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HomeMy WebLinkAbout2011/11/15-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Present: Mayor Betsy Price Mayor Pro tem W. B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Danny Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Absent: Council Member Frank Moss, District 5 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:10 a.m., on Tuesday, November 15, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Moss absent. II. INVOCATION m Imam Talib Salahuddin, Masjid Hassan of Al Islam The invocation was provided by Imam Talib Salahuddin, Masjid Hassan of Al Islam. I < The Pledge of Allegiance was recited. CONSIDERATION < NOVEMBER Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman that the Minutes of the regular meeting of November 1, 2011, be approved as corrected on Page 16, Item 6. 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 NOVEMBER 15, 2011 Page 2 of 38 ll 11,11 c Vic„ City Manager Higgins requested that Mayor and Council Communication Nos. P- 11324, L -15281 and C -25292 be withdrawn from the Consent Agenda for individual consideration. I. 1 r 11 < t City Manager Higgins requested that Mayor and Council Communication No. L -15281 be continued until the December 6, 2011, Council meeting. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton 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 -17437 - Authorize Appointments and Reappointments to the City's Construction and Fire Prevention Board of Appeals, Places 1, 3, 5, 7, 9 and 11. The City Council approved the following recommendation: Authorize the City Manager to Appoint the Persons Named Below to Places 1, 3, 5, 7, 9 and 11, respectively on the City's Construction and Fire Prevention Board of Appeals, With Terms Expiring on October 1, 2013. Mr. Parris Jones, Place 1, Architect - Reappointment Mr. Tom Lewis, Place 3, Fire Protection - Reappointment Mr. Jared Hicks, Place 5, General Contractor - Appointment Mr. Grady Kane, Place 7, Master Plumber - Appointment Mr. Robert Madeja, Place 9, Home Builder - Reappointment Mr. Carl Harkins, Place 11, Alternate Architect - Appointment 2. M &C G -17438 - Authorize Payment for the City of Fort Worth's Fiscal Year 2012 Membership Dues to the North Central Texas Council of Governments in an Amount Not to Exceed $74,629.00. The City Council approved the following recommendation: Authorize Payment for the City's Fiscal Year 2012 Membership to the North Central Texas Council of Governments in an Amount Not to Exceed $74,629.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 3 of 38 (VII. CONSENT AGENDA Continued) 3. M &C G -17439 - Adopt Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker, Chalk, Swindle & Schwartz, L.L.P., Formerly Whitaker, Chalk, Swindle & Sawyer, L.L.P., as a Final Payment for Assistance with Legal Matters Concerning Premature Street Failures in an Additional Sum of $50,000.00. The City Council approved the following recommendation: Adopt Resolution No. 4043 -11 -2011 Increasing the Maximum Amount to be Paid to Whitaker, Chalk, Swindle & Schwartz, L.L.P., Formerly Whitaker, Chalk, Swindle & Sawyer, L.L.P., as a Final Payment for Assisting the City with Legal Matters Concerning the Water Department and Transportation and Public Works Contracts and Litigation Concerning Premature Street Failures, in an Additional Sum of $50,000.00. 4. M &C G -17440 - Authorize the Temporary Closure of Approximately One Hundred Fifteen Feet of Riverfront Drive West from its Intersection with South University Drive. The City Council approved the following recommendation: Authorize the Temporary Road Closure of Approximately 115 Feet of Riverfront Drive West From its Intersection With South University Drive From November 16, 2011, Through February 29, 2012, to Make a Connection to an Existing Sanitary Sewer in Riverfront Drive. 5. M &C G -17441 - Authorize Adoption of the Proposed Amendment to the Schedule of Rates and Charges to Establish the Rental Rates for the New Equestrian Multi - Purpose Building at the Will Rogers Memorial Center. The City Council approved the following recommendation: Adopt the Proposed Amendment to the Schedule of Rates and Charges to Establish the Rental Rates for the New Equestrian Multi - Purpose Building at the Will Rogers Memorial Center. 6. M &C G -17442 - Approve Extension of Iniury Leave -of- Absence Pay Benefits in the Amount of $17,394.00 for Police Officer Carlene Bounds Beginning August 3, 2011 through November 4, 2011. The City Council approved the following recommendation: Approve a Three (3) Month Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $17,394.00 for Police Officer Carlene Bounds Beginning August 3, 2011, Through November 4, 2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 4 of 38 (VII. CONSENT AGENDA Continued) 7. M &C G -17443 - Authorize Acceptance of an Anonymous Donation of $2,000.00 for the 2011 Banquet to Recognize Members of the Fire Department for Their Outstanding Contributions, Authorize the Transfer of $2,000.00 from the Special Gifts Fund to the General Fund and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize the Acceptance of a Monetary Donation in the Amount of $2,000.00 From an Anonymous Donor; Adopt Appropriation Ordinance No. 19965 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Special Gifts Fund, Subject to Receipt of a Monetary Donation, for the Purpose of Recognizing Members of the Fire Department for Their Outstanding Contributions; Authorize the Transfer of $2,000.00 From the Special Gifts Fund to the General Fund; and Adopt Appropriation Ordinance No. 19966 -11 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund, From Available Funds, for the Purpose of Recognizing Members of the Fire Department for Their Outstanding Contributions. 8. M &C G -17444 - Adopt Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations for a $40,000.00 Payment from Linebarger Goggan Blair & Sampson, LLP, Under City Secretary Contract No. 39231 for Collection of Delinquent Parking and Criminal Citations. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19967 -11 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $40,000.00, Upon Receipt of Payment From Linebarger Goggan Blair & Sampson, LLP, Under City Secretary Contract No. 39231, for Collection of Delinquent Parking and Criminal Citations as Well as to Fund Supplemental Law Enforcement Services During Warrant Round -Ups or Special Initiative as Designated by the Municipal Court Services Department. 9. M &C G -17445 - Authorize the Acquisition of a Fee Simple Interest in Three Lots Located at 2512, 2516 and 2520 East Vickery Boulevard Containing a Total of 0.701 Acres of Land from Bill Burdock for $50,000.00 and Pay the Estimated Closing Cost of $1,500.00 for a Total Cost of $51,500.00 for the Future East Side Pump Station. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in 0.701 Acre of Land for the Future East Side Pump Station, Located in the Ocie Speer Addition, Lots 1, 2 and 3, Block B, also Known as 2512, 2516 and 2520 East Vickery Boulevard, Fort Worth, Texas, From Bill Burdock for $50,000.00; Find That the Total Price of $50,000.00 is Just Compensation; and Authorize the Acceptance of the Conveyances, Recording of Appropriate Instruments and Payment of the Estimated Closing Costs Up to $1,500.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 5 of 38 (VII. CONSENT AGENDA Continued) 10. M &C G -17446 - Adopt Appropriation Ordinance in the Park Dedication Fees Fund in the Amount of $139,903.00 and Authorize Transfer from to the General Fund to Offset Operation and Oversight Costs of Neighborhood and Community Park Dedication Policy. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19968 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Park Dedication Fees Fund in the Amount of $139,903.00, From Available Funds, for the Purpose of Transferring Said Funds to the General Fund to Offset Operation and Oversight Costs Associated With Management of the Neighborhood and Community Park Dedication Policy; and Authorize the Transfer of $139,903.00 From the Park Dedication Fees Fund to the General Fund for Operation and Oversight Costs. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11323 - Authorize the Sole Source Purchase of Surveillance Equipment from Gans and Pugh Associates, Inc., for the Police Department, for an Amount of $119,301.00 Using Buffer Zone Protection Plan Grant Funds. The City Council approved the following recommendation: Authorize the Sole Source Purchase of Surveillance Equipment From Gans and Pugh Associates, Inc., for the Police Department, for an Amount of $119,301.00. C. Land - Consent Items 1. M &C L -15280 - Authorize Execution of Amendment of Deed and Mineral Conveyance Agreement with Heirs of Wedgwood Land Co., for Release of Reverter Terms in the Deed Granting Land for Wedgwood Park. The City Council approved the following recommendation: Authorize Execution of the Amendment of Deed and Mineral Conveyance Agreement With Heirs of Wedgwood Land Co., for Release of Reverter Terms in the Deed Granting Land for Wedgwood Park in Exchange for the Heirs Retaining a 35 Percent Interest in the Mineral Estate. E. Award of Contract - Consent Items 1. M &C C -25265 - Authorize a Contract with Lowell Denton of Denton, Navarro, Rocha and Bernal, P.C., to Assist the City as a Consultant in Public Safety Labor Negotiation Issues in an Amount Up to $75,000.00 and Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund in the Amount of $75,000.00 and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 6 of 38 (VII. CONSENT AGENDA Continued) (C -25265 Continued) The City Council approved the following recommendation: Authorize the City Manager to Enter into a Contract With Lowell Denton of Denton, Navarro, Rocha and Bernal, P.C., as a Consultant to Assist the City Manager in Regards to Public Safety Labor Negotiation Issues in an Amount Up to $75,000.00; and Adopt Supplemental Appropriation Ordinance No. 19969 -11 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund and Decreasing the Unaudited, Unreserved, Undesignated General Fund Balance by the Same Amount, for the Purpose of Funding an Outside Labor Negotiations Consultant to Assist the City in Public Safety Labor Negotiations. 