HomeMy WebLinkAbout2010/09/21-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
Present
Mayor Mike Moncrief
Mayor Pro tem Daniel Scarth, District 4
Council Member Salvador Espino, District 2
Council Member W. B. "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Prevent
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 7:03 p.m. on Tuesday, September 21, 2010, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II. INVOCATION - Pastor Jim Brasel, Ridglea Presbyterian Church
The invocation was provided by Pastor Jim Brasel, Ridglea Presbyterian Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
1 w
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
the minutes of the regular meeting of September 14, 2010, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
City Manager Fisseler requested that Mayor and Council Communication No. G -17051 be withdrawn
from the Consent Agenda to allow for a public hearing to be conducted.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 2 of 30
'• . 1 1 " '•
There were no items to be withdrawn or continued by staff.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to
zero (0) nays.
A. General - Consent Items
2. M &C G -17052 - Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth
and Tarrant County Criminal District Attorney's Office v. Greg Abbott, Attorney General of
Texas, Cause Number D- 1- GV -10- 001346 -1, Filed on August 12, 2010, in the 345th District
Court of Travis County, Texas.
Approved by the City Council as recommended and as follows: Adopting Resolution No. 3919 -09-
2010 Ratifying the Lawsuit Entitled City of Fort Worth, and Tarrant County Criminal District
Attorney's Office v. Greg Abbott, Attorney General of Texas, Cause No. D- 1- GV -10- 001346 -1; Filed
by the City Attorney on August 12, 2010, in the 345th District Court of Travis County, Texas.
3. M &C G -17053 - Authorize Payment to the Standing Steering Committee of Oncor Electric
Delivery Service Area Cities in the Amount of $72,025.00 to Fund Participation in Current and
Upcoming Electric Utility Dockets and Rulemakings at the Texas Public Utilities Commission.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to Pay
the Standing Steering Committee of Oncor Electric Delivery Service Area Cities the Sum of
$72,025.00, to Fund Participation by the City in Any Current and Upcoming Electric Utility Dockets
and Rulemakings Before the Texas Public Utilities Commission.
4. M &C G -17054 - Authorize the Temporary Road Closure of Burnett Street Between Belknap
Street and Weatherford Street from September 22, 2010 to December 17, 2010.
Approved by the City Council as recommended and as follows: Authorizing the Temporary Road
Closure of Burnett Street From Belknap Street to Weatherford Street From September 22, 2010, to
December 17, 2010, to Facilitate Construction of a Tunnel Associated With the New Tarrant County
Jail Project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 3 of 30
(VII. CONSENT AGENDA Continued)
5. M &C G -17055 - Authorize a Time Extension of the Temporary Road Closure of Randol Mill
Road Between Cooks Lane and Lowery Road from August 29, 2010 through October 9, 2010.
Approved by the City Council as recommended and as follows: Authorizing a Time Extension of the
Temporary Road Closure of Randol Mill Road Between Cooks Lane and Lowery Road From
August 29, 2010, Through October 9, 2010, to Facilitate Construction of a 42 -Inch Sanitary Sewer.
6. M &C G -17056 - Authorize the Provision of Water and Sewer Service at 1.25 Times the Retail
Rate to Avondale Haslet Dental Center, to Serve a Property Located at 1377 Avondale Haslet
Road in Tarrant County Outside of the Fort Worth City Limits Pursuant to City Code Section
35 -60B Uses Outside City.
Approved by the City Council as recommended and as follows: Authorizing the Water Department to
Provide Water and Sewer Service at 1.25 Times the Retail Rate to Avondale Haslet Dental Center to
Serve a Property Located at 1377 Avondale Haslet Road in Tarrant County Outside of the Fort Worth
City Limits Pursuant to City Code Section 35 -60B Uses Outside City; and Authorizing the City
Manager to Execute an Agreement for Such Services.
7. M &C G -17057 - Authorize the Execution of Agreements for the Provision of Laboratory
Testing Services for Water and Wastewater to Other Entities by the Water Department
Laboratory and the Adoption of the Fee Schedule for Such Services Effective October 1, 2010.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Laboratory Testing Service Agreements for Water and Wastewater Testing to Businesses,
Municipalities, Federal and State Agencies Provided by the Water Department Laboratory; and
Approving the Laboratory Services Fee Schedule for the Water Department Laboratory Effective
October 1, 2010.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11165 - Authorize a Purchase Agreement with Fastenal Company for Maintenance,
Repair, and Operating Supplies Using a Texas Multiple Award Schedule Cooperative Contract
for an Initial Amount of $100,000.00.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Authorize a Catalog Purchase Agreement With Fastenal Company for Maintenance, Repair and
Operating Supplies Using a Texas Multiple Award Schedule Cooperative Contract No. 7- 51VO20 for
an Initial Amount of $100,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 4 of 30
(VII. CONSENT AGENDA Continued)
C. Land - Consent Items
1. M &C L -15056 - Authorize the Execution of a Lease Agreement with Edward Traxson d /b /a
the Barber Shop, Inc., for Office Space Located at 6436 Meadowbrook Drive B, for the Police
Department at a Cost of $6,600.00 Per Year.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Lease Agreement With Edward Traxson d /b /a The Barber Shop, Inc., for Approximately
1,020 Square Feet of Office Space Located at 6436 Meadowbrook Drive B, for the Police Department
at a Cost of $6,600.00 Per Year.
2. M &C L -15057 - Execute An Assignment of the License and Option Agreement with 11211
Katy Freeway, L.P., for Use of the Parking Lot Behind 1500 North Main to 1500 North Main
L.L.C.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute an Assignment of the License and Option Agreement with 11211 Katy Freeway, L.P., (City
Secretary Contract No 33089) for Use of the Parking Lot Behind 1500 North Main to 1500 North Main
L.L.C.
