the items under consideration to ensure public and industry input. Council Member Hicks advised that she was pleased that the Council was addressing some of the issues at hand and was moving forward. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Council Member Zimmerman advised that technically the current Ethics Review Committee was past their tenure, as the ordinance specified six (6) year terms and many had been serving for 20 years. Mayor Moncrief expressed appreciation to the new members of the Ethics Review Committee for serving their City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 24 of 34 (G -17030 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17030 be approved as revised and substitute Ordinance No. 19288 -08 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with two (2) abstentions by Mayor Pro tem Scarth and Council Member Jordan. of $120,000.00. The recommendation was that the City Council authorize the Payment of $120,000.00 to Carey Cass Hudson in Settlement of Lawsuit Entitled Carey Cass Hudson v. City of Fort Worth, Fort Worth Police Officers F.V. Anderson and Harris, Cause No. 4- 09 -CV- 483 -A; and Authorize the Appropriate City Personnel to Execute Any Release and Agreement Necessary to Complete the Settlement. Ms. Rita Hudson, 11528 East FM 917, Alvarado, Texas, appeared before Council in opposition to Mayor and Council Communication No. G -17031 and stated she was coerced by legal counsel and the mediator into signing the settlement agreement on behalf of her son when her son had advised that he would not accept the settlement. She further stated that her son had suffered a traumatic brain injury and was unable to work for the past two years. City Attorney Yett advised that this litigation had been mediated and the case was submitted to federal court and it was dismissed. He further advised that the staff recommendation was to approve the settlement. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17031 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. c � c Water Development I. The recommendation was that the City Council adopt a Supplemental Ordinance Authorizing the Issuance and Sale of City of Fort Worth, Texas Water and Sewer System Revenue Bonds, Series 2010B, in the Aggregate Principal Amount of $28,000,000.00; and Approving the Sale of the Bonds to the Texas Water Development Board. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 25 of 34 (G -17032 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17032 be approved as recommended and Supplemental Ordinance No. 19289 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. D. Land 1. M&C L-15040 - Authorize the Sae of Thirtv Six Tax-Foreclosed Pr eres for a Total $1732962.11. (' ti e r a Previous Meetingj The City Council at its meeting of August 17, 2010, continued Mayor and Council Communication No. L- 15040. The recommendation was that the City Council authorize the Sale of 36 Tax Foreclosed Properties in Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $173,962.11; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in Compliance With the Bid Form Specifications to Complete the Sale. Council Member Hicks advised that she would support Mayor and Council Communication No. L -15040 with the following properties being removed from the list sale: 1101 11th Street, 1906 Avenue B, 2701 Bideker Avenue, 2705 and 2712 Hanger Avenue, 605 Maddox Avenue E, 3421 and 3617 Rufus Street and 2667 Thannisch Avenue. Motion: Council Member Hicks made a motion that Mayor and Council Communication No. L -15040 be approved as amended with the following properties removed from the list sale: 1101 11th Street, 1906 Avenue B, 2701 Bideker Avenue, 2705 and 2712 Hanger Avenue, 605 Maddox Avenue E, 3421 and 3617 Rufus Street and 2667 Thannisch Avenue, seconded by Council Member Moss, who requested those properties be reconsidered in the future. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract 1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 26 of 34 (C -24416 Continued) The recommendation was that the City Council authorize the Execution of a Change Order to City Secretary Contract No. 39613 With Motorola Inc., Using Houston - Galveston Area Contract No. RA- 01-08 for Professional Services and Installation of Additional Equipment to Complete the Artistic Lighting Element for the New Rolling Hills Radio Tower for the Information Technology Solutions Department at a Cost of $126,408.00. Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24416 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. to $200,000.00. The recommendation was that the City Council authorize the City Manager to Execute a Contract With Water Management, Inc., for Industrial, Commercial and Institutional Water Conservation Audits in the Annual Amount Up to $200,000.00. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24417 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. and Adopt Appropriation Ordinance. The recommendation was that the City Council authorize the Transfer of $1,057,936.00 From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $740,555.20 and to the Sewer Capital Projects Fund in the Amount of $317,380.80; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, For the Purpose of Funding Hot Mix Asphaltic Concrete Surface Overlay 2010 -3 at Various Locations; and Authorize the City Manager to Execute a Contract With Peachtree Construction, Ltd., in the Amount of $2,115,872.00 for 240 Calendar Days for Hot Mix Asphaltic Concrete Surface Overaly 2010 -3 at 29 Locations. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24418 be approved as recommended and Appropriation Ordinance No. 19290 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 27 of 34 c c Apartment and Adopt Appropriation The recommendation was that the City Council authorize the City Manager to Execute a Contract With Intercon Environmental, Inc., for Demolition and Asbestos Abatement Services for the Former Granbury Hills Apartment Complex in the Amount of $598,076.85; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Environmental Protection Project Fund in the Amount of $393,798.95, From Available Funds, for the Demolition and Asbestos Abatement Services and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Fort Worth Housing Finance Corporation Fund in the Amount of $204,277.90, From Available Funds for the Demolition and Asbestos Abatement Services for the Former Granbury Hills Apartment Complex. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24419 be approved as recommended with appreciation to District 6 residents and Appropriation Ordinance Nos. 19291 -08 -2010 and 19292 -08- 2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 011 Q 1111 711 11111111111111111111 N' 1, ti Main Line Relocation. The recommendation was that the City Council authorize Amendment No. 4 in the Amount of $24,351.00 to City Secretary Contract No. 37273, an Engineering Services Agreement With Carter & Burgess, to Add Land Acquisition Services for the Burlington Northern Santa Fe Railroad Connector Track and Main Line Relocation, Thereby Increasing the Total Fee to $1,152,833.48. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24420 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-24421 - Authorize Adoption of the Proposed Fiscal Year 2010-2011 Schedule of Rates and Charges for the City of Fort Worth Airports. The recommendation was that the City Council adopt the Proposed Fiscal Year 2010 -2011 Schedule of Rates and Charges for the City of Fort Worth Airports. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24421 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 28 of 34 , 1 The recommendation was that the City Council authorize the Use of Revenue Derived From Mineral Leases on City Owned Airports in the Amount of $470,000.00 for the Production of a Heliport Layout Plan and for the Provision of Design and Construction Management Services Associated With Interim Improvements at the Selected Site; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Downtown Heliport Project Section of the Airports Gas Lease Project Fund in the Amount of $470,000.00, From Available Funds; and Authorize the City Manager to Execute an Engineering Services Agreement With URS Corporation. It was the consensus of the Council that Mayor and Council Communication No. C -24422 be continued until the September 14, 2010, Council meeting. Council Member Hicks advised that the heliport funding was from federally restricted aviation dollars acquired from drilling on these properties and pointed out that no general funds dollars would be used on this project. She added that the $73M budget deficit was not due to the heliport. 