HomeMy WebLinkAbout2009/04/28-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
Council Member Salvador Espino, District 2
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Joel Burns, District 9
Staff Present
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
I.CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 10:16 a.m. on Tuesday, April 28, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION- Dr. Jerry Chism,Arlington Heights United Methodist Church
The invocation was provided by Dr. Jerry Chism, Arlington Heights United Methodist Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 21, 2009
Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that the
minutes of the regular meeting of April 21, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 2 of 20
1.Presentation of Proclamation Y Cinco de
Council Member Espino presented a Proclamation for Cinco de Mayo Day to Mr. Willie Goodwin,
Fort Worth Chapter of Latino Peace Officers. Mr. Goodwin accepted the proclamation and introduced
other members of the Chapter, who attended the meeting.
Ms. Jessica Perez, Fort Worth Chapter of Latino Peace Officers, provided a background and overview
of the program and stated the businesses that are involved in the program provided a diverse benefit to
the City of Fort Worth.
Ms. Sandra Costillo, President of the Fort Worth Chapter of Latino Peace Officers, stated the chapter
was founded in 2004 and provided information related to scholarships provided by the program.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Utwomin2 and ece t Events
Mayor Moncrief provided information related to the recent outbreak of Swine Flu. He stated the virus
was defined as the North American Flu. He further stated that there was no cause for alarm and that the
City of Fort Worth was working closely on a daily basis with the Tarrant County Health Department
to keep abreast of the situation. He advised that the virus was spread through face to face contact by
coughing and sneezing. He further advised of precautions that the public should take which included:
cough and/or sneeze into a tissue, wash hands frequently, avoid hand to face contact and contact with
sick individuals, and persons should remain at home if they are sick or have been exposed to the virus.
Mayor Moncrief advised that persons who may have been exposed to the virus should seek care from
their healthcare provider immediately.
Council Member Jordan expressed appreciation to Police Chief Jeffrey Halstead and the South
Division of the Police Department for the successful event held on April 25, 2009. He stated that the
Family Day Event hosted 150 booths and attracted 2,000 citizens and their families. He commended
Officer Billie Rudd, Police Department Employee of the Year, for his service and dedication and stated
that District 6 continued to be one of the safest districts in the City.
Mayor Pro tem Hicks recognized Ms. Leslie Paloma, a Tarrant County College student, who attended
the Council meeting for a Texas Government class. She stated that the first neighborhood meeting for
Sierra Vista was held on April 25, 2009, and that the 90-home neighborhood replaced the Riverside
Village Apartments and was the first new housing that the area had seen in one (1) generation. She also
advised that she attended the Zonta Organization dinner honoring Ms. Shirley Little, Assistant to the
Mayor and Council Members, as the Woman of the Year in education. She commended Ms. Little for
her service and dedication to the community and stated she was an inspiration to everyone. Mayor Pro
tem Hicks expressed appreciation to Chesapeake Energy for sponsoring the Master Plan for Cobb Park
and to Mr. Will Trevino, District 8 Aide, and other volunteers that contributed to the success of
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 3 of 20
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
the Party in the Park celebration that was held on April 25, 2009. She also expressed appreciation to
the volunteers that supported Prairie Fest on April 25, 2009, and stated 4,000 citizens attended the
event. She commended Ms. Gigi Gosling for her volunteerism and her tireless work in the
Meadowbrook community. She also wished Mr. Jason Lamers, Public Information Officer, a happy
birthday.
Mayor Moncrief advised that the City Council meeting would be adjourned in memory of Mr. Tim
Curry, who served 36 years as the District Attorney in the Tarrant County District Attorney's Office.
He stated a memorial service would be held on April 29, 2009, at 2:00 p.m. at the First United
Methodist Church.
Council Member Burdette expressed appreciation to the Parks and Community Services Department
for a wonderful Arbor Day celebration. He stated that Arbor Day was a celebration of trees and that the
event was held at the John Peter Smith Oak Tree that was suspected to be at least 300 years old. He
advised that the tree was located on the former, K.M. Van Zandt Farm and was dedicated to Mr. Smith
by the Fort Worth Independent School District. Council Member Burdette stated that descendants from
both families attended the event and celebrated their great love of trees. He announced that he attended
the Barnett Shale Crawfish Boil that raised money for the Fort Worth Boys and Girls Club. He also
announced that the Groundbreaking Ceremony for the Northwest Branch Library would be held on
April 30, 2009, in the gymnasium of the Parkview Elementary School, located at 6225 Crystal Lake
Drive due to the rainy weather. He invited everyone to attend the event and stated the branch would be
the largest branch of the libraries, with state of the art information and technology equipment.
