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HomeMy WebLinkAbout2010/09/21-Agenda-City Council CITY COUNCIL AGENDA FOR THE MEETING AT 7:00 P.M. TUESDAY, SEPTEMBER 21, 2010 CITY COUNCIL CHAMBER, CITY HALL 1000 THROCKMORTON STREET, FORT WORTH, TEXAS I• CALL TO ORDER II. INVOCATION - Pastor Jim Brasel, Ridglea Presbyterian Church III• PLEDGE OF ALLEGIANCE IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 14, 2010 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF VII. CONSENT AGENDA A. General - Consent Items 1. M&C G-17051 - Adopt Ordinance Establishing Maximum Permitted Rates and Charges that Atmos Energy Corporation, Mid-Tex Division, May Assess Customers in the City of Fort Worth 2. M&C G-17052 - Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth and Tarrant County Criminal District Attorney's Office v. Greg Abbott, Attorney General of Texas, Cause Number D-1- GV-10-001346-1, Filed on August 12, 2010, in the 345th District Court of Travis County, Texas 3. M&C G-17053 - Authorize Payment to the Standing Steering Committee of Oncor Electric Delivery Service Area Cities in the Amount of$72,025.00 to Fund Participation in Current and Upcoming Electric Utility Dockets and Rulemakings at the Texas Public Utilities Commission 4. M&C G-17054 - Authorize the Temporary Road Closure of Burnett Street Between Belknap Street and Weatherford Street from September 22, 2010 to December 17, 2010 (COUNCIL DISTRICT 9) 5. M&C G-17055 - Authorize a Time Extension of the Temporary Road Closure of Randol Mill Road Between Cooks Lane and Lowery Road from August 29, 2010 through October 9, 2010 (COUNCIL DISTRICT 4) 6. M&C G-17056 - Authorize the Provision of Water and Sewer Service at 1.25 Times the Retail Rate to Avondale Haslet Dental Center, to Serve a Property Located at 1377 Avondale Haslet Road in Tarrant County Outside of the Fort Worth City Limits Pursuant to City Code Section 35-60B Uses Outside City (COUNCIL DISTRICT 7) 7. M&C G-17057 - Authorize the Execution of Agreements for the Provision of Laboratory Testing Services for Water and Wastewater to Other Entities by the Water Department Laboratory and the Adoption of the Fee Schedule for Such Services Effective October 1, 2010 B. Purchase of Equipment, Materials, and Services - Consent Items Council Date: 9/21/2010 1. M&C P-11165 - Authorize a Purchase Agreement with Fastenal Company for Maintenance, Repair, and Operating Supplies Using a Texas Multiple Award Schedule Cooperative Contract for an Initial Amount of$100,000.00 C. Land - Consent Items 1. M&C L-15056 - Authorize the Execution of a Lease Agreement with Edward Traxson d/b/a the Barber Shop, Inc., for Office Space Located at 6436 Meadowbrook Drive B, for the Police Department at a Cost of$6,600.00 Per Year (COUNCIL DISTRICT 5) 2. M&C L-15057 - Execute An Assignment of the License and Option Agreement with 11211 Katy Freeway, L.P., for Use of the Parking Lot Behind 1500 North Main to 1500 North Main L.L.C. (COUNCIL DISTRICT 2) D. Planning & Zoning - Consent Items - None E. Award of Contract - Consent Items 1. M&C C-24456 - Authorize Acceptance of Additional $100,000.00 of Low Income Weatherization Program Funds from the Texas Association of Community Action Agencies, Inc., Authorize Related Contract Amendment and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) 2. M&C C-24457 - Authorize Change Order No. 3 in the Amount of $52,498.33 to City Secretary No. 38026 with JLB Contracting, L.L.C., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Portions of Hudson Street, Collard Street, Hazeline Drive and Perkins Street (COUNCIL DISTRICT 8) 3. M&C C-24458 - Authorize the Execution of a Contract with Tri-tech Construction, Inc., in the Amount of $196,454.00 for the East Harvey Storm Drain Improvements (COUNCIL DISTRICT 8) 4. M&C C-24459 - Authorize a Crossing Closure Agreement with the Texas Department of Transportation and the Union Pacific Railroad to Close the Ramsey Avenue Railroad Crossing under which TxDOT Will Reimburse the City Up to $150,000.00 for the Installation of Safety Improvements and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) 5. M&C C-24460 - Authorize the Execution of an Agreement with ANA Consultants, LLC, in the Amount of $219,679.00 for the Bonnie Brae and Carter-Riverside Neighborhoods Drainage Master Plan, Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount, and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICTS 2 and 4) 6. M&C C-24461 - Authorize the Execution of an Agreement with Baird, Hampton & Brown, Inc., in the Amount of $68,925.00 for the Burton Hill Trinity Trails Neighborhood Drainage Master Plan (COUNCIL DISTRICT 7) 7. M&C C-24462 - Authorize the Execution of an Agreement with Kimley-Horn & Council Date: 9/21/2010 