HomeMy WebLinkAbout2009/08/18-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 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
Absent
Council Member Joel Burns, District 9
Staff Present
Dale Fisseler, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
I.CALL TO ORDER
With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the
Fort Worth City Council to order at 10:30 a.m. on Tuesday, August 18, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Member Burns absent.
H.INVOCATION m Brother Paul McMullen St Bartholomew Catholic Church
The invocation was provided by Brother Paul McMullen, St. Bartholomew Catholic Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGUST 11 2009
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that the
minutes of the regular meeting of August 11, 2009, be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 2 of 22
V. SPECIAL PRESENTATIONS, ,
1.Presentation of the Librarl Su mer Readin ra
Dr. Gleniece Robinson, Library Director introduced Mr. Robert Early, President and Chief Executive
Officer, JPS Health Network and Co-Chair of the summer reading program. She also recognized the
Friends of the Fort Worth Public Library organization and expressed appreciation to all volunteers and
supporters of the Summer Reading Program.
Mr. Early presented a PowerPoint presentation on the Summer Reading Program and stated that the
program was the 41st Annual Summer Reading Program. He further stated that the theme was "Deep
in the Heart of Texas", which focused on family literacy and combined healthcare and reading.
Dr. Robinson recognized Council Member Kathleen Hicks, who was the other Co-Chair of the
program.
Council Member Hicks expressed appreciation to all of the volunteers for the Summer Reading
Program and stated it was a wonderful and well attended event.
Council Member Jordan stated the City was facing a serious budget crisis and as a result, the City
Manager had proposed two (2) libraries be closed. He further stated that one of the libraries was the
Wedgwood Library located in his District 6 and that the Council would be visiting with Dr. Robinson
and City Manager Fisseler to find a way to continue service at that library.
Mayor Moncrief stated that the public libraries had a responsibility to divert the children's attention
away from video games to reading, especially as technology advanced. He further stated that reading
was critical to education and he looked forward to the 42nd Annual Summer Reading Program.
On another subject, Mayor Moncrief raised attention to the plight of the less fortunate and stated that
the City was a proud sponsor of the Tarrant Area Food Bank. He added that this year's campaign was
ending this week and asked audience attendees to contribute what they could towards this endeavor.
City staff circulated donation cans for audience members to donate.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 3 of 22
VI.ANNOUNCEMENTS AND STAFF
1. Upcoming a nd Recent Events
Council Member Moss announced that the Gun Buy Back Event was a great success and stated that
144 guns were collected and would be destroyed as part of the Summer Safety Initiative. He pointed
out the large turnout and that if more gift card donations had been available more guns would have
been collected. He expressed appreciation to all volunteers and sponsors, including: 97.9 The Beat,
94.5 KSOUL, Truevine Missionary Baptist Church, Cash American Pawn, First Financial Services,
Fiesta Grocery Store, Twelve Gates Ministry, and Chief Halstead and the Police Department. He stated
that they hoped to host another Gun Buy Back Event this year. He also stated that the Renaissance
Cultural Center Music Festival would be held August 21 to 23, 2009, and was a fundraiser for
scholarships for any student who attended school in Tarrant County. He introduced Mr. Jim Austin
and Ms. Gloria Austin who encouraged everyone to attend the musical festival and stated those
interested could contact 817-922-9999 or visit www.fwmusicfestival.com for more information. The
provided handout brochures highlighting all of the entertainment for the event.
Council Member Hicks announced that the Delta Sigma Theta Sorority silent march in downtown Fort
Worth to increase awareness regarding the infant mortality rate in Texas was a great success. She
stated the Delta Sigma Theta Southwest Conference brought over 3,000 visitors to Fort Worth and
added that many visitors used Molly the Trolley for transportation.
Council Member Espino announced that the Latino Police Officers Association's Back to School event
that offered haircuts and school supplies to students in preparation for the new school year at Our Lady
Guadalupe Catholic Church, was a wonderful success. He expressed appreciation to all volunteers and
those who attended the event.
