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HomeMy WebLinkAbout2009/09/22-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 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 Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Council Member Frank Moss, District 5 Council Member Kathleen Hicks, District 8 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:01 a.m. on Tuesday, September 22, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Moss and Hicks absent. H.INVOCATION- Mitchale Felder, Chaplain, Police Department The invocation was provided by Mitchale Felder, Chaplain, Police Department. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 15 2009 Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the minutes of regular meeting of September 15, 2009, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 2 of 20 V. SPECIAL PRESENTATIONS, NTRODUC 1.Presentation of Certificate of Rec2gflj1j2R_2f the 2009 Hispanic Heritage Celebr tion Council Member Espino presented a Certificate of Recognition of the 2009 Hispanic Heritage Celebration to Ms. Stefanie Martinez, Building Standards Division Superintendent, Code Compliance Department. He stated that this was the 8th year for the Hispanic Heritage Employee Celebration Committee to host the Celebration which would be held on the north end of City Hall. He further stated that the Committee used the Celebration to highlight Hispanic Heritage Month which began on September 15, 2009, and went through October 15, 2009. Ms. Martinez accepted the Certificate of Recognition on behalf of Ms. Shelly Garcia, Hispanic Heritage Employee Celebration Chair and Code Compliance Officer. She expressed appreciation for the Certificate of Recognition and invited everyone to attend the celebration on September 24, 2009, from 11:00 a.m. to 1:30 p.m. She stated that the event was open to the public and would include Mexican food vendors, performances by the Sandunga Dance Team and Ballet Folklorico de Fort Worth, and a musical performance by jazz singer Victorie Rodriguez. She added that the event would also include an art exhibit with works by Angel Martinez, Jose Chavez and Ruth Ramirez and a keynote address by Ms. Eva Bonilla, a long-time leader in the Fort Worth Hispanic Community. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming nd Recent Events Council Member Burns advised that he had traveled, at his own expense, to the Texas Historical Commission meeting on behalf of the City, in support of the nomination of Heritage Park Plaza for inclusion on the National Register of Historic Places. He stated the Texas Historical Commission unanimously voted Heritage Park Plaza for inclusion on the Register and added that very few sites that were less than 50 years old were placed on the Register. He expressed appreciation to the Amon Carter Foundation, Downtown Fort Worth Inc., Historic Fort Worth and all other supporters of the project. He added that Oak Hurst and South Main Street Village, located in District 8, were also added as historic sites. He also announced that a Car Show benefitting the Police Department would be held on September 26, 2009, from 4:00 p.m. to 9:00 p.m. at Montgomery Plaza in the Target parking lot located at 7th Street and Carroll Street. Mayor Moncrief expressed appreciation to the supporters of Heritage Park Plaza as a historic site and pointed out that the plaza had been closed due to safety and ADA compliance issues. He stated the revitalization of Heritage Park Plaza would create a"sense of place" for the downtown community. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 3 of 20 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Scarth announced that on September 19, 2009, he presented the Mayor's Award at the Cruisin' for the Cure event and stated there were 500 cars entered and the event was a great success. He added that the 1st Annual Chuck Silcox Award was presented at the event in honor of former Council Member Chuck Silcox. Council Member Jordan announced that September 18, 2009, was Ride Out with Citizens on Patrol and the Neighborhood Police District 8, King Division (NPD8 King Division). He stated that 150 Citizens on Patrol along with Police Officers in the NPD8 King Division participated in a meet and greet and then patrolled the south side of Fort Worth in the interest of public safety. He expressed appreciation to Chief Halstead and the Police Department for coordinating the event. He added that the Crime Control and Prevention District (CCPD) Election would be held on November 3, 2009, and encouraged the citizens to support the CCPD initiatives. 2.Recognition of Citizens There were no citizens recognized at this time. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication Nos. G-16705 and C-23781 be withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Ms. Deborah Martinak be appointed to the Library Advisory Board Effective September 22, 2009, with a term expiring October 1, 2010. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 4 of 20 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.RESOLUTION 1.A Resoluti2n Adoptinga Master Plan for the Texas Motor Speedwal Area and Amending he Comt)rehensive Plan to Incort)orate the Master Plan Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Resolution No. 3789-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. XII.CONSENT AGENDA Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that the Consent Agenda be approved as amended. 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-16702 - Adopting Resolution No. 3790-09-2009 Authorizing Payment of Up to $3,500.00 for Legal Services Provided by Kelly, Hart & Hallman, LLP Related to Public Agencies Retirement Services (PARS) Post-Retirement Health Care Plan Trust. 2.M&C G-16703 - Confirming the Reappointment of Mr. David Hernandez as a Member of the City of Fort Worth Firefighters' and Police Officers' Civil Service Commission for a Three (3) Year Term Expiring October 1, 2012. 3.M&C G-16704 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Fifteen (15) Limousines Upon the City Streets, Alleys and Thoroughfares; Opryland Hotel — Texas Limited Partnership, d/b/a Gaylord Texan Resort and Convention Center, is Qualified and Financially Able to Conduct a Limousine Service within the City; Opryland Hotel — Texas Limited Partnership, d/b/a Gaylord Texan Resort and Convention Center, has Complied with the Requirements of Chapter 34 of the City Code; Opryland Hotel — Texas Limited Partnership, d/b/a Gaylord Texan Resort and Convention Center, Presented Facts in Support of Compelling Demand and Necessity for Fifteen (15) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Fifteen (15) Limousines Upon City Streets,Alleys and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 5 of 20 (XII. CONSENT AGENDA Continued) Thoroughfares; and Adopting Ordinance No. 18824-09-2009 Granting the Privilege of Operating Authority to Opryland Hotel — Texas Limited Partnership, d/b/a Gaylord Texan Resort and Convention Center, 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 Fifteen (15) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Providing for Written Acceptance by Opryland Hotel — Texas Limited Partnership, d/b/a Gaylord Texan Resort and Convention Center and conditioned on Opryland Hotel - Texas Limited Partnership, d/b/a Gaylord Texan Resort and Convention Center, Complying with All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended. 5.M&C G-16706 - Authorizing the City Manager to Authorize the Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Spinks Airport from the Texas Department of Transportation Aviation Division for the Amount of $50,000.00; Adopting Appropriation Ordinance No. 18825-09-2009 Increasing Estimated Receipts and Appropriations in the Aviation Improvements Capital Projects Fund, Subject to Receipt of a Routine Airport Maintenance Grant for Fort Worth Spinks Airport from the Texas Department of Transportation; Authorizing the Transfer of$50,000.00 from the Aviation Improvements Capital Projects Fund to the Airport Grants Fund for the City's Match; and Adopting Appropriation Ordinance No. 18826-09-2009 Increasing Estimated Receipts and Appropriations in the Airports Grants Fund in the Amount of$100,000.00, Subject to Receipt of the Grant. C.Land - Consent Items 1.M&C L-14832 - Authorizing the Direct Sale of Six (6) Tax-Foreclosed Properties Located at 3312 North Harding Avenue, Described as Lot 7, Block 63, Fostepco Heights Addition, 3007 Lee Avenue, Described as Lot 4, Block 77, MG Ellis Addition, 2614 Malone Street, Described as Lot 12A, Block 29, Diamond Hill Addition, 3507 Ellis Avenue, Described as Lot 14, Block 20, Washington Heights Addition, 3508 North Pecan Street, Described as Lot 8, Block 42, Fostepco Heights Addition and 3216 Ross Avenue, Described as Lot 16, Block 101, Ellis Addition, Fort Worth, Texas, to Ashlyn Homes, Inc., in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $60,795.77; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 2.M&C L-14833 - Accepting the Dedication of Approximately 5.592 Acres of Parkland and Facility Improvements from Wilbow-Skyline Development Corporation in Accordance with the Neighborhood and Community Park Dedication Policy for Walnut Creek Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 6 of 20 (XII. CONSENT AGENDA Continued) D.Planning & Zoning - Consent Items 1.M&C PZ-2847 - Authorizing the City Manager to Adopt Ordinance No. 18827-09-2009 Vacating and Extinguishing a Twelve Foot Wide Alley Right-of-Way, Situated in W.J. Boaz Subdivision of Block 3, Evans-South Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; and Containing Approximately 4,800 Square Feet of Land More or Less; Providing for a Reversion Fee in Said Land; Providing that the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). 