HomeMy WebLinkAbout2009/07/28-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
Present
Mayor Mike Moncrief
Mayor Pro tem Daniel Scarth, District 4
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
Absent
Council Member Salvador Espino, District 2
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 10:08 a.m. on Tuesday, July 28, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Member Espino absent and Council Member Moss temporarily absent.
IL INVOCATION- Rabbi Ralph Mecklenberger, Beth-El Congregation
The invocation was provided by Rabbi Ralph Mecklenberger, Beth-El Congregation.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
(Council Member Moss assumed his place at the dais.)
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 21, 2009
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 2 of 20
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that the
minutes of the regular meeting of July 21, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
V. SPECIAL PRESENTATIONS INTRODUCTIONS
1.Presentation on the 2009 Mavor's Committee on Persons with Disabilities
Mr. Dan Gladbury, Vice Chair, Mayor's Advisory Committee on Persons with Disabilities, presented
$1,000.00 scholarships to three recent high school graduates: Mr. Julio Mileo, Paschal High School;
Ms. Asia Larkin, Crowley High School; and Mr. David Williams, North Crowley High School.
Mayor Moncrief stated that the Committee supported increased awareness and changing laws to
include persons with disabilities. He further stated that this was an exciting time for the recipients of
the scholarships and wished them future success.
Mayor Pro tem Scarth congratulated the scholarship recipients and stated that the program provided
leadership opportunities, employment, and accessibility.
VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming nd Recent Events
Council Member Burdette introduced Arlington Heights Boy Scout Troop 44 members Nathan and
Daniel Turner, who attended the Council meeting, and presented them with Molly pins. He
commended them for their leadership skills and wished them great success.
Council Member Burns advised that the Hispanic Wellness Fair would be held on August 1, 2009,
from 9:00 a.m. to 2:00 p.m. at the Amon Carter Exhibit Hall and stated that those interested could
contact the District 9 Office at 817-392-8809 or the Fort Worth Hispanic Chamber of Commerce at
817-625-5411 for more information. He pointed out that 15,000 visitors were expected at the event. He
further 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 added 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.
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 3 of 20
Mayor Moncrief advised that 20-year old Airman Colton Read, son of 21-year Fort Worth
Transportation and Public Works employee Mr. Steven Read, was in the hospital in California after
complications related to a routine gall bladder surgery. He stated as a result of the
complications, Airman Read had to have both of his legs amputated. He further stated that a fund had
been established for travel and living expenses for the Read Family and those who wished to contribute
could contact Ms. Brenda Midgett or Ms. Paula Lovell at 817-392-8086. He also advised that a fund
had been created at Frost Bank for Airman Read and those who wished to make contributions could do
so by visiting www.frostbank.com and clicking on Colton Read Benefit Fund.
2.Recognition of Citizens
There were no citizens recognized at this time.
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.
City Manager Fisseler advised that staff would make a presentation related to Mayor and Council
Communication G-16636.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Chan2es in Membersh Boards and ss s
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Ms. Jesse Johnson be appointed to Place 8 on the Library Advisory Board effective
July 28, 2009, and with a term expiring October 1, 2010. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS COMMISSIONS
AND/OR COMMITTEES
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 4 of 20
Mayor Moncrief made the following appointments to City Council Committees:
Legislative and Intergovermental Affairs Committee:
Council Member Carter Burdette—Chair
Council Member Jungus Jordan - Vice Chair
Council Member Joel Burns
Council Member Frank Moss
Infrastructure and Transportation Committee:
Council Member Salvador Espino— Chair
Council Member Jungus Jordan
Council Member Zim Zimmerman
Council Member Joel Burns
Housing and Economic Development Committee:
Council Member Jungus Jordan— Chair
Council Member Carter Burdette - Vice Chair
All Council Members
Audit and Finance Committee:
Council Member Jungus Jordan— Chair
Council Member Kathleen Hicks - Vice Chair
Council Member Carter Burdette
Mayor Mike Moncrief
Mr. John Stevenson
Mr. Bill Leonard (Resigned)
Court Committee:
Council Member Carter Burdette—Chair
Council Member Salvador Espino
Council Member Kathleen Hicks
Mayor Moncrief advised that the Council intended to create the Audit and Finance Committee as a
standing committee and that the Law Department was reviewing the request. He further advised that a
resolution on the agenda would, if approved, appoint Council Member Zimmerman as the Chair for the
Southwest Parkway Tax Increment Financing District.
