HomeMy WebLinkAbout2011/12/13-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Present:
Mayor Betsy Price
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:
Council Member Frank Moss, District 5
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Ronald P. Gonzales, Assistant City Secretary
� 1
With a quorum of the City Council Members present, Mayor Price called the regular session of
the Fort Worth City Council to order at 7:05 p.m., on Tuesday, December 13, 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 - Pastor David Grebel, Texas Christian University
The invocation was provided by Pastor David Grebel, Texas Christian University.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 2 of 43
CONSIDERATION c DECEMBER
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member
Shingleton that the minutes of the regular meeting of December 6, 2011, be
approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Moss absent.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns
that the Consent Agenda be approved as amended. 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 Espino that
the Consent Agenda be reconsidered. The motion carried unanimously eight (8)
ayes to zero (0) nays, with Council Member Moss absent.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns
that the Consent Agenda be approved as amended. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Moss absent.
A. General - Consent Items
1. M &C G -17464 - Adopt Supplemental Appropriation Ordinance for Fiscal Year
2011 for Rollover Encumbrances.
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 20007 -12 -2011 Increasing the Estimated Receipts and Appropriations in the
Indicated Funds in the Amount of $21,910,024.00, for the Purpose of Encumbrance Rollovers
and Designated Expenditures: General Fund in the Amount of $5,515,118.00 From Existing
Encumbrance Reserves; Municipal Airports Fund in the Amount of $1,383,952.00 and
Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount;
Municipal Golf Fund in the Amount of $236,367.00 and Decreasing the Unaudited, Unreserved,
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 3 of 43
(VII. CONSENT AGENDA Continued)
(G -17464 Continued)
Undesignated Retained Earnings by the Same Amount; Water and Sewer Fund in the Amount of
$3,978,757.00 and Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by
the Same Amount; Solid Waste Fund in the Amount of $31,670.00 and Decreasing the
Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount; Stormwater
Utility Fund in the Amount of $7,673,459.00 and Decreasing the Unaudited, Unreserved,
Undesignated Retained Earnings by the Same Amount; Capital Projects Services Fund in the
Amount of $254,069.00 and Decreasing the Unaudited, Unreserved, Undesignated Retained
Earnings by the Same Amount; Equipment Services Fund in the Amount of $45,016.00 and
Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount;
Information Systems Fund in the Amount of $496,969.00 and Decreasing the Unaudited,
Unreserved, Undesignated Retained Earnings by the Same Amount; Culture and Tourism Fund
in the Amount of $1,349,515.00 and Decreasing the Unaudited, Unreserved, Undesignated
Retained Earnings by the Same Amount; Crime Control and Prevention District Fund in the
Amount of $378,449.00 From Existing Encumbrance Reserves; Environmental Management
Fund in the Amount of $83,504.00 and Decreasing the Unaudited, Unreserved, Undesignated
Retained Earnings by the Same Amount; Federal Awarded Assets Fund in the Amount of
$469,114.00 and Decreasing the Unaudited, Unreserved, Undesignated Retained Earnings by the
Same Amount; and State Awarded Assets Fund in the Amount of $14,065.00 and Decreasing the
Unaudited, Unreserved, Undesignated Retained Earnings by the Same Amount.
2. M &C G -17465 - Authorize Payment of $50,000.00 to Downtown Fort Worth, Inc.,
for the Update of the Downtown Strategic Action Plan.
The City Council approved the following recommendation: Authorize Payment to Downtown
Fort Worth, Inc., in the Amount of $50,000.00 for the City's Contribution to the Update of the
Downtown Strategic Action Plan.
3. M &C G -17466 - Adopt Resolution Retaining the Law Firm of Whitaker Chalk
Swindle & Schwartz PLLC, as Outside Legal Counsel in an Amount Not to
Exceed $13,800.00 Inclusive of Required Filing Fees for Legal Services Related to
the Copyright of Certain Environmental Education Materials, Designs for Fort
Worth Police Department Badges and the Logo and Designs for the Fort Worth
Human Relations Commission's Film Series, Movies That Matter.
The City Council approved the following recommendation: Authorize the City Attorney to
Retain the Law Firm of Whitaker Chalk Swindle & Schwartz, PLLC, as Outside Legal Counsel,
Pursuant to Chapter VI, Section 3 of the City Charter, to Provide Legal Consulting to the City
Attorney's Office Concerning the Copyright of Environmental Educational Materials, Fort Worth
Police Department Badges, and the Logo and Designs for the Fort Worth Human Relations
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 4 of 43
(VII. CONSENT AGENDA Continued)
(G -17466 Continued)
Commission's Film Series, Movies That Matter; and Adopt Resolution No. 4052 -12 -2011
Authorizing Retention of Whitaker Chalk Swindle & Schwartz, PLLC, as Outside Counsel for
Copyright of Environmental Education Materials and Designating in Advance, as Far as
Practicable, That the Amount to be Paid to Whitaker Chalk Swindle & Schwartz, PLLC, Will
Not Exceed $13,800.00, Inclusive of Required Filing Fees.
4. M &C G -17467 - Authorize Payment of $37,061.00 to the Atmos Gas Cities
Steering Committee to Fund Participation in Dockets and Other Proceedings
Related to Gas Utility Regulations.
The City Council approved the following recommendation: Authorize Payment of $37,061.00 to
the Atmos Cities Steering Committee to Fund Participation in Current and Upcoming Dockets
(Including Rate Cases and Rulemakings) and Other Proceedings Related to Gas Utility
Regulations.
5. M &C G -17468 - Authorize Payment of $27,500.00 to the Texas Coalition of Cities
for Utility Issues for the City of Fort Worth's 2012 Membership Dues.
The City Council approved the following recommendation: Authorize Payment of $27,500.00 to
Texas Coalition of Cities for Utility Issues for the City's 2012 Membership Dues in the
Organization.
6. M &C G -17469 - Adopt Ordinance Amending the Following Sections of Chapter 2,
Article VI, Division 1, of the City Code, Entitled Employees Retirement Fund,
Sections 2 -201, 2 -202, 2 -205, 2 -207, 2 -208, 2 -209, 2 -210, 2 -211, 2 -212 and 2 -214.
The City Council approved the following recommendation: Adopt Ordinance
No. 20008 -12 -2011 Amending Chapter 2, Article VI, Division 1, Entitled "Employees
Retirement Fund," of the Code of the City of Fort Worth (1986), as Amended, Amending
Section 2 -201 to Delete Definitions for Trust Agreement, Trustee, and Vested Termination Date,
to Add Definitions for Line of Duty and Vested Retirement Date, to Substitute New Definitions
for Alternative Pension Benefit, Base Pension, Credited Service, Executive Director, Drop
Account, Earnings, Normal Retirement Date and Vested Termination Pension; Amending
Section 2 -202 to Delete Reference to Disability and to Add the Procedure for Determining
Benefits for Employees who Terminate and Return to Service; Amending Section 2 -205 to Add
Procedures for the Cash Balance Account; Amending Section 2 -207 to Clarify Section
References and to Add Procedures for the Cash Balance Account; Amending Section 2 -208 to
Add Procedures for the Cash Balance Account, and to Correct the Age for Vested Termination
Pension; Amending Section 2 -209 to Add Procedures for the Cash Balance Account; Amending
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 5 of 43
(VII. CONSENT AGENDA Continued)
(G -17469 Continued)
Section 2 -210 to Adhere to New Definitions, to Clarify the Applicability of the Ad Hoc Cola,
Providing the Date for Eligibility of the Cost of Living Adjustments, and Deleting Section That
is Restated Elsewhere in the Ordinance; Amending Section 2 -211 to Correct Language and to
Provide for Procedures for the Cash Balance Account; Amending Section 2 -212 to Provide
Procedures for Cash Balance Account, to Provide Benefit for the Dependent Parents of an
Employee who Dies Not in the Line of Duty, to Provide Benefit for Dependent Children, to
Clarify Survivor Benefit; Amending Section 2 -214 to Provide for Departmental Changes for
Employee Group Elections and to Delete the Following Sections: General Provisions, Code of
Ethics, Executive Director and Other Employees, Budget, Expenses, and Repayment by City,
and Custodial Trustee.
8. M &C G -17471 - Authorize Purchase of Excess Workers Compensation Insurance
Policy for 2012 from Star Insurance Company through McGriff, Seibels &
Williams of Texas, Inc., in the Amount of $469,037.00.
The City Council approved the following recommendation: Authorize the Purchase of an Excess
Workers Compensation Insurance Policy for 2012 From Star Insurance Company Through
McGriff, Seibels & Williams of Texas, Inc., in the Amount of $469,037.00.
9. M &C G -17472 - Authorize Acceptance of a Monetary Donation in the Amount of
$40,000.00 from Trinity F &B Services, Inc., for Improvements to the Concessions
Area at the Fort Worth Convention Center and Adopt Supplemental
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Acceptance of a
Monetary Donation in the Amount of $40,000.00 From Trinity F &B Services, Inc., for
Improvements to the Concessions Area at the Fort Worth Convention Center; and Adopt
Supplemental Appropriation Ordinance No. 20009 -12 -2011 Increasing the Estimated Receipts
and Appropriations in the Culture and Tourism Fund, Upon Receipt of the Donation.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11330 - Authorize Purchase of Five Character Generators from
Industrial Audio/Video Inc., for the Fort Worth Television Office for an Amount
of $68,402.00.
The City Council approved the following recommendation: Authorize the Purchase of Five (5)
Character Generators, From Industrial Audio /Video, Inc., for the Fort Worth Television Office
for an Amount of $68,402.00, Based on a Sole Bid Received.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 6 of 43
(VII. CONSENT AGENDA Continued)
2. M &C P -11331 - Authorize Execution of an Agreement for Portable Toilet Rental
with MMG Building & Construction Services, LLC, for an Annual Amount of
$140,000.00 for the First Year.
The City Council approved the following recommendation: Authorize an Agreement for Portable
Toilet Rental With MMG Building & Construction Services, LLC, for an Annual Amount of
$140,000.00 for the First Year.
3. M &C P -11332 - Authorize Purchase of Ten Forty -Yard Open -Top Roll -Off
Containers for the Code Compliance Department, Solid Waste Division from
Wastequip Manufacturing Company, LLC, Using a Houston - Galveston Area
Council Cooperative Contract for a Total Amount of $64,636.00.
