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HomeMy WebLinkAbout2005/05/31-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3112005 Date & Time On the 3151 day of May, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:30 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members .and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Chuck Silcox; Council Members Salvador Espino, Becky Haskin, Donavan Wheatfall, Clyde Picht, Carter Burdette, Kathleen Hicks, and Wendy Davis; City Manager Charles Boswell, City Attorney David Yett; City Secretary Marty Hendrix. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend F. R. Mays, Charity Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Mayor Pro tempore Silcox, the minutes of the regular meeting of May 24, 2005, were approved unanimously. Special Council Member Haskin presented a Proclamation for Hunger Presentations Awareness Day to Mr. Bo Soderbergh, Executive Director of the Tarrant Area Food Bank (TAFB), and Mr. Fernando Costa, Incoming President of the TAFB Board of Directors. Council Member Wheatfall presented a Proclamation for Homeownership Month to Mr. Jerome Walker, Housing Department Director, Mr. Terry Barnes, Director of the Single Family Division for HUD Region Vl, Ms. Vanessa Boling, Community Relations Department Director, Ms. Effie Booker, Director of the Fort Worth- Dallas Partnership Office, Fannie Mae, and Ms. Betty Bjork, Director, Housing Choice Voucher Program with the Housing Authority. Mr. Walker also advised of the series of events that would be held in this regard. Ms. Booker spoke about their new program ' to assist City of Fort Worth employees with home purchases. Mr. Jason Smith, representing the Fort Worth Dog Park Association, presented each Council Member with a copy of a recent issue of Dog Fancy Magazine. He stated that the magazine had reviewed over 700 dog parks in the nation and that Fort Worth was named the second best dog park in the nation. He added that as part of that recognition, Fort Worth would receive a check for $10,000.00 for improvements to the park. He congratulated the City on this achievement. He advised of an upcoming event on .June 4x" to celebrate this recognition. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 2 of 19 Res. #3210-05- There was presented Resolution No. 3210-05-2005 requesting 2005 financial assistance from the Texas Water Development Board. Request Council Member Haskin made a motion, seconded by Mayor Pro Financial tempore Silcox, that the resolution be adopted. The motion carried Assistance from unanimously. Texas Water Development Board Announcements Council Member Picht acknowledged the presence of members from the B-36 Museum Association, Inc., and stated that he wanted to impress upon the new members of the Council the importance of keeping the B-36 aircraft in Fort Worth. He.stressed the value of the aircraft to Fort Worth's history and stated that funding needed to be obtained to house and maintain the aircraft in the City. He suggested it be. placed at Meacham Field. Council Member Wheatfall announced that the Southeast Economic Development Summit would be conducted on June 3, 2005 at the Holiday Inn South. He pointed out that Congressman Michael Burgess was sponsoring this event. He also announced that the District 5 Summit for job creation would be conducted June 4, 2005 at the Wilkerson-Greines Activity Center. Council. Member Hicks announced that the Fort Worth Modern Art Museum had a new group, The Modern Contemporaries, which was an effort to bring young people into the arts community. She added that the.new group would conduct its first event on June 2, 2005 from 7:00 p.m. to 9:00 p.m. at the Modern Art Museum and that everyone interested could call . (817) 840-2115 for more information. . Council Member Espino announced that the theatrical production of "The Fantastics" would be held at the Rose Marine Theater at 1434 N. Main on June 1-4, 2005. He encouraged everyone to attend the play and stated that tickets could be purchased by calling the theater box office at.(817) 624-8333. Council Member Burdette announced that a meeting to address property issues around Lake. Worth and South Lake Worth and other issues that may affect the area would be held on June 2, 2005 from 7:00 p.m. to 9:00 p.m. at Grace Baptist Church and encouraged everyone interested to attend CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 3 of 19 Council Member Picht stated that voting for the District 6 Run-off election was in progress. He added that early voting resumed today after breaking for the holiday, and would continue through June 7, 2005 culminating with the run-off election on June 11, 2005. He further stated that all District 6 registered voters could vote in the run-off election, and that a person did not have to vote in the General election to be able to vote in the run-off election. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. C-20764 be withdrawn from the consent. agenda. Council Member Picht requested that Mayor and Council Communication No. G-14813 be withdrawn from the consent agenda. Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. C-20764 be continued for one week. Staff Consent Agenda On motion of Mayor Pro tempore Silcox, seconded by Council Member Wheatfall, the consent agenda, as amended, was adopted unanimously. Presentations by There were no -changes presented by the City Council in City Council memberships in the City's boards and commissions. Res. #32'11-05- There was presented Resolution No. 3211-05-2005 appointing 2005 Regina Blair to serve on the Fort Worth Arts Commission Place No. Appoint Regina 1 effective May 31, 2005, and with a term expiring October 1, 2005, Blair to Serve on filling a vacancy due to resignation. Council Member Davis made a Fort Worth Arts motion, seconded by Council Member Burdette, that the resolution Commission be adopted. The motion carried unanimously. Place #1 Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1488 There was presented Mayor and Council.Communication No. OCS- Claims 1488 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTHs TEXAS MAY 3112005' PAGE 4 of 19 OCS-1489 There was presented Mayor and Council Communication No. OCS- Payment to 1489 from the Office of the City Secretary recommending that the Tarrant County City Council authorize payment to Tarrant County for election for Election services to conduct the District 6 Runoff Election on June 11, 2005. Services to Mayor Pro tempore Silcox made a motion, seconded by Council Conduct District Member Davis, that the recommendation be adopted. The motion 6 Runoff carried unanimously. Election on .June 11, 2005 G-14810 There was presented Mayor and Council Communication No. G- Ord. #16448-05- 14810 from the City Manager recommending that the City Council: 2005 Accept Grant 1. Authorize the City Manager to apply for and accept, if from U.S, awarded, a grant of up to $245,000.00 from the U.S. Department of Department of Housing and Urban Development for Housing Housing and Counseling Services; Urban 2. Adopt Appropriation Ordinance No. 16448-05-2005 Development for increasing estimated receipts and appropriations in the Homeownership Grants Fund in the amount of $245,000.00 subject to receipt Counseling of a grant from the U.S. Department of Housing and Urban Services Development for the purpose of funding Homeownership Counseling Services; and 3. Certify that the activities to be funded with the Housing Counseling Services funds are consistent with the City's Consolidated Plan. It was the consensus of the City Council that the recommendation be adopted. G-14811. There was presented. Mayor and Council Communication No. G- Ord. #16449-05- 14811 from the City Manager recommending that the City Council: . 2005 Accept Grant 1. Authorize the City Manager to apply for and accept, if from U.S. awarded, a grant of up to $3,000,000.00 from the U.S. Department of Department of Housing and Urban Development for Lead- Housing and Based Paint Hazard Control, to be entitled the Area Lead Urban Education, Reduction and Training Program Number 2 with a Development for ten percent"in-kind"'match required from the City; Paint azad 2. Adopt Appropriation Ordinance No. 16449-05-2005 Paint Hazard` increasing estimated receipts and appropriations in the Control Grant Grants Fund in the amount of $3,000,000.00 subject to Program receipt of a grant from U.S. Department of Housing and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 5 of 19 .Urban Development for the purpose of funding Lead-Based Paint Hazard Control services of the Area Lead Education Reduction and Training Program Number 2; 3. Certify that the activities to be funded with the grant are consistent with the City's Consolidated Plan; and 4. Authorize the City Manager to enter into agreements or amend such agreements with the Tarrant County Public Health Department, the Fort Worth Housing Authority, the City of Denton, area nonprofit housing organizations and other entities as may be necessary and appropriate within the.scope of the program and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. G-14812 There was presented Mayor and Council Communication No. G- Ord. #16450-05- 14812 from the City Manager recommending that the City Council: 2005. Accept Grant 1. Authorize the City Manager to apply for and accept, if from U.S, awarded, a grant of up to $4,000,000.00 from the U.S. Department of Department of Housing and Urban Development for a Lead Housing and Hazard. Reduction Demonstration Grant Program with a 25 Urban percent "in-kind" match