2.M&C PZ-2848 - Authorizing the City Manager to Adopt Ordinance No. 18828-09-2009 Vacating and Extinguishing a Portion of Mira Vista Boulevard, Tarrant County, Texas; Containing Approximately 21,511 Square Feet or 0.493 Acres of Land; Providing for a Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). E.Award of Contract- Consent Items 2.M&C C-23782 - Authorizing the City Manager to Enter Into an Artwork Commission Contract with Mr. Eliseo Garcia in the Amount of $45,000.00 for Fabrication, Transportation and Installation of Public Art in Overton Park, South of Bellaire Drive South Between Overton Park Drive East and Overton Park Drive West, Fort Worth. 3.M&C C-23783 - Authorizing the City Manager to Execute an Agreement in the Amount of $62,350.70 with Atmos Energy Corporation for Installation of a New Intermediate Pressure Gas Service Line to Accommodate for a New Gas Demand and Pressure Requirements and to Abandon the Inadequate Existing Low Pressure Gas Service Line to the New Nashville Neighborhood Policing District No. 6 and Traffic Division Facility Located at 1100 Nashville Avenue. 4.M&C C-23784 - Authorizing the City Manager to Execute a Contract with ADB Consulting, L.L.C., to Develop an Interface with North Central Texas Fusion System for the Fort Worth Police Department Tactical Intelligence Model and Dashboard Program for the Homeland Security Section of the Fort Worth Police Department for an Amount Not to Exceed $72,000.00. 5.M&C C-23785 - Authorizing an Interlocal Agreement with Tarrant County Community College for the Use of the Fire Service Training Center for a Term to End on August 31, 2010, in an Amount Not to Exceed $20,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 7 of 20 (XII. CONSENT AGENDA Continued) 6.M&C C-23786 - Authorizing the City Manager to Execute a Contract for Staff Augmentation Services with NashWest, L.L.C., for the Phase II Reconciliation of the Municipal Court Services Financial Accounts for a Projected Cost of$75,006.00. 7.M&C C-23787 -Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $61,545.00 to City Secretary Contract No. 38582 with Johnson Controls, Inc., for the Construction of the Phase IIB Security Improvements at Water Department Facilities, Thereby Increasing the Contract Amount to $1,343,765.00. 8.M&C C-23788 - Authorizing the City Manager to Execute an Agreement in the Amount of $40,000.00 with Kinsman and Associates Engineering Consultants for a Third Party Review of the Detailed Energy Study and Energy Savings Performance Contract, Phase V, at Village Creek Wastewater Treatment Plant. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1741 Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIV.REPORT OF THE CITY MANAGER A.General—(Removed from Consent Agenda for individual consideration) 4.M&C G-16705 - Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations i the General Fund in the Amount of$94,711.14, a nd Decreasin e Unreserved, Undesignated Fu d Balance by the Same Amount, rte Purp se of Fundi Revenue Share Commitments from Sr)onsorshit) Fees to Various Stakeholders with the C y; Authorize ay e t fo r Commissions Due Per City Secretary Contrac t Nos. 36650 and 33616 to The Active Network in the Amount of$36,342.65, Payment of Revenue Share to Fort Worth Park and ecre ti S orts A iris ry Council, Inc., in a n Amount of $24,768.49; Authorize Transfer of Funds to the Municipal Golf Fund in the Amount of $20,000.00; and Authorize Transfer of Funds to the Culture and rs the Amount of$ 3, Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16705 be approved and Supplemental Appropriation Ordinance No. 18829-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 8 of 20 E.Award of Contract- (Removed from Consent Agenda for individual consideration) 1.M&C C-23781 - Authorize the City Manager to Execute the Following Documents Associated with the Southwest Parkway Pr2igijL�Encroachment Agreement with Union Pacific Railroad Company and Waive Administrative Fees Related Thereto; Community Facilities Agreement with Union Pacific Railroad Comuanv and Waive Administrative (Not Materials Testing or Inspection) Fees Related Thereto: Easements from the Union Pacific Railroad Company to the City of Fort Worth for Water and Sewer Pir)elines at No Cost with the Union Pacific Railroad Company Responsible for Cost of Future Relocations it Requests, if Any; Reimbursement Amement with Union Pacific Railroad Comr)a in an Amount Up to $100,000.00 fo r the Design and Construction Costs Related to the Trinity River East Bank Maintenance Road; Construction Coordination Agreement Setting Forth Union Pacific Railroad Company, the North Texas onstruction Coordination Procedures; Temr)orary Permit Amements for Construction Activities of Union Pacific Railroad