2. M &C C -25266 - Authorize Execution of an Easement Encroachment Agreement with 3209 North Main Street Joint Venture for the Construction of a Building Which will Encroach Over the City's Fifteen Foot Sanitary Sewer Easement at 3209 North Main Street. The City Council approved the following recommendation: Authorize the Execution of an Easement Encroachment Agreement With 3209 North Main Street Joint Venture for the Construction of a Building Which Will Encroach Over the City's 15 Foot Sanitary Sewer Easement at 3209 North Main. 3. M &C C -25267 - Authorize Interlocal Agreement with the Texas Commission on Environmental Quality for a Voluntary Cleanup Program at the Police and Fire Training Facility Located at 1000 Calvert Street and 1076 Calvert Street as Co- Applicant with the Tarrant Regional Water District. The City Council approved the following recommendation: Authorize an Interlocal Agreement With the Texas Commission on Environmental Quality for a Voluntary Cleanup Program at the Police and Fire Training Facility Located at 1000 Calvert and 1076 Calvert as Co- Applicant With the Tarrant Regional Water District. 4. M &C C -25268 - Authorize Execution of an Easement Encroachment Agreement with Service King Paint and Body for the Installation of an Electric Security Fence Which will Encroach Onto the City's Fifteen Foot Water Easement at 9601 South Freeway. The City Council approved the following recommendation: Authorize the Execution of an Easement Encroachment Agreement With Service King Paint and Body for the Installation of an Electric Security Fence Which Will Encroach onto the City's 15 Foot Water Easement at 9601 South Freeway. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 7 of 38 (VII. CONSENT AGENDA Continued) 5. M &C C -25269 - Authorize Execution of a Contract for Supplemental Audit Staffing Services with Robert Half International Inc., Through its Division Robert Half Management Resources Company, for the Office of the City Auditor in the Amount of $105,000.00. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract for Supplemental Audit Staffing Services With Robert Half International, Inc., Through its Division Robert Half Management Resources Company, for the Office of City Auditor in the Amount of $105,000.00. 6. M &C C -25270 - Authorize Amendment of City Secretary Contract No. 29292, with Aon Consulting, Inc., for Group Health Benefits Consulting Services, Cost - Saving Review and Implementation, and Actuarial Analysis, to Extend the Term Through 2013 for Total Cost of $332,000.00. The City Council approved the following recommendation: Authorize Amendment of City Secretary Contract No. 29292, With Aon Consulting, Inc., for Group Health Benefits Consulting Services, Assistance With the Development and Implementation of Cost - Saving Measures and Actuarial Analysis for Benefit Scenarios, to Extend the Term Through 2013 With Cost Not to Exceed $332,000.00. 7. M &C C -25271 - Authorize Execution of a Contract with the Fort Worth Metropolitan Black Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for a Cost Not to Exceed $146,821.00. The City Council approved the following recommendation: Authorize the Execution of a Contract for an Amount Not to Exceed $146,821.00 With the Fort Worth Metropolitan Black Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for the Period of October 1, 2011, Through September 30, 2012. 8. M &C C -25272 - Authorize Execution of a Contract with the Fort Worth Hispanic Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for a Cost Not to Exceed $169,439.00. The City Council approved the following recommendation: Authorize the Execution of a Contract for an Amount Not to Exceed $169,439.00 With the Fort Worth Hispanic Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for the Period of October 1, 2011, Through September 30, 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 8 of 38 (VII. CONSENT AGENDA Continued) 9. M &C C -25273 - Authorize Execution of Change Order No. 7 in the Amount of $112,257.31 to City Secretary Contract No. 38333 with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Portions of Canton Drive, Church Street, Halbert Street and Van Natta Lane for a Total Contract Cost of $2,427,747.55. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 7 in the Amount of $112,257.31 to City Secretary Contract No. 38333 With Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Canton Drive, Church Street, Halbert Street and Van Natta Lane Thereby Revising the Total Contract Amount to $2,427,747.55. 10. M &C C -25274 - Authorize Execution of Change Order No. 5 in the Amount of $66,578.91 to City Secretary Contract No. 39522 with Stabile and Winn, Inc., for Pavement Reconstruction, Water and Pavement Replacement on Portions of Boston Avenue, Chelsea Road, Chicago Avenue, Clairemont Avenue, Junius Street, Lynnhaven Road and Norma Street for a Total Contract Amount of $2,471,304.20. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 5 in the Amount of $66,578.91 to City Secretary Contract No. 39522 With Stabile & Winn, Inc., Revising the Total Contract Amount to $2,471,304.20. 11. M &C C -25275 - Authorize Execution of Amendment No. 2 in the Amount of $67,340.00 to City Secretary Contract No. 41055, with HDR Engineering, Inc., for Additional Engineering Services for the Deployment of Traffic Signal Control Equipment Along Bryant Irvin Road and University Drive. The City Council approved the following recommendation: Authorize Execution of Amendment No. 2 in the Amount of $67,340.00 to City Secretary Contract No. 41055, With HDR Engineering, Inc., for Additional Engineering Services for the Deployment of Traffic Signal Control Equipment Along Bryant Irvin Road and University Drive. 12. M &C C -25276 - Authorize Execution of a Contract with Environmental Safety Services, Inc., in the Amount of $377,155.00 for Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek. The City Council approved the following recommendation: Authorize Execution of a Contract With Environmental Safety Services, Inc., in the Amount of $377,155.00, for Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 9 of 38 (VII. CONSENT AGENDA Continued) 13. M &C C -25277 - Authorize Execution of Agreements for Resolution of Litigation Involving Premature Street Failures with Conatser Construction, Inc., and Conatser Construction Texas, LP. The City Council approved the following recommendation: Authorize the City Manager to Execute Agreements for Resolution of Litigation Relating to Premature Street Failures With Conatser Construction, Inc., and Conatser Construction Texas, LP. 14. M &C C -25278 - Authorize Execution of Change Order No. 1 in the Amount of $60,397.00 Plus $6,000.00 Contingency for a Total Contract Amount of $3,145,988.00 to City Secretary Contract No. 29110 -A6 with Johnson Controls, Inc., for the Energy Savings Performance Contract at Selected City -Owned Facilities. The City Council approved the following recommendation: Authorize Change Order No. 1 in the Amount of $60,397.00 Plus $6,000.00 Contingency for a Total Contract Amount of $3,145,988.00 to City Secretary Contract No. 29110 -A6 With Johnson Controls, Inc., for the Energy Savings Performance Contract at Selected City -Owned Facilities. 15. M &C C -25279 - Authorize Execution of Change Order No. 1 in the Amount of $100,432.14 to City Secretary Contract No. 41656 with Cutler Repaving, Inc., for Hot Mix Asphaltic Concrete Hot In -Place Recycling 2011 -3 at Three Locations Thereby Increasing the Total Contract Amount to $894,624.24. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 1 in the Amount of $100,432.14 to City Secretary Contract No. 41656 With Cutler Repaving, Inc., for Hot Mix Asphaltic Concrete, Thereby Increasing the Total Contract Amount to $894,624.24. 16. M &C C -25280 - Authorize Change Order No. 2 in the Amount of $73,236.70 to City Secretary Contract No. 41264 with Stabile & Winn, Inc., for Sanitary Sewer Main and Sanitary Sewer Service Replacements on Goodman Street and Penticost Street Resulting in a Total Contract Amount of $2,632,392.90. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 2 in the Amount of $73,236.70 to City Secretary Contract No. 41264, a Construction Contract With Stabile & Winn, Inc., for Sanitary Sewer Main and Sanitary Sewer Service Replacements on Goodman Street and Penticost Street, Thereby Revising the Original Contract Amount to $2,632,392.90. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 10 of 38 (VII. CONSENT AGENDA Continued) 17. M &C C -25281 - Authorize Execution of a Contract in the Amount of $145,602.00 with Infinity Sound, Ltd., for the Audio and Video System for the East Multi - Purpose Equestrian Facility at Will Rogers Memorial Center. The City Council approved the following recommendation: Authorize the Execution of a Contract in an Amount of $145,602.00 With Infinity Sound, Ltd., for the Audio and Video System for the East Multi- Purpose Equestrian Facility at Will Rogers Memorial Center. 18. M &C C -25282 - Authorize Execution of a Cost Reimbursement Agreement with the United States Federal Bureau of Investigation for Participation in an Organized Crime Drug Enforcement Task Force, Accept Grant Funds in an Amount Up to $17,202.25 for Overtime and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Execution of a Cost Reimbursement Agreement With the United States Federal Bureau of Investigation, Organized Crime Drug Enforcement Task Force in Order for the Police Department to Participate in the Task Force by Temporarily Assigning Fort Worth Police Officers to the Task Force; Authorize Agreement to Begin on October 1, 2011, and Continue Until September 30, 2012; and Adopt Appropriation Ordinance No. 19970 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $17,202.25, Subject to Receipt of Funds From the United States Federal Bureau of Investigation, for the Purpose of Funding the Reimbursement of Overtime Payments Made to Officers Assigned to the Organized Crime Drug Enforcement Task Force for Fiscal Year 2012. 19. M &C C -25283 - Authorize Execution of an Agreement with The Azimuth Group, Inc., for Evaluation of the Municipal Court Case Management System for an Amount Up to $137,225.00 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Execution of an Agreement With the Azimuth Group, Inc., for Evaluation of the Municipal Court Case Management System for an Amount Up to $137,225.00; and Adopt Appropriation Ordinance No. 19971 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Municipal Court Technology Project Section of the Special Trust Fund, From Available Funds, for Evaluation of the System. 20. M &C C -25284 - Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School District for Operation of the School Attendance Court in Fiscal Year 2011 -2012, Authorize Acceptance of Reimbursement from the Fort Worth Independent School District of $470,300.84, Adopt Appropriation Ordinance and Authorize Transfer of $56,604.33 from the Special Trust Fund to the General Fund. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 11 of 38 (VII. CONSENT AGENDA Continued) (C -25284 Continued) The City Council approved the following recommendation: Authorize Execution of an Interlocal Agreement With the Fort Worth Independent School District ( FWISD) for the City to Provide a School Attendance Court to Adjudicate Fort Worth Independent School District FWISD Truancy Cases for an Estimated Amount of $650,651.67; Authorize Acceptance of Reimbursement From the FWISD for an Estimated Amount of $470,300.84 for Personnel and Other Costs Related to the Operation of the School Attendance Court in Fiscal Year 2011 -2012; Adopt Appropriation Ordinance No. 19972 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Juvenile Case Manager Project Section of the Special Trust Fund, in the Amount of $56,604.33, From Available Funds, for the Purpose of Transferring Said Funds to the General Fund to Offset Costs Associated With the School Attendance Court; and Authorize the Transfer From the Special Trust Fund, Juvenile Case Manager Project to the General Fund. 21. M &C C -25285 - Authorize Execution of a Utility Adiustment Agreement with McLeodUSA Telecommunications Services, LLC d /b /a PAETEC Business Services in the Amount of $118,775.00 for Relocation of a Fiber Duct System as Part of the Runway Extension Proiect at Fort Worth Alliance Airport. The City Council approved the following recommendation: Authorize Execution of a Utility Adjustment Agreement With McLeodUSA Telecommunications Services, LLC, d /b /a PAETEC Business Services in an Amount of $118,775.00 for Relocation of a Fiber Duct System as Part of the Runway Extension Project at Fort Worth Alliance Airport. 22. M &C C -25286 - Authorize Execution of a Utility Adiustment Agreement with Sunoco Pipeline L.P., in an Amount of $70,959.00 for Design of the Relocation of Its Pipeline as Part of the Runway Extension Proiect at Fort Worth Alliance Airport. The City Council approved the following recommendation: Authorize Execution of a Utility Adjustment Agreement With Sunoco Pipeline, L.P., in an Amount of $70,959.00 for Design of the Relocation of its Pipeline as Part of the Runway Extension Project at Fort Worth Alliance Airport. 23. M &C C -25287 - Authorize Execution of a Contract in the Amount of $893,894.75 with S.J. Louis Construction of Texas, Ltd., for Water Main Extension on Bonds Ranch Road from Molina Lane to Colonial Heights Lane. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $893,894.75 With S.J. Louis Construction of Texas, Ltd., for Water Main Extension on Bonds Ranch Road from Molina Lane to Colonial Heights Lane. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 12 of 38 (VII. CONSENT AGENDA Continued) 24. M &C C -25288 - Appropriate Water and Sewer Funds in the Amount of $666,005.00 as Local Match for Previously Authorized Contract in the Amount of $1,968,610.00 with William J. Schultz, Inc., d /b /a Circle "C" Construction Company, for Sanitary Sewer Rehabilitation Contract No. 72, Part 2, on Killian Street, Eastover Avenue, Angle Avenue, Meadowbrook Drive and Ramey Avenue and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $666,005.00 From the Water and Sewer Operating Fund in the Amount of $391,100.00 to the Water Capital Projects Fund and in the Amount of $274,905.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19973 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Sanitary Sewer Rehabilitation Contract 72, Part 2; and Appropriate Water and Sewer Funds in the Amount of $1,968,610.00 for Financing Structure for the Previously Authorized Contract With William J. Schultz, Inc., d /b /a Circle "C" Construction Company, for Sanitary Sewer Rehabilitation Contract No. 72, Part 2, on Killian Street, Eastover Avenue, Angle Avenue, Meadowbrook Drive and Ramey Avenue. 25. M &C C -25289 - Authorize Second Renewal of a Contract in the Amount of $500,000.00 for a Total Contract Amount of $1,500,000.00 with Westhill Construction, Inc., for Utility Cut Repair Contract 2009 UC01 -2010 at Various Locations Throughout the City. The City Council approved the following recommendation: Authorize Execution of the Second Renewal of a Contract in the Amount of $500,000.00 With Westhill Construction, Inc., for Utility Cut Repair Contract 2009 UCO1 -2010 Thereby Increasing the Contract Amount to $1,500,000.00. 26. M &C C -25290 - Authorize Execution of a Construction Contract with McClendon Construction Co., Inc., in the Amount of $656,121.17 for Parking Renovations at the Fort Worth Botanic Garden and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 19974 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Park Gas Lease Project Fund in the Amount of $150,000.00, From Available Funds, for the Purpose of Funding Parking Renovations at the Fort Worth Botanic Garden; and Authorize Execution of a Construction Contract With McClendon Construction Co., Inc., in the Amount of $656,121.17 for Parking Renovations at the Fort Worth Botanic Garden. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 13 of 38 (VII. CONSENT AGENDA Continued) 27. M &C C -25291 - Authorize Acceptance of Additional Grant Funds from the Texas Department of Housing and Community Affairs in the Amount of $1,202,727.00 for the Comprehensive Energy Assistance Program for Proiect Year 2011, Apply 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 $1,202,727.00, for the Project Year 2011 Comprehensive Energy Assistance Program (CEAP); Adopt Appropriation Ordinance No. 19975 -11 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of Grant Funds From the TDHCA for the Purpose of Funding the Project Year 2011 CEAP; and Apply Indirect Costs to the Additional Grant Funds at a Rate of 19.18 Percent, Which Represents the Most Recently Approved Rate for This Department and Apply the New Approved Rate When Available. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS -1833- Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. B. Purchase of Equipment, Materials, and Services - Consent Items (Removed from Consent Agenda for Individual Consideration) 2. M &C P -11324 - Authorize an Amendment to the Sole Source Purchase Agreement with Dionex Corporation for a Hexavalent Chromium Ion - Chromatographic System for the Water Department in the Amount of $37,978.53, for a Total Amount of $121,406.31. The recommendation was that the City Council Authorize an Amendment to the Sole Source Purchase Agreement With Dionex Corporation for a Hexavalent Chromium Ion - Chromatographic System for the Water Department in the Amount of $37,978.53, for a Total Amount of $121,406.31. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. P -11324 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 14 of 38 C. Land - Consent Items (Removed from Consent Agenda for Individual Consideration) 2. M &C L -15281 - Authorize the Direct Sale of Tax - Foreclosed Property Located at 1404 Kennedy Street to Union Gospel Mission of Tarrant County for $5,986.51. It was the consensus of the City Council that Mayor and Council Communication No. L -15281 be continued until the December 6, 2011, Council meeting. E. Award of Contract - Consent Items (Removed from Consent Agenda for Individual Consideration) 28. M &C C -25292 - Authorize Execution of an Agreement with the Friends of the Fort Worth Nature Center and Refuge, Inc., to Manage Entry Fees, Operate a Gift Shop and Provide Other Sources of Support to the Fort Worth Nature Center and Refute. The recommendation was that the City Council Authorize Execution of an Agreement With the Friends of the Fort Worth Nature Center and Refuge, Inc., to Manage Entry Fees Used to Fund Entry Gate Staff Positions and Minor Capital Improvements, to Operate a Gift Shop on City Property and to Engage in a Variety of Other Fundraising Activities to Benefit the Fort Worth Nature Center and Refuge. Council Member Shingleton expressed appreciation to the Friends of the Fort Worth Nature Center and Refuge, Inc., for their support and stated the Fort Worth Nature Center and Refuge was a jewel in the City. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that Mayor and Council Communication No. C -25292 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. < < 1 Council Member Jordan presented the Proclamation for Veterans Day to Robert McAllister, Lieutenant Colonel (retired), United States Army and Field Operations Supervisor, Parks and Community Services Department, and recognized other members of the military who attended the meeting. He stated that Fort Worth and the surrounding area had over 100,000 veterans serving in all branches of service from all wars and military conflicts including World War II to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 15 of 38 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #1 Continued) the present wars in Iraq and Afghanistan. He further stated that veterans throughout the decades, along with their fallen brothers and sisters had sacrificed their time and lives to preserving the freedom and democracy this country stood for and so other nations could flourish. He also stated that a new generation of America's sons and daughters were at present serving in harm's way, fighting to make our Nation and the world a safer, more peaceful place to live and raise families. He advised that it was through their sacrifices and unwavering belief in our heritage and freedom that our veterans had earned the support and gratitude of our country and numerous others worldwide. He pointed out that offering respect to those who had worn and currently wear military uniforms served to remind citizens, particularly the youth of our Nation, of the courage and unbelievable sacrifices made by the men and women who preserved America's cherished way of life. Lieutenant Colonel McAllister expressed appreciation to the Mayor and Council for the Proclamation and the recognition and stated that Veterans Day saluted members of the military both past and present. Mayor Price expressed appreciation to the veterans and reminded all citizens not to take their freedom for granted. 2. Presentation of Proclamation for Y Santas onth Council Member Hicks presented the Proclamation for Cowboy Santas Month to Ms. Sharon Armstrong, President, Cowboys Santas Program, Inc. She stated that Since 1981, the Cowboy Santas Program, a citywide effort operated through the Parks and Community Services Department, had provided toys to low- income children ages 12 years and under throughout Fort Worth and Tarrant County. She further stated that the compassion of local television and radio stations, area businesses and a number of national toy drive participants had greatly helped in an effort to collect the toys and funds that were needed to support this exceptional program. She advised that the unrelenting and selfless dedication exhibited by City employees, private citizens and charitable organizations was largely responsible for the progress of this partnership. She further advised that despite the challenging economy during the 2010 holiday season, the Cowboy Santas program served more than 5,100 families, providing gifts for 12,509 children, accumulating over $124,313.00 in monetary contributions and $679,406.00 in in -kind donations with the assistance of numerous volunteers who donated 2,451 hours of their time bagging and delivering toys to Fort Worth families. Ms. Armstrong expressed appreciation to the Mayor and Council for the Proclamation and introduced staff and Board members who attended the Council meeting. She encouraged everyone to make a monetary or toy donation this year to support the community. Mayor Price expressed appreciation to the Cowboy Santas volunteers for their hard work and encouraged everyone to donate their time or a toy to the cause. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 16 of 38 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) 3. Presentation of Proclamation for National Cutting Horse Association's 50th ® Futurity Council Member Shingleton presented the Proclamation for National Cutting Horse Association's 50th Futurity to Mr. Jeff Hooper, Executive Director, National Cutting Horse Association. He stated that in 1946, the National Cutting Horse Association was formed and organized in Fort Worth to encourage, promote, advertise and develop the cutting horse as a unique and excellent equine athlete. He further stated that the National Cutting Horse Association World Championship Futurity was established in 1962 and this year marked the 50th edition of the Futurity which would be conducted at the Will Rogers Memorial Center in Fort Worth from November 21, 2011, through December 10, 2011. He advised that the National Cutting Horse Association Triple Crown of Cutting events, each being held annually in Fort Worth, brought horse enthusiasts and people to the city who admired the "Cowboys and Culture" of Fort Worth. He pointed out that the visitors boosted the economy by collectively generating over $57 million in spending, in 275,000 visitor days, making the National Cutting Horse Association Futurity one of the premier entertainment and economic activities in Fort Worth. Mr. Hooper and Mr. Kirk Slaughter, Director, Public Events Department, expressed appreciation to the Mayor and Council for the Proclamation and invited everyone to attend the event. Council Member Scarth presented the Proclamation for Small Business Saturday to Ms. Melanie Jones, Owner, Prim & Proper, and Ms. Laura Bley, CFA, President, Bley Investment Group, Inc. He stated the City of Fort Worth believed that small businesses were the backbone and the glue that held the community together as they created jobs, boosted the local economy and preserved neighborhoods. He further stated that according to the Fort Worth Chamber of Commerce there were currently 30,922 small businesses in the City. He pointed out that 99 percent of United States consumers agreed it was important to support the small businesses they valued in their communities and 90 percent were willing to pledge their support for a "Buy Local" small business initiative like Small Business Saturday. He also added that advocacy groups as well as public and private organizations across the country had endorsed the Saturday after Thanksgiving as Small Business Saturday and the City encouraged all residents to support small businesses and merchants on this day and throughout the year. He also displayed a poster encouraging the community to support Small Business Saturday. Ms. Jones expressed appreciation to the Mayor and Council for the Proclamation and stated that she was a third generation small business owner and encouraged everyone to support their community on Small Business Saturday. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 17 of 38 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) 5. Presentation of Proclamation for Pancreatic Cancer Awareness Month Council Member Espino presented the Proclamation for Pancreatic Cancer Awareness Month to Virginia Griffin, Volunteer Dallas/Fort Worth Affiliate - Fort Worth area, Pancreatic Cancer Action Network. He stated that in 2011, an estimated 44,030 people would be diagnosed with pancreatic cancer in the United States and 37,660 would die from the disease and of those deaths approximately 2,260 would occur in Texas. He pointed out that pancreatic cancer was the fourth leading cause of death in the United States with no cure or significant improvements in the survival rates in the last 40 years. He stated that the Pancreatic Cancer Action Network was the first and only national patient advocacy organization that served the pancreatic cancer community nationwide by focusing its efforts on public policy, research funding and patient services in addition to public awareness and education related to developing effective treatments and a cure for pancreatic cancer. He further stated that the Pancreatic Cancer Action Network and its affiliates in Fort Worth were committed to nothing less than a cure, therefore the good health and well -being of the residents of Fort Worth was undoubtedly enhanced through increased awareness as well as research pertaining to early detection, causes and effective treatments. Ms. Griffin expressed appreciation to the Mayor and Council for the Proclamation. She also displayed photographs of her brother, niece and cousin, who all passed away from pancreatic cancer and encouraged everyone to visit www.pancan.org to donate and participate in upcoming events. Mayor Pro tem Zimmerman presented a Certificate of Recognition to Mr. David A. DuBois, President/CEO, Fort Worth Convention and Visitors Bureau (CVB). He stated that the City recognized the Fort Worth Convention and Visitors Bureau on receiving accreditation status from the Destination Marketing Association International (DMAI), a professional membership association for destination marketing organizations and convention and visitors bureaus, which had over 650 member organizations across 30 countries. He further stated that the Destination Marketing Accreditation Program (DMAP), an independent body that defined quality and performance issues in destination marketing, recognized CVB's that met or exceeded industry standards and addressed issues such as standards of performance, best practices and techniques as well as service excellence. He pointed out that this accreditation enhanced the credibility of its' recipients with their customers, stakeholders and staff and brought benefits such as measurable systems, customer confidence, defined standards, access to industry knowledge and a focused organization. He stated that accomplishments like these went a long way in strengthening the City's reputation as one of America's Most Livable Communities and ensured that the City was recognized as one of the best places to live and work. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 18 of 38 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #6 Continued) Mr. DuBois expressed appreciation to the Mayor and Council for the Certificate of Recognition and to Mr. Kirk Slaughter, Director, Public Events Department, for his support of the CVB. Council Member Burns also expressed appreciation for their work in the community and stated that he once served on the CVB. 7. Presentation of Certificate 2f Recognition to Scott Allen, 2011 Quality Dealer of the Year Mayor Price presented a Certificate of Recognition to Mr. Scott Allen, 2011 Quality Dealer of the Year, Owner and President, Car Corner, Inc. d /b /a Auto Land. She stated that the City congratulated Scott Allen on being named the 2011 Quality Dealer of the Year by the National Independent Automobile Dealers Association (NIADA). She stated that Mr. Allen, the owner of Auto Land in Haltom City, was a 20 -year veteran of the automotive industry and was one (1) of 20 people who competed for this most prestigious honor after being named as a quality dealer by the State association. She advised that the recipients of the Quality Dealer of the Year award were judged by a variety of criteria including contributions to the automotive industry and community involvement. She further advised that as a member of the Texas IADA for 17 years and the President of the Fort Worth IADA for the last five (5) years, Mr. Allen had been politically active at both the state and local levels as he strived to improve business conditions for independent auto dealers. She added that Mr. Allen was to be admired for his commitment and dedication to the City. Mr. Allen expressed appreciation to the Mayor and Council Members for the Certificate of Recognition and stated to contact him should they need any assistance in the car industry. Other Special Presentations, Introductions, etc.: Mayor Price presented City Secretary Marty Hendrix with a Certificate of Recognition and an arrangement of roses in honor of her retirement. Mayor Price thanked City Secretary Hendrix for all she had done for the City and stated that she would be sincerely missed. She advised that the Council wanted to publicly recognize her for her achievements. Mayor Price stated that the City of Fort Worth congratulated City Secretary Hendrix on her retirement after seven (7) years of service as the 21st City Secretary for the City. She advised that since her appointment by the Council on August 16, 2004, she had become an integral part of the City family. She advised that City Secretary Hendrix had a profound impact as a leader, manager, innovator, mentor and motivator. She pointed out that the improvements she had implemented and the suggestions that she gave to do things more efficient and effective, the promptness of her replies and the thoughtful consideration she gave to staff as well as to citizens was exceptional. She advised that her unique point of view and perspective had been essential to the successful progress of the City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 19 of 38 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Other Continued) of Fort Worth. She further stated that accomplishments like those went a long way in strengthening the City's reputation as one of America's Most Livable Communities and to ensure that the City was continually recognized as the best place to live, work, play and retire. She pointed out that the Certificate of Recognition was presented to City Secretary Hendrix not only for her dedicated service to the City of Fort Worth, but for her dedicated 35 years service to Municipal Clerks, as well. City Secretary Hendrix expressed appreciation to the Mayor and Council for the Certificate of Recognition and the roses. She stated that she was honored to have served as an appointed official for the City and referred to her career as a City Secretary as "the sweet spot" in her life. 1. UDcomin2 and Recent Events Council Member Burns announced a public meeting on solid waste, including recycling, garbage and bulk pick -up would be held on November 17, 2011, from 6:00 p.m. to 7:30 p.m., at the Travis Avenue Baptist Church. He also announced that a meeting regarding the 7th Street bridge reconstruction would be held on November 18, 2011, at 2:00 p.m., in the Pre - Council Chamber, and encouraged citizens and business owners in the area to attend the meeting. He also announced that the Chesapeake Energy Parade of Lights would be held on November 25, 2011, at 6:00 p.m., and pointed out that Mayor Price would be the Grand Marshall. He advised there would be a tree lighting and a parade and encouraged everyone to arrive early for a good place to watch the activities. Mayor Price announced that the Turkey Trot would be held on November 24, 2011, at 8:00 a.m., at the intersection of Camp Bowie and Westridge. She also announced that the Annual Pet Walk would be held on November 19, 2011, at 9:00 a.m., in Trinity Park, and encouraged everyone to bring their pets to the event. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL I carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 20 of 38 (XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued) Cicille Roney, Place 5, Historic and Cultural Landmarks Commission, with a term expiring on October 1, 2013. Solomon Haile, Place 5, Aviation Advisory Board, with a term expiring on October 1, 2013. XIL PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS COMMISSIONS AND/OR COMMITTEES IMMUMMKITZIMILTMW Ms. Dana Burghdoff, Deputy Director, Planning and Development Department introduced Mr. Jerry Tinkle, Chair of the Board of Adjustment — Residential. She also recognized Mr. Emilio Sanchez, Senior Planner, Planning and Development Department, and Ms. Melinda Ramos, Assistant City Attorney 11, Law Department, who provided staff support to the Board. Mr. Tinkle appeared before Council and advised of the Board of Adjustment — Residential mission and provided a brief summary of goals and objectives of the board. Mayor Pro tem Zimmerman and Council Member Scarth expressed appreciation to Mr. Tinkle for his service on the Board of Adjustment — Commercial and to the community. XIIL RESOLUTIONS 1 1, c 1 J CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 21 of 38 (XIII. RESOLUTIONS #1 Continued) Ms. Wanda Conlin, 1755 Martel Avenue, completed a speaker card in support of Resolution No. 1 and of the current number of single- member City Council districts, and was recognized by Mayor Price but was not present in the Council Chamber. Council Member Jordan provided a brief history of the 8 -1 single member City Council district plan. He indicated that coming up with a number of districts would be an arbitrary number but that the difficulty would be in drawing the district lines to ensure that the City was protecting the one (1) rule of the Voter's Rights Act. He stated that he believed the City had a sound Council that worked well and that if it was not broke then why fix it. He advised that he would move to approve the Resolution with an amendment and the reason he would make that amendment was because he believed there were communities of interest and characteristics that must be identified as the lines were drawn. Council Member Hicks read a letter from Council Member Moss, who was unable to attend the Council meeting, in support of the current 8 -1 single member City Council district plan. Council Member Hicks advised that she supported the current 8 -1 single member City Council district plan but also supported letting the citizens make the decision through a Charter Amendment Election. She stated that one (1) important challenge to consider when redistricting would be to keep from creating distinct urban districts versus suburban districts and pointed out that District 8 consisted of both types of districts. She stated that it was the duty of the Council to ensure that all parts of the City were successful. Council Member Shingleton advised that he supported the current 8 -1 single member City Council district plan and questioned how the proposed number of 10 districts was chosen. He stated the 8 -1 system had and was currently working well. He stated that social media and competent Council Aides had allowed Council Members to reach a much larger number of residents than in the past. He stated that the residents of District 7 were adequately served. Council Member Burns stated that philosophically moving to 10 -1 single member City Council district made sense because there would be fewer residents in each district, allowing a Council Member to provide better service. He stated that once he met with Mr. Florez he realized that this would involve splitting District 9. He advised that the vast majority of residents were in favor of continuing with the 8 -1 single member City Council district plan but added he had received information from two (2) residents supporting the 10 -1 City Council districts. He also pointed out that cost of a Charter Amendment Election should not be a determining factor on this issue. He advised that he would support the current 8 -1 City Council districts and added that it was imperative that the City have neighborhood involvement when redrawing the district boundaries. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 22 of 38 (XIII. RESOLUTIONS #1 Continued) Council Member Scarth advised that moving to 10 -1 single member City Council districts could make redistricting easier because the northern section of the City where the majority of the growth occurred could be split leaving the rest of the districts untouched. He pointed out that the current 8 -1 single member City Council district plan also made it more difficult to maintain diversity. He pointed out that technology today allowed the Council Members, their aides and City staff to respond to the citizens much more efficiently. He advised that he would support the current 8 -1 single member City Council district plan. Council Member Espino also read into the record a letter from Father Stephen Jasso, All Saints Catholic Church, 214 NW 20th Street, stating his support for redistricting and community outreach. Council Member Espino stated he supported the 10 single member districts with one (1) at -large Mayoral position. He also stated that encouraging voting from the Hispanic Community required community outreach. He stated that the City had grown significantly since implementing the eight (8) single member districts with one (1) at -large Mayoral position. He added that redistricting implemented and encouraged diversity and equality including geographic location. He pointed out that there had been a citizen survey conducted on this issue and that 69 percent of the citizens favored 10 single member districts. He advised that he could not discount this survey and for that reason he would be voting against the Resolution for 8 -1 single member City Council districts. He further pointed out that on an issue this important that it should be up to the citizens to decide. Council Member Zimmerman advised that the real issue at hand was how to draw the boundary lines, not the number of Council districts in the City. He stated that he agreed that cost should not be a factor in this issue and also stated he agreed with Council Member Espino that there were other items in the Charter that needed to be updated and changed. He advised that he would support the current 8 -1 single member City Council district plan. Mayor Price agreed that the most challenging issue was how to draw the district boundary lines that would best serve the whole City. She stated that under the current system of 8 -1 the City could ensure that the boundary lines were drawn to support a diverse, equitable and fair representation. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman that Resolution No. 4044 -11 -2011 be adopted with the following amendment: In the fifth section, bullet points five (5) through eight (8), begin each bullet point with the phrase "When appropriate ". 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. V. REPORT OF THE CITY MANAGER B. General CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 23 of 38 ......... ........ The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Various Funds Listed Below in the Amount of $297,421.55, From Available Funds, for Banking and Consultant Services Provided in Conjunction With the City's Gas Lease Program. 1. Lake Worth Gas Lease Capital Improvement Fund in the Amount of $126,833.86; 2. Park Gas Lease Project Fund in the Amount of $35,669.78; 3. Capital Projects Reserve Fund in the Amount of $27,539.39; 4. Airports Gas Lease Project Fund in the Amount of $34,529.88; 5. Golf Gas Lease Capital Project Fund in the Amount of $834.00; 6. Water and Sewer Gas Lease Capital Projects Fund in the Amount of $4,406.70; 7. Park System Endowment Gas Lease Fund in the Amount of $4,104.47; 8. Water and Sewer Endowment Gas Lease Fund in the Amount of $1,468.47; 9. Aviation Endowment Gas Lease Fund in the Amount of $34,527.58; and 10. General Endowment Gas Lease Fund in the Amount of $27,507.42. Mayor Pro tem Zimmerman and Council Members Jordan, Hicks and Burns disclosed that they had normal banking relationships with JPMorgan Chase Bank, N.A. and stated this was not considered a conflict of interest. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. G -17447 be approved and Appropriation Ordinance No. 19976 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. .............. I The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of Fort Worth, Texas, (1986), as Amended, Revising the Means by Which Certain Contractors Provide Bonds to the City by Amending Chapter 30 "Streets and Sidewalks ", Article CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 24 of 38 (G -17448 Continued) I "In General ", Sections 30 -14 "Painting House Numbers on Curbs or Driveways- License and Bond Required; License Fee; Permission From Property Owners" and 30 -15 "Same- Application; Term, Display and Revocation of License; Amount and Term of Bond; Statement of Qualifications "; Chapter 30 "Streets and Sidewalks ", Article II "Parkway Contractors ", Section 30 -33 "License Application; Required Information; Conditions "; and Chapter 30 "Streets and Sidewalks ", Article III "Street and Storm Drain Contractors ", Section 30 -53 "Same- License Application; Required Information; Conditions "; Revising the Means by Which Certain Contractor Bonds are Provided, Maintained and Authorized. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. G -17448 be approved and Ordinance No. 19977 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. A c tijp�p 4 4. Grant from PetSmart Charities in the Amount Animal Waive Indirect Costs and Adopt Appropriation The recommendation was that the City Council Authorize Acceptance of a PetSmart Charities Grant Totaling $61,000.00 to Continue the Purchase and Administration of Bordatella Vaccine to All Animals Arriving at the City's Animal Shelter; Waive Imposition of any Indirect Costs as Part of the City of Fort Worth's In -Kind Match to This Grant; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of Funds From PetSmart Charities, for the Purpose of Funding the Continuation of an Animal Shelter Vaccination Program. Mayor Price expressed appreciation to PetSmart Charities for their support of an important cause and for their work in the community. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. G -17449 be approved and Appropriation Ordinance No. 19978 -11 -2011 be adopted w /appreciation to PetSmart Charities. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Authorize Payments for Fiscal Years 2012 Through 2015 in an Amount Not to Exceed $800,000.00 Per Year, for the Annual Public Water System Fee to the Texas Commission on Environmental Quality. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 25 of 38 (G -17450 Continued) Motion: Council Member Jordan made a motion, seconded by Council Member Scarth that Mayor and Council Communication No. G -17450 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. 4 < < ........ .......... ..,,,,. Bonds, in Proceeds from Water and Sewer System Revenue Approved Water and Sewer Infrastructure Projects. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund in the Amount of $35,000,000.00 and in the Sewer Capital Project Fund in the Amount of $65,000,000.00, From the Proceeds of Water and Sewer System Revenue Refunding and Improvement Bonds, Series 2011, for the Purpose of Funding Approved Water and Sewer Infrastructure Projects. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan that Mayor and Council Communication No. G -17451 be approved and Appropriation Ordinance No. 19979 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. C. Purchase of Equipment, Materials, and Services ............... 1 The recommendation was that the City Council Authorize Non - Exclusive Purchase Agreements With Pencco, Inc., General Chemical Performance Products, LLC, Kemira Water Solutions, Inc., Stout Enterprises, Inc., DPC Industries, Inc., BASF Corporation and Polydyne, Inc., for Liquid Ferric Sulfate, Anhydrous Ammonia and Polymer for the Water Department for a Combined Amount of $3,620,000.00 for the First Year and With Four (4) Annual Renewal Options, Provided That Sufficient Funds Have Been Appropriated by the City Council for any Annual Renewal Period. Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. P -11325 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 26 of 38 The recommendation was that the City Council Authorize Acceptance of .017 Acre of Property Located West of Martin Luther King Highway and South of Berry Street and Known as a Portion of Lot 3, Block 10, True Acres Addition to the City of Fort Worth, Texas; and Authorize Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services, L.L.C., in the Amount of $1,653.75, for a Natural Gas Pipeline Across the Property for a Term of 20 Years. Motion: On behalf of Council Member Moss, Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. L -15282 be approved. 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, Based Upon the Burlington Northern Santa Fe Railroad Relocation Agreement Executed May 17, 2010, (M &C 24205) Between the City and the Burlington Northern Santa Fe Railway Company, the Alliance Airport Runway Extension Project is Necessary in Order to Meet the City's Transportation Needs as Well as to Provide for the Public's Convenience; Declare That Public Convenience and Necessity Require the Acquisition for the Right -of -Way and Easements for the Main Line and Connector Track From the Vann Cattle Yards, Inc., Property and the Additional 89 Property Parcels of Real Property for Right -of -Way and Easements; and Authorize the City Manager and his Designee TranSystems to Attempt to Acquire Through Eminent - Domain Proceedings Under Texas Law 1.71 Acre Parcel for a Permanent Right -of -Way, a 0.50 Acre Parcel for a Pipeline Easement, a 0.50 Acre Parcel for an Access Easement, and a 2.03 Acre Parcel for a Temporary Construction Easement From the Vann Cattle Yards, Inc., Legally Described as Portions Out of the Henry Robertson Survey (A 1259) and Located on the North Side of U.S. Highway 287 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 27 of 38 (L -15283 Continued) North of Bonds Ranch Road West and the Additional 89 Property Parcels of Real Property for Their Fair - Market Values Through Good -Faith Negotiations With the Parcel Owners, and if Such Negotiations are Unsuccessful, Authorize the City Attorney to Acquire the Rights -of -Way by Fee - Simple Title and the Easements Described, but Acquire No Mineral Interests, of the Parcels as Well as any Remainders of Such Parcels Where the Acquisition of Same Would be Economically Prudent; and Authorize Acceptance and Recording of the Appropriate Instruments. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that the Fort Worth City Council authorize the use of the power of eminent domain for the Main Line and Connector Track for the Alliance Airport Runway Extension Project to acquire a 1.71 acre parcel for a permanent right -of -way, a 0.50 acre parcel for a pipeline easement, a 0.50 acre parcel for an access easement and a 2.03 acre parcel for a temporary construction easement from the Vann Cattle Yards, Inc., legally described as portions out of the Henry Robertson Survey (A 1259) and located on the north side of U.S. Highway 287 north of Bonds Ranch Road West; to acquire the rights -of -way and easements described in the list attached to Mayor and Council Communication No. L -15283 of 89 additional properties for the Main Line and Connector Track for the Alliance Airport Runway Extension Project; and to direct the City Secretary to have the minutes reflect that this motion applies to the 93 listed parcels in attachment 1 to Mayor and Council Communication No. L- 15283. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. ... The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternative Exists to the Use of Anderson Park and Marine Creek Ranch Park for the Dedication of Public Road Rights -of -Way and Utility Infrastructure Improvements; Find That the Proposed Dedication of Public Road Rights -of -Way and Utility Infrastructure Improvements Includes All Reasonable Planning to Minimize Harm to the Parkland and Will be Constructed in Anderson Park and Marine Creek Ranch Park; and Close the Public Hearing and Authorize the City Manager to Approve the Use of Approximately 0. 122 Acre of Anderson Park Located at 5052 Cromwell Marine Creek Road, West of Riverwater Trail, Waterford Drive and Valley Creek Drive, Bisected by Parkview Hill Lane, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 28 of 38 (L -15284 Continued) East of Waterview Court, Baybridge Court, Breeze Hollow Court and Meandering Creek Court and North of Cromwell Marine Creek Road and 1.292 Acres of Marine Creek Ranch Park Located at 5101 Cromwell Marine Creek Road, South of Cromwell Marine Creek Road and East of Crystal Lake Drive, Together Totaling 1.414 Acres, for the Dedication of Public Rights -of- Way and Utility Infrastructure Improvements. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. L -15284 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternative Exists for the Use of River Park for the Location of the Proposed Natural Gas Pipeline; Find That the Proposed Natural Gas Pipeline Includes All Reasonable Planning to Minimize Harm to the Parkland, Including That the Pipeline Will be Constructed in River Park; Close the Public Hearing and Authorize the Approval of the Use of Approximately 0.008 Acre of Dedicated Parkland of River Park Located at 3100 Bryant Irvin Road, East of State Highway 183 and Cumberland Road; West of Bryant Irvin Road; North of the Trinity River and South of River Park Lane South, Trinity View Drive, River Lodge Trail South, San Rocendo Street and Audras Way, for the Installation of a 16 Inch Natural Gas Pipeline and Use of Approximately 0.61 Acre of River Park for Temporary Workspace; Authorize Execution of a License Agreement With Barnett Gathering, LP, for River Park in the Amount of $1,042.34; and Authorize Execution of a 90 Day Temporary Construction Access Agreement With Barnett Gathering, LP, for River Park in the Amount of $26,615.00 With Proceeds Dedicated to Improvements at River Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 29 of 38 (L -15285 Continued) a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. L -15285 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. E. Planning Zoning c c c The recommendation was that the City Council Adopt an Ordinance Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort Worth; Providing for the Annexation of an Approximately 3.3 Acre Tract of Land Situated in the G. S. Rall Survey, Also Known as Lot 22, Block 6 of the Haslet Heights Addition, Situated About 15.3 Miles North 18 Degrees West of the Courthouse, Tarrant County, Texas (Case No. AX -11 -008) Which Said Territory Lies Adjacent to and Adjoins the Present Corporate Boundary Limits of Fort Worth, Texas; Providing That the Territory Annexed Shall Bear its Pro Rata Part of Taxes; Providing That the Inhabitants Thereof Shall Have All the Privileges of All the Citizens of Fort Worth, Texas. Mr. Jeff Davis, 550 Bailey Avenue, Suite 408, appeared before Council in support of Mayor and Council Communication No. PZ -2957 and Zoning Docket No. ZC -11 -043, and requested both items be continued to the January 24, 2011, Council meeting to allow for more discussion with the property owner. (At the Request of Council Member Shingleton, Agenda Item No. XVI. Zoning Hearing and Zoning Docket No. ZC -11 -043 was moved up the Council agenda and considered under one (1) motion with Mayor and Council Communication No. PZ- 2957.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 30 of 38 V. ZONING HEARING Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 84 Avondale-Haslet Rq;k(j;.from: Unzoned to: "E" Neighborhood Commercial (Recommended for A p Previous Meeti It appeared that the City Council at its regular meeting on September 20, 2011, continued Zoning Docket No. ZC -11 -043. Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. PZ -2957 and Zoning Docket No. ZC -11 -043 be continued to the January 24, 2012, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. (The Council moved back up the agenda to Agenda Item No. XIV. Report of the City Manager and continued with the regular order of the agenda.) F. Award of Contract 1. M&C C-25293 - Authorize Execution of a Public Ri2ht-of-Way Use Agreement ' Granting ,,,,,,, ,,,,,,,,, ,,,,,,,,� Bryant ,,,,,,., ,,,,,,,,. Acme ., ,,,,,,,, ,,,Operate ,.. Gathering Pipeline Ranch Road. The recommendation was that the City Council Authorize the Execution of a Public Right -of- Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Bryant Irvin Road, South of Riverpark Drive, Acme Brick Plaza, South of Edwards Ranch Road and Edwards Ranch Road, South of Highway 121, for a One (1) Time License Fee of $17,104.50. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth that Mayor and Council Communication No. C -25293 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Authorize Execution of a Community Facilities Agreement With Cook Children's Medical Center With City Participation in an Amount Not to Exceed $458,068.95 for the Installation of 12 Inch and 10 Inch Water Mains, Relocation of an Eight (8) Inch Sewer Pipe and Construction of a Five (5) Feet by Three (3) Feet Storm Drain in Seventh Avenue to Serve Cook Children's Medical Center and the Surrounding Area. 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 Shingleton that Mayor and Council Communication No. C -25294 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. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $1,042,969.00, From Available Funds, for the Purpose of Transferring Said Funds to the Specially Funded Capital Projects Fund for Storm Water and Franchise Utility Relocations for the Trinity River Vision - Central City Project and the Trinity Uptown Service Area, Phase 2A; Authorize the Transfer From the Special Trust Fund to the Specially Funded Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Specially Funded Capital Projects Fund, From Available Funds, for the Purpose of Funding the Storm Water and Franchise Utility Relocations for the Trinity River Vision - Central City Project and the Trinity Uptown Service Area, Phase 2A; and Authorize the Execution of Amendment No. 4 in the Amount of $1,032,969.00 to City Secretary Contract No. 37036 With TranSystems Corporation d /b /a TranSystems Corporation Consultants for the Project, Thereby Increasing the Contract Amount to $3,998,448.00. Motion: Council Member Burns made a motion, seconded by Council Member Scarth that Mayor and Council Communication No. C -25295 be approved and Appropriation Ordinance Nos. 19980 -11 -2011 and 19981 -11 -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 NOVEMBER 15, 2011 Page 32 of 38 5. M&C C-25297 - Authorize the Annual Renewal of an Inteirlpi�4!.Agreement with ..,, .......w ........, ......... Triangle .. The recommendation was that the City Council Authorize the Renewal of an Interlocal Agreement With Tarrant County in an Amount Up to $7,300,000.00 for the Widening of Golden Triangle Boulevard From IH -35W to US 377. Motion: Council Member Espino made a motion, seconded by Council Member Jordan that Mayor and Council Communication No. C -25297 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. c The recommendation was that the City Council Authorize the Execution of Change Order No. 1 in the Amount of $186,886.83 to City Secretary Contract No. 41985 With Advance Paving Acquisition, Ltd., for Hot Mix Asphaltic Concrete Surface Overlay 2011 -6 on Erie Street, From Church Street to East Lancaster Avenue; Forest Avenue, From Craig Street to East Lancaster Avenue; Haynie Street, From Craig Street to East Lancaster Avenue; and Old Decatur Road, From Mosaic Drive to Longhorn Road, Thereby Increasing the Total Contract Amount to $981,675.83. Motion: On behalf of Council Member Moss, Council Member Hicks made a motion, seconded by Council Member Espino that Mayor and Council Communication No. C -25298 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Transportation Public Works Gas Well Revenues Fund in the Amount of $1,742,000.00 From Available Funds, for the Acquisition of Rights -of -Way and Easements and for Construction Costs Related to the South Hulen Street Project; and Authorize Execution of a Contract With Conatser Construction TX, L.P., in the Amount of $1,609,143.35 for Water, Pavement, Street Lights, and Drainage Improvements for South Hulen Street Improvements From Carriage Crossing Drive to Rancho Verde Parkway. Motion: Council Member Jordan made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. C -25299 be approved and Appropriation Ordinance No. 19982 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $1,105,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount for the Purpose of Funding Citywide Stormwater System GIS Project; and Authorize Execution of Amendment No. 3 to City Secretary Contract No. 39489 With Jacobs Engineering Group, Inc., for Citywide Stormwater System GIS Project in the Amount of $3,265,000.00 for the Transportation and Public Works Department, Stormwater Management Division. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. C -25300 be approved and Supplemental Appropriation Ordinance No. 19983 -11 -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 NOVEMBER 15, 2011 Page 34 of 38 ri#tions in ... ......... ......... .......... ......... ....... ., I Decreasing ..... ......... ......, ........, ........, .......... ........, ......... Balance The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $650,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount, for the Purpose of Funding the Convention and Visitors Bureau. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25301 be approved and Supplemental Appropriation Ordinance No. 19984 -11 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Authorize the Transfer of $1,149,300.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Sewer Main Replacements Contract 2011A; and Authorize the Execution of a Contract in the Amount of $1,000,000.00 With William J. Schultz, Inc., d /b /a Circle "C" Construction Company, for Sewer Main Replacements Contract 2011A. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25302 be approved and Appropriation Ordinance No. 19985 -11 -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 NOVEMBER 15, 2011 Page 35 of 38 (C -25303 Continued) The recommendation was that the City Council Authorize the Execution of Amendment No. 1 in the Amount of $1,580,000.00 to City Secretary Contract No. 37013 With Kimley -Horn and Associates, Inc., for Water and Sanitary Sewer Main Relocations for the Trinity River Vision - Central City Project and the Trinity Uptown City Project and the Trinity Uptown Service Area, Phase 2A on Main Street, Commerce Street, Channel Segment B, White Settlement Road, Beach Street and Gateway Site E, Thereby Increasing the Contract Amount to $4,113,113.00. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25303 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. The recommendation was that the City Council Terminate City Secretary Contract No. 26292, Amendment No. 1, City Secretary Contract No. 26645, Amendment No. 2, City Secretary Contract No. 27455, Amendment No. 3, City Secretary Contract No. 31448, With APIAQ Limited Partnership, for Lease Sites 43N, 44N and 45N, Consisting of 266,302 Square Feet of Ground Space and Three (3) Hangars With a Cumulative Total of 122,672 Square Feet of Space at Fort Worth Meacham International Airport; Terminate City Secretary Contract No. 30199, Consent to Assignment City Secretary Contract No. 39629 and Public Fueling Agreement and Fixed Base Operator Permit Issued September 1, 2010, With APIAQ Limited Partnership for Approximately 1,600 Square Feet of Unimproved Ground Space on the West Side of the Aircraft Fuel Farm at Fort Worth Meacham International Airport; Execute a Ground Lease Agreement With FTW FBO, LLC, for Lease Sites 43N and 45N, Consisting of Approximately 188,056 Square Feet of Ground Space and Two (2) Hangars, Hangar 43N is Approximately 26,929 Square Feet and 45N is Approximately 36,493 Square Feet at Fort Worth Meacham International Airport; and Execute a Ground Lease With FTW FBO, LLC, for Approximately 1,600 Square Feet of Ground Space on the West Side of the Aircraft Fuel Farm at Fort Worth Meacham International Airport. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25304 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 36 of 38 The recommendation was that the City Council Authorize Execution of a Ground Lease Agreement With Winston Aviation Group, LLC, and a Consent to Deed of Trust by Winston Aviation Group, LLC, in Favor of the Frost National Bank, for Lease Site 44N, Containing Approximately 166,318 Square Feet of Ground Space and a 59,250 Square Foot Hangar, at Fort Worth Meacham International Airport. Motion: Council Member Espino made a motion, seconded by Council Member Hicks that Mayor and Council Communication No. C -25305 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Moss absent. XV. PUBLIC HEARING Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. c , a, RmLL2ML a Beth Knight, Senior Planner, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen ese a s There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Scarth that the public hearing be closed. 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 NOVEMBER 15, 2011 Page 37 of 38 XVIL PRESENTATIONS Mr. Tom Franklin, 5633 Oak Grove Road, completed a citizen presentation card and was recognized by Mayor Price, but was not present in the Council Chamber. Mayor Price recessed the meeting back into Pre - Council meeting at 12:06 p.m., to complete the following Agenda items: 8. Briefing on Street and Freeway Lighting 9. City Council Requests for Future Agenda Items and /or Reports Mayor Price adjourned the Pre - Council meeting to convene in the Executive Session at 12:58 p.m. XVIIL EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) It was the consensus of the City Council that the City Council meet in closed session at 12:58 p.m., to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code: a. Legal issues concerning any item listed on today's City Council meeting agendas. 2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Mayor Price adjourned the Executive Session of the Fort Worth City Council at 1:34 p.m. Mayor Price reconvened back into regular session at 1:34 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2011 Page 38 of 38 XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 1:34 p.m. in memory of Council Member Scarth's mother, Helen Marie Scarth, who passed away on November 4, 2011. These minutes approved by the Fort Worth City Council on the 6`h day of December, 2011. Attest: 4 7 -a-d . 6;� Ronald P. Gonzal Assistant City Secretary Approved: . ;�� W. B. "Zim ' Zim an Mayor Pro tem