HomeMy WebLinkAbout2010/05/18-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 2 of 26
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes
to zero (0) nays.
A. General - Consent Items
1. M &C G -16922 - Authorizing the City Manager to Apply, Accept and Execute if Awarded, a
Grant to Implement Activities of an Early Childhood Resource Center Program in Four (4)
Locations; Authorize a Waiver of Indirect Costs; and Adopt Appropriation Ordinance No.
19146 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in
the Amount of $425,000.00, Subject to Receipt of a Grant from the United States Department
of Health and Human Services, for the Implementation of Early Childhood Resource Center
Programs.
2. M &C G -16923 - Retaining J. Andrew Rogers and the Law Firm of Kelly Hart and Hallman
LLP, as Outside Counsel, Pursuant to Chapter VI, Section 3 of the City Charter, to Assist the
City Attorney on Legal Issues Related to Spinks Airport Improvements for a Lease and a
Construction Loan and Documentation to FWS Realty, Ltd; and Adopt Resolution
No. 3882 -05 -2010 Authorizing Payment Up to $10,000.00 for Legal Services Provided by J.
Andrew Rogers and the Law Firm of Kelly Hart and Hallman LLP, Related to a Commercial
Construction Loan to FWS Realty, Ltd.
3. M &C G -16924 - Adopting the Findings of the Ground Transportation Coordinator: the
Public Necessity and Convenience Require the Operation of One (1) Limousine Upon the City
Streets, Alleys and Thoroughfares; McKiny Service is Qualified and Financially Able to
Conduct a Limousine Service Within the City; McKiny Services has Complied with the
Requirements of Chapter 34 of the City Code; McKiny Services Presented Facts in Support of
Compelling Demand and Necessity for One (1) Limousine; the General Welfare of the Citizens
of the City will Best be Served by the Addition of One (1) Limousine Upon City Streets, Alleys
and Thoroughfares; and Adopt Ordinance No. 19147 -05 -2010 Granting the Privilege of
Operating Authority to McKiny Services, for the Use of the Streets, Alleys, and Public
Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of
the Operation of One (1) Limousine, for a Three (3) Year Period Beginning on the Effective
Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by
McKiny Services; and Conditioned Upon McKiny Limousine Service 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
MAY 18, 2010
PAGE 3 of 26
(VII. CONSENT AGENDA Continued)
4. M &C G -16925 - Adopting the Findings of the Ground Transportation Coordinator: the
Public Necessity and Convenience Require the Operation of Two (2) Horse -Drawn Carriages
Upon the City Streets, Alleys and Thoroughfares; Occasional Carriages is Qualified and
Financially Able to Conduct a Horse -Drawn Carriage Service within the City; Occasional
Carriage Service has Complied with the Requirements of Chapter 34 of the City Code;
Occasional Carriage Service Presented Facts in Support of Compelling Demand and Necessity
for Two (2) Horse -Drawn Carriages; the General Welfare of the Citizens of the City will Best
be Served by the Addition of Two (2) Horse -Drawn Carriages Upon City Streets, Alleys and
Thoroughfares; and Adopt Ordinance No. 19148 -05 -2010 Granting the Privilege of Operating
Authority to Occasional Carriages for the Use of the Streets, Alleys, and Public Thoroughfares
of the City in the Conduct of its Horse -Drawn Carriage Business, Which Shall Consist of the
Operation of Two (2) Horse -Drawn Carriages, for a Three (3) Year Period Beginning on the
Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written
Acceptance by Occasional Carriages; and Conditioned Upon Occasional Carriages 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 -16926 - Authorizing the City Manager to Apply for and Accept, if Awarded, Funds
Totaling $85,000.00 from the Amon G. Carter Foundation, the Sid W. Richardson Foundation
and the Goff Family Foundation for the 2010 Como Community Center Youth Programs;
Authorize the Execution of Agreements, if Awarded, with the Amon G. Carter Foundation Up
to an Amount of $25,000.00; the Sid W. Richardson Foundation Up to an Amount of
$50,000.00; and the Goff Family Foundation Up to an Amount of $10,000.00; and Adopt
Appropriation Ordinance No. 19149 -05 -2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $85,000.00, Subject to Receipt of Grants
from the Amon G. Carter Foundation, the Sid W. Richardson Foundation, and the Goff
Family Foundation, for the 2010 Como Community Center Youth Programs.
