Loading...
HomeMy WebLinkAbout2009/06/23-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 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 Council Member-Elect W. B. "Zim" Zimmerman 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 10:00 a.m. on Tuesday, June 23, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION- Dr. Krin Van Tatenhove, Ridglea Presbyterian Church The invocation was provided by Dr. Krin Van Tatenhove, Ridglea Presbyterian Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.ADMINISTRATION OF OATH OF OFFICE TO COUNCIL MEMBER ELECT - W.B. "ZIM" ZIMMERMAN City Secretary Hendrix administered the Oath of Office to Council Member-Elect W. B. "Zim" Zimmerman. (Council Member Zimmerman assumed his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 2 of 21 V.REMARKS AND INTRODUCTIONS BY COUNCIL MEMBER ZIMMERMAN Council Member Zimmerman expressed appreciation to his family, friends, and citizens of Fort Worth for their support and stated he was looking forward to working with Council, staff and citizens. He further stated that although he would never be able to replace former Council Member Silcox, he would carry on his tradition of being accessible, available and a watch dog of the City's tax dollars. Mayor Pro tem Hicks congratulated Council Member Zimmerman, his family, friends and supporters. She also welcomed Ms. Brenda Silcox to the meeting and stated that former Council Member Silcox's memory would live on in the community and that Council Member Zimmerman would continue Mr. Silcox's tradition of looking out for the residents of District 3 and the entire City of Fort Worth. Mayor Moncrief welcomed Council Member Zimmerman to the dais and stated he looked forward to working with him and meeting the challenges of one of the fastest growing major cities in the United States. He also added that the philosophy of the Council was people first and politics last, and that was how they kept the proper perspective when they considered challenging situations. He welcomed Council Member Zimmerman's wife to the "Fort Worth Family" and stated that he was happy that Ms. Silcox was here to witness and be a part of the celebration. VI. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JUNE 16, 2009 Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the minutes of the regular meeting of June 16, 2009, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. VII. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations, introductions, etc. VIII.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1.Upcoming and Recent Events Council Member Moss announced that a Picnic in the Park would be held on June 27, 2009, from 11:30 a.m. to 1:30 p.m. at Village Creek Park, located at 4750 Wilbarger Street. He stated that food and refreshments would be served and invited everyone to attend the District 5 picnic. Council Member Burns announced that the City would illuminate the Avenue of Light, created by Cliff Garten Studio of Los Angeles, on June 25, 2009, at 9:00 p.m. on the northeast corner of Lancaster Avenue and Throckmorton Street. He stated that the event would begin with remarks followed by a 30- minute color light program, specifically created for the event. He further stated that the sculpture would be illuminated nightly from dusk until dawn. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 3 of 21 (VIII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Jordan welcomed Council Member Zimmerman to the dais and stated he looked forward to serving with him on the Council. He also shared a story related to receiving a set of Captain's bars in the United States Air Force in 1974 and how those bars were tied to a family member of Council Member Zimmerman's wife. 2.Recognition of Citizens There were no citizens recognized at this time. IX.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. X.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. XI.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membership on Boards and Commissions Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Reverend Wendell L. Cass be appointed to Place 8 on the Fort Worth Crime Control and Prevention District Board effective June 23, 2009, with the term of office to run concurrently with Mayor Pro tem Hicks term in office; that Ms. Susan De Los Santos be reappointed to Place 8 on the Board of Adjustment — Residential and Mr. Donald Richard Boren be appointed to Place 8 on the City Plan Commission effective June 23, 2009, with terms expiring October 1, 2010. The motion carried unanimously nine (9) ayes to zero (0) nays. XIL A RESOLUTION SUPPORTING GUN BUY BACK PROGRAMS IN THE CITY OF FORT WORTH Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Resolution No. 3751-06-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 4 of 21 (XII. A RESOLUTION SUPPORTING GUN BUY BACK PROGRAMS IN THE CITY OF FORT WORTH Continued) Council Member Moss requested that Police Chief Halstead accept two (2) donations, both in the amount of $3,000.00 from Cash America and First Cash Financial Services, Inc., in support of the City's Gun Buy Back Program. Police Chief Halstead accepted the donations and stated that the Gun Buy Back Program was one of