Council Member Burns stated that he attended the Public Art Lecture on graffiti abatement held on
April 22, 2009, at the Rose Marine Theatre and stated it was a very informative session. He announced
that the Mayfest Celebration would be held April 30, 2009 through May 2, 2009, and encouraged
citizens to visit www.mayfest.ora for more information. He also announced the lighting ceremony for
the Avenue of Lights public art pieces would be held on May 2, 2009, at 8:00 p.m. on the northeast
corner of Lancaster Avenue and Throckmorton Street and the lighting would be at 8:40 p.m. He
advised the 27th Annual Tour of Homes would be held on Mother's Day weekend and encouraged
everyone to attend. Council Member Burns also advised that he was going to carry the message by
former Council Member Chuck Silcox, that citizens should not put their grass clippings and leaves in
the storm sewers and that the Code Compliance Department would take an aggressive approach to
enforce the sign ordinance and reminded the public that they should consult the sign ordinance before
they placed election and real estate signs in the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 4 of 20
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Mayor Moncrief asked Council Member Burns to remind citizens each week that they should
not sweep their lawn clippings into the public sewer system and advised that it was against the law.
Council Member Scarth advised that Mr. W. David Couts is the new Grand Master of the Fort Worth
Masonic Lodge and stated former Council Member Silcox always attended this event and he was
missed at the ceremony. He stated Mr. Sam Houston presided over the first election of the Grand
Master in 1837. He also advised that he attended the dedication ceremony for the state of the art
competition soccer field at Gateway Park and stated that the City has 37 competitive soccer fields
that were utilized by various organizations. He expressed appreciation to Mr. Richard Zavala,
Director and Ms. Melody Mitchell, Assistant Director of Parks and Community Service
Department, for the successful event.
Council Member Espino advised that Council Member Scarth received a Community Builder Award at
the Masonic Lodge Ceremony and congratulated him on the award. He also wished his
brother Mr. Victor Espino a happy birthday.
2.Recognition of Citizens
The recognition of citizens was included in the Upcoming Events portion of the meeting.
VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items continued or withdrawn by staff.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi Boards and ss s
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mr. Robert Rouse, be appointed to Place 2, on the Planning Commission, effective
April 28, 2009, and with a term expiring October 1, 2010. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 5 of 20
(IX. PRESENTATIONS BY THE CITY COUNCIL Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Ms. Melissa Konur, be appointed to Place 9, on the Urban Design Commission, effective
April 28, 2009, and with a term expiring October 1, 2009. The motion carried unanimously
eight(8) ayes to zero (0) nays.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that
Mr. Roger Neely, be appointed to Place 1, on the Golf Advisory Board, effective
April 28, 2009, and with a term expiring September 30, 2009. The motion carried
unanimously eight(8) ayes to zero (0) nays.
X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR COMMITTEES
There were no presentations and/or communication from boards, commissions and/or City Council
committees.
XL A RESOLUTION ESTABLISHING AND IMPLEMENTING AN IDENTITY THEFT
PREVENTION
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Resolution No. 3729-04-2009 be adopted. The motion carried unanimously eight(8) ayes to
zero (0) nays.
XII.CONSENT AGENDA
Motion: Council Member Jordan made a motion, seconded be Council Member Espino, that the
Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0)
nays.
City Manager Fisseler stated there was one (1) speaker, Mr. Jorg Mast, 6804 Northwood, Dallas,
Texas, who had completed a card in favor of Mayor and Communication No. PZ-2822 on the Consent
Agenda, but the speaker did not wish to address the Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 6 of 20
(XII. CONSENT AGENDA Continued)
A.General - Consent Items
1.M&C G-16543 - Adopting Supplemental Appropriation Ordinance No. 18573-04-2009
Increasing Estimated Receipts and Appropriations in the Solid Waste Fund in the Amount of
$50,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same
Amount, for the Purpose of Adopting a Resolution Authorizing an Increase in Payment to Kelly,
Hart And Hallman P.C. to Assist and Advise the City on Issues Related to the Agreement to
Lease and Operate the Southeast Landfill; and Adopting Resolution No. 3730-04-2009 Increasing
the Maximum Amount to be Paid to Kelly, Hart and Hallman P.C. as Outside Legal Counsel to
Advise the City on Legal Issues and Cause No. 153 231908 08.
2.M&C G-16544 - Adopting Resolution No. 3731-04-2009 Ratifying the Lawsuit Entitled City of
Fort Worth v. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy Company,
Ltd., and Burnsco Construction, Inc., Cause No. 96-232719-08, Filed in the Tarrant County
District Court on September 10, 2008, by Outside Counsel Whitaker, Chalk, Swindle & Sawyer,
L.L.P.
3.M&C G-16545 - Adopting Resolution No. 3732-04-2009 Ratifying the Lawsuit Entitled City of
Fort Worth v. D. R. Horton-Texas, Ltd., and Site Concrete, Inc., Cause No. 17-232717-08, Filed
in the Tarrant County District Court on September 10, 2008, by Outside Counsel Whitaker,
Chalk, Swindle & Sawyer, L.L.P.
4.M&C G-16546 - Adopting Resolution No. 3733-04-2009 Ratifying the City's Lawsuit Entitled
City of Fort Worth v. The Heights of Park Vista, Ltd., and Mario Sinacola and Sons Excavating,
Inc., Cause No. 153-232718-08; Filed in the Tarrant County District Court on
September 10, 2008, by Outside Counsel Whitaker, Chalk, Swindle & Sawyer, L.L.P.
5.M&C G-16547 - Adopting Resolution No. 3734-04-2009 Authorizing the Increase of
$25,000.00 in the Maximum Amount to be Paid to Ken East to Represent Officer P. R.
McCleskey in the Lawsuit entitled Tamara Pearlman v. City of Fort Worth and Officer P. R.
McClesky, Civil Action No. 4:08-CV-393-A, to an Amount Not to Exceed $50,000.00.
6.M&C G-16548 - Authorizing Payment to the United States Treasury for Arbitrage Rebate in
the Amount of$38,843.71; and Adopting Supplemental Appropriation Ordinance No. 18574-04-
2009 Increasing Estimated Receipts and Appropriations in the General Debt Service Fund in the
Amount of $38,843.71, from Available Funds, for the Purpose of Authorizing Payment to the
United States Treasury for the Arbitrage Rebate for General Purpose Refunding Bonds, Series
2002-A.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 7 of 20
(XII. CONSENT AGENDA Continued)
7.M&C G-16549 - Adopting the Semi-Annual Progress Report Concerning the Status of the
Capital Improvements Plan for Transportation Impact Fees from the Capital Improvements
Advisory Committee for Transportation Impact Fees.
8.M&C G-16550 - Considering and Adopting the Following Findings of the Ground
Transportation Coordinator: The Public Necessity and Convenience Require the Operation of
Four (4) Limousines Upon the City Streets, Alleys and Thoroughfares; First Run Limousine is
Qualified and Financially Able to Conduct a Limousine Service within the City; First Run
Limousine has Complied with the Requirements of Chapter 34 of the City Code; First Run
Limousine Presented Facts in Support of Compelling Demand and Necessity for Four (4)
Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition
of Four (4) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance
No. 18575-04-2009 Granting the Privilege of Operating Authority to First Run Limousine 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 Four (4) Limousines for a Three (3) Year
Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant;
Providing for a Penalty; and Providing for Written Acceptance by First Run Limousine.
9.M&C G-16551 - Authorizing the Closure of the 500 Block of Magnolia Avenue; and
Authorizing the City Manager or his Designee to Execute an Emergency Access Agreement with
XTO Energy.
10.M&C G-16552 - Considering and Adopting the Following Findings of the Ground
Transportation Coordinator: The Public Necessity and Convenience Require the Operation of
Three (3) Limousines Upon the City Streets, Alleys and Thoroughfares; Red Carpet Limousines
is Qualified and Financially Able to Conduct a Limousine Service within the City; Red Carpet
Limousines has Complied with the Requirements of Chapter 34 of the City Code; Red Carpet
Limousines Presented Facts in Support of Compelling Demand and Necessity for Three (3)
Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition
of Three (3) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance
No. 18576-04-2009 Granting the Privilege of Operating Authority to Red Carpet Limousines 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 Three (3) Limousines for a Three (3)
Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant;
Providing for a Penalty; and Providing for Written Acceptance by Red Carpet Limousines.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 8 of 20
(XII. CONSENT AGENDA Continued)
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-10957 - Authorizing the Purchase of Water Main Repair Equipment from Sunbelt
Rentals, Inc., Barco, United Rentals Fort Worth, US Saws, Inc., and TT Technologies, Inc., for
the Water Department for $108,366.89, Based on Low Bid, Freight Included, with Payments Due
30 Days from the Date of Invoices.
2.M&C P-10958 - Approving a Vendor Correction to M&C P-10950 to Change the Name of the
Vendor from Surrey Fire Safety House and Mobile Command to Walters Group, Inc.
C.Land - Consent Items
1.M&C L-14759 - Authorizing the Acquisition of an Improved Lot Located at 3502 Lebow
Street, Described as Lot 2, Block 21, Dixie Wagon MFG Co., Fort Worth, Texas, from Francisco
and Ana Benitez for the Lebow Channel Watershed Improvements Project; Finding that the
Price of $65,000.00 Offered for the Purchase of the Improved Lot, Plus Payment of Estimated
Closing Costs of $5,000.00, is Just Compensation for the Acquisition; and Authorizing the City
Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments.