B. Purchase of Equipment, Materials, and Services - Consent Items
L M &C P -11128 - Recommending the City Council Reject All Bids Received for Bid
No. 09 -0159 — Polyvinyl Chloride Sewer Fittings for the Water Department and Authorize
Issuance of a New Invitation to Bid.
2. M &C P -11129 - Authorizing the City Council to Purchase Five (5) 20 Kilowatt Generators
and Five (5) Automatic Transfer Switches from Diversified Power Systems for Installation at
Five (5) Fire Stations for a Total Up to $61,750.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 4 of 26
(VII. CONSENT AGENDA Continued)
3. M &C P -11130 - Authorizing a Sole Source Purchase Agreement with Hach Company for the
Water Department to Provide Hach Laboratory Supplies and Replacement Parts for Hach
Equipment Based on the Sole Source Bid of Manufacturer's List Prices for an Initial Amount
of $165,000.00.
5. M &C P -11132 - Authorizing a Purchase Agreement with Fire Supply, Inc., for Structural
Firefighter Boots for the Fire Department for an Initial Annual Amount of $57,000.00.
C. Land - Consent Items
1. M &C L -14977 - Authorizing the Conveyance of Two (2) Ten (10) Foot Wide Right -of -Way
Easements on City Airport Property, Located on Fort Worth Spinks Airport at Stone Road,
Described as Being a 0.020 Acre and 0.017 Acre of Land Located in the Sarah Gray Survey,
Abstract No. 558, to Atmos Mid -Tex Energy Corporation for the Amount of $6,428.00; and
Authorizing the City Manager or his Designee, to Execute and Record the Appropriate
Instruments.
2. M &C L -14978 - Authorizing the Direct Sale of Tax Foreclosed Properties at 1812 Greenfield
Avenue, Described as Lots 1 -8, Block 5, Greenway Place Addition, 1817 Greenfield Avenue,
Described as Lots 16 -22, Block 6, Greenway Place Addition, 1800 Glenmore Avenue,
Described as Lot 11, Block 6, Greenway Place and 1816 Glenmore Avenue, Described as Lots
1 -7, Block 6, Greenway Place Addition, to Fort Worth Area Habitat for Humanity, Inc., d /b /a
Trinity Habitat for Humanity for the Purchase Price of $58,741.33; and Authorizing the City
Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the
Properties to Complete the Sale.
3. M &C L -14979 - Authorizing a Lease Amendment with MCIMetro Access Transmission
Services, LLC, d /b /a Verizon Access Transmission Services, for Approximately 7,323 Square
Feet of Space and 28.53 Percent of 7,910 Square Feet of Common Space in the Zipper Building
at 275 West 13th Street, Fort Worth, Texas, for an Annual Rent of $11.47 Per Square Foot for
a Five Year Term Starting November 1, 2010, through October 31, 2016.
4. M &C L -14980 - Authorizing the Acceptance of a Dedication Deed from One SR, L.P., for
5.294 Acres of Land Described as Lot 1X, Block 400, Sendera Ranch Addition, at No Cost to
the City of Fort Worth, to be Used for the Sendera Ranch Pump Station, Previously Approved
by M &C C- 21662; and Authorizing the City Manager, or his Designee, to Accept and Record
the Appropriate Instruments to Complete the Conveyance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 5 of 26
(VII. CONSENT AGENDA Continued)
5. M &C L -14981 - Authorizing the Acquisition of 0.203 Acres of Land for Four (4) Permanent
Drainage Facility Easements from Realty Capital Triangle, L.P., Described as a Portion of
Tract 3, J. Billingsley Survey, Tarrant County, Texas, Located on Golden Triangle Boulevard
in North Fort Worth in the Amount of $145,000.00 and Pay the Estimated Closing Costs of
$2,000.00 (DOE 5773, Project No. 00140); Finding that the Offer of $145,000.00 is Just
Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments.
E. Award of Contract - Consent Items
1. M &C C -24225 - Authorizing the City Manager to Apply for, Accept and Execute Two (2)
Grants from the Texas Historical Commission in an Amount Not to Exceed $2,261.00 for the
Purpose of Travel and Training for the Historic and Cultural Landmarks Commission and
Adopting Appropriation Ordinance No. 19150 -05 -2010 Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $2,261.00, Subject to Receipt of Two
Grants from the Texas Historical Commission for the Purpose of Providing Funding for the
Travel and Training for Historic and Cultural Landmarks Commission.
