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HomeMy WebLinkAbout2008/06/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 City Staff Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:19 p.m. on Tuesday, June 10, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Brother Paul McMullin, Saint Bartholomew Invocation Catholic Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief advised that since so many citizens were present in the Council Chamber to address the Council relative to the adoption of the Ten-Year Homelessness Plan, it was his intent to move this public hearing forward on the agenda. He added that the public hearing would be presented after Council action was taken on the resolutions reflected as Items XIII and XIV on the published agenda. Agenda Item IV Upon a motion of Mayor Pro tem Hicks, seconded by Council Member Silcox, Approval of the minutes of the regular meeting of June 3, 2008, were approved unanimously Minutes nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for X-Fighters International Special Freestyle Motorcross Week to Mr. Brad Bannister, Red Bull Manager, Fort Presentations Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 2 of 22 Agenda Item V Mayor Pro tem Hicks presented a Proclamation for Darrent Williams (Continued) Foundation Day to Ms. Rosalind Williams, Darrent Williams Foundation Executive Director. Council Member Espino presented a Certificate of Recognition to Mr. Neftali Ortiz for his service on the Urban Design Commission, for the period September 27, 2005, through May 13, 2008. City Secretary Hendrix stated that the following individuals were unable to attend the Council meeting this evening and would be mailed their Certificates of Recognition: Mr. Michael Coulter, Mayor's Committee on Persons with Disabilities, for the period December 22, 2006, through May 23, 2008. Ms. Sandra Stanford, Mayor's Committee on Persons with Disabilities, for the period June 12, 2007, through April 30, 2008. Ms. Karen Forbis, Mayor's Committee on Persons with Disabilities, for the period October 12, 2004, through May 6, 2008. Ms. Carolyn Bell, Housing Authority of the City of Fort Worth, for the period December 22, 1994, through April 30, 2008. Ms. Elizabeth Tindall, Board of Adjustment — Commercial, for the period June 20, 2006, through May 6, 2008. Agenda Item VI Mayor Pro tem Hicks announced that the 90th Anniversary of the Greater Fort Announcements Worth Association of Realtors would be conducted on June 11, 2008, to debut their new and improved office building. She recognized several members of the Association in the audience and pointed out that Council Members Moss and Burns were also realtors. She also acknowledged the passing of a wonderful woman, Mrs. Hazel Harvey Peace on June 8, 2008. She added that Mrs. Peace was a beacon of decorum, a mentor and friend who guided her for pushing of the redevelopment of southeast Fort Worth and that it was ironic that the opening of Ella Mae Shamblee Library would occur this week. She asked that the meeting be adjourned in honor of Mrs. Peace. She also announced that the grand opening of the Ella Mae Shamblee Library would be conducted on June 13, 2008, from 5:30 p.m. to 10:00 p.m. and added there would a number of events at the Evans Avenue Plaza just south of downtown to celebrate the opening. She added that the library would be a wonderful gateway and a fitting tribute to a wonderful, extraordinary lady. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 3 of 22 Agenda Item VI Council Member Scarth recalled when Mrs. Peace read to the Council in the (Continued) Council Chamber about a year ago and stated that she would be missed. He acknowledged that on June 5, 2008, the City had the U.S. Women's Olympic Softball team at Gateway Park where over 6,300 people attended the event, complete with fireworks at the end of the evening. He commended the efforts of the Parks and Community Services for their efforts. He stated that the IRL Races were held at the Texas Motor Speedway over the weekend and that over 80,000 people attended the races. He expressed appreciation to the Police and Fire Departments for their work in crowd control and being prepared for any emergency. Council Member Espino announced that the Far Greater North Side would conduct its Juneteenth Celebration on June 13, 2008, at La Grave Field, at 7:00 p.m. She also announced that on June 14, 2008, the Far Greater North Side would have a parade starting at 10:00 a.m. at Shiloh Missionary Baptist Church followed by a picnic at Lincoln Park. He added that on June 21, 2008, two events would be held—Partners for Sacred Places would host a workshop on looking at historic religious buildings at Trinity Lutheran Church, 3621 Tulsa Way, starting at 8:15 a.m. He added that for more information interested individuals could call (817) 965-5072; and a Citizens Naturalization Workshop would be conducted at All Saints Catholic Church beginning at 8:00 a.m. He also announced that on June 12, 2008, the City would conduct a Housing Summit at the Botanic Garden Center beginning at 8:00 a.m. that would focus on home ownership. Mayor Moncrief pointed out that Mrs. Peace really loved the City but that her deepest love was for the children and how important it was for them to get a good education and read. He added that Mrs. Peace had a profound ability to say something that would positively affect people and stated that she would be missed. He pointed out that Mrs. Peace was one of the most influential women in the City and that she had left a legacy to be emulated. Council Member Silcox dispelled rumors relative to why he had missed the June 3, 2008, Council meeting. He stated that it was well known that he had been battling cancer; however, the rumors that were circulating about he only having 12 months to