the City's many Summer Safety Initiatives and expressed appreciation for the community involvement. XIIL PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIV. CONSENT AGENDA Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16602 - Ratifying the Office of Emergency Management's Application for the Fiscal Year 2009 Emergency Management Performance Grant from the Texas Governor's Division of Emergency Management of Approximately $144,000.00 to Reimburse Expenditures from the City's Emergency Management Program; if Awarded the Grant, Authorizing the City Manager to Accept the Grant and to Execute a Grant Contract with the Texas Governor's Division of Emergency Management for the Amount of the Award; Authorizing a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund of the Money Awarded from the Grant, for the Interim Financing of this Grant Pending Execution of the Grant Contract to Secure Continuation of the Emergency Management Program from One (1) Grant Funding Period to the Next; Authorizing Transfer of the Office of Emergency Management Funds from the General Fund to the Grants Fund as the City's Match for the Grant; and Authorizing the Transfer of Eligible Grant Costs from General Fund to Grants Fund; and Adopting Appropriation Ordinance No. 18680-06-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $288,000.00, from Available Funds, for the Purpose of Funding Emergency Management Planning and Preparedness Activities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 5 of 21 (XIV. CONSENT AGENDA Continued) 2.M&C G-16603 - Adopting the Updated and Revised Gateway Park Master Plan; and Amending the Park, Recreation and Open Space Master Plan to Include the Gateway Park Master Plan Update Recommendations as Priorities for Development. 3.M&C G-16604 - Authorizing the City Manager to Pay the Steering Committee of Oncor Electric Delivery Service Area Cities the Sum of$70,285.00 to Fund Participation in Current and Upcoming Electric Utility Dockets and Rulemakings Related to Electric Utility Regulation at the Texas Public Utilities Commission. 4.M&C G-16605 - Authorizing the Temporary Closure of Old Denton Road Between Summerfields Boulevard and Thompson Road from June 24, 2009, to September 17, 2009, to Facilitate Construction for Paving and Drainage Improvements. 5.M&C G-16606 - Authorizing the Temporary Closure of Ray White Road Between Kroger Drive and Archer Drive from June 24, 2009, to August 28, 2009, to Facilitate Construction for Paving and Drainage Improvements. 6.M&C G-16607 - Approving a Three (3) Month Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $14,414.40 for Police Officer Sean A. Beck Beginning June 22, 2009, through September 20, 2009. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10990 - Authorizing the Purchase of Testing Equipment and Support Services from Agilent Technologies, Inc., for the Water Department Using the Informal Bid Process for a Total Cost of$41,837.25,with Payment Due 30 Days After Receipt of the Invoice. 2.M&C P-10991 - Authorizing the Purchase of a New Hydraulic Submersible Pump Using Texas Multiple Award Schedule Cooperative Contract with Godwin Pumps for the Water Department for a Total Amount of $70,938.02 with Payment Due 30 Days from Receipt of Invoice. C.Land - Consent Items 1.M&C L-14793 - Authorizing the Direct Sale of Tax-Foreclosed Property Described as Lot 16 and Lot 17, R.G. Johnson Addition, Located at 1807 Washington Avenue, Fort Worth, Texas, to Mike Torok in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $2,149.74; and Authorizing the City Manager or His Designee to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 6 of 21 (XIV. CONSENT AGENDA Continued) E.Award of Contract- Consent Items 1.M&C C-23608 - Authorizing the City Manager to Execute a Communications Systems Agreement with Texas Christian University for Participation in the City of Fort Worth's Two- Way Public Safety Radio System in Which Texas Christian University will Reimburse its Share of Operations and Maintenance to Ensure No Cost to the City of Fort Worth, and for Fiscal Year 2009 the Reimbursement is Estimated to be Approximately $10,600.00. 2.M&C C-23609 - Authorizing Amendment No. 1 to City Secretary Contract No. 36289, a Community Facilities Agreement with Museum Place Infrastructure, Ltd., to Allow Partial Reduction of the Corresponding Financial Guarantee. 3.M&C C-23610 -Authorizing the City Manager to Accept Funds in the Amount of$200,000.00 from the Southside TIF for the Design and Construction of the Guinn Commemorative Plaza and Adopting Appropriation Ordinance No. 18681-06-2009 Increasing Estimated Receipts and Appropriations in the Special Assessment District Fund from Available Funds, for the Purpose of Transferring Said Funds to the Specially Funded Capital Projects Fund, for the Design and Construction of the East Rosedale Street/Guinn Commemorative Plaza; Authorizing the Transfer from Special Assessment District Fund to the Specially Funded Capital Projects Fund; Adopting Appropriation Ordinance No. 18682-06-2009 Increasing Estimated Receipts and Appropriations in the Specially Funded Capital Projects Fund from Available Funds; and Authorizing the City Manager to Execute an Architectural Infrastructure Services Agreement in the Amount of$42,465.00 with Komatsu/Rangel, Inc., d/b/a Komatsu Architecture for the Design of the East Rosedale Street/Guinn Commemorative Plaza. 