Comr)any,, 1hL_LjL_2f Fort Worth and the North Texas Tollwa3: Authority on Properly Not Owned by the Constructing Party; Right-of-Wav Entry Agreements r Construction Activities bv Union Pacific Railroad Company on Property the City of Fort Worth has the Right to Possess but has Not Yet Obtained Fee Ownershir); Hi2hwav Overr)ass Easement Amement for the New Hulen Street Bridge to be Co structed on and Over Union Pacific Railroad Compa Propertl; Access and Maintenance Agreement for Access and Maintenance for the Hulen Street Bridle and Water and Sewer Utilities Constructed by the City of Fort Worth on Union Pacific Railroad Company - _Amendment No. I to a Drainage and Waterway Agreement with Union Pacific Railroad Company to rovide that Union Pacific Railroad Company will a Necessary Modifications to City Drainage Facilities at the Union Pacific Railroad Company's Sole Cost and Expense and that City of Fort Worth will Maintain Said Facilities at City's Sole Cost and mendment No. 5 to City Contract No. 38136, a Formal Agreement with the North Texas Tollway Authoritl, Uni n Pacific Railroad CoMpARLand the Texas Department of ablish Funding Sources, Remove the Parties' Termination Rights a d Authorize Mutually Agreeable Property Right Conveyances; Authorize Conveyance in Accordance with Amendment No. 5, f. Portions of Parcels 51, and 65 as 10 PT6 nd PT8 to th T DRRIMRL2LI �ttion, 61 Shown 09- a e exas g K g KARM21a Provided that the City Fort Worth Obtains Fee OwnerE i t o arcs s; arcs s 5 , Save and Except 09-10 PT6 Provided the City Obtains Fee Ownership of Parcel 51, 53-PTI, 53-PT2, Provided the City Obtains Fee OwneEahjE_2f.E arcs l 65 and 66-89, to th North Texal ay A t ri ; and Direct Staff to Reserve $500 000.00 from Bond Funds Transfer SWP00015 for Environmental Remediation_2n City-_Owned Pro ertLthat Will be Encumbered in a Future Council Action. Council Member Burdette explained that approval of this contract amendment was another step toward badly needed construction of the Southwest Parkway and was a sign that this project was moving forward. He further stated that the parkway would not only benefit the south side of the City, but also the west side and the entire City as a whole. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 9 of 20 (C-23781 Continued) Council Member Jordan expressed appreciation to staff and to Mayor Moncrief for their support of the proj ect. Mayor Moncrief stated that the project had been a team effort from the beginning. He further stated that everyone involved was aware of how critical the construction of the Southwest Parkway had become relative to clogged arterial streets. He added that construction of the parkway would reduce the traffic congestion and allow for safer travel. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23781 be approved with appreciation to staff. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. B.General 1.M&C G-16707 - Authorize t o City Manager to Adopt an Appropriat i on Ordinance Increasing the Estimated Receipts and Approp iations in the Special Trust Fund in the Amount of$106,863.00, from Available Funds to Cover Costs Associated with the Purchase of Broadcast Television i e t ith Public Education and ver e t s. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16707 be approved and Appropriation Ordinance No. 18830-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 2.M&C G-16708 - Authorize the City Manager to Accent Congestion Mitigation and Air Quality Improvement Program Federal Transportation Funds in the Amount of $1,600,000.00 f sist1 $1424,,000.00 Cash and $176, as Allocated a Transportation Council for Local Rail Planning and Design; Authorize the City Manager to Execute a Funding Agreement with the Texas artment of Transportation for Use of the Federal s and to e it ay e t r A is e Administrative ees, t to xcee $44,000.00; Authorize the City Manager to Execute an Interlocal Agreement with the Fort Worth Transportation Authority in Order t 0.00 in Local Match and to Address Project Management Duties; Authorize the Transfer of $200,000.00 from the New Development Fund to the Grant C a it r 'acts Fund for te City Match; and Adopt o Appropriation Ordinance Increas in the Grant Capital Projects Fund in the Amount of $2,000,000.00, from the Regional Transportation Council,_ F rt Worth ra s r Author Authori and Available Funds, for te Purp se of Fundi Local Rail a 1 a eSl CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 10 of 20 (G-16708 Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16708 be approved and Appropriation Ordinance No. 18831-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 3.MSC G-16709 - Authorize the City Manager to Continue to Retain the Law Firm of Hart & Hallman, LLP, as Outsi e Counsel Pursuant to Chapter VI, Section 3 of the Cill Charter to Assist the City Attorney in Legal Matters Related to Water, Wastewater and Environmental Issuesi and Adopt a Resolution Authorizing Employment of Outside Le a I Counsel for Assistance to the City_ Attorney's Advising the Water Departmen in A's Office Water,Wastewater and Environmental Issues. Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. G-16709 be approved and Resolution No. 3791-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 4.M&C G-16710 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the 2007 Critical Capital Projects Fund in the Amount of $40,184 000.00 in the Street Improvements 2004 Overruns Fund in the Amount of$200,000.00, in the Information Sjstems 2 04 Overruns Fund in the Amount of $619,000.00 and in the e ent Purchases Fund in the Amount of $16,182,000.00, fro the Sale of Combination Tax and Limited Surplus Reve nue Certificates of Obligation, Series 2009 for the Purn2jg of Funding Various Projects from the 2007 Critical Capital Needs Program, Cost Overruns from the 2004 CIP, and Reimbursing the General Fund Balance for Various Egu1 t Purchases, Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16710 be approved and Appropriation Ordinance No. 18832-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 5.MSC G-16711 - Adopt an Appropriation Ordinance Increasing_Estimated_Receipts and Appropria ions in Various Funds in the Amount of$92,855,000.00, fr m the Sale of Citj of F rt Various 2004 and 2008 Bond Program Pro*ects, Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16711 be approved and Appropriation Ordinance No. 18833-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 11 of 20 6.M&C G-16712 - Authorize the CjI3�� ra s er 5 rom the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $5,000,000.00 a d to the Sewer Capital Proiects Fund in the Amount of$3,000,000.00; and Adopt an Appropriation Ordinance IniEgaliggEstim ate d Receipts and Appropr ations in the Water Ca it Projects Fund and in the Sewer Capital Projects Fund, from Available Funds, for the Purpose of Funding Unst)ecified Proiects Within the Water Det)art ment. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16712 be approved and Appropriation Ordinance No. 18834-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 7.MSC G-16713 - Adopt an Ordinance Amending Chapter 35, "Water and Sewers", of the Code of the Citv of Fort Worth (1986), as Amende , Section 353 t e i s;d 9 "Monhly Radng Customer Charges; Straight Connections"; Section 35-56, "Water and Sewer Rates Within the City", Subsections (b), (c) and (d); Section 35-63, "Where and When Bills Payable"; Revising and Adding Certain Rates and Charges for Retail Water and Wastewater, Effective January 2010. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16713 be approved and Ordinance No. 18835- 09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 8.M&C G-16714 - Adopt an Or di ance Amending the Code of the City Fort Wo as Amended,Chanter 35 "Water and Sewers Article III "Charles", Sections 35-56(2) and 35- 56(h) "Water and Sewer Rates Within the City" by Revising and Adding Certain Rates and C �hares- andProvid�in an Effective Date of Billing on or After November 1, 2009, for Usage of Flows from and After October 1, 2 009. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16714 be approved and Ordinance No. 18836-09-2009. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 9.M&C G-16715 - At)r)rove the Fiscal Year 2009 Ne hood Park Enhancement Pro2ram __r_`ecs fo Various Parks; Approve Funding the Neighbo hood Park Enhace meflLEL2gLMin the Amount of $94,6 6.00 from Gas Well Rovaltv Revenues-_and Adopt an Appropriation Ordinance Increa2ing Estimated RtggjUIL_AflqA r riations in the Park Gas Lease Proi ct Fund from the Gas Well Rovaltv Revenues, for the Purpose of Funding Proiects for Various Parks. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 12 of 20 (G-16715 Continued) City Manager Fisseler stated a correction needed to be made to Mayor and Council Communication No. G-16715 in the table under the discussion section on page 2. He added that the fourth applicant was listed as "Ryanwood Neighborhood Association" and the correct name of the applicant was "Ryanwood West Citizens on Patrol". Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16715 be approved as amended and Appropriation Ordinance No. 18837-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 10.MSC G-16716 - Adopt an Ordinance Authorizing the Issuance and Sale of City of Fort Worth, Texas Drainage Utility System Revenue BondsSeries 2009, and r a All Other Matters Related Theret Fort Wort Texas, Drainage Utility System Revenue Bonds, Series 2009, be Sold to Robert W. Baird & Co., e Bidder Offering th e Lowest True Interest Rate of 3.963735 Percent. Mr. James Mauldin, City Treasurer, Financial Management Services Department, appeared before Council and announced the bid results which had closed at 10:00 a.m. on September 22, 2009. He advised that the low bidder was Robert W. Baird & Company at the true interest rate of 3.963537 percent. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16716 be approved and Ordinance No. 18838-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. C.Purchase of Equipment, Materials, and Services 1.MSC P-11029 -Authorize a Purchase Agreement with Metro Fire A paratus Stiecialists,Inc., r Protective Structural Bunker Gear for te Fire a rt e t for an Annual Amount t $2812000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P-11029 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 13 of 20 D.Land 1. 3 - A r ve t o Acre to ce a e se A reement in the Amount of $12,339 79 for Natural Gas Drilling Under 4.93 Acres, More or Less, of City-Owned Properties Known as Stagecoach Pump Station Located at 8800 West Free way, hite Settlement. 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.) Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14834 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Moss and Hicks absent and one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 2.MSC L-14835 - AULpi the Dedication of Approximately 20 81 Acres of Unimproved Parkland from FW-Trail Ridge, Ltd., in Ac ordance with the Neighborhood and Commun ity Park Dedication Policy. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-14835 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. City Secretary Hendrix advised that Mayor and Council Communication Nos. L-14836, L-14838, and L-14839 would be heard together, but voted separately and read the captions into the record. 3.MSC L-14836 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protec ion of Public Parks and Recreational Lands; a nd Close the Public Hearing and Authorize the City Manager to Approve the Following Parks for Subsurface Drilling an the Extraction of Natural Gas from an Off Site Location: Fort Worth Botanic Gardens 2000 University Drive, Located West of University Drive, South of Harley Street and North of Interstate Highwal 30W; a nd Forest Park, (Areas t o Include the Fort Worth Zoo, Log Cabin Village and Bobo Woods), 1500-2000 Colonial Way, Located South of the Clear Fork Trini!y River, as of Rogers Road, Ea t and West of Universitj Drive, East, North a d South of Colonial Way, as of W nton Terrace East and Sandage Avenue, Nort and South of Park Hill Drive, Nort of McPherson Avenue West of Mc Cart Ave nue,,Forest Park Boulev Huntin2ton Lane and Park Place DriveSouth of Kensington Drive. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 14 of 20 5.M&C L-14838 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and Close the Public Hearine and Authorize the Cily Manager to ADDrove the Followipy Park for Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Terry Park, 3104 North Terry Street, Located East of Terry Street, North of 30th Street, Northeast and West of Elm Street. 6.M&C L-14839 - Conduct a Public Hearin2 Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and Close the Public Hearin2 and Authorize the City Manager to Approve the Following Property for Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Worth Heights Community Center, 3551 New York Avenue, Located South of Echo Lake Drive North West of Cole Street and East of New York Avenue. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. Council Member Burdette asked Mr. Creek if the items before Council were for conversion of parkland to authorize seeking a lease. Mr. Creek stated the items before Council allowed the City to advertise for bid but were not the actual advertisements. Council Member Burdette requested that Mr. Creek confirm that none of the drilling would occur on actual parkland and that the drilling would occur offsite. Mr. Creek confirmed all drilling would occur at an offsite drilling location. Council Member Burdette clarified that the actual lease agreements would require Council approval. Council Member Zimmerman asked if any of the sites currently had lease contracts. Ms. Susan Alanis, Director, Planning and Development Department, clarified that none of the sites currently had lease contracts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 15 of 20 (L-14836, L-14838 and L-14839 Continued) b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14836 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that the public hearing be closed and Mayor and Council Communication No. L-14838 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. L-14839 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 4. 37 - Conduct a Public Hearin2 Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Charter 26, Protection of Public Parks and Recreational Lands, and Close the Public Hearing and A thorize the City Manager to Approve t o FolloMigg Parks for Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Patricia Le Blanc Park, 6300 Cranbury Cut-Off, Located Southwest of Cranbury Road, North West of Granbury Cut-Off Just East the Terminus of Can3:on rest Drive and ree rar Lane; a Morris Bernev Park, 6312 Rosemont Avenue Curzon , Located Avenue, N rth of Rosemont Avenue and es Fairfield Avenue. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 16 of 20 (L-14837 Continued) b.Citizen Presentations Mr. Jerry Lobdill, 6336 Darwood Avenue, appeared before Council in opposition to Mayor and Council Communication No. L-14837 and relative to the notification process of the scheduled public hearing by the Planning and Development Department. He stated that the Ridglea Neighborhood Association was not sufficiently notified that there would be a public hearing on this item. He further stated that the City should not enter into agreements with natural gas companies due to the economic recession, lack of public interest, decrease in drilling, and the falling price of natural gas. He requested that the Morris Berney Park portion of the Mayor and Council Communication be removed from consideration. He questioned the urgency of considering this issue at this time and requested this issue be delayed to allow the residents of the community to negotiate a better lease with Chesapeake. c.Council Action Council Member Jordan advised that there was no involvement with Chesapeake Energy in the action before the Council and therefore he did not have a conflict with this item. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-14837 be continued until the October 27, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. F.Award of Contract 1.M&C C-23765 - Authorize t e ity a a er t Execute a Public Right-of-Way se Amement with Devon Energy Granting a License to Construct and Overate a Saltwater Pipeline Acr ss Verna Trail NorthWest of Silver Creek Road for a One ( ) Ti e License Fee of $2,760.00 (Continued from Seyteiriber Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23765 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 2.MSC C-23789 - Authorize the City Manager to Execute an Interlocal Amement with the Fort Worth Independ e t School District to se the i ers - rei es Activity Center o r the Farrington Field Facility as a Shelter Hub. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 17 of 20 (C-23789 Continued) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23789 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 3.MSC C-23790 - Authorize the City Manager to Execute a Public Right-of-Way Use Amement with Texas Midstream Gas Services LLC to Grant a License to Construct and Operate a Natural Gathering Gas Pipeline Across Abner Lee Drive, East of Stone Road for a One ( e License Fee of$5,520 00. Motion: On behalf of Council Member Hicks, Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23790 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 4.M&C C-23791 - Authorize thL C �i�tMana erto Execute a Public Right-of-Way se Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Catherine Pipeline A ross Dooling Street, N rth of Crabtree Street for a One jjj_ une License Fee of Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23791 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 5.MSC C-23792 - Authorize the Citv Manager to Execute a Fair Housing Assistance Program Cooperative Agreement r t he Fort Worth Community Relations Depart e with the United States Department of Housing and Urban Development for Fiscal Year 2009-2010 and Accept Fu ds in an Amount Up to $600,000.00, for a C ntract l Award of $517,559.00 P us Current and Future Accrued Interest from Contractual Award Funds in an Amount Uy to $82,441.00; and Adopt an Appropriation Ordinance Increasing stimated Receipts a d Appropriations in the Grants Fund, from Available Funds, for the Purpose of Executing the Agreement Through the Fort Worth Communily Relations Department. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23792 be approved and Appropriation Ordinance No. 18839-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 18 of 20 6.M&C C-23793 - Authorize the City Manager to Ex cute a Construction Contract in the Amount of $259,00 .00 in Community Development Block Grant Funds with Prime Construction ComDanv for the Rehabilitation of Old Fire Station No. 20 Located at 2804 Lipscomb Street; and Execute a Design_and_Construction Administrative Services Agreement at No Cost to the City with RP Construction Administration Services for the Rehabilitation of Old Fire Station No. 10. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23793 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 7.MSC C-23794 - Authorize the City Manner to Execute Change Order No. I in the Amount of$101,697.10 to City Secretary C ntract No. 38362 with JRJ Paving, L.P., for the Litse3: Ro d Phase 11 Roadway Improvements ,Increasing the to Contract Amount to $1,183,5 .23. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23794 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 8.MSC C-23795 - Authorize the City Manager to Execute an Agreement with AECOM USA Group, Inc., in the Amount of$336,000.00 for the Como Creek Master Plan. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23795 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 9.MSC C-23796 -Authorize the City Manager to Execute an Agreement with Freese & Nichols, Inc.,in the Amount of $243,046. 0 for the Lower Marv's Creek Master Plaw and Execute an ter ca Agreement with the Cily of Be ook Under is Be ook Will Participate i an Amount Up to $63,569.00 ($52,4 6.00 for Basic Study Tasks and $11,113.00 for Optional Additional Work) for its Share of the Cost of the Engineering Agreem nt. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23796 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 10.M&C C-23797 - Authorize a Contract with Drew's Place Restaurant, Inc., for the Operation of the City Hall Cafeteria for a Two (2) Year Contract Beginning October 5, 2009, with Options to Renew for Up to Three (3)Additional One (1)Year Terms. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 19 of 20 (C-23797 Continued) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23797 be approved with appreciation. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 11.MSC C-23798 - Rescind Mayor and Council Communication No. C-23261 Approved December 16, 2 the Purpo e of Revisinjj!Le Amount of the Contract with LP Sundance Construction, Inc.; and Authorize the City Manager to Execute a Contract with LP Sundance Construction in the Amount of $2,277,171.50 for the Construction of East 7th Street Deen Tunnel Sanitary Sewer, Part 1. Motion: On behalf of Council Member Hicks, Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23798 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. 12.M&C C-23799 - Authorize the Transfer of $2,3 , r om the Water and Sewer Ot)eratin2 Fund to the Water Capital Proiects Fund in the Amount of $1,000,0 0.00 and the Sewer Capital Projects Fund in the Amon n Ordinance Increasing Estimated Receipts and ADDroDriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund for the Purpose of Funding Water and Sewer Main Replacements Contract 2008A; an Authorize the City Manager to E sec to Renewal No. I of City Secretary Contract No. 38055 in the Amount of $2,000,000.00 with Conatser Construction TX, LP, for Water and Sewer Main Replacements Contract 2008A. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23799 be approved and Appropriation Ordinance No. 18840-09-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. XV.ZONING HEARING 1.1LIppeared that the City Council, at its meeting of July 14, 2009, conti ued the hea application of Zoning Docket No. ZC-09-027 - City of Fort Worth Planning and Development: Text Amendment: Conservation Overlay Districts; An Ordinance Amending the Zoning Ordinance 2L_the_LLty of Fort Worth, Beinj Ordinance No. 13896, as Amended Codified as Appendix "A" of the Code of the an Design Commission" of Chanter 2 "Review Bodies", to Amend the Duties of the Urban Design Commission and Revise Subsections "E" and "F" Related to Conservation Districtsi to Change the References to "Design Districts" and Delete Mixed Use Growth Centers and Urban Vi Section 4.100 "Districts Established" to Add Design Overlay Districts to Subsection "Special Purpose Districts"; Amend in its Entirety Article 4 "Conservation ("CD") Overlay Districts"(Recommended for Approval) Continued from July 14, 2009). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 2009 PAGE 20 of 20 (ZC-09-027 Continued) Motion: There being no one present desiring to heard in connection with the Text Amendment, Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-09-027 be continued until the October 13, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Moss and Hicks absent. XVI.CITIZEN PRESENTATIONS 1.Mr. Abraham Rivera, 4505 Odessa - Issues Regarding Tarrant County Database, Prosecutors and Code Compliance Mr. Abraham Rivera, 4505 Odessa, appeared before Council relative to issues regarding Code Enforcement and the process of issuing citations. He stated that he was receiving citations on property that he did not own. He also spoke about the Tarrant County Appraisal District's database with incorrect information and unreasonable court fines for insignificant code violations. City Manager Fisseler referred Mr. Rivera to Code Compliance Assistant Director Scott Hanlan for resolution. Mayor Moncrief requested a staff report regarding the Code Compliance citation process. XVIII.ADJOURNMENT There being no further business, the meeting was adjourned at 10:49 a.m. These minutes approved by the Fort Worth City Council on the 29th day of September, 2009. Attest: Approved: i Marty H drix Michae oncri City Secretary Mayoi