HomeMy WebLinkAbout2011/10/25-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Present:
Mayor Betsy Price
Mayor Pro tem W. B. "Zim" Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Danny Scarth, District 4
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Absent:
Council Member Frank Moss, District 5
Staff Present:
Tom Higgins, 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 10:10 a.m., on Tuesday, October 25, 2011, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102, with Council Member Moss absent.
II. INVOCATION m Reverend Jason Hamilton, [JniversiL [Jnited Methodist Church
The invocation was provided by Reverend Jason Hamilton, University United Methodist Church.
I <
The Pledge of Allegiance was recited.
CONSIDERATION < OCTOBER
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman
that the minutes of the regular meeting of October 18, 2011, be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 2 of 29
There were no items to be withdrawn from the Consent Agenda.
City Manager Tom Higgins requested that Mayor and Council Communication No. G -17424 be
withdrawn from consideration.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman
that the Consent Agenda be approved. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Moss absent.
A. General - Consent Items
1. M &C G -17416 - Authorize Transfer of $1,092,896.00 from the Information Systems
Capital Proiects Fund to the General Debt Service Fund for Fiscal Year 2012
Interest Payments on Tax Notes Issued in 2011 for the Upgrade of the City's Public
Communication System.
The City Council approved the following recommendation: Authorize the Transfer of
$1,092,896.00 From the Information Systems Capital Projects Fund to the General Debt Service
Fund for Fiscal Year 2012 Interest Payments on the Tax Notes Issued in 2011 for the Upgrade of
the City's Public Communication System.
2. M &C G -17417 - Authorize Payment of Up to $300,000.00 from the Rental
Rehabilitation Program Fund to the United States Department of Housing and
Urban Development to Close Findings Regarding the Use of Community
Development Block Grant Funds and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Payment of Up to
$300,000.00 From the Rental Rehabilitation Program Fund to the United States Department of
Housing and Urban Development to Close Findings Regarding the Use of Community
Development Block Grant Funds; and Adopt Appropriation Ordinance No. 19943 -10 -2011
Increasing the Estimated Receipts and Appropriations in the Rental Rehabilitation Program Fund
From Income Currently Available in the Fund, for the Purpose of Paying the United States
Department of Housing and Urban Development.
3. M &C G -17418 - Approve Findings of Ground Transportation Coordinator
Regarding Application of Anointed Carrier Transportation to Operate One
Limousine within the City of Fort Worth and Adopt Ordinance Granting Such
Authority.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 3 of 29
(VII. CONSENT AGENDA Continued)
(G -17418 Continued)
The City Council approved the following recommendation: Consider and Adopt the Following
Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience
Require the Operation of One (1) Limousine Upon the City Streets, Alleys and Thoroughfares;
Anointed Carrier Transportation is Qualified and Financially Able to Conduct a Limousine
Service Within the City; Anointed Carrier Transportation has Complied With the Requirements
of Chapter 34 of the City Code; Anointed Carrier Transportation Presented Facts in Support of
Compelling Demand and Necessity for One (1) Limousine; the General Welfare of the Citizens
of the City Will Best be Served by the Addition of One (1) Limousine Upon City Streets, Alleys
and Thoroughfares; and Adopt Ordinance No. 19948 -10 -2011 Granting the Privilege of
Operating Authority to Anointed Carrier Transportation, for the Use of the Streets, Alleys and
Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist
of the Operation of One (1) Limousine, for a Three (3) Year Period Beginning on the Effective
Date Subject to and Conditioned on Anointed Carrier Transportation Complying With All
Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as
Amended.
4. M &C G -17419 - Adopt Capital Improvements Plan Citizen Advisory Committee's
Semi - Annual Progress Report Concerning the Status of the Water and Wastewater
Impact Fees.
The City Council approved the following recommendation: Adopt the Capital Improvements
Plan Citizen Advisory Committee's Semi - Annual Progress Report Concerning the Status of the
Water and Wastewater Impact Fees.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11310 - Authorize Purchase of a SmartChem 200 Automated Discrete
Analyzer from Westco Scientific Instruments, Inc., for the Water Department in the
Amount of $61,125.00.
The City Council approved the following recommendation: Authorize the Purchase of a
SmartChem 200 Automated Discrete Analyzer From Westco Scientific Instruments, Inc., for the
Water Department in the Amount of $61,125.00.
2. M &C P -11311 - Authorize Purchase Agreement for Heating, Ventilation and Air
Conditioning Filters with Air Relief Technologies, Inc. d /b /a Tex -Air Filter
Manufacturing, for all City Departments in the Amount of $60,000.00 for the First
Year.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 4 of 29
(VII. CONSENT AGENDA Continued)
(P -11311 Continued)
The City Council approved the following recommendation: Authorize a Purchase Agreement for
Heating, Ventilation and Air Conditioning Filters With Air Relief Technologies, Inc., d /b /a Tex -
Air Filter Manufacturing, for All City Departments in the Amount of $60,000.00 for the First
Year, Based on Overall Low Bid Meeting Specifications.
3. M &C P -11312 - Authorize Purchase of a Ford F -550 Pierce Contender Patrol Unit
for the Fire Department from Martin Apparatus, Inc., Using a Houston - Galveston
Area Council Cooperative Contract for a Total Amount of $214,830.00.
The City Council approved the following recommendation: Authorize the Purchase of a Ford
F -550 Pierce Contender Patrol Unit for the Fire Department From Martin Apparatus, Inc., Using
Houston - Galveston Area Council Cooperative Contract No. FS12 -09 for a Total Amount of
$214,830.00.
4. M &C P -11313 - Authorize Purchase Agreement with Dell Marketing, L.P., for
Hardware, Software, Technology Services and Maintenance and Support Services
for the Information Technology Solutions Department Using a State of Texas
Department of Information Resources Contract in the Amount of $4,800,000.00 for
the First Year.
The City Council approved the following recommendation: Authorize a Purchase Agreement
With Dell Marketing, L.P., for Replacement and New Hardware, Software, Technology Services
and Maintenance and Support Services for the Information Technology Solutions Department
Using State of Texas Department of Information Resources Contract Number, DIR -SDD -890, in
the Amount of $4,800,000.00 for the First Year.
