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HomeMy WebLinkAbout2007/04/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 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 Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 City Staff Charles Boswell, 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 7:01 p.m. on Tuesday, April 10, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall absent. Agenda Item H The invocation was given by Reverend Milton Pace, Saintsville Cathedral Fort Invocation Worth. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Burdette, the minutes of the regular meeting of April 3, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V Council Member Espino presented a Proclamation for Fair Housing Awareness Special Month to Mr. Estrus Tucker, Chair, Human Relations Commission. Presentations Council Member Burdette presented a Proclamation for Architecture Week to Mr. Steven Darrell, Fort Worth Chapter President, American Institute of Architects Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 2 of 22 Ms. Vanessa Ruiz Boling, Community Relations Department Director, presented the 2006 Neighborhood Awards to: Fort Worth Pride Award Historic Carver Heights Neighborhood Association Spirit of Fort Worth Award Garden of Eden Neighborhood Association Community Collaboration Award Lake Worth Alliance Ben Ann Tomayko Good Neighbor Award Gary Kidwell Council Member Davis presented Certificates of Recognition to the following former Board and Commission members: Ms. Natalie Mellina, Animal Shelter Advisory Committee, from October 14, 2003, through February 12, 2007. Ms. Mellina was not present to receive her certificate. Ms. Erin Lewis, Fort Worth Commission for Women, from November 29, 2005, through March 20, 2007. Ms. Lewis was not present to receive her certificate. Ms. Brandy O'Quinn, City Zoning Commission & Fort Worth Alliance Airport Zoning Commission, from October 14, 2003, through February 12, 2007. Agenda Item VI Council Member Jordan recognized Girl Scouts and their troop leaders from Announcements Troop No. 2475 from the Circle T Council who attended the meeting working towards their Model Citizen Badge. He presented each of them with Molly pins. Mayor Pro tem Hicks stated that District 8 received over $2 million last year for urban villages and stated that the first meeting for the southeast cluster would be conducted on April 12, 2007, at 6:00 p.m. at the Poly United Methodist Church. She added that the meeting would be to gather good public input about how to utilize the money to improve corridors throughout southeast Fort Worth. She also announced that a District 8 Police Forum on April 23, 2007, at CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 3 of 22 7:00 p.m. at Texas Wesleyan University. She also announced that the first meeting of the East Berry Renaissance Tax Increment Reinvestment Zone No. 12 would be conducted on April 11, 2007, in the Pre-Council Chamber at 2:00 p.m. She requested that the meeting be adjourned in memory of Kelly Allen Gray's mother, Ella Allen. (Council Member Jordan left his place at the dais.) Council Member Scarth recognized students from Texas Christian University's Municipal Government Class and stated that the Council appreciated their attendance. He expressed appreciation to Dana Burghdoff, Planning Department Assistant Director, for holding the first meeting on the large animal ordinance changes. He stated that a lot of good input was received. Council Member Espino announced that this weekend was Texas Motor Speedway weekend with the Nextel Cup Race on Sunday and the Busch Series Race on Saturday. He stated that the races brought a lot of positive economic impact to the City and encouraged everyone to attend the races. He also announced that on April 11, 2007, at 10:00 a.m. a meeting of the I-35 North Coalition would be held at the Radisson Hotel located at 2540 N. Beach, and on April 18, 2007, a Gang Awareness Forum would be conducted at All Saints Catholic Church. (Council Member Jordan returned to his place at the dais and Council Member Davis left her place at the dais.) City Manager Boswell stated that the City's Park and Community Services Department was seeking public input for the City-wide Aquatic Facilities Master Plan. He added that the meeting would be held on April 11, 2007, at 6:30 p.m. in the Council Chamber. Council Member Burdette announced on April 12, 2007, at 6:30 p.m. the Transportation and Public Works Department would conduct a public meeting at the Como Community Center regarding the street design and rebuilding of Geddes Street and Halloran Street. He encouraged everyone interested to attend. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15662 and G-15672 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 4 of 22 Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15662 be withdrawn from consideration. Withdrawn By Staff (Council Member Davis returned to her place at the dais.) Agenda Item IX Upon a motion made by Council Member Scarth, seconded by Council Member Consent Agenda Espino, the Council voted eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1602 M&C OCS-1602 - 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-15663 M&C G-15663 - Adopting Supplemental Appropriation Ordinance No. 17482- Ord. No. 17482- 04-2007 increasing appropriations in the General Fund in the amount of 04-2007 $77,841.00 and decreasing the unreserved, undesignated General Fund balance Confirm Payment by the same amount, for the purpose of funding consulting and actuarial for Retirement services related to the City's Employees Retirement Fund audit; and confirming Audit Actuarial, the payment for services to First Southwest Company for Retirement Audit Assumption Actuarial, Assumption Review and Benefit Calculation Services in the