live were greatly exaggerated. He apologized for missing last week's meeting and for any future meetings he may miss while receiving treatment at M.D. Anderson in Houston. He pointed out that he was sincerely grateful for his service on the City Council and expressed appreciation for the support of the Council, his constituents and most of all, his wife. He assured everyone that he would be seeking another term on the Council next year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 4 of 22 Agenda Item VI Mayor Moncrief commended Council Member Silcox on his comments and (Continued) added that it took a lot of courage to express to the citizens present in the Council Chamber and those citizens listening, what he was experiencing. He added that the comments were testament to Council Member Silcox's strength, not weakness and by witnessing that he shed a tear during his comments proved that he was human. Agenda Item VII City Manager Fisseler requested that Mayor and Council Communication Nos. Withdrawn from P-10798 and C-22840 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX City Secretary Hendrix advised the Council that OCS-1664 as reflected on the Consent Agenda Consent Agenda, should have been numbered OCS-1665. Upon a motion made by Council Member Silcox, seconded by Council Member Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: (See subsequent reconsideration on page 12) OCS-1665 M&C OCS-1665 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-16163 M&C G-16163 — Authorizing the Water Department to provide water and Provide Water and sewer service at 1.25 times the retail rate to Mr. Pete Chiofalo of Hillside Sewer Services to Community Church for the future Hillside Community Church located at Hillside Community 9915 Ray White Road located just west of Ray White Road and at the southeast Church at 9915 Ray corner of Thurman Road in Tarrant County, Texas, outside of the Fort Worth White Road City limits; pursuant to City Code Section 35-60B "Uses Outside City"; and authorize the City Manager to execute an agreement for such services. G-16164 M&C G-16164 — Authorizing Personal Service Agreements with various Ord. No. 18132-06- individual class instructors as specified on the Fiscal Year 2008 Contract 2008 Instructor's list for the Parks and Community Services Department for Fiscal Personal Service Agreements with Year 2008 and authorizing five one-year renewal periods; authorizing the Parks Various Class and Community Services Department to add or remove instructors as needed in Instructors for Parks accordance with the approved terms of the Personal Service Agreement; and and Community adopting Appropriation Ordinance No. 18132-06-2008 increasing estimated Services Department CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 5 of 22 G-16164 receipts and appropriations in the Special Trust Fund in the amount of (Continued) $132,600.00 from fees collected for the purpose of authorizing Personal Service Agreements with various individual class instructors for the Parks and Community Services Department. P-10797 M&C P-10797 — Rescinding an award recommendation for a purchase Rescind Purchase agreement with Verizon Business Network Services, d/b/a Verizon, INX, Inc., Agreement With for computers and computer peripheral equipment for the Information Verizon Business Technology Solutions Department. Network Service d/b/a Verizon, INX, Inc. L-14569 M&C G-14569 — Authorizing the acquisition of one vacant lot, described as Acquisition of 3102 Decatur Avenue, Lot 5, Block 6, Shoe and Leather Company, an addition Vacant Lot at 3102 to the City of Fort Worth, Tarrant County, Texas; finding that the price agreed Decatur Avenue upon in the amount of$3,500.00, plus estimated closing costs of$1,500.00 is just compensation; and authorizing the City Attorney to execute and record the appropriate documentation to acquire fee simple interest in the surface estate, but not the mineral estate, of the property. (DOE No. 4623; Project No. 0084). L-14570 M&C L-14570 — Authorizing the conveyance of one electric utility and right- Conveyance of one of-way easement described as being a 0.059 acre of land, Block 3, Meacham Electric Utility and Airport, Fort Worth, Texas, to Oncor Electric Delivery Company on City Right-of-Way property located at Lease Site No. 52-S, 4051 Lincoln Avenue at Meacham Easement International Airport (DOE No. 5265). L-14571 M&C L-14571 — Authorizing dedication of right-of-way for public use for Dedication of ROW Sedona Street located in South Fort Worth, and authorizing execution of a for Sedona Street Dedication Deed (DOE No. 5192). L-14572 M&C L-14572 — Authorizing the City Manager to execute a purchase Acquire Property at agreement with Eagle-Harris Parkway II, L.P. and any other necessary 6601 Harris documents related to the purchase of the real property located at 6601 Harris Parkway for SH 121 parkway, (0.175 acres, more or less, being a portion of Lot 1, Block 5 of Rial Ranch North Addition) for the right-of way for the Southwest Parkway, State Highway 121 (SH 121); and authorizing the payment of$90,000.00 to Eagle- Harris Parkway II, L.P., for the purchase of such property and $2,500.00 in estimated closing costs associated with the purchase and authorizing the acceptance and recording of appropriate documents (DOE No. 3777) (Corrected"Rial" to "Rall" Ranch. See page 12). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 6 of 22 C-22839 M&C C-22839 — Authorizing a sole source purchase agreement for the Texas Engineering Jurisdictional Enhanced Incident Management Unified Command Course from Extension Service Texas Engineering Extension Service for the City of Fort Worth Emergency Operations Center User's Group for $140,000.00 with payment due thirty days after completion of course. C-22841 M&C C-22841 — Authorizing the City Manager to apply for, accept, and Ord. No. 18133-06- execute if awarded, a grant from the United States Department of Health and 2008 Human Services to implement Early Childhood Outreach Programs in two U.S. Department of locations in the amount of$191,593.00; authorizing a waiver of indirect costs; Health and Human and adopting Appropriation Ordinance No. 18133-06-2008 increasing Services estimated receipts and appropriations in the Grants Fund in the amount of $191,593.00 subject to receipt of a grant from the U.S. Department of Health and Human Services to implement activities of an Early Childhood Resource Center Program. C-22842 M&C C-22842 — Authorizing the City Manager to execute Amendment No. 1 Amendment No. I to to the Community Facilities Agreement with Waterview Estates, L.P., City CSC No. 33575 Secretary No. 33575, to extend the termination date of the agreement. Community Facilities Agreement C-22843 M&C C-22843 — Authorizing the City Manager to execute Change Order No. 1 Change Order No. I in the amount of$41,278.97 to City Secretary Contract No. 32371 with PAEE to CSC No. 32371 Engineering Company for the Sidewalk Contract-Group 3 Second Renewal. PAEE Engineering Company C-22844 M&C C-22844 — Authorizing the City Manager to execute a Contract with Con-Real, Inc. Con-Real, Inc., in an amount not to exceed $60,000.00 for professional real estate appraisal services for right-of-way acquisitions associated with the 2004 Capital Improvement Plan/Contract 43 Jeff Street (North Sylvania Avenue to Nelson Avenue) and Nelson Avenue (Bird Street to Dalford Street) located in Central Fort Worth(DOE No. 5441, Project No. 00443). C-22845 M&C C-22845 — Authorizing the City Manager to enter into an Encroachment Oncor Electric on Easement Agreement with Oncor Electric Delivery Company for the Delivery Company extension of North Calhoun Street, located in the Central Business District, at no cost to the City (DOE No. 4537). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 7 of 22 C-22846 M&C C-22846 — Authorizing the transfer of $50,582.00 from the Water and Ord. No. 18134-06- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 2008 Amendment $50,582.00; adopting Appropriation Ordinance No. 18134-06-2008 increasing No. 2 to CSC No. the estimated receipts and appropriations in the Water Capital Projects Fund in 33868 the amount of$50,582.00 for the purpose of executing Amendment No. 2 to the TranSystems engineering agreement with TranSystems Corporation d/b/a TranSystems Corporation, d/b/a TranSystems Corporation Consultants for Water and Sanitary Sewer Replacement Contract Corporation 2005 WSM-K; and authorizing the City Manager to execute Amendment No. 2 Consultants to City Secretary Contract No. 33868 with TranSystems Corporation, d/b/a TranSystems Corporation Consultants, in the amount of $43,582.00 for additional engineering services for Water and Sanitary Sewer Replacement Contract 2005 WSM-K on portions of Chilton Street, Milam Street, Major Street, Mims Street, Kerr Street, Lancaster Avenue, Rand Avenue, Raton Drive, Broadmoor Place and Santa Fe Trail, thereby increasing the contract amount to $231,220.00 (City Project No. 00401). The motion carried. End of Consent Agenda. Agenda Item X Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Ms. Regina J. Blair be appointed to the Capital Improvements Plan City Council- Advisory Committee effective June 10, 2008. The motion carried unanimously Appointments nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution creating and appointing members of the Trust Res. No. 3624-06- Advisory Council for the Fort Worth permanent fund and acknowledging the 2008 appointment of the initial Chair and Vice Chair of the Trust Advisory Council Establish Trust effective June 10, 2008, and with terms expiring as follows: Advisory Council PLACE NAME EXPIRATION OF TERM 1 Homer Dowd (Chair) May 31, 2011 2 Andrew Rosell May 31, 2010 3 Pat Evans May 31, 2011 4 Ron Casey May 31, 2010 5 Bert Williams May 31, 2011 6 John Robinson (Vice Chair) May 31, 2010 7 Linda LeBeau May 31, 2011 8 Arveda Lewis May 31, 2010 9 Thomas P. Lang, Jr. May 31, 2011 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 8 of 22 Agenda Item XIII City Manager Fisseler advised the Council that a minor correction had been (Continued) made to the resolution and a copy placed at their position on the dais. Council Member Silcox made a motion, seconded by Council Member Burns, that Resolution No. 3624-06-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV There was presented a resolution approving the amended and restated bylaws of Res. No. 3625-06- the Fort Worth Housing Finance Corporation. 2008 Amending and Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, Restating Bylaws of that Resolution No. 3625-06-2008 be adopted. The motion carried the Fort Worth unanimously nine (9) ayes to zero (0) nays. Housing Finance Corporation Public Hearing XVI It appeared that the City Council set today as the date to consider adoption of a Consider Adoption ten-year homelessness plan. Mayor Moncrief opened the public hearing and of Ten-Year asked if there was anyone present desiring to be heard. Homelessness Plan Mr. Otis Thornton, Human Services Coordinator for the Planning and Development Department, appeared before council and provided a staff report. He introduced Reverend Brooks Harrington, Chair of the Mayor's Advisory Commission on Homelessness, who emphasized the hard work undertaken by members of the Commission to produce the Ten-Year Homelessness Plan. He acknowledged members of the Commission, several who were in attendance at the meeting, and added that this effort was an example of government at its best. Mayor Moncrief expressed appreciation to the Commission for their hard work and the time it took away from their