(X. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 5 of 20
City Manager Fisseler clarified that Mr. Bill Leonard resigned from the Audit and Finance Committee
and requested Mayor Moncrief appoint another qualified citizen.
Council Member Hicks requested Mayor Moncrief appoint a woman to fill the vacant position on the
Audit and Finance Committee.
Mayor Moncrief advised he would consider all recommendations by Council and would appoint the
most qualified candidate.
XI.RESOLUTIONS
1.A Resolution Supporting the Res oration and r ve e Heritage Plaza
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Resolution No. 3768-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Espino absent.
Council Member Burns expressed appreciation to various organizations that supported the restoration
and improvement of Heritage Plaza.
Mayor Moncrief stated that Heritage Plaza was a beautiful location with a clear view of the bluffs and
stated that the end result would be a wonderful area for all to enjoy.
2.A Resolution Appointing Council Member Zim Zimmerman to the Board of Directors of Tax
Increment Reinvestment Zone Number Eleven, Citv of Fort Worth, Texas (South est Parkway
TIF) and Appointing Council Member Zimmerman as the Chairperson of the Board of the
Directors of the Southwest ar ay TIF
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Resolution No. 3769-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Espino absent.
XII.CONSENT AGENDA
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to
zero (0) nays, with Council Member Espino absent.
A.General - Consent Items
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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PAGE 6 of 20
1.M&C G-16634 - Authorizing the City Manager to Retain Charles Gunter of the Law Firm of
Whitaker, Chalk, Swindle and Sawyer, LLP, as Outside Counsel, Pursuant to Chapter VI,
Section 3 of the City Charter, for the Federal Trademark Registration of the City's Logo and to
Provide Legal Consultation to the City Attorney's Office on Copyright Issues; and Adopting
Resolution No. 3770-07-2009 Designating in Advance, as Far as Practicable, that the Amount to
be Paid to Whitaker, Chalk, Swindle and Sawyer, LLP,will not Exceed $1,500.00.
2.M&C G-16635 - Adopting Resolution No. 3771-07-2009 Authorizing the Employment of
Fulbright & Jaworski, L.L.P., as Outside Legal Counsel for Disclosure Requirements Related to
Upcoming Bond Sales at an Aggregate Fee Amount Not to Exceed $30,000.00.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-11009 - Authorizing the City Manager to Authorize the Purchase of Attack and
Supply Fire Hoses from Casco Industries, Inc., for $30,810.00 for the Fire Department Based on
Low Bid Meeting Specifications with Payment Due 30 Days After Receipt of Invoice and Freight
is Included in the Unit Price.
C.Land - Consent Items
1.M&C L-14809 - Authorizing a Conveyance of a Temporary Construction Easement to the
Tarrant Regional Water District for Excavation and Filling on City Property Adjacent to and
Occupied by the Auto Impound Lot for the Trinity River Vision — Central City Project for a
Period of Seven (7)Years.
2.M&C L-14810 - Approving the Acquisition of One (1) Right-of-Way Easement and One (1)
Temporary Construction Easement Described as the Jesse Billingsley Survey, Abstract No. 70,
Absolute Stone Track, Tarrant County, Texas, from Juan and Oralia Salas and Absolute Stone
Fabricators, Inc., Located at 4102 Keller Hicks Road in North Fort Worth for the Widening of
Keller Hicks Road; Finding that the Price Offered in the Amount of $34,300.00 Plus Estimated
Closing Costs of$4,000.00 is Just Compensation; and Authorizing the Acceptance and Recording
of Appropriate Instruments.
E.Award of Contract- Consent Items
1.M&C C-23678 - Authorizing the City Manager to Execute a Contract with the United States
Equal Employment Opportunity Commission in an Amount Up To $87,900.00; and Adopt
Appropriation Ordinance No. 18727-07-2009 Increasing Estimated Receipts and Appropriations
in the Grants Fund Upon Receipt of the Reimbursement from the United States Equal
Employment Opportunity Commission, for the Purpose of Funding a Contract with the United
States Equal Employment Opportunity Commission to Process Employment Discrimination
Cases for Fiscal Year 2008-2009.