E. Award of Contract - Consent Items
1. M &C C -24456 - Authorize Acceptance of Additional $100,000.00 of Low Income
Weatherization Program Funds from the Texas Association of Community Action Agencies, Inc.,
Authorize Related Contract Amendment and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Accept an Additional Grant of $100,000.00 From the Texas Association of Community Action
Agencies, Inc., for a Low Income Weatherization Program; Authorizing the City Manager or His
Designee to Execute a Third Amendment to City Secretary Contract No. 37797 With the Texas
Association of Community Action Agencies, Inc., to Accept Additional Grant Funds; Authorizing the
City Manager or His Designee to Execute, Amend, Extend or Renew Necessary Contracts or Other
Related Documents in Accordance With City Policies and Regulations Upon Mutual Agreement With
Texas Association of Community Action Agencies, Inc.; and Adopting an Appropriation Ordinance
No. 19345 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the
Amount of $100,000.00, Subject to Receipt of a Grant Fund From the Texas Association of
Community Action Agencies, Inc., for the Purpose of Funding a Low Income Weatherization Program.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 5 of 30
(VII. CONSENT AGENDA Continued)
2. M &C C -24457 - Authorize Change Order No. 3 in the Amount of $52,498.33 to City Secretary
No. 38026 with JLB Contracting, L.L.C., for Pavement Reconstruction and Water and Sanitary
Sewer Main Replacements on Portions of Hudson Street, Collard Street, Hazeline Drive and
Perkins Street.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 3 in the Amount of $52,498.33 to City Secretary Contract 38026 With 7LB
Contracting, L.L.C., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements
on Portions of Hudson Street, Collard Street, Hazeline Drive and Perkins Street Thereby Revising the
Total Contract Amount to $1,888,046.28.
3. M &C C -24458 - Authorize the Execution of a Contract with Tri -tech Construction, Inc., in
the Amount of $196,454.00 for the East Harvey Storm Drain Improvements.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract With Tri-Tech Construction, Inc., in the Amount of $196,454.00 for the
Construction of the East Harvey Storm Drain Improvements.
4. M &C C -24459 - Authorize a Crossing Closure Agreement with the Texas Department of
Transportation and the Union Pacific Railroad to Close the Ramsey Avenue Railroad Crossing
Under which TxDOT Will Reimburse the City Up to $150,000.00 for the Installation of Safety
Improvements and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Enter Into a Crossing Closure Agreement with the Texas Department of Transportation (TxDOT) and
the Union Pacific Railroad to Close the Ramsey Avenue Railroad Crossing to Vehicular and Pedestrian
Traffic Under Which TxDOT Will Reimburse the City Up to $150,000.00 for the Installation of
Barricades and Other Safety Improvements in the Area; and Adopting Appropriation Ordinance No.
19346 -09 -2010 Increasing the Estimated Receipts and Appropriations in the 2007 Critical Capital
Projects Fund in the Amount of $150,000.00, From Available Funds for the Purpose of Funding the
Installation of Barricades and Other Safety Improvements Per Crossing Closure Agreement With
TxDOT and Union Pacific Railroad.
5. M &C C -24460 - Authorize the Execution of an Agreement with ANA Consultants, LLC, in
the Amount of $219,679.00 for the Bonnie Brae and Carter - Riverside Neighborhoods Drainage
Master Plan, Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund
Balance by the Same Amount, and Adopt Supplemental Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 6 of 30
(VII. CONSENT AGENDA Continued)
Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation
Ordinance No. 19347 -09 -2010 Increasing the Estimated Receipts and Appropriations in the
Stormwater Utility Fund in the Amount of $219,679.00, and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Bonnie Brae and
Carter - Riverside Neighborhoods Drainage Master Plan; and Authorizing the City Manager to Execute
an Agreement With ANA Consultants, LLC.
6. M &C C -24461 - Authorize the Execution of an Agreement with Baird, Hampton & Brown,
Inc., in the Amount of $68,925.00 for the Burton Hill Trinity Trails Neighborhood Drainage
Master Plan.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute an Agreement With Baird, Hampton & Brown, Inc., in the Amount of $68,925.00 for the
Burton Hill Trinity Trails Neighborhood Drainage Master Plan.
7. M &C C -24462 - Authorize the Execution of an Agreement with Kimley -Horn & Associates,
Inc., in the Amount of $279,100.00 for the Lake Country Estates Drainage Master Plan,
Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Unreserved,
Undesignated Fund Balance by the Same Amount and Adopt Supplemental Appropriation
Ordinance.
Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation
Ordinance No. 19348 -09 -2010 Increasing the Estimated Receipts and Appropriations in the
Stormwater Utility Fund in the Amount of $279,100.00, and Decreasing the Unreserved, Undesignated
Fund Balance by the Same Amount, for the Purpose of Funding the Lake Country Estates Drainage
Master Plan; and Authorizing the City Manager to Execute an Agreement With Kimley -Horn &
Associates, Inc.
8. M &C C -24463 - Authorize an Engineering Agreement with Halff Associates, Inc., in the
Amount of $133,116.00 for the Seybold Creek Master Plan, Decreasing the Unaudited,
Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount, and Adopt
Supplemental Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation
Ordinance No. 19349 -09 -2010 Increasing the Estimated Receipts and Appropriations in the
Stormwater Utility Fund in the Amount of $133,116.00 and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance by the Same Amount, for the Purpose of Funding the Seybold Creek
Master Plan; and, Authorizing the City Manager to Execute an Engineering Agreement With Halff
Associates, Inc.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 7 of 30
(VII. CONSENT AGENDA Continued)
9. M &C C -24464 - Authorize the Execution of an Agreement with Stream Water Group, Inc., in
the Amount of $143,787.00 for the Country Day Channel, Xavier Channel, and Marlborough
Channel Letter of Map Revision Preparation, Increasing Appropriations in the Stormwater
Utility Fund and Decreasing the Unreserved, Undesignated Stormwater Utility Fund Balance by
the Same Amount and Adopt Supplemental Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation
Ordinance No. 19350 -09 -2010 Increasing the Estimated Receipts and Appropriations in the
Stormwater Utility Fund in the Amount of $143,787.00 and Decreasing the Unreserved, Undesignated
Fund Balance by the Same Amount, for the Purpose of Funding the Country Day Channel, Xavier
Channel and Marlborough Channel Letter of Map Revision Preparation; and Authorizing the City
Manager to Execute an Engineering Agreement With Stream Water Group, Inc.
10. M &C C -24465 - Authorize the Execution of Change Order No. 1 in the Amount of
$68,500.00 to City Secretary Contract No. 40498 with Craig Olden, Inc., for the Permanent
Repair of the Retaining Wall Located at the Vickery Boulevard and Hulen Street Intersection.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 1 in the Amount of $68,500.00 to City Secretary Contract No. 40498 With
Craig Olden, Inc., for the Permanent Repair of the Retaining Wall Located at the Vickery Boulevard
and Hulen Street Intersection Thereby Increasing the Total Contract Amount to $343,500.00.
