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HomeMy WebLinkAbout2009/03/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 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 Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 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 7:20 p.m. on Tuesday, March 10, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Pastor Les Wilson, East St. Paul Rap ist Church The invocation was provided by Reverend Cleveland Pimpton in the absence of Pastor Les Wilson, East St. Paul Baptist Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 3 2009 Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the minutes of the regular meeting of March 3, 2009, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 2 of 24 V. SPECIAL PRESENTATIONS, , 1.Presentation on the 100th Anniversary of t o Parks and ity Services D e rt e t Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a presentation on the 100th Anniversary of the Parks and Community Services Department. He provided a brief history of the City's parks, Botanic Gardens, Fort Worth Zoo, and the various youth programs provided to the citizens of Fort Worth and introduced Ms. Sheila Hill, Place 1 member of the Parks and Community Services Advisory Board who spoke briefly before the Council on this celebration. Mayor Pro tem Hicks and Council Member Scarth expressed appreciation to their District representatives serving on the Parks and Community Services Advisory Board and to City staff for all of their hard work. Presentation of Certificates of Recognition to Outgoing Board and Commission Members Council Member Burns presented Certificates of Recognitions to the following former Boards and Commissions members: Ms. Maria C. Fraire for her service on the Board of Adjustment - Residential from July 11, 2006, through January 16, 2009. Mr. Raymond O'Connor for his service on the Downtown Design Review Board from January 22, 2002, through December 4, 2008. Ms. Allison Thompson for her service on the Fort Worth Commission for Women from November 5, 2002, through October 1, 2008. Mr. Greg Ibanez for his service on the Historic and Cultural Landmarks Commission from January 27, 2006, through February 9, 2009. Mr. Tim Carter for his service on the Mayor's Advisory Commission on Homelessness from October 4, 2005, through December 15, 2008. Mr. Tony Guinn for his service on the Mayor's Advisory Commission on Homelessness from October 24, 2006, through January 15, 2009. Ms. Flora Brewer for her service on the Mayor's Advisory Commission on Homelessness from October 4, 2005, through September 15, 2008. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 3 of 24 (Presentation of Certificates of Recognition to Outgoing Board and Commission Members Continued) Ms. Laurie McCoy for her service on the Urban Design Commission from September 28, 2008, through November 20, 2008. Mr. David Berzina for his service on the Mayor's Advisory Commission on Homelessness from April 3, 2007, through December 15, 2008. Council Member Burns also recognized the following Boards and Commissions members; however, they were not present in the Council Chamber: Mr. Paul Kaufman for his service on the Mayor's Committee on Persons with Disabilities from June 5, 2005, through December 12, 2008. Ms. Monica Prather for her service on the Fort Worth Commission for Women from November 6, 2007, through November 10, 2008. City Secretary Hendrix advised that the following Boards and Commissions members were not able to attend the Council meeting: Ms. Devan Allen for her service on the Animal Shelter Advisory Committee from September 11, 2007, to December 18, 2008. Ms. Sarah Walker for her service on the Community Development Council from February 6, 2001, to September 10, 2008. Mr. Larry Eason for his service on the Mayor's Advisory Commission on Homelessness from October 4, 2005, through January 15, 2009. VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Council Member Jordan requested that the Council meeting be adjourned in memory of Mr. Julian Tarin, the two-year old toddler who was tragically killed in an SUV accident at his home in southwest Fort Worth. He expressed sympathies to his parents and entire family. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 4 of 24 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Moss announced that the Celebration of Life, HIV and AIDS Awareness Concert would be held on April 11, 2009, from 2:00 p.m. - 6:00 p.m., at the Fort Worth Convention Center and invited everyone to attend. He advised that the HIV testing event held at the AIDS Outreach Center on March 7, 2009, had a significant turnout and it was a fun experience. He reminded everyone that HIV testing would take place from 12:00 noon to 6:00 p.m., on March 14, 2009, at the Martin Luther King Community Center, 5565 Truman Drive, March 21, 2009, at the Tarrant County Health Department, 1101 South Main Street, March 28, 2009, at the JPS Health Center, 3301 Stalcup Road, and April 4, 2009, at the Como Community Center, 4900 Horne. He expressed appreciation to the AIDS Outreach Center, City of Fort Worth, Tarrant County Health Department, JPS Health Network, 97.9 the Beat Radio Station and the newest sponsors including the North Texas Health Science Center, the City of Arlington, the Fort Worth NAACP, State Representative Marc Veasey, State Senator Wendy Davis, Mayor Moncrief and Council Member Espino for recognizing