The City Council approved the following recommendation: Authorize the Purchase of 10 40-
Yard Open -top Roll -off Containers for the Code Compliance Department, Solid Waste Division
From Wastequip Manufacturing Company, LLC, Using Houston - Galveston Area Council
Cooperative Contract Number RC08 -10 for a Total Amount of $64,636.00.
C. Land - Consent Items
L M &C L -15294 - Adopt Supplemental Appropriation Ordinance Increasing
Appropriations in the General Fund by $25,480.00 and Decreasing the Unaudited,
Unreserved, Undesignated Fund Balance by the Same Amount and Authorize the
Direct Purchase of Property Located at 1037 South Freeway from the Fort Worth
Local Development Corporation to the City of Fort Worth for $25,480.00.
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 20010 -12 -2011 Increasing the Estimated Receipts and Appropriations in the
General Fund in the Amount of $25,480.00 and Decreasing the Unaudited, Unreserved,
Undesignated Fund Balance by the Same Amount, for the Purpose of Purchasing Property
Located at 1037 South Freeway, Described as Lot 21, Block 3 of the Evans -South Addition;
Authorize the Direct Purchase of the Property From the Fort Worth Local Development
Corporation to the City of Fort Worth; and Authorize the Execution, Acceptance and Recording
of the Appropriate Instruments Conveying the Property to Complete the Purchase.
2. M &C L -15295 - Authorize Sale of Four Properties to Burlington Northern Santa
Fe Railway Company for the Tower 55 At -Grade Improvements Proiect for the
Total Amount of $63,581.0.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 7 of 43
(VII. CONSENT AGENDA Continued)
(L -15295 Continued)
The City Council approved the following recommendation: Authorize the Direct Sale of Tax -
Foreclosed Property Located at 920 E. Peach and 1709 Bryan to Burlington Northern Santa Fe
Railway Company for $40,483.00, in Accordance With Section 34.05 of the Texas Tax Code;
Authorize Sale of Fee Owned Property Located at 1701 and 1707 Bryan to Burlington Northern
Santa Fe Railway Company for $23,098.00, in Accordance With Section 272.001(b)(6) of the
Local Government Code; and Authorize Execution and Recording of Appropriate Instruments to
Convey the Property to Complete the Sale and Purchase.
3. M &C L -15296 - Authorize the Citv of Fort Worth to Enter Into a Settlement
Agreement and Mutual Release with Carter Temple New Jerusalem Church of
God in Christ and Authorize the Direct Sale of a Tax - Foreclosed Property
Located at 5125 Fitzhugh Avenue to Carter Temple New Jerusalem Church of
God in Christ for $4,559.40.
The City Council approved the following recommendation: Authorize the City of Fort Worth to
Enter into a Settlement Agreement and Mutual Release With Carter Temple New Jerusalem
Church of God in Christ in Which the City of Fort Worth Shall Pay $4,221.21 and the Carter
Temple New Jerusalem Church of God in Christ Will Pay $4,559.40 for the Property Located at
5125 Fitzhugh Avenue; Authorize the Direct Sale of a Tax - Foreclosed Property Located at 5125
Fitzhugh Avenue in Accordance With Section 34.05 of the Texas Tax Code, to Carter Temple
New Jerusalem Church of God in Christ for $8,780.61; and Authorize Execution and Recording
of the Appropriate Instruments Conveying the Property to Complete the Sale.
4. M &C L -15297 - Authorize Sale of Eighteen 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 $264,575.22.
The City Council approved the following recommendation: Authorize the Sale of 18 Tax -
Foreclosed Properties in Accordance With Section 272.001 of the Texas Local Government
Code and Section 34.05 of the Texas Tax Code for a Total of $264,575.22; and Authorize
Execution and Recording of the Appropriate Instruments Conveying the Property to Complete
the Sale.
E. Award of Contract - Consent Items
2. M &C C -25342 - Authorize Execution of an Easement Encroachment Agreement
with NTP Point, LLC, for the Construction of a Monument Sign Proposed to
Encroach Onto a Five Foot Utility Easement at 3409 North Tarrant Parkway.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 8 of 43
(VII. CONSENT AGENDA Continued)
(C -25342 Continued)
The City Council approved the following recommendation: Authorize the Execution of an
Easement Encroachment Agreement With NTP Point, LLC, for the Construction of a Monument
Sign Proposed to Encroach onto a Five (5) Foot Utility Easement at 3409 North Tarrant
Parkway.
3. M &C C -25343 - Authorize Execution of an Encroachment Agreement with Pulte
Homes of Texas, LP, for the Installation of Landscape Irrigation that Will
Encroach the Public Right -of -Way to Irrigate Three Medians Located Between
the 7400 Blocks of Horseman Road and 7500 Blocks of Horseman Road.
The City Council approved the following recommendation: Authorize the Execution of a
Standard Encroachment Agreement With Pulte Homes of Texas, LP, for the Installation of
Landscape Irrigation That Will Encroach the Public Right -of -Way to Irrigate Three (3) Medians
Located Between the 7400 and 7500 Blocks of Horseman Road.
4. M &C C -25344 - Authorize Execution of a Sole Source Master Fiber Agreement
with Marcus Cable Associates, LLC, a Subsidiary of Charter Communications,
Inc., for the Exclusive Use of Charter's Dark Fiber for an Annual Amount of
$66,000.00 for the First Year.
The City Council approved the following recommendation: Authorize Execution of a Sole
Source Master Fiber Agreement With Marcus Cable Associates, LLC, a Subsidiary of Charter
Communications, Inc., Charter Business for the Exclusive Use of Charter's Dark Fiber for an
Amount of $66,000.00 for the First Year, With Maintenance Included.
5. M &C C -25345 - Authorize Substantial Amendment to the City's 2008 -2009
Action Plan, Authorize Change in Use and Expenditure of $265,569.02 in
Homelessness Prevention and Rapid Re- Housing Funds and Authorize Contract
Amendments with Cornerstone Assistance Network, Community Enrichment
Center and SafeHaven of Tarrant County to Extend the Term and to Increase
Funding.
The City Council approved the following recommendation: Authorize Substantial Amendment to
the City's 2008 -2009 Action Plan Regarding the Change in Use of $265,569.02 in Funds for the
Homelessness Prevention and Rapid- Rehousing Program for the Projects Known as Cornerstone
Assistance Network's Homelessness Prevention Program, Community Enrichment Center
Homelessness Prevention Program and SafeHaven of Tarrant County Rapid- Rehousing Program;
and Authorize Execution of a Contract Amendment With Cornerstone Assistance Network to
Increase Homelessness Prevention and Rapid- Rehousing Program Funding for its Homelessness
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 9 of 43
(VII. CONSENT AGENDA Continued)
(C -25345 Continued)
Prevention Program by Up to $65,569.02 From Remaining Funds Previously Allocated for
Tarrant County Human Services Homelessness Prevention Program; and Authorize Execution of
a Contract Amendment With SafeHaven of Tarrant County to Increase Funding by to $65,000.00
From Funds Reimbursed to the City for Ineligible Costs; and Authorize Execution of a Contract
Amendment With Community Enrichment Center to Increase Funding for its Homelessness
Prevention Program by Up to $135,000.00 From Funds Previously Allocated to its Rapid -
Rehousing Program; and Authorize Amendment of Contracts, if Necessary, to Achieve Program
Goals Provided That the Amendment is Within the Scope of the Program and in Compliance
With Applicable Laws and Regulations Governing the Use of Federal Grant Funds.
6. M &C C -25346 - Authorize Execution of Amendment No. 1 in the Amount of
$158,030.00 to City Secretary Contract No. 40850, an Engineering Agreement
with Jacobs Engineering Group, Inc., for the Stormwater Utility Project- Eastern
Hills Drainage Improvements, for a Total Contract Amount of $651,667.00.
The City Council approved the following recommendation: Authorize Execution of Amendment
No. 1 in the Amount of $158,030.00 to City Secretary Contract No. 40850, an Engineering
Agreement With Jacobs Engineering Group, Inc., for the Stormwater Utility Project- Eastern
Hills Drainage Improvements Thereby, Revising the Total Contract Cost to $651,667.00.
7. M &C C -25347 - Authorize Execution of Amendment No. 2 in the Amount of
$385,654.00 to City Secretary Contract No. 35525, an Engineering Agreement
with Teague Nall & Perkins, Inc., for the Stormwater Utility Proiect - Lebow
Channel Roadway Crossing Replacement at Brennan Avenue, NE 28th Street and
Dewey Street for a Total Contract Value of $823,236.00.
The City Council approved the following recommendation: Authorize Execution of Amendment
No. 2 in the Amount of $385,654.00 to City Secretary Contract No. 35525, an Engineering
Agreement With Teague Nall & Perkins, Inc., for the Stormwater Utility Project -Lebow Channel
Roadway Crossing Replacement at Brennan Avenue, NE 28th Street and Dewey Street, Thereby
Revising the Total Contract Cost to $823,236.00.
8. M &C C -25348 - Authorize Execution of Amendment No. 2 in the Amount of
$121,950.80 to City Secretary Contract No. 38775, an Engineering Agreement
with Kennedy Consulting, Ltd., for the Design of Dirks Road from Bryant Irvin
Road to Granbury Road for a Total Contract Amount of $1,608,483.85.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 10 of 43
(VII. CONSENT AGENDA Continued)
(C -25348 Continued)
The City Council approved the following recommendation: Authorize Execution of Amendment
No. 2 in the Amount of $121,950.80 to City Secretary Contract No. 38775 With Kennedy
Consulting, Ltd., for Design of Dirks Road From Bryant Irvin Road to Granbury Road, Thereby
Revising the Total Contract Cost to $1,608,483.85.
9. M &C C -25349 - Authorize Execution of a Work Order in the Amount of
$90,723.64 Plus $18,276.36 in Contingency and Staff Administration with Job
Order Contractor, Yeargan Construction Company, L.L.C., and The MARK IV
Construction Group, L.L.C., to Replace the Existing Grease Trap for the Main
Kitchen at the Fort Worth Convention Center.
The City Council approved the following recommendation: Authorize the Execution of a Work
Order in the Amount of $90,723.64, Plus $18,276.36 in Contingency and Staff Administration,
With Job Order Contractor, Yeargan Construction Company, L.L.C., and the MARK IV
Construction Group, L.L.C., to Replace the Existing Grease Trap for the Main Kitchen at the
Fort Worth Convention Center.
