HomeMy WebLinkAbout2010/01/26-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
Present
Mayor Mike Moncrief
Mayor Pro tern 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
I.CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 10:34 a.m. on Tuesday, January 26, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II. INVOCATION - Dr. Jim Conner, Genesis United Methodist Church
Mayor Moncrief requested prayers and support of the audience for the Haiti earthquake victims and
their families in light of the total devastation that they faced as they attempted to rebuild. He also
requested prayers and support for the family of Mr. Bobby Bragan, a long time Fort Worth resident, a
life long "baseball man" and the voice of the Fort Worth Cats Baseball team, and a dear friend and
mentor of the Mayor, who passed away on January 21, 2010, at the age of 92. He asked that the
Council meeting be adjourned in memory of the Haiti victims and Mr. Bragan.
The invocation was provided by Dr. Jim Conner, Genesis United Methodist Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26,2010
PAGE 2 of 26
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF JANUARY 12, 2010
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that the minutes of the regular meeting of January 12, 2010, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
Council Member Burns expressed appreciation to City staff and neighbors in the historic Fairmount
Neighborhood for their hard work and support of Mayor and Council Communication No. L-14917, a
pilot project for a community garden. He added that he looked forward to similar projects throughout
the City.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Fisseler requested that Mayor and Council Communication No. C-24029 be withdrawn
from the Consent Agenda.
VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication Nos. G-16752 be continued
until the February 23, 2010, Council meeting and G-16808 and C-24029 until the February 2, 2010,
Council meeting. He also advised that Mayor and Council Communication No. G-16819, regarding a
street car grant application, would be considered prior to Resolution No. 1, Adopting the City of Fort
Worth's 2010 Federal Legislative Program.
Council Member Espino advised that although Mayor and Council Communication No. G-16752
would be continued to the February 23, 2010 Council Meeting, citizen comments would still be heard
on the item.
VII.CONSENT AGENDA
Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9)
ayes to zero (0) nays.
A.General- Consent Items
1.M&C G-16813 - Authorizing Payment for an Amount Up to $60,000.00 for the City of Fort
Worth's Assessed Pro Rata Allocation of the Denton County Appraisal District's 2010 Budget
for the Months of January through December 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 3 of 26
(VII. CONSENT AGENDA Continued)
2.M&C G-16814 - Considering and Adopting the Following Findings of the Ground
Transportation Coordinator: the Public Necessity and Convenience Require the Operation of
Thirteen (13) Limousines Upon the City Streets, Alleys and Thoroughfares; G&G Executive
Transportation, Inc., is Qualified and Financially Able to Conduct a Limousine Service within
the City; G&G Executive Transportation, Inc., has Complied with the Requirements of Chapter
34 of the City Code; G&G Executive Transportation, Inc., Presented Facts in Support of
Compelling Demand and Necessity for Thirteen (13) Limousines; the General Welfare of the
Citizens of the City will Best be Served by the Addition of Thirteen (13) Limousines Upon City
Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18997-01-2010 Granting the
Privilege of Operating Authority to G & G Executive Transportation, Inc., for the Use of the
Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business,
which Shall Consist of the Operation of Thirteen (13) Limousines, for a Three (3) Year Period
Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing
for Written Acceptance by G & G Executive Transportation, Inc.; and Conditioned Upon G& G
Executive Transportation, Inc., Complying with All Requirements of Chapter 34, Article VI of
the Code of the City of Fort Worth (1986), as Amended.
3.M&C G-16815 - Considering and Adopting the Following Findings for the Vehicle for Hire
Review Board: Classic Shuttle Acquisition Corporation, d/b/a Go Yellow Checker Shuttle, has
Performed Satisfactorily Under the Terms of its Operating Authority; the Service Provided
Continues to Meet the Public Necessity and Convenience as Defined by Chapter 34 of the City
Code; the General Welfare of the Citizens of the City will Best be Served by the Continued
Operation of Seventy-Five (75) Shuttles by Classic Shuttle Acquisition Corporation, d/b/a Go
Yellow Checker Shuttle; and Adopting Ordinance No. 18998-01-2010 Granting the Privilege of
Operating Authority to Classic Shuttle Acquisition Corporation, d/b/a Go Yellow Checker
Shuttle, for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of
its Shuttle Business, which Shall Consist of the Operation of Seventy-Five (75) Shuttles for a
Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of
the Grant; Providing for Written Acceptance by Classic Shuttle Acquisition Corporation, d/b/a
Go Yellow Checker Shuttle; and Conditioned Upon Classic Shuttle Acquisition Corporation,
d/b/a Go Yellow Checker Shuttle Complying with All Requirements of Chapter 34, Article VI of
the Code of the City of Fort Worth (1986), as Amended.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 4 of 26
(VII. CONSENT AGENDA Continued)
4.M&C G-16816 - Considering and Adopting the Following Findings for the Vehicle for Hire
Review Board: Super Shuttle DFW, Inc., has Performed Satisfactorily Under the Terms of its
Operating Authority; the Service Provided Continues to Meet the Public Necessity and
Convenience as Defined by Chapter 34 of the City Code; the General Welfare of the Citizens of
the City will Best be Served by the Continued Operation of One Hundred (100) Shuttles by
Super Shuttle DFW, Inc.; and Adopting Ordinance No. 18999-01-2010 Granting the Privilege of
Operating Authority to Super Shuttle DFW, Inc., for the Use of the Streets, Alleys and Public
Thoroughfares of the City in the Conduct of its Shuttle Business, which Shall Consist of the
Operation of One Hundred (100) Shuttles for a Three (3) Year Period Beginning on the Effective
Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by
Super Shuttle DFW, Inc.; and Conditioned Upon Super Shuttle DFW, Inc., Complying with All
Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
Amended.
5.M&C G-16817 - Approving a Six (6) Month Extension of Injury Leave-of-Absence Pay
Benefits in the Amount of$33,571.20 for Police Officer Lisa Ramsey Beginning January 3, 2010,
through July 2, 2010.
