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HomeMy WebLinkAbout2010/10/05-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Absent Council Member Carter Burdette, District 7 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:25 a.m. on Tuesday, October 5, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burdette absent. IL INVOCATION m Reverend Floyd Moody, Sr., Mount H ®run► Missi onary Baptist Church The invocation was provided by Reverend Floyd Moody, Sr., Mount Horum Missionary Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. CONSIDERATION c REGULAR SEPTEMBER OF Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the minutes of the regular meeting of September 28, 2010, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 2 of 25 VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. A. General - Consent Items 1. M &C G -17072 - Approve Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $31,168.80 for Police Officer Richard Miller Approved by the City Council as recommended and as follows: Approving a Six (6) Month Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $31,168.80 for Police Office Richard Miller Beginning September 16, 2010, Through March 17, 2011. C. Land - Consent Items 1. M &C L -15073 - Authorize the Sale of a Tax Foreclosed Property Located at 3617 Rufus Street to James Cushman 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 $6,720.00. Approved by the City Council as recommended and as follows: Authorizing the Sale of a Tax Foreclosed Property Located at 3617 Rufus Street, Described as Lot 5, Block 7A- Burton Acres, to James Cushman 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 $6,720.00; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to the Highest Bidder in Compliance With the Bid Form Specifications to Complete the Sale. 2. M &C L -15074 - Authorize the Purchase of 0.128 Acres of Land in Fee for Right -of -Way and a 0.041 Acres for a Temporary Construction Easement Located at 11509 Alta Vista Road from Lucille Huckabay for a Total of $27,606.25 and Pay the Estimated Closing Costs of $3,000.00 for the North Beach Street Widening Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 3 of 25 (VII. CONSENT AGENDA Continued) Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 0.128 Acre of Land in Fee for Right -of -Way and 0.041 Acre for a Temporary Construction Easement Located at 11509 Alta Vista Road, Described as Abstract No. 266, Tract 2J05, Francisco Cuella Survey, Fort Worth, Texas, From Lucille Huckabay; Finding That the Price of $26,906.25 Offered for the Purchase of the Right -of -Way and $700.00 for the Temporary Construction Easement is Just Compensation; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments, and to Pay Closing Costs Up to $3,000.00. 3. M &C L -15075 - Authorize the Fee Acquisition of 0.017 Acres of Right -of -Way Located at 612 South Edgewood Terrace from Irene Arellano for a Total of $1,000.00 and Pay the Estimated Closing Costs Up to $1,500.00 for the Avenue M, Edgewood Terrace South and Valley Vista Drive Pavement Reconstruction Project 5B. Approved by the City Council as recommended and as follows: Authorizing the Fee Acquisition of 0.017 Acre of Right -of -Way, Excluding Minerals, Located at 612 South Edgewood Terrace, Described as a Portion of Lot 14A, Block 1, E. E. Fosdick Subdivision, Murray Hill Addition, Fort Worth, Tarrant County, Texas, From Irene Arellano; Finding the Price of $1,000.00 is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and Pay the Estimated Closing Costs Up to $1,500.00 for the Avenue M, Edgewood Terrace South and Valley Vista Drive Pavement Reconstruction Project 5B. 4. M &C L -15076 - Authorize the Fee Acquisition of 0.012 Acres of Right -of -Way Located at 650 South Edgewood Terrace from Grant Clark, Raymond Clark, Russell Clark and Rachel Archer for a Total of $1,925.00 and Pay the Estimated Closing Costs of $1,500.00 for Avenue M, South Edgewood Terrace and Valley Vista Drive Pavement Reconstruction Contract 5B. Approved by the City Council as recommended and as follows: Authorizing the Fee Acquisition of 0.012 Acre of Right -of -Way, Excluding Minerals, Located at 650 South Edgewood Terrace, Described as a Portion of Lot 7A, Block 2, E. E. Fosdick Subdivision, Murray Hill Addition, Fort Worth, Tarrant County, Texas, From Grant Clark, Raymond Clark, Russell Clark and Rachel Archer for the Avenue M, South Edgewood Terrace and Valley Vista Drive Pavement Reconstruction Contract 513; Finding the Price of $1,925.00 is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and Pay the Estimated Closing Costs Up to $1,500.00. 5. M &C L -15077 - Authorize the Purchase of 0.156 Acres in Fee Located at 8615 and 8635 Old Decatur Road from Joseph E. Smith for a Total of $3,321.00 and Pay the Estimated Closing Costs of $1,000.00 for Right -of -Way for the Old Decatur Road Widening Project from Bailey - Boswell to W. J. Boaz Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 4 of 25 (VII. CONSENT AGENDA Continued) Approved by the City Council as recommended and as follows: Authorizing the Acquisition of 0.156 Acre in Fee Located at 8615 and 8635 Old Decatur Road, Described as Abstract No. 834, Tr 1, 113, I &G N R R Co. Survey, Fort Worth, Texas, From Joseph E. Smith for Right -of -Way; Finding That the Total Price of $3,321.00 is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $1,000.00 for the Old Decatur Road Widening Project From Bailey - Boswell to W. J. Boaz Road. 6. M &C L -15078 - Accept the Dedication of Approximately 19.374 Acres of Parkland and Facility