11. M &C C -24466 - Authorize the City Manager to Execute a Contract with the Boys and Girls
Clubs of Greater Fort Worth in the Amount of $276,454.00 to Continue Operation of the
Polytechnic Martin Boys and Girls Club and Kirkpatrick Middle School Youth Safe Haven
Programs.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Contract Not to Exceed $276,454.00 With the Boys and Girls Clubs of Greater Fort Worth
to Continue Operation of a Youth Safe Haven Program at Polytechnic Martin Boys and Girls Club and
Kirkpatrick Middle School; and Authorizing the Contract to be Extended for Up to Four (4) One (1)
Year Periods Without Further Action From City Council.
12. M &C C -24467 - Ratify an Agreement with and Accept $8,206.10 from the Safe City
Commission for the City to Provide Enforcement in the Northside of Fort Worth Through a
Weed and Seed Grant and Adopt Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 8 of 30
(VII. CONSENT AGENDA Continued)
Approved by the City Council as recommended and as follows: Ratifying an Agreement With the Safe
City Commission for the City to Provide Enforcement in the Northside Area of Fort Worth Using
Weed and Seed Grant Funding; Authorizing the City Manager to Accept $8,206.10 From the Safe City
Commission to Reimburse the City for Law Enforcement Provided; and Adopting the Appropriation
Ordinance No. 19351 -09 -2010 Increasing the Estimated Receipts and Appropriations in the Grants
Fund, Subject to Receipt of the Funds.
13. M &C C -24468 - Authorize an Agreement with ESi Acquisition, Inc., Using a State of Texas
Department of Information Resources Contract to Purchase WebEOC Software and Hosting
and Support Services for the City's Emergency Operations Center in the Amount of $135,800.00.
Approved by the City Council as recommended and as follows: Authorizing an Agreement With ESi
Acquisition, Inc., Using State of Texas Department of Information Resources Contract No. DIR -SDD-
822 to Purchase WebEOC Software and Hosting and Support Services for the City's Emergency
Operations Center Using Urban Area Security Initiative Grant Dollars in the Amount of $135,800.00.
14. M &C C -24469 - Authorize an Engineering Agreement in the Amount of $212,204.00 with
A.N.A Consultants, L.L.C., for Water and Sanitary Sewer Replacement Contract 2009, WSM -A
on 5th Avenue, 6th Avenue, Ryan Avenue, Ryan Place Drive, Stadium Drive, Avondale Street,
Frazier Avenue and Merida Avenue and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the Transfer of
$240,204.00 From the Water and Sewer Fund, $216,372.00 to the Water Capital Projects Fund and
$23,832.00 to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19352 -09-
2010 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund in the
Amount of $216,372.00 and in the Sewer Capital Projects Fund in the Amount of $23,832.00, From
Available Funds, for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2009,
WSM -A on 5th Avenue, 6th Avenue, Ryan Avenue, Ryan Place Drive, Stadium Drive, Avondale
Street, Frazier Avenue and Merida Avenue; and Authorizing the City Manager to Execute a Contract
in the Amount of $212,204.00 With A.N.A Consultants, L.L.C.
15. M &C C -24470 - Authorize the Execution of Amendment No. 2 in the Amount of $83,835.00
to City Secretary Contract No. 28008 with Camp Dresser & McKee, Inc., for Construction
Management of the Village Creek Wastewater Treatment Plant High Rate Clarification Project.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 2 in the Amount of $83,835.00 to City Secretary Contract No. 28008 With
Camp Dresser & McKee, Inc., for the Construction Management of the Village Creek Wastewater
Treatment Plant High Rate Clarification Project, Increasing the Total Contract Cost to $2,184,538.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 9 of 30
(VII. CONSENT AGENDA Continued)
16. M &C C -24471 - Authorize the Execution of a Contract for Water and Wastewater
Emergency Response with Ace Pipe Cleaning, Inc., in the Amount of $49,300.00.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute a Water and Wastewater Emergency Response Contract with Ace Pipe Cleaning, Inc., in the
Amount of $49,300.00.
17. M &C C -24472 - Authorize Amendment No. 1 in the Amount of $815,922.00 to City Secretary
Contract No. 38334 with Freese & Nichols, Inc., for the North and South Holly Water Treatment
Plant Ozone Upgrade Project.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Amendment No. 1 in the Amount of $815,922.00 to City Secretary Contract No. 38334 With
Freese & Nichols, Inc., for the North and South Holly Water Treatment Plant Ozone Upgrade Project
for Design Modifications and Professional Services During Construction, Thereby Increasing the
Amount of the Contract to $3,406,817.00.
18. M &C C -24473 - Authorize a Contract in the Amount of $665,817.00 with Laughley Bridge &
Construction, Inc., for Sanitary Sewer Rehabilitation Contract LVI (56), Part 2, on Portions of
West Peter Smith Street, West Cannon Street, West Leuda Street, West Terrell Avenue, College
Avenue, Alston Avenue and Lipscomb Street and Adopt Appropriation Ordinance.
Approved by the City Council as recommended and as follows: Authorizing the Transfer of
$722,817.00 From the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting
Appropriation Ordinance No. 19353 -09 -2010 Increasing the Estimated Receipts and Appropriations in
the Sewer Capital Projects Fund From Available Funds, for Sanitary Sewer Rehabilitation Contract
LVI (56), Part 2; and Authorizing the City Manager to Execute a Contract in the Amount of
$665,817.00 With Laughley Bridge & Construction, Inc., for the Installation of Sanitary Sewer Mains
on the Following Streets:
Street From
West Peter Smith Street Fulton Street
West Cannon Street
West Leuda Street
West Terrell Avenue
College Avenue
College Avenue
Alston Avenue
Lipscomb Street
Lipscomb Street
Lipscomb Street
Alston Avenue
170 Feet West of South Cannon
Street
West Terrell Avenue
West Leuda Street
West Terrell Avenue
To
130 Feet East of South Henderson Street
240 Feet East of College Avenue
College Avenue
College Avenue
100 Feet North of West Terrell North
Avenue
140 Feet North of West Rosedale Street
100 Feet North of West Rosedale Street
450 Feet North of West Rosedale Street
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 10 of 30
(VII. CONSENT AGENDA Continued)
19. M &C C -24474 - Authorize Change Order No. 3 in the Amount of $35,378.10 to City
Secretary Contract No. 38348 with 2L Construction, LLC, for Oakmont and Clear Fork Park
Improvements.