6.M&C G-16818 - Adopting Appropriation Ordinance No. 19000-01-2010 Increasing the
Estimated Receipts and Appropriations in the Special Trust Fund (Municipal Court Building
Security Project) in the Amount of$322,512.00, from Available Funds, to Reimburse the General
Fund for FY 2008-09 Building Security Costs.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-11083 - Authorizing a Purchase Agreement for Rubber Removal and Painting of
Runways and Taxiways with Hydro Blasting, Inc., for an Annual Amount Up to $33,000.00.
2.M&C P-11084 - Authorizing a Purchase Agreement with International Business Machines
Corporation for Mainframe Software Licenses and Services Using State of Texas Department of
Information Resources Contract Number DIR-SDD-633 for the Information Technology
Solutions Department for an Amount Up to $200,000.00.
3.M&C P-11085 - Authorizing a Purchase Agreement with Dell Marketing, L.P., for Standard
Software Packages Using the State of Texas Department of Information Resources Contract No.
DIR-SDD-1014 for the Information Technology Solutions Department for an Amount Up to
$288,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 5 of 26
(VII. CONSENT AGENDA Continued)
4.M&C P-11086 - Authorizing a Purchase Agreement with SHI Government Solutions, Inc., for
Standard Software Packages and Related Services, Using the State of Texas Department of
Information Resources Contract Number DIR-SDD-1009 for the Information Technology
Solutions Department for an Amount Up to $245,000.00.
C.Land - Consent Items
1.M&C L-14914 - Authorizing the City Manager to Execute a Lease Agreement with Texas
Land and Investment, Ltd., a Texas Limited Partnership, for Approximately 5,208 Square Feet
of Office Space Located at 1000 Magnolia Avenue, Suites C and D, for the Police Department,
for a Cost of $7,812.00 Per Month; and Authorizing the Lease Agreement to Begin
January 1, 2010, and Expire April 30, 2010.
2.M&C L-14915 - Authorizing the Direct Sale of a Tax Foreclosed Property at 4611 Miller
Avenue, Described as Lot 2, Block 5, Homewood Addition, Fort Worth, Texas, to Minh L. Bui in
Accordance with Section 34.05 of the Texas Tax Code for a Sales Price of $26,280.89; 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-14916 - Authorizing the Direct Sale of a Tax Foreclosed Property Located at 4705
Miller Avenue, Described as Lot 3, Block 4, Homewood Addition, Fort Worth, Texas, to Glass
Wall Real Estate, L.P., in Accordance with Section 34.05 of the Texas Tax Code for a Sales Price
of $7,913.55; 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-14917 - Authorizing the Lease of 1504 Fifth Avenue, Described as Block 5, Lot 2 and
1510 Fifth Avenue, Described as Block 5, Lot 3, both located in Lloyds Addition, to Fairmount
Neighborhood Association for Use as a Community Garden for Rent of$1.00 Per Year.
5.M&C L-14918 - Authorizing the Conveyance of One (1) Fifteen (15) Foot Wide Electric
Utility Distribution and Right-of-Way Easement on City Airport Property Located at Meacham
International Airport, Pad Site B, to Oncor Electric Delivery Company, LLC; and Authorizing
the City Manager, or His Designee, to Execute and Record the Appropriate Instruments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 6 of 26
(VII. CONSENT AGENDA Continued)
6.M&C L-14919 - Authorizing the Acquisition of 0.022 Acre of Land for a Sanitary Sewer
Easement and 0.207 Acre for a Temporary Construction Easement from Linden Dillin, M.D.,
Located at 900 Twelfth Avenue, Described as a Portion of Lot 2-R, Block 2, Medical Centre
Addition, Tarrant County, Texas, in South Fort Worth in the Amount of$33,678.00 and Pay the
Estimated Closing Costs of $1,000.00; Finding that the Appraised Value is Just Compensation;
and Authorizing the Acceptance and Recording of Appropriate Instruments.
D.Planning& Zoning- Consent Items
1.M&C PZ-2866 - Adopting Ordinance No. 19001-01-2010 Vacating and Extinguishing a
Fifteen (15) Foot Wide Alley Right-of-Way, Situated in Lots 1, 2 and 7, Block 3, Southside
Addition, Located at Malta Street and Flint Street, an Addition to the City of Fort Worth,
Tarrant County, Texas; and Containing Approximately 0.029 Acre of Land More or Less;
Providing for Reversion of Fee in Said Land; Providing that the City Shall Retain All Existing
Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in
Accordance with City Policy (M&C G-15624).
E.Award of Contract- Consent Items
1.M&C C-24028 - Authorizing the City Manager to Execute an Interlocal Agreement for
Regional Interoperable Communications with the North Central Texas Council of Governments
to Allow the City of Fort Worth to Participate in a Regional P25 Trunked Overlay Radio System
at No Cost to the City and Receive Four (4) Base Station Repeaters Funded by a Public Safety
Interoperable Communications Grant.
3.M&C C-24030 - Authorizing the City Manager to Execute a Contract in the Amount of
$641,100.00 with Estrada Concrete Company, L.L.C., for 150 Calendar Days for Concrete
Restoration 2009-14 at Twenty-One (21) Locations.
4.M&C C-24031 - Authorizing the Transfer of $300,000.00 from the Old Contract Street
Maintenance Fund to the New Contract Street Maintenance Fund; Adopt Appropriation
Ordinance No. 19002-01-2010 Increasing the Estimated Receipts and Appropriations in the
Contract Street Maintenance Fund, from Available Funds, for the Purpose of Funding a Portion
of Hot Mix Asphaltic Concrete Surface Overlay 2009-20 at Various Locations; and Authorizing
the City Manager to Execute a Contract with Austin Bridge and Road, L.P., in the Amount of
$969,035.00 for 150 Calendar Days at Twenty-Four (24) Locations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 7 of 26
(VII. CONSENT AGENDA Continued)
5.M&C C-24032 - Adopting Appropriation Ordinance No. 19003-01-2010 Increasing the
Estimated Receipts and Appropriations in the Transportation and Public Works Gas Well
Revenues Fund in the Amount of$258,000.00, from Available Funds, for the Purpose of Funding
the Design of Hulen Street from McPherson Boulevard to West Cleburne Road (Project Number
01365); and Authorizing the City Manager to Execute an Engineering Services Agreement in the
Amount of$181,408.00 with Graham Associates, Inc.
