Loading...
HomeMy WebLinkAbout2009/04/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 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 Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:06 p.m. on Tuesday, April 14, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns temporarily absent. II.INVOCATION- Dr. Tim Carson, University Christian Church The invocation was provided by Dr. Tim Carson, University Christian Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. (Council Member Burns assumed his place at the dais.) IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 7 2009 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of April 7, 2009, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 2 of 18 V. SPECIAL PRESENTATIONS, , 1.Presentation of Proclamation for 2009 Prairie Fest Mayor Pro tem Hicks presented a Proclamation to Mr. Don Young, Founder and Director of the Friends of Tandy Hills Natural Area. She also recognized other members of the Friends of Tandy Hills Natural Area in attendance. Mayor Pro tem Hicks also provided an overview of the Tandy Hills area and stated that Prairie Fest would be held on April 25, 2009. She further stated she was especially proud of the park system in east Fort Worth, specifically Tandy Hills Park, a jewel in the community. Mr. Don Young accepted the Proclamation and expressed appreciation for the preservation of the 160 acres of park land. Mayor Moncrief expressed appreciation to the Friends of Tandy Hills Natural Area and stated the Council understood the importance of preservation of both the land and the plant species. 2.Presentation of Certificates of Recognition to Former Board and Commission Members Council Member Moss presented Certificates of Recognition to the following former Boards and Commissions members: Ms. Evelyn Stearman, for her service on the Crime Control and Preventation District from October 19, 2004, through December 7, 2008. Council Member Moss advised that Mrs. Stearman passed away on December 7, 2008, and her husband would accept the Certificate on her behalf. Mr. Hugh Collins, for his service on the Building Standards Commission from November 17, 1998, through February 23, 2009. Mr. Victor Puente, Sr., for his service on the Aviation Advisory Board from May 14, 2002, through March 27, 2009. Council Member Scarth expressed appreciation to Mr. Puente for leadership in the community. City Secretary Hendrix advised that Ms. Vicki Wilkie, was unable to attend the meeting to receive a Certificate for her service on the Fort Worth Commission for Women, from November 7, 2006, through November 5, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 3 of 18 VI.ANNOUNCEMENTS AND STAFF 1. Upcoming a nd Recent Events Council Member Burns announced the Main Street Arts Festival would be held on April 16-19, 2009, and encouraged everyone to visit www.mainstreetaqLfest.org or to call the District 9 office at 817-392-8809 for more information. He also advised that on April 18, 2009, at 10:00 a.m., the Bluebonnet Hills and Bluebonnet Place Neighborhood Associations and members of the Friendship Force would host the dedication of the International Friendship Garden at Bluebonnet Circle Park. Mayor Pro tem Hicks stated she was proud of the park system in the City of Fort Worth, despite decreased funding. She acknowledged Tandy Hills Park and the renovation of Cobb Park. She announced that Party in the Park would be held on April 25, 2009, at Cobb Park from 1:00 to 3:00 p.m. and stated the event was sponsored by the Parks and Community Services Department, Ministers Against Crime, and Chesapeake Energy. She also expressed appreciation to the local Red Cross for their support in area communities in need of assistance during the Texas wildfires last weekend. She further stated that she attended the Annual Easter Egg Hunt hosted by the Communications Workers of America in the Butler Housing Community and expressed appreciation to the volunteers in the Butler Housing Community. Council Member Moss expressed appreciation to those who attended the Concert for Life event and stated the event was a great success. He stated that 1,500 people were tested for HIV and other diseases. He commended Mr. John Reed and Ms. Cynthia Bogus, volunteers at the AIDS Outreach Center, Ms. Michelle Reynolds, District 5 Council Aide, Tarrant County Commissioner Roy Brooks, Arlington City Council Member Kathryn Wilemon, Fort Worth Independent