HomeMy WebLinkAbout2012/05/01-Minutes-City Council
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Present:
Mayor Betsy Price
Mayor Pro tem W.B. “Zim” Zimmerman, District 3
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
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 Salvador Espino, District 2
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Mary J. Kayser, City Secretary
Mayor Price stated the Council was pleased to have the Paschal High School Choir performing
in the Council Chamber. She also recognized Pat Banks, Choir Director and Terry Mossigi,
Principal, who were in the audience.
I. 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 7:03 p.m., on Tuesday, May 01, 2012, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102, with Council Member Espino absent.
II. INVOCATION - Reverend Milton Pace, Saintsville Cathedral Fort Worth
The invocation was provided by Reverend Milton Pace, Saintsville Cathedral Fort Worth.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 2 of 28
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 17,
2012 AND MINUTES OF COUNCIL BUS TOUR OF DISTRICT 7 ON APRIL
24, 2012
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton,
that the Minutes of the regular meeting of April 17, 2012, and Minutes of the
Council Bus Tour of District 7 on April 24, 2012, be approved. The motion carried
unanimously 8 ayes to 0 nays, with Council Member Espino absent.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Higgins requested that Mayor and Council Communication No. L-15356 be
withdrawn from the Consent Agenda.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Higgins requested that Mayor and Council Communication No. G-17585 be
continued until the May 15, 2012, Council meeting.
VII. CONSENT AGENDA
A. General - Consent Items
1. M&C G-17575 - Authorize Reimbursement of the General Fund in the Amount of
$760,000.00 for Expenses Associated with the Purchase of Automation Permitting
System Software from City Owned Mineral Lease Royalties and Bonus Revenue
and Adopt Appropriation Ordinances. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20184-05-2012 increasing the estimated receipts and appropriations in the Capital Projects
Reserve Fund in the amount of $760,000.00, from available funds, for the purpose of paying
expenses associated with the purchase of automation permitting system software; authorize the
transfer in the amount of $760,000.00 from the Capital Projects Reserve Fund to the General
Fund; and adopt Appropriation Ordinance No. 20185-05-2012 increasing the estimated receipts
and appropriations in the General Fund, from available funds, for the purpose of paying the
expenses for the purchase of the new permitting system as approved by Mayor and Council
Communication No. C-25422.
2. M&C G-17576 - Adopt the Semi-Annual Progress Report from the Capital
Improvements Advisory Committee for Transportation Impact Fees. (ALL
COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 3 of 28
The City Council approved the following recommendation: Adopt the January 2012, semiannual
progress report concerning the status of the Capital Improvements Plan for Transportation
Impact Fees from the Capital Improvements Advisory Committee for Transportation Impact
Fees.
3. M&C G-17577 - Adopt Resolution Increasing the Maximum Amount to Be Paid
to the Law Firm of Whitaker, Chalk, Swindle and Schwartz, P.L.L.C., in the
Amount of $45,000.00 for the Prosecution of the City’s Lawsuit Entitled City of
Fort Worth v. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy
Company, Ltd., and Burnsco Construction, Inc., Cause No. 96-232719-08 and
Adopt Supplemental Appropriation Ordinance in the General Fund and
Decreasing the Unassigned General Fund Balance by the Same Amount.
(COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Adopt Resolution No. 4084-05-2012
authorizing an increase of $45,000.00 to the maximum amount to be paid to Whitaker, Chalk,
Swindle and Schwartz, P.L.L.C., for assisting the City with legal matters regarding the lawsuit
entitled City of Fort Worth v. Crawford Farms Investors, Ltd., Glenn Thurman, Inc., L. H. Lacy
Company, Ltd., and Burnsco Construction, Inc., Cause No. 96-232719-08; and adopt
Supplemental Appropriation Ordinance No. 20186-05-2012 increasing the estimated receipts and
appropriations in the General Fund in the amount of $45,000.00 and decreasing the unassigned
fund balance by the same amount, for the purpose of increasing the maximum amount paid to
Whitaker, Chalk, Swindle and Schwartz, P.L.C. for representing the City in the lawsuit.
4. M&C G-17578 - Authorize Execution of a Settlement Agreement and Mutual
Release with Fortress Ministries and Authorize Purchase of Five Lots Located at
the Intersection of Humbolt Street and Park Manor Drive in the Amount of
$41,000.00. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the City Manager or his
designee to enter into a Settlement Agreement and Mutual Release with Fortress Ministries in
which the City of Fort Worth shall pay $41,000.00 for five (5) lots located at the intersection of
Humbolt Street and Park Manor Drive, described as Lot 5, Block 3; Lot 6, Block 3; Lots 7 and 8,
Block 3; and Lot 1, Block 5, Vickery Addition; authorize the purchase of the property from
Fortress Ministries in the amount of $41,000.00; and authorize execution and recording of the
appropriate instruments conveying the property to complete the purchase.
5. M&C G-17579 - Amend M&C G-15544 to Correct the Funding Information for a
Local Project Advance Funding Agreement with the Texas Department of
Transportation and a Railroad Crossing Closure Agreement with Texas
Department of Transportation and Burlington Northern Santa Fe Railway
Company for the Hemphill West Quiet Zone Project. (COUNCIL DISTRICT 9)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 4 of 28
The City Council approved the following recommendation: Authorize amendment of
Recommendation No. 1 of M&C No. G-15544 to revise the amount of the Local Project
Advance Funding Agreement for the Hemphill West Quiet Zone Project with the Texas
Department of Transportation (TxDOT) from $856,080.00 to $849,479.00; authorize amendment
of Recommendation No. 2 of M&C G-15544 to revise the amount accepted in federal funds from
the North Central Texas Council of Governments Railroad Crossing Reliability Partnership
Program for this project from $684,864.00 to $679,583.00; authorize amendment of
Recommendation No. 3 of M&C G-15544 to revise that the transfer of $150,000.00 to the Grant
Fund for the City of Fort Worth's match will be from the Street Improvements 2008 Fund instead
of from Street Light and Signal Improvements Fund; authorize amendment of Recommendation
No. 4 of M&C G-15544 to revise the amount transferred from the Street Light and Signal
Improvements Fund to the Grant Fund for the City of Fort Worth's match from $13,716.00 to
$12,396.00; authorize amendment of Recommendation No. 5 of M&C G-15544 to revise that a
reimbursement in the amount of $7,500.00 from TxDOT will not be used for the City of Fort
Worth's match but instead $7,500.00 will be transferred from the Street Improvements 2008
Fund to the Grant Fund for the City of Fort Worth's match; and authorize amendment of
Recommendation No. 6 of M&C No. G-15544 to revise the estimated receipts and
appropriations in the Grant Fund from $856,080.00 to $849,479.00.
