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HomeMy WebLinkAbout2009/05/12-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Council Member Daniel Scarth, District 4 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 7:08 p.m. on Tuesday, May 12, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Scarth absent. II.INVOCATION- Reverend Roosevelt Baugh, St. Mark Cumberland Presbyterian Church The invocation was provided by Reverend Roosevelt Baugh, St. Mark Cumberland Presbyterian Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 5 2009 Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of May 5, 2009, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 2 of 16 V. SPECIAL PRESENTATIONS, NTRODUC 1.Presentation of Proclamation for National Salvation Ar Council Member Espino presented a Proclamation for National Salvation Army Week to Mr. Dan Earl Duggan, Chair, Fort Worth Salvation Army Advisory Council. Mr. Duggan stated the Salvation Army had been serving Fort Worth since the 1890s and provided shelter for the homeless and victims of domestic violence, sustenance for the hungry through food pantries and prepared meals, housing for senior citizens, health care, Christmas assistance, disaster relief, life skills training and new beginnings for the impoverished. Mr. Duggan further stated the Salvation Army's Mabee Social Services Center and Northside Corps Community Center in Fort Worth could serve more than 565 people on any given day and played a very important role in making Fort Worth a wonderful place to live. Mayor Moncrief stated the partnership with the Salvation Army was well respected and appreciated and that the City looked forward to the continued relationship. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming nd Recent Events Council Member Burns announced that the month of May was National Bike to Work Month and that May 15, 2009, was Bike to Work Day. He stated that The T would provide breakfast for those people who had biked to work from 7:00 a.m. to 9:00 a.m., at Jones and 9th Streets. He also announced that a District 9 Town Hall meeting would be held on May 18, 2009, from 5:30 p.m. to 8:30 p.m., at Travis Avenue Baptist Church, located 717 West Berry Street. Council Member Espino announced that the opening for La Grave Field was May 14, 2009. He stated the baseball game would start at 7:05 p.m., and that the festivities included a fireworks display and encouraged everyone to support the Cats Baseball Team. Mayor Pro tem Hicks announced that the West Meadowbrook Neighborhood Association Pie Auction would be held on May 18, 2009, at Oakland Lake Park, located at 1455 Lake Shore Drive. She also announced the District 8 Police Forum would take place on May 18, 2009, at 6:45 p.m. at the Ella Mae Shamblee Branch Library, located at 1062 Evans Avenue and stated everyone was welcome to attend the forum. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 3 of 16 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Mayor Moncrief stated that a press conference was conducted this morning with the Super Bowl Committee to announce the following venues in Fort Worth for Super Bowl XLV: Omni Fort Worth Hotel - AFC championship team hotel; Texas Christian University - AFC football practice facility; Bass Performance Hall - host the kickoff concert in the series leading up to the Super Bowl, March 6, 2010; Downtown Fort Worth - AFC fan party; Fort Worth Convention Center - Taste of the NFL, an event that featured chefs from restaurants in the different NFL team cities and would donate its proceeds to community charities and food banks. Council Member Burdette announced Armed Forces Day was on May 16, 2009, at the Naval Air Station Joint Reserve Base Fort Worth, known as Carswell Field and stated the gates would open at 9:00 a.m., and activities included free food, static displays of aircraft and equipment and an air show. He encouraged everyone to attend. 2.Recognition of Citizens There were no citizens recognized at this time. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Chan2es in Membersh Boards and ss s Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Ms. Diann Stadler, be appointed to Place 7, on the Fort Worth Commission for Women, effective May 12, 2009, and with a term expiring October 1, 2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 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 MAY 12, 2009 PAGE 4 of 16 XI.CONSENT AGENDA Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. A.General - Consent Items 1.M&C G-16566 - Ratifying a Contract with Trinity Food and Beverage Services, Inc., for the Purchase of Catering Services for the Annual Code Blue Seminar in the Amount of$34,992.00. C.Land - Consent