D.Planning & Zoning - Consent Items
1.M&C PZ-2821 - Authorizing the City Manager to Adopt Ordinance No. 18577-04-2009
Vacating and Extinguishing a Portion of a Twelve (12) Foot Wide Alley, Located Adjacent on the
East Side to Lots 7, 8, 9 and 10 of Block 8 of the Forest Park Addition, an Addition to the City of
Fort Worth and on the West Side to a Portion of Lot 2, Block 18 of the TCU Addition, an
Addition to the City of Fort Worth, Tarrant County, Texas; Providing for Reversion of Fee in
Said Land; Providing that the City Shall Retain all Existing Utilities Easements; and Waive Any
and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-
15624).
2.M&C PZ-2822 - Authorizing the City Manager to Adopt an Ordinance No. 18578-04-2009
Vacating and Extinguishing a Portion of West Lancaster Avenue, East of Foch Street, Situated in
the J M C Lynch Survey, Abstract Number 955, City of Fort Worth, Tarrant County, Texas,
Tarrant County, Texas; Providing for Reversion of Fee in Said Land; Providing that the City
Shall Retain All Existing Utilities Easements.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 9 of 20
(XII. CONSENT AGENDA Continued)
E.Award of Contract- Consent Items
1.M&C C-23464 - Authorizing the City Manager to Enter into a Five (5)-Year Tax Abatement
Agreement with Shawn Fite for the Property at 1506 6th Avenue in the Magnolia Village
Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone
Tax Abatement Policy and Basic Incentives.
2.M&C C-23465 - Authorizing the City Manager to Execute a Memorandum of Understanding
with The Social Compact, Inc., for Technical Assistance in an Amount Not to Exceed $25,000.00
for Participation in the United States Department of Commerce, Census Bureau's Challenge
Program.
3.M&C C-23466 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $27,878.00 to City Secretary Contract No. 34384 with Lockwood, Andrews and Newnam,
Inc., Thereby Revising the Total Contract Cost to $115,623.00, for the Storm Water Utility
Project- 8100 Trinity Boulevard Culvert Improvements.
4.M&C C-23467 - Authorizing the City Manager to Execute Amendment No. 3 in the Amount
of$10,084.00 to City Secretary Contract No. 31311 with Dannenbaum Engineering Corporation
for the 2004 Capital Improvements Project — Briarhaven-Fieldcrest Drainage Improvements,
Thereby Revising the Total Contract Amount to $183,530.95.
5.M&C C-23468 - Approving the Correction of M&C C-23394 to Correct the Name of One
(1) of the Contracting Entities from Terracon Consulting Engineers and Scientists to Terracon
Consultants, Inc.
6.M&C C-23469 - Authorizing the Execution of a Drainage Channel Maintenance Agreement
with One SR, L.P., and Sendera Ranch Homeowners Association for the Property Located at
Zanna Grace Way in Northwest Fort Worth.
7.M&C C-23470 - Authorizing the City Manager to Execute an Engineering Agreement with
Multatech, Inc., in the Amount of$39,767.00 for the Lake Crest Drainage Master Plan.
8.M&C C-23471 - Authorizing the City Manager to Execute an Agreement with Jerry Parche
Consulting Engineers in the Amount of$89,500.00 for the Warner Channel Federal Emergency
Management Agency Floodplain Re-Mapping Study.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 10 of 20
(XII. CONSENT AGENDA Continued)
9.M&C C-23472 - Authorizing the City Manager to Execute a Consent to Sublease Agreement
of City Secretary Contract No. 35218, as Subleased by Paul Karmy to FWS Realty, Ltd., for Part
of the Hangar on Lease Site 19 SW at Fort Worth Spinks Airport.
10.M&C C-23473 - Authorizing the City Manager to Execute a Ground and Building Lease
Agreement with the OV-10 Bronco Association, Inc., d/b/a Veteran's Memorial Air Park and
d/b/a Forward Air Controller's Museum, for the Temporary Use of Property Located on the
South End of Fort Worth Meacham International Airport.
11.M&C C-23474 - Authorizing the City Manager to Execute a Community Facilities
Agreement with City Participation in the Amount of$48,558.00 with THMC Partners, L.P., for
the Installation of Water Services to Serve Montserrat Lots C-1, C-2 and C-3, Block 6, Located
in Tarrant County, North of Team Ranch Road and West of Southwest Loop 820, Fort Worth,
Texas.
12.M&C C-23475 - Authorizing the City Manager to Execute Change Order No. 1 in the
Amount of $84,150.00 to City Secretary Contract No. 37527 with Tri-Tech Construction, Inc.,
for Village Creek Drainage Basin Sanitary Sewer Main 238 Rehabilitation and Improvements,
Part 2 (City Project No. 01054) on Meadowbrook Drive, Handley Drive and Normandy Street,
Thereby Increasing the Contract Amount to $1,229,220.80.
XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1719 - Notice of Claims for Alleged Damages and/or Injuries
2.00S - 1720 - Liability Bonds Approval
Tri-City Buildings, Inc. Legacy Texas Insurance Services, Inc.
Stallion Oilfield Construction, LLC Fidelity and Deposit Company of Maryland
Little Bone Concrete, Inc. Western Surety Company
Barnhill Construction, Inc. Merchants Bonding Company (Mutual)
TCH Concrete, LLC SureTec Insurance Company
Brazos Restoration & Waterproofing, Inc. SureTec Insurance Company
Anthony Reyes dba A& R Concrete RLI Insurance Company
Thomas Loa dba Low on Funds Western Surety Company
Ultra Concrete Contractors Merchants Bonding Company (Mutual)
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 11 of 20
XIV.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16553 - Approve the Applicati ns from Multiple Propertj Ow ers for Partial
At)t)roval of the Historic Site Tax Exemt)tion for 2240 College Avenue, 1910 6th Avenue, 1933
6th Avenue, 1944 6th Avenue, 22 1 6th Avenue, 1232 Ea t Pulaski Street, 1301 Hurlej Ave n e
and 2218 Harrison Avenue.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16553 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
2.MSC G-16554 - Authorize the City Manager to Adgp
1 a Supplemental Appropriation
Ordinance Increasing stimated ReKtj2j1A!jg_ARRE2REjAjjons in the Culture and Tourism Fund
in the Amount of $68,605.00 and Decreasing_Unaudited Unreserved, Undesignated Fund
Balance b y the Same Amount, for the Purp se of Authorizing an Agreement it the North
Texas Cutting Chamt)ions Club to Promote Equestrian Events at Will Rogers Memorial
Complex; a nd Authorize a Payment of $68,60 .00 to the North Texas Cutting Champions C ub
to Promote Eauestrian Events at Will Rogers Memorial C
Lomplex.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G-16554 be approved and Supplemental Appropriation
Ordinance No. 18579-04-2009 be adopted. The motion carried unanimously eight(8) ayes to
zero (0) nays.
3.M&C G-16555 -Authorize the City Manager j2Accent the Donation of 1,200 Lithium Battery
Smoke Detectors from Meals on Wheels and Authorize Fort Worth Firefighters to Install these
Smoke Detectors in the Homes of Homebound Seniors.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Mayor and
Council Communication No. G-16555 be approved with appreciation. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 12 of 20
C.Purchase of Equipment, Materials, and Services
1.MSC P-10959 - Authorize Purchase Agreements for Library Books and Catalo�uin Services
with Brodar r an Estimated Annual Amount of
$124002000.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. P-10959 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
2.MSC P-10960 - Authorize a Purchase Agreement for Water Pipe Repair Parts with HD
SuDDIv Waterworks, Ltd., for th e ater Dep art igent for an Estimated Annual Amount of
$2502000.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. P-10960 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
3.MSC P-10961 - Authorize an Increase of 5350,000.00 to the Purchase Agreement for
Flowable Fill with Oldcastle APG Texas Inc. for the Water Department for a New to
Estimated Annual Amount of$1,750,000.00.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and
Council Communication No. P-10961 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
D.Land
1.M&C L-14760 - Conduct a Public Hearing Under t e Guidelines Set Forth bj the Te as
Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find
that No Feasible or Prudent Alternative to the Fort Worth Botanic Garden Exists for the
Relocation of the Proposed Electrical Lines and Support Facilities; Find that the Proposed
Relocation Includes all Reasonable Planning to Minimize Harm to the Botanic Gardens; Close
the Public Hearing and Authorize the City Manager to Convert Approximately 0.31 Acres of
Dedicated Parkland for the Relocation of Electrical Lines and Supp rt FacilitiesLand Authorize
Granting an Easement to Oncor Electric at the Fort Worth Botanic Garden, Located at 2000
[Jniversity Drive,West of[Jniversity Drive, South of Harley,Street and North of Interstate 30W.
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
APRIL 28, 2009
PAGE 13 of 20
(M&C L-14760 Continued)
a.BgR2Lt of City Staff
Mr. David Creek, Acting Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, to close the
public hearing and that Mayor and Council Communication No. L-14760 be approved. The
motion carried unanimously eight(8) ayes to zero (0) nays.
