Loading...
HomeMy WebLinkAbout2009/10/27-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 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 Council Member Joel Burns, District 9 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 10:40 a.m. on Tuesday, October 27, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns temporarily absent. IL INVOCATION m Reverend Rob Morris, Ridglea Christian Church The invocation was provided by Reverend Rob Morris, Ridglea Christian Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. (Council Member Burns assumed his place at the dais.) IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF OCTOBER 20, 2009 Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that the minutes of regular meeting of October 20, 2009 be approved with the corrected spelling of "Blue Angels". The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 2 of 20 V. SPECIAL PRESENTATIONS, NTRODUC 1.Presentation of Proclamation for National Register of istoric Places Council Member Burdette presented a Proclamation for National Register of Historic Places Day to Ms. Marty Craddock, Chair, National Register Committee, Fort Worth Garden Club. He stated the Fort Worth Botanic Garden was a treasured community asset enjoyed by thousands of visitors annually in the heart of Fort Worth's Cultural District. He added that 2009 marked the 75h Anniversary of the Fort Worth Botanic Garden and the Centennial of the Parks and Community Services Department. He pointed out that the garden was nominated for the National Register Listing by the Fort Worth Botanical Society, the Fort Worth Garden Club, the Garden Club Council and Texas Garden Clubs, Inc. He advised that the Fort Worth Botanic Garden was listed in the National Register of Historic Places on January 29, 2009, for its national significance as a designated landscape, with the municipal rose garden cited as an outstanding feature and as the first municipal garden in the State of Texas. Ms. Craddock expressed appreciation to the Mayor and Council for the recognition and support of the garden. Parks and Community Services Director Richard Zavala introduced other committee members in attendance at the Council meeting and invited everyone to attend the dedication ceremony at the Rose Garden on October 30, 2009, at 4:00 p.m. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming nd Recent Events Council Member Jordan congratulated the Texas Christian University Football Team and Coach Patterson on their recent victory over Brigham Young University and stated their hard work and persistence had built a superb football program as well as successful leaders in the community. He also announced that the Texas Department of Transportation (TxDOT) Commission meeting would be held on October 29, 2009, at 9:00 a.m. at the Modern Art Museum, located at 3200 Darnell Street. He added that the Texas Municipal League (TML) Conference that was held last week in Fort Worth was a huge success and expressed appreciation to those who volunteered. He pointed out that November 3, 2009, was Crime Control and Prevention District (CCPD) Election Day and encouraged everyone to vote in the critical election. Council Member Zimmerman announced that the Alliance Air Show that was held October 24-25, 2009, was a wonderful success with approximately 140,000 in attendance. He stated that Congresswoman Kay Granger and Mayor Pro tem Scarth were honored with the baton pass by the Golden Knights United States Army Parachute Team. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 3 of 20 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Moss expressed appreciation to Planning Manager Eric Fladager, Planning and Development Department for attending the District 5 Quarterly Meeting and stated the meeting was successful. Mayor Moncrief congratulated Council Member Moss for his recent election as the 2009-2010 President of the Texas Association of Black City Council Members. Council Member Espino announced that a CCPD Informational meeting would be held on October 29, 2009, at 6:30 p.m. at the North Fort Worth Woman's Club, located at 1522 Rockwood Lane. He added that the CCPD funded many crime related programs such as graffiti abatement and prevention and after school programs and security. He also announced that the TxDOT and the Transportation and Public Works Department would hold a meeting regarding the widening of Golden Triangle Boulevard from Interstate 35 to Highway 377, on October 27, 2009, at 7:00 p.m., at the Chapel Church, located at 4101 Golden Triangle Boulevard. Mayor Pro tem Scarth expressed appreciation to City staff for the volunteer efforts at the recent TML Conference and stated many of the visitors complimented the City and the venues. He also stated that it was an honor to receive the baton from the Golden Knights United States Army Parachute Team and expressed appreciation to Council Member Zimmerman, who was a longtime volunteer for the Alliance Air Shows. He stated the new memorial