Loading...
HomeMy WebLinkAbout2009/03/31-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I.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 10:12 a.m. on Tuesday, March 31, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II.INVOCATION- Dr. Michael Dean, Travis Avenue Baptist Church The invocation was provided by Dr. Michael Dean, Travis Avenue Baptist Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 24, 2009 Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that the minutes of the regular meeting of March 24, 2009, be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 2 of 16 V. SPECIAL PRESENTATIONS, , 1.Presentation Recognizing the Fo rt Worth Librar3:Foun ation Dr. Gleniece Robinson, Library Department Director, provided a brief history of the Library Foundation and advised of the Foundation's previous donations to enhance the City's libraries and library programs. Mr. Jim Hambleton, Fort Worth Library Foundation Board Chair and Ms. Betsy Pepper, Executive Director, presented the in-kind gift of $600,000.00 for enhancements to the Central Library Gallery Complex and introduced other Fort Worth Library Foundation members. Mayor Pro tem Hicks and Council Members Burdette, Espino, Scarth, Jordan, and Moss extended appreciation for the Foundation's contributions to the Fort Worth Library. Mayor Moncrief requested that Mayor and Council Communication No. G-16512 be removed from the consent agenda for individual consideration as it pertained to this presentation. 6.MSC G-16512 - Accent an In-Kind Donation from The Fort Worth Public Library Foundation Valued at Aggroximatell $ r Enhancements to the Central Librar y Gallery Complex. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-16512 be approved with appreciation. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.Presentation of the Bike DFW Award Mr. Eric Jackson, President, Bike DFW, provided information regarding the efforts by the City of Fort Worth to improve conditions for bicyclists, including the construction of bike trails and on-street bike routes and lanes. Mr. Jackson recognized Mr. Jim Wilson, President of the LMRA Bicycle Club and further discussed the ongoing bicycle transportation and planning effort known as Bike Fort Worth, and the development of City programs and policies that encouraged bicycling and safety. Mayor Moncrief accepted the award on behalf of the City. Council Member Burns recognized Mr. Don Koski, Senior Planner, Transportation and Public Works Department, for his efforts to improve bicycle safety in the City and advised of improvements to Magnolia Boulevard that would provide for the safety of cyclists. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 3 of 16 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Council Member Jordan stated the City of Fort Worth was a well developed, safe city and community for all types of transportation. He acknowledged Mr. Dick Ruddell from the Fort Worth "T" and commended them on their bicycle-friendly initiatives. Council Member Burdette stated cycling in the City of Fort Worth had been a pleasant experience and pointed out that the City's mobility plan contained provisions for improving the air quality in Fort Worth. He added that bicycling was a way to improve air quality. Mayor Moncrief expressed appreciation for the award and stated the City of Fort Worth would continue to develop the trail system. 3.Presentation of Check for Weatherization Program hj Oncor Electric Mr. Mike Guyton and Mr. Carl Brown, Oncor representatives, presented Mr. Jay Chapa and Mr. Jerome Walker, Housing and Economic Development Department, Director and Deputy Director, with a check for a Weatherization Program in the amount of $300,000.00 and explained several of Oncor's energy savings programs. Mr. Guyton also recognized Mr. Paul Odetto, Vice President, Frontier Associates, who was in attendance. Mayor Moncrief expressed appreciation for the energy efficiency funds and stated the Weatherization Program was an important program for the City of Fort Worth. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Council Member Jordan expressed appreciation to Dr. Michael Dean, Travis Avenue Baptist Church, for delivering the City Council meeting invocation and reflected on the Fort Worth Way being similar to the Golden Rule, and the Fort Worth sense of community. He also welcomed Kevin King, Boy Scout Troop 1136, to the meeting and recognized him as a future leader in the community. Council Member Espino reminded the audience that the North Texas area would be hosting the Super Bowl in 2011 and addressed potential economic benefits for the area. He reminded everyone the City hosts a "Super Bowl" twice a year with the NASCAR races and invited everyone to attend NASCAR Race Weekend at the Texas Motor Speedway this weekend and announced that recording artist Pat Green would perform for an expected 200,000 visitors. Council Member Espino expressed appreciation to City Manager Fisseler for providing a presentation at the Latinos Unidos Leadership breakfast on March 28, 2009. He referenced the report held during Pre-Council on recent gang violence and further stated the City of Fort Worth had a zero tolerance policy related to gang violence and added the way to avoid gang violence was through education. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 4 of 16 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMEBERS AND STAFF Continued) Council Member Scarth announced the Fort Woof Dog Park Pooch and Pals Promenade would be conducted on April 11, 2009, at Gateway Park and the Doggie Polooza event would be held on April 18, 2009 at Arcadia Trail Park. Council Member Burns acknowledged the Parks and Community Services Department's 100th Anniversary and announced celebratory events associated with the Centennial. He announced that on April 4, 2009, the Greenbriar Community Center would host the Greenbriar Great Outdoors and on April 2, 2009, the Grand Opening of the Fort Worth Convention Center Parking Garage would take place. He reminded the audience of the April 4, 2009, Voting Workshop for persons with disabilities. Council Member Burns provided an update on the recent gang related shooting, stating six (6) suspects were arrested based on neighborhood tips provided to the Police Department. He requested the City Council meeting be adjourned in memory of Ms. Michelle Chavez, an innocent by-stander, who was killed in the gang-related shooting. Council Member Moss announced that the Celebration of Life, HIV and AIDS Awareness Concert would be held on April 11, 2009, from 2:00 p.m. to 6:00 p.m., at the Fort Worth Convention Center and stated recording artists, Mya and Zero, would be performing. He also provided information on educational sessions and where citizens could be tested for the disease in the City and in Arlington. Council Member Moss also announced that Senator Wendy Davis was hosting a Town Hall meeting on April 4, 2009, at South Cliff Baptist Church, and that the format would include a presentation on packages and bills she was sponsoring, followed by an open forum. He also expressed appreciation to the staff of the Planning and Development Department and Housing and Economic Development Department for meeting with business and property owners on Miller Avenue to discuss potential development in that area. Mayor Pro tem Hicks expressed appreciation to members of the Council who attended the Tommy Tucker Building Dedication that connected to the Ella Mae Gratts Shamblee Library on Evans Avenue and stated the building was now a location on the National Historical Register. She also invited everyone to attend the District 8 Annual AIDS Walk on April 5, 2009, at 1:00 p.m. at the Fort Worth Community Arts Center, 1300 Gendy. Mayor Moncrief expressed sadness at the loss of life related to the gang shooting in District 9 and expressed condolences to the family of Ms. Michelle Chavez. He advised that budget issues would not result in the reduction of resources to the Police Department and reminded the audience of the zero tolerance policy on gang related violence and tools to reduce criminal activity in the community. 2.Recognition of Citizens The recognition of citizens was included in the Upcoming Events portion of the meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 5 of 16 VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. C-23406 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication No. P-10942 be withdrawn from consideration and Mayor and Council Communication No. C-23406 be continued to the April 7, 2009 City Council Meeting. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Chan2es in Membersh Boards and ss s Council Member Burns made a motion, seconded by Council Member Espino, that Mr. Joe Ralph Martinez be appointed to Place 9 on the Building Standards Commission, effective March 31, 2009, and with a term expiring September 30, 2009. X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communication from Boards, Commissions and/or City Council Committees. XI.CONSENT AGENDA Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended and as follows. The motion carried unanimously eight(8) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16507 - Authorizing Payment of the City's 2009 Membership Dues to the Texas Coalition of Cities for Utility Issues in the Amount of$28,114.