Council Member Jordan introduced Miss Karen Boerner, daughter of Brian Boerner, Environmental
Managment Department Director, from Girl Scout Troop 1122 and welcomed her to the Council
meeting and stated she was attending the meeting as one of the requirements for the Girls Scouts Silver
Award. He also announced that last week, City Staff met with all three rating agencies (Standard &
Poor's, Moody's Investor Services and Fitch Ratings)regarding upcoming debt issuances and since the
City's Comprehensive Annual Financial Reports (CAFR) were current, the City could now issue debt
in the public market. He further stated that on Thursday, August 13, 2009, Standard & Poor's (S&P)
upgraded the credit rating from AA- to AA+ (two notches) for Fort Worth General Obligation debt
and from AA to AA+ for the relatively new Drainage Utility. He advised that the improved credit
ratings would result in lower interest rates for the City on newly issued debt. He also announced that
Financial Management Services Director Lena Ellis was presented the Outstanding CPA in
Government Award by the American Institute of Certified Public Accountants. He stated that the
national award is presented to three recipients; one in federal government, one in state government,
and one in local government. He further stated that Ms. Ellis was the local government recipient and
was given this award in recognition of her many years of public service and for her contributions to the
governmental finance, accounting, auditing, and financial reporting industry.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 4 of 22
(VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Mayor Pro tem Scarth announced that he attended the grand opening of the Comerica Building using
Leadership in Energy and Environmental Design (LEED) and stated it was their first building to open
in the nation with many others to follow. He also announced that Council Member Jordan received two
awards on Wednesday, August 12th at the Transportation Summit luncheon. The first was for his
leadership involving Texas Local Option Transportation Act (TLOTA) during the 2009 Legislative
Session and the second was the National League of Cities Excellence in Transportation Award for his
work on transportation and infrastructure issues.
Mayor Moncrief announced that $321.00 had been collected for the Food Bank at the Council Meeting
and expressed appreciation to all who had contributed. He also announced that he had received two (2)
more keys today which signified two (2) more people that had received shelter as a result of the
Directions Home Program.
2.Recognition of Citizens
No citizens were 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 to be continued or withdrawn by staff.
IX.PRESENTATIONS BY THE CITY COUNCIL
1.Chan2es in Membersh Boards and ss s
There were no changes in membership on boards and commissions.
X.PRESENTATIONS AND/OR 'A S FROM BOARDS, COMMISSIONS
AND/OR COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 5 of 22
XI. ORDINANCES
1.C
Lit
y Secretary Hendrix introduced an Ordinance on First Ejadin S ettin Forth an Itemized
1g_
Estimate of the Expense of Conducting Each Department Division and Office of the Municipal
Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2009,
and Endin2 Ser)tember 30, 2010, and Appropriating Monev for the Various Funds and Purpo es
of Such Estimate; Providing for is Hearings Upon t is Ordinance Before the Entire
Council Sittin2 as a Committee of the Whole
I and Providing a Severability Clause; a d
Providing a Savings Clause for the Repeal of All Ordinances and Appropriations in Conflict with
the Provisions of this Ordinance-and Providing for the Publication and Final Passage Thereof.
2.City Secretary Hendrix introduced an Ordinance on First Reading Setting Forth an Estimate
of the Expense of the General Debt Service Fund of the Municipal Government of the City of
Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2009, and Ending September 30,
2010, and Appropriating Money for the General Debt Service Fund and Purpose of Such
Estimate; Appropriating Money to Pay Interest and Principal Sinking Fund Requirement on All
Outstanding General Indebtedness; Providing for Public Hearings Upon this Ordinance Before
the Entire City Council Sitting as a Committee of the Whole; and Providing a Severability
Clause; and Providing a Savings Clause for the Repeal of All Ordinances and Appropriations in
Conflict with the Provisions of this Ordinance; and Providing for the Publication and Final
Passage Thereof.
3.City Secretary Hendrix introduced an Ordinance on First Reading Providing for the Levy and
Collection of an Annual Ad Valorem Tax on All Property, Real, Personal and Mixed, Situated
within the Territorial Limits of the City of Fort Worth, Texas, and All Personal and Mixed,
Situated within the Territorial Limits of the City of Fort Worth, Texas, and All Personal
Property Owned in Said City of Fort Worth, Texas, on the First Day of January, A.D. 2009,
Except Such Property as May be Exempt from Taxation by the Constitution and Laws of the
State of Texas; and Providing for a Severability Clause; and Providing a Savings Clause for the
Repeal of Ordinances in Conflict with the Provisions of this Ordinance; and Providing for the
Publication and Final Passage Thereof.
Assistant City Manager Karen Montgomery stated that Council action was not necessary at this time
and that the items would remain open until adoption of the budget, debt service, and tax rate
ordinances.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 6 of 22
XIL CONSENT AGENDA
Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that
the Consent Agenda be approved. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Burns absent.
A.General - Consent Items
1.M&C G-16661 - Authorizing an Amendment to the Professional Services Agreement with
MAXIMUS, Inc., for Indirect Cost Allocation Plan Services for the Preparation of the Federal
Office of Management and Budget (OMB) Plan and the Full Cost Allocation Plan for the
Financial Management Services Department for an Amount up to $66,000.00.
2.M&C G-16662 - Adopting Resolution No. 3778-08-2009 Amending Resolution No. 3636-07-
2008 Authorizing the Making of Assurances Required by the Criminal Justice Division of the
Governor's Office in Connection with the Fiscal Year 2009 Criminal Justice Division Grant
Funds to reflect that Assistant City Manager Tom Higgins has the authority to alter, execute,
accept and terminate grants on behalf of the City for the Police Department.