6.M&C C-24033 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $48,553.00 to City Secretary Contract No. 38733, an Engineering Services Agreement with
Jacobs Engineering Group, Inc., for the Design of North Beach Street from Vista Meadows
Drive to Near Shiver Road for a Total Contract Cost of$300,371.00.
7.M&C C-24034 - Authorizing the City Manager to Execute a Banner Program Management
Agreement for Management of the City's Street Banner Program in the Downtown and Trinity
Bluff Areas.
8.M&C C-24035 - Authorizing the Execution of One (1) Storm Water Facility Maintenance
Agreement which Contains Three (3) Ponds with Everman Independent School District Located
in the Shelby County Land Survey, Abstract No. 1375, Situated East of Rendon Road and South
of Shelby Road, Located in South Fort Worth, at No Cost to the City.
9.M&C C-24036 - Authorizing the City Manager to Execute a Storm Water Facility
Maintenance Agreement with The Ranches East, L.P., for Property Located in the A. H.
Hawkins Survey, North of Haslet Roanoke Road and West of Ridgetop Road, at No Expense to
the City of Fort Worth.
10.M&C C-24037 - Authorizing the City Manager to Apply for, Accept and Execute if
Awarded, a Grant from the North Central Texas Council of Governments for the
Reimbursement of the Incremental Difference on the Purchase of Two (2) Heavy Duty Hybrid
Vehicles in the Amount of $50,000.00; Authorizing a Waiver of Indirect Costs; and Adopting
Appropriation Ordinance No. 19004-01-2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of$50,000.00 Upon Receipt of the Grant.
11.M&C C-24038 - Authorizing the City Manager to Execute a Contract with Midwest
Wrecking Company of Texas, Inc., for Asbestos Removal and Demolition of the Existing
Nashville Neighborhood Policing District No. 6 Building at 1100 Nashville Avenue in the Amount
of$34,085.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 8 of 26
(VII. CONSENT AGENDA Continued)
12.M&C C-24039 - Authorizing the City Manager to Execute Change Order No. 4 in the
Amount of $91,323.77 to City Secretary Contract No. 37445 with S. J. Louis Construction of
Texas, Ltd., for the Northside III Thirty-Six (36) Inch Water Transmission Main on Avondale
Haslet Road, Thereby Increasing the Contract Amount to $2,481,333.69.
13.M&C C-24040 - Authorizing the City Manager to Execute Amendment No. 3 in the Amount
of $154,990.00 to City Secretary Contract No. 27797, an Engineering Agreement with Camp,
Dresser and McKee, Inc., for the Design of the Trinity River Pipeline Crossing at the Village
Creek Wastewater Treatment Plant Located at the Northwestern Boundary of the Village Creek
Wastewater Treatment Plant at the Trinity River, Thereby Increasing the Contract Cost to
$879,432.00.
14.M&C C-24041 - Authorizing the City Manager to Execute Change Order No. 2 in the
Amount of $308,943.75 to City Secretary Contract No. 38247 with LP Sundance Construction,
Inc., for East Seventh Street Deep Tunnel Sanitary Sewer, Part 1, for Additional Pay Item
Quantities Thereby Increasing the Contract Amount to $2,647,115.25.
15.M&C C-24042 - Authorizing the City Manager to Execute a Renewal and Amendment to an
Agreement with SecureWorks, Inc., for Enterprise Security Monitoring, Intrusion Prevention,
Firewall Management, Vulnerability Scanning and Threat Intelligence Services for the Water
Department Network Infrastructure for an Amount Not to Exceed $109,759.55.
16.M&C C-24043 - Authorizing the Transfer of $527,399.00 from the Water and Sewer
Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No.
19005-01-2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital
Projects Fund in the Amount of $527,399.00, from Available Funds, for Sanitary Sewer
Rehabilitation Contract 55, Part 3 on Galveston Avenue, McCart Avenue and Three (3)
Alleyways; and Authorizing the City Manager to Execute a Contract in the Amount of
$496,570.00 with Conatser Construction TX, LP.
17.M&C C-24044 - Authorizing the Transfer of $400,232.50 from the Water and Sewer
Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No.
19006-01-2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital
Projects Fund, from Available Funds, for Sanitary Sewer Rehabilitation Contract 57 on
Littlepage Avenue and Three (3) Alleyways; and Authorizing the City Manager to Execute a
Contract in the Amount of$365,932.50 with Conatser Construction TX, LP.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 9 of 26
(VII. CONSENT AGENDA Continued)
18.M&C C-24045 - Authorizing the Transfer of $764,735.00 from the water and Sewer
Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No.
19007-01-2010 Increasing the Estimated Receipts and Appropriations in the Sewer Capital
Projects Fund, from Available Funds, for Sanitary Sewer Rehabilitation Contract 59, Part 1, on
Vickery Boulevard, Maddox Avenue, Mitchell Avenue and Tarrant Avenue; and Authorizing the
City Manager to Execute a Contract in the Amount of $705,735.00 with Conatser Construction
TX, LP.
19.M&C C-24046 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $570,000.00 to City Secretary Contract No. 37547, an Engineering Agreement with Alan
Plummer Associates, Inc., for the Village Creek Reclaimed Water Delivery System Design,
Thereby Increasing the Contract Cost to $2,375,486.00.
20.M&C C-24047 - Authorizing the Payment of the Annual Public Water System Fee in the
Amount of$641,155.80 to the Texas Commission on Environmental Quality.
21.M&C C-24048 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $80,000.00 to City Secretary Contract No. 38565 with Kimley-Horn and Associates, Inc., for
Water and Sanitary Sewer Main Relocations for the State Highway 121T, Crossing West of the
Hulen Street Bridge within the Union Pacific Railroad Davidson Rail Yard, Thereby Increasing
the Contract Amount to $665,365.00.