School District School Board Member Christene Moss, and the Mayor and Council, for their attendance and support of the event. Council Member Jordan announced that Family Day would be held on April 25, 2009, at Sycamore Park, 2525 East Rosedale Street, and that the event was sponsored by the City of Fort Worth Police, Fire, and Code Compliance Departments. Council Member Scarth expressed appreciation to Ms. Vanessa Boling, Mr. Estrus Tucker, Ms. Tracy Michol and Mr. Perry Pack of the Human Relations Commission for their attendance at the Goodrich Center with a working group for the deaf and hard of hearing. He stated the group provided valuable input that would be used to make the City of Fort Worth accessible to everyone. He announced that the Doggie Polooza event would be held on April 18, 2009, at Arcadia Trail Park, 8744 Arcadia Park Drive. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 4 of 18 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Mayor Moncrief announced that the meeting would be adjourned in memory of Captain James Harlow and rookie Firefighter Damien Hobbs, of the Houston, Texas Fire Department, who were killed battling a house fire on April 12, 2009, and also Dr. William Kelly Young, who passed away on April 13, 2009, and was a long time friend of Mayor Moncrief and a member of the Fort Worth Community. 2.Recognition of Citizens The recognition of citizens was included in the Upcoming Events portion of the meeting. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication Nos. G-16534, G-16535, and L-14752 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested the Mayor and Council Communication Nos. G-16534 and G-16535 be continued to the April 21, 2009, City Council Meeting and Mayor and Council Communication No. C-23014 be continued to the June 2, 2009, City Council Meeting. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Chan2es in Membersh Boards and ss s Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Firefighter James Samuel Greif, be reappointed to the Tarrant County 911 Emergency Advisory Committee, effective April 14, 2009, and with a term expiring April 1, 2011, and Ms. Betty Story, be appointed to Place 3, on the Animal Shelter Advisory Committee, effective April 14, 2009, and with a term expiring October 1, 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 APRIL 14, 2009 PAGE 5 of 18 XI.A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HI S S SELECT THE PROCUREMENT METHOD FOR GOODS AND SERVICES THAT WILL PROVIDE THE BEST VALUE FOR THE CITY OF FORT WORTH Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Resolution No. 3722-04-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. XII.CONSENT AGENDA Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended and as follows. The motion carried unanimously eight (8) ayes to zero (0) nays. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10949 - Authorizing the Purchase of 21 X7-CX Handheld Meter Reading Computers and Related Components for the Water Department from Datamatic, LTD, for an Amount Up to $97,390.32. 2.M&C P-10950 - Authorizing the Purchase of a Fire Safety House for the Fire Department from Surrey Fire Safety House and Mobile Command for an Amount Not to Exceed $45,000.00. 3.M&C P-10951 - Authorizing the Purchase of Two (2) Doosan Forklifts from Darr Equipment Company Using Texas Associations of School Boards Contract No. 712-14 for an Amount Not to Exceed $48,221.00,with Payment Due Ten (10) Days After Receipt of Invoice. 4.M&C P-10952 - Authorizing an Amendment to the Purchase Order for a SVI Spartan Bomb Truck and Fan Ventilator for the Fire Department in the Amount of $48,242.00 for a Total Dollar Amount of$540,126.00. C.Land - Consent Items 1.M&C L-14750 - Authorizing a Conveyance of a Temporary Construction Easement to the Tarrant Regional Water District (TRWD) to allow TRWD and the U.S. Army Corps of Engineers to Commence Construction on the Flood Storage in the Samuels Area of the Trinity River for Excavation and Filling on City Property Adjacent to the Brennan Service Center for the Trinity River Vision— Central City Project for a Period of Seven (7)Years. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 6 of 18 (XII. CONSENT AGENDA Continued) 2.M&C L-14751 - Authorizing the Acquisition of One Permanent Sewer Facility Easement Described as a Portion of James R. Newton Survey,Abstract No. 1169, and the J.A. Hust Survey, Abstract No. 702, Fort Worth, Tarrant County, Texas, from Clarence Huffman at 8101 Randol Mill Road, Located in East Fort Worth, for the Construction of Sanitary Sewer Main 253; Finding that the Price Offered in the Amount of $22,392.00, Plus an Estimated Closing Cost of $2,500.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. E.Award of Contract- Consent Items 1.M&C C-23434 - Authorizing the City Manager to Execute a Licensing Agreement with the North Central Texas Council of Governments to Provide Updated Digital Aerial Photography for the Information and Technology Solutions Department for an Amount Not to Exceed $70,416.00. 2.M&C C-23435 - Authorizing a Contract for Professional Accounting Services with Jerry Murrish for Completion of the Fiscal Year 2008 and 2009 Comprehensive Annual Financial Reports for an Amount Not to Exceed $58,500.00. 3.M&C C-23436 - Authorizing the Transfer of$53,964.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $27,213.00 and Sewer Capital Projects Fund in the Amount of $26,751.00; Adopting Appropriation Ordinance No. 18546-04-2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of $27,213.00 and in the Sewer Capital Projects Fund in the Amount of $26,751.00, from Available Funds, for the Purpose of Authorizing an Engineering Agreement with Civil Structures, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Hatcher Street and Richardson Street, Contract 5C, Project Number 01233; and Authorizing the City Manager to Execute the Engineering Agreement in the Amount of $93,862.00. 4.M&C C-23437 - Authorizing the Transfer of$22,940.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $16,685.00 and Sewer Capital Projects Fund in the Amount of $6,255.00; Adopting Appropriation Ordinance No. 18547-04- 2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of$16,685.00 and the Sewer Capital Projects Fund in the Amount of$6,255.00, from Available Funds, for the Purpose of Authorizing Amendment Number 2 to City Secretary Contract Number 33879 with Brown & Gay Engineers, Inc., for Water and Sanitary Sewer Replacement Contract 2005, STM-F (City Project Number 00383); and Authorizing the City Manager to Execute the Amendment for Additional Engineering Services, Thereby Increasing the Contract Amount to $143,452.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 7 of 18 (XII. CONSENT AGENDA Continued) 5.M&C C-23438 -Authorizing the City Manager to Execute Change Order No. 1 in the Amount of$47,128.00 to City Secretary Contract No. 37201 with Tri-Tech Construction, Inc., for Water Main Replacement Contract 2004, WM-F on Ramey Avenue, Village Lane and Vinetta Drive for Additional Quantities for Permanent Asphalt Pavement Repair, Thereby Increasing the Contract Amount to $1,149,356.50. 6.M&C C-23439 - Authorizing the Transfer of $35,882.81 from the Water Operating Fund to the Water Capital Projects Fund in the Amount of $35,882.81; Adopting Appropriation Ordinance No. 18548-04-2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of $35,882.81, from Available Funds, for the Purpose of Executing Change Order Number 2 to City Secretary Contract Number 37089 with Conatser Construction TX, LP, for Sanitary Sewer Replacement Contract LV (55), Part 4 for Water Main Replacement on Foch Street (Project 00431); and Authorizing the City Manager to Execute the Contract Thereby Increasing the Contract Amount to $734,263.06. 7.M&C C-23440 - Authorizing the Transfer of$65,115.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18549-04-2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of $65,115.00, from Available Funds, for the Purpose of Authorizing Amendment Number 1 with RJN Group, Inc., for Sanitary Sewer Rehabilitation Contract LVIII (58); and Authorizing the City Manager to Execute the Amendment for Sanitary Sewer Rehabilitation Along Branch Road and Sarita Drive, Thereby Increasing the Contract Amount to $361,954.00. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1716 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIV.REPORT OF THE CITY MANAGER A.General - (Removed from the Consent Agenda and Continued) 1.It was the consensus of the City Council that Mayor and Council Communication No. G-16534, Authorize the City Manager to Initiate Rezoning of Certain Properties in the Marine Park Neighborhood Area in Accordance with the Comprehensive Plan, be Continued to the April 21, 2009, City Council Meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 8 of 18 2.It was the consensus of the City Council that Mayor and Council Communication G-16535, Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Municipal Court Technology Fund of the Special Trust Fund, in the Amount of $75,110.00 for Technological Enhancements to the CourtView Case Management System, be Continued to the April 21, 2009, City Council Meeting. C.Land_- (Removed from Consent Agenda for Individual Consideration) 3. M&C L-14752 - Authorize t o Exchange of One ( ) Unimproved Cily-Owne Lot Described as Lot 12, Block 2, Morgan Heights Addition, Fort Worth, Tarrant Countv, Texas, Located in the 3100 Block Weber Street, for Four O Unimprove Lots Described as Lots 2 and 3, B ock 10, W.A. Archer Addition, Fort Worth, Tarrant County, Texas, Located in the 3100 Block of Weber Street and is 10 and , Block 10, ocated in the 3100 Block Street, Ow e by Chesat)eake Exr)loration, LLC, for the Lebow Channel Watershed Imr)rovements Proiect, in Accordance with Local ver e t Code 272. O (3); Auth rize the Acce to ce of the Convevance of the Four (4) Lots and Record the ADDroDriate Instruments; and Authorize the City Manager or His Designee to Execute and Record the Appropriate Instruments Convening the ity's Lot to ete t o xc a e. 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. Motion: Council Member Espino made a motion, seconded by Council Member Moss that Mayor and Council Communication L-14752 be approved. The motion carried seven (7) ayes to zero (0) nays, and with one (1) abstention by Council Member Jordan. B. General 1.M&C G-16470 - Consider a Waiver for a i m act Gas Well Permit to Allow the Drillin of the Rivercrest Bluffs 1H Gas Well, Located Less than 600 Feet from a Protected Use, on the ivercrest Bluffs Lease Located in the Rivercrest Addition c , Lot ' ( 'ontinued from March 10, 2009) (PUBLIC;HEARING). a.Bg22Lt of City Staff 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.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 9 of 18 (G-16470 Continued) Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Mr. Kevin Stawser, representing Chesapeake Energy, 100 Energy Lane, appeared before Council and provided an overview of the request for a waiver, and presented photographs of the potential drill site. Council Member Burdette stated under the ordinance adopted many years ago, there had to be a line drawn which balanced the rights of the those who owned natural gas underneath the property and the rights of those people who lived and worked on the surface. He further stated that requestors had to appear before Council if they were unable to obtain waivers from all residents within the 600 foot radius. He commented that four (4) residents had not signed waivers and had not reached an agreement and that the decisions were not easy and were considered on a case-to-case basis. He stated that he was concerned with the close proximity of the drill site to residences and announced he would make a motion to deny the request. b.Citizen Presentations Mayor Moncrief asked the citizens whe were present to speak in opposition to this item, if they still wanted to address the Council even though Council Member Burdette would move to deny the request. The citizens indicated they did not wish to address the Council. c.Council Action Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16470 be denied. The motion carried by 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.MSC G-16536 - Adopt an Ordinance Finding that Conditions Have Materially Clanged so that the r 'ect Sc e r t e Enhanced Communitj Facilities A ree e is and r a Development Funds Proiect as Included in the 2004 Capital ImproveMjpj ProKram Should be Expanded t o Include Planning, A a ysis, Design, and truction of Modern Streetcars, Gr a t Funded r iec s, or Non-Grant Funded Proje sts in or Beggfiting Urban Villages r Mixed-Use Growth e ers; and A uthorize Expanding th e Allowed ses of A r x ate y $ .3 Million in 2004 Car)ital r ve e r ra s r r a eve e . CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 10 of 18 (G-16536 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16536 be approved and Ordinance No. 18550-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 3.MSC G-16537 - Authorize the City Manager to Accept a Monetary Donation in the Amount of $3,800.00 from an Anonvmous Donor to the Fire Department; Authorize the Purchase of Equipment for Various Fire Stations; Authorize the Transfer of$3,800.00 from the Special Gift Fund to the General Fund; Adopt an Appropriation Ordinance Increasing Estimated Recei is and Appropriations in the Special Gifts Fund in the Amount of $3,800.00 Upon Receipt of a Monetar y ation for the Purgose of Transferring Said Funds to the General Fund; a nd Adopt an Appropriati n Ordinance Increasing Estimated Receipts and Appropr ations in the General Fund from Available Funds. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16537 be approved with appreciation and Appropriation Ordinance No. 18551-04-2009 and Appropriation Ordinance No. 18552-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. C.Purchase of Equipment, Materials, and Services 1.MSC P-10953 - Authorize Purchase Agreements for Lamp and Ballasts with Dealers Electrical Supply Co., Summers GE2HpInc.,,and Blond Lighting Fixture S Companv, Inc., for an Estimated Annual Amount of$750,000.00. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. P-10953 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 2.MSC P-10954 - Authorize the Purchase of New Mobile Storefronts in the Amount of $527,850.00 Using General Services Administration Contract GS-30E-0036U and One 11.1 Refurbished Existing Mobile Storefront in the Amount of $48,565.00 Using the Informal Bid Process for the Police Deuartment from M2bile_Specialtv Vehicles for a to Cost of $576,415.00,with Payments Due 30 Days After Receitit of Invoices. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10954 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 11 of 18 D.Land 1.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 Drilling and Extracting Gas from Underneath Sycamore Park- Find that the Proposed Conversion Includes all Reasonable Planning to Minimize Harm to the Parkland-.and Close the Public a ri a A uthorize the Cit y Manager L_ to Convert Sycamore Park for Subsurface Drilling and the Extraction of Natural Gas from an Off-Site Location at 2525 East Rosedale Street,Approxim ate ll 88.02 Acres, cats to the South of Vickery Boulevard, West of South Beach Street North of Rosedale Street and East of Sycamore Terrace (Co tinned from March 10,2009). a.Report of Mr. David Creek, Acting 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 stated she would make a motion to approve on the basis that if a bid was accepted, that the community be engaged in how the funds were utilized and that staff would consult with residents to determine the location of the pipeline. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L-14734 be approved, with the stipulations referenced previously. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.MSC L-14753 - Authorize Fee Acquisition of a Right-of-Way Described as a Portion of Lo Block 1, William Mc Cowan Subdivision, Fort_Worth Tarrant Countv, Teras,.,,.,,.Locate at 4315 Golden Triangle Boulevard from Verlo J. and Arlene M. Strand in the Amount of $115,000.0 for the Widening of Golden Triangle Boulevard; Find th at the Price Offered in the Amount of $115,000.00 Plus Estimated Closing Costs of $3,000.00 is Just Compensation; and Authorize the Acceutance and Recordin2 of At)r)ror)riate Instruments. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-14753 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 12 of 18 E.Planning & Zoning - None F.Award of Contract 1.It was the consensus of the Council that Mayor and C uncil Communication No. C-23014 - Authorize the Citv Manner to Execute a Public_Right-of Way Use Agreement with Texas Midstream Gas Services, LLC, to Grant a License to Use Certain Public Right-of-Way of the City of Fort Worth for the Purpose of Constructing, Maintaining_and_Operating a Natural Gas Pipeline Along the Eass e of Alton Road CE2jajflg_EL1!airs Drive South, West Berrs Street, Westcliff Road South, Hilltop Drive, West Bi is Street and South Hills Avenue be continued to the June 2, 2009, City Council Meeting. (See further discussion on this item after M&C C-23441.) 2.M&C C-23441 - Authorize the City Manager to Execute an Economic Development Agreement with_Q-Edge Corporation for a New Business Development to be Located in the Former Nokia Facility at the Intersection of United States Highway 377 and State Hihway 170. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23441 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. Mayor Moncrief returned to Mayor and Council Communication No. C-23014 and asked if the citizens that completed Citizen Presentation cards in opposition to the agreement wished to address the Council. Mr. Jerry Lobdill, 6336 Darwood Avenue and Mr. Gary Hogan, 2117 Rolling Creek Run, both stated they would address the Council at the June 2, 2009, City Council Meeting. 