HomeMy WebLinkAbout2011/09/27-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
Present:
Mayor Betsy Price
Mayor Pro tem W. B. "Zim" Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Joel Burns, District 9
Absent:
Council Member Daniel Scarth, District 4
Council Member Kathleen Hicks, District 8
Staff Present:
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, City Secretary
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor Price called the regular session of the
Fort Worth City Council to order at 10:06 a.m., on Tuesday, September 27, 2011, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with
Council Members Scarth and Hicks absent.
II. INVOCATION - Pastor Peter Couser, Saint Paul Lutheran Church
The invocation was provided by Pastor Peter Couser, Saint Paul Lutheran Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
1 w
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino that the
minutes of the regular meeting of September 20, 2011, be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 2 of 26
1,
There were no items to be withdrawn from the Consent Agenda.
Interim City Manager Tom Higgins requested that Mayor and Council Communication No. L -15261
be continued to the October 18, 2011.
VII. CONSENT AGENDA
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that the
Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Members Scarth and Hicks absent.
A. General - Consent Items
1. M &C G -17396 - Confirm the Reappointment of Delonia Watson as a Member of the City of
Fort Worth Firefighters' and Police Officers' Civil Service Commission for a Three -Year Term
Expiring October 1, 2014.
The City Council approved the following recommendation: Confirm the Reappointment of Delonia
Watson as a Member of the City of Fort Worth Firefighters' and Police Officers' Civil Service
Commission for a Three (3) Year Term Expiring October 1, 2014.
2. M &C G -17397 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations
in the Culture and Tourism Fund in the Amount of $189,152.50 and Decreasing the Unaudited,
Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount to Fund the
Fort Worth Convention Center Repair and Refurbishment of Arena Air Handler Units.
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 19922 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Culture
and Tourism Fund in the Amount of $189,152.50 and Decreasing the Unaudited, Unreserved,
Undesignated Culture and Tourism Fund Balance by the Same Amount, for the Purpose of Funding the
Repair and Refurbishment of Arena Air Handler Units in the Fort Worth Convention Center.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11298 - Authorize Purchase Agreements for Moving Services from All Points Pioneer,
Suddath Relocation Systems of Texas, Inc., and Berger Texas, Inc., Using a Tarrant County
Cooperative Contract for an Amount of $135,000.00, for the First Year.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 3 of 26
(VII. CONSENT AGENDA Continued)
(P -11298 Continued)
The City Council approved the following recommendation: Authorize Purchase Agreements for
Moving Services From All Points Pioneer, Suddath Relocation Systems of Texas, Inc., and Berger
Texas, Inc., Using the Tarrant County Cooperative Contract No. 2011 -055 for an Amount of
$13 5,000.00 for the First Year.
2. M &C P -11299 - Authorize the Sole Source Purchase of a Remotec Robot Upgrade and
Accessories from Remotec, Inc., for the Fire Department Using Homeland Security Grant Funds
for an Amount of $57,880.00.
The City Council approved the following recommendation: Authorize the Sole Source Purchase of a
Remotec Robot Upgrade and Replacement Parts From Remotec, Inc., for the Fire Department Using
Homeland Security Grant Funds for an Amount of $57,880.00.
3. M &C P -11300 - Authorize the Purchase of an X -Ray System from Envision Product Design,
LLC, for the Fire Department Using Homeland Security Grant Funds, Purchasing Under a
General Services Administration Cooperative Contract, for an Amount of $58,860.17.
The City Council approved the following recommendation: Authorize the Purchase of an X -Ray
System From Envision Product Design, LLC, for the Fire Department Using Homeland Security Grant
Funds, Purchasing Under a General Services Administration Cooperative Contract Number
GS- 07F -0280T for an Amount of $58,860.17.
C. Land - Consent Items
1. M &C L -15251 - Authorize the Direct Sale of Tax - Foreclosed Property Located at 1301
Eastview Street to the City of Fort Worth for Park Purposes in the Amount of $35,215.83,
Approve the Purchase and Dedicate the Property as Parkland.
The City Council approved the following recommendation: Authorize the Direct Sale of Tax -
Foreclosed Property Located at 1301 Eastview Street, Described as Abstract 2027, Tract 2E,
Gonefacio Herrera Survey, in Accordance With Section 34.05 of the Texas Tax Code, to the City of
Fort Worth and Approve the Purchase of 1301 Eastview Street by the City of Fort Worth for Park
Purposes for $35,215.83; Authorize Execution of and Record the Appropriate Instruments Conveying
the Property to Complete the Sale and Purchase; and Accept the Property and Dedicate the Property as
Parkland Upon Acceptance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 4 of 26
(VII. CONSENT AGENDA Continued)
2. M &C L -15252 - Authorize Execution of a Lease Agreement with Elizabeth Ibarra and Dennis
Kraft, for Office and Warehouse Space, for the Police Department at a Cost of $120,000.00 Per
Year.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Lease Agreement With Elizabeth Ibarra and Dennis Kraft for Approximately 24,213 Square Feet of
Office and Warehouse Space, at a Cost of $120,000.00 per Year for a Term of 24 Months, Beginning
July 1, 2011, and Ending June 30, 2013.
3. M &C L -15253 - Authorize the Payment of $5,579.15 to Javier Arguelles in Settlement of a
Claim Against the City of Fort Worth and Authorize the Sale of Tax - Foreclosed Property
Located at 2817 NW 17th Street to Javier Arguelles.