amount Review and of$77,841.00 and authorizing the payment of an invoice from First Southwest Benefit Company totaling $77,841.00. Calculation Services G-15664 M&C G-15664 - Authorizing the City Attorney to file a lawsuit against Charles Res. No. 3471-04- Davis for negligence based on an automobile collision; adopting Resolution No. 2007 3471-04-2007 authorizing the City Attorney to file a lawsuit against Charles File Lawsuit Davis; and approving the expenditure for court costs and out-of-pocket Against Charles expenses not to exceed $1,000.00. Davis Based on Automobile Collison G-15665 M&C G-15665 - Declaring that negotiations between James Daniels & Condemn Associates, Inc., its agents, sub-agents, and the Landowners, to acquire a Property for 35.608 acre tract (Subject Parcel) of the G. Overton Survey, Abstract No. 972; Relocation and the A.W. Robertson Survey, Abstract No. 1553; the J.D. Beaton Survey, Related Abstract No. 1708; W. Sample Survey, Abstract No. 1207; and the LA. Butler Construction of Survey, Abstract No. 64 on behalf of the City of Fort Worth, were FM156 unsuccessful; declaring the necessity to acquire, by condemnation, for the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 5 of 22 relocation and related construction of FM156, a highway dedicated to public use, located in Denton County and in the Extraterritorial Jurisdiction of the City of Fort Worth, and owned by Susan Bonner Mead, Amy Cole Griffin and Don Cole, Trustees of the following Trusts: Mary Jane Marshall Trust, Martin Thomas Cole Trust, William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrle Cole Trust and Robert Frank Cole Trust, all created under agreement dated September 14, 1935, and Mary Jane Marshall Trust, Martin Thomas Cole Trust, William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrle Cole Trust and Robert Frank Cole Trust, all created under agreement dated August 1, 1938, and from 156 Alliance Partners, Ltd., who claim an interest in the Subject Parcel; declaring that the taking of the Subject Parcel is necessary and that the Subject Parcel will be used in the relocation and related construction of FM156, a highway dedicated to public use; and authorizing the City Attorney and/or Whitaker Chalk, Swindle & Sawyer, L.L.P., to institute condemnation proceedings to acquire fee simple interest in the surface estate, but not the mineral estate, of the Subject Parcel. G-15666 M&C G-15666 - Authorizing the City Manager to execute an agreement with Ord. No. 17483- Gregory Geotechnical for geotechnical and expert witness services regarding 04-2007 premature street failures in an amount not to exceed $50,000.00; and adopt Geotechnical and Supplemental Appropriation Ordinance No. 17483-04-2007 increasing Expert Witness appropriations in the General Fund in the amount of$25,000.00 and the Water Services and Sewer Fund in the amount of $25,000.00; and decreasing the unreserved, Regarding designated fund balance of the General Fund and Water and Sewer Fund by the Premature Street same amount, for the purpose of executing an agreement with Gregory Failures Geotechnical for geotechnical and expert witness services regarding premature street failures. G-15667 M&C G-15667 - Adopting Resolution No. 3472-04-2007 ratifying the lawsuit Res. No. 3472-04- entitled City of Fort Worth, et al., v. Greg Abbott, Attorney General, Cause No. 2007 GV-7000-521 filed in Travis County District Court pursuant to Chapter 552 of Ratify Lawsuit the Texas Government Code. Entitled City of Fort Worth, et al., v. Greg Abbott, Attorney General, Cause No. GV- 7000-521 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 6 of 22 G-15668 M&C G-15668 - Approving the settlement of the claim filed by Cesar Valero, Settlement of Jr.; authorizing the City Manager to execute the necessary settlement Claim Filed by documents; and authorizing two checks in the amount of $55,200.00, made Cesar Valero, Jr. payable to Cesar Valero, Jr., and Loncar & Associates, and in the amount of $4,800.00, made payable to Canas &Flores, Attorneys. G-15669 M&C G-15669 - Accepting a donation in the amount of $1,500.00 from the Ord. No. 17484- Helen Irwin Littauer Education Trust, Bank of America Trustee, to support the 04-2007 reception honoring the Outstanding Women of Fort Worth 2007; accepting Accept Donations revenue from ticket sales and sponsorships of the 2006 Outstanding Women for Fund Fort Awards luncheon and Synergy event in the amount of$4,461.96; and adopting Worth Appropriation Ordinance No. 17484-04-2007 increasing estimated receipts and Commission for appropriations in the Special Trust Fund in the amount of $5,961.96 from Women Projects available funds for the purpose of funding projects for the Fort Worth Commission for Women. G-15670 M&C G-15670 - Approving the request of Colonial Country Club to Approve temporarily close the following streets during the Crowne Plaza Invitational Temporary Street Colonial Golf Tournament May 21-27, 2007: Closures During Crowne Plaza • 3700 block of Country Club Circle; Invitational • 3700, 3800 and 3900 blocks of Mockingbird Lane including Colonial Golf Mockingbird Court; Tournament for • 3600 and 3700 block of Cantey Street between Highview Terrace West Year 2007 to the T.C.U. parking lot; and • 2000 block of Rogers Avenue from Riverfront Drive to Colonial Parkway G-15671 M&C G-15671 - Authorizing the temporary closure of the Litsey Road bridge Authorize east of Cleveland-Gibbs Road until funding can be appropriated for the Temporary necessary bridge replacement. Closure of Litsey Road Bridge for Bridge Replacement P-10551 M&C P-10551 - Authorizing purchase agreements for firefighting suppression Firefighting foam with Chemguard, Inc., Beck Industries, Inc., and U.S. Foam Supression Foam Technologies, Inc., based on low bids meeting specifications with payment