Loading...
HomeMy WebLinkAbout2010/11/16-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 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 Tom Higgins, Deputy City Manager David Yett, City Attorney Marty Hendrix, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:21 a.m., on Tuesday, November 16, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Pastor Andrew Nunley, III, Camr)us Drive Community United Methodist Church The invocation was provided by Pastor Andrew Nunley, III, Campus Drive Community United Methodist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. .. w. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of November 9, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 2 of 30 Deputy City Manager Higgins requested that Mayor and Council Communication No. P -11177 be withdrawn from the Consent Agenda. girii '• . 1 1 " '• Deputy City Manager Higgins requested that Mayor and Council Communication No. P -11177 be continued until the December 7, 2010, Council meeting. VII. CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17111 - Authorize the Amendment of the City's Homebuyer Assistance Program to Allow Loans Up to $14,999.00 City -wide, Require Inspections, Eliminate Minimum Housing Ratios for Homebuyers with Third -Party Financing, Increase the Combined Loan to Value Ratio to 105 Percent, and Add a Conflict of Interest Policy. Approved by the City Council as recommended and as follows: Authorizing Amendments to the City's Homebuyer Assistance Program to Increase the Loan Amount City -Wide From $8,500.00 to $14,999.00; Requiring an Inspection by a Licensed Real Estate Inspector; Waiving the Minimum Housing Ratio for Homebuyers Who Receive Third Party Financing if the Third Party Lender Subordinates to the City's Lien; Increasing the Loan to Value Ratio From 100 Percent to 105 Percent and Including Provisions Regarding Compliance With Federal Conflict of Interest Rules. 2. M &C G -17112 - Approve Findings of Ground Transportation Coordinator Regarding Application of 1st Choice Limousines and Transportation Service to Operate One Limousine Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. Approved by the City Council as recommended and as follows: Considering and Adopting the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of One (1) Limousine Upon the City Streets, Alleys and Thoroughfares; 1st Choice Limousines & Transportation Service is Qualified and Financially Able to Conduct a Limousine Service Within the City; 1st Choice Limousines & Transportation Service has Complied With the Requirements of Chapter 34 of the City Code; 1st Choice Limousines & Transportation Service Presented Facts in Support of Compelling Demand and Necessity for One (1) Limousine; the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 3 of 30 (VII. CONSENT AGENDA Continued) (G -17112 Continued) General Welfare of the Citizens of the City Will Best be Served by the Addition of One (1) Limousine Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19430 -11 -2010 Granting the Privilege of Operating Authority to 1st Choice Limousines & Transportation Service for the Use of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of One (1) Limousine, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; and Providing for Written Acceptance by 1 st Choice Limousines & Transportation Service and Subject to and Conditioned on 1 st Choice Limousines & Transportation Service Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 3. M &C G -17113 - Authorize the Temporary Road Closure of Longhorn Road Between Marine Creek Parkway and Old Decatur Road from November 29, 2010 to January 3, 2011 to Facilitate Road Construction Associated with the City of Saginaw Longhorn Road Reconstruction Project. Approved by the City Council as recommended and as follows: Authorizing the Temporary Road Closure of Longhorn Road Between Marine Creek Parkway and Old Decatur Road From November 29, 2010, to January 3, 2011, to Facilitate Road Reconstruction Associated With the City of Saginaw Longhorn Road Reconstruction Project. 4. M &C G -17114 - Adopt Appropriation Ordinance and Authorize Transfer of Funds from the Special Trust Fund, Municipal Court Building Security Project in the Amount of $322,512.00 to Reimburse the General Fund for Fiscal Year 2009 -2010 Building Security Cost. Approved by the City Council as recommended and as follows: Adopting Appropriation Ordinance No. 19431 -11 -2010 Increasing the Estimated Receipts and Appropriations in the Municipal Court Building Security Project Section of the Special Trust Fund in the Amount of $322,512.00, From Available Funds for the Purpose of Reimbursing the General Fund for Fiscal Year 2009 -2010 Building Security Costs; and Authorizing the City Manager to Transfer the Funds From the Special Trust Fund, Municipal Court Building Security Project to the General Fund. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11176 - Authorize Purchase Agreements with Air Liquide America Specialty Gases, L.L.C., and Praxair Distribution, Inc., for Industrial Compressed and Medical Gases for the Laboratory Services Division of the Water Department for an Initial, Annual Combined Amount of $75,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 4 of 30 (VII. CONSENT AGENDA Continued) (P -11176 Continued) Approved by the City Council as recommended and as follows: Authorizing Purchase Agreements With Air Liquide America Specialty Gases, L.L.C., and Praxair Distribution, Inc., for Industrial Compressed and Medical Gases for the Laboratory Services Division of the Water Department for an Initial, Annual Combined Amount of $75,000.00. 3. M &C P -11178 - Authorize a Purchase Agreement with Consolidated Traffic Controls, Inc., Using a Houston- Galveston Area Council Cooperative Contract, for Opticom Traffic Signal Preemption Equipment for the Transportation and Public Works Department for an Initial Amount of $63,000.00. Approved by the City Council as recommended and as follows: Authorizing a Purchase Agreement With Consolidated Traffic Controls, Inc., Using Houston - Galveston Area Council Contract No. PE05 -09, for Opticom Traffic Signal Preemption Equipment for the Transportation and Public Works Department for an Initial Amount of $63,000.00. 4. M &C P -11179 - Authorize a Sole Source Purchase Agreement with Texas Commission on Environmental Quality to Provide Chemical Analysis for the Water Department for an Initial Amount of $82,000.00. Approved by the City Council as recommended and as follows: Authorizing a Sole Source Purchase Agreement With Texas Commission on Environmental Quality to Provide Chemical Analysis for the Water Department for an Initial Amount of $82,000.00. 