HomeMy WebLinkAbout2009/05/26-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 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
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 10:00 a.m. on Tuesday, May 26, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II.INVOCATION- Pastor David Myers, Park Hill Church
The invocation was provided by Pastor David Myers, Park Hill Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 19, 2009
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that the
minutes of the regular meeting of May 19, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 2 of 17
V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1.Recognition of Fort Worth Independent School District Truancy Intervention Program
Mr. Ernie Horn, representing Score a Goal in the Classroom, recognized Fort Worth Independent
School District (FWISD) students and Walter Dansby Award nominees for their participation in the
Fort Worth Independent School District Truancy Program. Mayor Moncrief presented the students
with medals to commemorate their achievement.
Ms. Robyn Winnett, Assistant Director, Attendance Control and Truancy, FWISD Truancy
Intervention Program, stated that the Walter Dansby Award recognized students who had overcome
truancy issues and had become successful young adults. She further stated that the FWISD Truancy
Intervention Program was a unique program that collaborated with the City of Fort Worth and the
Tarrant County District Attorney's Office and created solutions that prevented truancy and dropout
among students.
Mayor Moncrief, Mayor Pro tem Hicks and Council Members Espino, Scarth, Moss, Jordan, Burns,
Burdette congratulated the students for their achievements and successful completion of the program
and stated that they were the future leaders of the City of Fort Worth and the United States.
City Manager Fisseler congratulated the students on their achievements and stated he looked forward
to hearing about their future accomplishments.
Police Chief Jeffrey Halstead congratulated and encouraged the students to stay in school and maintain
connection with supportive family, friends, and school resource officers and reminded the students to
make the right choices over the summer break.
VI.ADMINISTRATION OF OATH OF OFFICE TO MAYOR ELECT MIKE MONCRIEF
AND COUNCIL MEMBERS ELECT SALVADOR ESPINO, DANIEL SCARTH, FRANK
MOSS, JUNGUS JORDAN, CARTER BURDETTE, KATHLEEN HICKS AND JOEL BURNS
City Secretary Marty Hendrix administered the oaths of office to Mayor Elect Mike Moncrief and
Council Members Elect Kathleen Hicks, Salvador Espino, Daniel Scarth, Frank Moss, Jungus Jordan,
Carter Burdette, and Joel Burns.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 3 of 17
VII.REMARKS AND INTRODUCTIONS BY MAYOR MIKE MONCRIEF AND COUNCIL
MEMBERS SALVADOR ESPINO, DANIEL SCARTH, FRANK MOSS, JUNGUS JORDAN,
CARTER BURDETTE, KATHLEEN HICKS AND JOEL BURNS
Mayor Moncrief and Council Members Hicks, Espino, Scarth, Moss, Jordan, Burdette, and Burns
expressed appreciation to their families, friends, citizens of Fort Worth and staff for their support and
provided comments relative to their vision for the future of Fort Worth and their respective districts.
VIII.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1.Upcoming and Recent Events
Council Member Burns displayed photographs taken during the District 9 Neighborhood Office hours
held at the Fiesta Supermarket on 8th Avenue on May 21, 2009. He stated that the event was a success
and announced he would be holding a series of monthly neighborhood office hours in the community.
He further stated that this would be an opportunity to bring City Hall out into the neighborhoods and
community. He expressed appreciation to his aide Kristi Wiseman who coordinated the locations for
the office hours and stated they would be held in a different location on the third Thursday of each
month for the entire year.
Council Member Burdette announced that a public meeting would be held on June 6, 2009, from 9:00
a.m. to 11:00 a.m. at the Fort Worth Botanic Gardens to discuss the animal ordinance. He also
expressed appreciation to those who attended the event that renamed a portion of Arch Adams Street to
Van Cliburn Way and stated that the Van Cliburn International Piano Competition brought worldwide
recognition to the City of Fort Worth.
Council Member Jordan expressed appreciation to those who attended the Mount Olivet Memorial Day
Ceremony and stated it was a beautiful event and advised that the keynote speaker was Captain T. D.