due 30 days after receipt of invoice; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 7 of 22 Bidders Item Numbers Extended Total 1. Chemguard, Inc. 1 through 7, 11 $14,341.25 2. Beck Industries, Inc. 8 through 10 $42,192.25 3. U.S. Foam Technologies, Inc. 12 and 13 $ 1,923.25 Authorizing these agreements to begin April 10, 2007, and expire on April 9, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10552 M&C P-10552 - Authorizing the purchases of attack and supply fire hoses from Attack and Supply Municipal Emergency Services, Inc., and Casco, Industries, for the Fire Fire Hoses Department based on low bids meeting specifications at a cost not to exceed $42,096.25 with payment due 30 days after receipt of invoice and freight is included in the unit price. Vendor Item Numbers Extended Total 1. Municipal Emergency 1 and 2 $21,531.25 Services, Inc. 2. Casco, Industries 3 through 5 $20,565.00 TOTAL $42,096.25 P-10553 M&C P-10553 - Authorizing a purchase agreement with Texas Star USA, Inc., Unarmed Security d/b/a Texas Star Security for unarmed security guard services for the City of Guard Services Fort Worth based on low bid with payment due 30 days after receipt of invoice; authorizing this agreement to begin May 1, 2007, and expire on April 30, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10554 M&C P-10554 -Authorizing a Purchase Agreement for the pager rental and Pager Rental and paging service with Arch Wireless, Inc., using the State of Texas Department of Paging Service Information Resources Contract DIR-SDD-203 for the Information Technology Solutions Department; and authorizing this agreement to begin May 1, 2007, and expire August 21, 2007, with options to renew for up to two additional two- year terms. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 8 of 22 L-14302 M&C L-14302 - Authorizing the acquisition of one vacant residential lot Acquire Property located at 3204 Schwartz Avenue, contained in Lot 10, Block 34, Moody for Drainage Addition for drainage improvements to the Lebow Channel (DOE 4623, Project Improvements to 00084); finding that the price offered in the amount of $5,000.00, plus an the Lebow estimated closing cost of $3,000.00 is just compensation; and authorizing the Channel execution of a purchase agreement with the owners and the acceptance and recording of appropriate instruments. L-14303 M&C L-14303 - Approving the sale of seven tax-foreclosure properties as Sale of Tax- described below, in accordance with Section 272.001 of the Texas Local Foreclosure Government Code for a total of$71,034.00; and authorizing the City Manager Properties to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. Bidder Property Description Address Linda L. Atkins Being all that certain Lot 12,Block 2725 16th Street(NW) 90,Belmont Park Addition Lucia Martinez Lot 4, S.W. Cromer Subdivision 3805 Avenue G Linda L. Atkins Lot 813,Block 3, Akers&Paxton 1840 Edgewood Terrace Addition Cathy Triana Lot 1,Block 25,Worth Hills 3101 Hanna Avenue Addition Lucia Martinez Lot 75, Westside Acres Addition 909 Isbell Road L. Cole Gutierrez Lot 7,Block 18,Ryan Southeast 0 Mulkey Addition L. Cole Gutierrez Lot N1/2,Lot 4,Block 21 0 Risinger PZ-2732 M&C PZ-2732 - Adopting Ordinance No. 17485-04-2007 vacating and Ord. No. 17485- extinguishing a 1.162-acre portion of Old Denton Road right-of-way located 04-2007 north of Timberland Boulevard, south of SH 170, east of IH 35W, and west of Street Right-of- Park Vista Boulevard, Francisco Cuella Survey, Abstract No. 266, the Hopkins Way Vacation Davidson Survey, Abstract No. 437, and being a portion of a tract of land in the (VA-05-032) Villages of Woodland Springs Addition described by deed to One Prairie Meadows, Ltd., City of Fort Worth, Tarrant County, Texas; and waiving any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). PZ-2733 M&C PZ-2733 - Adopting Ordinance No. 17486-04-2007 vacating and Ord. No. 17486- extinguishing a 0.0745-acre portion of an alley right-of-way between Bailey 04-2007 Street and Barden Street, adjacent to Lots 1 through 4 and Lots 5 through 10 of Alley Right-of- Block 2 of the W.M. Bailey Addition, an addition to the City of Fort Worth, Way Vacation Tarrant County, Texas; and waiving any and all purchase fee value of the (VA-06-024) vacated land in accordance with City policy (M&C G-15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 9 of 22 PZ-2734 M&C PZ-2734 - Adopting Ordinance No. 17487-04-2007 vacating and Ord. No. 17487- extinguishing a 0.162-acre portion of West 7th Street right-of-way, located at 04-2007 the northwest corner of West 7th Street and Bailey Avenue, situated in the WM. Street Right-of- J. Bailey Addition and the J.W. Conner Survey, Abstract No. 355, City of Fort Way Vacation Worth, Tarrant County, Texas; and waiving any and all purchase fee value of (VA-06-031) the vacated land in accordance with City policy (M&C G-15624). PZ-2735 M&C PZ-2735 - Adopting Ordinance No. 17488-04-2007 vacating and Ord. No. 17488- extinguishing a portion of Kuban Boulevard right-of-way, located within 04-2007 Draughon Heights Addition, an addition to the City of Fort Worth, Tarrant Street Right-of- County, Texas; and waiving any and all purchase fee value of the vacated land Way Vacation in accordance with City policy (M&C G-15624). (VA-06-035) PZ-2736 M&C PZ-2736 - Adopting Ordinance No. 17489-04-2007 vacating and Ord. No. 17489- extinguishing a 0.18-acre portion of Margaret Street between Locke Avenue 04-2007 and Lovell Avenue, Brooklyn Heights Addition and a portion of an unnamed Street and Alley alley between Montgomery Street and Margaret Street, located within Block Vacations 13, Brooklyn Heights Addition, an addition to the City of Fort Worth, Tarrant (VA-06-036) County, Texas; and waiving any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). PZ-2737 