4.M&C C-23611 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $53,927.00 to City Secretary Contract No. 33119, an Engineering Agreement with Carter & Burgess, Inc., for the Eastern Hills Watershed Planning Study, Thereby Increasing the Total Contract Amount to $161,427.00. 5.M&C C-23612 -Authorizing the City Manager to Accept up to $50,000.00 in Fiscal Year 2009 from Various Parties Based on the Agreement with the Texas Commission on Environmental Quality to Receive Voluntary Supplemental Environmental Project Contributions for a "Mow Down Air Pollution" Mower Exchange Event; Adopting Appropriation Ordinance No. 18683-06- 2009 Increasing Estimated Receipts and Appropriations in the Grants Fund Upon Receipt of Supplemental Environmental Project Funds; Adopting Appropriation Ordinance No. 18684-06- 2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $124.16, from Available Funds; Authorizing a Transfer of Interest Earned from Supplemental Environmental Project Fiscal Year 2008 Grant to Fiscal Year 2009 Grant in the Amount of $1,114.09; and Adopting Appropriation Ordinance No. 18685-06-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $2,000.00, from Interest Earned. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 7 of 21 (XIV. CONSENT AGENDA Continued) 6.M&C C-23613 - Authorizing the City Manager to Execute a Contract with Texas Excavation Safety System, Inc., to Provide the Water Department Notification Services in an Amount Not to Exceed $80,000.00. XV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S-1729 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XVL REPORT OF THE CITY MANAGER B.General 1.M&C G-16600 - Rescind the Previously Authorized M&C G-16513 that was Approved by the City Council on April 7, 2009; Conduct a Public Hearing to Allow Citizen Input and Consideration of the City's Revised 2009-2010 Action Plan for Use of Federal Grant Funds Totaling $11,417,713.00 from the United States Department of Housing and Urban Development (HUD) Under the Community Development Block Grant (CDBG), HOME Investments Partnerships Grant, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Programs; Approve the City's Revised 2009-2010 Action Plan for Submission to HUD, Including Allocations of Grant Funds to Particular Programs and Activities in Accordance with the Listing; Authorize the Use of$170,000.00 in Estimated Program Income from CDBG Funds; Authorize the Use of $100,000.00 in Estimated Program Income from HOME Investments Partnerships Grant Funds; Apply Indirect Cost Rates as Applicable for the Grants Fund in Accordance with the City's Administrative Regulations; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriation to the Grants Fund in the Total Amount of $11,417,713.00 ($6,743,925.00 in CDBG Funds, $170,000.00 in CDBG Program Income, $3,216,778.00 in HOME Investments Partnerships Grant Funds, $100,000.00 in HOME Investments Partnerships Grant Program Income, $294,481.00 in Emergency Shelter Grant Funds and $892,529.00 in Housing Opportunities for Persons with AIDS Funds), All Subiect to Receipt of These Grants for the Purpose of Funding Maior Housing and Community Development Activities (Continued from June 16, 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 8 of 21 (G-16600 Continued) (Council Member Jordan left his place at the dais.) a.Report of City Staff Ms. Dolores Garza, Community Development Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. She advised that the Council had been provided a revised M&C G-16600 and read the following revisions into the record: Housing Programs and Services- $2,63 6,775.00 Community Facilities and Infrastructure- $855,000.00 CDBG Unprogrammed Funds- $84,984.00 HOME Unprogrammed Funds- $100,000.00 These funds have not been allocated to a specific project. A substantial amendment to the Action Plan and public notice will be published when a project is identified for these funds. Mayor Pro tem Hicks advised that she served as a member of the Presbyterian Night Shelter Board and the AIDS Outreach Center Board and would recuse herself from voting on this item. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Burns, that the public hearing be closed and Mayor and Council Communication No. G-16600 be approved as amended and Appropriation Ordinance No. 18686-06-2009 be adopted. The motion carried seven (7) ayes to zero (0) nays and two (2) abstentions by Mayor Pro tem Hicks and Council Member Jordan. (Council Member Jordan returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 9 of 21 2.M&C G-16608 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund in the Amount of $4,644,548.00 in the Departments that are Over Budget, and Decreasing the Unreserved, Undesignated General Fund Balance by the Same Amount for the Purpose of Funding the Fiscal Year 2008 Budget; and Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Retirement Fund in the Amount of$1,077.00 for the Purpose of Finalizing the Fiscal Year 2008 Budget. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16608 be approved and Supplemental Appropriation Ordinance Nos. 18687-06-2009 and 18688-06-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.M&C G-16609 - Authorize a Budget Amendment for the South Hemphill Heights Model Blocks Grant to Reallocate $50,000.00 in Community Development Block Grant Funds from the Alleys Improvement Project to the Old Fire Station No. 10 Rehabilitation Proiect; and Authorize a Substantial Amendment to the City's 1997-1998 and 1998-1999 Action Plans. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16609 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burns expressed appreciation to the Housing and Economic Development Department staff and the South Hemphill Heights Neighborhood Association for their support and dedication to the project. 4.M&C G-16610 - Authorize a Substantial Amendment to the City's 2007-2008 Action Plan; Approve a Change in Use and Expenditure of $480,000.00 in HOME Investment Partnership Grant Funds to Lincoln Terrace, L.P., an Affiliate of the Fort Worth Housing Authority, in the Form of an Interim Subordinate Construction Loan for the Reconstruction of Lincoln Terrace Apartments Located at 4714 Horne Street; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment with Lincoln Terrace, L.P., for the Loan that Conditions Funding, Among Other Things, Upon Satisfactory Completion of the HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract with Lincoln Terrace, L.P., for the Proiect with a Three (3) Year Term Beginning on the Date of the Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Lincoln Terrace, L.P., Requests an Extension and Such Extension is Necessary for the Completion of the Proiect; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract, if Necessary to Achieve Proiect Goals, Provided that the Amendment is Within the Scope of the Proiect and in Compliance with All Applicable Laws and Regulations Governing Use of Federal Grant Funds. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 10 of 21 (G-16610 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16610 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.M&C G-16611 - Adopt a Resolution Supporting the Negotiation of an Interlocal Agreement Between the City of Fort Worth and the Fort Worth Independent School District for the Purpose of Promoting the Development of a Joint-Use Elementary School/Community Center in Rosemont Park, Including a Lease of the School District Property for Use as a Neighborhood Park. 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 item. Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report and PowerPoint slide presentation. The following citizens appeared before Council in support of Mayor and Council Communication No. G-16611 relative to the preservation of green space, crime reduction, flood control in Rosemont Park, and the benefit of a joint use facility to the areas children, parents, and senior citizens: Mr. Juan Rangel, 2259 Lipscomb, member of the Fort Worth Independent School Board of Trustees Ms. Allison J.H. Thompson, 4032 Barr Street Mr. Don Van, 1809 West Drew Street Ms. Pauline Gasca-Valenciario, 316 East Drew Street Mr. Juan Perez, 2741 Hemphill Street Ms. Norma Armenta, 4028 Townsend Street Mr. Fernando Florez, 2740 Hemphill Street The following citizens appeared before Council in opposition to Mayor and Council Communication No. G-16611 and expressed concern relative to the City's notification process and misleading signage, encroachment, removal of baseball fields, limited use of the park created by the proposed school, the history of Rosemont Park, the danger of the potential gas well drilling sites and increased traffic: Mr. Robert Snoke, 3826 6th Avenue Mr. Charles Dreyfus, 2416 Park Place Mr. Toby Tobias, 3736 South Jones Street Ms. Rita Pacheco, 3021 South Jones Street Mr. Alonzo J. Aguilar, 3725 Stuart Drive Mr. Lee Saldivar, 936 Cardinal Ridge Avenue Ms. Joan Kline, 1215 Elizabeth Boulevard Mr. Gary Hogan, 2117 Rolling Creek Run CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 11 of 21 (G-16611 Continued) Council Member Burns explained that the City would relinquish 1.52 acres of land to Fort Worth Independent School District (FWISD)in exchange for 6.7 acres of land that would be utilized and developed as a neighborhood park. He stated that a joint use facility would reduce by half many of the costs and items associated with a school and community center. He further stated that the agenda item was a resolution to enter into negotiations of an interlocal agreement with FWISD. He advised that if the City did not move forward with the negotiations and agreement that the project would be derailed and the projected completion date would be unattainable. He expressed appreciation to the teachers and school administrators for their support of the project and recognized the children from the Mobile Summer Camp who attended the meeting. He pointed out that the children would directly benefit from the potential joint use elementary school and community center in Rosemont Park and stated they were the future leaders of the City. Mayor Moncrief and Council Members Espino, Jordan, Burdette, and Scarth spoke