Items 1.M&C L-14770 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 2423 Race Street, Described as Lot 14, Block 1, E. A. Self Addition, Fort Worth, Texas, to Jesus Reyes in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $14,572.49; and Authorizing the City Manager or His Designee to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. E.Award of Contract- Consent Items 1.M&C C-23504 - Authorizing the City Manager to Execute a Standard Encroachment Agreement with XTO Energy for the Installation of Underground Fiber Optic Cables beneath the 6th Street Right-of-Way to Extend Services from its Building Located at 210 West 6th Street to the Parking Lot Being Constructed at the Northeast Corner of Throckmorton Street and West 7th Street. 2.M&C C-23505 - Authorizing the Transfer of$31,079.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $14,197.00 and the Sewer Capital Projects Fund in the Amount of $16,882.00; Adopting Appropriation Ordinance No. 18600-05- 2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of$14,197.00 and in the Sewer Capital Projects Fund in the Amount of$16,882.00, from Available Funds, for the Purpose of Authorizing an Engineering Agreement with APM & Associates, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Portions of Waits Avenue, Wosley Drive and Rutland Avenue, Project Number 611-01267; and Authorizing the City Manager to Execute the Engineering Agreement in the Amount of$69,323.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 5 of 16 (XI. CONSENT AGENDA Continued) 3.M&C C-23506 - Authorizing the City Manager to Apply for and Accept, if Awarded, Grant Funds in the Amount of $25,000.00 from the Texas Department of Transportation (TXDot) to Operate the Click It or Ticket Selective Traffic Enforcement Program; Authorizing the City Manager to Execute a Contract with TXDot from May 18, 2009, to May 31, 2009, to Operate the Program; and Adopting Appropriation Ordinance No. 18601-05-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$25,000.00, Upon Receipt of a Grant from the Texas Department of Transportation for the Purpose of Executing the Contract. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S 1722 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIIL REPORT OF THE CITY MANAGER B. General 1.M&C G-16564 - Conduct a Public Hearing to Allow Citizen t and Consideration the Fr®r)osed Plan for Use of Homelessness Prevention and Rapid Re-Housing Program Grant Funds from the United States De art e t of Housing an r a n Development ( ); Appr ve a Substantial Amendment to the City's Consolidated Plan and 2008 — 2009 Action Plan for Use of Federal Grant Funds in the Amount of $2,746,929.00 for the Program; Authorize the City Manner er r His Designee to xec to a Grant Agreement it in the Amount of $2,746,929.00 for the Program, Along with the Execution of any Associated Certifications and Related Documents as May be Required by HUD in Order to Administer the Program; and Adopt an Appropriati n Ordinance Increasing Estimated Receipts and Appropr latl s in the Homelessness Prevention and Rapid Re-Housing Program Section of the Grants Fund in the Amount of $2,746,929.00, Upon Receipt of t o Grant from the United States Departmen t of Housing and Urban Develoment, for the Purr)ose of Authorizing a Homelessness Prevention aRapid Re-Housing r ra Agreement w th the United States Department of Housing a Urban eve e t (Continued fr ay 5, 2009). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Cynthia Garcia, Assistant Director, Housing and Economic Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 6 of 16 (G-16564 Continued) b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G-16564 be approved and Appropriation Ordinance No. 18602-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 2.M&C G-16567 - Adopt an Ordinance to Amend the Code of the City of Fort Worth (1986), as A e e , y A e i a ter 2 "Administration", rtic e I "In General", Sectl 2-9(d) "Contract Execution; Change Order"; by Providing that Certain Easements Valued at Less than $25,000.00 can be Executed by the City Manager and Shall Not Require City Council Approval. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16567 be approved and Ordinance No. 18603-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. C.Purchase of Equipment, Materials, and Services 1.M&C P-10965 -Authorize the Purchase of Six (6) New Asphalt Rollers for the Transportation and is Works D a art e t r om United eta s, c., si a Texas ti e A ar Schedule Contract for a Total Cost of$162,42 00 Motion: Mayor Pro tem Hicks, made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10965 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. D.Land 1.M&C L-14769 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find that No Feasible or Prudent Alternative Exists to the Utilization of Rosemont Park, Located at 1400 West Seminary Drive, North of Seminary Drive, East of 8th Street, South of Bolt Street and West of 6th Street, Fort Worth, Tarrant County, Texas, for the Construction of a Joint Use Recreational Facility and Elementary School in Partnership with the Fort Worth Independent CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 7 of 16 (L-14769 Continued) School District; Find that the Proposed Conversion Includes all Reasonable Planning to Minimize Harm to the Parkland; and Close the Public Hearing and Authorize the City Manager to Convert Approximately 15.45 Acres of Dedicated Parkland for the Construction of a Joint Use Facility and Elementary School (Continued from May 5, 2009). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Rer)ort of City Sta Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations Mayor Moncrief advised that Mr. Jason Smith, 2112 Hillcrest Street, appeared in support of Mayor and Council Communication No. L-14769, but did not wish to address the Council. Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. c.Council Action Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14769 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Member Scarth absent and one (1) abstention by Council Member Moss. 2.M&C L-14771 - Declare the Necessity of Condemnation for One (1) Right-of-Way Easement and One (1) Temporary Construction Easement from Stephen and Rebecca Hall at 4030 Feller Hicks Road, Described as Jesse Billingsley Survey, Abstract 70, Hall Tract, Located in North Fort Worth, Tarrant County, Texas, for the Widening of Feller Hicks Road, due to Inability to Clear Title Issues; and Authorize t o i Att orney to stit to Condemnation Proceedings to Acquire the Interests in the Land. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-14771 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 8 of 16 E.Planning & Zoning 1.M&C PZ-2823 - Adopt an Or inance Changing the a of Radio Shack Circle to Tri Campus Circle, Located within Lot 1, Block 1, RadioS ack Addition, City of Fort Wort Tarrant County, Texas (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Mayor Moncrief advised that Mr. Gary W. Cumbie, 400 Willow Ridge Road, appeared in support of Mayor and Council Communication No. PZ-2823, but did not wish to address the Council. c.Council Action Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the public hearing be closed and Mayor and Council Communication No. PZ-2823 be approved and Ordinance No. 18604-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 2.M&C PZ-2824 - Ad rdinance Chan2in2 the Name of Arch Adams Street from Lancaster Avenue to West 7th Street to Van Cliburn Wal (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. R02LL2LLLty-� Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. Council Member Burdette expressed appreciation to Ms. Allison Gray and the Planning and Development Department staff for their work on renaming the street to Van Cliburn Way. He also expressed appreciation to the Van Cliburn Family and Foundation for their continued support of the Van Cliburn International Piano Competition. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 9 of 16 (PZ-2824 Continued) b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed and Mayor and Council Communication No. PZ-2824 be approved and Ordinance No. 18605-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. Mayor Moncrief congratulated Council Member Burdette for initiating the street name change project and stated it would be an exciting day when the first street sign was put in place. F.Award of Contract 1.M&C C-23494 - Authorize Acce to ce of unds from Edwards Geren Limited in the Amount of $1,186,061.59 for Additional Pavement and Storm Drainage Cauacity; Adopt an Appropria tl r l a ce Increasing Estimated Receipts and Appropriations l the SH121T Southwest Parkway Fund in the Amount of $1,186,061.59, from Available Funds, for the Purpose of Executing a Contract with L.H. Lacl Companj, Ltd., r Pavement a rai a e Construction ar s Ranch Road, Phase ; Auth rize the City Manager to xec tot the Contract in the Amount of $3,931,769.09; and Authorize Amendment No. 2 to City Secretary Contract No.3170.9 an rastr ct re Development Agreement it ar s Geren Limited, to Establish General Maintenance Obligations of Edwards Geren Limited for Landscaping and _Irri2ation Svstems at its Sole Cost and x e se and er Edwards Geren Limited Assig Such al to a ce Obligations to Specific titles or with Written Consent the City of Fort Worth in Accordance with Amendment No. 2 (Continued from May 5,2009 . Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23494 be approved and Appropriation Ordinance No. 18606-05-2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 2.MSC C-23495 - Authorize Acceptance of Funds from Edwards Geren Limited in the Amount of $38,558.25 for Additional Irri a ion and sc i • Adopt an Appropriatio Ordinance lncreasin Estimated Receipts and Appropriations in the SH121T Southwest Parkway Fund in the Amount of$38 558.25,from Available Fundlfor te Pur ose of Authorizin a Contract with C. Green Scaring, LP, for Irrigation, Street Lighting, Sidewalk and Landscaping Improvements on Edwards Ranch RoadPhase 1,Brlant Irvin Road to Acme Court; and Ant orize the Cl Manager to Execute the Contract in the Amount of$120,601.02 (Continued from May 5, 2009). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 10 of 16 (C-23495 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23495 be approved and Appropriation Ordinance No. 18607-05-2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 3.MSC C-23507 - Authorize the City Manager to Execute Amendment No. I in the Amount of act No. 37238 with Freese and Nichols, Inc., for the Final Design of a Bridge Crossing the Clearfork of the Trinity River in the Vicinity2f South Hulen Street and Stonegate Bo levard Thereby Increasing the T tal Amount to $1,280,126.as Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23507 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 4.MSC C-23508 - Authorize the City Manager to Execute a Public Right-of Way Use Agreement with Chesapeake Operating, Inc. to rata License to Construct and Oper te a Saltwater Piueline Across Beach Street at Gateway Park Drive for a One (1) Time License Fee of Mayor Pro tem Hicks advised that there would be no impact to any neighborhood residences and stated this pipeline would remove trucks from Oakland Boulevard traveling to the well on East 1st Street. She further stated that the members of the District 8 Advisory Board and Council Member Scarth supported the saltwater pipeline pilot program, as most of the projected pipeline was located in District 4. 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: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23508 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Member Scarth absent and one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 11 of 16 5.M&C C-23509 - Authorize the Transfer of 555,3 r om the Water and Sen±LOp era ting Fund to the Water C 879.21 and Sewer C Lapital Pro*ects Fund in the Amount of $46, ital J_ Proiects Fund in the Amount of $8,510.83; AdoDt an Autwouriati n Ordinance Increasing Estimated Receipts and Appropri tions in the Water Ca r 'ecs e Amount of $46,879.21 and in the SgM±LfAnjjA!_EL2 jests Fund in the Amount of $8,510.83, r om Available Funds, for the Purpos of Authorizing an Engineering Agreement wi It Neel-Sc h a er c., r Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on NW 23rd Street, NW 24th Street, Belle Ave ue and Macie Avenue (Contract 2 , Project umber 01263), and Authorize the City Manager to Execute the Agreement in the Amount of$133,109.47. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23509 be approved and Appropriation Ordinance No. 18608-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 6.MSC C-23510 - Authorize the Transfer of 585,648.00 from the Water and Sewer Or)eratin2 Fund to the Water C 210.00 and Sewer C Lapital Pro*ects Fund in the Amount of $57, ital J_ Proiects Fund in the Amount of $28,438.00- Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Capit r 'ects in the Amount of $57,210.00 and in the Sewer Capital Projects Fund in the Amount of$28,438.00, from Available EHflds,for the Purpose of Authorizing an Engineering Ag eement wit r Pavement Reconstruction and Water and Sanitary Sewer Main Reul ace ments on Portions of Belle Place, Dorothy Lane, Wester Avenue and Sutter Street; and An horize the C a _Lita Man er_g to Execute the Agreem nt in the Amount of$1 Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-23510 be approved and Appropriation Ordinance No. 18609-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 7.MSC C-23511 - Authorize the City Manager to Execute an Engineering Services Agreem nt in the Amount of $251,818.00 wit Jacobs Engineering Grout), Inc., for the Design of North Beach Street from Vista Meadows Drive to Shiver Road. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23511 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 12 of 16 8.M&C C-23512 - Authorize the Transfer of$205,840.00 from the Water and SeM±LOp era fing Fund to the Water Capital Projec s Fund in the Amount of $136,73100 and the Sewer Capi al Proiects Fund in the Amount of $69,109.00; Adopt an ADDror)riation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Capital Project s e Amount of $136,731.0 and in the Sewer Capital Projects und in the Amount of 5 , , r om Available Funds,forte Purpose of Authorizing a Con tract with Tri-Tech Construction Inc., for Rvan Southeast Drainage Improvements (Project Number 0092); and Authorize the Citj Manager to Execute the Contract in the Amount of$989,0 3.15. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23512 be approved and Appropriation Ordinance No. 18610- 05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 9.MSC C-23513 - Authorize the City Manager to Apply for and Accept, if Awarded, the Fiscal Year 2009 Grant to Encoura2e Arrest Policies and Enforcement of Protection Orders Pro2ram from the United States Department of Justice, Office of Violence Against Women in the Amount of$750 000.00; Approve an Agreement to have the City' of Fort Worth Serve as Cognizant Fiscal Agencl on the Grant for Safe Haven of TarranLj:2���� r riation Ordinance Increasing_Estimated Receipts and ADDropriations in the Grants Fund in the Amount of $7502000.00, Subject to Receipt of the Grant for the Program. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23513 be approved and Appropriation Ordinance No. 18611-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 10.MSC C-23514 - Authorize the Purchase of Water Conservation Plumbing Supplies and Services froffi_Niagara Conservation, Inc., using a City of Dallas Coo erative Contract-LLim to $255,250.00. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23514 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 11.MSC C-23515 - Authorize the Transfer of$58,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopt an Appropria ion Ordinance Increas Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of $58,000.00 for the Purpose of Executing a Contract with William J. , from Available Schultz, Inc., d/b/a Circle "C" ConstructionC m an j, for San�itar �Sewer ehabilitation Contract LVIII (58), Part I on Branch Road and Sarita Drive; and Authorize the LLtj Manager to Execute the Contract in the Amount of$58 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 13 of 16 (C-23515 Continued) Motion: Council Member Bums made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23515 be approved and Appropriation Ordinance No. 18612-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 12.MSC C-23516 - Authorize the City Manager to Execute an Engineering Agreement in the Amount of $585,365.0 with Kimley-Horn and Associates, Inc., for ater and SaR nary-SMer Main Relocations for the SH121T Crossing West of Hulen Street Bridle within the Union Pacific Railroad Davidson Rail Yard. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23516 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 13.M&C C-23517 - Authorize the City Manager to Apply for and Accent, if Awarded, a Grant from the Texas Dep art ment of the Year 2009 Summer Food Service Program; Authorize the Execution of the Contract_LR2fl_Receipt 2f the Grant; Apply an Indirect Cost Rate of 19.18 Percent, which is the Most Recently Approved Rate for the Department and Apply the Newly Approved Indirect Rate when Available; and Adopt an Appropria ion Ordinance Increasing Estimated Receipts and Approp iations in the Grants Fund in an Amount up to $600,500.00, Upon Receipt of the Grant. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23517 be approved and Appropriation Ordinance No. 18613-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. 14.M&C C-23518 - Conduct a Public Hearing Regarding the Application for a Grant from the Recoverl Act: Edward Byrne Memorial Justice Assistance Grant Formula Progr m to Allow the Public an Opportunity to Comment aLRequired Under the Grant Application; Authorize the C Lity Manager to Apply for and Accept, if Awarded, a Grant from the United States Department of JusticeOffice of J stice r ra s, re u of Justice Assistanct, Recover a Act: Edward Byrne Memorial Justice Assistance Grant Formula Program, Not to Exceed $4,140,165.00; Authorize the City Manager to E ecutea Memorandum of Understanding to have the Cityof Fort Worth Serve as the Cognizant Fiscal Agency for the Purpose of Administrating this Grant; and Adopt an Appropriation Ordinance Increasing the Grants Fund in the Amount of Grant for the Purpose of Entering into an Inter local Agre me with Tarrant County and th Cities of Arlington, Azle, Bedford, Benbrook, Crowley9 Euless, Everman, Forest Hill, Grapevine, Keller Kennedale Lake Worth Mansfield North Richland Hils, Richland Hills, Saginaw, White Settlement and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 14 of 16 (C-23518 Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sasha Kane, Senior