6. M&C G-17580 - Authorize Acceptance of a Donation in the Amount of $250.00
from Mary Ann and Diego Giordano and Adopt Supplemental Appropriation
Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize acceptance of a monetary
donation in the amount of $250.00 from Mary Ann and Diego Giordano for the Police
Department Mounted Patrol Unit; and adopt Supplemental Appropriation Ordinance No.
20187-05-2012 increasing the estimated receipts and appropriations in the Special Trust Fund in
the amount of $250.00, upon receipt of the monetary donation, for the purpose of the Police
Department Mounted Patrol Unit.
7. M&C G-17581 - Authorize Six Month Extension of Injury Leave of Absence Pay
Benefits in the Amount of $33,843.43 for Firefighter Alex Vidal. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize a six (6) month extension
of injury leave of absence pay benefits in the amount of $33,843.43 for Firefighter Alex Vidal
beginning May 26, 2012, through November 26, 2012.
8. M&C G-17582 - Adopt the Semi-Annual Impact Fee Progress Report of the
Water and Wastewater Capital Improvements Plan. (ALL COUNCIL
DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 5 of 28
The City Council approved the following recommendation: Adopt the Capital Improvements
Plan Citizen Advisory Committee's Semi-Annual Progress Report concerning the status of the
Water and Wastewater Impact Fees.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M&C P-11379 - Authorize Non-Exclusive Purchase Agreements with Pace
Analytical Services, Inc., Accutest Laboratories Gulf Coast, Inc., and Ana Lab
Corporation for Laboratory Analytical Services for the Water Department for a
Combined Amount of $130,000.00 for the First Year. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize non-exclusive purchase
agreements with Pace Analytical Services, Inc., Accutest Laboratories Gulf Coast, Inc., and Ana
Lab Corporation for laboratory analytical services for the Water Department for a combined
amount of $130,000.00 for the first year, with delivery included.
2. M&C P-11380 - Authorize Purchase Agreements with Lawn Patrol Service, Inc.,
Hx4 Maintenance, LLC, and Somerset Landscape and Maintenance, Inc., to
Provide Grounds Maintenance and Mowing Services for the Water and Parks and
Community Services Departments for a Combined Amount of $315,000.00 for the
First Year. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize purchase agreements with
Lawn Patrol Service, Inc., Hx4 Maintenance, LLC, and Somerset Landscape and Maintenance,
Inc., to provide grounds maintenance and mowing services for the Water and Parks and
Community Services Departments for a combined amount of $315,000.00 for the first year.
C. Land - Consent Items
1. M&C L-15354 - Authorize Direct Sale of a Tax Foreclosed Property Located at
1616 Langston Street to Texas Midstream Gas Services, L.L.C., in the Amount of
$2,940.92. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the direct sale of a tax
foreclosed property located at 1616 Langston Street, described as E ½ of Lot 2, Less NE 60’ x
140’, Stouts Subdivision, to Texas Midstream Gas Services, L.L.C., in accordance with Section
34.05 of the Texas Tax Code in the amount of $2,940.92; and authorize execution and recording
of the appropriate instruments conveying the property to complete the sale.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
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2. M&C L-15355 - Authorize Lease Modification and Extension Agreement with
Basswoodbeach Crossing, Ltd., for Office Space at 4301 Basswood Boulevard,
Suite 180 for the Police Department. (COUNCIL DISTRICT 4)
The City Council approved the following recommendation: Authorize the execution of a lease
modification and extension for office space located at 4301 Basswood Boulevard, Suite 180,
with Basswoodbeach Crossing Ltd.; and approve a lease term of two (2) years effective
August 1, 2012, and expiring on July 31, 2014, with three (3) one (1) year renewal terms.
4. M&C L-15357 - Authorize Acceptance of a Donation of Approximately 12.3 Acres
of Land Located at 2201 Briardale Road from Texas Christian University to the
City of Fort Worth for Flood Control and Trail Connections and Authorize
Expenditure in the Amount of $1,000.00 for Conveying and Transferring
Ownership of the Property. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize acceptance of a donation
of approximately 12.3 acres of land located at 2201 Briardale Road, described as Abst. 943, Tr
1PO1, S P Loving Survey, from Texas Christian University; authorize expenditure in the amount
of $1,000.00 to complete the transfer of ownership; and authorize execution and recording of the
appropriate instruments conveying the property
D. Planning & Zoning - Consent Items - None
E. Award of Contract - Consent Items
1. M&C C-25574 - Authorize Execution with Corbin Design, Inc., of a Professional
Services Agreement in the Amount of $180,000.00 for Redesign and
Implementation of the Wayfinding Project for Downtown, the Cultural District,
and the Historic Stockyards. (COUNCIL DISTRICTS 2, 7 and 9)
The City Council approved the following recommendation: Authorize execution of a
Professional Services Agreement with Corbin Design Inc., in an amount of $180,000.00 for
redesign and implementation of the wayfinding project for Downtown, the Cultural District and
the Historic Stockyards.
2. M&C C-25575 - Authorize Execution of Change Order No. 1 with Peachtree
Construction, Ltd., in the Amount of $259,250.00 to City Secretary Contract No.
42246 Increasing the Total Contract Amount of $1,296.250.00 to Include
Additional Streets in the Community Development Block Grant 2010 Street
Reconstruction Project. (COUNCIL DISTRICTS 2, 7 and 8)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 7 of 28
The City Council approved the following recommendation: Authorize the execution of Change
Order No. 1 in the amount of $259,250.00 to City Secretary Contract No. 42246 with Peachtree
Construction, Ltd., to include additional streets in the Community Development Block Grant
2010 Street Reconstruction Project, thereby increasing the total contract amount to
$1,296,250.00.
3. M&C C-25576 - Authorize Substantial Amendment to the City’s 2008-2009
Action Plan, Authorize Change in Use and Expenditure in the Amount Up to
$300,000.00 in Homelessness Prevention and Rapid Rehousing Funds, Authorize
Execution of Contract Amendments with Cornerstone Assistance Network, The
Salvation Army and the Fort Worth Housing Authority to Award Funds, Extend
the Term and to Increase Funding. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the substantial amendment
to the City's 2008-2009 Action Plan regarding the change in use in an amount up to $300,000.00
in funds for the Homelessness Prevention and Rapid Rehousing Program (HPRP); authorize the
execution of a contract amendment with Cornerstone Assistance Network to increase HPRP
funding in an amount up to $100,000.00 from remaining HPRP funds; authorize the execution of
a contract amendment with The Salvation Army to increase funding in an amount up to
$100,000.00 from remaining HPRP funds; authorize the execution of a contract for a one (1)
year term with the Fort Worth Housing Authority in an amount up to $100,000.00 from
remaining HPRP funds; and authorize the 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.
