HomeMy WebLinkAbout2009/12/15-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 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
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 10:18 a.m. on Tuesday, December 15, 2009, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION m Pastor Ted Kitchens, Christ Chapel Bible Church
The invocation was provided by Pastor Ted Kitchens, Christ Chapel Bible Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF DECEMBER 8, 2 09
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that the minutes of the regular meeting of December 8, 2009, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
V.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 2 of 30
VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Fisseler requested that Agenda Item XHI (1) relative to a resolution nominating the
Ridglea Theatre as Historic and Cultural Landmark, be withdrawn from consideration and that Mayor
and Council Communication No. G-16804 be continued until the January 26, 2010, Council meeting.
VII.CONSENT AGENDA
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to
zero (0) nays.
A.General - Consent Items
1.M&C G-16788 - Authorizing the City Manager to Enter into an Agreement with The Elim
Group to Provide Consulting and Group Facilitation Assistance to the City of Fort Worth and
the City Manager's Appointed Healthcare and Benefits Committees in an Amount Not to Exceed
$55,000.00.
2.M&C G-16789 - Adopting Appropriation Ordinance No. 18964-12-2009 Increasing the
Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,400.00
from Available Funds for the Purchase of Eight (8) Landmark Plaques.
3.M&C G-16790 - Authorizing Payment for the City of Fort Worth's Fiscal Year 2010
Membership Dues to the North Central Texas Council of Governments in an Amount Not to
Exceed $72,025.00.
4.M&C G-16791 - Adopting Resolution No. 3825-12-2009 to Increase the Amount Paid to
Whitaker, Chalk, Swindle and Sawyer, LLP, as Outside Legal Counsel, by an Additional
Amount of$10,000.00 for the Federal Trademark Registration of the City's Logo and to Provide
Legal Consultation to the City Attorney's Office on Copyright Issues.
5.M&C G-16792 - Adopting Ordinance No. 18965-12-2009 Approving Resolution No. 2009-10-
211 of the Dallas-Fort Worth International Airport Board which Amends Various Traffic
Provisions of Chapters 2 and 3 and Appendix I of the Dallas-Fort Worth International Airport
Board's Code of Rules and Regulations, Providing for a Fine Not to Exceed Two Thousand
Dollars Per Day for Any Violation Thereof.
6.M&C G-16793 - Authorizing the Continuation of the Military Pay Supplement Benefit and
Military Leave Fund Policy Until December 31, 2010.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 3 of 30
(VII. CONSENT AGENDA Continued)
7.M&C G-16794 - Adopting Resolution No. 3826-12-2009 Approving an Amended Fiscal Year
2010 Budget for Public Improvement District No. 8 (Camp Bowie PID) by $23,000.00 from Prior
Year's Assessments (Estimated Operating Reserve).
8.M&C G-16795 - Adopting Resolution No. 3827-12-2009 Authorizing Execution of an
Agreement with the Texas Department of Transportation for Construction, Maintenance and
Operation of Continuous Lighting System Along State Highway 183 from 0.1 Mile West of
Bryant Irvin Boulevard to Interstate Highway 20/820.
9.M&C G-16796 - Authorizing the Use of Revenue Derived from Gas Well Drilling on City-
Owned Airports in the Amount of $36,535.00 for the Commissioner's Award and Court Costs
Associated with the Condemnation of Property Located at 3402 Columbus Avenue on the West
Side of Fort Worth Meacham International Airport as Well as Appraisal Costs and a
Contingency for the Meacham Noise Mitigation Program; Adopting Appropriation Ordinance
No. 18966-12-2009 Increasing the Estimated Receipts and Appropriations in the Airports Gas
Lease Project Fund, from Available Funds for the Purpose of Transferring Said Funds to the
Municipal Airports Fund; Authorizing the Transfer from the Airports Gas Lease Project Fund
to the Municipal Airports Fund; and Adopting Supplemental Appropriation Ordinance No.
18967-12-2009 Increasing the Estimated Receipts and Appropriations in the Municipal Airports
Fund, from Available Funds for the Commissioner's Award and Court Costs Associated with the
Condemnation of Property as Well as Appraisal Costs for the Meacham Noise Mitigation
Program.
10.M&C G-16797 - Authorizing the City Manager to Approve the Payment in the Amount of
$802,912.81 to Oncor Electric Delivery Company, LLC, for the Extension of Company Delivery
System Facilities to Provide Dual Feed Electrical Service to the Westside Water Treatment
Plant.
B.Purchase of Equipment, Materials, and Services - Consent Items
1.M&C P-11061 - Authorizing a Purchase Agreement with McCain, Inc., for Traffic Signal
Parts for the Transportation and Public Works Department for an Annual Amount Up to
$91,450.00.
2.M&C P-11062 - Authorizing a Purchase Agreement with Master Meters, Inc., for Multi-Jet
Water Meters for the Water Department for an Annual Amount Up to $35,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 4 of 30
(VII. CONSENT AGENDA Continued)
3.M&C P-11063 - Authorizing a Purchase Agreement with Dukes Root Control, Inc., for Sewer
Line Chemical Root Control Through Texas Association of School Boards BuyBoard Contract
No. 326-09 for the Water Department for an Annual Amount Up to $300,000.00.
4.M&C P-11064 - Authorizing the Purchase of Gym Floor Coverings from John F. Clark
Company for Various City Community Centers Using Texas Association of School Boards
BuyBoard Contract No. 283-08, for an Amount Up to $61,849.00.
5.M&C P-11065 - Authorizing a Purchase Agreement with Tri-County Officials Association to
Provide Officiating Services for the Youth Sports Program for an Annual Amount Up to
$43,000.00.
C.Land - Consent Items
1.M&C L-14901 - Authorizing the Acquisition of a 0.2524 Acre Temporary Construction
Easement from Columbia Plaza Medical Center of Fort Worth, Subsidiary, L.P., d/b/a Plaza
Medical Center of Fort Worth, Located at 900 Cooper Street, Described as a Portion of Lot 2-A,
Block 2, Medical Centre Addition, Tarrant County, Texas, in the Fort Worth Medical District in
the Amount of$23,000.00 and Pay the Estimated Closing Costs of$1,000.00 for the Fort Worth
Medical District Water Distribution System Improvements, Part 4 Project; Finding that the
Appraised Value is Just Compensation; and Authorizing the Acceptance and Recording of
Appropriate Instruments.
2.M&C L-14902 - Authorizing the Acceptance of a Dedication Deed from Primary Realty
Assets, L.P., at No Cost to the City of Fort Worth for Drainage Control and Floodplain
Management for Property Located South of Trinity Boulevard and East of South Norwood
Drive, Described as S. Cotrail Survey, Abstract No. 330, Fort Worth, Tarrant County, Texas;
and Authorizing the City Manager, or His Designee, to Accept and Record the Appropriate
Instruments to Complete the Conveyance.
