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HomeMy WebLinkAbout2009/07/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Council Member Frank Moss, District 5 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I.CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:13 p.m. on Tuesday, July 14, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Moss absent. IL INVOCATION® Reverend Sultan Cole, R vealed World Ministries The invocation was provided by Reverend Sultan Cole, Revealed World Ministries. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. Mayor Moncrief advised that the consideration of the special called meeting and the regular meeting of June 23, 2009, would be considered together. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 2 of 40 IV.CONSIDERATION OF MINUTES OF SPECIAL CALLED MEETING OF JUNE 231.2009 V.CONSIDERATION OF MINUTES OF REGULAR MEETING OF JUNE 2 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the minutes of the special called meeting and the regular meeting of June 23, 2009, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. VI. SPECIAL PRESENTATIONS, INTRODUCTIONS,_ TC. Council Members Jordan and Zimmerman presented Certificates of Appreciation to the following Mayor's Aviation Museum Task Force members that were in attendance: Mr. Jeff Johns, Mr. Ed Cvetko, Mr. Norman Robbins, Mr. Carl Harris, Mr. David DuBois, Mr. Jim Hodgson, Mr. Raymond Darrow and Mr. Clyde Picht. Mr. Van Romans, Ms. Brenda Tillman and Mr. Doc Hospers were not able to attend the meeting to receive their certificates but they were recognized. VII.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Utc n2 and Recent Events Mayor Pro tem Hicks wished Ms. Wanda Conlin a happy 80th birthday. She addressed the incident that took place at the Rainbow Lounge, 651 South Jennings Street, on June 28, 2009, and stated the City of Fort Worth had a lot of work to do related to the investigation by Police Chief Jeff Halstead. She also expressed appreciation to those who had contacted her regarding this event and stated that she had responded to countless emails and phone messages. She further stated that she supported an independent investigation of the incident and requested that all city staff be required to attend diversity training. She advised the City could and must move forward in the future. Council Member Burns announced that a Tower 55 Public Meeting would be held on August 3, 2009, at 5:30 p.m. at the Fort Worth Intermodal Transportation Center. He also announced that the Fort Worth Animal Shelter was in great need of volunteers and those interested should call 817-392-3737 or visit the Animal Shelter Control Center located at 4900 Martin Street. He stated that the incident that took place at the Rainbow Lounge reminded him of what compelled him to run for City Council. He stated that he loved Fort Worth and wished to protect what made this great city great. He stated he had answered over 1,000 emails, text messages, and phone calls. He further stated he wished for a stronger, smarter, more prepared City. He expressed appreciation to Chief Halstead and the Police Department and stated he was confident that a thorough investigation would be conducted. He also announced that he hoped an independent investigation would restore the faith of the citizens. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 3 of 40 (VII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) 2.BgL2gnition of Citizens There were no citizens recognized at this time. VIII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. IX.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. X.PRESENTATIONS BY THE CITY COUNCIL 1.Election of Mayor P o Tem Mayor Moncrief provided the history of the Mayor Pro tem position and stated that the position would be considered and voted on because it was required by the Charter. Council Member Jordan spoke on Council Proposal 258 approved by Council in 2006 and that the Mayor Pro tem position was to be considered every year in May. They expressed appreciation to Mayor Pro tem Hicks for her exemplary service as Mayor Pro tem. Mayor Pro tem Hicks expressed appreciation to the Council, the citizens, and staff for their support and stated she will continue to respect each and every member of the Council. She commented on the communication among Council Members regarding the selection of Mayor Pro tem and increased need for transparency among members of the Council. The following individuals appeared before Council in support of Mayor Pro tem Kathleen Hicks retaining the Council elected position of Mayor Pro tem: Mr. Dee Jay Johannesson, 909 West Magnolia, No. 2 Mr. Joe Don Brandon, P.O. Box 1155 Reverend Jonathan Fisher, 200 Burnett Street, No. 622 Mr. John Whittington, 5118 Norma Street Ms. Krystal James, 1829 Manor Ridge Way Ms. Tricia Woods, 2536 East Berry Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 4 of 40 (X. PRESENTATIONS BY THE CITY COUNCIL Continued) The following individuals completed a speaker card and requested to address the Council and were recognized but were not present in the Council Chambers: Morning Side Chapel CME, 903 East 3rd Street Mr. Cleveland Harris, 1039 Colvin Street Ms. Marie Love, 4332 Glen Eden Drive Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Council Member Danny Scarth be elected Mayor Pro tem. The motion carried six (6) ayes to two (2) nays, with Council Member Moss absent and Mayor Pro tem Hicks and Council Member Burns casting the dissenting votes. Mayor Moncrief and Council Members Espino, Burdette and Scarth provided comments on the Mayor Pro tem position and the election process. Council Member Danny Scarth was elected Mayor Pro tem. 2.Council Proposal . 2 m Waiver of Permit, Temporarl Encro chment Fees for Street and Sidewalk Closures and Other Fees Associated with the Renovations of Burk Burnett Park Council Member Burdette stated that the since this was a Council Proposal, the rules required two (2) readings before the City Council. However, he stated he would make a motion to ask that the rules be suspended, so Council could take action on the proposal today. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, to suspend the rules. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Council Proposal No. 280 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 3.Changes in Membersh on Boards and Commissions Motion: Council Member Espino made a motion, seconded by Council Member Burdette that Ms. Teresa Ayala be appointed to the Community Development Council, effective July 14, 2009, and with a term expiring October 1, 2010. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 5 of 40 (X. PRESENTATIONS BY THE CITY COUNCIL Continued) Mayor Moncrief requested the Council's consideration to appoint Ms. Janet Saltsgiver to the Board of Adjustment-Residential and the Fort Worth Alliance Airport Board of Adjustment. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Ms. Janet Saltsgiver be appointed to the Board of Adjustment—Residential and the Fort Worth Alliance Airport Board of Adjustment, effective July 14, 2009, and with a term expiring October 1, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. XI.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS COMMISSIONS AND/OR COMMITTEES 1.Presentation y everend Brooks Harrington, " airman e May is Avis ry Commission a ess ess Reverend Brooks Harrington, Chairman of the Mayor's Advisory Commission on Homelessess (MACH) presented a resolution to the Council from the MACH that was adopted last month and requested Council support of the resolution. The following individuals appeared before Council in support of the request for full funding of the Directions Home Program: Reverend Fritz Ritsch, representing the Presbyterian Night Shelter, 2700 McPherson Avenue Ms. Susan Cockrell, 1201 East 13th Street Mr. Mike McQuitty, 4928 El Camp, No. 104 Ms. Sara Trigg, 2801 Gardendale Mr. Tim McKinnet, 1509 Northcrest Court Ms. Janet E. Simmans, 5413 Enclave Circle Mr. Tom Plumbloy, 6317 Greenbriar Reverend Melinda Veatch, representing the Tarrant Area Community of Churches and First Presbyterian Fort Worth, 2601 Clover Lane Ms. Mary Sumner, representing the Tarrant Area Community of Churches and Broadway Baptist Church, 2601 Clover Lane Mr. Dan Freemayer, representing the Tarrant Area Community of Churches, 2601 Clover Lane Reverend Jim Chandler, representing the Tarrant Area Community of Churches and Meadowbrook United Methodist Church, 2601 Clover Lane CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 6 of 40 (XI. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES Continued) Reverend Beverly Gilliam, representing the Tarrant Area Community of Churches and Morning Side United Methodist Church, 2601 Clover Lane Ms. Flora Brewer, 6708 Ashbrook Drive Father Luke Robertson, 3717 Stadium Drive Mr. Bruce Frankel, 1415 East Lancaster Avenue Ms. Vicki Niedermayer, 5801 Gloucester Court, Arlington, 76018 Ms. Heather Reynolds, 2701 Burchill Road North Mr. Ed Martin, 2701 Burchill Road North Mr. Eric Neidermayer, 2700 Airport Freeway The following individuals completed speaker cards requesting to address the Council and were recognized but were not present in the Council Chamber: Mr. Daniel McDonald, 7616 Arbor Ridge Court Ms. Janis Marie, 1518 East Lancaster Ms. Claudia Medina, 3201 Sondra Drive The following individuals completed a speaker card in support of the request for full funding of the Directions Home Program but did not wish to address the Council: Ms. Deanie Sewell, 601 Candlewood Road Ms. Lory Kennedy, 4200 South Freeway, Suite 200 Ms. Sherri Pratt, 1723 Hemphill Road Ms. Laura Hilgart, 1723 Hemphill Road Mr. Xergio Chacin, 7521 Fallen Trail Ms. Emily Pond, representing Catholic Charities, 4154 Inman Court Ms. Sara Ramirez, 4109 Pershing Avenue Mr. Ray Ramirez, 4109 Pershing Avenue Ms. Trish Reeves, 2917 River Pine Lane Mr. Carolyn Henry, 2701 Burchill Road North Ms. Laura Sotelo, 309 East Clover Park Drive Ms. Leigh E. Lynes, 7901 Clear Brooke Circle Mr. Jeffery Martin, 3500 Brandon Lane Ms. Marilyn Adams, 2701 Burchill Road North Mr. William Fuller, 3201 Sondra Drive Ms. Elizabeth Audi, 2701 Burchill Road North CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 7 of 40 (XI. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES Continued) Mr. Joshua Audi, 2701 Burchill Road North Ms. Tory Cheatham, 6873 Chickering Road, No. 125 Ms. Nichole Rush, 2305 Mistletoe Avenue Ms. Anita McNew, 4609 Goldrock Drive Ms. Courtney Motnani, 1404 Hemphill Road Ms. Monica Teran, 4408 Wabash Avenue Ms. Lynne Yeoman, 5644 Wedgmont Circle Ms. N. Plascencia, 4600 Hariven Catholic Charities, 2701 Burchill Road North Ms. Larua King, 4408 Birchman Avenue Ms. Kristy Brown, 2427 College Avenue Ms. Eileen Stancukas, 3500 Overton Park West Ms. Felicia Dial, 4817 Cole Street Ms. Camille Adams, 3702 Reid River Road, No. 1025 Mr. Phillip Adams, 3702 Reid River Road, No. 1025 Mr. J. Mema, 4200 South Freeway Ms. Sharon Darnell, 4200 South Freeway, Suite 200 Mr. Carl Smeller, 1329 Smilax Avenue Mr. Raman Toor, 1329 Smilax Avenue Ms. Michelle Smeller, 1329 Smilax Avenue Dr. Teresa Sparks, 1321 West Bryce Ms. Toni Sue Giddens Ms. Jennifer Anderson, 6409 Wilton Ms. Ruth Martin, representing Allied Community Tarrant, 1404 Hemphill Road Mr. Jose Martinez, 2701 Burchill Road North Ms. Suzanne Lefton, 317 Myrtle Drive Mr. James Tarpscott, 2630B Merrick Street Ms. Melissa Lozano, 2701 Burchill Road North Ms. Amy Board, 5825 Highland Park Drive Ms. Rachel Wilkes, 1425 South Henderson Street Mr. Ricky Beard, 5825 Highland Park, No. 2101 Ms. Irma Jimenez, 2701 Burchill Road North Ms. Jessica Jimenez, 2701 Burchill Road North Mr. Martin Pena, 14332 Centrport Landing Court, No. 1522 Mr. Neal Sheilds, 2428 Medford Court East CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 8 of 40 (XI. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES Continued) Mayor Moncrief, Mayor Pro tem Scarth and Council Members Espino, Jordan and Zimmerman expressed appreciation for all who attended the meeting and spoke regarding the difficult decisions related to the budget gap and prioritization of the funding for the Directions Home program. They stated their pledge to fight homelessness and further stated they were committed to taking ownership of the issues. Mayor Moncrief stated that Mayor and Council Communication No. PZ-2834 would be considered at this time. E.Planning & Zoning 1.M&C PZ-2834 - Adopt an r inance Cha t o a e e r r e af Lane to its Terminus,Located A 'ace t to is - , S erfields Addition in the Cily of Fo rt Worth to "Brooklynn Court" (PUBLIC HEARING. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations The following individuals appeared in support of Mayor and Council Communication PZ-2834 and spoke regarding the street name change to Brooklynn Court. They expressed appreciation to the Council for their service to the City: Kristi Lea Boyd, 6605 Longleaf Court Jamie Baggett, 9005 Crest Ridge Court Elizabeth Milburn, mother of Miss Brooklynn Grace Milburn, 6608 Longleaf Court c.Council Action Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. PZ-2834 be approved and Ordinance No. 18696-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 9 of 40 (PZ-2834 Continued) Mayor Moncrief noted the significance of this Council action and the work that the City still had to accomplish. He further stated that Brooklynn would not be forgotten and that staff would advise the Milburn family of the proposed changes to the animal control ordinance. Mayor Moncrief recessed the meeting at 10:10 p.m. Mayor Moncrief reconvened the meeting at 10:21 p.m. with Council Member Hicks temporarily absent. Mayor Moncrief advised that the Consent Agenda would be considered followed by the citizen presentations regarding the Rainbow Lounge. XIII. CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. A.General - Consent Items 1.M&C G-16612 - Ratifying the Execution of a 2008 Mutual Aid Agreement with the City of Houston for All Services, Other than Law Enforcement Services, that were Rendered After Hurricane Ike. 2.M&C G-16613 - Authorizing the City Manager to Initiate Certain Zoning Changes in the Scenic Bluff Neighborhood, from Various Districts to "A-5" One-Family, "A-5/DD" One- Family/Demolition Delay, `B" Two-Family, "CF/DD" Community Facilities/Demolition Delay, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial and "G" Intensive Commercial, in Accordance with the Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 10 of 40 (XIII. CONSENT AGENDA Continued) 3.M&C G-16614 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Two (2) Limousines Upon the City Streets, Alleys and Thoroughfares; Allpoints Corporate Express is Qualified and Financially Able to Conduct a Limousine Service within the City; Allpoints Corporation Express has Complied with the Requirements of Chapter 34 of the City Code; Allpoints Corporate Express Presented Facts in Support of Compelling Demand and Necessity for Two (2) Limousines; The General Welfare of the Citizens of the City will Best be Served by the Addition of Two (2) Limousines Upon City Streets,Alleys and Thoroughfares; and Adopting Ordinance No. 18697-07-2009 Granting the Privilege of Operating Authority to Allpoints Corporate Express for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, which Shall Consist of the Operation of Two (2) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty and Providing for Written Acceptance by Allpoints Corporate Express. 4.M&C G-16615 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Four (4) Limousines Upon the City Streets, Alleys and Thoroughfares; North Texas Airport Transportation, LLC, is Qualified and Financially Able to Conduct a Limousine Service within the City; North Texas Airport Transportation, LLC, has Complied with the Requirements of Chapter 34 of the City Code; North Texas Airport Transportation, LLC, Presented Facts in Support of Compelling Demand and Necessity for Four (4) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Four (4) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18698-07-2009 Granting the Privilege of Operating Authority to North Texas Airport Transportation, LLC, for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Four (4) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by North Texas Airport Transportation, LLC. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 11 of 40 (XIII. CONSENT AGENDA Continued) 5.M&C G-16616 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Thirty-Five (35) Limousines Upon the City Streets, Alleys and Thoroughfares; Premier Transportation Services, LLC, is Qualified and Financially Able to Conduct a Limousine Service within the City; Premier Transportation Services, LLC, has Complied with the Requirements of Chapter 34 of the City Code; Premier Transportation Services, LLC, Presented Facts in Support of Compelling Demand and Necessity for Thirty-Five (35) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Thirty-Five (35) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18699-07-2009 Granting the Privilege of Operating Authority to Premier Transportation Services, LLC, for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Thirty-Five (35) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by Premier Transportation Services, LLC. 6.M&C G-16617 - Approving a Six (6) Month Extension of Injury Leave-of-Absence Pay Benefits in the Amount of$35,058.40 for Police Officer James B. Rawls Retroactively Beginning June 22, 2009, Through December 18, 2009. 7.M&C G-16618 - Approving a Six (6) Month Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $31,792.80 for Police Officer Lisa Ramsey Retroactively Beginning July 6, 2009, Through January 2, 2010. 8.M&C G-16619 - Approving a Three (3) Month Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $23,099.31 for Police Sergeant Ricky L. Whaley Beginning July 14, 2009, Through October 12, 2009. 