Loading...
HomeMy WebLinkAbout2009/08/25-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Absent Council Member Joel Burns, District 9 Staff Present Karen Montgomery, Assistant 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 10:17 a.m. on Tuesday, August 25, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns absent. II.INVOCATION- Jennifer Reimer, Baha'i Faith Church The invocation was provided by Jennifer Reimer, Baha'i Faith Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 18 2009 Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the minutes of the regular meeting of August 18, 2009, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 2 of 23 V. SPECIAL PRESENTATIONS, , There were no special presentations, introductions, etc. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Council Member Burdette announced that traffic is being re-routed around the West Lancaster Avenue Bridge over the West Fork of the Trinity River, which would be closed August 26, 2009, through November 23, 2009, for repairs. He stated that the structure was safe, but to maintain the safety of the bridge, rehabilitation and repair work were needed. He encouraged residents to seek alternate routes while the bridge was under construction. Council Member Hicks announced the District 8 Quarterly Advisory Board Meeting would be held on August 27, 2009, and stated Budget Manager Horatio Porter would give a presentation on the proposed budget and the impacts that the budget reductions will have on District 8 and the City as a whole. She also announced that on August 28, 2009, members of the Poly Community were invited to sit for a photographic portrait that may become part of the artwork for the new Nashville Police Station. She stated that the photo session would be from 1:00 p.m. to 7:00 p.m. at the Sycamore Community Center, located at 2525 East Rosedale Street, and would be conducted by Boston Artist Ralph Helmick and Fort Worth Public Art (FWPA) staff. She further stated that the artist will take photographs of individuals of all ages and that the backlit profile photographs were being gathered for use in Blue Lines, a sculpture commissioned by FWPA for the new Nashville Neighborhood Policing District No. 6 and Traffic Division Facility. She advised that no appointment was necessary, participation was free and all participants must sign a photo release; and minors must have a parent or guardian sign for them. She also advised that her dear friend and mentor and former Mayor Pro tem Ralph McCloud's mother, Ms. Bessie McCloud, passed away and requested that the meeting be adjourned in her memory. Council Member Moss expressed appreciation to Mr. Jim Austin and the Cowboys of Color and stated the Fort Worth Music Festival was an outstanding well attended event and advised that the venue would be excellent for future events. Council Member Burdette advised that a Police Forum would be held at 7:00 p.m. on August 25, 2009, at the Darnell Street Auditorium, located at 3233 Darnell Street, across from the Kimball Art Museum. Mayor Moncrief advised that former Council Member District 3 Jim Bradshaw was gravely ill and requested the Council meeting be adjourned in his and his family's honor. 2.Recognition of Citizens There were no citizens recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 3 of 23 VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi on Boards and Commissions Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Dr. Edith Jones be reappointed to Place 6 on the Historic and Cultural Landmark Commission effective August 25, 2009, and with a term expiring October 1, 2010. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Bums absent. X.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. XI.RESOLUTIONS 1.A Resolution Designating the irst MondaL_2f Each Se tember of Each Year as Labor Dav/Ser)tember 11 Remembrance Day Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Resolution No. 3780-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 2.A Resolution Appointing Meriabers to the Board of Directors of the Area Metropolitan Ambulance ARIkorit d/b/a MedStar y Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Resolution No. 3781-08-2009 be adopted as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 4 of 23 XII.ORDINANCES 1. r - it Suppleme tal Concurrent Bond Ordinance Authorizing Dallas/F rt Worth International Airport Joint Revenue Refunding es; Providing the Securit3: Therefore- Providipg_for the Sale, Executi n and Deliverl There f Subiect to Certain Parameters,and Providing Other Terms, Provisions and Covenants with EgWLct Thereto Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Ordinance No. 18764-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 2.Forty-Fourth Supplemental Concurrent Bond Ordinance Authorizing Dallas/Fort Worth International Air t Joint Revenue Refunding Bonds, Series 2009B,for Lawful