2.M&C C-23679 - Authorizing Transfer of $22,676.00 from the Water and Sewer Operating
Fund to the Water Capital Projects Fund; Adopting Appropriation Ordinance No. 18728-07-
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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PAGE 7 of 20
2009 Increasing Estimated Receipts and Appropriations in the Water Capital Projects Fund
from Available Funds, for the Purpose of Funding Pavement Reconstruction and Water and
Sanitary Sewer Main Replacement on Portions of Forbes Street (Miller Avenue to Hatcher
Street), Griggs Street (East Berry Avenue to Forbes Street), Eastover Avenue (Ramey Avenue to
Avenue N) and Millet Avenue (Bishop Street to Campbell Street and Wallace Street to Dillow
Street); and Authorizing Change Order No. 3 in the Amount of $43,736.70 to City Secretary
Contract No. 37375 with McClendon Construction Company, Inc., Thereby Increasing the Total
Cost to $2,330,387.09.
3.M&C C-23680 - Authorizing the City Manager to Execute Amendment No. 1 in the Amount
of $84,070.00, Plus Up To $6,500.00 in Reimbursable Expenses, to City Secretary Contract No.
37308, an Architectural Agreement with Dennehy Architects, Inc., for Additional Design
Services for the Tenant Space Revisions at the Hazel Harvey Peace Center for Neighborhoods
Located at 818 Missouri Avenue, at the Corner of Missouri Avenue and Terrell Street.
4.M&C C-23681 - Authorizing the City Manager to Execute the Second Five (5) Year Lease
Renewal of City Secretary Contract No. 10723 with Aero Plane Shop, Inc., for Hangar 12-5 at
Fort Worth Meacham International Airport.
5.M&C C-23682 - Authorizing the City Manager to Execute Amendment No. 5 to City
Secretary Contract No. 32880 with DFW Advisors, Ltd., Co., to Provide Additional Project
Management for the Noise Mitigation Program, Phase V, at Fort Worth Meacham International
Airport and Approve an Increase in the Payment Amount of the Contract by $13,000.00, with a
Revised Contract Amount Not To Exceed $1,365,869.91.
6.M&C C-23683 - Authorizing the City Manager to Execute a Community Facilities Agreement
with City Participation in the Amount of $53,552.44 with Carlyle/Cypress West 7th, LLC, a
Delaware Limited Liability Company, for the Installation of Water and Sanitary Sewer Services
to Serve Carlyle/Cypress West 7th, LLC, Van Zandt Addition, Blocks 2R, 3R, 8R and 9R, a
Development Located in West Seventh Village.
7.M&C C-23684 - Authorizing the Transfer of$15,997.49 from the Water and Sewer Operating
Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18729-07-
2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund
from Available Funds, for the Purpose of Authorizing Payment Under Protest to Southwestern
Bell for Relocation of Facilities Located at 7th Street/Carroll Street Intersection— Sanitary Sewer
Rehabilitation Contract LXVII (67), Part 1; and Authorizing a Payment Under Protest to
Southwestern Bell for Additional Cost Incurred for the Relocation of its Conflicting Utility.
8.M&C C-23685 - Authorizing the Transfer of$77,344.00 from the Water and Sewer Operating
Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18730-07-
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 8 of 20
2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund
from Available Funds, for the Purpose of Funding Sanitary Sewer Main 253 Replacement from
the Woodhaven Boulevard/Randol Mill Road Intersection Easterly to the Village Creek
Wastewater Treatment Plant; and Authorizing the City Manager to Execute Amendment No. 2
to City Secretary Contract No. 29007 with TranSystems Corporation, d/b/a TranSystems
Corporation Consultants, Thereby Increasing the Contract Amount to $1,002,922.00.
XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. 732 - Notice of Claims for Alle2ed Dama2es and/or Iniuries
End of Consent Agenda.