Smyers from the Naval Air Station Joint Reserve Base in Fort Worth. He also announced that there
would be a carnival in celebration of Eagle Land on May 30, 2009, from 9:00 a.m. to 12:00 p.m. at
Meadowcreek Elementary School and that the carnival was sponsored by the Meadowcreek PTA and
the City of Fort Worth.
Mayor Pro tem Hicks stated that the Van Cliburn dedication event and the current
competition performances were marvelous and expressed appreciation to all who attended. She
announced that she attended the Splash Day Kick-off Event held at Hillside Park and that the event
was a positive start to the summer on the south side of Fort Worth. She also announced that public
meetings regarding the animal ordinance would be held on May 28, 2009, from 6:00 p.m. to 9:00 p.m.
at the Meadowbrook United Methodist Church and on June 4, 2009, from 6:00 p.m. to 9:00 p.m. at the
Goodwill Industries Community Garden Room on Campus Drive.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 4 of 17
(VIII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Burns announced that he attended the kick-off event for the Molly the Trolley pilot
program, sponsored by the City of Fort Worth, The T, various downtown businesses and Downtown
Fort Worth Inc. He added that rides were free everyday from 11:00 a.m. to 11:00 p.m. and would tour
the downtown Fort Worth area. He also announced that the Colonial Golf Tournament would be held
May 28-31, 2009, in Fort Worth and stated it was the longest running PGA Golf Tournament that was
held in the same location. He further announced that QCinema, Fort Worth's International Gay and
Lesbian Film Festival, would be held on May 28-31, 2009, at the Rose Marine Theatre and stated those
interested could visit www.gcinema.org for more information.
Police Chief Halstead provided a briefing on the Police Department's current summer crime initiatives,
which Chief Halstead referred to as "Summer Safety Initiatives", to ensure that crime, particularly
violent crime, decreased during the summer months. He stated that the initiatives and strategies
involved a mix of prevention, intervention and enforcement tactics.
Mr. Richard Zavala, Director, Parks and Community Services Department, provided a list of
prevention and intervention programs for the summer months for youths. He also stated that graffiti
increased during the summer months and advised that citizens could report graffiti to the City by
contacting 817-212-2700.
2.Recognition of Citizens
There were no citizens recognized at this time.
IX.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
X.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items continued or withdrawn by staff.
XI.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membership on Boards and Commissions
There were no changes in membership on boards and commissions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 5 of 17
XIL PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XIII.CONSENT AGENDA
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0)
nays.
A.General - Consent Items
1.M&C G-16576 - Authorizing the Water Department to Provide Water and Sewer Service at
1.25 the Retail Rate to Cinnamon Creek Ranch, LLC, for Property Described as 79.0940 Acres
Out of the James Matthews Survey, Abstract No. 1021, Tract 1, Located at 13794 Old Denton
Road in Tarrant County Outside 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.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-10968 - Authorizing an Increase in the Amount of $10,000.00 for the Purchase of
Display Material and Artwork Design from the Fowler Group for the Office of Emergency
Management for a New Total of$57,584.00.
E.Award of Contract- Consent Items
1.M&C C-23541 - Authorizing the City Manager to Execute a Communications Systems
Agreement with the City of Haltom City for Participation in the City of Fort Worth's Two-Way
Public Safety Radio System in Which the City of Haltom City will Reimburse Their Share of
Operations and Maintenance to Ensure No Cost to the City of Fort Worth and for Fiscal Year
2009 the Reimbursement is Estimated to Be $55,000.00.
2.M&C C-23542 - Authorizing the City Manager to Execute Amendments to City Secretary
Contract No. 29793 and City Secretary Contract No. 28352, Two (2) Interlocal Agreements with
the Fort Worth Transportation Authority, to Define Construction Management Roles for the
Hyde Park Transit Plaza and Ninth Street Improvements Projects.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 6 of 17
(XIII. CONSENT AGENDA Continued)
3.M&C C-23543 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $64,164.00 to City Secretary Contract No. 35495 with Stream Water Group, Inc., for the
Storm Water Utility Project— Loving Avenue Channel and Culvert Improvements, Revising the
Total Contract Cost to $228,711.00.