3.M&C G-16663 - Authorizing the City Manager to Authorize the Acceptance of a Routine
Airport Maintenance Project Grant for Fort Worth Alliance Airport from the Texas
Department of Transportation Aviation Division, if Offered, for an Amount up to $50,000.00;
Authorizing the Acceptance of up to $50,000.00 in Reimbursements from Alliance Air Services
for the City's Match; and Adopt Appropriation Ordinance No. 18756-08-2009 Increasing
Estimated Receipts and Appropriations in the Airports Grant Fund in the Amount of
$100,000.00, Subject to Receipt of the Grant, for Fort Worth Alliance Airport.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-11017 -Authorizing a Purchase Agreement for Graffiti Abatement Services with Real
Estate Restoration and Construction, Inc., for the Parks and Community Services Department
for an Annual Amount Up to $99,000.00.
2.M&C P-11018 - Authorizing a Sole Source Purchase Agreement with Andritz Separation,
Inc., for Original Equipment Manufacturer Parts, Components and Technical Service for Aqua
Screen Equipment for the Village Creek Wastewater Treatment Plant for an Annual Amount Up
to $100,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 7 of 22
(XII. CONSENT AGENDA Continued)
3.M&C P-11019 - Authorizing the Purchase of Two (2) Chevrolet Pickups from Caldwell
Country Dealerships for the Environmental Management Department Using Texas Procurement
and Support Services Term Contract 072-A1 for a Total Cost of $42,728.00, Freight Included,
with Payments Due 30 Days After Receipt of Invoices.
4.M&C P-11020 - Ratifying the Emergency Purchase Order Issued to Metro Fire Apparatus for
$32,931.45; and Ratifying the Emergency Purchase Order Issued to Scott Fire Apparatus for
$40,052.34 for Repairs to Two (2)Aerial Fire Trucks for a Total of$72,983.79.
C.Land - Consent Items
1.M&C L-14820 - Authorizing the Execution of a Long Term Above Ground Temporary Water
Line Permit Agreement with Quicksilver Resources, Inc., for One (1) Ten Inch Pipeline Across
City-Owned Property in the A.C. Warren Survey, A-1687, and the C. Harmon Survey,A-737, on
the South End of Alliance Airport in the Amount of$12,415.04 for a Term of 18 Months.
D.Planning & Zoning - Consent Items
1.M&C PZ-2840 - Adopting Ordinance No. 18757-08-2009 Vacating and Extinguishing a
Portion of a Twelve (12) Foot Wide Alley, Situated Between Lots 4 and 5, Block 1, Brooks and
Bailey Subdivision of Block 25, Field Addition, an Addition to the City of Fort Worth, Tarrant
County, Texas; and Waiving Any and All Purchase Fee Value of the Vacated Land in
Accordance with City Policy (M&C G-15624).
E.Award of Contract- Consent Items
1.M&C C-23716 - Authorizing the City Manager to Execute Amendment No. 3 to City
Secretary Contract No. 38136, a Formal Agreement with the North Texas Tollway Authority, the
Texas Department of Transportation and the Union Pacific Railroad Company, to Change
"August 20, 2009," to "September 1, 2009," Throughout to Provide an Extension of Certain
Deadlines Associated with the Southwest Parkway Project.
2.M&C C-23717 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement with JPS Health Network Authorizing the Use of the South Jennings Street Right-of-
Way for the Installation of Underground Fiber Optic Cables to the Property Located at 1701
South Main Street.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 8 of 22
(XII. CONSENT AGENDA Continued)
3.M&C C-23718 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement with the Carlyle/Cypress West 7th, LP, for the Installation of Festival String Lights
and Associated Electrical and Structural Components Above the Crockett Street Right-of-Way
Between Norwood Street and Foch Street.
4.M&C C-23719 - Authorizing the City Manager to Execute an Interlocal Agreement with The
Fort Worth Transportation Authority (The T) Under Which The T Will Pay the City $85,000.00
for Design of the New Commuter Rail Bridge for the Southwest to Northeast Railway Crossing
of the Future Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue; and
Adopting Appropriation Ordinance No. 18758-08-2009 Increasing Estimated Receipts and
Appropriations in the Street Improvements Fund from Available Funds.
5.M&C C-23720 - Authorizing the Execution of a Storm Water Facility Maintenance
Agreement with LNR CPI Presidio Apartments, LLC, for Property Located in the William
McCowen Survey, Abstract 999, East of Highway 287 and West of IH-35 on the South Side of
Presidio Vista Drive West of Tehama Ridge Parkway at No Expense to the City of Fort Worth
(DOE 5956) (Project 01044).