the need for education and testing related to HIV and AIDS. Mayor Moncrief stated that he was glad to support the effort and encouraged members of the Council for their involvement as well. Council Member Burns advised that a great amount of work had been done with the Northeast/Southwest Rail Corridor. He stated that transit-oriented development could change the landscape of a community, create employment and commerce and foster sustainable growth. He advised that the Fort Worth Transportation Authority (the "T"), had just finished the results of a study for the Commuter Railroad Project, the Northeast/Southwest Rail Corridor. He added that the "T" had requested that a national expert on transit oriented developments from Reconnecting America, come and discuss the recent transit oriented development success stories from around the country. He advised that the expert would be present for a workshop to be held on April 1, 2009, at 6:00 p.m. at the Intermodal Transportation Center at 1001 Jones Street. He encouraged those interested in attending to call the District 9 office at(817) 392-8809. Mayor Pro tem Hicks expressed appreciation to Ms. Stefanie Martinez, Building Standards Division Superintendent, Code Compliance Department, and City staff for the clean up that took place in District 8 on the Saturday before the Lenora Rolla Center opening on February 22, 2009. City Manager Fisseler reminded the Council that the Council meeting for March 17, 2009, was cancelled due to Spring Break. Mayor Moncrief stated that he attended the first-ever Safe City Ball at the new Omni Fort Worth Hotel on March 7, 2009. He advised that the Safe City Commission had worked with law enforcement, the District Attorney's Office and community leaders to help keep the crime rate down in Fort Worth and the Region. He added that Country Star Randy Travis was the entertainment and stated that the event had raised more than $400,000.00 because the Safe City Commission had been and continued to be such an outstanding organization. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 5 of 24 2.Recognition of Citizens The recognition of citizens was included in the Special Presentations, Introductions, Etc., portion of the meeting. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. G-16489 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication No. L-14729 be withdrawn from consideration and L-14731 and L-14732 be continued to the April 7, 2009, Council meeting, G-16470 and L-14734 be continued to the April 14, 2009, Council meeting and C-23377 be continued to the June 2, 2009, Council meeting. Council Member Jordan explained that M&C L-14729 was being withdrawn from consideration to allow City staff to work in conjunction with the Neighborhood Coalition to negotiate regarding alternate parkland locations. Mayor Moncrief recognized Mr. Phillip Wiggins, 5500 Appalachian Way, and Ms. Tolli Thomas, 5341 Wooten Drive, as having completed Citizen Presentation cards in opposition to L-14729. Mr. Wiggins and Ms. Thomas stated that they did not wish to address Council since the M&C had been withdrawn from consideration. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Mr. Rubby Smith be appointed to Place 5 on the Building Standards Commission effective March 10, 2009, and with a term expiring September 30, 2009. The motion carried unanimously eight(8) ayes to zero (0) nays. X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 6 of 24 XI.RESOLUTIONS 1.A Resolution Authorizing a Preference to Vendors that Meet or Exceed any State or Federal Air-Quality Standard,Including Voluntary Standards City Manager Fisseler advised the City Council that the resolution had been revised to change the following: WHEREAS, the "new state standards" to "new standards"; and "becomes effective March 1, 2009, " to "became effective March 2009." WHEREAS, on October 2, 2007, Resolution No. 2536-10-2007 changed to "3536-10-2007." Section 4. Changed October 2, 2008, to "October 2, 2007." Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Resolution No. 3715-03-2009 be adopted as amended. The motion carried unanimously eight(8) ayes to zero (0) nays. XIII.CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that the Consent Agenda be approved as amended as follows. The motion carried unanimously eight (8) ayes to zero (0) nays. A.General - Consent Items 2.M&C G-16490 - Authorizing the City Manager to Initiate Certain Zoning Changes at 7200 and 7400 Blue Mound Road, from Various to "A-5" One-Family and "E" Neighborhood Commercial, in Accordance with the 2009 Comprehensive Plan. 3.M&C G-16491 - Approving the Settlement of the Lawsuit Entitled Clark E. Birdsall v. City of Fort Worth, by and through the Fort Worth Police Department, Cause No. 348-225771-07; Authorizing the Payment of $40,000.00 to Clark E. Birdsall and the Law Firm of Stradley and Wright in Full and Final Settlement of the Lawsuit; and Authorizing the Appropriate City Personnel to Execute the Releases and Agreements Necessary to Complete the Settlement. 4.M&C G-16492 -Authorizing the Temporary Road Closure of a Portion of Sansom Park Drive between Angle Avenue and Rock Island Drive from March 16, 2009, Until July 31,2009. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 7 of 24 (XHI. CONSENT AGENDA Continued) B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10934 - Authorizing a Purchase Agreement for Emergency Pipe Repair with Hanson Pipe and Precast, Inc., for the Water Department for an Annual Amount up to $50,000.00. 