jobs and families. He assured them that the product they produced would benefit the City for many years to come. Mr. Roy Brooks, Commission member and Tarrant County Commissioner, expressed appreciation to the Council for recognizing the many contributions of Mrs. Peace. He also pointed out to Council Member Silcox that his constituents were praying for him. He advised that the Tarrant County Commissioners Court passed a resolution this morning with the following caption: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 9 of 22 Public Hearing XVI RESOLUTION IN SUPPORT OF THE CITY OF FORT WORTH MAYOR'S (Continued) ADVISORY COMMISSION ON HOMELESSNESS 10-YEAR PLAN TO END CHRONIC HOMELESSNESS: `DIRECTIONS HOME: MAKING HOMELESSNESS RARE, SHORT-TERM AND NON-RECURRING IN FORT WORTH WITHIN TEN YEARS" He read the remainder of the resolution into the record and expressed appreciation to the Council for the privilege of serving on the Mayor's Advisory Commission on Homelessness. The following individuals appeared before Council in support of the Ten-Year Homelessness Plan. They commended the Council and Commission for their efforts on this issue and added that Fort Worth was one of the remaining large cities to not have a homelessness plan. Comments were presented relative to what services various homeless shelters in the City provided and the need to ensure that the plan contained provisions to combat illiteracy, provide health care and opportunities for temporary labor. Supporters of the plan also expressed concern that services be provided for veterans, felons and the mentally ill as the homeless population was also comprised of persons from this demographic. They also stated that the United Way, Fort Worth Independent School District (FWISD) and Tarrant County College (TCC) needed to be part of the plan as these entities could provide valuable resources to educate the homeless. They pointed out that having Police Substations near shelters would deter crime and that mentoring programs for individuals starting over would be extremely beneficial. Carol Klocek, Ms. Carol Klocek 2400 Cypress Steve Dutton, (Executive Director, Presbyterian Night Shelter) Carolyn Shofner, Mr. Steve Dutton 500 Throckmorton Street#2410 Monte Woods, (Executive Director, Samaritan House) Erin Ferris, Ms. Carolyn Shofner 2400 Cypress Trudy Davis, Mr. Monte Woods 1415 East Lancaster Antonio Morales, Ms. Erin Ferris Austin, TX Jan Fersing, (Represented Texas Department of Housing and Community Affairs) Rebecca Shivone, Ms. Trudy Davis 1415 East Lancaster Lynne Curran, Susan Cockrell, Mr. Antonio Morales 5551 Vega Drive Bruce Frankel, (National Commander of the American GI Forum) Andy Taft, . Jan Fersing 3300 Trailwood Drive Michael Evans Ms. Rebecca Shivone 1737 North Edgewood Terrance Ms. Lynne Curran 7308 Briley Drive, North Richland Hills, TX (Citizen Advocates for the Persistently and Severely Mentally Ill) Ms. Susan Cockrell 1201 East 13th Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 10 of 22 Public Hearing XVI Mr. Bruce Frankel 1415 East Lancaster (Continued) (Executive Director, Day Resource Center for the Homeless) Mr. Andy Taft 777 Taylor Street (Represented Downtown Fort Worth, Inc.) Mr. Michael D. Evans 2400 Cypress Street Cindy Crain Ms. Cindy Crain, Executive Director of Tarrant County Homeless Coalition, Weatherford, Texas, appeared before Council on behalf of Mr. Gary Cannon. She advised of the video Mr. Cannon had produced relative to the Hope Housing and Faith event and added that he was also putting together a series of videos relative to the Ten-Year Homelessness Plan. She added that the first excerpt of the series was located at www.AHomeWithHope.org under the link "Directions Home, Voices for the Homeless." She invited the Council to view the videos that would have homeless people specifically addressing action items in the 10-Year Homelessness Plan and expressing how those items relate to homelessness. Mayor Moncrief assured the speakers that the plan contained provisions that addressed opportunities and services for homeless citizens from all populations. He pointed out that the United Way was a major player in the homelessness effort as well as FWISD, TCC and Texas Workforce Development Board. Council Member Scarth stated that he was thrilled with the work that had been done on the homelessness plan and the cooperation of everyone to get the plan completed. He added that he wanted to be sure that one message was not misunderstood and that the plan was not an indictment of some of the providers that had been doing God's work every single day for a long time, e.g., Presbyterian Night Shelter, Union Gospel Mission, Samaritan House and Day Resource Center. He clarified that it was really an indictment of the City and the City's lack of engagement of funding things that the City could have done through better coordination. He added that the Council, City and people of God appreciated the efforts of the providers who had been doing this work for many years. Mayor Pro tern Hicks stated that it had been a pleasure to work with a number of organizations represented in the Council Chamber. She added that her hope and wishes, and the hope of the Council, was that the Ten-Year Homelessness Plan not be another document that collected dust on a shelf somewhere in the City, but a true and on-going commitment from everyone. She also added that it was vitally important that the City used the plan as presented to address homelessness in the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 11 of 22 Public Hearing XVI Council Member Espino acknowledged everyone who attended the meeting (Continued) today to provide support of this issue. He added that as Chairman of the Mayor's Advisory Task Force for Quality Affordable Accessible Housing, the task force had also