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HomeMy WebLinkAbout2007/05/22-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 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 Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 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 10:17 a.m. on Tuesday, May 22, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item II The invocation was given by Rabbi Ralph Mecklenburger, Bethel Invocation Congregation. Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Davis assumed her place at the dais.) Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of May 15, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Ms. Lisa Hill, Community Coordinator, Child Protective Services, Community Special Partners of Tarrant County, presented a plaque to Ms. Martha Mabry, Sr. Presentations Human Services Specialist, Police Department, for her dedicated service to their organization. Agenda Item VI Council Member Burdette stated that Fort Worth was continuing to achieve Announcements milestones in our community, which brings praise and attention. He stated that one of those events was the Fort Worth Opera, which landed its inaugural CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 2 of 16 Opera Festival with an outstanding performance of Madame Butterfly. He further stated that the Festival will continue through June loth, and will include Madame Butterfly, Falstaff, and Fraumargot. He urged the audience if they had not already attended an opera, to attend in the next three weeks. Council Member Espino announced that there would be a Public Hearing tonight in the Northwest Independent School District's Administration Building 2001 Texan Drive, Justin Texas, to discuss the proposed improvements to State Highway 114 along the Farm-to-Market Road (FM) 156 to east of Interstate Highway 35 West and the reconstruction of the interchange of SH 114 and FM 156 in Denton County. He also stated that an open house would be held from 6:00 p.m. to 7:00 p.m. prior to the hearing to allow for questions and review of project exhibits. Council Member Silcox advised the listening audience for those individuals who were still seeing the brush from the storm that everything should be cleaned up by the end of the week. He also repeated his announcement from previous Council meetings relative to it being against the law to blow grass clippings into the street as it created clogging of storm drainage systems and stated that it could have up to a $2,000.00 fine assessed. Council Member Scarth announced that he would be hosting a breakfast for District 4 at the American Legion off of East Loop 820 at 8:30 a.m.. Council Member Davis announced and congratulated her daughter, Dru on her achievement of graduation from Fort Worth Country Day School and stated that she had been accepted and would be attending Colorado College in Colorado Springs. Agenda Item VII There were no items withdrawn from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22133 be continued for one week to Tuesday, May 29, 2007. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 3 of 16 OCS-1610 M&C OCS-1610 - 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-15730 M&C G-15730 - Awarding $596,000.00 in HOME Community Housing Fund Multi- Development Organization (CHDO) funds to the Mental Health Housing Family Development Corporation (NfFRiDC) for development costs and operating Reconstruction expenses in support of a multi-family reconstruction project; authorizing the Project City Manager or his designee to execute a contract with NfFRiDC for the project, with a two-year term beginning on the date of the execution of the contract; authorizing the City Manager or his designee to extend or renew the contract for up to one year if MI­IflIDC requests an extension and it is necessary for the completion of the project; authorizing the City Manager or his designee to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations governing use of federal grant funds; and authorizing MHHDC to retain CHDO proceeds in conformance with the HOME Investment Partnership Program rules and the City's policy. G-15731 M&C G-15731 - Awarding $898,796.00 in HOME Community Housing Fund Single Development Organization (CHDO) funds for the Neighborhood Land Family Corporation (NLC) for development and operating expenses in support of Construction at single family new construction at infill sites throughout the central City; Infill Sites authorizing the City Manager or his designee to execute a contract with NLC for the project for a two-year term beginning on the date of the execution of the contract; authorizing the City Manager or his designee to extend or renew the contract for up to one year if NLC requests an extension and such extension is necessary for completion of the project; and authorizing the City Manager or his designee to amend the contract, if necessary to achieve project goals, provided that the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing use of federal grant funds. P-10578 M&C P-10578 - Authorizing an amendment to a purchase agreement with Wireless Network Vigilar, Inc., for wireless network and component equipment, maintenance Infrastructure and support, professional services, and training for the Information Technology Component Solutions Department using General Administration Contract No. GS-35F- Equipment, 0037P on as as-needed basis through October 19, 2008. Maintenance Support, Professional Services and Training CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 4 of 16 P-10579 M&C P-10579 - Authorizing purchase agreements for solar school flashers Solar School with Naztec, Inc., and Traffic Parts, Inc., for the Transportation/Public Works Flashers Department based on best value with freight included in unit prices and payment due 30 days after receipt of invoice; a. Naztec, Inc., to be awarded items 1 and 4; and b. Traffic Parts, Inc., to be awarded items 2, 3 and 5. Authorizing this agreement to begin May 16, 2007, and expire May 15, 2008, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10580 M&C P-10580 - Adopting Supplemental Appropriation Ordinance No. 17551- Ord. No. 17551- 05-2007 increasing appropriations in the General Fund in the amount of 05-2007 $30,000.00 and decreasing the unreserved, undesignated fund balance by the Railroad Crossing same amount, for the purpose of funding railroad crossing repairs with Quality Repairs Signal Construction, Inc., for the Transportation/Public Works Department; and ratifying an emergency purchase for railroad crossing repairs with Quality Signal Construction, Inc., for the Transportation/Public Works Department for an estimated amount of$30,000.00. P-10581 M&C P-10581 - Authorizing a purchase agreement with Dixie Ice Cream Lunch and Snack Company, Inc., to provide lunch and snack meals for the summer food program Meals for the Parks and Community Services Department based on sole bid received with payment due 30 days after receipt of invoice; and authorizing this agreement to begin June 5, 2007, and expire August 11, 2007, with an option to renew for one additional one-year period. L-14322 M&C L-14322 - Approving the acceptance of a lease agreement for natural gas Lease Prairie Dog drilling under 39.56 acres more or less of City-owned properties located in Park for Natural Tarrant County, Texas, known as the Prairie Dog Park to Chesapeake Gas Drilling Exploration Limited Partnership for a two-year term. C-22123 M&C C-22123 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, LLC Midstream Gas Services) that grants Texas Midstream Gas Services a license to use a certain public right-of-way of the City of For Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 5 of 16 C-22124 M&C C-22124 - Authorizing the City Manager to execute a Public Right-of- Mobil Pipe Line Way Use Agreement with Mobil Pipe Line Company (Mobil) that grants Mobil Company a license to use certain public rights-of-way of the City of Fort Worth for the purpose of maintaining and operating an existing natural gas pipeline. C-22125 M&C C-22125 - Rescinding authorization to enter into an engineering TranSystems agreement with TranSystems Corporation, in the amount of $348,032.00 for Corporation d/b/a water and sanitary sewer extensions to serve Hicks Industrial Park; and TranSystems authorizing the City Manager to execute an engineering agreement with Corporation TranSystems Corporation d/b/a TranSystems Corporation Consultants, in the Consultants amount of $348,032.00 for water and sanitary sewer extension to serve Hicks Industrial Park. C-22126 M&C C-22126 - Authorizing the transfer of $334,742.90 from the Water and Ord. No. 17552- Sewer Operating Fund to the Water Capital Project Fund in the amount of 05-2007 $279,896.90 and Sewer Capital Project Fund in the amount of $54,846.00; McClendon adopting Appropriation Ordinance No. 17552-05-2007 increasing estimated Construction receipts and appropriations in the Water Capital Projects Fund in the amount of Company, Inc. $279,896.90 and the Sewer Capital Projects Fund in the amount of$54,846.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with McClendon Construction Company, Inc., for pavement reconstruction and water and sanitary sewer main and replacement on portions of Northwest 22nd Street and Northwest 23rd Street (City Project No. 00289); and authorizing the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $1,004,322.65 for pavement reconstruction and water and sanitary sewer main replacement on portions of Northwest 22nd Street (Ellis Avenue to Lee Avenue and Prospect Avenue to Lincoln Avenue and Pearl Avenue to Chestnut Avenue) and Northwest 23rd Street(Ellis Avenue to Clinton Avenue) (DOE 5137). C-22127 M&C C-22127 - Adopting Supplemental Appropriation Ordinance No. 17553- Ord. No.17553-05- 05-2007 increasing appropriations in the Engineering Fund in the amount of 2007 $42,300.00 and decreasing the unreserved, undesignated fund balance by the Tarrant