2. M &C C -24226 - Authorizing the City Manager to Execute Amendment No. 1 to City
Secretary Contract No. 38794, a Community Facilities Agreement with Eagle Mountain -
Saginaw Independent School District, in Order to Allow City Participation in the Amount of
$34,662.91 for the Installation of Sixteen (16) Inch, Twelve (12) Inch and Ten (10) Inch Sewer
Mains to Serve the Eagle Mountain - Saginaw Independent School District Maintenance and
Transportation Facility, a Development, Located in North Fort Worth.
3. M &C C -24227 - Authorizing the City Manager to Execute Change Order No. 3 in the Amount
of $83,055.00 to City Secretary No. 38677 with Tri -Tech Construction, Inc., for Ryan
Southeast Drainage Improvements, Thereby Revising the Total Contract Amount to
$1,065,430.85.
4. M &C C -24228 - Authorizing the City Manager to Execute Amendment No. 2 to City
Secretary Contract No. 35857 for the Provine Drainage Improvements to Increase the Amount
by $99,770.00, Thereby Revising the Total Contract Cost to $147,770.00, and to Change the
Name of the Engineering Firm from TCB, Inc., to AECOM USA, Inc.
5. M &C C -24229 - Authorizing the City Manager to Execute a Project Development Agreement
with Johnson Controls, Inc., in the Amount of $351,107.00 to Conduct a Detailed Energy
Study of Approved Activities in the City's Energy Efficiency and Conservation Block Grant,
Awarded by the United States Government's Department of Energy.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 6 of 26
(VII. CONSENT AGENDA Continued)
6. M &C C -24230 - Adopting Appropriation Ordinance No.19151 -05 -2010 Increasing the
Estimated Receipts and Appropriations in the Future Improvements Project Section of the
Special Assessments Fund in the Amount of $62,501.00, from Available Funds, For the
Purpose of Transferring said Funds to the New Development Fund; Authorizing the Transfer
from the Special Assessments Fund to the New Development Fund; Adopting Appropriation
Ordinance No. 19152 -05 -2010 Increasing the Estimated Receipts and Appropriations in the
New Development Fund in the Amount of $62,501.00, from Available Funds, for the Design of
Improvements to Shiver Road from Meridian Lane to 1500 Linear Feet West; and
Authorizing the City Manager to Execute an Engineering Services Agreement in the Amount
of $62,501.00 with Dannenbaum Engineering Corporation for the Preparation of Engineering
Design Plans for Improvements to Shiver Road from Meridian Lane to 1500 Linear Feet West.
7. M &C C -24231 - Recommending the Correction of Recommendation Nos. 1,4,5 and 6 of M &C
C -23483 to Increase the City's Participation in the Amount of $6,089.00 to Accommodate an
Increase in TxDOT's Administrative Fees; Which Does Not Necessitate Any Changes to
Recommendation Nos. 2 and 3 of M &C C- 23483; Recommendation No. 1 of M &C C -23483
Revising the Transfer of Appropriations Amount from the Storm Water Capital Projects 2007
Revenue Bond Fund to the Grant Capital Projects Fund from $349,757.00 to $355,846.00;
Recommendation No. 4 of M &C C -23483 Revising the Appropriation Ordinance No. 19153-
05 -2010 Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects
Fund in the Amount of $6,132.00, Based on a Reimbursable from the Texas Department of
Transportation in the Amount of $755,550.00 and an In -Kind Amount of $36,493.00 for a
Total Amount Not to Exceed $792,043.00 for the Texas Department of Transportation for the
Purpose of Funding Drainage Improvements at Various Locations in Fort Worth (Project No.
00124); Recommendation No. 5 of M &C C -23483 Revising the Local Transportation Project
Advance Funding Agreement from $1,336,757.00 to $1,342,889.00 and Revising the City
Participation Not -To- Exceed Amount from $544,757.00 to $550,846.00; and Recommendation
No. 6 of M &C C -23483 Revising the Initial Payment Amount to the Texas Department of
Transportation from $14,323.00 to $6,396.00.
8. M &C C -24232 - Authorizing the City Manager to Execute Change Order No. 1 in the Amount
of $374,335.81 to City Secretary Contract No. 36646 with Oscar Renda Contracting, Inc., for
M -244B Sanitary Sewer Rehabilitation Across Lake Arlington, Thereby Increasing the
Contract Amount of $2,520,393.31.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 7 of 26
(VII. CONSENT AGENDA Continued)
9. M &C C -24233 - Authorizing the Transfer of $319,225.00 from the Water and Sewer
Operating Fund to the Water Capital Project Fund; Adopting Appropriation Ordinance No.
19154 -05 -2010 Increasing the Estimated Receipts and Appropriations in the Water Capital
Project Fund in the Amount of $319,225.00, from Available Funds, for Water Main
Replacement on Sunset Circle and Timberland Boulevard; and Authorizing the City Manager
to Execute a Contract in the Amount of $287,225.00 with Conaster Construction TX, LP, for
Water Main Replacement on Sunset Circle and Timberland Boulevard.
10. M &C C -24234 - Authorizing the City Manager to Execute a Contract with Laughley Bridge
& Construction, Inc., in the Amount of $310,922.00 for the Western Hills Lift Station
Replacement Project.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. - 772 - Notice of Claims r A e e a s es a/ r rise
End of Consent Agenda.
B. Purchase of Equipment, Materials, and Services - (Removed from the Consent Agenda for
Individual Consideration)
4. It was the Consensus of the Council that Mayor and Council Communication No. P- 11131,
Authorizing the Purchase of Trucks for the Police Department from Philpott Ford Using
Houston - Galveston Area Council Cooperative Contract No. VE3 -06 with Crime Control and
Prevention District Funds for a Total Amount of $115,573.85, be Continued Until the
June 8, 2010, Council Meeting.
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation on the Mavor Mike and se's Summer Readin2 Challen2e 2
Ms. Shela Scullock, Assistant Director, Fort Worth Public Library, stated that the summer reading
program was over 40 years old and advised that Mayor Moncrief and his wife Rosie would make the
presentation.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 8 of 26
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mayor and Mrs. Moncrief, presented the 2010 Summer Reading Challenge and stated this was a Fort
Worth family literacy program that was open to residents of all ages, made available through the Fort
Worth Library. They "opened the book" on summer reading by unveiling a 7 -foot tall book to kick -off
the Challenge. They further stated that this year's theme for the summer reading program, which
would run from May 22, 2010 through July 3, 2010, was "Deep in the Heart of Texas" and served as a
reminder to everyone that books were deep in the heart of Texans, as well as, a reminder to keep a
healthy heart. They pointed out that the summer reading program was made possible through donations
and support by the Fort Worth Public Library Foundation and the Friends of the Fort Worth Public
Library. They expressed appreciation to the co- chairs, Mr. Robert Earley, President and CEO of JPS
Health Network, and District 8 Council Member Kathleen Hicks, for their support and commitment to
the Fort Worth Public Library and the literacy cause.
Ms. Betsy R. Pepper, President and CEO of Fort Worth Public Library Foundation, and Ms. Bunny
Gardner, President, Friends of the Fort Worth Public Library, expressed appreciation to the volunteers
and supporters of the Fort Worth Public Library and expressed their excitement for the 2010 Summer
Reading Challenge. Ms. Gardner advised that over 1,000 people visited the book sale from
May 14 -16, 2010, held downtown.
Achievement 2. Presentation of the Walter Dausby Tower
District School
Mayor Pro tem Scarth stated the Walter Dansby Tower Achievement Award recognized thirteen (13)
high school students who had truancy issues and had overcome them to become successful students.
He stated that the award was named in honor of Mr. Walter Dansby, a former coach, teacher, principal
and FWISD Deputy Superintendent. He pointed out that "Tower" in the award's name related to the
Bank One Tower that was badly damaged by the tornado but now was a vibrant part of downtown.
Mr. Ernie Horn, Executive Director, Score A Goal In the Classroom stated that the FWISD
Comprehensive Truancy Initiative Program (CTIP) was an award winning program that devised
solutions to prevent chronic truancy and dropout among students. He further stated that it was through
this program that students were identified and directed to services that would help him /her to
refocus their educational career toward graduation. He added that CTIP had helped thousands of
students attend school and be successful in the classroom and pointed out that those who collaborated
in this program were: Score a Goal in the Classroom, FWISD, the City of Fort Worth and the District
Attorney's Office.