4. M&C C-25577 - Authorize Change in Use and Expenditure in the Amount of
$495,940.90 in Additional Community Development Block Grant Funds for the
Terrell Heights Street Light Replacement Project and Authorize Substantial
Amendment to the City’s 2010-2011 Action Plan. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the expenditure of an
additional $495,940.90 of Community Development Block Grant funds for the Terrell Heights
Street Light Replacement Project; and authorize a substantial amendment to the City’s 2010-
2011 Action Plan to change the use and add an additional $495,940.90 to the Terrell Heights
Street Light Replacement Project.
5. M&C C-25578 - Authorize Execution of an Engineering Agreement with Halff
Associates, Inc., in the Amount of $176,177.00 for the Bluebonnet Hills Storm
Drain Improvements. COUNCIL DISTRICTS 3 and 9)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 8 of 28
The City Council approved the following recommendation: Authorize execution of an
Engineering Agreement with Halff Associates, Inc., for preliminary analysis and engineering
services for the Bluebonnet Hills Storm Drain Improvements in the amount of $176,177.00.
6. M&C C-25579 - Authorize Execution of an Engineering Agreement with URS
Corporation in the Amount of $112,213.00 for the Design of the Cooks Ederville
Drainage and Erosion Protection Improvements. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the execution of an
Engineering Agreement with URS Corporation in the amount of $112,213.00 for design of the
Cooks Ederville drainage and erosion protection improvements.
7. M&C C-25580 - Authorize Execution of an Interlocal Agreement with Tarrant
County in the Amount of $705,864.00 for Reconstruction of Bowman Roberts
Road, Old Decatur Road, Premier Street and Old Weatherford Road with City of
Fort Worth Participation. (COUNCIL DISTRICTS 3, 4 and 7)
The City Council approved the following recommendation: Authorize the execution of an
Interlocal Agreement with Tarrant County for reconstruction of Bowman Roberts Road, Old
Decatur Road, Premier Street and Old Weatherford Road with City of Fort Worth participation
in the amount of $705,864.00 which includes furnishing all necessary materials, traffic control
and other incidentals.
8. M&C C-25581 - Authorize Execution of a Construction Contract with H.V.A.C.
Technical, Inc., in the Amount of $202,100.00 to Install a Second Chiller for the
Police Crime Laboratory. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize execution of a
construction contract with H.V.A.C. Technical, Inc., in the amount of $202,100.00 to install a
second chiller for the Police Crime Laboratory.
9. M&C C-25582 - Authorize Execution of Amendment No. 5 with Halff Associates,
Inc., in the Amount of $572,000.00 to City Secretary Contract No. 33121 for
Engineering Services Associated with the City’s Stormwater Management
Program for a Total Contract Amount of $2,957,540.00. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 5 to the Engineering Agreement with Halff Associates, Inc., City Secretary
Contract No. 33121, for the Henderson Street Storm Drain Watershed Planning Study in the
amount of $572,000.00 for a total contract amount of $2,957,540.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 9 of 28
10. M&C C-25583 - Authorize Execution of a Contract with Johnson Controls, Inc.,
in the Amount of $822,641.00 Plus $97,359.00 in Contingency and Staff
Administration Costs for Repair of Mechanical and Controls for the HVAC
System at the Fort Worth Convention Center and Adopt a Supplemental
Appropriation Ordinance Increasing Appropriations in the Culture and Tourism
Fund in the Amount of $920,000.00 and Decreasing the Unassigned Culture and
Tourism Fund Balance by the Same Amount. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize the execution of a contract
with Johnson Controls, Inc., in the amount of $822,641.00 plus $97,359.00 in contingency and
staff administration costs using a Texas Multiple Award Schedule (TXMAS) Contract Number
TXMAS-6-840160 for repair of mechanical and controls of the HVAC system at the Fort Worth
Convention Center; and adopt Supplemental Appropriation Ordinance No. 20188-05-2012
increasing the estimated receipts and appropriations in the Culture and Tourism Fund in the
amount of $920,000.00, and decreasing the unassigned fund balance by the same amount, for the
purpose of mechanical and controls repair of the HVAC system at the Fort Worth Convention
Center.
11. M&C C-25584 - Authorize Acceptance in the Amount of $43,500.00 in Grant
Funds from the Texas School Safety Center at Texas State University San Marcos,
Authorize Execution of Related Contract with Texas State University San Marcos
for Operations to Discourage the Sale of Tobacco Products to Minors and Adopt
Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the acceptance of grant
funds from the Texas School Safety Center at Texas State University San Marcos in the amount
of $43,500.00; authorize the execution of the grant contract for funds in the amount of
$43,500.00; and adopt Appropriation Ordinance No. 20189-05-2012 increasing the estimated
receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of
allocating funds for controlled “Buy Money” for sting operations to discourage retailers from
selling tobacco products to minors.
12. M&C C-25585 - Authorize Execution of a Construction Reimbursement
Agreement with Cowtown Pipeline Partners, L.P., in the Amount of $916,300.00
for Relocation of a Gas Pipeline as Part of the Runway Extension Project at Fort
Worth Alliance Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize execution of a
Construction Reimbursement Agreement with Cowtown Pipeline Partners, L.P., in the amount of
$916,300.00 for relocation of a gas pipeline as part of the Runway Extension Project at Fort
Worth Alliance Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 10 of 28
13. M&C C-25586 - Authorize Execution of a Consent to Assignment of an
Unimproved Ground Lease Agreement Identified as City Secretary Contract No.
41119 at Fort Worth Meacham International Airport by Don E. Hansen to Texas
Capitalization Resource Group, Inc. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize a written consent to
assignment by Mr. Don E. Hansen of all leasehold interest in City Secretary Contract No. 41119
at Fort Worth Meacham International Airport to Texas Capitalization Resource Group, Inc.
14. M&C C-25587 - Authorize Execution of a Terminal Building Office Lease
Agreement with Aviation Courses Ltd., for Suite 106, at Fort Worth Meacham
International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a terminal
building office lease agreement with Aviation Courses Ltd., for Suite 106, at Fort Worth
Meacham International Airport.