9.M&C G-16620 - Approving a Three (3) Month Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $16,692.00 for Police Officer Tammi R. Robinson Retroactively Beginning June 8, 2009, Through September 6, 2009. 10.M&C G-16621 - Adopting Appropriation Ordinance No. 18700-07-2009 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of$25,000.00, from Available Funds, for the Purpose of Funding the Water/Garbage Fee Assistance and Plumbing Repair Program Administered by the Parks and Community Services Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 12 of 40 (XIII. CONSENT AGENDA Continued) B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10995 - Authorizing a Purchase Agreement for Multiple Vendors with Swarco Industries, Inc., Troy Diecutting Company, LLC, and 3M Company for Temporary Pavement Marking Materials for the Transportation and Public Works Department for a Total Amount up to $85,465.00. 2.M&C P-10996 - Authorizing a Purchase Agreement with Pitney Bowes for the Lease of Mail Processing Equipment and Software for the Reprographics Division through Texas Multiple Award Schedule Contract No. 985-L1 for an Amount up to $54,984.00. 3.M&C P-10997 - Authorizing the City Manager to Authorize a Sole Source Purchase Agreement for Sewer Inserts for the Water Department for an Annual Amount up to $67,924.00. 4.M&C P-10998 - Authorizing a Sole Source Purchase Agreement for Telog Equipment, Repairs, Service, Software and Upgrades with Macauley Controls Company for the Water Department for an Amount up to $75,000.00, Based on Telog's Domestic Product Price List. C.Land - Consent Items 1.M&C L-14797 - Authorizing the Acquisition of One (1) Improved Lot Located at 2702 Decatur Avenue, Described as Lot 11, Block 5, Diamond Hill Addition and One (1) Vacant Residential Lot Located at 2705 Guenther Avenue, Described as Lot 12, Block 5, Diamond Hill Addition, Fort Worth, Texas, from Active Homebuyers, Inc.; Finding that the Price of $56,324.00 Offered for the Purchase of the Improved Lot and the Vacant Residential Lot, Plus Payment of Estimated Closing Costs of $5,000.00, for the Lebow Channel Watershed Improvements Project, is Just Compensation for the Acquisition; and Authorizing the City Manager, or His Designee, to Accept the Conveyance and Record the Appropriate Instruments. 2.M&C L-14798 - Authorizing Fee Acquisition of Right-of-Way from Athletic Village of Keller, Ltd., Located at 200 Golden Triangle Boulevard, Described as a Portion of the Jesse Billingsley Survey, Abstract No. 70, Tract 8A, in the Amount of $9,500.00 for the Widening of Golden Triangle Boulevard; Finding that the Price Offered Plus Estimated Closing Costs of$1,500.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 13 of 40 (XIII. CONSENT AGENDA Continued) 3.M&C L-14799 - Authorizing the Acceptance of a Dedication Deed from Oncor Electric Delivery, LLC, at No Cost to the City of Fort Worth, Construction of Edwards Ranch Road, North of the Horne Street Substation Near Vickery Boulevard, Described as F.G. Beasley Survey, Abstract No. 135, Fort Worth, Tarrant County, Texas; and Authorizing the City Manager, or His Designee, to Accept and Record the Appropriate Instruments to Complete the Conveyance. 4.M&C L-14800 - Authorizing Fee Acquisition of Right-of-Way from R&D Reynolds, Inc., Located at 3580 Golden Triangle Boulevard, Described as a Portion of the William McGowan Survey, Abstract No. 999, Tract 12D02G and 12D02H, Fort Worth, Texas, in the Amount of $11,148.00 for the Widening of Golden Triangle Boulevard; Finding that the Price Offered Plus Estimated Closing Costs of$2,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. E.Award of Contract- Consent Items 1.M&C C-23628 - Authorizing the City Manager to Execute a Communications Systems Agreement with the Area Metropolitan Ambulance Authority for Participation in the City of Fort Worth's Two-Way Public Safety Radio System in which the Area Metropolitan Ambulance Authority will Reimburse its Share of Operations and Maintenance to Ensure No Cost to the City of Fort Worth; for Fiscal Year 2009, the Reimbursement is Estimated to be Approximately $59,000.00. 2.M&C C-23629 - Authorizing the City Manager to Execute a Communications Systems Agreement with the City of North Richland Hills for Participation in the City of Fort Worth's Two-Way Public Safety Radio System in which the City of North Richland Hills will Reimburse its Share of Operations and Maintenance to Ensure No Cost to the City of Fort Worth; for Fiscal Year 2009, the Reimbursement is Estimated to be Approximately $99,000.00. 3.M&C C-23630 - Authorizing the City Manager to Execute a Communications Systems Agreement with Tarrant County for Participation in the City of Fort Worth's Two-Way Public Safety Radio Systems in which Tarrant County will Reimburse its Share of Operations and Maintenance to Ensure No Cost to the City of Fort Worth; for Fiscal Year 2009, the Reimbursement is Estimated to be Approximately $283,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 14 of 40 (XIII. CONSENT AGENDA Continued) 4.M&C C-23631 - Authorizing the City Manager to Execute a Lease Agreement with The Armory Building, LLC, for Approximately 14,649 Square Feet of Office Space for an Annual Rent of$15.00 per Square Foot, with a Three (3) Percent Annual Escalation Beginning in Year Three (3), Located at 1289 Hemphill Street for a Ten (10) Year Term from October 1, 2009, to September 30, 2019, for the Fort Worth Police Department; Authorizing the City Manager, or His Designee, to Renew the Lease Agreements at the City's Option for up to Two (2) Successive Five (5) Year Terms Provided that Sufficient Funds have been Appropriated to Satisfy the City's Obligations During the Renewal Term; and Recommending that the City Council Adopt a Supplemental Appropriation Ordinance 18701-07-2009 Increasing Estimated Receipts and Appropriations in the Federal Awarded Assets Fund in the Amount of $103,105.87 and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Funding Information Technology Services. 5.M&C C-23632 - Authorizing the City Manager to Enter into an Encroachment on Easement Agreement with Oncor Electric Delivery Company, LLC, to use a Portion of an Existing 10 Foot Underground Easement Located at 750 Thirteenth Avenue for Water Distribution System Improvements, Part 4, South Holly Treatment Plant to the Medical District at No Cost to the City; and Authorizing the Acceptance and Recording of Appropriate Instruments. 6.M&C C-23633 - Authorizing the City Manager to Execute a Pipeline Crossing Agreement with Union Pacific Railroad at a One (1) Time Cost of$3,800.00 for the Installation of a Sanitary Sewer Pipeline Crossing Located on the South Side of Camp Bowie Boulevard and East of the Weatherford Traffic Circle. 7.M&C C-23634 -Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $64,536.00 to City Secretary Contract No. 38160 with Gibson and Associates, Inc., for the West Lancaster Avenue Bridge Rehabilitation, Increasing the Total Contract Amount to $603,096.00. 8.M&C C-23635 - Authorizing the City Manager to Apply for and Accept, if Awarded, a 2009 Paul Coverdell Forensic Science Improvement Grant from the National Institute of Justice, in the Amount of$124,929.00; Authorizing the City Manager to Execute a Contract in Connection with the Acceptance of the Grant; and Adopting Appropriation Ordinance No. 18702-07-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund Upon Receipt of the Grant, for the Purpose of Funding Improvements in Forensic Services. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 15 of 40 XIII.CONSENT AGENDA Continued) 9.M&C C-23636 - Authorizing the City Manager to Execute Amendment No. 2 to City Secretary Contract No. 35652 with the Texas Commission on Environmental Quality Extending the Contract Period Through August 31, 2010, and Increasing the Not to Exceed Amount from $120,000.00 to $180,000.00; Adopting Appropriation Ordinance No. 18703-07-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$60,000.00, Subject to Receipt of an Executed Contract Amendment with the Texas Commission on Environmental Quality, for the Purpose of Funding the Operation of Ozone Monitoring Stations; and Applying Indirect Cost at the Rate of 21.48 Percent in Accordance with the Terms of the Interlocal Agreement. 10.M&C C-23637 - Authorizing the City Manager to Execute Amendment No. 3 to City Secretary Contract No. 33768 with the Texas Commission on Environmental Quality Extending the Contract Time Through August 31, 2010, and Increasing the Not to Exceed Amount from $107,455.00 to $144,182.91; Adopting Appropriation Ordinance No. 18704-07-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$36,727.91, Subject to Receipt of an Executed Contract Amendment with the Texas Commission on Environmental Quality, for the Purpose of Funding the Operation of Local Air Pollution Particulate Emission Monitoring Sites; and Applying Indirect Cost at the Most Recently Approved Rate of 21.48 Percent for the Environmental Management Department. 