5. M &C P -11314 - Authorize Purchase of Two Ford F350 4x2 XL Fire Canine
Response Trucks from Chastang Enterprises, Inc. d /b /a Chastang's Bayou City
Ford, Using a Texas Association of School Boards Cooperative Contract for the
Fire Department for a Total Amount of $116,244.00.
The City Council approved the following recommendation: Authorize the Purchase of Two (2)
Ford F350 4x2 XL Fire Canine Response Trucks From Chastang Enterprises, Inc, d /b /a
Chastang's Bayou City Ford, Using the Texas Association of School Boards Contract No. 358 -10
for the Fire Department for a Total Amount of $116,244.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 5 of 29
(VII. CONSENT AGENDA Continued)
C. Land - Consent Items
1. M &C L -15270 - Authorize Execution of a Lease Amendment with Edward Traxson
d /b /a the Barber Shop, Inc., for Office Space Located at 6436 Meadowbrook Drive
B, for the Police Department at a Cost of $6,600.00 Per Year.
The City Council approved the following recommendation: Authorize Execution of a Lease
Amendment With Edward Traxson d /b /a The Barber Shop, Inc., for Approximately 1,020 Square
Feet of Office Space Located at 6436 Meadowbrook Drive B, for the Police Department at a
Cost of $6,600.00 Per Year.
2. M &C L -15271 - Authorize Sale of Ten 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 a Total of $49,881.53.
The City Council approved the following recommendation: Authorize Sale of Ten (10) Tax -
Foreclosed Properties Located at 1420 Arlington (E), Described as Lot 6, Block 14, Highland
Park Addition; 3406 Avenue N, Described as Lot 8, Block A, Millett Addition; 962 Daggett
Avenue (E), Described as Lot 6, Block 3, JL Williams Addition; 1400 Evans Avenue, Described
as Lot 1, Block 1, Greenwood Sub #2 Addition; 3301 Grove Street (N), Described as Lots 11 and
12, Block 69, Fostepco Heights Addition; 1014 Magnolia Avenue (E), Described as Lot 20C,
Eggleston Addition; 3121 Millet Avenue, Described as Lot 6, Block D, Millett Addition; 5115
Rosedale Street (E), Described as Abstract 117, Tract 22E, George N. Butts Addition; 5117
Rosedale Street (E), Described as Abstract 117, Tract 22F, George N. Butts Addition; and 5119
Rosedale Street (E), Described as Abstract 117, Tract 22G, George N. Butts Addition, in
Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of
the Texas Property Tax Code for a Total of $49,881.53; and Authorize Execution and Recording
of the Appropriate Instruments Conveying the Properties to the Highest Bidders in Compliance
With the Bid Form Specifications to Complete the Sale.
3. M &C L -15272 - Authorize Acquisition of Fee Simple Interest in 1.831 Acres of
Land for Right -of -Way and Easement Interests in 0.649 Acres for Two Permanent
Drainage Facilities Located on East First Street Between Haltom Road and
Oakland Boulevard from West Fork Partners, L.P., in the Amount of $56,400.00
and Pay the Estimated Closing Costs of $2,500.00 for a Total Cost of $58,900.00.
The City Council approved the following recommendation: Authorize the Purchase of a Fee
Simple Interest in 1.831 Acres of Land for Right -of -Way and Easement Interests in 0.649 Acre
for Two (2) Permanent Drainage Facilities Located in the A.C. Warren Survey, Abstract 1686,
Tract 2E and the James F. Redding Survey, Abstract 1304, Tract 2, also Known as 0000 East
First Street, Between Haltom Road and Oakland Boulevard, Fort Worth, Texas, From West Fork
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 6 of 29
(VII. CONSENT AGENDA Continued)
(L -15272 Continued)
Partners, L.P., in the Amount of $56,400.00 and Pay Closing Costs Up to $2,500.00; Find That
the Total Price of $56,400.00 is Just Compensation for the Acquisitions; and Authorize
Acceptance and Recording of Appropriate Instruments.
4. M &C L -15273 - Authorize Acquisition of Fee Simple Interest in 0.644 Acres of
Land for Right -of -Way and Easement Interest in 1.877 Acres for a Permanent
Drainage Facility Located on an Undeveloped Tract of Land on East First Street
Between Haltom Road and Oakland Boulevard from Tiggator, Inc., in the Amount
of $89,400.00 and Pay the Estimated Closing Costs of $3,500.00 for a Total Cost of
$92,900.00.
The City Council approved the following recommendation: Authorize Acquisition of a Fee
Simple Interest in 0.644 Acre of Land for Right -of -Way and an Easement Interest in 1.877 Acres
for a Permanent Drainage Facility Located in A.C. Warren Survey, Abstract 1686, Tract 2 and J.
Blackwell Survey, Abstract 148, Tract 1, also Known as 0000 East First Street, Between Haltom
Road and Oakland Boulevard, Fort Worth, Texas, From Tiggator, Inc., in the Amount of
$89,400.00 and Pay the Estimated Closing Cost of $3,500.00; Find That the Amount of
$89,400.00 Appraised Value is Just Compensation; and Authorize Acceptance and Recording of
Appropriate Instruments.
E. Award of Contract - Consent Items
1. M &C C -25238 - Authorize Execution of an Easement Encroachment Agreement
with Fort Worth Heart P.A,. for the Construction of a Concrete Retaining Wall
Proposed to Encroach Onto a Five Foot Utility Easement in the General Vicinity of
1700 Mistletoe Avenue.
The City Council approved the following recommendation: Authorize the Execution of an
Easement Encroachment Agreement With Fort Worth Heart P.A., for the Construction of a
Concrete Retaining Wall Proposed to Encroach Onto a Five (5) Foot Utility Easement in the
General Vicinity of 1700 Mistletoe Avenue.
2. M &C C -25239 - Authorize Execution of an Engineering Agreement with Dunaway
Associates, L.P., for the Engineering Services for the Infrastructure Improvements
Associated with the Hardy Street Single- Family Housing Proiect in the Amount of
$114,495.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 7 of 29
(VII. CONSENT AGENDA Continued)
(C -25239 Continued)
The City Council approved the following recommendation: Authorize Execution of an
Engineering Agreement With Dunaway Associates, L.P., for Engineering Services for
Infrastructure Improvements Associated With the Hardy Street Single - Family Housing Project
Located at 3601 Hardy Street and 3617 Hardy Street in the Amount of $114,495.00.
3. M &C C -25240 - Authorize Amendment No. 7 in the Amount of $15,020.00 to City
Secretary Contract No. 34093 an Engineering Agreement with Dunaway Associates,
L.P., for Street Reconstruction and Water and Sanitary Sewer Main Replacement
on College Avenue, Lipscomb Street, Orange Street and Wayside Avenue for a
Total Contract Amount of $319,188.00.
The City Council approved the following recommendation: Authorize Execution of Amendment
No. 7 to City Secretary Contract No. 34093 With Dunaway Associates, L.P., in the Amount of
$15,020.00 to Provide Additional Engineering Services and Plan Preparation for Street
Reconstruction and Water and Sewer Replacement on College Avenue, Orange Street, Lipscomb
Street and Wayside Avenue, Thereby Revising the Total Contract Amount to $319,188.00.
4. M &C C -25241 - Authorize Execution of Change Order No. 1 in the Amount of
$79,850.00 to City Secretary Contract No. 41763 with McClendon Construction
Company, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main
Replacement on Arnold Court, Blevins Street, Clarence Street East and Clarence
Street West for a Total Contract Cost of $804,134.16.
The City Council approved the following recommendation: Authorize the Execution of Change
Order No. 1 in the Amount of $79,850.00 to City Secretary Contract No. 41763 With
McClendon Construction Company, Inc., for Pavement Reconstruction and Water and Sanitary
Sewer Main Replacement on Arnold Court, Blevins Street, Clarence Street East and Clarence
Street West, Thereby Revising the Total Contract Amount to $804,134.16.
5. M &C C -25242 - Authorize Execution of Contract with Conatser Construction TX,
LP, in the Amount of $859,569.50 for the Milam Storm Drain Improvements.
The City Council approved the following recommendation: Authorize the Execution of a
Contract With Conatser Construction TX, LP, in the Amount of $859,569.50 for Construction of
the Milam Storm Drain Improvements.
6. M &C C -25243 - Authorize Execution of Change Order No. 3 in the Amount of
$516.54 to City Secretary Contract No. 40539 with S.J. Louis Construction of Texas
Ltd., for Harley Avenue and Crestline Drive Improvements, Resulting in a Total
Contract Amount of $4,701,209.65.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 8 of 29
(VII. CONSENT AGENDA Continued)
(C -25243 Continued)
The City Council approved the following recommendation: Authorize the Execution of Change
Order No. 3, Which Decreases Quantities for Items Relating to Paving Construction Resulting in
a Credit of $59,993.28 and Increases Quantities Related to Water and Sewer Construction
Increasing the Construction Cost by $60,509.77, Requiring Additional $22,238.00 in Funding for
Water, for a Net Change of $516.54 to City Secretary Contract No. 40539 With S.J. Louis
Construction of Texas, Ltd., for Water, Sewer, Storm Drainage and Associated Pavement Repair
on Harley Avenue and Crestline Drive, Thereby Increasing the Contract Amount to
$4,701,209.65.
7. M &C C -25244 - Authorize Execution of Change Order No. 1 in the Amount of
$155,451.95 to City Secretary Contract No. 41188 with JLB Contracting, LLC, for
Hot Mix Asphaltic Concrete Surface Overlay 2010 -15 Resulting in a Total Contract
Amount of $1,224,811.05.
The City Council approved the following recommendation: Authorize Execution of Change
Order No. 1 in the Amount of $155,451.95 to City Secretary Contract No. 41188 With JLB
Contracting, LLC, for Hot Mix Asphaltic Concrete Surface Overlay 2010 -15 on Erie Street,
From Rosedale Street to Hart Street; Hart Street, From Erie Street to Handley Drive; and Forest
Avenue, From Rosedale Street to Hart Street, Thereby Revising the Total Contract Amount to
$1,224,811.05
8. M &C C -25245 - Authorize Execution of Contract with Flagship Sweeping Services,
Inc., in the Amount of $204,744.43 for the Fiscal Year 2012 Street Sweeping
Program at Various Locations.
The City Council approved the following recommendation: Authorize Execution of a Contract
With Flagship Sweeping Services, Inc., in the Amount of $204,744.43 for One (1) Year, With
Two (2) One (1) Year Options to Renew Based Upon Satisfactory Performance for Street
Sweeping at Specified Locations.
9. M &C C -25246 - Authorize Agreement with the Texas Department of
Transportation for Installation of Traffic Signal Equipment Along State Highway
183 from Garza Avenue to Ridgmar Mall and on US 377 at Kermit Avenue /Garza
Avenue and Accept the Payment from Texas Department of Transportation in an
Amount Not to Exceed $70,226.00 for the Traffic Signal Equipment Furnished by
the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 9 of 29
(VII. CONSENT AGENDA Continued)
(C -25246 Continued)
The City Council approved the following recommendation: Authorize an Agreement With the
Texas Department of Transportation (TxDOT) for Installation of Traffic Signal Equipment
Along State Highway 183 From Garza Avenue to Ridgmar Mall and on US 377 at Kermit
Avenue /Garza Avenue and Accept the Payment From TxDOT in an Amount Not to Exceed
$70,226.00 for the Traffic Signal Equipment Furnished by the City.
10. M &C C -25247 - Authorize Execution of Change Order No. 6 in the Amount of
$120,074.00 for a Total Contract Amount of $47,310,135.67 to City Secretary
Contract No. 38806 with McCarthy Building Companies, Inc., for Construction of
the Westside Water Treatment Plant Located at 12200 Old Weatherford Road.
The City Council approved the following recommendation: Authorize Execution of Change
Order No. 6 in the Amount of $120,074.00 to City Secretary Contract No. 38806 With McCarthy
Building Companies, Inc., for Construction of the Westside Water Treatment Plant Located at
12200 Old Weatherford Road, Thereby Increasing the Contract Amount to $47,310,135.67.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS -1831 - Notice of Claims for Alleged Damages and /or Iniuries
End of Consent Agenda.
< < 1
1. Presentation of Proclamation of Fort Worth Magicians Club Week
Council Member Burns presented a Proclamation for Fort Worth Magicians Club Week to Mr.