15. M&C C-25588 - Adopt Resolution Authorizing Execution of a Grant Agreement
with the Texas Department of Transportation for a Wildlife Hazard Assessment
at Fort Worth’s Meacham International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Adopt Resolution No. 4085-05-2012
authorizing the City Manager to execute all necessary documents for the application and
acceptance of a Wildlife Hazard Assessment Grant from the Texas Department of
Transportation.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEM
1. OCS - 1849 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
C. Land - Removed from Consent Agenda for Individual Consideration
3. M&C L-15356 - Authorize Execution of Lease with Fort Worth Local
Development Corporation for Retail Space Located on the First Floor of the
Houston Street Garage, 1100 Houston Street for an Annual Rental Rate in the
Amount of $10.00 Per Square Foot. (COUNCIL DISTRICT 9)
The recommendation was that the City Council authorize the execution of a lease with the Fort
Worth Local Development Corporation for the retail space located on the first floor of the
Houston Street parking garage, 1100 Houston Street, for an annual rental rate in the amount of
$10.00 per square foot; and authorize the execution and recording of the appropriate instruments
concerning the lease of the property.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 11 of 28
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. L-15356 be approved with the
amendment to change the lease rate from $10.00 per square foot to $10.30 per
square foot. The motion carried unanimously 8 ayes to 0 nays, with Council
Member Espino absent.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of the 2013 KnoWhat2Do Calendar Art Contest Winners
Mayor Price and Pat Vasquez, Division Chief, Office of Emergency Management, presented the
trophies to the 2013 KnoWhat2Do Calendar Art Contest Winners. Mr. Vasquez stated the Office
of Emergency Management and the Fort Worth Independent School District (FWISD) joined
together to create the 2013 KnoWhat2Do Emergency Preparedness calendar. He further stated
that KnoWhat2Do was a regional disaster preparedness public education campaign which taught
residents about local severe weather and manmade disasters; how to prepare for these hazards
and how to respond when the hazard took place. He advised that FWISD students in the 3rd, 4th
and 5th grade learned about emergency preparedness and then created a piece of artwork that
depicted either a severe weather or manmade disaster. He pointed out that over 600 students
entered into the competition, quadrupling last year’s entries. He added that the calendars, which
were funded by a grant from State Homeland Security, would be given out to the public starting
in late 2012.
2013 KnoWhat2Do Calendar Art Contest Winners:
Name Grade School
Cesar Loma 4 T. A. Sims
Delilah Galvan 4 M. I. Logan
Orlando Inostroza 4 M. H. Moore
Abby Spencer 4 Alice Carlson
Samara Gonzalez 5 Dolores Huerta Elementary
Ruby Mendoza 3 Eastern Hills
Nayeli Garcia 3 Bonnie Brae
Disan Valles 4 Manuel Jara
Ismael Luna 3 Hubbard Heights
Rebecca Bordreaux 4 M. L. Phillips
Luis Angel Alvarado 4 Westcreek
Yesenia Barrientos 5 Diamond Hill
Jose Garcia 4 E. M. Daggett
Abigail Carrentero 4 South Hi Mount
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 12 of 28
2. Presentation of Proclamation of Motorcycle Safety and Awareness Month
Council Member Shingleton presented the Proclamation for Motorcycle Safety and Awareness
Month to Geoff “Aussie” Wills, President, Patriots Motorcycle Club, Riverside. He stated that
motorcycles were an important, energy-efficient means of transportation and a popular source of
recreation which many citizens were involved in today. He further stated that motorcyclists were
often unprotected and were more prone to injury or death in a crash than other vehicle drivers.
He also stated that motorcycle campaigns, through a comprehensive approach to motorcycle
safety, had helped inform riders and motorists alike on safety issues in an effort to reduce
motorcycle related-risks, injuries and fatalities. He pointed out that it was the responsibility of all
drivers to become aware of motorcyclists and regard them with the same respect as any other
vehicle traveling the highways of this country, just as it was the responsibility of riders and
motorists to obey all traffic laws and safety rules. He encouraged all residents to become aware
of the inherent danger involved in operating a motorcycle as well as for riders and motorists alike
to give each other the mutual respect they deserved.
Mr. Wills expressed appreciation to the Mayor and Council for the Proclamation and stated
promoting motorcycle safety and awareness was the main focus for the group.
Mayor Pro tem Zimmerman advised that MedStar was promoting motorcycle safety by issuing
decals that motorcyclists could wear on their helmets which advised medical staff of their contact
information and medical allergies in case of an emergency.
Council Member Jordan expressed appreciation to the motorcyclists who were currently serving
or had served in the military.
3. Certificate of Recognition of the Texas Christian University Rifle Team
Mayor Betsy Price presented a Certificate of Recognition to the Texas Christian University
(TCU) Rifle Team Coach and Members: Karen Monez, Head Coach and Sarah Beard, Mattie
Brogdon, Catherine Green, Sarah Scherer and Caitlin Morrissey, Team Members. She stated that
City of Fort Worth recognized the TCU Rifle Team on being named the 2012 National Rifle
Champions. She further stated that in March, the TCU Horned Frogs Rifle Team battled back
from a five-point deficit on day one of a two-day competition to earn their second National
Championship in three (3) years. She also advised that the five team members all received All-
America honors and became the first ever all-female National Rifle Championship winners in
NCAA history. She stated Fort Worth was honored and proud to have such an award-winning
team, athletes and university in the community.
Coach Monez expressed appreciation to the Mayor and Council for the Certificate of
Recognition and stated that TCU was very proud of their student athletes.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 13 of 28
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Council Member Jordan requested the City Council meeting be adjourned in memory of long
time resident Mr. John T. Bailey, who recently passed away. He also presented a Certificate of
Recognition to Mr. John W. “Billy” Rudd, Jr., Human Services Specialist, Police Department
and the Citizens on Patrol for their hard work and support of the South Division Community
Citizens Crime Fair.
Council Member Scarth wished his wife a happy birthday in advance of her birthday on
Thursday. He also expressed appreciation to everyone who attended the Economic Development
Summit to create a Strategic Economic Development Plan for east and northeast Fort Worth.
Council Member Burns announced that MayFest would be held May 3, 2012, through
May 6, 2012, and encouraged everyone to attend the events.
Council Member Hicks expressed appreciation to everyone who attended the District 8 events in
the last two weeks including, the revitalization and dedication of Cobb Park, the grand opening
of Fire Station 5 and the naming of the Serapio Herrera Soccer Field Complex.
Mayor Pro tem Zimmerman announced that MedStar continued to be a leader in the swift
transportation of patients in need of emergency care. He encouraged everyone to contact
MedStar for training in Cardio Cerebral Resuscitation(CCR) and other life saving techniques.
He also announced that the District 3 Quarterly Neighborhood Breakfast would be held on May
5, 2012, at 9:00 a.m. at the Cendera Center and requested that interested parties to RSVP to the
District 3 Office at 817-392-8803.
Council Member Jordan announced that a $415 million grant was awarded to the City by the
Federal Government for the I-35 project which was one third of the funding that was available
nationwide. He also announced that the Environmental Protection Agency had upgraded the
City’s air quality from serious to moderate.
2. Recognition of Citizens
There were no citizens recognized at this time.
XI. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 14 of 28
Mayor Price requested the Council’s consideration for the following appointments and
reappointments:
Appointments:
Mr. Carter Burdette, Place 1 – Ethics Review Committee, with a term expiring on
October 1, 2013.
Reappointments:
Ms. Margaret Johnson, Place 1 – Urban Design Commission, with a term expiring on
October 1, 2013.