3.M&C L-14903 - Approving the Acquisition of 0.086 Acre and 0.288 Acre Reclaimed Water
Line and Salt Water Line Easement Along with 0.052 Acre Temporary Construction Easement
from T.J.L. Gravel Company, L.P., Located in Northeast Fort Worth in a Portion of the Richard
H. Calloway Survey,Abstract 337, on Euless South Main and Pay the Estimated Closing Costs of
$1,500.00; Finding that the Appraised Value of $101,005.00 is Just Compensation; and
Authorizing the Acceptance and Recording of Appropriate Instruments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 5 of 30
(VII. CONSENT AGENDA Continued)
4.M&C L-14904 - Authorizing the City Manager to Amend the Terms of an Approved License
Agreement with T-Mobile West Corporation for a Stealth Telecommunications Tower with
Support Facilities in Sandy Lane Park at 2001 Sandy Lane, Adjusting the Terms and Increasing
the Contract Amount to $418,000.00.
D.Planning & Zoning - Consent Items
1.M&C PZ-2860 - Adopting Ordinance No. 18968-12-2009 Vacating, Abandoning and
Extinguishing a Portion of an Emergency Access Easement within Lots 38A and 38B, Hicks
Airfield, Section 3 an Addition to Tarrant County, Texas, and Located Within the
Extraterritorial Jurisdiction of the City of Fort Worth; and Waiving Any and All Purchase Fee
Value of the Vacated Land in Accordance with City Policy (M&C G-15624).
2.M&C PZ-2861 - Authorizing the City Manager to Initiate Certain Zoning Changes at 1517
Andante Drive, 1601 Country Manor Road, 7501 Crowley Road and 1516 Sycamore School
Road, from Various Districts to "A-5" One-Family and "CF" Community Facilities, in
Accordance with the Comprehensive Plan.
3.M&C PZ-2862 - Authorizing the City Manager to Initiate Certain Zoning Changes in Phase
One (1) of the Far Greater Northside Neighborhood, from Various Districts to "AG"
Agriculture, "A-5" One-Family, `B" Two-Family, "CR" Low Density Multi-Family, "C"
Medium Density Multi-Family, "CF" Community Facilities, "E" Neighborhood Commercial and
"PD" Planned Development 132, in Accordance with the Comprehensive Plan.
4.M&C PZ-2863 - Authorizing the City Manager to Initiate Certain Zoning Changes in Phase
Four (4) of the West Meadowbrook Neighborhood, from Various Districts to "A-5" One-Family,
"B" Two-Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E"
Neighborhood Commercial and "FR" General Commercial Restricted, in Accordance with the
Comprehensive Plan.
E.Award of Contract- Consent Items
1.M&C C-23968 - Authorizing the City Manager to Execute a Standard Encroachment
Agreement with Tarrant County for the Installation of Items Related to the Construction of the
Tarrant County Jail Expansion Which Will Encroach the Cherry Street, Belknap Street, Burnett
Street and Weatherford Street Right-of-Way.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 6 of 30
(VII. CONSENT AGENDA Continued)
2.M&C C-23969 - Authorizing the City Manager to Adopt Resolution No. 3828-12-2009 to
Increase the Amount to be Paid to Lowell Denton of the Law Firm Denton, Navarro, Rocha and
Bernal, P.C., by $50,000.00, for a Total Amount Not to Exceed $250,000.00 to Assist City Staff
with Employment and Labor Issues Related to Public Safety Labor Negotiations.
3.M&C C-23970 - Authorizing the Expenditure of $102,783.60 in Community Development
Block Grant Funds for the 2009 No. 2 ADA Ramp Infrastructure Project; Authorizing the
Expenditure of $121,458.60 in Community Development Block Grant Funds for the 2009 No. 3
ADA Ramp Infrastructure Project; Authorizing the Execution of a Construction Contract with
HZ Paving Construction Company, for $82,028.00 for the 2009 No. 2 ADA Ramp Infrastructure
Project and $97,088.00 for the 2009 No. 3 Ramp Infrastructure Project Plus Twenty (20) Percent
Contingency and Administration/Project Delivery Costs for Each Contract; and Authorizing the
Rejection of All Bids for the 2009 No. 1 Ramp Infrastructure Project.
4.M&C C-23971 - Authorizing the City Manager to Enter into a Five (5) Year Tax Abatement
Agreement with Jay Newman for the Property at 4425 Village Creek Road in the Stop Six
Neighborhood Empowerment Zone in Accordance with the Neighborhood Empowerment Zone
Tax Abatement Policy and Basic Incentives.
5.M&C C-23972 - Authorizing the City Manager to Enter Into a Five (5) Year Tax Abatement
Agreement with KT Land, LTD, a Texas Limited Partnership, and Neighborhood Homes for
Sixteen (16) Properties in the Evans and Rosedale Neighborhood Empowerment Zone in
Accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic
Incentives.
6.M&C C-23973 -Authorizing the City Manager, or His Designee, to Execute an Amendment to
City Secretary Contract No. 22444 with Downtown Fort Worth Initiatives, Inc., to Permit the
Refinance of the First Lien Mortgage for the Rock Island Rental Community Project; and
Authorizing the City Manager, or His Designee, to Modify, Extend or Renew City Secretary
Contract No. 22444 and Any Related Subordinate Loan Documents or Other Instruments
Evidencing the City's Portion of the Subordinate Loan on the Project so Long as Such
Modification, Extension or Renewal is Necessary for the Refinance of the First Lien Mortgage,
within the Scope of the Project and in Compliance with All Applicable Laws and Regulations
Governing the Use of Federal Grant Funds.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 7 of 30
(VII. CONSENT AGENDA Continued)
7.M&C C-23974 - Amending the City's 2009-2010 Action Plan for Use of Federal Grant Funds
from the United States Department of Housing and Urban Development; Authorizing the
Reallocation of $20,000.00 in Program Year 2009-2010 Community Development Block Grant
Funds from the University of North Texas Health Science Center to the YMCA of Metropolitan
Fort Worth for Childcare Services Under the School Aged Childcare Program; and Authorizing
the City Manager, or His Designee, to Execute an Amendment to City Secretary Contract No.
39284 with the YMCA of Metropolitan Fort Worth Increasing the Grant Amount by $20,000.00
and Making Any Necessary Revisions to the Program Goals, Provided that the Amendment is
within the Scope of the Program and in Compliance with All Applicable Laws and Regulations
Governing the Use of Federal Grant Funds.
8.M&C C-23975 - Authorizing the City Manager to Execute an Engineering Services
Agreement in the Amount of $691,460.00 with Dunaway Associates, L.P., for the Design of
Avondale Haslet Road from US Highway 287 to Willow Springs Road.
9.M&C C-23976 - Adopting Resolution No. 3829-12-2009 Authorizing the Closure of a Portion
of the 200 Block of West Bowie Street from St. Louis Avenue on the West to a Point 50' from the
Center of the Union Pacific Railroad Tracks on the East in Order to Close the Railroad
Crossing; Authorizing the City Manager to Enter into a Crossing Closure Agreement with the
Texas Department of Transportation (TxDOT) and the Union Pacific Railroad Company to
Close the Railroad Crossing in which TxDOT will Reimburse the City Up to $7,500.00 for the
Installation of Barricades and Other Closure Expenses; and Adopting Appropriation Ordinance
No. 18969-12-2009 Increasing the Estimated Receipts and Appropriations in the 2007 Critical
Capital Projects Fund Upon Reimbursement from TxDOT.