6.M&C C-23721 -Authorizing the City Manager to Execute a Supplemental License Agreement
with Union Pacific Railroad (UPRR) at the Request of UPRR for the Installation of a Sanitary
Sewer Pipeline Crossing Under Their Property Located East of Forest Park Boulevard and
Vickery Boulevard Intersection, Previously Approved by M&C L-14711, at No Cost to the City
(DOE 4856) (City Project 00204).
7.M&C C-23722 -Authorizing the City Manager to Execute a Supplemental License Agreement
with Union Pacific Railroad at No Cost to the City for the Installation of a Sanitary Sewer
Pipeline Which Will Cross Under Their Property Located West of IH-35W and South of West
Risinger Road (DOE 5865) (City Project 00940).
8.M&C C-23723 - Authorizing the City Manager to Execute Changer Order No. 4 in the
Amount of $30,034.00 to City Secretary Contract No. 36336 with Prime Construction Company
for the Spay and Neuter Surgical Clinic Addition to the Animal Care and Control Center
Located at 4900 Martin Street.
9.M&C C-23724 - Authorizing the City Manager to Execute a Professional Service Contract for
Forensic Science Services with Bode Technology for the Fort Worth Police Department Crime
Lab, for a Period of One (1) Year, with Four (4) One (1) Year Options to Renew Annually, at
Negotiated Rates Per Exam in an Amount Not to Exceed $35,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 9 of 22
(XII. CONSENT AGENDA Continued)
10.M&C C-23725 - Authorizing the Transfer of $47,376.30 from the Water and Sewer
Operating Fund to the Water Capital Projects Fund in the Amount of$42,521.30 and the Sewer
Capital Projects Fund in the Amount of $4,855.00; Adopting Appropriation Ordinance No.
18759-08-2009 Increasing the Estimated Receipts and Appropriations in the Water Capital
Projects Fund and in the Sewer Capital Projects Fund, from Available Funds, for the Purpose of
Funding Sanitary Sewer Rehabilitation Contract LX (60), Part 1; and Authorizing the City
Manager to Execute Change Order No. 1 to City Secretary Contract No. 37827 with Jackson
Construction, Ltd., Thereby Increasing the Contract Amount to $414,575.30.
11.M&C C-23726 - Authorizing the City Manager to Execute an Engineering Agreement with
Ozonia North America, LLC, in the Amount of $50,000.00 for the Preparation of Ozone
Equipment Pre-Selection and Shop Drawings Required for the Final Design of the North and
South Holly Water Treatment Ozone Project.
XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S-1736 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
XIV.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16644 - Consider a Waiver Re es esa e e era c., ss e a
Multit)le Gas Well Site Permit for the Aussie Lease Located at 1291 Foch Street to Allow
Multiple Gas Wells to be Drilled Less than 600 Feet from Trinity Park and Other Protected Uses
fLontinued from August 4, 2009) ( Y A }.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
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 the item.
(Council Member Jordan left his place at the dais.)
a.BgR2Lt of City Staff
There was no report provided by staff.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 10 of 22
(G-16644 Continued)
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 Burns, Council Member Burdette made a motion, seconded by
Mayor Pro tem Scarth, that Mayor and Council Communication No. G-16644 be continued
until the September 1, 2009 Council meeting. The motion carried unanimously seven (7)
ayes to zero (0) nays, with Council Member Burns absent and one (1) abstention by Council
Member Jordan.
(Council Member Jordan returned to his place at the dais.)
2.M&C G-16664 - Ratify the Fire Der)artment's Armlication for a Three (3) Year Grant from
the Federal Emergency Management Agency in an Amount Not to Exceed $15,000,000.00 for the
Construction Three (3) Fire Stations.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. G-16664 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays, with Council Member Burns absent.
3.MSC G-16665 - Authorize the Citv Manager to Accent the Donation of a 2009 Kawasaki
Mule 4010, Utilily Ve ice Valued at $10,335.00 fr The Outriders of the Fort Worth Herd for
Use by the Fort Worth Herd Program.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G-16665 be approved with appreciation. The motion
carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent.
4.MSC G-16666 - Adopt an Ordinance Establishing Maximum Permitted Rates and Charges
that Atmos Energy Corp., Mid-Tex Division, Mal Assess Customers e rt Wort ;
At)t)rovin2 and y a Related Settlement a es Between Atmos Energv Cor .,
Mid-Tex iyision a the Atmos Cities Steering Committee, of lc t e pity is a Memb er;
Adoritin2 Declarations and Fundings Related to Rates and Charges Assessed to Customers in the
ity rt rt ; e e i A y revi s y Adouted Ordinances in ict H ere it ,
Pursuant to a Negotiated Settlement and Resolution of Atmos's Pror)osed Rate Increase Under
its 2009 Rate Review Mechanism Filing (PUBL C HEARIN ).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 11 of 22
(G-16666 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Mr. Danny Reed, Regulated Utilities Manager, Financial Management Services, appeared before
Council and provided a staff report. He explained a typographical error in the Mayor and
Communication provided to the Council and stated the correction was as follows: on the
Recommended Rates table portion, RESIDENTIAL: All Mcf showed "$2.24707" under
RECOMMENDED and the correction should read "$2.2707".