Mr. Charles Rand, Place 1 – City Plan Commission, with a term expiring on
October 1, 2013.
Ms. Ann Zadeh, Place 1 – Zoning Commission, with a term expiring on October 1, 2013.
Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton,
that the individuals reflected above be appointed or reappointed to various boards
and commissions, effective May 1, 2012, with terms expiring October 1, 2013. The
motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent.
XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS,
COMMISSIONS AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communications from boards, commissions and/or city
council committees.
XIII. RESOLUTION
1. A Resolution Appointing One Member to the Board of Directors of Tax
Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas
(Lancaster Corridor TIF)
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that
Resolution No. 4086-05-2012 appointing Patti Gearhart-Turner to the Board of
Directors of Tax Increment Reinvestment Zone Number Eight, City of Fort Worth,
Texas (Lancaster Corridor TIF) effective May 1, 2012, be adopted, with a term
expiring on December 31, 2013. The motion carried unanimously 8 ayes to 0 nays,
with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 15 of 28
XIV. ZONING HEARING
The Notice of Special Hearing set today as the date for the hearing in connection with
recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the
hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper
of the City of Fort Worth, on April 13, 2012.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
1. ZC-12-027 - (CD 6) - SLF IV/Legacy Capital, Bounded by Summer Creek Drive,
Stewart Feltz Road, Granbury Road, and Risinger Road; from: "AR" One-
Family Restricted, "A-5" One-Family, "CR" Low Density Multifamily, "C"
Medium Density Multifamily, "D" High Density Multifamily, "E" Neighborhood
Commercial, "G" INtensive Commercial to: "A-5" One-Family, "CF"
Community Facilities, "C" Medium Density Multifamily, "D" High Density
Multifamily, "PD/D" Planned Development for all uses in "D" High Density
Multifamily with site plan required, "E" Neighborhood Commercial, "G"
Intensive Commercial. (Recommended for Denial without Prejudice)
Mr. Barry Hudson, representing the applicant, 3012 Gunnison Trail, completed a speaker card in
support of Zoning Docket No. ZC-12-027, but did not wish to address the Council.
Council Member Jordan advised that the applicant had requested this item be denied without
prejudice to allow for more discussion with the neighborhoods in the area.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC-12-027 be denied without prejudice. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Espino absent.
2. ZC-12-031 - (CD 6) - Hulen Street Baptist Church, 7100 S. Hulen Street; from:
"CF" Community Facilities to: "E" Neighborhood Commercial. (Recommended
for Approval)
Mr. Gordon Palis, 6662 Hillbriar Drive, 3012 Gunnison Trail, completed a speaker card in
support of Zoning Docket No. ZC-12-031, but did not wish to address the Council.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC-12-031 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Espino absent.
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MAY 1, 2012
Page 16 of 28
3. ZC-12-034 - (CD 2) - Richard G. Fagin Trust Et Al, 8501 Denton Highway; from:
"E" Neighborhood Commercial to: "PD/E" Planned Development for all uses in
"E" Neighborhood Commercial with building greater than 60,000 square feet
with car wash and fuel sales; site plan included. (Recommended for Approval)
Mr. John Rose, 4215 Walnut Hill, Dallas, Texas 75229, completed a speaker card in support of
Zoning Docket No. ZC-12-034, but did not wish to address the Council.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Zoning Docket No. ZC-12-034 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Espino absent.
4. ZC-12-035 - (CD 2) - Hillwood Alliance Residential, L. P., 4300 Block of Heritage
Trace Parkway and 9700 North Beach Street; from: "A-5" One-Family to "PD/A-
5" Planned Development for all uses in "A-5" One-Family with maximum lot
coverage of 56%; site plan waiver recommended. (Recommended for Approval)
Ms. Gena Terrell, 5751 Kroger Drive, Suite 185, submitted a comment card in support of Zoning
Docket No. ZC-12-035.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Zoning Docket No. ZC-12-035 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Espino absent.
5. ZC-12-036 - (CD 8) - City of Fort Worth Planning & Development, 3225
Hardeman Street; from: "B" Two-Family to: "A-5" One-Family. (Recommended
for Approval)
Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC-12-036 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Espino absent.
6. ZC-12-037 - (CD 8) - City of Fort Worth Planning & Development, 624 E.
Baltimore Avenue; from: "B" Two-Family to: "A-5" One-Family.
(Recommended for Approval)
Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC-12-037 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 17 of 28
There being no one else present desiring to be heard in connection with the recommended
changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases,
Council Member Hicks made a motion, seconded by Council Member Shingleton, that the
hearing be closed and that Ordinance No. 20190-05-2012 be adopted. The motion carried 8 ayes
to 0 nays, with Council Member Espino absent.
Council Member Hicks left her place at the dais at this time and did not return to the meeting.
XV. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General
1. M&C G-17568 - Adopt Ordinance Amending Section 23.8 "Noise" of Chapter 23,
"Miscellaneous Offenses" of the Code of the City of Fort Worth to Add Decibel
Levels, Add Definitions Related to Noise, Set Maximum Sound Levels Based on
Zoning Categories, Regulate Amplifiers in the Right-of-Way, and Restrict Animal
Noise. (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting)
The recommendation was that the City Council adopt an Ordinance amending Section 23.8
“Noise” of Chapter 23, “Miscellaneous Offenses” of the Code of the City of Fort Worth, to
amend the Noise Ordinance to add decibel levels; to add definitions related to noise; to set
maximum sound levels based on zoning categories; to regulate amplifiers in the right of way; to
restrict animal noise; and to allow exceptions.
Council Member Scarth requested Ms. Dana Burghdoff, Deputy Director, Planning and
Development Department, provide information relative to the amendments to the ordinance.
Ms. Burghdoff advised that Subsection (c)(1) and (c)(2) would be amended to exempt activities
originating in industrial zoning districts and to amend subsection (d)(2)e to change “daytime” to
“ nighttime”.
Council Member Burns requested clarification regarding the regulation of noise associated with
railroad yards.
Ms. Burghdoff clarified that the City was pre-empted from regulating noise generated by
railroads and rail operation related noise by federal regulations which have exclusive
jurisdiction.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G-17568.
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MAY 1, 2012
Page 18 of 28
Ms. Deborah Martinez, 1612 Elizabeth Boulevard
Mr. Robert Boures, 6329 Walraven Circle
Council Member Burns advised that he would be meeting with one of the companies that
offloaded the railcars to discuss how the company could reduce the noise and negative
interruptions around the rail yard when they offloaded goods. He invited Ms. Martinez to attend
the meeting to provide citizen input and offer suggestions.
Council Member Scarth clarified that if the level of ambient noise exceeded the prescribed level
in the ordinance then the noise level was measured from that point up. He also advised that the
Code Enforcement Officers would have sound meters and would be trained on the operation of
said meters. He also stated that sounds levels would be measured from the complainant’s
property line not at the originating noise site.