in support of Mayor and Council Communication No. G-16611 and regarding the responsibility of the governing and growing responsibly, the lower cost of the joint use facility, tax dollar savings, baseball fields, and park location related to the school. Council Member Zimmerman spoke in support of Mayor and Council Communication No. G-16611 and offered two (2) recommendations to be considered during the negotiation process: to determine a safe way for children to cross Seminary Drive, the major thoroughfare through the center of Rosemont Park, and the immediate replacement of the baseball fields in another area concurrent with the removal of baseball fields. City Manager Fisseler made the following floor amendment to the resolution: under Section 3, the third line to strike the words, "east of and adjacent to Rosemont Middle School". Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16611 be approved and Resolution No. 3752-06-2009 be adopted as amended. The motion carried eight (8) ayes to zero (0) nays and one (1) abstention by Council Member Moss. (Mayor Pro tem Hicks left her place at the dais and left the meeting.) (Council Members Espino and Moss left their places at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 12 of 21 C.Purchase of Equipment, Materials, and Services 1.M&C P-10992 - Authorize a Sole Source Purchase Agreement with Dresser Roots for Centrifugal Compressors, Blowers, Replacement Parts and Repair Service for the Village Creek Wastewater Treatment Plant for an Amount up to $200,000.00. (Council Member Moss returned to his place at the dais.) Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10992 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays with Mayor Pro tem Hicks and Council Member Espino absent. 2.M&C P-10993 - Authorize a Purchase Agreement for City Equipment and Vehicle Towing with Texas Towing Wrecker Service, Inc., for the Equipment Services Department for an Amount Up to $200,000.00. (Council Member Espino returned to his place at the dais.) Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10993 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 3.M&C P-10994 - Authorize a Purchase Agreement with Turbine Engine Repairs with Keystone Helicopters Corporation for the Police Department Helicopters for an Amount Up to $356,000.00, Freight Included,with Payments Due 30 Days After Receipt of Invoices. Council Member Jordan requested that Police Chief Halstead provide an update to the Council on the Helicopter and Heliport Program at a future Council meeting. Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. P-10994 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. D.Land 1.M&C L-14794 - Authorize a Lease Agreement with MCImetro Access Transmission Services, LLC, d/b/a Verizon Access Transmission Services, for Approximately 30,897 Square Feet of Office Space at an Initial Annual Rent of $11.73 Per Square Foot, at the Zipper Building, 1111 Monroe Street, Fort Worth, Texas, for a Five (5) Year Term from November 1, 2010, to October 31,2015; Authorize the City Manager or His Designee to Renew the Lease Agreement at the City's Option for Up to Two (2) Successive Five (5) Year Terms at Fair Market Rent Provided that Sufficient Funds Have Been Appropriated to Satisfy the City's Obligations During the Renewal Term; and Authorize the City Manager or His Designee to Execute the Appropriate Instruments to Complete the Lease Agreement to Complete the Transaction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 13 of 21 (L-14794 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14794 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 2.M&C L-14795 - 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 for the Location of Public Right-of-Way at Remington Pointe Park; Find that the Proposed Conversion Includes All Reasonable Planning to Minimize Harm to Remington Pointe Park; and Close the Public Hearing and Authorize the City Manager to Convert Approximately 0.003 Acre of Dedicated Parkland for Use as Public Right- of-Way to be Placed on a Portion of Land Situated in Remington Pointe Park, Located in Lot 7, Block 23, Remington Pointe, an Addition to the City of Fort Worth, Tarrant County, Texas, Located at 6050 Western Pass, South of Longhorn Road and East of Western Pass. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff 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 Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14795 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 14 of 21 3.M&C L-14796 - 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 for the Location of the Proposed Gas Pipeline for Sycamore Creek Golf Course; Find that the Proposed Gas Pipeline Includes All Reasonable Planning to Minimize Harm to the Parkland, and Including that the Pipeline will be Constructed in Sycamore Creek Golf Course; Close the Public Hearing and Authorize the City Manager to Convert Approximately .056 Acre of Dedicated Parkland for Installation of a 24-Inch Gas Pipeline at Sycamore Creek Golf Course, Located at 401 Martin Luther King Jr. Freeway, East of Martin Luther King Jr. Freeway and Sycamore Circle, North of Vickery Boulevard, West of Ernest Street and South of Union Pacific Railroad; and Authorize the Execution of a License Agreement with Texas Midstream Gas Services, LLC, in the Amount of$7,565.62. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff 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 Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14796 be continued until the July 14, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. F.Award of Contract 1.M&C C-23614 - Authorize a Contract with Motorola, Inc., to Provide Software, Installation and Professional Services to Upgrade the Firmware on the Dispatch System at the Bolt Street 911 Dispatch Center for the Information Technology Solutions Department for a Cost Not to Exceed $225,900.00. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23614 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 15 of 21 2.M&C C-23615 - Authorize the City Manager to Execute Public Right-of-Way Use Agreements with Cow Town Pipeline and Quicksilver Resources to Construct and Operate Two (2) Natural Gas Pipelines Across Kaltenbraun Road, East of Kay Drive and Sun Valley Drive, East of Kay Drive for a One (1) Time License Fee of$11,040.00. Mayor Moncrief recognized that Mr. Stephen Lindsey, 777 West Rosedale, completed a speaker card in support of Mayor and Council Communication No. C-23615, but did not wish to address the Council. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23615 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 3.M&C C-23616 - Authorize the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 38200, a Community Facilities Agreement with Duke Construction, L.P., to Add City Participation in the Amount of$199,593.00 for the Installation of a Twelve (12) Inch Water Main to Serve the Department of Veterans Affairs Fort Worth Clinic. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23616 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 4.M&C C-23617 - Authorize the City Manager to Apply for and Accept, if Awarded, a Grant up to $250,000.00 from the United States Department of Housing and Urban Development (HUD) for the City's Housing Counseling Services; Certify that the Activities to be Funded with HUD's Housing Counseling Grant are Consistent with the City's Consolidated Plan; Authorize the City Manager to Accept Private Donations up to $15,000.00 to Further Support the City's Housing Counseling Program; Authorize a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund in the Amount of $30,000.00 for Interim Financing of this Grant Program Pending Contract Execution; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $250,000.00 Upon Receipt of a Grant from HUD, and in the Special Trust Fund in the Amount of $15,000.00 from Private Donations, for the Purpose of Supporting the City's Housing Counseling Program. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23617 be approved and Appropriation Ordinance No. 18689-06-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 16 of 21 5.M&C C-23618 - Authorize a Change in Use and Expenditure of $370,000.00 in Reprogrammed HOME Community Housing Development Organization Funding to the Neighborhood Land Corporation for Development and Operating Expenses in Support of New Single Family Construction at Infill Sites Throughout the Central City; Authorize the City Manager or His Designee to Execute a Contract with the Neighborhood Land Corporation for the Proiect for a Two (2) Year Term Beginning on the Date of the Execution of the Contract; Authorize the City Manager or His Designee to Extend or Renew the Contract for up to One (1) Year if the Neighborhood Land Corporation Requests an Extension and Such Extension is Necessary for Completion of the Proiect; Authorize the City Manager or His Designee to Amend the Contract, if Necessary to Achieve Proiect Goals, Provided that the Amendment is Within the Scope of the Proiect and in Compliance with All Applicable Laws and Regulations Governing the Use of Federal Grant Funds; and Authorize a Substantial Amendment to the City's 2005-2006 and 2007-2008 Action Plans. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23618 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 6.M&C C-23619 - Authorize a Substantial Amendment to the City's 2004-2005 Action Plan; Authorize a Change in Use and Expenditure of $507,404.51 in Reprogrammed HOME Community Housing Development Organization Funding to the Tarrant County Housing Partnership for Development and Operating Expenses in Support of New Single Family Construction at Infill Sites in the South Hemphill Heights Neighborhood; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment with the Tarrant County Housing Partnership for the Lean that Conditions Funding, Among Other Things, Upon Satisfactory Completion of the HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract with Tarrant County Housing Partnership for the Proiect for a Two (2) Year Term Beginning on the Date of the Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for up to One (1) Year if Tarrant County Housing Partnership Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager or His Designee to Amend the Conditional Commitment or the Contract, if Necessary to Achieve Proiect Goals, Provided that