M&C PZ-2737 - Adopting Ordinance No. 17490-04-2007 vacating and Ord. No. 17490- extinguishing a 0.004-acre portion of Throckmorton Street right-of-way 04-2007 between West 11th Street and West 12th Street, located adjacent to Lot 1, Street Right-of- Section 7R, Fort Worth Convention Center Addition, an addition to the City of Way Vacation Fort Worth, Tarrant County, Texas; and waiving any and all purchase fee value (VA-07-003) of the vacated land in accordance with City policy (M&C G-15624). C-22046 M&C C-22046 - Authorizing the City Manager to execute a Public Right-of- Energy Transfer Way Use Agreement with Energy Transfer Fuel, LP, (Energy Transfer) that Fuel, LP grants Energy Transfer a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-22047 M&C C-22047 - Authorizing the City Manager to extend the contracts with First Southwest First Southwest Company and Estrada Hinojosa for financial advisory services; Company and and authorizing these agreements to begin May 21, 2007, and expire Estrada Hinojosa June 30, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 10 of 22 C-22048 M&C C-22048 - Authorizing the City Manager to execute an agreement with Gorrondona & Gorrondona & Associates, Inc., in the amount of $45,900.00 for professional Associates, Inc. land surveying services along Dirks Road from Bryant Irvin Road to Granbury Road. C-22049 M&C C-22049 - Authorizing the City Manager to execute an emergency Ark Contracting erosion mitigation contract with Ark Contracting Services, LLC, in the amount Services, LLC of $242,820.00 for channel improvements and associated services south of Vickery along Fort Worth and Western Railroad. C-22050 M&C C-22050 - Authorizing the City Manager to execute an Engineering TranSystems, Inc. Services Contract with TranSystems, Inc., in the amount of$767,476.00 for the design of the Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue. C-22051 M&C C-22051 - Authorizing the City Manager to execute a contract with RPGA Design RPGA Design Group, Inc., in the amount of $115,800.00, plus $3,500.00 for Group, Inc. reimbursable expenses, for design and construction administration services for Fire Station No. 34. C-22052 M&C C-22052 - Authorizing the execution of one Storm Water Facility Centreport Maintenance Agreement for Centreport Venture, Inc., for property located in Venture, Inc. east Fort Worth(DOE 4448). C-22053 M&C C-22053 - Authorizing the transfer of $375,705.08 from the Water and Ord. No. 17491- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 04-2007 $186,221.00 and Sewer Capital Projects Fund in the amount of $189,484.08; McClendon adopting Appropriation Ordinance No. 17491-04-2007 increasing estimated Construction receipts and appropriations in the Water Capital Projects Fund in the amount of Company, Inc. $186,221.00 and the Sewer Capital Projects Fund in the amount of$189,484.08 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with McClendon Construction Co., Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement City Project No. 00164; and authorizing the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of$714,956.05 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Wimbleton Way (Walton Avenue to Wilkie Way) and Wales Court (Waltham Avenue to Wedgmont Circle South) (City Project No. 00164). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 11 of 22 C-22054 M&C C-22054 - Authorizing the City Manager to execute a lease agreement Square One between Square One Development, L.L.C., and the City of Fort Worth for Development, approximately 1,200 square feet of office space for Police operations, at a cost L.L.C. of $750.00 per month; and approving the lease term of four months commencing on March 15, 2007, and expiring on July 14, 2007. C-22055 M&C C-22055 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 34080 with Holloman Corporation in the amount 1 to CSC No. of$94,297.13 for the expansion of the Como Pump Station Project. 34080 - Holloman Corporation C-22056 M&C C-22056 - Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 32569 with Oscar Renda Contracting, Inc., in 2 to CSC No. the amount of$48,135.00, thereby increasing the amount to $43,782,924.00 for 32569 - Oscar the Eagle Mountain Water Treatment Plant Phase III 35 MGD Expansion Renda Project. Contracting, Inc. C-22057 M&C C-22057 - Authorizing the transfer of $171,140.00 from the Water and Ord. No. 17492- Sewer Operating Fund to the Water Capital Projects Fund; adopting 04-2007 Appropriation Ordinance No. 17492-04-2007 increasing estimated receipts and Black& Veatch appropriations in the Water Capital Projects Fund in the amount of$171,140.00 Corporation from a Water and Sewer Operating Fund transfer, for the purpose of executing an engineering agreement with Black & Veatch Corporation for the Northwest Water Treatment Plant Value Engineering; and authorizing the City Manager to execute an engineering agreement with Black & Veatch Corporation in the amount of $171,140.00 for the Northwest Water Treatment Plant Value Engineering (Project No. 00456). The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Jordan, Presentations by that James "Sam" Greif be appointed to the Tarrant County 9-1-1 District City Council Board of Managers effective April 10, 2007 and with a term expiring Appointments April 1, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 12 of 22 Agenda Item XII There was presented Mayor and Council Communication No. OCS-1603 from OCS-1603 the Office of the City Secretary recommending that the City Council approve Contract with the contract with Tarrant County Elections Administrator for election services Tarrant County for the General (City Council) Election to be held on Saturday, May 12, 2007. Election Administrator for Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Election Services Mayor and Council Communication No. OCS-1603 be approved. The motion for May 12, 2007, carried unanimously eight (8) ayes to zero (0) nays, with Council Member General Election Wheatfall absent. Agenda Item XIII There was presented a resolution nominating a portion of the Near Southeast Res. No. 3473-04- Neighborhood for designation as a Historic and Cultural Landmark District. 