Council Member Jordan asked what bearing would this have if the item was not approved.
Mr. Reed advised that these rates for the subject rate case were negotiated in an agreement reached by
the Atmos Cities Steering Committee, of which the City was a member, and Atmos Energy
Corporation. He added this was done in order to not enter into as litigation was more costly.
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 Jordan made a motion, seconded by Mayor Pro tem Scarth, that the public
hearing be closed, Mayor and Council Communication No. G-16666 be approved and
Ordinance No. 18760-08-2009 be adopted. The motion carried unanimously eight (8) ayes
to zero (0) nays, with Council Member Burns absent.
C.Purchase of Equipment, Materials, and Services
1.MSC P-11021 - Authorize the Purchase of a Used 2009 Ford F-750 Articulating Crane Truck
from it y Smith ac i ery, Inc., for te P ar s and ity Services Dengrtment for a
Total Amount Up to $138,880.00 with Payments Due 30 Days from Receipt of Invoices.
Motion: Council Member Moss made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. P-11021 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 12 of 22
D.Land
1.M&C L-14821 - Declare the Necessity of Taking an Int rest in a Portion of Land Known as A.
jjAffiRj2R_Survey,_Abstract No. 793, Tarrant County, Texas, for Condemnation of One (1)
Permanent Sanitarl ewer Line and Water ReclamaLion_lRe-Usel_Facility Easement on
Pror)ertv Owned bv Dustin K. Schaller, as f Randol Mill Road Near Jency Avenue, th t is
e_ ire for the Construction of Sanitary Se er Main 253 Replacement (DOE 4027) (Proje t
No. 01099) and Authorize the City Attorney to Institute Condemnation Proceedings to Ac ire
the Interest in the Land.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Mayor and
Council Communication No. L-14821 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Bums absent.
2.MSC L-14822 - Declare the Necessity of Taking an Interest in the Land for the Permanent
Water Facifitv Easements and Temt)orary Construction Easements for the Village C eek
Reclaimed Water Eastern Deliver System; Authorize the City Attorney to Negotiate or to
Institute Condemnation Proceedings to Acquire the Interest in the Land,. and Authorize the
Acceptance and Recording of the Appropriate Instruments.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. L-14822 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Burns absent.
F.Award of Contract
1.M&C C-23697 - Authorizing the Cily Manager to E ecute a Contract in the Amount of
$70,,000.00 with Westhill Construction, Inc., for 365 Days for the Installation of 53 Speed
Cushions and Five 15 of ort Worth for
jRaised Crosswalks at Various Locations in the City
Traffic Calming. (Continued from August 4, 2009).
Council Member Hicks requested staff to provide a report of how the locations were selected to receive
the speed cushions and raised crosswalks and why none of the locations were east of Interstate 35.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23697 be continued until the September 1, 2009,
Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 13 of 22
2.M&C C-23715 - Authorize the Cily Manager, or His Designee, to Exec to Contracts to
Administer Programs for Homelessness Prevention and Related Housing Activities as Part of the
Homelessness Prevention and Ra id Re-Housin2 Pro2ram for Two (2) Year Terms Be2innin2
September 1, 2x09, and Ending August 31, gala, Continent Ur�on Receipt of Adequate Funding
from the United States Dep art m nt of Housing and Urban Development; Auth rize the City
Manner, or His Desiggggto Extend or Renew the Contracts for Up to One (1) Year if an
Or anization Requests an Extension and it is Necessary for the Com letion of the Program; and
Authorize t Cit �Mana�er or ffis Designee, to Amend the tracts, i ecessarv, to Achieve
Program Goals Provided that the Amendment is withi of the Program and in
Comthiance with Armlicable Laws and Re2ulations Governin2 the Use of Federal Grant Funds
(Continued from August 11, 2009) PUBLIC H
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.BgR2LL2LLjL_aLaff
Ms. Kate Scott-Ward, Planner, Housing and Economic 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,
Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the public
hearing be closed and Mayor and Council Communication No. C-23715 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burns
absent.
3.MSC C-23727 - Authorize the City Manager to Execute a Professional Services Agreement
with Public Safety Associates, LLC, d/b/a T e Polaris Group, to erform an Assessment of
Ambulance Service Delivery in the City of Fort Worth with Fees and Exr)enses Totaling
$1252330.00.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23727 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 14 of 22
4.M&C C-23728 - Authorize the City_Manager t xec tea A ree e with Gartner,Inc. in
an Amount Not to Exceed $514,x00.00 to Develop an Information Technology Sourcing Plan
Utifizin2 the State of Texas DeD art ment of Information Resources Contract No. DIR-SDD-973
for the Information Technology Solutions Department.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. C-23728 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Burns absent.