Ash Adams, President, Fort Worth Magicians Club, and stated that magic was one (1) of the
oldest, wholesome and delightful forms of entertainment in the world which continued to provide
pleasure for people of all ages. He further stated that the Fort Worth Magicians Club, Inc., a non-
profit corporation whose purpose was to promote the art of magic illusion, i.e., sleight -of -hand,
prestidigitation, and legerdemain. He added that the club sought to display ethical behavior in the
presentation of magic to the public and in conduct as magicians in addition to promoting the
harmony in the magical arts. He pointed out that the club carried out educational programs that
benefited and increased the knowledge of the illusion arts to members. He also advised that the
Fort Worth Magicians Club, Ring 15 of the International Brotherhood of Magicians and
Assembly 138 of the Society of American Magicians, memorialized the deeply mourned death of
Harry Houdini on October 31, 1926. He further stated that Fort Worth joined municipalities
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 10 of 29
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #1 Continued)
across the nation in honoring Magic Rings and Assemblies made up of both professional and
amateur magicians who generously gave their time and talent for charitable purposes at hospitals,
schools, military bases, churches and nursing homes.
Mr. Adams expressed appreciation to the Mayor and Council for the Proclamation and
introduced other members of the club who were in attendance. He presented Mayor Price with a
magical walking stick that was hand carved by one (1) of the club members.
Mayor Pro tem Zimmerman presented a Proclamation for Tarrant County Housing Partnership
Day to Ms. Brandy O'Quinn, Executive Member, Tarrant County Housing Partnership Board of
Directors and Principal, Urban Strategies of Texas. He stated that Tarrant County Housing
Partnership, an affordable housing non - profit organization dedicated to making the American
dream of homeownership come true for hard - working Fort Worth residents and their families,
was celebrating its 20th anniversary. He further stated that Tarrant County Housing Partnership
had helped hundreds of first -time and first- generation Fort Worth homebuyers become proud,
successful and responsible homeowners, through a comprehensive housing counseling and
education program and homeownership training. He advised that Tarrant County Housing
Partnership had collaborated with community organizations, corporate partners and the City of
Fort Worth to revitalize distressed neighborhoods and had increased the amount of quality
affordable housing for low to moderate income families and individuals with special housing
needs. He pointed out that since October 1991, the Tarrant County Housing Partnership mission
had resulted in the creation of thousands of affordable housing units and more than $4 billion for
the economic development of Tarrant County.
Ms. O'Quinn expressed appreciation to the Mayor and Council for the proclamation and stated
they were honored to receive assistance from the city, county and federal government. She also
recognized Ms. Donna VanNess, President, Tarrant County Housing Partnership.
Council Member Burns expressed appreciation to the Tarrant County Housing Partnership for
their increased work in the community and stated he was a former employee of the organization.
L. Upcoming and Recent Events
Council Member Jordan congratulated Genesis United Methodist Church on their grand opening
of their new facility which was held October 23, 2011. He also expressed appreciation to the
Southwest High School Cross Country Track Team for picking up trash along Trinity Trail on
October 8, 2011.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 11 of 29
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued)
Council Member Burns announced that the 5th Annual Lonestar International Film Festival
( LSIFF) would be held November 9 -13, 2011, in Sundance Square. He introduced Mr. Alec
Jhangiani, Director, LSIFF, who provided an overview of the festival and encouraged everyone
to attend the event. He also advised that the LSIFF Stephen Bruton Award celebrated an artist
whose career, although anchored in music, included extraordinary achievement in film and
pointed out that this year the LSIFF was honored to bestow this recognition upon Willie Nelson.
He also announced that the Bullying Project, a documentary confronting one of the most
troubling issues in school systems today: the bullying crisis, would be showing at the festival and
encouraged everyone to find out more information by emailing info @lonestarfilmsociety.com.
Council Member Burns advised that the show time for the Bullying Project was
November 13, 2011, at 4:30 p.m., at AMC Palace 9, Theatre 4.
Mayor Price announced that the Saints and Sinners Tour would be held October 29 -30, 2011, at
Oakwood Cemetery, located at 701 Grand Avenue, and encouraged everyone to attend the event.
She also announced that the first Digital Town Hall meeting would be held on October 26, 2011,
at 6:00 p.m., and encouraged everyone to send questions via twitter or to
TownHall @fortworthtexas.gov. She also announced that the United Way Campaign had
officially begun for City and County employees. She encouraged everyone to contribute to
United Way and advised that a friendly competition was being held between the City of Fort
Worth and Tarrant County. She stated that if the City lost the competition she would have to
pedal Tarrant County Judge Glen Whitley around Sundance Square in a pedi -cab.
2. Recognition of Citizens
There were no citizens recognized at this time.
w
Motion: On behalf of Council Member Moss, Council Member Scarth made a motion,
seconded by Council Member Shingleton that Gloria Smith be reappointed to Place
5 on the Library Advisory Board, effective October 25, 2011, with a term expiring
October 1, 2013. The motion carried unanimously eight (8) ayes to zero (0) nays,
with Council Member Moss absent.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton
that the following individuals be appointed and reappointed to Fort Worth
Commission for Women, effective October 25, 2011, with terms expiring
October 1, 2013. The motion carried unanimously eight (8) ayes to zero (0) nays,
with Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 12 of 29
(XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued)
New Appointments:
Place 10, Ms. Casey Dyer Oliver, Funding Information Center
Place 12, Ms. Mary Margaret Rangel, UNT Health Science Center
Place 15, Ms. Susan Dougherty, American Association University Women — Tarrant County
Place 18, Ms. Jerrie Schubert, Texas Business Women
Reappointments:
Place 11, Ms. Rana Lambdin, Plaza Medical Center
Place 13, Ms. Barbara Cager, Delta Sigma Theta Sorority, Inc
Place 14, Ms. Elisa Naj era, Hispanic Women's Network
Place 16, Ms. Eboney Cobb, Fort Worth Chapter, The Links
Place 17, Ms. Cynthia Smith, Girl Scouts, Fort Worth Region
I
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department introduced Ms.
Johanna McCully- Bonner, Vice Chair of the Board of Adjustment — Commercial. She also
recognized Mr. Emilio Sanchez, Senior Planner, Planning and Development Department and Ms.
Melinda Ramos, Assistant City Attorney II, Law Department, who provided staff support to the
Board and advised that former Chair Bob West had been recently appointed to the City Zoning
Commission.