The City Council approved the following recommendation: Authorize the Payment of $5,579.15 to
Javier Arguelles in Settlement of a Claim Against the City of Fort Worth; Authorize the Sale of Tax -
Foreclosed Property Located at 2817 NW 17th Street, Described as Lot 9, Block 135, Belmont Park
Addition, to Javier Arguelles for the Purchase Price of $5,579.15, Plus Closing Costs, in Accordance
with Section 34.05 of the Texas Tax Code; and Authorize Execution and Recording of the Appropriate
Instruments Conveying the Property to Complete the Sale.
4. M &C L -15254 - Authorize the Acquisition of Fee Simple Interest in 0.6300 Acres of Improved
Land for the Lebow Channel Drainage Improvements Project, Located at 3504 -3512 Lebow
Street from John A. Webster, III for $709,000.00 and Pay the Estimated Closing Costs of
$15,000.00 for a Total Cost of $724,000.00.
The City Council approved the following recommendation: Authorize the Acquisition of Fee Simple
Interest in Five (5) Improved Lots Located at 3504 Lebow Street, Described as Lot 3, Block 21, 3506
Lebow Street, Described as Lot 4, Block 21, 3508 Lebow Street, Described as Lot 5, Block 21, 3510
Lebow Street, Described as Lot 6, Block 21, and 3512 Lebow Street, Described as Lot 7, Block 21, All
Located in the Dixie Wagon MFG., Co. Addition, Fort Worth, Texas, From John A. Webster, III; Find
That the Total Purchase Price of $709,000.00 is Just Compensation; and Authorize Acceptance of the
Conveyances, the Recording of the Appropriate Instruments and Payment of the Estimated Closing
Costs Up to $15,000.00.
E. Award of Contract - Consent Items
1. M &C C -25188 - Authorize Amendment No. 2 in the Amount of $46,858.00 to City Secretary
Contract No. 37971, an Engineering Agreement with Dunaway & Associates, L.P., for the Storm
Water Utility Project - Bellaire Park Court Drainage Improvements.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 5 of 26
(VII. CONSENT AGENDA Continued)
(C -25188 Continued)
The City Council approved the following recommendation: Authorize Execution of Amendment No. 2
in the Amount of $46,858.00 to City Secretary Contract No. 37971 With Dunaway & Associates, L.P.,
for the Bellaire Park Court Drainage Improvements Project, Thereby Revising the Total Contract Cost
to $116,310.00.
2. M &C C -25189 - Authorize Execution of an Engineering Agreement in the Amount of
$526,653.00 with James DeOtte Engineering, Inc., for the Design of Greenfield Acres Storm
Drain Improvements.
The City Council approved the following recommendation: Authorize Execution of an Engineering
Agreement With James DeOtte Engineering, Inc., in the Amount of $526,653.00 for the Design of
Greenfield Acres Storm Drain Improvements.
3. M &C C -25190 - Authorize Execution of an Engineering Agreement in the Amount of
$271,440.00 with HDR Engineering, Inc., for the Design of Mercado Channel Improvements.
The City Council approved the following recommendation: Authorize Execution of an Engineering
Agreement With HDR Engineering, Inc., in the Amount of $271,440.00 for Design of Mercado
Channel Improvements.
4. M &C C -25191 - Authorize Execution of an Engineering Agreement in the Amount of
$377,092.00 with HDR Engineering, Inc., for the Design of Washington Heights Storm Drain
Improvements.
The City Council approved the following recommendation: Authorize Execution of an Engineering
Agreement With HDR Engineering, Inc., in the Amount of $377,092.00 for Design of Washington
Heights Storm Drain Improvements.
5. M &C C -25192 - Authorize Amendment No. 1 in the Amount of $788,790.56 to City Secretary
Contract No. 38407, a Professional Services Agreement with Teal Engineering Services, Inc., for
the Upgrade to the Citywide Traffic Management System for a Total Contract of $1,272,415.56.
The City Council approved the following recommendation: Authorize the Execution of Amendment
No. 1 in the Amount of $788,790.56 to City Secretary Contract No. 38407, a Professional Services
Agreement With Teal Engineering Services, Inc., for the Upgrade of the Citywide Traffic Management
System, Thereby Revising the Contract Amount to $1,272,415.56.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 6 of 26
(VII. CONSENT AGENDA Continued)
6. M &C C -25193 - Authorize Execution of a Construction Contract with Scott Dennett
Construction, LLC, in the Amount of $232,542.00 for Renovation of R.D. Evans Community
Center.
The City Council approved the following recommendation: Authorize the Execution of a Construction
Contract With Scott Dennett Construction, LLC, in the Amount of $232,542.00 for Renovation of R.D.
Evans Community Center.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1828 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,.
1. Presentation of Proclamation for All-America City Celebration Dal
Ms. Shirley Little, Chief of Staff, Mayor's Office introduced the City employees who participated in
the application process for the All- America City Award.