2.M&C P-10935 - Authorizing a Sole Source Purchase Agreement for Original Equipment Manufacturer (OEM) Caterpillar Equipment Repair and Parts with Holt Cat for the Equipment Services Department for an Annual Amount up to $50,000.00. 3.M&C P-10936 - Authorizing a Purchase Agreement with Harris Lawn Care to Provide Mowing Services for South District Parks for an Amount Not to Exceed $33,350.00. 4.M&C P-10937 - Authorize a Purchase Agreement for Reflective Raised Pavement Markers with Ennis Paint, Inc., for the Transportation and Public Works Department for an Annual Amount up to $39,900.00. 5.M&C P-10938 - Authorizing the Purchase of Two (2) Interstate 40DLA Trailers with Hydraulic Ramps for the Water Department from Interstate Trailers, Inc., using Texas Association of School Boards' Contract for an Amount Not to Exceed $41,520.00. C.Land - Consent Items 1.M&C L-14724 - Approving the Acquisition of One (1) Right-of-Way Easement, One (1) Permanent Drainage Easement and Two (2) Temporary Construction Easements Described as Parcel Nos. 1, 12a, 13a and 3.1, N.B. Risk Survey, Abstract 1913, Tarrant County, Texas, from GBR Realty, Ltd., Located on Granbury Road, for the Widening of Granbury Road; Finding that the Price Offered in the Amount of$84,437.00, Plus an Estimated Closing Cost of$5,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 2.M&C L-14725 - Approving the Acquisition of One (1) Temporary Construction Easement from the Keller Independent School District, at 11300 Alta Vista Road Described as Parcel No. 1, Jesse Billingsley Survey, Abstract 70, Keller ISD Tract, Located in North Fort Worth, Tarrant County, Texas, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of $9,500.00, Plus an Estimated Closing Cost of $3,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 8 of 24 (XHI. CONSENT AGENDA Continued) 3.M&C L-14726 - Authorizing the Execution of a Storm Water Facility Maintenance Agreement with Love's Travel Stops and Country Stores, Inc., and Sisbro Partners, L.P., for Property Located at 300 Garden Acres Drive in South Fort Worth at No Expense to the City of Fort Worth. 4.M&C L-14727 - Authorizing the Execution of a Storm Water Facility Maintenance Agreement with Service King Paint and Body, LLC, for Property Located at 9601 South Freeway in South Fort Worth at No Expense to the City of Fort Worth. D.Planning & Zoning - Consent Items 1.M&C PZ-2816 - Adopting Ordinance No. 18506-03-2009 Vacating and Extinguishing Three (3) Portions of Container Way, 80 Feet Wide by 1,425 Feet Long Containing 11,600 Square Feet of 0.2662 Acre of Land, Located South of Intermodal Parkway, Situated in the Greenberry Overton Survey, Abstract Number 1185, City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain all Existing Utilities Easements; and Waive City Policy (M&C G-15624) Regarding Valuation of Street and Alley Transactions. E.Award of Contract- Consent Items 1.M&C C-23386 - Authorizing the Execution of an Agreement for Streetscape Maintenance and Landscaping Services with Carlyle/Cypress West 7th, LP, for the Mixed Use Development on West 7th Street at No Expense to the City of Fort Worth. 2.M&C C-23387 - Authorizing the City Manager to Execute a Work Order with Job Order Contractor,Yeargan Construction Company— The Mark IV Construction Group in the Amount of $32,047.56 to Repair the Concrete Driveway Entrance from Commerce Street at the Fort Worth Convention Center. 3.M&C C-23388 - Authorizing the City Manager to Execute Renewal No. 1 of City Secretary Contract No. 35639 with Dustrol, Inc., in the Amount of $84,000.00 for Surface Wedge Milling Projects at Various Locations, as Needed. 4.M&C C-23389 - Authorizing the Transfer of$63,132.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; Adopting Appropriation Ordinance No. 18507-03- 2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of $63,132.00, for the Purpose of Authorizing Amendment Number 1 to City Secretary Contract Number 28081 with C112M Hill, Inc., for Water Replacements; and Authorizing the City Manager to Execute the Amendment in the Amount of $59,132.00 for Additional Engineering Services thereby Increasing the Contract Amount to $158,325.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 9 of 24 XIV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1711 - Notice of Claims for Alleged Damages and/or Injuries 2.00S - 1712 - Liability Bonds Approval Parkway Contractor Insurance Company L & C Advanced Elevations LLC Old Republic Surety Company Carlos Herrera Maldonado DBA Herrera's Construction Western Surety Company Arturo Benites, III DBA Rock Solid Concrete RLI Insurance Company Richard D. Woods DBA Woods Concrete Construction RLI Insurance Company Cate Concrete, Inc. RLI Insurance Company End of Consent Agenda. XV.REPORT OF THE CITY MANAGER A.Benefit Hearing - None B.General 1. -Authorize the City Manag er to Initiate Certain Zoning Chang es in the 4200— Blocks of Heritage Glen D rive and and 7 — 9800 Blocks of North Beach Street, from Various to "A-5" One-Family, "112" Townhouse/Cluster and "E" Neighborhood Commercial, in Accordance with the 2009 Comprehensive Plan. - (Removed from Consent Agenda for Individual Consideration) Council Member Espino stated that the rezoning would be amended to remove 8901 North Beach Street from the 2009 Comprehensive Plan. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16489 be approved as amended. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 10 of 24 1.M&C G-16470 - Consider a Waiver for a jjj m act as Well Permit to Allow the Dri of the Rivercrest Bluffs III Gas Well on the Rivercrest Bluffs Lease Located in the Rivercrest Addition Block 14RI, Lot C (Continued from February 10, 2009) (PUBLIC HEARING}. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. (Council Member Jordan left his place at the dais.) a. Report of City Staff There was no Report of City Staff. b.Citizen Presentations The following individuals appeared before Council in opposition to the waiver. They expressed concern relative to public safety, impact to the trees and environment, location of the pad site being so close to residential properties and Castleberry Independent School District, noise, protection of water resources, changes in technology and the violation of Constitutional rights. They also pointed out that the neighborhood was beginning to thrive as a result of the Trinity River Vision and expressed concern that the pad site would interfere with new growth. Mr. Robert Downey, 220 Nursery Lane (Also provided map for City Council) Ms. Tammy Downey, 220 Nursery Lane Mr. Paul Bell, 204 Nursery Lane (Also provided map for City Council) Mr. Billy Bradbury, 23 Legend Road c.Council Action Council Member Burdette advised that the request was for a well site within 600 feet of 17 homes and properties on Nursery Lane. He stated that Chesapeake had gone to residents to obtain waivers but were unsuccessful. He pointed out that if all 17 residents had signed the waiver, it would not be an issue for the City Council to vote on. He added that he would postpone the hearing so that Chesapeake and the residents of the Rivercrest Addition could address the questions and concerns that had been raised. He stated that he could not respond to the question raised to whether or not there might be other suitable locations for the well site or whether it could be moved or not. He expressed concern with a well being drilled within an area so close the homes. He urged Chesapeake and the property owners to try and resolve the issue and Council would readdress at the April 14, 2009, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 11 of 24 (M&C G-16470 Continued) Mayor Moncrief added that he had a difficult time supporting the well site without all 17 waivers being signed. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16470 be continued until the April 14, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays and with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 2.M&C G-16493 -Ap rove the 2008 Ad Valorem Tax Roll. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16493 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 3.M&C G-16494 - Adopt a Resolution Continuing and Expanding an Economic Development Pro2ram Authorized by Chapter 380 of the Texas Local Government e. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16494 be approved and Resolution No. 3716-03- 2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 4.M&C G-16495 -Ad2g an Ordinance Adiusting the Total Number of Authorized Civil Service Positions in the Police Department; Adding ree (3) 0 cer Positions for Homeless Initiati e; Providing a Statement of Puruose and Intent for the Adoption and Implementation of this Ordinance, eCtli a arc , 2 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16495 be approved and Ordinance No. 18508-03- 2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 12 of 24 5.M&C G-16496 - Adopt an Ordinance Adopting the 20 9 Master TL2K2Hghj are_E!RR_LRate Rer�lacin the Existing 2004 Master Thoroughfare Plan and Incorporating the Current Street DeveloDment Standards: Roadwa3: Standar s and Master Thoroughfare Plan (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of Citv Sta Mr. Mark Rauscher, Planning and Development Manager, Transportation and Public Works Department, appeared before Council and provided a brief overview of the approved amendments to the 2004 Master Thoroughfare Plan along with an overview of the changes in the Street Development Standards. He stated that there were 65 additional amendments proposed at the Pre-Council meeting on March 3, 2009, including 53 reclassifications being done as a result of various right-of-way constraints in the area and the need to be consistent to the developers' plans and plats. He advised that the 12 realignments were being done to avoid constraints related topography such as floodplains and to consolidate various arterial crossings with railroads. He stated that the street design philosophy was to design streets that matched the adjacent land uses they travel to. He added that a three-lane minor arterial classification was created to help decrease congestion caused by turning lane traffic on Carroll Avenue. He further added that the connectivity for street and pedestrian traffic would be improved, traffic in residential areas would be decreased, grade separated railroad and arterial crossings would be built, accommodations would be provided for pedestrians and bicyclists, the Traffic Impact Study Guidelines would be updated and a new multi-model arterial concept would be created for the streetcar system. He requested approval of the ordinance so that the Transportation and Public Works Department could publish new maps and standards document. b.Citizen Presentations There were no citizen presentations. c.Council Action Council Member Burdette stated the Master Thoroughfare would be adopted with the exception of Reclassification No. 7. He advised that it was for future State Highway 70 from Morris Dido Newark Farm Road 1220 to the west side of Eagle Mountain Lake. He requested that the location be retained in the Master Thoroughfare Plan as it currently existed. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-16496 be approved as amended and Ordinance No. 18509-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 13 of 24 C.Purchase of Equipment, Materials, and Services 1.MSC P-10939 - Authorize a Purchase Agreement for Sign Sheeting Material with 3M Company for the Transportation a d Public Works Depar me for an Annual A u to $1762790.00. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10939 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.MSC P-10940 - Authorize Purchase Agreements to Provide Cleanu and Grounds Maintenance of City Allevs with Blan Bu1 n2 Co., LLC, and New ra Contract Services for jhL_jrans2ortation and Public Works Department for a Total Annual Amount Not to Exceed $1 ,000,000.00. Mr. Bryan Blagg, 206 Churchill Court, Weatherford, Texas, appeared before Council in support of the purchase agreement. He provided a brief overview of the notice his company would mail out to residents regarding cleanup and alley maintenance, and stated that he would be using propane mowers recommended by the Environmental Protection Agency to reduce emissions. He advised that there was not currently a Minority and Women Business Enterprise (M/WBE) owned business in the State of Texas that used propane mowers and added that the cost of fuel interfered with participation. Mayor Moncrief stated that he had been advised by the City Attorney that the City could enter into a sole source purchase if there was only one vendor that provided the service. He added that the City was sensitive to the M/WBE requirement, but if there were no providers of that service then the only other option was to go with a provider that provided the environmentally friendly service. Mr. Blagg stated that all of his services had M/WBE participation with exception of the propane fuel. Mayor Pro tem Hicks expressed appreciation to City Manager Fisseler for pursuing alley clean up even with the current state of the economy and requested a listing of addresses for the next phase where clean up would take place. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. P-10940 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 14 of 24 D.Land 1.M&C L-14728 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that No Feasible or Prudent Alternative Exists to Drilling and Extracting Gas from Underneath these Park Sites; Find that the Proposed Conversions Include all Reasonable Planning to Minimize Harm to the Parkland-.and Close the Public Hear a A uthorize the CLtLManager to Convert the Followin2 Parks for Subs urf ace-Drilling and the Extraction of Natural Gas from an Off Site Location: Eastover Park, 4300 Ramey Avenue, Located to the south of Avenue West of Hu2hes, North of Ramev Avenue and East of Coleman Avenue; and Wil is McDonald Park,5400 Eastland Street, Locate to the South of Eastland Street and East of C Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14728 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.It was the Consensus of the City Council that Mayor and Council Communication No. L- 14729, Authorize Conversion of Parkland at Rosenthal Park Located at 5200 Hastings Drive and Trail Lake Estates Park Located at 7160 Trail Lake Drive for the Purr)ose of Subsurface Drillin and the Extraction of Natural Gas from an Off Site Location, be Withdrawn from Consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 15 of 24 3.M&C L-14730 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that No Feasible or Prudent Alternative Exists to Drilline and Extractine Gas from Underneath these Park Sites; Find that the Proposed Conversions Include all Reasonable Planning_to Minimize Harm to the Parkland-.and Close the Public a ri a A uthorize the CLtLManager to Convert the Following Parks for Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Como Community Center Park, 4900 Horn Street, Located to the South of Manhattan Drive and West of Horne Street; and Highl nd Hills Par k,1600 Glasgow Road, Located East of Cloverdale Drive, West of the Union Pacific Rail Road, North of Engbiad rive and Glasgow Road. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of Citv Sta Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Council Member Burdette pointed out that at a previous meeting, Council voted to approve a conversion of the Lake Como Park near the same neighborhood as the Como Community Center Park. He stated the a number of the homeowners in that community leased their privately owned land and added that the conversion of City land would assist the homeowners in getting a well site in that area and having their gas produced. Mayor Pro tem Hicks stated that Highland Hills Park was in District 8 and expressed appreciation to Mr. Pitchford for going out into the neighborhood with her last month to meet with the residents and address how the dollars from the conversion could be used. Mayor Moncrief added that he was excited about the conversion and that it had been a long time coming for the Como community. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. L-14730 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 16 of 24 4.M&C L-14731 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that No Feasible or Prudent Alternative Exists to Drilline and Extractine Gas from Underneath these Park Sites; Find that the Proposed Conversions Include all Reasonable Planning_to Minimize Harm to the Parkland-.and Close the Public a ri a A uthorize the CLtLManager to Convert the Following Parks for Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Fairmount Park 1501 5th Avenue M Located to the South of Artie Street, West of Henderson Street, as o 5th Avenue and North of Maddox Avenue,Jennings-Maj:st. Louis Park, 3041 South Jennings Avenue, L cated to the South of Jennings Ave e and ay Street,West of Union Pacific Rail Road and North Berry Street; an Rosemont Pa est Se ►inary Drive, Located North of Seminary Drive East of 8th Street South of Bolt Street and East of 6th Street. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of Citv Sta Mr. David Creek, Park Land Superintendent, Parks and Community Services Department, appeared before Council and provided a staff report. b.Czen Presentations Dr. Jim Hodges, 2940 South Jennings, appeared before Council in opposition of the conversion. He stated that the Jennings-May-St. Louis neighborhood had never been contacted about the proposed conversion and he wanted to make sure that the residents of the neighborhood were not being taken advantage of. He pointed out that homeownership in the neighborhood had increased, the roadways and street lights were in good condition, crime had decreased, 180 trees had been planted and gates had been placed around the neighborhood using model block funds. He advised that there were signs posted in the park that stated that the playground equipment would be moved and that residents were concerned. He stated that he was not opposed to gas drilling, but that he neighbors to the west had received a large signing bonus, while most in his neighborhood only received $500.00 to $1,000.00. He advised that the socioeconomic status of the neighborhood had put them at a disadvantage and requested that dialogue between the neighborhood, City staff and bidders about providing funds for landscaping and other work in the Jennings-May-St. Louis neighborhood take place before a final decision was made. c.Council Action Council Member Burns expressed concern that the neighborhoods potentially were not getting the information that had been sent out and directed Mr. Pitchford to look into the manner and requested clarification on how the letters were sent out. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 17 of 24 (M&C L-14731 Continued) Mr. Pitchford stated letters were sent out from the neighborhood office to registered Neighborhood Associations. He advised that the Parks and Community Services Department went beyond what the state required when it came to contacting registered Neighborhood Associations and the City posted signage at the park, which was not a requirement of State law. He expressed support for a delay so that he could meet with Dr. Hodges. Council Member Burns stated that the Jennings-May-St. Louis neighborhood had a legendary Model Blocks Program and it was viewed as one of the best the City of Fort Worth had done. He added that the gates had brought a significant change to the neighborhood in terms of cross traffic and crime reduction, but after the gates were constructed, there were no model block funds left for ongoing maintenance. He added that he had gone out to the neighborhood the previous evening and saw the disrepair of the gate and stated that options were going to be looked at to repair the gate. He pointed out that the conversion would only allow the City to put out a bid for leasing the property and not for the actual drilling itself. He requested the public hearing be continued to the April 7, 2009, Council meeting to allow more time for public input. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14731 be continued to the April 7, 2009, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays. 5.M&C L-14732 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and 1 l e Code, Chapter 2 , Protect l on of Public Parks and ecre tl a Lands; F 1 nd that No Feasible or Prudent Alternative Exists for the Location of the Proposed Gas Pipeline for Hallmark fir ; a e Proposed as Pipeline Includes a Reasonable Planning_ Minimize Harm to to Parkland, a c i that the Pipeli e will be Constructed in Hallmark Park as Specified; Close the Public Hearing and Authorize the City Manager to Convert A roximately .557 Acre of Dedicated Parkland for the Installation of a 24-Inch Gas Pipeline at Hallmark Park, 820 Svc re School Road, Located North Sycamore School Road, ast of Union Pacific Railroad and est of Trimble rive; an Authorize t o Execution a License Agreement with Texas Midstream Gas Services, Inc., in the Amount of 554,607.50. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, provided a staff report and stated that Chesapeake had requested that the public hearing be continued until the March 24, 2009, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 18 of 24 (M&C L-14732 Continued) b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the public hearing remain open and Mayor and Council Communication No. L-14732 be continued until the April 7, 2009. Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays. 6.M&C L-14733 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protect on of Public Parks and Recreational Lands; F nd that No Feasible or Prudent Alternative Exists for the Location of the Pror)osed Gas Pir)eline for Highland Hills Park; ind that the Proposed Gas Pipelin Includes all Reasonable Planning o Minimize Harm to the Parkland, and Including that the Pipeline will be Constructed in Highland Hills Park as Specified; Close the Public Hearing and Authorize the City Manager to Convert Approximately .089 Acres of Dedicated Parkland for the Installation of a 16-Inch Gas ed as of Cloverdale DriveWest of the Union Pacific Rail Road North of En2blad Drive South of Glasgow Road; an Authorize the Execution of a License Agreement with Energy Transfer FuelL.P.,,in the Amount of$8,779.50. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Mr. David Creek, Park Land Superintendent, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the public hearing be closed and Mayor and Council Communication No. L-14733 be approved with appreciation to City staff. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 19 of 24 7.M&C L-14734 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that No Feasible or Prudent Alternative Exists to Drilline and Extractine Gas from Underneath this Park Site; Find that the Proposed Conversion Includes All Reasonable Planning Harm to the Parkland; and Close the Public Hearing and Authorize the City Manager to Convert the Followin2 Park for Subsurface Drilling an the Extraction of Natural Gas from an Off-Site Location: Sycamore Park, 2525 East Rosedale _Street, Approximately 88.02 Acre Located to the South of Vickery est of South Beach Street, rt sedale Street and East of Sycamore Terrace. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. c.Council Action Mayor Pro tem Hicks advised Mr. Pitchford that she would like to meet with the affected neighborhood before Council approved the conversion and stated that she wanted to continue the public hearing until the April 14, 2009, Council meeting. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14734 be continued to the April 14, 2009, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays. E.Planning & Zoning 1.M&C PZ-2817 - Approve a Resolution Amending the City of Fort Worth's Annexation Plan to Remove an Approximately 82-Acre Tract of Land Located South of Ray White Road and North of Wall Price Keller Road, Covering the Hillsborough, Lee Ray's Place and Wilshire Valley Subdivisions, from the Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 20 of 24 (M&C PZ-2817 Continued) Council Member Espino advised the City's annexation plan involving Area 15, including the residential subdivisions of Wilshire Valley, Hillsboro and Lee Ray's Place would be amended. He reminded Council that residents from the subdivisions had appeared before Council in the fall of last year opposing the annexation. He stated that the subdivisions were being considered for full-purpose annexation on November 28, 2010, and December 29, 2010, but based on the strong advocacy of the neighborhoods, the hard work of Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, Ms. Allison Gray, Planning Manager, Planning and Development Department, and the homeowners, a public meeting was held on March 9, 2009, and a compromise was reached to remove the three subdivisions under the rationale that they did not receive sufficient notice from the City of Fort Worth, the sellers or the builders of the subdivisions where they were being advertised as low 1.99 percent tax rate. He stated that the property owners of the area did not know they could be subject to annexation in the future. He advised that the subdivisions would be added in next year's annexation plan and would be considered for annexation in July 2013, but the City would provide notice to the deed records of Tarrant County so that any future buyers would know that they were subject to annexation by the City of Fort Worth. He added that we would work with the builder to remove the signs regarding the low tax rate because that did not adequately represent the City's future regarding annexations. He requested that the numerous emails he received in support of amending the annexation plan be added to the record. Ms. Joyce Mallon, 5225 Memorial Drive, Keller, Texas, appeared before Council in favor of the amended annexation plan. She stated that residents of the subdivisions chose to live there because builders advertised a low tax rate. She stated that a tax increase for 2010 would be detrimental to residents and could cause many of them to lose their homes to foreclosure. She requested Council support for the amendment. Mayor Moncrief recognized the following individuals as being in support of the amended annexation plan, but they did not wish to address Council: Mr. Clark Young, 5140 Leeray Road, Keller, Texas Mr. Ray Garsee, 5236 Westheimer Road, Keller, Texas Ms. Sarah Gale, 12016 Gessner Drive, Keller, Texas Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2817 be approved with appreciation and Resolution No. 3717-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. (Council Member Espino left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 21 of 24 F.Award of Contract 1.It was the Consensus of the City Council that May and Council Communication No. C- 23377, Authorize a Pub a License to Use Certain Public Eight-of-Way for the Purpose of Operating a Natural Gas Trans m is sion_Eipeline Across the Following ine