2007 Nominate Portion Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that of Near Southeast Resolution No. 3473-04-2007 be adopted. The motion carried unanimously Neighborhood for eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Designation as Historic and Cultural Landmark District AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15662 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15662, Amend the Existing Agreement with United Community Centers, Inc., and Authorize the Use of$175,000.00 of Community Development Block Grant Year XXXI Unprogrammed Funds to Assist with the Construction of a New Polytechnic Community Center, Inc., be withdrawn from consideration. G-15672 There was presented Mayor and Council Communication No. G-15672 from Authorize the City Manager recommending that the City Council approve the request of Temporary Street Downtown Fort Worth, Inc., to temporarily close the following streets for the Closure for 2007 Main Street Fort Worth Arts Festival for the year 2007: Main Street Fort Worth Arts Monday, April 16, 12:01 a.m. through the following Monday, April 23, Festival 6:00 a.m. • Main Street from 2nd Street to 9th Street; and • 4th Street from Houston Street to Commerce Street (9:00 a.m. to 5:00 a.m. Tuesday) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 13 of 22 Tuesday, April 17, 12:01 a.m. through Monday, April 23, 6:00 a.m. • Main Street from Weatherford Street to 2nd Street; • 8th Street from Houston Street to Commerce Street (Access to Hotel will be maintained. Festival will accommodate Del Frisco's valet parking service); and • 9th Street from Houston Street to Commerce Street Wednesday, April 18, 12:01 a.m. through Monday, April 23, 6:00 a.m. • Commerce Street (westside) from 1st to 9th Streets (Close parking lane and bagging of parking meters). Wednesday, April 18, 12:01 a.m. • 4th Street from Houston Street to Commerce Street (Two north lanes will be open during morning peak hour traffic 6:00 a.m. to 9:00 a.m.); and • 5th Street from Houston Street to Commerce Street (Two center lanes will be open all day). Thursday, April 19, 12:01 a.m. through Friday, April 20, 12:01 a.m. • 4th Street from Houston Street to Commerce Street (Two north lanes will be open during morning peak hour 6:00 a.m. to 9:00 a.m.); and • 5th Street from Houston Street to Commerce Street (Two center lanes will be open evening peak hour 4:00 p.m. to 6:00 p.m.); • 6th Street from Houston Street to Commerce Street (Two center lanes open all day); and • 7th Street from Houston Street to Commerce Street (Two center lanes open all day). Friday, April 20, 12:01 a.m. through Monday, April 23, 6:00 a.m. • 4th Street from Houston Street to Commerce Street (Two center lanes will be open during morning peak hour 6:00 a.m. to 9:00 a.m.); CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 14 of 22 • 5th Street from Houston Street to Commerce Street (Two center lanes will be open evening peak hour 4:00 p.m. to 6:00 p.m.); • 6th Street from Houston Street to Commerce Street (Two center lanes open, closed at 6:00 p.m.); and • 7th Street from Houston Street to Commerce Street (Two center lanes open, closed at 6:00 p.m.). Richard Vickers Mr. Richard Vickers, 410 West 7th Street, appeared before Council in opposition of street closures. He stated that there had been no notification to Downtown residents of this event and possible radio interference by the applicant or other party because of not having a Federal Communications Commission license. He pointed out that he had received notification of only one event that was held in 2006 and added that it would be helpful to Downtown residents to know about the street closures to make changes to their daily travel routes. Council Member Davis made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G-15672 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15673 There was presented Mayor and Council Communication No. G-15673 from Ord. No. 17493- the City Manager recommending that the City Council adopt an appropriation 04-2007 ordinance increasing estimated receipts and appropriations in the Special Ord. No. 17494- Assessments Fund in the amount of $407,414.70 from prior developer 04-2007 contributions for the purpose of transferring said funds to the New Install Community Development Fund to execute a Community Facilities Agreement with Jabez Facilities to Serve Development, L.P., for the installation of community facilities to serve Palmilla Palmilla Springs, Springs, Phase I; authorize the transfer of $407,414.70 from the Special Phase I Assessments Fund to the New Development Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the New Development Fund in the amount of$407,414.70 from a Special Assessments Fund transfer, for the purpose of executing a Community Facilities Agreement with Jabez Development, L.P., for the installation of community facilities to serve Palmilla Springs, Phase I; and authorize the City Manager to execute a Community Facilities Agreement with Jabez Development, L.P., for the installation of community facilities to serve Palmilla Springs, Phase I. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 15 of 22 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15673 be approved and Appropriation Ordinance Nos. 17493-04-2007 and 17494-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15674 There was presented Mayor and Council Communication No. G-15674 from Pay for Relocation the City Manager recommending that the City Council authorize the additional and Moving payment of up to $10,670.28 for relocation and moving expenses to Pat Reese Expenses for Enterprises' Slipcovers & More, as a displaced business, from 3505 West Right-of-Way for Vickery Boulevard, in the Vickery Corridor, Parcel No. 53-PT1-A3, for Right- Southwest of-Way for the Southwest Parkway Project (DOE 3777). Parkway Project Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15674 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15675 There was presented Mayor and Council Communication No. G-15675 from Pay for Relocation the City Manager recommending that the City Council authorize the additional and Moving payment of relocation and moving expenses to Purselley Pool & Spa, up to Expenses for $13,713.22, as a displaced business, from 4205 West Vickery Boulevard, in the Right-of-Way for Vickery Corridor, Parcel No. 74, for Right-of-Way for the Southwest Parkway Southwest Project (DOE 3777). Parkway Project Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15675 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing for G-15676 consideration of the 2007-2008 Consolidated Action Plan. Mayor Moncrief Ord. No. 17495- opened the public hearing and asked if there was anyone present desiring to be 04-2007 heard. Approve 2007- 2008 Consolidated Ms. Deidra Emerson, Assistant Housing Director, appeared before Council, Action Plan Funds gave a staff report and called attention to Mayor and Council Communication No. G-15676, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 16 of 22 There was presented Mayor and Council Communication No. G-15676 from the City Manager recommending that the City Council conduct a public hearing to allow citizen input and consideration of the 2007-2008 Consolidated Action Plan; authorize the use of$1,476,300.00 in estimated program income from the Community Development Block Grant and HOME repayments, interest earned and Revolving Loan Funds; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $12,451,666.00 ($6,806,253.00 in Community Development Block Grant Program funds, $1,476,300.00 in estimated program income, $292,741.00 in Emergency Shelter Grant Program funds, $2,993,673.00 in HOME Investment Partnership Program funds, $63,699.00 in American Dream Downpayment Initiative Program funds and $819,000.00 in Housing Opportunities for Persons with HIV/AIDS Program funds), subject to receipt of the Consolidated Plan Grant from the U.S. Department of Housing and Urban Development, for the purpose of funding the City's Consolidated Action Plan; and apply indirect cost rates as applicable, for the Grants Fund, in accordance with the City's Administrative Regulations. Ms. Emerson also added that additional funding in the amount of $20,000.00 for the Bottle Bounty Program would also be included in this M&C request. Mayor Pro tem Hicks expressed appreciation to the Council for agreeing to the additional appropriation of $20,000.00 for the Bottle Bounty program. She stated that the Southside Youth Association was present in the audience who were recipients of these funds. Council Member Davis acknowledged the attendance of Leonard Fisher, Executive Director of CentreCorp, and Joe Breedlove from Fort Worth Country Day School whose organizations were also recipients of these funds. Frankie Ms. Frankie McMurrey, 5617 Boca Raton, Executive Director of Clayton McMurrey Youth Enrichment Services, appeared before Council in support of this issue and expressed appreciation for the $18,000.00 in funding that would assist them in meeting the need for their services. There being no else one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15676 be approved as amended and Appropriation Ordinance No. 17495-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 17 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15677 adopt an ordinance amending Chapter 30, "Streets and Sidewalks" of the City Continued Until Code to provide for the regulation and permitting of newsracks in the May 1, 2007 downtown area. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Fullenwider, Assistant City Attorney, Law Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15677, as follows: There was presented Mayor and Council Communication No. G-15677 from the City Manager recommending that the City Council hold a public hearing and adopt an ordinance amending Chapter 30, "Streets and Sidewalks" of the Code of the City of Fort Worth (1986), as amended, by adding a new article, Article VII, entitled "Newsracks" to provide for the regulation and permitting of newsracks in public rights-of-way. Richard Vickers Mr. Richard Vickers, 410 West 7th Street, appeared before Council in support of the ordinance. He stated that an ordinance was needed for a long time and that the institution of the ordinance would bring a sense of order to the Downtown area. Darwin Campbell Mr. Darwin Campbell, 6130 Wheatley Street, Houston, Texas, representing the African American News, appeared before Council in opposition of the ordinance. He expressed concern that the newspaper had not been actively involved in the process because they had not been contacted to provide input. He stated that a representative did attend one meeting and was assured the newspaper would be a part of the process. He asserted their omission was a motive to screen out newspapers like the African American News and other weekly newspapers off the streets of Fort Worth. He addressed First Amendment rights, associated fees, preferential placement given to local newspapers and subjective enforcement of the newsracks. He added that the priority system reflected in the ordinance was not a fair and equitable system; it was very discriminatory and could border on being racist. He further stated that sending weekly publications to the "back of the bus" limited