22.M&C C-24049 - Authorizing the City Manager to Accept Funds and Execute an Agreement
with Tarrant County for Fiscal Year 2010 in an Amount Up to $30,000.00 for the Operation of
Two (2) Community Action Partners Centers; Authorizing the City Manager to Execute a Lease
Agreement with Richard Hartman for the Far Northwest Community Action Partners Center in
an Amount Not to Exceed $10,534.68 Per Year; and Adopting Appropriation Ordinance No.
19008-01-2010 Increasing Estimated Receipts and Appropriations in the Grants Fund, Upon
Receipt of Funds from Tarrant County.
VIII.PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS
1.OCS - 1756 -Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 10 of 26
E.Award of Contract— (Removed from Consent for individual consideration)
2. It was the Consensus of the Council:that Mayor and Council Communication No. C-24029,
Authorize Change Order No. 1 in the Amount of 5151,600.00 to City Secretary Contract No.
37972 with Laughley Bridge and Construction, Inc., for Concrete Restoration 2008-1 at Various
Locations and Add McCart Avenue and Bryant Irvin Road to the Contract, be Continued Until
the February 2, 2010, Council meeting.
IX.SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
There were no special presentations, introductions, etc.
X.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1.Upcoming and Recent Events
Council Member Jordan announced that Ms. Monique Pegues, Director of Government Relations for
the Fort Worth Transportation Authority, passed away unexpectedly, and requested the Council
Meeting be adjourned in her memory.
Council Member Burdette announced that Dr. Shrawan Kumar, Professor and Co-Director of the
University of North Texas Health Science Center's Physician Medicine Institute, was appointed to the
Order of Canada by her Excellency the Right Honorable Michaelle Jean, Governor General of Canada.
He stated that Dr. Kumar was also the Director of Research for the Center's Physical Medicine
Institute, and he was honored for his contributions to the field of rehabilitation ergonomics in Canada
and elsewhere, including his research and teachings on the causation, prevention and treatment of
musculoskeletal injuries.
Mayor Pro tem Scarth announced that it was "Tough Enough to Wear Pink" night at the Fort Worth
Rodeo and Stock Show and encouraged everyone to attend the event and wear pink in support of the
Susan G. Komen Breast Cancer Foundation.
2.Recognition of Citizens
There were no citizens recognized at this time.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 11 of 26
XI.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membership on Boards and Commissions
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mr. J D Jimmerson be appointed to Place 2 on the Aviation Advisory Board effective
January 26, 2010, and with a term expiring October 1, 2010. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mr. Tom Malone be appointed to Place 4 on the Downtown Design Review Board
effective January 26, 2010, and with a term expiring October 1, 2010. 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. Robert Kelly be appointed to Place 11 (Alternate) on the City Plan Commission
effective January 26, 2010, and 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 Hicks, that the
following individuals be appointed/reappointed to the Fort Worth Commission for
Women, effective January 26, 2010, and with terms expiring October 1, 2010:
Ms. Zem Neill, Place 10
Ms. Christine Kalish, Place 11
Ms. Marcy Paul, Place 12
Ms. Elisa Najera, Place 14
Ms. Emelia Hoefle, Place 15
Ms. Beth Johnson, Place 18
Ms. Barbara Cager, Place 13
Ms. Laura Hilgart, Place 16
Ms. Cynthia Smith, Place 17
Ms. Judy Bell, Place 19
The motion carried nine(9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 12 of 26
XII.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XIII.RESOLUTIONS
Resolution No. 1 was passed over and considered later in the meeting after Mayor and Council
Communication No. G-16819 on page 16.
2.A Resolution Approving the Fort Worth Transportation Authority's Acquisition Through
Eminent Domain, if Necessary, of Three Residential Parcels of Land, Approximately 20,392
Square Feet at 3129, 3133 and 3137 Frazier at the Intersection of Frazier and Devitt for a Bus
Transfer Facility
Motion: Council Member Burns made a motion, seconded by Council Member Espino that
Resolution No. 3833-01-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
3.A Resolution Approving the Fort Worth Transportation Authority's Acquisition Through
Eminent Domain, if Necessary, of a Commercial Parcel of Land, Approximately 2.265 Acres of
Land with a Brick Commercial Improvement Totaling Approximately 30,491 Square Feet of
Rentable Area Located at 5251 Wonder Drive Near the Intersection of Granbury Road and
Wonder Drive for a Park and Ride Facility
Motion: Council Member Jordan made a motion, seconded by Council Member Burns that
Resolution No. 3834-01-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
4.A Resolution Adopting City Council Budget Priorities
Motion: Council Member Burdette made a motion, seconded by Council Member Burns that
Resolution No. 3835-01-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
City Manager Fisseler stated that Resolution Nos. 5-15 would be considered under one motion.
5.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors and
Acknowledging the Appointment of Four Members to the Board of Directors of Tax increment
Reinvestment Zone Number Two, City of Fort Worth, Texas (Speedway TIF)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 13 of 26
6.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors and
Acknowledging the Appointment of Four Members to the Board of Directors of Tax Increment
Reinvestment Zone Number Three, City of Fort Worth, Texas (Downtown TIF)
7.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors and
Acknowledging the Appointment of Five Members to the Board of Directors of Tax Increment
Reinvestment Zone Number Four, City of Fort Worth, Texas (Southside TIF)
8.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors and
Acknowledging the Appointment of Five Members to the Board of Directors of Tax Increment
Reinvestment Zone Number Six, City Fort Worth, Texas (Riverfront TIF)
9.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors and
Acknowledging the Appointment of Six Members to the Board of Directors of Tax Increment
Reinvestment Zone Number Seven, City of Fort Worth, Texas (North Tarrant Parkway TIF)
10.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors
and Acknowledging the Appointment of Five Members to the Board of Directors of Tax
Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster TIF)
11.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors
and Acknowledging the Appointment of Five Members of the Board of Directors of Tax
Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision
TIF)
12.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors
and Acknowledging the Appointment of Five Members to the Board of Directors of Tax
Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas (Lone Star TIF)
13.A Resolution Appointing the Chairperson and Certain Member of the Board of Directors and
Acknowledging the Appointment of Five Members to the Board of Directors of Tax Increment
Reinvestment Zone Number Eleven, City of Fort Worth, Texas (Southwest Parkway TIF)
14.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors
and Acknowledging the Appointment of Five Members to the Board of Directors of Tax
Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas (East Berry
Renaissance TIF)
15.A Resolution Appointing the Chairperson and Certain Members of the Board of Directors
and Acknowledging the Appointment of Five Members to the Board of Directors of Tax
Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas (Woodhaven TIF)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 14 of 26
(XIII. Resolutions Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Burns that
Resolution Nos. 3836-01-2010, 3837-01-2010, 3838-01-2010, 3839-01-2010, 3840-01-
2010, 3841-01-2010, 3842-01-2010, 3843-01-2010, 3844-01-2010, 3845-01-2010, and
3846-01-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
XIV.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16752 - Consider a Waiver Request by Quicksilver Resources for a Gas Well Permit
Less than 600 Feet from a Protected Use at the Alliance TCN Lease Located at 3897 Litsey Road
(Continued from December 8, 2009) (PUBLIC HEARING).