4.M&C C-23544 - Authorizing the City Manager to Execute Amendment No. 2 to City
Secretary Contract No. 37171 with Eaton Corporation (Formerly Eaton Electrical/Powerware),
in the Amount of $34,966.00 for Preventive Maintenance of Uninterrupted Power Supply
Systems Located at Various City Facilities.
5.M&C C-23545 - Authorizing the City Manager to Apply for and Accept, if Awarded, the
Recovery Act: Edward Byrne Memorial Competitive Grant from the United States Department
of Justice, in the Amount of $521,295.00; Authorizing the City Manager to Execute a Contract
with the United States Department of Justice for the Acceptance of Grant Funds; and Adopting
Appropriation Ordinance No. 18628-05-2009 Increasing Estimated Receipts and Appropriations
in the Grants Fund.
6.M&C C-23546 - Authorizing the City Manager to Apply for and Accept, if Awarded, the
Recovery Act Combating Criminal Narcotics Activity Stemming from the Southern Border of
the United States Competitive Grant from the United States Department of Justice, in the
Amount of $236,232.00; Authorizing the City Manager to Execute a Contract with the United
States Department of Justice for the Acceptance of Grant Funds; and Adopting Appropriation
Ordinance No. 18629-05-2009 Increasing Estimated Receipts and Appropriations in the Grants
Fund, for the Purpose of Funding a Program to Control, Reduce and Prevent Criminal Narcotics
Activity.
XIV.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1724 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XV.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16577 -Authorize the City Manager to Apply for,Accept and Execute, if Awarded, a
Grant in the Amount of $285,000.00 from the United States Department of Health and Human
Services to Implement Early Childhood Outreach Programs in Four (4) Locations; Authorize a
Waiver of Indirect Costs; and Adopt an Appropriation Ordinance Increasing Estimated
Receipts and Appropriations in the Grants Fund.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 7 of 17
(G-16577 Continued)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16577 be approved with appreciation and Appropriation
Ordinance No. 18630-05-2009 be adopted. The motion carried unanimously eight (8) ayes
to zero (0) nays.
2.M&C G-16578 - Adopt a Supplemental Appropriation Ordinance Increasing Estimated
Receipts and Appropriations in the Red Light Enforcement Program Fund in the Amount of
$2,052,000.00, from Available Funds, for the Purpose of Paving the Lease of the Automated Red
Light Enforcement Cameras During the Fiscal Year 2009-2010.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. G-16578 be approved and Supplemental Appropriation
Ordinance No. 18631-05-2009 be adopted. The motion carried unanimously eight (8) ayes
to zero (0) nays.
3.M&C G-16579 - Authorize the City Manager to Adopt an Appropriation Ordinance
Increasing Estimated Receipts and Appropriations in the Municipal Airports Fund in the
Amount of $1,440,000.00, from Various Fees Collected at Fort Worth Alliance Airport, for the
Purpose of Accounting for All Revenue Collected.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. G-16579 be approved and Appropriation Ordinance No.
18632-05-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
4.M&C G-16580 - Hold a Public Hearing and Adopt an Ordinance Adopting the Standards of
Care for 2009 for Youth Programs Offered by the Parks and Community Services Department.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Mr. Andrew MacFarlane, District Superintendent, 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
MAY 26, 2009
PAGE 8 of 17
(G-16580 Continued)
c.Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the
public hearing be closed and Mayor and Council Communication No. G-16580 be approved
and Ordinance No. 18633-05-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays.
D.Land
1.M&C L-14778 - Authorize the Payment of$244,921.00 to Oncor Electric Delivery Company,
LLC, to Acquire Real Property for Right-of-Way of the Southwest Parkway and Pay Estimated
Closing Costs of $1,897.00; Authorize the Appropriate City Representatives to Execute the
Documents Necessary to Complete the Purchase of Parcel 130 Located South of the Union
Pacific Centennial Rail Yard and North of the Trinity River in Fort Worth, Texas, Being a 2.677
Acre Tract of Land Situated in the F.G. Beasley Survey, Abstract No. 135, City of Fort Worth,
Tarrant County, Texas; and Authorize the City to Accept Dedication of a Right-of-Way
Easement from Oncor Electric Delivery Company, LLC, for the Construction of Edwards Ranch
Road.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L-14778 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
2.M&C L-14779 - Authorize the Payment of$157,257.00 to Oncor Electric Delivery Company,
LLC, to Acquire Real Property Right-of-Way of the Southwest Parkway and Pay Estimated
Closing Costs of $1,430.00; and Authorize the Appropriate City Representatives to Execute the
Documents Necessary to Complete the Purchase of the 0.802 Acre Included in Parcel 131,
Located South of Overton Ridge Boulevard and North of Oakmont Boulevard in Fort Worth,
Texas, Being a 0.802 Acre Tract of Land Situated in the Jacob Wilcox Survey, Abstract No.