the Amendment is within the Scope of the Proiect and in Compliance with all Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23619 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 17 of 21 7.M&C C-23620 - Authorize a Substantial Amendment to the City's 2007-2008 and 2008-2009 Action Plans; Authorize a Change in Use and Expenditure of $1,400,000.00 in HOME Investment Partnership Grant Funds to the Fort Worth Housing Authority in the Form of a Forgivable Subordinate Loan to Assist in the Purchase of the Villas of Eastwood Terrace Senior Housing Community from the Fort Worth Housing Finance Corporation; Authorize the City Manager or His Designee to Execute a Conditional Commitment with the Fort Worth Housing Authority for the Loan that Conditions Funding, Among Other Things, on Satisfactory Completion of the HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract with Fort Worth Housing Authority for the Proiect with a Two (2) Year Term Beginning on the Date of the Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for up to One (1) Year if the Fort Worth Housing Authority Requests an Extension and Such Extension is Necessary for Completion of the Proiect; and Authorize the City Manager, or His designee, to Amend the Conditional Commitment or the Contract, if Necessary to Achieve Proiect Goals, Provided that the Amendment is Within the Scope of the Proiect and in Compliance with All Applicable Laws and Regulations Governing Use of Federal Grant Funds. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23620 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 8.M&C C-23621 - Adopt a Resolution Authorizing the Execution of an Advance Funding Agreement with the Texas Department of Transportation for the Division of Costs and Responsibilities Associated with Reconstruction of the Silver Creek Road Bridge at Silver Creek; Authorize the City Manager to Accept $1,635,000.00 Non-Cash Federal Funds from the Highway Bridge Replacement and Rehabilitation Program through Texas Department of Transportation; Authorize the Transfer of $163,500.00 from the 2004 Street Improvements Fund to the Grants Fund Towards the City's Ten (10) Percent Required Equivalent Match for this Proiect; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$1,798,500.00, from Available Funds, for the Purpose of Funding the Reconstruction of Silver Creek Road Bridge over Silver Creek. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23621 be approved and Resolution No. 3753-06-2009 and Appropriation Ordinance No. 18690-06-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 18 of 21 9.M&C C-23622 - Adopt a Resolution Authorizing the Execution of an Advance Funding Agreement with the Texas Department of Transportation for the Division of Costs and Responsibilities Associated with Reconstruction of the Silver Creek Road Bridge at Live Oak Creek; Authorize the City Manager to Accept $1,008,000.00 Non-Cash State/Federal Funds from the Highway Bridge Replacement and Rehabilitation Program Through the Texas Department of Transportation; Authorize the Transfer of $100,800.00 from the 2004 Street Improvements Fund to the Grants Fund Towards the City's Ten (10) Percent Required Equivalent Match for this Proiect; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $1,108,800.00, from Available Funds, for the Purpose of Funding the Reconstruction of Silver Creek Road Bridge Over Live Oak Creek. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23622 be approved and Resolution No. 3754-06-2009 and Appropriation Ordinance No. 18691-06-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 10.M&C C-23623 - Authorize the City Manager to Execute a Construction Contract in the Amount of $47,044,014.00 with McCarthy Building Companies, Inc., to Construct the Westside Water Treatment Plant Located at 12200 Old Weatherford Road. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23623 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 11.M&C C-23624 - Authorize the City Manager to Accept a Grant and Execute a Contract with the Texas Department of Housing and Community Affairs in an Amount up to $3,000,000.00 for the Community Services Block Grant American Recovery and Reinvestment Act of 2009; Authorize a Non-Interest Bearing Interfund Loan from the General Fund to the Grants Fund in the Amount of $300,000.00 for Interim Financing of this Grant Proiect, Pending Contract Execution; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund Upon Receipt of a Grant from the Texas Department of Housing and Community Affairs, for the Purpose of Supporting Employment-Related Services and Activities that Create and Sustain Economic Growth; and Waive Indirect Costs Associated with Administration of this Grant Program. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23624 be approved and Appropriation Ordinance No. 18692-06-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 19 of 21 12.M&C C-23625 - Adopt a Resolution Supporting the Creation of an Interlocal Agreement for the Purpose of Promoting the Joint Use of Facilities Between the City of Fort Worth and the Eagle Mountain-Saginaw Independent School District. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23625 be approved and Resolution No. 3755-06-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 13.M&C C-23626 - Authorize the Transfer of $214,500.00 from the Park Dedication Fees Unspecified Fund to the Harriet Creek Ranch Park Proiect; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Harriet Creek Ranch Park Section of the Park Dedication Fees Fund from Available Funds, for the Purpose of Funding Park Improvements at Harriet Creek Ranch Park; and Authorize the City Manager to Execute a Contract with Henneberger Construction, Inc., in an Amount of $195,000.00 for Park Development. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23626 be approved and Appropriation Ordinance No. 18693-06-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 14.M&C C-23627 - Find that the Petition Requesting Re-Establishment of Fort Worth Public Improvement District No. 1 (Downtown PID) Meets the Requirements Necessary for the City Council to Designate the Proposed Area as a Public Improvement District Pursuant to Chapter 372 of the Texas Local Government Code, Based on the Petition Summary; Hold a Public Hearing to Consider the Following Matters: The Advisability of Re-Establishing the Downtown PID for a Term of Approximately 20 Years, Expiring September 30, 2029; The General Nature of the Proposed Improvements and/or Services to be Undertaken in the Downtown PID (Section 1.3 of the Resolution); The Estimated Costs of the Improvements and/or Services (Attachment 1 of the Resolution); The Proposed Boundaries of the Downtown PID (Section 1.5 and Attachment 2 of the Resolution); and The Proposed Methods of Assessment; Adopt a Resolution which: (i) Makes Certain Findings Concerning the Nature and Advisability of the Improvements and Services to be Provided in the Downtown PID, the Estimated Costs, the Boundaries of the Downtown PID, the Method of Assessment and the Apportionment of Costs Between the Downtown PID and the City as a Whole; (ii) Re-Establishes the Downtown PID; and (iii) Approves the Budget and a Five (5) Year Service Plan for the Downtown PID; Direct the City Secretary to Publish the Notice of the Re-Establishment of the Downtown PID as Required by Chapter 372 of the Texas Local Government Code; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$46,650.00, from Available Funds, for the Purpose of Funding Improvements and Services in Downtown PID; Authorize the Transfer of$1,290.00 for Administrative Fees from CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 20 of 21 (C-23627 Continued) the Special Assessment District Fund (Public Improvement District No. 1 Fiscal Year 2009 Proiect Account) to the Special Trust Fund; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $1,290.00 from Available Funds, for the Purpose of Funding Improvements and Services in Downtown PID; and Authorize the City Manager to Execute a Contract with Downtown Fort Worth, Inc., to Provide Management Services to the Downtown PID. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Ossana Hermosillo, Economic Development Specialist, Housing and Economic and Community Development Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. C-23627 be approved and Resolution No. 3756-06-2009 and Appropriation Ordinance Nos. 18694-06-2009 and 18695- 06-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Mayor Moncrief requested a motion to reconsider the vote previously taken regarding the appointment by Mayor Pro tem Hicks to the Fort Worth Plan Commission. Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, to reconsider the appointment of Mr. Donald Richard Boren to the Fort Worth Plan Commission. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. City Attorney Yett clarified that the motion to reconsider included only the appointment of Place 8 on the Fort Worth Plan Commission. Motion: Council Member Jordan made a motion, seconded by Council Member Burns, that the appointment of Place 8 on the Fort Worth Plan Commission be continued to the July 14, 2009 Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 23, 2009 PAGE 21 of 21 XVII.CITIZEN PRESENTATIONS 1.Mr. Joe Don Brandon, P.O. Box 1155 - Operation of The T Bus System by the City Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and expressed concern regarding the operation of The T Bus System (The T). He stated that The T was abusive to their employees, the buses were consistently filled over legal capacity, and that there was audio and video surveillance recording equipment located on the buses, which was a violation of civil rights. He further stated that the buses were unsafe and were operated with broken equipment, such as tires and brakes. He requested the City investigate the operation of The T and take over its operation. Mayor Moncrief recessed the regular Council meeting and reconvened into the Pre-Council Work Session at 12:16 p.m. in order to complete the following item: 6. 2009 Legislative Wrap-Up - Reid Rector and T.J. Patterson, City Manager's Office. XIX.ADJOURNMENT There being no further business, the meeting was adjourned at 12:16 p.m. These minutes approved by the Fort Worth City Council on the 14th day of July, 2009. Attest: Approve Marty Adrix Michae City Secretary Mayor crie