HomeMy WebLinkAbout2009/07/21-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
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 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 10:21 a.m. on Tuesday, July 21, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Member Burns temporarily absent.
II.INVOCATION- Reverend Karl Travis, First Presbyterian Church
The invocation was provided by Reverend Karl Travis, First Presbyterian Church.
(Council Member Burns assumed his place at the dais.)
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 14, 2009
Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that the
minutes of the regular meeting of July 14, 2009, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 2 of 15
V. SPECIAL PRESENTATIONS, ,
1.Presentation by Kid Who Care
Ms. Kathryn Albright, Founder, Kids Who Care, introduced the international delegation of
chaperones that represented Albania, Italy, and Israel. The international chaperones offered brief words
of appreciation for continued support of the program. Ms. Albright stated the Kids Who
Care program produced confident and creative kids through musical theatre education and
performance. She further stated that the KidPower Leadership Team would perform a "Thank you"
song for the Council.
Mayor Moncrief expressed appreciation to members of the KidPower Leadership Team that attended
and performed at the meeting. He stated that they were the future leaders of this country and the
respective countries that they represented. He further stated that their success was only limited by their
imagination, and that participation in the program confirmed that they cared about their future and
achievements.
2.Recognition of International Leaclershi�Acaclerny
Mr. Phil Moroneso, Sister Cities Board Chairman, expressed appreciation to the Council for their past
and continued support of the Sister Cities Program. He stated that the City of Fort Worth would be
recognized in Northern Ireland on an international platform by 132 countries with a Humanitarian
Assistance Award for cities over 500,000 in population. He further stated that the award was won for
the efforts held in conjunction with the Samaritan House in Mbabane, Swaziland. He introduced the
student representatives from Mbabane, Swaziland, Toluca, Mexico, and Trier, Germany, who
presented gifts to the Mayor on behalf of their country. He also expressed appreciation to the Black
Leadership Alliance for their continued support and stated that over $90,000.00 was raised by the
organization for children in Swaziland to participate in the Sister Cities program.
Mayor Moncrief expressed appreciation to the student representatives and stated that the Council
believed in the Sister Cities program. He added that the Council looked forward to the program
gaining strength during the tough economic conditions.
3.Presentation of Proclamation for National Day of the American Cowboy in Fort Worth
Council Member Espino presented a Proclamation for the July 25, 2009, National Day of the American
Cowboy in Fort Worth to Ms. Pam Minick, Billy Bob's Texas, Ms. Kristen Jaworski, Trail Boss, Fort
Worth Herd, Mr. Gary Brinkley, Mayor, Saginaw, Texas, and Stockyard Station Event Manager, Ms.
Katie Nichols, Stockyard Station Event Manager, and Ms. Tassy Monroe, Texas Christian University
National Collegiate Athletic Association Champion Equestrian Team member. Ms. Minick invited
everyone to attend the celebration of the American Cowboy in the Fort Worth Stockyards on July 25,
2009, and stated the event would include food and fun for the entire family.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 3 of 15
VI.ANNOUNCEMENTS AND STAFF
1. Upcoming a nd Recent Events
Council Member Burns advised that Fort Worth residents could learn about potential railroad and
roadway improvements associated with Tower 55, the busiest at-grade railroad intersection in the
country, at public meetings and an open house on August 3, 2009, at the Fort Worth Intermodal
Transportation Center, 1001 Jones Street. He stated that a brown bag lunch public meeting would
begin at noon, followed by an open house at 5:30 p.m. and a public meeting at 6:30 p.m. He further
stated that the same information would be presented at both public meetings. He also advised that the
Fort Worth Animal Shelter was in great need of volunteers and those interested should call
817-392-3737 or visit the Animal Shelter Control Center located at 4900 Martin Street. He further
advised that a Crime Control and Prevention District Citizen Input meeting would be held at 7:00 p.m.
on July 22, 2009, at the Greenbriar Community Center, located at 5200 Hemphill Street, to discuss
renewal of the district.
2.Recognition of Citizens
There were no citizens recognized at this time.
VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Fisseler requested that Mayor and Council Communication No. PZ-2835 be withdrawn
from the Consent Agenda.
VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Mayor and Council Communication No. G-16633 be withdrawn
from consideration.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi Boards and ss s
There were no changes on Boards and Commissions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 4 of 15
X.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.
(Council Member Hicks left her place at the dais and left the meeting.)
XI.RESOLUTIONS
1.A es ti the United States AttorflgjjL ice
Re2ardin2 the Rainbow Lounge
The following individuals appeared before Council in support of a Resolution requesting an
independent investigation by the United States Attorney's Office regarding the events of
June 28, 2009, at the Rainbow Lounge, 651 South Jennings Street:
Mr. David Reed, 4500 McCart, No. 2
Mr. David Mack Henderson, 3451 River Park Drive,No. 2912
Mr. Dee Jay Johannessen, 909 West Magnolia
Mayor Moncrief stated that he was confident that the situation would be resolved in an open, timely,
and unbiased manner. He expressed his confidence in Police Chief Halstead and stated that the
proposed resolution was a confirmation of the investigation that the Council had promised.
Council Member Burns expressed appreciation to Mayor Moncrief and the Council Members for their
support, determination, and dedication to conducting a thorough and accurate investigation.
Council Member Burdette expressed appreciation to the individuals that addressed the Council and
stated that he supported an environment where witnesses could testify freely and frankly. He stated that
he hoped the investigation would sort all of the facts from fiction.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Resolution No. 3763-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 5 of 15
2.A Resolution of the City Coun il of the i rt rt axes, a i and Cace
Some Regularly Scheduled City Council Meetings Months of August Through December
2009
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that
Resolution No. 3764-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
3.A Resolution Supporting Implementation of the Nature Center Master Plan Through
Establishment of a Permanent Fund Dedicated to the Nature Center with Future Mineral Lease
Proceeds Uri to $62 Million
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Resolution No. 3765-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
4.A Resolution of the City Council of the City of Fort Worth, Texas, Appointing Ms. Brenda D.
Silcox to Serve as a Member of the Board of Directors of the Fort Worth Crime Control and
Prevention District to Fill an Unexpired Term effective July 21, 2009
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that
Resolution No. 3766-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
XII.CONSENT AGENDA
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
Consent Agenda be approved as amended. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
A.General - Consent Items
1.M&C G-16631 - Approving the Settlement and Authorizing the Payment of $75,000.00 in a
Lawsuit Entitled Monica Jesser v. City of Fort Worth, Cause No. 17-230303-08; Authorizing the
Payment to Monica Jesser and her Attorney Mark Haney of Kobs, Haney & Hundley, L.L.P., in
Full and Final Settlement of the Lawsuit; and Authorizing the Appropriate City Personnel to
Execute the Releases and Agreements Necessary to Complete the Settlement.
2.M&C G-16632 - Adopting Amendments to the Financial Management Policy Statements for
Fiscal Year 2008-2009.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 6 of 15
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-11006 - Authorizing the Purchase of a New VacStar Sewer Easement Machine Using
Texas Association of School Boards Cooperative Contract with CLS Sewer Equipment
Company, Inc., for the Sewer Cleaning Section of the Water Department for a Total Amount Up
to $33,360.00.
2.M&C P-11007 - Authorizing Payment for Emergency Repairs to Aircraft Rescue Fire
Fighting Apparatus R-35 from Crash Rescue Equipment Service, Inc., for Up to $27,900.00.
C.Land - Consent Items
1.M&C L-14805 - Authorizing the Transfer of$39,125.00 from the Water and Sewer Operating
Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18721-07-
2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund
from Available Funds, for the Purpose of Funding the Acquisition of One (1) Permanent Sewer
Facility and Water-Reclamation (Re-Use) Main Easement from Rio Trinidad, Ltd.; Authorize
the Acquisition of One (1) Permanent Sewer Facility and Water-Reclamation Main Easement
Near the Intersection of Randol Mill Road and Lowery Road in East Fort Worth for the
Construction of Sewer and Water - Reclamation (Re-Use) Lines, Described as a Portion of A.