Approved by the City Council as recommended and as follows: Authorizing the City Manager to
Execute Change Order No. 3 in the Amount of $35,378.10 to City Secretary Contract No. 38348 With
2L Construction, LLC, for Oakmont and Clear Fork Park Improvements, Thereby Revising the Total
Contract Amount to $1,242,290.70.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. * *OCS - 1785 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
A. General - Consent Items (Withdrawn from the Consent Agenda for Individual Consideration)
1. M &C G -17051 - Adout Ordinance Establishing Maximum Permitted Rates and Charges that
Atmos Ene r y r ra - ex vs ay Assess Customers in the Citj f Fort Worth
The recommendation was that the City Council Conduct a Public Hearing to adopt an Ordinance
Establishing Maximum Permitted Rates and Charges That Atmos Energy Corporation, Mid -Tex
Division, May Assess Customers in the City of Fort Worth; Approving and Ratifying a Related
Settlement and Resolution Between Atmos Energy, Corporation, Mid -Tex Division, and the Atmos
Cities Steering Committee, of Which the City is a Member; Adopting Declarations and Findings
Related to Rates and Charges Assessed to Customers in the City of Fort Worth, Regarding Atmos's
Proposed Rate Increase Under its 2010 Rate Review Mechanism Filing.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. Report of City Staff
Ms. Bridgette Garrett, Utilities Administrator, Law 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
SEPTEMBER 21, 2010
PAGE 11 of 30
(G -17051 Continued)
c. Council Action
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that the Public
Hearing be closed, and Mayor and Council Communication No. G -17051 be approved and
Ordinance No. 19354 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
IX. SPECIAL PRESENTATIONS INTRODUCTIONS,_ ETC
1. Presentation of Proclamation for Jubilee Theatre Da y
Council Member Hicks presented the Proclamation for Jubilee Theatre Day to Ms. Joy Thomas, Chair,
Board of Directors, Mr. Benjamin Espino, Managing Director of Jubilee Theatre and Ms. Marian
Eastman, Co- Founder of Jubilee Theatre. She stated that in 1981, Jubilee Theatre was founded in Fort
Worth by Rudy and Marian Eastman with a mission to create and produce theatrical works that
reflected the African- American experience. She further stated that for the past 30 years, Jubilee
Theatre had been dedicated to promoting and presenting new works with a special focus on both
musicals and plays, as well as, finding and presenting the universal message in those works thereby
attracting a diverse and multicultural audience. She advised that Jubilee Theatre reached over 18,000
individuals annually at its location in Sundance Square and nurtured the next generation of artists
through collaborative programming with the Fort Worth Independent School District. She pointed out
that over the last three (3) decades, Jubilee Theatre had become an important and vibrant part of the
arts community in Fort Worth and added that the City was pleased to honor them as they celebrated
their 30th anniversary season.
Ms. Thomas expressed appreciation to the Mayor and Council for the proclamation and invited the
Council to become season subscribers to the Jubilee Theatre.
Mayor Moncrief expressed appreciation to Jubilee Theatre for their hard work in the community and
wished them future success.
Council Member Burns stated that Jubilee Theatre was an incredible resource known internationally.
Mr. Espino advised that individuals could visit www.jubileetheatre.org for more information about
events and membership.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 12 of 30
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1. Upcoming a nd Recent Events
Council Member Burns announced that his monthly neighborhood office hours would be held on
September 22, 2010, from 3:00 p.m. to 7:00 p.m., at the Texas Christian University Student Center,
located at 2901 Stadium Drive. He also announced a Back -to- School Bash would be held on
September 25, 2010, from noon to 4:00 p.m. at the Greenbriar Community Center, located at 5200
Hemphill Street. He also advised that the District 9 Town Hall Meeting would be held on
October 18, 2010, from 6:00 p.m. to 8:00 p.m., at Catholic Charities Fort Worth and added that more
information would follow soon.
Council Member Hicks announced September 19 -26, 2010, was National Employee Old Workers
Week. She stated this program helped one (1) million older workers enter the workforce. She advised
that a Workforce Forum would be held on September 22, 2010, from 9:00 a.m. to noon, at the
Resource Connection Gym, located at 1400 Circle Drive. She also announced that a Community Police
Forum would be held on September 28, 2010, from 7:00 p.m. to 8:00 p.m., at the Hazel Harvey Peace
Center for Neighborhoods, located at 818 Missouri Avenue. She further advised that a public meeting
regarding the Sycamore Park Master Plan and park improvements would be held on September 29,
2010, at 6:30 p.m., at the Sycamore Community Center, located at 2525 East Rosedale Street. She
added that individuals could contact the District 8 Office at 817 - 392 -8808 for more information about
any of the events.
Mayor Pro tem Scarth congratulated Mr. Fernando Costa, Assistant City Manager and Chair of the
Vision North Texas Management Committee, for the award received for the Vision North Texas
Project. He advised that Committee was presented with the 2010 Long Range Planning Award for the
North Texas 2050 Plan by the American Planning Association, Texas Chapter. He stated that the
purpose of this project was to prepare for the millions of individuals that would be coming to the
region over the next 40 years. He also advised that Closed Captioning of the Council meetings was
available on the internet and City cable channel. He stated Tracey Mitchell, Let's Talk Fort Worth and
member of the Human Relation Commission, had brought to his attention the importance of providing
adequate services for the deaf and hard of hearing community. He stated Open Captioning would soon
be available in the Council Chamber and expressed appreciation to Ms. Mitchell and Estrus Tucker,
Chair, Human Relations Commission, for their hard work on the project.
Council Member Burdette advised that for over eight (8) years the United States had been working
toward freedom and democracy in Iraq. He further advised that the State Department selected eight (8)
Iraqi politicians from various elected offices, to travel to various cities in the United States to learn
about democracy in government. He stated that he met with the politicians on September 17, 2010, for
an hour to discuss municipal government. He stated the meeting was an excellent experience and
wished the politicians great future success.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 13 of 30
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF - #1 Continued)
Mayor Moncrief expressed appreciation to Council Member Burdette for representing the City at that
important meeting.
Council Member Moss expressed appreciation to Ramey Place Neighborhood Association, Fort Worth
Independent School District, Tarrant County Community College, Chase Bank and Holy Tabernacle
Church of God and Christ for their participation in a meeting that was held to discuss redevelopment
issues near Ramey Place and Loop 820. He stated issues relative to the mowing of rights -of -way near
Ramey Place had been resolved and a good partnership was development.
