HomeMy WebLinkAbout2011/12/06-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Present:
Mayor Pro tem W. B. "Zim" Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Daniel 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:
Mayor Betsy Price
Council Member Frank Moss, District 5
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Ronald P. Gonzales, Assistant City Secretary
I. CALL TO ORDER
With a quorum of the City Council Members present, Mayor Pro tem Zimmerman called the
regular session of the Fort Worth City Council to order at 7:04 p.m., on Tuesday,
December 6, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000
Throckmorton Street, Fort Worth, Texas 76102, with Mayor Price and Council Member Moss
absent.
II. INVOCATION - Dr. Michael Dean, Travis Avenue Baptist Church
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 2 of 37
There were no items to be withdrawn from the Consent Agenda.
I 1 1 c I 913 1 11
There were no items to be continued or withdrawn by staff.
1�
Motion: Council Member Scarth made a motion, seconded by Council Member Espino that
the Consent Agenda be approved. The motion carried unanimously seven (7) ayes
to zero (0) nays, with Mayor Price and Council Member Moss absent.
A. General - Consent Items
1. M &C G -17452 - Adopt Supplemental Appropriation Ordinance Increasing
Appropriations in the General Fund by $92,168.00 and Decreasing the Unaudited,
Unreserved, Undesignated Fund Balance by the Same Amount, and Authorize
Payment of $92,168.00 to Tarrant County for Publication Fees Related to
Delinquent Tax Collections.
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 19986 -12 -2011 Increasing the Estimated Receipts and Appropriations in the
General Fund in the Amount of $92,168.00, and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance by the Same Amount, for the Purpose of Paying Tarrant County for
Reimbursement of Publication Fees Related to Delinquent Tax Collections.
2. M &C G -17453 - Approve Findings of the Vehicle for Hire Review Board
Regarding Renewal Application of City Shuttle, LLC, to Operate Fifty Shuttles
Within the City of Fort Worth and Adopt Ordinance Granting Such Authority.
The City Council approved the following recommendation: Consider and Adopt the Following
Findings of the Vehicle for Hire Review Board: City Shuttle, LLC, has Performed Satisfactorily
Under the Terms of its Operating Authority; the Service Provided Continues to Meet the Public
Necessity and Convenience as Defined by Chapter 34 of the City Code; City Shuttle, LLC, is
Qualified to Conduct its Business and Continues to Comply With the Requirements of Chapter
34 of the City Code; the General Welfare of the Citizens of the City Will Best be Served by the
Addition of 50 Shuttles Upon City Streets, Alleys and Thoroughfares; and Adopt Ordinance No.
19987 -12 -2011 Granting the Privilege of Operating Authority to City Shuttle, LLC, for the Use
of the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Shuttle
Business, Which Shall Consist of the Operation of 50 Shuttles for a Three (3) Year Period
Beginning on the Effective Date, Providing for Written Acceptance by City Shuttle, LLC,
Subject to and Conditioned on City Shuttle, LLC, Complying With All Requirements of Chapter
34, Article VI of the Code of the City of Fort Worth (1986), as Amended.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 3 of 37
(VII. CONSENT AGENDA Continued)
3. M &C G -17454 - Approve Findings of Ground Transportation Coordinator
Regarding Renewal Application of Vantage Way, Inc., d /b /a Smith Limousine, to
Operate Six Limousines Within the City of Fort Worth and Adopt Ordinance
Granting Such Authority.
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 Six (6) Limousines Upon the City Streets, Alleys and Thoroughfares;
Vantage Way, Inc., d /b /a Smith Limousine is Qualified and Financially Able to Conduct a
Limousine Service Within the City; Vantage Way, Inc., d/b /a Smith Limousine has Complied
With the Requirements of Chapter 34 of the City Code; Vantage Way, Inc., d /b /a Smith
Limousine Presented Facts in Support of Compelling Demand and Necessity for Six (6)
Limousines; the General Welfare of the Citizens of the City Will Best be Served by the Addition
of Six (6) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopt Ordinance
No. 19988 -12 -2011 Granting the Privilege of Operating Authority to Vantage Way, Inc., d /b /a
Smith Limousine 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 Six (6) Limousines
for a Three (3) Year Period Beginning on the Effective Date, Providing for Written Acceptance
by Vantage Way, Inc., d /b /a Smith Limousine, Subject to and Conditioned on Vantage Way,
Inc., d /b /a Smith Limousine 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 -17455 - Authorize Acceptance of a Monetary Donation from Trinity
Baptist Temple in the Amount of $100.00 to the Police Department and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Acceptance of a Monetary
Donation of $100.00 From Trinity Baptist Temple; and Adopt Appropriation Ordinance
No. 19989 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust
Fund, From Available Funds, for the Purpose of Purchasing Equipment and /or Supplies, for the
Police Department.
5. M &C G-17456 - Adopt Resolution Establishing Minimum Training
Requirements, Ethics Standards, and Educational Standards for Municipal Court
Juvenile Case Managers Within the Municipal Court Services Department.
The City Council approved the following recommendation: Adopt Resolution No. 4045 -12 -2011
Adopting Ethical and Training Standards for Juvenile Case Managers Employed by the City of
Fort Worth, Providing for Implementation of Said Standards and Providing for Periodic Review
to Ensure Implementation of the Requisite Standards.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 4 of 37
(VII. CONSENT AGENDA Continued)
6. M &C G -17457 - Authorize Execution of a Construction Contract with Golf
Works, Inc., in the Amount of $508,289.89 for the Construction of a Six Hole
Practice Course at Rockwood Golf Course and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Adopt Appropriation Ordinance
No. 19990 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Golf Gas Lease
Capital Project Fund in the Amount of $493,142.00, From Available Funds, for the Construction
of a Six (6) Hole Practice Course at Rockwood Golf Course; and Authorize the Execution of a
Construction Contract With Golf Works, Inc., in the Amount of $508,289.89.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11326 - Authorize the Purchase of Refurbishing Services for Property
and Evidence Shelving from Southwest Solutions Group Using a Texas Multiple
Award Schedule Contract for the Police Department for an Amount of $52,074.85
Using Federal Awarded Assets Funds.
The City Council approved the following recommendation: Authorize the Purchase of
Refurbishing Services for Property and Evidence Shelving From Southwest Solutions Group
Using the Texas Multiple Award Schedule Contract TXMAS -2 -36030 for the Police Department
for an Amount of $52,074.85, using Federal Awarded Asset Funds.
2. M &C P -11327 - Authorize Purchase Agreement for Broadband Access Services
and Hardware with Cellco Partnership d /b /a Verizon Wireless, Using a General
Services Administration Contract for the Information Technology Solutions
Department in the Amount Not to Exceed $450,000.00 for the First Year.
The City Council approved the following recommendation: Authorize a Purchase Agreement for
Broadband Access Services and Hardware With Cellco Partnership, d /b /a Verizon Wireless,
Using General Services Administration Contract Number GS- 35F -0119P for the Information
Technology Solutions Department in the Amount Not to Exceed $450,000.00 for the First Year.
3. M &C P -11328 - Authorize an Amendment to the Purchase Agreement with
SecureWorks, Inc., for Network Security Services Through a General Services
Administration Contract for the Information Technology Solutions Department
Increasing the Amount by $190,717.00 for a Total Amount Up to $265,000.00.
The City Council approved the following recommendation: Authorize an Amendment to the
Purchase Agreement With SecureWorks, Inc., for Network Security Services Through a General
Services Administration Contract GS- 35F -0335V for the Information Technology Solutions
Department Increasing the Amount by $190,717.00 for a Total Amount Up to $265,000.00 for
the First Year.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 5 of 37
(VII. CONSENT AGENDA Continued)
C. Land - Consent Items
1. M &C L -15286 - Authorize Amendment to City Secretary Contract No. 35571 to
Extend the Purchase Agreement to Sell City -Owned Property in the Evans and
Rosedale Proiect Area to Cypress Equities I, LP.
The City Council approved the following recommendation: Amend the Purchase Agreement,
City Secretary Contract No. 35571 With Cypress Equities I, LP, to Extend the Purchase
Agreement an Additional 12 Months and if Necessary, Another Additional One (1) Year; and
Execute an Appropriate Deed Conveying the Property to Cypress Equities I, LP and Record the
Deed if Terms of the Option Agreement as Amended are Satisfied.
2. M &C L -15287 - Authorize Acquisition of a Fee Simple Interest in 0.5290 Acres
for Right -of -Way and an Easement Interest in 0.042 Acres for Two Permanent
Slope Easements for the Avondale Haslet Road Improvements Proiect, Near the
Burlington Northern Santa Fe Railroad Intersection, from Vista Crossroads I,
Ltd., for $99,300.00 and Pay the Estimated Closing Costs of $5,000.00 for a Total
Amount of $104,300.00.