Associates, Inc., in the Amount of $279,100.00 for the Lake Country Estates Drainage Master Plan, Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICT 7) 8. M&C C-24463 - Authorize an Engineering Agreement with Halff Associates, Inc., in the Amount of$133,116.00 for the Seybold Creek Master Plan, Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount, and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICT 2) 9. M&C C-24464 - Authorize the Execution of an Agreement with Stream Water Group, Inc., in the Amount of $143,787.00 for the Country Day Channel, Xavier Channel, and Marlborough Channel Letter of Map Revision Preparation, Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount and Adopt Supplemental Appropriation Ordinance (COUNCIL DISTRICTS 3 and 6) 10. M&C C-24465 - Authorize the Execution of Change Order No. 1 in the Amount of $68,500.00 to City Secretary Contract No. 40498 with Craig Olden, Inc., for the Permanent Repair of the Retaining Wall Located at the Vickery Boulevard and Hulen Street Intersection (COUNCIL DISTRICT 7) 11. M&C C-24466 - Authorize the City Manager to Execute a Contract with the Boys and Girls Clubs of Greater Fort Worth in the Amount of $276,454.00 to Continue Operation of the Polytechnic Martin Boys and Girls Club and Kirkpatrick Middle School Youth Safe Haven Programs (COUNCIL DISTRICTS 2 and 8) 12. M&C C-24467 - Ratify an Agreement with and Accept $8,206.10 from the Safe City Commission for the City to Provide Enforcement in the Northside of Fort Worth Through a Weed and Seed Grant and Adopt Appropriation Ordinance 13. M&C C-24468 - Authorize an Agreement with ESi Acquisition, Inc., Using a State of Texas Department of Information Resources Contract to Purchase WebEOC Software and Hosting and Support Services for the City's Emergency Operations Center in the Amount of $135,800.00 14. M&C C-24469 - Authorize an Engineering Agreement in the Amount of $212,204.00 with A.N.A Consultants, L.L.C., for Water and Sanitary Sewer Replacement Contract 2009, WSM-A on 5th Avenue, 6th Avenue, Ryan Avenue, Ryan Place Drive, Stadium Drive, Avondale Street, Frazier Avenue and Merida Avenue and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) 15. M&C C-24470 - Authorize the Execution of Amendment No. 2 in the Amount of $83,835.00 to City Secretary Contract No. 28008 with Camp Dresser & McKee, Inc., for Construction Management of the Village Creek Wastewater Treatment Plant High Rate Clarification Project (COUNCIL DISTRICT 5) 16. M&C C-24471 - Authorize the Execution of a Contract for Water and Wastewater Emergency Response with Ace Pipe Cleaning, Inc., in the Council Date: 9/21/2010 Amount of$49,300.00 (ALL COUNCIL DISTRICTS) 17. M&C C-24472 - Authorize Amendment No. 1 in the Amount of$815,922.00 to City Secretary Contract No. 38334 with Freese & Nichols, Inc., for the North and South Holly Water Treatment Plant Ozone Upgrade Project (COUNCIL DISTRICT 9) 18. M&C C-24473 - Authorize a Contract in the Amount of$665,817.00 with Laughley Bridge & Construction, Inc., for Sanitary Sewer Rehabilitation Contract LVI (56), Part 2, on Portions of West Peter Smith Street, West Cannon Street, West Leuda Street, West Terrell Avenue, College Avenue, Alston Avenue and Lipscomb Street and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9) 19. M&C C-24474 - Authorize Change Order No. 3 in the Amount of $35,378.10 to City Secretary Contract No. 38348 with 2L Construction, LLC, for Oakmont and Clear Fork Park Improvements (COUNCIL DISTRICT 3) VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. **OCS - 1785 - Notice of Claims for Alleged Damages and/or Injuries IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Jubilee Theatre Day X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events 2. Recognition of Citizens XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES XIII. BUDGET HEARING 1 Hearing on Proposed Fiscal Year 2010-2011 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance 1. Report of City Staff 2. Citizen Presentations XIV. RESOLUTIONS 1. A Resolution Approving the FY 2010-2011 Budget for Dallas/Fort Worth International Airport 2. A Resolution Approving the 20 Year Funding Plan for Retiree Healthcare Benefits for City of Fort Worth Eligible Retirees 3. A Resolution Rescinding the Financial Management Policy Statement Governing AD Valorem Tax Revenue from Mineral Values XV. ORDINANCES 1 An Ordinance Setting Forth An Itemized Estimate of the Expense of Conducting Each Department, Division and Office of the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2010, and Ending September 30, 2011, and Appropriating Money for the Various Funds and Purposes of Such Estimate; Providing for Public Hearings Upon This Ordinance Before the Entire City