required from the City; Development for 2. Adopt Appropriation Ordinance No. 16450-05-2005 Lead Hazard.: increasing estimated receipts and appropriations in the Reduction Grants Fund in the amount of $5,000,000.00 subject to Demonstration receipt of a grant from U.S. Department of Housing and Grant Program Urban Development for the purpose of funding a Lead Hazard Reduction Demonstration Program; 3. Certify that the activities to be funded with the grant are consistent with the City's Consolidated Plan; and 4.. Authorize the City Manager to enter into agreements or amend such agreements with the Tarrant County Public Health Department, the Fort Worth Housing Authority, the City of Denton, area non-profit housing organizations and other entities as may be necessary and appropriate within the scope of the program and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 6 of 19 G-14813 There was presented Mayor and Council Communication No. G- Res. #3212-05- 14873 from the City Manager recommending that the City Council 2005 authorize the City to continue to retain the law firm of Kelly, Hart Continue and Hallman and designate Alan D. Hegi as outside counsel Employment of pursuant to Chapter VI, Section`3 of the City Charter to assist the Outside Counsel City Attorney with legal issues regarding the Southeast Landfill to Assist& including access to the landfill; and adopt Resolution No. 3212-05- Advise City on 2005 fixing in advance as far as practicable, the compensation to Legal Issues be paid to Kelly, Hart and Hallman an additional amount of Related to $50,000.00 for a total amount not to exceed $'100,000.00. Southeast . . Landfill Council Member Picht stated that many problems were still associated with the Southeast Landfill and inquired if there was a limit of expenditures for the landfill: (Council Member Espino stepped away from the dais.) City Attorney Yett stated that this M&C dealt with legal services needed to acquire property and construct an alternate route into the Southeast Landfill. He added that there had been a continuing problem with the City of Kennedale and access on Dick Price Road which had led the City to look at alternate access. He further stated that if additional information was needed by the Council, he would provide that information' in Executive Session because of potential litigation involving this matter. Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. G- 14813 be adopted. The motion carried unanimously with Council Member Espino being absent.. G-14814 There was presented Mayor and Council Communication No. G- Ord. #16451-05- 14814 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16451-05-2005 increasing Transfer Funds estimated receipts and appropriations in the Contract Street from Fort Worth Maintenance Fund ' in the, amount of $622,572.75 based on a Transportation receivable `from the Fort Worth Transportation Authority, for the Authority for FY purpose'of funding a portion of the Fiscal Year 2004-2005 Street 2004-2005 Street Maintenance Program. It was the consensus of the City Council Maintenance that the recommendation be adopted: Program CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 7 of 19 G-14815 There was presented Mayor and Council Communication No. G- Ord. #16452-05- 14815 from the City Manager recommending that the City Council 2005 authorize the City Manager to apply for and accept, if awarded, a Accept Secure Secure Our Schools grant from the Community Oriented Policing Our Schools Services Office in the amount of $50,000.00; authorize the City Grant from Manager to accept matching funds in the amount .of $50,000.00 Community from the Fort Worth Independent School District; and adopt Oriented Appropriation Ordinance No. 16452-05-2005 increasing estimated Policing receipts and appropriations in the Grants Fund in the amount of Services and $100,000.00, subject to receipt of the Secure Our Schools grant Accept Funds from the Community Oriented Policing Services Office, for the from Fort Worth purpose of funding a surveillance system at South Hills High Independent School. It was the consensus of the City Council that the School District recommendation be adopted. G-14816 There was presented Mayor and Council Communication No. G- Reimburse 14816 from the City Manager recommending that the City Council Hillwood authorize the City Manager to reimburse Hillwood Development Development Corporation in the amount of $104,696.41 for user refunds and Corporation water system on-site credits. It was the consensus of the City Council that the recommendation be adopted. G-14817 There was presented Mayor and Council Communication No. G- Verify Historic 14817 from the City Manager recommending that the City Council Site Tax approve the application from the property owner, Van Rothrock for Exemption for verification of the Historic Site Tax Exemption for 1417 Alston 1417 Alston Avenue. Council Member Davis made a motion, seconded by Avenue Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously with Council Member Espino .being absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to approve the mid-year amendment to the FY 2004-2005 Crime Control and Prevention District Budget for Police Department equipment. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Executive Deputy Chief Pat Kneblick, representing the Police Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14815, as follows. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 8 of 19 G-14818 There was presented Mayor and Council Communication No. G- Ord. #16453-05- 14818 from the City Manager recommending that the City Council: 2005 Mid-Year 1. Approve a mid-year amendment of $391,856.00 to the FY Amendment to 2004-2005 Crime Control and Prevention District (CCPD) FY 2004-2005 budget to fund the purchase of police equipment; and CCPD for Police Department 2. Adopt Supplemental Appropriation Ordinance No. '16453-05- Equipment 2005 increasing appropriations in the Crime Control and Prevention District Fund in the amount of $391,856.00 and decreasing the Reserved, Undesignated Fund balance by the same amount; for the purpose of funding the purchase of police equipment in the Police Department. (Council Member Espino returned to his chair at the dais.) Council Member Picht asked Deputy Chief Kneblick to provide a briefing on the weapon replacement and expressed his concern for commonality of weapons. Executive Deputy Chief Kneblick stated that the Police Department had noticed a significant quality control problem from the factory that manufactured the Berettas currently in use. She added that the weapons were received with cracks which made them unusable and the failure rates had increased. She further stated that the weapon replacement was a 40 caliber Sig Sauer and this replacement would be a minor transition to officers having a better quality weapon. There being no one else present in connection with the public hearing to approve the mid-year amendment of the FY 2004-2005 Crime Control and Prevention District for Police Department equipment, Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14818 be adopted. The ..motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 9of19 G-14819 There was presented Mayor and Council Communication No. G- Ord. #16454-05 14819 from the City Manager recommending that the City Council: 2005 Ord. #16455-05- 1• Adopt Ordinance No. 16454-05-2005 amending the Code of 2005 the City of Fort Worth (1986), as amended, Chapter 13, "Fire Amend Chapter Protection and Prevention" Article 11, "Fire Department", 13 and 27 of City. Division 1 "Generally", Section 13-23 "Executive Deputy Code to Provide Chief" to increase the payment of assignment pay rate for Increase in the Executive Deputy Chief in the Fire Department; and Payment of 2. Adopt Ordinance No. 16455-05-2005 amending the Code of Assignment Pay the City of Fort Worth (1986), as amended, Chapter 27, Rate.for "Police Article II, "Department", Section 27-23 "Executive Executive Deputy Chief' increase the payment of assignment pay Deputy Chiefs rate for the Executive Deputy Chief in the Police Department. Mayor Pro tempore Silcox made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to the mid-year amendment of the FY 2004-2005 Crime Control and Prevention District Budget for mobile data computers. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Executive Deputy Chief Pat Kneblick, representing the Police Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14820, as follows. G-14820 There was presented Mayor and Council Communication No. G- Ord. #16456-05- 14820 from the City Manager recommending that the City Council: 2005 2005 .1. Approve the mid-year amendment of $5,200,000.00 to the FY Mid-Year 2004-2005 Crime Control and Prevention District (CCPD) Amendment to budget to fund the purchase of mobile data computers and FY 2004-2005 related equipment; and CCPD for Mobile 2. Adopt Supplemental Appropriation Ordinance No. 16456-05- Data Computers 2005 increasing appropriations in the Crime Control and Prevention District Fund in the amount of $4,497,500.00 and decreasing the Reserved, Undesignated Fund balance by the same amount, for the purpose of funding the purchase of mobile data computers and related equipment in the Police Department. CITY COUNCIL. MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 10 of 19 There being no one else present in connection with the public hearing to approve the mid-year amendment of the FY 2004-2005 Crime Control and Prevention District for mobile data computers, Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox,' that the public hearing be closed and Mayor and Council Communication No. G-14820 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt the Standards of Care for Youth Programs in the Parks. and Community Services Department. Mayor Moncrief opened the. public hearing and asked if there was anyone present desiring to be heard. Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to ' Mayor and Council Communication No. G-14821, as follows: G-14821 There was presented Mayor and Council Communication No. G- Adopt Standards 14.821 from the City Manager recommending that the City Council of Care for adopt the Standards of Care for Youth Programs in the Parrs and Youth Programs Community Services Department. .There being no one else present in connection with the public hearing to adopt the Standards of Care for Youth Programs in the Parks and Community . Services Department, Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the public hearing be closed and Mayor and Council Communication No. G-14821 be adopted.` The motion carried unanimously. P-10160 There was presented Mayor and Council Communication No. P- Anhydrous 10160 from the City Manager recommending that the City Council Ammonia` authorize rescinding the purchase agreement with BBB' Fertilizer Company to provide ` anhydrous ammonia for the Water Department; authorize awarding the purchase agreement to DPC Industries, Inc., to provide anhydrous. ammonia based on the unit price. of $518.00 per ton with payment. due 30 days after receipt of the. invoice; and.authorize this agreement to begin May 31, 2005, and expire May 30,.2006,.with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. .. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 11 of 19 P-10161 There was presented Mayor and Council Communication No. P- Maintenance 10161 from the City Manager recommending that the City Council and Repair of authorize a purchase agreement for maintenance and repair of HVAC Units heating, ventilation and air conditioning (HVAC) units with Johnson Controls, Inc., for the City of Fort Worth based on best value with payment due 30 days after receipt of invoice; authorize this agreement to begin May 31, 2005, and expire May 30, 2006, .with options to renew for three additional one-year periods, and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program." It was the consensus of the City Council that the recommendation be adopted. P-10162 There was presented Mayor and Council Communication No. P- Drums and.Pails 10162 from the City Manager recommending that the City Council authorize a purchase agreement for drums and pails from Questar, Inc., for the City of Fort Worth based on the best value of Distributor's List Price less 33 percent discount. Payment due 30 days from date the invoice is received; authorize this agreement to begin May 31, 2005, and expire on May 30, 2006, with options to renew for two additional one-year periods; and authorize 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." It was the consensus of the City Council that the recommendation be adopted. P-10163 There was presented Mayor and Council Communication No. P- Grass Seed and 10163 from the City Manager recommending that the City Council: Sod 1. Authorize purchase agreements for grass seed and sod with multiple vendors for the City of Fort Worth based on low bid by line item with payment terms of net 30 days; Vendors Line Items Turfgrass America 1-7 and 12 Justin Seed 9-11 13WI Companies 8 2. Authorize these agreements to begin on May 31, 2005, and expire on May 30, 2006, with options to renew for two additional one-year periods; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 12 of 19 3. Authorize 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." It was the consensus of the City Council that the recommendation be adopted. P-10164 There was presented Mayor and Council Communication No. P- Sludge 10164 from the City Manager recommending that the City Council Equipment authorize a sole source purchase for sludge equipment Replacement replacement parts from U.S. Filter Envirex Products for the Water Parts Department for an amount not to exceed $104,462.00 and with payment due 30 days from receipt of invoice. It was the consensus of the City Council that the recommendation be adopted. .P-10165 There was presented Mayor and Council Communication No P- High Voltage 10165 from the City Manager recommending that the City Council Switchgear and authorize a purchase agreement for high voltage switchgear and Electric Motor electric motor repair, maintenance and testing with Shermco Repair, Industries, Inc., for the Water Department with payment due 30 Maintenance days from receipt of invoice; and authorize this agreement to begin and Testing May 31, 2005, and expire June 30, 2006, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10166 There was presented Mayor and Council Communication No. P- Plumbing 10166 from the City Manager recommending that the City Council Repairs confirm the emergency purchase of plumbing repairs at the Fort Worth Convention Center from Jack Scott Plumbing, Inc., for the Water Department for a total .amount not to exceed $105,724.00. Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox, that the recommendation be adopted. The motion carried unanimously. L-14096 There was presented Mayor and Council Communication No. L- Permanent 14096 from the City Manager recommending that the City Council Sewer Line approve the acceptance of one 'permanent sewer line easement Easement described as a portion of Lot 2, Lowery Road School Site, Tarrant County, Texas, from Fort Worth independent School District for property located in east Fort Worth (DOE 4693), necessary for the construction, operation, maintenance and repair of sanitary sewer infrastructure to serve the Lowery Perk Addition located north of John T. White Road' and west of Cooks Lane, at a total cost of $1.00.` it was the consensus of'``the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 13 of 19 PZ-2596 There was presented Mayor and Council Communication No. PZ- Ord. #16457-05- 2596 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16457-05-2005 vacating and extinguishing a Alley Vacation 150 foot portion of a 16 foot wide alley adjacent to Lots 1, 2, 3 and {VA-04-029} 8, 9, 10, of Block 60 of the Factory Plaza Addition, City of Fort Worth, Tarrant County, Texas. Council Member Burdette made a motion, seconded by Mayor Pro tempore Silcox, that the recommendation be adopted. The motion carried unanimously. C-20761 There was presented Mayor and Council Communication No. C- Ord. #16458-05- 20761 from the City Manager recommending that the City Council: 2005 Texas 1. Authorize the City Manager to accept the Weatherization Department of Assistance Program Grant funds totaling $559,630.00 in Housing and anticipated funds and enter into two separate contracts Community with the Texas Department of Housing and Community Affairs Affairs, as follows: a. Department of Energy $255,282.00 b. Low Income Housing Energy $304,348.00 Assistance Program TOTAL $559,630.00 2. Adopt Appropriation Ordinance No. 16458-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $559,630.00 subject to the receipt of the grant from the Texas Department of Housing and Community Affairs for the purpose of funding the Weatherization Assistance Program. It was the consensus of the City Council that the recommendation be adopted. C-20762 There was presented Mayor and Council Communication No. C- Ord. #16459-05- 20762 from the City Manager recommending that the City Council 2005 approve the Joint Ordinance and Boundary Agreement with the City of Forest City of Forest Hill to adjust the boundary between Fort Worth and Hill Forest Hill, City of Fort Worth Ordinance No. 16459-05-2005, for the construction and use of the Southeast Landfill Road; and authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 14 of 19 C-20763 There was presented Mayor and Council Communication No. C- Res. #3213-05 20763 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3213-05-2005 approving the revised budget Revise PID No. 1 and service plan for FY 2004-2005 as requested by the Advisory Budget and Plan Board of Public Improvement District (PID) Noy 1. It was the of Service for FY consensus of the City Council that the recommendation be 2004-2005 adopted. C-20764 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20764, Authorize Execution of Local Project One Week Advance Funding Agreement with the Texas Department of Transportation, Adopt Appropriation Ordinance and Authorize Execution of Advance. Funding Agreement with Ellesmere Investment Corporation for the Schematic Design of North Tarrant Parkway from 1H-35W to US287, be continued for one week. C-20765 There was presented Mayor and Council Communication No. C- Tarrant County 20765 from the City Manager `recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the overlay of Keller Hicks Road (1) from Katy Road to Alta Vista for a distance of 8,017 linear feet; Keller Hicks Road (2) from Alta Vista to Old Denton Road for a distance of 3,418 linear feet (excluding the County section); Katy Road from Keller Hicks Road to Caylor West for a distance of 3,185 linear feet (excluding the County section) and Alta Vista Road from Ray White Road to Golden Triangle` for a distance of 2,384 linear feet (excluding the County`section) in Fort Worth and Tarrant County, Precinct No. 3, for a total cosh to the City not to exceed $312,747.