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HomeMy WebLinkAbout2009/09/29-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 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 Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 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 10:24 a.m. on Tuesday, September 29, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns temporarily absent. II.INVOCATION- Reverend Bud Beverly, St. Paul Lutheran Church The invocation was provided by Reverend Bud Beverly, St. Paul Lutheran Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. (Council Member Burns assumed his place at the dais.) IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 22, 2009 Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that the minutes of regular meeting of September 22, 2009, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 2 of 19 V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1.Presentation of Proclamation for Cowtown Brush 2 Council Member Hicks presented a Proclamation for Cowtown Brush Up 2009 to former Council Member Becky Haskin and Ms. Jane Salazar, Cowtown Brush Up Coordinator. Ms. Haskin stated she had been a part of Cowtown Brush Up for nineteen (19) years and expressed appreciation to City staff, Ms. Salazar, and Ms. Michelle Kennedy of Trinity Habitat for Humanity, who donated all of the paint for the event this year. She stated that neighbors helping neighbors was the truest spirit of Fort Worth. She further stated that Cowtown Brush Up exemplified the spirit of helping as a community-wide volunteer effort. She advised that 2,500 Fort Worth volunteers would paint, remove debris and plant trees at 142 homes of elderly, disabled and low-come families and pointed out that the 19t11 Annual Cowtown Brush Up was made possible through the generous donations by many civic-minded citizens, organizations and businesses. Mayor Moncrief expressed appreciation to Trinity Habitat for Humanity and the volunteers who were helping the families in need. 2.Presentation of Proclamation for National Night Out 2009 Mayor Pro tem Scarth presented a Proclamation for National Night Out 2009 to Police Chief Jeff Halstead. He stated the National Association of Town Watch (NATW) was sponsoring a unique nationwide crime, drug and violence prevention program on October 6, 2009, entitled "National Night Out" where police-community partnerships, neighborhood safety, awareness and cooperation were important themes. He added that the event provided a unique opportunity for the City to join forces with thousands of other communities across the world in promoting cooperative, police-community crime prevention efforts. Mayor Moncrief stated that"National Night Out" was a big night for the City and it allowed citizens to discuss crime watch efforts and work closely with Neighborhood Policing Officers. Council Member Burns expressed appreciation to the Citizens on Patrol and stated they were a big part of the crime watch efforts and reduction of criminal activity in the City. 3.Presentation of the International Humanitarian Assistance Award Ms. Avis Davis, Mbabane Chair and Mr. Carlo Capua, Sister Cities International Board Member, presented the International Humanitarian Assistance Award to Council Members Hicks and Moss, who accepted the award on behalf of the City Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 3 of 19 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Ms. Davis stated that Fort Worth Sister Cities was the recipient of the International Humanitarian Assistance Award, which was presented at the Sister Cities International Conference in Belfast, Northern Ireland in July 2009. She further stated that the project was called Walk the Nation and it involved work with the people of Mbabane, Swaziland who had HIV/AIDS. She added that Fort Worth volunteer Ms. Judith Dillard walked 100 miles across the country of Swaziland counseling people with AIDS and spreading the message of hope. She expressed appreciation to Council Members Hicks and Moss and stated the Fort Worth Rotary Club and the Samaritan House had donated 2,800 books to Mbabane, Swaziland. Council Member Moss stated the trip to Mbabane, Swaziland was significant because it allowed him to see how Mbabane related to the Sister Cities Program and what the expectations were for the partnership. He further stated that the agreement between the City of Fort Worth and Mbabane, Swaziland was renewed for another year. He added that the delegation was able to meet with the National Secretaries of Education and Housing which allowed them to discuss ways to increase communication between children in the United States and Swaziland. Council Member Hicks stated that she was honored to represent the Council and City on the trip and read an email from her Aunt, who accompanied her on the trip, that recounted her visit to Swaziland and what the trip had meant to her. 4.Presentation of Results of the 2009 Employee Food Drive Ms. Dana Burghdoff, Honorary Chair of the 2009 Employee Food Drive, Planning and Development Department, presented the results of the 2009 Employee Food Drive. She noted that the Environmental Management Department won all three categories and she also recognized the departments who achieved 2nd and 3rd place. She added that the City collected 202,856 pounds of food which was a nine (9)percent increase from last year. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Mayor Moncrief wished Council Member Zimmerman and Police Chief Halstead a happy birthday. The Council and audience sang Happy Birthday to Council Member Zimmerman and Chief Halstead. Council Member Moss announced that the Gentlemen's Society would be holding a reception on September 29, 2009, for the young men who had successfully completed all 22 courses and one year of life skills enhancement. He stated the event would be held at 7:30 p.m. at the Fort Worth Events Center, located at 2100 Evans Avenue. He also announced that a District 5 Meeting regarding the Crime Control and Prevention District Election would be held on October 1, 2009, at 6:00 p.m. at the Tarrant County College Opportunity Center, located at 5901 Fitzhugh Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 4 of 19 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burdette announced that the Lake Worth Monster Bash would be held on October 3, 2009, from 10:00 a.m. to 2:00 p.m. and would feature fun and games for the whole family. Council Member Jordan announced that a Police Public Forum would be held on September 29, 2009, at 7:00 p.m. at the Hallmark Baptist Church, located at 4201 West Risinger Road. He stated that one of the topics for discussion would be the upcoming Crime Control and Prevention District Election. Council Member Jordan also reminded the audience that there were over 1,200 Citizens on Patrol in Fort Worth. Council Member Espino announced that he attended the Hispanic Women's Network of Fort Worth Latina Art Exhibit at the Rose Marine Theatre on September 29, 2009, which raised money for scholarships for young Latina women. He added that Hispanic Heritage Month was from September 15, 2009, to October 15, 2009. He also announced that he attended a beautiful religious ceremony known as the Red Mass on September 30, 2009, organized by Attorney Bob Gibb of the Catholic Diocese of Fort Worth. He noted that the color red signified the fire of the Holy Spirit and stated the message of the Mass asked those in public law to seek justice so that we all would have a better society and way of life. Council Member Scarth announced that the Public Improvement District 6 (PID 6) Garage Sale would be held on October 3, 2009. He also advised that individuals must apply for a free City permit at least three (3) days prior to the garage sale and they must display the sign in the yard. Council Member Hicks announced that the Evans Rosedale Corridor Committee Meeting was very informative and expressed appreciation to staff, TxDOT, Historic Fort Worth, Inc., and Southeast Fort Worth Inc. She added that the City was making great strides in the area and was excited about the progress. City Manager Fisseler recognized Mr. Joe Renfroe and Mr. D.J. Garner of Moritz Chevrolet. He stated the first of the fleet of the Fort Worth Edition Silverado truck was parked in the Mayor's parking spot and invited everyone to stop by to see the truck. He noted that Moritz Chevrolet would be building 150 trucks. He also expressed appreciation to Assistant City Attorney Christa Reynolds for preparing the contract. 2.Recognition of Citizens There were no citizens recognized at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 5 of 19 VIL ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication Nos. L-14841 and L-14843 be withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication Nos. L-14841 and C-23697 be withdrawn from consideration. He noted that a revised version of C-23697 would be presented for the Council's consideration. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Chan2es in Membersh Boards and ss s Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mr. William P. Crantz be appointed to Place 7 on the Aviation Advisory Board effective October 1, 2009, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mr. Jim Wietholter be appointed to Place 7 on the City Plan Commission and the Capital Improvements Advisory Committee for Transportation Impact Fees effective October 1, 2009, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mr. Donald Boren be appointed to Place 8 on the City Plan Commission and the Capital Improvements Advisory Committee for Transportation Impact Fees effective October 1, 2009, with a term expiring October 1, 2010. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Ms. Victoria Bargas be reappointed to the Board of Adjustment-Residential effective October 1, 2009. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief advised that the remaining reappointments would be considered by one motion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 6 of 19 (IX. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the following individuals be reappointed to boards/commissions/committees as reflected: Community Development Council Mr. Mike Brennan - Place 9, effective October 1, 2009, expiring October 1, 2011 Fort Worth Commission for Women Ms. Kelsey Delatorre -Place 9, effective October 1, 2009, expiring October 1, 2011 Appeals Board Mr. Fred Harper-Place 9, effective September 30, 2009 Urban Design Commission Ms. Melissa Konur -Place 9, effective October 1, 2009, expiring October 1, 2011 City Plan Commission/Capital Improvements Advisory Committee for Transportation Impact Fees Ms. Kim Martin -Place 9, effective October 1, 2009, expiring October 1, 2011 Building Standards Commission Mr. Joe Ralph Martinez - Place 9, effective September 30, 2009, expiring September 30, 2011 Aviation Advisory Board Mr. Randy Means -Place 9, effective October 1, 2009, expiring October 1, 2011 City Zoning Commission/Fort Worth Alliance Airport Zoning Commission Ms. Gaye Reed - Place 9, effective October 1, 2009, expiring October 1, 2011 The motion carried unanimously nine (9) ayes to zero (0) nays. X.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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 7 of 19 XI.RESOLUTIONS 1.A Resolution Maintaining Current Insurance and Vehicle-Age Regu ire ments for Taxis Motion: Council Member Jordan mad a motion, seconded by Council Member Espino, that Resolution No. 3792-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.A Resolution Approving the FY 2009-2010 Budget for Dallas/Fort Worth International Airport Motion: Council Member Jordan mad a motion, seconded by Council Member Zimmerman, that Resolution No. 3793-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.A Resolution Requesting Financial Assistance from the Texas Water Develoument Board Motion: Council Member Zimmerman mad a motion, seconded by Council Member Burdette, that Resolution No. 3794-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XII.CONSENT AGENDA Motion: Council Member Bums made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. B.Purchase of Equipment, Materials, and Services - Consent Items LM&C P-11030 - Authorizing a Purchase Agreement with Flotec for Original Equipment Manufacturer Rotork Remote Control Actuators, Parts and Repair Service for the Village Creek Wastewater Treatment Plant for the Water Department for an Amount Up to $300,000.00. 2.M&C P-11031 - Authorizing the Sole Source Purchase of an Itron Leak Detection System from EGW Utilities for the Water Department in the Amount of$105,399.00. 3.M&C P-11032 - Authorizing a Purchase from Living Earth Technology Company for Organic Biofilter Media for the Village Creek Wastewater Treatment Plant in an Amount Up to $87,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 8 of 19 (XII. CONSENT AGENDA Continued) 4.M&C P-11033 - Authorizing a Sole Source Purchase Agreement with Jay Martin Company for Original Equipment Manufacturer Wemco Pumps, Components and Replacement Parts for the Village Creek Wastewater Treatment Plant for an Amount Up to $25,000.00. 5.M&C P-11034 - Authorizing a Purchase Agreement with Arberdeen Captioning for Closed Caption Translation Services for the Cable Office for an Annual Amount Up to $50,000.00. C.Land - Consent Items 1.M&C L-14840 - Authorizing the Direct Sale of Tax-Foreclosed Property Located at 1108 East Berry Street, Described as Abstract 697, Tract 21103A, G.W. Hartzog Survey, Fort Worth, Texas, to Mr. Kee Y. Song in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of$77,809.00; 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-14842 - Approving the Acquisition of a 0.074 Acre of Reclaimed-Water Line and Salt-Water Line Easement from Champion Operating Partnership, LTD, to be Used for the Construction of the Village Creek Reclaimed-Water (Eastern) Delivery System Located in North East Fort Worth in the 3900 Block of Euless South Main in the Franklin Wood Survey, Abstract 1698, Tract 2D and Pay the Estimated Closing Costs of $1,500.00; Finding that the Appraised Value of $37,828.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments for DOE 6096, Project 00213. 5.M&C L-14844 - Accepting the Dedication of Approximately 16.483 Acres of Parkland and Facility Improvements Described as a 16.483 Acre Tract of Land Situated in the Samuel P. Williams Survey, Abstract No. 1690, Being All of Lot 26x, Block 42, and Being a Portion of that Tract of Land as Described by Deed, Tarrant County, Texas, from Sheffield, LP, in Accordance with the Neighborhood and Community Park Dedication Policy for Sinclair Park. D.Planning & Zoning - Consent Items 1.M&C PZ-2849 - Authorizing the City Manager to Adopt Ordinance No. 18841-09-2009 Vacating and Extinguishing a Portion of Lot 1, Block 1, SO7 Addition,An Addition to the City of Fort Worth, Tarrant County, Texas; Being a Variable Width Access Easement Known as Matisse Drive Containing Approximately 0.454 Acres of Land More or Less; and Waiving 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 SEPTEMBER 29, 2009 PAGE 9 of 19 (XII. CONSENT AGENDA Continued) E.Award of Contract- Consent Items 1.M&C C-23800 - Authorizing the City Manager to Execute a Contract in an Amount Not to Exceed $60,300.00 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 and the Office of the Governor. 2.M&C C-23801 - Authorizing the City Manager to Execute Amendment No. 5 in the Amount of $52,148.31 to the City Secretary Contract No. 32411, an Architectural Agreement with Perkins + Will, for Reimbursable Expenses for the New Neighborhood Policing District No. 6 and Traffic Division Facility Located at 1100 Nashville Avenue. 3.M&C C-23802 - Ratifying the Application for and Accepting a Grant from the United States Department of Justice Bulletproof Vest Partnership Program in the Amount of$60,024.23; and Adopting Appropriation Ordinance No. 18842-09-2009 Increasing Estimated Receipts and Appropriations in the Grant Fund, Subject to Receipt of a Grant. 4.M&C C-23803 - Ratifying the Application for Supplemental Grant Funding from the U.S. Department of Justice in the Amount of $50,000.00 to Assist in the Continuation of the Police Department's Human Trafficking Unit; Authorizing the City Manager to Accept, if Awarded, the Supplemental Grant Funding; Authorizing the City Manager to Transfer $16,667.00 from the Federal Awarded Assets Fund to the Grants Fund for the City's Partial Match Portion, Contingent Upon Receipt of Adequate Funding in the Fiscal Year 2010 Federal Awarded Assets Fund; and Adopting Appropriation Ordinance No. 18843-09-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $66,667.00, Subject to Receipt of the Grant. 5.M&C C-23804 - Ratifying the Application for a Project Safe Neighborhood Grant from the North Texas Crime Commission in the Amount of$30,000.00; Authorizing the City Manager to Accept the Grant, if Awarded, and Enter Into a Contract with the North Texas Crime Commission for Implementation of the Grant Funded Project; and Adopting Appropriation Ordinance No. 18844-09-2009 Increasing Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of the Grant, for Participating in a Joint Effort to Reduce Violent Gang Crime. 6.M&C C-23805 - Authorizing the City Manager to Execute an Interlocal Agreement with Tarrant County for an Amount Not to Exceed $70,000.00 to Convert Existing Police Gang Data to be Compatible with Tarrant County and Other Law Enforcement Agencies. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 10 of 19 (XII. CONSENT AGENDA Continued) 7.M&C C-23806 - Authorizing the City Manager to Execute an Enhancement to City Secretary Contract No. 29948 with Tiburon, Inc., in the Amount of $14,861.00 for the Purchase of the Warrant Tracking Module to be Utilized with the Fort Worth Police Department's Records Management System; and Increasing the Amount Not to Exceed Under City Secretary Contract No. 29948 to an Estimated $1,269,712.00. 8.M&C C-23807 - Ratifying the Application for a Tobacco Education and Prevention Grant from the Texas Comptroller of Public Accounts in the Amount of $31,000.00; Authorizing the City Manager to Accept the Grant Funds, if Awarded, and Execute a Contract with the State of Texas for that Purpose; and Adopting Appropriation Ordinance No. 18845-09-2009 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of a Grant, for the Statewide Tobacco Education and Prevention Program. 9.M&C C-23808 - Authorizing the City Manager to Execute a Contract in the Amount of $85,500.00 with ACE Pipe Cleaning, Inc., for the Cleaning of Digester No. 13 at Village Creek Wastewater Treatment Plant. 10.M&C C-23809 - Authorizing the City Manager to Enter Into an Interlocal Agreement with Tarrant County for the Reconstruction of the Existing Park Access Road from Hemphill Avenue to Greenbriar Community Center Access Road with City Participation in an Amount Up to $61,306.00. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S-1742 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIV.REPORT OF THE CITY MANAGER C.Land— (Removed for Individual Consideration) 2.It was the Consensus of the Council, that Mayor and Council Communication No. L-14841, Authorizing the Direc t Sae of Two (2) Tax Foreclosed r erties ocated at 5929 e es ey Avenue, Described as Lots 15 and 16, Block 277, Chamberlain Arlington Heights, 2nd Filing and 5820 iaz Avenue, D scribed as Lots 29 and 30, Block 77, Cham erlain Arlington Hei is Addition, Fort Worth, Texas, to Trinity Habitat for Humanity in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of$5,839.00; and Authorizing the City Manager, or His Designee, t o Execute a ec r the Appropriate Ins tr e is Conveying the Propertie s to Comt)lete t e a es, e ithdrawn from s era . CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 11 of 19 4.M&C L-14843 - Accgnjj�Dedication of approximately 20.80 2 Acres of Parkland and Facility Improvements Described as a 2.285 Acre Tract of Land Situated in the Samuel P. William_ s Survey, Abstract No. 1690, Being All of Lot 413 Block 31 Phase II-_C Heritage L Addition an 18.517 Acre Tract of Land Situated in the Samuel P. Williams Surve 0. 1690, Beim All of Lot 24x, Block 34a, and Beim a Portion of a Tract of Land Conveyed to Hillwood Alliance Residential LP, Formeriv Known as Hillwood/2500, Ltd., arrant Coup Texas from_Sheffield, LP,a Heritage Place Joint Venture and Hillwood Alliance Residential, LP, in Accordance with the Neighborhood and Community Park Dedication Policy for Barksdale Park. City Manager Fisseler stated a correction needed to be made to Mayor and Council Communication No. L-14843 on the bottom of page 1. He added that in the last paragraph and second sentence, the words "Council District" should be deleted and the abbreviation "No." should be inserted. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14843 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. B. General 1.M&C G-16717 - Adopt a Res lution Naming the Proposed Pedestrian Bridge Crossing he Trinitv River at Trinitv Park the "Phvilis J. Tillev Memoria ridim". The following individuals appeared before Council in support of Mayor and Council Communication No. G-16717 and recalled stories concerning Ms. Phyllis J. Tilley and her special connection with the Trinity River. Ms. Adelaide Leavens, representing Streams and Valleys Organization, P.O. Box 101373 Mr. James Toal, 500 West 7th Street Mr. Bob Ray Sanders, 225 Willow Ridge Road Mr. Rice Tilley, cousin of Phyllis J. Tilley, appeared before Council and stated he was honored to have the bridge named in memory of his cousin who was an organizer of the Streams and Valleys Organization and May Fest in Trinity Park. Council Member Bums stated that building the bridge was eminent and he was eager for construction to begin. Council Member Burdette advised that Ms. Tilley was a dear friend of his family and stated that she left a lasting impression on every person she met. He added that she was able to attract many volunteers to assist with the Trinity River Project and served as an inspiration to future generations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 12 of 19 (G-16717 Continued) Mayor Moncrief stated Ms. Tilley was a special lady and stated she touched the lives of everyone she met. Mayor Pro tem Scarth added that the bridge was a fitting representation of Ms. Tilley as it connected people on both sides of the Trinity River and reached out to the entire City. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16717 be approved and Resolution No. 3795-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC G-16718 - Authorize the Transfer of $300,000.00 from the Cringe Control Prevention District Fund to the ITS Im r ve e is Fund for the Construction of Public Sa ety Communication Towers for the Information Tecl►nolo y Solutions I�e�artrrient; and Ador�t an Autwouriation Ordinance Increasing Esti ated Receipj1_AUd Approuriations in the ITS Improvements Fund, from Year 2009 Crime Control and Prevention District Funds. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-16718 be approved and Appropriation Ordinance No. 18846-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC G-16719 - Adoa an Appropriation Ordinance Increasing the Estimated Receia s and Autwouriations in the Park Gas Lease Proi ec e A $195,702.75, r as e ya eve es, rte r se ra s erri a id Funds to the e era ; A an Armrouriation Ordinance Increasin2 the Estimated Receiuts and Aurwouriations in the CIP Parks & Community Service Imp ovement Fund in the Amount of 527,776.00, from Available Funds, rte Purpose of Transferring Said s to the General Fund; Authori te the Transfer from e Park Gas Lease Project und to the General Fund; and Authorize e Transfer from e CIP Parks & Communitv Service Imr)rovement Fund to the General Fund-and Adopt an Appropria tl r l a Ce Increasing the Estimated Receipts and Appropriations i the General Fund in the Amount of $223,478.75, from Available Funds, for the Purpose of Reimbursing Costs Associated it h ±!Mobinj Refurbishments at the Botanic Garden, Purchasing gnd Certifying of Pool Drain Covers at the Community Pools and Purchasing a Flat-Bed Truck. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16717 be approved and Appropriation Ordinance Nos. 18847-09-2009, 18848-09-2009 and 18849-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 13 of 19 D.Land 1.M&C L-14845 - Atmrove the Accer)tance of a Lease Amement for Natural Gas Drillin Under 6.874 Acres More or Less of City-Owned Properties Known as Guinn School Located at 1150 South Freeway to XTO Energy Inc.,for a Two (2)Year Pri mary erm. Mayor Pro tem Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on the item. (Mayor Pro tem Scarth left his place at the dais.) Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14845 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem Scarth. (Mayor Pro tem Scarth returned to his place at the dais.) 2.MSC L-14846 - Approve Acceptance of Lease Agreement with Chesapeake Exploration, L.L.C., in the Amount of$18,906.33 for Natural Gas Drilling Under 6.8 5 Mineral Acres of Ci Owned Properties Known as Southside Pump Station Located at 1800 West Waggoman Street. 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 the item. (Council Member Jordan left his place at the dais.) Motion: Council Member Bums made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. L-14846 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) 3.MSC L-14847 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protect on of Public Parks and Recreational Lands; F nd that No Feasible or Prudent Alternative for the Use of Trinity_Park, Located at 2401 University Drive as of University Drive, rest e a es t of Tr Park Drive,Exists for the Relocation of the Proposed E ectrical Lines; Find that the Prono se d Relocation Includes All Reasonable Planning to Minimize Harm to the Parkland; Close the Public Hearing and Authorize the Cily Manager to Approve t e Conversion of Approxim ate 13: .21 Acres of Dedicated Parkland for the Relocation of Electrical Lines; and Authorize Granting an Easement to Oncor Electric Deli CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 14 of 19 (L-14847 Continued) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b.Citizen Presentations The following individuals completed speaker cards in support of Mayor and Council Communication No. L-15847 but did not wish to address the Council: Mr. Townes Clemon, 420 Throckmorton Avenue, Suite 910 Mr. Carlos M. de la Torre, 115 West 7th Street Mr. Brandon Elms, 420 Throckmorton Avenue, Suite 910 c.Council Action Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. L-14847 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. E.Planning Zoning 1.M&C PZ-2850 - Adopt an rdinance Changing th Name of Cromwell Street from East Leuda Street to ast Vickery Boulevard Located A 'ace t to c and c the Glenwood Addition, to "Sines Legacy Lane" (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 15 of 19 (PZ-2850 Continued) b.Citizen Presentations Mr. Vernell Sturns, 612 Highwood Trail, appeared before Council in support of Mayor and Council Communication and relative to the street name change from Cromwell Street to Sims Legacy Lane in memory of Pastor Paul A. Sims. He introduced current Pastor Rudy Thompson and advised that the Community Christian Church would be celebrating its 100th anniversary of community service. He stated several programs such as Minority Leaders and Citizens Council and Safe Haven began and were operated at the church. Council Member Hicks expressed appreciation to Community Christian Church for the many years of community service and stated she looked forward to their continued service in Southeast Fort Worth. c.Council Action Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and Mayor and Council Communication No. PZ-2850 be approved and Ordinance No. 18850-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. F.Award of Contract 1.It was the Consensus of the Council that Mavor and ci Communication C-23697 Authorize a Contract in the Amount of $70,000.00 with Westhill Construction, Inc., to Install Sneed Cushions and Raised Crosswalks at Various Locations in the City of Fort Worth for Traffic Calffijag,be Withdrawn from Consideration (Con inued from Se to er , 2 }. 2.M&C C-23697 - (Revised) Authorize the City Manager to Execute a Contract in the Amount of_$70,000.00 with Westhill Construction, Inc., for 365 Days for the Installation of Sneed Cushions and se d Crosswalks at Various Locations in jhe City of Fort r r Traffic Lalmin Council Member Jordan advised that one of the locations listed for a crosswalk in Mayor and Council Communication No. C-236597 (Revised)was at Cook Children's Hospital and he had been advised by the City Attorney that the construction presented no Conflict of Interest for him. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 16 of 19 (C-23697 Continued) Council Member Zimmerman expressed appreciation to Mr. Bill Verkest, Director, Transportation and Public Works (T/PW)Department, and staff for their assistance in reviewing the issues that could occur with traffic calming devices. He stated T/PW was developing a process that took into account the safety of the citizens plus the ability of the first responders to adequately serve the community. He added that two main issues with speed cushions were maintenance and safety of the cars and passengers that travel over the cushions. He stated T/PW would be reviewing the requests for traffic calming devices over the next year to ensure that they met the requirements and policies that had been developed. Council Member Burdette advised that Crestline Road and Clover Lane, located in the Arlington Heights Neighborhood, had been removed from the original proposal because the streets were scheduled to be repaved in the near future. He stated those two (2) streets were an example of why the requests needed to be thoroughly reviewed and analyzed. He added that they would be reviewed at a later date after the road repairs had been made. Mayor Moncrief stated there were differing opinions on this issue but the goal was harmony and a situation where citizens and emergency responders knew what to expect when traveling on City streets and thoroughfares. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23697 (Revised) be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC C-23810 - Authorize a Sole Source Purchase Amement for the Jurisdictional Enhanced ci e t Man nified Command Course from Texas Engineering Extension Service for the City of Fort Worth Emergency Operations Center User's Grout) in the Amount of$ Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23810 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.MSC C-23811 - Authorize the City Manager to Execute a Public Right-of Way Use Agreement it is si ver Resources to ra t a License to str ct and erate an 8-Inch Fresh Water Pipeline Across Alta. Vista. Road, South of Feller Haslet Road for a One (1) Tune License Fee of$2,760.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 17 of 19 (C-23811 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23811 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.M&C C-23812 - Authorize the City Manager to Execute an Agreement with Occupational Health Centers of the Southwest, P.A. d/b a Concentra Medical Centers, for Occupational Health Care Services with an Initial to Renew for an Anticipated Initial Annual Cost of$260,000.00. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-23812 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6.M&C C-23813 - Authorize the Citv Manner to Execute an Enhanced Communitv Facilities Agreement with the Fort Worth Local Deve1gRgjjflLjj2LR2EAjj2n_jR an Amount Not to Exceed $830,000.00 for Public Infrastructure Improvements in the Evans and Rosedale Urban Village. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23813 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 7.M&C C-23814 - Authorize the Citv Manner to Execute Amendment No. 2 to City Secretary Contract No. 34101, a n Annual Architectural Design Agreement r Small Mu1tLRjKj2!jgary Proiects, with Elements of Architecture, Inc., to Increase the Term from Three (3) Years to Five J5) Years and to Increase the Total Fee from $600,000.00 to $900,000.00 Over the five C51 Year Term. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23814 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 8.M&C C-23815 - Authorize the Citv Manager to Execute a Renewal to an Interlocal Agreement with Tarrant Countj, exas r t e htWidenin&of Golden Triangle B ulevard from IH-35W to US 377 in the Amount of$7,300,00 .00. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23815 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 18 of 19 9.M&C C-23816 - Authorize tht_LjI3�� t Execute an Agreeme t with Jacobs Enlneerin� Gr®Ilt3, Inc., in the Amount of 53,590,056.00 r a GIS Project, to Adequately Map the City's StormwaterSystem for the Transportation and Public Works DeD art ment, Stormwater Management Division. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23816 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 10.MSC C-23817 - Authorize the Transfer of$114,245.00 from the Water and Sewer OgergjLng Fund to the Sewer Capital Projects Fund; Adopt an Appropria ion Ordinance Increas Estimated Receit)ts and ADDroDriations in the Sewer Car)ital Proiects Fund, from Available Funds, for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LVIII (58), Part 2; and Execute a Contract with Conatser Construction TX,LP in the Amount of$2,574,825.00. Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23817 be approved and Appropriation Ordinance No. 18851-09-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 11.M&C C-23818 - Authorize the Lj a s er t xecutea Contract with W.R.jj2d Ison Co., L.P., in the Amount of $2,139,683.20 for Sanitary Sewer Replacement Main 253, Part I on Randol Mill Road and Parallel to the Banks of the Trinity iver. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23818 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. XV.CITIZEN PRESENTATIONS Mr. James Patterson, 264 Palomino Drive, Saginaw, Texas appeared before Council regarding a red light camera citation he had received and was contesting in Municipal Court. He stated that the actions of one of the municipal judges were unconstitutional. He referenced a letter that was sent to Council Member Burdette which requested Council Member Burdette ask for a continuance on his behalf until the Municipal Court Committee could investigate the judges. Mayor Moncrief referred Mr. Patterson to City Attorney Yett for guidance. Council Member Burdette added that he would also stay in contact with Mr. Patterson. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 2009 PAGE 19 of 19 XVI.EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) It was the consensus of the City Council that they recess into Executive Session at 11:57 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: a) Paz Energy, LLC, v. Dallas/Fort Worth International Airport Board, et al, Cause No. 153- 237052-09; b) Faye Anna Mitchell, Individually and as Trustee of the Mitchell Family Trust and Mitchell, Mitchell & Mitchell, Ltd. v. FW Sports Authority, Inc., and City of Fort Worth, Cause No. ED- 2007-00232; 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. XVII.ADJOURNMENT There being no further business, the meeting was adjourned at 12:25 p.m. These minutes approved by the Fort Worth City Council on the 6th day of October, 2009. Attest: Approved: Marty endrix Michael J. Myr City Secretary Mayor