Mayor Price presented the proclamation for All- America City Celebration Day to City employees who
participated and worked on the All- America City application and celebration. She stated that the
National Civic League (NCL) was founded in 1894 and was the nation's oldest good government
organization. She further stated the NCL was founded to improve the effectiveness of local
government and fight corruption and was responsible for the development of the first model City
Charter which continued to be updated and utilized by cities across the nation. She advised that the
NCL established the All- America City Award in 1949, and the award was described by George Gallup
as the "Nobel prize for constructive citizenship," and recognized cities where citizen action had made
communities a better place to live. She pointed out that in 1964, Fort Worth was selected as an All -
America City for a citywide town hall meeting process which was credited with starting many projects,
including the construction of Tarrant County Convention Center (now the Fort Worth Convention
Center) and the old Arlington Stadium, the creation of the Tarrant County Junior College System and
the development of the Child Study Center. She stated in 1993, Fort Worth was again designated as an
All- America City for the Fort Worth Vision Coalition /Town Hall 1992 series of citizen meetings
which led to the creation of Code Blue as a public /private partnership to fight crime and for Targeted
Area Planning (TAP), in which the city provided technical expertise to residential or commercial
stakeholders seeking to revitalize their areas. She advised that this year, for the third time, Fort Worth
was honored as an All- America City, after competing against 25 communities from across the United
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 7 of 26
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. # 1 Continued)
States, for meeting three (3) challenges that were being addressed through public /private partnerships:
homelessness through the Directions Home program, mental health services through the Mental Health
Connection and graffiti through WAL, We Are Legal. She encouraged everyone to wear their "I love
Fort Worth" shirts on October 4, 2011, for All- America City Celebration Day.
Mr. Pat Svacina, Fort Worth Team Leader, All- America City Award Application Committee,
expressed appreciation to the Mayor and Council for the proclamation. He stated that the award was all
about community and partnerships and pointed out that the award also represented the team that
presented the application in Kansas City, Kansas. He advised that what made Fort Worth special was
that the City had the courage to take on some of the toughest problems that faced cities across the
nation. He also stated that winning the award three (3) times was very prestigious and reiterated that
Fort Worth was a great place to live.
2. Presentation of Proclamation for National Night Out in Texas
Mayor Pro tem Zimmerman presented a proclamation for National Night Out in Texas to Police Chief
Jeff Halstead, Police Department. He stated the National Association of Town Watch (NATW) in
conjunction with the City of Fort Worth was sponsoring a unique, nationwide crime, drug and violence
prevention program on October 4, 2011, entitled "National Night Out in Texas" where police -
community partnerships, neighborhood safety, awareness and cooperation were important themes. He
further stated that the "28th Annual National Night Out in Texas" provided a unique opportunity for
the City of Fort Worth to join forces with thousands of other communities across the world in
promoting cooperative, police- community crime prevention efforts. He advised that it was essential
that all citizens of Fort Worth including 1,521 Neighborhood Crime Watch groups, 250 Citizen on
Patrol groups, graduates of the Citizens Police Academy and members of Volunteers in Policing
assisted our dedicated Police Officers by playing a vital role and being aware of the importance of
crime prevention programs and the impact that their participation had on reducing crime, drugs and
violence in the City.
Chief Halstead expressed appreciation to the Mayor and Council for the proclamation and their support
of this program. He also expressed appreciation to the Police and Fire Department staff for the great
partnership as well as the mass of volunteers that made this event successful each year. He encouraged
all the citizens to join the Fort Worth Police Department and the NATW in supporting the "28th
Annual National Night Out in Texas."
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 8 of 26
3. Presentation of Proclamation for Senior CitizepI Fair , Inc. Da ys
Council Member Shingleton presented the proclamation for Senior Citizens Fair, Inc., Days to Ms.
Carolyn Zeller, President, Altrusa International, Inc., of Fort Worth and Ms. Jennie Price, President,
Senior Citizens Fair. He stated that 2011 marked the 50th anniversary celebration of the Arts and
Crafts Marketplace often referred to as the Senior Citizens Fair, an event that offered senior citizens a
chance to sell their hand - crafted, heirloom - quality wares with minimum concern on their part. He
further stated that for five (5) decades, the planning, organization and staffing of this Fort Worth
tradition had been a community service project of Altrusa International, Inc., of Fort Worth with
support from many individuals, organizations, foundations and businesses through the years including
2011 associate sponsors, the Fort Worth Medical Society Alliance and the Fort Worth Newcomers
Club. He advised that the Fair, incorporated in 1983, had long enjoyed its relationship with the City
with the first two (2) fairs being held in the Pioneer Palace which was built as part of the 1936 Fort
Worth Centennial, later moving to the cattle barn at the Will Rogers Memorial Center and ultimately to
the Amon Carter Exhibit Hall. He pointed out that the popularity of the Fair had grown steadily to the
nearly 1,000 crafters who brought 28,000 items, including quilts, stained glass, paintings, jewelry,
home furnishings and holiday decorations. He also added that the senior citizens collectively retained
$224,500.00, with none of the sponsoring organizations benefitting from the event. He stated that 400
volunteers from companies, sponsor organizations and community groups donated over 3,000 hours to
present last year's event as a service to the seniors. He encouraged everyone to attend the Fair at the
Amon Carter Exhibit Hall from October 13, 2011, through October 15, 2011, and added the cost for
entrance was $5.00.
Ms. Price expressed appreciation to the Mayor and Council for the proclamation and their support of
the Fair and introduced members of Altrusa International, Inc., who were in attendance at the meeting.
Ms. Zeller also expressed appreciation to the Mayor and Council for the proclamation and provided a
brief overview of the history of Altrusa, International, Inc.