5.MSC C-23729 - Approve the Acceptance of a Lease Agreement for Natural Gas Drilling
Under 3.285 Acres e r eres Known as Lebow Channel 11, Lo to North of
Long Avenue, South f Eva Street and East of Lebow Avenue to XTO EneEgv, Inc., in the
Amount of$8,265.64 for a Two (2)Year ri ary Term.
Mayor Pro tem Scarth advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on the item.
(Mayor Pro tem Scarth left his place at the dais.)
Council Member Espino requested staff clarify in what account the gas well revenue would be placed.
Ms. Susan Alanis, Director, Planning and Development Department, clarified that the gas well revenue
would be placed in an unrestricted fund.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. C-23729 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Member Bums absent and one (1) abstention
by Mayor Pro tem Scarth.
(Mayor Pro tem Scarth returned to his place at the dais.)
6.M&C C-23730 - Adopt a Resolution Adopting the Public Agencies Retirement Services
LEARS) Post-Retirement Health Care Plan Trust as Part of the City's Program of Benefits in
Order to Provide a Funding Source for Retiree Health Care Benefits in_BjWonse to
Governmental Accounting Standa ds Board Statement 45 (GASB 45) a nd Authori
of Related Documents; Authorize the Transfer of $5,0 ,
00 000.00 to PARS for the Purpose of
Funding the Trust; an Authorize the City Manager to Ex cute an Adoption Agreement, aster
Plan Document, Agreement for Administrative Services and Any Other Documents with Phase
II Sjstems a California Corporation d/b/a PARS for Trust Administration and Compliance
LervicesLor Union Bank of California, N.A. ( r Trustee and Invest e Service
that are Necessary to Incorporate the Trust as Part of of Benefits in
Accordance with GASB 45.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 15 of 22
(C-23730 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor
and Council Communication No. C-23730 be approved and Resolution No. 3779-08-2009 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Burns absent.
7.M&C C-23731 - Authorize the Citv Mana2er to Execute the First Renewal of City Secretary
Contract No. 36695 in the Amount of $113,968.00 with Macval_Associates., LLC for the
Construction_gpd Replacement of Sidewalks
Motion: Council Member Espino made a motion, seconded by Council Member Moss that Mayor and
Council Communication No. C-23731 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Bums absent.
8.MSC C-23732 - Authorize the Citv Manager to Execute_jgEngineering Agreement with
Chiang, P tel & Yerbj, Inc., i t he Amount of $125,53 .00 for the esi t he Ruidosa-
Randera Drainage Imr)rovements.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth that
Mayor and Council Communication No. C-23732 be approved. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent.
9.MSC C-23733 - Authorize the Citv Manager to Execute a Consulting Agreement for a
Competitiveness St of the Egui me Services Dep art m nt wit ercurl Associates, Inc., for
an Amount Not to Exceed $56,232.00.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss that Mayor and
Council Communication No. C-23733 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Bums absent.
10.MSC C-23734 - Authorize the Citv Manner to Execute an Advance Funding Agreement
with the Texas Dep art ment of Transportatio in the Amount of $80,000,000.00 Using Fun s
Held in the State Hi2hwav 121 Subaccount for Multi modal Transuortation Imurovements for
the Relocation of the Eurlinton Northern Santa Fe Railroad Track in Order to Relocate FM-
156 West of the Current FM-156 for the Runway Extension Proiect at Alliance Airuort;
Authorize the Use of $20 000 000.00 as in-Kind Contribution; and Adopt an Appropriation
Ordinance Increasing Estimated Receir)ts and ADDroDriations in the Airt)orts Grant Fund in the
Amount of $100,000,000.00 from Available Funds, for the Purpose of Funding the Runway
Extension Proiect at Alliance Air r .
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 16 of 22
(C-23734 Continued)
Mr. Randle Harwood, Trinity River Vision Director, City Manager's Office, appeared before Council
and provided a staff report on this agenda item and the next item.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth that
Mayor and Council Communication No. C-23734 be approved and Appropriation Ordinance
No. 18761-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Burns absent.
11.MSC C-23735 - Authorize the City Manager to Execute an Agreement with Jacobs
En2ineerin2 r out), Inc.,in the A $1,323 029.89 for Program Management a Design
Services for te Runwal Extension Project at ort Worth Alliance Air rt.
Mayor Moncrief and Council Member Espino expressed appreciation to all who were involved in this
challenging process and stated that they are happy to move forward with the project.
Motion: Council Member Espino made a motion, seconded by Council Member Moss that Mayor and
Council Communication No. C-23735 be approved. The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Burns absent.