10. M &C C -25350 - Authorize Use of an Amount Not to Exceed $191.82 in Interest
Earned on Funds Granted to the City of Fort Worth by the 2011 Tobacco
Compliance Grant to Be Used for Peace Officer Overtime and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Use of $191.82 in
Interest Already Earned on Funds Granted to the City of Fort Worth by the 2011 Tobacco
Compliance Grant to be Used for Peace Officer Overtime; and Adopt Appropriation Ordinance
No. 20011 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund
From Available Funds, for the Purpose of Funding Tobacco Education and Prevention Peace
Officer Overtime.
11. M &C C -25351 - Authorize Use of an Amount Not to Exceed $250.00 in Interest
Earned on Funds Granted to the City of Fort Worth by the 2012 Tobacco
Compliance Grant to Be Used for Peace Officer Overtime and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Use of Up to $250.00
in Anticipated Interest Earned on Funds Granted to the City of Fort Worth by the 2012 Tobacco
Compliance Grant to be Used for Peace Officer Overtime; and Adopt Appropriation Ordinance
No. 20012 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund
From Available Funds, for the Purpose of Funding Tobacco Education and Prevention Peace
Officer Overtime.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 11 of 43
(VII. CONSENT AGENDA Continued)
12. M &C C -25352 - Ratify Application for and Authorize Execution of Agreement
Regarding the Proiect Safe Neighborhood Grant from the North Central Texas
Council of Governments in the Amount of $5,000.00 in Order to Participate in a
Joint Effort to Reduce Violent Gun Crime and Gang Crime and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Ratify Application for a Project Safe
Neighborhood Grant From the North Central Texas Council of Governments ( NCTCOG) in the
Amount of $5,000.00; Authorize Acceptance of Grant Funds, if Awarded, by Entering into a
Contract With the NCTCOG for Implementation of the Project; and Adopt Appropriation
Ordinance No. 20013 -12 -2011 Increasing the Estimated Receipts and Appropriations in the
Grants Fund, Subject to Receipt of the Grant, for the Purpose of Participating in a Joint Effort to
Reduce Violent Gun Crime and Gang Crime.
13. M &C C -25353 - Authorize Acceptance of Proiect Safe Neighborhood Grant
Funds in the Amount of $8,583.65 from the North Central Texas Council of
Governments, Authorize Execution of a Contract with the North Central Texas
Council of Governments and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Acceptance of Grant
Funds in the Amount of $8,583.65 From the North Central Texas Council of Governments
( NCTCOG) for the Police Department's Gang Unit; Authorize Execution of a Contract With the
NCTCOG for Implementation of the Grant Funded Project; and Adopt Appropriation Ordinance
No. 20014 -12 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund,
Subject to Receipt of the Grant, for the Purpose of Officer Overtime for the Police Department's
Gang Unit Participating in Project Safe Neighborhood.
14. M &C C -25354 - Authorize Execution of Amendment No. 6 in the Amount of
$440,677.00 to City Secretary Contract No. 39252 with Jacobs Engineering
Group, Inc., for Additional Land Acquisition Services and Additional
Environmental Testing Associated with the Relocation of John Day Road and
Keller Haslet Road and the Relocation of the Burlington Northern Santa Fe
Railroad Mainline for the Alliance Runway Extension Proiect.
The City Council approved the following recommendation: Authorize Execution of Amendment
No. 6 to City Secretary Contract No. 39252 in the Amount of $440,677.00 With Jacobs
Engineering Group, Inc., for Additional Land Acquisition Services and Additional
Environmental Testing Associated With the Relocation of John Day Road and Keller Haslet
Road and the Relocation of the Burlington Northern Santa Fe Railroad Mainline for the Alliance
Runway Extension Project. The Total Fee Paid by the City of Fort Worth for All Work and
Services Under This Contract Shall Not Exceed the Sum of $3,745,548.92.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 12 of 43
(VII. CONSENT AGENDA Continued)
15. M &C C -25355 - Authorize Execution of a Contract in the Amount of $699,657.25
with EAS Contracting, L.P., for Phase 7 Rehabilitation and Improvements at Fort
Worth Alliance Airport.
The City Council approved the following recommendation: Authorize Execution of a Contract
with EAS Contracting, L.P., in the Amount of $699,657.25 for Phase 7 Rehabilitation and
Improvements at Fort Worth Alliance Airport.
16. M &C C -25356 - Authorize Execution of a Contract in the Amount of $788,000.00
with Solar Turbines, Inc., for the Rebuild of Turbine Engine No. 2 at Village
Creek Water Reclamation Facility.
The City Council approved the following recommendation: Authorize Execution of a Contract
With Solar Turbines, Inc., in the Amount of $788,000.00 for the Rebuild of Turbine Engine No.
2 at Village Creek Water Reclamation Facility.
17. M &C C -25357 - Authorize Application for and Acceptance of, if Awarded, a
Grant from the Texas Department of Agriculture in the Amount Up to
$150,000.00 for the Child and Adult Care Food Program for At -Risk After School
Programs, Authorize Execution of a Contract with the Texas Department of
Agriculture, Waive Indirect Costs and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Application for and
Acceptance of, if Awarded, a Grant From the Texas Department of Agriculture (TDA) in an
Amount Up to $150,000.00 for the Child and Adult Care Food Program for At -risk After School
Programs; Authorize Execution of a Contract With TDA for the Child and Adult Care Food
Program for At -risk After School Programs for the Period October 1, 2011, Through September
30, 2012, Upon Receipt of the Grant; Authorize Waiver of Indirect Costs, Which are Not
Allowed by This Grant and are Addressed by Other Grants That Provide Salaries for Staff, and
Adopt Appropriation Ordinance No. 20015 -12 -2011 Increasing the Estimated Receipts and
Appropriations in the Grants Fund, Subject to Receipt of the Grant, for the Purpose of Funding
the Programs.
18. M &C C -25358 - Authorize Acceptance of a Grant and Execution of a Contract
with the Texas Department of Housing and Community Affairs for the
Community Services Block Grant Program in an Amount Up to a Total of
$1,500,000.00 Through December 31, 2012, Authorize Interfund Loan, Apply
Indirect Costs and Adopt Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 13 of 43
(VII. CONSENT AGENDA Continued)
(C -25358 Continued)
The City Council approved the following recommendation: Authorize Acceptance of a Grant and
Execution of an Extension of Contract With the Texas Department of Housing and Community
Affairs in an Amount Up to $1,500,000.00 for the 2012 Community Services Block Grant
Program; Authorize a Non - Interest Bearing Interfund Loan From the Fund Balance of the
General Fund to the Grants Fund in the Amount of $300,000.00 for Interim Financing of This
Grant Project Pending Contract Execution; Adopt Appropriation Ordinance No. 20016 -12 -2011
Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of
the Grant, for the Purpose of Funding the 2012 Community Services Block Grant Program; and
Apply Indirect Costs at a Rate of 19.18 Percent, Which is the Most Recently Approved Rate for
This Department and Apply the New Approved Rate When Available.
19. M &C C -25359 - Authorize Execution of a Construction Contract with Raydon,
Inc., in the Amount of $113,660.90 for Renovations at Meadowbrook Golf Course.
The City Council approved the following recommendation: Authorize the Execution of a
Construction Contract With Raydon, Inc., in the Amount of $113,660.90 for Renovations at
Meadowbrook Golf Course.
20. M &C C -25360 - Authorize Acceptance of Low Income Weatherization Assistance
Program Funds in an Amount Up to $612,000.00 from the Texas Association of
Community Action Agencies, Authorize Related Contract Amendment and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Acceptance of a Grant in
an Amount Up to $612,000.00 From the Texas Association of Community Action Agencies
( TACAA) for a Low Income Weatherization Program; Authorize Execution of an Amendment to
City Secretary Contract No. 37797 With the TACAA to Accept the Additional Grant Funds and
Extend the Contract for an Additional Term Beginning November 1, 2011, and Ending October
31, 2012; Adopt Appropriation Ordinance No. 20017 -12 -2011 Increasing the Estimated Receipts
and Appropriations in the Grants Fund, Subject to Receipt of the Grant, for the Purpose of
Funding the Program.
21. M &C C -25361 - Authorize Acceptance of Funds and Execution of Agreement
with Tarrant County in an Amount Up to $30,000.00 for Fiscal Year 2012 for the
Operation of Two Community Action Partners Centers, Authorize Execution of
Lease Agreement for One Center and Adopt Appropriation Ordinance.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 14 of 43
(VII. CONSENT AGENDA Continued)
(C -25361 Continued)
The City Council approved the following recommendation: Authorize Acceptance of Funds and
Execution of an Agreement With Tarrant County for Fiscal Year 2012 in an Amount Up to
$30,000.00 for the Operation of Two (2) Community Action Partners Centers; Authorize
Execution of a Lease Agreement With Mary Hartman for the Far Northwest Community Action
Partners Center in an Amount Not to Exceed $10,534.68 per Year; and Adopt Appropriation
Ordinance No. 20018 -12 -2011 Increasing the Estimated Receipts and Appropriations in the
Grants Fund in an Amount Up to $30,000.00, Subject to Receipt of the Funds, for the Purpose of
Funding the Operation of Two (2) Community Action Partner Centers for Fiscal Year 2012.
22. M &C C -25362 - Authorize Acceptance of Additional Grant Funds from the Texas
Department of Housing and Community Affairs in the Amount of $32,753.00 for
the 2012 Weatherization Assistance Program, Authorize Execution of a Grant
Contract for the Total Amount of the Award, Waive Indirect Costs and Adopt
Appropriation Ordinance.
The City Council approved the following recommendation: Authorize Acceptance of Additional
Grant Funds From the Texas Department of Housing and Community Affairs ( TDHCA) in the
Amount of $32,753.00 for the 2012 Weatherization Assistance Program; Authorize Execution of
a Grant Contract With the TDHCA for the Total Amount of the Award; Waive Indirect Costs;
and Adopt Appropriation Ordinance No. 20019 -12 -2011, Increasing the Estimated Receipts and
Appropriations in the Grants Fund, Subject to Receipt of the Grant, for the Purpose of Funding
the 2012 Weatherization Assistance Program.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS -1835 - Notice of Claims for Alleged Damages and /or Iniuries
End of Consent Agenda.
A. General - Consent Items (Removed from Consent Agenda for Individual
Consideration)
G-174T(�.-,.AOqPt the Finan04�.Mauagetnent Policy
_.$t#�eWnts for Fiscal
Year 2012.
