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HomeMy WebLinkAbout2009/02/24-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Council Member Jungus Jordan, District 6 Staff Members Present Dale Fisseler, 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 10:15 a.m. on Tuesday, February 24, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Jordan absent. IL INVOCATION m Reverend Frankie Watley, Evangel Temple The invocation was provided by Reverend Frankie Watley, Evangel Temple. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF FEBRUARY 17, 2009 Council Member Burdette made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of February 17, 2009, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 2 of 14 V. SPECIAL PRESENTATIONS, , There were no special presentations, introductions, etc. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Council Member Moss expressed appreciation to everyone that attended the dedication of the Chuck Silcox Animal Control Center and the opening of the Spay/Neuter Clinic on February 21, 2009. He pointed out that more pet adoptions took place during the celebration than in the Center's entire history. He stated that the Center ran out of small dogs and puppies by 1:30 p.m., and that a waiting list was compiled. He added that the Spay/Neuter Clinic was an asset to the City of Fort Worth as it would help to prevent unwanted animals. Council Member Burdette reminded everyone in the west and northwest area of Fort Worth that the Fort Worth Police Department Forum would be held tonight at 7:00 p.m. at Brewer High School, 1025 West Loop 820 South. Mayor Pro tem Hicks expressed appreciation to Council Member Moss and City staff for the dedication of the Chuck Silcox Animal Control Center. She stated that there was a great turnout and it was a fitting tribute to former Council Member Chuck Silcox. She also expressed appreciation to Council Member Moss and City Manager Dale Fisseler for joining her in attending the Tarrant County Black Historical and Genealogical Society's opening of the Lenora Rolla Heritage Center Museum located in The Boone House, 1020 East Humbolt Street, on February 22, 2009. She advised that the restoration of The Boone House was partly funded by a grant from the City of Fort Worth and she was pleased to see City dollars being put to good use within the community and the Terrell Heights Neighborhood. She also announced that she attended the long-awaited groundbreaking for the Nashville Police Station with Mayor Moncrief and City staff on February 23, 2009. She stated that former Council Member Ralph McCloud had spent a great deal of effort on the project and it was going to be a beautiful facility. She further added that on February 23, 2009, she attended a meeting for an update on the Evans-Rosedale area and the Masonic Heights property, which would be known from now on as Renaissance Square. Council Member Burns stated that the Fort Worth South 8th Annual Banquet would be held on February 24, 2009, at 6:00 p.m. at the Masonic Temple, 1100 Henderson Street, to discuss all of the projects taking place on the near southside of Fort Worth. He encouraged anyone needing more information to visit the website at .fortwoghsouth.org. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 3 of 14 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Espino expressed appreciation to Ms. Jean McClung, Fort Worth Independent School District School Board Trustee, for providing him with a tour of the Fort Worth ISD Attendance Court adjacent to Eastern Hills High School. He stated that it was an eye-opening experience to see elementary children in truancy court. He advised of his attendance to former First Assistant City Manager Joe Paniagua's retirement party held on February 23, 2009. He expressed appreciation to the Council and staff for recognizing the contributions that Mr. Paniagua made to the City of Fort Worth and for his dedicated years of service. He advised that the Latinos Unidos Breakfast would be held on February 28, 2009, at the Intermodal Transportation Center, 1001 Jones Street. He stated that registration would begin at 8:30 a.m. followed by a presentation at 9:00 a.m. He added that Mr. Randy Turner, Director, Tarrant County Juvenile Services, would provide an overview of the Tarrant County juvenile system. He encouraged anyone with questions to call the Fort Worth Hispanic Chamber of Commerce at(817) 625-5411. 2.Recognition of Citizens There were no citizens recognized. VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. C-23360 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Motion: Council Member Scarth made a motion, seconded by Council Member Burdette, that Mr. Charles Edmonds, Jr., be reappointed to Place 4 of the City Plan Commission effective February 24, 2009, and with a term expiring October 1, 2010. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 4 of 14 X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS,. COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. XI.RESOLUTIONS 1.A Resoluti2n_Settiny..a Public HeAEjRg_12±e Held Duriflg_j �ltj Council MeE1jflg_Rggjfl!ljflg at 10:00 A.M. on Tuesdal, March 24, 2009, in the City Council Chamber of the City of Fort Worth, 10 0 Throckmorton Street, Fort Worth, Texas, to Consider Amendments to the Land Use Assum tions and Capital Improvements Plan Used in Calculating the Impact Fees for Water and Wastewater Facilities Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Resolution No. 3713-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. XII.CONSENT AGENDA Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. A.General - Consent Items 1.M&C G-16476 - Adopting Supplemental Appropriation Ordinance No. 18488-02-2009 Increasing Estimated Receipts and Appropriations in the General Fund in the Amount of $23,680.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding an Amendment to the Contract for Staff Augmentation Services for the Completion of the Comprehensive Annual Financial Report for Fiscal Year 2007 with Crowe Horwath, LLP; Authorizing the Use of Available Funds in Water and Sewer and Solid Waste Operating Funds in the Amount of $9,600.00; and Authorizing an Amendment to the Contract for the Financial Management Services Department for an Increased Total Cost Not to Exceed $33,280.00. 2.M&C G-16477 - Adopting Supplemental Appropriation Ordinance No. 18489-02-2009 Increasing Estimated Receipts and Appropriations in the General Fund in the Amount of $30,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Funding an Amendment to the Contract for Staff Augmentation Services for the Completion of the Comprehensive Annual Financial Report for Fiscal Year 2008 with Crowe Horwath, LLP; and Authorizing an Amendment to the Contract for the Financial Management Services Department for a Projected Increased Cost Not to Exceed $30,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 5 of 14 (XII. CONSENT AGENDA Continued) 3.M&C G-16478 - Authorizing Payment for the City of Fort Worth's Fiscal Year 2008-2009 Membership with the North Texas Commission in the Amount of$58,382.25. 4.M&C G-16479 - Authorizing the Temporary Closure of Bowman Roberts Road Between Texas Shiner Road and Brooklynn Drive from February 25, 2009, to May 30, 2009, to Facilitate Construction of Paving Improvements. 5.M&C G-16480 - Authorizing the City Manager to Accept a Monetary Donation in the Amount of$15,000.00 from an Anonymous Donor; Authorizing the Transfer of$15,000.00 from the Special Gifts Fund to the General Fund; Authorizing the Purchase of Equipment as Specified in the Grant Disbursement Guidelines; Adopting Supplemental Appropriation Ordinance No. 18490-02-2009 Increasing Estimated Receipts and Appropriations in the General Fund in the Amount of $15,000.00 from Available Funds, for the Purpose of Funding the Purchase of Equipment for Use at Various Fire Stations; and Adopting Appropriation Ordinance No. 18491- 02-2009 Increasing Estimated Receipts and Appropriations in the Special Gifts Fund in the Amount of$15,000.00 from Available Funds, for the Purpose of Transferring said Funds to the General Fund. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10925 - Authorizing Purchase Agreements for Boarding and Securing Services with Royalty Construction Group, Inc., and New Era Contract Services and the Code Compliance Department for a Total Amount up to $100,000.00. 2.M&C P-10926 - Authorizing a Sole Source Purchase Agreement of Microwave Data System Radios, from GE MDS, LLC, for the Water Department for $56,487.50. 3.M&C P-10927 - Authorizing the Purchase of Two 2009 Honda Motorcycles from Maxim Honda for the Police Department for $28,084.80. 4.M&C P-10928 - Authorizing a Purchase Agreement to Provide Grounds Maintenance with Goodwill Industries through the Texas Industries for the Blind and Handicapped of Fort Worth for the Parks and Community Services Department for an Annual Amount Not to Exceed $59,600.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 6 of 14 (XII. CONSENT AGENDA Continued) C.Land - Consent Items 1.M&C L-14719 - Approving the Acquisition of One (1) Permanent Facility Easement at 3900 Keller Hicks Road, Located in the William Huff Survey, Abstract No. 649, Tract 1D1B, North Fort Worth, Tarrant County, Texas, from Keller Woodland Springs III, Ltd.; Finding that the Price Offered in the Amount of$38,500.00, Plus an Estimated Closing Cost of$4,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 2.M&C L-14720 - Authorizing the City Manager to Execute a Drainage Facility and Waterway Agreement with Union Pacific Railroad to Provide Proper Storm Drainage for a New Development, Located North of Sycamore School Road, Between the Extension of Hemphill Road and the Union Pacific Railroad. The Developer of Winchester Park Phase II will Pay All Costs Associated with this Agreement. E.Award of Contract- Consent Items 1.M&C C-23357 - Authorizing the City Manager to Execute an Amendment to City Secretary Contract No. 28148 with the North Central Texas Council of Governments for the Period of October 1, 2008, through September 30, 2009, for an Amount Not to Exceed $28,838.00 for Continued Participation in the Regional Integrated Storm Water Management Program, Fiscal Year 2008-2009. 