Locations: East Seminarl Drive, East of ole Street; Oak Grove Road North of Campus Drive; Mesa Boulevard East, West of Oak Grove Road; Joel East Road, est of Oak Grove Road; Oak Grove Road, orth of John Burgess Drive,.,,.,OakGroveRoad, orth of Enon Avenue-Will Rogers Lane, Nort of Ever man Parkway, Everman PaEhffaL_West of Rogers Boulevard- Garden Acres rive, es9t of Deer Creek Drive for a One-Time License Fee of $43,194.00, be Cont nued to the June 2,2009, Counci eeLing.jContinued from 2.MSC C-23390 -Authorize the City.Manager to Ador�t a Resolution to Increase the Amount to be Paid to Lowell Denton of the Law it Denton,Navarro,Roc ha and_Bernal, P.C. $100,000.00, for a T to Amount Not to Exceed $200,000.00, t o Assist City Staff it Emt)lovment and Labor Issues Related to Public Safety Labor Negotiation Issues. (Council Member Espino returned to his place at the dais.) Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23390 be approved and Resolution No. 3718-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. 3.M&C C-23391 - Authorize the City_Manager to Execute Amendment No. 2 to the Commu ity Facilities Amement with Waterview Estates, L.P., for Certain Drainage Improvements within the Waterfront at Enchanted Bay Residential Development (City Secretary Contract No. 335 to Revise the Milestones Required for City Participation in the Proiect. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23391 be approved with appreciation to City staff. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 22 of 24 4.M&C C-23392 - Authorize the Transfer of$862, 01.61 from the Water and SeM±LO erating 6 Fund to the Water C 630.00 a Lapital Pro*ects Fund in the Amount of $443, d Sewer C Projects Fund in the Amount of $418,971.61; Adopt an A ropriation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Capital Project s e Amount of $443,630.0 and in the Sewer Capital Pro'acts Fund in the Amount of $41 m Available Funds for the Purgose of Executing a Contract with Stabile & WinnInc. for Pavement Reconstruction and Water and Sanitary Sewer Replacem nt on Canton Drive, Church Street, Halbert Street and Van Natta Lane; a nd Authorize the City Manager to Execute the Contract in the Amount of$2,153,409.42. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23392 be approved and Ordinance No. 18510-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. 5.M&C C-23393 - Authorize the Citv Manner to Execute an Engineering AgEgEffient in the Amount of $350,000.0a with AECOM USA GE2RR,Inc., for Construction Plans, St�eclflcatlons and EstimatES_Timing Plans and Operational Recommendations for Traffic Signals on Cam Bowie Boulevard and Camp Bowie West from Arch Adams 12 L 2op 820. _ _ _ Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23393 be approved with appreciation. The motion carried unanimously eight(8) ayes to zero (0) nays. 6.MSC C-23394 - Authorize the City Manager to Execute Agreeriaents in an Amount un to $200,000.0 each wit errac s ti i ears a Scie tilts, T. Smith Insgection and Testln Services, Globe Engineers, Inc., CHA Inc., Furo Consultants LP, CMJ Engineering, Inc., and rofessional Service Industries, Inc., for Geo echnical and Construction Materials Testing for Various Developer Projects, for One (1) Year with Two (2) One-Year Renewal Orations. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23394 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 23 of 24 7.M&C C-23395 - Authorize the Cjy Yanager to Execute Change rder No. I in the Amount 2f $360 000.00 t ity Secretary Contract No. 37326 with Cutler Repaving Inc., to C ver Additional Streets Included in the Hot Mix Asphalt Concrete Hot In-Place Recvclin2 2008-3, Increasing the Total Contract Amount to $2,352,280.00. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23395 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 8.MSC C-23396 - Authorize the City Manager to Execute a Reimbursement Agreement with DDJET Limited LLPin the Amount of$230, 00.27 to Relocate Onell) Pipeline Crossing for the Proposed Widening of Golden Triangle Boulevard from Interstate Highway 35W to US 377. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23396 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 9.MSC C-23397 - Authorize the City Manager to Execute Change Order No. I in the Amount of $196,500.00 to City Secretary Contract No. 37123 with Oscar Re Contracting, Inc., for Southside 11 Water Transmission Main Part 2 from North of Everma ar ay and Oak Grove Road Intersection to South of Alta Mesa Boulevard to Provide for Increased and Additional-P ay Item Quantities on the Project, thereby Increasing the Contract Amount to $4,384,561.11. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23397 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council regarding public safety issues relative to truck traffic being so close the event at Trades Day on March 8, 2009. He also provided picture presentation. Mayor requested that City staff look into the public safety issues and requested that Mr. Brandon email pictures from his presentation to the City Secretary's Office. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 10, 2009 PAGE 24 of 24 XVIII.ADJOURNMENT There being no further business, the meeting was adjourned at 8:52 p.m., in memory of Mr. Julian Tarin. These minutes approved by the Fort Worth City Council on the 24th day of March, 2009. Attest: Approved: lV \\ Marty Adrix Mi ael J. Mon ri City Secretary Mayor