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
A staff report was not provided.
b.Citizen Presentations
Ms. Marsha Pyeatt, 15629 Wheel Horse Trail, appeared in opposition to Mayor and Council
Communication No. G-16752 and relative to increased homeowner insurance rates due to the close
proximity of a gas well drilling site to her home.
Mr. Rennie Patterson, 15729 Ringdove Court, appeared in opposition to Mayor and Council
Communication No. G-16752 and provided a handout to Mayor Moncrief and requested clarification
of the distance measurement requirements in Ordinance Nos. 16986-06-2006 and 18449-02-2009.
Assistant City Attorney Sarah Fullenwider clarified the distance measurement requirements and stated
that if the application was for a pad site permit, then the measurement would be from the pad site
boundary. She stated that if the application was for a single well permit, then the measurement would
be from the well bore to the closest protected use.
Mr. Patterson requested clarification if those requirements applied to existing pad sites where
additional wells were being added.
Assistant City Attorney Fullenwider clarified that if the applicant was drilling multiple wells, each
under a single well permit, then the measurement would be from the well bore to the closest protected
use.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 15 of 26
(G-16752 Continued)
Mr. Gary Hogan, representing the North Central Texas Community Alliance, 2117 Rolling Creek Run,
appeared in opposition to Mayor and Council Communication No. G-16752 and relative to air quality
and the environmental impacts of gas wells.
Council Member Espino stated Quicksilver Resources was working with the property owners in the
area to move the well site further away from the Chadwick Farms Neighborhood and other residential
properties and that the item would be continued to the February 23, 2010 Council meeting to allow for
negotiations.
c.Council Action
Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman,
that the public hearing be closed and Mayor and Council Communication No. G-16752
be continued until the February 23, 2010, Council meeting. The motion carried
unanimously nine(9) ayes to zero (0) nays.
2.M&C G-16804 - Conduct a Public Hearing on the Application of the Union Pacific Railroad
Company for Approval of a Municipal Setting Designation for the Centennial (Davidson) Rail
Yard Located at 1500 Rogers Road, a 66.57 Acre Tract More Fully Described as a Tract of Land
Situated in the City of Fort Worth, Tarrant County, Texas; Said Tract Being Located in the
W.D. Conner Survey, Abstract No. 228 and the T. White Survey, Abstract No. 1636 and as
Reference per Certification of Articles of Merger into Union Pacific Railroad Company as
Recorded in Volume 13215, Page 130 of the Official Public Records of Tarrant County, Texas
("Site"), to Allow the Public the Opportunity to Give Testimony; Adopt a Resolution in Support
of the Application of the Union Pacific Railroad to the Texas Commission on Environmental
Quality for a Municipal Setting Designation at 1500 Rogers Road, Fort Worth, Texas; and Adopt
an Ordinance Amending the Code of the City of Fort Worth (1986), as Amended, by the
Amendment of Chapter 12.5, "Environmental Protection and Compliance," Article IV
"Groundwater and Surface Water Quality," by Amending Appendix "A" "Municipal Setting
Designation Sites in Fort Worth," by the Addition of Section 18; Designating CFW-MSD-0018,
Providing for the Prohibition of the Use of Groundwater for Potable and Irrigation Purposes in
CFW-MSD-0018; Providing a Fine of Up to $2,000.00 for Each Offense in Violation of the
Ordinance (Continued from December 15, 2009).
Mr. John H. Horton, 704 Central Parkway East, Suite 1220, Plano, Texas, 75074, completed a speaker
card in support of Mayor and Council Communication No. G-16804 but did not wish to address the
Council.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
the public hearing be closed and Mayor and Council Communication No. G-16804 be
approved and Resolution No. 3847-01-2010 and Ordinance No. 19009-01-2010 be
adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 16 of 26
3. It was the Consensus of the Council that Mayor and Council Communication No. G-16808,
Adopt Appropriation Ordinance for Phase IV of the City's Energy Savings Performance
Contract with Johnson Controls, Inc., in the Amount of $9,248,307.00, be Continued Until the
February 2, 2010, Council Meeting.
4.M&C G-16819 - Authorize the City Manager to Apply for an Urban Circulator Program
Grant from the Federal Transit Administration for the Downtown Segment of a Modern
Streetcar System in the Amount of$25,000,000.00.
Mayor Pro Tern Scarth and Council Members Burdette and Jordan expressed opposition to Mayor and
Council Communication No. G-16819 and stated the need for further research before committing funds
to the potential program.
Mayor Moncrief and Council Members Espino, Zimmerman, Burns expressed support of Mayor and
Council Communication No. G-16819 and stated that the competitive grant would potentially allow
funding for Phase I of the critical downtown connection and added that the program would reduce the
number of car trips, thus reducing wear and tear on streets and harmful emissions in the air.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16819 be approved. The motion carried six
(6) ayes to three (3) nays, with Mayor Pro tem Scarth and Council Members Burdette
and Jordan casting the dissenting votes.