1. Uncomin2 and ece t Events
Council Member Burns announced that Tarrant County Gay Pride Week would be held
September 29, 2011, through October 9, 2011. He stated a parade would be held on October 1, 2011, at
10:00 a.m., in the downtown area and a street festival would take place from 10:00 a.m. to 6:00 p.m.,
at General Worth Park. He advised that a picnic would be held on October 2, 2011, from
12:00 p.m. to 6:00 p.m., at Trinity Park. He also announced that the City of Fort Worth would change
the domain name, effective October 1, 2011, and advised that the new City webpage address would be
www.fortworthtexas. ov. He further announced that a meeting regarding the Forest Park drainage
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 9 of 26
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued)
improvements would be held on September 29, 2011, at 6:30 p.m., at Travis Avenue Baptist Church,
located at 800 West Berry Street. He also announced the second annual Tarrant County Harambee
Festival in the historic Evans Avenue Plaza of Terrell Heights would be held on October 1, 2011, from
9:00 a.m. to 8:00 p.m. He stated the event would feature a parade, wellness booth, food and live
entertainment.
Council Member Shingleton announced that Jazz by the Boulevard had grown and was renamed the
Fort Worth Music Festival. He stated that the festival would be held September 30, 2011, through
October 1, 2011, at Will Rogers Memorial Complex and would feature 20 bands, food and family fun.
2. BgL2gnition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the
following individuals be reappointed to various boards and commissions effective
September 27, 2011, with terms expiring as reflected:
• Ms. Marlene Beckman — Board of Adjustment, Commercial and Fort Worth Alliance Airport
Board of Adjustment, with terms expiring October 1, 2013
• Ms. Victoria Bargas — Board of Adjustment, Residential, with a term expiring October 1, 2013
• Ms. Gaye Reed — City Zoning Commission and Fort Worth Alliance Airport Zoning
Commission, with terms expiring October 1, 2013
• Mr. Robert Adams — Historical & Cultural Landmarks Commission, with term expiring
October 1, 2013
• Ms. Virginia Muck — Library Advisory Board, with term expiring October 1, 2013
• Ms. Melissa Konur — Urban Design Commission, with term expiring October 1, 2013
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and
Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 10 of 26
(XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the
following individuals be appointed to various boards and commissions effective
September 27, 2011, with terms expiring as reflected:
• Mr. Trey Harris — Appeals Board, with term expiring September 30, 2012
• Mr. Kenneth Williams — Building Standards Commission, with term expiring
September 30, 2012
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and
Hicks absent.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that
the following individuals be appointed or reappointed to various boards and commissions
effective September 27, 2011, with terms expiring as reflected:
Appointment:
• Mr. Barry G. Wallis — Library Advisory Board, with term expiring October 1, 2013
Reappointments:
• Ms. Marty Craddock — Appeals Board, with term expiring September 30, 2013
• Mr. William P. Cranz — Aviation Advisory Board, with term expiring October 1, 2013
• Mr. James Hill — Board of Adjustment, Commercial and Fort Worth Alliance Airport Board of
Adjustment with terms expiring October 1, 2013
• Mr. Wade Chappell — Board of Adjustment, Residential, with term expiring October 1, 2013
• Mr. James Weitholter — City Plan Commission and Capital Improvements Advisory Committee
for Transportation Impact Fees, with terms expiring October 1, 2013
• Mr. Nick Genua — City Zoning Commission and Fort Worth Alliance Airport Zoning
Commission, with terms expiring October 1, 2013
• Mr. Larry Crockett — Community Development Council, with term expiring October 1, 2013
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 11 of 26
(XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued)
• Ms. Kelly Owen-Pacleb — Historic & Cultural Landmarks Commission, with term expiring
October 1, 2013
• Ms. Linda Christie — Parks & Community Services Advisory Board, with term expiring
October 1, 2013
• Mr. Jack Summerford — Urban Design Commission, with term expiring October 1, 2013
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and
Hicks absent.
2. Council Proposal No. 288 - Waiver of Festival Equipment Rental Fee for the Harambee
Festival
Motion: Council Member Moss made a motion, seconded by Council Member Espino, to suspend the
rules for approval of the Council Proposal. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Council Members Scarth and Hicks absent.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that
Council Proposal No. 288 be approved. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Council Members Scarth and Hicks absent.
XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 12 of 26
XIIL RESOLUTIONS
LA Resolution Approving Budget for Dallas/Fort
Airport
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Moss, that
Resolution No. 4026 -09 -2011 be adopted. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Council Members Scarth and Hicks absent.
1'
.......... .......... ..................... .......... ...................... ............ ...................... ............ ............
City Secretary Marty Hendrix stated the Resolution reflected the following individuals would serve as
alternates in the following order for the Mayor if she was unable to attend: Mayor Pro tem W. B.
"Zim" Zimmerman, Council Member Danny Scarth and Council Member Dennis Shingleton.
Motion: Council Member Espino made a motion, seconded by Council Member Burns, that
Resolution No. 4027 -09 -2011 be adopted. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Council Members Scarth and Hicks absent.
XIV. REPORT OF THE CITY MANAGER
B. General
The recommendation was that the City Council Amend the Financial Management Policy Statements,
to Add Statement 11.17, Fund Balance Spending Priorities, to Comply With the Governmental
Accounting Standards Board Statement No. 54; Designate That the Fund Balances of the Following
Funds are Committed to Risk Financing: Risk Management Fund; Workers Compensation Insurance
Fund; Group Health Insurance Fund; Unemployment Compensation Insurance Fund; and Authorize
the City Manager, or his Designee, to Designate Assigned Fund Balances for Specific Intended
Spending Purposes Without Further Approval by the City Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 13 of 26
(G -17398 Continued)
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns that
Mayor and Council Communication No. G -17398 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
2. MSC G -17399 - Adopt Armrouriation Ordinance and Transfer $166,557.89 to Various
Rglignal2d Funds for SHbrogation Recovery and e e Property sses.