2.M&C L-14761 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas
Parks and 1 l e Code, Chapter 2 , Protect l on of Public Parks and ecre tl a s; ind
that No Feasible or Prudent Alternative Exists for the Location of the Prouosed Utility Strit) for
the Stealth Telecommunications Tower for Rosemont Park, Located At 1400 West Seminary
Drive, North of Seminary Drive, East of 8th Street, South of Bolt Street And West of 6th Street;
Find that t o ti i Stri rte r se Stealth e ec is ti s Tower Includes all
Reasonable Planning to Minimize Harm to the Parkland and Includes that the Tower Will be
Constructed in se t Park; se the Public Hearing and Auth rize the 'i a s er to
Convert Atmroximately .038 Acres of Dedicated Parkland for a License Agreement for the
Installation a ti i Stri r the Proposed Stealth e ec is ti s Tower; a nd
Authorize the Execution of a License Agreement with T-Mobile West Corporation.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Mr. David Creek, Acting Assistant Director, Parks and Community Services 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
APRIL 28, 2009
PAGE 14 of 20
(M&C L-14761 Continued)
c.Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Espino, to close the
public hearing and that Mayor and Council Communication No. L-14761 be approved. The
motion carried unanimously eight(8) ayes to zero (0) nays.
F.Award of Contract
1.M&C C-23476 - Authorize the Acceptan e of an Economic Deve l2RpjgflL_jflAja jive_S flecial
Proiect Grant in the Amount of$539,000.00 from the United States Department of Housing and
Urban Deve!2RMgRLjQ rte_jEjfljjj River Vision Urban Waterfront Project; Ant orize the City
Manner to Execute a Grant Agreement with the United States Department of Housing and
Urban Development, U on Award of the Grant; Adopt an Appropriati n Ordinance Increasing
Estimated REKgjgjL2fLd Appropriations in the Grants Fund in the Amount of$539,000.00, Upon
BgigjRL2f the Grant from the Economic De nt
from the United States Der)artment of Housing and Urban Develoment for the Trinity River
Vision Urban Waterfront Project; and Ant orize the City a s er to Execute an Inter local
Agreement with the Tarrant Regional Water District, as the Sub-Grantee, in an Amount Not to
Exceed $539,000.00, Contingent Upon Receipt of the Grant.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23476 be approved and Appropriation Ordinance No.
18580-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
2.M&C C-23477 - Authorize the Transfer of 547,488.00 from the Water and Sewer Operating
Fund to the Water Car)ital Proiects Fund in the Amount of $23,676.00 and Sewer Ca ital
Projects Fund in the Amount of $23,812.00; Adont an A ro riation Ordinance Increasing
Estimated Receiuts and Autwouriations in the Water Cat)ital Proiects Fund in the Amount of
$23,676.00 and in the Sewer Capital Projects und in the Amount of$23, 2. r om Available
Funds,forte Purpose of Authorizing an Engineering Agreement with Brown & Gav Engineers,
Inc., for Pavement Reconstruction and Water and Sewer Main Replacements on Daven ort
Avenue and Winfield Ave nueProiect Number 3a-01275- and Authorize the City Manager to
Execute an Engineering Agreement with Brown and Gay Engineers, Inc., in the Amount of
$145,638.0 for Pavement Reconstruction and Water and Sewer Main Replacement on
Davenport Avenue and Winfield Avenue.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. C-23477 be approved and Appropriation Ordinance No. 18581-
04-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 15 of 20
3.M&C C-23478 - Authorize the Transfer of $57,787.00 from the Water and Sewer Operating
Fund to the Water Capital Proiects Fund in the Amount of $29,923.00 and Sewer Capital
Proiects Fund in the Amount of $27,864.00; Adopt an Appropriation Ordinance Increasing
Estimated Receipts and Appropriations in the Water Capital Proiects Fund in the Amount of
$29,923.00 and in the Sewer Capital Proiects Fund in the Amount of$27,864.00, from Available
Funds, for the Purpose of Authorizing an Engineering Agreement with Teague Nall and Perkins
Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Fox
Hollow, Tanglewood Trail, and Chaparral Lane, Contract 3b, Proiect Number 01225; and
Authorize the City Manager to Execute an Engineering Agreement with Teague Nall and
Perkins, Inc., in the Amount of$127,243.00 for Pavement Reconstruction and Water and Sewer
Main Replacement on Fox Hollow Street, Tanglewood Trail and Chaparral Lane.
Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23478 be approved and Appropriation Ordinance No.
18582-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
4.M&C C-23479 - Authorize the City Manager to Execute an Engineering Services Agreement
in e A $161,3 3.00 wi as i sari 9 ,9 rte esi i ver Creek
Road r Interstate 820 West to the Intersection of t o re er i Sc rive ay.