Mr. Barry Smith, FWISD Truancy Program, expressed appreciation to the City for their support of the
FWISD Stay in School Program and recognized the following students and their corresponding Stay in
School Coordinator from FWISD high schools that were selected as the most improved and were
candidates for the prestigious Walter Dansby Tower Achievement Award:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 9 of 26
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Kaela O'Neal
Hector Cruz
Mira Herrea
Yarey Brindiz Escobar
Sari Goodacre
Francisco Cavillo
Rigoberto Aguilar
Stephanie Martinez
Nora Espinoza
Nancy Rosales
Akim Nixon
Briseidy Garza
Nikoleta Golemi
Amon Carter Riverside High School
Arlington Heights High School
South Hills High School
Diamond -Hill Jarvis High School
Paul Lawrence Dunbar High School
Paschal High School
Eastern Hills High School
Polytechnic High School
North Side High School
O.D. Wyatt High School
Trimble Tech High School
Western Hills High School
Southwest High School
Mayor Moncrief congratulated the students on their accomplishments on behalf of the Council and
citizens of Fort Worth. He stated that each student had overcome challenges and understood the
importance of an education and encouraged them to become successful young leaders.
3. Presentation of Proclamation to ac Gam Patterson Coachin2 Staff and t o
Tearia Day
City Secretary Hendrix advised that this presentation had been rescheduled for a July 2010 Council
Meeting.
4. Presentation of Proclamation for National Public Works Week
Mayor Moncrief stated that the public works services provided to the Fort Worth community were an
integral part of residents' everyday lives. He further stated that the support of understanding and
informed citizens was vital to the efficient operation of the City's public works systems and programs,
including municipal buildings and storm water management as well as streets and bridges. He pointed
out that the health, safety and comfort of Fort Worth residents greatly depended on these facilities and
services. He also pointed out that the quality and effectiveness of the facilities, as well as their
planning, design and construction was vitally dependent upon the efforts and skill of the TPW
Department staff. He called upon all citizens and civic organizations to acquaint themselves with the
issues involved in providing our public works and to recognize the contributions that public works
officials made every day to the residents' health, safety, comfort and quality of life.
Council Member Zimmerman presented the Proclamation for National Public Works Week to Mr. Bill
Verkest, Director, Transportation and Public Works (TPW) Department, and encouraged everyone to
express appreciation to Public Works staff for the services that they provided to citizens on a daily
basis, rain or shine.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 10 of 26
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mr. Verkest accepted the Proclamation, along with TPW staff and expressed appreciation to the
Council and citizens for their recognition and support. He pointed out that this was the 50 year
anniversary of National Public Works Week.
1. Upcoming a nd Recent Events
Mayor Moncrief announced the Institute for Community Involvement, a joint collaboration between
the Fort Worth Commission for Women and the YWCA, would hold an event entitled, "Why Get
Involved ?" on June 7, 2010, 5:30 p.m. to 9:00 p.m. at the downtown YWCA. He stated tickets were
$10.00 and those interested in more information could contact Marcy Paul at 817 - 332 -6191 or via
email at m_paul(g ywca.fortworth.M .
Council Member Burns announced that the grand opening for the Fairmount Community Gardens was
held on May 15, 2010, and was the first community garden of its kind. He stated there were 60 -70
plots, which cost $35.00 per year and only seven (7) plots remained open. He encouraged those
interested in more information to contact the District 9 Office at 817 - 392 -8809. He also announced that
the District 9 monthly office hours would be held on May 20, 2010, from 3:00 p.m. to 7:00 p.m., at
Villa de Leon, located at 501 Samuels Avenue. He also advised that the next Air Quality Study
Committee Meeting would be held on May 20, 2010, at 7:00 p.m. in the City Council Chamber,
located at 1000 Throckmorton Street.
Council Member Moss announced that he attended, along with Chief Halstead and Assistant City
Manager Tom Higgins, the Showcase of Stars event, held on May 10, 2010, at Casa Manana, which
recognized two (2) outstanding students who participated in the After School Program. He stated that
the Program was celebrating its tenth (10th) anniversary and added that 13,000 students participated
yearly and over 75,000 students had been served over ten (10) years. He added that of the eight -five
(85) sites, forty -one (41) sites were jointly funded by FWISD and the City of Fort Worth and the other
forty -four (44) sites were funded by the TEA. He also expressed appreciation to Mr. Greg Simmons,
Assistant Director of Stormwater Management, TPW Department, for presenting the Flood Plain Study
and for conveying positive ideas to the citizens which addressed flooding issues in Wild Cat Ranch
Creek. He added that similar meetings would be held throughout the City to address flooding concerns.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 11 of 26
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Burdette announced that Mrs. Deborah Dickey Beggs Moncrief passed away on
May 13, 2010, at age 91. He advised that Mrs. Moncrief was a great benefactor to many of the City's
treasures and added that her generosity stretched beyond the beloved Botanic Gardens and throughout
the community from the National Cowgirl Museum and Hall of Fame to the Fort Worth Zoo. He
requested the City Council Meeting be adjourned in her memory. He also announced that he had the
opportunity to spend two (2) days aboard the USS Abraham Lincoln, one (1) of eleven nuclear
powered ships in the nation. He stated he and ten (10) others from the area traveled to the Naval Air
Station in San Diego, California and then to the aircraft carrier and received a complete tour of the ship
and its 5,600 personnel from Captain John D. Alexander, a Texas Tech Graduate. He further stated that
the trip was an experience of a lifetime and encouraged everyone to express their appreciation to
United States Armed Forces service men and women.