The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Risk Management Fund in the Amount of $159,619.12,
From Available Funds Due to Subrogation Recovery, for the Purpose of Transferring Said Funds to
Various Funds for the Insured Property and Liability Losses; and Authorize the Transfer of
$166,557.89 From the Risk Management Fund to Various Funds, as Follows: General Fund (GG01) -
$115,393.24; Crime Control & Prevention District Fund (GR79) - $23,171.00; Water & Sewer Fund
(PE45) - $18,794.53; Solid Waste Management Fund (PE64) - $2,260.35; and Municipal Airports
Fund (PE40) - $6,938.77.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. G -17399 be approved and Appropriation Ordinance No.
19923 -09 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays,
with Council Members Scarth and Hicks absent.
3. MSC G -17400 - Authorize the Transfer of $10,000,000.00 front the Water and Sewer
Ot)eratin2 Fund to the Water Car)ital Proiects Fund in the Amount of $3, 000 , 000.00 and to the
Sewer Capital Projects Fund in the Amon n
Ordinance.
The recommendation was that the City Council Authorize the Transfer of $10,000,000.00 From the
Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $3,000,000.00
and to the Sewer Capital Projects Fund in the Amount of $7,000,000.00; and Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund
and the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Unspecified
Water and Sewer Capital Projects.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss that Mayor
and Council Communication No. G -17400 be approved and Appropriation Ordinance No.
19924 -09 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays,
with Council Members Scarth and Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 14 of 26
Farm in#
Alston Avenue. (PUBLIC HEARI
The recommendation was that the City Council Consider a Request From Joseph Bialek, Owner of
1884 Recovery Room Bar, Located at 1314 Alston Avenue for a Variance From Section 4 -4 of the
City Code Prohibiting the Sale of Alcoholic Beverages Within 300 Feet of DeZavala Elementary/Fort
Worth Independent School District Located at 1419 College Avenue.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
a.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and provided a staff report.
b. Citizen Presentations
Mr. Christopher Brassard, 1200 South Adams Street, appeared before Council in opposition to Mayor
and Council Communication No. G -17401 and stated that he was heavily involved in the
redevelopment of this area of the Fairmont Neighborhood. He stated that the applicant had denied any
discussion of this project with the neighbors since June 2011, and added that he had contacted Council
Member Burns about the lack of communication since the beginning of the process. He stated that
there were seven (7) residential permits relative to this property and that no one had been able to get an
answer from the applicant about what was planned for the property. He pointed out that this site was
the oldest structure in the Fairmont Neighborhood and to maintain the historical designation, at least 30
percent of the original structure must be retained during the renovation process. He pointed out that
this structure was a total loss and would need to be completely rebuilt. He advised that he would not be
able to attend the next meeting when this item would be heard and encouraged the Council to vote
against the item.
The following individuals completed speaker cards in support of Mayor and Council Communication
No. G -17401 and were recognized by Mayor Price, but were not present in the Council Chamber.
Mr. Joseph Bialek, 1312 Washington Avenue
Mr. Kyle Bialek, 11829 Lake Stone Drive, Austin, Texas 78738
Mr. Scott Corso, 4323 Vista Ridge Circle
Mr. Carlo Galotto, 1001 West Magnolia Avenue
Ms. Philippa Rudolph, 500 Throckmorton Street, Suite 1308
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 15 of 26
(G -17401 Continued)
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. G- 17401, but did not wish to address the City Council.
Ms. Debbie Malone, 1317 Alston Avenue
Mr. Sean Lynch, 1601 College Avenue
Mr. Tom Malone, 1317 Alston Avenue
Council Member Burns advised that he would make a motion to continue this item to the
October 25, 2011, Council meeting to allow time for the applicant to meet with the leaders of the
Fairmont Neighborhood Association.
c. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that
Mayor and Council Communication No. G -17401 be continued to the October 25, 2011,
Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with
Council Members Scarth and Hicks absent.
The recommendation was that the City Council Schedule a Public Hearing for October 18, 2011, to
Receive Public Comments Regarding a Proposed Ordinance Amending the Code of Ordinances of the
City of Fort Worth, by Amending Article II of Chapter 15, "Gas" Entitled, "Gas Drilling and
Production ", Regulating the Drilling and Production of Gas Wells Within the City by: Amending
Section 15 -31 to Provide for the Definition of Existing Well Site and Potential Impact Radius and for
the Revised Definition of Protected Use; by Repealing Division 5 in its Entirety and Replacing it With
a New Division 5 Requiring a Multiple Gas Well Pad Site Permit for All Future Gas Wells; by
Amending Division VI to Change the Phrase "Gas Well Permit" to Read "Multiple Gas Well Pad Site
or Gas Well Permit "; by Amending Sections 15 -42 to Provide for the Permitting of Salt Water
Disposal Wells and Mandate Injection into the Ellenburger Formation; by Amending Section 35 -46 to
Provide for Notification Requirements; and by Amending Section 15 -35 and 15 -42 to Provide for Best
Management Practices Pursuant to State Law; and Set the Date for Adoption of the Proposed
Ordinance at the October 25, 2011, City Council Meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 16 of 26
(G -17402 Continued)
Mr. Rick Trice, Assistant Director, Gas Wells, Planning and Development Department spoke before
the Council on the proposed Ordinance and setting the Public Hearing for October 18, 2011.