County same amount, for the purpose of funding books and tuition from Tarrant County College College for the Engineering Department's Construction Inspection Certification Program; and authorizing payment to Tarrant County College in the amount of $42,300.00 for books and tuition for the City's Construction Inspection Certification Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 6 of 16 C-22128 M&C C-22128 - Authorizing the City Manager to apply for and accept, if Ord. No. 17554- awarded, a grant contract with the Texas Department of State Health Services, 05-2007 Chronic Disease Prevention Branch for the Texas Diabetes Program's Texas Department Community Diabetes Service Projects for up to $100,000.00 to be used to of State Health provide community-based diabetes prevention and management programs from Services, Chronic September 1, 2007, to August 31, 2008; adopting Appropriation Ordinance No. Disease Prevention 17554-05-2007 increasing estimated receipts and appropriations in the Grants Branch Fund in the amount of $100,000.00, subject to receipt of the Texas Diabetes Program's Community Diabetes Service Projects Grant from the Texas Department of State Health Services, Chronic Disease Prevention Branch, for the purpose of funding community-based diabetes prevention and management programs; waiving indirect costs of 17.59 percent of related salary and fringe benefits which are the most recent rates indicated by the Finance Department; and authorizing a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of$25,000.00 for the interim financing for this grant pending contract execution to secure program continuation from one grant funding period to the next. C-22129 M&C C-22129 - Authorizing the City Manager to apply for, accept and Ord. No. 17555- execute, if awarded, a grant contract with the Texas Department of State Health 05-2007 Services for up to $100,000.00 to be used to increase immunization levels in Texas Department birth to 18 year old children and provide awareness and education at the of State Health community level from September 1, 2007, to August 31, 2008; adopting Services Appropriation Ordinance No. 17555-05-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00, subject to receipt of the grant from the Texas Department of State Health Services, for the purpose of funding the Public Health Department Immunization Outreach Program; waiving indirect costs of 17.59 percent of related salary and fringe benefits which are the most recent rates indicated by the Finance Department; and authorizing a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of$25,000.00 for the interim financing of this grant pending contract execution to provide for a smooth transition from one grant funding to the next. C-22130 M&C C-22130 - Authorizing the transfer of$24,000.00 from the Lake Worth Ord. No. 17556- Infrastructure Escrow Account to the Water and Sewer Operating Fund; and 05-2007 adopting Appropriation Ordinance No. 17556-05-2007 increasing estimated Transfer Funds to receipts and appropriations in the Water and Sewer Operating Fund in the Replace Pontoon amount of $24,000.00 from a Lake Worth Infrastructure Escrow Account Boat, Motor and transfer, for the purpose of funding the purchase of a pontoon boat, motor and Trailer trailer for the Lake Worth Management Office. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 7 of 16 C-22131 M&C C-22131 - Adopting Supplemental Appropriation Ordinance No. 17557- Ord. No. 17557- 05-2007 increasing appropriations in the Water and Sewer Fund in the amount 05-2007 of $135,876.00 and decreasing the unreserved, retained earnings by the same Malcolm Pirnie, amount, for the purpose of executing a contract with Malcolm Pirnie, Inc., to Inc. prepare a cost of service study for wholesale water rates and providing a rates modeling tool for both wholesale and retail water and wastewater rates; and authorizing the City Manager to execute a contract with Malcolm Pirnie, Inc., in the amount not to exceed $230,876.00 for the purpose of preparing a cost of service study for wholesale wastewater rates and providing a rates modeling tool for both wholesale and retail water and wastewater rates. C-22132 M&C C-22132 - Adopting Appropriation Ordinance No. 17558-05-2007 Ord. No. 17558- increasing estimated receipts and appropriations in the Park Gas Lease Projects 05-2007 Fund in the amount of $123,950.00 from gas well bonus revenues for the Ecological purpose of executing a professional services agreement with Ecological Communications Communications Corporation for environmental master planning of Tandy Corporation Hills and Stratford Park natural area; and authorizing the City Manager to execute a professional services agreement with Ecological Communications Corporation in the amount of $118,950.00 for environmental master planning of Tandy Hills Park. The motion carried. End of Consent Agenda. Agenda Item X Council Member Davis made a motion, seconded by Council Member Espino, Presentations by that Elizabeth Anne Rose be appointed as her representative on the Youth City Council Advisory Board effective May 22, 2007. The motion carried unanimously nine Appointments (9) ayes to zero (0) nays. Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Robert W. Beardsley be appointed to Place 6 on the Board of Adjustment - Residential effective May 22, 2007, with a term expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. 268 There was presented Council Proposal No. 268 proposing that the City Council Waive Fee for authorize a waiver of the zoning change application fee, in the amount of Zoning Change at $924.00, for property located at 3705 Crestline Road, subject to an application 3705 Crestline being made by September 30, 2007. Road Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Council Proposal No. 268 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 8 of 16 Agenda Item XI Council Member Espino advised that in his capacity as Chairman to the Sports Committee Authority he would present a letter signed by Mayor Moncrief at the Public Presentations Hearing scheduled for tonight regarding the proposed improvements to State Highway 114. He read the letter into the record as follows: May 22, 2007 Mr. Bill Hale, P.E. Distric Engineer Texas Department of Transportation P.O. Box 133068 Dallas, TX 75313-3067 Mr. Buz Elsom, P. E., Denton Area Engineer Texas Department of Transportation 2624 West Prairie Denton, TX 76201 Re: Proposed SH 114 Improvements Dear Messrs. Hale and Elsom: We are delighted to see actions underway to provide improvements to SH 114 that will provide our citizens with improved mobility. As you are aware, one of the major corporate citizens in that area is Speedway Motorsports, Inc., which operated the Texas Motor Speedway (TMS). We are embarking upon a master planning effort for the entire area that includes TMS and property surrounding it. The master plan will include both land use and traffic impacts. It is imperative that you know of the concerns we share with TMS about the ingress and egress at this major trip generator. We look forward to working closely with you as we all work to address these concerns and appreciate your willingness to do so. In the meantime, we believe that your development of additional access lanes on SH 114 between I-35 and FM 156 is in the best interest of all concerned. We respectfully reserve our comments on the main highway lanes until we have substantial information and details to offer constructive comments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 9 of 16 Thank you for your continued vigilance towards solving our region's mobility and air quality problems. Sincerely, /s/Mike Moncrief Mike Moncrief Mayor Agenda Item XHI There was presented a resolution appointing Brooks Harrington to serve in Res. No. 3488-05- Place 10 on the Mayor's Advisory Commission on Homelessness beginning 2007 May 22, 2007, and with a term expiring September 30, 2008. Appoint Brooks Harrington to Council Member Davis made a motion, seconded by Council Member Mayor's Advisory Wheatfall, that Resolution No. 3488-05-2007 be adopted. The motion carried Commission on unanimously nine (9) ayes to zero (0) nays. Homelessness Res. No. 3489-05- There was presented a resolution appointing Cornelia R. Mendez as Hearing 2007 Officer in the Parking Violations Bureau to serve a two-year term, expiring Appoint Cornelia June 21, 2009. Mendez as Hearing Officer in Council Member Wheatfall made a motion, seconded by Council Member Parking Violations Espino, that Resolution No. 3489-05-2007 be adopted. The motion carried Bureau unanimously nine (9) ayes to zero (0) nays. Res. No. 3490-05- There was presented a resolution approving the issuance and sale of Dallas/Fort 2007 Worth (D/FW) International Airport Facility Improvement Corporation Approve Issuance American Airlines, Inc., Revenue Refunding Bonds, Series 2007, if certain and Sale of D/FW parameters are met; approving documents related thereto; and related matters. International Airport Facility Council Member Espino made a motion, seconded by Council Member Improvement Burdette, that Resolution No. 3490-05-2007 be adopted. The motion carried Corporation unanimously nine (9) ayes to zero (0) nays. American Airlines, Inc., Revenue Refunding Bonds, Series 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 10 of 16 Res. No. 3491-05- Marty Hendrix, City Secretary, advised the City Council that the official count 2007 of the City Council Election held on May 12, 2007, was completed on Canvass Returns May 12, 2007, and the returns of the election, as reported by the presiding & Declaration of officers of each voting precinct who, upon their oath, stated the returns of their Results of General respective boxes were true and correct, as follows: Election Held on May 12, 2007 RETURNS OF THE CITY COUNCIL ELECTION MAY 12, 2007 Member of the City Council - Mayor Mike Moncrief 16,429 Louis "Mac" McBee 3,140 Charles Hibbler 926 Member of the City Council - District 2 Salvador"Sal" Espino 1,166 Member of the City Council - District 3 Linda Garcia 804 Chuck Silcox 2,604 Member of the City Council - District 4 Patrick Krick 1,349 Danny Scarth 1,648 Belinda Currie 17 Member of the City Council - District 5 Lonnie Woods 311 Tammy Pierce 184 Frank Moss 1,104 Rickie Clark 210 Sharon Armstrong 171 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 11 of 16 Member of the City Council - District 6 Clyde Picht 1,782 Dalton J. Harrell 569 Jungus Jordan 2,492 Member of the City Council - District 7 Sophia Bassett 807 Carter Burdette 2,176 Member of the City Council - District 8 Kathleen Hicks 839 Member of the City Council - District 9 Bernie Scheffler 406 Wendy R. Davis 1,330 Council Member Silcox made a motion, seconded by Council Member Davis, that the City Council adopt Resolution No. 3491-05-2007 canvassing the returns of the Election and declaring the results of the Election held on May 12, 2007, and finding correct that Mike Moncrief be elected as Mayor; Salvador "Sal" Espino be elected to City Council District 2; Chuck Silcox be elected to City Council District 3; Danny Scarth be elected to City Council District 4; Frank Moss be elected to City Council District 5; Jungus Jordan be elected to City Council District 6; Carter Burdette be elected to City Council District 7; Kathleen Hicks be elected to City Council District 8; and Wendy R. Davis be elected to City Council District 9. The motion to approve the resolution canvassing the returns was adopted unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV Mayor Pro tem Hicks presented Mayor Moncrief with his Certificate of Presented of Election. Certificates of Election Mayor Moncrief presented Certificates of Election to Salvador Espino, Chuck Silcox, Danny Scarth, Frank Moss, Jungus Jordan, Carter Burdette, Kathleen Hicks and Wendy Davis. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 12 of 16 AGENDA ITEM XV—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council set today as the date for a public hearing to PZ-2742 adopt an ordinance changing the name of Park Drive to Centerboard Lane Ord. No. 17559- between Bailey-Boswell Road and Park Drive, Fort Worth, Tarrant County, 05-2007 Texas. Mayor Moncrief opened the public hearing and asked if there was Change Name of anyone present desiring to be heard. Park Drive to Centerboard Lane Ms. Dana Burghdoff, Assistant Planning Director, appeared before Council, Between Bailey- gave a staff report and called attention to Mayor and Council Communication Boswell Road and No. PZ-2742, as follows: Park Drive (SN-07-003) There was presented Mayor and Council Communication No. PZ-2742 from the City Manager recommending that the City Council adopt an ordinance changing the name of Park Drive located north between Bailey-Boswell Road and Park Drive to Centerboard Lane, Fort Worth, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. PZ-2742 be approved and Ordinance No. 17559-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22133 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-22133, Authorize the City Manager to Execute a May 29, 2007 Consulting Agreement with Salvaggio, Teal & Associates Consulting for First Phase of the Enterprise Resource Planning Project and Adopt Appropriation Ordinance, be continued until the May 29, 2007, Council meeting. C-22134 There was presented Mayor and Council Communication No. C-22134 from the Ord. No. 17560- City Manager recommending that the City Council approve the increase in the 05-2007 City's in-kind matching fund requirement for the 2005 U.S. Department of U.S. Department Housing and Urban Development's (HUD) Lead Hazard Control Program of Housing and (LHC) grant from $300,000.00, as approved in M&C G-14811, to Urban $2,318,351.45, as set forth in the final contract between the City and HUD; Development authorize the City Manager to ratify the contract with HUD dated October 27, 2005, with an in-kind match of $2,318,351.45; approve the use of $2,318,351.45 from Community Development Block Grant and Texas Department of Housing and Community Affairs grant funds as the City's additional matching fund portion of the LHC grant; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 13 of 16 in the amount of$2,018,351.45, subject to receipt of the Lead Hazard Control Program Grant from the U.S. Department of Housing and Urban Development, for the purpose of ratifying a contract with HUD executed on October 28, 2005. Mayor Pro tem Hicks made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-22134 be approved and Appropriation Ordinance No. 17560-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22135 There was presented Mayor and Council Communication No. C-22135 from the Ord. No. 17561- City Manager recommending that the City Council authorize the City Manager 05-2007 to accept a grant of $60,000.00 from the Fort Worth Housing Authority Fort Worth (FWHA) to provide housing counseling and homeownership training and Housing Authority related services to its Housing Choice Voucher Homeownership Program (HCVHP) from May 11, 2007, to May 10, 2008; authorizing 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 FWHA's HCVHP for the period from May 11, 2007, to May 10, 2008; 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. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22135 be approved and Appropriation Ordinance No. 17561-05-2007 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22136 There was presented Mayor and Council Communication No. C-22136 from the D/FW City Manager recommending that the City Council authorize the Interlocal International Agreement between the Dallas/Fort Worth (D/FW) International Airport Board Airport Board of of Directors and the City of Fort Worth to provide gas well inspector service at Directors D/FW International Airport. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22136 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 14 of 16 C-22137 There was presented Mayor and Council Communication No. C-22137 from the Ord. No. 17562- City Manager recommending that the City Council authorize the transfer of 05-2007 $448,017.24 from the Water and Sewer Operating Fund to the Water Capital Stabile & Winn, Projects Fund in the amount of$409,407.24 and Sewer Capital Projects Fund in Inc. the amount of $38,610.00; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$409,407.24 and the Sewer Capital Projects Fund in the amount of $38,610.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on portions of Clairemont Avenue, Chicago Avenue and East Ramsey Avenue (City Project No. 00295); and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,499,988.48 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on portions of Clairemont Avenue (East Lancaster Avenue to Hawlet Street), Chicago Avenue (East Lancaster Avenue to Panola Avenue) and East Ramsey Avenue (New York Avenue to Beverly Avenue). Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22137 be approved and Appropriation Ordinance No. 17562-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22138 There was presented Mayor and Council Communication No. C-22138 from the Ord. No. 17563- City Manager recommending that the City Council adopt a supplemental 05-2007 appropriation ordinance increasing appropriations in the General Fund in the Tiburon, Inc. amount of $95,177.00 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of executing a sole source Maintenance and Master Support Agreement for the Records Management System Software with Tiburon, Inc., for the Police Department; authorize execution of a sole source Maintenance and Master Support Agreement for the Records Management System for the Police Department with Tiburon, Inc., for an amount not to exceed $95,177.00, with payments due 30 days from invoice date; and authorize this agreement to begin March 2, 2007, and expire March 1, 2008, with options to renew for two additional one-year periods. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22138 be approved and Supplemental Appropriation Ordinance No. 17563-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22, 2007 PAGE 15 of 16 AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-082 It appeared that the City Council, at its meeting of May 15, 2007, continued the Continued until hearing of the application of Waterview Estates North, L.P., for a change in June 26, 2007 zoning of property located at the 4701, 5100 through 5200 block of East Loop 820 South from "MH" Manufactured Housing to "A-5" One Family Residential (Tract 1) and "E" Neighborhood Commercial (Tract 2), Zoning Docket No. ZC- 07-082. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Wheatfall advised Council of the letter from the applicant requesting a continuance until the City Council meeting of June 26, 2007. He expressed his continued concern with alcohol sales being allowed as part of the zoning. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-082 hearing be continued until June 26, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVII Mr. Joe Don Brandon, 1515 East Lancaster, requested the City of Fort Worth's Citizen definition of a "homeless person". Mr. Brandon was not present in the Council Presentations Chamber. Joe Don Brandon Agenda Item It was the consensus of the City Council that they recess into Executive Session XVIII at 10:47 a.m. to: Executive Session 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues related to gas drilling; b) Legal issues concerning premature street failures; c) Legal issues concerning automated red light enforcement; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 22,2007 PAGE 16 of 16 d) Legal issues concerning the regulation of alcohol sales and consumption; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:15 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 12:15 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 29th day of May, 2007. Attest: Approved: Marty H drix Mic ael J M Grief City Secretary Mayor L