XIV.REPORT OF THE CITY MANAGER
B.General
1. 3 - Adout an Ordinance Directin2 Publication tics of Intention to ss e an
Amount Not To Exceed $63,655,000, C®mbination Tax and Limited Surplus Revenue
Certificates of Obli2ationSeries_2009-_and Ordaining ter Matters Relating to the S iect;
Approve the Form of Notice; Authorize the City Manager to Cause Said Notice to be Published
in a e s a er of General Circulation in the CiLI_2f Fort WorthTexas for Two (2) Consecutive
Weeks the Date of the First Publication to be Before the 30th Day Before the Day Tentatively
Pro[3osed for Authorizing the Issuance of the Certificates of Obligation in Said Notice; and
Authorize the Proceeds be Used for Critical C
Lapital Needs, Cost Over-Runs from the 2004 CIP
Pro2ram, Acguisition of Fire EguinMggt and Computer Software AS Described in the Notice of
Intention.
Mr. James Mauldin, City Treasurer, Financial Management Services Department, appeared before
Council and provided a staff report.
Mayor Pro tem Scarth requested that staff provide a list of projects that were planned for funding by
the Certificates of Obligation within the next 30 to 60 days.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. G-16636 be approved and Ordinance No.
18731-07-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Espino absent.
C.Purchase of Eguipment, Materials, and Services
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 9 of 20
I.M&C P-11010 - Authorize the Purchase of Painting Preparatio and Priming Services for
Cowtown BEHIk Up 2009 with GTO Construction for the Housing and Economic Develo ment
DeD art ment for an Amount UD To $227,330.50; Authorize the City Mana2er, or His Desi2nee, to
Execute a Conditional Commitment with GTO Construction that Conditions Funding and ter
Items Upon Satisfactory Completion of CommHgjjL�Develo�iment Block Grant Requirements for
an Amount Not To Exceed $332,709.50-a_nd Authorize the Services for an Amount Not To
Exceed $56
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. P-11010 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
2.MSC P-11011 - Authorize a Purchase Agreement r Water-Saying Toilets with Morrison
Supply Company through a Coop rative Purchasing Agr ement Contract No. 06-356 with San
Antonio Water Systems for the Water Dep rtment for an Annual Amount Up To $755,8 0.00
and Approve the Water Dep art men 's Smart flush Program
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. P-11011 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
(Council Member Hicks left her place at the dais.)
D.Land
1.M&C L-14811 - Authorize the Transfer of$107
,I 10.00 from the WattE Operating Fund to the
Water Capital Pr®iects Fund; Adopt an n Ordinance Increasing Estimated
Receipts and Appropriations in the Water Capital Proiects Fund.,from Available Funds, for the
Purpose of Funding the Acquisition of Water Line and Construction Easements-Authorize the
Acauisition of Six (6) Permanent Water Line Easements and_your 4) Temt)orary Construction
Easements Described as a Portion of N. Holbrook Survey, Abstract No._647,_Fort Wort
Tarrant Countv, Texasfrom FW Vista West 11, L.P., Ne rte Intersection of Old Weatherford
Road and Chapel Cre k Road in West Fort Worth for the Construction of the Westside Water
Treatment Plant, Find that the Price Offered in the Amount of $104,110.00 Plus an Estimated
Closing Cost of$3,000.00 is Just Compensation and Authorize the Acceptance and Recording f
Atmrot)riate Instruments.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. L-14811 be approved and Appropriation
Ordinance No. 18732-07-2009 be adopted. The motion carried seven (7) ayes to zero
(0) nays, with Council Members Espino and Hicks absent.