for the Honor Guard was beautiful and encouraged everyone to visit the memorial. Council Member Zimmerman expressed appreciation to all of the volunteers at the Alliance Air Show, including the Police Department, Fire Department and ambulance services. Council Member Hicks announced that the North Texas Super Bowl XLV Host Committee would hold the first in a series of three workshops designed to educate Minority and Women owned Business Enterprises (MWBE) on how to pursue Super Bowl-related opportunities. She stated the first event would take place on October 27, 2009, from 2:00 p.m. to 5:00 p.m. in the Round Up Inn Ballroom at the Amon G. Carter Jr. Exhibit Hall in the Will Rogers Memorial Center, located at 3401 Lancaster Avenue. She also announced at meeting regarding an update on the Berry-Riverside Street Scaping Project Urban Village Development would be held on October 29, 2009, from 6:00 p.m. to 8:00 p.m. at the YMCA, located at 2400 East Berry Street. She advised that a celebration for the achievements of Polytechnic High School would be held on October 31, 2009, from 10:00 a.m. to 1:00 p.m. at the Texas Wesleyan University Mall. She added that the event would include a parade and other carnival activities. She also announced that a District 8 Town Hall meeting would be held on November 7, 2009, at Polytechnic High School, located at 1300 Conner Avenue and stated registration would begin at 8:30 a.m. and the meeting would begin at 9:00 a.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 4 of 20 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burdette announced NASCAR Race Weekend would be held November 6-8, 2009, and stated the events would include a truck race, the O'Reilly Auto Parts Race, and the Nextel Cup Race. He also expressed appreciation to the Planning and Development Department staff, especially Eric Fladager and Becky Pils, for attending the meeting at Brewer High School regarding the first draft of the Lake Worth Master Vision Plan. He added that the plan was a work in progress and would serve as a guide for the development in Lake Worth. Mayor Moncrief reiterated Council Member Hicks' announcement relative to the North Texas Super Bowl XLV Host Committee holding MWBE workshops and added that special guests at the first workshop would include Gina Puente-Brancato and former Dallas Cowboys great Emmitt Smith who Co-Chaired the Emerging Business Program. He stated those interested could visit www.northtexassui)erbowl.com/emerainabusiness for more information. He also expressed appreciation to Mayor Pro tem Scarth and other Council Members who volunteered and/or attended the TML Conference last week. He stated the positive feedback was overwhelming and added that staff and citizens should be proud of their great city. He requested the Council meeting be adjourned in memory of his friend and colleague, former Texas Senator and Ambassador to Sweden, Mr. Teel Bivens who passed away on October 26, 2009. 2.Recognition of Citizens There were no citizens were recognized at this time. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication Nos. G-16731 be continued until the November 10, 2009, Council meeting, G-16747 be continued until the November 3, 2009, Council meeting and P-11043 be withdrawn from consideration and replaced by P-11043 (Revised). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 5 of 20 IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the following individuals be appointed to the boards/commissions/committees indicated effective October 27, 2009, and with terms expiring as reflected: Building Standards Commission Mr. Dennis Shingleton -Place 7, expiring September 30, 2011 Board of Adjustment—Residential Mr. William Greenhill -Place 7, expiring October 1, 2011 City Zoning Commission and Fort Worth Alliance Airport Zoning Commission Mr. Nicolo Genua -Place 7, expiring October 1, 2011 The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief requested Council consideration to appoint Ms. Casey Dyer to the Fort Worth Commission for Women. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman that Ms. Casey Dyer be appointed to Place 1 on the Fort Worth Commission for Women effective October 27, 2009, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief requested Council consideration to reappoint various individuals to respective boards/commissions/committees. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the following individuals be reappointed to the boards/commissions/committees indicated effective October 27, 2009, and with terms expiring as reflected: Appeals Board Mr. Corey Fickes -Place 1, expiring September 30, 2011 Aviation Advisory Board Mr. Richard Fahy -Place 1, expiring October 1, 2011 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 6 of 20 (IX. PRESENTATIONS BY THE CITY COUNCIL Continued) Board of Adjustment — Commercial and Fort Worth Alliance Airport Board of Adjustment Mr. Sam Buchanan—Place 1, expiring October 1, 2011 Building Standards Commission Mr. Bill Miller—Place 1, expiring September 30, 2011 City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees Mr. Charles Rand—Place 1, expiring October 1, 2011 City Zoning Commission and Fort Worth Alliance Airport Zoning Commission Ms. Ann Zadeh—Place 1, expiring October 1, 2011 Community Development Council Mr. Jason Hall—Place 1, expiring October 1, 2011 Library Advisory Board Mr. Jerome Styrsky—Place 1, expiring October 1, 2011 Parks and Community Services Advisory Board Ms. Sheila Hill —Place 1, expiring October 1, 2011 Urban Design Commission Ms. Margaret Johnson—Place 1, expiring October 1, 2011 The motion carried unanimously nine (9) ayes to zero (0) nays. X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 7 of 20 XI.RESOLUTIONS 1.A Resolution Providing Citj Co ncil Aides t the City of Fort Worth's Benefits Plan Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Resolution No. 3803-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.A Resolution Appointing Dale FisselerT. M. Higgins and Jesus Chapa to the Board of Managers for the Villas of Eastwood Terrace, LC Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Resolution No. 3804-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XII.CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16742 - Authorizing the City Manager to Execute an Amendment to the Lease Agreement with Monroe Street Professional Building, Limited, for Office Space of 637.5 Square Feet Located at 900 Monroe Street for the Community Relations Department in an Amount Not to Exceed $60,051.72, Plus Operating Expenses. 2.M&C G-16743 - Authorizing the City Manager to Apply for and Accept, if Offered, a One (1) Year Grant from the Federal Emergency Management Agency in an Amount Not to Exceed $312,800.00; Authorizing the Transfer of$78,200.00 as Required for the 20 Percent Match to the Total Amount of the Grant ($391,000.00) from the General Fund/Non-Departmental to the Grants Fund; and Adopting Appropriation Ordinance No. 18878-10-2009 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of$391,000.00, Upon Receipt of an Assistance to Firefighters Grant, for the Purpose of Purchasing Equipment for the Fire Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 8 of 20 (XII. CONSENT AGENDA Continued) C.Land - Consent Items 1.M&C L-14877 - Authorizing the Direct Sale of Tax-Foreclosed Property Located at 5125 Fitzhugh Avenue, Described as Lot 5F, Block, Hollis Subdivision, Fort Worth, Texas, to Carter Temple New Jerusalem Church of God in Christ, Inc., in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price in the Amount of$1,888.61 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-14878 - Authorizing the Sale of Tax-Foreclosed Property Located at 5537 Carver Drive, Described as Lot 10, Block 10, Harlem Hills Addition, Fort Worth, Texas, to Leonard Hall, in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price in the Amount of $2,904.26; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. E.Award of Contract- Consent Items 1.M&C C-23870 - Authorizing the City Manager to Enter into a Design Team Agreement with Jack Mackie for a Public Art Master Plan for East Lancaster Avenue and Conceptual Designs for Dallas Avenue and Sargent Street for a Total Amount Not to Exceed $30,000.00. 2.M&C C-23871 - Authorizing the City Manager to Ratify the Application for and Accept, if Awarded, a 2009 Child Sexual Predator Program (CSPP) Grant from the U.S. Department of Justice, Community Oriented Policing Services (COPS) in an Amount Up to $500,000.00; Authorizing the City Manager to Execute the Contract in Connection with the Acceptance of the Grant; and Adopting Appropriation Ordinance No. 18879-10-2009 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant for the Purpose of Enhancing the Police Department's Fight Against Child Sexual Predators and Exploitation of Children. 3.M&C C-23872 - Ratifying the Application for and Authorizing the Acceptance of, if Awarded, the Fiscal Year 2010 Recovery Act: State Justice Assistance Grant for $168,338.00 in Funding from the Office of the Governor's Criminal Justice Division; Adopting Resolution No. 3805-10- 2009 Authorizing the Application for and Acceptance of the Grant Funds from the Fiscal Year 2010 State Justice Assistance Grant and the Making of Assurances Required by the Criminal Justice Division of the Governor's Office; and Adopting Appropriation Ordinance No. 18880-10- 02009 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant for the Purpose of Purchasing Equipment to Assist in Targeting Violent Serial Offenders. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 9 of 20 (XII. CONSENT AGENDA Continued) 4.M&C C-23873 - Authorizing the City Manager to Enter Into an Interlocal Agreement with Tarrant County for Tarrant County to Pay the City a Maximum of$60,820.00 for One (1) Public Health Preparedness Position with the City's Emergency Management Office, and Adopting Appropriation Ordinance No. 18881-10-2009 Increasing the Estimated Receipts and Appropriations in the Grants Fund, from Available Funds, for the Fiscal Year 2010 City of Fort Worth and Tarrant County Public Health Preparedness Contract. 