The City Council approved the following recommendation: Authorize the Acquisition of Fee
Simple Interest in 0.5290 Acre for Right -Of -Way and an Easement Interest in 0.042 Acre for
Two (2) Permanent Slope Easements Located on Avondale Haslet Road Near the Intersection
With the Burlington Northern Santa Fe Railroad, Fort Worth, Texas, From Vista Crossroads I,
Ltd., Described as Abstract No. 990, Tract 3, B.R. Lacy Survey; Find That the Total Purchase
Price of $99,300.00 is Just Compensation; and Authorize the City Manager or his Designee to
Accept the Conveyances, Record the Appropriate Instruments and to Pay the Estimated Closing
Costs Up to $5,000.00.
3. M &C L -15288 - Authorize Acceptance of a Dedication Deed from Hillwood
Monterra, LP, at No Cost to the City of Fort Worth for 2.540 Acres of Land in the
William McCowen Survey, to Construct Monterra Boulevard West of Old Denton
Road.
The City Council approved the following recommendation: Authorize Acceptance of a
Dedication Deed From Hillwood Monterra, LP, at No Cost to the City of Fort Worth for 2.540
Acres of Land Located in the William McCowen Survey, Abstract No. 999, Tarrant County,
Texas, to Construct Monterra Boulevard West of Old Denton Road; and Authorize the City
Manager or his Designee, to Accept and Record the Appropriate Instruments to Complete the
Conveyance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 6 of 37
(VII. CONSENT AGENDA Continued)
4. M &C L -15289 - Accept Dedication of Approximately 2.606 Acres of Parkland
from Heritage Park Vista Housing Partners, Ltd., in Accordance with the
Neighborhood and Community Park Dedication Policy for Coventry Hills Park.
The City Council approved the following recommendation: Accept the Dedication of
Approximately 2.606 Acres of Parkland Described as Being a 2.606 Acres Parcel of Land
Situated in the Eli W. Shriver Survey, Abstract No. 1455, Intending to be All of Lot 2, Block 1,
and Being a Part of That Certain 16.035 Acres Tract of Land Conveyed to Heritage Park Vista
Housing Partners, Ltd., Tarrant County, Texas, From Heritage Park Vista Housing Partners, Ltd.,
in Accordance With the Neighborhood and Community Park Dedication Policy for Coventry
Hills Park.
5. M &C L -15290 - Accept Dedication of Approximately 25.7 Acres of Parkland and
Facility Improvements from D.R. Horton - Texas, Ltd., for Tehama Ridge Park,
3.181 Acres and Tehama Trails Park, 22.51 Acres.
The City Council approved the following recommendation: Accept the Dedication of
Approximately 25.7 Acres of Parkland and Facility Improvements Described as Tehama Trails
Park: Being 22.51 Acres of Land Situated in the William McCowan Survey, Abstract No. 999,
Being a Portion of That Certain Tract of Land (Tract 2k); and Tehama Ridge Park, Tarrant
County, Texas; a 3.181 Acres Tract of Land Situated in the William McCowan Survey, Abstract
No. 999, Intending to be All of Lot 24x, Block 17, Tarrant County, Texas, From D.R. Horton -
Texas, Ltd., in Accordance With the Neighborhood and Community Park Dedication Policy.
6. M &C L -15291 - Accept Dedication of Approximately 10.257 Acres of Parkland
and Facility Improvements from MDC -The Trails Limited Partnership for Trails
of Fossil Creek Park.
The City Council approved the following recommendation: Accept the Dedication of
Approximately 10.257 Acres of Parkland and Facility Improvements Described as a 10.257
Acres Tract of Land Situated in the H. Robertson Survey, Abstract No. 1259, Intending to be All
of Lot 20, Block J, and Being a Part of That Certain 221.457 Acres Tract of Land Conveyed to
MDC -The Trails Limited Partnership, Tarrant County, Texas, From MDC -The Trails Limited
Partnership in Accordance With the Neighborhood and Community Park Dedication Policy for
Trails of Fossil Creek Park.
E. Award of Contract - Consent Items
1. M &C C -25306 - Authorize Execution of an Amendment to Community Facilities
Agreement, City Secretary Contract No. 42183, with Lancaster Properties LLC,
and Authorizing City Participation in an Amount Not to Exceed $26,170.59 for
Construction of Twelve -Inch Sewer Main to Serve The Lancaster Apartments.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 7 of 37
(VII. CONSENT AGENDA Continued)
(C -25306 Continued)
The City Council approved the following recommendation: Authorize Execution of an
Amendment to Community Facilities Agreement, City Secretary Contract No. 42183, With
Lancaster Properties LLC, for the City to Participate in an Amount Not to Exceed $26,170.59 for
Construction of a 12 -Inch Sewer Main to Serve the Lancaster Apartments.
2. M &C C -25307 - Authorize Execution of an Agreement with Kimley -Horn &
Associates, Inc., in the Amount of $66,000.00 for Engineering Services to Design
the Garden Acres Bridge Phase I Improvements.
The City Council approved the following recommendation: Authorize Execution of an
Agreement With Kimley -Horn & Associates, Inc., in the Amount of $66,000.00 for Engineering
Services to Design the Garden Acres Bridge Phase I Improvements.
3. M &C C -25308 - Authorize Execution of Change Order Nos. 9 through 12 by the
Texas Department of Transportation Resulting in an Increased Contract Cost of
$93,103.60 for the Ongoing Construction of Golden Triangle Boulevard from
Interstate Highway 35W to United States Highway 377 for a Total Contract
Amount of $18,724,772.46.
The City Council approved the following recommendation: Authorize Execution of Change
Order Nos. 9 Through 12 by the Texas Department of Transportation for an Increase to the
Construction Contract in the Amount of $93,103.60 for the Construction of Golden Triangle
Boulevard From Interstate Highway 35W to United States Highway 377, Thereby Resulting in a
Contract Amount of $18,724,772.46. The Original Contract Amount From Glenn Thurman, Inc.,
was $19,069,431.42. These Change Orders are the Result of Changed or Unforeseen Conditions
Discovered in the Field After the Original Plans Were Completed.
4. M &C C -25309 - Authorize Acceptance of a Monetary Donation in the Amount of
$2,000.00 from Downtown Fort Worth Initiatives, Inc., Authorize an Addendum
to a Contract with Unified Fine Art Services, L.L.C., in an Amount Not to Exceed
$20,000.00 to Remove Artwork from General Worth Square and Authorize a
Sole- Source Agreement with Artist Cameron Schoepp for $77,774.00 to Acquire,
Store and Install Artwork at the Fort Worth Community Art Center Located at
1300 Gendy Street and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Acceptance of a Monetary
Donation in the Amount of $2,000.00 From Downtown Fort Worth Initiatives, Inc., to Assist
With Costs Associated in the Deinstallation and Transportation of an Artwork Entitled Hats by
Cameron Schoepp, Which is Currently Located at General Worth Square in Downtown Fort
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 8 of 37
(VII. CONSENT AGENDA Continued)
(C -25309 Continued)
Worth; Adopt Supplemental Appropriation Ordinance No. 19991 -12 -2011 Increasing the
Estimated Receipts and Appropriations in the Public Art Conservation Section of the Specially
Funded Capital Projects Fund, From Available Funds, Upon Receipt of a Donation From
Downtown Fort Worth Initiatives, Inc., for the Purpose of Assisting With Costs Associated With
the Deinstallation and Transportation of the Artwork; Authorize an Addendum With Unified
Fine Art Services, L.L.C., City Secretary Contract No. 40164, in an Amount Not to Exceed
$20,000.00 for Deinstallation of Artwork and Transportation to Storage; and Authorize a Sole -
Source Artwork Acquisition and Installation Agreement With Cameron Schoepp in the Amount
of $77,774.00 for Acquisition, Temporary Storage, Engineering, Site Preparation and Installation
of the Artwork at the Fort Worth Community Art Center Located at 1300 Gendy Street.
5. M &C C -25310 - Authorize Execution of Amendment No. 5 in the Amount of
$113,128.00 to City Secretary Contract No. 34801, an Engineering Services
Agreement with Teague Nall and Perkins, Inc., for the Design of Keller -Hicks
Road from Seven Hundred and Fifty Feet West of Ridgeview Street to Park Vista
Boulevard and North Beach Street from Golden Triangle to Keller -Hicks Road,
for a Total Contract Amount of $1,129,566.00.
The City Council approved the following recommendation: Authorize Execution of Amendment
No. 5 in the Amount of $113,128.00 to City Secretary Contract No. 34801, an Engineering
Services Agreement With Teague Nall and Perkins, Inc., for the Design of Keller -Hicks Road
From 750 Feet West of Ridgeview Street to Park Vista Boulevard and North Beach Street From
Golden Triangle to Keller -Hicks Road, Thereby Establishing a Total Contract Amount of
$1,129,566.00.
6. M &C C -25311 - Authorize Execution of Amendment No. 3 in the Amount of
$216,662.00 to City Secretary Contract No. 34445, an Engineering Services
Agreement with Freese & Nichols, Inc., for the Design of Precinct Line Road from
Hurst Boulevard, State Highway 10, to Concho Trail for a Total Contract
Amount of $1,109,538.00.
The City Council approved the following recommendation: Authorize the Execution of
Amendment No. 3 in the Amount of $216,662.00 to City Secretary Contract No. 34445 With
Freese & Nichols, Inc., for the Design of Precinct Line Road From Hurst Boulevard, State
Highway 10, to Concho Trail, for a Total Contract Cost of $1,109,538.00.
7. M &C C -25312 - Authorize Execution of an Agreement with HDR Engineering,
Inc., in the Amount of $320,556.00 for the Tony's Creek Open Channel Study.
The City Council approved the following recommendation: Authorize Execution of an
Agreement With HDR Engineering, Inc., in the Amount of $320,556.00 for the Tony's Creek
Open Channel Study.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 9 of 37
(VII. CONSENT AGENDA Continued)
8. M &C C -25313 - Authorize Execution of a Contract with Johnson Controls, Inc.,
in the Amount of $156,315.00 Plus $23,447.25 in Contingency for the Fort Worth
Convention Center Pump Gallery Revisions and Test Ports and Adopt
Supplemental Appropriation Ordinance.
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 19992 -12 -2011 Increasing the Estimated Receipts and Appropriations in the
Culture and Tourism Fund in the Amount of $179,762.25 and Decreasing the Unaudited,
Unassigned Culture and Tourism Fund Balance by the Same Amount, for the Purpose of
Funding the Fort Worth Convention Center Pump Gallery Revisions and Test Ports; and
Authorize the Execution of a Contract With Johnson Controls, Inc., in the Amount of
$156,315.00 Plus $23,447.25 in Contingency Using a Texas Multiple Award Schedule Contract
Number TXMAS -6- 840160 to Make Revisions to the Fort Worth Convention Center Pump
Gallery System and Install Test Ports.
9. M &C C -25314 - Authorize Execution of a Construction Contract with Tegrity
Contractors, Inc., in an Amount Up to $179,950.00 to Renovate the Police Auto
Pound Facility.
The City Council approved the following recommendation: Authorize the Execution of a
Construction Contract in an Amount Up to $179,950.00 With Tegrity Contractors, Inc., to
Renovate the Police Auto Pound Facility.
10. M &C C -25315 - Authorize Execution of a Contract with Alliance for Children,
Inc., for Fiscal Year 2012 Community -Based Program Funding from the Crime
Control and Prevention District Fund in the Amount of $12,576.00 to Operate
Protecting Children from Sexual Abuse: It's the Adult Thing to Do Program.
The City Council approved the following recommendation: Authorize Execution of a Contract
With Alliance for Children, Inc., for Fiscal Year 2012 Community -Based Program Funding
From the Crime Control and Prevention District Fund in the Amount of $12,576.00 to Operate
Protecting Children From Sexual Abuse: It's the Adult Thing to Do Program.
11. M &C C -25316 - Authorize Execution of a Contract with CASA of Tarrant
County, Inc., for Fiscal Year 2012 Community -Based Program Funding from the
Crime Control and Prevention District Fund in the Amount of $10,000.00 to
Operate a Supervising and Mentoring Court - Appointed Volunteers Who
Advocate for Abused and Neglected Children Program.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 10 of 37
(VII. CONSENT AGENDA Continued)
(C -25316 Continued)
The City Council approved the following recommendation: Authorize Execution of a Contract
With CASA of Tarrant County, Inc., for Fiscal Year 2012 Community -Based Program Funding
From the Crime Control And Prevention District Fund in the Amount of $10,000.00 to Operate a
Supervising and Mentoring Court- Appointed Volunteers Who Advocate for Abused and
Neglected Children Program.
12. M &C C -25317 - Authorize Execution of a Contract with Cassata High School for
the Fiscal Year 2012 Community -Based Program Funding from the Crime
Control and Prevention District Fund in the Amount of $20,000.00 to Operate a
Remedial Literacy and Math Program.
The City Council approved the following recommendation: Authorize Execution of a Contract
With Cassata High School for the Fiscal Year 2012 Community -Based Program Funding From
the Crime Control and Prevention District Fund in the Amount of $20,000.00 to Operate a
Remedial Literacy and Math Program.
13. M &C C -25318 - Authorize Execution of a Contract with Lena Pope Home, Inc.,
for Fiscal Year 2012 Community -Based Program Funding from the Crime
Control and Prevention District Fund in the Amount of $50,000.00 to Operate a
First Offender Program.
The City Council approved the following recommendation: Authorize Execution of a Contract
With Lena Pope Home, Inc., for the Fiscal Year 2012 Community -Based Funding From the
Crime Control and Prevention District Fund in the Amount of $50,000.00 to Operate a First
Offender Program.
14. M &C C -25319 - Authorize Execution of a Contract with NewDav Services for
Children and Families for the Fiscal Year 2012 Community -Based Program
Funding from the Crime Control and Prevention District Fund in the Amount of
$40,594.00 to Operate a Character Counts! Program for Juveniles in the Tarrant
County Juvenile Detention Center.
The City Council approved the following recommendation: Authorize Execution of a Contract
With New Day Services for Children and Families for the Fiscal Year 2012 Community -Based
Program Funding From the Crime Control and Prevention District Fund in the Amount of
$40,594.00 to Operate a Character Counts! Program for Juveniles in the Tarrant County Juvenile
Detention Center.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 11 of 37
(VII. CONSENT AGENDA Continued)
15. M &C C -25320 - Authorize Execution of a Contract with Santa Fe Youth Services
for Fiscal Year 2012 Community -Based Program Funding from the Crime
Control and Prevention District Fund in the Amount of $38,782.00 to Operate a
Second Step Violence Prevention Program.
The City Council approved the following recommendation: Authorize the Execution of a
Contract With Santa Fe Youth Services for Fiscal Year 2012 Community -Based Program
Funding From the Crime Control and Prevention District Fund in the Amount of $38,782.00 to
Operate a Second Step Violence Prevention Program.
16. M &C C -25321 - Authorize Execution of a Contract with the Women's Center of
Tarrant County for Fiscal Year 2012 Community -Based Program Funding from
the Crime Control and Prevention District Fund in the Amount of $25,569.00 to
Operate a Free Counseling Program for Children Victimized by Violent Crimes.
The City Council approved the following recommendation: Authorize Execution of a Contract
With the Women's Center of Tarrant County for the Fiscal Year 2012 Community -Based
Program Funding From the Crime Control and Prevention District Fund in the Amount of
$25,569.00 to Operate a Free Counseling Program for Children Victimized by Violent Crimes.
17. M &C C -25322 - Adopt Resolution Authorizing the Increase of $200,000.00 in the
Maximum Amount to be Paid to S.G. Johndroe, III and the Law Firm Cantey
Hanger, LLP, as Outside Counsel in the Alliance Airport Runway Extension
Proiect to an Amount Not to Exceed $300,000.00.
The City Council approved the following recommendation: Adopt Resolution No. 4046 -12 -2011
to Increase the Amount to be Paid to S.G. Johndroe, III and the Law Firm Cantey Hanger, LLP,
as Outside Counsel in the Alliance Airport Runway Extension Project to be Increased to an
Amount Not to Exceed $300,000.00.
18. M &C C -25323 - Authorize Execution of a Utility Adiustment Agreement with
Southwestern Bell Telephone Company d /b /a AT &T Texas in the Amount of
$151,050.87 for Relocation of a SAI and Cable at Blue Mound Road and Re -Route
of Power Required for VRAD Equipment as Part of the Runway Extension
Proiect at Fort Worth Alliance Airport. (
The City Council approved the following recommendation: Authorize Execution of a Utility
Adjustment Agreement With Southwestern Bell Telephone Company d /b /a AT &T Texas in the
Amount of $151,050.87 for Relocation of a SAI and Cable at Blue Mound Road and Re -Route of
Power Required for VRAD Equipment as Part of the Runway Extension Project at Fort Worth
Alliance Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 12 of 37
(VII. CONSENT AGENDA Continued)
19. M &C C -25324 - Authorize Execution of a Contract with McMahon Contracting,
L.P., in the Amount of $551,763.30 for Storm Drain Improvements Near Lincoln
Avenue at Fort Worth Meacham International Airport, Authorize Contingency,
Construction Management and Inspection Services for Transportation and Public
Works Department in the Amount of $99,106.92 and Adopt Appropriation
Ordinance.
The City Council approved the following recommendation: Authorize the Use of Revenue
Derived From Mineral Leases on City -Owned Airports in the Amount of $551,763.30 for a
Contract With McMahon Contracting, L.P., for Storm Drain Improvements Near Lincoln
Avenue at Fort Worth Meacham International Airport; Adopt Appropriation Ordinance No.
19993 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease
Project Fund in the Amount of $650,870.22, From Available Funds, for the Purpose of Funding
Storm Drain Improvements Near Lincoln Avenue at Fort Worth Meacham International Airport;
and Authorize Execution of a Contract With McMahon Contracting, L.P., in the Amount of
$551,763.30 for the Storm Drain Improvements; and Authorize $99,106.92 for Associated Costs
for Construction Survey, Project Management, Materials Testing, Administrative and Inspection
Services.
20. M &C C -25325 - Authorize Execution of an Engineering Agreement with
Dunaway Associates, L.P., in the Amount of $192,739.00 for Water and Sanitary
Sewer Replacement Contract 2009, STM -O on Bellaire Drive, Cantey Street,
Stadium Drive and South University Drive, Authorize Transfer of $202,739.00
from Water and Sewer Operating Fund in Amounts of $169,828.00 to Water
Capital Proiects Fund and $32,911.00 to Sewer Capital Proiects Fund and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Transfer of
$202,739.00 From the Water and Sewer Operating Fund in the Amounts of $169,828.00 to the
Water Capital Projects Fund and $32,911.00 to the Sewer Capital Projects Fund; Adopt
Appropriation Ordinance No. 19994 -12 -2011 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 Executing an Engineering Agreement With Dunaway
Associates, L.P. for Water and Sanitary Sewer Replacement Contract 2009; and Authorize the
Execution of an Engineering Agreement With Dunaway Associates, L.P., in the Amount of
$192,739.00, for Water and Sanitary Sewer Replacement Contract 2009, STM -O.
21. M &C C -25326 - Authorize Amending Communitv Facilities Agreement to Cit
Secretary Contract No.41954, with Fort Worth Country Day School to Add City
Participation for Engineering Design and Pressure Reducing Valve Installations
and Related Costs in an Amount of $85,490.65 and Authorizing City Participation
in an Amount Not to Exceed $335,485.75 to Serve Fort Worth Country Day
School a Development Located in Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 13 of 37
(VII. CONSENT AGENDA Continued)
(C -25326 Continued)
The City Council approved the following recommendation: Authorize Amending Community
Facilities Agreement to City Secretary Contract No.41954, With Fort Worth Country Day School
to Add City Participation for Engineering Design and Pressure Reducing Valve Installations and
Related Costs in an Amount of $85,490.65 and Authorizing City Participation in an Amount Not
to Exceed $335,485.75 to Serve Fort Worth Country Day School a Development Located in Fort
Worth.
22. M &C C -25327 - Authorize Execution of Three Agreements with IBM, Inc., in an
Amount of $607,077.83 for Software Licenses and Annual Maintenance for
Maximo, Maintenance Management System and Related Software Using the
Department of Information Resources Contract SDD -633 for the Water
Department.
The City Council approved the following recommendation: Authorize Execution of an
Agreement With IBM, Inc., for Software Licenses, Subscription and Support for the Water
Department in an Amount Not to Exceed $346,042.49; Authorize Execution of an Agreement
With IBM, Inc., for Software Licenses to Support the Mobile Workforce in an Amount Not to
Exceed $132,300.00; and Authorize Execution of a Three (3) Year Agreement With IBM, Inc.,
for Maximo Software Support and Upgrades for an Annual Cost of $128,735.34.
23. M &C C -25328 - Authorize Execution of an Interlocal Agreement with the City of
Euless for a Permanent Sanitary Sewer Line Easement and a Temporary
Construction Easement to Serve the TexStar Cove Addition Development Located
in Fort Worth.
The City Council approved the following recommendation: Authorize Execution of an Interlocal
Agreement With the City of Euless for a Permanent Sanitary Sewer Line Easement and a
Temporary Construction Easement to Serve the TexStar Cove Addition, a Development Located
in Fort Worth.
24. M &C C -25329 - Authorize Execution of a Contract and Grant with Texas
Department of Housing and Community Affairs for 2012 Comprehensive Energy
Assistance Program Up to a Total of $10,000,000.00 Through December 31, 2012,
Authorize Interfund Loan, Apply Indirect Costs and Adopt Appropriation
Ordinance.
The City Council approved the following recommendation: Authorize Acceptance of a Grant and
Execution of a Contract With the Texas Department of Housing and Community Affairs
(TDHCA) in an Amount Up to $10,000,000.00 for the 2012 Comprehensive Energy Assistance
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 14 of 37
(VII. CONSENT AGENDA Continued)
(C -25329 Continued)
Program; Authorize Non - Interest Bearing Interfund Loan From the Fund Balance of the General
Fund to the Grants Fund in the Amount of $320,000.00 for Interim Financing of This Grant
Project Pending Contract Execution; Adopt Appropriation Ordinance No. 19995 -12 -2011
Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of
$10,000,000.00, Upon Receipt of a Grant From TDHCA, for the Purpose of Funding the
Comprehensive Energy Assistance Program for 2012; and Apply Indirect Costs at the Rate of
19.18 Percent, Which is the Most Recently Approved Rate for This Department, and Apply the
New Approved Rate When Available.
25. M &C C -25330 - Authorize Execution of a Work Order in the Amount of
$110,000.00 with Job Order Contractor Yeargan Construction Company - The
Mark IV Construction Group for Maintenance Improvements to the Existing
Pool at Marine Park.
The City Council approved the following recommendation: Authorize the Execution of a Work
Order in the Amount of $110,000.00 With Job Order Contractor Yeargan Construction Company
- The Mark IV Construction Group for Maintenance Improvements to the Existing Pool at
Marine Park.
26. M &C C -25331 - Authorize Execution of a Construction Contract with Jackson
Drilling Services, LP, in the Amount of $296,200.00 for the Meadowbrook Golf
Course Irrigation Water Well Installation Proiect and Adopt Appropriation
Ordinance.
The City Council approved the following recommendation: Authorize Execution of a
Construction Contract With Jackson Drilling Services, LP, in the Amount of $296,200.00 for the
Meadowbrook Golf Course Irrigation Water Well Installation Project; and Adopt Appropriation
Ordinance No. 19996 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Golf
Gas Lease Capital Project Fund in the Amount of $76,000.00, From Available Funds, for the
Purpose of Funding the Project.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1834 - Notice of Claims for Alleged Damages and /or Iniuries
End of Consent Agenda.
c
"
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 15 of 37
Captain Barbara Jacobs, Salvation Army Captain for Fort Worth, presented information
regarding the Salvation Army Red Kettle Campaign. She stated the Salvation Army had
requested time at the Council Meeting to kickoff their Annual Red Kettle Campaign in Fort
Worth. She advised of the importance of the organization and the Salvation Army buildings that
provided services in the Metroplex. She pointed out that Fort Worth raised more than
$545,000.00 last year and the need for service would continue to increase each year. She
requested that Mayor Pro tem Zimmerman don the "red apron" and ring the bell.
Mayor Pro tem Zimmerman placed the first donation from Fort Worth in the kettle. He stated
that there were 11,000 angels remaining to be adopted on the angel trees and encouraged the
citizens to go out and adopt an angel in need.
Council Member Shingleton requested that the meeting be adjourned in memory of Mr. William
P. Cranz, Jr. He stated that Mr. Cranz was a respected and influential leader in the community, a
devoted family man and that he served on multiple committees within the City.
Council Member Burns announced that the Fort Worth Commission for Women was requesting
nominations for the 2012 Outstanding Women of Fort Worth Award for the following
categories: Women Who Volunteer, Women in the Work Place, Young Women Who Volunteer
and Organizations that are Advocates for Women. He further stated that the awards would be
presented on March 6, 2012, and that the applications could be completed on the City's website
or the citizens could call the District 9 office at 817 - 392 -8809, for more information.
Council Member Scarth announced that Score a Goal in the Classroom would sponsor the
Western Heritage Day event at 12:00 p.m. on January 14, 2012, located at the old Tandy Center
Parking Garage on Belknap Street. He stated that there would be music groups from multiple
schools and other groups performing. He encouraged the citizens to attend after the Stock Show
parade.
Council Member Shingleton announced that in Tarrant County seven (7) out of 10 people with
Dementia lived at home and that 75% of their care was provided by family and friends. He stated
that the James L. West Alzheimer Center, located at 1111 Summit Avenue, created two (2) new
educational programs, a comprehensive caregiver training and taking action on Alzheimer's
disease, to help support the families. He further stated that the programs were designed to give
the community a better understanding of Alzheimer's disease and Dementia. He encouraged
those interested in the programs to contact Ms. Jamie Cobb at the James L. West Alzheimer
Center at 817 - 877 -1199.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 16 of 37
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued
Council Member Hicks announced that Movies that Matter would take place on
December 8, 2011, at the Modern Arts Museum, located at 3200 Darnell Street. She stated that
there would be a special performance by Ms. Barbara Smith Conrad who was the subject of the
film When I Rise. She invited the citizens to attend the event which would commemorate
National Human Rights Day and added for more information to contact the District 8 office at
817 - 392 -8808.
Council Member Espino announced that First Tee of Fort Worth would host a Ribbon Cutting
Ceremony for the Ben Hogan Learning Center on December 10, 2011, at 11:00 a.m., at the
Rockwood Golf Course/Rockwood Park. He stated that this was a 6,500 square foot facility that
would include offices, classrooms, a library, storage and a club repair and swing rooms to
practice golf swings. He further stated that this was supported by the Ben Hogan Foundation, the
Henry House Foundation, the Amon G. Carter Foundation and many other donors and
foundations within the City of Fort Worth. He added that one of the great features of the facility
was that on the exterior of the building were Nine Core Value panels and that First Tee was
prominent for their Nine Core Values that taught golfers the value of life. He also pointed out
that the facility would feature Ben Hogan's famous swing sequence sculpted from limestone by
renowned artist Eliseo Garcia.
2. Recognition of Citizens
There were no citizens recognized at this time.
..
Motion: On behalf of Council Member Moss, Council Member Scarth made a motion,
seconded by Council Member Hicks that the following individuals be reappointed
to the following boards and commissions, effective December 6, 2011, with terms
expiring on October 1, 2013. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Price and Council Member Moss absent.
Mr. Elvin Bennett, Place 5, Parks and Community Services Advisory Board.
Mr. Don Smith, Place 5, Urban Design Commission.
Mr. Hugh Ferrell, Place 5, Zoning Commission.
Ms. 011ie Ferrell, Place 5, Fort Worth Commission for Women
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 17 of 37
(XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued)
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino
that Mr. Richard Deatrick be appointed to Place 7 on the Golf Advisory Board,
effective December 6, 2011, with a term expiring on October 1, 2013. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
There were no presentations and /or communications from boards, commissions and /or city
council committees.
XIII. RESOLUTION
1. A Resolution of the Citv Council of the City of Fort Worth., Texas, Changing and
® Canceling Various Regularly Scheduled City Council Meetings for the Months of
January 2012 through January 1, 2013
Motion: Council Member Scarth made a motion, seconded by Council Member Burns that
Resolution No. 4047 -12 -2011 be adopted. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Mayor Price and Council Member Moss absent.
2. A Resolution Council of ft.C�.pf Fort Wort4,.Te .Castipg
City of Fort Worth's 645 Allotted Votes for Candidate Joe Potthoff to the Board
District of the Tarrant Coun!j Appraisal
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan
that Resolution No. 4048 -12 -2011 be adopted. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Price and Council Member Moss
absent.
I 1 1
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Resolution No. 4049 -12 -2011 be adopted. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Price and Council Member Moss
absent.
Motion: Council Member Jordan made a motion, seconded by Council Member Burns that
Resolution No. 4050 -12 -2011 be adopted. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Mayor Price and Council Member Moss absent.
XIV. ZONING HEAPUNG
It appeared to the City Council that the Notice of Special Hearing set today as the date for the
hearing in connection with recommended changes and amendments to Zoning Ordinance
No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star -
Telegram, the official newspaper of the City of Fort Worth, on December 18, 2011.
Mayor Pro tem Zimmerman opened the public hearing and asked if there was anyone present
desiring to be heard.
It appeared that the City Council at its regular meeting on November 1, 2011, continued Zoning
Docket No. ZC -11 -044.
The following individuals appeared before Council in support of Zoning Docket No. ZC -11 -044
and stated that the house Ms. Cantu planned to use for the beauty shop would be in the southern
portion of the three (3) lots she owned, which was next door to the fire station. They further
stated that Ms. Cantu would include off - street parking located in the empty lots so that there
would be no parking on the street. They advised that City staff had developed a plan to have the
property zoned single - family with special use for the beauty salon and if Ms. Cantu failed to
continue operating as a beauty salon the property would automatically return to single- family
use. They also stated that they felt the beauty salon would be beneficial to the community and
that there would be no outside signs or lights to disturb the neighbors.
Mr. Louis Zapata, 2007 North Houston Street
Ms. Patricia Cabrera, 2618 NW 25th Street
Mr. Antonio Ayala, 1520 Lagonda Avenue
Mr. Nicholas Andrew Molina, 711 West 26th Street, Austin, TX (provided handout)
Mr. Rafael Subrialdea, 2214 Gould Avenue
Mr. Robert Gutierrez, 2604 NW 22nd Street
Ms. Anastasia Sanchez, 1919 Grand Avenue
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 19 of 37
(ZC -11 -044 Continued)
The following individuals appeared before Council in opposition to Zoning Docket
No. ZC -11 -044 and stated the citizens who supported the zoning case, including the applicant,
did not live on Clinton Avenue. They stated they wanted to keep this area as a residential
neighborhood and that this was not in compliance with the City of Fort Worth's Comprehensive
Plan. They also stated that they did not want the beauty shop or any business on Clinton Avenue
and that they wanted to keep the neighborhood quiet.
Mr. Robert Alejandro, 1216 Clinton Avenue
Ms. Ampara Alejandro, 1216 Clinton Avenue
Mr. Frank Alejandro, 1216 Clinton Avenue
Mr. Alonzo Aguilar, 3725 Stuart Drive
Ms. Linda Juarez, 5204 Livermore Drive, Arlington, TX
Ms. Maricela Munoz, 1218 Clinton Avenue
Mr. Miguel Juarez, 5204 Livermore Drive, Arlington, TX
Mr. Robert Snoke, 3820 6th Avenue
Council Member Espino expressed appreciation to the citizens for attending the meeting. He
stated that there were strong points on both sides of the issue. He added that originally the
application was for "E" Neighborhood Commercial and that the Zoning Commission had denied
their request. He further stated that he had sent this item back to the Zoning Commission hoping
that both parties would reach an agreement on the use of the property, but the Zoning
Commission had rejected the proposal again. He advised that the neighborhoods had been
rezoned to protect the historical integrity and that he would defer to the overlaying principal of
zoning land use and the principal of encroachment. He further advised that the residents on
Clinton Avenue had made a compelling argument and that he would agree that the use was not
compatible with the land use surrounding the neighborhood, which was residential and not
consistent with the Comprehensive Plan. He added that he believed they could find a better
suited lot for the beauty shop in the Northside area and that he was going to uphold the Zoning
Commission's recommendation for denial.
Motion: Council Member Espino made a motion, seconded by Council Member Hicks that
Zoning Docket No. ZC -11 -044 be denied. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Mayor Price and Council Member Moss absent.
I
Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton
that Zoning Docket No. ZC- 11 -074A be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Price and Council Member Moss
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 20 of 37
Council Member Scarth stated that it was his intent to propose that the Council uphold the
recommendation to deny Zoning Docket No. ZC -11 -098 without prejudice. He added that he
wanted to give some explanation to the citizens who were requesting that this case be denied
with prejudice. He stated that he did not see a material difference if the zoning case came back
before Council without neighborhood support and would not find a different result from the
Zoning Commission. He added that he did not see any real risk if they brought this case back
after 12 months and pointed out that the applicant would not get a different result unless there
was a significant change in the way the neighborhoods felt about the location. He cautioned that
it was possible that the applicant could find a location where they could correctly build the
facility without the necessity of obtaining the approval from the Zoning Commission or the City
Council and that the citizens may not be happy with the new proposed location.
Mr. Justin Bond, representing Texas Midstream Gas Services, 100 Energy Way, appeared before
Council in support of Zoning Docket No. ZC -11 -098 and requested this application be denied
without prejudice. He stated to satisfy additional compressor needs, the company would be
hiring Freese and Nichols to help explore alternative sites. He further stated the company was
committed to finding a solution that would benefit the leaseholders who expected maximum
production and royalties from the wells. He pointed out that City staff had reviewed this
application and concluded that the site was inconsistent with City policies and added that the gas
well ordinance and discussions by City leaders indicated otherwise.
The following individuals appeared before Council in opposition to Zoning Docket
No. ZC -11 -098 and requested the City Council uphold the Zoning Commission's
recommendation to deny Zoning Docket No. ZC -11 -098 with prejudice. They advised that the
residents purchased their homes with the thought of having a quiet neighborhood but were now
being threatened with a noisy compressor station in the area. They stated that the Zoning
Commission agreed that the compressor station was not consistent with the City's
Comprehensive Plan for the east side of Fort Worth. They further stated that the Zoning
Commission recognized the tremendous opposition by concerned neighbors and had
reprimanded Chesapeake for blatant safety violations that were presented to them. They advised
that approximately 75% of the 2,000 citizens in the area had signed petitions expressing their
opposition to this request. They further advised that they were concerned with the emissions
from the compressor station and other industrial equipment, especially for individuals with
chronic health issues. They also pointed out that drawings for the compressor station had not
been presented for review and that they were not told how many compressors would be built on
the site.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 21 of 37
(ZC -11 -098 Continued)
Mr. Gene Kuhler, 6236 Brentwood Drive
Mr. Mary Kelleher, 7901 Randol Mill Road (provided handout)
Ms. Gretchen Demke, 445 Shadow Grass Avenue
Mr. Robert Horton, 9104 Autumn Falls Drive
Ms. Martha Paschall - Boykin, 7621 Specklebelly Lane
Mr. Richard Sinclair, 9125 Riverfalls Drive
Ms. Kim Sheppard, 9090 River Trails Boulevard
Mr. Gary Hogan, 2117 Rolling Creek Run
Mr. Walter Moss, 8713 Brushy Creek Trail
Mr. Jerry Lobdill, 6336 Darwood Avenue
Ms. Gail Gray, 9059 Rushing River Drive (provided handout)
Mr. Robert Snoke, 3820 6th Avenue, completed a speaker card in opposition to Zoning Docket
No. ZC -11 -098 and was recognized by Mayor Pro tem Zimmerman, but was not present in the
Council Chamber.
Council Member Jordan clarified that the City Council had to consider the rights of both the
neighborhoods and the mineral rights owners and that there were certain laws that must be
followed as this was a zoning case not a drilling case.
Council Member Scarth stated that there were a number of complexities regarding this case and
that there was the entire subject of takings if the City of Fort Worth created a situation where
mineral owners could not harvest their own property and that the City and the taxpayers could be
liable. He advised that the property owners had the right to develop their land if it was within the
guidelines and a compatible use. He pointed out that the park near Mallard Cove would not be
developed today with walking trails and picnic tables if not for the money received from the
pipelines. He stated that the citizens made it clear that they wanted the zoning case denied with
prejudice and that he was prepared to consider making that motion.
Council Members Jordan, Espino, Shingleton and Mayor Pro tem Zimmerman all expressed their
appreciation to Council Member Scarth for his due diligence and his leadership on this zoning
case. They also expressed their appreciation to the citizens attending the meeting and spoke
passionately on the subject. They stated that there was a difference between a gas well and
compressor station and that they would continue to seek additional control on the compressor
stations. They pointed out that they would continue to look at amendments to the gas drilling
ordinance so that the quality of life would be protected in the neighborhoods. They advised that
because gas drilling was an economic engine they would support drilling but they would not
support encroachments into the neighborhoods and added they would support the motion to deny
with prejudice.
Council Member Jordan stated that although he normally abstained from voting on cases
involving Chesapeake Operating, Inc., this was a zoning matter and he was advised by the City
Attorney that a conflict of interest did not exist.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 22 of 37
(ZC -11 -098 Continued)
Motion: Council Member Scarth made a motion, seconded by Council Member Hicks that
Zoning Docket No. ZC -11 -098 be denied with prejudice. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
(Council Member Espino left his place at the dais.)
In the absence of Council Member Espino, Mayor Pro tem Zimmerman requested that the
Council move down the agenda to consider Zoning Docket No. ZC -11 -102.
5. Z; - 6 t
Density Medium
Approval
It appeared that the City Council at its regular meeting on November 1, 2011, continued Zoning
Docket No. ZC -11 -102.
Ms. Dana Burghdoff, Deputy Director, Planning & Development Department, clarified the
following amendment: "PD/E" Planned Development for "E" Neighborhood Commercial uses
plus warehouse, inside and outside storage of materials and equipment as related to the pavement
services business, including fuel storage.
The following individuals completed speaker cards in support of Zoning Docket No. ZC -11 -102,
but did not wish to address the City Council.
Ms. Nadine Givens, 4000 Tarrant Main Street, Euless, Texas 76040
Mr. Gregory McLane, 5950 Berkshire Lane, Suite 700, Dallas, Texas 75225
Motion: On behalf of Council Member Moss, Council Member Shingleton made a motion,
seconded by Council Member Jordan that Zoning Docket No. ZC -11 -102 be
approved as amended. The motion carried unanimously seven (7) ayes to zero (0)
nays, with Mayor Price and Council Member Moss absent.
(Council Member Espino returned to his place at the dais.)
(Council moved back up the agenda to consider Zoning Docket No. ZC -11 -101 and continued
with the regular order of the agenda.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 23 of 37
(ZC -11 -101 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Jordan that
Zoning Docket No. ZC -11 -101 be continued until the December 13, 2011, Council
meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with
Mayor Price and Council Member Moss absent.
Nei hborhood Commercial to: "FR" General Commercial Restricted.
(Recommended for 1
Motion: Council Member Scarth made a motion, seconded by Council Member Hicks that
Zoning Docket No. ZC -11 -113 be denied. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Mayor Price and Council Member Moss absent..
Mr. James Hornsby, 2500 House Anderson Road, completed a speaker card in support of Zoning
Docket No. ZC -11 -115, but did not wish to address the Council.
Motion: Council Member Scarth made a motion, seconded by Council Member Burns that
Zoning Docket No. ZC -11 -115 be approved as amended. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
Assistant City Secretary Gonzales advised that Zoning Docket No. ZC -11 -116 would be
considered by Council after Mayor and Council Communication Nos. C -25332 and PZ -2962,
respectively.
9. ZC-11-117
1 I
Near Southside * Nei2hborhood District/Demolition 1 ,
Near Southside * Neig District/Historic
(Recommended for Approvall
Motion: Council Member Hicks made a motion, seconded by Council Member Burns that
Zoning Docket No. ZC -11 -117 be approved. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Price and Council Member Moss
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 24 of 37
(Council moved down the agenda to Item XVI. Presentations by the City Secretary — Non
Consent Items and considered this item prior to Item XV. Report of the City Manager and then
continued with the regular order of the agenda.)
XV. REPORT OF THE CITY MANAGER
Assistant City Secretary Gonzales advised that there was no OCS Report.
B. General
,,
1.
The recommendation was that the City Council Authorize the Transfer of $5,000,000.00 From
the Crime Control and Prevention District Fund to the Information Systems Capital Projects
Fund for Radio System Replacement; and Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Information Systems Capital Projects Fund, From
Available Funds for the Purpose of Upgrading the City's Public Safety Radio Communication
System.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. G -17458 be approved and Appropriation
Ordinance No. 19997 -12 -2011 be adopted. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Mayor Price and Council Member Moss absent.
...
w 1
The recommendation was that the City Council Adopt a Resolution Readopting the Relocation
Incentives Policy for Businesses Displaced by Major Infrastructure Projects in the City.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. G -17459 be approved and Resolution
No. 4051 -12 -2011 be adopted. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Price and Council Member Moss absent.
G-1740q.,-,.A0QPt..Qr0ipance Amending
..C4Apter.7.Bqilftgs of the City
Code to Add Additional Registr,1qqn,,Ipsp e e
for Multifamily Properties with Three or More Units.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 25 of 37
(G -17460 Continued)
The recommendation was that the City Council Adopt an Ordinance Amending Article IX,
"Registration and Inspection for Multi- Family Dwelling Complexes" of Chapter 7 "Buildings"
of the Code of the City of Fort Worth to Change the Title; to Add Definitions; to Add
Requirements Related to a Certificate of Occupancy; to Allow the City Council to Set the Fees
and to Provide for Periodic Inspection and Resinspection Fees; to Require Inspections by the
Landlord and Tenant; to Add Language Regarding the Probationary Status, Suspension or
Revocation of Registration and Providing for an Appeal; to Add a Requirement to Attend a
Crime Free Multi- Housing Course and to Include Crime Free Provisions in Each Lease; to
Provide for Crime Prevention Through Environmental Design Inspections; to Require the
Registration of Pets; to Require Recycling; and to Require the Tenant to Provide Proof of an
Active Electric Service Account to the Landlord and Requiring the Landlord to Provide a
Tamper Proof Meter Box.
The following individuals appeared before Council in support of Mayor and Council
Communication No. G -17640 and stated that the City needed these regulations. They also stated
that the landlords were not held liable for the excessive criminal activity conducted by their
occupants. They advised that most landlords were good citizens, but there were a few that did not
care and did not follow the rules.