10.M&C C-23977 - Authorizing the City Manager to Execute Change Order No. 1 in the
Amount of $91,554.88 to City Secretary Contract No. 38419, a Construction Contract with
Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement
on Portions of Fain Street, Fairview Street, Harper Street, Karnes Street and Primrose Avenue,
Thereby Revising the Original Contract Amount to $3,093,142.32.
11.M&C C-23978 - Authorizing the City Manager to Execute Change Order No. 3 in the
Amount of $67,277.13 to City Secretary Contract No. 36574, a Construction Contract with
Stabile and Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer
Replacement on Portions of Sargent Street and Upton Avenue Thereby Revising the Original
Contract Amount to $1,094,747.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 8 of 30
(VII. CONSENT AGENDA Continued)
12.M&C C-23979 - Authorizing the City Manager to Execute Change Order No. 4 in the
Amount of $57,620.00 to City Secretary Contract No. 35282, a Construction Contract with
Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement
on Portions of Avenue H, Avenue A, Newark Avenue, Avenue I, Court Street, Parkdale Avenue
and Avenue G, Thereby Revising the Original Contract Amount to $2,751,293.25.
13.M&C C-23980 - Authorizing the City Manager to Enter into an Agreement with the
Burlington Northern Santa Fe Railway Company Allowing the City to Install and Maintain a
Wayside Horn System at the Railroad Crossings in the 2700 Block of Lipscomb Street and in the
2100 Block of Gambrell Street.
14.M&C C-23981 - Authorizing the City Manager to Execute Change Order No. 2 in the
Amount of $320,700.04 to City Secretary Contract No. 38245 with W.G. Yates and Sons
Construction Company to Construct Western Heritage Parking Garage at the Will Rogers
Memorial Center, Thereby Increasing the Contract Amount to $17,001,410.04.
15.M&C C-23982 - Authorizing the City Manager to Execute a Memorandum of
Understanding with the United States Marshals Service for the Purpose of Receiving
Reimbursable Funds in the Amount of $33,000.00 for Fuel and Vehicle Retrofitting Costs
Incurred by the City for Vehicles Issued to the Police Department's Fugitive Unit; Authorizing
the City Manager to Execute a Similar Memorandum of Understanding with the United States
Marshals Service for the Purpose of Receiving Reimbursable Funds in the Amount of$80,000.00
in Overtime Costs for the Fugitive Unit's Participation in the Dallas Fort Worth Fugitive
Apprehension Task Force; and Adopting Appropriation Ordinance No. 18970-12-2009
Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$113,000.00, Upon Execution of Two (2) Memoranda of Understanding.
16.M&C C-23983 - Ratifying the Application for Grant Funding in the Amount of $45,000.00
from the Texas Department of Transportation (TxDOT) to Operate the Fiscal Year 2010
Impaired Driving Mobilization Program; Authorizing the City Manager to Accept, if Awarded,
the Grant Funds from TxDOT; Authorizing the City Manager to Execute a Contract with
TxDOT for Implementation of the Impaired Driving Mobilization Program; Authorizing the
Transfer of$15,000.00 from the Federal Awarded Assets Fund to the Grants Fund for the City's
Required Match; and Adopting Appropriation Ordinance No. 18971-12-2009 Increasing the
Estimated Receipts and Appropriations in the Grants Fund in the Amount of$60,000.00, Subject
to Receipt of the Grant.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 9 of 30
(VII. CONSENT AGENDA Continued)
17.M&C C-23984 - Authorizing the City Manager to Execute a Contract with Eagle
Construction and Environmental Services, LLC, in an Amount of $453,053.00, for the
Transportation and Disposal of Contaminated Soils Located at 2500 Brennan Avenue for the
Trinity River Vision Project and 3479 West Vickery Boulevard for the Southwest Parkway/SH
121 Tollway Project.
18.M&C C-23985 - Authorizing the City Manager to Execute a Written Consent to Assignment
by Atkinson, Bibbee and Francis of Leasehold Interest in City Secretary Contract No. 11963 at
Fort Worth Meacham International Airport to Atkinson, Francis and Welch.
19.M&C C-23986 - Authorizing the City Manager to Execute an Agreement with I. Kruger,
Inc., to Settle a Dispute Regarding Guaranteed Performance of Equipment Installed in the High
Rate Clarification Project at Village Creek Wastewater Treatment Plant Under which L Kruger,
Inc., will Provide Equipment, Services and a Payment in the Amount of $25,000.00; and
Accepting $25,000.00 from L Kruger, Inc., to Offset the Cost of Installation of New Equipment.
20.M&C C-23987 - Authorizing the City Manager to Execute a Contract in the Amount of
$863,370.00 with M-Co Construction, Inc., for Water Main Relocations for State Highway 121T,
Part 13, at Dirks Road/Alta Mesa Boulevard.
21.M&C C-23988 - Authorizing the Transfer of $116,539.00 from the Water and Sewer
Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No.
18972-12-2009 Increasing the Estimated Receipts and Appropriations in the Sewer Capital
Projects Fund in the Amount of $116,539.00 from Available Funds, for Sanitary Sewer
Rehabilitations Contract LII (52); and Authorizing the City Manager to Execute Amendment
No. 3 in the Amount of$108,539.00 to City Secretary Contract No. 27966 with Teague Nall and
Perkins, Inc., for Additional Engineering Services, Thereby Increasing the Contract Amount to
$424,689.00.
22.M&C C-23989 - Authorizing the Transfer of $1,059,389.00 from the Water and Sewer
Operating Fund to the Water Capital Projects Fund in the Amount of $771,168.00 and in the
Sewer Capital Projects Fund in the Amount of$288,221.00; Adopting Appropriation Ordinance
No. 18973-12-2009 Increasing the Estimated Receipts and Appropriations in the Water Capital
Projects Fund and in the Sewer Capital Projects Fund, from Available Funds, for Water and
Sanitary Sewer Replacement Contract 2005 STM-M; and Authorizing the City Manager to
Execute a Contract with RKM Utility Services, Inc., in the Amount of$988,139.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 10 of 30
(VII. CONSENT AGENDA Continued)
23.M&C C-23990 - Adopting Appropriation Ordinance No. 18974-12-2009 Increasing the
Estimated Receipts and Appropriations in the Park Gas Lease Project Fund in the Amount of
$35,306.10, from Gas Well Pipeline Easement Revenues, for the Purpose of Transferring Said
Funds to the Park Gas Lease Fund for Road and Parking Lot Improvements at Greenway Park;
and Authorizing the City Manager to Execute a Contract with McClendon Construction
Company, Inc., in the Amount of$273,756.00 for Road and Parking Lot Improvements.
24.M&C C-23991 - Authorizing the City Manager to Execute a Contract with McClendon
Construction Company, Inc., in the Amount of $407,757.45 for Parking Lot Improvements at
Diamond Hill Community Center, Northside Community Center, Lake Como Park and Haws
Athletic Center.