(Council Member Hicks returned to her place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 10 of 20
2.M&C L-14812 - Conduct a Public Hearing nder the Guidelines Set Forth bj t e Texas Parks
and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and Close
the Public Hearing and Authorize the Citv Manager to ADDrove the Following Parks for
Subsurface Drilling an the Extraction of Natural Gas from an Off Site Location: Blue Bonnet
Circle Park Located at 3489 Blue Bonnet Circle, Located at the Terminus Intersection of
Biddison Street, Park Ridge Boulevard and University Drive; and Worth Hills Park Located at
3301 Be ook Boulevard, Locat d West of Lamesa Place and Odessa Avenue, orth and South
of Benbrook Boulevard and North of Worth Hills Drive.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Renort of Citv Sta
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: There being no one present desiring to be heard in connection with the public hearing,
Council Member Bums made a motion, seconded by Council Member Hicks, that the public hearing
be closed and Mayor and Council Communication No. L-14812 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
3.M&C L-14813 - Conduct a Public Hearing Under the Guidelines Set Forth by the Texas
Parks and Wildlife Code, Chapter 26, Protect on of Public Parks and Recreational Lands; a nd
Close the Public Hearing and Authorize the Citv Manner to Annrove the Following Sites for
Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Linwood
Addition, Blocks 18 and 20, Located East of University Drive South and North of Wingate
Street,West of Carroll Street, and orth of Mercedes Avenue (PUBLI HEARING
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
(M&C L-14813 Continued)
CITY OF FORT WORTH, TEXAS
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JULY 28, 2009
PAGE 11 of 20
a. r
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: There being no one present desiring to be heard in connection with the public hearing,
Council Member Burns made a motion, seconded by Council Member Zimmerman, that
the public hearing be closed and Mayor and Council Communication No. L-14813 be
approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Espino absent.
4.MSC L-14814 - Conduct a Public Hearing Under t Guidelines Set Forth bj the Texas
Parks and 1 1 e Code, Chapter 2 , Protect l on of Public Parks and ecre tl a s; a nd
Close the Public Hearing and Authorize the City Manager to Approve the Following Park for
Subsurface ri i and the Extraction of Natural as from an Site Location: is Hill
Park Located at 3709 Weber Street, Located East of Hardy Avenue, South of 37th Street, Nor It
of 36th Street and at the Terminus of Weber Street.JP UBLIC HEARI
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.
c.Council Action
Motion: There being no one present desiring to be heard in connection with the public hearing,
on behalf of Council Member Espino, Council Member Burns made a motion, seconded
by Council Member Hicks, that the public hearing be closed and Mayor and Council
Communication No. L-14814 be approved. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
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JULY 28, 2009
PAGE 12 of 20
5.M&C L-14815 - Conduct a Public Hearing Under t e Guidelines Set Forth b3: the Te as
Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and
Close the Public Hearing and A thorize the City Manager to ADDrove the FolloAigg Parks for
Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location: Stephens Park
Located at 2701 West Gambrell Street, Located South of West Gambrell Street North of West
Boyce Avenue and West of Merida Avenue; and River Park Located at 3100 Bryant Irvin Road,
Located as of State Highwal 18 3 and Cumberland Road, West of Br3:ant Irvin Road, Nort of
t Trinity River and South of Vickery Boulevard. (PUBL C HEARIN
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.
c.Council Action
Motion: There being no one present desiring to be heard in connection with the public hearing,
Council Member Zimmerman made a motion, seconded by Council Member Hicks, that
the public hearing be closed and Mayor and Council Communication No. L-14815 be
approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Espino absent.
E.Planning & Zoning
1.M&C PZ-2836 -A t an Or inance Changing the N me of Arch Adams Lane from West 6th
Street to West 7th Street to "Arch Adams Street" Located Adigcent to Blocks 3 and 4, William J.
