Loading...
HomeMy WebLinkAbout2010/12/14-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER There were no items to be continued or withdrawn by Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 2 of 33 VII. CONSENT AGENDA Council Member Hicks stated that she was advised by City Attorney Yett that although she served on the Trinity River Vision Board, she did not have a conflict of interest and would be able to vote on Mayor and Council Communication No. 24636. City Attorney Yett confirmed that Council Member Hicks could vote on M &C C- 24636. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17144 - Authorize the Acceptance of Funds from Tarrant County 9 -1 -1 District in an Amount Up to $330,608.75 for the Public Safety Answering Points Assistance Program Reimbursement for Fiscal Year 2011 and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Accept Funds From Tarrant County 9 -1 -1 District for Fiscal Year 2011 in an Amount up to $330,608.75 for the Public Safety Answering Points Assistance Program Reimbursement; and Adopting Appropriation Ordinance No. 19476 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Information Systems Fund in the Amount of $330,608.75, Subject to Receipt of the Funds for the Purpose of Funding the Reimbursement. 2. M &C G -17145 - Authorize Payment for the City of Fort Worth's Fiscal Year 2011 Membership Dues to the North Central Texas Council of Governments in an Amount Not to Exceed $73,620.00. Approved by the City Council as recommended and as follows: Authorizing Payment for the City's Fiscal Year 2011 Membership Dues to the North Central Texas Council of Governments in an Amount Not to Exceed $73,620.00. 3. M &C G -17146 - Adopt a Resolution Ratifying the City's Lawsuit Entitled, City of Fort Worth v. Greg Abbott, Attorney General of Texas, Cause No. D- 1- GV -10- 001771, Filed on October 22, 2010, in the 126th District Court of Travis County, Texas. Approved by the City Council as recommended and as follows: Adopting Resolution No. 3951 -12- 2010 Ratifying the Lawsuit Entitled City of Fort Worth v. Greg Abbott, Attorney General of Texas, Cause No. D- 1- GV -10- 001771, Filed by the City Attorney on October 22, 2010, in the 126th District Court of Travis County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 3 of 33 VII. CONSENT AGENDA Continued) 4. M &C G -17147 - Adopt a Resolution Increasing the Amount to be Paid to Jackson Walker, L.L.P., to Assist the City in Certain Employment Tax, Labor and Employment Law Issues, and Tax Issues Related to the Employees Retirement Fund, to an Amount Not to Exceed $15,000.00. Approved by the City Council as recommended and as follows: Adopting Resolution No. 3952 -12- 2010 Increasing in the Amount to be Paid to Jackson Walker, L. L. P., to Assist the City in Certain Employment Tax, Labor and Employment Law Issues and Tax Issues Related to the Employees Retirement Fund, to an Amount Not to Exceed $15,000.00. 5. M &C G -17148 - Approval of 2010 Ad Valorem Tax Roll. Approved by the City Council as recommended and as follows: Approving the 2010 Ad Valorem Tax Roll. 6. M &C G -17149 - Approve Findings of Ground Transportation Coordinator Regarding Application of Allen Limousine, Inc., to Operate Thirty -Five Limousines 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 35 Limousines Upon the City Streets, Alleys and Thoroughfares; Allen Limousine, Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City; Allen Limousine, Inc., has Complied With the Requirements of Chapter 34 of the City Code; Allen Limousine, Inc., Presented Facts in Support of Compelling Demand and Necessity for 35 Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of 35 Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19477 -12 -2010 Granting the Privilege of Operating Authority to Allen Limousine, Inc., 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 35 Limousines, 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 Allen Limousine, Inc., and Subject to and Conditioned on Allen Limousine, Inc., Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 7. M &C G -17150 - Approve Findings of Ground Transportation Coordinator Regarding Application of DFW Prestige Limos, LLC, d /b /a DFW Limos, to Operate Fifteen Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 4 of 33 (VII. CONSENT AGENDA Continued) (G -17150 Continued) 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 15 Limousines Upon the City Streets, Alleys and Thoroughfares; DFW Prestige Limos, L.L.C., d/b /a/ DFW Limos, is Qualified and Financially Able to Conduct a Limousine Service Within the City; DFW Prestige Limos, L.L.C., d /b /a/ DFW Limos, has Complied With the Requirements of Chapter 34 of the City Code; DFW Prestige Limos, LLC, d /b /a/ DFW Limos, Presented Facts in Support of Compelling Demand and Necessity for 15 Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition of 15 Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 19478 -12 -2010 Granting the Privilege of Operating Authority to DFW Prestige Limos, L.L.C., d /b /a/ DFW Limos, 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 15 Limousines, 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 DFW Prestige Limos, L.L.C., d /b /a/ DFW Limos, and Subject to and Conditioned on DFW Prestige Limos, L.L.C., d /b /a/ DFW Limos, Complying With All Requirements of Chapter 34, Article VI, of the Code of the City of Fort Worth (1986), as Amended. 8. M &C G -17151 - Authorize the Temporary Road Closure of Main Street Between 3rd Street and 5th Street, and 4th Street Between Commerce Street and Houston Street from January 26, 2011 to February 8, 2011, and Houston Street Between 3rd Street and 5th Street, and 4th Street Between Houston Street and Throckmorton Street from January 30, 2011 to February 7, 2011. Approved by the City Council as recommended and as follows: Authorizing the Temporary Road Closures for Main Street From 3rd Street to 5th Street and 4th Street From Commerce Street to Houston Street From January 26, 2011, to February 8, 2011, and Houston Street From 3rd Street to 5th Street and 4th Street From Houston Street to Throckmorton Street From January 30, 2011, to February 7, 2011, to Facilitate Broadcast Activities Associated With the Super Bowl on February 6, 2011. 9. M &C G -17152 - Standardization of Fee Schedule for Code Compliance Education Classes Available as Alternative to Fines and Fees for Ordinance Violations. Approved by the City Council as recommended and as follows: Approving a Standardized $30.00 Fee for All Education Classes Offered by the Code Compliance Department as an Alternative for Eligible Individuals to Paying Fines and Fees for Violations of Certain Ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 5 of 33 (VII. CONSENT AGENDA Continued) B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11186 - Authorize the Purchase of Two Chillers for the Fort Worth Convention Center from Johnson Controls, Inc., Using a Texas Multiple Award Schedule Contract, for the Public Events Department for a Total Amount of $437,993.00. Approved by the City Council as recommended and as follows: Authorizing the Purchase of Two (2) Chillers for the Fort Worth Convention Center From Johnson Controls, Inc., Using a Texas Multiple Award Schedule Contract, for the Public Events Department for a Total Amount of $437,993.00. 2. M &C P -11187 - Authorize a Purchase Agreement with Teleste LLC, for a Video Management System, Software Licenses, Equipment, and Services for the Transportation and Public Works Department Using a State of Texas Department of Information Resources Contract for an Initial Amount of $203,625.00. Approved by the City Council as recommended and as follows: Authorizing a Purchase Agreement With Teleste L.L.C., for a Video Management System, Software Licenses, Equipment, and Services for the Transportation and Public Works Department Using State of Texas Department of Information Resources Contract Number DIR -SDD -1566 for an Initial Amount of $203,625.00. C. Land - Consent Items 1. M &C L -15109 - Authorize the Conveyance of Permanent Easements to Oncor Electric Delivery Company, LLC, for the Installation and Maintenance of a Primary Electric Service at the Will Rogers Memorial Center. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Convey Permanent Easements to Oncor Electric Delivery Company, L.L.C., for the Installation and Maintenance of a Primary Electric Service at the Will Rogers Memorial Center. 2. M &C L -15110 - Authorize the Purchase from Betty K. Pierce of a Fee Simple Interest in 0.007 Acres of Land for Right -of -Way and 0.002 Acres of Land for a Temporary Construction Easement at 11855 Alta Vista Road for the North Beach Phase I Roadway Project for a Total Purchase Price of $1,890.00, Authorize the Payment of Closing Costs, and Authorize the Acceptance of a Dedication Deed from Betty K. Pierce for 0.040 Acres of Land at 11855 Alta Vista Road at No Cost to the City for Future Roadway Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 6 of 33 (VII. CONSENT AGENDA Continued) (L -15110 Continued) Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 0.007 Acre of Land for Right -of -Way and 0.002 Acre of Land for a Temporary Construction Easement, Both Located at 11855 Alta Vista Road, Described as Abstract No. 266, Tract 2A02, F. Cuella Survey, Fort Worth, Texas, From Betty K. Pierce for the North Beach Phase I Roadway Project; Finding That the Price of $1,850.00 Offered for the Purchase of Right -of -Way and $40.00 for the Purchase of a Temporary Construction Easement is Just Compensation; Authorizing the Acceptance of a Dedication Deed for 0.040 Acre of Land Located at 11855 Alta Vista Road, Fort Worth, Texas, From Betty K. Pierce for Future Roadway Improvements; and Authorizing the City Manager or His Designee to Accept the Conveyances and Record the Appropriate Instruments and to Pay Closing Cost Up to $2,000.00. 3. M &C L -15111 - Authorize the Purchase from Teresa A. Loddick of a Fee Simple Interest in 0.007 Acres of Land for Right -of -Way and 0.002 Acres for a Temporary Construction Easement at 11865 Alta Vista Road for the North Beach Phase I Roadway Project for the Total Purchase Price of $1,890.00, Authorize the Payment of Closing Costs, and Authorize the Acceptance of a Dedication Deed from Teresa A. Loddick for 0.040 Acres of Land at 11865 Alta Vista Road for Future Roadway Improvements. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 0.007 Acre of Land for Right -of -Way and 0.002 Acre of Land for a Temporary Construction Easement, Both Located at 11865 Alta Vista Road, Described as Abstract No. 266, Tract 2A01, F. Cuella Survey, Fort Worth, Texas, From Teresa A. Loddick for the North Beach Phase I Roadway Project; Finding That the Price of $1,850.00 Offered for the Purchase of Right -of -Way and $40.00 for the Purchase of a Temporary Construction Easement is Just Compensation; Authorizing the Acceptance of a Dedication Deed for 0.040 Acre of Land Located at 11865 Alta Vista Road, Fort Worth, Texas, From Teresa A. Loddick for Future Roadway Improvements; and Authorizing the City Manager or His Designee to Accept the Conveyances and Record the Appropriate Instruments and to Pay Closing Cost Up to $2,000.00. 4. M &C L -15112 - Authorize the Purchase of a Fee Simple Interest in 0.027 Acres of Land for Right -of -Way and 0.018 Acres for a Temporary Construction Easement Located at 4022 East First Street from Anselmo Rodarte and Maria Isabel Rodarte for a Total of $31,700.00 and Pay the Estimated Closing Costs of $3,000.00 for the East First Street Widening Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 7 of 33 (VII. CONSENT AGENDA Continued) (L -15112 Continued) Approved by the City Council as recommended and as follows: Authorizing the Fee Acquisition of 0.027 Acre for Right -of -Way and 0.018 Acre for a Temporary Construction Easement, Excluding Minerals, Located at 4022 East First Street, Described as Lot C, Block 1, Baker's Subdivision, Fort Worth, Texas, From Anselmo Rodarte and Maria Isabel Rodarte; Finding That the Total Price of $31,700.00 is Just Compensation for the East First Street Widening Project; and Authorizing the City Manager or His Designee to Accept the Conveyances, Record the Appropriate Instruments and to Pay Closing Cost Up to $3,000.00. 5. M &C L -15113 - Authorize the Acceptance of a Dedication Deed from Roberta B. Murfin, at No Cost to the City of Fort Worth for 0.001 Acres of Land for Right -of -Way Needed 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 Roberta B. Murfin at No Cost to the City of Fort Worth for 0.001 Acre of Land Right -of -Way Described as Lot 8, Block 21, Saginaw North Addition, Fort Worth, Tarrant County, Texas, Needed 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. 6. M &C L -15114 - Authorize the Acceptance of a Dedication Deed from Christopher Deleon, at No Cost to the City of Fort Worth for 0.001 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 Christopher Deleon at No Cost to the City of Fort Worth for 0.001 Acre of Land for the Right -of -Way Described as Lot 1, Block 21, Saginaw North Addition, Fort Worth, Tarrant County, Texas, Needed 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. 7. M &C L -15115 - Accept the Dedication of Approximately 6.25 Acres of Parkland and Facility Improvements from SJ Rosemary Development, L.P., for Rosemary Ridge Park. Approved by the City Council as recommended and as follows: Accepting the Dedication Being a 6.25 Acres Tract of Land Described as Lot 7, Block 112, Rosemary Ridge Addition, an Addition to the City of Fort Worth, Situated in the Moses Walters Survey, Abstract No. 1598, From SJ Rosemary Development, L.P., for Rosemary Ridge Park, in Accordance With the Neighborhood and Community Park Dedication Policy. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 8 of 33 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -24636 - Authorize the Execution of a Master Utility Agreement with AT &T Outlining Cost - Sharing Responsibilities and Processes for Utility Relocations Required by Trinity River Vision - Central City Project. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Master Utility Agreement With AT &T Outlining Cost - Sharing Responsibilities and Processes for Utility Relocations Required by the Trinity River Vision — Central City Project. 2. M &C C -24637 - Authorize the Execution of an Agreement with MetroCode Analysis, L.L.C., for Commercial and Residential Plan Review and Inspection Services for an Initial Annual Amount Up to $100,000.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Agreement With MetroCode Analysis, L.L.C., for Plan Review and Inspection Services in the Annual Amount Up to $100,000.00. 3. M &C C -24638 - Authorize the Execution of an Encroachment Agreement with Texas Health Harris Methodist Hospital for the Installation of Five Way- Finding Signs Which will Encroach the Pennsylvania Avenue, South Henderson Street, Sixth Avenue and North Henderson Street Rights -of -Way. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Standard Encroachment Agreement With Texas Health Harris Methodist Hospital for the Installation of Five (5) Way- Finding Signs Which Will Encroach the Pennsylvania Avenue, South Henderson Street, Sixth Avenue and North Henderson Street Rights -of -Way. 4. M &C C -24639 - Adopt a Resolution Authorizing Employment of Mark G. Daniel as Outside Counsel to Advise the Ethics Review Committee in an Amount Not to Exceed $50,000.00. Approved by the City Council as recommended and as follows: Ratifying and Approving the Selection of Mark G. Daniel as Outside Counsel, Pursuant to City Code, Sec. 2 -245 (a), to Advise the Ethics Review Committee Regarding Various Ethics Complaints Filed; Adopting Resolution No. 3953 -12- 2010, Authorizing the City Attorney to Retain Mark G. Daniel to Advise the Ethics Review Committee Regarding Various Ethics Complaints and Fixing in Advance, as far as Practicable, the Amount to be Paid to Mark G. Daniel in an Amount Not to Exceed $50,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 9 of 33 (VII. CONSENT AGENDA Continued) 5. M &C C -24640 - Authorize Execution of Interlocal Agreement Between the Dallas/Fort Worth International Airport Board of Directors, the City of Euless and the City of Fort Worth to Provide for the Sharing of Hotel Occupancy Taxes. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Enter Into an Interlocal Agreement Between the Dallas/Fort Worth International Airport Board of Directors, the City of Euless and the City of Fort Worth for the Sharing of Municipal Hotel Occupancy Taxes Generated on Land Located Within the Geographical Boundaries of the Dallas/Fort Worth International Airport. 6. M &C C -24641 - Authorize Change Order No. 1 in the Amount of $75,116.16 to City Secretary No. 37367 with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Portions of Edney Street and Southcrest Drive. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $75,116.16 to City Secretary Contract No. 37367 With Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Portions of Edney Street and Southcrest Drive, Thereby Revising the Total Contract Amount to $1,381,685.96. 7. M &C C -24642 - Authorize the Execution of Change Order No. 3 in the Amount of $75,194.00 to City Secretary Contract No. 39522 with Stabile & Winn, Inc., for Pavement Reconstruction, Water and Sanitary Sewer Main Replacements on Portions of Boston Avenue, Chelsea Road, Chicago Avenue, Clairemont Avenue, Junuis Street, Lynnhaven Road and Norma Street, Contract Group A District 8 Critical Capital Program, Project No. 00923 and DOE No. 6068. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 3 in the Amount of $75,194.00 to City Secretary Contract No. 39522 With Stabile & Winn, Inc., Thereby Revising the Total Contract Amount to $2,392,244.29 for Contract Group A District 8 Critical Capital Program, Project No. 00923 and DOE No. 6068. The Project Consists of Pavement Reconstruction, as Well as Water and Sanitary Sewer Replacements for the Following Streets: Boston Avenue Chelsea Road Chicago Avenue Clairemont Avenue Junuis Street Lynnhaven Road Norma Street Meadowbrook Drive to East Lancaster Avenue Meadowbrook Drive to North Dead End Meadowbrook Drive to East Lancaster Avenue Meadowbrook Drive to East Lancaster Avenue Martha Lane to Meadowbrook Drive Barnett Street to Normandy Road North Edgewood Terrace to Queen Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 10 of 33 (VII. CONSENT AGENDA Continued) 8. M &C C -24643 - Authorize the Execution of Contract with Conatser Construction TX, LP, in the Amount of $1,218,282.50 for the Oakridge Terrace and Linda Lane Drainage Improvements and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract With Conaster Construction TX, LP, in the Amount of $1,218,282.50 for the Oakridge Terrace and Linda Lane Drainage Improvements; Authorizing the Transfer of $792,558.25 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of $405,158.00 and the Sewer Capital Projects Fund in the Amount of $387,400.25; and Adopting Appropriation Ordinance No. 19479 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and the Sewer Capital Projects Fund From Available Funds for the Purpose of Funding the Improvements (City Project Number 00474). 9. M &C C -24644 - Authorize the Execution of an Interlocal Agreement with Tarrant County for the Maintenance of the Upper End of a Storm Drain Which Ends Beyond the City Limits But Within the City's Extraterritorial Jurisdiction in Tarrant County. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Interlocal Agreement With Tarrant County for the Maintenance of Approximately 112 Linear Feet of Storm Drain and Two (2) Associated Drainage Inlets at the Intersection of Haslet - Roanoke Road and Ridgetop Road, in the City's Extraterritorial Jurisdiction in Tarrant County. 10. M &C C -24645 - Authorize an Additional Payment in the Amount of $87,874.98 to the Texas Department of Transportation Under City Secretary Contract No. 35401, a Local Project Advance Funding Agreement, for the Construction and Inspection of Drainage Improvements at East Rosedale and Sycamore Creek. Approved by the City Council as recommended and as follows: Authorizing an Additional Payment in the Amount of $87,874.98 to the Texas Department of Transportation Under City Secretary Contract No. 35401, a Local Project Advance Funding Agreement for the Construction and Inspection of Drainage Improvements at East Rosedale Street and Sycamore Creek. 11. M &C C -24646 - Authorize the Execution of an Amendment to the Agreement with Rodeo Plaza, Inc., to Manage, Maintain and Program the Area Known as Rodeo Plaza for a Period of Six Months and Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $200,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Upgrading the Sound System and Replacing the Bucking Chutes in the Cowtown Coliseum. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 11 of 33 (VII. CONSENT AGENDA Continued) (C -24646 Continued) Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Amendment to the Agreement With Rodeo Plaza, Inc., to Manage, Maintain and Program the Area Known as Rodeo Plaza for a Period of Six (6) Months; and Adopting Supplemental Appropriation Ordinance No. 19480 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $200,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Upgrading the Sound System and Replacing the Bucking Chutes in the Cowtown Coliseum. 12. M &C C -24647 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $533,000.00 to Fund the Convention and Visitors Bureau and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount. Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation Ordinance No. 19481 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $533,000.00 to Fund the Convention and Visitor Bureau and Decreasing the Unaudited, Unreserved, Undesignated Fund By the Same Amount, for the Purpose of Restoring Funds for Marketing and Increasing the Special Public Facilities Fund. 13. M &C C -24648 - Authorize a Contract with Coburn's Catering Service, Inc., to Provide Exclusive Concession and Alcoholic Beverage Services at the Will Rogers Memorial Center for a Period of Six Months. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Contract With Coburn's Catering Service, Inc., to Provide Exclusive Concession and Alcoholic Beverage Services at the Will Rogers Memorial Center for a Term of Six (6) Months to Begin on January 1, 2011, and Expire on June 30, 2011 With Options to Renew for Up to Seven Additional Months. 14. M &C C -24649 - Authorize the City Manager to Execute an Amendment to City Secretary Contract No. 33979 with the City of Mansfield for Detention Services. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Amendment to City Secretary Contract No. 33979 With the City of Mansfield for Detention Services. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 12 of 33 (VII. CONSENT AGENDA Continued) 15. M &C C -24650 - Adopt a Resolution and Authorize the Application and Execution of the Related Contract for the Fiscal Year 2011 Transnational Gang Grant from the Office of the Governor, Criminal Justice Division in the Amount of $150,000.00 and Making Assurances Required by the Criminal Justice Division of the Governor's Office and Adopt Related Appropriation Ordinance. Approved by the City Council as recommended and as follows: Adopting Resolution No. 3954 -12- 2010 Authorizing the Application and Acceptance of $150,000.00 in Grant Funds From the Fiscal Year 2011 Criminal Justice Division Grant Funds and the Making of Assurances Required by the Criminal Justice Division of the Governors' Office; Authorizing the City Manager to Apply for, Accept, Reject, Alter or Terminate, if Awarded, the Fiscal Year 2011 Transnational Gang Grant From the Office of the Governor, Criminal Justice Division; Authorizing the City Manager to Designate the Assistant City Manager who Oversees the Police Department as the Authorized Official to Accept, Reject or Alter the Fiscal Year 2011 Transnational Gang Grant After it is Awarded; Providing Assurance That Funds Will be Returned to the Office of the Governor, Criminal Justice Division, in Full, in the Event of Loss or Misuse of Criminal Justice Division Grant Funds; Authorizing the City Manager to Execute a Contract With the Office of the Governor for the Implementation of the Fiscal Year 2011 Transnational Gang Grant; and Adopting Appropriation Ordinance No. 19482 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund by $150,000.00 Upon Receipt of Said Grant, for the Purpose of Funding the Grant. 16. M &C C -24651 - Execute an Interlocal Agreement with Tarrant County to Provide Up to $72,753.00 for One Strategic National Stockpile Liaison Position for Fiscal Year 2011 and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Enter Into an Interlocal Agreement With Tarrant County for Tarrant County to Pay the City a Maximum of $72,753.00 for one (1) Strategic National Stockpile Liaison Position With the City's Emergency Management Office; and Adopting Appropriation Ordinance No. 19483 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund From the Available Funds for the Purpose of Funding the Position. 17. M &C C -24652 - Authorize a Contract in the Amount of $769,276.00 with William J. Schultz, Inc., d /b /a Circle "C" Construction Company for Water and Sanitary Sewer Relocations for SH121T, Part 20 at Hulen Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 13 of 33 (VII. CONSENT AGENDA Continued) (C- 24652 Continued) Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract in the Amount of $769,276.00 With William J. Schultz, Inc., d /b /a Circle "C" Construction Company, for Water and Sanitary Sewer Relocations for SH121T, Part 20 at Hulen Street for the Installation of a 48 -Inch Diameter Pipe Beginning From a Point Located 270 Feet North of the Hulen Street/Bridgeview Drive Intersection, Northwesterly 410 Feet Then Easterly 380 Feet and Then Southerly 80 Feet to a Connection Point With an Existing 10 -Inch Sewer Lateral. 18. M &C C -24653 - Authorize an Engineering Agreement in the Amount of $292,213.00 with CP &Y, Inc., for the South Holly High Service Pump Station Motor and Switchgear Replacement Project. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement With CP &Y, Inc., in the Amount of $292,213.00 for the South Holly High Service Pump Station Motor and Switchgear Replacement Project. 19. M &C C -24654 - Authorize Change Order No. 2 in the Amount of $156,058.00 to City Secretary Contract No. 39768 with Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation Contract LX, Part 2 on Tierney Road (Cliffview Drive to Barnett Street) and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the Transfer of $205,354.00 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of $199,354.00 and the Sewer Capital Projects Fund in the Amount of $6,000.00; and Adopting Appropriation Ordinance 19484 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LX (60), Part 2; and Authorizing the City Manager to Execute Change Order No. 2 in the Amount of $156,058.00 to City Secretary Contract No. 39768 With Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation Contract LX, Part 2 on Tierney Road (Cliffview Drive to Barnett Street), Thereby Increasing the Contract Amount to $785,874.80. 20. M &C C -24655 - Authorize an Engineering Agreement in the Amount of $114,512.00 with Neel- Schaffer, Inc., for Sanitary Sewer Rehabilitation, Contract LXXXI on Childress Street, Killian Street, Wilbarger Street, Collin Street, Rutan Street, Erath Street and Adopt Appropriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 14 of 33 (VII. CONSENT AGENDA Continued) (C -24655 Continued) Approved by the City Council as recommended and as follows: Authorizing the Transfer of $126,512.00 From the Water and Sewer Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19485 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of $126,512.00 From Available Funds for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LXXXI (81); and Authorizing the City Manager to Execute a Contract in the Amount of $114,512.00 With Neel- Schaffer, Inc., for Sanitary Sewer Rehabilitation, Contract LXXXI (81) on Childress Street From Vaughn Boulevard to Miller Avenue; Killian Street From Dowdell Street to Miller Avenue; Wilbarger Street From Vaughn Boulevard to Miller Avenue; Collin Street From Shackleford Street to Miller Avenue; Rutan Street From Collin Street to Howard Street; and Erath Street From Wilbarger Street to Knox Street. 21. M &C C -24656 - Authorize the Execution of a Contract for the Billing of Treated Water Between the City of Fort Worth and the Cities of Keller, Southlake and Westlake. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract for the Billing of Treated Water Between the City of Fort Worth and the Cities of Keller, Southlake and Westlake. 22. M &C C -24657 - Approval to Amend Community Facilities Agreement, City Contract No. 38509 -A1, with Harmony Realty, Ltd., and Authorize City Participation in an Amount of $12,299.56 for Relocation of 12 -inch Sewer Main to Serve Twin Creeks Crossing, a Development Located In West Fort Worth. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Amend the Community Facilities Agreement, City Secretary Contract No. 38509 -A1, With Harmony Realty, Ltd., for the City to Participate in the Amount of $12,299.56 for the Relocation of the 12 -Inch Sewer Main to Serve Twin Creeks Crossing, a Development Located in West Fort Worth. 23. M &C C -24658 - Authorize the Acceptance of Funds and Execution of Agreement with Tarrant County in an Amount Up to $30,000.00 for Fiscal Year 2011 for the Operation of Two Community Action Partners Centers, Authorize Execution of Lease Agreement for One Center and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Accept Funds and Execute an Agreement With Tarrant County for Fiscal Year 2011 in an Amount Up to $30,000.00 for the Operation of Two (2) Community Action Partners Centers; Authorizing the City Manager to Execute a Lease Agreement With Mary Hartman for the Far Northwest Community Action Partners Center in an Amount Not to Exceed $10,534.68 Per Year; and Adopting Appropriation Ordinance No. 19486 -12 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund Subject to Receipt of the Funds for the Purpose of Funding the Centers. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 15 of 33 Mr. Jordan LaPier, Senior Director of 100 Best Communities for Youth, presented the City with a Push Pin Award from America's Promise Alliance. He stated that the efforts of Fort Worth civic and community leaders were honored today when America's Promise Alliance (the Alliance), the nation's largest partnership organization dedicated to youth and children, announced the City had been named a winner of the Alliance's 100 Best Communities for Young People (100 Best) competition presented by ING, a global financial services company and leading provider of retirement plans and programs for teachers. He advised that the 2010 recognition marked the first win for Fort Worth in the competition. He further advised that the 100 Best designation recognized those communities that made youth a priority by implementing programs that help keep children in school and prepared them for college and the 21st century workforce. He stated that the competition was open to all communities that made children and youth a priority, including small towns, large cities, counties and school districts. He pointed out that in addition to enhancing local educational opportunities, most winning communities had taken steps to facilitate improved access to health care for its young people, encouraged youth civic engagement and supplied developmental resources that created better places for young people to live and grow. He added that the entire 2010 list of 100 Best Communities for Young People and their accomplishments could be found at www .americaspromise.ora /100Best. He also stated that Fort Worth was named one of the nation's 100 Best because of the City's dedication to supporting and engaging local youth. He further stated that Fort Worth's goal was to create a child- friendly city with a college -bound culture through innovative collaborations and partnerships among volunteers, nonprofit organizations and local government. He advised that more than $13.6M was budgeted annually by the Mayor and Council Members for programs benefiting children and youth, including the LeaderKids Fort Worth program which engaged students through career presentations and volunteer opportunities to better the community. He also advised that one (1) initiative, Prevail to Graduation, brought together the City, Fort Worth Independent School District, the Chamber of Commerce and community volunteers who worked toward increasing the graduation rate among high school students. He further advised that students who had recently dropped out of school were personally contacted by a volunteer who encouraged the student to return to school and graduate. He pointed out that the volunteers came from all sectors of the Fort Worth community, including faith and business leaders, educators, parents and government workers and added that since 1995, graduation rates had increased 10 percent due to the initiative and its other collaborative programs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 16 of 33 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #1 Continued) Mayor Moncrief accepted the award on behalf of the City and expressed appreciation to America's Promise Alliance for the award and for the life changing support that the organization provided to the youth in the community. 2. Presentation of Proclamation for Healing Shepherd Clinic Day Council Member Hicks presented a Proclamation for Healing Shepherd Clinic Day to Mr. Don Shisler, President and CEO of Union Gospel Mission of Tarrant County. She stated that Healing Shepherd Clinic, established in late 2008, was created to provide primary care to homeless individuals and to relieve the overcrowding of hospital emergency rooms. She further stated that the mission of the Healing Shepherd Clinic was to understand and serve the health and wellness needs of the residents and guests of Union Gospel Mission in the spirit of community. She advised that over the past 12 months, 10 volunteer physicians and six (6) volunteer registered nurses from the Fort Worth medical community had donated their time to the treatment of patients at the Healing Shepherd Clinic. She also pointed out that since its inception two (2) years ago, the Healing Shepherd Clinic had provided patients with a medical home which included primary care, medical referrals and patient education and advocacy. Mr. Shisler expressed appreciation for the Proclamation and stated that Healing Shepherd Clinic was working with all the hospitals, with or without emergency facilities, in Tarrant County to relieve some of the overcrowding issues, especially during the holidays. Mayor Moncrief expressed appreciation to Mr. Shisler and Union Gospel Mission of Tarrant County for their work in and around the City. He stated the Mission was a great partner with the City and Directions Home and stated Fort Worth was very proud of their accomplishments in the homeless community. Council Member Hicks, presented a Certificate of Recognition to the following former Board and Commission member: Ms. Susan De Los Santo, for her service on the Board of Adjustment - Residential from August 3, 2006, through October 26, 2010. Council Member Hicks advised that the following individuals were unable to attend the meeting to receive a Certificate of Recognition: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 17 of 33 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #3 Continued) Ms. Teresa Ayala, for her service on the Community Development Council from July 14, 2009, through October 19, 2010. Ms. Martha Stanton Lunday, for her service on the Appeals Board from October 1, 2003, through October 19, 2010. Ms. Sakura Moten - Dedrick, for her service on the Area Metropolitan Ambulance Authority from September 1, 2009, through October 26, 2010. Ms. Becky Lawton, for her service on the Art Commission from June 15, 2004, through October 19, 2010. 1. Upcoming a nd Recent Events Council Member Scarth wished Mr. Eddie Robinson, former General Manager of the Texas Rangers and former New York Yankee baseball player, a happy 90th birthday. He also wished his son Haddon Scarth a happy 20th birthday. He also announced that Arcadia Park was hosting a holiday neighborhood event with hayrides, hot cocoa, and pictures with Santa on December 18, 2010, from 1:00 p.m., to 3:00 p.m., and invited everyone in the area to attend. Council Member Zimmerman announced the "Home for the Holidays" pet adoption event. He stated all cats were available for adoption for $12.00 and dogs were available for $24.00. He stated the promotional prices were available through December 24, 2010, at the Chuck Silcox Animal Care and Control Center, located at 4900 Martin Street, and at the PetSmart Adoption Center, located at 4800 South Loop 820. He also advised that gift certificates were available for purchase for either a dog or cat and were good for 90 days from the date of purchase. Council Member Moss announced that a Stop Six Sunrise Addition Model Block Meeting would be held on December 16, 2010, from 6:30 p.m., to 8:00 p.m., at the Tarrant County College Opportunity Center, located at 5901 Fitzhugh Street. Council Member Hicks announced that the Fort Worth Business Assistance Center would host a holiday open house on December 16, 2010, from 4:00 p.m., to 6:00 p.m., and encouraged everyone to attend the event to learn about the Center's goals for the coming year and to enjoy refreshments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 18 of 33 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Mayor Moncrief announced that Cowboy Santas Toy Drive would be held on December 17, 2010, from 6:00 a.m., to 9:00 a.m., on Third and Main Streets and encouraged everyone to donate an unwrapped toy or make a monetary donation. He stated that he and his wife Rosie, along with the Police and Fire Departments and many other staff members would be on location to encourage donations. He stated the program began in 1981 at several Fort Worth Community Centers with a group of community leaders to help provide area families with toys for the holidays. He further stated that over the last three decades and through the support of city and community leaders, the program had grown to cover all of Tarrant County. He advised that the Cowboy Santas Program was headquartered in the City's Parks and Community Services Department and stated the program was able to distribute toys to 12,323 children and more than 5,000 families. Mayor Moncrief, on behalf of the City Council, presented City Manager Fisseler with a bronze replica of Frederic Remington's Bronco Buster as a memento of his retirement on December 31, 