1742, City of Fort Worth, Tarrant County, Texas.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L-14779 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 9 of 17
3.M&C L-14780 - Approve the Acceptance of a Lease Agreement for Natural Gas Drilling
Under 58.787 Acres of City-Owned Property Known as Lake Como Park Located at 3201 Lake
Como Drive to Grande Energy Company, for a Two (2)Year Primary Term.
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L-14780 be approved. The motion carried seven (7) ayes
to zero (0) nays, with one (1) abstention by Council Member Jordan.
4.M&C L-14781 - Approve the Acceptance of a Lease Agreement for Natural Gas Drilling
Under 21.791 Acres of City-Owned Property Known as the William McDonald Park Located at
5400 Eastland Street to Quicksilver Resources, Inc., for a Two (2)Year Primary Term.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L-14781 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
5.M&C L-14782 - Declare the Necessity of Taking an Interest in a Portion of Land Known as
Block 146-R, Lot 15, Chamberlain Arlington Heights 1st Filing Addition, Tarrant County,
Texas, Owned by Susan Herring and Located at 5307 Lovell Avenue in the Lake Como
Neighborhood, for the Construction of the Contract 53 Sanitary Sewer Rehabilitation Proiect;
and Authorize the City Manager to Institute Condemnation Proceedings to Acquire the Interest
in the Land.
Motion: Council Member Burdette made a motion, seconded by Council Member Scarth, that Mayor
and Council Communication No. L-14782 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
F.Award of Contract
1.M&C C-23498 - Authorize the City Manager to Execute an Engineering Services Agreement
in the Amount of $549,732.00 with TranSystems Corporation Consultants for the Design of
North Beach Street from Timberland Boulevard to Keller Hicks Road. (Continued From
May 19, 2009)
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23498 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 10 of 17
2.M&C C-23547 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Texas Midstream Gas Services, LLC, to Grant a License to Construct and
Operate a Natural Gas Gathering Pipeline Crossing Underneath Premier Street, East of
Sylvania Avenue; Long Avenue, West of Half Moon Street; and Chesser Boyer Road, West of
Tom Ellen Street for a One (1) Time License Fee of$18,032.00.
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. C-23547 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
3.M&C C-23548 - Authorize the City Manager to Execute a Contract in the Amount of
$977,101.37 with the Fain Group, Inc., for a Streetscaping Proiect on Museum Way from
Seventh Street to the Tarantula Railroad Tracks.
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23548 be approved with appreciation to Mr. Rick Trice,
Assistant Director, Planning and Development Department. The motion carried
unanimously eight(8) ayes to zero (0) nays.