Council Member Espino announced that the groundbreaking ceremony for the widening of Golden
Triangle Boulevard, from I -35 to US -377, would be held on September 22, 2010, at 10:00 a.m. He
stated this very important east to west arterial project was a $26.9M collaboration between the Texas
Department of Transportation, the Federal Government, Tarrant County and the City and would
provide a four (4) lane divided roadway and help resolve traffic issues. He also announced that in
celebration of Hispanic Heritage Month, the Kimball Art Museum will welcome children and adults of
all ages to a free event on October 10, 2010, from noon to 5:00 p.m., that will celebrate the rich culture
of the ancient Maya. He advised that patrons could see more than 90 works of Mayan art, many of
which had never been displayed in the United States, including massive, carved stone monuments;
exquisitely decorated vessels; charming sculpted human and animal figurines; and lavish goods crafted
from jade, gold and turquoise. He stated the events would include performances from Latin Express,
Grupo Pakal, Ballet Folklorico de Fort Worth, Coro Yidzat it Kay, and Mariachis, as well as, art
activities and face painting.
Council Member Hicks also announced that the West Meadowbrook Neighborhood Association would
hold a Safety Fair on September 25, 2010, from 9:00 a.m. to noon. She also added that the Hispanic
Heritage Employee Celebration held on September 16, 2010, was a well attended wonderful event.
Mayor Moncrief announced that the Fort Worth Firefighters had partnered with the Joan Katz Breast
Center at Baylor All Saints Medical Center to participate in the national Cares Enough to Wear Pink
Campaign. He stated the firefighters would be wearing pink duty t -shirts on October 14 -16, 2010, and
would have six (6) engines outfitted with the campaign logo as well as pink striping to show their
support during Breast Cancer Awareness Month. He also stated that t -shirts would be available for
purchase at the press conference on September 22, 2010, at 10:00 a.m., at the Baylor All Saints
Medical Center and online and retail outlet sales would begin on October 1, 2010.
Council Member Espino also announced that Texas Christian University (TCU) was undefeated in the
2010 Football Season and stated that the TCU Horned Frogs would take on the Southern Methodist
University (SMU) Mustangs at Ford Stadium on September 24, 2010, for The Battle for the Iron
Skillet. He encouraged everyone to wear purple to support the Horned Frogs.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 14 of 30
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
2. BgL2gnition of Citizens
There were no citizens recognized at this time
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 15 of 30
(XIII. BUDGET HEARING Continued)
Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council in opposition to Agenda Item
XIII. Budget Hearing and referenced a presentation by Elizabeth Morris, CEO /Chief Economist,
Insight Research Corporation on May 25, 2010. She questioned what the cost was to have Ms. Morris
tell the Council and public that there was in a recession, something that everyone already knew. She
stated those funds could have been used to pay for something else that was going to be cut from the
budget.
Ms. Linda Walsh Jenkins, 5021 Granite Shoals Avenue, appeared before Council in opposition to
Agenda Item XIII. Budget Hearing and relative to closing the public pools. She stated that she would
support a modest tax increase in order to keep the pools and other valuable City resources available to
the citizens. She stated that she served on the Gateway Park Advisory Committee and advised that a
Parks and Community Services Department representative suggested the way to lower drowning
deaths in the City was to teach children to swim through public programs in the community and in
schools. She pointed out by closing the pools the City was curtailing these programs.
Ms. Tolli Thomas, 5341 Wooten Drive, appeared before Council in opposition to Agenda Item XIII.
Budget Hearing and stated she had reviewed the budget with a panel of ladies. She advised that the
"seven (7) deadly sins" of the FY 2011 budget were: 1) millions of dollars spent on outside consultants
and lobbyists; 2) millions of dollars spent on contracts with undisclosed details; 3) millions in
economic incentive packages for corporations; 4) millions lost by decreased property taxes; 5) the
Trinity River Vision project; 6) $4.5M spent on Superbowl XLV funding; and 7) asking the citizens of
Fort Worth to endure the cuts and losses due to the millions of dollars being spent on private interest.
She requested the Council delay adoption of the budget to allow for prioritization of key services.
Mr. Jeffrey Rothenberg, 4062 Modlin Avenue, appeared before Council in opposition to Agenda Item
XIII. Budget Hearing and discussed four (4) budget - related points: 1) furlough dates for City
employees and salary cuts for City Administrators; 2) the Police Department should not be used as a
revenue generator and use the Crime Control and Prevention District (CCPD) funds to keep pools and
libraries open; 3) reduce the debt load by selling the city -owned hotel and golf courses 4) no livestock
exemption for large tracts of land waiting to be developed.
Mayor Moncrief clarified that the City did not own the Convention Center Hotel and private funding
was contributed. He also advised that there were no furlough dates for employees proposed in the FY
2011 budget. He further stated that the City Manager and Assistant City Managers were included in the
pay reduction relative to the furlough in FY 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 16 of 30
(XIII. BUDGET HEARING Continued)
Council Member Hicks clarified that the Council was also included in the pay reduction for FY 2010
and advised that CCPD funds could not be used for General Fund issues.
The following individuals appeared before Council in opposition to Agenda Item XIII. Budget Hearing
and relative to the Trinity River Vision project and encouraged the City to limit the contribution to
$26M. They stated this would protect the City, the taxpayers and the project. They also referenced
newspaper articles from the Fort Worth Star - Telegram regarding the project and how rechanneling the
river would cause flooding downriver and more funds to be spent. They stated the project and funding
had changed considerably since the beginning and the funding amount should be reconsidered.
Mr. Tracey Smith, 2300 West Magnolia Avenue
Mr. Clyde Picht, 5016 Monarda Way
Mayor Pro tem Scarth clarified that the Council had only authorized a $26M contribution for the
Trinity River Vision Project. He stated that this Council could not obligate future Councils for
spending nor could the current Council regulate what a future Council could spend on the project.
Mr. Richard Clough, 7729 Incline Terrace, appeared before Council in opposition to Agenda Item
XIII. Budget Hearing and provided a handout detailing the largest Texas cities and their respective
property tax rates. He stated Fort Worth had the highest tax rate and was still in debt. He also stated
that foreclosure rates were at an all time high and the City wanted to add more fees and as poverty
increased, families suffered. He advised that he supported paying City employees well and stated that
the City should not be running golf courses, paying for lobbyists or taxing necessities such as water.