11.M&C C-23638 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of$11,351.00 to City Secretary Contract No. 33664, a Community Facilities Agreement with One SR, L.P., Sendera Ranch, Ltd., and Two SR, L.P., for the Design of the Sendera Ranch Pump Station and Ground Storage Tank, the Northside II 42-Inch Approach Water Main and the Northside IV Water Main to Serve the Sendera Ranch, Sendera Ranch East and Adjacent Developments. XIV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S-1730 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. Mayor Moncrief advised that agenda item number two (2) under Citizen Presentations would be moved and considered as the next item on the agenda. (Council Member Hicks returned to her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 16 of 40 XVIIL CITIZEN PRESENTATIONS Item 2 2.Mr. Jon Nelson, Es g., 1400 W. A bram Street, Arlington, Texas ® R inbow Lou e s ec and ves a Mr. Jonathan Nelson, Esq., representing Fairness Fort Worth, 4500 Westridge Avenue, appeared before Council and addressed the events that took place on June 28, 2009, at the Rainbow Lounge, 651 South Jennings Street. He commented on the remarks made by Police Chief Halstead directly following the incident and stated he felt the remarks were inappropriate. He read an email that he had received related to his sexual orientation. He expressed appreciation to the Police Department and stated he felt the department did a good job on a daily basis. He offered the following five (5) suggestions on how to display the "Fort Worth Way": Citywide diversity training; active police presence where the lesbian, gay, bisexual and transgender(LGBT) citizens congregate; City employees embracing the LGBT community; LGBT Liaisons in the community; and an independent investigation into the events at the Rainbow Lounge on June 28, 2009. The following individuals spoke regarding LGBT rights, the events that took place on June 28, 2009, at the Rainbow Lounge, and requests for an independent investigation of those events: Mr. Tom Anable, representing Fairness Fort Worth, 4200 South Hulen, No. 603 Mr. Estrus Tucker, representing Fort Worth Human Relations Commission, 3304 Lake Como Drive Ms. Pamela Donnelly, 3221 Donnelly Circle, No. 1803 Mr. Frank Provasek, representing Tarrant County Lesbian-Gay Alliance, 10133 Lone Eagle Drive Mr. Mike McKay, representing Resource Center Dallas, 2701 Reagan Street Mr. Carl J. Stoneham, 753 Buffalo Springs Ms. Linda Hughes, 2301 Ridgmar Plaza, No. 10 Mr. Joey Daniel Retana, 4904 Lawther, River Oaks, Texas, 76114 Ms. Doreen M. Geiger, 6413 Chauncery Place Mr. Doyle Fine, 3559 Gordon Avenue Ms. Joyce Mitchell, 6154 Silverleaf Court Ms. Andrea Bennett, 239 Private Road 741, Mingus, Texas 76463 Mrs. Claudia Wilson, 2225 West Magnolia Ms. Lisa Thomas, representing Human Relations Commission, 2214 Fairmount Avenue Mr. Kevin Crook, 4141 Boulder Park Drive Ms. Jane Sheehan, representing Queer Nation San Francisco, San Francisco, California Mr. Todd Camp, representing Q Cinema Fort Worth Gay Film Festival, 9 Chase Court Ms. Sarah Bryant, 3108 South Adams Reverend Gina Kay Purcell, representing Agape Metropolitan Community Church, 4615 East California Parkway CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 17 of 40 (XVIII. CITIZEN PRESENTATIONS Item 2 Continued) Ms. Chris Voight, representing Tarrant County Stonewall Democrats, 2615 5th Avenue Mr. Kyle R. Trentham, representing Fairness Fort Worth, 2473 Ridgmar Plaza Mr. Elmer D. McMichael, 4904 Lawther Drive, River Oaks, Texas, 76114 Mr. Thomas Jennings, 225 Pemberton Street, White Settlement, Texas, 76108 Ms. Sarah L. Tucker, 3025 Mustang Drive, No. 139, Grapevine, Texas, 76051 The following individuals completed speaker cards requesting to address the Council and were recognized but were not present in the Council Chamber: Ms. Pamela Donnelly, 3221 Donnelly Circle, No. 1803 Mr. Blake Wilkinson, representing Queer Liberaction Mr. Mike McKay, representing Resource Center Dallas, 2701 Reagan Street, Dallas, Texas 75219 Mr. Daniel Cates, representing Queer Liberaction, 1700 Pennsylvania Mr. Joe Remsik, 1616 Vanderbilt Mr. Howard "Thomas" Rea Mr. Rick Vanderslice, representing Queer Liberaction of Dallas-Fort Worth, 2111 Hood Street The following individuals completed speaker cards in support of LGBT Community and an investigation into the events that took place on June 28, 2009, at the Rainbow Lounge: State Representative Lon Burnam, District 90, 2103 6th Avenue Mr. Robert I. Fernandez, 2305 Colonial Parkway Ms. Sharon Salih, 5051 Tierney Court South Mr. Thomas Corrigan, 3003 Van Horn Mr. David R. Pierce, 3105 Woodlark Drive Ms. Janet Pierce, 3105 Woodlark Drive Ms. Pam Karnes, 3301 Gay Avenue Mr. Keith A. Wolfe, 1000 West Belknap Street Mr. Joshua Anderson, 13238 Carthage Lane Ms. Cindy Schumacher, 6033 Lovell Ms. Susan Siegmund, 301 Commerce Street, Suite 2350 Ms. Alicia Miller, 1106 Pegasus Drive, Arlington, Texas 76013 Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Espino, Zimmerman, Jordan, Burdette, Hicks, and Burns expressed appreciation to all who attended the meeting and waited to deliver their comments to the Council. They stated that they support a complete and full investigation of the events that occurred at the Rainbow Lounge and wished for freedom and respect for all. They further stated that the citizens have their full commitment that this issue would be a priority and any wrong doing would be corrected. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 18 of 40 Mayor Moncrief recessed the meeting at 12:21 a.m. Mayor Moncrief reconvened the meeting at 12:31 a.m. and advised that the Council would proceed with the remaining agenda items starting with the resolutions, with Council Members Hicks and Bums temporarily absent. XII.RESOLUTIONS 1.A Resolution Appointing the oard of Trustees of the Fort Worth Local Deve t Comoration effective July 14, 2009, and with terms expiring July 1, 2011, as follows: Mike _ Crle� Sa S 1 , W.13. "Zim" Zimmerm Carter Burdette, Kathl en Hicks and Joel Burns. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Resolution No. 3757-07-2009 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Moss, Bums and Hicks absent. 2.A Resolution Atmointin2 the Board of Directors for the Fort Worth Housing Finance Corporation effective J e Moncrief, Salvador Espino, Dannv Scarth, Frank Moss, Jungus Jordan, Carter Burdette, Kathleen IficksW.13. "Zim" Zimmerman and Joel Burns. (Council Member Hicks returned to her place at the dais.) Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3758-07-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Bums absent. 3.A Resolution of the City Council of the City of Fort Worth, Texas, Appointing Reverend Wendell L. Cass of the Board of Directors of the Fort Worth Crime Control and Prevention District to Fill an Unexpired Terin effective June 23, 2009. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3759-07-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Bums absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 19 of 40 XV.REPORT OF THE CITY MANAGER B.General 1.M&C G-16622 - Adopt an Or inance Amending the Subdivision Ordinance 2f the Cityof Fort Worth, being Ordinance No. 17154,Codified as Chanter 31 of the Code of the City of Fort Subsection D, "Lot Tj es a esi2n" to Delete the Reference to Utilitv Easements; Artic e IV "Street Design Standards" to Revise Sections 1, 2 & 3 of Subsection D, Regarding Street/Block Length Design Standards; Article VI Local Residential Street Design Standards" to Add a New Subsection F, "Limite Section Reardin Paving Flare Outs; Article VIII, "Oil and Gas ines" to Reflect State and Federal_Pipeline Regulations- and Article IX "Oil and Gas Wells" to Revise Subsection A, to Eggai:re Plat Stateme from Gas Wells and to Delete Subsection B and C. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16622 be approved and Ordinance No. 18705-07-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Burns absent. 2.MSC G-16623 - Adonj.a Resolution Ratifying the Lawsuit Entitled City of Fort Worth and Dale Fisseler in His OffiLjL1_Capacitv as City Manager and as Officer for Public Information v. Greg Abbott, Attorney General of Texas, Cause No. D-1-GV-09-00978; Filed by the City Attorney on June 3, 2009, in the 20 th District Court of Travis County, Texas. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16623 be approved and Resolution No. 3760-07-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Burns absent. 