The recommendation was that the City Council Adopt the Financial Management Policy
Statements for Fiscal Year 2012.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 15 of 43
(G -17470 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. G -17470 be approved as amended
with direction to City Manager Higgins to come back to the Council with a
presentation on the City's Oil and Gas Trust Fund and with recommendations. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Moss absent.
B. Purchase of Equipment, Materials, and Services - Consent Items (Removed from
Consent Agenda for Individual Consideration)
4 ,,
Line Subscription Services from West Publishing Corporation Using a Council on
Colmpetitive"Goverulment, Cooperative Contract for an Amount Not to Exceed
$73,000.00 for the First Year.
The recommendation was that the City Council Authorize Execution of a Purchase Agreement
for Westlaw On -Line Subscription Services From West Publishing Corporation Using a Council
on Competitive Government Cooperative Contract No. CALIR- 2010 -001 for an Amount Not to
Exceed $73,000.00 for the First Year.
Assistant City Secretary Gonzales advised that Mayor and Council Communication P -11333 had
been amended to reflect that the price analysis should read as follows: "Prices under this
agreement are approximated 20% lower."
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member
Shingleton that Mayor and Council Communication No. P -11333 be approved as
amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Moss absent.
E. Award of Contract - Consent Items (Removed from Consent Agenda for
Individual Consideration)
Authorize Agreement
Services with Front Range Resources for the Purchase of Information jtigh�nolo �
Asset......... ....... ..... "" .......,1 .. 1............, ........, ........, ........ ........,
Information Technolo2v Solutions 4
The recommendation was that the City Council Authorize Execution of an Agreement for
Software and Professional Services With Front Range Resources for the Purchase of Information
Technology Asset Management Software, Training, Maintenance and Support for the
Information Technology Solutions Department in an Amount Not to Exceed $213,740.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 16 of 43
(C -25341 Continued)
Assistant City Secretary Gonzales advised that Mayor and Council Communication C -25341 was
removed from the Consent Agenda to correct the legal name of the entity from "Front Range
Resources" to "Front Range Solutions, USA, Inc."
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth
that Mayor and Council Communication No. C -25341 be approved as amended.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Moss absent.
�Mil 111, 111, �; c 1
Council Member Scarth presented the Proclamation for Urban Land Institute Day to Mr. Robert
Folzenlogen, Vice - Chair, Urban Land Institute. He stated for the past 75 years, the Urban Land
Institute (ULI) had been committed to their mission that provided leadership in the responsible
use of land as well as in creating and sustaining thriving communities worldwide. He further
stated that ULI brought together leaders from across the fields of real estate and land use policy
that exchanged best practices and served community needs and explored issues of urbanization,
conservation, regeneration, land use, capital formation and sustainable development. He stated
that ULI fostered collaboration within and beyond their membership through mentoring,
dialogue, problem solving and shared knowledge through education, applied research, publishing
and electronic media. He added they sustained a diverse global network of local practice and
advisory efforts that addressed current and future challenges. He encouraged all citizens to
celebrate ULI for their outstanding contributions to the City and the communities around the
world.
Mr. Folzenlogen expressed appreciation to the Mayor and Council for the Proclamation and to
Fernando Costa, Assistant City Manager, for his leadership and initial founding of the district.
Initiative
Council Member Burns presented the Certificate of Recognition to Mr. Johnny Campbell,
President and CEO, Sundance Square for their sponsorship of Sundance Square for the Holiday
Downtown Initiative. He stated that the City recognized Sundance Square for their essential
financial support of Downtown Fort Worth's celebration for the 2011 holiday season. He further
stated that Sundance Square was the key sponsor for the 2011 Christmas tree which enabled Fort
Worth to continue their 29 -year tradition. He added that in conjunction with Chesapeake Energy,
Sundance Square added state of the art LED lighting elements to their downtown buildings
which further enhanced Fort Worth's skyline for the benefit of the entire metroplex. He stated
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 17 of 43
(IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #2 Continued)
that without the considerable amount of dedication and enthusiasm presented by Sundance
Square this important beacon of the holiday season would not have been possible. He added that
accomplishments like these went a long way by strengthening the City's reputation as one of
America's most livable cities.
Council Member Burns presented a Certificate of Recognition to Julie Wilson, Vice President
Urban Development, Chesapeake Energy. He stated that the City of Fort Worth recognized
Chesapeake Energy for their key financial support of the downtown Fort Worth's celebration of
the holiday season. He further stated that Chesapeake Energy was the title sponsor of the 2011
Parade of Lights by providing the necessary funding which brought the 29 -year tradition back to
life again this year. He reiterated that in conjunction with Sundance Square, Chesapeake Energy
added state of the art LED lighting elements to their downtown buildings, which further
enhanced Fort Worth's skyline for the benefit of the entire metroplex.
Ms. Wilson expressed appreciation to the Mayor and Council for the Certificate of Recognition
and invited everyone to view their trees at Chesapeake Plaza and pointed out that Santa Claus
would visit Chesapeake Plaza on December 17, 2011.
Mr. Campbell expressed appreciation to the Mayor and Council for the Certificate of
Recognition and to everyone who assisted in the downtown holiday initiative.
611111111111 c t t
1. Uncomin2 and Recent Events
Council Member Burns announced that the North Texas Tollway Authority (NTTA) would
conduct a meeting for the residents and commuters near Interstate 30 and downtown Fort Worth
at 6:00 p.m. on December 19, 2011, at the Fort Worth Botanic Garden, located at 2300 Botanic
Garden Boulevard. He advised those interested to contact the District 9 office at 817 - 392 -8809
for more information. He advised citizens who lived in the Ryan Place neighborhood that there
had been recent burglaries in the area and that there would be a meeting with the neighborhood
patrol officer and the crime prevention specialist from the Police Department at 7:00 p.m. on
January 9, 2012, at Saint John's Episcopal Church, located at 2401 College Avenue. He
recognized his husband, J.D. Angle who had brought Jacob and Charles to the meeting who were
foreign exchange students that were staying with them while they attended Paschal High School.
He stated that Charles was from Nantes, France and was a sophomore at Paschal High School
and he played on the JV football team and would also be running track. He also stated that Jacob
was from Southwest Germany and was a junior at Paschal High School and he was involved in
Boy Scout Troop 17.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 18 of 43
(X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued)
Council Member Scarth announced that the Stock Show Parade would be held at 10:00 a.m. on
January 14, 2012, in downtown Fort Worth and advised it was the world's largest non - motorized
parade. He added 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 and encouraged the citizens to attend both events.
2. Recognition of Citizens
There were no citizens recognized at this time.
There were no changes in membership on boards and commissions.
c c 1 r 1
There were no presentations and /or communications from boards, commissions and /or city
council committees.
XIII. RESOLUTION
1. A Resolution Findin2 That an Emergency Situation Exists and Recluesting the
. ...............................
.. ...........................
Uniform Election Date to Address the Emergench
Council Member Hicks advised she would abstain from voting on this item.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan
that the Resolution be withdrawn from consideration. The motion carried seven (7)
ayes to zero (0) nays, with one (1) abstention by Council Member Hicks and
Council Member Moss absent.
XIV. REPORT OF THE CITY MANAGER
B. General
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 19 of 43
The recommendation was that the City Council Authorize the City Manager to Enter Into a
Partial Compromise Settlement and Release Agreement in the Lawsuit Styled PAZ Energy, LLC
vs. Dallas/Fort Worth International Airport Board, et al, Cause No. 153- 237052 -09, Tarrant
County; and Adopt a Resolution Authorizing an Amendment to the Mineral Lease for Property
Located at Dallas/Fort Worth International Airport Between the City of Fort Worth, the City of
Dallas, the Dallas/Fort Worth International Airport Board and Chesapeake Exploration, LLC,
Partially Settling the Dispute Between Dallas/Fort Worth International Airport Board and
Chesapeake Exploration, LLC.
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
Shingleton that Mayor and Council Communication No. G -17473 be approved as
amended and Resolution No. 4053 -12 -2011 be adopted. The motion carried seven
(7) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan and
Council Member Moss absent.
74 Autkpy qp..f4y F4
Delivery Committee of Oncor Electric
1
Re2ulation at the Texas Le2islature and State Regulatory Entities.
The recommendation was that the City Council Authorize Payment of $74,121.00 to the Steering
Committee of Oncor Electric Delivery Service Area Cities to Fund Participation in Current and
Upcoming Dockets (Including Rulemakings) and Other Proceedings Related to Electric Utility
Regulation at the Texas Legislature and State Regulatory Entities.
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 Burns made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. G -17474 be approved. The motion
carried seven (7) ayes to zero (0) nays, with one (1) abstention by Council Member
Scarth and Council Member Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 20 of 43
1116160
The recommendation was that the City Council Authorize Settlement of the Claim Filed by Chip
Searcy, Attorney at Law, on Behalf of Betty Harris; Authorize the Payment of $120,000.00 to
Betty Harris and Chip Searcy, Attorney at Law, in Full and Complete Settlement of the
Referenced Claim; and Authorize the Appropriate City Personnel to Execute any Releases and
Agreements Necessary to Complete the Settlement.
Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks
that Mayor and Council Communication No. G -17475 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
w
in
The recommendation was that the City Council Authorize the purchase of the City's Commercial
Property Insurance From Hub International Rigg, Broker of Record at a Total Premium of
$995,085.00; and Authorize the Purchase of the City's Commercial Boiler and Machinery
Insurance by the Broker of Record at a Total Premium of $84,627.00.
Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks
that Mayor and Council Communication No. G -17476 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
�,, c c; 1 6
1
The recommendation was that the City Council Adopt the Availability and Disparity Study
Conducted by Mason Tillman Associates, Ltd.; Adopt the Business Diversity Enterprise
Ordinance With an Effective Date of June 1, 2012, Repealing All Previous Minority and Women
Business Enterprise Ordinances and Policies Previously Adopted; Adopting an Ordinance to
Remedy the Underutilization of Minority and Women Businesses, and to Enhance the Utilization
of Same; Defining Minority Business Enterprise, and Women Business Enterprise for Purpose of
Certification; Requiring Minority Business Enterprise and Women Business Enterprise
Participants to be Qualified and Doing Business in Locality From Which the City Regularly
Solicits; Establishing Separate Categories for Goals for Minority Business Enterprises in the
Specific Areas of Construction, and Professional Services Other Than Architectural and
Engineering and Minority and Women Business Enterprises in the Specific Area of Purchasing;
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 21 of 43
(G -17477 Continued)
Establishing Procedures for Contract Specific Goals; Providing Generally for the Procedures to
be Followed in the Procurement Process; Requiring Contractors to Submit Documentation of
Compliance in Order to be Responsive to City Specifications; Establishing Waiver of Goals
Procedures; Applying the Selective Use of Small Business Enterprise Provisions as Deemed
Appropriate; Allowing for Debarment for Misrepresentation of Facts as it Relates to
Compliance; Adopt the Following Overall Goals: a. Construction MBE (All Relevant Ethnic
Categories) Goal of 25 Percent; b. Professional Services (Excluding Architectural and
Engineering) African American Goal of 15 Percent; c. Small Business Enterprise Goal of 15
Percent.