4.M&C C-23549 - Authorize a Change in Use and Expenditure of $341,500.00 in
Unprogrammed Community Development Block Grant Years XXXI and XXXIV Funds to
Provide United Community Centers, Inc., a Total of $766,500.00 in Community Development
Block Grant Funds, Including Previously Authorized Community Development Block Grant
Funds, for a Portion of the Construction Costs of the New Polytechnic Community Center to be
Located at the Intersection of Wesleyan and Avenues I and J in the Polytechnic Wesleyan
Neighborhood Empowerment Zone; Authorize the City Manager or His Designee to Execute a
Contract and Any Related Documents with United Community Centers, Inc., for the Proiect for
a Two (2) Year Term Beginning on the Date of Execution of the Contract; Authorize the
Extension or Renewal of the Contract for Up to One Year if United Community Centers, Inc.,
Requests an Extension and is Not in Default Under the Terms of the Contract; Authorize the
City Manager or His Designee to Amend or Modify the Contract if Necessary to Achieve Proiect
Goals Provided that the Amendment is Within the Scope of the Proiect and in Compliance with
City Policies and Applicable Laws and Regulations Governing the Use of Federal Grant Funds;
and Authorize a Substantial Amendment to the City's 2005-2006 and 2008-2009 Action Plans.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and
Council Communication No. C-23549 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 11 of 17
5.M&C C-23550 - Authorize the Reallocation of City HOME Program Funds for the
Construction of the Woodmont Apartments; Approve a Subordinate Loan to Woodmont
Apartments, Ltd., for the Proiect in an Amount Not to Exceed $1,500,000.00 from the City of
Fort Worth Utilizing its HOME Program Funds; Authorize the City Manager or His Designee to
Execute a Contract for the Proiect with Woodmont Apartments, Ltd., for a Two (2) Year Term
Beginning on the Date of Execution of the Contract; Authorize the Extension or Renewal of the
Contract for Up to Six (6) Months if Woodmont Apartments, Ltd., Requests an Extension and is
Not in Default Under the Terms of the Contract; and Authorize the City Manager or His
Designee to Amend the Contract if Necessary to Achieve Proiect Goals Provided that the
Amendment is Within the Scope of the Proiect and in Compliance with Applicable Laws and
Regulations Governing Federal Grant Funds.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and
Council Communication No. C-23550 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
6.M&C C-23551 - Authorize the City Manager to Execute Amendment No. 1 in the Amount of
$100,242.00 to City Secretary Contract No. 35395 with Stream Water Group, Inc., for the Storm
Water Utility Proiect — Raider Channel Improvements, Revising the Total Contract Cost to
$150,547.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23551 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
7.M&C C-23552 - Authorize the City Manager to Execute a Final Design Contract with Artist
Mike Mandel for Final Design, Including Lighting Design and Electrical Engineering, for the
Western Heritage Parking Garage Artwork in the Amount of$50,743.00; and Authorize the City
Manager to Execute a Subsequent Artwork Commission Contract with Artist Mike Mandel,
Upon Final Design Approval by the City, for Fabrication, Delivery and Installation of Artwork
for the Western Heritage Parking Garage, in the Amount of$217,542.00.
Mayor Pro tem Hicks requested that the public artwork reflect the diversity of the western heritage and
all individuals that contributed to the history of Fort Worth.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23552 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 12 of 17
8.M&C C-23553 - Authorize the City Manager to Execute an Artwork Commission Contract
with Helmick Sculpture, LLC, for Fabrication, Delivery, Lighting and Installation of an Artwork
for the Nashville Neighborhood Policing District No. 6 and Traffic Division Facility at 1100
Nashville Avenue in an Amount Not to Exceed $186,300.00.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and
Council Communication No. C-23553 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays.
9.M&C C-23554 - Authorize the City Manager to Apply for and Accept, if Awarded, a
$6,738,300.00 Grant from the United States Department of Energy through the Energy
Efficiency and Conservation Block Grant Formula Program; and Adopt an Appropriation
Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23554 be approved and Appropriation Ordinance No.
18634-05-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
10.M&C C-23555 - Authorize the City Manager to Execute an Inter-Governmental Cooperative
Reimbursement Agreement with the Texas Commission on Environmental Quality for the
Period Beginning September 1, 2009, and Ending August 31, 2010, with a Limit of $410,500.00
for Reimbursement of Expenses to the City of Fort Worth and Authorize Staff to Perform the
Work; Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in
the Grants Fund, for the Operation and Maintenance of Local Air Pollution Monitors; and
Apply Indirect Cost at the Rate of 21.48 Percent in Accordance with the Terms of the Inter-
Governmental Cooperative Reimbursement Agreement.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23555 be approved and Appropriation Ordinance No.
18635-05-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
11.M&C C-23556 - Authorize the Transfer of $1,408,775.00 from the Water and Sewer
Operating Fund to the Water Capital Proiects Fund; Adopt an Appropriation Ordinance
Increasing the Estimated Receipts in the Water Capital Proiects Fund for the Purpose of
Authorizing a Contract with Conatser Construction TX, LP, for Water Main Replacement
Contract 2002, STM-M (Proiect No. 01255) on Wichita Street; and Authorize the City Manager
to Execute a Contract with Conatser Construction TX, LP, in the Amount of$1,329,775.00.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23556 be approved and Appropriation Ordinance No.