Council Sitting as a Council Date: 9/21/2010 Committee of the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances and Appropriations in Conflict with the Provisions of this Ordinance; and Providing for the Publication and Final Passage Thereof 2. An Ordinance Setting Forth an Estimate of the Expense of the General Debt Service Fund of the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2010, and Ending September 30, 2011, and Appropriating Money for the General Debt Service Fund and Purpose of Such Estimate; Appropriating Money to Pay Interest and Principal Sinking Fund Requirement On All Outstanding General Indebtedness; Providing for Public Hearings Upon this Ordinance Before the Entire City Council Sitting as a Committee of the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of all Ordinances and Appropriations in Conflict with the Provisions of this Ordinance; and Providing for the Publication and Final Passage Thereof 3. An Ordinance Providing for the Levy and Collection of an Annual Ad Valorem Tax on All Property, Real, Personal and Mixed, Situated within the Territorial Limits of the City of Fort Worth, Texas, and all Personal Property Owned in Said City of Fort Worth, Texas, on the First Day of January, A.D. 2010, Except Such Property as May be Exempt from Taxation by the Constitution and Laws of the State of Texas; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of all Ordinances in Conflict with the Provisions of this Ordinance; and Providing for the Publication and Final Passage Thereof 4. A Master Bond Ordinance Amending and Restating the Controlling Ordinances Passed Concurrently by the City Councils of the Cities of Dallas and Fort Worth, and Authorizing the Issuance of Additional Joint Revenue Bonds of the Cities Relating to the Dallas/Fort Worth International Airport, Authorizing Other Obligations of the Cities Relating to the Airport, Establishing, Providing, and Confirming the Security Therefore, and Prescribing Other Matters with Respect Thereto 5. Forty-Fourth Supplemental Concurrent Bond Ordinance Authorizing Dallas/Fort Worth International Airport Joint Revenue Improvement Bonds, Series 2010A, for Lawful Purposes; Providing the Security Therefore; Providing for the Sale, Execution and Delivery Thereof Subject to Certain Parameters; and Providing Other Terms, Provisions and Covenants with Respect Thereto 6. Forty-Fifth Supplemental Concurrent Bond Ordinance Authorizing Dallas/Fort Worth International Airport Joint Revenue Refunding Bonds, Series 2011A, for Lawful Purposes; Providing the Security Therefore; Providing for the Sale, Execution and Delivery Thereof Subject to Certain Parameters; and Providing Other Terms, Provisions and Covenants with Respect Thereto 7. Forty-Sixth Supplemental Concurrent Bond Ordinance Authorizing Dallas/Fort Worth International Airport Joint Revenue Improvement and Refunding Bonds, Series 2011 B, for Lawful Purposes; Providing the Security Therefore; Providing for the Sale, Execution and Delivery Thereof Subject to Certain Parameters; and Providing Other Terms, Provisions and Covenants with Respect Thereto XVI. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General 1. M&C G-17058 - Authorize the Transfer of $5,194,768.00 for Fiscal Year 2010 Budgeted Funding of the Public Agencies Retirement Services Retiree Health Care 2. M&C G-17059 - Adopt the Proposed Amendment to the Master Thoroughfare Plan to Realign a Future Minor Arterial, Lakeshore Drive, between Wilbarger Street and East Berry Street along Lake Arlington (COUNCIL DISTRICT 5) C. Purchase of Equipment, Materials, and Services Council Date: 9/21/2010 1. M&C P-11166 - Authorize a Purchase Agreement with UnifiedEdge, Inc., for Radio Over Internet Protocol Software, Hardware, and Related Services Using a State of Texas Department of Information Resources Contract for an Initial Amount of$260,300.00 2. M&C P-11167 - Authorize a Purchase Agreement with Dell Marketing, L.P., for Hardware, Technology Services and Maintenance and Support Services Using a State of Texas Department of Information Resources Contract for an Amount Up to $1,500,000.00, Adopt Supplemental Appropriation Ordinance and Appropriation Ordinance D. Land 1. M&C L-15058 - Approve the Acceptance of a Lease Agreement with XTO Energy Inc., in the Amount of$582,801.68 for Natural Gas Drilling Under 110.988 Acres of City-Owned Properties Known as Fort Worth Botanic Garden Located at 2000 University Drive (COUNCIL DISTRICT 7) 2. M&C L-15059 - Approve the Acceptance of a Lease Agreement with XTO Energy Inc., in the Amount of $71,954.96 for Natural Gas Drilling Under 13.703 Acres of City-Owned Properties Known as 1-30 ROW II Located between University Drive and Montgomery Street (COUNCIL DISTRICT 7) 