Motion: Council Member Hicks made a motion, seconded by Council Member Burns that
Mayor and Council Communication No. G -17477 be approved as amended as
follows: That the language in the first paragraph of the Discussion Section, lines 7
and 8, read as follows: "...enhanced internal processes to strengthen participation
of M/WBEs for purchases of $50,000 or less; increased threshold for setting
subcontracting goals from $25,000 to greater than $50,000; ..." and applied as well
to the relevant sections of the Ordinance and that Ordinance No. 20020 -12 -2011 be
adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with
Council Member Moss absent.
. 1
1 t,
The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing
the Estimated Receipts and Appropriations in the Stormwater Capital Projects Bond Fund in the
Amount of $80,000,000, From Available Funds, for the Purpose of Funding Capital
Improvements to the Stormwater Infrastructure System, and Adopt an Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Stormwater Debt Service Fund in
the Amount of $244,701.88, From Available Funds, for the Purpose of Funding Capital
Improvements to the Stormwater Infrastructure System, From Proceeds From the Sale of
Stormwater Drainage Revenue Bonds, Series 2011.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth
that Mayor and Council Communication No. G -17478 be approved and
Appropriation Ordinance Nos. 20021 -12 -2011 and 20022 -12 -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
DECEMBER 13, 2011
Page 22 of 43
The Recommendation was that the City Council Adopt an Ordinance Increasing the Estimated
Receipts and Appropriations in the Expanded Narcotics Section of the Crime Control and
Prevention District Fund in the Amount of $274,812.00, From Available Funds in the School
Security Initiative Section of the Same Fund, for the Purpose of Funding the Expanded Narcotics
Investigations; Adopt an Ordinance Increasing the Estimated Receipts and Appropriations in the
Officer Recruitment Section of the Crime Control and Prevention District Fund in the Amount of
$93,574.00, From Available Funds in the Police Cadet Section of the Same Fund, for the
Purpose of Funding Officer Recruitment; and Approve Moving Three (3) Positions for Fiscal
Year 2012 From the School Security Initiative Program to the Expanded Narcotics Investigation
Program Presented to and Approved by the Crime Control and Prevention District Board of
Directors on August 30, 2011.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman that Mayor and Council Communication No. G -17479 be approved
and Appropriation Ordinance Nos. 20023 -12 -2011 and 20024 -12 -2011 be adopted.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Moss absent.
70Q--- <
and Add the Plan to the Citv's Comprehensive Plan.
The recommendation was that the City Council Adopt a Resolution Approving the Fort Worth
Library's System Master Plan; and Incorporate the Plan by Reference in the Comprehensive
Plan.
The following individuals appeared before Council in support of Mayor and Council
Communication No. G -17480 and stated that the Library Advisory Board reviewed, gathered
feedback, asked questions and made suggestions to the Library's 20/20 Vision Plan. They
pointed out that this was a plan where the goals and objectives could be reached and met or
exceeded the needs of the customers. They added that the plan had evolved from the 2010 form
from the collaborative efforts of the Library staff and the constituents that were involved. They
stated that the plan would provide the library system with the framework to guide the next level
of planning to flush out the details so that the resources could be allocated appropriately across
the library system that would enhance the facilities, update the technology, better target the
services for the customers and improve operational efficiency. They stated that the 20/20 Vision
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 23 of 43
(G -17480 Continued)
Plan was prioritized well even though resources were tight and it could be adjusted accordingly
should fundraising or other partnerships be identified. They further stated that the plan addressed the
needs for a 21st Century library system that would keep pace with the culture within the City and
added that the plan recognized the demographics of each library branch in their trade areas and
aligned services with customer market segmentation data. They stated that the plan was organized in
stages so that all of the library facilities would receive attention and that no libraries would be closed.
They expressed appreciation to the City and the Library staff because they saw the need for change
and embraced it by making libraries more relevant for the patrons.
Ms. Jennifer Trevino, 2505 Capri Drive, Chair, Library Advisory Board
Mr. Raymond Keller, 1120 North Riverside Drive
Ms. Bunny Gardner, 3701 Stoney Creek Road
Council Member Shingleton stated that this was a solid plan and that it was a great addition to the
educational process of the City.
Council Member Scarth expressed appreciation to the Friends of the Fort Worth Public Library, Inc.,
the Library Advisory Board and City staff for their hard work on this plan. He stated that the plan
was not set in concrete and that there was still room for citizen input or other points of view. He
encouraged the Library Advisory Board to collaborate with City staff and added that this was a good
tough plan and that he was looking forward to putting the plan in place and seeing it evolve.
Council Member Espino stated that this was an example of how the public process worked. He stated
when the first draft of the Vision 20/20 plan was released, there was wide spread concern throughout
the City about some of the initial recommendations. He expressed appreciation to all involved who
had worked on the plan. He stated that there had been concern in north Fort Worth because initial
recommendations called for the closure of the North Side Library and the Diamond all Library,
which the plan made possible to keep open. He pointed out that the plan recognized the growth of the
City, the cause for library presence in north Fort Worth, remodeling and a larger facility for the
Summerglen Library.
Mayor Pro tem Zimmerman stated that the plan was a guidepost and challenged the different entities
that were involved in the library to work together to make the plan happen.
Council Member Burns reminded everyone that the plan now had to be integrated into the budget
process which would require tough decisions to be made.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan that
Mayor and Council Communication No. G -17480 be approved and Resolution No.
4054 -12 -2011 be adopted. The motion carried eight (8) ayes to zero (0) nays, with
Council Member Moss absent.
Well Pad Site Permit f r the
Anderson Lease Located at 3809 Avenue C Less Than 600
(PUBLIC HEARING)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 24 of 43
(G -17481 Continued)
The recommendation was that the City Council Conduct a Public Hearing and Consider a Waiver
Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit for the
Anderson Lease Located at 3809 Avenue C Less Than 600 Feet From a Protected Use.
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.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
a. Report of City Staff
Mr. Rick Trice, Assistant Director Gas Wells, Planning and Development Department, appeared
before Council and provided a staff report.
Mr. Charles Davis, Chesapeake Representative, 100 Energy Way, appeared before Council and
provided an overview of the request.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
C. Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton
that the public hearing be closed and that Mayor and Council Communication No.
G -17481 be approved. The motion carried seven (7) ayes to zero (0) nays, with one
(1) abstention by Council Member Jordan and Council Member Moss absent.
, ,,,,,,,, ,,,,,,,,,, ,,,,,,,,, ,,,,,,,,,, ,,,,,,,,,, 1101 4
The recommendation was that the City Council Conduct a Public Hearing Concerning the
Designation of Tax Abatement Reinvestment Zone No. 78, City of Fort Worth, Texas, for the
Current Bell Helicopter Textron, Inc., Facilities at Highway 10, East Fort Worth as Incentive for
the Expansion of These Facilities; and Adopt an Ordinance Designating a Certain Area in the
City of Fort Worth as "Tax Abatement Reinvestment Zone Number 78, City of Fort Worth,
Texas ", Pursuant to and in Accordance With Chapter 312 of the Texas Tax Code.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 25 of 43
(G -17482 Continued)
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
Mr. Robert Hastings, P.O. Box 482, representing Bell Helicopter, appeared before Council in
support of Mayor and Council Communication No. G- 17482. He stated that the aerospace
industry represented a vital part of the United State's industrial base in the nation's long term
economic and national security. He further stated that the aerospace sector of which Bell
Helicopter was a part of, offered some of the most highly skilled jobs in the world and was one
(1) of the few remaining industry sectors with a positive balance of trade. He stated that Bell
Helicopter was proud to be a long time member of the City for more than 50 years and that they
were especially proud that their products were designed, engineered and for the most part
manufactured for the frontlines supporting the men and women of the Armed Forces. He added
that the products were also used by civil authorities in law enforcement and emergency medical
and other humanitarian operations. He further stated that the company contributed $7.6 Billion a
year to the economy of Texas and sustained approximately 40,000 jobs. He stated that they were
excited about the partnership that would submit Fort Worth as Bell Helicopter's global
headquarters. He further stated that as a long range strategic plan Bell Helicopter would be
consolidating and upgrading their facilities, strengthening their position as one of the leading
employers in Fort Worth and the U.S. aerospace industry. He added that Bell Helicopter invested
in the revitalization of their facilities which would provide both current and future employees
with a modern, safe and comfortable place to work, which would enable the company to track
and retain some of the best and brightest talent in the nation into the City. He stated by co-
locating most of the Fort Worth based operations and a number of operations outside of Fort
Worth they would be able to leverage efficiency and streamline operations. He added that this
would allow them to become one (1) of the most cost competitive and responsive members of the
aerospace industry. He expressed appreciation to the City of Fort Worth for their willingness to
partner with Bell Helicopter in the important revitalization effort. He stated that they understood
there would be tough decisions that would be made when it came to the City's budget and that
Bell Helicopter was committed to being a partner with the City of Fort Worth. He further stated
that they would be investing $235 Million in new facilities and operations and more in research
and development that would be spent largely in the City. He added that the investment would be
good for their customers, employees and the City.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 26 of 43
(G -17482 Continued)
C. Council Action
Motion: Council Member Scarth made a motion, seconded by Council Member Jordan that
the public hearing be closed and that Mayor and Council Communication
No. G -17482 be approved and Ordinance No. 20025 -12 -2011 be adopted. The
motion carried six (6) ayes to two (2) nays, with Council Member Espino and
Council Member Hicks casting the dissenting votes and Council Member Moss
absent.
(Council moved down the Agenda to consider Mayor and Council Communication
No. C- 25367.)