Council Member Jordan stated that he had concerns with singling out two (2) waterways without
adequate justification. He added that the typical practice was to review issues based on quality of life,
health and safety. He stated that this was not consistent with the current policy and sent a negative
message but added he would support setting public hearing.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss that Mayor
and Council Communication No. G -17402 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
ro
The recommendation was that the City Council Adopt an Ordinance Providing for the Issuance of
Approximately $80,000,000.00, City of Fort Worth, Texas, Drainage Utility System Revenue Bonds,
Series 2011.
Mr. James Mauldin, City Treasurer, stated that the Recommendation Section of Mayor and Council
Communication No. G -17403 be amended to read: Authorize approximately $80,000,000.00, City of
Fort Worth, Texas, Drainage Utility System Revenue Bonds, Series 2011, be sold to Robert W. Baird &
Company, the bidder offering the lowest true interest rate of 3.697796 percent. He also advised that
this was the third time utility bonds had been sold and this was the lowest interest rate paid historically
by .25 percent, which he pointed out spoke to the condition of the market as well as the good name the
City of Fort Worth had in the market.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that
Mayor and Council Communication No. G -17403 be approved as amended and Ordinance
No. 19925 -09 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Council Members Scarth and Hicks absent.
C. Purchase of Equipment, Materials, and Services
Department the Fire
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 17 of 26
(P-11301 Continued)
The recommendation was that the City Council Authorize the Purchase of a 2011 Spartan Aerial
Ladder Fire Truck From Scott Fire Apparatus, Inc., Using the Houston-Galveston Area Council
Contract No. F S 12-09 for the Fire Department for a Total Amount of $764,497.00.
Motion: Council Member Bums made a motion, seconded by Council Member Moss that Mayor and
Council Communication No. P -11301 be approved. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
Fire Department for a Total Amount of $2,616,492.00.
The recommendation was that the City Council Authorize the Purchase of Four (4) Rosenbauer
Pumper Fire Trucks From Daco Fire Equipment, Inc., Using the Houston-Galveston Area Council
Cooperative Contract No. FS 12-09 for the Fire Department for a Total Amount of $2,616,492.00.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton that Mayor
and Council Communication No. P-11302 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
I rirriion 11111 111 1111 1� n I
...................
School Boards Cooperative Contract for a Total Amount of $515,934.00.
The recommendation was that the City Council Authorize the Purchase of Three (3) Brush Trucks for
the Fire Department From Chastang Enterprises, Inc., d/b/a Chastang's Bayou City Ford, Using Texas
Association of School Boards Contract No. 323-09 for a Total Amount of $515,934.00.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that
Mayor and Council Communication No. P-11303 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
............. .....
Departments for a Total Amount of $644,945.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 18 of 26
(P -11304 Continued)
The recommendation was that the City Council Authorize the Purchase of 30 Half -Ton Trucks From
Sam Packs Five Star Ford Using the Texas Smart Buy Cooperative Contract No. 072 -A1 for Multiple
Departments for a Total Amount of $644,945.00.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss that Mayor
and Council Communication No. P -11304 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
D. Land
Beach Street Just West of Gatewav Park.
The recommendation was that the City Council Authorize Execution of a Six (6) Month Temporary
Access Permit Agreement With Texas Midstream Gas Services, LLC, in the Amount of $6,000.00 for
Access Across City -Owned Property Located Near 1750 Beach Street Just West of Gateway Park,
Described as Block 14, Lot 4A, Sycamore Heights Addition.
Motion: On behalf of Council Member Hicks, Mayor Pro tem Zimmerman made a motion, seconded
by Council Member Burns that Mayor and Council Communication No. L -15255 be
approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Members Scarth and Hicks absent.
Owned Pronerties Known as the Meadowbrook Water Tank, Located at Brid2e Street Just
North of 1-30.
The recommendation was that the City Council Approve the Acceptance of a Lease Agreement for
Natural Gas Drilling Under 5.34 Acres More or Less of City -Owned Property Known as the
Meadowbrook Water Tank, Located at Bridge Street Just North of I -30 to Chesapeake Exploration,
LLC, for a Two (2) Year Primary Term.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 19 of 26
(L -15256 Continued)
Motion: On behalf of Council Member Scarth, Council Member Shingleton made a motion, seconded
by Council Member Burns that Mayor and Council Communication No. L -15256 be
approved. The motion carried unanimously six (6) ayes to zero (0) nays and one (1)
abstention by Council Member Jordan, with Council Members Scarth and Hicks absent.
FIT` elli-molwllx,,
MOwned Properties Known as Woodhaven Co!LntiL
at
l"mIK'*IM"U"iL=ImlI
5901 Boca Raton Boulevard.
The recommendation was that the City Council Approve the Acceptance of a Lease Agreement for
Natural Gas Drilling Under 11.958 Acres More or Less of City Owned Property Known as Woodhaven
Country Club Estates, Lot 1, Block 14A, Located at 5901 Boca Raton Boulevard to Chesapeake
Exploration, LLC, for a Two (2) Year Primary Term.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this item.
Motion: On behalf of Council Member Scarth, Council Member Shingleton made a motion, seconded
by Council Member Moss that Mayor and Council Communication No. L -15257 be
approved. The motion carried unanimously six (6) ayes to zero (0) nays and one (1)
abstention by Council Member Jordan, with Council Members Scarth and Hicks absent.
The recommendation was that the City Council Ratify the Mineral Agreement and Deed, City
Secretary Contract No. 42203, With the Heirs of Z Boaz Park South and Z Boaz Golf Course for
Release of Deed Reverter Terms in Exchange for the Heirs Retaining a 40 Percent Interest in the
Mineral Estate.
City Secretary Hendrix stated the following amendment to the Discussion Section of Mayor and
Council Communication No. L- 15258, paragraph two (2), line seven (7), Agreement Term two (2),
should read:
2) The City will retain 17 percent of the City mineral revenues solely for use at the Z Boaz Park South
and Z Boaz Golf Course.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 20 of 26
(L -15258 Continued)
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Moss that Mayor
and Council Communication No. L -15258 be approved as amended. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
5. MSC L -15259 - Authorize the Direct Sale of Thirteen Tax- Foreclosed Properties to Texas
Midstream as Services, • $51,829.53.
The recommendation was that the City Council Authorize the Direct Sale of 13 Tax - Foreclosed
Properties Located at 2010 Danner; 1733 S. Edgewood Terrace; 4811 Fitzhugh; 1612, 1724, 2013,
2025, 2029 and 2109 Langston; 1637 Lindsey; 4759 Ramey; 4817 Sunshine; and 4328 E. Berry to
Texas Midstream Gas Services, LLC, in Accordance With Section 34.05 of the Texas Tax Code for
$51,829.53; and Authorize the Execution and Recording of the Appropriate Instruments Conveying the
Properties to Complete the Sale.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. L -15259 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
I
Learning Center and Authorize Grantin- an Electric Utility Easement to Oncor Electric
1
The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set
Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational
Lands; Find That No Feasible or Prudent Alternative Exists for the Use of Rockwood Golf Course for
the Location of the Proposed Easement for Electric Lines and Equipment to Service the Ben Hogan
Learning Center; Find That the Proposed Electric Utility Easement Includes All Reasonable Planning
to Minimize Harm to the Parkland and Including That the Lines and Equipment Will Be Constructed in
Rockwood Golf Course Located at 701 North University Drive, Located Southwest of Jacksboro Hwy
SR199, East of Isbell Road, South of Ohio Garden Road, East of the Terminus of Ovid Drive, Inez
Drive and Ester Drive, North of the Trinity River; Close the Public Hearing and Authorize Use of
Approximately 0.067 Acre of Dedicated Parkland at Rockwood Golf Course for an Electric Utility
Easement; and Authorize Granting an Electric Utility Easement to Oncor Electric Delivery at
Rockwood Golf Course.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 21 of 26
(L -15260 Continued)
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
City Secretary Hendrix advised that the attachment entitled "Aerial 1" was attached in error and
advised that the attachment needed to be removed from Mayor and Council Communication No.
L -15260 and the motion would be to approve as amended.
a. Report of City Staff
Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council
and provided a staff report.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that the
public hearing be closed and that Mayor and Council Communication No. L -15260 be
approved as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with
Council Members Scarth and Hicks absent.
The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set
Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational
Lands; Find That No Feasible or Prudent Alternatives Exist to Use Wedgwood Park Located at 5309
Winifred Drive, South of Winifred Drive, North of Walton Avenue, West of Wharton Drive, and East
of Whitman Avenue; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm
to the Parkland and Including That the Proposed Use Will Have No Impact on Use of the Surface of
Parkland; and Close the Public Hearing and Authorize the City Manager to Approve the Use of the
Subsurface of Parkland for the Drilling and the Extraction of Natural Gas.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 22 of 26
(L -15261 Continued)
a. BgR2Lt of City Staff
Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council
and provided a staff report.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c. Council Action
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman that the
public hearing be closed and that Mayor and Council Communication No. L -15261 be
continued to the October 18, 2011, Council meeting. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
F. Award of Contract
c- c
Drive Ramey Street, Lorin Street, Sunshine
The recommendation was that the City Council Authorize the Execution of 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 East Rosedale Street, East of Lindsey Street; Across Avenue G,
East of Lindsey Street; Across Langston Street, South of Willie Street; Across Chapman Street, East of
Langston Street; Across Ramey Street, East of Langston Street; Across Lorin Street, East of Langston
Street; Across Sunshine Drive, East of Langston Street; and Across Fitzhugh Avenue, East of Langston
Street, for a One (1) Time License Fee of $19,278.00.
Council Member Moss stated there were concerns in the area about citizens not receiving royalties for
the mineral leases. He stated this was due to the fact that pipelines had not been constructed in the area
so the minerals could not be harvested. He advised that he had only received one (1) phone call inquiry
about this item and the majority of the citizens were in favor of this item and construction of this
pipeline would allow for the citizens to receive the royalties from leasing their minerals.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 23 of 26
(C -25194 Continued)
Motion: Council Member Moss made a motion, seconded by Council Member Espino that Mayor and
Council Communication No. C -25194 be approved. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
2. MSC C -25195 - Authorize Execution of a Develoffigflt �naent to Continue the
Extraterritorial ris icti Status of Prot)ertv Owned bv 820 Management Trust, Loc to
Generally South and West of Chapin Road and South of Old Weatherford Road.