Mr. Edward Casati, 3123 Hunter Avenue (provided power point slides)
Ms. Wanda Conlin, 1755 Martel Avenue (provided handout)
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G -17640 and stated that they should not be held liable for the few landlords
that did not follow the rules. They added that the ordinance would cause hardships and that they
could lose their private businesses. They stated that there was no due process or appeals process
for the landlords and that they needed more time to come to an agreement. They advised that
utility companies owned the meters and the landlords should not be held responsible for any
damages to the meters. They advised that criminal issues were reported to the utility companies
multiple times before the meters were repaired and some meters still were not fixed over a month
after the problem was reported.
Ms. Maureen Jenkins, 5108 Brentwood Stair Road
Mr. Paul Carpenter, 6704 Cool Meadow Drive (provided handout)
Mr. Alan Small, 811 May Street
Ms. Shelley Stults, 601 Hunter Trail, Colleyville, Texas 76034 (provided handout)
Ms. Lila Daniels, 7008 Sao Paulo Court, North Richland Hills, Texas 76180
Mr. Daniel Borsch, 2809 Broadmoor, #311, completed a speaker card in opposition to Mayor
and Council Communication No. G -17640 and was recognized by Mayor Pro tem Zimmerman,
but was not present in the Council Chamber.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 26 of 37
(G -17460 Continued)
Council Member Scarth stated that the vast majority of the citizens in the City did the right thing
every day. He stated that the ordinances were not created for the citizens who follow the rules;
they were created for those who broke the rules. He requested that within two (2) years the
Council take another look at the ordinance and reconvene a select few of the multi - family
housing owners to review how the ordinance was working in the community.
Mayor Pro tem Zimmerman stated that there were concerns about the ordinance, but they were
looking for support from the landlords to help determine what other actions needed to be taken.
Council Member Burns stated that the modifications to the multi - family ordinance applied to
either apartment complexes of three (3) or more and eight (8) or more units. He stated that it did
not include duplexes. He clarified that the crime free addendum only needed to be used on the
lease if the landlord did not use the standardized leases. He stated that the residents of the
substandard apartments needed this ordinance to protect them. He also advised that the local
realtors and other organizations supported these changes.
Motion: Council Member Scarth made a motion, seconded by Council Member Hicks that
Mayor and Council Communication No. G -17460 be approved and Ordinance
No. 19998 -12 -2011 be adopted. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Price and Council Member Moss absent.
4 M&C G-174
Disabilities
Assistance Program.
The recommendation was that the City Council Authorize the Execution of a Memorandum of
Understanding That Allows Municipal or County Jurisdictions Located Within the 16 County
North Central Texas Council of Government Area to Use the Special Needs Assistance Program
Database Developed by the City of Fort Worth Without Further Action.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. G -17461 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
..................
RN
1
c c
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 27 of 37
(G -17462 Continued)
The recommendation was that the City Council Authorize the Use of $237,958.74 of Tree
Removal Fee Revenue, $100,000.00 From Chesapeake Energy Corporation, and a $1,157.50
Donation From Urban Renewal to Fund the Community Tree Planting Program; Authorize the
Use of $100,000.00 of Parks Royalty Revenue to Fund the Community Tree Planting Program;
Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the
Park Gas Lease Project Fund, From Available Funds for the Purpose of Funding the Community
Tree Planting Program; Authorize the Transfer of $100,000.00 From the Park Gas Lease Project
Fund to the Community Tree Planting Program Fund; and Adopt an Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Community Tree Planting Program
Fund in the Amount of $439,116.24, From Available Funds, for the Purpose of Funding the
Community Tree Planting Program.
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: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. G -17462 be approved and
Appropriation Ordinance Nos. 19999 -12 -2011 and 20000 -12 -2011 be adopted. The
motion carried six (6) ayes to zero (0) nays, with one (1) abstention by Council
Member Jordan and Mayor Price and Council Member Moss absent.
F
The recommendation was that the City Council Authorize the Acceptance of a $15,000.00 Grant
From Mayfest, Inc.; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts
and Appropriations in the Special Trust Fund, Subject to Receipt of Grant Funds From Mayfest,
Inc., for the Purpose of Funding Park Improvements at Trinity Park.
Motion: Council Member Burns made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. G -17463 be approved, with appreciation to
Mayfest, Inc., and Appropriation Ordinance No. 20001 -12 -2011 be adopted. The
motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and
Council Member Moss absent.
C. Purchase of Equipment, Materials, and Services
1. M&C P-11329 - Authorize Execution of a Contract
1 Department
Combined Amount of $882,330.00 fo the Initial Term.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 28 of 37
(P -11329 Continued)
The recommendation was that the City Council Authorize a Contract With Parkeon, Inc.,
( Parkeon) For Pay and Display Stations for the Transportation and Public Works Department for
an Amount of $882,330.00 for the Initial Term.
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino
that Mayor and Council Communication No. P -11329 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
D. Land
Motion: Council Member Hicks made a motion, seconded by Council Member Scarth that
Mayor and Council Communication No. L -15281 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 29 of 37
E. Planning & Zoning
Assistant City Secretary Gonzales advised that Mayor and Council Communication No. PZ -2962
would be moved down the agenda and considered by Council after Mayor and Council
Communication No. C- 25332.
F. Award of Contract
lifilli 11=11111 1 11111 1
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25332 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
Assistant City Secretary Gonzales advised that Council would consider Mayor and Council
Communication No. PZ -2962, which would be followed by consideration of Zoning Docket No.
ZC -11 -116.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 30 of 37
Annexation 1. M&C PZ-2962 - Consider Institution of the
Denton Ordinance for the Ci!X-Initiated Annexation of Approximately 251.0 Acres of
Land in both
Heritage Parkway and North of Westport Par
The recommendation was that the City Council Institute and Adopt an Ordinance Declaring
Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort
Worth; Providing for the Annexation of an Approximately 25 1. 0 Acre Tract of Land Situated in
Both Denton and Tarrant County in the J. Evans Survey, Abstract Number 396; J. Evans Heirs
Survey, Abstract 470; R. King Survey, Abstract 723; R. King Survey, Abstract 905; J. Matthews
Survey, Abstract 1021; and the Z.D. Davis Survey, Abstract 1888; Situated About 14.9 Miles
North 9 Degrees East of the Tarrant County Courthouse, Texas (Case No. AX -11 -013) 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.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. PZ -2962 be approved and Ordinance
No. 20002 -12 -2011 be adopted. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Price and Council Member Moss absent.
1 )pp
bounded I by, the, 'North, I Freleway, I (1-35W),,,, W,est,D,o,r,t ,Parkway,.", Lost, 'Roao,
. ........ ..
"A-43"
Industrial. (Recommended for ADDroval as Amended and 1
3125 & 3135 Keller Haslet)
Mr. Ken Bradley, 3135 Keller Haslet Road, completed an "undecided" speaker card relative to
ZC -11 -116 and stated he wished for his property to remain zoned as "AG" agriculture.
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that the
citizen referenced the properties that were recommended for denial without prejudice which
would be automatic upon annexation. She clarified the motion would be to approve as amended
and deny without prejudice 3125 and 3135 Keller Haslet Road.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Zoning Docket No. ZC -11 -116 be approved as amended and deny without
prejudice 3125 and 3135 Keller haslet Road. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Price and Council Member Moss
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 31 of 37
(ZC -11 -116 Continued)
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. 20003 -12 -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 seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
(Council moved back down the agenda to Mayor and Council Communication No. C -25333 and
continued with the regular order of the agenda.)
The recommendation was that the City Council Authorize Acceptance of an Additional
$1,175,000.00 in Pass Through Financing Grant Funds From the Texas Department of
Transportation for the Henderson Street Bridge Project; and Authorize Execution of Amendment
No. 2 in the Amount of $995,751.00 to City Secretary Contract No. 39644 With Freese and
Nichols, Inc., as Part of the Trinity River Vision Central City Project for Evaluation and Final
Design of Bridges at Henderson Street, North Main Street and White Settlement, Thereby
Increasing the Total Fee to $4,808,153.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 32 of 37
(C -25333 Continued)
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25333 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
4 - Authorize Execution of a Construction Contract with Prime
C2RIj��for the Interior Renovation of the Guinn Elementary School and
Adopt Appropriation Ordinance.
The recommendation was that the City Council Authorize the Use of Interest in the Amount of
Up to $89,000.00 From State Grant Funds Allocated to the City of Fort Worth Through the
University of North Texas Health Science Center; Authorize the Transfer of Interest Earned
From State Grant Fund Project Fiscal Year 2007 to Fiscal Year 2011 in the Amount of Up to
$89,000.00; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Grants Fund, From Available Funds, for the Purpose of Funding the
Interior Renovation of the Guinn Elementary School; and Authorize the Execution of a
Construction Contract in the Amount of $709,000.00 Plus $140,000.00 in Contingency With
Prime Construction Company for the Interior Renovation of the Guinn Elementary School
Located at Interstate 35 -South and Rosedale Street.