Council Member Burdette stated that this enhancement was the first step in the much needed
improvement of Silver Creek Road. He further stated that the improvement would add two (2)
additional lanes, for a total of four (4)lanes leading west from Interstate 820.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23479 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
5.M&C C-23480 - Authorize the City Manager to Execute Amendment No. 2 in the Amount of
$251,056.00 to ity Secretary Co tract No. 31492 with Bgkd., Ham t a r , c., r
2004 Capital Improvement Program Minor Storm Water Proiect — Miscellaneous Drainage
Improvements, tract A, to r vie for A iti a i sari Services, ere y evisi
the Total Contract Amount to $357 764 00
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor
and Council Communication No. C-23480 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 16 of 20
6.M&C C-23481 - Authorize the Cily Manager to Execute an Engineering Agreement w it
DannenbauM. EI1�111eer111� Corporation, in the Amount of $241,901.00 for the Design of
Miscellaneous Storm Draj na2e ImDrovements at Riverside Drive and Lancaster Ave ton
Terrace, Northeast 28th Street and Schwartz Avenue, Skylake Court, Havenwood Lane, Enderly
Place and Washburn Avenue.
Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23481 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
7.M&C C-23482 - Authorize the City Manager to Execute a Contract with McClendon
Construction, Comr)an3:, Inc., in the Amount of $127,605.25 for Construction of a Left Turn
Lane for Baylor All S is Medical Center Along Oakmo t Boulevard and a Median Opening
Alon North Beach Street at Jay fin Street.
g�
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23482 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
8.MSC C-23483 - Authorize the Transfer of ADDroDriations in the Amount of$349,757.00 from
the Storm Water Capital Projects 2 007 Revenue Bond Fund to the Grant Capital Projects Fund;
Authorize the Transfer of Ext)enditures in the Amount of $82,880.20 from the Storm Water
Capital Projects Fund and $112,11 .80 from the Street Im rovements Fund to the Grant Capi al
Projects Fund; Author ze the Transfer of Appropriations in the Amount of$82,880.20 from the
Storm Water Capital Projects Fund and $112,119.80 from the Street Improvements Fund to the
Grant Ca ital Pro*ects Fund; A an ADDrogriation Ordinance Increasing Estimated Receipts
and Appropriations in the Grant Capital Projects Fund in the Amount of$1,336,757.00 Based on
a Reimbursable in the Amount of $759 566.00 and an In-Kind Amount of $32 34.00 from The
Texas Dep rtment of Transportation, and $544,757.00 fro Available Funds, for the Purpose f
Fundin2 Draj na2e Impf2lements at Various Locations in Fort Worth (Proiect No. 001241;
Adopt a Resolution AujhgLjZjflj the Execution of a Local Project Advance Funding Agreement
with the Texas Der)artment of Tranwortation for the Division of Costs and Rewonsibilities
Associated with Drainage Improv ments at Various Locations in the Fort WorthLand Authorize
Payment in the Amount of$14,323.00 to the Texas Department of Transportation for the City's
Participati n in Direct State Costs According to the Agree ent.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23483 be approved and Appropriation Ordinance No.
18583-04-2009 and Resolution No. 3735-04-2009 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 17 of 20
9.M&C C-23484 - Authorize the Cily Manager to Execute an Engineering Agreement w it
TranSIstems Corporation in the Amount of$163,660.00 for the Garden Acres Drainage Master
Plan.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. C-23484 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
10.MSC C-23485 - Authorize the City Manager to Execute an Engineering Agreement with
Halff Associates c i n the Amount of$173,0 0.00 for the Wildcat Branch Master Plan.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23485 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
11.MSC C-23486 - Authorize the City Manager to Execute an Engineering Agreement with
Wade Trim, Inc., in t e Amount of$237,600.0 for the Woodhaven Creek Master Plan.
Motion: Council Member Scarth made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23486 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
12.MSC C-23487 - Authorize the City Manager to Execute a Memorandum of Agreement
between the Cily of Fort Worth, the Cily of E less and the Trinily River Authorit Determini
the Met of Calculatin2 and Bi1fin2 Wastewater Flow from Identified Fort Worth
Customers where Wastewater Flows Pass through Euless' Wastewater Mains and Metering
Station(s); and Authorize Pavment of $129,44 .05 from the City of Fort Worth to the CitV of
Euless as Co n for Flows that Passed through_Euless' Wastewater Mains and Metering
Station(s) from January 1996 to the Date the Agreement is Executed.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23487 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
13.MSC C-23488 - Authorize the Transfer of $1,340,816.00 from the Water and Sewer
Operatiny,Fund to the Water Capital Projects Fund; Adopt an Appropria ion Ordinance
ifliEgaliaLEstimated Receipts and Appropriations in the Water Capital Projects Fund in the
Amount of$1,340,816.00, from Available Funds, for the Purpose of Authorizing a Contract with
Burnsco Construction, Inc., fo Golden Triangle Bo levard Water Line Relocation.,_ and
Authorize the City Manager to Execute a Contract with Burnsco Construction, Inc., in the
Amount of $1,257,103. 0 for Golden Water Line Relocations from Interstate Highway
35W to US jhghnaLL7.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 18 of 20
(M&C C-23488 Continued)
Council Member Moss requested clarification because the proposed 3% for Minority/Women Business
Enterprise participation by the Contractor did not meet the goal of 19%identified by the City's policy.