2010. The Mayor and Council Members expressed appreciation to City Manager Fisseler for his service to the City and recounted memories relative to his past three (3) years as City Manager and his 21 -year career with the City. They described City Manager Fisseler as a man of great humility, compassion, tremendous character, a proper gentleman and a true Manager. They acknowledged his ability to handle tough budget and economic situations with humor and compassion for his employees, friends and citizens and always approached decision making on what made sense. They stated he was a great communicator and held one of the finest moral compasses of anyone they had ever worked with and added he would be greatly missed as he enjoyed his family and retirement. City Manager Fisseler expressed appreciation to the Mayor and Council Members for the memento and stated his staff was the best in the industry and worked tirelessly to take care of business. He further stated that he would miss the friendships that he had made during his career with the City. He advised that he would be spending his retirement with his family and would be performing volunteer work in the area. Mayor Moncrief also announced that a retirement celebration would be held on February 17, 2011, from 5:30 p.m., to 7:30 p.m., at the Omni Hotel Ballroom for City Manager Fisseler and encouraged those interested in making a donation to contact Shirley Little, Assistant to Mayor and Council or Maddie Gibbs, Assistant to the Mayor. Mayor Moncrief and Council Member Jordan welcomed Assistant City Manager Tom Higgins as the Interim City Manager beginning January 1, 2011. They stated Mr. Higgins was savvy in the area of economic development and had gained a great deal of trust throughout his career with the City. They added that the City Council looked forward to working with him on a daily basis. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 19 of 33 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued) Mayor Moncrief also reminded everyone that the Texas Christian University (TCU) Horned Frogs would play the University of Wisconsin in the Bowl Championship Series (BCS) Rose Bowl on January 1, 2011, at 4:10 p.m., in Pasadena, California. He stated the football game would be televised on ESPN. He advised he contacted Madison, Wisconsin Mayor Dave Cieslewicz and made a friendly wager on the BSC bowl game and stated the losing city's Mayor would wear the winner's jersey and cap at the first Council meeting of 2011 and advised he would send Mayor Cieslewicz a pair of Justin Boots if the University of Wisconsin won the game. He wished the Horned Frogs luck and encouraged everyone to wear purple and watch the BCS National Championship game. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL t1. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks that Mr. James Driskell be appointed to Place 4 on the Building Standards Commission, replacing Mr. Steven Osmundson whose term had expired, effective December 14, 2010, with a term expiring September 20, 2012. The motion carried unanimously nine (9) ayes to zero (0) nays. Im"11 11jill There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTION 1. A Resolution Armointin2 Tom Hinins as Citv Manner, In An Interiq1C a achy Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman that Resolution No. 3955 -12 -2010 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 20 of 33 XIV. REPORT OF THE CITY MANAGER B. General CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 21 of 33 (G -17154 Continued) The recommendation was that the City Council Adopt an Ordinance Authorizing the Dallas -Fort Worth International Airport Board to Act as Agent of the City of Fort Worth for the Limited Purposes of Creating and Issuing a Temporary North Texas Regional Limousine Permit/Decal for Super Bowl XLV and Establishing Rules, Regulations, Fees, Procedures, Qualifications, and Standards for the Permit/Decal and Limousine Drivers and Vehicles Issued the Permit/Decal; Providing That Limousine Drivers and Vehicles Issued a Valid Temporary North Texas Regional Limousine Permit/Decal Will be Allowed to Provide Limousine Service Inside the City Without Having a Limousine Driver's Permit or Vehicle Decal Issued Under Chapter 34, "Vehicles for Hire," of the Fort Worth City Code; Creating Offenses With a $500.00 Penalty for Operating Without a Proper Regional Permit; and Providing That the Ordinance Will be Effective Following Adoption and Publication and Will Expire and be Automatically Repealed on February 12, 2011. Motion: Council Member Moss made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G -17154 be approved and Ordinance No. 19487 -12 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 w The recommendation was that the City Council Adopt Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $10,000,000.00 and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount for the Purpose of Transferring Said Funds to Capital Projects Reserve Fund; Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Workers' Compensation Insurance Fund in the Amount of $5,000,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Workers' Compensation Fund Balance by the Same Amount; and Authorize the Transfer From the General Fund and the Workers' Compensation Insurance Fund to the Capital Projects Reserve Fund for the Purpose of Funding High Priority Capital Projects. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss that Mayor and Council Communication No. G -17155 be approved and Supplemental Appropriation Ordinance Nos. 19488 -12 -2010 and 19489 -12 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. MSC G -17156 - Ad2g the Financial Management Polio Statements for Fiscal Year 2010 -11. The recommendation was that the City Council Adopt the Financial Management Policy Statements for Fiscal Year 2010 -11. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 22 of 33 (G -17156 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G -17156 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. the Amounts of $991,606.00 and $91,952.00. The recommendation was that the City Council Authorize the Purchase of the City's Multiple- Layered Commercial Property Insurance by the Broker of Record (Hub International Rigg) at a Total Premium of $991,606.00; and Authorize the Purchase of the City of Fort Worth Commercial Boiler and Machinery Insurance by the Broker of Record (Hartford Steam Boiler Insurance coverage) at a Total Premium of $91,952.00. Motion: Council Member Moss made a motion, seconded by Council Member Burns that Mayor and Council Communication No. G -17157 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. MSC G -17158 - Ad2n an Ordinance Establishing Op rational Hours for On- Street Parkin Meters in the Fort Worth Cultural District. The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of Fort Worth, Texas (1986), Chapter 22, "Motor Vehicles and Traffic ", Article VI, "Standing, Stopping and Parking ", Division II, "Parking Meters" to Establish Operational Hours for On- Street Parking Meters in the Fort Worth Cultural District. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth that Mayor and Council Communication No. G -17158 be approved and Ordinance No. 19490 -12 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 7. MSC G -17159 - Authorize the Transfer of Funds in the Amount of $15,871,883.00 fro m► the General to the Contract Street Maintenance Fund for Fiscal Year 2010-2011 tract Street Maintenance Program and Adopt Appropriation Ordinance. The recommendation was that the City Council Authorize the City Manager to Transfer $15,871,883.00 From the General Fund to the Contract Street Maintenance Fund; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Contract Street Maintenance Fund From the Available Funds for the Purpose of Funding a Portion of the Fiscal Year 2010 -2011 Street Maintenance Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 23 of 33 (G -17159 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 24 of 33 (G -17162 Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Robert Sturns, Economic Development Manager, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations The following individual completed speaker cards in support of Mayor and Council Communication No. G- 17162, but did not wish to address the City Council. Mr. Joe Allen, 840 North Main Street Mr. Mark Presswood, 840 North Main Street c. Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino that the public hearing be closed and Mayor and Council Communication No. G -17162 be approved as recommended and Ordinance No. 19493 -12 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C. Purchase of Equipment, Materials, and Services ................... 1 Control and Prevention 1 istrict Funds for a Total Amount of $4,938,54 The recommendation was that the City Council Authorize the Purchase of 225 Patrol Units for the Police Department From Philpott Ford Using Tarrant County Cooperative Contract No. 2007 -190 and Paid for With Crime Control and Prevention District Funds for a Total Amount of $4,938,543.00. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman that Mayor and Council Communication No. P -11188 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 25 of 33 D. Land 1. M&C L-15116 - Authorize t e Sae of Thirty Six Tax Foreclosed r erties 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 $ 7, 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 $507,096.00; 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 requested that the property at 920 Missouri Avenue be removed from consideration. Motion: Council Member Espino made a motion, seconded by Council Member Burns that Mayor and Council Communication No. L -15116 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M&C L -15117 - Authorize the Sale of Eighteen Tax - Foreclosed Protierties 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 $118,050. 2 1. The recommendation was that the City Council Authorize the Sale of 18 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 $118,050.21; 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. Motion: Council Member Espino made a motion, seconded by Council Member Moss that Mayor and Council Communication No. L -15117 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. << Butler Street, for the Butler-McClure 1 � c Drainage CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 26 of 33 (L -15118 Continued) The recommendation was that the City Council Declare That Negotiations Between the City and the Landowner to Acquire Easement Interests in a Total of 0.124 Acre of Land, Owned by Graciela R. Garcia and Known as 1225, 1229 and 1233 East Butler Street, Lots 7, 8 and 9, Block 2, Weisenberger Sunny Hill Garden Addition, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Reach the Owners of the Property; Declare the Necessity to Take by Condemnation the Subject Property for the Butler - McClure Drainage Improvement Project; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire Easement Interests in the Surface Estate, But Not the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Mayor and Council Communication No. L -15118 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. c c 1 .................. ................. Storm-Drain Forest Park-Parkview The recommendation was that the City Council Declare That Negotiations Between the City and the Landowner to Acquire Easement Interests in a Total of 1.549 Acres of Land Owned by JSD /JLD Real Estate II Ltd., and Known as 2000 North Forest Park Boulevard and 2400 West Freeway, Lots 1 and 2, Block 34 -R, Edward Heirs Addition, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Reach an Agreement to Acquire the Easement Interests; Declare the Necessity to Take by Condemnation the Subject Property for the Easement Interests Needed for the Forest Park - Parkview Storm -Drain Project; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire Easement Interests in the Surface Estate, But Not the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman that Mayor and Council Communication No. L -15119 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ..,, ......... �,. �, �, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 27 of 33 (L -15120 Continued) The recommendation was that the City Council Declare That Negotiations to Acquire a Total of 0.30 Acre of Land Owned by Richard N. Abrams and Julienne Gail Martinez Abrams, Known as 4301 Briarhaven Road, Lot 1, Block 82 -A, Westcliff Addition, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because the City and the Land Owner Could Not Agree on the Purchase Price for the Easements; Declare the Necessity to Take by Condemnation the Subject Property for the Summercrest Court Drainage Improvement Project; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Needed Easement Interests in the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino that Mayor and Council Communication No. L -15120 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract AQpropLi�ation Ordinances. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Unrestricted Gas Lease Revenue Section of the Capital Projects Reserve Fund in the Amount of $402,448.00 From Available Funds for the Purpose of Transferring Said Funds to the General Fund; Authorize the Transfer From the Capital Projects Reserve Fund General Unrestricted Gas Lease Revenue to the General Fund; Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund From Available Funds for the Purpose of Providing Additional Funds for the Fort Worth Air Quality Study; and Authorize the City Manager to Execute Amendment No. 1 With Eastern Research Group, Inc., for the Study. Mayor Moncrief and Council Members Espino, Scarth, Zimmerman, Hicks and Jordan all requested an Interim Report be provided to the Council prior to completion of the study and the final report. They reiterated the importance of the Air Quality Study not only to the City but to the North Central Council of Governments and other cities across the nation. They stated that an update was necessary prior to the final report, due in June 2011, because the State Legislators needed to be advised on what they could to do to assist cities in terms of environmental protection. Additionally, Council Member Hicks requested that information be placed on the website detailing what these additional funds would be used for and what the interim report would include. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 28 of 33 (C -24659 Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 29 of 33 < < ......................... 1. The recommendation was that the City Council Authorize the City Manager to Execute a Public Right - of -Way Use Agreement and Consent to Partial Assignment of City Secretary Contract No. 35519 Granting DFW Midstream Services, L.L.C., the Right to Operate a Natural Gas Pipeline Across Randol Mill Road, North of its Intersection With Lowery Road; Sartain Road, Southeast of its Intersection With Brook Ridge Drive; John T. White Road, East of its Intersection With Cooks Lane; Ederville Road, East of its Intersection With Cooks Lane; Brentwood Stair Road, East of its Intersection With Cooks Lane; and Cooks Lane, Northwest of its Intersection With Drews Lane; Authorize the City Manager to Execute a Public Right -of -Way Use Agreement and Consent to Partial Assignment of City Secretary Contract No. 37456 Granting DFW Midstream Services, L.L.C., the Right to Operate a Natural Gas Pipeline Across Precinct Line Road, North of Randol Mill Road, and Cooks Lane, North of Colbi Lane. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss that Mayor and Council Communication No. C -24661 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. < < Im Development Certain Related The recommendation was that the City Council Authorize the City Manager to Execute a Tax Abatement Agreement With Texas Refinery Corporation for Property Improvements Located at 600 North Beach Street; and Authorize the Waiver of City Development Fees That Would Otherwise be Charged on Account of This Project. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman that Mayor and Council Communication No. C -24662 be approved with appreciation to the Housing and Economic Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. I'm Virg, c c 1 Street and Sanguinet Street and Adopt Appropriation CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 30 of 33 (C -24663 Continued) The recommendation was that the City Council Authorize the Transfer of $762,541.00 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of $557,191.50 and Sewer Capital Projects Fund in the Amount of $205,349.50; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and the Sewer Capital Projects Fund From Available Funds, etc.; and Authorize the City Manager to Execute a Contract With Stabile & Winn, Inc., in the Amount of $2,427,552.20, for Pavement Reconstruction, and Water Main Replacement for the Streets Listed Below: Fletcher Avenue Goodman Avenue Hervie Street Lake Como Drive Curzon Avenue Penticost Street Sanguinet Street Horne Street to Bryant Irvin Road North Horne Street to Bryant Irvin Road North Collinwood Avenue to Birchman Avenue Locke Avenue To Curzon Avenue Sanguinet Street to Neville Street Curzon Avenue to Diaz Avenue Donnelley Avenue to Houghton Avenue Motion: Council Member Burdette made a motion, seconded by Council Member Moss that Mayor and Council Communication No. C -24663 be approved with appreciation to the Transportation and Public Works Department and Appropriation Ordinance No. 19498 -12- 2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council Execute a Construction Contract in the Amount of $15,443,305.00 With Rogers- O'Brien Construction Company, Ltd.; Execute a Construction Administration Services Agreement in the Amount of $398,450.00 Plus Up to $8,900.00 in Reimbursable Expenses With Hahnfeld Hoffer Stanford, Inc.; and Execute a Geotechnical Materials Testing Agreement in the Amount of $120,068.00 With CMJ Engineering, Inc., to Construct the East Equestrian Facility at Will Rogers Memorial Center. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth that Mayor and Council Communication No. C -24664 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 31 of 33 I J11111111111 1 1 1 1111111111111 i , w L The recommendation was that the City Council Authorize the City Manager to Execute a Trust Fund Agreement With the North Texas Super Bowl XLV Host Committee, Inc., for Reimbursement to the City of Certain Super Bowl Related Expenses. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan that Mayor and Council Communication No. C -24665 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Authorize $169,941.70 with EAS Contracting L.P., for Improvements for a Temporary Heliport. The recommendation was that the City Council Authorize the City Manager to Execute a Construction Contract With EAS Contracting, L.P., for Improvements for a Temporary Heliport in the Amount of $169,941.70. Motion: Council Member Burdette made a motion, seconded by Council Member Espino that Mayor and Council Communication No. C -24666 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. ZONING HEARING I ......... ........ ......... ........, small equipm, ... e,n,,t ... r,,e,,D ... air,, and lav down vard; site Dlan included. (Recommended for ADDroval as the side fencelines) (Continued from a Previous Meeting) It appeared that the City Council, at its meeting of December 7, 2010, continued Zoning Docket No. ZC -10 -094, WTW Properties, 8601 Oak Grove Road; From "F" General Commercial to "PD/F" Planned Development for All Uses in "F" General Commercial Plus Small Equipment Repair, and Lay Down Yard; Site Plan Included. (Recommended for Approval as Amended to Include 40 Foot Spacing of Trees and Provision of Large and Small Canopy Trees Along the Side Fence Lines) (Continued from a Previous Meeting) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 32 of 33 (ZC -10 -149 Continued) Mr. Trace Strevey, representing the applicant, 6300 Ridglea Place, Suite 700, completed a speaker card in support of Zoning Docket No. ZC -10 -149, but did not wish to address the City Council. Motion: Council Member Hicks made a motion seconded by Council Member Zimmerman that the public hearing be closed and that Zoning Docket No. ZC -10 -149 be approved with appreciation to XTO Energy, as amended to include 40 foot spacing of trees and provision of large and small canopy trees along the side fence lines. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. 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 Hicks made a motion, seconded by Council Member Zimmerman, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19499 -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. XVI. CITIZEN PRESENTATIONS 1. Mr. Joe Don Brandon, P. O. Box 1155, Citizen Presentations Harassment Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and wished City Manager Fisseler good luck in the future relative to his impending retirement. He displayed his citizen presentation card from the November 16, 2010, City Council meeting and advised that he was allowed to speak on any subject he wished. He stated that he would not tolerate being harassed or yelled at during his citizen presentations. He stated that there was no such thing as a "House Rule" and the rules must be written CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 14, 2010 PAGE 33 of 33 (XVI. CITIZEN PRESENTATIONS - #1 Continued) down in order to be a rule. He commented on the possible criminal records of various civic leaders and stated it was wrong for those people to be in charge with their particular types of violations on record. He displayed a small baked potato and stated that the City was attempting to cut back on feeding the homeless and stated that this small potato was being served to the homeless. He also advised that Union Gospel Mission provided the most nutritious meals to the homeless in the community. Other Citizen Presentations: Ms. Carol Sullivan, 5216 Carol Avenue, appeared before Council and corrected a statement that she made at the November 16, 2010, City Council meeting. She advised that TCU had the highest pass rate on the Certified Public Accountant Exam, followed by Texas Wesleyan University and University of Texas at Arlington. She advised of three (3) goals to make the City a more livable place: enforce all laws and ensure public safety; enforce code compliance laws and pick up trash especially on City properties; and reopen the swimming pools that were closed due to lack of use or funding. XVII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVIII. ADJOURNMENT Mayor Moncrief announced that Council Member Hicks was re- elected to the Board of Directors to the National Black Caucus of Local Elected Officials during their most recent League of Cities National Conference in Denver, Colorado. He congratulated Council Member Hicks on the reapppointment and advised this was the third time she had served on this Board and pointed out that the Board was elected by members of the National Black Caucus of Local Elected Officials, a constituency group of the National League of Cities. There being no further business the meeting was adjourned at 8:28 p.m. These minutes approved by the Fort Worth City Council on the 4th day of January, 2011. Attest: Approved: Marty Henhix Michael J. Moncri City Secretary Mayor