Barley Addition, Fort Worth, Teas; Making this Ordinance Cumulative of All Other
Ordinances Affecting Street Names; Repealing All Ordinances in Conflict Herewith. (PUBLIC
HEARING}
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
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PAGE 13 of 20
(M&C PZ-2836 Continued)
a.Report of City Staff
Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before
Council and provided a staff report.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: There being no one present desiring to be heard in connection with the public hearing,
Council Member Burdette made a motion, seconded by Council Member Zimmerman,
that the public hearing be closed, Mayor and Council Communication No. PZ-2836 be
approved and Ordinance No. 18733-07-2009 be adopted. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
F.Award of Contract
1.M&C C-23686 - Ratifv a Five (5) Year Service A ree e t with Marcus Cable Associates
L,.L,.C'., d/ /a Charter Communications, a Sole Source Provider, to Provide Expanded Basic
Cable Television Services t o Citv Hall and Selected t yi n2 Municir)al Buildin2s in an
Approxim to Annual Amount of 577,658.00.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor
and Council Communication No. C-23686 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
2.M&C C-23687 - Authorize the City Manager to Execute Public Right-of Wa3 Use
A ree e is with Cowtown i e i e, ., a License to str ct and erate a Natural Gas
Gathering Pipeline Across Intermodal Parkway, West of Farm to Market Road 156 and
Granting is si ver Resources, Inc., a Lice se to str ct and erate a Corresponding
Saltwater i e i e i t o Same Location for a One O Ti e License Fee Totaling $ ,
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23687 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 14 of 20
3.M&C C-23688 - Authorize thL C
�i�tMana erto Execute a Public Right-of-Way se
Agreement with Barnett Gathering, L.P., to Install and Operate a Natural Gas Gathering
Pipeline A ross Mosier Valley Road, West of North Collins Street for a One (1) Ti e License Fee
of$3,818.00.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23688 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
4.M&C C-23689 - At)r)rove the Accer)tance of a Lease Agreement for Natural Gas Drillin
Under 93.769 Acres e r eres Known as SlEamore Park Located at 2525 as
Rosedale, S outh of Vickery Boulevard,West o South Beach Street, No th of Rosedale Street and
East of Sycamore Terrace to Chesapeake Exploration, L.L.C., in the Amount of 5263,772.02 for
a Two (2)Year Pri mary 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 Hicks made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23689 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Member Espino absent and
one (1) abstention by Council Member Jordan.
5.M&C C-23690 - Authorize the City Manager to Execute a Contract with Advanced Paving
Acquisition, Ltd., in an Amount Up To $822,783.00 for 190 Calendar Days for Hot Mix Asphaltic
Concrete Surface Over lay 2009-11 at 13 Locations.
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. C-23690 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
6.M&C C-23691 - Authorize the City Manager to Execute a Contract with Dirtco, d/b/a Styles
Contracting, in the Amount of $1,262,606.25 for 210 Calendar Days for Hot Mix Asphaltic
Concrete Surface Over lay 2009-8 at 33 Locations.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette,
that Mayor and Council Communication No. C-23691 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 15 of 20
7.M&C C-23692 - Authorize the Transfer of$504 91.00 from the Water and SeM±LO erating
,9
Fund to the Water C 616.00 a
Lapital Pro*ects Fund in the Amount of $205, d Sewer C
jests
Fund in the Amount of $299,375.00; AdoDt an Amn-ouriation Ordinance Increasing
Estimated Receipts and Appropri tions in the Water Ca r 'ecs and in the Sewer
_"a pital ProJects Fund from a Water and Se er era ra s er, rte r se of
Fundin2 a Contract with Lau2h1ev Brifte and Construction, Inc., for Storm Drainage
Improvem nts and Water and Sanitary Sewer Replacement for the Pr ated as Robin-
Denver Storm Drain Reconstruction; and A thorize the City Manager to Execute the Contract
in the Amount of$1,707 448.00.
Motion: On behalf of Council Member Espino,Council Member Hicks made a motion,
seconded by Council Member Burns, that Mayor and Council Communication No. C-
23692 be approved and Appropriation Ordinance No. 18734-07-2009 be adopted. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Espino absent.
8.MSC C-23693 - Authorize the Transfer of$947,126.00 from the Water and Sewer LOperating
Fund to the Water Cat)ital Proiects Fund in the Amount of $613
,110.00 and Sewer Capita
Projects Fund in the Amount of $334,016.00; Adopt an A ropriation Ordinance Increasing
Estimated Receir)ts and ADDroDriations in the Water Cauital Proiects Fund and in the Sewer
_"a pital ProJects Fund from a Water and Se er era ra s er, rte r se of
Fundin2 a Contract with R&D Burns Brothers Inc., for the Water and Sanitary Sewer
Replacement Contract 2005, WSM-H; and Authorize the City Manager to Execute the Contract
in the Amount of$860,030 00
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-23693 be approved and Appropriation
Ordinance No. 18735-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Espino absent.