©0 ' It was the consensus of the City Council that the recommendation be adopted. C-20766 There was presented Mayor and Council Communication No. C- Establish Quiet 20766 from the City Manager recommending that the City Council Zones authorize the City Manager to sign a Notice of Quiet Zone Establishment for the creation of a quiet zone at two Fort Worth and Western Railroad'' Crossings at Museum Way and West 7`h Street and at two Trinity `Railway Express Crossings at East 7th Street and East 8eh Street. It was the consensus of the City Council that the recommendation be adopted. C-20767 There was presented Mayor and Council .Communicat"ion No. C- Change Order#3 20767 from the City Manager recommending that the City Council to CSC #28243 - authorize. the City Manager to execute Change Order No. 3 with Mike Albert, Inc. Mike Albert, Inc., in the amount off. $126,459.89 to City Secretary Contract No. 28243, thereby increasing the contract amount to CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 15 of 19 $2,133,739.89 for construction of drainage improvements to Dry Branch Creek (East Belknap Street to Aster Court). It was the consensus of the City Council that the recommendation be adopted. C-20768 There was presented Mayor .and Council Communication No. C- Ord. #16460-05- 20768 from the City Manager recommending that the City Council. 2005 Amendment#1 1. Authorize the transfer of $56,480.00 from the Water and to CSC #29785 — Sewer Operating Fund to the Water Capital Project Fund, in Transystems the amount of$20,330.00 and the Sewer Capital Project Fund Corporation in the amount of$36,150.00; Consultants 2. Adopt Appropriation Ordinance No. 16460-05-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $20,330.00 and the Sewer Capital Project Fund in the amount of $36,150.00 from available funds for the purpose of funding Amendment No. 1 to City Secretary Contract No. 29785 with Transystems Corporation Consultants for additional services to Sanitary Sewer Rehabilitation Contract LXIX (69) Village Creek Drainage Basin, and 3. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 29785 with Transystems Corporation Consultants for additional services to Sanitary Sewer Rehabilitation Contract LXIX Village Creek Drainage .Basin in the amount of $56,480.00, thereby increasing the total contract amount to $305,264.00. It was the consensus of the City Council that the recommendation be adopted. C-20769 There was presented Mayor and Council Communication No. C- Westhill 20769 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Westhill Inc. Construction, Inc., in the amount of $100,000.00 for the construction of speed humps -- phase one. It was the consensus of the City Council that the recommendation be adopted. C-20770 There was presented Mayor and Council Communication No. C- Westhill 20770 from the City Manager recommending that the City Council Construction, authorize the City Manager. to exercise the first option to renew the Inc. annual sidewalk contract for various locations (FY 2004-2005) with Westhill Construction, Inc. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3112005 PAGE 16 of 19 C-20771 There was presented Mayor and Council Communication No. C- Ord.#16461-05, 20771 from the City Manager recommending that the City Council 2005 authorize the transfer of $228,475.00 from the Water and Sewer Ace Pipe Operating Fund to the Sewer Capital Project Fund; adopt Cleaning, Inc. Appropriation Ordinance No. 16461-05-2005 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $228,476.00 from available funds for the purpose of funding a contract with Ace Pipe Cleaning, Inc., for the Trenchless Point Repairs of Sanitary Sewers; and authorize the City Manager to execute a contract with Ace Pipe Cleaning, Inc., in the amount of $228,475.00 for the Trench less Point Repairs of Sanitary Sewers in the City of Fort Worth, It was the consensus of the City Council that the recommendation be adopted. C-20772 There was presented Mayor and Council Communication No. C- Aqua Utilities, 20772 from the City Manager recommending that the City Council Inc, and The . authorize the City Manager to execute a contract with Aqua Resort at Eagle Utilities, Inc., and The Resort at Eagle Mountain Lake, L.P., for the Mountain Lake, City to sell treated water on a temporary basis to Aqua Utilities, L.P. Inc., to supplement the water supply for The Resort on Eagle Mountain Lake. It was the consensus of the City Council that the recommendation be adopted. C-20773 There was presented Mayor and Council Communication No. C- Continued for 20773 from the City Manager recommending that the City Council One Week authorize the reallocation of $50,000.00 in Community Housing Development Organization (CHDO) funds under Federal HOME Program Year 2004; authorize the City Manager to execute a contract with United . Riverside Rebuilding Corporation not to exceed a total of $50,000.00, in Fiscal. 