5. M &C P -11180 - Authorize a Purchase Agreement with Cohu, Inc., Electronics Division, for Traffic Camera Systems Using a State of Texas, Department of Information Resources, Contract for a Total Amount of $102,574.00 for the Transportation and Public Works Department. Approved by the City Council as recommended and as follows: Authorizing a Purchase Agreement With Cohu, Inc., Electronics Division, for Traffic Camera Systems Using State of Texas, Department of Information Resources, Contract Number DIR -SDD -563 for a Total Amount of $102,574.00 for the Transportation and Public Works Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 5 of 30 (VII. CONSENT AGENDA Continued) C. Land - Consent Items 1. M &C L -15099 - Authorize the Direct Sale of City Owned Commercial Property Located at 2909 Mitchell Boulevard to the Fort Worth Northside Community Health Center, Inc., in the Amount of $67,600.00 and Adopt a Resolution Stating the Conditions of the Conveyance and the Public Purpose to be Achieved. Approved by the City Council as recommended and as follows: Approving the Direct Sale of City - Owned Commercial Property Comprised of Lots N, O, P, Q, & R, Block 8, of the Wesleyan Hills Addition at 2909 Mitchell Boulevard, to the Fort Worth Northside Community Health Center, Inc., for the Development of a Community Health Center in Accordance With Local Government Code Section 272.001(i) in the Amount of $67,600.00; Authorizing the Appropriate City Representatives to Execute the Documents Necessary to Complete the Sale of the Property; and Adopting Resolution No. 3932 -11 -2010 Authorizing the Conditions and Circumstances of the Conveyance of 2909 Mitchell Boulevard to the Texas Community Development Corporation and Findings of Public Purpose to be Achieved, in Accordance With Texas Local Government Code Section 272.001(i). 2. M &C L -15100 - Authorize Conveyance of a Nonexclusive Access Easement on City -Owned Property Located in the Villages at Evans and Rosedale on the Northbound Frontage Road of South Freeway (I -35) to Cypress Equities I, LP, a Texas Limited Partnership. Approved by the City Council as recommended and as follows: Authorizing the Conveyance of a Non - Exclusive Access Easement on a Portion of City -Owned Property Located on the Northbound Frontage Road of South Freeway (I -35) in the Villages at Evans and Rosedale, Described as 1,537 Square Feet of Lot 17R, Block 3, W. J. Boaz's Subdivision, F. Richards Survey, Abstract Number 1297, Fort Worth, Tarrant County, Texas to Cypress Equities I, LP, a Texas Limited Partnership; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Easement to Cypress Equities I, LP. 3. M &C L -15101 - Authorize the Purchase of a Fee Simple Interest in 0.247 Acres of Land Located at 8652 Bryson Lane from Johnny and Emerita Nixon for a Total of $8,400.00 and Pay the Estimated Closing Costs of $1,500.00 for Right -of -Way for the Old Decatur Road Widening Project from Bailey - Boswell Road to WJ Boaz Road. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of a Fee Simple Interest in 0.247 Acre of Land Located at 8652 Bryson Lane, Described as Lot 2, Block 1, Miller -Nixon Addition, Fort Worth, Texas, From Johnny and Emerita Nixon for Right -of -Way; Finding That the Total Price of $8,400.00 is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $1,500.00 for Right -of -Way for the Old Decatur Road Widening Project From Bailey- Boswell Road to W.J. Boaz Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 6 of 30 (VII. CONSENT AGENDA Continued) 4. M &C L -15102 - Authorize the Acceptance of a Dedication Deed from Eagle Mountain - Saginaw Independent School District, at No Cost to the City of Fort Worth for 0.223 Acres of Land for the Right -of -Way Required for the Widening of Old Decatur Road from Bailey - Boswell Road to W J Boaz Road. Approved by the City Council as recommended and as follows: Authorizing the Acceptance of a Dedication Deed From Eagle Mountain - Saginaw Independent School District, Described as Lot 1, Block 1, Bryson Elementary School Addition, Fort Worth, Tarrant County, Texas, at No Cost to the City of Fort Worth for 0.223 Acre of Land for the Right -of -Way Required for the Widening of Old Decatur Road From Bailey - Boswell Road to W. J. Boaz Road; and Authorizing the City Manager, or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. E. Award of Contract - Consent Items 1. M &C C -24585 - Authorize Amendment No. 2 to City Secretary Contract No. 37970 with Salvaggio, Teal and Associates, in the Amount of $90,000.00, to Provide Continued Implementation Oversight and Assistance for the Implementation of PeopleSoft for Human Resources and Payroll. Approved by the City Council as recommended and as follows: Authorizing Amendment No. 2 to City Secretary Contract No. 37970 With Salvaggio, Teal and Associates, in the Amount of $90,000.00, to Provide Continued Implementation Oversight and Assistance for the Implementation of PeopleSoft for Human Resources and Payroll. 2. M &C C -24586 - Authorize the Execution of an Agreement with Motorola Inc., Using a Houston - Galveston Area Contract No. RA -01 -08 for Equipment and Professional Services to Install Public Safety Radio System Infrastructure at the Fort Worth Convention Center at a Cost of $160,354.00, and Adopt Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund by the Same Amount and Decrease the Unaudited, Unreserved, Undesignated Fund Balance of that Fund by the Same Amount. Approved by the City Council as recommended and as follows: Authorizing Execution of an Agreement With Motorola Inc., Using Houston - Galveston Area Contract No. RA 01 -08 for Equipment and Professional Services to Install Public Safety Radio System Infrastructure at the Fort Worth Convention Center at a Cost of $160,354.00; and Adopting Appropriation Ordinance No. 19432 -11 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $160,354.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance of That Fund by the Same Amount. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 7 of 30 (VII. CONSENT AGENDA Continued) 3. M &C C -24587 - Authorize Service Contracts with Oracle America, Inc., for Annual Maintenance and Support for the PeopleSoft Enterprise Human Capital Management of Enterprise Resource Planning Phase I and Related Software in an Annual Amount Not to Exceed $240,508.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Service Contracts With Oracle America, Inc., for Annual Maintenance and Support for the PeopleSoft Enterprise Human Capital Management of Enterprise Resource Planning Phase I and Related Software in Annual Amount Not to Exceed $240,508.00. 4. M &C C -24588 - Authorize the Execution of a Consent to Assignment of Tax Abatement Agreement with Alliance Gateway No. 11, Ltd., City Secretary Contract No. 36458 to Allow Assignment of the Agreement to JPMorgan Chase Bank, N.A. or an Affiliate. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Consent to Assignment of Tax Abatement Agreement With Alliance Gateway No. 11, Ltd., City Secretary Contract No. 36458 to Allow Assignment of the Agreement to JPMorgan Chase Bank, N.A. or an Affiliate. 5. M &C C -24589 - Authorize Execution of Economic Development Program Agreement with TTI, Inc., for the Reconstruction of a Portion of Northeast Parkway and the Retention of the TTI, Inc., Headquarters. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Economic Development Program Agreement With TTI, Inc., For the Reconstruction of a Portion of Northeast Parkway and the Retention of the TTI, Inc., Headquarters. 6. M &C C -24590 - Authorize a Five Year Tax Abatement Agreement with Blake Hamilton for Property Located at 317 West Hammond Street in the Hemphill/Berry Neighborhood Empowerment Zone. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Enter Into a Five (5) Year Tax Abatement Agreement With Blake Hamilton for the Property at 317 West Hammond Street, Described as Lot 5, Block 30, South Side Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, in the Hemphill/Berry Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 8 of 30 (VII. CONSENT AGENDA Continued) 7. M &C C -24591 - Authorize Execution of Amendment No. 3 to City Secretary Contract No. 33575, an Enhanced Community Facilities Agreement with Waterview Estates, L.P., for Extension of the Project Deadline to December 31, 2014. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Amendment No. 3 to City Secretary Contract No. 33575, an Enhanced Community Facilities Agreement With Waterview Estates, L.P., for Extension of the Project Deadline to December 31, 2014. 8. M &C C -24592 - Authorize the Execution of a Professional Services Contract with Accutest Laboratories Gulf Coast, Inc., for Laboratory Analytical Services, Not to Exceed $100,000.00 Per Contract Year. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Professional Services Contract Not to Exceed $100,000.00 Per Contact Year for the Transportation and Public Works Department, Environmental Service Division, With Accutest Laboratories Gulf Coast, Inc., for Laboratory Analytical Services. 9. M &C C -24593 - Authorize Amendment No. 1 in the Amount of $213,605.00 to City Secretary Contract No. 35237, an Engineering Agreement with Halff Associates, Inc., for the Storm Water Utility Project -Glen Garden Drainage Improvements. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $213,605.00 to City Secretary Contract No. 35237, an Engineering Agreement With Halff Associates Inc., for the Storm Water Utility Project -Glen Garden Drainage Improvements Thereby Revising the Total Contract Cost to $277,255.00. 10. M &C C -24594 - Authorize the Execution of a Contract in the Amount of $519,984.90 with Westhill Construction, Inc., for Concrete Restoration 2010 -11 at Eighteen Locations and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the Transfer of $519,984.90 From the Contract Street Maintenance Fund to the General Fund; Adopting Appropriation Ordinance No. 19433 -11 -2010 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $519,984.90 From Available Funds for the Purpose of Funding Concrete Restoration 2010 -11 at 18 Locations; and Authorizing the City Manager to Execute a Contract With Westhill Construction, Inc., for 150 Calendar Days. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 9 of 30 (VII. CONSENT AGENDA Continued) 11. M &C C -24595 - Authorize an Engineering Agreement in the Amount of $60,057.00 with Freese & Nichols, Inc., for the Brennan Avenue Drainage Improvements Project. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement With Freese & Nichols, Inc., in the Amount of $60,057.00 for Scope Assessment of the Brennan Avenue Drainage Improvements Project. 12. M &C C -24596 - Authorize the Execution of An Architectural Agreement in the Amount of $111,500.00, Including Up to $10,000.00 for Reimbursable Expenses, with Hahnfeld, Hoffer, and Stanford for Design Documents to Renovate the Coliseum Restrooms at the Will Rogers Memorial Center and Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $598,000.00 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Architectural Agreement in the Amount of $111,500.00, Including Up to $10,000.00 for Reimbursable Expenses, With Hahnfeld, Hoffer, and Stanford for Design Documents to Renovate the Coliseum Restrooms at the Will Rogers Memorial Center; and Adopting Supplemental Appropriation Ordinance No. 19434 -11 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $598,000.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Renovation. 13. M &C C -24597 - Authorize the Execution of an Interlocal Agreement with the Dallas/Fort Worth International Airport Board for Mutual and Automatic Aid Fire Protection. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a One (1) Year Agreement With Automatic One (1) Year Renewals With the Dallas/Fort Worth International Airport Board for Mutual and Automatic Aid Fire Protection. 14. M &C C -24598 - Authorize an Agreement for the Transfer of Ownership of the Donated 1940 Mack Fire Engine to the Fort Worth Fire Association Local 440. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Agreement for the Transfer of Ownership of the 1940 Mack Fire Engine, Model 80, Serial No. 8OLS1050 Valued at $25,000.00 to the Fort Worth Fire Association Local 440 (the Association) for the Valuation Amount, Provided the Association Grants to the City, in Exchange for $25,000.00 Consideration, (1) a Perpetual, Non - Exclusive Right to Use the 1940 Fire Engine Upon Request to the Association, Which Request Shall Not be Unreasonably Denied; and (2) a Right of First Refusal so That the City Will be Notified Prior to Any Transfer of Ownership of the 1940 Fire Engine and Given an Opportunity to Become the Owner of the Fire Engine if the City Pays the Association $25,000.00, Regardless of What Other Offer Has Been Received by the Association. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 10 of 30 (VII. CONSENT AGENDA Continued) 15. M &C C -24599 - Authorize the Execution of a Terminal Building Office Lease Agreement with Rich Aviation Services at Fort Worth Meacham International Airport. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Terminal Building Office Lease Agreement With Rich Aviation Services at Fort Worth Meacham International Airport. 16. M &C C -24600 - Authorize the Execution of Amendment No. 3 to City Secretary Contract No. 38473 with URS Corporation in the Amount of $244,350.00 for Developing and Updating Land Use Compatibility and Height Restriction Regulations for Airports within the City of Fort Worth and Adopt Appropriation Ordinances. Approved by the City Council as recommended and as follows: Authorizing the Use of Revenue Derived From Gas Well Drilling on City -Owned Airports in the Amount of $244,350.00 for Developing and Updating Land Use Compatibility and Height Restriction Regulations for Airports Within the City of Fort Worth; Adopt Appropriation Ordinance No. 19435 -11 -2010 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $244,350.00, From Available Funds for the Purpose of Transferring Said Funds to the Municipal Airports Fund for Developing and Updating Land Use Compatibility and Height Restriction Regulations for the Airports Within the City of Fort Worth; Authorizing the Transfer of Funds From the Airports Gas Lease Project Fund to the Municipal Airports Fund; Adopting Appropriation Ordinance No. 19436 -11 -2010 Increasing the Estimated Receipts and Appropriations in the Municipal Airports Fund From Available Funds; and Authorizing the City Manager to Execute Contract Amendment No. 3 to City Secretary Contract No. 38473 With URS Corporation. 17. M &C C -24601 - Authorize a Contract in the Amount of $445,719.00 with William J. Schultz, Inc., d /b /a Circle "C" Construction for the Sanitary Sewer Main 292 -C Relocation for the Little Fossil Creek Flood Control Improvements Project for the Water Department. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract in the Amount of $445,719.00 With William J. Schultz, Inc., d /b /a Circle "C" Construction for the Sanitary Sewer Main 292 -C Relocation for the Little Fossil Creek Flood Control Improvements Project for the Water Department. 18. M &C C -24602 - Authorize an Engineering Agreement in the Amount of $390,685.00 with Kimley Horn and Associates, Inc., for the North Holly High Service Pump Station Discharge Pipe Replacement Project. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement With Kimley Horn and Associates, Inc., in the Amount of $390,685.00 for the North Holly High Service Pump Station Discharge Pipe Replacement Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 11 of 30 (VII. CONSENT AGENDA Continued) 19. M &C C -24603 - Authorize Change Order No. 1 in the Amount of $42,427.00 to City Secretary Contract No. 39655 with Ark Contracting Services, LLC, for the Village Creek Reclaimed Water Eastern Delivery System Pump Station No. 1, Located at the Village Creek Wastewater Treatment Plant. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $42,427.00 to City Secretary Contract No. 39655 With Ark Contracting Services, LLC, for the Village Creek Reclaimed Water Eastern Delivery System Pump Station No. 1, Thereby Revising the Total Contract to $3,210,007.00. 20. M &C C -24604 - Authorize a Contract with Landmark Structure I L.P., in the Amount of $537,182.03 for Safety and Regulatory Improvements to Fort Worth Water Storage Facilities to Include Armstrong Elevated Storage Tank, Calmont Elevated Storage Tank, Lake Country Elevated Storage Tank, Meadowbrook Elevated Storage Tank, Northwest Elevated Storage Tank, Sun Country Elevated Storage Tank and Como Ground Storage Tank. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract With Landmark Structure I L.P., in the Amount of $537,182.03 for Safety and Regulatory Improvements to Fort Worth Water Storage Elevated Storage Tank (EST) and Ground Storage Tank (GST) Facilities to Include Armstrong EST 7400 Trail Lake Drive, Calmont EST 6600 Calmont Avenue, Lake Country EST 8516 Spring Street, Meadowbrook EST 4601 Bridge Street, Northwest EST 3216 Azle Avenue, Sun Country EST 5800 West Stewart Feltz Road in Crowley and Como GST 5820 Blackmore Avenue. 21. M &C C -24605 - Authorize Execution of Amended and Restated Lease Agreement with the Fort Worth Junior Golf Foundation, Inc., d /b /a The First Tee of Fort Worth, for Portions of Rockwood Park and Golf Course for the Development, Construction and Operation of a Youth Golf Practice Facility/Learning Center. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Amended and Restated Lease Agreement With the Fort Worth Junior Golf Foundation, Inc., d /b /a The First Tee of Fort Worth, for Portions of Rockwood Park and Golf Course for the Development, Construction and Operation of a Youth Golf Practice Facility/Learning Center. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS -1795 - ce of Claims for Alleged Da s es a/ r res End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 12 of 30 B. Purchase of Equipment, Materials, and Services - (Removed from Consent for Individual Consideration) 2. M &C P -11177 - Authorize the Purchase of Five Heavy Duty Trucks from Sam Packs Five Star Ford for the Transportation and Public Works, Water, Fire and Code Compliance Departments for an Amount of $203,515.00. The recommendation was that the City Council Authorize the Purchase of Five (5) Heavy Duty Trucks From Sam Pack's Five Star Ford for the Transportation and Public Works, Water, Fire and Code Compliance Departments for an Amount of $203,515.00. It was the consensus of the Council that Mayor and Council Communication No. P -11177 be continued until the December 7, 2010, Council meeting. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,. 1. Presentation of Proclamation for Y Sa tas Season Mayor Pro tem Scarth presented the Proclamation for Cowboy Santas Season to Mr. Marc Spencer, Cowboy Santas Board Member. He stated since 1981, the Cowboy Santas program, a citywide effort operated through the Parks and Community Services Department, had provided toys to low- income children aged 12 years and under throughout Fort Worth and Tarrant County. He further stated that the compassion of local television and radio stations, area businesses and a number of national toy drive participants had greatly assisted in an effort to collect the toys and funds that were needed to support this exceptional program. He advised that the unrelenting and selfless dedication exhibited by City employees as well as private citizens, in addition to charitable organizations, was largely responsible for the progress of this partnership. He pointed out that despite the challenging economy during the 2009 holiday season, the Cowboy Santas program served more than 5,000 families and provided gifts for 12,343 children. He stated the program also accumulated more than $104,726.00 in monetary contributions and $772,260.00 in in -kind donations with the assistance of numerous volunteers who donated 2,988 hours of their time bagging and delivering $59,670.00 worth of toys to Fort Worth families. Mr. Spencer expressed appreciation to the Council for the proclamation and support of the Cowboy Santas program. He encouraged everyone to volunteer their time and provide donations to help support children in the City. He invited everyone to attend the kickoff Gala on November 23, 2010, from 5:00 p.m., to 7:00 p.m., at the Cowboy Santas headquarters located at 801 Grove Street. Mayor Moncrief expressed appreciation to all of the Cowboy Santas program volunteers and reiterated the importance of the program. He encouraged everyone to donate their time and money to help support families in the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 13 of 30 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #1 Continued) Mayor Pro tem Scarth expressed appreciation to Mayor Moncrief and his wife Rosie for their support of the Cowboy Santas program and stated he was excited about this season of giving. 1. Upcoming and Recent Events Council Member Burns announced that a meeting hosted by the Modern Streetcar Task Force would be held on November 16, 2010, at 6:00 p.m., in the Council Chamber to discuss the Fort Worth Modern Streetcar Study and would focus on the recommended starter alignment and business plan. He stated that public participation was welcomed and advised that project team members would be available at the meeting to answer any questions. He also advised that a modern streetcar would be available for the public to view on November 17, 2010, in front of the Trinity River Vision Authority corner of 7th Street and Throckmorton Street. He stated that the Unveiling Ceremony for the streetcar would begin at 2:15 p.m., and invited everyone to come see the streetcar and how they could improve public transportation. He announced that the Parade of Lights event would be held on November 26, 2010. He stated the Holiday Fun Zone presented by XTO Energy would take place in the Chisholm Trail parking lots between 3rd and 4th Streets beginning at 2:00 p.m. and the parade would begin at 6:00 p.m. He also announced that the Annual Candlelight Christmas in Ryan Place Holiday Home Tour would celebrate its 27th anniversary during the weekend of December 3 through 4, 2010. He encouraged those interested to visit www.HistoricRyanPlace.ora for more information. He stated #3 ranked Texas Christian University (TCU) football team defeated San Diego State 40 -35 and advised that the next football game would be against New Mexico State University on November 27, 2010, at 3:00 p.m. He advised that the implosion for the TCU football stadium was set for December 5, 2010. He stated a TCU neighborhood meeting regarding neighborhood concerns relative to the demolition of the stadium would be held on November 30, 2010, at 6:00 p.m., in the Brown - Lupton University Union (BLUU) Ballroom, C & D. He encouraged those interested in any of the events that were announced to contact the District 9 Office at 817 - 392 -8809 for more information. Council Member Moss announced a rezoning meeting would be held for the area bounded by Miller Avenue, Rosedale Street, Lloyd Street and Ramey Street on November 18, 2010, from 6:30 p.m., to 7:30 p.m., at the Rising Star Baptist Church, located at 4216 Avenue M. He also announced that the Lake Arlington Vision meeting would be held on November 20, 2010, from 9:30 a.m., to 12:00 p.m., at the Tarrant County College Opportunity Center, located at 5901 Fitzhugh Avenue. He stated the meeting would include updates and overviews of various projects and plans for the future of this area. He encouraged those interested to contact the District 5 Office at 817 - 392 -8805 for more information. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 14 of 30 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Council Member Jordan advised that a dedication ceremony for The Prairie Wind at C.P. Hadley Park, a public art project, and numerous other capital improvement projects was held on November 13, 2010. He stated it was a major accomplishment in roadways, parks and public art and expressed appreciation to all volunteers and staff from the Transportation and Public Works Department, Parks and Community Services Department and the Arts Council for their support in planning the projects and ceremony. He also advised that on November 19, 2010, at 10:00 a.m., the Granbury Hills Apartment Complex would be demolished and invited everyone to attend the demolition. He stated this site had been in disrepair and an eye sore for a long time. He stated the bowling alley which once stood next door to the apartment complex had already been demolished. (Council Member Jordan left his place at the dais.) Council Member Espino announced the Texas Department of Transportation would hold a public meeting regarding proposed improvements to I -35 West between I -30 and Loop 820, on November 16, 2010, from 7:00 p.m., to 9:00 p.m., at Calvary Christian Academy, located at 1401 Oakhurst Scenic Road. He stated the meeting would be an open house format with no formal presentations and representatives would be available to answer questions. He also announced that a meeting regarding air quality relative to a standard permit application submitted by P &L Cast Stone, Inc., for a Cement Batch Plant located at 4000 Haslet Roanoke Road would be held on November 16, 2010, at 7:00 p.m., in the John Tidwell Middle School Cafeteria. He encouraged residents with concerns related to the close proximity to the school and increased traffic to attend the meeting. Mayor Pro tem Scarth announced that the National Multicultural Western Heritage Museum would hold their 2010 Hall of Fame Induction Ceremony on November 20, 2010. He also advised that the Western Heritage Symposium would be held on November 20, 2010, from 9:00 a.m., to 3:00 p.m., at the Multicultural Western Heritage Museum and encouraged those interested to visit www.cowbovsofcolor.org for more information. Council Member Hicks advised that three (3) items were approved on the Consent Agenda that she wanted to discuss: She stated that Mayor and Council Communication No. C -24593 was an Engineering Agreement with Halff Associates, Inc., for the storm water utility project of the Glen Garden Drainage Improvements. She pointed out this was an important improvement for this area and was needed for many years. She advised that Mayor and Council Communication No. L -15099 was the sale of City -owned commercial property located at 2909 Mitchell Boulevard. She stated that this property would be used for a Federal Health Center which was in high demand in the area. She added that Mayor and Council Communication No. L -15100 was the conveyance of a nonexclusive easement on City -owned property located in the Villages at Evans and Rosedale and stated this was important for redevelopment and traffic flow in the area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 15 of 30 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) (Council Member Jordan returned to his place at the dais.) At the request of Mayor Moncrief, Police Chief Jeffrey Halstead advised of the incidents relative to the BB gun shootings on Vickery Boulevard and Bryant Irvin Road that were under investigation. He stressed that no specific groups were targeted and that the shootings were random. He advised that a cash reward was available and encouraged those with any information to contact the Crime Stoppers Hotline. He added that undercover and uniformed Police Officers were present in the area and he hoped to have a resolution in the near future. Council Member Zimmerman expressed appreciation to Chief Halstead and Police Department staff for the timely information provided to him last weekend relative to the shootings. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. PRESENTATIONS c ND/OR COMMUNICATIONS FROM BOARDS, AND/OR CITY COUNCIL COMMITTEES There were no presentations and /or communications from boards commissions and /or City Council committees. XIIL RESOLUTION 1. A Resolution Adopting the City f Fort Worth's 2011 State Legislative Program Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Resolution No. 3933 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 16 of 30 XIV. REPORT OF THE CITY MANAGER B. General The recommendation was that the City Council Approve the Settlement of a Lawsuit Entitled Lino Estrella v. City of Fort Worth, Texas; Authorize the Payment of $90,000.00 to Lino Estrella and the Law Offices of Richard C. Jaramillo in Full and Final Settlement; and Authorize the Appropriate City Personnel to Execute the Releases and Agreements Necessary to Complete the Settlement. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17115 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council Adopt a Resolution to Notify the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth That the Fort Worth City Council Intends to Consider and Vote on Amendments to the Retirement Ordinance for Non -Civil Service Employees Hired on or After March 1, 2011, That Will Reduce a Non - Accrued Benefit Provided by the Retirement System, That Will Increase the Vesting Period, Change the Definition of Earnings, Change the Compensation Base for Determining Benefits, Lower the Multiplier, Change Vested Termination Benefits, Eliminate the DROP, Increase the Minimum Age Requirement for Early Retirement and Change the Normal Retirement Date. City Attorney Yett requested the Council defer action on this item following further discussion in Executive Session. Mr. Douglas Harman, 2222 Wonton Terrace, appeared before Council in support of Mayor and Council Communication No. G -17116 and advised that approving this item would not resolve the huge pension problem. He stated the City Council must take other action and recognize that local tax payers were responsible for funding the fiscal obligations of the City created by the retirement program. He urged the Council to do more than "tweak" the pension system. He stated that tax payers had not had CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 17 of 30 (G -17116 Continued) proper representation in the pension system considerations. He urged the Council to take the following action and stated that the City should provide a quarterly report to the public on the fiscal status of the pension program with updated projections. He stated that a Pension Fiscal Review Committee should be established in cooperation with the Fort Worth Chamber of Commerce and citizen representatives to review and comment on the quarterly reports and make recommendations on pending issues. He added that the Audit and Finance Committee should be asked to play a more active role in the pension discussions. He also stated that the Council should pledge to the citizens that the agreements in 2011 and 2012 would be given broad public review and be structured within the context of the proposed budget for the next fiscal years and added the Council should make it known now that the next police and fire agreements would be consistent with the major pension changes being made for general employees. (provided a handout of his statement to Council) ..... General Fund � 1 Balance Authorize Fiscal Year 2010 to the Public A2encies Retirement Services for Retiree Health Care. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $5,000,000.00, and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount for the Purpose of Transferring Said Funds to the Public Agencies Retirement Services Retiree Health Care; and Authorize the Transfer to the Public Agencies Retirement Services Retiree Health Care for Fiscal Year 2010. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17117 be approved and Appropriation Ordinance No. 19437 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. MSC G -17118 - Pursuant to the Requirements of a Recent Amendment to a SEC Rule, Adopt an r i a ce Amending Or i a ce No. 17462-03-2007 Which AMroved and Authorized the Issuance of City of Fort Worth, Texas Water and Sewer System Commercial Pater Notes, Series A in the Maximum The recommendation was that the City Council, Pursuant to the Requirements of a Recent Amendment to a United States Securities and Exchange Commission Rule, Adopt an Ordinance Amending Ordinance No. 17462 -03 -2007 Which Approved and Authorized the Issuance of City of Fort Worth, Texas Water and Sewer System Commercial Paper Notes, Series A in the Maximum Principal Amount of $150,000,000. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 18 of 30 (G -17118 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17118 be approved and Ordinance No. 19438 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. MSC G -17119 - Authorize the Acceptance of an Anonymous Donation of $25,527.00 for the Purchase of Equiment for Various Fire Stations and Adout Autwouriation Ordinances. The recommendation was that the City Council Authorize the City Manager to Accept a Monetary Donation in the Amount of $25,527.00 From an Anonymous Donor; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Special Gifts Fund by $25,527.00 Subject to Receipt of a Monetary Donation for the Purpose of Transferring Said Funds to the General Fund for the Purchase of Equipment for Various Fire Stations; Authorize the Transfer From the Special Gifts Fund to the General Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund by $25,527.00 From Available Funds; and Authorize the Purchase of Equipment in Accordance With City Regulations and State Laws. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17119 be approved with appreciation for the donation to the fire stations and Appropriation Ordinance Nos. 19439 -11 -2010 and 19440 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. c c 6 Sam= M March 31, 2012. 1 The recommendation was that the City Council Adopt an Ordinance Appointing Benita Falls Harper as a Municipal Judge for the Unexpired Portion of a Two (2) Year Term Commencing December 6, 2010, and Ending March 31, 2012, or Until a Successor is Qualified and Appointed in Accordance With State Law. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -17120 be approved and Ordinance No. 19441 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 19 of 30 ........, Sewer Infrastructure Pr ects. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects 04 Fund in the Amount of $35,500,000.00 and in the Sewer Capital Project 04 Fund in the Amount of $14,500,000.00, From the Proceeds of Water and Sewer System Revenue Bonds, Series 2010C, for the Purpose of Funding Approved Water and Sewer Infrastructure Projects. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -17121 be approved and Appropriation Ordinance No. 19442 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 8. MSC Gm17122 m Authorize the Use of $138 ,160.00 in Tree Removal Fees Revenue $100,0 0 00 in s Royalty Reven e and a $100 , 000.00 Do ation from sa e e Energy Corporation, Fund the Community TELt Planting Program and Adopt Appropriation Or i a ces. The recommendation was that the City Council Authorize the Use of $138,160.00 of Tree Removal Fee Revenue and $100,000.00 From Chesapeake Energy Corporation to Fund the Community Tree Planting Program; Authorize the Use of $100,000.00 of Parks Royalty Revenue to Fund the Community Tree Planting Program; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Park Gas Lease Project Fund in the Amount of $100,000.00 From Available Funds, for the Purpose of Transferring Said Funds to the Community Tree Planting Program Fund for the FY2011 Community Tree Planting Program; Authorize the Transfer From the Park Gas Lease Project Fund to the Community Tree Planting Program Fund; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Community Tree Planting Program Fund in the Amount of $338,160.00, From Available Funds. 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. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17122 be approved and Appropriation Ordinance Nos. 19443 -11 -2010 and 19444 -11 -2010 be adopted. The motion carried eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 20 of 30 C. Purchase of Equipment, Materials, and Services 1. MSC P -11181 - Authorize Purchase Agreements with Praxair, Inc., as Primary Vendor and Air Products and Che r the Water RoArtment for an Initial Combined Annual Amount of $987,000.00 The recommendation was that the City Council Authorize Purchase Agreements With Praxair, Inc., as Primary Vendor and Air Products and Chemicals, Inc., as Secondary Vendor for Liquid Oxygen for an Initial Combined Annual Amount of $987,000.00. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P -11181 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M&C P -11182 - Authorize a Purchase Agreement with Structural & Steel Products Inc Streetlight Poles for the Tranwortation and Public Works Department for an Initial Amount of $8972501.00. The recommendation was that the City Council Authorize a Purchase Agreement With Structural & Steel Products, Inc., for the Transportation and Public Works Department Based on a Sole Bid Received for Streetlight Poles for an Initial Amount of $897,501.00. Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P -11182 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. D. Land ....................... The recommendation was that the City Council Consider the Direct Sale of City-Owned Property Located at 11310 South Freeway, Described as William Stone Survey, A 1400 Tract 1, to VLMC, Inc., in Accordance With 272.001(b)(1) of the Texas Local Government Code for the Amount of $44,000.00 for the Purpose of Constructing a Natural Gas Drill Site; and Authorize the Appropriate City Representatives to Execute the Documents Necessary to Complete the Sale. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-15103 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 21 of 30 F. Award tract The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water and Sewer Gas Lease Capital Projects Fund in the Amount of $500,000.00 From Available Funds, for the Purpose of Transferring Said Funds to the General Fund; Authorize the Transfer From the Water and Sewer Gas Lease Capital Projects Fund to the General Fund Due to a Declared Surplus of Funds; Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund From Available Funds for the Purpose of Funding the City's Commitment to the Fort Worth Museum of Science and History's Capital Campaign; and Authorize the Execution of a Contract in an Amount Not to Exceed $500,000.00 With the Fort Worth Museum of Science and History. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24606 be approved with appreciation to the Fort Worth Museum of Science and History and Appropriation Ordinance No. 19445 -11 -2010 and Supplemental Appropriation Ordinance 19446 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Department. Systems Corporation, Matrix Resources, Inc., and Sentari Technologies, Inc., for the Information Technology Solutions The recommendation was that the City Council Authorize the City Manager to Increase the Dollar Cap for the Existing Professional Services Agreements for Technology Staffing and Placement Services With Digital Intelligence Systems Corporation, Matrix Resources, Inc., and Sentari Technologies, Inc., by $743,028.00 for the Information Technology Solutions Department. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24607 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 22 of 30 .............................. ........... Owl, ................... ............. $211,016.00 on an Annual Basis. The recommendation was that the City Council Authorize Execution of a Contract With TEKsystems, Inc., Using Texas Department of Information Resources Contract No. DIR-SDD-1117 for the Information Technology Solutions Department for an Annual Amount Not to Exceed $211,016.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-24608 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ff IMAM, TX nwood Street, Denair Avenue, Covello Avenue for a One-Time License Fee of $14,726.25. The recommendation was that the City Council Authorize the City Manager to Execute a Public Right- of-Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Galvez Avenue, Lawnwood Street, Denair Avenue and Covello Avenue, for a One (1) Time License Fee of $14,726.25. Council Member Hicks advised that this pipeline would not affect any neighborhoods and she would support this item. Motion: Council Member Hicks made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. C-24609 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. .................. 9, Bridge with No Increase in Cost to the City of Fort Worth. The recommendation was that the City Council Authorize the City Manager to Execute Amendment No. 2 to City Secretary Contract No. 38892, an Advance Funding Agreement With the Texas Department of Transportation, to Update the Project Cost Estimate and Cost Participation for the Replacement of the West Seventh Street Bridge With No Increase in Cost to the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 23 of 30 (C -24610 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24610 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. w The recommendation was that the City Council Authorize the City Manager to Execute a Contract With JLB Contracting, LLC, in the Amount of $1,069,359.10 for 180 Calendar Days for Hot Mix Asphaltic Concrete Surface Overlay 2010 -15 at NE 35th Street, Royal Harbor, Lake Country Drive, Township Court, Wayside Avenue, McConnell Drive, 6th Avenue, Cameron Street, Edney Street and Dunlap Drive. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24611 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 'pull wp,tj, the Amount of $601,763.00 for Transportation and Disposal of Contatninated—Soils at 2500 Brennan Avenue. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Environmental Protection Project Fund in the Amount of $417,248.28 From Available Funds for the Purpose of Funding the Transportation and Disposal of Contaminated Soils; and Ratify Continuance of Work on Emergency Purchase Order With Sunbelt Industrial Services in the Amount of $601,763.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24612 be approved and Appropriation Ordinance No. 19447 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 24 of 30 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 25 of 30 (C -24615 Continued) The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Park Gas Lease Project Fund in the Amount of $2,007,425.57 From Available Funds, for the Purpose of Funding Phase I Improvements at Cobb Park; and Authorize the City Manager to Execute a Construction Contract With The Fain Group, Inc. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24615 be approved with appreciation to the Tarrant Regional Water District and Parks and Community Services Department and Appropriation Ordinance No. 19450 -11 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. ZONING HEARING It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on October 22, 2010. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ......,,. ........., .......... I„ 1 "PD/UR' Planned Development standards; site plan waiver recommended. (Recommended for Appro The following individuals appeared before Council in support of Zoning Docket No. ZC -10 -177 and stated the property owners and residents had been working for many months to reach a compromise and come up with a zoning category that would meet the needs of everyone. They stated that Urban Residential designation would allow the developer to meet the additional needs of the residents relative to this project and future development. They stated that the project featured a mix variety of units that would attract both TCU students as well as retirees as residents. They stated the public parking situation had been taken into consideration and would allow for street parking as well as a "hidden parking lot" located on the interior side of the residences. Mr. Keith Ashcraft, representing University Place and Frisco Heights Neighborhood Associations, 2556 Waits Avenue Mr. Phillip Poole, representing Dorsey Investments., 2918 Wingate, Suite 100. (displayed the artist renderings of the proposed project) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 26 of 30 (ZC -10 -177 Continued) Council Members Burns stated this was a good compromise for the area and stated that numerous curb cuts would allow for street parking. He also added that he was glad the developer was able to find a way to incorporate structured parking into the project in order to pull additional vehicles off the street. He expressed appreciation to the residents of University Place and Frisco Heights Neighborhoods for working together to come up with a solution to benefit everyone. Council Member Jordan requested clarification on whether a site plan would be required for approval, or if the site plan waiver was going to be approved. Council Member Burns stated that the site plan would be required and reviewed administratively before the project could move forward. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -10 -177 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burns made a motion, seconded by Council Member Hicks, that the public hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19451 -11 -2010 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 27 of 30 XVL CITIZEN PRESENTATIONS 1 I I 1 Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and advised that he would not be speaking on the subject reflected on the agenda and had submitted a speaker card with a new topic. Mayor Moncrief advised Mr. Brandon that he would only be allowed to speak about the subject matter that appeared on the agenda. Mr. Brandon advised that he would address the Council relative to the subject matter on the agenda at a future Council meeting. Other Citizen Presentations: Mr. Wayne Mardis, 1305 Westador North, (provided a handout to Council) appeared before Council relative to rezoning residential property that he owned to allow for CBS Outdoor billboard company to place a billboard. He stated the property was owned by his family for many years and the zoning was not consistent with the area. He advised that he had met with representatives from CBS Outdoor and they agreed that this property would be a prime location for the billboard if the property could be rezoned. Council Member Hicks advised Mr. Mardis this was in her district and referred him to Ms. Dana Burghdoff, Deputy Director, Planning and Development Department and District 8 Aide Will Trevino. Ms. Suzette Watkins, 1801 Bomar Avenue, appeared before Council relative to euthanizing animals at City shelters. She stated that the public was advised that no animals had been euthanized since the opening of the PetSmart Animal Shelter. She advised that was not true (displayed a spreadsheet detailing the number of dogs and cats impounded and euthanized in 2009 and 2010) and she requested the staff review the City of Austin's no kill policy and adopt an ordinance which would enforce such policy. Mr. Brandon Bennett, Director, Code Compliance Department, clarified that no adoptable pets had been euthanized since the opening of the PetSmart Animal Shelter. He stated that the animals that were euthanized were sick, dangerous and not adoptable. He stated that a second PetSmart Animal Shelter was being discussed at the Alliance PetSmart which would allow for more pets to be adopted. He pointed out the need for intermediate medical care for sick impounded animals as well as foster care for animals prior to adoption. Mayor Moncrief advised that he misspoke that no animals had been euthanized when he meant that no adoptable animals had been euthanized since the opening of the PetSmart Animal Shelter. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 28 of 30 (Other Citizen Presentations Continued) Mr. Bennett was directed to review the City of Austin's ordinance for best practice. Ms. Carol Sullivan, 5216 Carol Avenue, appeared before Council and expressed appreciation to Council Member Moss for information he provided to her relative to the $1.2M grant for the Stop Six Model Block Program. She stated that she did not feel that the grant funds had been properly used in the neighborhood and requested a comparison of goals for the grant funds versus what was actually purchased or renovated in the area using the grant funds. She stated that there were numerous adults and teenagers in the area that were hanging out in the streets without jobs and she felt the grant funds could have been spent in other areas to ensure that these people would become productive members of society. She also advised that Texas Wesleyan University also deserved accolades, as the University CPA pass rate was higher than TCU. She also advised that the Cowboy Santas program should be renamed Cowboy and Cowgirl Santas program since both men and woman participated in the program. Council Member Hicks advised that she was on the Advisory Board for Texas Wesleyan and agreed that more needed to be done to recognize the University's achievements. She stated that she looked forward to working towards that in the future. Council Member Moss advised that the list he provided Ms. Sullivan was from last year and a new list of changes and proposed projects would be discussed at a meeting that would be held on December 16, 2010, at 6:00 p.m., at a location to be determined. Mayor Moncrief recessed the meeting back into Pre - Council meeting at 11:28 a.m., to complete the following Agenda items: 6. Update on Rail Initiatives - Fernando Costa, City Manager's Office a. Tower 55 - Tom Shelton, North Central Texas Council of Governments b. Cotton Belt Commuter Rail - Kevin Feldt, North Central Texas Council of Governments c. Modern Street Car - Charlie Hales, HDR Inc. 7. City Council Requests for Future Agenda Items and /or Reports XVIL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) It was the consensus of the City Council that the City Council meet in closed session at 1:01 p.m., to: 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: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBERI6, 2010 PAGE 29 of 30 (XVII. EXECUTIVE SESSION Continued) (a) Legal issues concerning utility relocations for Trinity River Vision Project; and (b) Legal issues concerning downtown regulations for Super Bowl XLV; and (c) Lino Estrella v. City of Fort Worth, Case number 352- 244244 -10; and (d) Legal issues related to Local Government Code Section 54.044 and Texas Government Code Section 30.00005; and 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 1:58 p.m. Mayor Moncrief reconvened back into regular session at 2:00 p.m. City Secretary Hendrix advised that Mayor and Council Communication No. G -17116 would be considered. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 16, 2010 PAGE 30 of 30 (G -17116 Continued) Ms. Laetitia Brown, Senior Assistant City Attorney, appeared before Council and provided a staff report regarding the recommended revisions to the resolution. Council Member Burdette advised that the unfunded pension balance was a major problem and approval of this item would not fix the problem. He stated that he was not sure that this was the best solution and added that if the item was approved that the recommendations would be hard to change. He requested that Council delay voting on this item to allow for further discussion and advised if the Council took action he would not support this item. Mayor Pro tem Scarth stated he was in support of this resolution and preserving a pension system for the employees, however, he did not feel that the recommendations offered as much as he would like. Mayor Moncrief expressed appreciation to staff for their hard work on this resolution and encouraged support of the resolution. Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17116 be approved and Resolution No. 3934 -11 -2010 be adopted, with the COLA issue to be continued until the December 7, 2010, Council meeting. The motion carried nine (8) ayes to zero (1) nays, with Council Member Burdette casting the dissenting vote. XVIII. ADJOURNMENT There being no further business the meeting was adjourned at 2:04 p.m. These minutes approved by the Fort Worth City Council on the 7th day of December, 2010. Attest: 1/-"****y� Marty He4lix City Secretary