VIII.PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1.00S - 1754 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, S
1.Presentation of Proclamation for Cily of Fo rt Worth Mili1ar1EMR!21gE.Ra y
Council Member Zimmerman presented a Proclamation to Sergeant Tom R. Hughes, Police
Department, for City of Fort Worth Military Employee Day. He stated that on September 11, 2001, the
entire nation witnessed and shared in the tragic terrorist attacks on the United States, which lead to the
heartbreaking deaths of thousands of innocent people in addition to citizens from more than 90
different countries and territories. He further stated that hundreds of thousands of brave men and
women continued to serve the nation every day, having answered the call to duty as members of the
nation's armed forces, many of whom had given their lives or been injured to defend the nation's
security and prevent future terrorist attacks. He pointed out that Texas had been called the most
military friendly state in the nation and was home to several important military bases with hundreds of
thousands of active duty men and women and their families in all branches of the service. He added
that since 9/11 the City of Fort Worth Employees Reserves and Guardsman had mobilized and
deployed across the globe leaving family, friends and employers including some who today have
continued to protect the nation by serving in locations around the world.
Sergeant Hughes accepted the Proclamation on behalf of the Military Employees and expressed
appreciation to the Mayor and Council for their continued support of the armed forces and their
families. He also presented a City of Fort Worth flag to Mayor Moncrief which was signed by the City
Council of Hawijah, in the Kirkuk Province. He stated that Mayor Moncrief had sent the City flag to
him in Iraq while he was serving and he had the opportunity to have the flag signed for the Mayor.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 11 of 30
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
Mayor Moncrief presented Certificates of Recognition and City coins to the following Military
Employees and expressed appreciation for their service to the nation and to their families for their
sacrifices in the name of national security:
Alfred W. Henderson John H. Choyce, Jr.
Allen N. Speed John Rablee
Cedric Jones Kathy A. Thompson
Chris T. Fearneyhough Linda Hightower
Curtis B. Stille Mark S. Helm
Dana Stevenson Michael Hernandez
Daniel Lee Darlow Michael Lachman
David B. Stout Mike Vargas
David De Leon Ronnie K. Carey
David Michael Rogers Roy Rea
Elizabeth Ensey Rudy Puga
Fabian J. Najera Sammy L. Webb
Frank Brown Tom R. Hughes
Gerald D. Glenn Tracy Bancroft-Lasseter
Jared Cockerham Wallace E. Hood, Jr.
Jason Ford William Wedel
2.Presentation bv Ms. Cvnthia Hod2kins, Treasurer of the Cookbook Committee, Botanic
Garden Center
Ms. Renee Walter, former President of the Garden Club and Co-Chairman of the Cookbook
Committee presented the Mayor and Council Members with the Club's new cookbook, A Gardener in
the Kitchen, sponsored by the Fort Worth Garden Club, Botanical Society and Garden Club Council.
She stated that the Botanic Garden was fortunate to have three support groups who furnished
volunteers and financial assistance: the Fort Worth Garden Club, Botanical Society and Garden Club
Council. She further stated that the three groups had published a beautiful cookbook and added that it
was professionally published, with color photographs of the Garden and over 375 recipes. She pointed
out that the cookbook had received glowing reviews from 360West Magazine, Indulge, Panache, and
the Fort Worth Star Telegram. She advised that the cookbook was available for purchase for $30.00 in
the gift shop in the Japanese Garden and through the website for the Garden and added that all
proceeds would benefit the education department at the Fort Worth Botanic Garden.
Mayor Moncrief expressed appreciation to the Fort Worth Garden Club, Botanical Society and Garden
Club Council and stated the cookbook was beautiful and would be thoroughly enjoyed by everyone.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 12 of 30
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued)
3.Presentation by Imagination Celebration
Ms. Ginger Head, Imagination Celebration Director, appeared before Council and expressed
appreciation to the Mayor and Council for their many years of support of the program. She presented
the Mayor and Council with a book of photographs and stories of the lives changed by Imagination
Celebration. She introduced the Yucatan Children's Choir called The Art of Singing and pointed out
that the children could perform opera in three different languages. She added that the group had
performed for several Ambassadors including, the President and First Lady. She advised that the choir
would perform a song for the Mayor and Council and would be performing at many Fort Worth
Independent School District(FWISD) schools throughout the week.
Mayor Moncrief expressed appreciation to Ms. Head and to the Yucatan Children's Choir for a
wonderful performance and wished them success in the future.
X.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming a nd Recent Events
Council Member Moss announced that a Public Hearing on the redevelopment of Lake Shore Drive
was held on December 14, 2009. He expressed appreciation to Ms. Patrina Newton, Senior Planner,
Planning and Development Department, for her involvement and support and stated the meeting was a
success and he looked forward to future updates about the project.
Council Member Jordan announced that he attended the Snowball Express Event held on
December 9 through 13, 2009, in Dallas, Texas. He stated that the Snowball Express was a charity for
the children of fallen military heroes. He advised that the foundation began in 2006 with a simple idea:
provide hope and new memories to the children of the fallen military heroes who died while on active
duty since September 11, 2001. He expressed appreciation to American Airlines, who sponsored the
event, and added that the all expense paid weekend served 1,400 children and their families.
Council Member Espino announced that several organizations collected toys at the Northside
Community Center and distributed the toys to families in the Northside area. He stated the celebrity
guest at the event was Yovani Gallardo, Major League Pitcher with the Milwaukee Brewers and added
that Mr. Gallardo was from Fort Worth's Northside and was a graduate of Trimble Tech High School
in Fort Worth Independent School District. He expressed appreciation to Mr. Santiago Espinoza,
President of Casa del Inmigrante Fort Worth and to the Fort Worth Hispanic Chamber of Commerce
for their support and assistance with the toy drive. He stated that the Retirement Reception for Mr. Bill
Walker, Hillwood Community Relations Director, was a wonderful recognition ceremony and
expressed appreciation to the Mayor, Council Members and City Staff who attended the reception.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 13 of 30
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Hicks announced that the Fort Worth Chapter of the International Association of
Black Professional Firefighters Reaching Out held their annual event benefitting children with Sickle
Cell Anemia. She stated that the 80 children and their families gathered at the Union Fire Hall and she
expressed appreciation to the firefighters and volunteers for their support. She also announced that she
was the speaker at the W.M. Green Elementary School 50th Anniversary celebration and stated that the
event was wonderful and wished the school a successful 50 years in the future. She wished the Mayor
and Council, the citizens, and City staff a great holiday season and a wonderful 2010.
City Manager Fisseler announced that the second City employee furlough date would be
December 24, 2009, and that City Hall and most City facilities would be closed. He also announced
that City Hall and many City facilities would be closed on December 25, 2009, and January 1, 2010,
respectfully, in observance of the Christmas and New Year holidays. He provided information relative
to garbage, recycling, and brush pick up schedules and added that all information would be provided to
the local newspaper.
Mayor Moncrief announced that the Council had received their 158th key to add to their glass jars and
added that 158 people had been housed through the Directions Home Program. He also stated that
the Texas Commission on Environmental Quality advised that they would expedite the City's request
for benzene testing of wells in and around Fort Worth and added the issue continued to be a high
priority. He also announced that a giant thank you card would be sent to Texas Christian University
(TCU) Football Coach Gary Patterson and the Football Team in appreciation for an exceptional
undefeated season, and encouraged citizens to do the same. He also stated January 4, 2010, was "Go
Purple Day" and requested that all Fort Worth employees, local business owners and citizens dress
casual and wear purple on game days in support of the TCU Football Team. He encouraged everyone
to attend the Tostitos Fiesta Bowl to watch the Horned Frogs take on the Boise State Broncos. He
advised that appreciation and good luck cards could be sent to the Texas Christian University Football
Office, TCU Box 297600, Fort Worth, Texas, 76129, and stated the address would also be posted on
the City website. He further advised that the January 5, 2010, City Council Meeting had been cancelled
so that TCU fans citywide could attend the bowl game.
2.Recognition of Citizens
There were no citizens recognized at this time.
XI.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membershi Boards and ss s
There were no changes in membership on boards and commissions.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 14 of 30
XII.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or City Council
committees.
XIII.RESOLUTIONS
1.It was the Consensus of the Councilthat a Resolution Nominating the Ridgle Theater and a
Portion of the Attached Retail Co ribed Herein,
for Designation as a Historic and Cultural Landmark be Withdrawn from Consideration.
2.A Resolution of the City Coun Cl l of the and Cance
Some Regularly Scheduled City Council Meetings Months of January through December
2010
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that
Resolution No. 3830-12-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
3.A Resolution Atmointing Council Members Zim Zimmerman, Frank Moss., Kathleen Hicks
and Joel Burns to the Board of Directors of Service Center Relocation,Incorporated with terms
ext)irin2 July 1, 2011.
Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that
Resolution No. 3831-12-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
XIV.REPORT OF THE CITY MANAGER
B.General
1.M&C G-16787 - Hold a Public a rl Cer 1 t o x a S1 the Boundaries and
Extension of the Term of Tax Increment Reinvestment Zone No 9, City of Fort Worth, Texas,
(Trinitj River Vision TIF) the App oval of AmEaded Pro*ect and Finaniing
L _E!MLfor the Trin lty
River Vision TIF and the Concept of Tax Increment an
Ordinance is Exp nds the Boundaries of jhe_TrinitL River Vision TIF to Include Certain
Property to the East and South of the Current Boundaries; Extends the Expiration Date of the
Trinit3: Ri er Vision TIF to the Earlier of December 31, 2044, or t e Date on Which All TIF
Project Costs,Tax Increment Bonds and Interest on Those Bonds if Applicable)
Have Been Paid
in Full; Approves Amended Project and Fina!jijflg_kjM for the Trinity River Vision TIF, as
Previousiv Armroved bv the TIF's Board of Directors- and Contains Specific Findings of Fact i n
Support of the Foregoing. (Continued from December 8, 2009).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 15 of 30
(G-16787 Continued)
City Secretary Hendrix advised that a staff report would not be provided and that staff recommended
that the Public Hearing be closed and the Council take action on the item.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a. e r
A staff report was not provided.
b.Citizen Presentations
There were no citizen presentations.
c.Council Action
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the
public hearing be closed, and Mayor and Council Communication No. G-16787 be
approved and Ordinance No. 18975-12-2009 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
2.MSC G-16798 - Adopt an Appropriation Ordinance Increasing Estimated Receipts and
Autwouriations in Various Funds from Available Funds, in the A mount of $2,228,761.9
r_ er j ecord Fees Paid to JI'Morgan Chase Bank, ank One Trust Companj a
Oil and Gas Since 2004 for Banking and s tat Services Provided in cti on with the
City's Gas Lease Program.
Council Members Jordan, Burns, Zimmerman, and Hicks advised that they had either regular personal
or business banking relationships with Chase Bank and stated it did not pose a conflict of interest and
they would still vote on the agenda item.
City Attorney Yett clarified that the law only required that Council Members disclose their banking
relationship prior to voting on the item and that their vote did not pose a conflict of interest.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16798 be approved and Appropriation
Ordinance No. 18976-12-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 16 of 30
3.M&C G-16799 - Authorize the City Manager to Pur hase an Excess Workers C2Mpensation
Insurance Policy for 2010 from Star Insurance Com any through McGriff Seibels and Williams
of Texas, Inc., in the Amount of$42
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G-16799 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
4.M&C G-16800 - Adopt a Resolution Readotitin
the Relocation Incentives Policy
Businesses Dist)laced by Mayor Public Infrastructure Proiects in the City.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette,
that Mayor and Council Communication No. G-16800 be approved and Resolution No.
383212-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
5.M&C G-16801 -Adopt the Pro ose d 2010 Schedule of Rates and Cbar es rte rt
Worth Public Events Dgft art ment.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. G-16801 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
6.MSC G-16802 - Authorize the City Manager to Submit to the Crime Control and Prevention
District Board an Amendment to the Fiscal Year 2010 Crime Control and Prevention District
Bud2et Reducing Armrot)riations in the Amount of$1,628,914.00 within the Strategic Operations
Fund, Parks Communitl_Policing Programs,_SReciaI Events Overtime, Technology Infrastructure
and Helicor)ter Lease P
Council Member Jordan advised that although this item involved the Crowley Independent School
District and other schools, this was a budget item, therefore it did not pose a conflict of interest and he
would vote on this item.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G-16802 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 17 of 30
7.M&C G-16803 - Authorize the City Manager to Ratify the Appi cation for a Departme t of
Justice, Community Oriented Policing Services Office, Secure Our Schools Grant in the Amount
of $459,550.00; Authorize the Citv Manager to Execute a Contract with the Department of
Justice in Order to Accept the Award; A h rize the City Manager t o Execute a Memorandum
of Understanding with the Fort Worth Independent School District FWISD
which Provides
that the Citv of Fort Worth will Serve as the Cognizant Fiscal Agent for the Purposes of
Administering the Grant and that the FWISD will Spend 5459,550.00 in Matching Funds
Towards Meetin2 the Goals Outlined in the Memorandum of UnderstandingL Authorize the
FWISD Match to be Recorded as in-Kind in an Amount Not to Exceed $459,000.00; and Adopt
an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the
Grants Fund in the Amount of$9192100.00, Subject to Receipt of a Grant from ±�a Department
of Justice.
Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Council Member Moss left his place at the dais.)
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. G-16803 be approved and Appropriation
Ordinance No. 18977-12-2009 be adopted. The motion carried unanimously eight (8)
ayes to zero (0) nays, with one (1) abstention by Council Member Moss.
(Council Member Moss returned to his place at the dais.)