12.MSC C-23736 - Authorize the Transfer of $1,203,547.00 from the Water and Sewer
erati to the Sewer Capital Projects Adopt an Appropria ti r i a ce
Increasing Estimated Receipts and Appropriations in the Sewer Capital Proiects Fund from
Available Funds, for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LV (55)
Fart 2, and Authorize the City Manager to Execute a Contract with William J. Schultz, Inc.,
d/b/a Circle "C" Construction Company, in the Amount of$1,135,482.50.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman that
Mayor and Council Communication No. C-23736 be approved and Appropriation Ordinance
No. 18762-08-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Burns absent.
13.M&C C-23737 - Authorize the City Manager to execute the Renewal of City Secretary
Contract No. 37437 in the Amount of$1,000,000.00 with Cleburne Utility Construction, Inc., or
Sewer Main Extensions,Replacements and Relocations Contract 2007A.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan that Mayor
and Council Communication No. C-23737 be approved. The motion carried unanimously
eight(8) ayes to zero (0) nays, with Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 17 of 22
14.M&C C-23738 - Authorize the City Manager to Ex cute a Professional Services Agre ment
with Westi i sari c., t ate t o Water Information Technology aster Plan for
$178670.00.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth that Mayor
and Council Communication No. C-23738 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Burns absent.
XV.BUDGET HEARING
1. a ri r se iscal Year 2009-2010 Approp iation Ordinance, De t Service
Ordinance and Ad Valorem Tax Levy Ordinance
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
1.Report of City Staff
Mr. Horatio Porter, Budget Officer, Financial Management Services Department, appeared before
Council and provided a staff report.
2.Citizen Presentations
Ms. Paulette Rook, 4332 Barcelona Drive, completed a speaker card in support of the proposed budget
but did not wish to address the Council.
Ms. Jerry Horton, 2608 Carter Avenue, appeared before Council in support of the proposed budget
relative to the proposed budget cuts involving the libraries and regarding library staffing. She did
express concern for the lay-off of one library employee who had worked for the City 21 years.
Ms. Ginger Gearheart, 4901 Dexter Avenue, appeared before Council in opposition of the proposed
budget relative to the $50,000.00 proposed funding cut for Imagination Celebration. She requested full
funding of the program and stated that Imagination Celebration increased tourism and City facility
usage revenue.
Mayor Moncrief expressed appreciation for the presentation and stated that the budget was a proposal
and that no final decisions had been made, but discussions would begin taking place at the budget
workshops beginning on August 20, 2009.
Council Member Hicks requested an explanation at the budget workshop on how the funding for the
various organizations was determined and why some were selected for funding and others were not.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 18 of 22
(XV. BUDGET HEARING Continued)
Ms. Sarah Boyette, 5704 Wessex Avenue, appeared before Council in opposition of the proposed
budget relative to the proposed closing of the Wedgwood Branch Library. She stated that her family
used the Wedgwood Branch Library and requested the Council continue funding for the branch library.
Council Member Jordan stated the future leaders of Fort Worth visited the public libraries and the
Council would be discussing the proposed budget at the budget workshops.
Ms. Reed Bilz, 6130 Haley Lane, appeared before Council in opposition of the proposed budget
relative to the proposed closing of the Wedgwood Branch Library and requested the Council continue
to fund that branch library.
Mr. John Tinsley, 6713 Brants Lane, appeared before Council in opposition of the proposed budget
relative to the decrease in funding of the Botanic Garden's education programs. He requested that the
Council continue the current funding and provided examples of the revenue that the Botanic Garden
supplied to the City of Fort Worth.
Mr. James Russell, 3209 Greene Avenue, Apartment No. 201, appeared before Council in opposition
to the proposed budget relative to the proposed closing of two (2) public libraries, the Day Labor
Center, and the morning and evening programs offered at community centers. He stated that the lower
and working middle classes of the community were affected most by the budget cuts.
Council Member Moss commented on the importance of public libraries and stated that the children
must have access to the educational materials.
Council Member Burdette stated there were difficult decisions ahead of the Council and everything
cannot be funded. He added the only other option was to raise taxes and no one wanted that to happen.
He further stated that the Council hoped that they could balance the budget without raising taxes, but if
everyone was going to get what they wanted, then raising the taxes would be the only option.
There being no one else present desiring to be heard, Mayor Moncrief stated the public hearing would
remain open until final adoption of the budget, debt service, and tax rate ordinances.