Council Member Jordan stated that he appreciated Mr. Bourses’ professionalism and was
intrigued by his comments. He advised that he would contact Mr. Boures to talk about his
concerns.
The following individuals submitted a comment card in support of Mayor and Council
Communication No. G-17568.
Ms. Libby Willis, representing The League of Neighborhoods, 2300 Primrose Avenue
Mr. Cy Francis, 2104 Bettibart
Ms. Jodi Saegesser, 10966 Castle Oak Lane, submitted a comment card in opposition to Mayor
and Council Communication No. 6-17568.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G-17568 be approved and Ordinance
No. 20191-05-2012 be adopted with the following amendments: Subsection (c)(1)
and (c)(2) be amended to exempt activities originating in industrial zoning districts
and to amend subsection (d)(2)e to change “daytime” to “nighttime”. The motion
carried unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks
absent.
2. M&C G-17583 - Approve Settlement in the Amount of $160,000.00 in a Lawsuit
Entitled Rene Samano v. Vincent C. Sancillo and the City of Fort Worth, Cause
No. 348-251728-11. (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council approve the settlement of the lawsuit entitled
Rene Samano v. Vincent C. Sancillo and the City of Fort Worth, Cause No. 348-251728-11;
authorize the payment of $160,000.00 to Rene Samano and his attorney Scott G. Robelen and the
law firm of Bailey & Galyen in full and final settlement of the referenced suit; and authorize the
appropriate City personnel to execute the releases and agreements necessary to complete the
settlement.
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MAY 1, 2012
Page 19 of 28
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G-17583 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks
absent.
3. M&C G-17584 - Ratify the Approval and Certification of Presbyterian Night
Shelter’s Application for Emergency Solutions Grants Program 2012 Funds from
the Texas Department of Housing and Community Affairs. (ALL COUNCIL
DISTRICTS)
The recommendation was that the City Council ratify the approval and certification of
Presbyterian Night Shelter's Application for Emergency Solutions Grants Program 2012 funds
from the Texas Department of Housing and Community Affairs.
Motion: Council Member Moss made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G-17584 be approved. The motion carried
unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks absent.
4. M&C G-17585 - Adopt Ordinance Amending Chapter 12.5, Environmental
Protection and Compliance of the City Code By Adding Article X, Grading
Permit, Sections 12.5-874 through 12.5-882 in Order to Regulate Land
Disturbance and Grading and Establish a Fee in the Amount of $50.00 for a
Grading Permit. (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council adopt an Ordinance amending the Code of the
City of Fort Worth, (1986), as amended, by amending Chapter 12.5, “Environmental Protection
and Compliance” by adding a new Article X entitled “Grading Permit”, Sections 12.5-874
through 12.5-882; adding regulations and a definition for land disturbance and requiring a
grading permit for land disturbances of 0.1 acre or more; and establish a fee in the amount of
$50.00 for each application for a Grading Permit.
It was the consensus of the City Council that Mayor and Council Communication No. G-17585
be continued until the May 15, 2012, Council meeting.
5. M&C G-17586 - Approve Parks and Community Services Department’s Fiscal
Year 2012 Gas Related Revenue Project Expenditure Plan in the Amount of
$2,491,107.49 and Adopt Appropriation Ordinances. (ALL COUNCIL
DISTRICTS)
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REGULAR CITY COUNCIL MEETING
MAY 1, 2012
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The recommendation was that the City Council approve the Parks and Community Services
Department's Fiscal Year 2012 Gas Related Revenue Project Expenditure Plan; adopt an
Appropriation Ordinance increasing the estimated receipts and appropriations in the Park Gas
Lease Project Fund in the amount of $2,491,107.49, from gas related revenue, for the purpose of
funding the Parks and Community Services Department’s Fiscal Year 2012 Gas Related
Revenue Project Expenditure Plan; authorize the transfer of $147,284.00 from the Park Gas
Lease Project Fund to the General Fund to offset costs associated with an update to the Aquatics
Master Plan in the amount of $24,980.00 and project oversight in the amount of $122,304.00 and
administration; and adopt an Appropriation Ordinance increasing the estimated receipts and
appropriations in the General Fund in the amount of $24,980.00, from available funds, for the
project.
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G-17586 be approved and Appropriation
Ordinance Nos. 20192-05-2012 and 20193-05-2012 be adopted. The motion carried
unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks absent.
6. M&C G-17587 - Conduct a Public Hearing and Adopt Ordinance Establishing
Standards of Care for Youth Programs in the Parks and Community Services
Department for 2012. (ALL COUNCIL DISTRICTS) (PUBLIC HEARING)
The recommendation was that the City Council conduct a public hearing and adopt an Ordinance
adopting the Standards of Care for 2012 for youth programs offered by the Parks and
Community Services Department.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
a. Report of City Staff
Mr. Andrew MacFarlane, District Superintendent, 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 Moss made a motion, seconded by Council Member Scarth, that
the public hearing be closed and that Mayor and Council Communication
No. G-17587 be approved and Ordinance No. 20194-05-2012 be adopted. The
motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and
Hicks absent.
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REGULAR CITY COUNCIL MEETING
MAY 1, 2012
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C. Purchase of Equipment, Materials, and Services - None
D. Land
1. M&C L-15358 - Authorize Rejection of Bid from Chesapeake Exploration, LLC,
for Natural Gas Drilling Under 32.4409 Acres, More or Less, of City Owned
Properties Known as Glenwood Park Located at 900 South Riverside Drive.
(COUNCIL DISTRICT 8)
The recommendation was that the City Council reject the bid from Chesapeake Exploration,
LLC, for natural gas drilling under 32.4409 acres, more or less, of City owned property known as
Glenwood Park; and authorize staff to re-advertise or negotiate a natural gas lease for the
property at a future time.
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 Shingleton made a motion, seconded by Council Member Burns,
that Mayor and Council Communication No. L-15358 be approved. The motion
carried 6 ayes to 0 nays, with 1 abstention by Council Member Jordan and Council
Members Espino and Hicks absent.
2. M&C L-15359 - Authorize Condemnation by Eminent Domain of a Fee Simple
Interest in 0.1239 Acres of an Improved Residential Lot for the Lebow Channel
Drainage Project Located at 3459 Lebow Street, and Owned by Juanita Macias
Lara. (COUNCIL DISTRICT 2)
The recommendation was that the City Council declare that negotiations between the City, its
agents, subagents and the landowner to acquire a combined total of approximately 0.1239 acre of
land owned by Juanita Macias Lara and known as 3459 Lebow Street, Block 17, Lot 12, of the
Dixie Wagon Mfg. Co Addition, City of Fort Worth, Tarrant County, Texas, were unsuccessful
because of the inability to reach an agreement to purchase; declare the necessity to take by
condemnation the subject property for the Lebow Channel Drainage Project; authorize the City
Attorney to institute condemnation proceedings to acquire fee simple interest in the surface
estate, but not the mineral estate of the property; authorize payment pursuant to an award of
commissioners; authorize the acceptance and recording of appropriate instruments; and authorize
payment of relocation expenses for occupants of residential and/or commercial properties
acquired though condemnation by eminent domain as required by Senate Bill 18.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 22 of 28
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. L-15359 be approved and that the Fort
Worth City Council authorize for the Lebow Channel Drainage Improvements
Project the use of the power of eminent domain to acquire a 0.1239 acre tract of
land for the Lebow Channel Drainage Improvements, Block 17, Lot 12, Dixie
Wagon Mfg. Co Addition, also known as 3459 Lebow Street, to alleviate flooding
in multiple neighborhoods on the north side of Fort Worth. The motion carried
unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks absent.
3. M&C L-15360 - Conduct a Public Hearing and Authorize Use of a Portion of
Harmon Field Park for Installation of an Eight Inch Natural Gas Pipeline, a 1,400
Square Foot Gas Valve Station and a 240 Square Foot Access Drive, Authorize
Execution of a License Agreement with Texas Midstream Gas Services, L.L.C., in
the Amount of $50,066.80, Accept a Donation from Texas Midstream in the
Amount of $18,000.00 and Authorize Execution of a Ninety Day Temporary
Access and Workspace Agreement with Texas Midstream in the Amount of
$118,231.37. (COUNCIL DISTRICT 8) (PUBLIC HEARING)
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 Harmon Field
Park for the location of the proposed natural gas pipeline, gas valve station and access drive; find
that the proposed natural gas pipeline, gas valve station and access drive include all reasonable
planning to minimize harm to the parkland, including that the proposed use will be constructed in
Harmon Field Park as specified; close the public hearing and authorize the use of approximately
0.209 acre of dedicated parkland of Harmon Field Park located at 1501 Martin Luther King
Freeway, east of North South Freeway SR NB, west of West Fork Trinity River, south of the
Trinity Railway Express RR, for the installation of an eight (8) inch natural gas pipeline, 1,400
square foot (35 feet by 40 feet) gas valve station and 240 square foot access drive; authorize the
execution of a license agreement with Texas Midstream Gas Services, L.L.C., for Harmon Field
Park in the amount of $50,066.80; accept donation of $18,000.00 from Texas Midstream Gas
Services, L.L.C., for future improvements at the park; and authorize the execution of a 90 day
temporary workspace and access agreement with Texas Midstream Gas Services, L.L.C., for
Harmon Field Park in the amount of $118,231.37 with proceeds dedicated to future
improvements at Harmon Field Park.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
Council Member Jordan advised that the City Attorney had confirmed that he would be able to
vote on this item because Texas Midstream Gas Services, LLC, and Chesapeake Energy
Corporation were two different companies.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 23 of 28
City Attorney Fullenwider confirmed that Council Member Jordan could vote on this item.
a. Report of City Staff
Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before
Council and provided a staff report.
b. Citizen Presentations
Mr. Kevin Strawser, applicant, 100 Energy Way, appeared before Council in support of Mayor
and Council Communication No. L-15360. (Provided PowerPoint presentation)
Ms. Sarah Walker, 2761 East 1st Street, submitted an “undecided” comment card relative to
Mayor and Council Communication No. L-15360.
c. Council Action
Council Member Burns made a motion, seconded by Council Member Shingleton, that the public
hearing be closed and that Mayor and Council Communication No. L-15360 be continued until
the May 8, 2012, Council meeting.
Council Member Burns advised that he would amend his motion to approve Mayor and Council
Communication No. L-15360.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton,
that the public hearing be closed and that Mayor and Council Communication No.
L-15360 be approved. The motion carried unanimously 7 ayes to 0 nays, with
Council Members Espino and Hicks absent.
E. Planning & Zoning - None
F. Award of Contract
1. M&C C-25573 - Conduct a Public Hearing and Authorize a Substantial
Amendment to the 2011-2012 Action Plan for the Use of $167,073.00 in
Emergency Solutions Grant Funds, Authorize Execution of Contracts with The
Salvation Army and the Tarrant County Homeless Coalition and Adopt
Appropriation Ordinance. (ALL COUNCIL DISTRICTS) (Continued from a
Previous Meeting) (PUBLIC HEARING)
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REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 24 of 28
The recommendation was that the City Council conduct a public hearing to allow citizen input
and consideration of a substantial amendment to the City's 2011-2012 Action Plan for use of
$167,073.00 in Emergency Solutions Grant funds from the United States Department of Housing
and Urban Development; authorize a substantial amendment to the City's 2011-2012 Action Plan
for submission to the United States Department of Housing and Urban Development including
allocations of Emergency Solutions Grant funds to The Salvation Army and the Tarrant County
Homeless Coalition for particular programs and activities; authorize the City Manager, or his
designee, to execute contracts with The Salvation Army for $141,165.65 and the Tarrant County
Homeless Coalition for $5,951.42, for one (1) year terms beginning on the date of contract
execution, contingent upon receipt of grant funding; authorize the City Manager, or his
designee, to extend the contracts for up to one (1) year if either The Salvation Army or the
Tarrant County Homeless Coalition requests an extension and such extension is necessary for
completion of the program or activity; authorize the City Manager, or his designee, to amend the
contracts, if necessary, to achieve program goals, provided any amendment is within the scope of
the program and in compliance with City policies and applicable laws and regulations governing
the use of federal grant funds; and adopt an Appropriation Ordinance increasing the estimated
receipts and appropriations in the Grants Fund in the amount of $167,073.00, subject to receipt
of the grant, for the purpose of funding agencies, programs and administration within the
Emergency Solutions Grant.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
a. Report of City Staff
Ms. Charletra Hurt, Senior Contract Compliance Specialist, Housing Economic Development
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 Moss made a motion, seconded by Council Member Burn, that the
public hearing be closed and that Mayor and Council Communication No. C-25573
be approved and Appropriation Ordinance No. 20195-05-2012 be adopted. The
motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and
Hicks absent.
CITY OF FORT WORTH, TEXAS
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MAY 1, 2012
Page 25 of 28
2. M&C C-25589 - Authorize Execution of a Public Right-of-Way Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate a Ten Inch Natural Gas Gathering Pipeline Across Stewart Feltz Road,
North of Fogata Lane, GP11-00042. (COUNCIL DISTRICT 6)
The recommendation was that the City Council authorize the execution of a public right-of-way
use agreement with Texas Midstream Gas Services, L.L.C., granting a license to construct and
operate a natural gas gathering pipeline across Stewart Feltz Road, north of Fogata Lane, for a
one time license fee of $1,645.60.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C-25589 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks
absent.
3. M&C C-25590 - Authorize Execution of a Public Right-of-Way Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate an Eight Inch Natural Gas Gathering Pipeline Across Lakeridge Road,
South of Emily Drive, GP11-00023 (COUNCIL DISTRICT 7)
The recommendation was that the City Council authorize the execution of a public right-of-way
use Agreement with Texas Midstream Gas Services, L.L.C., granting a license to construct and
operate a natural gas gathering pipeline across Lakeridge Road, south of Emily Drive, for a one
time license fee of $2,952.40.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. C-25590 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Council Members Espino and Hicks
absent.
4. M&C C-25591 - Authorize Execution of a Fifteen Year Economic Development
Program Agreement with Sundance Square or Any Affiliated Entity in the
Amount Not to Exceed $2,500,000.00 for the Construction of Three New Mixed
Use Buildings, the Reconditioning of Two Historic Buildings and the Construction
of a Central Plaza in Downtown Fort Worth and Authorize Waiver of Certain
Related Development Fees. (COUNCIL DISTRICT 9)
The recommendation was that the City Council authorize the City Manager to execute a 15 year
Economic Development Program Agreement with Sundance Square or any affiliated entity in the
amount not to exceed $2,500,000.00, as authorized by Chapter 380, Texas Local Government
Code, conditioned on the construction of three (3) new mixed use buildings, the reconditioning
of two (2) historic buildings and the construction of a central plaza in the Sundance Square area
of downtown Fort Worth; and authorize the waiver of certain related development fees.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 26 of 28
Mayor Price advised she 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 Moss, that
Mayor and Council Communication No. C-25591 be approved. The motion carried
6 ayes to 0 nays, with 1 abstention by Mayor Price and Council Members Espino
and Hicks absent.
5. M&C C-25592 - Authorize Execution of an Interlocal Agreement with Tarrant
County in the Amount of $1,134,610.00 for Reconstruction of Westport Parkway,
Keller Haslet Road, Ray White Extension, Avondale Haslet Road, Timberland
Boulevard, Caylor Road North, Caylor Road West and Old Denton Road with
City of Fort Worth Participation. (COUNCIL DISTRICT 2)
The recommendation was that the City Council authorize the execution of an Interlocal
Agreement with Tarrant County for reconstruction of Westport Parkway, Keller Haslet Road,
Ray White Extension, Avondale Haslet Road, Timberland Boulevard, Caylor Road North,
Caylor Road West and Old Denton Road with City of Fort Worth participation in the amount of
$1,134,610.00, which includes furnishing all necessary materials, traffic control and other
incidentals.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C-25592 be approved with
appreciation to staff and Tarrant County. The motion carried unanimously 7 ayes to
0 nays, with Council Members Espino and Hicks absent.
6. M&C C-25593 - Authorize Execution of an Interlocal Agreement Between
Tarrant County College District, Fort Worth Independent School District and the
City of Fort Worth for a Fire Technology Education Initiative. (COUNCIL
DISTRICTS 4 and 7)
The recommendation was that the City Council authorize the execution of an Interlocal
Agreement between Tarrant County College District, Fort Worth Independent School District
and the City of Fort Worth for initiative to provide Dual Credit classes in Fire Technology
towards the Basic Firefighter certification for high school students.
Council Member Scarth expressed appreciation to the Fort Worth Independent School District
and the Fort Worth Fire Department for working together on this education initiative.
Council Member Moss advised he had filed a Conflict of Interest Affidavit with the City
Secretary’s Office and would abstain from voting on this item.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 27 of 28
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman, that Mayor and Council Communication No. C-25593 be approved.
The motion carried 6 ayes to 0 nays, with 1 abstention by Council Member Moss
and Council Members Espino and Hicks absent.
XVI. PRESENTATIONS BY THE CITY SECRETARY - NON-CONSENT ITEM
1. OCS - 1850 - Consideration of Joint Election Agreement and Contract Between
Tarrant County Elections Administrator and City of Fort Worth for Election
Services for the Special Election to be Held on May 12, 2012, for the Purpose of
Electing a Council Member for City Council District 8 to Serve the Remainder of
an Unexpired Term at an Estimated Cost of $110,303.00 and Adopt a
Supplemental Appropriation Ordinance Increasing Appropriations in the Non-
Departmental Budget of the General Fund in the Amount of $110,303.00.
The recommendation was that the City Council approve the Joint Election Agreement and
Contract between Tarrant County Election Administrator and the City of Fort Worth, for election
services for the Special Election to be held on Saturday, May 12, 2012, at an estimated cost of
$110,303.00; and adopt a Supplemental Appropriation Ordinance increasing the estimated
receipts and appropriations in the General Fund, in the amount of $110,303.00, from available
funds, for the purpose of the Joint Election Agreement and Contract between Tarrant County
Election Administrator and the City of Fort Worth, for election services for the Special Election
to elect a Council Member for City Council District 8.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that OCS-1850 be approved and Supplemental Appropriation Ordinance No. 20196
be adopted. The motion carried unanimously 7 ayes to 0 nays, with Council
Members Espino and Hicks absent.
XVII. CITIZEN PRESENTATIONS
Ms. Tara Love, 5709 Richardson Street, appeared before Council relative to the need for speed
bumps and speed limit signs on Richardson Street.
Council Member Moss stated that speed humps were no longer an allowable traffic calming
device. He stated that he had concerns about how to control traffic and speed in District 5 and in
other parts of the City. He requested that City Manager direct the Transportation and Public
Works Department formulate a plan to control the high traffic/high speed areas.
Ms. Love was referred to Mr. Doug Wiersig, Director, Transportation and Public Works
Department, for resolution.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 1, 2012
Page 28 of 28
Mr. Brian Brown, 2005 Montclair Drive, appeared before Council relative to licensing and
visible identification of lawn mowing companies in private neighborhoods.
Mr. Ron Sturgeon, 870 Blue Mound Road West, appeared before Council relative to noise
pollution in regards to gas well drilling. (provided handout)
Mr. Sturgeon was referred to Mr. Randle Harwood, Director, Planning and Development
Department, for resolution.
Ms. Joan Crownover, 1041 East Robert Street, appeared before Council relative to high grass
and weeds near her property and requested the City keep the lot mowed due to safety issues.
Ms. Crownover was referred to Mr. Brandon Bennett, Director, Code Compliance Department,
for resolution.
XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
XIX. ADJOURNMENT
There being no further business, Mayor Price adjourned the regular meeting at 8:36 p.m. in
memory of Mr. John T. Bailey, long time resident, business owner and volunteer who passed
away on April 27, 2012.
These minutes approved by the Fort Worth City Council on the 8th day of May, 2012.
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'Attest: Appr• ' -
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Mar J. yse Betsy P:
City Secretary Ma •