Mr. William Johnson, Assistant Director, Housing and Economic Development Department, explained
that the relocation of the water line constituted 96% of the work, with 3% of the work provided
by Minority/Women Business Enterprise contractors, and the remaining 0.7% of the work supplied by
non Minority/Women Business Enterprise sub-contractors.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23488 be approved and Appropriation Ordinance No.
18584-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
14.M&C C-23489 - Authorize the Transfer of$144,005.00 from the Water and Sewer Ot�eratin
Fund to the Water Capital Proiects Fund in the Amount of $122,305 00 and the Sewer Capi ta
Projects Fund in the Amount of 521,700.00; Adont an A��roi�riation Ordinance Increasing
Estimated ece s and Atmrot)riations in the Water "a r ®ecs Fund in the Amount
$122,305.0 and in the Sewer Capital Projects und in the Amount of$21,700.00 om Available
Funds,for the Purgose of Authorizing an Engineering Agreement with Kimlev-Horn and
Associates, Inc., for ater and Sanitary Se er Relocations for Longhorn Road art 2; a nd
Authorize the Citv Manager to Execute the En2ineerin2 Agreement in the Amount of
$113,105.0 for Water and Sanitary Sewer R e locations foLI&Mhorn Road from ec t r
Road to US Business Highway 287, Part 2.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23489 be approved and Appropriation Ordinance No.
18585-04-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
15.M&C C-23490 - Authorize the Citv Manager to Execute an Engineering Agreement with
Car eers, P.C., in the A mount of $893,000.00 es Village "ree Wastewater
Treatment Plant Second Are a d Filters Rehabilitation and i is ti s.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23490 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 19 of 20
16.M&C C-23491 - Authorize the City Manager to Ex cute a License Agreement it Malfest,
Inc., for the Use of Trinity Park for the Annual Mayfest Event.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23491 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays.
XV. ZONING HEARING
There were no Zoning Hearings.
XVI. CITIZEN PRESENTATIONS
Mr. Joe Don Brandon, 0 Box 1155 - Volunteer Tax Deduction Campaign
Mr. Brandon was recognized but was not present in the Council Chambers.
Mr. Don Klick, 8450 Trace Ridge, appeared before Council and spoke about making the City safer.
He recommended to the Council that they provide Police Chief Halstead with the tool so that uninsured
motorists' vehicles could be towed. He pointed out several cities in the area that use this mechanism to
make their city a safer place. He also spoke about being a landlord and his request to be able to dump
evicted renters' property at the Northside Drop Off Station rather than having to drive to the Kennedale
Drop Off Station. He pointed out that some people do not abide by the dumping laws and these items
are often found in illegal dump sites.
XVII.EXECUTIVE SESSION -COUNCIL CHAMBER}
It was the consensus of the City Council that they recess into Executive Session at 11:07 a.m. to:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or
other matters that are exempt from public disclosure under Article X, Section 9 of the Texas
State Bar Rules as authorized by Section 551.071 of the Texas Government Code:
a) Kris Carr v. City of Fort Worth, Texas, Cause No. 17-216336-06;
b) City of Fort Worth and Dale A. Fisseler, in his Official Capacity as City Manager and
as Officer for Public Information v. Greg Abbott, Attorney General of Texas, Cause
No. D-1-GV-09-000566;
c) Legal issues regarding claim by Gilco Contracting, Inc.;
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 28, 2009
PAGE 20 of 20
(XVII.EXECUTIVE SESSION Continued)
d) Legal issues regarding the issuance of a gas drilling permit;
e) Legal issues regarding the regulation of signs;
f) Legal issues regarding the former Riverside Wastewater Treatment Plant;
g) Legal issues regarding the City Supplemental Retirement Ordinance;
h) Legal issues relating to use of force by Police Department;
i) Legal issues concerning any item listed on today's City Council meeting agendas;
and
2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of
the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on
the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the
Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
The City Council reconvened into regular session at 12:45 p.m.
XVIII.ADJOURNMENT
There being no further business, the meeting was adjourned at 12:45 p.m. in memory of Mr. Tim
Curry, who served as the Tarrant County District Attorney for 36 years.
These minutes approved by the Fort Worth City Council on the 5th day of May, 2009.
Attest: Approved:
Marty Adrix Michael . Monc of
City Secretary Mayor