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 6 of 16 (CONSENT AGENDA Continued) 2.M&C G-16508 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Five (5) Limousines Upon the City Streets,Alleys and Thoroughfares; Call My Limo is Qualified and Financially able to Conduct a Limousine Service within the City; Call My Limo has Complied with the Requirements of Chapter 34 of the City Code; Call My Limo Presented Facts in Support of Compelling Demand and Necessity for Five (5) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Five (5) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18520-03-2009 Granting the Privilege of Operating Authority to Call My Limo for the Use of the Streets Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, which shall Consist of the Operation of Five (5) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by Call My Limo. 3.M&C G-16509 - Approving the Request of Downtown Fort Worth, Inc., to Temporarily Close Portions of the Following Streets from April 13, 2009, through April 20, 2009, for the Main Street Fort Worth Arts Festival for the Year 2009: Main Street, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, 7th Street, 8th Street, 9th Street, Commerce Street, Houston Street, and Weatherford Street. 4.M&C G-16510 - Approving Ordinance No. 18521-03-2009 Amending Chapter 16 "Health and Sanitation," Article XVIII to Revise the Definition of"Pool" and to Strike all References to "Interactive Spray Ground or Attraction"; Amending Chapter 16 "Health and Sanitation" to Add Article XIX "Recreational Aquatic Spray Grounds" for the Purpose of Protecting Public Health by Regulating Design, Construction, and Operation of Re-Circulating, Non-Pooling, Recreational Aquatic Play Surfaces. 5.M&C G-16511 - Authorizing the City Manager to Accept Payments from the Law Enforcement Officer Standards and Education Account in the Amount of $6,122.39; and Adopting Appropriation Ordinance No. 18522-03-2009 Increasing Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of$6,122.39, from Available Funds, for the Purpose of Authorizing Payments from the Law Enforcement Officer Standards and Education Account for the Fire Department and the Fire Investigation Division. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10944 - Authorizing Purchase Agreements for Firefighter Shirts for the Fire Department with Municipal Emergency Services, Inc., and GST Public Safety Supply for an Annual Amount up to $49,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 7 of 16 (CONSENT AGENDA Continued) C.Land - Consent Items 1.M&C L-14739 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 1404 Jasper Street, Described as Lot 16R, Block 9, North Jarvis Heights Addition, Fort Worth, Tarrant County, Texas, to Armando Martinez and Gabriela Martinez in Accordance with Section 34.05 of the Texas Property Tax Code for a Sale Price of$22,311.75; and Authorizing the City Manager or His Designee to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 2.M&C L-14740 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 3104 North Pecan Street, Described as Lot 11, Block 92, Fostepco Heights Addition, Fort Worth, Tarrant County, Texas, to John Mark Hixson in Accordance with the Section 34.05 of the Texas Property Tax Code for a Sales Price of $7,240.00; and Authorizing the City Manager or His Designee to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 3.M&C L-14741 - Authorizing the Direct Sale of Tax-Foreclosed Property Located at 725 East Davis Avenue, Described as West Part of Lot 87, Block 4, Hyde Park Addition, Fort Worth, Tarrant County, Texas, Northwest Corner of Davis Avenue and South Freeway, to Mr. Victor Pilot in Accordance with Section 34.05 of the Texas Property Tax Code for $850.00; and Authorizing the City Manager to Execute and Record Appropriate Instruments Conveying the Property to Mr. Pilot. 