Mayor Pro tem Scarth announced that American Idol visited Fort Worth in honor of vocalist Casey
James, a finalist on the show. He stated that he and Council Member Espino presented Mr. James with
gifts, which included a pair of Justin Cowboy Boots, a Resistol Cowboy Hat, and a Molly Pin. He also
announced the Annual Code Blue Seminar would be held on May 22, 2010, at the Fort Worth
Convention Center at 8:00 a.m. and encouraged everyone to attend the event which honored the
Citizens on Patrol and provided information about the Code Blue Program.
Council Member Espino reiterated Mayor Pro tem Scarth's comments regarding Casey James and
American Idol and stated the event was well attended, although the parade with The Herd was
cancelled due to inclement weather. He stated that this was an example of how citizens of Fort Worth
came together to support one of their own and encouraged everyone to watch Mr. James' performance
on American Idol.
Council Member Zimmerman stated the Crime Control and Prevention District Appreciation Day
event held on May 15, 2010, was a well attended event and expressed appreciation to Target for
hosting the event and for providing support and food to the visitors. He also announced that the
renovation of the Howard Log Cabin was completed and the grand opening was held on May 15, 2010,
and was attended by three (3) generations of the Howard Family. He also invited everyone to attend
the Annual Code Blue Seminar on May 22, 2010, at the Fort Worth Convention Center at 8:00 a.m.
2. BgL2gnition of Citizens
There were no citizens recognized at this time.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 12 of 26
XI. PRESENTATIONS BY THE CITY COUNCIL
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mr.
Richard Reyero be appointed to the Golf Advisory Board effective May 18, 2010, with a
term expiring September 30, 2011. The motion carried unanimously nine (9) ayes to zero
(0) nays.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that Ms.
Becky Haskin be appointed to Place 4 on the Parks and Community Services
Board effective May 18, 2010, with a term expiring October 1, 2010. The motion carried
unanimously nine (9) ayes to zero (0) nays.
5i 1 c i I 15i 11111 c 1111101 1
There were no presentations and /or communications from boards, commissions and /or City Council
committees.
XIIL REPORT OF THE CITY MANAGER
B. General
0 I
W901 J1 Aw 114",
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. r
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 13 of 26
(G -16913 Continued)
c. Council Action
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G -16913 be continued until the June 8, 2010, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G -16919 be approved and Supplemental Appropriation
Ordinance No. 19155 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -16927 be approved and Ordinance
No. 19156 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 14 of 26
Council Member Hicks expressed her condolences to the Jacobs Family and stated she hoped the
settlement would bring closure to the family.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G -16928 be approved and Supplemental Appropriation
Ordinance No. 19157 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 15 of 26
(G -16929 Continued)
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. G -16929 be approved and Ordinance No. 19158 -05 -2010
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
6 Adopt Authorizing
Sale of Cily of Fort Worth, Texas Water and Sewer System Revenue Bonds, Series c
the Aggregate Amount , Approving Bonds
Board. Texas Water Development
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G -16930 be approved and Supplemental Appropriation
Ordinance No. 19159 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
Balance 7. M&C G-16931 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations
in the General Fund in the Amount of $762,301.00 and Decreasing the Unreserved
Undesignated Fund
Performance Contract with Johnson Controls,.Inc.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. G -16931 be approved and Supplemental Appropriation
Ordinance No. 19160 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
8. M&C G-16932 - Authorize the City Manager to Make a $300,000.00 Palment to the Retired
�e��Gro�up Reath Benefit Fund.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. G -16932 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
I
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 16 of 26
(G -16933 Continued)
a. Report of the City Staff
Mr. Robert Sturns, Housing and Economic Development Department, appeared before Council and
provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth that the public
hearing be closed and that Mayor and Council Communication No. G -16933 be
approved and Ordinance No. 19161 -05 -2010 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
Council Member Hicks expressed appreciation to the Economic Development Department staff for
their work on the project and for keeping the iconic building standing and repurposed and providing at
least 100 jobs for the area.