provided a plan as well for permanent supportive housing and would be working with the Mayor's Advisory Commission on Homelessness to fund the program. He pointed out that the plan was an historic document as every human being had the right to be treated with respect, dignity and compassion and that Fort Worth was all about community. He also acknowledged the leadership of Mayor Moncrief and all the members of the Commission. Council Member Jordan stated that the City talked about growth and the needs that would be required by that growth, e.g., roads and infrastructure improvements and that it never ceased to amaze him how the City worked together to address various issues that impacted the community. He commended the work of the Commission and added that the plan was a good piece of work. He further stated that he looked forward to working with everyone to provide housing for everyone. Council Member Burdette commended the eloquence of the speakers and added that he hoped that their dedication and caring to this issue would carry forward as the plan was put into effect for years to come. He pointed out that the City missed an opportunity years ago and hoped that the City took this opportunity to put people back to work and in society that the City had failed to do over the years. He expressed appreciation to the Commission and added that he looked forward to adopting the plan next week. Council Member Silcox stated that he had a direct connection with someone who had lived off and on at the Presbyterian Night Shelter for the past 10 to 15 years. He explained his experience and expressed concern for the plan to include provisions for counseling and other available services. He added that his brother deserved that consideration. Mayor Moncrief stated that the City had learned three things and three things were strongly reflected in the plan: 1. Housing without services for such things as alcoholism, drugs or mental health would not work. 2. Services without housing would not work. 3. Doing nothing would not work. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 12 of 22 Public Hearing XVI He added that the concerns expressed by Council Member Silcox had been (Continued) addressed in the plan and that it would take everyone's commitment to implement the plan effectively for the sake of everyone who found themselves in a homelessness situation for whatever reason. He informed the audience that Council would take action on this issue at the Council meeting of June 17, 2008, at 10:00 a.m. Reconsideration of Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, Consent Agenda that the Consent Agenda be reconsidered. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox stated paragraph 1, line 3 of the Recommendation section of Mayor and Council Communication L-14572 needed to be corrected to reflect the spelling of"Rial" Ranch to "Rall" Ranch. Council Member Silcox made a motion, seconded by Council Member Burdette, that the reconsideration of the Consent Agenda be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-16165 There was presented Mayor and Council Communication No. G-16165 from Partial Approval of the City Manager recommending that the City Council approve the applications Historic Site Tax from multiple property owners for partial approval of the Historic Site Tax Exemption Exemption for properties located at 2255 8th Avenue, 2141 Pembroke Drive, 1506 Elizabeth Boulevard, 2404 Willspoint Court, and 2201 Edwin Street. City Manager Fisseler stated that the M&C needed to be amended to delete 2404 Willspoint Court from consideration for the tax exemption. Council Member Burns made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16165 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16166 There was presented Mayor and Council Communication No. G-16166 from Receive Petition and the City Manager recommending that the City Council receive the petition for Accept Application re-establishment of the Fort Worth Public Improvement District No. 8 for the for Re- Camp Bowie Boulevard Area; accept the application fee of$150.00 to be used Establishment of by the City staff for petition verification and establishing a proposed assessment Public Improvement roll; direct the City Manager and City Attorney to review the petition to District No. 8, Camp Bowie determine whether the petition includes the necessary signatures and meets the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 13 of 22 G-16166 Government Code (the Public Improvement District Assessment Act); and (Continued) schedule the petition for further consideration at a future City Council meeting. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16167 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16167 There was presented Mayor and Council Communication No. G-16167 from Pay Relocation and the City Manager recommending that the City Council authorize payment of up Moving Expenses to $275,000.00 for relocation and moving expenses to Howell Instruments, as a for Right-of-Way displaced business, from 3479 West Vickery Boulevard, in the Vickery for Southwest Corridor, Parcel No. 51, for right-of-way for the Southwest Parkway Project Parkway Project (DOE No. 3777). Council Member Burns made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16167 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16168 There was presented Mayor and Council Communication No. G-16168 from Ord. No. 18135-06- the City Manager recommending that the City Council authorize the City 2008 Manager to apply for and accept, if awarded, a grant from the Recreational Accept Grant from Boating and Fishing Foundation in the amount of $68,459.00 to grow and/or Recreational enhance recreational boating and fishing participation in Fort Worth and the Boating and Fishing North Central Texas area; authorize the City Manager to apply for and accept, Foundation if awarded, a grant from the Recreational Boating and Fishing Foundation in the amount of $10,000.00 to grow and/or enhance recreational boating and fishing participation in Fort Worth and the North Central Texas area; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount up to $78,459.00, subject to receipt of grant in the amount up to $68,459.00 and $10,000.00 from the Recreational Boating and Fishing Foundation, to grow and/or enhance recreational boating and fishing participation in Fort Worth and the North Central Texas area. (Council Member Silcox left his place at the dais.) Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16168 be approved and Appropriation Ordinance No. 18135-06-2008 be adopted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 14 of 22 G-16168 Council Member Burns stated that he was at the Greenbriar Community Center, (Continued) the recipient of the award, this week and acknowledged Mr. Shane Mize, Community Center Director. He pointed out that Mr. Mize found the grant on- line and made application for the grant and added that the community center was one of only ten in the whole state of Texas to receive this grant. He stated that Mr. Mize went to the community and inquired about stocking the lake with fish and added that the first stocking of the lake occurred this week. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. G-16169 There was presented Mayor and Council Communication No. G-16169 from Accept Donation the City Manager recommending that the City Council accept a donation from from Fort Worth the Fort Worth Botanical Society valued at $205,000.00 to replace the northeast Botanical Society gate and fence in the Japanese Garden. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16169 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16170 It appeared that the City Council set today as the date for a public hearing to Public Hearing adopt the proposed amendment to the Master Thoroughfare Plan, MT-08-003. Amendment to Mayor Moncrief opened the public hearing and asked if there was anyone Master present desiring to be heard. Thoroughfare Plan, MT-08-003 Mr. Mark Rauscher, Transportation Manager, Transportation and Public Works Department, appeared before Council, provided a staff report and called attention to Mayor and Council Communication No. G-16170 as follows: There was presented Mayor and Council Communication No. G-16170 from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan, MT-08-003, to realign future Rendon Road from south of Burleson Retta Road south and east to the intersection of FM 2728 and Retta Mansfield Road, designate FM 2738 as a major arterial, and realign future Burleson Retta Road to intersect with existing Rendon Road north of the existing intersection. There being no one present desiring to be heard, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-16170 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 15 of 22 P-10798 There was presented Mayor and Council Communication No. P-10798 from the Microchips for City Manager recommending that the City Council authorize a purchase Domestic Animals agreement for microchips for domestic animals from Schering-Plough Home Again, LLC., for the Public Health Department, Animal Care and Control for an amount not to exceed $44,955.00 Mark McLean Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, as desiring to address the Council in opposition of this issue; however, Mr. McLean was not present in the Council Chamber. Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. P-10798 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. L-14573 There was presented Mayor and Council Communication No. L-14573 from the Condemnation of City Manager recommending that the City Council authorize condemnation of ROW Easement at one right-of-way (ROW) easement and declare the necessity of taking an 200 Golden Triangle interest in a portion of land known as Tract 8A, J. Billingsley Survey, Abstract Boulevard No. 70, Tarrant County, Texas, owned by Athletic Village of Keller at 200 Golden Triangle Boulevard located in north Fort Worth for the construction of Golden Triangle Boulevard improvements; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land (DOE No. 5773). Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-14573 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. (Council Member Silcox returned to his place at the dais.) C-22840 There was presented Mayor and Council Communication No. C-22840 from the Ord. No. 18136-06- City Manager recommending that the City Council authorize the City Manager 2008 to accept a grant of $60,000.00 from the Fort Worth Housing Authority Fort Worth Housing (FWHA) to provide housing counseling and homeownership training and Authority related services to its Housing Choice Voucher Homeownership Program from May 11, 2008, to May 10, 2009; authorize the City Manager to renew the existing contract with the FWHA for $60,000.00 to provide housing counseling, homeownership training and related services to the Fort Worth Housing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 16 of 22 C-22840 Authority Housing Choice Voucher Homeownership Program for the period (Continued) from May 11, 2008, to May 10, 2009; authorize the City Manager to amend, extend, or renew this contract in accordance with City of Fort Worth policies and regulations upon mutual agreement with the FWHA; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$60,000.00, from available funds for the purpose of funding homeownership training and counseling, and related services in the implementation of the Fort Worth Housing Authority's Section 8 Housing Choice Voucher Homeownership Program. City Secretary Hendrix advised that the Citizen Presentation Card on this issue was mistakenly submitted and stated that the individual had made his presentation to the Council during the homelessness public hearing. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22840 be approved and Appropriation Ordinance No. 18136-06-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22847 There was presented Mayor and Council Communication No. C-22847 from the Res. No. 3626-06- City Manager recommending that the City Council adopt a resolution 2008 authorizing the execution of a Local Project Advance Funding Agreement with Texas Department the Texas Department of Transportation for the division of costs and of Transportation responsibilities associated with drainage improvements and median narrowing on East Rosedale Street from IH-35W to US 287 with City participation not to exceed $3,038,723.00 for the design, construction and inspection of drainage improvements at East Rosedale and Sycamore Creek; and authorize payment to Texas Department of Transportation in the amount of$2,660,756.00. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22847 be approved and Resolution No. 3626-06-2008 be adopted with appreciation to City staff The motion carried unanimously nine (9) ayes to zero (0) nays. C-22848 There was presented Mayor and Council Communication No. C-22848 from the NDG Old Denton, City Manager recommending that the City Council authorize the City Manager LLC,HPT Partners, to execute a Community Facilities Agreement with NDG Old Denton, LLC, Riad Nimri and HPT Partners, Riad Nimri and Basem Nimri for the construction of Old Denton Basem Nimri Road from south of Summerfields Boulevard to Thompson Road with City participation in an amount not to exceed $600,000.00; and waive the limitation of Section II, Paragraph 11 of the Policy for the Installation of Community CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 17 of 22 C-22848 Facilities that limits City participation and recommend City participation in (Continued) accordance with Local Government Code 212.072 and the Unit Price Ordinance Nos. 14552 and No. 17967-02-2008. Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22848 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino acknowledged the efforts of Council Member Scarth on this issue and commended the expertise of staff from the Transportation and Public Works Department and Housing Department. C-22849 There was presented Mayor and Council Communication No. C-22849 from the Job Order City Manager recommending that the City Council authorize the City Manager Contractor Alpha to execute a work order in the amount of $220,168.00 with Job Order Building Contractor Alpha Building Corporation to renovate the Riverside Community Corporation Center located at 3700 East Belknap Street. Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22849 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22850 There was presented Mayor and Council Communication No. C-22850 from the Ord. No. 18137-06- City Manager recommending that the City Council authorize the transfer of 2008 $884,061.00 from the Water and Sewer Operating Fund to the Water Capital S.H.U.C.,Inc. Project Fund in the amount of$770,749.00 and Sewer Capital Project Fund in the amount of $113,312.00; adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $770,749.00 and the Sewer Capital Project Fund in the amount of $113,312.00 from available funds, for the purpose of authorizing execution of contract in the amount of $780,986.80 with S.H.U.C., Inc., for Water and Sanitary Sewer Replacement Contract 2004, STM-D (City Project No. 01014); and authorize the City Manager to execute a contract with S.H.U.C., Inc., in the amount of $780,986.80 for Water and Sanitary Sewer Replacement Contract 2004, STM-D on portions of Glen Garden Drive, Atlanta Street and Morningside Drive. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22850 be approved and Appropriation Ordinance No. 18137-06-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 18 of 22 C-22851 There was presented Mayor and Council Communication No. C-22851 from the Fort Worth City Manager recommending that the City Council authorize the City Manager Independent School to execute a lease agreement with the Fort Worth Independent School District District for office space located at 6701 Shelton Street. City Secretary Hendrix noted that this property was located in District 4 and not District 8 as reflected on the M&C. Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this issue. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22851 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, and with one abstention submitted by Council Member Moss. C-22852 There was presented Mayor and Council Communication No. C-22852 from the Vanguard Utility City Manager recommending that the City Council authorize an agreement with Services, Inc. Vanguard Utility Services, Inc., for the acquisition and installation of water meters for the Water Department based on best value, with payments due 30 days from receipt of invoices for: Water Meters $36.10 Each Meter Installation $22.75 Each Junk Meter-In Allowance $1.25 Each Authorize this first renewal agreement to begin May 15, 2008, and expire May 15, 2009, with options to renew for two additional one-year periods; and authorize the City Manager to execute the first renewal of an annual agreement with Vanguard Utility Services, Inc., to install 17,000 meters at a cost of $979,200.00 as Phase II of the Water Department's Meter Replacement Program. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox that Mayor and Council Communication No. C-22852 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 19 of 22 AGENDA ITEM XVII—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-08-067 It appeared that the City Council, at its meeting of June 3, 2008, continued the Approved hearing of the application by American Residential Communities Management Services, LLC, for a change in zoning of property located at 600 Glen Vista Road from Unzoned to "MH" Manufactured Housing. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Council Member Espino made a motion, seconded by Council Member Moss, that the public hearing be closed and Zoning Docket No. ZC-08-067, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Moss, that following ordinance be adopted: ORDINANCE NO. 18138-06-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 20 of 22 Agenda Item XVIII Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to the Citizen Texas Black Workers Awards. He apologized for this subject being reflected Presentations on the agenda and advised that he requested the presentation be rescheduled Joe Don Brandon until July 8, 2008. He stated that he had been informed that the presentation was not an appropriate item to be reflected under Item V, Special Presentations, Introductions, Etc., on the agenda and questioned the basis of that decision. Mr. Brandon also addressed various issues relative to his opposition of the City being called "Little Funky Town", Code violators, red light cameras, homeless community, Police Department sweeps of neighborhoods and the City's efforts to keep labor workers out of the City. Mayor Moncrief cautioned Mr. Brandon on casting aspersions on individual Council Members, City staff or the City. City Manager Fisseler apologized to Mr. Brandon for his presentation being reflected on the agenda. He advised Mr. Brandon that the City needed clarification of the awards he wanted to present and requested he meet with the City Manager's staff to discuss this issue. Mark McLean Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, as desiring to address the Council relative to the type of fluoride used to fluoridate the City's water; however, Mr. McLean was not present in the Council Chamber. Gale Cupp Ms. Gale Cupp, 9225 Heron Drive, Vice President, Lake Worth Alliance, appeared before Council relative to the Lake Worth Alliance "Monster Dash". She commended the Council for recognizing the value of Lake Worth and asked Ms. Deanne Kearney and Ms. Debbie Ballard to join her at the podium. She expressed appreciation to the Parks and Community Services Department and Lake Worth Marshals for their work on the Monster Dash and presented a plaque to Council Member Burdette for his support of the event, along with a collage of pictures from the event. Council Member Burdette expressed appreciation for the plaque and recognized Ms. Cupp as his appointee to the Parks and Community Services Advisory Board. Ms. Cupp also presented Sami Roop, Council Member Burdette's Council Aide, with a bouquet of native flowers for her support of the event. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10, 2008 PAGE 21 of 22 Diane Wood Ms. Diane Wood, 2308 Aster Avenue, appeared before Council in opposition to Urban Gas Drilling. She stated that she was proud of the product from the Mayor's Advisory Commission on Homelessness and added that Hazel Harvey Peace was her idol. She requested that the Council impose a moratorium on gas drilling to protect the City from potential danger. She added that the Council had the responsibility to ensure the safety of its citizens. Mayor Moncrief advised Ms. Wood that the record would reflect she also submitted a Citizen Presentation Card requesting that the Council endorse a resolution to impeach the President and Vice President of the United States. Jim Ashford Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council relative to a proposed gas drill located on Randol Mill Road and Handley Ederville. He asked what he could do to stop the drilling at this location as the well could possibly contaminate the creek located near this neighborhood. He provided pictures of his neighborhood that reflected the many well sites already present and advised the Council that residents could not enter their neighborhood without passing at least one of the gas wells. He advised that an existing well located near the proposed well could drill in the same direction as the well proposed negating the need for another well. He also pointed out that the wells were having a negative impact on property values. Council Member Scarth stated that the Riverbend neighborhood was in a unique position and stated that he lived in this area also. He pointed out that he had a discussion with Chesapeake regarding this specific well site and expressed his concerns as the property was on a very developable corner that he had hoped would be part of the redevelopment efforts in the Woodhaven area. He added however, that Chesapeake purchased the property as part of the free market system and that the proposed well was located well over 1,000 feet from a residence. He further stated that he was negotiating with Chesapeake on the route of the trucks to have the trucks come off of Handley Ederville and not Randol Mill Road and added that he would work with them to ensure they met with the neighborhood to discuss their plan for controlling runoff from the site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 10,2008 PAGE 22 of 22 The following individuals appeared before Council to request the Council endorse a resolution to impeach the President and Vice President of the United States: Grayson Harper, Mr. Grayson Harper 3605 Bellaire Drive South Doyle Fine, Mr. Doyle Fine 612 Upton Avenue Nel LaBar, Ms.Nel LaBar 1609 Willow Lane, Euless, TX Linda Foley Ms. Linda Sandoval Foley 1012 Burton Hill Road 4148 Agenda Item XX There being no further business,the meeting was adjourned at 10:19 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 17th day of June, 2008. Attest: Approved: L11 Marty He rix 4chae04 oncr City Secretary Mayor