Contract Compliance Specialist, Police Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Jordon made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23518 be approved and Appropriation Ordinance No. 18614-05-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Scarth absent. XIV.ZONING HEARING a.Cases Recommended a 1._t_appeare that the CjLLjj2HnijL at its eeti arc 2 2 c ti e t e z i hearing for Zoning Docket No. ZC-08-186 - Text Amendment: Urban Forestry Board: An Ordinance Amending to Compre esve Zoni race yA e aer2, PP eve Bodies" to e ete Section 2.105 "Urban Forestry Board" and Add the Duties of the Urban Forestry Board to Section 2.102 ` U ban Design Commission" and to Add Forestry Experience to the Qualifications of Members, a nd to Amend a ter 6 "Develo ment Standards" to e ete Subsection K of Section 6.301 "Landscaping" and Re-Letter the Remaining Subsections, to Add a New Section, Section 6.302 Entitled "Urban Forestry" to Include and Revise the Contents of Subsection K Related to Tree Coverage, Preservation, Planting and Maintenance. Council Member Burdette expressed concern regarding the ordinance as a whole. He stated that he applauded the City Staff for planning and promoting tree preservation. He further stated that the ordinance was unlawful, ill-advised, discriminatory, unenforceable, unnecessary, and extraordinarily complex. He advised that he would vote against the text amendment and stated the ordinance should be repealed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 15 of 16 (ZC-08-186 Continued) Ms. Dana Burghdoff, Director, Planning and Development Department, read the following text amendment into the record: "Subsection i, For property greater than one acre, at least twenty-five percent (25%) of the Protected Trees must be retained, provided however, Significant or Large Trees must be preserved as outlined in Section 6.302.G.5." Mayor Moncrief stated there was a difference of opinion among the Council and stated in the end Council Members respected the different philosophies of the other members. He stated that the Council had exhibited tremendous political courage on the subject of the tree ordinance and that the impetus was the clear cutting of thousands of trees in the City for development. He advised that the Council requested that staff provide an ordinance that would protect the City's tree canopy. He stated that trees that were planted now would improve air quality and provide shade to future generations. Council Member Burdette stated that respect was the hallmark of the current Council but he disagreed with the ordinance. Motion: There being no one present desiring to be heard in connection with the Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that the zoning hearing be closed and Zoning Docket No. ZC-08-186 be approved as amended and read into the record and the following ordinance be adopted: ORDINANCE NO. 18615-05-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 6, "DEVELOPMENT STANDARDS" TO DELETE SUBSECTION K OF SECTION 6.301 "LANDSCAPING' AND RE-LETTER THE REMAINING SUBSECTIONS; TO ADD A NEW SECTION, SECTION 6.302 ENTITLED "URBAN FORESTRY" TO INCLUDE AND REVISE THE CONTENTS OF SUBSECTION K RELATED TO TREE COVERAGE, PRESERVATION, PLANTING AND MAINTENANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried six (6) ayes to one (1) nay, with Council Member Scarth absent and Council Member Burdette casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 12, 2009 PAGE 16 of 16 XV.CITIZEN PRESENTATIONS Mr.Joe Don Brandon, PO Box 11.55, Henderson Bazaar Gas Well- Unsafe New Evidence Mr. Brandon was not present in the Council Chambers. Council Member Jordan recognized James Travis of Boy Scout Troop 499 who attended the Council meeting and stated he was in the 7th grade at Wedgemont Middle School. Mayor Moncrief recognized James as a current and future leader in the community and encouraged him to stay involved. XVII.ADJOURNMENT There being no further business, the meeting was adjourned at 7:58 p.m. These minutes approved by the Fort Worth City Council on the 19th day of May, 2009. Attest: Approved: Marty&ndrix Mich ael J. oncrief City Secretary Mayor A review of documents and audio visual recordings from the May 12, 2009, Regular City Council meeting revealed the following pertaining to Item XIV Zoning Hearing, Zoning Docket ZC-08-186: There should have been two ordinances adopted — Ordinance No. 18615-05- 2009A, amending Chapter 6 of the Comprehensive Zoning Ordinance and Ordinance No. 18615-05-2009B, amending Chapter 2 of the Comprehensive Zoning Ordinance. This page is added to the official City Council minutes from 2009 to accurately reflect the actions of the Council related to ZC-08-186.