1 1 1
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -16934 be approved and Resolution
No. 3883 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
Ms. Carla Felipe, PID No. 7 General Manager, 9536 Courtright Drive, Keller, Texas 76244, completed
a speaker card in support of Mayor and Council Communication No. G- 16935, but did not wish to
address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 17 of 26
(G -16935 Continued)
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. G -16935 be approved and Resolution No. 3884 -05 -2010
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
1 I .1;
Ms. Lisa Powers, Camp Bowie District, 6100 Camp Bowie Boulevard, No. 23 completed a speaker
card in support of Mayor and Council Communication No. G- 16936, but did not wish to address the
Council.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -16936 be approved and Resolution
No. 3885 -05 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
13. M&C G-16937 - Authorize the e rary Road Closure of Ninth Street from
Throckmorton Street to es Street from May 2, 2010, to a ary 2, 2011, to aci hate
Road Reconstruction.
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G -16937 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
I I
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. Bg r��
Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council
and provided a staff report.
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Council Member Jordan left his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 18 of 26
(G-16938 Continued)
b. Citizen Presentations
There were no citizen presentations.
c. Council Action
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that the public
hearing be closed and that Mayor and Council Communication No. G-16938 be approved.
The motion carried unanimously eight (8) ayes to zero (0) nays, and one (1) abstention by
Council Member Jordan.
(Council Member Jordan returned to his place at the dais.)
C. Purchase of Egui�ixient, Materials, and Services
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Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. P -11133 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
D. Land
Mayor Moncrief clarified earlier the vote on Mayor and Council Communciation No. G-16938 and
advised that Council Member Jordan had abstained from the vote, although it was not stated. He stated
that the vote was eight (8) ayes to zero (0) nays, and one (1) abstention by Council Member Jordan.
2. M&C L-14982 - Approve the Acceptance of a Lease Agreement for Natural Gas Dril
Under 79.842 Acres More or Less of City-Owned Properties Known as Candleridge Par_.
Located at 4301 French Lake Drive, to Chesapeake Exploration, LLC for a Two-Yea
Primary Term.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 19 of 26
(L -14982 Continued)
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. L -14982 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, and one (1) abstention by Council Member
Jordan.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 20 of 26
(C -24223 Continued)
Council Member Jordan advised that he had filed Conflict of Interest Affidavits with the City
Secretary's Office and would abstain from voting on Mayor and Council Communication Nos.
C -24223 and C- 24224.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C -24223 be approved with appreciation and
Appropriation Ordinance No. 19162 -05 -2010 be adopted. The motion carried unanimously
eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24224 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member
Jordan.
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........
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C -24235 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 21 of 26
(C-24236 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24236 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
C-24237 - Authorize the City Manager to Execute a Public Right-of-Way Use
Amement with Texas Midstream Gas Services, LLC, Granting a License to Construct and
Operate a Natural Gas Gathering Pipeline Across Parker Henderson Road, North of David
Strickland Road for a One Time License Fee of $2,714.00.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-24237 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
C-24238 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Chesapeake Operating, Inc., to Grant a License to Construct and Operate a
Fresh Water Pipeline Across Roberts Cut Off Road, West of Biway Street for a One-Time
License Fee of $4,600.00.
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24238 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member
Jordan.
9. M&C C-24239 - Authorize t City Ma er to Execute a Public Right-of-Way se
Agreement with Texas Midstream Gas Services, LLCGranting a License to Construct and
Operate a Natural Gas Gathering_kipeline Across Carson Road, a t Elliot Reeder Road and
Across Elliot Reeder Road as of Carson Road for a One-Time License Fee of S3 3
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24239 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
10. MSC C-24240 - Authorize the City Manager to Execute a Tax Abatement Agreement with
Aliens, Inc. Subiect to Non- Material Cha es Acce to ble to the ind that the
Statements Set Forth in the Recitals of the Tax Abatement Agreement are True and Correct.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 22 of 26
(C-24240 Continued)
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C-24240 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
11.M&C C-24241 - Authorize a Contract in the Amount of $3,041,761.10 with Jackson
Construction, Ltd., for Paving and Drainage Improvements on Dirks Road from Bryant
Irvin Road to the Western Limit of the Future Southwest Parkway.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-24241 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C-24242 be approved and Resolution No. 3886-05-2010 and
Ordinance No. 19163-05-2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
13. M&C C-24243 - Authorize the City Manager to Execute Amendment No. I in the Amount of
$421,000.00 to City Secretary Contract No. 36010, an Engineering Agreement with Camp
Dresser & McKee, Inc., for the Design of the Westside Water Treatment Plant, for the
Redesign, Repackage and Rebid of the Construction Contract, Thereby Increasing the
Contract Amount from $4,992,954.00 to $5,413,954.00.
Council Member Burdette reiterated that the Westside Water Treatment Plant was a freshwater
treatment facility and did not treat wastewater or any type of sewage.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 23 of 26
(C -24243 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 24 of 26
(XV. CITIZEN PRESENTATIONS Continued)
Other Citizen Presentations
Ms. Melissa Vance, 3809 Westridge Avenue, appeared before Council and spoke regarding the
proposed gas well near Westridge and Bryant Irvin. She stated the residents in the area had reviewed
the Transportation Plan submitted by Chesapeake and were very concerned about the increased
neighborhood traffic and pointed out that the left turn lane was already extremely dangerous. She
stated that the pedestrians walking and jogging in the area were already at risk and would be in greater
danger with the increased traffic. She stated that the proposed location was surrounded by residences
and requested the Council deny any requests for drilling in the area.
Ms. Judy Williams, 9815 Shady Lane, appeared before Council and spoke in opposition to proposed
wastewater treatment facility site numbers two (2) and four (4). She presented a petition to the City
Secretary with 425 signatures in opposition to the proposed wastewater treatment facility at Mary's
Creek.
Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council and spoke regarding contract
language relative to negotiations of a land exchange between the City of Benbrook and the City of Fort
Worth associated with right -of -way acquisition and Mary's Creek.
City Manager Fisseler advised that the City had been working with the City of Benbrook for a number
of years on many issues and stated that during the permitting process, cities had the opportunity to
oppose plants. He added that the City of Benbrook was a water and sewer customer of the City of Fort
Worth, meaning their wastewater was treated by Fort Worth, so it was very typical for the language to
be added to this type of agreement to not allow them to protest a plant that would serve both Fort
Worth and Benbrook.
Mr. Roland Creswell, 3663 Brookland Avenue, appeared before Council and asked when the citizens
would receive answers to the questions that had been submitted at the meeting regarding the proposed
wastewater treatment facility at Mary's Creek. He also stated that the City should try to be a good
neighbor to cities in the area and not impose zoning or other projects in areas where it was opposed by
the residents. He also advised that the cost estimates of the wastewater treatment were too high.
Mr. Frank Crumb, Director, Water Department, advised that staff was working on responses to the
questions submitted at the April 2010 Public Meeting and would place the responses on the City's
website in the future.
Mr. Lee Saldivar, 936 Cardinal Ridge Avenue, appeared before Council and spoke regarding the use of
tasers and requested the Council and Police Department re- evaluate the use of the devices and consider
alternatives. He also expressed condolences to the Jacobs family.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 25 of 26
(XV. CITIZEN PRESENTATIONS Continued)
Ms. Laura Hayes, 6115 Portrush Drive, completed a citizen presentation card and was recognized by
Mayor Moncrief but did not wish to address the Council.
XVIL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 11:28 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,
and as authorized by Section 551.071 of the Texas Government Code:
a. City of Fort Worth v. Sunrise Apartments, 4909 E. Lancaster Avenue, Fort Worth, Texas (In Rem),
and Des Moines, Inc., 153- 233178 -08;
b. Legal issues concerning city -owned property located on North University near Rockwood Park;
c. Legal issues regarding the certification of applications for alcohol permits;
d. Linda L. Shilling v. City of Fort Worth, Cause No. 07 -02 -125;
e. Legal issues concerning any item listed on today's City Council meeting agendas; and
2. Deliberate the purchase, exchange, 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 economic development negotiations as authorized by Section 551.087 of the Texas
Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
The City Council reconvened into regular session at 12:05 p.m.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 18, 2010
PAGE 26 of 26
XVII. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:05 p.m. in memory of Mrs. Deborah
Dickey Beggs Moncrief.
These minutes approved by the Fort Worth City Council on the 8h day of June, 2010.
Attest:
Approved:
Marty He ix Michael J.
City Secretary Mayor