Hampton Survey and James R. Newton Survey,Abstract No. 1169, Fort Worth, Tarrant County,
Texas; Finding that the Price Offered in the Amount of $36,125.00 Plus an Estimated Closing
Cost of $3,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of
Appropriate Instruments (DOE 4027, Project No. 01099).
2.M&C L-14806 - Accepting the Dedication of Approximately 14.269 Acres of Parkland and
Facility Improvements from D.R. Horton — Texas, Ltd., in Accordance with the Neighborhood
and Community Park Dedication Policy for Dorado Park.
E.Award of Contract- Consent Items
1.M&C C-23662 - Authorizing the City Manager to Execute Amendment No. 2 in the Amount
of $55,958.00 to City Secretary Contract No. 37391 with Freese & Nichols, Inc., for the Storm
Water Utility Project—East Harvey Avenue Storm Drain System and Burchill Channel, Thereby
Revising the Total Contract Cost to $269,023.00.
2.M&C C-23663 - Authorizing the City Manager to Enter into an Artwork Commission
Contract with Billy Hassell in an Amount of $44,000.00 for Fabrication, Transportation,
Lighting and Installation of Public Art at Fire Station No. 34 on Sendera Ranch Boulevard Near
Diamond Back Lane in Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 7 of 15
3.M&C C-23664 - Authorizing the City Manager to Execute an Engineering Agreement with
A.N.A. Consultants, LLC, in the Amount of$77,521.75 for a Drainage Study for the Tulsa Way
Drainage Improvements.
4.M&C C-23665 - Authorizing the City Manager to Enter into a Second Amendment to City
Secretary Contract No. 38021 with NashWest, LLC, for Staff Augmentation Associated with a
Comprehensive Reconciliation of the Municipal Court Services Financial Accounts to Increase
the Total Projected Compensation to $170,727.60.
5.M&C C-23666 - Authorizing the City Manager to Execute a Joint-Funding Agreement for
Water Quality Data Collection Activities in the Trinity River with the United States Geological
Survey; and Authorize the Payment of the City's Share of the Cost in the Amount of$33,607.00
for the Data Collection Activities.
XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1731 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XIV.REPORT OF THE CITY MANAGER
D.Planning & Zoning - (Removed from Consent Agenda for Individual Consideration)
1.M&C PZ-2835 - Authorize the City Manager to Adopt an Ordinance Vacating and
Extin2uishin2 an Alley Located in the J.N. Ellis Survey, A lace t to t 6 of the C.T. Hodge
Addition and t 1,Block 2 of the J.T. Blanchard Subdivision in the C ity rt Worth and an
Allev Located in the J.N. Ellis Survey, Adjacent to Lots 1 and 2 of the J.T. Blanchard
Subdivision Near the Intersection of Hemphill Street and Elizabeth Boulevard in the City of
Fort Worth, Texas; and Waive Any and All Purchase Fee Value of the Vacated Land in
Accordance with Citj Policy (M&C G-15624).
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. PZ-2835 be continued until the August 11,
2009, Council meeting. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 8 of 15
B.General
1.It was the Consensus of the Council that Mavor and Council Communication No. G-16633
Ratify Lthe A��lication for, and Authorize the Acceptance of a Grant, if Awarded, from the
Federal Emer2encv Management Agency in the Amount Not to Exceed $15,000,000.00 for the
Construction of Three Fire StationaL Authorize the Expenditure of Additional Ciy junds for
Construction and for Firefighter Positions and Equiment and Adopt ADDroDriation Ordinance,
be Withdrawn from Consideration.
C.Purchase of Equipment, Materials, and Services
1.MSC P-11008 -Authorize a Non-Interest Bearing Inter-Fund Loan from the General Fund to
the New Eguipment P rchase Fund in the Amount of$2,399,696.00 fo Interim Financing of t e
Purchase of Fire Ap aratus Pendi ion
Ordinance Increasing stimated Receipts and Appropriat ons in the New Eguip e Purchase
Fund Upon Receipt of the Inter-Fund Loan from the General Fund, for the Purpose of
Purchasing Four (4) New Rosenbauer General Safety Pump Truck Fire Apparat s for the Fire
Department; Authorize the Purcha f Texas Using
a Cooperative Contract Through Hous on-Galveston Area C
Louncil and _Adopt a
Reimbursement Resolution Statement Expressing Official Intent to Reimburse Costs of New Fire
Eguipment
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. P-11008 be approved and Supplemental
Appropriation Ordinance No. 18722-07-2009 and Resolution No. 3767-07-2009 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Hicks absent.