He further advised that raising taxes would only lower the sale tax revenue because people would have
less to spend.
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council in opposition to Agenda Item XIII.
Budget Hearing and displayed photographs of the Police Department Training Center on Henderson
and suggested that location for the helipad. He also displayed various photographs of code violations
such as damaged bus stop signs and unsafe bus stop areas. He showed pictures of the new Crime Lab
and new Police Station and stated the facilities were nearly vacant and should not have been built. He
also showed a picture of the Zipper Building and stated the $6.5M spent on the building was a waste of
money. He advised that the City was not taking care of their employees and added that the City was
laying off employees because they wished to use contract and temporary help to avoid paying benefits.
Ms. Esther McElfish, representing the North Central Texas Community Alliance, 7112 Martha Lane,
appeared before Council in opposition to Agenda Item XIII. Budget Hearing and gave four (4)
recommendations: a full audit of all Tax Increment Financing (TIF) districts (displayed slides relative
to each TIF district); increase in fees for industry participants, such as gas well permit fees; the
assessment of an environmental impact fee; and the reduction of spending on Superbowl XLV. She
also suggested not supporting Cabella's store any longer with tax incentives.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 17 of 30
(XIII. BUDGET HEARING Continued)
Council Member Jordan announced his private interest with Chesapeake and Council Member Hicks
announced her private business relationship with United Way. They stated that they had been advised
they did not have conflicts of interest relative to Ordinance No. 1. and could vote on the ordinance.
City Attorney Yett confirmed that the potential conflicts of interest had been reviewed and Council
Members Jordan and Hicks could vote on the ordinance since a contract was not involved with
Chesapeake or United Way and they were only listed as potential donors of funds to various
departments.
Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Hicks, Burns, Espino, Moss,
Zimmerman, Jordan and Burdette expressed their support of the proposed budget and their
appreciation to City Manager Fisseler and staff for presenting a balanced, responsible, logical and
compassionate budget. They added that the budget process was long and tedious and stated that the
budget process was started six (6) month sooner than in previous budgets. They stated that the budget
was balanced while trying to maintain the core services and minimizing the impact on the citizens.
They also expressed appreciation to all of the individuals who articulated their support or opposition to
the budget by email, phone calls and attending the budget hearings. They stated that there was no right
or fair way to lay off employees and stated that the Council looked to staff to evaluate employees and
make management decisions that would be in the best interest of the City. They stated that the budget
that was passed was not one that was not perfect, but was the best compromise and supported the
quality of life expected by the citizens.
Mayor Moncrief, Mayor Pro tem Scarth, and Council Members Hicks, Burns, Espino, Moss,
Zimmerman and Jordan expressed concern over the reorganization of the Environmental Management
Services Department as well as the consolidation of the Parks and Community Services Department
with the Library Department. They stated that a committee should be comprised of industry experts,
staff members, Council appointed committee members and private foundation members to perform a
study to determine if merger of the two (2) departments was feasible. They also expressed concern
over closing the Forest Park public pool and stated they hoped it was possible for a public /private
partnership to provide funding in the future for all public pools. They also advised of apprehension
relative to any possible reduction of library hours or closures of branch libraries in the future. There
was concern expressed about the need to revisit the City's Aquatic Master Plan and Library Master
Plan and that there existed a disconnect between what the plans called for and the City's budget
capabilities particularly in tough financial times. Comments were made about concerns for the
reduction in the City's Communication Department, elimination of the "City Page" in the Fort Worth
Star Telegram and elimination of other staff that provided information in the City's website and
responded to other communication needs. Statements were also made regarding the need to address the
pension issues. They also advised that they did not support reduction of staff for the Police or the Fire
Departments as public safety was the most important issue to the Council Members. They stated that
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 18 of 30
(XIII. BUDGET HEARING Continued)
there was initial concern over funding relative to citywide mowing, which was already a major
problem in the City, and expressed appreciation for the funding having been restored to the FY 2011
budget.
XIV. RESOLUTIONS
1. A Resolution Approving Budget for Dallas/Fort
Airport
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Resolution No. 3920 -09 -2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
2. A Resolution Approving the 20 Year Funding Plan for Retiree Healthcare Benefits
Fort Worth Eligible Retirees I
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Resolution No. 3921 -09 -2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
3. A Resolution Rescinding the Financial Management Polio Statement Governing Ad Valorem
Tax Revenue from Mineral Values
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that
Resolution No. 3922 -09 -2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
XV. ORDINANCES
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 19 of 30
(XV. ORDINANCES Continued)
Council Members Jordan and Hicks reiterated their comments regarding the potential conflicts of
interest and advised they would vote on this ordinance.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Ordinance No. 19355 -09 -2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Ordinance No. 19356 -09 -2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that
Ordinance No. 19357 -09 -2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
City Manager Fisseler expressed appreciation, on behalf of the staff, to the Council for their work on
this very difficult budget. He stated that the Council was respectful of both citizens and employees and
it was that type of relationship that set this City apart from other cities in the nation. He further stated
that he had confidence that the Council and staff could work together to get through any challenging
budgets in the future.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 20 of 30
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Ordinance
No. 19358-09-2010 be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
porilrri i
Providin2 the Securitv Therefore;'' Providin2 for the Sale, Execution and Defivery There-41
Subiect to Certain Parameters; and Providin2 Other Terms, Provisions and Covenants wit
Respect Thereto 11
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Ordinance No. 19359-09-2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
.....................
lit'1111'"I'MAIVIN U111's
Providin2 the Security ''Therefore; Providing for the Sale,'' Execution and Delivery There,
Subject to Certain Parameters; and Providin Other Terms, Provisions and Covenants willt
Respect Thereto I
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that
Ordinance No. 19360-09-2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
�'=l 011 11111,111111 111:111:111:r111�11, 1111 1 111111 1 �M 77 'Up],
. ................ ...................... . ...
...........................................
Lawful Purposes; Providim the Securitv Therefore; Providin2 for the Sale, Execution and
-ject to Certain Parametprs;..,jpq.y1rqy�0�4g. Other Terws,j�r sions and
Covenants with Respect Thereto
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that
Ordinance No. 19361-09-2010 be approved. The motion carried unanimously nine (9) ayes
to zero (0) nays.