3.M&C G-16624 - Ad rdinance Extending the Moratorium on the AKLOjance of Atmlications for Salt Water Dis osal Wells Pending Consideration of Revised Regulations Cardin Salt Water Disposal Wells in the Current Gas Drilling Ordinance of Chanter the City Code. (Council Member Burns returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 20 of 40 (G-16624 Continued) Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to this issue and provided handout information. He provided information related to salt water disposal wells and the potential negative affects on the environment and the citizens near the wells. He further requested that the M&C be continued. Mayor Pro tem Scarth advised that an information meeting held at the site would occur in the coming weeks or months with a detailed explanation of the salt water disposal well and invited Mr. Ashford to attend. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16624 be approved and Ordinance No. 18706-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 4.M&C G-16625 - Adopt a Resolution Authorizing the City Attorney to File a Lanl it Against Near Southeast Community Develoument Corporation for Breach of Contract. Motion: Council Member Jordan made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16625 be approved and Resolution No. 3761-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 5.MSC G-16626 - Adopt a Resolution Approving an Amended Budget for Fort Worth Public Improvem e t District No. 11_jStockvards PIPJ_jor Fiscal Year g — 2009; an Authorize t o City Manager to Execute an Amendment to the Management and Improvement Services A ree e t Between the Citv and St c yar s Preservation Foundation Fort WoELhInc., City Secretary Contract No. 37728, for Administrative Services Related to the Stockyards P Increasing the Management Fee Under Such Agreement by $5,650.00. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16626 be approved and Resolution No. 3762-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 21 of 40 6.M&C G-16627 - Adopt a Supplemental Appropria ion Ordinance Increasing Estim ate d Receipts and Appropriations in the Red Light Enforcement Program Fund in the Amount of $221,134.27, from Available Funds, for the PurDose of Funding Traffic Safetv Fund Proiects. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16627 be approved and Supplemental Appropriation Ordinance No. 18707-07-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 7.MSC G-16628 - Authorize the City Manager to Distribute $15,5 5.09 to the United Way of Metropolitan Tarrant Count3: fro Received Sponsorship unds in the Special Tr st Fund for the Purt)ose of Conducting the FitFuture KIDS Fest Event in 2009. Council Member Hicks advised that she would abstain from voting on this item due to her business relationship with United Way. Motion: Council Member Burdette made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. G-16628 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Moss absent and one (1) abstention by Mayor Pro tem Hicks. 8.MSC G-16629 - Adot)t the Pror)osed Amendment to the Master Thoroughfare Plan, MT-09- t rdinate Master Thoroughfare Plan Alignments with ConctnLflans for Walsh Ranch and Dean Ranch to Realign a Se2ment of the Future Outer Loon; Reclassify that Segment of the Future Outer Loop t Future Minor Arterial; Exte d Future Walsh Ranch Parkway to the Realigned Outer Loot)[Princit)al Arterial; and Establish a New Minor Arterial (PUBLIC HE Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Mr. Jim Walker, Assistant Director, Transportation and Public Works Department, appeared before Council and provided a staff report. b.Citizen Presentations Mayor Moncrief advised that Mr. Barry Hudson, 1501 Merrimac Circle, Suite 100, completed a speaker card in support of Mayor and Council Communication G-16629, but was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 22 of 40 (G-16629 Continued) 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. G-16629 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 9.MSC G-16630 - Conduct a Public Hearing, as Required by Law, Regarding the Progosed Fiscal Year 2010 Crime Control and Prevention District Budget Totaling $50,625,926.00; and Close the Public Hearing and Armrove the Fiscal Year 2010 Crime Control and Prevention District Bu4.gct. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Monique Lee, Senior Administrative Services Manager, Police Department, appeared before Council and provided a staff report. b.Citizen Presentations Mayor Moncrief advised that Ms. Becky Britton, 6614 Sabrosa Court East, completed a speaker card in opposition to Mayor and Council Communication G-16630, but was not present in the Council Chamber. c.Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-16630 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 23 of 40 C.Purchase of Equipment, Materials, and Services 1.MSC P-10999 - Authorize a Purchase Agreement for Auction Services with Lone Star Auctioneers, Inc., for recked and Abandoned Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P-10999 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 2.MSC P-11000 - Adout an ADDroDriation Ordinance Increasing Estimated Receiuts and Appropria ions in the Water and Sewer Fund in the Amount of $276 945.00 from Available Funds, for the Purpo e of Purchasing a Truck and a Sewer Vacuum Unit for the Water RgRAEjMgfljLjR4_Aj1Lhorize the Purchase of an International 18 7500 Truck from Santex Truck Center and a GauVax Sewer Vacuum Unit from GauVaxInc. Using Houston-Galveston Area Council Cooperative C ntract Nos. HTIIm and SC01-06. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-11000 be approved and Appropriation Ordinance No. 18708-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 3.MSC P-11001 - Authorize a Purchase Agreement for Veterinary Surmlies and Pharmaceuticals with Butler Animal Health Suppl3:, LLC, r the Code Compli nce Department,Animal C ntrol Division, for an Annual Amount Up to $146,000.00. Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. P-11001 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 4.MSC P-11002 -Authorize a Purchase Agreement with Municir)al Water Works for Brass and Ductile IroR±jjjjRgLLorte Water Dep art men for an Annual Amount Up to $328 1 . , 62.00 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. P-11002 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 5.MSC P-11003 - Authorize the City Manager to Authorize a Purchase Agreement with General Chemical Performance Products LLC for Liguid Ferric Sulfate for the Water Department for an Amount Up to $2,500,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 24 of 40 (P-11003 Continued) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. P-11003 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 6.MSC P-11004 - Authorize a Purchase Agreement with the Fort Worth Star-Telegram for the Publication of Official Citv Notices for an Amount up to $170,140. 0 and Recognize the Fort Worth Star-Telegram as the City of Fort Worth Official Newspaper. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-11004 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 7.MSC P-11005 - Authorize a Sole Source Purchase_Agreement with Walker Process Equiment for Clarifier Drive Unit, Parts and Repair Service for the Water Department for an Annual Amount up to $100,000.00. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P-11005 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. D.Land 1.M&C L-14796 - Conduct a Public Hearing Under t e Guidelines Set Forth bj the Te as 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 Svc amore Creek Golf Course; Fi d that the Proposed Gas Pipeline Includes all Reasonable Planning to Minimize Harm to the Parkland and Including that the Pipeline Will be Constructed ig_Sycamore Creek Golf Course as Specified; Close the Public Hearing and Authorize the City Manager to Convert Approxim ate ll .056 Acre of Dedicated Parkland for the Installation of a 24- Inch Gas Pipeline, Located at 401 Martin Luther King Jr. Freewav, East of Martin Luther Kin Jr. Freewallad Sjcamore Circle,North Boulevard West of Ernest Street South of of Union Pacific Railroad; and Authorize the Execution of a License Agreement with Texas Midstream Gas Services, LLC, in he Amount oL52,,5 5. 2 ( ' ti e rom June Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 25 of 40 (L-14796 Continued) a.BgR2Lt of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations c.Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the public hearing be closed and Mayor and Council Communication No. L-14796 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 2.MSC L-14801 - Authorize the City Manager to Amend the Purchase Agreement, City Secretary Contract No. 35571 a Purchase A ree e t to Sell Citv-Owned r erty in the Evans and Rosedale Proiect Area and Amendments to Mayor and Council Communication Nos. L- 3 and 7 with Cypress _E_quities_l, LP, to xte the Purchase Agreement a Additional 12 Months; and Execut ss Eguities 1, LP, and ecord the Deed if er s of the Option Agreement as Amended are Satisfied. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-14801 be approved with appreciation to staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 3. 2 - Declare the NecEMjjL_2f Taking an terest in s Portion of Land Known as Block 2, Lots 15 and 16, Rolling Hills Addition, Tarrant County, Texas, Owned by Lynda I�. Alford a i and ere Tar)lin that is Required for te Construction of a Water, Sewer a nd Fria a Facility; and Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Interest in the Land. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L-14802 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 26 of 40 4.M&C L-14803 - Declare the Necessity of Taking an I terest in a Portion of Land Known as Lot 9, Block 29, Southland Subdivision, Tarrant County, Texas, Also Known as 932 East Davis Avenue Owned bv Exis De2rate that is Reauired for the Construction of Storm Drain Improvements as Part of the East Davis Storm Drain System Im rovement PE2jgqRue to Staff's Inability to Lo to and Contact the Land Owner; and A h rize the City Attornel to Institute Condemnation Proceedings to Acquire the Interest of the Land. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L-14803 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 5.MSC L-14804 - Declare the Necessity of Condemnation for Right-of Way Easements from Elizabeth and Lee Oberian Located at 1309 Judd Street,Described as Lot 4,Block 37., R _ Aan Southeast Addition and 1316 Colvin Avenue,_Described_as Lot_6,Block 32, Ryan Southeast Addition, arrant Coufly, Texas Both Located in Southeast Fort Worth for the Wideni Morningside Drive.,Due to Staffs Inability to Locate and Contact Land Owners; and Authorize the City Attorney to In titute Condemnation Proceedings to Ac ire t e Interests in the Land. Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L-14804 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. F.Award of Contract 1.M&C C-23639 - Authorize the Transfer S , 44.00 from the Storm Water ti i Ot)eratin2 Fund to the Storm Water Cat)ital Proiects Fund; Ador)t an Atmrot)riation Ordinance jfliEgAjjU,Estim ate d Receipts and Appropri tions in the Storm WajgL C _ Lapital ProJects Fund from Available Funds, for the PurpaEt of Funding Additional Project Delivery Support Services for Integrated Program Manage ent Phase 2; and Ant orize the City a a er xecute Amendment No. I in the Amount of $461,644.00 to City Secretary Contract No. 37883,,,.,,., Professional Services Agreement with CH2MHi11 for additional Project Delivery Supp rt Services for Integrated Program MAnggEMjgL_Phase_2,jLherebv Revising the Contract Amount to $4,782,6 Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23639 be approved and Appropriation Ordinance No. 18709-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 27 of 40 2.M&C C-23640 - Aujh2 Liza_ARRjjiajj2!L or and Acceptance of a Economic Deve t Initiative Special Project Grant in the Amount of $285,000.00 from the United States Department of Housing and Urban Development (HUD) for the Trinitv River Vision Central City Project; Authorize the City Manager to Execute a Grant Agreement with HUD Upon Award of the Grant; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Annronriations in the Grants Fund Upon Receipt of an Economic Development Initiative Spec'ial Project Grant from HUD, for the Purpose of_Fundingr the Trinity River Vision Urban Waterfront Proiect; and Authorize the City Manager to xecu tea n ter ca Agreement wi It the Tarrant Regional Water District, as the Sub-Grantee, in an Amount Not to Exceed $285,000.00, Contingent Upon Receipt of the Grant. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23640 be approved and Appropriation Ordinance No. 18710-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 3.MSC C-23641 - Authorize the_City_Manager_Lo Execute a Standard Encroachment A Lee ment with XTO Ener2v for the Installation of UndeLgEaund Fiber Optic Cables Beneath the Eighth Street Right-of Way to Extend Services from pinyon O'Keefe Building Located at 800 Calhoun Street to the Currently Vacant Lot Located at 901 Commerce Street, Planned to be Developed into a Structured Parking Garage with a Few Levels of Office Mayor Pro tem Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23641 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Moss absent and one (1) abstention by Mayor Pro tem Scarth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 28 of 40 4.M&C C-23642 -Authorize a Substantial Amendment to the City's 2002, 2003 a nd 2006 Action Plans; Ap rove a Change in Use and Expenditure of $800,000.00 in Reprograiximed HOME Investment PartnershiD Grant Funds to Heritage Park ista Housing Partners, Ltd., in the Form of an Interim Subordinate Construction Loan for the Construction of the Heritage ark Vista Apa tments Located at 8500 Raj White Road; Authorize the_Ci�tMa�naer, ®r His Desi2nee, to Execute a Contract with Herita2e Park Vista Housin2 Partners, Ltd., for the Loan that Conditions FundiggAmony Completion f the HOME ,Other Things, Upon Satisfactory Requirements; Authorize the Citv Manager, or His Designee, to Execute a Conditional Commitment with Herica gLPark Vista Housing Partners, Ltd., for the Project with a Two Year Term Be2innin2 on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Exten or Renew the Conditional Commitment or the Contract for up to Six (6) Months if Heritage Park Vista Housing an Extension and such Extension is Necessarl for Compi tion of the Project; an Authorize the Ci!Y Manager, or is Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided that the Amendment is within the Scone_of the Project and in Compliance with all Annficable Laws and Regulations Governing the Use of Federal Grant Funds. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23642 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 5.MSC C-23643 - Authorize the City Manager to Execute an Amendment to the Tax Abatement Amement with Bank QgEa.A.,Citj Secretary Contract No. 28320. Motion: On behalf of Council Member Moss, Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23643 be continued until the July 21, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 29 of 40 6.M&C C-23644 - Authorize the City Manager to o for and Accept, if Awarded, a Grant f up to $3,070,000.00 from the United States Department of Housing and Urban Development (HUDI for Lead-Based Paint Hazard Control to be Entitled Area Lead, Education, Redu tion and Training Programs with an "in-Kind" Match of a Least 10 Percent; Approve the Use of un to $307,000.0 from the City of Fort Worth General Fund as the City's Matching Fund Portion for the Grant; Adopt an Appropriation Ordinance In cre si stimated Recei- is and Appropriations in the Grants Fund in the Amount of $3,377,000.00, Unon Receipt of a Grant from HUD for the PuEg2je of Funding the Lead-Based Paint Hazards Control Grant Program; Certify th at the Activities to be Funded with the Grant are Consistent with the Consolidated Plan; an Authorize the Citv Manager, or His Designee, to Enter into Agreements or Amend or Extend Su c A ree e with the Tarrant County Pu fic Health RgR art ment, the Fort Worth Housing Authority, Area Non-Profit Organizations and Other Entities as May be Necessary and Appropriate within the Scope of the Progra and in Compliance with Applicab e Laws and Re2ulations. Ms. Lena Ellis, Director and Chief Financial Officer, Finance Department, appeared before Council and clarified the amendments to the M&C would include moving the account line item information from the "From" area to the "To" area. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23644 be approved as amended and Appropriation Ordinance No. 18711-07-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 7.MSC C-23645 - Authorize the City Manager to Annly for and Accept, if Awarded, a Grant for an Amount up to $3,000,000. 