Ms. McCully- Bonner appeared before Council and advised of the Board of Adjustment —
Commercial mission and provided a brief summary of goals and objectives of the board.
Council Member Hicks expressed appreciation to Ms. McCully- Bonner, District 8 appointee, for
her service on the Board of Adjustment — Commercial and to the community.
XIII. RESOLUTIONS
Authorizing 1. A Resolution
Section 108 Loan for the Mercado
Proiect, I 'Guaranteed, I by the United, 1 Hqpsing and Urban
Development.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Resolution No. 4039 -10 -2011 be adopted. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 13 of 29
......,
c c
The City Council reappointed the person listed below to the Board of Directors of Tax Increment
Reinvestment Zone Number Three (3) for a term beginning on the date of adoption of this
Resolution and expiring as indicated below:
Zim Zimmerman
EXPIRATION OF TERM
December 31, 2011
The City Council resolved that the person listed below shall continue to serve on the Board for
the remainder of his term:
Joel Burns
EXPIRATION OF TERM
December 31, 2011
The City Council acknowledged that the following persons have been appointed to the Board by
the following entities for terms expiring on the dates indicated below:
Carlos Vasquez
Roy Brooks
Mark McClendon
Scott Rule
Linda Christie
Lon Burnam
Charles Boswell
APPOINTING ENTITY
Fort Worth ISD
Tarrant County
Tarrant County College District
Tarrant County Hospital District
Tarrant Regional Water District
State Representative
State Senator
EXPIRATION OF TERM
December 31, 2012
December 31, 2012
December 31, 2011
December 31, 2011
December 31, 2011
December 31, 2012
December 31, 2011
The City Council appointed Zim Zimmerman as the Board's chairperson for the remainder of
calendar year 2011.
The City Council appointed the persons listed below to the Board for terms beginning on
January 1, 2012, and expiring as indicated below:
EXPIRATION OF TERM
Zim Zimmerman December 31, 2013
Joel Burns December 31, 2013
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman
that Resolution No. 4040 -10 -2011 be adopted. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 14 of 29
. A Resolution Reappointing and Appointing embers to the Fort Worth
Transnortation Author Authorily xecutive Committee.
The City Council reappointed the persons listed below to the Fort Worth Transportation
Authority Executive Committee for a term of one (1) year from October 1, 2011, to September
30, 2012.
COUNCIL DISTRICT
NAME
COUNCIL MEMBER
2
Rosa Navej ar
Sal Espino
3
Gary Havener
Zim Zimmerman
4
Gary Cumbie
Danny Scarth
6
Jesse P. Martinez
Jungus Jordan
8
Janet Saltsgiver
Kathleen Hicks
9
Mike Brennan
Joel Burns
The City Council appointed the persons listed below to the Fort Worth Transportation Authority
Executive Committee for a term of one (1) year from October 1, 2011, to September 30, 2012.
COUNCIL DISTRICT NAME COUNCIL MEMBER
5 Maurice Barnes Frank Moss
7 Steve Berry Dennis Shingleton
Motion: Council Member Burns made a motion, seconded by Council Member Hicks that
Resolution No. 4041 -10 -2011 be adopted. The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Moss absent.
XIV. REPORT OF THE CITY MANAGER
B. General
4 4-4 of the Cit_y.�Goejo
Allow Alcoholic I 4 Alston
HEARING) , .,
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.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 15 of 29
(G -17401 Continued)
a. Report of Citv Staff
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and provided a staff report.
b. Citizen Presentations
Mr. Joseph and Mrs. Nora Bialek, 1312 Washington Avenue, appeared before Council in support
of Mayor and Council Communication No. G -17401 and stated that they had purchased and
remodeled a dilapidated shotgun house located at 1314 Alston Avenue. They advised that their
original plan was to demolish the house and build a new structure and the Historic Fairmont
Neighborhood Association had requested they renovate the house since it was the last historic
shotgun house in Fort Worth. They stated that the original use as a restaurant or bar was
supported and approved by the former Fairmont Neighborhood Association President. They
advised that after completion of the renovation, the Fairmont Neighborhood Association
leadership changed and they did not have the support of the neighbors for use of the house as a
restaurant or bar. They displayed photographs of the renovation process, the neighborhood and
other similar restaurants and bars in the area that were located next door to residential properties.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -17401 and stated that the neighbors did not support the use of a
residential property as a commercial use. They pointed out that a home located in a residential
neighborhood should not share a property line with a restaurant or bar. They added that the
apartments located across the street from the property had just been renovated to fit with the
neighborhood requirements. They also advised that this property was too close to an elementary
school and would negatively impact the property values and create more parking issues in an
area that did not have enough parking to begin with.
Mr. Sean Lynch, President, Fairmont Neighborhood Association, 1601 College Avenue
Mr. Tom Malone, 1317 Alston Avenue
The following individuals completed speaker cards in opposition to Mayor and Council
Communication No. G -17401 and were recognized by Mayor Price, but were not present in the
Council Chamber.
Mr. Christopher Brassard, 1200 South Adams Street
Mr. James Gorski, 1316 Alston Avenue
Council Member Burns advised that Texas law prohibited the sale of alcohol within 300 feet
from schools. He further advised that the City received a letter from the attorney for the Fort
Worth Independent School District in opposition of this item. He stated that he would not
support this item. He also stated that Mr. and Mrs. Bialek had a significant monetary investment
in the property and encouraged the neighbors to work with the property owners to compromise
on a use that would be compatible with the residential area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 16 of 29
(G -17401 Continued)
C. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Hicks that
Mayor and Council Communication No. G -17401 be denied. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent.
G-17420 Authorize Acceptance of Monetary Donations in the Amount
$5,000.00 from Communi!l Bank
Adopt Appropriation
The recommendation was that the City Council Authorize Acceptance of Monetary Donations in
the Amount of $5,000.00 From Community Bank for the Employee Idea /Incentive Program; and
Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the General Fund Upon Receipt of the Donation, for the Purpose of Funding
the Program.
Mayor Price advised that this was an excellent opportunity to encourage suggestions from City
employees to create either a direct tangible, such as those that could be taken directly from the
budget for materials needed for a project, or indirect tangible, such as efficiencies, time and labor
savings and cost savings to the City. She stated that the top (5) five winners would be awarded a
cash prize.