D.Land
1.M&C L-14807 - At)t)rove the Accer)tance of a Lease Amement for Natural Gas Drillin
Under 23.702 Acres, More or Less of City-Owned Properties Located in Tarrant County, Texas
Known as the 121 Right-of-Wav North Located North of Overton Ridge Boulevard, S of
Southwest Loop 820, West of River Ranch and East of Cilylake Boulevard, to XTO Energy Inc.,
for a Two (21 Year Primary Term in the Amount of$59 255.00.
Mayor Pro tem Scarth advised that he had filed a Conflict on Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. L-14807 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Hicks absent and
one (1) abstention by Mayor Pro tem Scarth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 9 of 15
2. m A r ve t o Acce to ce of a Lease A reement for Natural Gas Drilli
Under 22.062 Acres, More or Less, of Citj-Owned Properties Known as 121 Right-of Way Son h
Located South of Overton Ridge Boulevard
West of Overton Ridge Circle and East of Star
Drive and D n the Amount
of$55,155. 0.
Mayor Pro tem Scarth advised that he had filed a Conflict on 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 Burdette, that
Mayor and Council Communication No. L-14808 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Hicks absent and
one (1) abstention by Mayor Pro tem Scarth.
F.Award of Contract
1.M&C C-23643 - Authorize tht_LjI3�� xecute an Amendment to the Tax
Abatement A reement with Bank One,N.A. City Secretary Contract No. 28320 (Contin ed
from June
Council Members Jordan and Burns advised that they had traditional banking relationships with Bank
One, N.A., and had been advised that there was no conflict of interest related to this item.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23643 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
2.MSC C-23667 - At)gE2yg a Lease Agreement with XTO Enemy, Inc., to Allow Natural Gas
Drilling U der 1.289 Acres, More or Less, of Citj-Owne r eres as the Fairmount
Park Located at 1501 Fifth Ave nueTarrant County, Texas for a Two (2) Year Primary Term in
an Amount of$3,222.50.
Mayor Pro tem Scarth advised that he had filed a Conflict on 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 Espino, that
Mayor and Council Communication No. C-23667 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Hicks absent and
one (1) abstention by Mayor Pro tem Scarth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 10 of 15
3.M&C C-23668 - Authorize tht_fjj3�� t Execute A ree a is it Terracon
Consultants, Inc., T. Smith Insp ction and 0
Consultants, Inc., Professional Service Industries, Inc., and HVJ Associates Inc. for
Geotechnical and Construction Materials and Environmental Testing for Various Construction
Projects. The Term of Each Agreement is One (1) Year with Two (2) One (1) Year Renewal
Ot)tions. The Annual Not-to-Exceed Value of each Contract is $200,000.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23668 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
4.M&C C-23669 - Authorize the City Manager to Execute a Contract with ProCon Paving and
Construction in the Amount of $24 r 50 CalendaLDays for the 2007 Critical Ca ital
Project at Hunters Creek Drive, from 235 Feet West of Garden Springs Drive to 325 Feet West
of Hunters Creek Court.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23669 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
5.MSC C-23670 - Authorize the City an�aer to Execute Amendment No. 5 in the Amount of
$133 060.00 Plus UD to $2, for Reimbursable Expenses to CitL Secretary Contract No.
........... ....._
35557 with RPGA Design Group, Inc., r Additiona esi Services to Meet the Near
Southside D t Standards and Guidelines for Fire Station No. 5 to be Located at 850
Irma Street (Between r Street and Magno is Avenue and Between Evans Avenue and 1-35
North Service
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23670 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
6.MSC C-23671 - Adopt an Appropriation Ordinance Increasing._Estimated RgigiaLs and
Atmrot)riations in the Specialiv Fgpded_Capital Proiects Fund in the Amount of ,$357,100.00
_
from Available Funds for the Purpose of Funding the Construction of the Citizen Drop- ff
Station at 6250 Old Hemphill Road (South Side Drop Off Station); and Ant orize the C
Manager to Execute a Construction Contract in the Amount of $1,025,000.00 with Tegrity
Contractors, Inc.
Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23671 be approved and Appropriation
Ordinance No. 18723-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 11 of 15
7.M&C C-23672 - Authorize the City Manager to Exe to a Contract with JLB Contra
LLC, in the Amount of $760,110.50 for 180 Calendar Days for Hot Mix Asp altic Concrete
Surface Overlav 2009-10 at 23 Locations.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23672 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
8.M&C C-23673 - Authorize the City Manager to Execute a Contract with JLB Contra
LLC, in the Amount of $670,479.75 for 150 Calendar Days for Hot Mix Asphaltic Concrete
Surface Overlay 2009- 2 at 23 Locations.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. C-23673 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
9.MSC C-23674 - Authorize the Transfer of$732,932.00 from the Water and SeM±LO p erating
,9
Fund to the Water Cat)ital Proiects Fund in the Amount of$439,759.20 and to the Sewer Capital
Projects Fund in the Amount of $293,172.80; Adopt an A ropriation Ordinance Increasing
Estimated ReceigLs and Appropriations in the Water Capital Proiects Fund and the Sewer
C
La2ital Pro*ects Fund ic
from Available Funds
Concrete S urface Over lay 2009-17 at 16 Locations; and uthorize the City MangggL to Execute
a Contract with Austin Bridge & Road L.P. in the Amount of $1,465,864.00 for 210 Calendar
Days.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23674 be approved and Appropriation
Ordinance No. 18724-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
10.MSC C-23675 - Authorize the Transfer of$77,029.00 from the Water and SeM±L_Operatin2
Fund to the Sewer 'a it Proiects Fund; Adopt an Appropriation Ordinance Increasin
Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, front Available
Funds, for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LXVI (66) on Five
(5) Alleyways, Alamo Avenue and Duboise Street; and Authorize the City Manager to Execute
the Contract in the Amount of$1,134,300.00 with Burnsco Construction
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-23675 be approved and Appropriation
Ordinance No. 18725-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 12 of 15
11.M&C C-23676 - Authorize the Transfer of$204,799 00 from the Water and SewEL_0p era
ting
Fund to the Sewer Capital Projects Fund; Adopt an Appropria ion Ordinance Increas
Estimated Receipts and ADDroDriations in the Sewer Capital Proiects Fund, from Available
Funds, for the Purpose of Funding_the_Vi11a
I e...............g_Creek Draina e Area Wastewater Collection
Sjstem Evaluation Study e tween Rosedale Street and Avenue L-and Authorize the Ci
Manner to Execute Amendment No. 3 to Citv Secretary Contract No. 26426 to Change t he
Engineering Firm from Wade & Associates to C112M Hill, Inc., per a Novation Agreement (City
Secretary Contract No.12615) and to Increase the Amount of the Agreement by $180,909.00 for
A iti a i sari Services, ere y cre si the to AgELe ment Amount to
$1,110,696.00.
Motion: Council Member Bums made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23676 be approved and Appropriation
Ordinance No. 18726-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Hicks absent.
12.MSC C-23677 - Authorize the City Manager to Execute an Interlocal Agreement with
Tarrant Counly to C nstruct Parking and Road Impro ements at the Rolling Hills Service
Center with City Participation in an Amount Up to $117,648.00.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23677 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent.
XV.PUBLIC HEARING
1. Second Public Hearing for a Proposed City- nitiated Annexation of Approxim ate ll 51.3 Acres
of Land in Tarrant County, Located South of Avondale-Haslet Road and West of Willow
Springs Road. (AX-02-009 Willow Springs Ranch Enclavel
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Bg22LL2LLjL_aLaff
Ms. Beth Knight, Senior Planner, Planning and Development Department, appeared before Council
and provided a staff report.
b.Citizen Comments
There were no citizen comments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 13 of 15
(XV. PUBLIC HEARING Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
the public hearing be closed. The motion carried unanimously eight(8) ayes to zero (0)
nays, with Council Member Hicks absent.