The recommendation was that the City Council Authorize the Execution of a One (1) Year Tax
Abatement Agreement and a 19 -Year Economic Development Program Agreement With Bell
Helicopter Textron, Inc., for the Expansion and Consolidation of the Main Headquarters
Operations in the Vicinity of the Intersection of Highway 10 and Trinity Boulevard; and
Approve the Waiver of Certain Related Development Fees.
Mr. Bill Thornton, President, Fort Worth Chamber of Commerce, 3412 Clear Fork Trail,
appeared before Council in support of Mayor and Council Communication No. C -25367 and
expressed appreciation to the Housing and Economic Development Department staff for their
hard work and intense negotiations that resulted in an agreement that captured significant capital
investment for the City and would retain jobs. He stated that he was very impressed with the
City's ability to retain a company while they represented the best interest of the citizens. He
expressed appreciation to Mr. Jay Chapa, Director, Housing and Economic Development
Department and Mr. Robert Sturns, Economic Development Manager, Housing and Economic
Development Department, for their hard work on this project.
Ms. JaNae McPeek, 1917 Gettysburg Place, Bedford, Texas 76022, appeared before Council in
opposition to Mayor and Council Communication No. C- 25367. She stated that she wanted Bell
Helicopter to be competitive and succeed. She further stated that as stakeholders in Bell
Helicopter, the Tarrant County community and taxpaying contributors wanted Bell Helicopter to
thrive at the Fort Worth Headquarters. She stated that the proposal by Bell Helicopter, as written
and presented, should not be approved. She further stated that tax abatements were a good tool to
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 27 of 43
(C -25367 Continued)
aid in business development and increased employment levels; however, there was no indication
that would be the intention of Bell Helicopter. She advised that the jobs were being decreased
and Bell Helicopter was asking the taxpayers of the City and Tarrant County to "foot the bill ".
She added that 45 jobs were recently transferred to Amarillo. She stated that the inconsistencies
and vagueness of Bell Helicopter's current proposal to the City and the County should be
addressed and that there were no guarantees in the current proposal from Bell Helicopter to
increase or maintain current employment levels in the vicinity of Fort Worth and Tarrant County.
She further stated that it was imperative that the Council reconsider granting the abatement
between Bell Helicopter and the City until they provided exact numbers of employees in relation
to exact locations. She added that the proposal indicated that the 4,500 jobs were Bell /Textron
full -time jobs; however, that was an inaccurate reflection of true sustainable employment in Fort
Worth and Tarrant County. She stated that Textron employees on the employment records of
Bell Helicopter could be located anywhere and this issue should be addressed by the Council.
She further stated that there should be significant penalties for any reduction of employment
numbers and that Bell Helicopter's proposal decreased the number of employees from 6,465 to
the proposed 4,500. She added that Bell Helicopter had a history of ignoring contractual
obligations and failed to comply with binding legal rulings. She further stated that Bell
Helicopter wanted an additional one (1) percent tax break for every 25 employees above 4,500
but were only asking the City to penalize them for every 100 employees under 4,500. (Also
provided handouts.)
Council Member Hicks requested clarification about whether union jobs were being decreased
and how many jobs had been decreased over the past year. She questioned whether jobs were
being moved to Amarillo.
Ms. McPeek clarified that Bell Helicopter had already started decreasing jobs and that all 45
were union jobs and more were expected to be lost. She stated that Amarillo conducted the
assembly of the parts produced here in Fort Worth and that all procurement operations were
moved to Amarillo.
Council Members Burns, Espino and Hicks requested clarification regarding the abbreviations
that Ms. McPeek used in the attachments of her handouts. They also asked whether Bell
Helicopter was reducing jobs from 6,465 to 4,500 and what Ms. McPeek meant by the one (1)
percent tax break for every 25 employees above 4,500 and the penalties for every 100 employees
fewer than 4,500. They stated that Ms. McPeek alluded to the project site or vicinity and that
from the City's prospective they were only looking at the proposal as in terms of jobs in the City.
They requested clarification about what Ms. McPeek meant when she talked about the vicinity
and whether the jobs could be located outside the City. They also questioned whether the jobs
being moved to Amarillo were union jobs.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 28 of 43
(C -25367 Continued)
Ms. McPeek clarified the meaning of her abbreviations to the Council. She stated that currently
Bell Helicopter had 6,465 jobs but they were only promising the City 4,500 jobs. She pointed out
that this would be a reduction and the way the numbers were presented was deceptive. She
advised that when she referred to the vicinity she meant to the entire Tarrant County area where
Bell Helicopter was located. She stated that both union and non -union jobs were moved to
Amarillo and reiterated the jobs were procurement positions.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. C- 25367, but did not wish to address the Council:
Ms. Sheila McMahon, 5904 Dangerfield Court, Arlington, Texas 76017
Ms. Mary Hermann, 5033 Highland Meadow Drive
Ms. Karalea Albrecht, 2638 Durango Ridge Drive, Bedford, Texas 76021
Mr. Marc Cummins, 529 Sunset Court, Hurst, Texas 76054
Ms. Phyllis Sears, 7304 Moon Ridge Court, completed a speaker card in opposition to Mayor
and Council Communication No. C -25367 and was recognized by Mayor Price, but was not
present in the Council Chamber.
Mr. Robert Hastings, P.O. Box 482, representing Bell Helicopter, appeared before Council in
support of Mayor and Council Communication No. C -25367 and advised that there was a
guarantee within the agreement. He stated that there was a minimum level of employees that Bell
Helicopter would maintain to receive the incentives and if they were not maintained then
penalties would be applied. He further stated that 6,465 was the number of employees that were
in the entire Dallas/Fort Worth region and the plants outside of Fort Worth were considered
monument plants. He stated there would be an excessive cost to consolidate those plants.
Council Member Shingleton requested clarification regarding consolidation of facilities
operating outside the City limits.
Mr. Hastings clarified that jobs were being brought in primarily from Roanoke, Texas and that
all of the operations would be consolidated into Fort Worth. He stated that the monument
facilities were not being closed or moved and that they were never a part of the agreement with
the City.
Council Members Burns, Jordan, Scarth and Espino requested clarification from Mr. Jay Chapa,
Director, Housing and Economic Department, about the incentives and the penalties based on
employment numbers and how that compared to other recruitment and retention proposals
involving the City. They asked if the jobs were full -time or part-time jobs and if there was an
existing agreement with Bell Helicopter. They also asked what the trend -line was on the full -
time equivalent employment at the location, specifically if there was an increase included in the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 29 of 43
(C -25367 Continued)
agreement. They stated that it appeared Ms. McPeek's concern was because the agreement stated
4,500 jobs at the site and in the vicinity and that Bell Helicopter could reduce the workforce by
2,000 jobs and still have 4,500 jobs in the vicinity. They explained that the agreement actually
meant 4,500 jobs in Fort Worth and did not include any jobs outside of Fort Worth. They advised
that the opportunity to reduce the jobs by 2,000 in Fort Worth and then count the 2,000 outside
of Fort Worth was not part of the agreement. They further advised that Bell Helicopter could
reduce their employment levels; however, the way the agreement was structured there was a
penalty for any reduction. They requested Mr. Chapa to elaborate on what the employment levels
were under the agreement, where the jobs would be located, how many of those jobs were
required to be Fort Worth residents and Central City residents and what would occur should Bell
Helicopter fail to meet those commitments. They also asked Mr. Chapa to explain the minimum
thresholds and why the 4,500 jobs that were needed by December 31, 2014, dropped to 4,100 by
December 31, 2022. They requested clarification about what would happen if Bell Helicopter
gained more than 5,000 employees in the agreement. They also requested clarification on what
the agreement stated regarding the Minority/Women and Businesses Enterprise (MWBE)
requirements.
Mr. Chapa clarified that the numbers used before were in the Tarrant County tax abatement
agreement, which was a Tarrant County wide number and were not a part of the City's
agreement. He stated that this was a typical agreement with the City and to reach the overall 80
percent level, the company would be required to meet various thresholds. He advised that if Bell
Helicopter went under 4,500 jobs they would be penalized. He reiterated that for Bell Helicopter
to reach the 80 percent they would be required to meet the minimum investment levels by hiring
Fort Worth and Central City residents and use Fort Worth companies and their construction
contracting supplies and services. He stated this agreement was similar to those that had been
completed before. He pointed out that the City was trying to retain Bell Helicopter long term by
partnering with them to ensure they would be successful and guarantee that the jobs would be in
Fort Worth in the long term. He stated that the jobs were full -time equivalent and did not include
contractors. He further advised that the City did not currently have an agreement with Bell
Helicopter. He stated that there was not an increase in the overall requirement but merely
retention of jobs. He reiterated that Bell Helicopter was consolidating to become more
competitive and to acquire a larger market share. He stated this would mean more jobs in the
future; however, that was not guaranteed. He advised that no additional jobs were included in the
agreement and there would be no additional incentives for added jobs. He clarified the agreement
included 4,500 jobs in Fort Worth and the jobs outside of Fort Worth were not part of the
agreement. He pointed out that 20 percent of the jobs would be Fort Worth residents and five (5)
percent would be Central City residents. He added that 25 percent of the overall incentive was
tied to the job component of the agreement and that the rest of the components were tied to
investments, contracting requirements and utilization of Fort Worth companies for supplies and
services. He advised that Bell Helicopter was required to have 25 percent of the construction
costs spent with the Fort Worth MWBE vendors and that $500,000.00 was required to be spent
with Fort Worth MWBE annually.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 30 of 43
(C -25367 Continued)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 31 of 43
(G -17483 Continued)
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
a. Report of City Staff
Mr. Robert Sturns, Economic Development Manager, Housing and Economic Development
Department, appeared before Council and provided a staff report.
(Council Member Espino returned to his place at the dais.)