3. M&C L-15060 - Approve the Acceptance of a Lease Agreement with XTO Energy Inc., in the Amount of$756,877.21 for Natural Gas Drilling Under 144.139 acres of City-Owned Properties Known as Will Rogers Memorial Center Located at 3401 West Lancaster Avenue (COUNCIL DISTRICT 7) 4. M&C L-15061 - Authorize the Sale of Fifty-Three Tax-Foreclosed Properties in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of$121,846.00 (COUNCIL DISTRICTS 5, 7 and 8) 5. M&C L-15062 - Authorize the Condemnation of a Fee Interest in 0.213 Acres of Land for Right-of-Way, Temporary Construction Easement and a Permanent Drainage Easement, Owned By Wood Springs Partners Ltd. and Located at 3665 Keller Hicks Road, for the North Beach Phase I Roadway Project (COUNCIL DISTRICT 2) 6. M&C L-15063 - Authorize the Condemnation of a Fee Interest in 0.155 Acres of Land for Right-of-Way and 0.010 Acres for a Temporary Construction Easement, Owned By Billy Jo Ferrell Jr., and Located at 8659 Old Decatur Road, for the Old Decatur Roadway Project (COUNCIL DISTRICT 7) E. Planning & Zoning - None F. Award of Contract 1. M&C C-24475 - Authorize An Increase in Payment for Additional Long Distance and Telecommunications Network Services Under a Services Agreement with the State of Texas Department of Information Resources Using a Texas Agency Network Contract for the Information Technology Solutions Department at an Amount Not Council Date: 9/21/2010 to Exceed $300,000.00 2. M&C C-24476 - Authorize the Execution of a Public Right-of-Way Use Agreement Granting Texas Midstream Gas Services, LLC a License to Construct and Operate a Natural Gas Gathering Pipeline Across Bomar Avenue, East of Windham Street for a One-Time License Fee of$2,337.50 (COUNCIL DISTRICT 8) 3. M&C C-24477 - Authorize the Execution of a Public Right-of-Way Use Agreement Granting Range Texas Production a License to Construct and Operate a Natural Gas Pipeline Across Oak Grove Road, North of Enon Road (COUNCIL DISTRICT 8) 4. M&C C-24478 - Authorize a Contract in the Amount of $1,314,579.80 with McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Parsons Lane, Calhoun Street and Jones Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) 5. M&C C-24479 - Adopt Appropriation Ordinance for State Funded Grant Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2010-2011 Compliance Monitoring Strategy for Air Quality Program in the Amount of $278,013.00 and Authorize In- Kind Match in the Amount of$136,932.00 6. M&C C-24480 - Authorize Amendment No. 1 to City Secretary Contract No. 39973, a Community Facilities Agreement with XTO Energy Inc., to Add City Participation in the Amount of $48,642.24 for Construction of Sewer Main to Serve Hemphill Heights a Development Located in Fort Worth (COUNCIL DISTRICT 9) XVII. ZONING HEARING 1. ZC-10-116B - (CD 2) - City of Fort Worth Planning & Development, 2911, 2913, 3107, & 3221 N. Main Street; from: "I" Light Industrial, "J" Medium Industrial and "PD-834" Planned Development for all uses in "E" Neighborhood Commercial plus hotel, site plan included to: "FR" General Commercial Restricted, "PD/I" Planned Development for all uses in "I" Light Industrial excluding bar, tavern, cocktail lounge, club, private or teen, club, commercial or business, massage parlor, liquor or package store, tattoo parlor, pawn shop, crematorium, fabricating or manufactured housing, manufactured home/RV repair, paint mixing or spraying, paper box manufacture, sheet metal shop, warehouse or bulk storage, sexually oriented business, and manufacture of aluminum, brass or other metals from bone, paper, rubber, leather or plastics, a 10 ft. x 120 ft. landscaped bufferyard with screening fence and five new trees a minimum 3" caliper to be located at west property line adjacent to residential, the supplemental setback adjacent to residential to be a minimum of 25', all uses to be conducted indoors; site plan waiver requested, and retain "PD-834" Planned Development for E uses plus hotel, site plan included. (Recommended for Approval) (Continued from a Previous Meeting) XVIII. EXECUTIVE SESSION (PRE-COUNCIL ) - See Attachment XIX. ADJOURNMENT According to the City Council Rules of Procedures, individual citizen presentations shall be limited to three minutes, and group presentations shall be limited to ten minutes. The Mayor, at his discretion, Council Date: 9/21/2010 may reasonably extend these limits. Fort Worth Council Chamber, is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are requested to contact the City's ADA Coordinator at(817) 392-8552 or e- mail ADA(a)f ort Worth Texas.gov at least 48 hours prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least 48 hours prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Council Date: 9/21/2010