Improvements from Barham & Harris Development One, L.P., as an Addition to Anderson Park. Approved by the City Council as recommended and as follows: Accepting the Dedication of Approximately 19.374 Acres of Parkland and Facility Improvements Described as Being a 5.304 Acre Tract of Land Situated in the John Askew Survey, Abstract No. 16, Intending to be All of Lot 133R -1, Block 2 of Parkview Hills, an Addition to the City of Fort Worth, Tarrant County, Texas, and Being a 5.521 Acre Tract of Land Situated in the John Askew Survey, Abstract No. 16, Intending to be All of Lot 133R -3, Block 2 of Parkview Hills, an Addition to the City of Fort Worth, Tarrant County, Texas, and Being an 8.549 Acre Tract of Land Situated in the Alexander F. Albright Survey, Abstract No. 1849, Intending to be All of Lot 146, Block 1 of Parkview Hills, an Addition to the City of Fort Worth, Tarrant County, Texas, From Barham & Harris Development One, L.P., as an Addition to Anderson Park. D. Planning & Zoning - Consent Items 1. M &C PZ -2912 - Authorize the City Manager to Initiate Rezoning of Certain Properties in Phase One of the Northside Neighborhood in Accordance with the Comprehensive Plan. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Initiate Certain Zoning Changes in Phase One of the Northside Neighborhood, From Various Districts to "A -5" One - Family, "B" Two - Family, "CR" Low Density Multi- Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "I" Light Industrial, "PD" Planned Development and Historical Overlays will be Retained, in Accordance With the Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 5 of 25 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 2. M &C C -24504 - Authorize the Execution of a Professional Services Agreement with HillCo Partners, LLC, in an Amount Not to Exceed $61,000.00 for Consulting Services Related to State Legislative Issues and Concerns. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Agreement in the Amount of $61,000.00 With HillCo Partners, LLC, for Professional Services Involving Consultation With the City of Fort Worth and Representation of the City Before the Texas State Legislature, State Agencies, State Boards and State Commissions, and the Office of the Governor. The Term of the Contract Will be From October 1, 2010, to September 30, 2011, With an Option to Renew for One (1) Year Under the Same Terms and Conditions. 3. M &C C -24505 - Authorize the Execution of a Professional Services Contract in an Amount Not to Exceed $55,270.00 with Lawrence Collins for Consultation and Representation on State Issues Before the Texas State Legislature, State Agencies, State Boards and State Commissions, and the Office of the Governor. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract in the Amount of $55,270.00 With Lawrence Collins for Professional Services Involving Consultation With the City of Fort Worth and Representation of the City Before the Texas State Legislature, State Agencies, State Boards and State Commissions, and the Office of the Governor. The Term of the Contract Will be From October 1, 2010, to September 30, 2011, With an Option to Renew for One (1) Year Under the Same Terms and Conditions. 4. M &C C -24506 - Authorize the Execution of Professional Services Agreement in an Amount Not to Exceed $59,616.00 with Patrick A. Svacina, d /b /a PAS Communications, for Consulting Services Related to State and Federal Legislative and Administrative Issues. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Contract in the Amount of $59,616.00 With Patrick A. Svacina, d /b /a PAS Communications, for Consulting Services and as a Legislative Liaison for State and Federal Legislative and Administrative Issues. The Term of the Contract Will be From October 1, 2010, to September 30, 2011, With an Option to Renew for One (1) Year Under the Same Terms and Conditions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 6 of 25 (VII. CONSENT AGENDA Continued) 5. M &C C -24507 - Authorize the Execution of Development Agreements in Lieu of Annexation with Multiple Property Owners for Property Located Generally East of Boat Club Road and North of Bailey Boswell Road and with Multiple Property Owners for Property Located South of W. J. Boaz Road and West of Old Decatur Road. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Development Agreement Between the City and Multiple Property Owners for the Application of Development Standards in Lieu of Annexation for Property Located Generally East of Boat Club Road and North of Bailey Boswell Road in Unincorporated Tarrant County; and Executing a Development Agreement Between the City and Multiple Property Owners for the Application of Development Standards in Lieu of Annexation for Property Located South of W. J. Boaz Road and West of Old Decatur Road in Unincorporated Tarrant County. 6. M &C C -24508 - Authorize the City Manager to Execute a Broker of Record Agreement with Hub International Rigg to Procure Property, Boiler and Machinery, Environmental and Other Lines of Insurance, as Well as Provide Consulting and Actuarial Services Pertaining to Insurance - Related Matters for a Fee of $132,000.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Broker of Record Agreement With Hub International Rigg to Procure Property, Boiler and Machinery, Environmental and Other Lines of Insurance, as Well as Provide Consulting and Actuarial Services Pertaining to Insurance - Related Matters for a Fee of $132,000.00; and Authorizing the Broker of Record Agreement With Hub International Rigg to Begin October 1, 2010, and Expire September 30, 2013, With Options to Renew for Two (2) Additional One (1) Year Periods at an Annual Fee of $44,000.00. 7. M &C C -24509 - Authorize Amendment No. 2 in the Amount of $90,600.00 to City Secretary Contract No. 35498, an Engineering Agreement with Teague Nall & Perkins, for the Storm Water Utility Project -5100 Cromwell Marine Creek Culvert and Comanche Trail Culvert Improvements. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $90,600.00 to City Secretary Contract No. 35498 With Teague Nall & Perkins, for the Storm Water Utility Proj ect -5100 Cromwell Marine Creek Culvert and Comanche Trail Culvert Improvements, Thereby Revising the Total Contract Cost to $256,315.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 7 of 25 (VII. CONSENT AGENDA Continued) 8. M &C C -24510 - Authorize Change Order No. 1 in the Amount of $118,072.00 to City Secretary Contract No. 39328 with Laughley Bridge and Construction, Inc., for Additional Construction Items Necessary for the Robin - Denver Storm Drain Reconstruction. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $118,072.00 to City Secretary Contract No. 39328 With Laughley Bridge and Construction, Inc., for Additional Construction Items Necessary for the Robin - Denver Storm Drain Reconstruction Project (City Project No. 00086), Thereby Increasing the Contract Amount to $1,825,520.00. 9. M &C C -24511 - Authorize an Engineering Agreement in the Amount of $70,117.00 with Wade Trim, Inc., for Design of the Storm Water Utility Project - Lochwood Court Drainage Improvements. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement With Wade Trim, Inc., in the Amount of $70,117.00 for Design of the Storm Water Utility Proj ect- Lochwood Court Drainage Improvements (Project No. 01069). 10. M &C C -24512 - Authorize Change Order No. 1 in the Amount of $89,216.82 to City Secretary Contract No. 39047 with Advanced Paving Acquisition, Ltd., for Hot Mix Asphaltic Concrete (HMAC) Surface Overlay 2009 -9 at Seventeen Locations. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Change Order No. 1 in the Amount of $89,216.82 to City Secretary Contract 39047 With Advanced Paving Acquisition, Ltd., Thereby Increasing the Total Amount to $1,042,410.02, for Hot Mix Asphaltic Concrete Surface Overlay 2009 -9 at 17 Locations. 11. M &C C -24513 - Authorize a Storm Water Facility Maintenance Agreement with D.R. Horton - Texas, LLC, and the Tehama Ridge Owners Association for Property Located East of Harmon Road and North of Heritage Trace Parkway at No Expense to the City. Approved by the City Council as recommended and as follows: Authorizing the Execution of a Storm Water Facility Maintenance Agreement With D.R. Horton- Texas, LLC, and the Tehama Ridge Owners Association for Property Located East of Harmon Road and North of Heritage Trace Parkway, at 10550 Harmon Road, Described as Lot 25X, Block 18, Tehama Ridge Phase 1C, at No Expense to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 8 of 25 (VII. CONSENT AGENDA Continued) 12. M &C C -24514 - Authorize the Execution of an Agreement Between the United States Department of Justice, Drug Enforcement Administration and the City of Fort Worth, Regarding Payment of Overtime in an Amount Up to $84,517.00 for Participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2011 and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Agreement With the United States Department of Justice, Drug Enforcement Administration, Regarding the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2011; Authorizing the Agreement to Begin on October 1, 2010, and End on September 30, 2011, and Provide That a 30 -Day Advance Written Notice be Required for Termination of the Agreement; Authorizing the Department to Accept Up to $84,517.00 for Reimbursement of Overtime Payments Made to Officers Assigned to the North Texas High Intensity Drug Trafficking Area Task Force Group 2; and Adopting Appropriation Ordinance No. 19381 -10 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $84,517.00, Subject to Receipt of Funds From the United States Department of Justice, Drug Enforcement Administration for the Purpose of Funding the Reimbursement. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1788 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. E. Award of Contract - Consent Items (Removed from Consent for Individual Consideration) 1. M &C C -24503 - Authorize the Execution of a Professional Services Agreement in an Amount Not to Exceed $170,980.00 with The Franklin Partnership, L.L.C., for Consultation and Representation on Federal Legislative Issues. The recommendation was that the City Council Authorize the City Manager to Execute a Contract in the Amount of $170,980.00 With the Washington, D.C. Firm, The Franklin Partnership, L.L.C., for Professional Services Involving Consultation and Representation Before the Congress of the United States, United States Federal Agencies and the White House Administration. The Term of the Contract Will be From October 1, 2010, to September 30, 2011, With a One (1) Year Option to Renew Under the Same Terms and Conditions. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24503 be approved. The motion carried seven (7) ayes, to one (1) nay, with Council Member Hicks casting the dissenting vote and Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 9 of 25 IX. SPECIAL PRESENTATIONS, , 1. Presentation of Proclamation for Goodwill Industries of Fort Wort aY Council Member Zimmerman presented a Proclamation for Goodwill Industries of Fort Worth Day to Mr. David Cox, Senior Vice President of Retail Sales and Marketing and Ms. Kristen Bostick, Marketing Communications Coordinator, Goodwill Industries. He stated that October served as National Disabilities Month and Goodwill Industries of Fort Worth was the non - profit leader in helping disabled persons and their families achieve maximum independence in their communities in and around Tarrant County. He advised that 92% of all money earned by Goodwill Industries of Fort Worth went toward an extensive variety of programs and services for disabled and /or disadvantaged individuals seeking to be self - sufficient citizens in Tarrant County. He further advised that Goodwill Industries of Fort Worth strived to maintain an employment ratio of 80% disabled workers, committing their employment services to those in need. Mr. David Cox expressed appreciation to the City Council for the proclamation and showed a promotional video which advocated Goodwill Industries International, Inc., as the largest employer of people with disabilities in the world, creating a global effort to helping disabled persons. Mayor Moncrief encouraged everyone to donate items to Goodwill Industries of Fort Worth and stated that Goodwill Industries was a true blessing especially during these tough economic times. 1. Upcoming a nd Recent Events Council Member expressed appreciation to Mayor Pro tem Scarth for speaking at the first annual Harambee Festival held at Evans Plaza on October 2, 2010. She stated that the festival was well attended and added that she looked forward to the festival becoming an annual event. Mayor Pro tem Scarth agreed that the Harambee Festival was a well attended successful event. He also announced that the City of Fort Worth was named the 14th most accessible city in the Nation. He stated the City still had a long way to go but it was great to be recognized for what had already been done to ensure access to all areas of the City for persons with disabilities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 10 of 25 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burns advised that Arts Goggle was held on October 2, 2010, and was a great success with 65 venues and hundreds of artists this year. He stated that the growing event was held annually in the Spring and Fall and brought artists and visitors from all over North Texas. He also announced Tarrant County Gay Pride Festival and Parade was held on October 3, 2010, in the Near Southside District. He stated that Gay Pride Week concluded on October 10, 2010, starting at noon, with a family picnic at Trinity Park, located south of 7th Street. He also announced that the Parks and Community Services Department's annual Arbor Day celebration would be held on October 9, 2010, at 10:00 a.m. at Traders Oak Park, 1206 Samuels Avenue. He stated that the event would feature a "Tour of Trees," which would include selected Fort Worth Heritage Trees in the Cultural District, staffed by volunteers ready to discuss the history of the tree and its surroundings. He added that the tour kicked off with The Traders Oak presentation by local historian Quentin McGown. Council Member Zimmerman announced that MedStar Emergency Medical Services was recognized internationally on October 2, 2010, when two (2) Fire executives from Hong Kong, China visited to learn more about medical service initiatives. He stated the visit was very informative and the City also learned about how emergency medical services were handled in China. He stated that October marked the 10th anniversary of Camp Bowie District as a Public Improvement District. He stated that the Camp Bowie District had launched a re- branding campaign in order to further efforts to revitalize the Camp Bowie Boulevard community. He stated in addition to Camp Bowie District having a new logo, each of the three (3) districts making up the boulevard would be represented by their own logo. He also stated that each zone of the boulevard would have its own events with the Inaugural Camp Bowie Christmas beginning after Thanksgiving. He also advised that Camp Bowie West was scheduled to have an event in the Spring. He encouraged everyone to visit the new interactive website at www.cami)bowiedistrict.com. He also advised that the Bike Rodeo event sponsored by Ridglea Hills Addition Neighborhood Association, Fort Worth Police Department and Bethel United Methodist Church that was rescheduled due to inclement weather, would be held on October 9, 2010, from 10:00 a.m. to 2:00 p.m. at the Bethel United Methodist Church, located at 5000 Southwest Boulevard. He advised that there would be free hot dogs, chips and drinks along with vehicle VIN etching and information about bike safety. Mayor Pro tem Scarth announced that the ALS (Lou Gehrig's Disease) — Walk for the Cure would be held on October 9, 2010, at 10:00 p.m., at Trinity Park and encouraged everyone to attend the event. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 11 of 25 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Espino expressed appreciation to the members of St. Peter Lutheran Church, located in far north Fort Worth, for the invitation to the dedication ceremony of their new church building. He stated over 200 people came to the ceremony, including Mayor Carl E. Gierisch, City of Roanoke, and City Administrator Drew Corn, Town of Northlake. He stated it was exciting to see the City of Fort Worth working with both the City of Roanoke and the Town of Northlake. He also announced that in celebration of Hispanic Heritage Month, the Kimball Art Museum would welcome children and adults of all ages to a free event on October 10, 2010, from noon to 5:00 p.m., which would celebrate the rich culture of the ancient Maya. He advised that patrons could see more than 90 works of Mayan art, many of which had never been displayed in the United States, including massive, carved stone monuments; exquisitely decorated vessels; charming sculpted human and animal figurines; and lavish goods crafted from jade, gold and turquoise. He stated the events would include performances from Latin Express, Grupo Pakal, Ballet Folklorico de Fort Worth, Coro Yidzat it Kay, and Mariachis, as well as, art activities and face painting. He also announced that Hispanic Heritage Month was coming to an end and advised that Musicarte would be held October 8 and 9, 2010, in Sundance Square, from noon to 10:30 p.m. Council Member Moss announced that the Historic Handley Community would host their Annual Handley Festival on October 9, 2010, from 10:30 a.m. to 10:30 p.m. He stated the event would feature antique cars and information about historic sites around the Handley Community. Council Member Jordan reminded everyone that tonight was National Night Out and encouraged everyone to visit with their neighbors and Neighborhood Police Officers about safety. He also expressed appreciation to those who participated in crime prevention. Mayor Moncrief announced that the Texas Rangers Baseball Team would be in the playoffs for the first time in 11 years. He encouraged everyone to catch "Red Fever" and explained that symptoms were: wearing antlers, making a claw hand signal, wearing Texas Rangers clothing, an extreme need to watch Texas Rangers Baseball, spontaneously yelling "let's go Rangers ", and the urge to eat nachos and hotdogs. He stated the Texas Rangers would play in Tampa Bay, Florida, on October 6, 2010, at 12:37 p.m. and on October 7, 2010, at 1:37 p.m. and then in Arlington, Texas, on October 9, 2010, at 4:07 p.m., and if necessary on October 10, 2010, at a time to be determined. 2. Recognition of Citizens There were no citizens recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 12 of 25 Appointments: City Zoning Commission and Fort Worth Alliance Airport Zoning Commission Mr. Charles Edmonds, Jr. Board of Adjustment — Commercial and Fort Worth Alliance Airport Board of Adjustment Mr. Norris Fletcher Reappointments: Urban Design Commission Mr. Norris Fletcher Aviation Advisory Board Mr. Alex Jimenez Community Development Council Mr. Patrick Main Library Advisory Board Ms. Deborah Martinak Historic and Cultural Landmarks Commission Ms. Brenda Sanders Wise Fort Worth Commission for Women Ms. Rachel Navej ar The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 13 of 25 (XI. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mr. Danny Sims, be appointed to Place 6 on the Parks and Community Services Advisory Board effective October 5, 2010, with a term expiring October 1, 2012. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that the following individuals be appointed or reappointed to Place 8 on boards and commissions as indicated effective October 5, 2010, and with terms expiring October 1, 2012: Board of Adjustment — Residential Mr. Jerry Tinkle City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees Mr. Donald Richard Boren Library Advisory Board Mr. Jessie Johnson The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. XIL PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR COMMITTEES There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTIONS CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 14 of 25 XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-17073 - Approve t e Appointment y the Fort Worth Human e ati s Commission of Angela Rush as Administrator and Approve the Salary Set by the Commission in Accordance with the Classification and e sation Plan r i yeas. The recommendation was that the City Council Approve the Appointment by the Fort Worth Human Relations Commission of Angela Rush as Administrator and Approve the Salary Set by the Commission in Accordance With the Classification and Compensation Plan for City Employees. Mr. Estrus Tucker, 3304 Lake Como Drive, Chair, Fort Worth Human Relations Commission, appeared before Council in support of Mayor and Council Communication No. G -17073 and expressed appreciation to the City Council for listening to the Commission's needs and recommendations. He also expressed appreciation to City Manager Fisseler for his leadership and professionalism relative to the Human Relations Commission. He also expressed appreciation to the City Manager's Office and Human Resources Department staff for their leadership. He recognized Angela Rush, Administrator of the Human Relations Commission, and affirmed the Human Relations Commission's support for her as the administrator. He also introduced staff members of the Human Relations Unit of the City Manager's Office. He acknowledged Ms. Vanessa Boling, Director, Community Relations Department, and expressed appreciation for her contributions and leadership during her tenure. Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G -17073 be approved. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. 2010A, for the Purpose of Funding Various Projects for Capital Improvements and Reimbursement to the New Equipment Purchases Fund. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in Various Funds in the Amount of $46,568,468.44, From the Sale of Combination Tax and Revenue Certificates of Obligation, Series 2010A, for the Purpose of Funding Various Projects for Capital Improvements and Reimbursement to the New Equipment Fund; Funding Costs Related to Phase 11 of the Enterprise Resource Planning System Allocated to the General Fund and Golf Fund; Reimbursing the General Fund Balance for the Purchase of Fire Equipment; and Capital Improvement Projects for the Parking Garage Capital Project Fund. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 15 of 25 (G -17074 Continued) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17074 be approved and Appropriation Ordinance No. 19382 -10 -2010 be adopted. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. OR, Ru t in the 2004 Bond Pro2ram. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in Various Funds in the Amount of $21,428,710.30, From the Sale of City of Fort Worth, Texas, General Purpose Bonds, Series 2010, for the Purpose of Funding Various 2004 Bond Program Projects. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17075 be approved and Appropriation Ordinance No. 19383 -10 -2010 be adopted. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. (Council Member Espino left his place at the dais.) The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Risk Management Fund in the Amount of $505,540.78, From Available Funds for the Purpose of Transferring Said Funds to Various Operating Funds Due to Subrogation Recovery; and Authorize the Transfer From the Risk Management Fund to Various Funds. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17076 be approved and Appropriation Ordinance No. 19384 -10 -2010 be adopted. The motion carried unanimously seven (7) ayes, to zero (0) nays, with Council Members Burdette and Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 16 of 25 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 17 of 25 D. Land 11 i 111! 1 i rrr!�11111� 11111iji9 11 ..................... ............. .................................. inc.,e to- i�-e e N a e mee e d e We e a teies Park. (Continued from a Previous Meetin� The City Council at its meeting of September 28, 2010, continued Mayor and Council Communication No. L-15071. It was the Consensus of the Council that Mayor and Council Communication No. L-15071 be Withdrawn from Consideration. W-UAMIZIA-W, 'JIMIXIMIRM Drilling Under 15.354 Acres, More or Less, of Rodeo Park. The recommendation was that the City Council Approve the Extension of the Rodeo Park Lease Agreement With Chesapeake Exploration, LLC, for a 12-Month Period in the Amount of $30,708.00 for Natural Gas Drilling Under 15.354 Acres More or Less, of Rodeo Park. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-15079 be approved. The motion carried unanimously seven (7) ayes, to zero (0) nays, with one (1) abstention by Council Member Jordan and Council Member Burdette absent. F. Award of Contract .................... Agreement with the 3741 S.W. LoM 8 t Same Location in the Amount of $711,650.00 and Adopt Appropriation Ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 18 of 25 (C -24515 Continued) The recommendation was that the City Council Authorize the City Manager to Accept the Donation of 2.097 Acres of Land at 3741 S.W. Loop 820 Upon Acceptance of the Leased Property Improvements; Authorize the City Manager to Enter Into a Ten (10) Year Lease to Purchase Agreement With the 3741 S.W. Loop 820, L.P., for an Annual Amount Not to Exceed $459,000.00; Authorize the Expenditure of Up to $252,650.00 for One (1) Time Costs That Include Installation of IT Communication and Alarm Systems, Moving Expenses, Additional Equipment and Furnishings; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Unrestricted Gas Lease Revenue Section of the Capital Projects Reserve Fund in the Amount of $711,650.00 From Available Funds, for the Purpose of Transferring Said Funds to the General Fund for the New Southwest Municipal Court and City Services Facility; Authorize the Transfer From the Capital Projects Reserve Fund - General Unrestricted Gas Lease Revenue to the General Fund; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $711,650.00 From Available Funds. Council Member Espino stated he would support this item; however, he wanted to emphasize again that there were no City facilities north of Loop 820 in his district, thus those citizens had to drive to downtown to do City Business. Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24515 be approved with appreciation to the Planning and Development Department and Appropriation Ordinance Nos. 19388 -10 -2010 and 19389 -10 -2010 be adopted. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. Time License Fee of $22,533.50. The recommendation was that the City Council Authorize the City Manager to Execute a Public Right - of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Southwest Drive, Sunrise Drive, Cunningham Road, Eastview Street, Hemphill Street, Parkview Drive, Prairieview Drive, Ronald Drive, and Claudia Drive, for a One (1) Time License Fee of $22,533.50. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C -24516 be approved. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 19 of 25 The recommendation was that the City Council Authorize a Substantial Amendment to the City' s 1994 -1995, 1995 -1996, 1997 -1998, 1999 -2000, 2000 -2001, 2002 -2003, 2003 -2004, 2005 -2006 and 2006 -2007 Action Plans; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet United States Department of Housing and Urban Development Commitment, Disbursement and Expenditure Deadlines; Authorize a Change in Use and Expenditure of $555,000.00 in Prior Year's HOME Investment Partnerships Program Grant Funds to Prince Hall Gardens Associates, LP, in the Form of a Subordinate Interim Loan for Acquisition and Rehabilitation of the Prince Hall Gardens Apartments Located at 1800 East Robert Street, Fort Worth, Texas; Authorize the City Manager, or His Designee, to Execute a Conditional Commitment With Prince Hall Gardens Associates, LP, for a Two (2) Year Subordinate Interim Loan That Conditions Loan Funding, Among Other Things, on Satisfactory Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a Contract With the Prince Hall Gardens Associates, LP, for the Project for a Two (2) Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1) Year if Prince Hall Gardens Associates, LP, Requests an Extension and Such Extension is Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals Provided That the Amendment is Within the Scope of the Project and in Compliance With City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds. Mr. Chris Akbari, 3735 Honeywood Court, Port Arthur, Texas 77642, completed a speaker card in support of Mayor and Council Communication No. C- 24517, but did not wish to address the Council. Council Member Hicks expressed appreciation to the City Council and the Housing and Economic Development Department staff for their leadership through rehabilitation of an area in the City that had been problematic for years. She also expressed appreciation to Prince Hall Gardens Associates, LP, for their commitment to the rehabilitation of the area. Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24517 be approved. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 20 of 25 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 21 of 25 (C -24519 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24519 be approved and Appropriation Ordinance No. 19391 -10 -2010 be adopted. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. �I District Detention Juveniles in the Tarrant County Juvenile The recommendation was that the City Council Authorize the City Manager to Execute a Contract With NewDay Services for Children and Families for the Fiscal Year 2011 Community -Based Funding From the Crime Control and Prevention District Fund in the Amount of $40,751.50 to Operate a "Character Counts!" Program for Juveniles in the Tarrant County Juvenile Detention Center. Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24520 be approved. The motion carried unanimously eight (8) ayes, to zero (0) nays, with Council Member Burdette absent. XV. CITIZEN PRESENTATIONS 1 I I I Mr. Joe Don Brandon, P.O. Box 1155 appeared before Council and stated the "T" bus drivers received a $0.25 wage increase which was a 2% increase over the past two years, which he stated was an insult. He displayed several photographs of the intersection of 10th and Throckmorton Street and stated the "Yield to Pedestrians" sign blended in with the construction netting and barricades and advised it was an extremely dangerous intersection. He also displayed photographs of a bucket truck without warning cones or a flagger and a school bus that blocked a crosswalk and advised those situations were dangerous to both pedestrians and drivers. He displayed photographs of a water hose that was stretched across the street and stated it was hazardous. He also stated that he had video taped the manipulation and intimidation tactics that had been used on him throughout the City and advised that he had the right to attend Council meetings and expose people. He advised that these issues took place before Police Chief Jeff Halstead was hired and congratulated the Police Department on the awards that they had won. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 22 of 25 (XV. CITIZEN PRESENTATIONS Continued) Other Citizen Presentations: Ms. Jerry J. Horton, 2608 Carter Avenue, appeared before Council relative to the junk and code violations at 2616 Carter Avenue. She displayed photographs of the property and stated that the junk in the yard was devaluing her property and requested stronger fines and more mandates relative to the state in which people could maintain their property. She stated that if the property owner could not pay the fines then the property should be seized. She added that the house on the property would likely have to be condemned. She advised that she had contacted the Senator and Congressman for her district and they both advised her to contact the Mayor and Council. She advised that the rats, vermin and kittens had over taken the property and had started coming on to her property. She also displayed photographs of how the property looked after it had been cleaned up by the City on a previous Council Member Hicks advised that the property owner had received fines and was part of a current court case. She also advised that a young child was living in the residence and requested Mr. Brandon Bennett, Director, Code Compliance Department provide further information. Mr. Bennett advised that there were five (5) to six (6) properties around the City that were repeat offenders and most were taken to court and found guilty. He advised that the City obtained an order from the Building Standards Commission and was allowed to clean up the property. He stated that if the fines were not effective then the next step was to go to the District Court and get injunctive relief, which would allow the City to enter the property at any time to clean the property. He advised that there was a young child involved and the Code Compliance Department was also working with Child Protective Services and waiting for a ruling on the case. Council Member Hicks advised that the City had cleaned up this particular property three (3) times previously and stated taxpayer dollars should not be used to clean up the property again. She requested the City Council be updated on the court proceedings relative to 2616 Carter Avenue. Ms. Diane Criswell, 7029 Culver Avenue, appeared before Council in opposition to the modern streetcar program and stated she grew up in San Francisco, California and understood how great the streetcars could be. She further stated that the majority of the City's population was over age 65 and only 17% had achieved a higher education, which was low in her opinion and added that no one would use the streetcar system. She also stated that the City did not have a financial district like most of the large cities that had modern streetcar programs. She advised that the development was taking place in north Fort Worth on the outskirts of the City not downtown and people in the City liked to drive their cars. She also stated that the citizens did not get to vote on the Trinity River Vision project and advised that most people did not support it. She requested that the Council listen to the voices of the taxpayers and vote how the citizens wished to vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 23 of 25 (XV. CITIZEN PRESENTATIONS Continued) Ms. Beverly Branham, 6487 Woodstock Road, appeared before Council and clarified that the Ridglea Hills Addition Neighborhood was the neighborhood holding the Bike Rodeo, not Ridglea Hills Neighborhood. She also stated that the modern streetcar program was going to change the notable characteristic of Fort Worth from cohesive neighborhoods to a theme park business district for downtown. She stated that buses were a flexible mode of transportation and streetcars were not. She advised that the population numbers used to focus this development were questionable. She stated the grouping of population numbers was entitled on the U.S. Census "Dallas Fort Worth Metroplex ", which included Dallas, Arlington and Fort Worth. She stated it was wrong to compare the City with Seattle, Washington and Portland, Oregon because they were not like Fort Worth. She referenced the entrance and exits doors at the Ridglea Library and stated they were presented as closed doors for the purpose of swaying the vote for the budget. She stated she understood that the City was a corporation and needed to make money, but she felt the City was misrepresenting the numbers so certain people could benefit. Ms. Libby Willis, representing Friends of Riverside Park, 2300 Primrose Court, appeared before Council relative to the Riverside Park Master Plan. She advised that the Parks and Community Services Advisory Board declined to support the staff recommendation for the version of the Master Plan with flood storage. She added that there was question whether the Board should have voted on the other version of the Master Plan which did not include flood storage. She also stated that the residents loved Riverside Park and wanted park improvements, but stated that flood storage was not considered a park improvement. She stated residents were also concerned about damage to Oakhurst Scenic Drive, which was built in 1936 and was eligible for the National Historic Register of Historic Places. She pointed out that 14,000 trucks trips per year could severely damage that historic scenic road. She stated there was also concern about the loss of parkland and environmental concerns such as loss of trees due to the demolition of a building at the south end of the park. She also pointed out that the sign advising that the fish in the Trinity River were not edible was missing and requested the sign be replaced. She stated that City staff advised her in February 2010 that the sign would be replaced. Mayor Moncrief recessed the regular City Council meeting into Executive Session at 11:23 a.m., on Tuesday, October 5, 2010. XVL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) The Fort Worth City Council convened into Executive Session at 11:23 a.m. to complete the agenda items as follows and with the following members present: Mayor Mike Moncrief, Mayor Pro tem Daniel Scarth; Council Members Salvador Espino, Frank Moss, Jungus Jordan, Kathleen Hicks and Joel Burns. City Manager Dale Fisseler; and City Attorney David Yett. Council Member Burdette was absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 24 of 25 (XVI. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) Continued) 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, and as authorized by Section 551.071 of the Texas Government Code: a. Legal issues concerning premature street failures; b. Legal issues regarding proposed changes to the City's rooster and fowl ordinances; and c. Legal issues concerning the purchase of electricity for City facilities; and d. Legal issues concerning the Police/Fire Training Center; and e. Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, exchange, 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 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. (Mayor Moncrief left the session at 11:47 a.m.) Mayor Pro tem Scarth adjourned the Executive Session at 12:10 p.m. The City Council reconvened into regular session at 12:10 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 5, 2010 PAGE 25 of 25 XVII. ADJOURNMENT There being no further business the meeting was adjourned at 12:10 p.m. These minutes approved by the Fort Worth City Council on the 12th day of October, 2010. Attest: Marty ndrix City Secretary Approved: