HomeMy WebLinkAbout2011/03/22-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
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 Prevent
Tom Higgins, Interim City Manager
Sarah Fullenwider, 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 10:37 a.m., on Tuesday, March 22, 2011, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
IL INVOCATION - Rabbi Ralph Mecklenburger, Bethel Congregati ®n
The invocation was provided by Rabbi Ralph Mecklenburger, Bethel Congregation.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 8, 2a11
Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the
minutes of the regular meeting of March 11, 2011, be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Interim City Manager Higgins requested that Mayor and Council Communication Nos. G- 17230,
G -17236 and G -17238 be withdrawn from the Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 2 of 39
'• . 1 1 " '•
Interim City Manager Higgins requested that Mayor and Council Communication Nos. G -17200 be
withdrawn from consideration and replaced with G -17200 (Revised), G -17236 be continued until the
April 5, 2011, Council Meeting and C -24768 be withdrawn from consideration and replaced with
C -24768 (Revised).
VII. CONSENT AGENDA
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes
to zero (0) nays.
A. General - Consent Items
1. M &C G -17228 - Authorize the Payment of $400,000.00 to Chad Gibson in Settlement of His
Claims for Damages.
The City Council approved the following recommendation: Authorize the Payment of $400,000.00 to
Chad Gibson in Settlement of His Claims for Damages; and Authorize the Appropriate City Personnel
to Execute any Release and Agreement Necessary to Complete the Settlement.
2. M &C G -17229 - Adopt Resolution Supporting the 2011 Low Income Housing Tax Credit
Application for the Esperanza Cove Senior Apartments Located at 2819 East Belknap and
Waiving the One Mile, Three Year Rule.
The City Council approved the following recommendation: Adopt Resolution No. 3973 -03 -2011
Supporting a Low Income Housing Tax Credit Application and Allowing the Construction of
Esperanza Cove Senior Apartments, Located at 2819 East Belknap and Waiving the One (1) Mile,
Three (3) Year Rule.
4. M &C G -17231 - Adopt Resolution Appointing a Chairperson for the Board of Directors of
Each of the City's Tax Increment Reinvestment Zones.
The City Council approved the following recommendation: Adopt Resolution No. 3974 -03 -2011
Appointing Chairpersons for the Board of Directors of All Tax Increment Reinvestment Zones (TIFs)
for Calendar Year 2011 as Follows:
(VII. CONSENT AGENDA Continued)
(G -17231 Continued)
TIF DISTRICT
2 (Speedway)
3 (Downtown)
4 (Southside)
6 (Riverfront)
7 (North Tarrant Parkway)
8 (Lancaster)
9 (Trinity River Vision)
10 (Lone Star)
11 (Southwest Parkway)
12 (East Berry Renaissance)
13 (Woodhaven)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 3 of 39
NAME
Sal Espino
Carter Burdette
Joel Burns
Frank Moss
Danny Scarth
Jungus Jordan
Danny Scarth
Sal Espino
Zim Zimmerman
Kathleen Hicks
Danny Scarth
5. M &C G -17232 - Adopt Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Special Trust Fund by $233,333.03 to Provide Funding for the City's
Energy Savings Performance Contract with Johnson Controls, Inc.
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
19589 -03 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the
Amount of $233,333.03, From Available Funds, for the Purpose of Providing Funding for the City's
Energy Savings Performance Contract With Johnson Controls, Inc.
6. M &C G -17233 - Authorize the Temporary Closure of Harley Avenue Between University
Drive and Rip Johnson Road from March 21, 2011 to May 27, 2011 to Facilitate the
Construction of Two Storm Drain Culverts.
The City Council approved the following recommendation: Authorize the Temporary Road Closure of
Harley Avenue Between University Drive and Rip Johnson Road From March 21, 2011, to
May 27, 2011, for the Construction of Two (2) Nine (9) Feet by Six (6) Feet Storm Drain Culverts.
7. M &C G -17234 - Approve Request of Downtown Fort Worth Initiatives, Inc., for Temporary
Street Closures from April 11, 2011, through April 18, 2011, to Accommodate the 2011 Main
Street Fort Worth Arts Festival.
The City Council approved the following recommendation: Approve the Request of Downtown Fort
Worth Initiatives, Inc., for Temporary Street Closures From April 11, 2011, Through April 18, 2011, to
Accommodate the 2011 Main Street Fort Worth Arts Festival.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 4 of 39
(VII. CONSENT AGENDA Continued)
8. M &C G -17235 - Adopt Resolution Authorizing Application for and Acceptance of a Grant, if
Awarded, from the Texas Water Development Board's Flood Protection Planning Grant
Program in the Amount Not to Exceed $98,950.00, Authorize Local Match in the Amount of
$98,950.00 from the Stormwater Utility Fund, Adopt Supplemental Appropriation Ordinance
Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the
Same Amount and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Adopt Resolution No. 3975 -03 -2011
Authorizing the City Engineer to Submit a Grant Application to the Texas Water Development Board
(TWDB) in an Amount Not to Exceed $98,950.00, for Grant Funds to Address Flood Protection
Planning Within the Upper Basin of Mary's Creek Watershed; Supporting the City's Application to the
TWDB for a Matching Grant for Storm Water Planning; and Authorizing the Mayor to Execute a
Contract With the TWDB; Adopt Supplemental Appropriation Ordinance No. 19590 -03 -2011
Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of
$98,950.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same
Amount for the Purpose of Transferring Said Funds to the Grants Fund for the Required One Hundred
Percent Match to the Total Amount of the Flood Protection Planning Grant From the TWDB;
Authorize the Transfer as Required From the Stormwater Utility Fund to the Grants Fund; and Adopt
Appropriation Ordinance No. 19591 -03 -2011 Increasing the Estimated Receipts and Appropriations in
the Grants Fund in the Amount of $197,900.00, Subject to Receipt of the Grant, for the Purpose of
Funding a Detailed Study of Stream MSC -2 on the West Side of Fort Worth.
10. M &C G -17237 - Authorize Payments to The Active Network in the Amount of $9,000.00 and
to the Fort Worth Park and Recreation Sports Advisory Council, Inc. in the Amount of
$26,500.00 for Revenue Share Commitments from Revenues Generated from Sponsorship Fees
from Coca -Cola Bottling Company and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Payment to The Active Network
in an Amount of $9,000.00; Authorize Payment of Revenue Share to Fort Worth Park and Recreation
Sports Advisory Council, Inc., in an Amount of $26,500.00; and Adopt Supplemental Appropriation
Ordinance No. 19592 -03 -2011 Increasing the Estimated Receipts and Appropriations in the General
Fund in the Amount of $35,500.00 From Available Funds, for the Purpose of Funding Revenue Share
Commitments From Revenues Generated From Sponsorship Fees From Coca -Cola Bottling Company.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11205 - Authorize Purchase Agreements with Municipal Water Works Supply, L.P.,
MSC Waterworks Company, Inc., and PIPING SYSTEMS, Inc., for Utility Supply Parts for the
Water Department for an Initial Amount of $250,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 5 of 39
(VII. CONSENT AGENDA Continued)
(P -11205 Continued)
The City Council approved the following recommendation: Authorize Purchase Agreements With
Municipal Water Works Supply, L.P., MSC Waterworks Company, Inc., and PIPING SYSTEMS, Inc.,
for Utility Supply Parts for the Water Department for an Initial Amount of $250,000.00.
2. M &C P -11206 - Authorize a Purchase Agreement with West Government Services Using a
Texas Multiple Award Schedule Contract for Web Access to Consolidated Lead Evaluation and
Reporting with Web Analytics for the Police Department for an Initial Amount of $84,888.00.
The City Council approved the following recommendation: Authorize a Purchase Agreement With
West Government Services Using a Texas Multiple Award Schedule Contract Number TXMAS -3-
520010 for Web Access to Consolidated Lead Evaluation and Reporting With Web Analytics for the
Police Department for an Initial Amount of $84,888.00.
3. M &C P -11207 - Authorize the Rejection of All Bids for Road Service Tire Repair and
Replacement and Authorize Issuance of a New Invitation to Bid.
The City Council approved the following recommendation: Authorize the Rejection of All Bids
Received for Road Service Tire Repair and Replacement and Authorize Issuance of a New Invitation
to Bid.
4. M &C P -11208 - Authorize a Purchase Agreement with Highway Technologies, Inc. for Traffic
Marking Material and Services for the Transportation and Public Works Department for an
Initial Amount of $528,000.00.
The City Council approved the following recommendation: Authorize a Purchase Agreement With
Highway Technologies, Inc., for Traffic Marking Material and Services for the Transportation and
Public Works Department for an Initial Amount of $528,000.00.
5. M &C P -11209 - Authorize Sole Source Purchase of Envirex Replacement Parts and
Equipment for the Water Department from Siemens Water Technologies for an Amount of
$52,262.00.
The City Council approved the following recommendation: Authorize a Sole Source Purchase of
Envirex Replacement Parts and Equipment From Siemens Water Technologies for the Water
Department for an Amount of $52,262.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 6 of 39
(VII. CONSENT AGENDA Continued)
6. M &C P -11210 - Authorize Purchase of a Backhoe Loader from RDO Equipment Company
Using a Texas Association of School Boards Cooperative Contract for the Water Department for
a Total of $94,468.00.
The City Council approved the following recommendation: Authorize the Purchase of a Backhoe
Loader From RDO Equipment Company Using Texas Association of School Boards Cooperative
Contract No. 345 -10 for the Water Department for a Total of $94,468.00.
7. M &C P -11211 - Authorize Purchase of a Backhoe Loader from HOLT TEXAS, LTD. d/b /a
HOLT CAT, Using a Texas Association of School Boards Cooperative Contract for the
Transportation and Public Works Department for a Total Amount of $126,757.00.
The City Council approved the following recommendation: Authorize the Purchase of a Backhoe
Loader From HOLT TEXAS, LTD., d /b /a HOLT CAT, Using the Texas Association of School Boards
Cooperative Contract Number 345 -10 for the Transportation and Public Works Department for a Total
Amount of $126,757.00.
8. M &C P -11212 - Authorize Purchase of Four Trailers from Interstate Trailers, Inc., Using a
Texas Association of School Boards Cooperative Contract for the Transportation and Public
Works and Water Departments for a Combined Total of $85,848.00.
The City Council approved the following recommendation: Authorize the Purchase of Four (4) Trailers
From Interstate Trailers, Inc., Using Texas Association of School Boards Cooperative Contract
Number 357 -10 for the Transportation and Public Works and Water Departments for a Combined
Total of $85,848.00.
9. M &C P -11213 - Authorize a Purchase Agreement with SecureWorks Inc., for Network
Infrastructure Monitoring and External Vulnerability Scan Assessment Subscription Services,
Using a General Services Administration Contract for the Information Technology Solutions
Department for an Initial Amount of $74,283.00.
The City Council approved the following recommendation: Authorize a Purchase Agreement With
Secureworks, Inc., for Network Infrastructure Monitoring and External Vulnerability Scan Assessment
Subscription Services, Using General Services Administration Contract Number GS- 35F- 0335V, for
the Information Technology Solutions Department for an Initial Amount of $74,283.00.
10. M &C P -11214 - Authorize a Sole Source Purchase of an AFIX Tracker Automated
Fingerprint and Palm Print Identification System from AFIX Technologies, Inc., for the Police
Department for a Total Amount of $64,190.00.
The City Council approved the following recommendation: Authorize a Sole Source Purchase of an
AFIX Tracker Automated Fingerprint and Palm Print Identification System From AFIX Technologies,
Inc., for the Police Department for a Total Amount of $64,190.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 7 of 39
(VII. CONSENT AGENDA Continued)
11. M &C P -11215 - Authorize Execution of an Agreement with Gresham, Smith and Partners
Using Grant Funds in the Annual Amount of $89,500.00 from the U. S. Department of Energy -
Energy Efficiency and Conservation Block Grant for the Design, Preparation and
Implementation of a Sustainability Education and Outreach Plan.
The City Council approved the following recommendation: Authorize the City Manager to Execute an
Agreement With Gresham, Smith and Partners Using Grant Funds in the Annual Amount of
$89,500.00 for the Design, Preparation and Implementation of a Sustainability Education and Outreach
Plan.
C. Land - Consent Items
1. M &C L -15154 - Authorize Purchase of a Fee Simple Interest in 0.002 Acres of Land for
Right -of -Way and a Temporary Easement Interest in 0.016 Acres for Construction, Located at
4021 East First Street from Mary Jean Fields for a Total of $500.00 and Pay the Estimated
Closing Costs of $1,000.00 for the Widening of East First Street.
The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple
Interest in 0.002 Acre for Right -of -Way, Excluding Minerals, and a Temporary Easement Interest in
0.016 Acre for Construction, Also Known as 4021 East First Street, Located at Lot 6, Block 1, G.W.
Gilmore Addition, Fort Worth, Texas, From Mary Jean Fields; Find That the Total Price of $500.00 is
Just Compensation for the Acquisitions; and Authorize the City Manager or His Designee to Accept
the Conveyances, Record the Appropriate Instruments and to Pay the Estimated Closing Costs Up to
$1,000.00.
2. M &C L -15155 - Authorize Purchase of a Fee Simple Interest in 0.030 Acres of Land for
Right -of -Way and a Temporary Easement Interest in 0.018 Acres for Construction, Located at
4024 East First Street from Fritz G. Gonzales and Mary H. Gonzales for a Total of $31,400.00
and Pay the Estimated Closing Costs of $4,000.00 for the Widening of East First Street.
The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple
Interest in 0.030 Acre for Right -of -Way, Excluding Minerals, and a Temporary Easement Interest in
0.018 Acre for Construction, Located at Lot D, Block 1, Baker's Subdivision, Also Known as 4024
East First Street, Fort Worth, Texas, From Fritz G. Gonzales and Mary H. Gonzales; Find That the
Total Price of $31,400.00 is Just Compensation for the Acquisitions; and Authorize the City Manager
or His Designee to Accept the Conveyances, Record the Appropriate Instruments and to Pay the
Estimated Closing Costs Up to $4,000.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 8 of 39
(VII. CONSENT AGENDA Continued)
3. M &C L -15156 - Authorize Purchase of a Fee Simple Interest in 0.121 Acres of Land for
Right -of -Way Located at 11815 Alta Vista Road from Dayton Bailey for a Total of $66,871.00
and Pay the Estimated Closing Costs of $4,000.00.
The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple
Interest in 0.121 Acre of Land for Right -of -Way Located at 11815 Alta Vista Road, Described as
Abstract No. 266, Tract 2H, Francisco Cuella Survey, Fort Worth, Texas, From Dayton Bailey; Find
That the Price of $17,100.00 Offered for the Purchase of the Right -Of -Way and $49,771.00 to Replace
the Improvements in the Right -of -Way is Just Compensation; and Authorize the City Manager or His
Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs
Up to $4,000.00.
D. Planning & Zoning - Consent Items
1. M &C PZ -2930 - Authorize the City Manager to Initiate Rezoning of Certain Properties
Generally Bounded by the East Freeway, Eastchase Parkway, Brentwood Stair Road and Aldra
Drive in Accordance with the Comprehensive Plan.
The City Council approved the following recommendation: Authorize the City Manager to Initiate
Certain Zoning Changes Generally Bounded by the East Freeway, Eastchase Parkway, Brentwood
Stair Road and Aldra Drive, From "G" Intensive Commercial and "I" Light Industrial to "G" Intensive
Commercial in Accordance With the Comprehensive Plan.
E. Award of Contract - Consent Items
1. M &C C -24783 - Authorize Professional Services Agreements for Audit Staffing with Larry
Robert Heath for the Office of City Auditor in the Total Amount of $87,076.00.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Professional Services Agreements for Audit Staffing With Larry Robert Heath for the Office of City
Auditor in the Total Amount of $87,076.00.
2. M &C C -24784 - Authorize Change Order No. 1 in the Amount of $44,309.77 to City Secretary
Contract No. 39529 with AUI Contractors, Inc. for the Installation of Sidewalks at Various
Locations Throughout the City.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 1 in the Amount of $44,309.77 to City Secretary Contract No. 39529 With AUI
Contractors, Inc., for the Installation of Sidewalks at Various Locations Throughout the City,
Increasing the Total Contract Amount to $733,688.77.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 9 of 39
(VII. CONSENT AGENDA Continued)
3. M &C C -24785 - Adopt Resolution Supporting the 2011 Low Income Housing Tax Credit
Application for Lakeside Village Homes in the Como Neighborhood and Waiving the One Mile,
Three Year Rule.
The City Council approved the following recommendation: Adopt Resolution No. 3976 -03 -2011
Supporting a 2011 Low Income Housing Tax Credit Application and Allowing the Construction of
Lakeside Village Homes in the Como Neighborhood and Waiving the One (1) Mile, Three (3) Year
Rule.
4. M &C C -24786 - Authorize Execution of a Contract with McClendon Construction Company,
Inc., in the Amount of $724,284.16 for Pavement Reconstruction and Water and Sanitary Sewer
Replacement on Arnold Court, Blevins Street, Clarence Street East and Clarence Street West
and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract With McClendon Construction Company, Inc., in the Amount of $724,284.16 for Pavement
Reconstruction and Water and Sanitary Sewer Replacement on Arnold Court, Blevins Street, Clarence
Street East and Clarence Street West; Authorize the Transfer of $392,949.20 From the Water and
Sewer Fund to the Water Capital Projects Fund in the Amount of $196,566.00 and Sewer Capital
Projects Fund in the Amount of $196,383.20; and Adopt Appropriation Ordinance No. 19593 -03 -2011
Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and the
Sewer Capital Projects Fund From Available Funds to Fund the Pavement Reconstruction and Water
and Sanitary Sewer Replacement.
5. M &C C -24787 - Authorize Execution of Change Order No. 3 in the Amount of $128,178.48 to
City Secretary Contract No. 39466 with McMahon Contracting, L.P., for Trinity Boulevard
Concrete Reconstruction - Restoration 2009 -4 thereby Revising the Total Contract Amount to
$1,579,683.48.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 3 in the Amount of $128,178.48 to City Secretary Contract No. 39466 With
McMahon Contracting, L.P., for Trinity Boulevard Concrete Reconstruction- Restoration
2009 -4, Thereby Revising the Total Contract Amount to $1,579,683.48.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 10 of 39
(VII. CONSENT AGENDA Continued)
6. M &C C -24788 - Authorize Execution of a Contract with Cutler Repaving, Inc., in the Amount
of $794,192.10 for Hot Mix Asphaltic Concrete Hot In -Place Recycling at Various Locations.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract With Cutler Repaving, Inc., in the Amount of $794,192.10 for 80 Calendar Days for Hot Mix
Asphaltic Concrete Hot In -Place Recycling at Various Locations on Crowley Road (James Avenue to
I -20 Freeway); Granbury Road (300 Feet From Trail Lake to 300 Feet From SW Loop 820); James
Avenue (West Beddell Street to SW Loop 820) and Las Vegas Trail (West Freeway SR EB to Camp
Bowie West Boulevard).
7. M &C C -24789 - Authorize the Execution of Change Order No. 1 in the Amount of $36,525.30
to City Secretary Contract No. 39169 with JLB Contracting, LLC, for Hot Mix Asphaltic
Concrete Surface Overlay 2009 -10 at Various Locations, thereby Increasing the Total Contract
Amount to $796,635.80.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 1 in the Amount of $36,525.30 to City Secretary Contract No. 39169 With JLB
Contracting, LLC, for Hot Mix Asphaltic Concrete Surface Overlay 2009 -10 at Various Locations,
Thereby Increasing the Total Contract Amount to $796,635.80.
8. M &C C -24790 - Authorize Execution of Amendment No. 3 in the Amount of $87,252.00 to
City Secretary Contract No. 38905 with Transystems Corporation Consultants for the Design of
North Beach Street from Timberland Boulevard to Keller -Hicks Road, thereby Resulting in a
Total Contract Cost of $666,914.00.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Amendment No. 3 in the Amount of $87,252.00 to City Secretary Contract No. 38905 With
Transystems Corporation Consultants for the Design of North Beach Street From Timberland
Boulevard to Keller -Hicks Road, Thereby Resulting in a Total Contract Cost of $666,914.00.
9. M &C C -24791 - Authorize Amendment No. 1 in the Amount of $43.00 to City Secretary
Contract No. 35581, a Local Project Advanced Funding Agreement with the Texas Department
of Transportation for Drainage Improvements at Various Locations in Fort Worth and Adopt
Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 11 of 39
(VII. CONSENT AGENDA Continued)
(C -24791 Continued)
The City Council approved the following recommendation: Authorize the City Manager to Execute
Amendment No. 1 With the Texas Department of Transportation in the Amount of $43.00 to City
Secretary Contract No. 35581 and Revise the City Participation Not -to- Exceed Amount From
$550,846.00 to $550,889.00; Authorize the Transfer of Funds From the Storm Water Capital Projects
2007 Revenue Bond Fund to the Grant Capital Projects Fund in the Amount of $43.00; and Adopt
Appropriation Ordinance No. 19594 -03 -2011 Increasing the Estimated Receipts and Appropriations in
the Grant Capital Projects Fund From Available Funds for the Purpose of Funding Drainage
Improvements at Various Locations.
10. M &C C -24792 - Authorize Execution of Lease No. DTFACN -II -L -00106 with the Federal
Aviation Administration to Install and Operate a Remote Arts Color Display in the Air Traffic
Control Tower at Fort Worth Spinks Airport.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Lease No. DTFACN -II -L -00106 With the Federal Aviation Administration to Install and Operate a
Remote Arts Color Display in the Air Traffic Control Tower at Fort Worth Spinks Airport.
11. M &C C -24793 - Authorize Renewal of a Sole Source Software Maintenance Agreement with
IBM Corporation for the Water Department's Maintenance Management System in the Amount
of $57,547.60.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Renewal Agreement for a Software Maintenance Contract With IBM Corporation, a Sole Source
Vendor, for the Water Department's Maintenance Management System in the Amount of $57,547.60;
and Authorize This Agreement to Begin on April 1, 2011, and Expire on March 31, 2012, With the
Option to Renew for Three (3) Subsequent Years.
12. M &C C -24794 - Authorize Execution of Amendment No. 4 in the Amount of $60,835.00 to
City Secretary Contract No. 28006 with Dannenbaum Engineering Corporation for Sanitary
Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and
Design from Hemphill Street to West Rendon Crowley Road, thereby Increasing the Contract
Amount to $1,320,766.28.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Amendment No. 4 in the Amount of $60,835.00 to City Secretary Contract No. 28006 With
Dannenbaum Engineering Corporation for Sanitary Sewer Main 257 and 325 Middle and Upper
Village Creek Parallel Relief Alignment Study and Design From Hemphill Street to West Rendon
Crowley Road, Thereby Increasing the Contract Amount to $1,320,766.28 (Project No. 01333).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 12 of 39
(VII. CONSENT AGENDA Continued)
13. M &C C -24795 - Authorize Execution of an Engineering Agreement in the Amount of
$213,202.00 with Stream Water Group, Inc., for Sanitary Sewer Rehabilitation Contract 76,
Biddison Street and Five Alleyways and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Execute an
Engineering Agreement in the Amount of $213,202.00 With Stream Water Group, Inc., for Sanitary
Sewer Rehabilitation Contract 76; Authorize the Transfer of $237,202.00 From the Water and Sewer
Fund to the Sewer Capital Projects Fund; and Adopt Appropriation Ordinance No. 19595 -03 -2011
Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund From
Available Funds for the Purpose of Funding the Contract.
14. M &C C -24796 - Authorize Execution of a Construction Contract in the Amount of
$793,003.85 with Raydon, Inc. for Parking Lot and Athletic Field Improvements at Rolling Hills
Soccer Complex.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Contract With Raydon, Inc., in the Amount of $793,003.85 for Parking Lot and Athletic Field
Improvements at Rolling Hills Soccer Complex.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. * *OCS -1806 - Notice of Claims for Alleged Damages and /or Injuries.
End of Consent Agenda.
A. General — (Removed from Consent for Individual Consideration)
3. M &C G -17230 - Adopt Resolution Supporting the 2011 Low Income Housing Tax Credit
Application for Pilgrim Valley Manor Apartments at 1701 E. Robert Street and Waiving the
One Mile, Three Year Rule.
The recommendation was that the City Council Adopt a Resolution Supporting a Low Income Housing
Tax Credit Application and Allowing the Rehabilitation of the Pilgrim Valley Manor Apartments,
Located at 1701 E. Robert Street and Waiving the One (1) Mile, Three (3) Year Rule.
Council Member Hicks expressed appreciation to the developer of Pilgrim Valley Manor Apartments
and stated the developer was committed to providing quality and affordable housing. She further stated
that the residents in the community were very excited about these apartments and revitalization of the
area. She also expressed appreciation to Mr. Jay Chapa, Director and Ms. Cynthia Garcia, Assistant
Director, Housing and Economic Development Department, for their hard work and support of this
proj ect.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 13 of 39
(G -17230 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17230 be approved with appreciation to the
Housing and Economic Development Department staff and Resolution No. 3977 -03 -2011
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
9. M &C G -17236 - Authorize Temporary Closure of Stonegate Boulevard between South Hulen
Street and Oak Hill Circle from March 23, 2011 to April 2, 2011 for the Installation of a 42 -Inch
Water Main as Part of the State Highway 121 Relocation.
It was the consensus of the Mayor and Council Communication No. G -17236 be continued until the
April 5, 2011, Council meeting.
11. M &C G -17238 - Adopt Ordinance Appointing Claudia Alvarez Martinez as a Municipal
Judge for the Unexpired Portion of a Two -Year Term Commencing March 28, 2011 and Ending
March 31, 2012 to Fill a Newly Created Twelfth Full -Time Municipal Judge Position
The recommendation was that the City Council Adopt an Ordinance Appointing Claudia Alvarez
Martinez as Municipal Judge for the Unexpired Portion of a Two (2) Year Term Commencing
March 28, 2011, and Ending March 31, 2012, or Until a Successor is Qualified and Appointed in
Accordance With State Law to Fill the Newly Created Twelfth Full -Time Municipal Judge Position.
Council Member Burdette recognized Ms. Claudia Alvarez Martinez and her parents in the audience
and welcomed her as a newly appointed Municipal Court Judge for the City. He expressed appreciation
to Judge Martinez for her willingness to serve the community.
Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor
and Council Communication No. G -17238 be approved and Ordinance No. 19596 -03 -2011
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation to His Excellency Daniel Ohene Agyekum - Ambassador of Ghana to the United
States.
Mayor Moncrief presented His Excellency Daniel Ohene Agyekum, Ambassador of Ghana to the
United States, with a key to the City and a Molly pin. He advised that the Ambassador was traveling
around Texas discussing ways to increase the agricultural and cattle industries in Ghana. He further
advised that Ghana was becoming progressive in developing their country and had set up successful
programs with other states around the country. He pointed out that the State of Arkansas was helping
Ghana improve their rice industry which in turn was boosting their imported and exported goods.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 14 of 39
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #1 Continued)
Ambassador Agyekum introduced members of his delegation and presented Mayor Moncrief with a
book, which he advised represented the great work that the United States and Ghana had accomplished
together. He reiterated the importance of all countries, large and small, working together especially
during tough economic times. He stated that Ghana needed to draw on the City's experience in oil and
gas recovery and better understand how the City had succeeded over the years in using their natural
resources. He pointed out that the delegation was excited to continue communicating with the
Chamber of Commerce and expressed appreciation to the Mayor and Council Members for the warm
welcome.
Council Member Hicks advised that she had visited Ghana twice through the Sister Cities Program and
advised the country was beautiful and added that she wore her West African clothing today in
celebration of the Ambassador's visit.
:: 1
Council Member Espino presented the Proclamation for Billy Bob's Texas Day to Mr. Billy Minick,
CEO, and Mrs. Pam Minick, Marketing Director, Billy Bob's Texas. He stated that Billy Bob's Texas
was originally built in 1910 as a cattle barn in the Historic Stockyards and remained an invaluable
landmark and attraction for residents and visitors from around the world. He advised that Billy Bob's,
which opened on April 1, 1981, was known internationally as the World's Largest Honky -Tonk and
continued to play an important role in protecting and preserving the City's economy and western
heritage. He stated that over the past 30 years, Billy Bob's success had a positive impact on the local
economy. He pointed out that Billy Bob's had entertained more than 17 million visitors and hosted
tens of thousands of musicians, including the greatest names in country music and classic rock, and
added that the venue had more than 46,000 bulls bucked in its arena. He added that on their 30th
anniversary, the City honored Billy Bob's Texas for their exceptional contributions to the quality of life
for the residents of Fort Worth through its generous support of numerous civic and charitable causes.
Mr. and Mrs. Minick expressed appreciation to the Mayor and Council Members for the Proclamation
and stated their involvement over the years with the community and the City made the venue a success.
They also introduced Mr. Concho Minick, President, Billy Bob's Texas, and stated they were excited
about his new leadership role in the company.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 15 of 39
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Council Member Hicks announced that Council Member Burns' younger brother, Cody Allen Burns,
passed away on March 12, 2011, due to injuries sustained from an automobile accident and requested
everyone keep his family in their thoughts and prayers. She also announced that Ms. Paula Baker, a
retired educator and leader in the community passed away on March 12, 2011, and requested everyone
also keep Ms. Baker's family in their thoughts and prayers. She advised that she toured the new Allen
Foods facility, now located in the former Ranch Style Beans building. She stated the company, based
in Arkansas, was doing well and had reported no issues with crime in the area. She stated the company
expressed appreciation to the Police and Fire Departments for their presence in the area. She also
announced a Community Policing Forum would be held on March 22, 2011, at 7:00 p.m., at Trimble
Technical High School, located at 1003 West Cannon Street. She advised that the forum would
highlight the latest projects and programs from the Police Department and offered community groups
and residents a chance to provide feedback to department leaders. She also announced that the Open
House and Ribbon Cutting Ceremony for the Polytechnic Heights Neighborhood Police Center would
be held on March 23, 2011, at 10:00 a.m., at 1100 Nashville Avenue. She further announced a
dedication ceremony would be held on March 26, 2011, from 11:00 a.m. to 12:00 p.m., at 221 West
Lancaster Avenue, for the Freedom Train, a public art piece in District 9 commemorating the African
American railway experience and highlighting the career of the late Representative Garfield
Thompson.
Council Member Burdette announced that longtime District 7 Neighborhood Police Officer Teri
Majors would be retiring from the Police Department. He expressed appreciation to Officer Majors for
her service to District 7.
Council Member Jordan recognized Boy Scout Seth Pierce and his father Ivory Pierce, Fort Worth
Police Officer and former member of the United States Marine Corps, in the audience. He advised that
the Seth was working on his Political Awareness Badge and advised that he was very close to
becoming an Eagle Scout. He congratulated Seth on his achievements and wished him good luck in
scouting. He also stated that as the Chair of the Audit and Finance Committee, he would like to express
appreciation to Interim City Manager Higgins and the Financial Management Services Department for
providing the finalized Comprehensive Annual Financial Report (CAFR). He stated that the City was
on track with fiscal accountability.
Council Member Moss announced that an informational meeting would be held relative to the
proposed Council initiated Masonic Home area rezoning on March 24, 2011, at 6:30 p.m., at Beth
Eden Baptist Church, located at 3208 Wilbarger Street, and encouraged everyone to attend the
meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 16 of 39
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued)
Council Member Burns announced that he would be unable to attend the March 22, 2011, Community
Policing Forum at Trimble Technical High School but was looking forward to hearing about the
productive discussions. He advised that he would also be attending the Open House and Ribbon
Cutting Ceremony for the Polytechnic Heights Neighborhood Police Center on March 23, 2011. He
announced that the United States Postal Service would present the Latino Music Legends
Commemorative Stamp Collection at the Fort Worth Library Seminary South Branch on
March 26, 2011, at 12:00 p.m., located at 501 East Bolt Street. He also expressed appreciation to
District 7 Neighborhood Police Officer Teri Majors, who was retiring from the Police Department, for
her service to both Districts 7 and 9. He also expressed appreciation to everyone who attended his
brother Cody's funeral service and to everyone who had sent condolences. He stated his brother's
death was a tragedy and Cody would be missed dearly. He encouraged everyone to wear their seatbelt
anytime they were in a vehicle.
Mayor Moncrief expressed his condolences to Council Member Burns and his family and requested the
Council meeting be adjourned in memory of Cody Allen Burns. He also announced that he and Otis
Thornton, Homelessness Program Coordinator, had the opportunity to witness students from Texas
Christian University spending their Spring Break taking care of the homeless community and pointed
out that people were not homeless by choice but by circumstance. He stated that the volunteers brought
blankets, bottled water, bus passes and hygiene products to homeless in the area.
XI. PRESENTATIONS BY THE CITY COUNCIL
There were no Presentations by the City Council.
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There were no presentations and /or communications from boards, commissions and /or City Council
committees.
XIIL RESOLUTIONS
1. A Resolution Amending the Rul es of Procedures of the City ci t o ity of Fort Wo rt ,
Texas _(Continued from March �, 2011j.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 17 of 39
(XIII. RESOLUTIONS - #1 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 18 of 39
XIV. REPORT OF THE CITY MANAGER
B. General
Amements with Outside Businesses Boat Stickers Required
Under this Ordinance (Continued from a Previous Meeting).
It was the consensus of the Council that Mayor and Council Communication No. G -17200 be
Withdrawn From Consideration.
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The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of
Fort Worth (1986), as Amended, by the Amendment of Chapter 18, "Lake Worth" Article I, "In
General ", Section 18 -4, "Lake Worth Use Fees" to Now be "Boat Ramp Use Fees" Section 18 -5 "Lake
Use Fee Permit" to be Repealed and Reserved; Providing That This Ordinance is Cumulative;
Providing a Severability Clause; Providing a Fine of Up to $500.00 for Each Offense in Violation of
the Ordinance; and Authorize the City Manager to Execute Agreements With Outside Businesses and
Entities for the Selling of Boat Stickers Required Under This Ordinance.
Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that
Mayor and Council Communication No. G -17200 (Revised) be approved and Ordinance
No. 19597 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
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Department. Information Technology Solutions
The recommendation was that the City Council Authorize the City Manager to Increase the Dollar Cap
for the Existing Professional Services Agreements for Technology Staffing and Placement Services
With Digital Intelligence Systems Corporation, Matrix Resources, Inc., and Sentari Technologies, Inc.,
by $1,482,000.00 for the Information Technology Solutions Department.
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor
and Council Communication No. G -17239 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 19 of 39
c
Information Technology Solutions c
Department.
The recommendation was that the City Council Authorize the City Manager to Increase the Dollar Cap
for the Existing Services Agreements for Technology Staffing and Placement Services With
TEKsystems Inc., by $287,000.00 for the Information Technology Solutions Department.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and
Council Communication No. G -17240 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
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The recommendation was that the City Council Approve the Applications for Multiple Property
Owners for Partial Approval of the Historic Site Tax Exemption for 1405 Fairmount Avenue, 1941
Hurley Avenue, 2223 Harrison Avenue, 1704 Alston Avenue, 2251 College Avenue, 1951 College
Avenue and 2000 Alston Avenue.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17241 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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Avenue Avenue.
The recommendation was that the City Council Approve the Applications From Multiple Property
Owners for Verification of the Historic Site Tax Exemption for 2221 6th Avenue, 1409 South
Henderson Street, 1014 West Arlington Avenue, 2100 Hemphill Street, 1704 Alston Avenue and 2251
College Avenue.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17242 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 20 of 39
........
General Fund Balance.
1
The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of
$199,953.84 and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the
Same Amount, for the Purpose of Paying Concho Development I, L.P., for Services Approved by
Mayor and Council Communication No. C -23527 and Performed Under City Secretary Contract No.
38618 Related to the Use of the Post Office as a Future City Hall.
Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication No. G -17243 be approved and Supplemental Appropriation
Ordinance No. 19598 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
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The recommendation was that the City Council Adopt a Resolution to Notify the Board of Trustees of
the Employees' Retirement Fund of the City of Fort Worth That the Fort Worth City Council Intends to
Consider and Vote on Amendments to the Retirement Ordinance That Would Reduce Benefits at the
City Council Meeting on or After June 21, 2011, That Would Permit All Members of the Fund Hired
Prior to July 1, 2011, and Those Currently Receiving Benefits Under the Retirement Ordinance the
Option of Selecting a New Cost of Living Adjustment.
Council Member Jordan stated that this was an extremely serious item and stated that this item ensured
both the efficient use of the tax payer dollars and the continuation of recruiting and retaining top
quality employees. He stated this Resolution notified the Board of Trustees of the Employees'
Retirement Fund of the City Council's intent to consider benefit reductions.
Council Member Jordan requested that City Secretary Hendrix also read Mayor and Council
Communication No. G -17245 into the record at this time.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 21 of 39
The recommendation was that the City Council Adopt an Ordinance Amending Chapter 2, Article VI,
Division 1 of the City Code, Entitled "Employees Retirement Fund," of the Code of the City of Fort
Worth (1986), as Amended, Amending Section 2 -201 to Add the Term Fire Fighter; Amending the
Following Sections for Employees Hired on or After July 1, 2011, Who Are Not Police Officers or
Fire Fighters; Section 2 -206 to Change the Requirements for Normal Retirement and Vested
Retirement Dates; Section 2 -207 to Change the Compensation Base and Implement an Overtime Cash
Balance Account; Section 2 -210 to Change the Multiplier for Standard Pension Benefits and to
Eliminate the Cost of Living Adjustment Upon Retirement; Section 2 -211 to Change the Multiplier for
Disability Pension; and Section 2 -212 to Create an Actuarially Neutral Survivor Benefit.
Ms. Laetitia Brown, Senior Assistant City Attorney, made the following recommended amendments to
the City Council:
• Page 2, Section 2, Section 2- 206(a)(3) should be amended to read, "A vested member" instead
of a "A vested police officer or a fire fighter."
• Section 3, pages 5 & 6, Section 2- 207(c)(2), lines 5 and 8 should be amended to read "five (5)"
instead of "three (3)."
• Section 4, page 7, Section 2- 210(a)(1(a)(ii)(1), line 1 should be amended to read "hired on or
after July 1, 2011" instead of "hired prior to July 1, 2011." Section 2-2 1 0(a)(1)(ii)(2), lines 9
and 10 should be amended to read, "two and fifty one - hundredths percent (2.50 %)" instead of
"two and seventy -five one - hundredths percent (2.75 %)"
• Section 6, page 12, Section 2- 211(d)(2)(b), line 10, should be amended to read "two and
twenty -five one - hundredths (2.25) percent" instead of "two and fifty one - hundredths (2.50)
percent. " Line 13 should be amended to read "two and fifty one - hundredths (2.50) percent"
instead of "two and seventy -five one - hundredths (2.75) percent."
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 22 of 39
(G -17245 Continued)
• Section 6, pages 12 and 13, Section 2- 211(e)(2)(b), Page 12, Section 6, Section 2- 211(e)
• the second number (1) should be changed to the number (2);
• the title should read, "For Members Hired On or After July 1, 2011, Who are Not
Police Officers or Fire Fighters: ";
• Section (a) should be amended to read "member hired on or after July 1, 2011 ";
• Section (b), line 8 should be amended to read, "two and twenty -five one hundredths
(2.25) percent" instead of "two and fifty one - hundredths (2.50) percent." Line 11
should be amended to read, "two and fifty one - hundredths (2.50) percent" instead of
"two and seventy -five one - hundredths (2.75) percent. "
• Insert Section 2 -208 to change the multiplier for early retirement to "two and twenty -five one -
hundredths percent (2.25 %)" instead of two and seventy -five one - hundredth (2.75 %) and
normal retirement to "two and fifty one - hundredths percent (2.5 %) instead of three percent
(3%).
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G -17244 be approved and Resolution No. 3980 -03 -2011
be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor
and Council Communication No. G -17245 be approved as amended and to include the Five
(5) Step Action Plan presented in the Pre - Council meeting as part of the Action Plan
moving forward and tasking the City Manager on the Ad Hoc Cost of Living Adjustment
(COLA) actions to define needed changes and hold an employee election and Ordinance
No. 19599 -03 -2011 be adopted.
Council Member Burdette stated that this retirement program was the biggest issue this Council had
seen in a very long time. He further stated that retirement programs across the country were facing the
same issues. He advised that the City's guaranteed benefit program had been in effect for a long time
and it guaranteed a certain payment to the retirees. He further advised that if monies were not available
then the burden would fall upon the tax payer to fund the program and pointed out that this type of
program was no longer sustainable. He stated that former City Manager Fisseler recommended moving
toward a defined contribution plan but that this Council would not pursue that recommendation. He
stated he would not support this item as he did not feel the plan was aggressive enough to make a
difference.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 23 of 39
(G -17245 Continued)
Mayor Moncrief stated that the former Council Members and City Managers developed this plan based
on democracy. He advised that the Council respected Council Member Burdette's philosophy and
opinion and there were many different ways to attempt to solve this issue, some were faster and more
aggressive than others, but the bottom line was that the Ad Hoc COLA continued to be a problem and
the issue must be addressed in a timely fashion. He also agreed that the Five (5) Step Action Plan
should be considered the blue print as the Council Members and staff moved forward.
Council Member Hicks advised that the City was moving toward a three (3) tier system, as the City
had several different employee groups. She stated that it was imperative that everyone was getting
what they deserved and added she was incredibly concerned that the benefits were uneven. She advised
that she would support this item but requested that staff work with each Council Member as they
looked at this issue to ensure that everyone was on the same page.
Mayor Moncrief reiterated that as the Council moved forward and made recommendations regarding
the Ad Hoc COLA issue, the employees would have to vote to make the final decisions.
Mayor Pro tem Scarth reiterated that no changes were being made to the benefits of employees who
had already retired from the City and these changes only affected employees hired on or after
July 1, 2011.
Council Member Espino expressed appreciation to the Council Members, City staff and employee
groups for their hard work and support of this process and reminded everyone that this plan still
allowed for employees to contribute more money to the retirement fund.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 24 of 39
11. M&C G-17247 Certification of Presbyterian Night S e ter's
Application for Emergency Solutions Grants Programs 2011 Funds from the Texas Department
HousinLand Comm _ A airs.
Council Member Hicks advised she would recuse from voting on this matter as she served on the
Board of the Presbyterian Night Shelter.
The recommendation was that the City Council Ratify Approval and Certification of Presbyterian
Night Shelter's Application for Emergency Solutions Grants Program 2011 Funds From the Texas
Department of Housing and Community Affairs.
Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17247 be approved. The motion carried
unanimously eight (8) ayes, to zero (0) nays, with one (1) recusal by Council Member
Hicks.
Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard
a. ReDort
Ms. Kate Beck, Development Services Administrator, Planning and Development Department,
appeared before Council and provided a staff report.
b. Citizen Presentations
Council Member Jordan requested clarification regarding the portion of the building that was being
used for the calculation of the transportation impact fees, if the number of children correlated with the
proposed transportation impact fees and if payment options had been discussed with the GPS Destiny
Daycare.
Ms. Beck clarified that the transportation impact fee was being imposed by ordinance relative to the
new expansion. She further clarified that traffic studies conducted by the state provided the resulting
traffic impact as it correlated to an estimated number of trips per child. She also advised that Ms.
Willis had been offered a payment plan but the offer was declined.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 25 of 39
(G -17248 Continued)
Ms. Mary K. Willis, 6138 Westcreek Drive, completed a speaker card in opposition to Mayor and
Council Communication No. G -17248 and relative to the transportation impact fees being assessed on
the expansion space for her already existing building. She stated that this was an existing business and
should be grandfathered under the ordinance.
Council Member Jordan questioned whether the daycare was certified by the State of Texas and how
many children would be accommodated with the expansion.
Ms. Willis clarified that the business was licensed by the State for 64 children and she would have to
apply for another license for the additional 30 children that the expansion would allow.
Council Member Jordan requested clarification from Ms. Beck on building permits overlapping the
state licenses.
Ms. Beck clarified that there was no overlap with the state license and added that approximately 5,000
to 6,000 permits had been issued under the ordinance since it went into effect in July 2008.
Mayor Moncrief, Mayor Pro tem Scarth and Council Members Burdette, Moss and Espino
sympathized with Ms. Willis' situation and stated that the additional students would impact
transportation and increase traffic in the area of the daycare. They stated this was a difficult decision
but the main responsibility of the transportation impact fees was to offset usage of the City roads as a
result of the business. They stated that the fee was only assessed on the new expansion building and
stated the City should abide by the ordinance in place.
Council Member Moss clarified that the impact fee would still be assessed if a new business moved
into the location in question.
Council Member Espino expressed concern over the cost of doing business in the City. He stated that
as the Council moved forward they may need to review the transportation impact fee requirements as
well as the credits that could be applied to a business.
c. Council Action
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that the public
hearing be closed and that Mayor and Council Communication No. G -17248 be approved.
The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 26 of 39
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International Fuel Gas Code and International Conservation Code apo..A�t p
Corresponding Amendment
The recommendation was that the City Council Adopt and Amend the 2009 Editions of the
International Building Code, International Residential Code, International Mechanical Code,
International Plumbing Code, International Fuel Gas Code and International Energy Conservation
Code and Adopt a Corresponding Amendment to the Minimum Building Standards Code as Follows:
1. An Ordinance Amending the Fort Worth Building Code, by Adopting the 2009 International
Building Code, With Local Amendments; Amending Sections 7 -46, 7 -47, 7 -48, and 7 -49 of the Code
of the City of Fort Worth (1986); Regulating the Erection, Construction, Enlargement, Alteration,
Repair, Moving, Removal, Demolition, Conversion, Occupancy, Equipment, Design, Quality of
Materials, Use, Height, Area, Rehabilitation and Maintenance of Buildings and Structures in the City
of Fort Worth; Defining Certain Terms; Providing for the Issuance of Permits and the Collection of
Fees Thereof, Providing for the Inspection of Buildings; Providing for a Severability Clause; and
Providing for a Penalty Clause.
2. An Ordinance Amending The Fort Worth Residential Code, by Adopting the 2009 International
Residential Code, With Local Amendments; Amending Sections 7 -61, 7 -62, 7 -63 and 7 -64 of the Code
of the City of Fort Worth (1986); Regulating the Erection, Construction, Enlargement, Alteration,
Repair, Moving, Removal, Demolition, Conversion, Occupancy, Equipment, Design, Quality of
Materials, Use, Height, Area and Maintenance of Residential (Detached One (1) and Two (2) Family,
and Townhome) Buildings and Structures in the City of Fort Worth; Defining Certain Terms;
Providing for the Issuance of Permits and the Collection of Fees Thereof, Providing for the Inspection
Buildings; Providing for a Severability Clause; and Providing for a Penalty Clause.
3. An Ordinance Amending The Fort Worth Mechanical Code, by Adopting the 2009 International
Mechanical Code, With Local Amendments; Amending Sections 7 -166, 7 -167, 7 -168 and 7 -169 of the
Code of the City of Fort Worth (1986); Regulating the Erection, Construction, Enlargement,
Alteration, Repair, Moving, Removal, Demolition, Conversion, Equipment, Design, Quality of
Materials, Use and Maintenance of Heating, Comfort Cooling and Ventilating Systems in the City of
Fort Worth, Texas; Defining Certain Terms; Establishing Minimum Requirements for the Installation,
Alteration or Repair of Mechanical Systems; Providing for the Issuance of Permits and the Collection
of Fees Thereof, Providing for the Inspection of Such Systems; Providing for a Severability Clause;
and Providing for a Penalty Clause.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 27 of 39
(G -17249 Continued)
4. An Ordinance Amending The Fort Worth Plumbing Code, by Adopting the 2009 International
Plumbing Code and the 2009 International Fuel Gas Code, With Local Amendments; Amending
Sections 26 -1, 26 -2, 26 -3 and 26 -4 of the Code of the City of Fort Worth (1986); Regulating the
Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Demolition, Conversion,
Equipment, Use and Maintenance of Plumbing, Drainage and Fuel Gas Systems for Buildings and
Structures in the City of Fort Worth, and Plumbing and Drainage Systems Outside This Jurisdiction if
the Same are Connected to the City Water or Sewage Systems; Defining Certain Terms; Establishing
Minimum Requirements for the Installation, Alteration or Repair of Plumbing, Drainage and Fuel Gas
Systems; Providing for the Issuance of Permits and the Collection of Fees Thereof, Providing for the
Inspection of Plumbing, Drainage and Fuel Gas Systems; Providing for a Severability Clause; and
Providing for a Penalty Clause.
5. An Ordinance Amending the Fort Worth Energy Code, by Adopting the 2009 International Energy
Conservation Code, With Local Amendments; Amending Sections 7 -41, 7 -42, 7 -43 and 7 -44 of the
Code of the City of Fort Worth (1986); Regulating the Effective Use of Energy as Associated With the
Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Demolition, Conversion,
Occupancy, Equipment, Use, and Maintenance of Buildings and Structures in the City of Fort Worth;
Defining Certain Terms; Providing for the Inspection of Buildings; Providing for a Severability
Clause; Providing for a Savings Clause; Providing for a Penalty Clause.
6. An Ordinance Amending the Code of the City of Fort Worth (1986), as Amended, by the
Amendment of Chapter 7, "Buildings ", Article IV, "Minimum Building Standards Code ", Division 3
"Minimum Standards for Buildings and Structures" by Deleting and Replacing Section 7 -87(m)
"Access, Means of Egress and Emergency Escape "; by Deleting and Replacing Section 7 -91(f)
"Smoke Detectors "; by Adding a New Section 7 -91(g) "Rented or Leased Residential Properties ";
Providing That This Ordinance is Cumulative; Providing a Severability Clause; Providing a Savings
Clause.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and
Council Communication No. G -17249 be approved and Ordinance Nos. 19601 -03 -2011,
19602 -03 -2011, 19603 -03 -2011, 19604 -03 -2011, 19605 -03 -2011 and 19606 -03 -2011. The
motion carried unanimously nine (9) ayes to zero (0) nays.
14. MSC G -17250 - Adoration of the 2009 International Fire Code with Local Amendments.
The recommendation was that the City Council Adopt an Ordinance Amending the Fort Worth Fire
Code, City Code Chapter 13, by Adopting the 2009 International Fire Code, With Local Amendments;
Providing for the Issuance of Permits and the Collection of Fees Thereof, Providing for the Inspection
of Buildings; and Providing Penalties for the Violation Thereof.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 28 of 39
(G -17250 Continued)
Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. G -17250 be approved and Ordinance
No. 19607 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
C. Purchase of Equipment, Materials, and Services
1. MSC P -11216 - Authorize Execution of a Professional Services Agreement with Citibank for
the City's Sec ritieS e 1 r ra .
The recommendation was that the City Council Authorize the City Manager to Execute an Agreement
With Citibank to Manage the City's Collateralized Securities Lending Program.
Council Members Jordan, Burns and Hicks disclosed personal banking relationships with Citibank and
advised there was no conflict of interest.
Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor
and Council Communication No. P -11216 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
D. Land
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Drive. Known as Creekside Park Located at 3100 Roddy
The recommendation was that the City Council Approve the Acceptance of a Lease Agreement With
Chesapeake Exploration, LLC, in the Amount of $57,230.51 for Natural Gas Drilling Under 16.231
Acres More or Less of City -Owned Properties Known as Creekside Park, Located at 3100 Roddy
Drive, for a Two (2) Year Primary Term.
Council Member Jordan advised he had filed Conflict of Interest Affidavits with the City Secretary's
Office and would abstain from voting on Mayor and Council Communication Nos. L- 15157, L -15158
and L- 15159.
Mayor Pro tem Scarth requested that Mayor and Council Communication Nos. L- 15157, L -15158 and
L -15159 be considered under one (1) motion.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 29 of 39
Known as Lincolnshire Park Located at 1425 Horucastle Street.
The recommendation was that the City Council Approve the Acceptance of a Lease Agreement With
Chesapeake Exploration, LLC, in the Amount of $23,201.08 for Natural Gas Drilling Under 6.58
Acres More or Less of City -Owned Properties Known as Lincolnshire Park, Located at 1425
Horncastle Street for a Two (2) Year Primary Term.
3. MSC L -15159 - Authorize Lease Amement with Chesapeake Exploration, LLC, in the
Amount of $30,595.1 for Natural Gas Drilling Under 8.677 Acres of Cit y -Owned Pro erties
Known as Willowcreek Park Located at 1285 Svcamore School Road.
The recommendation was that the City Council Approve the Acceptance of a Lease Agreement With
Chesapeake Exploration, LLC, in the Amount of $30,595.10 for Natural Gas Drilling Under 8.677
Acres More or Less of City -Owned Properties Known as Willowcreek Park, Located at 1285
Sycamore School Road for a Two (2) Year Primary Term.
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor
and Council Communication Nos. L- 15157, L -15158 and L -15159 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by
Council Member Jordan.
4. M&C L-15160 - Authorize Sae of Fiftv-Nine Tax-Foreclosed Pr erties in Accordance with
Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Pror�erty
Tax Code for a Total of $113,051. 3
The recommendation was that the City Council Authorize the Sale of 59 Tax - Foreclosed Properties in
Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the
Texas Property Tax Code for $113,051.03; and Authorize the City Manager, or His Designee, to
Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in
Compliance With the Bid Form Specifications to Complete the Sale.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. L -15160 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 30 of 39
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The recommendation was that the City Council Authorize the Execution of a Temporary Access
Agreement With Texas Midstream Gas Services, L.L.C., in the Amount of $96,444.00 for Temporary
Workspace and Allow Ingress and Egress Access on a Portion of the Surface of Jefferson Davis Park.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. L -15161 be approved. The motion carried unanimously nine
(9) ayes to zero (0) nays.
F. Award of Contract
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Appropriation Ordinance (Continued from a Previous Meet
It was the consensus of the Council that Mayor and Council Communication No. C -24768 be
withdrawn from consideration.
Adopt Appropriation Ordinance.
The recommendation was that the City Council Authorize the City Manager to Execute a Contract
With Jet Underground Utilities, Inc., in the Amount of $593,747.75 for 150 Calendar Days for
Concrete Restoration 2011 -10 at Three (3) Locations: Bellaire Drive South, From Bellaire Ranch Road
to Middlewood Drive; Chapel Creek Boulevard, From Interstate Highway 30 to Camp Bowie West
Boulevard and McCart Avenue From West Cleburne Road to Sycamore School Road; and Authorize
the Transfer From the Contract Street Maintenance Fund to the General Fund; and Adopt an
Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund
From Available Funds to Fund the Contract.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24768 (Revised) be approved and Appropriation
Ordinance No. 19608 -03 -2011 be adopted. The motion carried unanimously nine (9) ayes
to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 31 of 39
.... ......................
for a One-lime License Fee,.of.$9,911.00.
The recommendation was that the City Council Authorize the City Manager to Execute a Public Right-
of-Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a
Natural Gas Gathering Pipeline Across Beach Street, North of Ludelle Street and Across Conner
Avenue, North of Ludelle Street, for a One (1) Time License Fee of $9,911.00.
Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24797 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
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Natural Gas Gathering Pipeline Across Cleburne Road, Along Risinger Road and Across
Cunnin2ham Road for a One-Time License Fee of $273,674.50.
The recommendation was that the City Council Rescind M&C C-24578 and Authorize the City
Manager to Execute a Public Right-Of-Way Use Agreement With Texas Midstream Gas Services,
LLC, Granting a License to Construct and Operate an Underground Natural Gas Gathering Pipeline
Across Cleburne Road, Along Risinger Road and Across Cunningham Road, for a One (1) Time
License Fee of $273,674.50.
Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24798 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 32 of 39
(C -24799 Continued)
The recommendation was that the City Council Authorize the City Manager to Execute a Public Right -
Of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct
and Operate a Natural Gas Gathering Pipeline Across West Dickson Street, From Merida Avenue East
to Stanley Avenue, Across the Alleys West of Burlington Northern Santa Fe (BNSF) Railroad at
Stanley Avenue; Butler Street, Dickson Street, and Waggoman Street; Across the Alleys East of BNSF
Railroad at Barr Street and Drew Street; Across Barr Street, South of Drew Street' Across West
Seminary Drive, West of James Avenue; Across the Alley Between Seminary Drive and Broadus
Street; Across West Broadus Street and West of James Avenue, Across West Gambrell Street, West
Boyce Avenue and West Fuller Avenue, for a One (1) Time License Fee of $189,992.00.
Council Member Burns pointed out that Texas Midstream Gas Services, LLC, would be meeting with
some of the homeowners in the affected area to address noise mitigation and other issues.
Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C -24799 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Boulevard Niles City
The recommendation was that the City Council Authorize the City Manager to Execute a Public Right -
Of -Way Use Agreement With Texas Midstream Gas Services, LLC, Granting a License to Construct
and Operate a Natural Gas Gathering Pipeline Across 29th Street, East of Commerce Street, and
Across 23rd Street, East of Niles City Boulevard, for a One (1) Time License Fee of $5,516.50.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C -24800 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 33 of 39
(C -24801 Continued)
The recommendation was that the City Council Authorize the City Manager to Execute an Interlocal
Agreement With Tarrant County, Texas, in the Amount of $4,500,000.00 for the Participation in the
Construction Project to Realign Harley Avenue From University Drive to Montgomery Street; Adopt
an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grant Captial
Projects Fund in the Amount of $4,500,000.00 Subject to Receipt of a Grant From Tarrant County;
Adopt a Supplemental Appropriation Ordinance Increasing the Appropriations in the Stormwater
Utility Fund in the Amount of $1,500,000.00 and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance by the Same Amount for the Purpose of Transferring Said Funds to the
Stormwater Capital Projects Fund; Authorize the Transfer From the Stormwater Utility Fund to
Stormwater Capital Projects Fund; and Adopt an Appropriation Ordinance Increasing the Estimated
Receipts and Appropriations in the Storm Water Capital Projects Fund From Available Funds for the
Construction Project.
Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -24801 be approved and Appropriation
Ordinance No. 19609-03-2011, Supplemental Appropriation Ordinance No. 19610 -03 -2011
and Appropriation Ordinance No. 19611 -03 -2011 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
The recommendation was that the City Council Authorize the City Manager to Execute a Contract with
Cutler Repaving, Inc., in the Amount of $1,942,439.30 for 180 Calendar Days for Hot Mix Asphaltic
Concrete Hot In -Place Recycling at Various Locations.
Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that
Mayor and Council Communication No. C -24802 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
The recommendation was that the City Council Authorize the City Manager to Execute a Contract
With the Lowest Responsive and Responsible Bidder, Tri-Tech Construction, Inc., in an Amount Up to
$2,000,000.00 for Miscellaneous Storm Drain Improvements Contract -2011; Authorize the Transfer of
$1,500,000.00 From the Storm Water Utility Operating Fund to Storm Water Capital Projects Fund;
and Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Storm Water Capital Projects Fund From Available Funds for the Improvements.
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The recommendation was that the City Council Authorize the City Manager to Execute a Contract
With the Lowest Responsive and Responsible Bidder, Tri-Tech Construction, Inc., in an Amount Up to
$2,000,000.00 for Miscellaneous Storm Drain Improvements Contract -2011; Authorize the Transfer of
$1,500,000.00 From the Storm Water Utility Operating Fund to Storm Water Capital Projects Fund;
and Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Storm Water Capital Projects Fund From Available Funds for the Improvements.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 34 of 39
(C-24803 Continued)
Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that
Mayor and Council Communication No. C-24803 be approved and Supplemental
Appropriation Ordinance No. 19612-03-2011 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
10. M&C C-24804 - Authorize Application for, Acceptance and Execution of a Fiscal Year 2009
American Recovery and Reinvestment Act Grant Fund Round 2 with the North Central Texas
Council of Governments in the Amount of $259,910.0 for the Purpose of Converting en
Vehicles to Alternative Fueling Sites and Adopt
Appropria ion Ordinance.
The recommendation was that the City Council Authorize the City Manager to Apply for, Accept and
Execute, if Awarded, a Grant From the North Central Texas Council of Governments for the
Conversion of Ten (10) Vehicles to Propane (LPG) Operation and the Upgrade of Three (3) Existing
Alternative Fuel Fueling Sites in the Amount of $259,910.00; Authorize the Transfer of $275,470.00
From the General Fund to the Grant Capital Projects Fund for the Required Match for the Grant;
Authorize the Transfer of $55,592.00 From the Capital Projects Service Fund to the Grant Capital
Projects Fund for the Required Match for the Grant; Authorize the Transfer of $25,400.00 From the
Equipment Services Operating Fund to the Grant Capital Projects Fund for the Required Match for the
Grant; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in
the Grant Capital Projects Fund in the Amount of $616,372.00 From Available Funds for the Grant.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and
Council Communication No. C-24804 be approved and Appropriation Ordinance
No. 19613-03-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 35 of 39
(C -24805 Continued)
Council Member Moss expressed appreciation to Dr. Gleniece Robinson, Director, Library
Department, the Library Department staff and Workforce Solutions for their assistance and support and
development of this partnership. He pointed out that this partnership opened a new way of providing
services to the community and added the project combined library usage with the need for employment
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 36 of 39
(ZC -11 -019 Continued)
Council Member Zimmerman advised that this item designated the Ridglea Theatre and the attached
building as a historic site. He stated that during meetings, the owner's vision was for a family- oriented
business, however the owner had since installed a business next door to the theatre that was not family
oriented and he was very upset by this situation. He advised that with great reluctance he would move
for approval of this item.
Mayor Moncrief reiterated Council Member Zimmerman's comments and encouraged the public to
visit www.the�asi)i for more information about the business at this location.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns that the
public hearing be closed and Zoning Docket No. ZC -11 -019 be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
There being no one present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Zimmerman made a motion, seconded
by Council Member Burns, that the hearing be closed and that the following ordinance be adopted:
ORDINANCE NO. 19615 -03 -2011
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 nine (9) ayes to zero (0) nays.
(Council Member Espino left the meeting and did not return.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 37 of 39
XVL CITIZEN PRESENTATIONS
Safely & Health Issues"
Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that members of the
Council were snickering and smiling when he suggested doing a discovery on the cable television
show. He displayed a photograph of cables running across a City street without safety precaution signs.
He also displayed a photograph of a property behind the Salvation Army that was flooded and littered
with debris and advised that none of the homeless people living in this area were counted in the
homeless count. He stated that this area was located next to the Salvation Army playground and was
unsafe for children.
Other Citizen Presentations:
Dr. Tonia Hammonds, 5060 Avenue G, appeared before Council relative to the Cavile Outreach
Opportunity Library (COOL), situated in the Cavile Place Housing Community at 5060 Avenue G. She
provided a written copy of her comments and submitted a petition from the Stop Six residents in
opposition to reducing the operating hours at COOL. She stated that, effective April 1, 2011, hours of
operation at COOL would be reduced from 40 hours to 20 hours per week. She stated that many
residents benefitted from this particular library. She pointed out that she had been able to regularly
obtain current information on employment opportunities, prepare college assignments, and do creative
writing in the Library. She stated that countless adults and children used COOL to study, complete
homework, research and write papers, checkout books, movies, magazines, etc. She advised that the
adults used COOL for job searches, enrolling in college courses, completing college homework, as
well as checkout books, movies, magazines, etc. She stated that the community needed eight (8) hours
a day, not four (4) hours per day. She stated that there were only two (2) facilities that were available
in their community besides the churches that allowed the community to branch out for greater
opportunities to enhance themselves. She also advised that the community held a rally for the COOL
on March 19, 2011, to get the community involved.
Ms. Susan Alanis, Assistant City Manager, clarified that the reduced hours of operation would include
operating hours during the peak usage times.
Council Member Moss advised that he was concerned about why the Council was not notified of the
reduction of hours before today.
Council Member Hicks expressed appreciation to Dr. Hammonds for voicing her concerns and stated
that she learned of the change in operating hours from the City's website. She stated that half of the 20
hours were during the morning non -peak times. She requested an Informal Report be provided to the
Council detailing all library hours of operation and the reduction of hours that were made due to
budget constraints to ensure equality throughout the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 38 of 39
(Other Citizen Presentations Continued)
Mr. Vernon V. Edwards, 2309 South Hughes Avenue, appeared before Council relative to the Citizens
Public Forum held at the Holy Tabernacle Church of God in Christ on March 10, 2011. He
commended Police Chief Jeffrey Halstead and the Police Department staff for conducting themselves
in a professional manner while listening to the concerns of the different individuals in attendance. He
pointed out that there were many pertinent issues brought up in this meeting; however, the shooting on
February 28, 2011, that resulted in the loss of life dominated the discussion. He stated that the attitude
from some citizens was somewhat hostile and they believed the police had not treated them in a
respectful or professional manner. He further stated that their frustration was real which made it
difficult for them to express themselves in a positive manner. He stated that as a Block Captain, a
community volunteer and a former President of the Eastside Crime Watch Association (formerly the
Meadowbrook Crime Watch Association,) he was well aware that some of the Eastside citizens had
experienced unfair treatment from some of the police officers. He advised that this important issue that
needed to be addressed as soon as possible. He stated that throughout the years he had worked with
Mayors, City Managers, City Council members, Police Chiefs, Human Relations personnel and more
to achieve positive results. He pointed out that he did not condone crime in any form or fashion by
anyone but added that he did not condone disrespect from citizens towards police officers nor
disrespect from police officers towards citizens. He requested that the City Council, the Police Chief
and the Police Department staff work together to create an initiative for zero (0) tolerance on double
standards in the City.
Mayor Moncrief expressed appreciation to Mr. Edwards for voicing his concerns and advised that the
Council Members and the Police Department were taking these issues very seriously.
The following individuals appeared before Council and spoke regarding the Westridge pad site. They
stated that Chesapeake was providing inaccurate and deceptive information to area residents regarding
the gas well and waivers. They stated that the number of waivers required had been reduced from 119
to seven (7). They pointed out that after verifying the waivers with Tarrant County, some of the
waivers were not legitimate and added the City was not performing their due diligence. They further
stated that the pad site in question was surrounded by residences and the proposed gas wells would
negatively impact their property values and the Ridglea Country Club. They stated that the gas well
drilling ordinance was put in place to protect the City and the citizens and that the gas companies
continued to take advantage of the weak ordinance. They also stated that some individuals were paid
large sums of money to sign waivers and it was not fair for a property owner to determine an outcome
for an entire area. They pointed out that a private citizen could not compete with gas companies that
offered large sums of money, approximately $287,000.00, to sign a waiver. They requested the
Council declare a moratorium on gas well drilling and amend the ordinance before the application for
the Westridge site was approved. They further requested that the protected use distance be changed
from 600 feet to 1,000 feet and added that if the distance was left at 600 feet then the Council should
remove any means of a waiver process.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MARCH 22, 2011
PAGE 39 of 39
(Other Citizen Presentations Continued)
Ms. Bobby McCurdy, 3817 Birkdale Drive
Mr. Dan Tartaglia, 4412 Westridge Avenue
Council Member Hicks requested clarification of why the number of required waivers had decreased,
how many wells would be drilled and how many waivers were currently required.
Mr. Rick Trice, Assistant Director, Planning and Development Department, clarified that Chesapeake
had moved the site several times which decreased the number of required waivers. He stated that he
was unsure on the number of wells to be drilled but expected Chesapeake to fully harvest all of the
minerals in the area. He stated that currently four (4) waivers were required from the protected uses, all
of which had been obtained and verified.
Council Member Zimmerman advised that all of the facts that the residents had spoken about were
correct. He stated that the pad site had been moved three (3) times and was now situated as close to
Westridge Avenue and as far from Bryant Irvin Road as possible. He stated that this pad site would
totally destroy the green space and quality of life for the entire area and pointed out that it was
disenfranchising the citizens and one (1) protected use should not be entitled to make the decision for
the entire area. He strongly urged the Council to review the gas drilling ordinance and stated it was no
longer only about air quality, it was about quality of life.
Mayor Moncrief advised that he understood the frustration associated with the pad site and stated this
site had been problematic from the beginning. He stated that the gas well drilling ordinance was
derived from much research and discussion. He pointed out that many cities around the nation were
using the City's gas well drilling ordinance as a template. He cautioned revising the gas well drilling
ordinance and stated changes could be made that would prove detrimental. He stated that the
harvesting the Barnett Shale had helped the City weather the economic storm and most cities across the
nation were not as fortunate. He reiterated that the issues were no longer only about air quality but also
about quality of life. He also expressed appreciation to everyone for attending the meeting and voicing
their opinions and concerns.
XVIII. ADJOURNMENT
There being no further business the meeting was adjourned at 1:03 p.m. in memory of Cody Allen
Burns, Council Member Burns' younger brother, who passed away on March 12, 2011, due to injuries
sustained in an automobile accident.
These minutes approved by the Fort Worth City Council on the 5`h day of April, 2011.
Attest:
Marty Hendrix
City Secretary