0 from the United States Housing and Urban Development L!I!L]2} for the Lead Hazard Reduction Demonstration Grant to be Entitled Area L Education -Kind" Match of at Least 10 Pe ,Reduction and Training Program with an "in Approve the Use of up to $300,000.00 from the City of Fort Worth's General Fund, Community Develoment Block rata Texas Der)art ment of Housin2 and Communitv Affairs Grant Funds as the City's Matching Fund Portion for the Area Lead, Education, R duction and Training Programs Grant; Adopt an Appropriation Ordinance Increasing Estimated Receipts And A ro riations in the Grant Fund in the Amount of $3,300,000.00, Subject to Receipt of pL_.R_ Grant for Area Lead Education Reduction and Training PragLam (ALERT); Certify t at the Activities to be Funded with the Grant are Consistent with the Cijj:§ Consolidated Plan; and Authorize the LCity Manager, or His Designee, to Enter into Agreements, Amlend or Extend Such Agreement with the Tarrant County Pubi is Health DER art MIRL t o rt Worth Ho si Authority, Area Non-Profit Organizations and Other Entities as May be Necessary and Appropria e within the Scope of the Progra and in Compliance with Applica le Laws and Regulations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 30 of 40 (C-23645 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. C-23645 be approved and Appropriation Ordinance No. 18712-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 8.M&C C-23646 - Find that the Fort Worth Villas, L.P., has Failed to Meet Certain Commitments Made in its Tax Abatement Agreement with the City of Fort Worth, City Secretary Contract No. 23830; An horite a Reduction in the Percentage ax Abatement Granted Under the Agreement from 75 Percent to 72.2 Percent for the 2009 Tax Year; and Direct the City Manager to Notify Tarrant Appraisal Dist ict of Such Reduction. Motion: On behalf of Council Member Moss, Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23646 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 9.MSC C-23647 - Authorize the Transfer of$102,900.00 from the Water and Sewer Operating Fund to the Water C 640.00 and Sewer C Lapital Pro*ects Fund in the Amount of $73, its J_ Proiects Fund in the Amount of $29,260.00- Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropr ati in the Water C LaDital Pro*ects Fund and the Sewer Capital Projects Fund, from Available Funds, the Purpose of Funding Pavement Reconstruction and Water and Sanitarl Se er Mai a ace a is rtions of Northwest 16th Street,Northwest 22nd Street, Belmont Avenue, Odd Street, Gould Avenue and Highland Avenue (Project Number 2A-01320); and Authorize the City Manager t Execute an Engineering Agreement with Stream Water Group, Inc., in the Amount of$215,053.00. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23647 be approved and Appropriation Ordinance No. 18713-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 10.MSC C-23648 - Authorize the Transfer of$80,896.00 from the Water and Sewer Operatin Fund to the Water C 366.00 and Sewer C Lapital Pro*ects Fund in the Amount of $63, its J_ Projects Fund in the Amount of $17,530.00- Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropri tions in the Water Capit r jects and in the Sewer Capital Projects Fund, from Available Funds,_for the_Purpose of Funding Pavement Reconstruction and Water and Sanitary Se wer Main Repl ace me t on Be ll Street, B is Street, Flint Street, Wayside Avenue and Willing Avenue (Project Number 9D-01321); and Authorize the City Manager to Execute an ERgjflggLjflj_AgMment with Dannenbaum En2ineerin2 Corr)oration in the Amount of$18 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 31 of 40 (C-23648 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23648 be approved and Appropriation Ordinance No. 18714-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 11.MSC C-23649 - Authorize the Transfer of$25,133.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; Adopt an Appropria ion Ordinance Increas Estimated Receiuts and ADDroDriations in the Water Car)ital Proiects Fund, from Available EHgds,for the PurRose of Funding Pavement Reconstruction and Water Main Replacements on Portions of Northwest 22nd Street and Northwest 23rd Street Proiect Number ±9189 - and Authorize the City Manager to Execute Change Order N®. I in the Amount of $114,315.65 to City Secretary Contract No. 35376 with McClendon Construction Comr)anL_Inc., There b3: Eglijing.Lhe to Cost to $1 118 638.30. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23649 be approved and Appropriation Ordinance No. 18715-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 12.MSC C-23650 - Ador)t a Surmlemental ADDroDriation Ordinance Increasing Estimated Receipts and Appropriations in the Crime Control and Prevention District Fund in the Amount of ,3 $9 00 000.00 and Decreasing the Unreserved Undesignated Fund Balance by the Same Amount, for the Purp se of Transferring Sai Funds to t e S ecia y Funded CAnjjaLkL2'acts Fund to Renovate the Police Crime Laboratory and Property/Evidence Facility Located at 3616 East Lancaster; Authorize the City Manager to Transfer the Funds from the Crime Control and Prevention District Fund to the Suecialiv Funded Capital Proiects Fund,_Adopt an Appropriation Ordinance Increasi Estimated ReCelr3tS and Ar3r3r®r3rlatl®nS In the Sr3eClally Funded Car)ital Proiects Fund from Available Funds, for the Purpose of Renovating the Police Crime Laborat orya nd Report/Evi ence Facifitj; and Ant orite the Ciy Nana er to Execute a Contract with Ratcliff Constructors, LP, in the Amount of$5,353,000. 0. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23650 be approved and Supplemental Appropriation Ordinance No. 18716-07-2009 and Appropriation Ordinance No. 18717- 07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 32 of 40 (C-23650 Continued) Mayor Moncrief recognized that Mr. Don Boren, 1755 Martel Avenue, who completed a speaker card in support of Mayor and Council Communication C-23650, but was not present in the Council Chamber. 13.M&C C-23651 - Authorize the Cill Manager to xecute a Contract with McClendon Construction Comr)anv, Inc., in the Amount of $832,409.00 for 160 Calendar Days for 2 a7 Critical Capita r 'ect at 13 Locations. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23651 be approved with appreciation to staff. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 14.M&C C-23652 - Authorize the City Mana2er to Execute a Contract with McClendon Construction Company, Inc., in the Amount of $549,977.50 for 80 Working Days f�or2Oa7 Critical Cauital Proiect for to Reconstruction of Premature Failed Streets at Three L 3) Locations, Two (2) of which are Located on Alta Vista Road and One (1) on Confidence Drive. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23652 be approved with appreciation to the Transportation and Public Works Department. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 15.M&C C-23653 - Authorize the City Manager to Execute a Contract with McClendon Construction C 930.00 for 150 Working Days for _Company, Inc., the Amount of $738, Ljfl Reconstruction of Premature Failed Streets at Seven (7) Locations. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23653 be approved with appreciation to the Transportation and Public Works Department. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 16.MSC C-23654 - Authorize the City Manager to Execute a Work Order in the Amount of $72,826.24 with Job Order Contractor Yera n Construction Company — The Mark IV Construction Group, for Electrical Conduit Work at the Guinn Elementary School. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 33 of 40 (C-23654 Continued) Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23654 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 17.M&C C-23655 - Authorize the City Manager to Execute a Contract with JLB Contra LLC, in the Amount of $902,834.50 for 150 Working_Days for Hot Mix Asphaltic Concrete Surface Overlay 2 -7 at 32 Locations. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23655 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 18.M&C C-23656 - Authorize the City Manager to Execute a Contract with Advanced Paving Accluisition, Ltd., in t e Amount of $953 193.20 for 210 Calendar Days for Hot Mix Asphaltic Concrete Surface Overlay 2009-9 at 17 Locations. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23656 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 19.M&C C-23657 - Authorize the City Manager to Execute a Contract with Cutler Repaving, Inc.,in the Amount of $2,742,700. 0 for 90 Working Days for Hot Mix Asphaltic Concrete Hot In-Place Recycling at 28 Locations, Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23657 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 20.MSC C-23658 - Authorize the ent in the Amount of$216,7 1.00 with Dannenbaum Engineering Corporation for the Design of Ray White Road from North Tarrant PaLkway to Shiver Road. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23658 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 34 of 40 21.M&C C-23659 - Adopt a Supplemental Appropria ion Ordinance Increasing Estim ate d Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $421,000.00 and Decreasin2 the Unaudited, Unreserved, es ate Fund Balance bv the Same Amon rte Purpose of Replacing the G ound Floor Concourse Carpet in t e Fort Worth Convention Center; and Authorize IhLC ]tj Mana er to Execute a Work Order with Job Order Contract g_ Yeargan onstruction Companv — The Mark IV Construction Group i t he Amount of $390,889.75, Plus $30,110.25 in Contin envy. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23659 be approved and Supplemental Appropriation Ordinance No. 18718-07-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. 22.MSC C-23660 - Authorize the Citv Manner to Execute the Texas Commission on Environm eta l_Qualit State Funded Grant Agreeme t with the Texas Commission on L_ Environmental QualitL_for_Compliance Monitoring Strate2v for the Air and/or Stage 11 Programs with a Maximum Amount of$278,0 3.00 for the Period Beginning September 1, 2009, and Endin2 August 31, 2010,with the Option to Renew the Agreement for Three (3) Additional One_(1}Year Periods Upon Written Consent of the Parties by an Amendment to this Agreement; Authorize a Non-Interest Be in2 Interfund Loan from the Environmental 0t)eratin2 Fund to the Grant Fund in the Amount of $69,503. 