Purposes; Providing the Securit3: Therefore- Providipg_for the Sale, Executi n and Deliverl There f Subiect to Certain Parameters; Providing Other Terms, Provisions and Covenants with EgWLct Thereto Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Ordinance No. 18765-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. XIII. CONSENT AGENDA Motion: Council Member Moss made a motion, seconded by Council Member Espino, that the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. A.General - Consent Items 1.M&C G-16667 - Authorizing the City Manager to Accept an Additional $426.00 for the Fiscal Year 2009 Emergency Management Preparedness Grant Award from the Texas Governor's Division of Emergency Management, for a Total Grant Award of$144,426.00 to Fund the City's Emergency Management Office; Executing a Grant Contract with the Texas Governor's Division of Emergency Management for the Total Amount of the Award; and Adopting Appropriation Ordinance No. 18766-08-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $426.00, Upon Receipt of a Grant from the Texas Governor's Division of Emergency Management for the Purpose of Funding the City's Emergency Management Efforts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 5 of 23 (XIII. CONSENT AGENDA Continued) 2.M&C G-16668 - Considering and Adopt the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of One (1) Limousine Upon the City Streets, Alleys and Thoroughfares; Angmar Entertainment, Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City; Angmar Entertainment, Inc., has Complied with the Requirements of Chapter 34 of the City Code; Angmar Entertainment, Inc., Presented Facts in Support of Compelling Demand and Necessity for One (1) Limousine; The General Welfare of the Citizens of the City will Best be Served by the Addition of One (1) Limousine Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18767-08-2009 Granting the Privilege of Operating Authority to Angmar Entertainment, Inc., for the Use of the Streets, Alleys and Public Thoroughfares of the City in Conduct of its Limousine Business, Which Shall Consist of the Operation of One (1) Limousine, 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 Angmar Entertainment, Inc. 3.M&C G-16669 - Authorizing Payment to Highway 80 Capital, L.P., in the Amount of $45,767.34 for the 2008 True Operating Escalation Costs and the 2009 Estimated Operating Escalation Costs Through May 2009 for the Lease of Office Space for the Transportation and Public Works Department, Infrastructure, Design and Construction Division Located at 8851 Camp Bowie West Boulevard; and Authorizing Payment of Future Operating Expenses, Subject to Annual Appropriation by City Council. 4.M&C G-16670 - Considering and Adopt the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Twenty-Five (25) Limousines Upon the City Streets, Alleys and Thoroughfares; Simon's Executive Car Service, Inc., is Qualified and Financially Able to Conduct a Limousine Service Within the City; Simon's Executive Car Service, Inc., has Complied with the Requirements of Chapter 34 of the City Code; Simon's Executive Car Service, Inc., Presented Facts in Support of Compelling Demand and Necessity for Twenty-Five (25) Limousines; The General Welfare of the Citizens of the City will Best be Served by the Addition of Twenty-Five (25) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18768-08-2009 Granting the Privilege of Operating Authority to Simon's Executive Car Service, Inc., for the Use of the Streets, Alleys and Public Thoroughfares of the City in Conduct of its Limousine Business, Which Shall Consist of the Operation of Twenty-Five (25) 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 Simon's Executive Car Service, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 6 of 23 (XIII. CONSENT AGENDA Continued) 5.M&C G-16671 - Authorizing the City Manager to Authorize the Acceptance of a Routine Airport Maintenance Project Grant, if Offered, for Fort Worth Meacham International Airport from the Texas Department of Transportation, Aviation Division, in an Amount Up to $50,000.00; Adopting Appropriation Ordinance No. 18769-08-2009 Increasing Estimated Receipts and Appropriations in the Aviation Improvements Capital Projects Fund, Subject to Receipt of a Grant; Authorizing the Transfer from the Aviation Improvements Capital Projects Fund to the Airports Grant Fund for the City's Match; and Adopting Appropriation Ordinance No. 18770-08-2009 Increasing Estimated Receipts and Appropriations in the Airport Grants Fund, Subject to Receipt of a Grant. E.Award of Contract- Consent Items 1.M&C C-23739 - Authorizing the City Manager to Execute a Standard Encroachment Agreement with Texas Wesleyan University Authorizing User of the Wesleyan Street and Binkley Street Right-of-Way for the Installation of Underground Fiber Optic Cables to Serve Multiple University Buildings. 