2004 HOME CHDO Support Funds to assist the organization with payment of operating costs; authorize the contract performance period to begin on the date of contract execution and end twelve months thereafter; authorize extension or renewal of the contract for up to one year, if the organization requests an extension; and authorize the City Manager 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. Council Member Hicks stated that as'a new member of the Council she was not familiar' with this Issue. She asked for a delay of one week to allow her more time to review the associated documents. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 17 of 19 Council Member Hicks made a motion, seconded by Council Member Wheatfall, that the recommendation be continued for one week. The motion carried unanimously. C-20774 There was presented Mayor and Council Communication No. C- Worth Heights 20774 from the City Manager recommending that the City Council: Neighborhood Association, Inc. 1. Authorize the City Manager to extend or renew the current contract if the Worth Heights Neighborhood Association, Inc., requests an extension or renewal; 2. Amend the contract if necessary, to achieve Worth Heights' revitalization goals, provided that the amendment is compatible with the neighborhood revitalization strategy and in compliance with applicable laws and regulations; 3. Reallocate $50,000.00 in Year XXVIII CDBG funds from the Worth Heights Small Business Revolving Loan Fund Program to the new Worth Heights Minor Home Repair Program; and 4. Reallocate $20,000.00 in Year XXVIII CDBG funds from the Worth Heights Neighborhood Landscaping Program to the new Worth Heights Minor Home Repair Program. Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox, that the recommendation be adopted. The motion carried unanimously. C-20775 There was presented Mayor and Council Communication No. C- Fort Worth 20775 from the City Manager recommending that the City Council South,Inc. authorize the City Manager to amend the Purchase Agreement with Fort Worth South, Inc., (Contract No. 28494) to sell City-owned property located at the northeast corner of Forest Park Boulevard and Rosedale Street, in accordance with Section 272 of the Texas Local Government Code (Mid-Town Development) to extend the option period to August 1, 2005; and authorize the City Manager to execute an appropriate deed conveying the property to Fort Worth South, Inc., and record the deed, if the terms of the option agreement as amended are satisfied. At the request of Council Members Picht and Wheatfall, Assistant City Attorney Peter Vaky explained that representations had been made to the City Council in December 2003, that the sale proceeds CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 18 of.19 from this property could serve as a potential funding source for a second Economic Development Program Agreement supporting the Bank One Tower development project, if such an agreement was necessary to back-stop funding under a development agreement between the Downtown TIF and the Bank One Tower developer. He further explained that such an agreement was not anticipated to be necessary at this time and that the sale of this property was not. directly connected to the Bank One Tower project. Council Member Davis provided additional information about the responsibilities of the TIF in that area and that the TIF would be able to fulfill its obligations. Assistant City Attorney Cynthia Garcia provided clarification to Council Member Burdette's Pre-Council question regarding whether.. a. bond would be in place to take care of environmental conditions of the property in the event the purchaser failed to do so. Council Member Davis made a motion, seconded by Council Member Espino, that the recommendation be adopted. The motion carried unanimously. Citizen There were no citizen presentations. Presentations Recessed/ The City Council recessed back into the Pre-Council Meeting to Reconvened complete the agenda at 11:24 a.m. and reconvened into Regular Session at 12:35 p.m. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:35 p.m. to: 1. Seek'- the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) . City of Fort Worth v. Calvin B. Peterson, Omas Lewayne Peterson, Cause No. ED-2002-00879-2; b) Legal issues concerning the former Riverside Wastewater Treatment Plant; C) Legal issues concerning gas drilling on airport property;` CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 31, 2005 PAGE 19 of 19 d) 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 12:47 p.m. Adjournment There being no further business, the meeting was adjourned at 12:47 p.m. These minutes approved by the Fort Worth City Council on the 7th day of June, 2005. Attest: Approved: r Marty He Mich a . . Monc of City Secretary May