The recommendation was that the City Council Authorize the Execution of a Development Agreement
Between the City and 820 Management Trust for the Application of Development Standards and to
Continue the Extraterritorial Jurisdiction Status for Property Located Generally South and West of
Chapin Road and South of Old Weatherford Road in Unincorporated Tarrant County.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that
Mayor and Council Communication No. C -25195 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
3. MSC C -25196 - Authorize Execution of a Tax Abatement A reement with Locate Holdings,
r t e Construction of a Multifamilv Apartment ex at 2920 est Lancaster Avenue
and 1020 Currie Street.
The recommendation was that the City Council Authorize the Execution of a Tax Abatement
Agreement With Locap Holdings, LLC, for the Construction of a Multifamily Apartment Complex at
2920 West Lancaster Avenue and 1020 Currie Street; and Authorize Waiving of Related Development
Fees.
Motion: Council Member Burns made a motion, seconded by Council Member Moss that Mayor and
Council Communication No. C -25196 be approved. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Council Members Scarth and Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 24 of 26
(C -25197 Continued)
The recommendation was that the City Council Authorize the Transfer of $647,813.00 From the Water
and Sewer Fund in the Amounts of $473,402.00 to the Water Capital Projects Fund and $174,411.00 to
the Sewer Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts
and Appropriations in the Water Capital Projects Fund, From Available Funds, for the Purpose of
Funding Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of
Bird Street, From North Riverside Drive to Bonnie Brae Avenue; Bonnie Brae Avenue, From East
Belknap Street to Yucca Avenue; Clary Avenue, From North Riverside Drive to Seaman Street;
Concord Avenue, From Bonnie Brae Avenue to Bonnie Brae Avenue; and Dalford Street, From
Bonnie Brae Avenue to Bonnie Brae Avenue; and Authorize the Execution of a Contract With Stabile
& Winn, Inc., in the Amount of $1,938,509.25 for the Project.
Motion: On behalf of Council Member Scarth, Council Member Shingleton made a motion, seconded
by Council Member Moss that Mayor and Council Communication No. C -25197 be
approved and Appropriation Ordinance No. 19926-09-2011 be adopted. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
5. M&C C -25198 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the
Amount of $1,138,957.75 for the Cromwell Marine Creek Bridge, Paving and Sewer
Improvem e nts.
The recommendation was that the City Council Authorize the Execution of a Contract With Conatser
Construction TX, LP, in the Amount of $1,138,957.75 for Construction of the Cromwell Marine Creek
Bridge, Paving and Sewer Improvements.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that
Mayor and Council Communication No. C -25198 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and Hicks
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27 2011
PAGE 25 of 26
(C -25199 Continued)
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. C -25199 be approved and Appropriation Ordinance No.
19927 -09 -2011 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays,
with Council Members Scarth and Hicks absent.
XV. CITIZEN PRESENTATIONS
Mr. Leroy Comley, 2604 Market Avenue, appeared before Council relative to theft and gang activity at
his residence. He stated that he has received obscene and threatening phone calls from individuals he
presumed were police officers. He further stated that he had contacted the Police Department,
including his Neighborhood Police Officer and the Mayor's Office, but had not received any
assistance.
Mayor Price referred Mr. Comley to Police Chief Halstead, Police Department, for resolution of this
matter.
Mayor Price adjourned the regular session of the Fort Worth City Council into Executive Session at
11:08 a.m., in accordance with the requirement of the Open Meetings Law.
XVL EXECUTIVE SESSION (PRE- COUNCIL CHAMBER)
Present:
Betsy Price, Mayor
Council Member Salvador Espino, District 2
Mayor Pro tem W. B "Zim" Zimmerman, District 3
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Joel Burns, District 9
Absent:
Council Member Daniel Scarth, District 4
Council Member Kathleen Hicks, District 8
Staff Present:
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, City Secretary
Fernando Costa, Assistant City Manager
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 27, 2011
PAGE 26 of 26
(XVI. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) Continued)
Karen Montgomery, Assistant City Manager
Brandon Bennett, Director, Code Compliance Department on behalf of Charles Daniels, Assistant City
Manager
Gleniece Robinson, Director, Library on behalf of Susan Alanis, Assistant City Manager
Gerald Pruitt, Deputy City Attorney
Peter Vaky, Deputy City Attorney
It was the consensus of the City Council that they recess into Executive Session at 11:08 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. In Re: McKesson Governmental Entities Average Wholesale Price Litigation, Case No.
1:08 -cv- 108473 -PBS (Mass);
b. In Re: Municipal Derivatives Antitrust Litigation, Case No. 1:08 -cv -2516 (SDNY); and
C. Legal issues concerning any item listed on today's City Council meeting agendas.
2. Deliberate the purchase, sale, lease or value of real property in accordance with Section
551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental
effect on the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of
the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
Mayor Price adjourned the Executive Session of the Fort Worth City Council at 11:27 a.m.
Mayor Price reconvened back into regular session at 11:27 a.m.
XVII. ADJOURNMENT
There being no further business, Mayor Price adjourned the meeting at 11:27 a.m.
These minutes approved by the Fort Worth City Council on the 41h day of October, 2011.
Attest: n
Marty Hend`tix ' Betsv I
Cm, Secretary Mayor