1.A Resolution Adopting the City of Fort Worth's 2010 Federal Legislative Program
Motion: Council Member Burdette made a motion, seconded by Council Member Espino that
Resolution No. 3848-01-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
5.M&C G-16820 - Adopt an Ordinance Amending the Code of the City of Fort Worth, Texas
(1986), Chapter 2, "Administration", Article I, "In General", Section 2-9, "Contract Execution
and Change Orders", to Increase the Threshold Amount of the City Manager's Contracting
Authority from $25,000.00 to $50,000.00; and Authorize the City Manager to Approve the
Following without City Council Approval: (a) Contracts, Contract Amendments and Purchase
Agreements in an Amount Not Exceeding$50,000.001 (b) Leases of Real Property for 30 Days or
Less in an Amount Not Exceeding $50,000.00; and (c) Temporary or Permanent Easement
Granted to the City if Valued at$50,000.00 or Less.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette,
that Mayor and Council Communication No. G-16820 be approved and Ordinance No.
19010-01-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 17 of 26
6. M&C G-16821 - Authorize Payment for Up to$2,054,241.00 for the City of Fort Worth's
Assessed Pro Rata Allocation of the Tarrant County Appraisal District's 2010 Budget for the
Months of January Through December 2010.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16821 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
7.M&C G-16822 - Authorize a Substantial Amendment to the City's 1997-1998, 2000-2001,
2003-2004, 2004-2005, 2005-2006, 2006-2007 and 2007-2008 Action. Plans to Fund the Lancaster
Neighborhood Police Office Project; Authorize a Change in Use and Expenditure of$700,000.00
in Community Development Block Grant Funds for the Lancaster Neighborhood Police Office
Project; Authorize the Acquisition from the Fort Worth Local Development Corporation of Two
(2) Vacant Lots Located at 1509 and 1515 East Lancaster Avenue for the Lancaster
Neighborhood Police Office Project for a Purchase Price of $19,227.00 Plus Estimated Closing
Costs of No more than $3,000.00; Authorize the City Manager, or His Designee, to Execute,
Accept and Record the Appropriate Instruments for the Acquisition; and Authorize the City
Manager, or His Designee, to Execute an Agreement with Arthur Weinman Architects for
$53,890.0() for Design and Construction Administration Services for the Lancaster
Neighborhood Police Office Project.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16822 be approved. The motion carried
unanimously nine(9) ayes to zero (0) nays.
8. M&C G-16823 - Adopt a Resolution Approving a Revised Schedule of Standard Fines and
Late Fees, to be Effective March 1, 2010, for Various Parking Offenses.
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G-16823 be approved and Resolution No.
3849-01-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
9.M&C G-16824 - Authorize the City Manager to Transfer $15,871,883.00 from the General
Fund to the Contract Street Maintenance Fund; and Adopt an Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Contract Street Maintenance Fund,
from Available Funds to Fund a Portion of the Fiscal Year 2009-2010 Street Maintenance
Program.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. G-16823 be approved and Appropriation
Ordinance No. 19011-01-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 18 of 26
10.M&C G-16825 - Accept a Donation from the Fort Worth Botanical Society Valued at
$85,000.00 to Replace the Waterfall Overlook in the Japanese Garden; Accept a Donation from
the Moncrief Endowment Valued at $65,000.00 to Replace the Pergola in the Garden Center
Courtyard; and Accept a Donation from the Fort Worth Garden Club Valued at $30,769.00 to
Refurbish the Leonard Courtyard.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16825 be approved with appreciation to the
Fort Worth Botanical Society, the Moncrief Endowment and the Fort Worth Garden
Club. The motion carried unanimously nine(9) ayes to zero (0) nays.
D.Land
1.M&C L-14920 - Authorize the Execution of an Underground Pipeline License Agreement
with Enterprise Texas Pipeline, L.L.C., for a Natural Gas Pipeline Across City-Owned Property
in the Preston Witt Survey, A-1656, Tract 2A, and William C. Trimble Survey, A-1521, Tract 4,
Known as the Northeast Landfill Property, in the Amount of$47,951.48 for a Term of 20 Years
and a Temporary Access Agreement in the Amount of$4,000.00 for 120 Days.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. L-14920 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
2.M&C L-14921 - Declare that Negotiations between the City, its Agents, Sub-Agents and the
Landowners to Acquire 2.449 Acres of Land, a Part of the J. Billingsley Survey, Abstract No. 70,
City of Fort Worth, Tarrant County, Texas, which is Owned by AIL Investments, L.P., to be
Used for Right-of-Way, Drainage Easements and Permanent Water Easements were
Unsuccessful; Declare the Necessity to Take by Condemnation the Subject Property for the
Golden Triangle Boulevard Project; Authorize the City Attorney to Institute Condemnation
Proceedings to Acquire an Easement Interest in the Subject Properties; and Authorize the
Acceptance and Recording of Appropriate Instruments.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. L-14921 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 19 of 26
3. M&C L-14922 - Declare that Negotiations between the City, its Agents, Sub-Agents and the
Landowners to Acquire an Approximate 0.157 Acre Tract of Land, a Part of the J. Billingsley
Survey, Abstract 70, City of Fort Worth, Tarrant County, Texas, which is Owned by the City of
Keller to be Used for a Right-of-Way and a Drainage Easement were Unsuccessful; Declare the
Necessity to Take by Condemnation the Subject Property for the Golden Triangle Boulevard
Project; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire an
Easement Interest in the Surface Estate, but Not the Mineral Estate of the Property; and
Authorize the Acceptance and Recording of Appropriate Instruments.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. L-14922 be approved. The motion carried
unanimously nine (9) ayes to zero (0)nays.
F.Award of Contract
1.M&C C-24050 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Mockingbird Pipeline, L.P., to Grant a License to Construct and Operate a
Natural Gathering Gas Pipeline Across Presidio Vista Drive, 1,338 Feet East of Harmon Road
and Across Presidio Vista Drive, 117 Feet East of Harmon Road for a One (1.) Time License Fee
of$5,520.00.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-24050 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
2.M&C C-24051 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Enterprise Texas Pipeline, L.L.C., to Grant a License to Construct and Operate
a 30-Inch Natural Gathering Gas Pipeline Across Northern Cross Boulevard, West of Endicott
Avenue, Altair Boulevard, North of Northern Cross Boulevard and Beach Street, South of
Northern Cross Boulevard, for a One (1) Time License Fee of$12,880.00.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-24051 be approved. The motion carried
unanimously nine(9) ayes to zero (0) nays.