2.M&C C-23358 -Authorizing the City Manager to Execute a Written Consent to Deed of Trust Lien by Delta Aeronautics, Inc., in Favor of Justin State Bank for Lease Site Hangar 4N at Fort Worth Meacham International Airport. 3.M&C C-23359 - Authorizing the City Manager to Execute a Community Facilities Agreement with Everman Independent School District with City Participation in the Amount of$91,774.15 for the Installation of Water and Sanitary Sewer Services to Serve John and Polly Townley Elementary School Located in the Extraterritorial Jurisdiction and South of Fort Worth, Texas. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S-1709 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 7 of 14 XIV.REPORT OF THE CITY MANAGER F. Award of Contract- (Removed from Consent Agenda for Individual Consideration) 4.M&C C-23360 - Authorizing the City Manager to Execute a Contract with 2L Construction, LLC, in the Amount of $1,157,901.60, for Park Improvements at Oakmont and Clear Fork Parks; and Approve Naming the T ailhead at Clear Fork Park the "Art Cowsen Trailhead", Mr. Jerry Trimble, President of the Fort Worth Bicycling Association, 4713 Glenbrook Drive, Grapevine, Texas, appeared before Council in support of the naming of the Art Cowsen Trailhead. He advised that the Fort Worth Bicycling Association was a group of 350 families with 600 members and the second largest bicycle club in the State of Texas. He stated that Mr. Cowsen was a person who was always there for anyone who needed help, even when he was dealing with his own afflictions. He expressed appreciation to Ms. Adelaide Leavens, Fort Worth Streams and Valleys, Mr. Richard Zavala, Director, Parks and Community Services Department and Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, for naming the trailhead after Mr. Cowsen. Ms. Adeline Leavens, representing Fort Worth Streams and Valleys, P.O. Box 101373, appeared before Council in support of the naming of the Art Cowsen Trailhead and introduced Mrs. Art Cowsen, who was present in the Council Chamber. Ms. Leavens stated Streams and Valleys would be partnering with the Fort Worth Bicycling Association to apply for a neighborhood park development grant for items that were not included in the City's original plan. Mayor Moncrief and Council Members Burdette, Moss and Burns expressed appreciation to Fort Worth Streams and Valleys and the Fort Worth Bicycling Association for their efforts in promoting the use of bicycle transportation as a healthy form of exercise and that it helped to improve the quality of life for the City of Fort Worth. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23360 be approved with appreciation to Fort Worth Streams and Valleys and the Fort Worth Bicycling Association. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. B.General 1.M&C G-16481 - Approve an Ordinagig..A ti t o i rt Worth 2009 C Lomprehensive Plan; Analyzing Population Economic and Financial Trends; Describing Munici�ial Services and Facilities; Describing Economic and Techfl2!2ZjiaL_Lssues Affecting Development; Describing Implementation Tools; Dividing the City Into 16 Planning Sectors; Providing Maps Describing Proposed Future Land Uses and Recommended Land Use Policies for Each Sector; Establishing Goa s and Recommended Policies. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 8 of 14 (M&C G-16481 Continued) Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report and advised of the revisions based upon input received at the February 10, 2009, City Council public hearing. Mayor Moncrief, Mayor Pro tem Hicks and Council Member Burdette expressed appreciation to City staff for their work to help bring about development for the various corridors in the City. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16481 be approved with appreciation to City staff and Ordinance No. 18492-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 2.M&C G-16482 - Approve a 45 Day Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $13,957.9 for Police Officer David Manning e i i August 3 , 2008, through October 15,2008. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16482 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 3.M&C G-16483 - Approve a Three (3} Month Extension of Injury Leave-of-Absence Benefits in the Amount of $ , 56.32 for Police Officer Katherine Hopson Beginning October 4, 2008, through January 12, 2009. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16483 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 4.M&C G-16484 - Authorize the City Manager to Annly for and Accent, if Awarded, a Grant from e Federal Aviation Administration an A $20,000,000.00 rte Runw#A Extension ort Worth Alliance Air rt; A t rite the Use of Land Credits in an Amount up to $1,052,631.58 for the City's in Kind Local Match of Five Percent of the Proiect Cost; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of$21,052,631.58, Subject to Receipt of e Grant from the Federal Aviation Administration. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16484 be approved and Appropriation Ordinance No. 18493-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 9 of 14 5.M&C G-16485 - Authorize the C ity a s er t o y r a Acce t, i A are , a ra nt from the Federal Aviation Administration in an Amount up to $1,200,000.00 for Runway and __ax __ay Pavement Rehabilitation and First Year Portion of a Multi-Year Grant for an Air r Rescue and Firefighting Vehicle at Fort Worth Alliance Airport; A thorize the Use of Land Credits in an Amount up to $63,1 7.89 for the City's in-Find Local Match of Five Percent of the Proiect Cost; and Adopt an Appropriation Ordinance Increasigy, Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of $1,263,157.89, Subject to Receipt of the Grant from the Federal Aviation Administration. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16485 be approved and Appropriation Ordinance No. 18494-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. D.Land 1.M&C L-14721 -Ap rove the Pron2Le�d Settlement of the Claims of the Union Pacific Railroad Comt)anv in the Condemnation Lawsuit Entitled City of Fort Worth v. Union Pacific Railroad Company, et al., in the County Court of Law No. 3.,, No. 2008-067231-3; Authorize the Payment of $136,163.00, Plus Closing Co ts Estimated at $5,0 0.00 to the Union Pacific Railroad Company;-_and Authorize the Appropriate City Representatives to Execute the Documents , Necessary to Comt)1ete the Settlement. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L-14721 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. F.Award of Contract 1.M&C C-23361 - Authorize the City Manager to Execute a Contract with Dirtco, d/b/a Styles Contracting, in an Amount of$606,584.50 for 110 Working Days for Hot Mix Asp alt Concrete Surface Over lay 2009-1,Communitv Development Block Grant Proiect at Various Locations. Motion: Council Member Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23361 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 10 of 14 2.M&C C-23362 - Authorize the Cily_Manager to Execute a Contract with Dirtco, d/b/a Sty les Contracting, in the Amount of$732,001.60 for 110 Working g, pas for Hot Mix Asphalt Concrete Surface Overlav 2009-2, Communitv Deve loDment Block Grant Proiect at Various Locations. Motion: Council Member Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23362 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 3.MSC C-23363 - Authorize the Use of Interest in the Amount of $224,367.03 from the State Grant; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$224 367.03 from the Interest are from the UNT HSC Collaborative Agreem nt Grant from the State of Texas, Comptroller's Office,for the Purpose 2f Funding the Renovation of Guinn Elementars School; and A h rize the Ciy Y A na er to g_ Execute Change Order No. I in the Amount of$222,134.00 to Citv Secretary Contract No. 35727 a Construction Manager at is Contract with E3 Construction/Thos. S. BJrne, Ltd., a Joi t Venture, for Renovation of the Guinn Elementary School Located at Interstate 35 South and Rosedale Street, There Increasing the Con truction Manager at is Contract Amount to $1,722,134.00. Mayor Pro tem Hicks expressed appreciation to City staff for moving so quickly on this project and acknowledged Mr. Monte Elliott in the audience. She added that the renovation at Guinn Elementary School would benefit the entire City. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23363 be approved with appreciation to City staff and Appropriation Ordinance No. 18495-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 4.MSC C-23364 - Authorize the City Manager to Execute a Contract with JRJ Pa1iflgLkjfl the Amount of $1,081,883.13 fo r 260 Working Days for Litsev Road Phase 11 Roadw ay Improvements; and Accept Pa3:me t in the Amount of $919,687.21 from Denton L2HR11_f2r its are of the Roadwav Imr)rovements. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23364 be approved with appreciation. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 11 of 14 5.M&C C-23365 - Accept a Do ation of 5 25, r om the Fort Worth Public Lib rare Foundation to the Library Improvement Fund for the Construction of the Northwest Branch Librarv; A an AtmroDriation Ordinance Increasine Estimated ReceiDts and ADDroDriations in the Librar3: Improve ents Fund in the Amount of$125,000.00, from vailable Fu a Contract with Asa ll Construction CoffiDjaj to Construct the Northwest Branch Librarv; A an OrdinagLt Finding that the Summer len Branch Librga was Constructed and Delivered to Fort Worth Citizens as Included in the 1998 Imr�rovement Program; Authorize that the 1998 Cat)ital Imt)rovement Program Residual Funds Rglignal2d for said Librar3: be Used to Supp rt Construction of the Northwest Branch Lib rary as Included in the 2004 Cat)ital Imr)rovement Pro2ram; and Authorize the CitV Mana2er to Execute a Contract in the Amount of$2,750,786.00 with Alshall Construction C Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23365 be approved with appreciation to the Fort Worth Library Foundation and Appropriation Ordinance Nos. 18496-02-2009 and 18497-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 6.M&C C-23366 - Authorize the City Manager to Execute a Contract with EAS Contracting, LP, in the Amount of$707,969.00 for the Electrical Improvement Project at Fort Worth Alliance Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23366 