XVL CITIZEN PRESENTATIONS
1.Mr. Joe Don Brandon, x 1155, Fort Worth ay aborHall
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council regarding the Fort Worth Day Labor
Hall and called for the investigation of the Director. He also expressed appreciation to Council
Members Burns and Hicks for their positive efforts related to the Rainbow Lounge incident.
Council Member Burns stated he was interested in the Day Labor Center and the laborers that
congregate outside and in the area of the Center located in District 9. He identified the Day Labor
Center as a potential budget cut, but stated that nothing was final. He stated that he would meet with
Mr. Brandon to discussion the matter further.
Mr. Fernando Florez, 4740 Hemphill Street, President of the South Hemphill Heights Neighborhood
Association, appeared before Council regarding the Summer Mobile Recreation Program. He stated
that the Summer Mobile Recreation Program was 10 years old and assisted 697 children, ages 5-14
years old, each year with their summer recreation programs. He distributed letters from citizens
declaring their support of the program.
Council Member Burns stated that he supported the Summer Mobile Recreation Program and stated it
was very important that the City continued to work with Fort Worth Independent School District and
private donors to allow children to participate in summer activities.
Ms. Pauline Jasca-Valenciano, 8528 Garden Springs Drive, appeared before Council and spoke
regarding the Summer Mobile Recreation Program and stated that the program had increased the
children's self esteem and their leadership skills and was an important part of the City of Fort Worth
summer activities.
Mr. Greg Urech, Mr. Adam Cornett, and Mr. Wes Homeyer, Centex Homes, 1603 LBJ Freeway, Suite
600, Dallas, Texas 75234; and Mr. Michael Collier, History Maker Homes, 319 Polo Trail, Colleyville,
Texas 76034, appeared before Council regarding building standards related to the 8 foot garage to front
wall set back(Single Family Residential Code 6.507). They stated that the change to the building code
would not allow the builders to construct over 50 percent of their home designs, which included their
most popular and affordable homes. They further stated that timeline related to the change in policy
was unrealistic and requested that the policy change be put on hold until discussions with other
builders in the area could take place and an alternative could be reached.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21, 2009
PAGE 14 of 15
(XVI. CITIZEN PRESENTATIONS Continued)
Ms. Susan Alanis, Director, Planning and Development clarified that the administration had conveyed
to the building community that if the builder had a contract in hand at the time of the policy change the
City would honor those contracts under the previous building standards.
City Manager Fisseler clarified that when the recession hit there were several subdivisions with
housing underway and because of the changes in the building industry, the intent of the changes in
policy was to make sure those existing homeowners were protected with the new sustainable
guidelines. He referred the individuals to Ms. Alanis for a discussion on how exactly the changes will
affect the builders. He advised that Ms. Alanis provide an update to Council regarding opportunities to
address those challenges in the near future.
XVIL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER}
It was the consensus of the City Council that they recess into Executive Session at 11:38 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) Legal issues concerning the former Riverside Wastewater Treatment Plant;
b) Legal issues concerning interim construction loans utilizing HOME program funds;
c) Legal issues concerning DFW International Airport;
d) Faye Anna Mitchell, et al. v. FW Sports Authority, Inc. and City of Fort Worth, Case
No. ED-2007-00232;
e) City of Fort Worth v. Sunrise Apartments, 4909 E. Lancaster Avenue, Fort Worth,
Texas (In Rem), and Des Moines, Inc., Cause No. 153-233178-08;
fl Legal issues concerning the claim of Eric Flores;
g) Legal issues concerning Neighborhood Empowerment Zone Tax Abatements;
h) Legal issues concerning boards and commissions;
i) Legal issues concerning any item listed on today's City Council meeting agendas; and
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
JULY 21,2009
PAGE 15 of 15
(XVII. EXECUTIVE SESSION Continued)
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.
XVIII.ADJOURNMENT
There being no further business, the meeting was adjourned at 12:50 p.m.
These minutes approved by the Fort Worth City Council on the 28th day of July, 2009.
Attest: Approved:
le
Marty Adrix Michael J. Mon rief
City Secretary Mayor