3. M&C C-23442 - Accept W atherization Assistance Program Grant Funds in an Amount Not to Exceed $1,800, 00.00 and Authorize the Cily Manager to Execute Two (2) Contracts it the Texas Department of Housing and Community Affairs for Program Year April 1, 2009, Through March 31, 2010, as follows: Department of Energy $ 750,000.00 Low Income Housing Energy Assistance Program $1,050,000.00 Total $1,800,000.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 13 of 18 (C-23442 Continued) Authorize the City Manager or His Designee to Amend, Extend or Renew the Contracts in Accordance with City Policies and Regulations Upon Mutual Agreement with the Texas Department of Housing and Community Affairs; Authorize a Waiver by the City of Indirect Costs; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $1,800,000.00; Subiect to Receipt of Grants from the Texas Department of Housing and Community Affairs, for the Purpose of Funding the Weatherization Assistance Program in Fort Worth and Tarrant County; and Authorize a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund in the Amount of $135,000.00 for Interim Financing of this Grant Program Pending Contracts. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23442 be approved and Appropriation Ordinance No. 18553-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 4.MSC C-23443 - Authorize the Transfer of $92,733.00 from the Water and Sewer Operating Fund to the Water Car)ital Proiects Fund in the Amount of $55,484.00 and Sewer Ca ita Projects Fund in the Amount of $37,249.00; Adopt an Appropriation Ordinance Increasing Estimated ecei s and Autwouriations in the Water "a r i ec s Fund in the Amount and e Sewer Capital Projects F nd in the A $37,249.00, r om Available Funds,for te Purpose of Authorizing an eeri Agreement with ANA Consultants LLC, Contract 2C, Projec t er 01231, and Authorize t o City Manager t Execute t the Engineering Agreement in the Amount of$168,691.00 for Pavement Reconstruction, Water and Sewer Main Replacem e t on Northwest 28th Street from Robinson Street to c Island Street, North Elm Street from East Long Avenue to Northeast 34th Street, Mineola Avenue from Decatur Avenue to ar y Street a d Norman Street from Decatur Avenue to a er Street. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23443 be approved and Appropriation Ordinance No. 18554-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 5.MSC C-23444 - Authorize the Transfer of $91,559.00 from the Water and Sewer Operating Fund to the Water Car)ital Proiects Fund in the Amount of $62,262.00 and Sewer Ca ita Projects Fund in the Amount of $29,297.00; Adopt an Appropriation Ordinance Increasing Estimated ecei s and Autwouriations in the Water "a r i ec s Fund in the Amount $62,262.00 and e Sewer Capital Projects und in the A $29,297.00 om Available Funds,for te Purpose of Authorizing an eeri Agreement wi It Stre aer Group c., for ave e t Reconstruction and ater and Sanitary Se er Main Rgplacements on Cleckler Avenue from East e a Street to Clary Avenue, Do2wood Lane from Buttonwood rive to Whitewood rive and et Avenue from E 820 to rest Avenue, Project Number 4A-01232; and Authorize the City Manager to Execute the Engineering Agreement in e A $165,73 . . CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 14 of 18 (C-23444 Continued) Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23444 be approved and Appropriation Ordinance No. 18555-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 6.MSC C-23445 - Authorize the Transfer of 573,386.00 from the Water and Sewer Operating Fund to the Water Capital Proiects Fund in the Amount of $58,489. 0 and the Sewer Capi al Projects Fund in the Amount of $14,897.00; Adopt an Appropriation Ordinance Increasing Estimated Receiuts and Autwouriations in the Water Cat)ital Proiects Fund in the Amount of $58,489.00 and in the Sewer Capital Projects F nd in the Amount of$14,897.00, fr m Available Funds,forte Purpose of Authorizing an Engineering Agreement with Multatech Engineering, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Kenley Street from Pershin2 Avenue to Birchman Avenue, Neville Street from Pershing Avenue to Calmont Avenue and Wellesle3: Ave e from Hervie Street to Faron Street, Proi ct Number 713- 01235-and Authorize the City Manager to Execute the Engineering Agreement in the Amount of $1112519.00. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23445 be approved with appreciation to the Transportation and Public Works Department staff and Appropriation Ordinance No. 18556-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 7.MSC C-23446 - Authorize the City Manager to Execute Amendment No. I in the Amount of $170,020.00 to Cily Secretary Con tract No. 35765, an Engineering Agreement wi It Freese and Nichols, Inc., for Meacham Boulevard—Mark IV Drainage Improvements, Thereby Revising the to Cost to $238,875.00. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23446 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 8.MSC C-23447 - Authorize the City Manager�to A�l for and Accent, if Awarded, Comt)rehensive Selective Traffic Enforcement Program Grant Not to Exceed 5 ,337.2 a nd a Commercial Motor Vehicle Selective Traffic Enforceme!jjEL2gEApL_grat Not to Exceed $59656.69 Both from the Texas Department of Transportation; Authorize the City Manager to Enter Into a Contract with the Teras Den art ment of Transporta ion for the Comprehensine Selective Traffic Enforcement Program and Commercial Motor Vehicle Selective Traffic Enforcement Program Grant Implementation During Fiscal Year 2010, Contingent Upon Autwouriation of Matching Funds; A t rize the Transfer of $68, 05.70 from the Federal Awarded Assets Fund to the Grants Fund for the City's Partial Match of the Comprehensive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 15 of 18 Selective Traffic Enforcement Program a d Commercial Motor Vehicle Selective Traffic Enforcemen e Fiscal Year 2010 Federal Awarded Assets Fund, and Adopt an Appropriation Ordinance Increa si Estimated Receipts and Appropriations in the Grants Fund in the Amount of $528,099.60 Subject to Receipt of the Compr hensive Selective Traffic Enforcement Prog am Grant and Commercial Selective Traffic Enforcement Program Grant from the Texas Det)artment of Transprot tion for the d Enforcement of Traffic Sae tv-Rel ate d Laws and to Increase Public Education About Traffic Sae tv Issues. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23447 be approved and Appropriation Ordinance No. 18557-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 9.MSC C-23448 - Authorize the Use of Revenue Derived from Gas Well Drilling on City Owned Air 2gits jfl_jLhi Amount of 5 , 7 r ax ay, a ay a -e Lighting Improvemen is at Fort Worth Spinks Airport; Adopt an Appropriation Ordinance ifliEgaliaLEstimated Receipts and Appropriations in the Airports Gas Lease PE2jgKLjj1fld in the Amount of $84,479.00, from Available Funds, for the Purpose of Executing an Engineering Services Agreement with CP&Y,_Inc., and Authorize jLL_City Ma er to Execute the Agreement. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23448 be approved and Appropriation Ordinance No. 18558- 04-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. 10.MSC C-23449 - Authorize the Use of Revenue Derived from Gas Well Drilling City Owned Air R2its jR_j!Le Amount of $592,550.0 for the Design of Stone Road Im rovement and Extension, Alsbury Boulevard Improvements Abner Lee Drive and McCall Street 1MRL21gMgfljL. star, Sew era nd Box Culvert Improvem is as Well as Survej Services Related to the Construction of a Fire Station at Fort Worth St)inks Airr)ort; Authorize the Transfer of Funds from the Critical Projects Improvements Fund to the Airports Gas Lease Pr2itgLEMd in the Amount of $236,440.00; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Air its as Lease Pr2ject Fund in the Amount of$828,990.00, from Available Funds for the Purpose of Executing a Professional _Design Services Agreement with Freese and Nichols, Inc.; and Authorize the Cily Manager to Execute the Agreement. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23449 be approved and Appropriation Ordinance No. 18559-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 16 of 18 11.M&C C-23450 - Authorize the Transfer of$165,250 00 from the Water and SewEL_0p era ting Fund to the Water C 374.00 a Lapital Pro*ects Fund in the Amount of $104, d Sewer C Proiects Fund in the Amount of $60876.00; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Capital Project s e Amount of $104,374.0 and in the Sewer Capital Projects und in the Amount of 5 , 7 , r om Available Funds for the Purpose of Authorizing an Engineering Agreement with Lockwood,_ ndre and Newnam Inc., for Water and Sanitary Sewer Replacement Contract 2005, WSM-E; and Authorize the Citv Mana2er to Execute the En2ineerin2 Amement for Water and Sanitar Sewer Line Replacement on Ewing Avenue from US 377 to Williams Road, San Marcos Drive from South Normandale Street to Dead Ended, it od Road from Flovd Drive to Clavton Road and Llano Avenue from Penrose Avenue to Marks Place. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23450 be approved and Appropriation Ordinance No. 18560-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 12.MSC C-23451 - Authorize the Transfer of $1,707,585.00 from the Water and Sewer Ot)eratin2 Fund to the Water 'a it Proiects Fund in the Amount of $1120 248.00 and Sewer Capital Projects Fun in the Amount of $587,337.00; Adopt an Appropria ion Ordinance Increasing_Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of$1,120,248.00 and in the Sewer Capital Projects Fund in the Amount of $587,337.00 from Available Funds., for the Purpose of Authorizing a Contract with Conatser Construction TX, LP, for Water and Sanitary Sewer Replacements Contract 2005 WSM-_I., on Walton Avenue from Whitman Avenue to Woodwav Drive, and Woodwa3: Drive fr m Walton Avenue to Trail Lake Drive (Lr2ject 00395)- _and Authorize t sec utote Contract in the Amount of$1,596,431. 0. Council Member Moss stated that he would not support the item because the proposed 12% for Minority/Women Business Enterprise participation by the Contractor did not meet the goal of 23% identified by the City's policy. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23451 be approved and Appropriation Ordinance No. 18561-04-2009 be adopted. The motion carried with five (5) ayes to three (3) nays, with Mayor Pro tem Hicks and Council Members Moss and Burns casting the dissenting votes. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 17 of 18 13.M&C C-23452 - Authorize the Cily Manager to Ex cute a Contract with Texsun Electrical Contractors in the Amount of$82 m at the South Holiv Water Treatment Plant Administratio Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23452 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 14.MSC C-23453 - Authorize the City Manager to Annly for, and Accent if Awarded, a Grant from the Texas State Library and Archives Commission for the Library Det)art ment's ter- L, brry Loan Program Year Set�tember 1, 2x09, through August 31, gala, in an Amount urn $285,482.00,Authorize the City Manager to Execute a Grant Agreement with the Texas State Library and Archives Commission Relating to Such Grant; Adopt an Appropriation Ordinance Increasing_Estimated Receipts and Appropriations in the Grants Fund in an Amount up to $285,482.00 Upon Receipt of a Grant from the Texas State Library and Archives Commission; and A Indirect Costs Usin2 the Most Recentiv ADDroved Indirect Cost to of 23 Percent for the LibraLj_pepartment. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23453 be approved and Appropriation Ordinance No. 18562-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. XV.PRESENTATIONS BY THE CITY SECRETARY - NON-CONSENT ITEMS 1.OCS - 1717 - Consider the Joint Election Agreement nd Contract Between Tarrant Co Election Administrator and the Citv of Fort Worth for Election Services for the General Election to be Held on Saturday, Mal 9, 2009, at an Estimated Cost of$418,877.00. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that OCS No. 1717 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS Mr. Paul Williams, 6015 Autumn Hills, appeared before Council and advised the Council that he had a plan to address the traffic problems in the City. Mayor Moncrief referred Mr. Williams to Assistant City Manager Fernando Costa, to address the issue. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 14, 2009 PAGE 18 of 18 XVIII.ADJOURNMENT There being no further business, the meeting was adjourned at 7:55 p.m. in memory of Captain James Harlow and rookie Firefighter Damien Hobbs, of the Houston, Texas Fire Department, who were killed battling a house fire on April 12, 2009, and also Dr. William Kelly Young, who passed away on April 13, 2009, and was a long time friend of Mayor Moncrief and a member of the Fort Worth Community. These minutes approved by the Fort Worth City Council on the 21 st day of April, 2009. Attest: Approved: Marty Rendrix Michael J. oncrie City Secretary Mayor