9.MSC C-23694 - Authorize the City an�aer to Execute Amendment No. 3 in the Amount of
$168 001.00 to City Secretary Contract No. 27845 with C112M Hj11,1nc..,for the Sanitary Sewer
Main 286 and CDSL 32-T Drainage Areas Sanitary Sewer Improvements Thereby Increasing
the Contract Amount to $1,538,15 .00.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. C-23694 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 16 of 20
10.M&C C-23695 - RalLfL the Water_De ost
art Application for a $4,215,039.00
Sharing Matching Grant from the United States Departrrient of Enemy Through the National
Ener2v Technolo2v Labo rat orv; and if Awarded the Grant, Authorize the City Manager t o
Accept the Cost Sharing Matching Grant; Authorizing the Transfer of $4,215,039.00 from the
Commerca a er e er Fund to the Water and Sewer Capital Grants Fund; and Adopt an
Annronriation Ordinance Increasin2 Estimated Receints and ADDroDriations in the Water and
Sewer Cap tal Grants Fund in the Amount of$824302077.00, Subject to Receipt of the Grant, for
the Purnose of Fundin2 Proiects that De Sustainable Ener2v Infrastructure Projects a nd
Enemy Efficient Industrial Technologies.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23695 be approved and Appropriation
Ordinance No. 18736-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Espino absent.
11.MSC C-23696 - Authorize the Transfer of$974,283.00 from the Water and Sewer OgergjLng
Fund to the Sewer Capital Projects Fund; Adopt an Appropria ion Ordinance Increas
Estimated Receints and ADDroDriations in the Sewer Cat)ital_Pro*ects Fund for the Purpose of
Funding an Engineering Agreeme t with Malcolm it le, Inc., for t e West For terce t r
and Village Creek Wastewater Treatment Plant Odor and Corrison CogjL21 Improvements, and
Authorize the City Manager to Ex cute the in the Amount of$954,283. 0.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-23696 be approved and Appropriation
Ordinance No. 18737-07-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Espino absent.
XV.CITIZEN PRESENTATIONS
1.Mr. Joe Don Brandon, P. 0. Bo 1155 - "May Pro to Election"
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council to change his topic to speak on the
Fort Worth Business Center, his use of the center, his treatment by staff and he called for an
investigation of staff.
2.Ms. Libby Willis, 2300 Primrose Avenue- Enemy Companies Leaving Fivers on Property
BggA[ding Purchasing Mineral Rights
Ms. Libby Willis, 2300 Primrose Avenue, appeared before Council regarding misleading information
on flyers left by companies seeking the purchase of mineral rights. Ms. Willis provided a copy of the
flyer to the Council and requested they review the flyer for misleading information.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 17 of 20
(XV. CITIZEN PRESENTATIONS Continued)
Ms. Willis also referred to the City's requirement of solicitor permits and the company's stating that
the City did not require them to have a permit. She pointed out that several residences had "Do No
Solicit" signs on their doors and the notices from the mineral companies were placed over the signs.
Mayor Moncrief requested that staff communicate with companies engaged in the recovery of the
Barnett Shale to let them know that they needed to contact the neighborhood homeowner associations
before directly contacting the homeowners.
Council Member Burdette requested that the Law Department review the solicitation ordinance and
provide a report of the findings.
The following individuals appeared before Council regarding building standards related to the 8 foot
garage to front wall setback(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 the timeline related to the
change in policy was unrealistic and requested that the policy change be put on hold or a focus group
be established to research the changes, until discussions with other builders in the area could take place
and an alternative could be reached.
Mr. Lee Nicol, Fort Worth Builders Association, 3882 South Hills Circle (provided handout
information)
Mr. Richard Rodriguez, Centex Homes, 1603 LBJ Freeway, Suite 700, Dallas, Texas
Mr. Don Barrineau, KB Homes, 2711 LBJ Freeway, Suite 600, Dallas, Texas
Mr. Greg Urech, 1603 LBJ Freeway, Suite 600, Dallas, Texas
Mr. Wes Homeyer, 1603 LBJ Freeway, Suite 600, Dallas, Texas
Mr. Adam Cornett, Centex Homes, 1603 LBJ Freeway, Suite 600, Dallas, Texas
Mr. Steve Howard, Lennar Homes, 1707 Market Place, Suite 250, Irving, Texas
Mr. Jason Smith, 2230 College Avenue, appeared before Council regarding the proposed changes to
the animal spay and neuter ordinance and requested the Council adopt an ordinance as soon as possible
to reduce the number of unwanted animals in the shelter and on the City streets. He requested that the
City look at the City of Denver, Colorado's spay and neuter ordinance and advised that 96 percent of
all dog bites were from unneutered pets.