2.M&C C-23740 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 37390 with ANA Consultants, L.L.C., for the Storm Water Utility Project — Upper Sierra Vista Detention Improvements Study, in the Amount of $13,020.00, Revising the Total Cost to $32,124.00. 3.M&C C-23741 -Authorizing the City Manager to Execute Change Order No. 2 in the Amount of $70,189.53 to City Secretary Contract No. 36574, a Construction Contract with Stabile and Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Portions of Sargent Street and Upton Avenue, Thereby Revising the Original Contract Amount to $1,027,469.87. 4.M&C C-23742 - Authorizing the Execution of One (1) Storm Water Facility Maintenance Agreement with Willow Ridge Estates Homeowners Association Located in the James Rightly Survey,Abstract No. 1268 and the Henry Robertson Survey,Abstract No. 1259 Located in North Fort Worth at No Cost to the City. 5.M&C C-23743 - Authorizing the City Manager to Execute a Community Facilities Agreement with City Participation in the Amount of $3,738.00 with Margaux Westover Partners, LTD, for the Installation of Water Services to Serve Westover Village, Lot 1, Block 1. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 7 of 23 (XIII. CONSENT AGENDA Continued) XIV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.OCS - 1737 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XV.REPORT OF THE CITY MANAGER B.General 1.M&C G-16672 - A An Ordinance Amending Division 4, "Graffiti," of An endix B of the Code of the City of Fort Worth to Conform to New State Law LblProviding for Offer to Remove Graffiti at St, eylsl tice a lre a tS, a e 1 1 r cess for Placing a Lien on Affected PL2p±rty. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16672 be approved and Ordinance No. 18771- 08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 2.MSC G-16673 - Authorize the Temporary Road Closure of West Lancaster Bridge Over the West Fork Trinitv River from Au2ust 26, 2009, to November 23, 2009, to Facilitate Bridge Rehabilitation and ReRair. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16673 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 3.MSC G-16674 - Authorize the City Manager to Enter Into a License Agreement with Downtown Fort Worth Initiatives,,Inc., for Improvements to General Worth Sgu are Park with a City Contribution of $250,000.00 from Gas Well Revenues; and Adopt an Appropriation Ordinance Increasin2 Estimated Receir)ts and ADDroDriations in the Park Gas Lease Proi ct Fund, from Gas Well Royalty Revenues. Motion: On behalf of Council Member Bums, Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16674 be approved and Appropriation Ordinance No. 18772-08-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 8 of 23 4.M&C G-16675 - Conduct a Public Hearing to Recei e Comments on the Pr2n2ltd Budget Five (5) Year Service Plan and ethod of Assessment for Fort Worth Public Improvement District No. I (the Downtown PID) for Fiscal Year 2009-2010, Which has been Prepared by the Downtown PID's Advisory Board; Approve the Filing of the Proposed 2009 Assessment Roll for the Downtown PID with t C ]�tSecretar�for Pblic Insectioir and Set a Public Benefit Hearing for September 8, 2009, at 7.00 p.m. for Final Consideration of the Downtown PID's Fiscal Year 2009-2010 Bu4g,.et and_Five �5Ycar Service Plan and 2009 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. 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, on behalf of Council Member Bums, Council Member Hicks made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication No. G-16675 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 5.MSC G-16676 - Conduct a Public Hearing to Receive Comments on the Pr2n2Ed Budget Five (5) Year Service Plan and Pronosed Method of Assessment for Fort Worth Public Improvement District No. 6 (Park Glen) for Fiscal Year 2009-2010; Approve the Filing of the Pronosed 2009 Assessment Roll for the Park Glen PID with the City Secretary for Public injaLctioir it Hearing for September 8, 2009, at 7:00 m. for Final , and Set a Public Bener Consideration of the Park Glen PID's Fiscal Year 2009-2010 Consideration of Public Improvement District No. 6's Fiscal Year 2009-2010 Budget, Five (5)Year Service Plan and 2009 Assessment Roll. 