18636-05-2009 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 13 of 17
12.M&C C-23557 - Authorize the City Manager or His Designee to Execute a Lease Agreement
with Town Center Mall, L.P., for Approximately 23,297 Square Feet of Office Space at an Initial
Annual Rent Per Square Foot of $13.83, and 1,316 Square Feet of Unfinished Storage Space at
an Initial Annual Rent of$10.00 Per Square Foot, at La Gran Plaza, 4200 South Freeway, for the
Parks and Community Services Department Administrative Offices for a Term from
January 1, 2008, through September 30, 2009; and a Five (5) Year Term from October 1, 2009,
through September 30, 2014; and Ratify the Occupancy and Use of the Office and Storage Space
from January 1, 2008, through September 30, 2009, and the Payment of Rent at an Annual Rent
of$12.00 Per Square Foot for the Office Space and $6.00 Per Square Foot for the Storage Space.
City Manager Fisseler amended the M&C by stating that in the Recommendation section, Paragraph 1,
the phrase "...a term from January 1, 2008, through September 30, 2009, and..." should be removed, as
it was duplicated in the second paragraph.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23557 be approved as amended. The motion carried
unanimously eight(8) ayes to zero (0) nays.
13.M&C C-23558 - Conduct a Public Hearing to Allow Citizen Input and Consideration
Regarding the Proposed Plan for Use of Community Development Block Grant R Funds from
the United States Department of Housing and Urban Development; Approve a Substantial
Amendment to the City's Consolidated Plan and 2008-2009 Action Plan; Authorize the City
Manager or His Designee to Execute a Grant Agreement, Along with Execution of Any
Associated Certifications and Related Documents as May Be Required by the United States
Department of Housing and Urban Development in Order to Receive and Administer the
Community Development Block Grant R Funds; and Adopt an Appropriation Ordinance
Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$1,769,412.00 for the Purpose of Funding Public Facilities Sidewalks and ADA Ramp Activities.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Ms. Kate Scott-Ward, Planner, Planning and Development Department, appeared before Council and
provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 14 of 17
(C-23558 Continued)
c.Council Action
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the public
hearing be closed and Mayor and Council Communication No. C-23558 be approved. The
motion carried unanimously eight(8) ayes to zero (0) nays.
(See further action on this item after Mayor and Council Communication No. C-23559.)
14.M&C C-23559 -Authorize the City Manager to Execute an Agreement with the Presbyterian
Night Shelter to Transfer an Unused Dynavision Model 910 (DE) X-ray Machine, which was
Part of the City's Security to Screen People who Entered the A.D. Marshall Public Safety &
Courts Building to the Presbyterian Night Shelter.
Mayor Moncrief advised that this item was very important to those who provided assistance to the
homeless community.
Mayor Pro tem Hicks advised she would recuse herself from voting on the issue, as she was a member
of the Presbyterian Night Shelter Board. She also advised that a tragic event had occurred at the Shelter
that might have been avoided with the use of an x-ray machine.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23559 be approved with appreciation to staff. The
motion carried seven (7) ayes to zero (0) nays, with one (1) abstention by Mayor Pro tem
Hicks.
Mayor Moncrief advised that the City Council would reconsider Mayor and Council Communication
No. C-23558 which had been considered and voted on previously.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23558 be reconsidered. The motion carried
unanimously eight(8) ayes to zero (0) nays.
City Manager Fisseler clarified that the public hearing needed to be closed and the item continued with
a second public hearing for the June 2, 2009, Council meeting.
Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that the public
hearing be closed and that the second public hearing be held at the June 2, 2009, Council
meeting and Mayor and Council Communication No. C-23558 be continued until the
June 2, 2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 15 of 17
15.M&C C-23560 - Authorize the City Manager to Execute Amendment No. 1 to City Secretary
Contract No. 35646, an Agreement with American Traffic Solutions, Inc., to Revise the Term
from an Initial Five (5) Year Term (Beginning August 15, 2007) with Two (2) Three (3) Year
Renewals to a Term Beginning August 15, 2007, and Ending August 15, 2018, Contingent Upon
the Passage of Legislation in the 2009 Session that Would Limit the City's Right to Extend or
Renew the Existing Agreement or Establish a New Agreement for the Automated Red Light
Camera Enforcement Program.
City Manager Fisseler explained that this was an amendment to a current contract with American
Traffic Solutions and that if the Council approved the M&C, the City would only execute this contract
in the event the legislation in Austin had an adverse affect on the current contract.
Council Member Burdette stated that some time ago the City initiated the red light cameras as a means
of enforcing the ordinance that stated a person should not drive through a red light. He emphasized
that this was done because of public safety and it was quite obvious that the City and its citizens could
not afford to hire additional policemen and place them on each corner to observe those who may
violate the law by running a red light. He pointed out that the automated red lights had been effective
in reducing the amount of citizens who ran red lights and endangered themselves and other citizens.
He added that there had been recent articles in newspapers about red light cameras and criticism that
the red lights were a means of raising revenue for the municipalities. He added that he disagreed with
that perception and stated that the lights were there to enforce the law. He further stated that with
every traffic ordinance, the City potentially had an associated fine, but that did not mean it was a way
to raise revenue for the City.
Mayor Moncrief stated that the reason for this technology was being used by City was to prevent
accidents from happening such as those on Hulen and Overton and Boat Club Road. He added the
attempt in the Senate yesterday to add an amendment which would force cities to phase out the red
light cameras failed adoption. He added that this was the first step, but not necessarily the last step as
it still had to go to conference.
City Manager Fisseler clarified that the City executed a contract in 2007 that had an initial five (5)year
term with two (2) three (3) year renewal options. He added that today's action clarified that the
agreement would revise the term of the agreement to reflect the 11-year duration contemplated when
the agreement was written.
Council Member Scarth stated that because of the unfair attacks of this issue, he would like to see an
audit of accidents and revenue raised and also a future presentation that would clear up how the signals
were operated, timed and calculated on speed to ensure the citizens that this technology was just for
safety.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. C-23560 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 16 of 17
XVL ZONING HEARING
a.Cases Recommended for Approval
1.Zoning Docket No. ZC-08-205A - (CD 6) - City of Fort Worth Planning and Development, 901
Sycamore School Road; from "CR" Low Density Multi-Family and "E" Neighborhood
Commercial to "E" Neighborhood Commercial (Continued from May 5, 2009).
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-08-205A be approved. The motion carried unanimously eight (8) ayes to
zero (0) nays.
2.Zoning Docket No. ZC-09-028 - (CD 5) - Sagamore Baptist Church, 2301 Dottie Lynn
Parkway; from "A-5" One-Family to "E" Neighborhood Commercial (Continued from
May 5, 2009).
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-09-028 be approved. The motion carried unanimously eight (8) 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 Moss made a motion, seconded by
Council Member Espino, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 18637-05-2009
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 eight(8) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 26, 2009
PAGE 17 of 17
XVIL CITIZEN PRESENTATIONS
1.Mr. Joe Don Brandon, P.O. Box 1155, "Fort Worth Bicycle Police"
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and commended the work of the Fort
Worth Bicycle Police. Mr. Brandon expressed appreciation to Police Chief Halstead for his
commitment to make Fort Worth the safest City and stated that the bicycle police were doing an
extraordinary job without any accidents.
Council Member Burdette stated he was pleased with Mr. Brandon's comments about the bicycle
police and agreed that they did a marvelous job.
Mr. Brandon suggested that the City of Fort Worth start a citizen bike patrol to help police the
downtown area. He also discussed his donations and contributions to First Street Methodist Mission
in Fort Worth located on 1st Street and expressed appreciation for the mission's continued community
outreach.
XIX.ADJOURNMENT
There being no further business, the meeting was adjourned at 11:46 a.m.
These minutes approved by the Fort Worth City Council on the 2nd day of June, 2009.
Attest: Approved:
Marty Hendrix Michael J. Moncrief
City Secretary Mayor