Motion: Council Member Jordan made a motion, seconded by Council Member Hicks that
Mayor and Council Communication No. G -17420 be approved with appreciation
and Ordinance No. 19945 -10 -2011 be adopted. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Moss absent.
G-17421 - Authorize Entering into Settlement Agreement with Former
Employee Karen Montgomery.
The recommendation was that the City Council Authorize the City Manager to Enter into a
Settlement Agreement With Former Employee Karen Montgomery for Payment in the Amount
of $94,076.97.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns
that Mayor and Council Communication No. G -17421 be approved. The motion
carried seven (7) ayes to one (1) nay, with Council Member Hicks casting the
dissenting vote and Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 17 of 29
The recommendation was that the City Council Adopt an 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 Section 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 Sections 15 -35 and 15 -42 to Provide for Best Management Practices Pursuant
to State Law.
Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to Mayor and
Council Communication No. G- 17422. He pointed out the harmful effects of drilling on the land,
air and water and encouraged the City to perform more testing. He also stated that drilling was
having a negative impact on home and property values and stated they wished to have an
enjoyable place to live. He stated concerns about salt water disposal wells and the amount of
water it took to drill. He expressed concerns on the definition of protected uses and the
grandfathering of setbacks and stated that drilling should not occur any closer than what the
current ordinance allowed. He urged the City to conduct more public outreach on this matter and
carefully review the proposed changes and include the citizen suggestions before approving any
revisions or amendments and advised that the proposed changes did not protect the City.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G- 17422. They stated that the amendments would make the parameters too
confining for drilling companies which would lead to lost business and revenue. They stated that
the study conducted by ERG confirmed that the public was not in danger and the drilling
companies had complied with all city, state and federal laws. They pointed out that companies
would choose not to operate in the City if there were too many restrictions and if the costs were
too high. They also advised that the higher cost of drilling would cause the royalties paid to the
property owners, who were harvesting the minerals, to decrease. They stated the current
ordinance was safe and protected the citizen interest and encouraged Council to deny the
proposed changes.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 18 of 29
(G -17422 Continued)
Mr. Bob Manthei, XTO Energy, 810 Houston Street
Ms. Chelsea Bacher, CLEAN Resources, 5601 Bridge Street, Suite 351
Ms. Jenna Gleaton, CLEAN Resources, 4200 Bridgeview Drive, Apartment 1333
Mr. Edward Brown, 2616 Lena Street, appeared before Council in opposition to Mayor and
Council Communication No. G -17422 and advised that the noise coming from the pad site near
his home was disturbing him during all hours of the day. He also advised that he had received a
notice that a company would be conducting seismic testing in the area. He stated that the testing
had cracked the floors in his home and the sidewalk outside his residence. He stated that a
representative from the company had viewed the damage and advised that it had occurred due to
the drought and had not offered any other assistance.
Mayor Price referred Mr. Brown to Mr. Rick Trice, Assistant Director, Planning and
Development Department, for resolution.
Mr. Gary Hogan, 2117 Rolling Creek Run, completed a speaker card in opposition to Mayor and
Council Communication No. G -17422 and was recognized by Mayor Price, but was not present
in the Council Chamber.
Mayor Pro tem Zimmerman and Council Members Jordan, Burns, Shingleton, Espino, Hicks,
and Scarth all expressed appreciation to everyone for voicing their concerns at the public
hearings and through email and phone calls. They stated that all of the comments were
constructive and raised valid points. They pointed out that the ERG Study prompted the review
of the ordinance even though the study confirmed there was no immediate health concern to the
public. They added that the North Central Texas Council of Governments had worked with a
number of citizen and community groups regarding air quality and that gas drilling should not be
singled out but also should not be adding to the air quality issues. They also expressed
appreciation to the gas well drilling companies for reviewing the best practices for the industry
and revising their procedures. They also stated that restrictions should not be placed on access to
the Council by the gas well drilling companies. They added that there were a number of
important issues to discuss and requested more time for Council discussion and public outreach
to all stakeholders before any decisions were made.
Council Member Espino stated he would support the denial of this amendment and he would also
support continuing the moratorium on salt water disposal wells. He requested a report by City
staff on a possible pilot program for a salt water disposal well in north Fort Worth in the Alliance
Corridor near the I -35 industrial area. He stated that the area could be an appropriate place for a
salt water disposal well and the discussions should be kept open at this time.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan
that Mayor and Council Communication No. G -17422 be denied. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 19 of 29
G-17425- c c
.Ck4,p,�prsjq.and 22 of the Fort Worth
City Code Relating to the Regulation of Commercial Vehicle Parking, Parking
Met ers and Parking Enforcement.
The recommendation was that the City Council Adopt an Ordinance Amending the Code of the
City of Fort Worth, Texas, (1986), as Amended, to Make Revisions Regarding Parking Meters
by Amending Chapter 10 "Courts ", Article 11 "Parking Violations Bureau ", Sections 10 -22
"Enforcement" and 10 -26 "Fines and Fees" and Chapter 22 "Motor Vehicles and Traffic ",
Article I "In General" Section 22 -1 "Definitions ", Article VI "Stopping, Standing and Parking ",
Division 1 "Generally ", Sections 22 -158.1 "Commercial Loading Zone ", 22 -162.1 "Parking of
Oversize Commercial Vehicles Unlawful on Private Property ", 22 -167 "Unattended Motor
Vehicle ", 22 -169 "Owner Prima Facie Responsible for Illegal Parking" and Division 2 "Parking
Meters ", Section 22 -191 "Establishment of Zones and Maximum Parking Time Therein;
Establishment of Fees ".
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 20 of 29
(G -17425 Continued)
Motion: Council Member Hicks made a motion, seconded by Council Member Burns that
Mayor and Council Communication No. G -17425 be approved and Ordinance No.
19947 -10 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero
(0) nays, with Council Member Moss absent.
The recommendation was that the City Council Adopt a Resolution Adopting a Plan for the City
of Fort Worth Which Documents City Compliance With Title VI of the Federal Civil Rights Act
of 1964 and Subsequent Acts That Protect Individuals, Groups and Organizations From
Discrimination on the Basis of Race, Color or National Origin to Apply When the City
Participates in Federally Assisted Transportation Related Programs and Activities Generally
Administered by the Texas Department of Transportation.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. G -17426 be approved and Resolution No.
