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HomeMy WebLinkAbout2009/04/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 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 Gerald Pruitt, Deputy 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 10:35 a.m. on Tuesday, April 21, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. H.INVOCATION- Father Stephen Jasso,All Saints Catholic Church The invocation was provided by Father Stephen Jasso, All Saints Catholic Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 14, 2009 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of April 14, 2009, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 2 of 15 V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1.Presentation of Proclamation for Cowtown Cinco de Mayo Day Mayor Moncrief advised that no one was present to accept the proclamation. Council Member Espino stated Cinco de Mayo was a celebration of the Battle of Pueblo, which took place on May 5, 1862. He also stated that Cinco de Mayo recognized Hispanic heritage, history, and culture, and celebrated the universal ideas of freedom, liberty, and democracy. Council Member Espino announced the Cowtown Cinco de Mayo celebration would be conducted on May 3, 2009, in downtown Fort Worth sponsored by the Fort Worth Latino Peace Officers and Cowtown Cinco de Mayo group. He also announced that Father Jasso, All Saints Catholic Church, would host a Cinco de Mayo parade on May 2, 2009, at 10:00 a.m. and a fiesta that evening and invited the Council Members and citizens to attend the festivities. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1.Upcoming and Recent Events Council Member Jordan announced that Family Day would be held on April 25, 2009, at Sycamore Park, 2525 East Rosedale Street, and that the event was sponsored by the City of Fort Worth Police, Fire, and Code Compliance Departments. Council Member Burdette announced an Arbor Day celebration would be held on April 24, 2009, at the John Peter Smith Oak Tree, located at 3210 West Lancaster Avenue. Council Member Burns announced that Fort Worth Public Art would host a public lecture on April 22, 2009, from 6:00 p.m. to 7:00 p.m. at the Rose Marine Theatre, to inspire discussion about using mural art to combat graffiti. He also announced that the Trinity River would be blessed on April 23, 2009, at 5:30 p.m., on the Lancaster Bridge Overpass, with a traditional Native American ceremony. He further announced the lighting ceremony for the Avenue of Lights public art pieces would be held on May 2, 2009, at 8:00 p.m. on the northeast corner of Lancaster Avenue and Throckmorton Street and the lighting would be at 9:00 p.m. Mayor Pro tem Hicks announced that Prairie Fest would be held on April 25, 2009, from 10:00 a.m. to 8:00 p.m. at Tandy Hills Park. She also announced that the first annual Party in the Park would be held on April 25, 2009, at Cobb Park from 1:00 to 3:00 p.m. and stated the event was sponsored by the Parks and Community Services Department, Ministers Against Crime, and Chesapeake Energy. She also advised that the African American Health Expo would be held at Clifford Davis Elementary, 4400 Campus Drive, on April 25, 2009, from 10:00 a.m. to 2:00 p.m. She stated if anyone had questions about the events to please call the District 8 office at 817-392-8808. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 3 of 15 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Scarth announced that the dedication of the Soccer Field at Gateway Park would be held on April 25, 2009, from 1:00 p.m. to 3:00 p.m., at 2901 Old Mansfield Road. Mayor Moncrief announced the following events would be held on April 25, 2009: the Bomber Heights Neighborhood Park Groundbreaking Ceremony, the 136th Airlift Wing of the Texas Air National Guard would name a C-130 after the City of Fort Worth, and the Zonta Organization would have a dinner to honor Ms. Shirley Little, Assistant to the Mayor and Council Members, as the Woman of the Year in Education. 2.Recognition of Citizens The recognition of citizens was included in the Upcoming Events portion of the meeting. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication Nos. G-16538, G-16539, C-23456 and C-23459 be removed from the Consent Agenda. He advised that Mayor and Council Communication Nos. G-16538 and G-16539 would be considered by the Council after Executive Session. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membership on Boards and Commissions Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mr. Solomon Haile, be appointed to Place 5, on the Aviation Advisory Board, effective April 21, 2009, and with a term expiring October 1, 2009. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.Council Proposal No. 278 - Street Name Change for Portion of Arch Adams Street to Van Cliburn Way Council Member Burdette stated that the since this was a Council Proposal, the rules required two (2) readings before the City Council. However, he stated he would make a motion to ask that the rules be suspended, so Council could take action on the proposal today. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 4 of 15 (IX. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, to suspend the rules. The motion carried unanimously eight(8) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Council Proposal No. 278 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communication from boards, commissions and/or City Council committees. XI.RESOLUTIONS 1.A Resolution Amending and Adopting the City of Fort Worth's Water Conservation Plan Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3723-04-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. XII.CONSENT AGENDA Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, 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 3.M&C G-16540 - 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; DTR Unlimited, LLC, d/b/a DTR Unlimited Executive Services is Qualified and Financially able to Conduct a Limousine Service within the City; DTR Unlimited, LLC, d/b/a DTR Unlimited Executive Services has Complied with the Requirements of Chapter 34 of the City Code; DTR Unlimited, LLC, d/b/a DTR Unlimited Executive Services 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. 18563-04-2009 Granting the Privilege of Operating CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 5 of 15 (XII. CONSENT AGENDA Continued) Authority to DTR Unlimited, LLC, d/b/a DTR Unlimited Executive Services 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 DTR Unlimited, LLC, d/b/a DTR Unlimited Executive Services. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10955 - Authorizing the Purchase of Water Plant Equipment and Replacement Parts for Eagle Mountain Water Treatment Plant from Siemens Water Technologies for the Water Department for an Amount Not to Exceed $45,810.00. C.Land - Consent Items 1.M&C L-14754 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 8801 McCart Avenue, Described as Abstract 398, Tract 1A03, John H. Duncan Survey, Fort Worth, Tarrant County, Texas, to the Fort Worth Local Development Corporation in Accordance with Section 34.05 of the Texas Tax Code for a Sale Price of $88,475.00 Plus Payment of all Closing Costs; 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-14755 - Authorizing the Conveyance of a Fiber Optics Utility Easement on a Portion of the Southeast Landfill, a City-Owned Property Located at 6288 Salt Road, Described as Tract I and II, being a Portion of Lot 1, Block 1, Situated in the City of Fort Worth, Tarrant County, Texas, to Southwestern Bell Telephone Company, d/b/a AT&T Texas; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Easement to Southwestern Bell Telephone Company, d/b/a AT&T Texas. 3.M&C L-14756 - Approving the Acquisition of One (1) Right-of-Way Easement from Billy R. Jones Located at 2800 Jeff Street for the Widening of Jeff Street; Finding that the Price Offered in the Amount of $5,160.00 Plus Estimated Closing Costs of $1,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 6 of 15 (XII. CONSENT AGENDA Continued) 4.M&C L-14757 - Authorizing the Acquisition of One (1) Permanent Drainage Facility Easement Located at 8929 Waterchase Circle, Described as a Portion of Block 4, Lot 5, Waterchase Estates Addition, Fort Worth, Tarrant County, Texas, in East Fort Worth from Robert L. Primm for the Construction of Drainage Infrastructure Improvements; Finding that the Price Offered in the Amount of $8,550.00, Plus 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-23454 - Authorizing the City Manager to Accept a $60,000.00 Grant from the Fort Worth Housing Authority to Provide Housing Counseling, Homeownership Training and Related Services to Participants in its Fort Worth Housing Authority Homeownership Programs; Renewing the Existing Contract with the Fort Worth Housing Authority for its Homeownership Programs for the Period from May 11, 2009, to May 10, 2010; Amending, Extending or Renewing the Contract in Accordance with City Policies and Regulations Upon Mutual Agreement with Fort Worth Housing Authority; Authorizing a Waiver of Indirect Costs; and Adopting Appropriation Ordinance No. 18564-04-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of$60,000.00, Subject to Receipt of a Grant from the Fort Worth Housing Authority, for the Purpose of Providing Housing Counseling and Homeownership Training and Related Services. 2.M&C C-23455 - Authorizing the City Manager to Execute an Interlocal Agreement with Tarrant County for the Construction of a Left Turn Lane on Campus Drive and Minor Intersection Improvements to Connect to the Proposed Extension of Joe B. Rushing Road. Construction Shall be the Expense of Tarrant County Entirely with Inspection in the Fort Worth Right-of-Way to be Conducted by the City. 4.M&C C-23457 - Authorizing the Execution of a Storm Water Facility Maintenance Agreement with Duke Construction, L.P., for Property Located Near the Interchange of Campus Drive and Southeast Loop 820. 5.M&C C-23458 - Adopting Supplemental Appropriation Ordinance No. 18565-04-2009 Increasing Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $35,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Authorizing a Professional Services Agreement with Walker Parking Consultants for Development of the Request for Proposal Process to Select a Parking Operator for the Western Heritage Parking Garage and Will Rogers Memorial Center/Cultural District Parking System; and Authorizing Execution of a Professional Services Agreement in an Amount up to $35,000.00, Including $10,000.00 in Contingency. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 7 of 15 XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1718 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIV.REPORT OF THE CITY MANAGER A. General (Removed from the Consent Agenda for individual consideration.) 3. M&C C-23456 - Authorize the City Manager to Execute an Advanced Funding Agreement with Mercantile Partners, Inc., in the Amount of $20,000.00; and Adopt a Resolution Authorizing the Execution of a Local Proiect Advance Funding Agreement with the Texas Department of Transportation for the Review of the Schematic for the Proposed Freeway Access Improvements to Mercantile Center: Modification of Interstate Highway 35W Schematic between Meacham Boulevard and the Fort Worth and Western Railroad Tracks to Provide Freeway Access with the Addition of a Southbound Exit Ramp to Frontage Road and Profile Changes to Main lanes. Council Member Scarth advised that this was a continued cooperative effort with Mercantile Partners, Inc., and all of the businesses that were in and around the corner of I-35W and Loop 820. He stated that the new design of the intersection had created access issues for Meacham Boulevard, off of I-35, and stated it was a very important area of economic development for the city. He advised that there was approximately 1,400 acres of undeveloped land located in the area and the City needed to ensure proper access to those businesses in the area. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23456 be approved and Resolution No. 3724-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 6.M&C C-23459 - Authorize the City Manager to Terminate, at the Request of the Contractor, an Agreement with United Way of Metropolitan Tarrant County for Social Marketing of a Child Mental Health Initiative Cooperative Agreement; and Execute a Replacement Contract with Mental Health Mental Retardation of Tarrant County in the Amount of $56,440.00 to Provide Social Marketing for the Period March 1, 2009, through September 29, 2009. Mayor Pro tem Hicks advised of the need to recuse herself on this agenda item as she had a business relationship with United Way of Metropolitan Tarrant County. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23459 be approved. The motion carried by seven (7) ayes to zero (0) nays and with one (1) abstention by Mayor Pro tem Hicks. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 8 of 15 B.General 1.M&C G-16529 - Consider a Request from WWWDH, LP, d/b/a Paco's Mexican Restaurant/Corner Deli, Inc., Located at 9500 Ray White Road, No. 167, for a Variance from Section 4-4 of the City Code Prohibiting the Sale of Alcoholic Beverages within 300 Feet of Central High School, Located at 5201 Kroger Drive (Continued from April 7, 2009) (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report. She also advised that the applicant requested the item be withdrawn. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that the public hearing be closed and Mayor and Council Communication No. G-16529 be denied without prejudice. The motion carried unanimously eight(8) ayes to zero (0) nays. 2.M&C G-16534 - Authorize the City Manager to Initiate Certain Zoning Changes in the Marine Park Neighborhood Area from Various to `B" Two-Family, `B/HC" Two- Family/Historical and Cultural Overlay, "B/DD" Two-Family/Demolition Delay, "E" Neighborhood Commercial, and "PD" Planned Development, in Accordance with the Comprehensive Plan (Continued from April 14, 2009). Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16534 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. 3.M&C G-16535 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Municipal Court Technology Fund of the Special Trust Fund in the Amount of $75,110.00, from Available Funds, for the Purpose of Funding Technological Enhancements to the CourtView Case Management System for the Municipal Court Services Department (Continued from April 14, 2009). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 9 of 15 (M&C G-16535 Continued) Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16535 be approved and Appropriation Ordinance No. 18566-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. Mayor Moncrief advised that Mayor and Council Communication Nos. G-16541 and G-16542 would be considered by the Council after the Executive Session. C.Purchase of Equipment, Materials, and Services 1.M&C P-10956 - Authorize a Purchase Agreement for Geographical Information Systems Software Renewal, Maintenance, Services and Training from Environmental System Research Institute, Inc., Using State of Texas Department of Information Resources Contract No. DIR- SDD-492, for an Estimated Annual Amount of$150,000.00. Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10956 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays. D.Land 1.M&C L-14758 - Approve the Proposed Settlement Claims of Raul Naiera in the Lawsuit Entitled City of Fort Worth v. Raul Naiera, et al., in the County Court of Law No. 3, Cause No. 2007-057094-3; Authorize the Additional Payment of$23,200.00 to Raul Naiera, with the Check Payable to Raul Naiera and His Attorney, Avery McDaniel; and Authorize the Appropriate City Representative to Execute the Documents Necessary to Complete the Settlement for a Total Amount of$181,600.00. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication L-14758 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. E.Planning & Zoning 1.M&C PZ-2820 - Authorize the City Manager to Adopt an Ordinance Vacating and Extinguishing a Portion of Pruitt Street, from Eighth Avenue to Seventh Avenue and a Portion of Seventh Avenue, from Pennsylvania Avenue to the Northern Right-of-Way Line of Cooper Avenue, being Situated in the S.G. Jennings Survey, Abstract No. 844, City of Fort Worth, Tarrant County, Texas; and Waive any and all Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 10 of 15 (PZ-2820 Continued) 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.) Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, appeared before Council in support of this item and requested the Council consider waiving the approximated $20,000.00 street rental fee. He explained that the street had to be closed to demolish the Easter Seal building. He pointed out that his client would not have been assessed a fee if the vacation had been completed prior to the closing of the street. He added that when this project was brought to the Council in the Fall, there was mention of possible unforeseen costs and that the City could potentially assist his client with those costs. City Manager Fisseler stated that he would work with the City Attorney's Office and Mr. Dunaway for resolution of this item and provide a report to Council. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication PZ-2820 be approved and Ordinance No. 18567-04-2009 be adopted. The motion carried by seven (7) to zero (0) nays and with one (1) abstention by Council Member Jordan. F.Award of Contract 1.M&C C-23460 - Reiect all Bids for a Lease Agreement for Natural Gas Drilling Under 4.2046 Acres, More or Less, of City-Owned Property Located in Tarrant County, Texas, Known as Linwood Park Located at 301 Wimberly Street; and Authorize Staff to Re-Advertise the Property at a Future Time. (Council Member Jordan returned to his place at the dais.) Council Member Jordan advised that he had filed Conflict of Interest Affidavits with the City Secretary's Office and would abstain from voting on Mayor and Council Communication Nos. C- 23460 and C-23461. (Council Member Jordan left his place at the dais.) Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23460 be approved. The motion carried by seven (7) to zero (0) nays and with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 11 of 15 2.M&C C-23461 - Authorize the Execution of a Subsurface Wellbore License Agreement with Chesapeake Operating, Inc., for Four (4) Subsurface Wellbores Across City-Owned Property Known as Ouanah Parker Park Located at 5401 Randol Mill Road in the Amount of $166,244.00. Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council in opposition to Mayor and Council Communication No. C-23461, and advised of exposed wiring, the lack of security and inspection of the well sites. He provided photographs of his concerns. Council Member Scarth asked staff if the $166,244.00 in revenues would be restricted for use in Quanah Parker Park or if the funds would remain in the park system. Ms. Susan Alanis, Director, Planning and Development Department, clarified the funds for Quanah Parker Park would remain in the park system. City Manager Fisseler stated a full report of the use of gas well revenues would be provided to the Council in the coming weeks. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-23461 be approved. The motion carried by seven (7) to zero (0) nays and with one (1) abstention by Council Member Jordan. (Mayor Pro tem Hicks left her place at the dais.) Council Member Burdette requested a report be provided to City Council by the City Gas Well Inspector that addressed Mr. Brandon's concerns. Council Member Espino advised that he and Council Member Burns had contacted Chesapeake and asked them to correct any outstanding issues immediately relative to issues at the Henderson Street Bazaar. (Council Member Jordan returned to his place at the dais.) (See further discussion of this item after Citizen Presentations.) 3.M&C C-23462 - Authorize the City Manager to Execute a Contract with ProCon Paving and Construction, Inc., in the Amount of $134,450.00 for 50 Working Days for Curb, Gutter and Driveway Replacement at 15 Locations. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23462 be approved. The motion carried by seven (7) ayes to zero (0) nays and with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 12 of 15 4.M&C C-23463 - Authorize the City Manager to Accept a Grant in the Amount of$30,000.00 from The Burnett Foundation for all Costs Associated with Relocating the Charles David Tandy Bronze Sculpture; Accept a Grant in the Amount of$3,000.00 from The Burnett Foundation for Maintenance Costs for Three (3) Years; Enter into a Long Term Agreement with Texas Christian University; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $33,000.00, Upon Receipt of Two (2) Grants from The Burnett Foundation, for the Purpose of Funding the Relocation and Maintenance of the Charles David Tandy Sculpture; and Authorize a Contract in an Amount Not to Exceed $30,000.00 for Services with Unified Art Services, LLC, to Deinstall, Transport, and Reinstall the Sculpture. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23463 be approved with appreciation and Appropriation Ordinance No. 18568-04-2009 be adopted. The motion carried by seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. XV.CITIZEN PRESENTATIONS Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and expressed appreciation to Council Members Espino and Burdette for their comments regarding well drilling, and stated they could contact him with any questions. Mr. Brandon provided a presentation on Cell Phone Television, a program that would allow businesses to have a small spotlight on cable television and showed pictures of the Fort Worth Race of the Cure. Mayor Moncrief returned to Mayor and Council Communication No. C-23461 and clarified that Mayor Pro tem Hicks was absent during the vote and stated the motion carried by six (6) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and one (1) abstention by Council Member Jordan. (See reconsideration of this item on page 15.) XVL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) (Mayor Pro tem Hicks returned to her place at the dais.) It was the consensus of the City Council that they recess into Executive Session at 11:05 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 13 of 15 (XVI. EXECUTIVE SESSION Continued) a. Legal issues regarding Equal Employment Opportunity Commission claims of retired employees who became SO employees; b. Legal issues regarding the contract for the processing of recyclable materials with Abitibi Consolidated, Corp.; c. Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. The City Council reconvened into regular session at 12:05 p.m. Mayor Moncrief returned to the agenda items that had previously been passed over. A. General — (The following items were removed from the Consent Agenda for Individual Consideration and continued until after Executive Session.) 1. M&C G-16538 - Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Water and Sewer Fund in the Amount of $50,000.00, and Decreasing the Unaudited, Unreserved, Undesignated Cash Balance by the Same Amount, for the Purpose of Adopting a Resolution to Authorize an Increase in Payment to Whitaker, Chalk, Swindle and Sawyer, LLP, to Represent the City in a Lawsuit Styled: City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc.; Cause Number 153-222641-07; and Adopt a Resolution Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for Assisting the City with Legal Issues Regarding the Lawsuit Styled: City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc.; Cause Number 153-222641-07. This Lawsuit Concerns Allegations of Improper Trench Compaction and Inadequate Construction Which led to Premature Street Failures in the Arcadia Park Subdivision. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16538 be approved and Appropriation Ordinance No. 18569-04-2009 and Resolution No. 3725-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 14 of 15 2.M&C G-16539 - Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Risk Management Fund in the Amount of $50,000.00, from Available Funds, for the Purpose of Authorizing an Increase in the Maximum Amount to be Paid to Gregory Geotechnical for Expert Witness Services; and Adopt a Resolution Increasing the Maximum Amount to be Paid to Gregory Geotechnical for Expert Witness Services Regarding Premature Street Failures in an Amount Not to Exceed $200,000.00. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16539 be approved and Appropriation Ordinance No. 18570-04-2009 and Resolution No. 3726-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. B. General— (The following agenda items were continued until after Executive Session.) 4. M&C G-16541 - Authorize the City Manager to Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Water and Sewer Fund in the Amount of $150,000.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Adopting a Resolution Increasing the Amount to be Paid to the Law Firm of Whitaker, Chalk, Swindle & Sawyer, LLP; and Adopt a Resolution Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Sawyer, LLP, for Assisting the City with Legal Matters Concerning the Water Department and Transportation and Public Works Contracts and Litigation in Relation to Premature Street Failures with an Additional Sum of$150,000.00. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16541 be approved and Appropriation Ordinance No. 18571-04-2009 and Resolution No. 3727-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. 5.M&C G-16542 - Adopt a Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Risk Management Fund in the Amount of$300,000.00, from Available Funds, for the Purpose of Executing a Contract with Professional Services Industries, Inc., for Geotechnical and Expert Witness Services; and Authorize the City Manager to Execute a Contract with Professional Services Industries, Inc., for Geotechnical and Expert Witness Services Regarding Premature Street Failures in an Amount Not to Exceed $300,000.00. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16542 be approved and Appropriation Ordinance No. 18572-04-2009 and Resolution No. 3728-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2009 PAGE 15 of 15 Mayor Moncrief advised that the City Council would reconsider Mayor and Council Communication No. C-23461 which had been considered and voted previously. Council Member Jordan advised that he would continue to abstain from all motions on Mayor and Council Communication No. C-23461. Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23561 be reconsidered. The motion carried by seven (7) ayes to zero (0)nays and with one(1) abstention by Council Member Jordan. Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23561 be approved. The motion carried by seven (7) ayes to zero (0) nays and with one(1) abstention by Council Member Jordan. XVII.ADJOURNMENT There being no further business, the meeting was adjourned at 12:11 p.m. These minutes approved by the Fort Worth City Council on the 28th day of April, 2009. Attest: Approved: )r'\� Marty He rix Mi ael J. Moncri City Secretary Mayor