5.M&C C-23874 - Authorizing the City Manager to Execute a Consent to a Third Deed of Trust Lien by John L. Dubosque in Favor of Pinnacle Bank for Lease Site E-20 at Fort Worth Spinks Airport. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S-1748 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIV.REPORT OF THE CITY MANAGER B.General 1.It was the Consensus of the Council that MR12r and ci Communication - 73 , Adopt Ordinance Amending Chanter 15, Article II - Gas Drilling and Production to Require City Council Approval for Gas Drilling or Construction of Freshwater Fracture Ponds in Urban Villages, be Continued Until the November 10, 2009, Council Meeting. 2.M&C G-16744 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropria ti s in the Airports Gas Lease Project y $ 7,2 5.2 , t e Aviation Endowment Fund by $87,285.28, the TPW Gas Wells Revenue Fund by $47,524.81, the Park Lease Proiect Fund y $20,593.56, the Park S3:st e m Endowm e y $ 7, , e a a r 'ec Fund by $7,2 80.88,the Water a " Sewer Capital Projects Fund by $ ,2 5.41 and e Water and Sewer e nt Fund bl_$1,189.27 and ecre s e Unreserved, Undesignated Retained Earnings bl the Same Amount, for te Purpos e of Transferring Said s to the General in the Amount of $302,809.00 to ver Administrative sts for Mineral Leasing Assoc ate with City-Owned Properties. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16744 be approved and Appropriation Ordinance No. 18882-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 10 of 20 3.M&C G-16745 - Authorize the Execution of a Ngg2 bate d_Settlement Agreement with C Lhesapeake Energy for the Construction of Median IMRE2vements with a ProjgKjtq_Cost of $378,136.0 in Lieu of Pavment of Fines Tolgling_$419 200.00, Associated with Illegal ree Removal on Iwo Q 2 Gas Well Sites Under City Ordinance No. 17228-10-2006. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Council Members Burns and Hicks requested Parks and Community Services Director Richard Zavala provide a staff report regarding the proposed settlement. Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and stated the original fine was $419,000.00 and the settlement amount was $378,000.00. He added that Chesapeake Energy, Inc., would be responsible for maintenance of the trees for two (2) years and would replace any dead trees within the maintenance period. He advised that 480 trees would be planted, 400 hardwood trees and 80 ornamental trees and stated that an irrigation system would be used to water the trees. Mayor Moncrief requested clarification of any other fines assessed to gas well operators. Ms. Susan Alanis, Director, Planning and Development Department, clarified that one fine was assessed to a gas well operator and stated that the fine was for a much smaller amount and was paid in full. Council Member Hicks asked Mr. Zavala if the neighborhoods in the area were engaged in the negotiations. Mr. Zavala stated the neighborhood associations were not involved in the negotiations and the City dealt directly with Chesapeake Energy, Inc.; however, some of the neighborhood associations were aware of the situation. Council Member Hicks requested that staff advise all Council Members of ongoing and future negotiations and settlements. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G-16745 relative to the settlement agreement and stated Chesapeake Energy, Inc., should not be negotiating their fine and should pay the fine in cash not in-kind gifts. They also stated that natural gas well companies would continue to disobey rules and regulations if heavy fines were not assessed. They requested that the Council either vote against the item or delay the item until the next night meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 11 of 20 (G-16745 Continued) Mr. Jerry Lobdill, 6336 Darwood Avenue Ms. Esther McElfish, 7112 Martha Lane Mr. Jim Ashford, 6209 Riverview Circle Mayor Moncrief read an excerpt from an email sent by Mr. Lobdill into the record in which he made disparaging and accusatory comments to and about the Mayor and Council Members. Council Member Hicks referenced disparaging emails sent to her and other Council Members expressing personal disapproval and contempt. Mayor Moncrief commented on the written and verbal attacks on various Council Members and encouraged civility. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16745 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 4.MSC G-16746 -Adopt a Resolution Increasing the Maximum Amount to be Paid to Canter & Hanger by $150,000.0 r assisting the City with Legal Issues Including, but ot Limited t , Real Estate Concerning the Southwest Parkw In Fee at $1,400,000.00. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16746 be approved and Resolution No. 3806-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.It was the Consensus of the Council that MR12r and ci Communication - 7 7, Ador)t the Financial Management Policy Statements for Fiscal Year 2009-2010, be Continued Until the November 3, 2009, Council Meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 12 of 20 6.M&C G-16748 -Adopt an Ordinance Adjusting the Tot I Number of Authorized Civil Service Positions in the Police Department; Adding Two (2) Cor oral/Detective Positions and Three Sergeant Positions. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16748 be approved and Ordinance No. 18883-10- 2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C.Purchase of Equipment, Materials, and Services 1.It was the Consensus of the Council that Mayor and Council Communication No. P-1 Authorize a Purchase Amement for Commercial and Residential Demolition Services with Intercon Environmental, Inc., Using a Texas Department of Transportation Purchase Amement for the Code_Compliance Department for an Annual Amount Up to $200 000.00 be Withdrawn from Consideration. 2.M&C P-1 1043 - (Revised) A h rize a Purchase Agree e for Commercial and Residential Demolition Services with Intercon Environmental, Inc., Using Texas Department of Transportation Purchase Agreement No. B182006011343000 for the Code Compliance Der)art ment for an Annual Amount Up to $770,000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P-11043 (Revised) be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC P-11050 - Authorize the Purchase of New Heavy Dutv Trucks Using Texas Association of School Boards Cooperative Co tract No. 281-07 with Southwest International for the Water Department for a Total Amount Up to $821,413.00. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-11050 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 13 of 20 D.Land 1.M&C L-14837 - 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 Hearing and A thorize the Cily Manager to o ve the FolloMing.Parks for Subsurface Drilling and the Extraction of Natural Gas from an Offsite Location: Patricia Le Blanc Park, 6300 Cranbury Cut-Off, Located Southwest of Granbury Road, North West of Granbury Cut-Off Just as of the Terminus of Ca on Crest Drive and Greenbriar Lane; a d Morris Bernel Park, 312 Rosemont Avenue outh of Curzon , Located East of Ridglea Avenue, Avenue, N rth of Rosemont Avenue and West of Fairfield Avenuei ontinued from September 22 2 Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. 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 City rushing into signing minerals leases and the effect it had on citizens attempting to enter into their own lease agreements. Council Member Jordan advised that this item was not awarding a specific contract so he was not required to abstain from voting on the item. Council Member Burdette expressed appreciation to Mr. Lobdill for his comments and stated that when considering mineral leases, timing was important for both parties. He added that timing was not always easy to ascertain at the optimum level and he pointed out that the City does not know when the price of gas would rise or fall. He stated that the City was doing the best possible job to manage the lease agreements and should not be required to base leasing decisions on the other property owners in the area who wished to obtain leases agreement. He advised that he would support moving forward on the item. Council Member Zimmerman stated that this lease had been an ongoing discussion and added that he agreed with Mr. Lobdill in the sense that the City should not rush into lease agreements. He advised that he would move for approval with the stipulation that no lease agreements be entered into without the Council approval. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 14 of 20 (L-14837 Continued) c.Council Action Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14837 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC L-14869 - Authorize the Direct Sale of a Tax-Foreclosed Property Located at 2123 Bethune Street, Descri ed as Block 2, 7 Stallcups it Filing Addition, Fort Worth, Texas, to Juanita Gibson in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $5,870.42; and Authorize the City Manager,or His Designee, to Execute and Record the Appropria e Instruments Conve nti d from October 20 Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. L-14869 be continued until November 3, 2009, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC L-14879 - Reiect the Accer)tance of a Lease Amement for Natural Gas Drilling Under 57.787 Acres More or Less of Ci -Owned Properties Kn wn as Como Park to Grande En Companv, [or_a J _Two_L2 Year Pri mary Term; and Authorize Staff to Re-advertise or Negotiate _ the Project at a Future Time. 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.) Council Member Burdette explained the reason for rejecting the agreement and stated that the two (2) companies were attempting to work together but did not acquire enough leases to put together a drilling unit. He added that rejecting the lease agreement was within the City's rights and starting over was the best option. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. L-14879 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Jordan returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 15 of 20 F.Award of Contract 1.M&C C-23842 - Adopt an Appropriation rdinance Increasing th Estimated Receipts and Appropriations in the Storm Water Utility Fund in the Amount of $541,723.00 and Decreasi the Unreserved, es ate Fu d Balance by the Same Amount, for the Purpos of Providi Additional Funds for to rate Program Management,Phase 3; an ADDroDriation Ordinance cre si t he Estimated Receipts and A ro riations in the Park Gas Well Lease p Fund in the Amount of $98,494.00, from Available Funds,for the Purpose of Providing Additional Funds for and Authorize the City Manner to Execute a Professional Services Agreement with CH2 11 in the Amount of $4,399,108.00 (Continued from October 13, 2009}. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23842 be approved and Appropriation Ordinance Nos. 18884-10-2009 and 18885-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.M&C C-23875 - Authorize the Renewal of a Sole Source Agreement with Skire Inc.,to Outsource tLLZosting of the Unifier Applic tion for the City's Capital Projects Managem nt System for an Annual Amount of $110,000.00; and Authorize the Agreement to Begin Upon Execution and Expire September 30, 2010, with Options t o Renew for Two (2) A dditional One (1)Year Periods. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23875 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC C-23876 - Authorize the City Manner to Execute Professional Services Agreements for Technology Staffing and Placement Services with Digital Intelligence Systems Corporation, Hudson Highland Group, Inc., Matrix Resources, Inc., and Sentari Technologies, Inc., for the Inform a ec y s e art e at an Annual,,Expenditure,,of,,Upto $968,725..00 Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23876 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 16 of 20 4.M&C C-23877 - Authorize an Amendment to Extend thtAgreement with TEKaIlLms,.Inc., for Technology Staffing Augmenta ion for the Information Technolo an Amount Not to Exceed $600,00 as Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23877 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.MSC C-23878 - Authorize the City Manager to Enter into a Non-Exclusive Three 31 Year Professional Services Amement in an Amount Not to Exceed $105 000.00, with Obsects Conservator John R. Dennis for Maintenance and Conservation Treatment of Various Artworks in the Fort Worth Public Art Collection. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23878 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6.M&C C-23879 - Authorize the City Manner to Submit the Following Grant Atmfications to the North Central Texas Council of Governments_±NCTCOGI_in the Total Amount of $200 982.00 for the Purpose of Funding Certain Programs and Projects: Environmental Management Department will be A Mplyin&for a Grant to Fund the ontiers for Gateway Park" Proiect L$32,6 50.00-_CodeComr)liance Department will be Applying for a Grant to Fund the Following Projects "Real Time Illegal Dumping Video Surveillance Systems" - $1010.0000. "Illegally Dumt)ed Tires Investigation Officer" - $158,332.00; Authorize the City Manager to Accept and Execute Contracts with the NCTCOG, if Awarded; Authorize the Use of $1,600.00 from the Solid Waste Enterprise Fund (PE64) and $16,880.00 from the General Fund as in-Kind Matching F nds for the Grants; and Adopt an Appropriati n Ordinance Increasing the Estimated Receipts and Atmropriations in the Grants Fund in the Amount of $219,462.00, Upon Recei t of Grants from the NCTCOG. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23879 be approved and Appropriation Ordinance No. 18886-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 17 of 20 7.M&C C-23880 - Authorize the Use of Revenue Derived from Gas Well Drilling on City- Owned Air Q2its jfl_j!je Amount of$281471.00 for the Demolition and Asbestos Abatement of 18 ProDerties Ad'ace nt to Fort Worth Alliance Air Dort; A an AivroDriation Ordinance ifliEgaliaLthe Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund, from Available Funds, for the Purpose of Transferring Said Funds to the Municipal Airp rts Fund; Authorize the Transfer froqL_Lhe Air its as Lease Proiect Fund to the Municip I .rdinance Increasing t e Estimated Receipts and Appropriations in the Municipal Airports Fund, from Available Funds; and Authorize the City Manager to Execute an Agreement with Intercon Environmental, Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23880 be approved and Appropriation Ordinance No. 18887-10-2009 and Supplemental Appropriation Ordinance No. 18888- 10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 8.MSC C-23881 - Conduct a Public Hearing Regarding the Application for a Grant from the Fiscal Year 2009 Edwar