XVL ZONING HEARING
1.1LAppeared that the City Council, at its meeting of August 4, 2009, Co tinned the e ri
Zoning Docket No. ZC-09-045 m 2-Winds Property, LLC, 3291 House Anderson Road, from
"AG" Agricultural to " " Light Industrial ecommended for Approval) e from
An ust 4, 2009).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 19 of 22
(ZC-09-045 Continued)
Council Member Moss advised that he and the applicant met and agreed on a change to the zoning
request to "PD/I" Planned Development of all "I" Light Industrial uses with the following conditions:
1. The west side elevation of the proposed structure will be constructed with a minimum of 50%
masonry.
2. The west side of the property will be landscaped with a minimum of 5-gallon Red Top Photinias,
spaced on 6-foot centers for the entire linear distance of the physical building. All additional
landscaping will be consistent with the Commercial landscape criteria established by the Zoning
Ordinance.
3. Detach signage is limited to a 4-foot high and 8-foot long monument sign; all other signage will
conform to the Zoning Ordinance. No signage on the west side of the property.
4. All ingress/egress areas will be limited to Mosier Valley Road and House-Anderson Road, to be
determined by the Transportation and Public Works Department.
5. All outdoor lighting will be directed away from any residential areas.
6. No outside storage permitted.
7. Waiver of Site Plan.
Mr. H. Dennis Hopkins, 3814 Ditkin Drive, Arlington, Texas 76006, representing the applicant,
completed a speaker card in support of Zoning Docket No. ZC-09-045 but did not wish to address the
Council.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Zoning
Docket No. ZC-09-045 be approved with the conditions stated. The motion carried
unanimously eight(8) ayes to zero (0) nays, with Council Member Burns absent.
2.Itarmeared that the City Council, at its meeting of August 4, 2009, Continued the Hegrin of
Zoning C et No. ZC-09-072 - Enviro Water Services, LP, 9601 S uthwest Dr ii ee r cc SS
Medium Stria to cc [ " Planned eve e t for all ses in "K" Heavy Industrial Plus
Concrete Crushing and Recycling Facility; Site Plan Included (Recommended for
Approval) (Continued from August 4, 2009}.
Mr. John Valois, applicant, 2137 Laughlin Road; Mr. Ray Tupper, applicant, 3525 Liston Lane,
Euless, Texas 76040; and Mr. Barry Hudson, Dunaway Associates, representing the applicant, 1501
Merrimac Circle, Suite 100, completed speaker cards in support of Zoning Docket No. ZC-09-072 but
did not wish to address the Council.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
Zoning Docket No. ZC-09-072 be approved. The motion carried unanimously eight(8) ayes
to zero (0) nays, with Council Member Burns absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 20 of 22
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 Jordan made a motion, seconded by
Council Member Zimmerman, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 18763-08-2009
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, with Council Member Burns absent.
XVII.CITIZEN PRESENTATIONS
Ms. Charlesetta Davis, 2714 Northwest 35th Street, appeared before Council relative to issues with her
neighbors at 2710 and 2712 Northwest 35th Street, and code enforcement issues relative to garbage
cans and the blowing and/or washing of leaves and grass in front of her house by her neighbors when
she keeps her curb area clean after mowing.
Mayor Moncrief referred Ms. Davis to Code Compliance Director Brandon Bennett for resolution.
Ms. Lucille Williams, 904 Judd Street, representing Hillside and Morningside Neighborhood
Associations and Hillside and Morningside Crime Watch, appeared before Council relative to the
Hillside Community Pool and requested that Council continue funding the pool and other area pools in
the community. She recalled the campaign that she lead to obtain private funding to reopen the pool in
1994 and identified funding opportunities used in the past.
Council Member Hicks requested a meeting with Ms. Williams to review potential funding sources for
the pool.
Mayor Moncrief referred Ms. Williams to Assistant City Manager Charles Daniels for discussion of
the community pool and potential funding sources.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 21 of 22
Mayor Moncrief recessed the regular Council meeting and reconvened into the Pre-Council work
session at 12:32 p.m. in order to complete the following item and stated the remaining items would be
placed on a future Pre-Council work session agenda:
4. Presentation on the DFW International Airport Joint Revenue ReFunding
The City Council reconvened into regular session at 12:42 p.m.
XVIIL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 12:55 p.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) Tamara Pearlman v. City of Fort Worth, et al., Civil Action No. 4:08-CV-393-A;
b) Legal issues concerning Local Government Code Section 142.0013(c), providing a
September 11th holiday for fire fighters;
c) Legal issues concerning bond and public securities legal counsel;
d) Legal issues concerning premature street failures;
e) Legal issues concerning any item listed on today's City Council meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section
551.072 of the Texas Government Code. Deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of
the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
The City Council reconvened into regular session at 2:05 p.m.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2009
PAGE 22 of 22
XIX.ADJOURNMENT
There being no further business, the meeting was adjourned at 2:05 p.m.
These minutes approved by the Fort Worth City Council on the 25th day of August, 2009.
Attest: Approved:
F
Marty drix Michael J. Moncrie
City Secretary Mayor