Council Member Shingleton 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 Hicks made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. C -25334 be approved and Appropriation
Ordinance No. 20004 -12 -2011 be adopted. The motion carried six (6) ayes to zero
(0) nays, with one (1) abstention by Council Member Shingleton and Mayor Price
and Council Member Moss absent.
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino
that Mayor and Council Communication No. C -25335 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 33 of 37
The recommendation was that the City Council Authorize Execution of a Vertical Banner
Program Management Agreement With North Fort Worth Business Association, Inc., d /b /a
Stockyards Business Association for Management of the City's Vertical Street Banner Program
in the Historic Stockyards on North Main Street From NW 23rd Street to NW 28th Street and
Exchange Avenue From Clinton Avenue to Packers Avenue and Waive the Banner Policy
Requirement of a City Council Committee Making a Recommendation to the City Council.
Motion: Council Member Espino made a motion, seconded by Council Member Jordan that
Mayor and Council Communication No. C -25336 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
The recommendation was that the City Council Authorize the Transfer of $489,778.00 From the
Specially Funded Capital Projects Fund to the General Fund for Management of the Fort Worth
Public Art Program and Maintenance of the Public Art Collection; Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund, From
Available Funds, for the Purpose of Funding the Management of the Fiscal Year 2012 Fort
Worth Public Art Program and Maintenance of the Public Art Collection; and Authorize a
Renewal of a Professional Management Services Agreement With the Arts Council of Fort
Worth and Tarrant County, Inc., in the Amount of $438,978.00 for Management of the Fiscal
Year 2012 Fort Worth Public Art Program for a Period of One (1) Year.
Motion: Council Member Hicks made a motion, seconded by Council Member Scarth that
Mayor and Council Communication No. 20004 be approved and Appropriation
Ordinance No. 20005 -12 -2011 be adopted. The motion carried unanimously seven
(7) ayes to zero (0) nays, with Mayor Price and Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 34 of 37
The recommendation was that the City Council Authorize the Execution of an Agreement for
$300,000.00 With the Safe City Commission, Inc., During Fiscal Year 2012 to Operate One Safe
Place as a Family Justice Center for Tarrant County.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. C -25338 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Mayor Price and Council
Member Moss absent.
Council Member Hicks recognized Mayor Ken Shetter, City of Burleson, who was in attendance
at the meeting. She pointed out that this item was important because of the issue of domestic
violence that was seen throughout the City. She expressed appreciation to Chief Jeff Halstead,
Police Department, who continued to be engaged and involved in the issue.
8. M&C C-25339 - Authorize Execution of Chang
Contract No. 4
0 $9 0 %�WJQ7with Ark Contracting Services LLC, for the Modifications to Bar
Screen Building 3 and Junction Box Rehabilitation at Village Creek Water
Reclamation Facility.
The recommendation was that the City Council Authorize Execution of Change Order No. 1 to a
Construction Contract With Ark Contracting Services LLC, in the Amount of $1,660,195.70 for
the Modifications to Bar Screen Building 3 and Junction Box Rehabilitation at Village Creek
Water Reclamation Facility, Increasing the Total Contract Cost to $9,039,540.70.
Motion: Council Member Espino made a motion, seconded by Council Member Burns that
Mayor and Council Communication No. C -25339 be approved. The motion carried
unanimously (7) ayes to (0) nays with Mayor Price, Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 35 of 37
(C -25340 Continued)
The recommendation was that the City Council Ratify the Application for and Authorize
Acceptance of a Grant From the Fiscal Year 2011 Edward Byrne Memorial Justice Assistance
Grant Formula Program From the United States Department of Justice, Office of Justice
Programs and Bureau of Justice Assistance in an Amount Not to Exceed $697,332.00; Authorize
the Acceptance of Grant Funds, if Awarded, in an Amount Not to Exceed $697,332.00;
Authorize the Execution of Memoranda of Understanding With Tarrant County and Other Cities
Located Within Tarrant County to Designate the City of Fort Worth as the Cognizant Fiscal
Agency for the Purpose of Administrating This Grant and the Manner in Which the Grant Money
Will be Disbursed and Utilized; Authorize the Use of Anticipated Interest in the Amount of
$10,000.00 in Accordance With the Grant; and Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Grants Fund in the Amount of $707,332.00,
Subject to Receipt of the Grant, for the Purpose of Funding Activities to Prevent Crime and
Improve the Criminal Justice System.
Mayor Pro tem Zimmerman opened the public hearing and asked if there was anyone present
desiring to be heard.
a. Report of City Staff
Ms. Sasha Kane, Senior Contract Compliance Specialist, Police 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 Espino made a motion, seconded by Council Member Shingleton
that the public hearing be closed and that Mayor and Council Communication No.
C -25340 be approved and Appropriation Ordinance No. 20006 -12 -2011 be
adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with
Mayor Price and Council Member Moss absent.
XVIL HEARING
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 36 of 37
(XVII. PUBLIC HEARING #1 Continued)
a. Report of City Staff
Ms. Dana Burghdoff, Deputy Director of Planning, Planning and Development Department,
appeared before Council and provided a staff report.
b. Citizen Comments
There was no one present desiring to be heard in connection with the public hearing
C. Citv Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino
that the public hearing be closed. The motion carried unanimously seven (7) ayes to
zero (0) nays, with Mayor Price and Council Member Moss absent.
XVIII. CITIZEN PRESENTATIONS
Mr. Bryan Fredrick, 8665 Las Vegas Court, appeared before Council in support of Occupy Fort
Worth and expressed appreciation to Council Member Burns for bringing tamales to Occupy
Fort Worth, but stated that the rest of the Council had not yet experienced Occupy Fort Worth.
He invited the Council and Chief Halstead to experience Occupy Fort Worth. He stated that they
held a general assembly at Burnett Park every evening at 7:00 p.m. He advised the occupiers
were being harassed by the Police Department and requested that they respect their first
amendment rights to assemble peacefully and protest income inequality and corporate influence
over government.
Ms. Linda Folley clarified the tamales were delivered by Council member Espino.
Mr. Abraham Rivera, 1435 Maddox Street, appeared before Council and stated that he lost his
investment properties because of citations that he had received from the Code Compliance
Department. He stated that he felt he deserved respect from the Judge when he attended court
and requested the Council establish guidelines for the judges and prosecutors to ensure that
citizens received the respect they deserved. He also requested that the Council prepare a schedule
of fees for the Code Compliance Department to distribute when citations were issued.
Mayor Pro tem Zimmerman referred Mr. Rivera to Mr. Brandon Bennett, Director, Code
Compliance Department, for resolution.
Ms. Trinity Kilmurray, 4058 Meadowbrook Drive, appeared before Council in support of
Occupy Fort Worth and stated that she wanted to let the Council and Chief Halstead, Chief of
Police, know that she had been assaulted on numerous occasions by the Police while she was
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2011
Page 37 of 37
(XVIII. CITIZEN PRESENTATIONS Continued)
"occupying ". She stated that she was told by Officers and an attorney that she was supposed to
tell the Police that she had a seizure disorder so that they would not flash lights in her eyes. She
further stated that the assault caused her to have a seizure and she lost her job. She stated that
several other officers also assaulted the occupiers and added that an occupier had been assaulted
by another person at the assembly and the officers did not intervene.
Mr. Paul Mitchell, 100 Red Bird Lane, appeared before Council and stated that his problems
started with a scofflaw letter from the City of Fort Worth and that two (2) other drivers in his
company had received the same letters. He stated that when he tried to resolve the matter he was
unable to do so due to an administration error. He further stated that he received another letter
relative to this matter but it was for the wrong vehicle. He pointed out that the Texas Department
of Motor Vehicles had given him his registration but they were under another person. He stated
that when he took everything to court to show that he had taken care of everything, the City of
Fort Worth would not refund his money for the mistake they made. He stated that he spoke to
Doug Black, Assistant City Attorney, and he conducted an investigation and stated that he and
another female had the same P.O. Box number and this was the reason why she received his
scofflaw letter instead of a release on his vehicle. He advised that because of this issue he had
received 10 tickets for non - registration. He stated that the District Attorney had told him that the
City of Fort Worth had made a mistake and he requested to be reimbursed for $1,070.00.
Mayor Pro tern Zimmerman referred Mr. Mitchell to Mr. Charles Daniels, Assistant City
Manager, for resolution.
00
ADJOURNMENT
There being no further business, Mayor Pro tem Zimmerman adjourned the meeting at 10:16
p.m., in memory of Mr. William P. Cranz, Jr., a respected and influential leader in the
community and devoted family man, who passed away on November 19, 2011.
These minutes approved by the Fort Worth City Council on the 13`h day of December, 2011.
P. Gonzales
Assistant City S
Approved:
Betsy Pri
May