yr e emorial Justice Assistance Grant Formula Program to A low the Public an Opportunity to Comment as Required Under the Grant Atmlication; Authorize the City Manager to Ratify the Application for and to Accent, if Awarded, a Grant from the United States Der)artment of Justice, Office of Justice Programs, Bureau of Justice Assistance, Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant Formula, Not to Exceed $961,198.00,Authorize the City Manager to Execute a Memorandum of Understanding with Tarrant County and Cities Located within Tarrant County to Designate the City of Fort Worth as the Cognizant Fiscal Agency for the Purpose of Administrating rant and the Manner in which the Grant Money will be Disbursed and Utilized; Authorize the Use of Anticipated Interest in the Amount of $16,000.00; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropri tions in the Grants Fund in the Amount of$977,198.00, U on Receipt of the Grant for the Purpose of Supporting a Broad Range of Activities to Prevent Crime and to Improve t he Criminal Justice Sys em. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.BgR2LL2LLjL_aLaff Ms. Sasha Kane, Senior Contract Compliance Specialist, Police Department, appeared before Council and provided a staff report. b.Citizen Presentations There were no citizen presentations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 18 of 20 (C-23881 Continued) c.Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the public hearing be close and Mayor and Council Communication No. C-23881 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. XV.CITIZEN PRESENTATIONS 1.Mr. Joe Don Brand ffice Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to complaints against the City Manager's Office and investigations and crime being ignored. He also advised that The "T" was holding at meeting regarding routes changes and cancellations tonight at 6:00 p.m. at the Intermodal Transportation Center. Ms. Mary Ellen Blakemore, 1306 Illinois Avenue, appeared before Council relative to the need for street lights and economic development in her area. She stated that the area needed to be cleaned up and rid of crime before reputable economic development would take place. Council Member Hicks requested Ms. Blakemore meet with District 8 Aide Will Trevino to schedule a meeting with Council Member Hicks, and Assistant City Manager Tom Higgins. She also advised that Director Jay Chapa, Housing and Economic Development Department, would make a presentation regarding future economic development projects in the area at the District 8 Town Hall meeting on November 7, 2009. Mr. Rueben Mendoza, 1100 Woodhaven Boulevard, appeared before Council relative to unsafe areas near Woodhaven Boulevard and Brentwood Stair Road (Family Dollar Store) and stated there was no easement to gain access to the Dollar Store from behind the store area. He indicated they had fenced off the area, thus children and others were using the top of a drainage culvert to cross onto the Dollar Store property. He stated this situation was unsafe for children and elderly. He pointed out that the lighting in and around the area was poor and hazardous. He also advised that he dug up two (2) ground cable wires in his daughter's yard and stated they were only buried approximately six (6) inches underground. He added that he was easily able to pull the entire wire out of the grass throughout the backyard. He stated Code Compliance Officers had been to the property but no remedy was provided. Mayor Moncrief requested City staff meet with Mr. Mendoza regarding these issues. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 19 of 20 (XV. CITIZEN PRESENTATIONS Continued) Mr. Joe Waller, 2533 Castle Circle, representing Lake Worth Alliance, appeared before Council relative to preservation of park land in the Lake Worth area and the development of a park in Phase 11 of the Master Plan that would lead from downtown Fort Worth to the Lake Worth area. XVL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) It was the consensus of the City Council that they recess into Executive Session at 12:22 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, Inc., d/b/a Trinity Waste Services v. City of Fort Worth Texas, Cause No. 153-231908-08; b)Legal issues concerning proposed mutual aid agreement with Houston; c)Legal issues concerning collective bargaining with the firefighter's union; d)Legal issues concerning Greg Cocke Worker's Compensation claim 09-000329; e)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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 27, 2009 PAGE 20 of 20 XVII.ADJOURNMENT There being no further business the meeting was adjourned at 12:45 p.m. in memory of Mayor Moncriefs friend and colleague, former Texas Senator and Ambassador to Sweden, Mr. Teel Bivens who passed away on October 26, 2009. These minutes approved by the Fort Worth City Council on the 3rd day of November, 2009. Attest: Approved: Marty Adrix Michael J. Moncrief City Secretary Mayor