3.M&C C-24052 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Gathering
Pipeline Across Trinity Boulevard at Rodolphus Street for a One (1) Time License Fee of
$9,430.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 20 of 26
(C-24052 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24052 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
4. M&C C-24053 - Authorize the Purchase of the City's Commercial Property Insurance from
Hub International Rigg, Broker of Record, for a Total Premium of $976,427.00; and Authorize
the Purchase of the City's Commercial Boiler and Machinery Insurance from Hub International
Rigg, Broker of Record, for a Total Premium of$91,952.00.
Motion: Mayor Pro tern Scarth made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-24053 be approved. The motion carried
unanimously nine(9) ayes to zero (0) nays.
5.M&C C-24054 - Authorize a Substantial Amendment to the City's 1994-1995, 1996-1997,
1998-1999, 1999-2000, 2001-2002, 2002-2003, 2003-2004, 2004-2005 and 2005-2006 Action Plans;
Authorize a Change in Use and Expenditure of$1,300,000.00 in Prior Year's HOME Investment
Partnerships Program Grant Funds to Trinity River Public Facility Corporation in the Form of
a Forgivable Loan for Acquisition of the Carlton Apartments Located at 6301 Woodway Drive
Fort Worth, Texas; Authorize the City Manager, or His Designee, to Execute a Conditional
Commitment with Trinity River Public Facility Corporation for a Twenty (20) Year Subordinate
Forgivable Loan that Conditions Loan Funding, Among Other Things, on Satisfactory
Completion of HOME Requirements; Authorize the City Manager, or His Designee, to Execute a
Contract with the Trinity River Public Facility Corporation for the Project for a One (1) Year
Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or His
Designee, to Extend or Renew the Conditional Commitment or the Contract for Up to One (1)
Year if Trinity River Public Facility Corporation Requests an Extension and Such Extension is
Necessary for Completion of the Project; and Authorize the City Manager, or His Designee, to
Amend the Conditional Commitment or the Contract if Necessary to Achieve Project Goals
Provided that the Amendment is within the Scope of the Project and in Compliance with City
Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24054 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 21 of 26
6. M&C C-24055 - Authorize the City Manager to Execute Requirement Contracts to Provide
Land Surveying and Other Related Services with the Firms of William NI. Coleman and
Associates, Inc., Dunaway Associates, L.P., Fulton Surveying, Inc., Gorrondona and Associates,
Inc., JEA/Hydro Tech Engineering, Inc., Pacheco Koch Consulting Engineers, Inc., and Lina T.
Ramey and Associates, Inc., for an Annual Contract with an Aggregate Fee Not to Exceed
$500,000.00 Annually Per Firm, with an Option at the City's Sole Discretion for Two (2) One (1)
Year Extensions Per Contract.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-24055 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
7.M&C C-24056 - Authorize the Transfer of $1,275,583.00 from the Water and Sewer
Operating Fund to the Water Capital Projects Fund in the Amount of $940,278.00 and Sewer
Capital Projects Fund in the Amount of $335,305.00; Adopt an Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and
in the Sewer Capital Projects Fund, from Available Funds, for Water and Sanitary Sewer
Replacement Contract 2004 STM-B; and Authorize the City Manager to Execute a Contract in
the Amount of$1.,192,718.00 with Gra-Tex Utilities, Inc.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-24056 be approved and Appropriation
Ordinance No. 19012-01-2010 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
8.M&C C-24057 - Authorize the City Manager to Execute a Contract with N. G. Painting, L.P.,
in the Amount of $1,329,600.00 for Repair and Renovation of the Alta Mesa 9.2 MG Ground
Storage Facility, Located at 4328 Alta Mesa Boulevard, Structural Repair and Renovation of the
Eastwood 1.5 MG Elevated Storage Facility, Located at 4256 Strong Avenue and Exterior
Touchup Painting for the Como 6.0 MG Ground Storage Facility Located at 5870 Blackmore
Avenue.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-24057 be approved. The motion carried
unanimously nine(9) ayes to zero (0) nays.
9.M&C C-24058 - Authorize the City Manager to Execute a Contract in the Amount of
$1,084,034.00 with Conatser Construction TX, I.,P, for Medical District Water Distribution
System Improvements, Part 7, on West Terrell Avenue, Jennings Avenue, Galveston Avenue,
Oak Grove Street and Pennsylvania Avenue.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 22 of 26
(C-24058 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24058 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
10.M&C C-24059 - Authorize the City Manager to Execute an Engineering Agreement with
Freese and Nichols, Inc., in the Amount of $1,894,760.00 for the North and South Holly Water
Treatment Plant Ozone Project—Construction Management.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24059 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
XV.ZONING HEARING
It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing
in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that
notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official
newspaper of the City of Fort Worth, on January 18, 2010. Mayor Moncrief opened the public hearing
and asked if there was anyone present desiring to be heard.
1.Zoning Docket No. ZC-09-142 - City of Fort Worth Planning & Development: Text
Amendment: Urban Residential ("UR") District; An Ordinance Amending the Zoning
Ordinance of the City of Fort Worth, Being Ordinance No. 13896, as Amended, Codified as
Appendix "A" of the Code of the City of Fort Worth, by Amending: Article 7 "Residential
Districts", of Chapter 4, "District Regulations" to Establish a New Residential Zoning District;
Section 4.713, "Urban Residential "UR" District" and Establish Development Standards for the
District; Section 4.603, "the Residential District Use Table" of Chapter 4, to Reflect the New
District and Uses to be Allowed; Section 4.100, "Districts Established", of Chapter 4 to Reflect
the New District; Section 6.300, "Buffervard and Supplemental Building Setback" of Chapter 6
"Development Standards" to Reflect Applicable Standards for the District; and Chapter 9 to
Add Definitions Related to Urban Residential District. (Recommended for Approval)
Ms. Libby Willis, 2300 Primrose Avenue, appeared before Council in opposition to Zoning Docket
No. ZC-09-142 and relative to the impacts of the zoning change on the neighborhoods in the area and
stated that the residents and property owners were not aware of the impact of this text amendment or of
any neighborhood meetings that had be scheduled to review this change. She requested that the
Council delay voting on the item for sixty(60) days.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 23 of 26
(ZC-09-142 Continued)
Council Member Hicks requested the item be continued for one (1) week to allow the neighbors to
have a meeting regarding the zoning change.