Ms. Joyce Mitchell, 6154 Silver Leaf Court, appeared before Council regarding a fire that took place at
her residence on January 7, 2009, and requested that an investigation needed to be done into actions by
the Police and Fire Departments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 18 of 20
(XV. CITIZEN PRESENTATIONS Continued)
City Manager Fisseler advised a report of the incident from the Police and Fire Departments would be
provided to the Council and that news report had been made by a news agency, but never shown.
Ms. Torchy White, Historic Carver Heights Neighborhood Association, 1812 Bunche Drive, appeared
before Council and expressed her disappointment with the Public Art Program as it related to the
Historic Carver Heights neighborhood, Stop Six Sunrise Edition, and Highland Hills neighborhood, the
public art selection process and the need for public are in those specific areas. She made the following
recommendations: the Public Art Director should provide a presentation to Council regarding the
previous year's recipients project style and status; Public Art Director should help with identification
of other funding sources for the previously identified neighborhoods; no funding be appropriated for
Fiscal Year 2010 until clear and fair selection policies and procedures have been established and
approved by Council.
Council Member Moss advised he had been working with Ms. Martha Peters, Public Art Director, Arts
Council of Fort Worth, to address the issue of public art in the area. He expressed her concern about
the situation and the need for support for art projects.
Ms. Regina Blair, Stop Six Sunrise Edition Neighborhood Association Model Block Sustainability
Committee, 2701 Lena Street, appeared before Council regarding the changes in Community
Development Block Grant funding related to Burger Street.
Council Member Moss stated that the process of notification of changes in funding should be modified
and advised that Council and the Model Block Group that was affected should have been alerted when
funds would be reallocated.
Mayor Moncrief advised he wished to encourage open communication and trust among these entities
and eliminate distance and stated that staff would modify the process of notification.
Ms. Eunice Givens, Highland Hills Neighborhood Association, 5500 Stafford Drive, appeared before
Council in opposition to the proposed addition of a $5.50 tax on water utility bills for the purpose of
funding street repairs.
Ms. Barbara Woods, 2324 Glencrest Drive, appeared before Council regarding HUD housing and
requested a meeting with City Manager Fisseler, Assistant City Manager Charles Daniels, Housing and
Economic Development Director Jay Chapa, Mayor Moncrief and Council Member Hicks.
Mayor Moncrief requested Assistant City Manager Daniels coordinate a meeting with Ms. Woods and
staff to discuss the issues.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2009
PAGE 19 of 20
(XV. CITIZEN PRESENTATIONS Continued)
Council Member Hicks requested that District 8 Aide Will Trevino be involved in the meeting and
provide her an update on the issue.
Ms. Michelle Davis, 6154 Silverleaf Court, appeared before Council relative to issues with the Police
Department and an incident involving her mother.
XVL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - See Attachment
It was the consensus of the City Council that they recess into Executive Session at 11:50 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) 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;
b) Faye Anna Mitchell, et al. v. FW Sports Authority, Inc. and City of Fort Worth, Case
No. ED-2007-00232;
c) Legal issues concerning Neighborhood Empowerment Zone Tax Abatements;
d) Yolanda Delgado-Leon, Individually and as Next Friend of Kevin Leon and Ariel Leon
v. City of Fort Worth, Cause No. 07-57916-03;
e) Legal issues concerning single-family residential design standards;
f) Legal issues concerning boards and commissions;
g) Legal issues concerning Public Information Request Nos. 4366-09, 4375-09, 4403-09,
4405-09, 4407-09, 4416-09, 4455-09, 4456-09;
h) 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
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28,2009
PAGE 20 of 20
(XVI. EXECUTIVE SESSION Continued)
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.
XVII.ADJOURNMENT
There being no further business, the meeting was adjourned at 1:25 p.m.
These minutes approved by the Fort Worth City Council on the 4th day of August, 2009.
Attest: Approved:
Marty Hefxrix Michael J. Monc ' f
City Secretary Mayor