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HomeMy WebLinkAbout2009/10/06-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 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 Fernando Costa, Assistant 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 10:16 a.m. on Tuesday, October 6, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II.INVOCATION- Reverend Jack Crane, Truevine Missionary Baptist Church The invocation was provided by Reverend Jack Crane, Truevine Missionary Baptist Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 29 2009 Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the minutes of regular meeting of September 29, 2009 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 2 of 17 V. SPECIAL PRESENTATIONS, , 1.Presentation of Proclamation for A t-A-S e ter Dog Month Council Member Moss presented a Proclamation for Adopt-A-Shelter Dog Month to Ms. Alyssa Wheaton-Rodriguez, Animal Shelter Advisory Committee member and board member of the Humane Society of North Texas. Ms. Wheaton-Rodriguez introduced other members of the committee and McGruff the Crime Watch Dog and stated that the month of October was Adopt-A-Shelter-Dog Month. She advised that Fort Worth residents could adopt a dog and/or various types of other pets to serve as companions. She added that every year the Humane Society of North Texas and the Fort Worth Animal Care and Control staff partner with other animal welfare agencies to find homes for the thousands of dogs, cats and other animals found lost or abandoned. She encouraged everyone to visit the animal shelter and adopt a pet. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Mayor Moncrief invited all residents to participate in the 26th Annual National Night Out celebration. He advised that all residents were asked to turn on their outside lights and spend the evening outdoors with their neighbors, the police, Neighborhood Crime Watches, Citizens on Patrol, Neighborhood Associations, and other neighborhood groups. He stated that the Council would be in the community sharing concerns and discussing the importance of the upcoming Crime Control and Prevention District (CCPD) Election and how it pertained to the quality of life for everyone in the City. He also announced that the Fiscal Year 2010 City budget closed a $59 million shortfall in part by cutting back some City services and reducing personnel costs. He stated that part of that plan included eight furlough days, which were days without pay and were required for all general (non-civil service) City employees. He advised that the first furlough day was scheduled for October 12, 2009, and that as a result of the furlough day, some City services and programs would be unavailable. He noted the following list of closures during the furlough day: Fort Worth City Hall, most City offices and courts would be closed on Monday, October 12, 2009. • Because of scheduling conflicts on October 12, 2009, the Fort Worth Convention Center would be closed for furlough on October 5, 2009. • All libraries would be closed on October 12, 2009. • Additionally, three libraries that were normally closed on Mondays would be closed on October 10, 2009, as well as October 12, 2009. Those were the Northside Branch Library, the Butler Outreach Library Division (or BOLD) and Cavile Outreach Opportunity Library (or COOL). • No materials would be due on days libraries were closed. • No electronic requests for materials would be processed. • Book drops would be closed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 3 of 17 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) He noted the following services would be in operation during the furlough day: • All Fire and Police essential emergency services. • Weekly trash, recycling and yard waste pickup. • Alliance, Meacham and Spinks airports. • Golf courses, Fort Worth Botanic Garden (grounds only), Fort Worth Herd, McLeland Tennis Center, Fort Worth Zoo, Fort Worth Water Gardens (water features will not be operating). • Fort Worth Convention Center and Will Rogers Memorial Center. • The City call center would be in operation and taking calls for Environmental, Code Compliance, Transportation and Public Works, Water, and Animal Control services. He stated that October 12, 2009, was the first of eight furlough days scheduled for the fiscal year. He added that the furlough days through the rest of the year and into 2010 included: • Day before Thanksgiving Day: November 25, 2009 • Christmas Eve: December 24, 2009 • President's Day: February 15, 2010 • Good Friday: April 2, 2010 • Friday before Memorial Day: May 28, 2010 • Friday before Independence Day: July 2, 2010 • Friday before Labor Day: September 3, 2010 He added that the City was trying to make the furlough days as easy as possible for the citizens and employees. He also advised that citizens could learn more information about the furlough days by visiting www.FortWgAhGoy.org or by contacting 817-392-CALL (2255). Council Member Jordan announced that a CCPD Information Forum would be held on October 8, 2009, at 6:30 p.m. at the Christ Church in the Student Ministry Auditorium, located at 5301 Alta Mesa Boulevard. He stated the topic of discussion would be the upcoming November 3, 2009, CCPD Election. Council Member Hicks announced that the new Crime Lab Groundbreaking Ceremony would be held on October 13, 2009, at 9:00 a.m. at 3616 East Lancaster and stated that the new Crime Lab would not be possible without CCPD funds. She added that they building was empty for many years and that this would continue the revitalization efforts along the Lancaster Avenue corridor. Council Member Moss announced that the Historic Handley Development Corporation would hold its 11th Annual Street Festival and Classic Car Show on October 10, 2009, from 10:30 a.m. to 10:30 p.m. at the corner of East Lancaster Avenue and Handley Drive. He added that the event would be a full day of fun and activities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 4 of 17 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Scarth announced that a CCPD Information Meeting would be held on October 22, 2009, at 7:00 p.m. at the Pantego Bible Church, located at 8001 Anderson Boulevard. He added that the topic of discussion would be the upcoming November 3, 2009, CCPD Election. Council Member Burns announced that Music Arte de Fort Worth would be held on October 9-10, 2009, from 10:00 a.m. to 11:00 p.m., in Sundance Square. He stated that the admission was free and the event would feature authentic Latino art, music, food, dancing, and children's activities. He stated that more information could be found at www.musicartefw.com. Council Member Burdette announced that a CCPD Information Meeting would be held on October 19, 2009, at 6:30 p.m. at the Arlington Heights Methodist Church, located at 4200 Camp Bowie Boulevard. He added that the topic of discussion would be the upcoming November 3, 2009, CCPD Election and how the CCPD affected the citizens citywide. Council Member Zimmerman announced that District 3 would not be holding a mass meeting related to the upcoming CCPD Election due to the historic sporadic attendance in his district. He advised that he had been in contact with the Neighborhood Associations and Presidents and he would be attending all of the Homeowner Association Meetings to emphasize the message and importance of the CCPD. 2.Recognition of Citizens There were no citizens recognized at this time. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA Assistant City Manager Costa requested that Mayor and Council Communication Nos. C-23822 and C-23828 be withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 5 of 17 IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Ms. Diann Stadler be reappointed to Place 7 on the Fort Worth Commission for Women effective October 6, 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 Jordan, that Mr. Jack Summerford be reappointed to Place 7 on the Urban Design Commission effective October 6, 2009, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief requested Council consideration to appoint Vickie Stevens to the Audit and Finance Committee. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Ms. Vickie Stevens be appointed to Place 1 on the Audit and Finance Committee effective October 6, 2009, with a term 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. XI.CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 6 of 17 (XI. CONSENT AGENDA Continued) A.General - Consent Items 1.M&C G-16720 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Fourteen (14) Limousines Upon the City Streets, Alleys and Thoroughfares; Hoque & Mumith, Inc., d/b/a ALT Worldwide Chauffeured Services, is Qualified and Financially Able to Conduct a Limousine Service within the City; Hoque & Mumith, Inc., d/b/a ALT Worldwide Chauffeured Services, has Complied with the Requirements of Chapter 34 of the City Code; Hoque & Mumith, Inc., d/b/a ALT Worldwide Chauffeured Services, Presented Facts in Support of Compelling Demand and Necessity for Fourteen (14) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Fourteen Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18852-10-2009 Granting the Privilege of Operating Authority to Hoque & Mumith, Inc., d/b/a ALT Worldwide Chauffeured Services, for the Use of City Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, which Shall Consist of the Operation of Fourteen (14) Limousines for a Three (3) Year Period Beginning on the Effective Date; Providing for Written Acceptance by Hoque & Mumith, Inc., d/b/a ALT Worldwide Chauffeured Services and Conditioned on Hoque & Mumith, Inc., d/b/a ALT Worldwide Chauffeured Services, Complying with All Requirements of Chapter 34,Article VI of the Code of the City of Fort Worth (1986), as Amended. 2.M&C G-16721 - Authorizing a Six (6) Month Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $38,345.26 for Firefighter Raymond Forester Beginning October 4, 2009, Through April 4, 2010. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-11035 - Authorizing a Purchase Agreement for Flexible Base Street Repair Material with Eagle Aggregate Transportation, LLC, for the Transportation and Public Works Department for an Annual Amount Up to $35,900.00. 2.M&C P-11036 - Authorizing the Purchase of a New Bulky Waste Dump Truck from Sam Pack's Five Star Ford Using Texas Procurement and Support Services Term Contract No.072- A1 for a Total Cost of$62,900.00. 3.M&C P-11037 - Authorizing the Purchase of Concession Equipment from ISI Commercial Refrigeration, Inc., for the Public Events Department for a Total Amount of$111,910.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 7 of 17 (XI. CONSENT AGENDA Continued) C.Land - Consent Items 1.M&C L-14848 - Authorizing the Direct Sale of Tax-Foreclosed Property Located at 1203 Bradley Street, Described as Lot D, Block, H.H. Bradford Subdivision, Fort Worth, Texas, to Martina and Reyes Mariscal, in Accordance with Section 34.05 of the Texas Tax Code, for the Sales Price of $1,201.41; 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-14849 - Authorizing the Direct Sale of Tax-Foreclosed Property Located at 3302 Bright Street, Described as East Part of Lot 3, Block, McClendon Heights Addition, Fort Worth, Texas, to Ruby Mendoza in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $8,212.31; 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-14850 - Authorizing the Direct Sale of a Tax-Foreclosed Property Located at 3327 Sydney Street, Described as Lot 2, Block 3, Deal Place Revised Addition, Fort Worth, Texas, to Mark and Tamara Frazier in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of$17,174.56; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 4.M&C L-14851 - Authorizing the Direct Sale of Two (2) Tax-Foreclosed Properties Located at 5929 Wellesley Avenue, Described as Lots 15 and 16, Block 277, Chamberlain Arlington Heights, 2nd Filing and 5820 Diaz Avenue, Described as Lots 29 and 30, Block 77, Chamberlain Arlington Heights Addition, Fort Worth, Texas, to Fort Worth Area Habitat for Humanity, Inc., 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, to Execute and Record the Appropriate Instruments Conveying the Properties to Complete the Sales. 5.M&C L-14852 - Authorizing the Transfer of$49,800.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund, to be Used for One (1) Permanent Water Facility Easement; Adopting Appropriation Ordinance No. 18853-10-2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund, from Available Funds, for the Purpose of Funding the Acquisition of a Water Facility Easement; Approving the Acquisition of One (1) Permanent Water Facility Easement Located at 4001 Fain Street, Described as Lot 1, Block 1, Green Acres Addition, Northeast Fort Worth, from Ruth R. Bravenec; Finding the Appraised Value of $46,800.00 Plus Estimated Closing Costs of $3,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 8 of 17 (XI. CONSENT AGENDA Continued) 6.M&C L-14853 - Approving the Acquisition of 0.271 Acre Reclaimed Water Line and Salt Water Line Easement and 0.456 Acre Temporary Construction Easement from Explorer Pipeline Company to be Used for the Construction of the Village Creek Reclaimed Water (Eastern) Delivery System Located in a Portion of Northeast Fort Worth on Mosier Valley Road in the G.W. Couch Survey, Abstract 278 and Pay the Estimated Closing Costs of $2,000.00; Finding that the Appraised Value of $69,990.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. 7.M&C L-14854 - Approving the Acquisition of 0.114 Acre Reclaimed Water Line and Salt Water Line Easement and 0.118 Acre Temporary Construction Easement from J & W Sand and Gravel, Inc., to be Used for the Construction of the Village Creek Reclaimed Water (Eastern) Delivery System Located in a Portion of Northeast Fort Worth on Mosier Valley Road in the J.J. Wingfield Survey, Abstract 1634, Tract 1 and Pay the Estimated Closing Costs of $3,000.00; Finding that the Appraised Value of $87,154.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. E.Award of Contract- Consent Items 1.M&C C-23819 - Authorizing the City Manager to Execute a Contract in the Amount Not to Exceed $52,260.00 with Charles W. Evans 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. The Term of the Contract will be Retroactive to September 1, 2009, and Continue Until August 31, 2010. 2.M&C C-23820 - Authorizing the City Manager to Execute a Contract in the Amount Not to Exceed $40,200.00 with Walter Fisher 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. The Term of the Contract will be Retroactive to September 1, 2009, and Continue Until August 31, 2010. 3.M&C C-23821 - Authorizing the City Manager to Execute a Professional Services Agreement in an Amount Not to Exceed $66,240.00 with Patrick A. Svacina, d/b/a PAS Communications, for Consulting Services Regarding the 2011 Super Bowl and as a Legislative Liaison Relative to State Legislative and Administrative Issues. The Term of the Contract will be from October 1, 2009, to September 30, 2010. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 9 of 17 (XI. CONSENT AGENDA Continued) 5.M&C C-23823 - Authorizing the City Manager to Execute Amendments to City Secretary Contract Nos. 35326 and 35327, Economic Development Program Agreements with Trinity Bluff Development, Ltd., to Modify the Deadlines for the Completion of the Private Improvements that are Required Under Those Agreements in Order to Receive Certain Economic Development Grants from the City; and Execute an Amendment to City Secretary Contract No. 32340, a Community Facilities Agreement with Trinity Bluff Development, Ltd., for Certain Drainage Improvements within the Trinity Bluff Phase 11 Development, to Modify the Scope of the Private Improvements and the Related Construction Oriented Milestones Required Under the Agreement in Order to Receive City Funding for that Project. 6.M&C C-23824 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount of$78,335.00 to the Advance Funding Agreement with the Texas Department of Transportation for the Review of Plans, Specifications and Estimates for the Design of the Widening of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377; and Authorizing Payment to the Texas Department of Transportation. 7.M&C C-23825 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount of $41,725.00 to City Secretary Contract No. 35265, an Engineering Services Agreement with Wier & Associates, Inc., Thereby Increasing the Total Fee to $81,725.00. 8.M&C C-23826 - Authorizing the City Manager to Execute the Renewal of a Lease Agreement with the Texas Department of Transportation for Use of State-Owned Right-of-Way for Employee Parking Located at the Intersection of West Lancaster Avenue and Taylor Street for a Term of Three (3)Years at a Sum of$3,450.00 per Year, to Terminate on April 30, 2012. 9.M&C C-23827 - Ratifying the Application for Grant Funding in the Amount of $65,000.00 from the Texas Department of Transportation (TXDoT) to Operate the Click It or Ticket Selective Traffic Enforcement Program and the Teen Safety Belt Enforcement Program; Authorizing the City Manager to Accept, if Awarded, the Grant Funds from the TXDoT; Authorizing the City Manager to Execute a Contract with the TXDoT to Operate Three (3), One (1) Week Enforcement Periods Under the Teen Safety Belt Enforcement Program and One (1), Two (2) Week Enforcement Period Under the Click It or Ticket Selective Traffic Enforcement Program; and Adopting Appropriation Ordinance No. 18554-10-2009 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant for the Purpose of Operating the Programs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 10 of 17 (XI. CONSENT AGENDA Continued) 11.M&C C-23829 - Authorizing the City Manager to Execute the Second Five (5) Year Lease Renewal Option of City Secretary Contract No. 25667 with Richardson Aviation for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3 at Fort Worth Meacham International Airport. 12.M&C C-23830 - Ratifying Change Order Nos. 1-3 with AVAYA, Inc., for Call Center Technology in the Amount of $29,764.08 for Additional Hardware, Software, Licenses and Multi-Year Maintenance Support to Support Correct and Future Infrastructure Needs for the Water Department 24x7 Call Center, Thereby Increasing the Contract Amount to $859,022.34; and Ratifying Change Order No. 4 to Reduce the Annual Costs of a Four (4) Year Agreement with AVAYA, Inc., for Call Center Technology Proactive Internet Protocol Monitoring from $109,161.84 to $55,236.65. 13.M&C C-23831 - Authorizing the City Manager to Execute a Two (2) Year License Agreement with Fiesta Mart, Inc., to Continue Leasing Approximately 130 Square Feet for the Water Department Satellite Customer Service Center in Fiesta Mart, Inc., at the Corner of Miller Street and Berry Street. Total Cost for Leasing the Location at 4245 East Berry Street is $28,800.00 for Two (2) Years at $1,200.00 Per Month; and Authorizing the Term of the License Agreement to Begin October 1, 2009, and Terminate September 30, 2011. 14.M&C C-23832 - Authorizing the City Manager to Execute a Two (2) Year License Agreement with Fiesta Mart, Inc., to Continue Leasing Approximately 180 Square Feet for the Water Department and Municipal Court Satellite Customer Service Center in the Carnival Food Store at the Corner of Northwest 28th Street and North Main Street. Total Cost for Leasing the Location at 102 Northwest 28th Street is $26,400.00 for Two (2) Years at $1,100.00 per Month; and Authorizing the Term of this License Agreement to Begin October 1, 2009, and Terminate September 30, 2011. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1743 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 11 of 17 XIII.REPORT OF THE CITY MANAGER E.Award of Contract—(Removed from Consent Agenda for Individual Consideration) 4.M&C C-23822 - Authorize the Execution of a Contract with TW Telecom Holdings,_jflL,_Lo Provide Telecommunications Services at the Eagle Mountain Radio Tower Site Located at 6869 Bowman Roberts Road for the Information Technology Solutions Department Using General Services Administration Contract No. GS-35F-0426R at an Annual Cost S32 00.00. Assistant City Manager Costa advised that a correction needed to be made to Mayor and Council Communication No. C-23822. He noted that in the caption, the General Service Administration contract number was incorrect and should read GS-35F-0426R. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23822 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. 10.MSC C-23828 - Adout an ADDroDriation Ordinance Increasing the Estimated Receir)ts and Appropria ions in the Special Tru t Fund in the Amount of$6 600.00 from Available Funds the Annual Su tort and Maintenance of the j2al_Munici 2 Court Case Management System; Authorize Amend the Software SupDort and Maintenance Service Agreement with CourtView Justice Solutions,Inc. for the CourtView Case Management System to Increase the Total Annual Service Fees to $96,600.00; and Ant orite the City a s er to Enter Into Subsequent Annual Renewals of the Service Agreement for Atmlication Software Support a d Maintenance Services,_Sub*ect to Funds being riated for Such Renewal .I_ pp A rop Periods. Assistant City Manager Costa advised that Mayor and Council Communication No. C-23828 was removed from the Consent Agenda for individual consideration. He stated that the Council had discussed the item in the Pre-Council meeting and this was an opportunity for further discussion before voting on the item. Council Member Jordan requested that Staff provide a presentation relative to the current status of the Municipal Court system and collection of fines, as well as an update on the IT Department acquisition of software programs in its entirety. Motion: Council Member Jordan made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C-23828 be approved and Appropriation Ordinance No. 18855-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 12 of 17 B.General 1.M&C G-16722 - Approve the Proposed Sett e e e Claims in a Lawsuit Entitled FW Sports Authorily, Inc., v. Faye An a Mitchell and the Mitchell Family Trust, C se No. ED-97- 00047-C, and in a Lawsuit Entitled 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, Case No. ED-2007-00232, Arising fro the Condemnation of 5.548 Acres for the Construction of Petty Place Road to Serve the Texas Motor Speedway; After the Closing of the Settlement of these ati on of Pett3: Place Ro d as a Public Street; and Authorize the City Manager to Execute All Documents Necessary to Complete the Settlement on Behalf of the City. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16722 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC G-16723 - Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the is Management Fun in the Amount of$225,031.04, from Available Funds Due to Subroga ec very, rte r se ra s err a s to Various Funds for the Insured Property and Liability Losses; an Authorize the Transfer of $235,840.2 from the Risk Management Fun to Various Funds. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G-16723 be approved and Supplemental Appropriation Ordinance No. 18856-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC G-16724 -Authorize Substantial Amendments to the City's 2006-2007, 2007-2008, 2008- 2_________, and 2009-2010 Action Plans; and A thorize a Chan e in Use and Expenditur of g_ $490,352.0 in Communitv Development Block Grant Funds for the Fort Worth Category I Demolition Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16724 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 13 of 17 4.M&C G-16725 - Authorize the Transfer of $943 848.00 from the Fiscal Year 2022 udget of the Water and Sewer Operating und to the SDeciall y Funded CaDital Projects Fund in the Amount of $471848.00 and the General Fund in the Amount of $472,,000.00; AdoDt an Appropria ion Ordinance Increasi Funded Capital Projects Fund and in the General Fund, front Available Funds for the Purpose of Fundin2 the Management of t e Public Art Program and Maintenance of the Public Art Collection; with and Authorize Execute a Professional Services the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of $472,000.00 for Fiscal Year 2 -2 s a e e of the Fort Worth Public Art Program, Including Maintenance of the Fort Worth Public Art Collection for a Period of One (1)Year. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16725 be approved and Appropriation Ordinance No. 18857-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.MSC G-16726 - Authorize the City Manager to Accept a Gift front the Friends of the Fort Worth Nature Center agd_Refuge in the Amount of $50,000.00 for the Purpose of Partiall Funding S lacres and Benefits for Two (2) F 11-Time Staff Positions at the Fort Worth Nature Center and Refug e for Fiscal Year 2010- and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropri tions in the Special Trust Fund, Upon Receipt f a etary Gift from Friends of the Fort Worth Nature Center and Refine, for Partially Funding Salaries and Benefits for the Two ime Staff Positions. Mr. Richard Shepherd, Vice President of the Friends of the Nature Center, 3216 Preston Hollow Road, appeared before Council in support of Mayor and Council Communication G-16726. He provided a brief history of the Fort Worth Nature Center and its mission. He stated the Nature Center was one of the largest in the nation and comprised one third of the park land in the City. He added that the Nature Center was a valuable and effective educational tool utilized by all who visited. He also stated that the Nature Center was home to nationally recognized recreation trails and was named a National Natural Landmark by the United States National Park Service. He noted that the Texas Parks and Wildlife Department recently awarded the Nature Center and its staff, the Loan Star Steward Award, for excellent park land management and preservation. Mayor Moncrief stated the 3,621 acres of the Nature Center was a Fort Worth treasure and was nature's classroom for all ages to enjoy. He added that the previous generation recognized that they would only have one (1) chance to preserve the land and have since worked hard to continue the preservation for future generations. He congratulated the Nature Center staff for the honor bestowed upon them by the Texas Parks and Wildlife Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 14 of 17 (G-16726 Continued) Council Member Burdette expressed appreciation to the Friends of the Nature Center and stated the monetary gift of$50,000.00 was just one of a series that the Friends had given over the years. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16726 be approved with appreciation to the Friends of the Nature Center and Appropriation Ordinance No. 18858-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C.Purchase of Equipment, Materials, and Services 1.MSC P-11038 - Authorize a Contract with The Fowler Group, Inc., to Provide Marketing, Desi2n and e site Developme t Services for te Emergencv Management Office Disaster Fre�aredness Program for an Amount Not to Exceed $300,000.00. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P-11038 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC P-11039 - Authorize a Purchase Agreement with Twincrest Technologies for Traffic Sensor Devices Through Houston-Galveston Area Council tract No. PE05-09 for the Transportation and Public Works Department for an Am2HRL UX to $150,000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-11039 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. D.Land 1. 55 - Authorize t o Condemnation and ec are the NecessitJ of Taking an terest in 0.374 Acre for Two (2) Reclaimed Waterline Easements and 0.052 Acre Temporary Constructions� South in a Portion of Land Known as Richard H. Calloway Survey, Abstract 337, ess ai , Tarrant County, TexasOwned T.J.L. rave Companv, • ., to be Used for te Construction of the Village ree ec a e Water Ltasterni DeliverL S stem; and AuthorkLLhe Cit y Att r ey to stit to Condemnation Proceedings to Ac ire the Interest in the Land. Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L-14855 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 15 of 17 F.Award of Contract 1.M&C C-23833 - Adopt an Appropriation rdinance Increasing th Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of$1,094,720.00, from Available Fun rte Purpose of Transferring aid Funds e acts y e a its r jests to Fund the Relocation of the City's Auto Pound Facility; A uthorize the City Manager to Transfer $1,094,720.00 from the Special Trust Fund to th t an Atmrormiation Ordinance Increasin2 the Estimated Receir)ts and ADDroDriations in the Specially Funded Capital Pro*ects Fund front Available Funds; Authorize Expenditures Not to Exceed $80,000.00 for Preliminary Design and Engineering from the Non-Degartmental Budget for Services Provided by e e is Architecture Under City Secretar3: tract No. 341OL- Authorize the City Manager to Execute a Work Order with Job Order Contractor, Yeargan Construction Company— The Ma k IV Construction GroH2,jLC in the Amount of$765 71 .10 to Relocate the City's Auto Pound Facility Now Located at 1301 East Northside_Drive- and Authorize the City Manager to Execute Amendment No. I to City Secretary Contract No. 35558 with Year2an Constructj2g_C2MMv— The Mark IV Construction Group, LLC, to Increase this Individual Y 00. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23833 be approved and Appropriation Ordinance Nos. 18859-10-2009 and 18860-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC C-23834 - Authorize the City Manager to Execute Amendment No. 2 in the Amount of $178,000.00 to City Secretary Co tract No. 35341 an Eflkiflsari Services A reement with TranSvstems Comoration Consultants for the Design of the Hemr)hill Street Connection from Vicker y Boulevard to Lancaster Avenue for a Total Contract Cost of$9 Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23834 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC C-23835 - Authorize the City Manager to Accent Funds in the Amount of $105,922.45 from the Southside Tax Increment Financin2 District for the Construction of Street Improvements on South Adams Street Between West Magnolia Avenue and West Rosedale Street and A an ADDroDriation Ordinance Increasin2 the Estimated Receir)ts and Appropriations in the Contract Street Maintenance Fund, from Available Funds,for the Purr)ose of Funding the Street Improvements; and Authorize the City Manager to Execute a Contract with Dirtco s Contracting, in the A mount of $ 25, 7. rte Street Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 16 of 17 (C-23835 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-23835 be approved and Appropriation Ordinance No. 18861-10-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XIV. CITIZEN PRESENTATIONS 1.Mr. Glen a re ter Fort Worth Real Estate Council - CCPD Election Mr. Glen Hahn, Greater Fort Worth Real Estate, appeared before Council relative to the November 3, 2009, Council, Crime Control and Prevention District (CCPD) Election. He stated the Greater Fort Worth Real Estate Council was eager to support the election. He added that Fort Worth was once a very unsafe place to live and work but had since changed and the City was able to recruit new employment and attract new business and residents. He expressed appreciation to Congresswoman Kay Granger, former Mayor Kenneth Barr and the Mayor and Council for having the foresight to protect the quality of life for current and future residents and business owners. He added that their 330 members had contributed $3,000.00 to the campaign and had also placed an advertisement in the Fort Worth Business Press. Mayor Moncrief expressed appreciation to Mr. Shepherd for his strong statement and support and stated their voices were being heard throughout the City. Council Member Burns expressed appreciation to the Greater Fort Worth Real Estate Council for being the first group to make a presentation and show strong support for the upcoming November 3, 2009, CCPD Election. XV.EXECUTIVE SESSION (PRE COUNCIL CHAMBER} It was the consensus of the City Council that they recess into Executive Session at 10:55 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) Legal issues related to collective bargaining with the firefighters' union; b) City of Fort Worth v. Howell Instruments, Inc., Cause No. 06-42201-2; c) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 PAGE 17 of 17 (XV. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) Continued) 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; and 5. Deliberate personnel matters in accordance with Section 551.074 of the Texas Government Code with Regard to: a) City Council political employees (Council Aides); and b) City Council appointed officials. XVI.ADJOURNMENT There being no further business, the meeting was adjourned at 11:57 a.m. These minutes approved by the Fort Worth City Council on the 13th day of October, 2009. Attest: Approved: C Marty Hendrix Michael TM City Secretary Mayor