0 for Interim Financing for this Grant, Pending Contract Execution, to Secure Program Continuation from One (1) Grant Funding Period to the Next; Authorize the Use of $136,932.00 from the General Fund as an in-Kind Match for this Amendment LAuthorize the Department of Environmental Management to Perform the Services as Specified in the Contract; Adopt an Appro riation Ordinance Increasing Estimated Receipts and ADDror)riations in the Grants Fund in the Amount of$414,945.00, Subiect to Receipt of an Executed State Funded Grant Agreement with the Texas Commission on Environmental Quality, for the Purpose of Funding Fiscal Year 2009-2010 Compliance Monitor Strate2v for the Air Quality Programs; and Apply Indirect Cost at the Rate of 21.48 Percent in Accordance with the Terms of the State Funded Grant Agreement. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23660 be approved and Appropriation Ordinance No. 18719-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 23.MSC C-23661 - Authorize the City Manager to Execute an Engineering Agreement with Deltatek Engineering in the Amount of$158,35 .00 for the 9.2 Million Gallon Alta Mesa Ground Storage Located at 4328 Alta Mesa Boulevard and 1.5 Million Gallon Eastwood Elevated Tank Rehabilitation Located at 4625 Stron2 Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 35 of 40 (C-23661 Continued) Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23661 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Moss absent. XVI.PUBLIC HEARING First Public Hearing for a Proposed Citl-Initiated Annexation of Atmroxim ate lv 51.3 Acres of Land in Tarrant Counly, Lo to South of Avondale-Haslet Road and West of Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjbLaLaff Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council, presented a staff report and advised that the second public hearing would be held on July 21, 2009. b.Citizen Comments There were no citizen comments. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. XVII.ZONING HEARING It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on June 25, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1.L2fljRg_Raket No. ZC-09-021 - Basswood Development LTD, 7301 orth Freew from "I" Li2ht Industrial to "C" Medium Densitv Multi-Familv (Continued from Mav 5, 2009) (Recommended for Denial). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 36 of 40 (ZC-09-021 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-021 be continued until the August 4, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 2.Zoning Do ket No. ZC-09-027 - City of F rt Worth flanning and Development: Text Amendment: Conservation Overlay Districts- An Ordinance Amending the Zoning Ordinan e of the Citv of Fort Worth, being Ordinance No. 13896, as Amended Codified as Aupendix "A" of the Code of the Cily o Fort Wort Commission" of Chatter 2, "Review Bodies", to amend the duties of the Urban Design Commission and revise subsections "E" and "F" related to Conservation Districts; to change the refer nces to eSl Districts" and delete Mixed Use Growth Centers and Urban Villages; Section 4.100 "Districts Established" to add Design Overlay Districts to Subsection "A", "Special Purpose Districts"; Amend in its entirety Article 4 "Conservation ("CRLLOverlav Districts" (Recommended for Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-027 be continued until the September 22, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 3.Zoniny,,Docket No. ZC-09-030 - Marvin Leonard Family Trust, 2350 Lands End Boulevard.; from "FR" General Commercial Restricted to "MU-1" Low Intensitj Mixe Use (Recommended for Au Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-030 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Mayor Moncrief advised that Mr. John H. Maddux, 2120 Ridgmar Boulevard, No. 14, completed a speaker card in support of Zoning Docket No. ZC-09-030, but was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 37 of 40 4.Zoning Doc et No. ZC-09-056 - City of Fort Worth Planning & Development, 250 3 and 2505 NW 20th Street; from '13" Two-Family to "A-5`° One-Family (Recommended for Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-056 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 5.Zoning Docket No. ZC-09-057A - City of Fort Worth P1Aggjgg & Development; Hemphill Corridor Phase 3, 421 & 4221 Hemphill Strut from "E" _Neighborhood Commercial and "F" General Commercial to "FR" General Commercial Restricted (Continued from June 2 2009) (Recommended for Denial without Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-057A be approved for "FR" General Commercial Restricted zoning only. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Mayor Moncrief advised that the following individuals completed speaker cards in support of Zoning Docket No. ZC-09-057A, but were not present in the Council Chamber: Ms. Vicki Bargas, 301 East Drew Street Mr. Jerry Bodiford, 3816 Tulsa Way Mr. Daniel Hernandez, 800 West Weatherford Street 6.Zoning Docket No. ZC-09-060 - R. J. Sikes, 309 W. Oleander, 1201,_1205,1209 May Street & 1221 S. Jennin2s; from PP PP Near Southside-Gen era l Urban Ne ho d to S® 5" Near Southside-Urban Center (R commended for Approval L Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-060 be continued until the August 11, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 7.Zoniny Docket No. ZC-09-061 - Citv of Fort Worth Pla gg & Development, 1989 Colonial Parkway; from "A-5" One-Family and "A-5/DD" One-Family/Demolition Delay to "A-5/11C" One-Family/Historic Cultural Overlav (Recommended for Approval). Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-061 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 38 of 40 8.Zoning Do ket No. ZC-09-063 - Cily of Fo t Worth Avenue; fr m "B" TwolFamily to "A-5" One-Famill (Re omme d for Approval). Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-09-063 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 9.Zoning Docket No. ZC-09-064 - City of Fort Worth Planning & Developp►Eflt 2817 NW. 17th Street; from "B" Two-Family to " -5" One-Family ( ec ended for Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-064 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 10.Zoning Docket No. ZC-09-065 -_City of Fort Worth Planning & Development, 3400 Littlejohn Avenue; r om "E" Neighborhood Commercial to "A-5" One-Familv (Recommended for Motion: On behalf of Council Member Moss, Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-065 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. Mayor Moncrief advised that since Zoning Docket Nos. ZC-09-066, ZC-09-067, ZC-09-068 and ZC- 09-069 were City-initiated zoning cases for surplus properties, they would be considered by one motion. 11.Zoning_Docket No. ZC-09-066 - City of Fort Worth Planning & Development,3404 Avenue G; from " " Two-Familv to "A-5" One-Family_iRecommended for Approvall 12.Zoning Docket No. ZC-09-067 - City of Fort Worth Planning & Develo Shaw Street; from "B" Two-Family to " -5" One-Family ( ec ended for 13.Zoning Docket No. ZC-09-068 - City of Fort Worth Planning & Development, 1207 NW. 15th Street; from "B" Two-Famil -5" One-Fami1v (Recommended for AMprovall 14.Zoning Docket No. ZC-09-069 - City of Fort Worth Planning & Development, 4412, 4416, 4420 Conway Street, 4 17 Goddard Street, 30 3 and 307 Haltom Road; from "B" Two-Famil to "A-5" One-Fami1v (Recommended for Atmroval). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 14, 2009 PAGE 39 of 40 (ZC-09-066, ZC-09-067,ZC-09-068 and ZC-09-069 Continued) Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Zoning Docket Nos. ZC-09-066, ZC-09-067, ZC-09-068 and ZC-09-069 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by Council Member Burns, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18720-07-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. XVIII.CITIZEN PRESENTATIONS 1.Mr. Joe Don Brandon, x 1155, "Fort Worth Da Labor a " Mayor Moncrief advised that Mr. Joe Don Brandon was not present in the Council Chamber. Mayor Moncrief also recognized the following citizens that completed citizen presentation cards related to V.I.P. Starz Hall, but were not present in the Council Chamber: Mr. Shamon Studmire, 1914 East Vickery Boulevard Mr. Tony Banks, 1914 East Vickery Boulevard Mr. Fredrick D. Henry, 1914 East Vickery Boulevard CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 141) 2009 PAGE 40 of 40 XX.ADJOURNMENT There being no further business, the meeting was adjourned at 1:13 a.m. in memory of Mr. Rodney Wood, IT Solutions Programmer; Mr. Jimmy Silcox,brother of former Council Member Chuck Silcox; and Mr. Brett Johnson, Channel 5 News Reporter, all who passed recently. These minutes approved by the Fort Worth City Council on the 21 st day of July, 2009. Attest: Approved: I Marty ndrix Michael J. M crief City Secretary Mayor