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 7.MSC C-23367 - Authorize the City Manager to Execute an Engineering Agreement with TranSIstems Corpora ion Consultants for Site Selection of a Water Recyc li ng enter within Marl's Creek Drainage Basin West of Loop 820 West in the Amount of$274,407.00 Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23367 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 8.MSC C-23368 - Authorize the Ci �an�aer to Execute Amendment No. 2 in the Amount of $309 700.00 to City Secretary Contract No. 29797, an Engineering Agreement with Kimlej-Ho n and Associates, Inc., to Provide Additional Engineering Services on the Fort Worth Medical District Water Distribution Svstem Evaluation Study and Improvements, Part 2 Project, Thereby Increasing the Contract Amount to $1 Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23368 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 12 of 14 9.M&C C-23369 - Authorize the Transfer of$137 183.00 from the Water and SeM±LO erating Fund to the Water C 390.00 and Sewer C Lapital Pro*ects Fund in the Amount of $92, ital J_ Proiects Fund in the Amount of $44,793.00; AdoDt an ADDroDriation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Capital Project s e Amount of $92,390.00 and the Sewer Capital Projects F nd in the Amount of om Available Funds,forte Purpose of Authorizing an Engineering Agreement with Brown & Gav Engineers, Inc., for Water and Sanitarl Sewer Repl ace me t Contract 2 (Citj Project Number 01251); and Authorize the City Manager to Execute the Engineering Agreement in the Amount of$122,183.00. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23369 be approved and Appropriation Ordinance No. 18498-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 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 January 26, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Cases Recommended for Atmroval 1.Zoning Doc et No. ZC-08-201 - Kevstone Eguit3: Partners, LLC, 3900 Block of Ang e Avenue from "J" Medium Industrial to "PD/J" Planned Deve l22Mentfor All Uses in "J" Medium Industrial Plus ProcejEjggAgjMa1 Bvproducts into Biodiesel Fuel. Site Plan Waiver Recommended. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning Case No. ZC-08-201 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 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 Espino made a motion, seconded by Council Member Scarth, that the hearing be closed and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 13 of 14 ORDINANCE NO. 18499-02-2009 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 MUNCIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. XVL CITIZEN PRESENTATIONS 1.Mr. Joe Don Brandon x 1155 - Sports Labor Services Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that the homeless community had gathered recording equipment together and now a studio was being built that should be full service in about three (3) months. He stated that the community would be recording television shows and news broadcasts for blue-collar workers. He pointed out that women from Mental Health Mental Retardation that were being placed in the jail system needed employment when they were released. He also advised of the unsafe conditions of the Sports Labor Services Building at 104 South Freeway. Mayor Moncrief stated that City staff would look into the issues. Mr. Brian Blagg, representing Blagg Building Co., 206 Churchill Court, Weatherford, appeared before Council relative to being the low bidder for an alley maintenance contract. He expressed appreciation for the opportunity, but advised that he had received some resistance from the Purchasing Department because his bid was too low. He advised that his bid was for $.16 per foot and $85.00 per alley and that he stood by that bid. He requested assistance to determine if his bid would be rewarded. City Manager Fisseler requested that Mr. Blagg meet with Assistant City Manager Karen Montgomery to try and resolve the issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2009 PAGE 14 of 14 XVII.EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) It was the consensus of the City Council that they recess into Executive Session at 10:50 a.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, as authorized by Section 551.071 of the Texas Government Code: a. Legal issues concerning the enforcement of driver financial responsibility laws; b. Legal issues concerning any item listed on today' s City Council meeting agendas; 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 concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; 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. The City Council reconvened into regular session at 11:16 a.m. XVIII.ADJOURNMENT There being no further business, the meeting was adjourned at 11:16 a.m. in memory of Mr. Daniel Santino Suarez, 15-year old son of Ms. Theresa Alonso, City Manager's Emergency Management Office, who passed away on February 20, 2009. These minutes approved by the Fort Worth City Council on the 3rd day of March, 2009. Attest: Approved: r II H drix *chnc- Marty City Secretary Mayor