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
C. Council Action
Motion: Council Member Hicks made a motion, seconded by Council Member Jordan that
the public hearing be closed and that Mayor and Council Communication No. G-
17483 be approved and Ordinance No. 20026 -12 -2011 be adopted. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
D. Land
The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance
Increasing the Estimated Receipts and Appropriations in the Solid Waste Fund in the Amount of
$4,784,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Solid Waste Fund
Balance, for the Purpose of Acquisition of a 75.732 Acre Tract of Land to Develop Future City
Service Center for Various Departments; Authorize the Payment of $416,000.00 From the
Stormwater Utility Fund; Authorize the Acquisition of a 75.732 Acre Tract of Land Located at
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 32 of 43
(L -15298 Continued)
the Northeast Corner of U.S. 287 and Bonds Ranch Road, Fort Worth, Texas, Described as
Henry Robertson Survey, Abstract 1259, a Portion of a Certain Tract of Land as Described in
Deed to Edwin Greines Cohen, From SK Highland Meadows LP, to be Developed as a Future
City Service Center for Various City Departments for $5,200,000.00 From SK Highland
Meadows, LP, to be Developed as a Future City Service Center for Various City Departments for
$5,200,000.00, Including Estimated Closing and Land Grading Costs; and Authorize the City
Manager, or his Designee, to Execute and Record the Appropriate Instruments Conveying the
Property to Complete the Sale.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman that Mayor and Council Communication No. G -17477 be approved
and Supplemental Appropriation Ordinance No. 20027 -12 -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 Declare That the Negotiations Between the City
and the Landowner Were Unsuccessful due to the Inability to Negotiate a Purchase Price to
Acquire Fee Simple Interest in 0.029 Acre of Land Needed for Right -of -Way and Temporary
Easement Interest in 0.191 Acre for Construction on Land Owned by Monolith, Ltd. Partnership
and James D. Finley, Located at 4009, 4033, 4105, and 4229 East 1st for Widening East 1st
Street From Beach Street to Oakland Boulevard, City of Fort Worth, Tarrant County, Texas;
Declare the Necessity to Acquire Fee Simple Interest and Temporary Easement Interest in the
Subject Properties by Means of Condemnation by Eminent Domain for the Widening of East 1 st
Street; Authorize the City Attorney to Institute Condemnation by Eminent Domain Proceedings
to Acquire the Needed Easements and Fee Interest in the Properties; and Authorize the
Acceptance and Recording of Appropriate Instruments.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman
that the Fort Worth City Council authorize the use of the power of eminent domain
to acquire fee simple interest in 0.029 acre of land needed for right -of -way and
temporary easement interest in 0.191 acre for construction on land owned by
Monolith, Ltd. Partnership and James D. Finley, located at 4009, 4033, 4105, and
4229 East 1st for widening East 1st Street from Beach Street to Oakland Boulevard,
City of Fort Worth Tarrant County, Texas. 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 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 Campus Drive, North of Oak Grove Road, for a One (1)
Time License Fee of $6,284.25.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman
that Mayor and Council Communication No. C -25363 be approved. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
(Council Member Scarth left his place at the dais.)
64 - Agreement
yyilthl I 'Cook, I Chlildren"s, I Medliclal Center, I for, I the Con'strulction, I of, I,#, I I
Which Encroaches Into a PuYlic Access Easement at 801 Seventh Avenue.
The recommendation was that the City Council Authorize the Execution of an Easement
Encroachment Agreement With Cook Children's Medical Center for the Construction of a
Playground Which Encroaches into a Public Access Easement at 801 Seventh Avenue.
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 Burns made a motion, seconded by Council Member Hicks that
Mayor and Council Communication No. C -25364 be approved. The motion carried
six (6) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan
and Council Members Scarth and Moss absent.
Agreement 3. M&C C-25365 - Authorize Seventh Renewal of
.. ........
Benefits
Premiums and Premiums for the FpIty-Funded Medicare Advantage Plan for a
Total of 4
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 34 of 43
(C -25365 Continued)
The recommendation was that the City Council Authorize the Seventh Renewal of an Agreement
With Aetna Life Insurance Company for the Administration of the City's Self- funded Group
Health Benefits Program and for the Purchase of Specific and Aggregate Stop Loss Insurance
Coverage and the Fully- funded Medicare Advantage Plan for the Period January 1, 2012,
Through December 31, 2012, With a Total Estimated Cost of $6,647,111.00.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns
that Mayor and Council Communication No. C -25365 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth
and Moss absent.
4 Development
Lam
.. ....... ......... Be Completed Under a Community
The recommendation was that the City Council Authorize the Execution Economic Development
Program Agreement With Wal -Mart Stores Texas, LLC, Related to Construction of a Wal -Mart
Store and Roadway Improvements to be Completed Under a Community Facilities Agreement in
the Vicinity of Avondale - Haslet Road and State Highway 287; and Find That the Terms and
Conditions of the Agreement Constitute a Custom - Designed Economic Development Program,
as Recommended by the 2011 Comprehensive Plan and Authorized by Chapter 380 of the Texas
Local Government Code.
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino
that Mayor and Council Communication No. C -25366 be approved. The motion
carried unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth
and Moss absent.
The recommendation was that the City Council Authorize Change in Use and Expenditure of
$4,965,947.92 in Economic Development Initiative Grant Funds and Section 108 Loan Funds for
Construction of a Community Facility to be Located at the Corner of Evans Avenue and
Humbolt Street Within the Evans - Rosedale Business and Cultural District; Authorize
Acquisition of Properties Located at 951 Evans Avenue, 957 Evans Avenue, 912 E. Humbolt
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 35 of 43
(C -25368 Continued)
Street, 916 E. Humbolt Street, 926 E. Humbolt Street, 930 E. Humbolt Street, 952 E. Humbolt
Street, 954 E. Humbolt Street and 962 E. Humbolt Street for Up to $160,000.00; Authorize
Execution, Acceptance and Recording the Appropriate Instruments for the Acquisition;
Authorize Execution of a Lease With United Community Centers, Inc., With a 30 -Year Term to
Operate and Maintain the Facility; Authorize Amendment or Modification of the Lease, if
Necessary, to Achieve Project Goals Provided That the Amendment or Modification is Within
the Scope of the Project and in Compliance With City Policies and Applicable Laws and
Regulations Governing the Use of Federal Grant Funds.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. C -25368 be approved, with appreciation to
staff. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Members Scarth and Moss absent.
The recommendation was that the City Council Authorize the City Manager, or his Designee, to
Execute a Conditional Commitment With the Fort Worth Housing Authority (FWHA) or its
Designated Affiliate for a Subordinate Loan for $500,000.00 of HOME Investment Partnerships
Program Grant Funds From the Program Year 2012 -2013 for the Redevelopment of the Hunter
Plaza Apartments, Located at 601 West First Street, Subject to Receipt of the HOME Funds and
Approval of the 2012 -2013 Action Plan; Authorize the Substitution of Current and Prior Funding
Years in Order to Meet Commitment, Disbursement and Expenditure Deadlines for Grant Funds
From the United States Department of Housing and Urban Development; Authorize the
Expenditure of $500,000.00 From the Fort Worth Housing Trust Fund Portion of the Fort Worth
Housing Finance Corporation Fund to the FWHA or its Designated Affiliate in the Form of a
Subordinate Construction Loan for the Project; Authorize the City Manager, or his Designee, to
Execute a Conditional Commitment With the FWHA or its Designated Affiliate, for a
Subordinate Construction Loan for the Project; Authorize the City Manager, or his Designee, to
Execute a Contract With the FWHA or its Designated Affiliate, for the Project for a Three (3)
Year Term Beginning on the Date of the Execution of the Contract; Authorize the City Manager,
or his Designee to Extend or Renew the Conditional Commitments or the Contract for Up to One
(1) Year if the FWHA Requests an Extension and Such Extension is Necessary for Completion
of the Project; and Authorize Amendment of the Conditional Commitments or the Contract, if
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 36 of 43
(C -25369 Continued)
Necessary, to Achieve Project Goals Provided That the Amendment is Within the Scope of the
Project and in Compliance With City Policies and Applicable Laws and Regulations Governing
the Use of Federal Grant Funds.
Motion: Council Member Burns made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. C -25369 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and
Moss absent.
..
Commmuitvll
1 I
Aquatic Center and Authorize a Substantial Amendment to the City's 2005-2010
Action Plans.
The recommendation was that the City Council Authorize a Substantial Amendment to the City's
2005 -2010 Action Plans; and Authorize the Change in Use and Expenditure of $1,850,000.00 of
Community Development Block Grant Funds for the Reconstruction of the Pool and Bathhouse
Located at Marine Park for the Marine Park Family Aquatic Center.
The recommendation was that the City Council Authorize a Five (5) Year Tax Abatement
Agreement With David Papillion d /b /a Papillion's Commercial Interiors, for the Property
Located at 3432 East Vickery Boulevard in the Polytechnic/Wesleyan Neighborhood
Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement
Policy and Basic Incentives.
Motion: Council Member Hicks made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. C -25371 be approved. The motion carried
unanimously seven (7) ayes to zero (0) nays, with Council Members Scarth and
Moss absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 37 of 43
Authorize Abatetneu�.Agir��Ment with GE
Tr' us ortation or Anv Affiliate
1
., ......... ........... ........, ........,. ........, ........,. ........,
Drive. and the Future Three Wide
The recommendation was that the City Council Authorize Execution of a Tax Abatement
Agreement With GE Transportation or any Affiliate for the Construction of a New Mining
Equipment Plant on Vacant Land at the Intersection of Doc Mitchell Road and the Future Three
Wide Drive; and Approve the Waiver of Related Development Fees.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25372 be approved, with
appreciation to the Housing and Economic Development Department staff. The
motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members
Scarth and Moss absent.
em
. .........
I
** 1.
The recommendation was that the City Council Authorize the City Manager to Submit a Letter
of Concurrence to the Foreign Trade Zone Board Allowing for Foreign Trade Zone Application
to the TTI, Inc. Facilities at 2441 Northeast Parkway and 2601 Sylvania Cross Drive; and
Authorize the City Manager to Enter into a Payment in Lieu of Taxes Agreement With TTI, Inc.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25373 be approved, with
appreciation to the Housing and Economic Development Department staff. The
motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members
Scarth and Moss absent.
The recommendation was that the City Council Authorize the City Manager, or his Designee, to
Execute a Conditional Commitment With the YWCA of Fort Worth & Tarrant County, or its
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 38 of 43
(C -25374 Continued)
Designated Affiliate, for a Subordinate Forgivable Loan of $750,000.00 of HOME Investment
Partnerships Program Grant Funds From Program Year 2012 -2013 for the Development of a
Multifamily Housing Complex to be Located at the Intersection of NW 26th Street, Clinton
Avenue and Cliff Street, Subject to Receipt of the HOME Funds and Approval of the 2012 -2013
Action Plan; Authorize Substitution of Current and Prior Funding Years in Order to Meet
Commitment, Disbursement and Expenditure Deadlines for Grant Funds From the United States
Department of Housing and Urban Development; Authorize the Expenditure of $100,000.00 of
Urban Development Action Grant Funds to the YWCA of Fort Worth & Tarrant County or its
Designated Affiliate in the Form of a Pre - development Loan; Authorize the City Manager, or his
Designee, to Execute a Conditional Commitment With the YWCA of Fort Worth & Tarrant
County, or its Designated Affiliate, for the Pre - development Loan; Authorize the City Manager,
or his Designee, to Execute a Contract and Any Related Documents With the YWCA of Fort
Worth & Tarrant County, or its Designated Affiliate, for the Pre - development Loan for a One (1)
Year Term Beginning on the Date of Execution of the Contract; Authorize the City Manager, or
his Designee, to Extend or Renew the Conditional Commitments or the Contract for Up to One
(1) Year if the YWCA of Fort Worth & Tarrant County Requests an Extension and Such
Extension is Necessary for Completion of the Development; Authorize the City Manager, or his
Designee, to Amend the Conditional Commitments or the Contract if Necessary to Achieve
Project Goals Provided That the Amendment is Within the Scope of the Development and in
Compliance With City Policies and Applicable Laws and Regulations Governing the Use of
Federal Grant Funds; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Grants Fund in the Amount of $100,000.00, From Available Revenues, for
the Purpose of a Pre - Development Loan to the YWCA of Fort Worth & Tarrant County for a
Multifamily Housing Development; and Authorize the Waiver of the Following City Fees That
Would Otherwise be Charged to the Developers: (I) All Building Permit, Plan Review,
Inspection, and Re- Inspection Fees, (H) All Zoning Fees, (IH) All Temporary Encroachment
Fees, (IV) All Platting Fees, and (V) All Fire, Sprinkler and Alarm Permit Fees.
Ms. Emily Spence - Almaguer, 3933 Collinwood Avenue, appeared before Council in support of
Mayor and Council Communication No. C -25374 and stated that permanent supportive housing
was crucial to the success of the Directions Home Program. She further stated that it was an
effective evidence -based strategy that was needed and had been demonstrated all over the
country to reduce homelessness and made it short-term and non - recurring. She added that
opposition to permanent supportive housing was a fear and misunderstanding of who would be
housed and what kind of services and programs would be delivered to them. She stated that
safety and security was the highest priority of the YWCA and that they would be concerned
about the security of the community and the residents. She further stated that the residents would
be provided with case managers and with services that would help people live self - sufficient
lives and that the YWCA had been provided transitional housing services for the past 60 years in
the community and never had any problems in the downtown facility.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 39 of 43
(C -25374 Continued)
Ms. Susan Witts, 7433 Kell Drive, appeared before Council in support of Mayor and Council
Communication No. C -25374 and stated that the YWCA was a wonderful benefit to the
community. She stated that the award of this commitment would allow the YWCA to extend
their outreach to the homeless population by providing housing and programs they needed to
become self - sufficient so that they might eventually give back to the community.
Council Member Espino expressed appreciation to the Housing and Economic Development
Department, YWCA and to the speakers for all their efforts. He elaborated on the key point
regarding permanent supportive housing and the need for another funding piece from the Texas
Department of Housing and Community Affairs. He added that this project would be a pilot
project for permanent supportive housing in the City and that it was a good example of the spirit
of partnership in Fort Worth. He expressed appreciation to the Northside and their residents for
supporting the idea of permanent supportive housing projects in the area.
(Council Member Scarth returned to his place at the dais.)
Motion: Council Member Espino made a motion, seconded by Council Member Burns that
Mayor and Council Communication No. C -25374 be approved with appreciation to
the YWCA and the Housing and Economic Development Department staff and
Appropriation Ordinance No. 20028 -12 -2011 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent.
Authorize Execution of a Contr#0.tq.$qp
i
and
,,,.
Management for the City's Parts Distribution and Maintenance Centers with
Genuine Auto Parts for a Proiected Cost Not to Exceed
Year 2011-2012.
The recommendation was that the City Council Authorize the Execution of an Agreement With
Genuine Auto Parts to Provide Parts, Staffing and Systems for Management of Parts Operations
for Equipment Services Department Maintenance Facilities.
(Council Member Espino left his place at the dais.)
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman that Mayor and Council Communication No. C -25375 be approved.
The motion carried unanimously seven (7) ayes to zero (0) nays, with Council
Members Espino and Moss absent.
(Council Member Espino returned to his place at the dais.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 40 of 43
The recommendation was that the City Council Authorize the Transfer of $54,280.00 From the
Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopt an Appropriation
Ordinance Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects
Fund in the Amount of $54,280.00, From Available Funds, for the Purpose of Funding Sanitary
Sewer Rehabilitation Contract 64, Part 1; and Authorize the Execution of a Contract in the
Amount of $1,242,650.00 With William J. Schultz, Inc., d /b /a Circle "C" Construction Company
for Sanitary Sewer Rehabilitation, Contract 64, Part 1, on Sandy Lane, NW 14th Street, North
Main Street, Angle Avenue, Lincoln Avenue, Three (3) Alleyways and a Public Easement.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton
that Mayor and Council Communication No. C -25376 be approved and
Appropriation Ordinance No. 20029 -12 -2011 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent.
1. OCS -1836 - Authorize Payment to Tarrant County Elections Administration for
Election, .,. "fo , e,, ,,,,,, ,,,,,,,,, ,, ,,,, dl av, 'Jun,e"1,81"20 I
District the Purpose of Electing the Major and a City Council Member for
Cost Not to Exceed $507,604.63
The recommendation was that the City Council Authorize Payment to Tarrant County Elections
Administration for Election Services for the Joint Run -Off Election Held Saturday, June 18,
2011, for the Purpose of Electing the Mayor and a City Council Member for District 7, at a Cost
Not to Exceed $507,604.63.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 41 of 43
(XVI. PUBLIC HEARING #1 Continued)
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
a. Report of City Staff
Ms. Beth Knight, Senior Planner, 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: Mayor Pro tem Zimmerman made a motion, seconded by Council Member
Shingleton that the public hearing be closed The motion carried unanimously eight
(8) ayes to zero (0) nays, with Council Member Moss absent.
XVIL ZONING HEARING
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
1. ZC-11-101 - Victor Lopez, 3602 North Grove Street; from: "K" Heavy Industrial
D Develoment for all uses in "K" Heavy Industrial
recycling, site plan included. (Recommended for Approval) (Continued from a
Previous Me
It appeared that the City Council at its regular meeting on December 6, 2011, continued Zoning
Docket No. ZC -11 -101.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton
that Zoning Docket No. ZC -11 -101 be continued until the January 10, 2012,
Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays,
with Council Member Moss absent.
XVIII. CITIZEN PRESENTATIONS
The following individuals appeared before Council relative to redistricting and the number of
City Council districts. They stated that the City had doubled in population since 1970 when the
City originally went to the single- member district with an 8/1 City Council/Mayor electoral
system. They stated that a City sponsored survey showed that 69 percent of the citizens preferred
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 42 of 43
(XVII. CITIZEN PRESENTATIONS Continued)
a 10 /1 member system and that the Council should let the voters decide by a Charter election.
They further stated that six (6) members of the City Council voted in favor of a resolution that
maintained the antiquated 8/1 member system and that this action took the right away from the
voters to decide. They added that it was their right and that they would complete a petition so
that the citizens could decide. They stated that adequate representation for the residents in the
districts was important and that the districts were too large in population to be adequately
represented by a single Council Member. They advised that with an estimated 950,000
population each district had approximately 93,000 residents to represent and by the time the next
census was conducted there would be approximately 118,500 residents per district. They stated
that there were two (2) petitions that were being routed in the City, one (1) for the voters to
decide on an 8/1 or 10 /1 electoral system and the other for term limits for the City Council,
which would be retroactive and inclusive of time served on the City Council. They further stated
that the citizens would complete the petitions as quickly as possible so that there would be a
Charter election for the voters to decide.
Mr. Fernando Florez, 2740 Hemphill Street
Mr. Louis McBee, 2320 Oakland Boulevard, Suite 5
Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council and stated that the City
repaired many potholes in the Chapel Creek area and that when he called about the deplorable
area the City responded quickly. He expressed appreciation to Mayor Pro tem Zimmerman and
Ms. Sandi Breaux, District 3 Council Aide, for attending the neighborhood association meetings.
He also expressed appreciation to the many City staff who attended the meetings to explain their
various functions relative to the Master Plan. He further expressed appreciation to multiple City
staff and to Mr. Gary and Brenda Hogan for giving the neighborhood support on multiple
projects over the years.
Mr. Bryan Fredrick, 8665 Las Vegas Court, completed a citizen presentation card and was
recognized by Mayor Price, but was not present in the Council chamber.
The following individuals appeared before Council relative to the Occupy Fort Worth
Movement. They stated that a police officer assaulted an occupier with a flag without
provocation. They requested that the police officer be placed on administrative leave without pay
until the review of his actions was completed. They further requested that his fellow patrol
officers be removed from their patrol because they were a constant nuisance. They advised that
free speech and protest was protected by the state of Texas under Article 1, Sections 8 and 27 of
the Texas State Constitution and the First Amendment under the Federal Constitution. They
stated that the American Civil Liberties Union (ACLU.org) could answer questions regarding the
right to protest on sidewalks, streets and parks. They stated that Occupy Fort Worth had a
valuable message that needed to be heard and that the occupiers had a right granted by the First
Amendment of the Constitution of the United States to deliver the message. They requested that
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 13, 2011
Page 43 of 43
(XVII. CITIZEN PRESENTATIONS Continued)
the City Council and the citizens of Fort Worth support Occupy Fort Worth and to remove the
Police Department from the area so they could protest in peace. They stated that if the City of
Fort Worth endorsed Occupy Fort Worth that it would be a supreme act of adaptive leadership.
Ms. Trinity Kilmurray, 4058 Meadowbrook Drive
Ms. Brigitta Limb, 2955 Watermark Drive, #1410
Reverend Anthony Lorenzen, 8856 Sunset Trace Drive
XX. ADJOURNMENT
There being no further business, Mayor Price adjourned the meeting at 9:05 p.m.
These minutes approved by the Fort Worth City Council on the 10th day of January, 2012.
Attest:
2L, -, ? C'
Ronald P. Gonzales
Assistant City Secretary
Approved:
etsy Pri
May