8.M&C G-16804 - Conduct a Public Hearing on the Application of the Union Pacific Railroad
C
Lom ny for Approval of a Municipal Setting Designation for the Centennial (Davidson) Rail
Yard Located at 1500 Rogers Road, a 66.57 Acre Tract More Fully Described as a Tract of Land
Situated in the City of Fort Wort ocated in the
W.D. Conner Survev, Abstract No. 228 and the T. White SurvevAbstract No. 1636 and as
Reference per Certifi ati on of Articles of Merger 1 Union Pacific Railroad Com nj as
Recorded in Volume 13215, Page 130 of the Official Public Records of Tarrant County, Texas
to Allow the Public the rt ity to Give Teajjffi2fljL.,�� ti i S rt
of the Application of the Union Pacific Railroad to the Texas Commission on Environmental
Quality f®r a Municir�al Setting Desinati®n at 1500 R®hers R®ad, Fort Worth, Texas; and t
an Ordinance Amendin2 the Code of the Citv of Fort _MLorthJI986 as Amended, bv the
Amendment of_Chapter 12.5, "Environmental Protection and IV
"Groundwater and Surface Water Quality," by Amending Appendix "A" "Municipal Setting
Designation Sites in Fort Worth," by the Addition of Section 18; Designating CFW-MSD-0018
Providini! for the Prohibition of the Use of Groundwater for Potable and Irrigation Purposes in
CFW-MSD-22laL_LE21igi!lg_a_finL_2L�� 52, r Each Offense in Violation of the
Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 18 of 30
(G-16804 Continued)
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Mr. Brian Boerner, Director, Environmental Management Department, appeared before Council and
provided a staff report.
b.Citizen Presentations
Mr. John H. Horton, representing the applicant, completed a speaker card in support of Mayor and
Council Communication No. G-16804, but did not wish to address the Council.
c.Council Action
Council Member Burns advised that the Mistletoe Heights Neighborhood Association had requested to
meet with the Environmental Management Department staff on January 5, 2010, and stated
those interested in additional information about the meeting could contact the District 9 Office at
817-392-8809. He advised that he would make a motion to continue the Public Hearing until
January 26, 2010.
Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. G-16804 be continued until the
January 26, 2010, Council meeting. The motion carried unanimously nine (9) ayes to
zero (0) nays.
C.Purchase of Equipment, Materials, and Services
L MSC P-11066 - Authorize a Purchase Agreement with Verizon Wireless for Broadband
Access Services and ar are, Using the State of Texas Departmen t of Information Resources
Contract No. DIR-SDD-604, for the Information Technology Solutions Department for an
Annual A $300,000.00.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. P-11066 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 19 of 30
2.M&C P-11067 - Authorize the Purchase of New Heavj Duty Dump Trucks Using Te as
Association of School Boards Cooperative Co tract No. 281-07 with Southwest International for
the Transportation and Public Works Del2artm nt for a Total Amount Uri to $865,359.00.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. P-11067 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
3.MSC P-11068 - Authorize the Purchase of a New Caterpillar 450E Backhoe Loader thr
Texas Association of School Boards Contract No. 268-07 with Holt Cat for the Tranwortation
and Public Works Dep rtment for an Amount Not to Exceed $139,488.00.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. P-11068 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
4.MSC P-11069 - Authorize the Purchase of New Heavy Duly Service Trucks Using Texas
Association of School Boards Cooperative Co tract No. 281-07 with Southwest International for
the Water Department for a Total Amount Up to $518,553.40.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. P-11069 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
5.MSC P-11070 - Authorize the Purchase of Three (3) New Heavy Duty Trucks Using Texas
Association of School Boards Cooperative Co tract No. 281-07 with Southwest International for
the Environmental ManagggjjflLRgRALjffiggtfor a Total Amount Up to $413,06100.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. P-11070 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
6.MSC P-11071 - Authorize the Purchase of New Heavy Duty Service Trucks from Southwest
International Usin2 Texas Association of School Boards Cooperative ontract No. 281-07 for the
Transportation and Public Works Department for a Total Amount Up to $367,737.00.
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. P-11071 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 20 of 30
7.M&C P-11072 - Authorize a Contract with Data Prose, Inc., to rovide Uti i ri ti�
and Mailin etween the City of Plano
and the City of Fort Worth for the Water Department for an Amount U12 to $1,837,411.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. P-11072 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
8.MSC P-1 1073 - Authorize a Purchase Agreement with Dell Marketing,1L.P.
,for Hardware,
Technolo2v Services, aintenance and Support Services Utilizing the State of Texas Department
of Information Resources Contract No. DIR-SDD-890 for an Amount Up to $700,000.00 for
Equiment ReW ace meta nd an Additional $300 000.00 for New Eguipment Purchase for a
Total of $ riation Ordinance Increasing the
Estimated Receir)ts and ADDroDriations in the Inform atj2p_System s Fund in the Amount of
X716,432.96, and Decreasing [Jnaudited, Unreserved, Undesi�nated Fund Balance by the Same
Amount for the Purpose of Transfer Eigg Said Funds to the Information SILtLems Capital Pr2jKCts
Fund for Eguipment Replacement Authorize the Transfer from the Information Systems Fund
to the Information S3:stegl_Ca
L2ital Proiects Fund; and Adopt an Appropriation Ordinance
ifliEgaliaLthe Estimated Receipts and Appropriations in the Information Systems Capital
Proiects Fund from Available Funds for the Purr)ose of Funding Eauiment Ret)la cement.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman,
that Mayor and Council Communication No. P-11073 be approved and Supplemental
Appropriation Ordinance No. 18978-12-2009 and Appropriation Ordinance No. 18979-
12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
9.MSC P-11074 - Authorize an Amendment to the Software Support Agreement with TriTech
Software SIgEms for the Computer-Aided Dist)atch System and Station Alerting System; and
Authorize Renewal of the Software Support Agreement with TriTech Software Systems for an
Additional 12-Month Period with Three (3) Additional One (1) Year Or)ti to Renew for an
Annual Amount Up to $468,465.00.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. P-11074 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
City Secretary Hendrix advised that the Council would move down the agenda to Mayor and Council
Communication No. C-24001, which would be considered prior to the consideration of Mayor and
Council Communication No. P-11075.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 21 of 30
10.M&C C-24001 - Authorize a Substantial Amendment to the City's 2004-2005, 2007-20 8 and
2008-2009 Action Plans to Change the Use and Add Additional Funds to the Terrell Heights
Street Light Renl ace ment Proiect; and Authorize the ExDenditure of an Additional $198 974.37
of Community Develo ment Block Grant Funds for the P
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24001 be approved with appreciation to
staff. The motion carried unanimously nine (9) ayes to zero (0) nays.
City Secretary Hendrix advised that the Council would move back up the agenda to consider Mayor
and Council Communication No. P-11075 and would continue the regular order of the agenda.
10.MSC P-11075 - Authorize a Purchase Agreement with Dealers Electrical SHpDjj m CLoj2anv
to Purchase Armroxim ate I3: 350 Street Lights for the Terrell Heights Street Light Replacement
Project in an Amount Not to Exceed $626,979.27; and Authorize the Purchase _Agreement to
Begin December 15 2009, and Expire DecembeL 14,2010 it the 0 ti on 1 L
to Renew r Two 2
jo .....
Additional Qne I Lj Year Periods.