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 AUGUST 25, 2009 PAGE 9 of 23 (G-16676 Continued) a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Ms. Caroline Sherman, 1034 Canterbury Lane, Keller, Texas 76248, completed a speaker card in support of Mayor and Council Communication No. G-16676, but did not wish to address the Council. c.Council Action Motion: There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that the public hearing be closed, Mayor and Council Communication No. G-16676 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 6.MSC G-16677 - Conduct a Public Hearing to Receive Comments on the Pronosed Budget, Five (5) Year Service Plan and r se d Method of Assessment for Fort Worth Public Improvement District No. 7 (the Heritage PID) for Fiscal Year 2009-2010; Approve the Filing of the Proposed 2009 Assessment Roll for the Heritage PID with the City Secretary for Public Inspection; and Set a Public Benefit Hearing for September 8, 2009, at 7:00 �.m. for Final Consideration the Herita2e 's Fiscal Year 2009-2010 e , Five 5) Year Service Plan and 2009 Assessment Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Ms. Carla Felipe, 9852 Courtright Drive, Keller, Texas 76244, completed a speaker card in support of Mayor and Council Communication No. G-16677, but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 10 of 23 (G-16677 Continued) 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 Hicks, that the public hearing be closed, Mayor and Council Communication No. G-16677 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. 7.MSC G-16678 - Conduct a Public Hearing to Receive Comments on the Pronosed Budget, Five (5) Year Service Plan and r se d Method of Assessment for Fort Worth Public Improvement District No. 8 (Camp Bowie) for Fiscal Year 2009-2010; Approve the Filing of the Fr®r)osed 2009 Assessment Roll for the Camr) Bowie PID with the City Secretary for Public jBIRLdiow it Hearing r September , 2 , at 7: r Final , and Set a Consideration the Cgffip Bowie 's Fiscal Year 2009-2010 et, Five (5) e r Seri ice Plan and 2009 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. 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 Zimmerman made a motion, seconded by Council Member Hicks, that the public hearing be closed, Mayor and Council Communication No. G-16678 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 11 of 23 8.M&C G-16679 - Conduct a Public Hearing to Recei e Comments on the Pr2n2ltd Budget Five (5) Year Service Plan and Proposed Method of Assessment for Fort Worth Public Improvement District No. 11 (Stockyards} for Fiscal Year 2009-2010; ADDrove the Filing of the Proposed 2x09 Assessment Roll for the Stockyards PID with the City Secretary for Public Inspection; it Hearing for September 8, 2009, at 7:00 m. for Final , and Set a Public Benefit Consideration of the Stockvards PID's Fiscal Year 2009-2010 Bud2et, Five (5) Year Service Plan and 2009 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. 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 Hicks, that the public hearing be closed, Mayor and Council Communication No. G-16679 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Bums absent. 9.MSC G-16680 - Conduct a Public Hearing to Receive Comments on the Proposed Budget, Five (5) ear Service Plan s r se et hod of Assessment for Fort Worth Public Improvement District No. 12 Chapel Hill) for Fiscal Year 2009-2010; At)r)rove the Filing of the Proposed 2009 Assessment Roll for the Chapel Hill P D with the City Secretary for Public Inspection; and Set a Public Benefit Hearing for September 8 2009, at 7:00 p.m. for Final Consideration of the Chapel Hill P D's Fiscal Year 2009-2010 Budget, Five (5) Y ar Service Plan and 2009 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 12 of 23 (G-16680 Continued) b.Citizen Presentations Ms. Jenny Eaton, 3065 Hopewell Lane, appeared before Council in opposition to Mayor and Council Communication No. G-16680 and relative to the mismanagement of PID 12 by CMA Management. She requested that the PID be managed by Premier Communities and stated the community had many problems, such as vandalism, molding mulch in playground area, no trees, ponds that do not operate and no street lighting. The following individuals completed a speaker's card in opposition to Mayor and Council Communication No. G-16680, but did not wish to address the Council: Ms. Julia Torres, 3033 Hopewell Lane Mr. Joseph Martinez, 11021 Colonial Heights Lane Mr. Rian Maguire, 6324 Darwood Avenue, appeared before Council in support of Mayor and Council Communication No. G-16680 and relative to the management of PID 12 by CMA Management and requested a meeting with the PID 12 homeowners, Council Member Burdette, and CMA Management to work through the challenges. Council Member Burdette stated he had met with Staff and they recommended that the PID be managed by Premier Properties. He further stated that his recommendation was to closely monitor CMA Management since the challenges have been discovered and Mr. Maguire would be meeting with all involved to mitigate those challenges. Mayor Moncrief stated that he agreed with Council Member Burdette's comments and urged Mr. Maguire to meet with CMA Management as soon as possible to address the stated concerns. c.Council Action Motion: There being no one else present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-16680 be approved. The motion carried seven (7) ayes to zero (1) nay, with Council Member Burns absent and Council Member Hicks casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 13 of 23 10.M&C G-16681 - Conduct a Public Hearing to Rec ive Comments on the EL2p2sed Budget, Five (5) Year Service Plan and ethod of Assessment for Fort Worth Public Improvement District No. 14 (Trinity Blufn for Fiscal Year 2009-2010; ADDrove the Filing of the Proposed 2009 Assessment Roll for the Trinity Bluff PID with the City Secretary for Public Inspection; it Hearing for September 8, 2009, at 7:00 m. for Final , and Set a Public Benefit Consideration of the Tr Bluff PID's Fiscal Year 2009-2010 Bud2et, Five (5) Year Service Plan and 2009 Assessment Roll. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. 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, on behalf of Council Member Bums, Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the public hearing be closed, Mayor and Council Communication No. G-16681 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. D.Land 1.M&C L-14823 - Authorize the Direct Sale of Tax-Foreclosed Pror)ertv Located at 3120 Columbus Avenue, Fort Worth, Texas, Described as Lot 19, Block 35, Oak Grove Addition XTO Energv, Inc., in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of 52,537.54; Authorize the City Manager, or His Designee, to Execute and Record the Autwouriate InstrumegILC Lonveying the Prouerty to Complete the Sale. 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 the item. (Mayor Pro tem Scarth left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 14 of 23 (L-14823 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-14823 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Bums absent and one (1) abstention by Mayor Pro tem Scarth. (Mayor Pro tem Scarth returned to his place at the dais.) 2.M&C L-14824 - Accent the Dedication of Armroximatelv 26.149 Acres of Parkland and Facility Improvements from Hillwood Alliance Residential,_L.P., in Accordance with the Neighborhood and Community Park Dedication Polio for Heritage Park Addition. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-14824 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 3.M&C L-14825 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protect on of Public Parks and Recreational Lands; F nd that No Feasible or Prudent Alternative Exists to Rockwood Park and Rockwood Golf Course rte Location of the that the Pr2n2ltd Salt Water Pipeline Includes All Reasonable Planning to Minimize Harm to the Parkland and Including that the Pipeline will be Constructed in Rockwood Park and Rockwood Golf Course as Specified; Close the Public Hearing and Authorize the City Manager to Approve the Use of AgproximateI3: 0.1 23 Acres of Dedicated Parkland of Rockwood Park,Located at 701 North University Drive, Loc to West of University Drive and South of Rockwood Lane, and 0.223 Acres of Dedicated Parkland Rockwood Golf Course, Located at 701 North Universitj Drive, So thwest of Jacksboro State Highway 199, East of Isbell Drive, and South of Ohio Garden Road, for the Installation of a Four jjjjnch Salt Water Pipeline; a d Authorize the Execution of a Chesaueake Orwrating, Inc., in the Amount of$6 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 the item. (Council Member Jordan left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 15 of 23 (L-14825 Continued) a.Report of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. He explained the following correction to Mayor and Council Communication No. L-14825 regarding the fund accounts: Strike the following numbers from F/A/C: To/Fund/Account/Centers C92 446300 901929990100 $69,325.69 Correct the F/A/C with the following numbers: To/Fund/ Account/ Centers D102 446300 1032000 $22,353.01 P243 446300 801929990100 $22,353.01 C223 446300 201929990200 $24,619.66 Council Member Burdette stated that there would be no hauling of salt water up and down the road that parallels the levy on the south side of the river and that a pipeline would be drilled under the river through Rockwood Park to an existing Chesapeake Well on Highway 199. He further stated that the conditions must be approved by the Army Corps Of Engineers because the pipeline would be drilled under the levies. Mayor Pro tem Scarth requested clarification on where the saltwater will be picked up and dropped off. Council Member Burdette clarified that the saltwater will be piped over to the existing Chesapeake site and would be picked up and hauled off from that location. Council Member Espino requested that Mr. Zavala display the map indicating where the pipeline would be drilled and stated there was a moratorium on salt water disposal areas and that staff was working with industry experts regarding safe disposal methods. He further stated the pipeline would decrease traffic related to the well. Council Member Hicks requested clarification on why the saltwater will be piped to another site. Mr. Zavala clarified that the bridge over University Street was too low and could not accommodate the truck traffic, so in an effort to avoid an alternate route and traffic through the park area, the saltwater would be piped to the location on Highway 199. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 16 of 23 (L-14825 Continued) 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 Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. L-14825 be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent and one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) F.Award of Contract 1.M&C C-23744 - Approve e Expenditure of$750,000.0 from the Fort Worth s r s Fund to ri i tv Oualitv Housing, ., in the orm of a Subordinate teri str cti a for the Rehabilitation of the Wind River Apartments Located at 8725 Calmont Avenue; Authorize the City Manager, or His Designee, to Execute the Contract for a Two (2) Year Terns Beginning on the Date of Execution of the Contract; Authorize the Extension or Renewal of the Contract for Ur) to Six (6) Months if Trinitv Oualitv Housing, L.P., Requests an Extension and is Not in Default Under the Terms of the Contract; and Authorize the City Manager, or His Desi2nee, to Amend the Contract if ecessary to Achieve Proiect Goals Provided that the Amendment is Within t able Laws and Regulations. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23744 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. 2.MSC C-23745 - Authorize the City Manager to Authorize the Transfer of $252,621.00 from the Contract Street Maintenance Fund to the General Fund; Adopt a Supplem eta Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund, fro m► Available F ee Locations; and xec tote Contract with Restek, Inc., for 0 Calendar ays. Motion: On behalf of Council Member Burns, Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23745 be approved and Supplemental Appropriation Ordinance No. 18773-08-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 17 of 23 3.M&C C-23746 - Authorize the Cjy Yanager to Execute Change rder No. I in the Amount 5 5. t i Secretary tract No. 38206 with McClendon Construction Company fo the Construction of Granbur3: Road Improve ents from North of ADDalachian Way to Altamesa Boulevard. This will Increase the Overall Contract Amount to $1,650,877.60. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23746 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. 4.MSC C-23747 - Authorize the Transfer of$256,500.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the Amount of$153,900.00 and to the Sewer Capital Projects Fund in the Amount of Ordinance Increasing the Estimated Receipts and Appropri tions in the Water Capit r jests and in the Sewer Capital Projects Fund from Available Funds,for the Purpose of Funding the Rehabilitation of North Crowley Clebu ne Road and Cleburne Road West in Fort Worth; and An horize the Manager t Execute the Inter local Agreement with TarraflLCount _with CitPartici atl _in the Amount of $518,000.00, r Materials a ecessary ra is Controls During t e Construction Phase and Other Incidentals. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23747 be approved and Appropriation Ordinance No. 18774-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 5.MSC C-23748 - Authorize the City Manager to Execute an Engineering Services Agreement in the Amount of $461 Old Decatur Road from Bailey-Boswell Road to Boaz Road. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23748 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns absent. 6.M&C C-23749 - Authorize the City Manager to Ratify he A d Accept if I Application for Awarded, Grant Funds in the Amount of $100,000.00fro the Other Victim Assistance Grant from the Office of the Attorne3: G nera l of Texas' Crime Victim Services Division; A t rize the Citv Manager to Enter Into a Contract with the Office of the Attorney General of Texas' Crime Victim Services Division for the Implementation of the Other Victim Assistance Grant; Authorize the Transfer of $4,474.00 from the General Fund to the Grants Fund for the City's Match; and Adopt an A o riation Ordinance Increasing stimated Receipts a d Atmrot)riations in the Grants Fund in the Amount of $104,474.00,Ut)on Receipt of the 0 her Victim Assistant Grant from the Office of the Attorney General of Texas' Crime Victim Services for the Purpose of Funding a Bilingual, Spanish-Language Victim Assistance Specialist for Victims and Their Families. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 18 of 23 (C-23749 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23749 be approved and Appropriation Ordinance No. 18775-08-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent. XVL BUDGET HEARING 1.Hearing r se Fiscal Year 2009-2010 Appropriation Or i a ce, Be t Service Ordinance and Ad Valorem Tax Levy Ordinance Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1. e r Mr. Horatio Porter, Budget Officer, Financial Management Services Department, appeared before Council and provided a staff report. 