their First Amendment rights to distribute papers on tax payer soil and was wrong and unconstitutional. He requested that the Council not adopt the ordinance. Mayor Moncrief asked Assistant City Attorney Fullenwider if the African American News had been notified of the ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 18 of 22 Ms. Fullenwider stated that two notices had been mailed to the newspaper and that a representative from the newspaper attended the planning meeting in March 2006. She stated a representative did attend the March 2006 meeting, but not the February 2007 meeting. Mayor Moncrief responded to Mr. Campbell's comments by stating that there was not a member of the Council that would be a part to control freedom of information to people in the City and that there was no indication that the ordinance was an attempt to remove undesirable newspapers from the City. He added that he took exception to the assertion of any racial improprieties by any member of the Council and pointed out that diversity was the City's greatest strength. Council Member Scarth stated that there was nothing in the ordinance that was a violation of the First Amendment. He stated that he had experienced difficulty in passing businesses or pushing traffic light buttons Downtown because newsracks impeded access in those instances. He added that it was discrimination when a person could not travel down a sidewalk. Council Member Davis acknowledged concern with First Amendment issues. She stated that this ordinance had been in the process for a few years and explained that other municipalities had instituted similar ordinances and that the issue had been addressed by the U.S. Supreme Court. She also advised that the ordinance had been designed to be very objective and asked Assistant City Attorney Fullenwider to address the preferential placement of the newsracks. Ms. Fullenwider explained that the process for placement of a newsrack began with a permit application. She added that priority would be given to those newsracks that had been at a particular location for 12-months prior to the effective date of the ordinance. She advised that the newsrack locations would then be allocated first to newspapers and other publications issued at least five days per week, second to those issued between two to four days per week, third to those issued once a week and fourth to those issued less frequently. Council Member Burdette stated that he had been an advocate for the institution of this ordinance. He added that he always had a concern for the freedom of speech; however, this issue addressed the freedom of traveling or attaining passage on a street. He assured everyone that the ordinance would be applied in a fair and impartial manner. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 19 of 22 Mayor Pro tem Hicks stated that the ordinance addressed the safety of all residents and added that she was very concerned that the Council would be accused of any impropriety. Council Member Espino stated that the ordinance was very "content neutral' and stressed that the development of the ordinance followed a very intense process. He reiterated that the ordinance met First Amendment criteria. Mayor Moncrief concluded by stating the Council was very confident that they would have been advised by Law Department staff or the three attorneys sitting on Council of any violation to the First Amendment. There being no else one present desiring to be heard in connection with the public hearing, Mayor Moncrief stated that no formal action would be taken at this time and this item would be continued until the May 1, 2007, Council meeting. C-22058 There was presented Mayor and Council Communication No. C-22058 from the Ord. No. 17496- City Manager recommending that the City Council authorize the transfer of 04-2007 $1,614,294.00 from the Water and Sewer Operating Fund to the Sewer Capital William J. Schultz, Projects Fund; adopt an appropriation ordinance increasing estimated receipts Inc., d/b/a Circle and appropriations in the Sewer Capital Projects Fund in the amount of "C" Construction $1,614,294.00 from a Water and Sewer Operating Fund transfer, for the Company purpose of executing a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company for Sanitary Sewer Rehabilitation Pipe Enlargement Contract 2006A; and authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount of$1,312,615.00 for Sanitary Sewer Rehabilitation Pipe Enlargement Contract 2006A. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22058 be approved and Appropriation Ordinance No. 17496-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-22059 There was presented Mayor and Council Communication No. C-22059 from the Ord. No. 17497- City Manager recommending that the City Council authorize the transfer of 04-2007 $332,811.00 from the Water Operating Fund to the Water Capital Projects Fund Stabile & Winn, in the amount of $332,811.00; adopt an appropriation ordinance increasing Inc. estimated receipts and appropriations in the Water Capital Projects Fund in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 20 of 22 amount of$332,811.00 from a Water Operating Fund transfer, for the purpose of executing a contract with Stabile & Winn, Inc., for Pavement Reconstruction and Water Main Replacement City Project No. 00171; and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,159,193.40 for Pavement Reconstruction and Water Main Replacement on Wesleyan Drive South and Strong Avenue (Project No. 00171). Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22059 be approved and Appropriation Ordinance No. 17497-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-22060 There was presented Mayor and Council Communication No. C-22060 from the Ord. No. 17498- City Manager recommending that the City Council authorize the City Manager 04-2007 to apply for and accept, if awarded, a Comprehensive Selective Traffic Texas Department Enforcement Program (STEP) grant in the amount of $461,624.00 and a of Transportation Commercial Motor Vehicle STEP grant in the amount of$78,602.00 from the Texas Department of Transportation; authorize the City Manager to enter into a contract with the Texas Department of Transportation for the Comprehensive STEP and Commercial Motor Vehicle STEP grant implementation during Fiscal Year 2008, contingent upon appropriation of matching funds; authorize the transfer of $58,921.00 from the State Awarded Assets Fund to the Grants Fund for the City's match of the Comprehensive STEP grant, contingent upon receipt of adequate funding in the FY 2008 State Awarded Assets Fund; authorize the transfer of$9,967.00 from the State Awarded Assets Fund to the Grants Fund for the City's match of the Commercial Motor Vehicle STEP grant, contingent upon receipt of adequate funding in the FY 2008 State Awarded Assets Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $609,114.00, subject to receipt of the Comprehensive Selective Traffic Enforcement Program grant and the Commercial Motor Vehicle STEP grant from the Texas Department of Transportation for the purpose of funding a contract with the Texas Department of Transportation for Comprehensive STEP and Commercial Motor Vehicle STEP. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22060 be approved and Appropriation Ordinance No. 17498-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2007 PAGE 21 of 22 Agenda Item XV Ms. Laquita Dixon, 1101 Poindexter Street, appeared before Council relative to Citizen an apartment complex under construction on Poindexter and Samuels Avenue. Presentations She advised that the neighborhood had not been informed of a change to the Laquita Dixon complex regarding the placement of an entrance on Poindexter. She expressed concern with how the construction would impact the remaining green space and a large tree she thought to be on the National Registry. She added that the neighborhood was opposed to the entrance being on Poindexter. Ramon Guajardo Mr. Ramon Guajardo, 4400 North View Court, appeared before Council in response to Ms. Dixon's concern. He explained the change to the apartment complex which involved a variance application being submitted to the City to place the entrance on Pavilion. He stated that a variance would be considered by the Board of Adjustment at their June 2007 meeting and advised that the Poindexter location would be gated and used only in emergency situations. Dana Burghdoff, Planning Department Assistant Director, advised the Council that the City Planning Commission met in January to review this issue. She pointed out that the change to the apartment complex occurred after that meeting. She stated that this issue would be reviewed by the Board of Adjustment during their June 2007 meeting as the variance application was not submitted in time to provide a 30-day notice for the Board's May 2007 meeting. Council Member Davis asked staff to ensure that the Samuels Avenue neighborhood was informed of the date, time and place of the Board of Adjustment meeting. She also clarified with Mr. Guajardo that the work was strictly for creating that emergency access point to Poindexter and not a full driveway approach. Mayor Moncrief asked if there was a way to make an exception to placing this issue on the May 2, 2007, Board of Adjustment agenda. Ms. Burghdoff and City Attorney Yett advised that they would check to see if state law would not be violated, but they believed it was too late to add this item to the May 2, 2007, agenda. Flora Brewer Ms. Flora Brewer, 1316 E. Lancaster Avenue, appeared before Council relative to street homelessness. She advised that the Commission on Homelessness would bring recommendations to the Council in the near future that involved expanding various programs to aid in the homelessness issue. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 10,2007 PAGE 22 of 22 Joyce Connelley Ms. Joyce Connelley, 2224 E. Lancaster Avenue, representing Marshall Grain Company, appeared before Council relative to vagrancy and crime on East Lancaster. She advised the Council of the dangerous, dirty and drug infested conditions of the area and stated that she had been accosted by a homeless person. She pointed out that her clients were very apprehensive when conducting business at her location and expressed concern with the lack of action being taken by the Police Department to control the situation. She added that she would like to see the City provide drug and alcohol counseling to the homeless community, better enforcement options for the Police and jail time for repeat offenders. Suzette Watkins Ms. Suzette Watkins, 4608 Kemble Street, appeared before Council relative to enforcement of City ordinances. She stated that the City had been inconsistent with enforcing ordinances and cited requirements from the Code of Ordinances for soliciting and panhandling that were not being enforced. Mayor Moncrief stated that the City had a very well trained and equipped Police Department and that the City was doing everything possible to address the homelessness issues. He referred to today's Pre-Council Worksession where the Council received two in-depth briefings on homelessness and assured everyone that the City was moving forward on homelessness issues. Joe Don Brandon Mr. Joe Don Brandon, 1415 E. Lancaster Avenue, appeared before Council relative to a City personnel issue. Agenda Item XVII There being no further business, the meeting was adjourned at 9:14 p.m. in Adjournment honor of Ms. Ella Allen. These minutes approved by the Fort Worth City Council on the 17th day of April, 2007. Attest: Approved: Marty H drix Michael oncrie City Secretary Mayor