_
Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. P-11075 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
D.Land
1.M&C L-14905 - Approve the Acceptance f a Lease A
g,reement for Natural Gas Drifli
Under 5.372 Acres,More or Less, of City-Owned Properties Known as Stephens Park and
Seminarl Hill Water Tower Located at 2701 West Gambrell Street to Chesapeake Exploration,
L.L.C. or a Two (2)Year Primary Term.
,f
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.
(Council Member Jordan left his place at the dais.)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. L-14905 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council
Member Jordan.
(Council Member Jordan returned to his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 22 of 30
2.M&C L-14906 - Conduct a Public Hearing Under the Guidelines Set Forth by Chapter 26,
Protection of Public and Recreational Lands, of the Texas Parks and Wildlife Code; Find that
No Feasible or Prudent Alternative Exists for Locating the Proposed Fort-Eight (48) Inch Water
Line in Ed K. Collett Park; Find that the Proposed Water Line Includes All Reasonable
Planning to Minimize Harm to the Parkland; and Close the Public Hearing and Authorize the
Water Department to Use Approximately 0.186 Acre of Dedicated Parkland for Installation of a
Water Line to be Placed in the Eastern Portion of Ed K. Collett Park, Located at 4800 West
Vickery, Located North of Vickery Boulevard,West of Mick Lynn Avenue.
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: Council Member Burdette made a motion, seconded by Council Member Espino, that
the public hearing be closed, and Mayor and Council Communication No. L-14906 be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
F.Award of Contract
1.M&C C-23992 - Authorize Execution of a Sole Source Service Agreement with Motorola
Communications for the Maintenance of Public Safety Mobile Data Computers for an Amount
Not to Exceed $295,237.00.
Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-23992 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
2.M&C C-23993 - Authorize the Execution of a Contract with TW Telecom Holdings, Inc., to
Provide Telecommunications Services at the Hazel Harvey Peace Center for Neighborhoods
Located at 818 Missouri Avenue for the Information Technology Solutions Department Using
General Services Administration Contract No. GS-35F-0426R at an Annual Cost of $42,000.00
and a One (1) Time Installation Fee of$1,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 23 of 30
(C-23993 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-23993 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
3.M&C C-23994 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Enterprise Texas Pipeline, LLC, to Grant a License to Construct and Operate a
30-Inch Natural Gathering Gas Pipeline Across Avondale Haslet Road, West of Farm to Market
Road 156 for a One (1) Time License Fee of$3,312.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23994 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
4.M&C C-23995 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Enterprise Texas Pipeline, LLC, to Grant a License to Construct and Operate a
30-Inch Natural Gathering Gas Pipeline Across Bonds Ranch Road,West of US Highway 287 for
a One (1) Time License Fee of$5,520.00.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-23995 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
5.M&C C-23996 - Authorize the City Manager to Execute a Public Right-of-Way Use
Agreement with Enterprise Texas Pipeline, LLC to Grant a License to Construct and Operate a
Thirty (30) Inch Natural Gas Gathering Pipeline Across Old Denton Road, South of Western
Center Boulevard and Western Center Boulevard, West of Interstate Highway 35W for a One
(1) Time License Fee of$9,200.00.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23996 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
6.M&C C-23997 - Authorize the City Manager to Execute a Professional Services Contract with
Crowe Horwath, LLP, for Consulting Services for Development of Finance Directives and
Related Services for the Financial Management Services Department at a Cost Not to Exceed
$590,083.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 24 of 30
(C-23997 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-23997 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
7.M&C C-23998 - Authorize the City Manager, or His Designee, to Enter into Settlement
Agreements with Twelve (12) Property Owners Previously Granted Neighborhood
Empowerment Zone Tax Abatements; and Adopt an Supplemental Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of
$24,920.00 and Reducing the General Fund Balance by the Same Amount for the Purpose of
Entering into the Settlement Agreements.
City Secretary Hendrix advised that Exhibit A was corrected as requested in the Pre-Council Meeting
by Council Member Moss.
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-23998 be approved and Supplemental
Appropriation Ordinance No. 18980-12-2009 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
8.M&C C-23999 - Authorize the City Manager to Execute Amendment No. 2 to City Secretary
Contract No. 34468 (Tax Abatement Agreement) and 35603 (Economic Development Program
Agreement) with Lancaster Avenue, Ltd., in Order to Extend Deadlines Relating to the
Redevelopment and Scope of Work Schedule of Individual Buildings Located at the Northeast
Corner of the 4200 Block of East Lancaster and Oakland Boulevard in the Oakland Corners
Urban Village.
Mr. Wayman Levell, applicant, 2331 Gus Thomasson, Suite 126, appeared before Council in support
of Mayor and Council Communication No. C-23999 and relative to the tax abatement and economic
development extension. He advised that he had invested more than $2.6 million and was on track to
meet all of the Minority Women Business Enterprise (MWBE) requirements. He stated that the
downturn of the economy and having to replat the former auto shop property had created unforeseen
delays and he requested the Council approve the request for an extension.
Ms. Gigi Goesling, 4301 Kenwood Court, appeared before Council in opposition to Mayor and
Council Communication No. C-23999 and relative to the neighborhood association and the residents
on Kenwood Court not being notified about the change in the request for a check cashing venue. She
also stated that in the original agreement, the business was not to be open 24-hours and added that the
store lighting and signage was too bright for a residential area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 25 of 30
(C-23999 Continued)
Council Member Hicks requested clarification from Mr. Jay Chapa, Director, Housing and Economic
Development Department, on what types of businesses were allowed on this property.
Mr. Chapa stated the original agreement did not have specifications for what uses were allowed, but
the new agreement would preclude the developer from any of the uses outlined in the Neighborhood
Empowerment Zone (NEZ) and Urban Villages areas.
Council Member Hicks stated that the majority of the West Meadowbrook Neighborhood Association
supported the extension and added that the replatting of the property was an unforeseen problem that
was not anticipated. She stated that the uses that were outlined in NEZ and Urban Village areas
covered a number of businesses that the neighbors had discussed with the developer. She stated she
would support moving forward with an extension.
Council Member Espino requested that the developer be sensitive to the needs of the neighbors relative
to signage on the building. He pointed out that the residents must live behind this business and urged
the developer to work with the neighbors to come to an agreement.
Mr. Chapa stated any signs on the property must meet the requirements of the Sign Ordinance and the
developer must apply for a sign permit.
Council Member Hicks added that enforcement of Ordinances was an issue in the area and around the
City and stated she would be meeting with a number of stakeholders in the area regarding enforcement
of various Ordinances.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. C-23999 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
9.M&C C-24000 - Authorize the City Manager to Execute an Amendment to the Economic
Development Program Agreement with Presidio Hotel Fort Worth, L.P., City Secretary
Contract No. 33870, as Previously Amended, in Order to Adiust Employment Commitments for
the Hotel.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. C-24000 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 26 of 30
11.M&C C-24002 - Authorize the City Manager to Enter into an Agreement with the University
of North Texas Health Science Center at Fort Worth to Accept and Receive Grant Funds from
the State of Texas in the Total Amount of $700,000.00 During the State's Fiscal Year of
September 1, 2009, to August 31, 2010; and Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of a Grant from the
State of Texas for the Guinn Elementary School Renovation.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. C-24002 be approved and Appropriation Ordinance
No. 18981-12-2009 be adopted. The motion carried unanimously nine (9) ayes to zero
(0) nays.