4042 -10 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero
(0) nays, with Council Member Moss absent.
The recommendation was that the City Council Authorize the Acceptance of a Gift From the
Friends of the Fort Worth Nature Center and Refuge, Inc., of Haying Equipment Valued at
$21,298.00 for the Purpose of Assisting the Nature Center Staff in the Care of the Bison Herd.
Council Member Shingleton expressed appreciation to the Friends of the Fort Worth Nature
Center and Refuge, Inc., for the generous gift.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan
that Mayor and Council Communication No. G -17427 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
10. M&C G-17428 - Authori4p.A��pptance of a M9petary.Gift from the Friends of the
Fort Worth Nature Center and Refug
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 21 of 29
(G -17428 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 22 of 29
C. Purchase of Equipment, Materials, and Services
P-11315 - Authorize Rejection of All Pro osals Received for Outso rci
the Citv's Mailroom Operations.
The recommendation was that the City Council Authorize the Rejection of All Proposals
Received for the Outsourcing of the City's Mailroom Operations.
Motion: Council Member Bums made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. P-11315 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
2. M&C P-11316 - Authorize a Sole Source Purchase Agreement With Vigilant Vi
Inc., for License Plate Reader Systems, Software Licenses and Related Services for
the Police Department Using Homeland Security Grant Funds in the Amount of
$164,674.00 for the First Year.
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: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth
that Mayor and Council Communication No. L-15274 be approved. The motion
carried seven (7) ayes to zero (0) nays, with (1) abstention by Council Member
Jordan and Council Member Moss absent.
The recommendation was that the City Council Declare That Negotiations Between the City and
the Landowner Were Unsuccessful Due to the Inability to Agree on a Purchase Price to Acquire
a Fee Simple Interest in 0.309 Acre of Land Needed for Right -of -Way and Temporary Easement
Interest in 0.518 Acre for Construction on Land Owned by Barry Gross Located on the
Southwest Corner of West Hurst Boulevard and Precinct Line Road also Known as 000 West
Hurst Boulevard in Abstract 1528, Tract 3A, Allen S. Trimble Survey, City of Hurst, Tarrant
County, Texas, for the Widening of the Roadway From a Two (2) Lane Undivided Section to a
Four (4) Lane Divided Section From State Highway 10 to Concho Trail for the Precinct Line
Road Project; Declare the Necessity to Acquire a Fee Simple Interest and an Easement Interest in
the Subject Property by Means of Condemnation by Eminent Domain for the Widening of
Precinct Line Road; Authorize the City Attorney to Institute Condemnation by Eminent Domain
Proceedings to Acquire the Easement Interests in the Property; and Authorize Acceptance and
Recording of Appropriate Instruments.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton
that the Fort Worth City Council authorize the use of the power of eminent domain
to acquire a 0.309 acre tract of land for right -of -way acquisition and a 0.518 acre
tract of land for a temporary construction easement out of Abstract 1528, Tract 3A,
Allen S. Trimble Survey also known as 000 West Hurst Boulevard on the
Southwest corner of West Hurst Boulevard and Precinct Line Road to be used for
the widening of the roadway from a two -lane undivided section to a four (4) land
divided section from State Highway 10 to Concho Trail for the Precinct Line Road
project and that Mayor and Council Communication No. L -15275 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Moss absent.
E. Planning & Zoning
1. M&C PZ-2959 - Institution of the Annexation Adoption
the d Annexation of c c
Transportation Facifily Near State Highway 4 c
The recommendation was that the City Council Institute and Consider the Adoption of an
Ordinance Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 24 of 29
(PZ -2959 Continued)
of the City of Fort Worth; Providing for the Annexation of an Approximately 38.2 Acre Tract of
Land Situated in the Jeremiah Ivey Survey, Abstract Number 649, Situated About 18.7 Miles
North 6 Degrees East of the Courthouse, Tarrant County, Texas (Case No. AX -11 -011) Which
Said Territory Lies Adjacent to and Adjoins the Present Corporate Boundary Limits of Fort
Worth, Texas; Providing That the Territory Annexed Shall Bear its Pro Rata Part of Taxes;
Providing That the Inhabitants Thereof Shall Have All the Privileges of All the Citizens of Fort
Worth, Texas.
Mr. Edward Eckart, 2405 Mustang Drive, Grapevine, Texas 76051, completed a speaker card in
support of Mayor and Council Communication No. PZ -2959, but did not wish to address the City
Council.
Motion: Council Member Espino made a motion, seconded by Council Member Scarth that
Mayor and Council Communication No. PZ -2959 be approved and Ordinance No.
19950 -10 -2011 be adopted. The motion carried unanimously (8) ayes to (0) nays
with Council Member Moss absent.
2. M&C PZ-2960 - Authorize Joint Ordinance and Boundary Agreement with the
City of River Oaks to Adjust the City Limit Boundaries Between
Worth and River Oaks by Disannexing Approximately Acres
White Settlement Road and West of Churchill Street, BAX-11-015, Castleberry
High School.
The recommendation was that the City Council Authorize a Joint Ordinance and Boundary
Agreement With the City of River Oaks Whereby the Cities of Fort Worth and River Oaks
Mutually Agree on a Realignment of the City Limit Boundary by Disannexing and
Discontinuing From the Fort Worth Corporate Limits Approximately 5.7 Acres of Land, Located
North of White Settlement Road and West of Churchill Street; and Authorize the Mayor to
Execute the Joint Ordinance and Boundary Agreement.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan
that Mayor and Council Communication No. PZ -2960 be approved and Ordinance
No. 19951 -10 -2011 be adopted. The motion carried unanimously eight (8) ayes to
zero (0) nays, with Council Member Moss absent.
F. Award of Contract
�..
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 25 of 29
(C -25234 Continued)
The recommendation was that the City Council Authorize Agreement With the United Way of
Tarrant County in the Amount of $2,393,356.00 for the Implementation of Programs Described
as the City's Responsibility in Directions Home, the City's Homelessness Plan; Authorize
Extension or Renew the Agreement for Up to One (1) Year if the United Way of Tarrant County
Requests an Extension and it is Necessary for the Completion of the Program; and Authorize
Amending the Agreement if Necessary to Achieve Program Goals Provided that the Amendment
is Within the Scope of the Program and in Compliance With Applicable Laws.
Council Member Hicks advised she had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns
that Mayor and Council Communication No. C -25234 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by
Council Member Hicks and Council Member Moss absent.
The recommendation was that the City Council Authorize Acceptance of Monetary Sponsorships
for the Human Relations Unit in the Amount of $500.00 From Goodwill Industries of Fort
Worth, $250.00 From the Fort Worth Convention and Visitors Bureau and $500.00 From the
Fort Worth Botanical Society to Support the Operation and Production of the Fort Worth Human
Relations Commission's Movies That Matter Film Series; and Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the
Amount of $1,250.00, Subject to Receipt of Monetary Sponsorships From Various
Organizations, for the Purpose of Funding the Human Relations Commission's Movies That
Matter Film Series.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25248 be approved and Ordinance
No. 19952 -10 -2011 be adopted. The motion carried unanimously eight (8) ayes to
zero (0) nays with Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 26 of 29
Authorize , . .. c
w
Gatherin2 Pj�eiine'Across Hodgkins Road.
The recommendation was that the City Council Authorize the Execution of a Public Right -of-
Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a
Natural Gas Gathering Pipeline Across Hodgkins Road, North of Lawrence Lake Road, for a
One (1) Time License Fee of $3,780.00.
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth
that Mayor and Council Communication No. C -25249 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
4 Authorize R , i Agreement Services, L.L.C., a License to Construct and
..... ......... ......... ........, .......,
Operate a Natural Gas Gathering Pipeline Across Marine Meadows Drive
Drive. Ridge
The recommendation was that the City Council Authorize the Execution of a Public Right -of-
Way Use Agreement With Texas Midstream Gas Services, L.L.C., Granting a License to
Construct and Operate a Natural Gas Gathering Pipeline Across Marine Meadows Drive, East of
Boat Club Road, and Across Hill Ridge Drive, West of Boat Club Road, for a One (1) Time
License Fee of $6,284.25.
1 1
The recommendation was that the City Council Authorize the Execution of a Standard
Encroachment Agreement With the Fort Worth Independent School District for the Installation
of Data and Phone Cable Conduit to be Bored Beneath the Street Right -of -Way at 3000 Shotts
Street.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth that
Mayor and Council Communication No. C -25251 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent.
6. M&C C-25252 - Authorize Execution of Contract with JLB Contracting LLC �
the Amount
19 at Ten Locations and A t �. .. 1 .
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 27 of 29
(C -25252 Continued)
The recommendation was that the City Council Authorize Transfer of $409,984.80 From the
Water and Sewer Fund in the Amounts of $245,990.88 to the Water Capital Projects Fund and
$163,993.92 to the Sewer Capital Projects Fund; 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 Hot Mix Asphalitc
Concrete Surface Over 2011 -19 at Various Locations; and Authorize Execution of a Contract
With JLB Contracting, LLC, in the Amount of $1,024,962.00 for 110 Calendar Days for Hot
Mix Asphaltic Concrete Surface Overlay 2011 -19.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25252 be approved and Ordinance
No. 19953 be adopted. The motion carried unanimously eight (8) ayes to zero (0)
nays, with Council Member Moss absent.
Authorize Agreement
with Oncor Electric Delivery Residential Subdivision at No Cost to the Cily.
,e ty Located Near
Chambrav and Horseman Roads for the West Fork Ranch Phase One New
The recommendation was that the City Council Authorize the Execution of an Easement
Encroachment Agreement With Oncor Electric Delivery Company, LLC, for Use of Their
Existing Easement in West Fork Ranch, Milly Gilbert Survey, Abstract 565, to Construct an
Eight (8) Inch Water Line and Two (2) Right -of -Way Crossings for Property Located Near
Chambray and Horseman Roads for the West Fork Ranch Phase One (1) New Residential
Subdivision at No Cost to the City.
Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman
that Mayor and Council Communication No. C -25234 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with one (1) abstention by
Council Member Scarth and Council Member Moss absent.
V. ZONING HEARING
It appeared that the City Council at its regular meeting on September 20, 2011, continued Zoning
Docket No. ZC -11 -052.
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
OCTOBER 25, 2011
Page 28 of 29
PartPprs,,,.LTW,,.P7W.block of Private
Heavv Industrial. (Recommended for ADDroval) (Continued from a Previous
Me
Mr. Edward Eckart, 2405 Mustang Drive, Grapevine, Texas 76051, completed a speaker card in
support of Zoning Docket No. ZC -11 -052, but did not wish to address the City Council.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Zoning Docket No. ZC -11 -052 be approved. The motion carried unanimously
(8) ayes to (0) nays with Council Member Moss absent.
There being no one else present desiring to be heard in connection with the recommended
changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a
motion, seconded by Council Member Shingleton, that the hearing be closed and that the
following ordinance be adopted:
ORDINANCE NO. 19954 -10 -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 eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
XVI. CITIZEN PRESENTATIONS
The following individuals appeared before Council regarding Occupy Fort Worth — Burnett Park
and read the organization's declaration of occupation. They stated that they were exercising their
first amendment right to peacefully assemble and protest income inequality and corporate
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 25, 2011
Page 29 of 29
(XVI. CITIZEN PRESENTATIONS Continued)
influence over government. They advised that the protesters wanted to coexist peacefully with
local authorities but were not willing to allow their right to demonstrate be violated.
Ms. Denise Caspersen, 2736 Carter Avenue
Ms. Michelle Dooley, 1716 Thomas Place, completed a citizen presentation card relative to
Occupy Fort Worth — Burnett Park, but deferred her three (3) minutes of time to Ms. Jones.
Ms. Joe Jones, 6340 Lake Worth Boulevard (also displayed a sign that detailed the ratio of top
executives to employees around the world)
Mayor Price recessed the regular meeting back into Pre - Council meeting at 11:55 a.m., to
complete the following Agenda items:
7. Update on Enterprise Resource Planning
8. City Council Requests for Future Agenda Items and /or Reports
Mayor Price adjourned the Pre - Council meeting and reconvened the regular meeting at
12:18 p.m.
XVIII. ADJOURNMENT
There being no further business, Mayor Price adjourned the meeting at 12:18 p.m.
These minutes approved by the Fort Worth City Council on the 1St day of November, 2011.
�Atte st:
Marty Rendrix
City Secretary
Approv
Betsy P 'ce
Ma