Mayor Pro tern Scarth and Council Members Burns, Burdette, Espino and Jordan supported proceeding
with the item and stated the zoning did not affect the neighborhoods at this time and added that
any new building permits or zoning changes would still have to go through the Zoning Commission as
in the past and all affected neighbors would be notified.
Council Member Burns requested that the Planning and Development Department develop a
Communication Plan for the neighbors and provide an explanation of the new text amendment. He also
requested that property owners in the area be notified when a new zoning category was added in an
area.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, advised that the
department did not send out specific notices to the residents and property owners on this zoning change
because it did not directly affect their residential properties. She further clarified that this zoning
limited building height to three (3) stories.
Motion: There being no one else present desiring to heard in connection with the Text
Amendment, Council Member Burns made a motion, seconded by Council Member
Espino, that the Zoning Hearing be closed, and Zoning Docket No. ZC-09-142 be
approved and the following ordinance be adopted:
ORDINANCE NO. 19013-01-2010
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT
WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING
ARTICLE 7 "RESIDENTIAL DISTRICTS", OF CHAPTER 4, "DISTRICT
REGULATIONS" TO ESTABLISH A NEW RESIDENTIAL ZONING DISTRICT,
SECTION 4.713, "URBAN RESIDENTIAL ("UR") DISTRICT AND ESTABLISH
DEVELOPMENT STANDARDS FOR THE DISTRICT; AMENDING SECTION 4.603,
"THE RESIDENTIAL DISTRICT USE TABLE" OF CHAPTER 4, TO REFLECT THE
NEW DISTRICT AND USES TO BE ALLOWED; AMENDING SECTION 4.100,
"DISTRICTS ESTABLISHED", OF CHAPTER 4 TO REFLECT THE NEW DISTRICT;
AMENDING CHAPTER 9 TO ADD DEFINITIONS RELATED TO URBAN
RESIDENTIAL DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
The motion carried unanimously nine(9) ayes to (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 24 of 26
XVI.CITIZEN PRESENTATIONS
1. Mr. Joe Don Brandon, P. O. Box 11.55, "Fort Worth Business Center"
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council relative to Police harassment and
parking citations, the Business Center employees spying on his computer usage, his concerns regarding
events that reflect social cleansing and a Fort Worth Star Telegram article regarding feeding the
homeless in Texas.
Mr. Sergio Camarena, 3830 Crenshaw Avenue, appeared before Council relative to eighty (80)
chickens inhabiting his property and the number of chickens allowed on the property by the City's
Code.
Mayor Moncrief referred Mr. Camarena to Mr. Bennett and requested an update on the situation at the
February 2, 2010 Council meeting.
Mr. Brandon Bennett, Director, Code Compliance Department, clarified that due to the lot size, Mr.
Camarena was allowed to house twelve (12) chickens on his property, according to the Code of
Ordinances. He stated he would be working with Mr. Camarena to reduce the number of chickens on
the property and would measure the property to ensure that the property fell under those guidelines.
Mr. Don Click, 8450 Trace Ridge, appeared before Council relative to the recommendations from the
Human Relations Committee, the transgender rights of tenants and requested clarification of the
resolution adopted by the Councilthat was presented by the Human Relations Committee.
City Manager Fisseler referred Mr. Click to Assistant City Manager Fernando Costa and the Legal
Department for clarification of the resolution in question.
Mr. Gary Hogan, representing the North Central Texas Community Alliance, 2117 Rolling Creek Run,
appeared before Council relative to the role of the North Central Texas Community Alliance in the
area and advised that they acted in an advisory capacity. He also requested an independent study by the
City of Fort Worth of the environmental impacts that gas well drilling has had in and around the City
and not solely rely on the studies recently done by the Texas Commission on Environmental Quality.
XVII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 11:54 a.m. to:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other
matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules
as authorized by Section 551.071 of the Texas Government Code:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 25 of 26
(XVII.EXECUTIVE SESSION Continued)
a) Arnoldo Dominguez, individually and as heir of the estate of Mirna Doninguez, deceased;
Maria Dominguez, individually and as heir of the estate of Mirna Dominguez, deceased,
Fermin Vitolas, individually and as heir of the estate of Fernando Fermin Vitolas, deceased;
Emilia Olivia Carrillo de Vitolas, individually and as heir of the estate of Fernando Fermin
Vitolas, deceased, Cause No. 17-214442-05;
b) Legal issues concerning traffic accident at 3800 Columbus Trail;
c) Legal issues related to insuring or indemnifying board members;
d) Legal issues concerning a proposed boundary adjustment with the City of Lake Worth;
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
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.
Mayor Moncrief adjourned the Executive Session at 12:35 p.m.
The Council reconvened back into regular session.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26, 2010
PAGE 26 of 26
XVIII.ADJOURNMENT
There being no further business, the meeting was adjourned at 12:35 p.m. in memory of the Haiti
earthquake victims and their families; Mr. Bobby Bragan, a long time Fort Worth resident, a life long
"baseball man" and the voice of the Fort Worth Cats Baseball team, and a dear friend and mentor of
the Mayor, who passed away on January 21, 2010, at the age of 92; and Ms. Monique Pegues, Director
of Government Relations for the Fort Worth Transportation Authority, whose recent death was
unexpected.
Attest: Approved:
AI 1/
Marty H drix Michae nc .'
City Secretary Mayor
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
JANUARY 26,2010
PAGE 26 of 26
These minutes approved by the Fort Worth City Council on the 2nd day of February, 2010.
Attest: Approved:
Li ' 17.01
Marty He •4 'x Michael o of
City Secretary Mayor