12.M&C C-24003 - Authorize the Transfer of$682,586.00 from the Water and Sewer Operating
Fund to the Water Capital Proiects Fund in the Amount of $576,551.00 and Sewer Capital
Proiects Fund in the Amount of$106,035.00; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Water Capital Proiects Fund and in the Sewer
Capital Proiects Fund from Available Funds, for Pavement Reconstruction and Water and
Sanitary Sewer Main Replacement on Portions of Ash Crescent Street, Irma Street, Montague
Street and Morningside Drive East, Group D, Proiect Number 00923, DOE Number 6237; and
Authorize the City Manager to Execute a Contract with McClendon Construction Company,
Inc., in the Amount of$2,106,207.20.
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. C-24003 be approved and Appropriation
Ordinance No. 18982-12-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
13.M&C C-24004 - Authorize the City Manager to Execute an Engineering Services Agreement
with Freese and Nichols, Inc., in the Amount of$3,764,201.00 as Part of the Trinity River Vision
Central City Proiect for Evaluation and Final Design of Bridges at North Main Street and
Henderson Street and Thirty (30) Percent Final Design of the White Settlement Road Bridge.
Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C-24004 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
14.M&C C-24005 - Authorize a Sole Source Purchase Agreement for the Jurisdictional
Enhanced Incident Management Unified Command Course and Enhanced Emergency
Operations Center Course from Texas Engineering Extension Service for the City of Fort Worth
Emergency Operations Center User's Group for $287,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 27 of 30
(C-24005 Continued)
Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that
Mayor and Council Communication No. C-24005 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
15.M&C C-24006 - Authorize the City Manager to Execute Amendment No. 2 to the Agreement
to Lease and Operate the Southeast Landfill with Allied Waste Systems, Inc., d/b/a Trinity
Waste Services, Known as City Secretary Contract No. 28336; and Authorize the Settlement and
Execution by the Appropriate Person of Related Documents for the Lawsuit between the City of
Fort Worth and Allied Waste Services, Inc., d/b/a Trinity Waste Services, Cause No. 153 231908
08.
Mr. Nicholas Stefkovich, 1212 Harrison Avenue, completed a speaker card in support of Mayor and
Council Communication No. C-24006, but did not wish to address the Council.
Mayor Moncrief expressed appreciation to Mr. Nicholas Stefkovich for his assistance in initiating the
negotiations on this agreement.
Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. C-24006 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
16.M&C C-24007 - Authorize the Transfer of$832,429.00 from the Water and Sewer Operating
Fund to the Sewer Capital Proiects Fund; Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Sewer Capital Proiects Fund from Available
Funds, for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and
Corrosion Control Improvements; and Authorize the City Manager to Execute Amendment No.
1 in the Amount of$812,429.00 to City Secretary Contract No. 38976 with Malcolm Pirnie, Inc.,
Thereby Increasing the Contract Amount to $1,766,712.00.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-24007 be approved and Appropriation
Ordinance No. 18983-12-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
17.M&C C-24008 - Authorize the City Manager to Authorize an Amendment to City Secretary
Contract No. 36003 to Allow the Fort Worth Convention and Visitors Bureau to Manage and
Supervise the Fort Worth Herd Program beginning January 1, 2010, and to Provide Payment of
$433,180.19 for these Additional Services for the Remainder of Fiscal Year 2010; and Adopt a
Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations
in the Culture and Tourism Fund in the Amount of $38,015.69 from Unaudited, Unreserved,
Undesignated Funds for the Payment of Additional Funds to Manage and Supervise the Fort
Worth Herd Program.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 28 of 30
(C-24008 Continued)
Mayor Moncrief expressed appreciation to Ms. Kristin Liggett, Fort Worth Herd Trail Boss, for her
assistance in helping the City take the next step regarding the management of the Fort Worth Herd
Program.
Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. C-24008 be approved and Appropriation
Ordinance No. 18984-12-2009 be adopted. The motion carried unanimously nine (9)
ayes to zero (0) nays.
18.M&C C-24009 - Authorize the City Manager to Execute a License Agreement with the Fort
Worth Independent School District for the Use of Designated Space at the Northside Communitv
Center Located at 1100 Northwest 18th Street, Fort Worth, Texas, 76106 and at Southside
Community Center Located at 959 East Rosedale, Fort Worth, Texas, 76104, for the Operation
of the Fort Worth Independent School District Adult Education Center.
Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
(Council Member Moss left his place at the dais.)
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. C-24009 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council
Member Moss.
(Council Member Moss returned to his place at the dais.)
19.M&C C-24010 - Authorize Payment in the Amount Up to $2,200,000.00 to the United States
Postal Service for Postage from December 16,2009, to December 15, 2010.
Council Member Scarth encouraged staff to engage citizens through the internet in an effort to reduce
postage costs.
Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-24010 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 15, 2009
PAGE 29 of 30
XV.CITIZEN PRESENTATIONS
1.Mr. Kyev Tatum, 1333 Magnolia Avenue, Community/City Relations
Mr. Kyev Tatum, 1333 Magnolia Avenue and Mr. Archie Tatum, 1333 Magnolia Avenue, appeared
before Council relative to the use of taser guns by the Police Department and the death of Mr. Michael
Jacobs, Jr. Both individuals expressed their concern and disappointment and that they had lost
confidence in the Chief of Police and Mayor Moncrief.
2.Mr. Joe Don Brandon, P. O. Box 1155, The T
Mayor Moncrief recognized Mr. Joe Don Brandon but Mr. Brandon was not present in the Council
Chamber at that time.
Mr. Berisha Kohanisho, 2400 Cypress Street, appeared before Council relative to the Presbyterian
Night Shelter (PNS) Health Program and requested the Council provide assistance to the homeless
in the City on healthcare related issues.
Mayor Moncrief advised that the Choir from Happy Hill Farm Academy would perform a song for the
Council and stated that Happy Hill Farm Academy served children, strengthened families, and gave
young lives a hopeful tomorrow.
XVL EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
It was the consensus of the City Council that they recess into Executive Session at 11:59 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 collective bargaining with the firefighter's union;
b)Legal issues concerning traffic accident at 3800 Columbus Trail;
c)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
DECEMBER 15, 2009
PAGE 30 of 30
(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 1:05 p.m. in memory of Council
Member Zimmerman's Mother-in-Law, Mrs. Mary Crowe; Officer John R. McCauley, a 27 year
veteran of the Fort Worth Police Department; and United States Air Force Veteran Mr. Joseph
Donavan, father of Officer Daniel Donavan, Fort Worth Police Department, and who served on Mayor
Moncrief's security detail.
These minutes approved by the Fort Worth City Council on the 12th day of January, 2010.
Attest: Approved:
ot, f V
Marty4lendrix Michael J. Monc
City Secretary Mayor