4.M&C L-14742 - Authorizing the Acquisition of an Improved Lot Located at 2700 Decatur Avenue , Further Known as Lots 9 and 10, Block 5, of the Diamond Hill Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, from Jose and Sara Saucillo for the Lebow Channel Drainage Improvement Project; Finding that the Price Offered in the Amount of $39,000.00 for an Improved Lot, Plus an Estimated Closing Cost of $3,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 5.M&C L-14743 - Authorizing the City Manager to Execute a Storm Water Facility Maintenance Agreement with Covenant Classical School for Property Located in the A. Stallions Survey, Abstract No. 1396, Tarrant County, Texas, in West Fort Worth, for the Construction of One (1) Detention Pond Facility at No Cost to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 8 of 16 (CONSENT AGENDA Continued) 6.M&C L-14744 - Authorizing the Acquisition of One (1) Permanent Drainage Facility Easement and Temporary Construction Easement from Jose Manuel Macias at 939 East Harvey Avenue, Described as a Portion of Southland Subdivision, Lot 21, Block 29, Located in Southeast Fort Worth, Tarrant County, Texas, for the Construction of Storm Drain Improvements at East Harvey Avenue; Finding that the Price Offered in the Amount of $8,610.00, Plus an Estimated Closing Cost of$1,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 7.M&C L-14745 - Authorizing the Execution of an Agreement for Maintenance and Landscaping Services with Museum Place Infrastructure, Ltd., in the Amount of$72,600.00 for the Mixed Use Development in the Vicinity of West 7th Street and Arch Adams Street. 8.M&C L-14746 - Approving the Acquisition of One (1) Permanent Drainage Easement and One (1) Temporary Construction Easement from Scott DFW Development, LLC, at 11324 Kenny Drive, Located in North Fort Worth, Tarrant County, Texas, for the Widening of Keller Hicks Road; Finding that the Price Offered in the Amount of$6,475.00, Plus an Estimated Closing Cost of$1,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. E.Award of Contract- Consent Items 1.M&C C-23405 - Authorizing a Professional Services Agreement with Ciber, Inc., for the Continuation of an Information Security Assessment of the Computer Aided Dispatch System Supporting the City's Police and Fire Departments Using State of Texas Department of Information Resources Contract No. DIR-SDD-685 for the Information Technology Solutions Department at a Cost Not to Exceed $33,000.00. 3.M&C C-23407 - Authorizing the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 37977, a Community Facilities Agreement with CKK Residential Group, Inc., to Add City Participation in the Amount of$77,792.00 for the Installation of Off-Site Water Services to Serve Trinity Lakes Residential, Phase H, a Future Residential Development, Located in East Fort Worth. 4.M&C C-23408 - Authorizing the City Manager to Execute an Engineering Agreement in the Amount of $33,123.00 with Multatech Engineering, Inc., for a Drainage Study for the Cedar Breaks Drive Drainage Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 9 of 16 (CONSENT AGENDA Continued) 5.M&C C-23409 - Authorizing the City Manager to Execute an Interlocal Agreement with Tarrant County to Share in the Cost of Signalizing the Intersection of Campus Drive and Joe B. Rushing Road Whereby the City of Fort Worth will Reimburse Tarrant County $15,000.00, for 75 Percent of the Engineering Services Cost Estimated to be $20,000.00, and Tarrant County will Reimburse the City of Fort Worth $37,500.00 for 25 Percent of the Signal Construction Cost Estimated to be $150,000.00 for a Total Estimated Project Cost of $170,000.00; and Adopting Appropriation Ordinance No. 18523-03-2009 Increasing Estimated Receipts and Appropriations in the 2007 Critical Capital Project Fund in the Amount of$37,500.00 from Available Funds for the Purpose of Executing an Interlocal Agreement with Tarrant County to Share in the Cost of the Construction of a New Traffic Signal at Campus Drive and Joe B. Rushing Road. 6.M&C C-23410 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $84,230.00 to City Secretary Contract No. 36654 with TranSystems Corporation, d/b/a TranSystems Corporation Consultants of Fort Worth, Texas, for Additional Engineering Services Related to the Bridge Maintenance Program. This Amendment will bring the Total Contract Cost to $234,230.00. 7.M&C C-23411 - Adopting Supplemental Appropriation Ordinance No. 18524-03-2009 Increasing Estimated Appropriations in the Environmental Fund (R103) in the Amount of $67,041.00 and Decreasing the Unreserved Retained Earnings by the Same Amount for the Purpose of Transferring Funds to the Environmental Management Fund (R101), for Asbestos Removal and Interior Demolition Services at James Guinn School; Approving the Transfer of $67,041.00 in Undesignated Funds in the Environmental Management Fund (R103) to the Environmental Management Fund (R101); Adopting Appropriation Ordinance No. 18525-03-2009 Increasing Estimated Receipts and Appropriations in the Environmental Management Fund (R101) in the Amount of$67,041.00, from Available Funds, for the Purpose of Executing a Contract with Eagle Remediation Services, Inc. for Asbestos Removal and Interior Demolition Services at James Guinn School; and Authorizing the City Manager to Execute the Contract for the James Guinn School-North Building,Located at Interstate 35 South and Rosedale Street. 8.M&C C-23412 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of $22,653.80 to City Secretary Contract No. 35656, a Community Facilities Agreement with Vista Crossroads 1, Ltd., a Texas Limited Partnership, by Legacy Capital Partners H, Ltd., its Manager, by Legacy Capital Company 11, its General Partner, for Construction of Offsite Water and Sanitary Sewer Services to Serve Vista Crossroads. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1714 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 10 of 16 XIII.REPORT OF THE CITY MANAGER B.General 1.M&C G-16513 - Conduct a Public Hearing to Allow Citizen Inpu t and Consideration of the Citv's 2009-2010 Action Plan for Use of Federal Grant Funds from the United States Ro art ment of Housing_and Urban Deve nt Under the ComMHfljLLReve flL Block Grant,HOME Investments Part nEEjhj21_LLAgL_EM=encv Shelter Grant, A erican Dream Down Pa3: ent Initiative and Housing Opportu ities for Persons with AIDS Programs; Approve the City's 2009-2010 Action Plan for Submission to the United States Dep art m nt of Housin and Urban_2gyg!2nMgEL_Including_Allocations of Above-Listed Grant Funds to Particular Prams and Activities in Accordance with the Listing; Authorize the Use of $170,000.00 in Estimated Program Income from Community Development Block Grant Authorize the Use of$100,000.00 in Estimated Program Income from HOME Investments Part ggElhi ps Grant Funds; Adopt an Appropriation rdinance Increasing Es imated Receipts and Appropriatio s in the Grants Fund in the Amount of$10,960,965.00, Subiect to Receipt of the Consolidated Plan Grant from the U.S. Departme s a r a eve e , rte r s e of Fundin2 the Citv's Consolidated Action Plan: and Apply Indirect Cost Rates as Applicable, for the Grants Fund, in Accordance with the City's Administrative Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Hicks advised of the need to recuse herself on this agenda item as she served on several of the subject boards. a.Report of City Staff Mr. Charlie Price, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Mr. Joe Breedlove, 3724 Walton Avenue, representing Breakthrough Fort Worth, appeared before Council in support of this issue. He provided handout information and a brief overview of the program at Fort Worth Country Day School, and requested the City Council reconsider funding the program. Ms. Carolyn Edwards, 931 Hemphill Street, representing House of Redemption, appeared before Council in support of this issue. She provided a brief overview of the program, and requested Council's reconsideration to fund the program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 11 of 16 (G-16513 Continued) The following citizens appeared before Council is support of Ms. Edwards's request to provide funding for the House of Redemption: Dr. Daniel Leaf, 2101 Hemphill Street, represented Southside Church of Christ Ms. Susan Hurst, 2554 Highview Terrace Ms. Jackie Hall, 2517 Grovel Road 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 issue. (Council Member Jordan left his place at the dais.) Ms. Shannon Hilgart, 3932 Medford Road, representing the AIDS Outreach Center, appeared before Council in opposition to Mayor and Council Communication No. G-16153. She provided a brief overview of the program and stated the AIDS Outreach Center received erroneous information regarding the funding request and requested reconsideration by the City Council of the request. Ms. Hilgart expressed appreciation to the Mayor and Council Members for their involvement in the program and community. Mr. Daniel "Boone" Taylor, 801 West Cannon, Director of Case Management, representing the AIDS Outreach Center, appeared before Council in opposition of Mayor and Council Communication No. G-16153, and requested reconsideration of funding by the City Council. Mr. Taylor expressed appreciation to the Mayor and Council Members for their continued support of the program. c.Council Action Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried six (6) ayes to zero (0) nays, and with two (2) abstentions by Mayor Pro tem Hicks and Council Member Jordan. C.Purchase of Equi�riaent, Materials, and Services 1.It was the Consensus of the City Council that Majo r and ci l Communicati 10942, An horize Purchase Agreement with Metro Fire Apparatus Specialists, Inc., for Protective Structural Bunker Gear for te Fire Depar t e t for an Annual AM2RUt uM to $281,000.00, be Withdrawn from Consideration (Council Member Burns left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 12 of 16 2.M&C P-10945 - Authorize a Purchase Ag cement with Old Castle APG Texas,Inc., for the Water De art ment for Concrete Mixer Trucks and 0 erators for an Annual Amount u to $1,074,300.00. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. P-10945 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Members Jordan and Burns absent. D.Land 1.M&C L-14747 - Declare the Necessity of Taking an I terest in a Portion of Land Known as Tract 12D02D, William McGowan Survey, Abstract No. 999, Tarrant County, Texas Owned by Land Bank ire d r t e he_Widening of Golden Triangle Boulevard; a d Authorize the City Attorney to Institute Condemnation Proceedin2s to Ac ire the Interests in the Land. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14747 be approved. The motion carried six (6) ayes to zero (0) nays, with Council Members Jordan and Bums absent. (Council Member Jordan assumed his place at the dais.) F.Award of Contract 2.It was the Consensus of the City Council that Mayor and Council Communication No. C-23406, Authorize Execution of a Subsurface Wellbore License Agreement with XTO Energy, Inc., in the Amount of $10,935.00 for a Subsurface Wellbore Across City-Owned Property Known as Lot 2, Block 1, Vista Crossroads Addition, Located at 2249 Avondale-Haslet Road, be Continued Until the April 7, 2009, Council Meeting. 1.MSC C-23413 - Authorize the C �i�tMana rto Execute a Public Right-of Way Use Amement with Texas Midstream Gas Services LLC to rata License to Construct and Operate Two (2) Natural Gathering Gas Pi elines Across_BjajflggLRoad, 50� Fee East of Southwest Drive and 518 Feet East of Southwest Drive. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23413 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 13 of 16 2.M&C C-23414 - Authorize thL C �i�tMana erto Execute a Public Right-of-Way se Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Gathering Pipeline Longitudina Along Ten Mile Bridge, from Wells Burnett to Eagle Mo ntain Circle and Along Eagle Mountain Circle from Ten Mile Bridge to Eagle ountai n Circle, for a 0 e Time License Fee of$1 Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23414 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. 3.MSC C-23415 - Authorize the City Manager to Execute a Public Right-of-Way Use Agreement with Barnett Gathering, L.P., t Install and Operate a Natural Gas Gathe Pipeline A ross Ten Mile Bridge, West of Anchorage lace for a One Time License Fee of Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23415 be approved. The motion carried seven (7) ayes to zero (0) nays, with Council Member Burns absent. 4.MSC C-23416 - Authorize Change Order No. 3 in the Amount of $167,244.00 to Citv Secretary Contract No. 35396 with Stabile and Winn,_Inc., th ere bv Revising the to Cost to $2,259,875.50; Authorize Transfer of $25.,395.00 from the Water and Sewer Ae 0 ratin Fund to _ the Water C 395.00; and Adopt an Appropria ion �a�ital_Pro*e�ctsFu�nd in the Amount of $25, Ordinance Increasing Estimated Receipts and Appropriations in the Water Capital Proi cts Fund in the Amount of $25,395.00, from Available Funds, for the Purpose of Authorizing C Lhange Order Number 3 to Cily Secretary C ntract Number 35396 with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Majfl_Bg2jAigMgRLon Portions of Bomar Avenue, Carter Avenue, H rwood Street and Wilkinson Avenue. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23416 be approved and Appropriation Ordinance No. 18526-03-2009 be adopted. The motion carried by seven (7) ayes to zero (0) nays, with Council Member Burns absent. 5.MSC C-23417 - Authorize the Transfer of $1,589,705.82 from the Water and Sewer Ot)eratin2 Fund to the Water 'a it Proiects Fund in the Amount of $814,.493.75 and Sewer Capital Projects Fun in the Amount of $775,212.07; Adopt an Appropria ion Ordinance Increasing_Estimated Receipts and Appropriations in the Water Capital Proiects Fund in the Amount of 5.814__,493.75 and in the Sewer Ca ital Pro*ects Fund in the Amount of $775,212.07, from Available Funds for the Pur22jt of Executing a Contract with Stabile & Winn Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Fain Street, Fairview Street, Harrier Street, Karnes Street and Primrose Avenue- and Authorize the City Manager to Execute the Contract in the Amount of$3 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 14 of 16 (C-23417 Continued) Council Member Moss expressed concern with the percentage of Minority and Women Business Enterprise participation. (Council Member Burns assumed his place at the dais.) Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23417 be approved and Appropriation Ordinance No. 18527-03-2009 be adopted. The motion carried six (6) ayes to two (2) nays, with Mayor Pro tem Hicks and Council Member Moss casting the dissenting votes. 6.MSC C-23418 - Authorize the City Manager to Execute a Professional Services Agreement with Teal i eeri Services, c., i t e A mount of $ 3, 25. t a , esi a x a nd the Fort Worth Citywide Traffic Management Sjstem. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23418 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 7.M&C C-23419 - Authorize the City Manager to Execute a Contract with Eattson Construction Co., Inc., in the Amount of$383,027.45 for the Installation of Five Traffic Signals at the Intersections of Heritage Tract Parkway and I�roer Drive and Ray White Road, Ray White Road and Shiver Road Meadowbrook rive and a s ever ecatur Avenue and as Avenue, and Azle A enue and es Ave e. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23419 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. 8.MSC C-23420 - Authorize the Transfer of$326,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects ; Adopt an Appropria ti r i a ce Increas i Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of $326,000.00 for the P ent with James DeOtte eeri c., r a ry e er Main 257 Upper a e Village "ree arallel Relief Main, Part ; and An t horize the ity a s er t xec tote i eeri A ree e t in the Amount of$442,172.00. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23420 be approved and Appropriation Ordinance No. 18528-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 15 of 16 9.M&C C-23421 - Authorize the Transfer of$366,000.00 from the Water and SeM±LOp era ting Fund to the Water Capital Projects Fund; Adopt an Appropria ion Ordinance Increas Estimated Receipts and Atmrot)riations in the Sewer Capital Proiects Fund in the Amount of $366,000.00 for the P ent with Alan Plummer Associates, Inc., for Sanitary Sew r Main 257 U er and Middle Village Creek arallel Relief Main, Part 2; and An horize the City ManagKL_jo Execute the Engineering Agreement in the Amount of$889,676.00 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23421 be approved and Appropriation Ordinance No. 18529-03-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. XIV. CITIZEN PRESENTATIONS 1.Mr. Joe Don Brandon - PO Box 1155 ® The All Woman Labor Force bv Texas General Labor Service of Fort Worth Mr. Brandon was not present in the Council Chamber at this time. Ms. Jan Scurlock, 3414 S. University Drive #9, appeared before Council relative to issues with Homeland Security. Mayor Moncrief referred Ms. Scurlock to Police Chief Halstead for resolution of this issue. Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to the All Woman Labor Force by Texas General Labor Service of Fort Worth. Mr. Brandon reminded citizens of the upcoming May 2009 election and encouraged voters to keep the current Council Members in office. Mr. Brandon also stated the Fort Worth Public Library was the best and commented on various library programs. He provided a picture of a homeless woman and referred to an effort to "adopt" homeless and abused women to get them back in the workforce. He also stated that he agreed Fort Worth was one of the safest cities to ride a bike. Ms. Jerry Horton, 2608 Carter Avenue, appeared before Council relative to issues with the West Meadowbrook Neighborhood Association and stated the President of the Association would not support her neighborhood in matters of gas drilling. Ms. Horton thanked Mayor Pro tem Hicks and Council Member Scarth for their continued support. Mayor Pro tem Hicks stated she would follow up with the West Meadowbrook Neighborhood Association President relative to the drilling permit issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 31, 2009 PAGE 16 of 16 XVI.ADJOURNMENT There being no further business, the meeting was adjourned at 12:10 p.m. in memory of Ms. Michelle Chavez, killed as a result of gang related violence. These minutes approved by the Fort Worth City Council on the 7th day of April, 2009. Attest: Approve l Marty He rix Michael J. Mo a City Secretary Mayor