44 Area F for a Downtown Fort Worth The recommendation was that the City Council approve Area F (bounded by I -35W, State Highway 121, East Fourth Street and the Trinity River) as the Selected Site for a Downtown Fort Worth Public Use Heliport, as Recommended by the Aviation Department's 2010 Heliport Feasibility and Siting Study Subject to the Following Conditions; (a) The Aviation Department Shall Work With the Federal Aviation Administration to Establish Arrival and Departure Corridors Utilizing I -35 and State Highway 121, I -30 and the Trinity River as Safety Allows to Minimize the Adverse Impacts of Helicopter Operations Upon Nearby Neighborhoods; (b) The Aviation Department Shall Prescribe Hours of Operation for the Heliport That Begin No Earlier Than 6:00 a.m. and End No Later than 12:00 Midnight, Provided That Helicopter Operations Associated With Police, Medical and Other Emergency Services May Occur at the Heliport at Any Time and Any Other Exceptions Shall be Preapproved in Writing by the Aviation Director; and (c) The Aviation Department Shall Work With Riverside Neighborhood Leaders and the City's Historic Preservation Officer to Commemorate the History of the Selected Site by Designing an Appropriate Historical Marker or a Suitable Work of Public Art for Placement at the Heliport. It was the consensus of the Council that Mayor and Council Communication No. C -24423 be continued until the September 14, 2010, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 29 of 34 9. M &C C -24424 - Authorize the Execution of Agreement with Fort Worth Independent School District in the Amount of $121,880.00 to Operate the 21st Century Community Learning Center Program at Rosemont and Daggett Middle Schools and Adopt Appropriation Ordinance. The recommendation was that the City Council authorize the City Manager to Execute an Agreement With the Fort Worth Independent School District in the Amount of $121,880.00 to Operate the 21st Century Community Learning Center Program and Provide After- School Services at Rosemont and Daggett Middle Schools for the Period of July 1, 2010, Through June 30, 2011; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $121,880.00 for the Purpose of Entering into the Agreement. Council Member Moss advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24424 be approved as recommended and Appropriation Ordinance No. 19293 -08 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Moss. Mayor Moncrief recessed the meeting at 1:00 p.m. XVIIL EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) The Fort Worth City Council reconvened into special session at 1:05 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. City of Fort Worth and Tarrant County Criminal District Attorney's Office v. Greg Abbott, Attorney General of Texas, Cause No. D- 1- GV -10- 001346 -1, in the 345th District Court of Travis County, Texas; b. Legal issues concerning the Brownfields Cleanup Revolving Loan Agreement with BLG Northside Development LP; c. Legal issues concerning health benefits; d. Legal issues related to application of Oncor Electric Delivery Company LLC regarding proposed Willow Creek -Hicks transmission line (PUC Docket No. 38324); and e. Legal issues related to the use of HOME funds; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 30 of 34 2. Deliberate the purchase, sale, 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 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. Mayor Moncrief adjourned the Executive Session of the Fort Worth City Council at 2:05 p.m. to reconvene into the regular City Council meeting. Mayor Moncrief reconvened the meeting at 2:09 p.m. City Secretary Hendrix advised that the City Council would proceed with Agenda Item XV. Budget Hearing and would continue with the regular order of the agenda. L Fiscal Year 2010-2011 Approp cation Ordinance, Debt Service Ordinance and Ad Valorem ax Levy Ordinance. 1. Report of Citv Staff Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. 2. Citizen Presentations Ms. Bunny Gardner, President, Friends of the Fort Worth Public Library (the Friends), 37010 Stoney Creek, appeared before Council in support of the Fort Worth Public Library's mission of free access to information and stated the Friends were in support of the Library Director's recommendation even though it meant closing libraries. Mr. Estrus Tucker, Chair, Human Relations Commission, 3304 Lake Como Drive, appeared before Council in opposition to City Manager's proposed Fiscal Year 2011 (FY 2011) Budget and presented a PowerPoint presentation regarding the Human Relations Commission. He requested that the Community Relations Department be left in tact and funding for support of the Human Relations Commission be put back in the budget. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 31 of 34 (XV. BUDGET HEARING Continued) The following individuals appeared before Council in opposition to Agenda Item XV. Budget Hearing and requested the Council continue funding for the Northside, Meadowbrook and Ridglea Branch libraries. They also stated that studies had shown that there was a correlation between high quality community services and crime or violence. They also stated that adding more fees such as the proposed transportation fee to the water bill would create more problems for people who already could not afford to pay their bills. Two individuals suggested raising the tax rate to the rollback rate in order to recognize the same tax revenue from the previous year. They stated the libraries were an essential part of the education of the children of the City and were an invaluable safe place for people of all ages to spend their time. Ms. Lupe Arriola, member of the Hispanic Chamber of Commerce, 5925 Forest Lane Mr. Allan Howeth, representing Ridglea North Neighborhood Association, 6224 Curzon Avenue Mr. Bill Cranz, 2728 Miro Court Ms. Joan Barcellona, 7512 Marlborough Drive West Ms. Christine Morris, 10308 Gray Oak Lane Mr. Carlos Flores, 1415 Circle Park Boulevard (presented a letter of opposition) Ms. Beverly Branham, 6487 Woodstock Road (displayed photographs of various branch libraries and also referenced a clock tower at a library that she advised was a waste of money) Mr. Robert Snoke, 3826 6th Avenue Ms. Betsy Pepper, President and CEO of the Fort Worth Public Library Foundation, 116 Crestwood Drive, appeared before Council in opposition to Agenda Item XV. Budget Hearing and presented a proposal from the Fort Worth Public Library Foundation to assume management of the Meadowbrook, Northside and Ridglea Branches of the Fort Worth Public Libraries. Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Burns, Hicks, Moss, Burdette, and Zimmerman all stated that libraries were extremely important and requested that staff provide them with actual numbers relative to what closing the libraries would save the City. They also requested staff consider the proposal by the Fort Worth Public Library Foundation and provide an update on the findings. Additionally, Council Member Zimmerman suggested a full partnership with the Library Foundation for the library system as a whole. The following individuals appeared before Council in opposition of Agenda Item XV. Budget Hearing and the merging of the Library and Parks and Community Services Department. They stated that it did not make sense for a Librarian to be managing the City parks. They also requested the City Council respect the public /private investment with the Botanic Garden. Ms. Jennifer Harnish, 7316 Old Mill Run (presented Council with a book entitled, "Fort Worth Parks," by: Susan Allen Kline and the Fort Worth Parks and Community Services Department) Ms. Henrietta Bailey, 6001 Jacqueline Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 32 of 34 (XV. BUDGET HEARING Continued) Ms. Adelaide Leavens, representing Streams and Valleys, Inc., P.O. Box 101373 Ms. Catherine Clyde, 3212 Binyon Avenue Ms. Cherie Hathcock, 4804 Overton Avenue Ms. Jane Bass, 3221 Spanish Oak Drive Ms. Frances Mizell, 6712 Medinah Drive Ms. Susan Miller, 612 Hasten Court Ms. Judy Harman, representing Scenic Fort Worth, 2222 Winton Terrace East Ms. Esther McElfish, representing the North Central Texas Community Alliance, 7112 Martha Lane (She also gave three recommendations: a full audit of all TIF districts; increase in fees for industry participants, such as gas well permit fees; the assessment of an environmental impact fee. She also suggested not supporting Cabella's store any longer in tax incentives.) Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council in opposition of Agenda Item. XV. Budget Hearing and requested better communication to the citizens. Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council in opposition of Agenda Item XV. Budget Hearing and stated the City Council was stripping the City staff down to nothing. He stated that The T had also been stripped down to nothing and for years had been one of the worst bus systems in the state. He stated the Council showed favoritism to the wealthy residents of the City and always found funding for the projects that they wanted but never found funding for what the less fortunate citizens needed. He displayed pictures of a bus stop sign that was damaged and lying on the ground and advised that it was never removed and never replaced. He also showed a picture of a City "Road Work Ahead" sign that was damaged with holes in it. Additionally, he displayed a picture of property in the Stockyards where a gas well sign was covered by overgrown bushes and stated the City was cutting too many corners. The following individuals completed speaker cards in opposition to the proposed Fiscal Year 2010- 2011 Budget as recommended by the City Manager, but did not wish to address the Council. Ms. Catherine Norman, 3220 Spanish Oak Drive Mr. Robert Dawson, P.O. Box 17036 Ms. Anna McElhany, 1917 Hillcrest Street Ms. Erin Carmody, 1143 Clara Street Ms. Elizabeth Basham, representing May Fest, Inc., 6115 Camp Bowie Boulevard, Suite 160 Ms. Rosa Navej ar, 7840 Lake Meredith Ms. Shirley Bain, 2151 Green Oaks Road, Apt 3511 Ms. Gale Cupp, 9225 Heron Drive Ms. Tracy Barry, 6115 Camp Bowie Boulevard, Suite 160 Ms. Nancy Rash, 905 Joey Court, Burleson, Texas 76028 Ms. Erdie Allsup, 725 Edgehill Drive, Hurst, Texas, 76053 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 33 of 34 (XV. BUDGET HEARING Continued) Mr. Ramon Romero, Jr., 421 Conner Avenue Ms. Marilyn Van Ellin, representing Fort Worth Botanic Society, 5404 New Castleton Lane Ms. Susan Kline, 2421 Shirley Avenue Mr. George Boesch, 3716 Wooten Drive Council Member Burns advised that the clock tower that Ms. Branham referenced was built using funds from a private donation. Mayor Moncrief advised that the City Council would continue to hear public comment and review the budget. He encouraged citizens to make suggestions on ways to fund projects and saving money. XVL ZONING HEARING 1. Zoning Docket No. ZC- 10 -116B - City of Fort Worth Planning & Development, 312 NW 28th Street, 2911, 2913, 3107, & 3221 N. Main Street; from: "FR" General Commercial Restricted, "I" Light Industrial, "J" Medium Industrial and "PD -834" Planned Development for all uses in "E" Neighborhood Commercial plus hotel, site plan included to: "FR" General Commercial Restricted and retain "PD -834" Planned Development for E uses plus hotel, site plan included. (Recommended for Approval) (Continued from a Previous Meeting) The City Council at its meeting of August 17, 2010, continued Zoning Docket No. ZC- 10 -116B. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 10 -116B be continued until the September 14, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. XVIL CITIZEN PRESENTATIONS Mr. Luther Perry, 5228 Blue Valley Court, appeared before Council and stated he was a retired Fort Worth Police Officer with the Police Department for 26 years. He also stated that there were many qualified retired citizens that would be willing to volunteer their time and efforts in order to keep the City's libraries, pools, and recreation centers open. He added that he would even support a tax increase if it meant keeping the community services accessible. He advised that he would also be willing to assist in any fundraising efforts. Ms. Esther McElfish, 7112 Martha Lane, advised that Chesapeake Operating, Inc., was using Brentwood Stair and Handley - Ederville Roads for their truck routes. She stated that this was not the approved route that was discussed or approved by Council and pointed out that there were at least 20 trucks per day using this route. She also advised that the curbs near the Quik Trip Convenience Store were damaged from the trucks making short turns. She requested staff contact Chesapeake Operating, Inc., and inform them of the proper route and also discuss enforcement of the approved route. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 24, 2010 PAGE 34 of 34 (XV. CITIZEN PRESENTATIONS Continued) Mayor Moncrief referred Ms. McElfish to Ms. Susan Alanis, Director, Planning and Development Department for resolution. Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that the City produced more newsletters than an area newspaper and stated the Council controlled what was delivered to the citizens. He also referenced an auction of property located at 750 North Henderson, from 33 rental units, nine (9) of the units had red locks. He talked about the items stored in the units and stated it was against the law to take or use those items since they had to be auctioned. He stated the two (2) doors located inside one (1) of the units could have been given to citizens and it was stealing. He implied that a "slum lord" was taking those items for his own use. He explained that this storage building was being demolished and was filled with trash that was going to be taken away as part of the demolition and added that the building should have been cleared by the owner. He added a large roll -off trash container had been delivered to the site and he stated workers placed chemicals, etc., into the container, which he explained was illegal. He stated there was a lot of tax dollars being wasted at that location. XIX. ADJOURNMENT There being no further business, the meeting was adjourned at 4:11 p.m. in memory of Nancy Virginia Stimmel Herpin. These minutes approved by the Fort Worth City Council on the 14`" day of September, 2010. Attest: M V Ma4Hx City Secretary Approved: