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HomeMy WebLinkAbout2005/07/26-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 Date & Time On the 26th day of July, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:14 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Chuck Silcox; Council Members Salvador Espino, Becky Haskin, Jungus Jordan, Carter Burdette, Kathleen Hicks, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Donavan Wheatfall was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Randy Chunn, Solid Rock Baptist Church of Fort Worth. Pledge The Pledge of Allegiance was recited. (Council Member Wheatfall assumed his chair at the dais.) Minutes On motion of Mayor Pro tempore Silcox, seconded by Council Member Davis, the minutes of the regular meeting of July 19, 2005, were approved unanimously nine (9) ayes to (0) nays. Mayor Moncrief stated that the Sister Cities International presentation would be heard at this time. Special Ms. Nancy Marchant, Board of Directors for Fort Worth Sister Cities Presentations International and ILA Coordinator, introduced the student delegations participating in the International Leadership Academy Program. Delegation representatives from Reggio Emilia, Italy; Trier, Germany; Nagaoka, Japan; Toluca, Mexico; and Mbabane, Swaziland made brief remarks and presented gifts to the City which were accepted by the Mayor and various Council Members on behalf of the City. The Fort Worth delegate invited the Council to the academy's closing ceremony on July 30, 2005 at 10:00 a.m. at the Texas Christian University Ed Landreth Auditorium. Approval of City On motion of Mayor Pro tempore Silcox, seconded by Council Council Retreat Member Davis, the City Council Retreat minutes of June 30 and Minutes July 1, 2005, were approved unanimously nine (9) ayes to (0) nays. Special Mayor Pro tempore Silcox presented a Proclamation for National Presentations Night Out to Executive Deputy Police Chief Pat Kneblick. Mayor Pro tempore Silcox encouraged everyone to get out and meet their CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 2 of 14 neighbors on August 2, 2005. He stated that one of the most important forces the City had was its Police Department; however, the Citizens On Patrol program was also to be commended for volunteering their time to patrol their neighborhoods on a nightly basis to make Fort Worth a safer City. Deputy Chief Kneblick expressed appreciation for the proclamation and stated that this year was McGruff's 25th birthday. She stated that there would be a 7-foot tall cake for McGruff on Thursday, July 28, 2005, in the downtown area. She also introduced a new mascot "Knight" for National Night Out. She invited the citizens to attend the Fort Worth Cats game on July 27, 2005, to help kick-off the National Night Out events. She further stated that over 102 neighborhood groups had signed up to participate in the program and invited everyone to support activities throughout the City. Mayor Moncrief informed the viewing and listening audience that the City Council had moved their Tuesday night meeting to Thursday night to allow them to join in these activities. Mr. Andy McFarland, Parks and Community Services Northeast Region District Superintendent, presented Ms. Judy McAllister with the Dorothy Mullin Humanitarian Award for "Follow the Dream" Art Program. Mr. McFarland noted Ms. McAllister's interest and promotion of arts for the disabled and that she received this award as City of Fort Worth was recognized as the first City with this type of program. Announcements Mayor Pro tempore Silcox reminded everyone that the U.S. Army Corps of Engineers would conduct a public input hearing today and on July 27, 2005 at the YWCA, 512 W. 4th Street. He added there would be an open house from 4:00 p.m. to 7:00 p.m. followed by a public forum from 7:00 p.m. to 8:00 p.m. He further stated that informational kiosks would be staffed both evenings to answer any questions about the Central City and Trinity Uptown Project and that the Environmental Impact Statement could be download from www.swf.USACE.Army.mil. He encouraged everyone interested to attend one of these meetings and provide their input. Council Member Espino expressed condolences to the family of Mary Lou Menchaca Lopez who recently passed. He stated that she was very active with the Wesley Community Center and a presence in the Northside and Diamond Hill areas. He requested that the Council meeting be adjourned in her honor. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 3 of 14 Mayor Moncrief acknowledged Alex and Blade Herrera, Boy Scouts from Troop #114, North Richland Hills, who were attending the Council meeting working towards their Citizenship in the Community Badge. Mayor Moncrief also introduced new Council interns, Matthew Sapp, attending Tarleton University, and Will Wilemon, attending Texas Christian University. Withdrawn from There were no items removed from the consent agenda. Consent Agenda Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. G-14877 be withdrawn. Staff Consent Agenda On motion of Mayor Pro tempore Silcox, seconded by Council Member Wheatfall, the consent agenda was adopted unanimously nine (9) ayes to (0) nays. Presentations by There were no changes presented by the City Council in City Council memberships in the City's boards and commissions. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1500 There was presented Mayor and Council Communication No. OCS- Claims 1500 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. Ord. #16523-07- There was presented Ordinance No. 16523-07-2005 providing for 2005 the issuance of $15,100,000.00 City of Fort Worth, Texas Issue Combination Tax and Revenue Certificates of Obligation, Series Combination Tax 2005A providing for the levy, assessment and collection of a tax and Revenue sufficient to pay the interest on said certificates of obligation and Certificates of to create a sinking fund for the redemption thereof at maturity; Obligation, pledging certain revenues in support of said certificates; Series 2005A prescribing the form of said certificates of obligation; and ordaining other matters relating to the subject. Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox, that the ordinance be adopted. The motion carried unanimously nine (9) ayes to (0) nays. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 4 of 14 G-14872 There was presented Mayor and Council Communication No. G- Res. #3239-07- 14872 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3239-07-2005 to hire Whitaker, Chalk, Swindle Hire Whitaker, & Sawyer L.L.P., to aid the City in land acquisitions including pre- Chalk, Swindle & condemnation work for the relocation of FM 156; and authorize the Sawyer, L.L.P., maximum amount paid to Whitaker, Chalk, Swindle & Sawyer for Relocation of L.L.P., to be $15,000.00. It was the consensus of the City Council FM 156 that the recommendation be adopted. G-14873 There was presented Mayor and Council Communication No. G- Authorize 14873 from the City Manager recommending that the City Council Temporary authorize the temporary closure of the old section of Greenbelt Closure of Old Road at the Trinity Railway Express crossing beginning August 1, Greenbelt Road 2005. It was the consensus of the City Council that the recommendation be adopted. G-14874 There was presented Mayor and Council Communication No. G- Negotiate or 14874 from the City Manager recommending that the City Council Condemn declare the necessity of taking an interest in a portion of land in Permanent the W.M. Robinson Survey, Abstract No. 1310, James M. Millsaps Water Line Survey, Abstract No. 1060, and the B.B.B. & C.R.R. Survey, Easement and Abstract No. 221, owned by Marianne Brants and HARLU LIMITED Temporary PARTNERSHIP; authorize James Daniels & Associates, Inc., to Construction negotiate an agreement to acquire the necessary interest in the Easement by land; and authorize the City Attorney to institute condemnation Marianne Brants proceedings to acquire the interest in the land if the negotiations and HARLU fail to reach an agreement. It was the consensus of the City LIMITED Council that the recommendation be adopted. PARTNERSHIP G-14875 There was presented Mayor and Council Communication No. G- Ord. #16524-07- 14875 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16524-07-2005 denying the rate adjustments Deny Interim proposed by Atmos Energy Corp., Mid-Tex Division, as reflected in Rate the "Annual Gas Reliability Infrastructure Rate Adjustment" filed Adjustments by by Atmos Energy Corp., Mid-Tex Division on December 17, 2004; Atmos Energy authorizing the participation in the Atmos Cities Steering Corp., Mid-Tex Committee and the hiring of consultants and attorneys by such Division committee in responding to any litigation or appeal to the Texas Railroad Commission; approving costs incurred by the committee thus far as reasonable and directing that Atmos Energy Corp., Mid- Tex Division reimburse the City for all past and future reasonable expenses; adopting declarations and finding in the preamble; and directing that certified copies of this ordinance be delivered to CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 5 of 14 Atmos Energy Corp., Mid-Tex Division following its adoption. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to (0) nays. G-14876 There was presented Mayor and Council Communication No. G- Ord. #16525-07- 14876 from the City Manager recommending that the City Council 2005 accept donations, estimated to total $12,200.00 for the Housing Accept Industry Summit on June 9, 2005; and adopt Appropriation Donations for Ordinance No. 16525-07-2005 increasing estimated receipts and Housing Summit appropriations in the Special Trust Fund in an amount up to Contributions $12,000.00 as donations are received, for the purpose of funding the 2005 Housing Industry Summit. Council Member Davis made a motion, seconded by Mayor Pro tempore Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously nine (9) ayes to (0) nays. G-14877 It was the consensus of the City Council that Mayor and Council Withdrawn As Communication No. G-14877, Tree Removal Permit Application Requested by Appeal for Property Located in the 8000 Block of Brentwood Stair Applicant Road and E Square, Known as the Drew Hill Tract, be withdrawn as requested by the applicant. P-10195 There was presented Mayor and Council Communication No. P- Boarding and 10195 from the City Manager recommending that the City Council Securing of authorize a purchase agreement for boarding and securing of Structures structures with New Era Contract Services for the Code Compliance Department based on best value with payment due 30 days from date of invoice; authorize this agreement to begin July 26, 2005 and expire July 25, 2006, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". It was the consensus of the City Council that the recommendation be adopted. P-10196 There was presented Mayor and Council Communication No. P- High Water 10196 from the City Manager recommending that the City Council Detection and authorize a sole source purchase agreement with High Sierra Early Flood Electronics, Inc., for High Water Detection and Early Flood Warning Warning System Systems for the Transportation/Public Works Department with payment due 30 days after receipt of the invoice; and authorize this agreement to begin July 26, 2005, and expire July 25, 2006, with CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 6 of 14 options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-14121 There was presented Mayor and Council Communication No. L- Direct Sale of 14121 from the City Manager recommending that the City Council Tax-Foreclosed authorize the sale of tax foreclosed property located in east Fort Property Worth on Berry Street, east of Bishop Street, to the National Located in East Cowboy of Color Museum and Hall of Fame in accordance with Fort Worth Section 34.05 of the Texas State Property Tax Code (DOE 920), for a total amount of $5,753.35; and authorize the City Manager to execute and record the appropriate documents conveying the property to complete the sale. It was the consensus of the City Council that the recommendation be adopted. L-14122 There was presented Mayor and Council Communication No. L- Permanent 14122 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement described as Lot 18, Block 15, Overton West Addition, Tarrant County, Texas, from Jackie L. Pierce located in southwest Fort Worth for Sanitary Sewer Rehab Project LVIII (58) (DOE 4283), at a cost of $24,000.00. It was the consensus of the City Council that the recommendation be adopted. L-14123 There was presented Mayor and Council Communication No. L- Purchase of 14123 from the City Manager recommending that the City Council Property located approve the purchase of the property located at 8504 Marks Lane, at 8504 Marks Lakeland Addition, Tarrant County, Texas for a cost of $65,000.00 Lane plus $3,000.00 closing costs; and authorize the City Manager to execute the appropriate closing documents to complete the purchase. It was the consensus of the City Council that the recommendation be adopted. C-20865 There was presented Mayor and Council Communication No. C- TLC Green 20865 from the City Manager recommending that the City Council Property authorize the City Manager to enter into a consent agreement with Associates 1, TLC Green Property Associates 1, L.P., for the use of the right-of- L.P. way at 540 Throckmorton Street for installation of a sign and awning. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 7 of 14 C-20866 There was presented Mayor and Council Communication No. C- Ord. #16526-07- 20866 from the City Manager recommending that the City Council 2005 authorize the transfer of $51,000.00 from escrow funds to revenue Ord. #16527-07- in the Municipal Airports Fund; adopt Appropriation Ordinance No. 2005 16526-07-2005 increasing estimated receipts and appropriations in Amendment #2 the Municipal Airports Fund in the amount of $51,000.00 from with William E. available funds for the purpose of funding a transfer of funds to the Payne and Aviation Improvements Capital Projects Fund for Amendment No. 2 Associates, Inc. to the Design-Build Contract with William E. Payne and Associates, Inc., for the Air Traffic Control Tower at Fort Worth Spinks Airport; authorize the transfer of $51,000.00 from the Municipal Airports Fund to the Aviation Improvements Capital Projects Fund; adopt Appropriation Ordinance No. 16527-07-2005 increasing estimated receipts and appropriations in the Aviation Improvements Capital Projects Fund in the amount of $77,731.32 from available funds for the purpose of funding Amendment No. 2 to the Design-Build Contract (M&C C-20168) with William E. Payne and Associates, Inc., for the Air Traffic Control Tower at Fort Worth Spinks Airport; and authorize Amendment No. 2 to increase the Design-Build Contract with William E. Payne and Associates, Incorporated to construct the Air Traffic Control Tower at Fort Worth Spinks Airport from $1,119,250.00 to $1,395,940.32, an increase of $276,690.32. It was the consensus of the City Council that the recommendation be adopted. C-20867 There was presented Mayor and Council Communication No. C- Johnson 20867 from the City Manager recommending that the City Council Controls, Inc. authorize the City Manager to execute a contract with Johnson Controls, Inc., to conduct a detailed energy audit and engineering evaluation of the Will Rogers Memorial Center, Convention Center, Police Administration Building, and Central Library for Energy Savings Equipment Retrofit for a fee of $100,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20868 There was presented Mayor and Council Communication No. C- Ord. #16528-07- 20868 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16528-07-2005 finding that conditions have Texas materially changed in the City's required participation in the bridge Department of replacement project at Precinct Line-Walkers Branch so that a Transportation portion of the funding for this project, as originally proposed in the 2004 Capital Improvement Program is unnecessary (Bond Allocation: $1,650,000.00); authorizing the transfer of $775,000.00 available from the Precinct Line-Walkers Branch Bridge project to CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 8 of 14 the South Pipeline Road Bridge project in the amount of $125,000.00, and the Chapin Road Bridge project in the amount of $650,000.00; authorize the City Manager to utilize funds in the amount of $775,000.00 available from the Precinct Line-Walkers Branch Bridge project for the reconstruction of a) the South Pipeline Road Bridge project in the amount of $125,000.00, b) the Chapin Road Bridge project in the amount of $650,000.00; and authorize the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation for the construction of a new bridge to replace the Precinct Line Road Bridge over Walkers Branch for an estimated City participation of $1,384,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20869 There was presented Mayor and Council Communication No. C- McClendon 20869 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with McClendon Company, Inc. Construction Company, Inc., in the amount of $185,820.00 and 90 calendar days for 2004 CIP Intersection Improvements Contract I. It was the consensus of the City Council that the recommendation be adopted. C-20870 There was presented Mayor and Council Communication No. C- Ord. #16529-07- 20870 from the City Manager recommending that the City Council 2005 authorize the transfer of $137,708.00 from the Water and Sewer CLR Operating Fund to the Water Capital Project Fund in the amount of Engineering, Inc. $75,080.00 and the Sewer Capital Project Fund in the amount of $62,628.00; adopt Appropriation Ordinance No. 16529-07-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $75,080.00 and the Sewer Capital Project Fund in the amount of $62,628.00 from available funds for the purpose of funding an engineering agreement with CLR Engineering, Inc., for Water and Sanitary Sewer Replacement Contract 2004 STM-1 (City Project No. 00194); and authorize the City Manager to execute an engineering agreement with CLR Engineering, Inc., in the amount of $124,228.00 for Water and Sanitary Sewer Replacement Contract 2004 STM-1. It was the consensus of the City Council that the recommendation be adopted. C-20871 There was presented Mayor and Council Communication No. C- Ord. #16530-07- 20871 from the City Manager recommending that the City Council 2005 - authorize the transfer of $147,334.00 from the Water and Sewer ANA Consultants, Operating Fund to the Water Capital Project Fund in the amount of L.L.C. $106,518.00 and the Sewer Capital Project Fund in the amount of CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 9 of 14 $40,816.00; adopt Appropriation Ordinance No. 16530-07-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $106,518.00 and the Sewer Capital Project Fund in the amount of $40,816.00 from available funds for the purpose of funding an engineering agreement with ANA Consultants, L.L.C., for Water and Sanitary Sewer Replacement Contract 2004 WSM-K; and authorize the City Management to execute an engineering agreement with ANA Consultants, L.L.C., in the amount of $130,647.00 for Water and Sanitary Sewer Replacement Contract 2004 WSM-K. It was the consensus of the City Council that the recommendation be adopted. C-20872 There was presented Mayor and Council Communication No. C- William J. 20872 from the City Manager recommending that the City Council Schultz, Inc., authorize the City Manager to execute a contract with William J. d/b/a Circle "C" Schultz, Inc., d/b/a Circle "C" Construction Company, in the Construction amount of $1,781,944.00 for Water and Sewer Main Replacements Company Contract 2005A (MWSR2005A). It was the consensus of the City Council that the recommendation be adopted. C-20873 There was presented Mayor and Council Communication No. C- Ord. #16531-07- 20873 from the City Manager recommending that the City Council 2005 authorize the City Manager to execute an amendment to City Amendment to Secretary Contract Number 30565 with the Texas Commission on CSC #30565 with Environmental Quality to operate three continuous air monitoring Texas stations for the period September 1, 2005 through August 31, 2006; Commission on and adopt Appropriation Ordinance No. 16531-07-2005 increasing Environmental estimated receipts and appropriations in the Grants Fund in the Quality amount of $60,000.00 in fiscal year 2005-2006, subject to execution of the amended contract (City Secretary Contract No. 30565) with the Texas Commission on Environmental Quality for the purpose of operating three continuous air monitoring stations. It was the consensus of the City Council that the recommendation be adopted. C-20874 There was presented Mayor and Council Communication No. C- Ord. #16532-07- 20874 from the City Manager recommending that the City Council 2005 authorize the City Manager to execute a contract with the Texas Texas Commission on Environmental Quality in the amount of Commission on $549,100.00 ($274,550.00 per year) for air pollution control services. Environmental The contract term is for the two year period September 1, 2005 Quality through August 31, 2007; authorize a non-interest bearing inter- fund loan from the Environmental Operating Fund to the Grants CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 10 of 14 Fund in the amount of $68,638.00 for interim financing for this grant pending contract execution; authorize the use of $270,452.00 ($135,226.00 per year) from the General Fund as an in-kind match for this contract; adopt Appropriation Ordinance No. 16532-07-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $819,552.00 subject to execution of a contract with the Texas Commission of Environmental Quality for the purpose of funding the Air Pollution Control Program; and apply indirect costs applying the most recently approved rate of 19.29 percent for the Environmental Management Department, not to exceed $46,579.00 per year, which is included in the annual grant amount of $274,550.00. It was the consensus of the City Council that the recommendation be adopted. C-20875 There was presented Mayor and Council Communication No. C- Ord. #16533-07- 20875 from the City Manager recommending that the City Council 2005 authorize the City Manager to execute an agreement with the Texas Texas Commission on Environmental Quality for air pollution control Commission on services by the City with a maximum amount of $206,934 for a two- Environmental year term of September 1, 2005 through August 31, 2007; authorize Quality a non-interest bearing inter-fund loan from the Environmental Management Operation Fund to the Grants Fund in the amount of $25,867.00 for interim financing for this grant pending contract execution; authorize the use of $101,922.00 per year from the General Fund as an in-kind match for this contract; adopt Appropriation Ordinance No. 16533-7-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $308,856.00, subject to receipt of the executed contact from the Texas Commission on Environmental Quality, for the purpose of funding air pollution control services from September 1, 2005 through August 31, 2007; and apply indirect costs at the most recently approved rate of 19.29 percent for the Environmental Management Department. It was the consensus of the City Council that the recommendation be adopted. C-20876 There was presented Mayor and Council Communication No. C- Walsh Ranches 20876 from the City Manager recommending that the City Council Limited authorize the City Manager to execute an amendment to the Partnership Economic Development Agreement between the City of Fort Worth and Walsh Ranches Limited Partnership, the Walsh Children's Trust, the Walsh Grandchildren's Trusts and F. Howard Walsh, Jr., for the Walsh Ranch to extend deadlines for construction of certain water and wastewater facilities. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 11 of 14 C-20877 There was presented Mayor and Council Communication No. C- Ord. #16534-07- 20877 from the City Manager recommending that the City Council 2005 authorize the transfer from the Water and Sewer Operating Fund to Westhill the Water Capital Project Fund in the amount of $400,000.00; adopt Construction, Appropriation Ordinance No. 16534-07-2005 increasing the Inc. estimated receipts and appropriations in the Water Capital Project Fund in the amount of $400,000.00 from available funds for the purpose of funding the renewal of a contract with Westhill Construction, Inc., for Utility Cut Repair Contract 2005; and authorize the City Manager to execute the renewal of a contract with Westhill Construction, Inc., in the amount of $400,000.00 and 365 calendar days for Utility Cut Repair Contract 2005 revising the total contract to $800,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20878 There was presented Mayor and Council Communication No. C- Motorola 20878 from the City Manager recommending that the City Council Communications authorize the City Manager to execute a sole source contract with Systems Motorola Communications Systems for a mobile emergency communications facility as a part of the Western Communications Tower Project and for the system-wide trunked radio network for the Information Technology Solutions Department at a cost not to exceed $525,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20879 There was presented Mayor and Council Communication No. C- S.J. Louis 20879 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute a contract with S.J. Louis Texas Ltd., Construction of Texas Ltd., L.L.P., in the amount of $5,409,327.60 L.L.P. for Walsh Ranch Sewer Main Extension, Phases 1A, 1B and 1D. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to (0) nays. Citizen Mr. Wayne Peplinski, 4113 Canyon Trail, appeared before Council Presentations in regards to the downtown bat population benefits and current Wayne Peplinski status of their population in the City. He advised the Council of the alarming decline in the bat population in the City steming from the destruction of their nesting places. He outlined the benefits of the bat population as being the control of nighttime insects and mosquitos. He requested that the Council develop a program somewhat to that of Texas Department of Transportation's Bats and Bridges program. He presented a bat house to the City and stated that several other Texas cities, such as San Antonio, St. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 12 of 14 Angelo, and Austin, had "bat friendly" programs and asked that the City develop a similar program to protect the bat population in Fort Worth. The following individuals appeared before Council in response to the proposed budget cut for the Botanical Garden's Educational Department. They expressed concern that cutting the budget by two-thirds would seriously impact the ability of the Educational Department to continue providing services to schools and the community. They submitted to the Council that the Educational Department was a source of revenue for the City relative to the many tours of the gardens they schedule each year, and by reducing the staff would seriously affect the department's ability to meet the needs of the public. They requested this funding not be reduced. Henrietta Bailey Ms. Henrietta Bailey 6001 Jacqueline Road Diann Stadler Ms. Diann Stadler 3220 Botanic Garden Marion Badey Ms. Marion Badey 3801 Trailwood Lane Drake Benthall Mr. Drake Benthall 4020 W. 7t" Street Rose Mercado Rose Marie Mercado 3220 Botanic Garden City Manager Boswell explained the budget process to these individuals. He stated that each City department was tasked to identify a four percent reduction in services and that the Parks and Community Services Department had identified the Botanic Gardens as a potential reduction. He added that the City Manager's Office reviewed all budget submissions and that there would be various budget study sessions conducted in August with the Council. He further stated that it was his inclination to include funding for the Botanic Garden as part of the City Manager's submission. Mr. Boswell stated that the City was experiencing a $3 million shortfall and had implemented a hiring freeze through September 2005, to lessen the amount. He added that Tarrant Appraisal District's certified tax roll estimates appeared to be coming in at a higher level than the City staff's estimate. Council Member Davis requested that staff report back to the Council with a revenue balance resulting from the subject classes and tours held at Botanic Garden. Richard Vickers Mr. Richard Vickers, 410 West 7t" Street #306, appeared before Council relative to Informal Report No. 8700, Recommended Award of Community Solutions Management Information System for the CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 26, 2005 PAGE 13 of 14 Public Health Department and M&C G-14850 scheduled for the next Council meeting. He spoke about the technology, what areas the system needed to address, the use of a key card system with health information, and his favorable support of this award. Mayor Moncrief reminded everyone that the workshop on the Ambulance Authority would start immediately following the City Council meeting. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:21 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 concerning the employment of legal immigrants; b) Legal issues concerning the City's former tax collection contract with Perdue, Brackett, Flores, Utt & Burns, Joint Venture; c) Legal issues concerning the request for proposals for a beverage services partnership agreement; d) City of Fort Worth v. North Western Excavation of Texas, et al., Cause No. 352-210405-05; e) 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 CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 26, 2005 PAGE 14 of 14 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. Adjournment There being no further business, the meeting was adjourned at 12:46 p.m. These minutes approved by the Fort Worth City Council on the 4th day of August, 2005. Attest: Approved: Marty Hen rix Michael J. oncrie City Secretary Mayor