XVL REPORT OF THE CITY MANAGER
B. General
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 21 of 30
-� tin
c
The recommendation was that the City Council authorize the Fiscal Year 2010 Budgeted Transfer of
$5,194,768.00 to the Public Agencies Retirement Services Retiree Health Care.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. G -17058 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
....,,,.,
� � I
The recommendation was that the City Council adopt the Proposed Amendment to the Master
Thoroughfare Plan MT -10 -002 to Realign a Future Minor Arterial, Lakeshore Drive (Temporary
Name), Between East Berry and Wilbarger Streets Along Lake Arlington Approximately 500 to 1,600
Feet East of the Alignment Shown in the Current Master Thoroughfare Plan.
Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. G -17059 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
C. Purchase of Equipment, Materials, and Services
L MSC P -11166 - Authorize a Purchase Agreement with UnlfledEdge, Inc., for Radio Over
Internet Protocol Software, ar are, and e ate ServicELUsing a State of Texas Depart e t
of Information Resources Contract for an Initial Amount of $26a,3aa.a0.
The recommendation was that the City Council authorize a Purchase Agreement With UnifiedEdge,
Inc., for Radio Over Internet Protocol Software, Hardware and Related Services Using the State of
Texas Department of Information Resources Contract Number DIR -SDD -936 for an Initial Amount of
$260,300.00.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. P -11166 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 22 of 30
,1
Appropriation Ordinance.,and,,Appropriation Ordinance.
The recommendation was that the City Council authorize a Purchase Agreement With Dell Marketing,
L.P., for Hardware, Technology Services and Maintenance and Support Services Using a State of
Texas Department of Information Resources Contract No. DIR -SDD -890 for an Amount of
$800,000.00 for Equipment Replacement and an Additional $700,000.00 for New Equipment Purchase
for a Total of $1,500,000.00; Adopt a Supplemental Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Information Systems Fund in the Amount of $800,000.00, and
Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of
Transferring Said Funds to the Information Systems Capital Projects Fund; Authorize the Transfer of
$800,000.00 From the Information Systems Fund to the Information System Capital Projects Fund for
Equipment Replacement; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts
and Appropriations in the Information Systems Capital Projects Fund in the Amount of $800,00.00
From Available Funds.
Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. P -11167 be approved and Supplemental Appropriation
Ordinance No. 19362 -09 -2010 and Appropriation Ordinance No. 19363 -09 -2010 be
adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
D. Land
OM
1. „ 1 ; fln, N, Uxl,��TTJJI
Known as Fort Worth Botanic
The recommendation was that the City Council approve the Acceptance of a Lease Agreement for
Natural Gas Drilling Under 110.988 Acres More or Less of City -Owned Properties Known as Fort
Worth Botanic Garden to XTO Energy Inc., for a Two (2) Year Primary Term in the Amount of
$582,801.68.
Mayor Pro tem Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item as well as Mayor and Council Communication L-
15059 and L- 15060.
(Mayor Pro tem Scarth left his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 23 of 30
Council Member Jordan advised that Chesapeake Exploration, LLC., was mentioned in each of these
same agenda items and he disclosed his personal interest; however, since Chesapeake was not
receiving the contract he confirmed with the City Attorney that he would be allowed to vote on these
items.
c c c
Drive .47 Known as 1-30 ROW 11 Located between Universitv
Year Primary Term.
The recommendation was that the City Council approve the Acceptance of a Lease Agreement for
Natural Gas Drilling Under 13.703 Acres of City -Owned Properties Known as I -30 ROW 11, Located
Between University Drive and Montgomery Street, to XTO Energy Inc.
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. L -15059 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent.
Aj
Known as Will Rogers Memorial Center Located at 3401 West Lancaster Avenue.
The recommendation was that the City Council approve the Acceptance of a Lease Agreement for
Natural Gas Drilling Under 144.139 Acres of City -Owned Properties Known as Will Rogers Memorial
Center to XTO Energy Inc., for a Two (2) Year Primary Term.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -15060 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent.
c R111111111111 1111113ill 11111 TF11 1! 1 11 c
Property Tax Code for a Total of $121,846.00.
The recommendation was that the City Council authorize the Sale of 53 Tax - Foreclosed Properties in
Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the
Texas Property Tax Code for a Total of $121,846.00; and Authorize the City Manager, or His
Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest
Bidders in Compliance With the Bid Form Specifications to Complete the Sale.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 24 of 30
(L -15061 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. L -15061 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent.
Mayor Moncrief advised the Council would need to reconsider Mayor and Council Communication
No. L- 15060, as there were citizen comments that needed to be heard in connection with the item.
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, to
reconsider Mayor and Council Communication No. L- 15060. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent.
(The Council moved back up the agenda to reconsider Mayor and Council Communication No. L-
15060.)
Ms. Kim Feil, 409 North Elm Street, Arlington, Texas 76011, appeared before Council in opposition to
Mayor and Council Communication No. L -15060 and stated that gas well drilling under Will Rogers
Memorial Center would tie up the land for at least 30 years and would stifle future development in the
area. She stated that she did not support drilling in an area where there was an abundance of children
and pregnant women or could be potential affected by the harmful effects of gas well drilling. She
requested Council deny this request for a lease agreement.
Council Member Burdette clarified there would be no well heads or drilling on the actual Will Rogers
Memorial Center property. He stated the drilling would take place across the Trinity River.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -15060 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent.
1
By Wood Springs Partners Ltd. and Located at 3665 Keller Hicks Road, for the North Beach
The recommendation was that the City Council Declare That Negotiations Between the City, its
Agents, Subagents and the Landowner to Acquire a Total of 0.213 Acre of Land Owned by Wood
Springs Partners, Ltd., and Known as 3665 Keller Hicks Road, Abstract No. 266, Tract 2J, Francisco
Cuella Survey, City of Fort Worth, Tarrant County, Texas, According to the Deed Recorded by
Instrument No. D207011569, Plat Records, Tarrant County, Texas, Were Unsuccessful Because of the
Inability to Reach an Agreement to Purchase; Declare the Necessity to Take by Condemnation the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 25 of 30
(L -15062 Continued)
Subject Property for the North Beach Street Phase I Roadway Project; Authorize the City Manager to
Institute Condemnation Proceedings to Acquire Fee - Simple Interest in the Surface Estate of the 0.107
Acre Portion, 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 -15062 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Mayor Pro tem Scarth absent.
6. MSC L -15063 - Authorize the Condemnation of a Fee Interest in 0.155 Acres of Land for
Ri- t- - ay and Acres for a Temporary Construction EasementOwned y MIN Jo
Ferrell_ Jr..,,.and Located at 8659 Old Decatur Road, for t e Old Decatur Roadway Project.