2.Citizen Presentations Mr. Bill Kramer, representing the World Affairs Council, 808 Throckmorton Street, Suite 118, appeared before Council in opposition to the proposed FY 2009-2010 budget and requested the Council continue funding in the amount of$33,000.00 for the World Affairs Council Grant. Mr. Clifford Blackwell, 4021 Thoroughbred Street, appeared before Council in opposition to the proposed FY 2009-2010 budget relative to the funding cuts for the after school and summer track programs. He stated cutting those programs would increase crime in the area and would eventually cost the City more in the Police and Fire Departments. The following individuals appeared before Council in opposition to the proposed FY 2009-2010 budget and requested the Council continue funding for the Wedgwood and Meadowbrook Branch libraries: Ms. Catherine Clyde, 3212 Binyon Avenue Ms. Tolli Thomas, 5341 Wooten Drive Ms. Tina Bush, 3704 Wayland Drive Ms. Cathy Cone, 2409 Stark Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 19 of 23 (XVI. BUDGET HEARING Continued) The following individuals completed a speakers card in opposition to the proposed FY 2009-2010 budget and requested the Council continue funding for the Wedgwood and Meadowbrook Branch libraries, but were not present in the Council Chambers when recognized: Ms. Jenny Eaton, 3065 Hopewell Lane Mr. Joseph Martinez, 11021 Colonial Heights Lane The following individuals appeared before Council in opposition to the proposed FY 2009-2010 budget and requested the Council continue funding in the amount of $50,000.00 for Imagination Celebration: Ms. Ashley Dieterle, 2820 McKinnon Street, No. 2110, Dallas, Texas 75201 Mr. Bruce Williams, 2512 Countryside Lane Ms. Avis Davis, 2101 Flemming Drive Council Member Jordan expressed appreciation to all who attended the public hearing and stated he would be pursuing alternatives to closing the libraries because of the importance of education in the community and that nothing was final as this was a planning process. Council Member Hicks expressed appreciation to the citizens who spoke about the libraries and the Como Community Center. She stated that after school and summer programs are essential in the reduction of crime. Mayor Pro tem Scarth stated a great way to realize cost savings is through the use of volunteers. He advised that volunteerism is a wonderful opportunity to support the library and share the passion for reading and education with others. Council Member Moss expressed appreciation to all of the supporters of the libraries and stated that libraries provide computer and internet use to those who do not have those opportunities at home and also offer assistance to those completing job applications. Mayor Moncrief stated that in his forty years of public service, he has never experienced such a difficult budget. He further stated that none of the Council Members or staff wants to close libraries or reduce services but that the situation comes down to supply and demand. He advised that the Council and staff would be seeking alternatives to the proposed budget but that the reality is that the City simply can't afford to fund everything. He stated that the staff is the best in the business and would be thinking outside of the box and considering all alternatives throughout the budget process. There being no one else present desiring to be heard, Mayor Moncrief stated the public hearing would remain open until final adoption of the budget, debt service, and tax rate ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 20 of 23 Mayor Moncrief announced during Pre-Council that a presentation from the Agenda would be heard at this time. XVIL PRE COUNCIL ITEM 6 - Update on Single Family Design Standards Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided an update and PowerPoint presentation on single family design standards. She provided an explanation of the existing building standards, actions taken by Staff and builder comments regarding garage setback standards. She also provided Council an overview of the proposal of shipping containers as residential units. She provided an explanation of the proposed text amendment: 1. Apply Industrialized Housing standards to the use of shipping containers in one and two family districts: a. The structure must have a value at equal to or greater than the median taxable value for each single-family dwelling located within 500 feet. b. The structure must have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet. c. The structure must be fixed to a permanent foundation. 2. Require all single family homes to have a minimum horizontal dimension of 15 feet (i.e. two containers). 3. Restrict containers that do not comply with above to "MH" Manufactured Housing. She further stated that the next steps included the Zoning Commission to conduct a public hearing on the proposed text amendment on September 9, 2009, and the City Council to conduct a public hearing and vote on the proposed text amendment on October 6, 2009. Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Jordan, Moss, Burdette, Espino, Hicks, and Zimmerman all spoke regarding single family residential design standards and stated that the City needs quality, affordable, and sustainable housing. They further stated that achieving a balance was most important and that compromise was in order. They commented that they support the delay of enforcement of the garage set back until January 1, 2010, to allow for discussion and compromise. They agreed that standards must be in place to ensure neighborhood sustainability and that the idea of shipping containers as single family homes needed to be carefully considered. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 21 of 23 XVIII.CITIZEN PRESENTATIONS 1.Mr. Lee Nicol, Grea ter Fort Worth Builder's Ass ociationSingle FamilDesin Standards Mr. Lee Nicol, Greater Fort Worth Builder's Association, appeared before Council and provided a PowerPoint presentation regarding single family design standards and the garage set back text amendment. He also provided handout information. He requested additional time to January 1, 2010 to delay the garage set back standard and provided comments on the consequences and challenges to the area builders and developments if the text amendment implementation occurs without preparation time for the builders. The following individuals completed a citizen presentation card and appeared before Council regarding the single family design standards and the garage set back: Mr. Joey Goss, representing Cheldan Homes, 6861 Corporation Parkway Mr. Tom Galbreath, representing the Development Advisory Committee, 1501 Merrimac Circle, Suite 100 Ms. Meredith Martin, representing the Greater Fort Worth Builders Association and DR Horton Homes, 7001 Boulevard 26, Suite 323, also presented handout information that she read into record. Mr. Douglas Uken, representing K. Hovnanian Homes, 5808 West Plano Parkway, Plano, Texas 75093 Mr. Steve Howard, representing Lennar Homes, 1701 Market Place, No. 220, Irving, Texas 75077 Mr. Richard Rodriguez, representing Pulte, Centex, F&J, and Del Webb Homes, 1801 Cranbrook Drive, Colleyville, Texas 76034 Mr. Nelson Mitchell, representing History Maker Homes, 9001 Airport Freeway, No. 400, North Richland Hills, Texas 76180 Mr. Mike Wallace, representing A Place to Sleep, 9964 Sourwood Drive, Keller, Texas 76244 The following individuals completed a citizen presentation card regarding the single family design standards and the garage set back but did not wish to address the Council: Mr. Rudy Pospisil, representing M.H.I., 709 Elmwood Drive, Flower Mound, Texas 75022 Mr. Jaydon Crosby, representing Lennar Homes, 1707 Market Place Boulevard, Irving, Texas 75063 Mr. Al Tuten, representing KB Homes, 2711 LBJ Freeway, No. 600, Dallas, Texas 75234 Mr. John Giordano, representing Hahnfeld Giordano Cocanowe Residential Development, 200 Bailey Avenue Mayor Moncrief reiterated that the Council and staff are listening to the needs of the building community and reminded that quality should not have to be debated. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 22 of 23 (XVIII. CITIZEN PRESENTATIONS Continued) Council Member Zimmerman stated the reason that the staff was proposing these text amendments was because a few developers took advantage of the situation and now they must try to fix the problem without defining too many parameters. Council Member Moss stated the developers must commit to building quality housing and take a look at what people really can afford and provide a variety of products that consumers want to buy and are able to resale. 2.Mr. Joe Ikon Brandon, P. O. Box 1155, "The T - Two Can Food Ride" Mr. Joe Don Brandon was recognized but was not present in the Council Chambers. Mayor Moncrief recessed the regular Council meeting at 1:18 p.m. XIX.EXECUTIVE SESSION (PRE-COUNCIL CHAMBER} It was the consensus of the City Council that they recess into Executive Session at 1:30 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Allied Waste Systems d/b/a Trinity Waste Services v. City of Fort Worth, Cause No. 153- 231908-08; b) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. The City Council reconvened into regular session at 1:50 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 25, 2009 PAGE 23 of 23 XX.ADJOURNMENT There being no further business, the meeting was adjourned at 1:50 p.m. in memory of Ms. Bessie McCloud, former Mayor Pro tem Ralph McCloud's mother who passed away and in honor of former District 3 Council Member Jim Bradshaw who is gravely ill and his family. These minutes approved by the Fort Worth City Council on the 1 st day of September, 2009. Attest: Approved: Mr�Aa Marty ndrix Michael J. Moncrief City Secretary Mayor