The recommendation was that the City Council Declare That Negotiations Between the City, its
Agents, Subagents and the Landowner to Acquire a Total of 0.165 Acre of Land Owned by Billy Jo
Ferrell, Jr., and Known as 869 Old Decatur Road, Tract 1K, I & G N RR Company Survey, City of
Fort Worth, Tarrant County, Texas, According to the Deed Recorded in Volume 012241, Page 918,
Plat Records, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Reach an
Agreement to Purchase; Declare the Necessity to Take by Condemnation the Subject Property for the
Old Dectur Roadway Project; Authorize the City Manager to Institute Condemnation Proceedings to
Acquire Fee - Simple Interest in the Surface Estate, but Not the Mineral Estate of the Property; and
Authorize the Acceptance and Recording of Appropriate Instruments.
(Mayor Pro tem Scarth returned to his place at the dais.)
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. L -15063 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
F. Award of Contract
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 26 of 30
(C -24475 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 27 of 30
< Eli
R�pjaipI on Portions of Parsons Lane, Calhoun Street and Jones Street and AdoDt
Ant)ropriation Ordinance.
The recommendation was that the City Council Authorize the Transfer of $539,035.50 From the Water
and Sewer Fund to the Water Capital Projects Fund in the Amount of $333,121.00 and Sewer Capital
Projects Fund in the Amount of $205,914.50; 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 the Purpose of Funding Pavement Reconstruction and Water
and Sanitary Sewer Replacement on Portions of Calhoun Street, Northeast 21st Street to Northeast
22nd Street, Jones Street, East Northside Drive to Northeast 14th Street and Parsons Lane, Blue
Mound Road to Hardy Street; and Authorize the City Manager to Execute a Contract With McClendon
Construction Company, Inc., in the Amount of $1,314,579.80.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. C -24478 be approved and Appropriation Ordinance No.
19364 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
c c OU"
the Amount of $136,932.00.
c c c
The recommendation was that the City Council Authorize the Use of $136,932.00 From the General
Fund as an In -Kind Match for This Amendment; Apply Indirect Cost at the Rate of 21.48 Percent in
Accordance With the Terms of the State Funded Grant Agreement; and Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$414,945.00, Subject to Receipt of Grant Funds From the Texas Commission on Environmental
Quality for Fiscal Year 2010 -2011 Compliance Monitoring Strategy for Air Quality Program.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C -24479 be approved and Appropriation Ordinance No.
19365 -09 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
Located in Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 28 of 30
(C -24480 Continued)
The recommendation was that the City Council authorize the City Manager to Execute Amendment
No. 1 to City Secretary Contract No. 39973, a Community Facilities Agreement with XTO Energy,
Inc., to Add City Participation in the Amount of $48,642.24 for the Installation of the Sewer Main to
Serve Hemphill Heights, a Development Located in Fort Worth.
Mayor Pro tem Scarth advised 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 Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24480 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem
Scarth.
XVIL ZONING HEARING
It appeared that the City Council, at its meeting of August 24, 2010, continued Zoning Docket No. ZC-
10-116B, City of Fort Worth Planning & Development, Far Greater Northside Neighborhood, Phase 4
312 NW 28th Street, 2911, 2913, 3107, & 3221 N. Main Street From "FR" General Commercial
Restricted, "I" Light Industrial, "J" Medium Industrial, and "PD -834" Planned Development to "FR"
General Commercial Restricted, "PD /I" Planned Development for All Uses in "I" Light Industrial
Excluding Bar, Tavern, Cocktail Lounge, Club, Private or Teen, Club, Commercial or Business,
Massage Parlor, Liquor or Package Store, Tattoo Parlor, Pawn Shop, Crematorium, Fabricating or
Manufactured Housing, Manufactured Home/RV Repair, Paint Mixing or Spraying, Paper Box
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 29 of 30
(ZC- 10 -116B Continued)
Manufacture, Sheet Metal Shop, Warehouse or Bulk Storage, Sexually Oriented Business,
Manufacture of Aluminum, Brass or Other Metals From Bone, Paper, Rubber, Leather or Plastics a
10x20 Landscaped Bufferyard With Screening Fence and Five (5) New Trees a Minimum 3" Caliper
to be Located at West Property Line Adjacent to Residential, the Supplemental Setback Adjacent to
Residential to be a Minimum of 25', All Uses to be Conducted Indoors; Site Plan Waiver Requested
and Retain "PD -834" Planned Development for E Uses Plus Hotel, Site Plan Included.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
Mr. Christopher Bonilla, 8540 Charleston Avenue, completed a speaker card in support of Zoning
Docket No. ZC- 10 -116B, but did not wish to address the Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning
Docket No. ZC- 10 -116B be approved as amended with 2911, 2913 and 3221 North Main
Street to be rezoned as recommended and 3107 North Main Street to retain the "PD -834"
Planned Development zoning. The motion carried unanimously nine (9) ayes to zero (0)
nays.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by
Council Member Moss, that the public hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19366 -09 -2010
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN
ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES,
THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING
AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2010
PAGE 30 of 30
Other Citizen Presentations not on the Regular Agenda:
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and displayed photographs of various
code violations throughout the City. He showed a picture of the Trinity River Vision project sign with
high weeds and showed a picture of kayakers that was part of the Trinity River Vision project sign and
stated there was a kayaking club off of Beach Street that had been there for 30 years, so kayaking
should not be considered visionary and should be removed from the sign. He showed several pictures
of a bus stop area that was a safety hazard due to the hidden dumpster where a person could fall into
the area and requested it be fixed immediately before someone was injured. He also showed
photographs of high grass and weeds at a stoplight on Wilbarger Street; high grass at a residence; and
three (3) examples of power lines that posed threats to citizen's safety due to broken power poles, a
power line hanging on top a street sign and a power line lying on top of a chain link fence.
XVHI. EXECUTIVE SESSION (PRE - COUNCIL CHAMBER)
XIX. ADJOURNMENT
There being no further business, the meeting was adjourned at 9 :22 p.m. in memory of Ms. Elma
Armstrong, mother of Dr. Glemece Robinson, Director, Fort Worth Public Library, and Mr. John
Pierce, Justin Boot Company, a long time friend of Mayor Moncrief's family, who recently passed
away.
These minutes approved by the Fort Worth City Council on the 28th day of September, 2010.
Attest:
Marty He ix
City Secretary
Approved: