HomeMy WebLinkAbout2012/04/17-Minutes-City Council
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Present:
Mayor Betsy Price
Mayor Pro tem W.B. “Zim” Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Absent:
Council Member Dennis Shingleton, District 7
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Mary J. Kayser, City Secretary
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 10:14 a.m., on Tuesday, April 17, 2012, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102, with Council Member Shingleton absent.
II. INVOCATION - Pastor Douglas Brown, Great Commission Baptist Church
The invocation was provided by Pastor Douglas Brown, Great Commission Baptist Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL10,
2012
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 2 of 20
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman,
that the Minutes of the regular meeting of April 10, 2012, be approved. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items to be withdrawn from the Consent Agenda.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items to be continued or withdrawn by staff.
VII. CONSENT AGENDA
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
the Consent Agenda be approved. The motion carried unanimously 8 ayes to 0
nays, with Council Member Shingleton absent.
A. General - Consent Items
1. M&C G-17570 - Authorize Execution of a Settlement Agreement and Mutual
Release Regarding Claim Filed by RKM Utility Service, Inc., Concerning Water
and Sewer Replacement Contract. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize execution of a Settlement
Agreement and Mutual Release with RKM Utility Service, Inc., in the amount of $35,169.74 for
a claim arising out of Water and Sewer Replacement Contract 2005, STM-M.
2. M&C G-17571 - Adopt Ordinance Amending the Project and Financing Plan for
Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas,
Downtown TIF and Adopt Ordinance to Authorize TIF Funding for the
Development of Affordable Housing in Downtown Fort Worth. (COUNCIL
DISTRICTS 2 and 9)
The City Council approved the following recommendation: Adopt Ordinance No.
20169-04-2012 amending the Project and Financing Plan for Tax Increment Reinvestment Zone
Number Three, City of Fort Worth, Texas, Downtown TIF and authorizing TIF funding for the
development of affordable housing in downtown Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
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3. M&C G-17572 - Authorize Mid-Year Budget Adjustments in the Crime Control
and Prevention District Fund to Approve Moving Two Positions from the Zero
Tolerance Program to the Neighborhood Patrol Officer Program, Approve a
Change in Program Scope to the Zero Tolerance Program to Include Eight
Positions Dedicated to S.W.A.T., Approve a Change in Program Scope to the
Officer Recruitment Program to Include the Explorer Program, Decrease Zero
Tolerance Program Funding and Increase Neighborhood Patrol Officer Program
Funding and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Approve moving two positions for
Fiscal Year 2012 from the Zero Tolerance Program to the Neighborhood Patrol Officer Program;
approve a change in program scope to the Zero Tolerance Program to include eight positions
dedicated to S.W.A.T.; approve a change in scope to the Officer Recruitment Program to include
the Explorer Program; and adopt Ordinance No. 20170-04-2012 increasing the estimated receipts
and appropriations in the Neighborhood Patrol Officer Program of the Crime Control and
Prevention District Fund, in the amount of $192,853.54, from available funds, in the Zero
Tolerance Program of the same fund, for the purpose of funding two positions within the
Neighborhood Officer Program.
4. M&C G-17573 - Approve the Continuation of the Cold Case Program in the Fort
Worth Police Department, Adopt Supplemental Appropriation Ordinance in the
General Fund and Decrease the Unaudited, Unreserved, Undesignated Fund
Balance in the Amount of $201,744.27. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Approve the continuation of the Cold
Case Program as part of the Police Department's General Fund Budget; and adopt Supplemental
Appropriation Ordinance No. 20171-04-2012 increasing the estimated receipts and
appropriations in the General Fund in the amount of $201,744.27, and decreasing the unaudited,
unreserved, undesignated fund balance by the same amount, for the purpose of funding staff,
investigative, and DNA outsourcing cost for the Cold Case Program.
5. M&C G-17574 - Appoint Sky Williams as Substitute Hearing Officer for the
Municipal Court Services Department. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Appoint Sky Williams as substitute
Hearing Officer for the Municipal Court Services Department, for a two year term.
B. Purchase of Equipment, Materials, and Services - Consent Items
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
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1. M&C P-11377 - Authorize Non-Exclusive Annual Purchase Agreements with
Metroplex Service Welding Supply, Inc., and Praxair Distribution, Inc., for
Industrial, Compressed and Medical Gases for City Departments for a Combined
Total Amount of $85,000.00 for the First Year. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize non-exclusive annual
purchase agreements with Metroplex Service Welding Supply, Inc., and Praxair Distribution,
Inc., for industrial, compressed and medical gases for City departments for a combined total
amount of $85,000.00 for the first year.
2. M&C P-11378 - Authorize Multi Year Purchase Agreement for a Comprehensive
Preventive Maintenance Plan with Johnson Controls, Inc., Using Cooperative
Contract for the Public Events Department in the Amount of $97,340.00.
(COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize a multi-year purchase
agreement for a comprehensive preventive maintenance plan with Johnson Controls, Inc., using a
Texas Multiple Award Schedule Cooperative Contract No. TxMAS 5-03FAC020 (GSA Contract
No. GS-06F-0060P) for the Public Events Department in the amount of $97,340.00.
C. Land - Consent Items
1. M&C L-15350 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres of
an Improved Lot for the East Como Channel Improvements Project Located at
5125 Helmick Avenue from John D. Hobbs in the Amount of $13,000.00 and Pay
the Estimated Closing Costs Up to $2,000.00 for a Total Cost of $15,000.00 and
Authorize Payment of Relocation Assistance in an Amount Up to $50,000.00.
(COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize the acquisition of a fee
simple interest in a 0.143 acre improved lot located at 5125 Helmick Avenue, Fort Worth, Texas,
described as Lots 13 and 14, Block 132, Chamberlain Arlington Heights, 2nd Addition, from
John D. Hobbs; find that the total purchase price in the amount of $13,000.00 is just
compensation; authorize acceptance of the conveyances, the recording of the appropriate
instruments and payment of the estimated closing costs in the amount up to $2,000.00; and
authorize the payment of relocation assistance of up to $50,000.00.
2. M&C L-15351 - Authorize Acquisition of a Fee Simple Interest in 0.184 Acres of
an Improved Lot for the Central Arlington Heights Drainage Improvements
Project Located at 2305 Carleton Avenue from Douglas and Dawn Robertson in
the Amount of $200,000.00 and Pay the Estimated Closing Costs Up to $5,000.00
for a Total Cost of $205,000.00 and Authorize Payment of Relocation Assistance
in the Amount of $1,200.00. (COUNCIL DISTRICT 7)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
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The City Council approved the following recommendation: Authorize acquisition of a fee simple
interest in a 0.184 acre improved lot located at 2305 Carleton Avenue, Fort Worth, Texas,
described as Lot 24, Block 11, Hillcrest Addition, from Douglas and Dawn Robertson; find that
the total purchase price in the amount of $200,000.00 is just compensation; authorize acceptance
of the conveyances, the recording of the appropriate instruments and payment of the estimated
closing costs up to $5,000.00; and authorize the payment of relocation assistance in the amount
of $1,200.00.
3. M&C L-15352 - Authorize the Sale of a City Fee-Owned Property Located at
8100 Woodvale Road to William Sims in the Amount of $40,000.00. (COUNCIL
DISTRICT 7)
The City Council approved the following recommendation: Authorize the sale of a City fee-
owned property located at 8100 Woodvale Road, described as Lot 24, Block 6, Lake Worth
Leases to the current lessee, William Sims, for the fair market value in the amount of
$40,000.00, pursuant to Texas Local Government Code Section 272.001(h); and authorize the
execution and recording of the appropriate instruments conveying the property to complete the
sale.
D. Planning & Zoning - Consent Items - None
E. Award of Contract - Consent Items
1. M&C C-25558 - Authorize Execution of a Work Order with Job Order
Contractor, Yeargan Construction Company, LLC, The Mark IV Construction
Group, LLC, in the Amount of $87,735.64 Plus $24,264.36 for Contingency and
Staff Administration to Renovate a Concession Stand at the Fort Worth
Convention Center. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize the execution of a work
order with Job Order Contractor, Yeargan Construction Company, LLC, The Mark IV
Construction Group, LLC, in the amount of $87,735.64 plus $24,264.36 for contingency and
staff administration to renovate a concession stand at the Fort Worth Convention Center.
2. M&C C-25559 - Adopt Resolutions Authorizing Execution of Agreements with
the Texas Department of Transportation for Construction, Maintenance and
Operation of Continuous Lighting System Along N.E. 28th Street (State Highway
183) from Commerce Street to Nichols Street and Along the Weatherford Street
Bridge (State Highway Spur 347) Over the Union Pacific Railroad. (COUNCIL
DISTRICTS 2 and 4)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 6 of 20
The City Council approved the following recommendation: Adopt Resolution No. 4081-04-2012
authorizing execution of an agreement with the Texas Department of Transportation (TxDOT)
for construction, maintenance and operation of continuous lighting system along N. E. 28th
Street (State Highway 183) from Commerce Street to Nichols Street; adopt Resolution No.
4082-04-2012 authorizing execution of an agreement with TxDOT for construction, maintenance
and operation of continuous lighting system along the Weatherford Street Bridge (State Highway
Spur 347) over the Union Pacific Railroad, with two annual renewals subject to appropriation by
the City Council for each fiscal year in which a renewal term occurs.
3. M&C C-25560 - Authorize Execution of a Memorandum of Understanding with
the United States Marshals Service for the Purpose of Receiving Reimbursable
Costs in the Amount of $2,025.00 for Vehicle Fuel and in the Amount of
$15,000.00 in Overtime Funds for the Police Department’s Fugitive Unit to
Participate in the United States Marshals Service North Texas Fugitive Task
Force and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of a
Memorandum of Understanding with the United States Marshals Service for the purpose of
receiving reimbursable funds in the amount of $2,025.00 for vehicle fuel and funds in the
amount of $15,000.00 in overtime costs for the Fugitive Unit's participation in the United States
Marshals Service North Texas Fugitive Task Force; and adopt Appropriation Ordinance No.
20172-04-2012 increasing the estimated receipts and appropriations in the Grants Fund, in the
amount of $17,025.00, upon execution of the Memorandum of Understanding, for the purpose of
receiving the funds.
4. M&C C-25561 - Authorize Execution of a Landlord’s Waiver and Consent
Agreement with Leading Edge Completions, LLC, and FS Investment
Corporation for Lease Site 39N at Fort Worth Meacham International Airport.
(COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize execution of a Landlord's
Waiver and Consent Agreement with Leading Edge Completions, LLC, and FS Investment
Corporation for Lease Site 39N at Fort Worth Meacham International Airport.
5. M&C C-25562 - Authorize a Five Year Contract in the Amount of $65,000.00 with
O.R. Colan for Land Acquisition Consulting Services for Fort Worth Alliance
Airport Noise Compatibility Program. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize a five (5) year contract in
the amount of $65,000.00 with O.R. Colan for land acquisition consulting services related to
acquisitions for the Fort Worth Alliance Airport Noise Compatibility Program.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
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6. M&C C-25563 - Authorize Execution of an Agreement with Freese and Nichols,
Inc., to Update the Water and Wastewater Land Use Assumptions and Capital
Improvements Plan for a Fee Not to Exceed $175,018.00 and Adopt
Appropriation Ordinances. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20173-04-2012 increasing the estimated receipts and appropriations in the Water Capital Projects
Fund in the amount of $87,509.00, from available funds, for the purpose of executing an
Engineering Agreement with Freese and Nichols for updating the Water and Wastewater Land
Use Assumptions and Capital Improvements Plan City-wide; adopt Appropriation Ordinance No.
20174-04-2012 increasing the estimated receipts and appropriations in the Sewer Capital
Projects Fund in the amount of $87,509.00, from available funds, for the same purpose as above;
authorize the transfer of $87,509.00 from the Water Capital Projects Fund and $87,509.00 from
the Sewer Capital Projects Fund to the Water and Sewer Fund; adopt Supplemental
Appropriation Ordinance No. 20175-04-2012 increasing the estimated receipts and
appropriations in the Water and Sewer Fund in the amount of $175,018.00, from available funds,
for the purpose of executing the Engineering Agreement with Freese and Nichols; and authorize
the execution of the agreement with Freese and Nichols, Inc., in an amount not to exceed
$175,018.00 to update the Water and Wastewater Land Use Assumptions and Capital
Improvements Plan for the purpose of revising the impact fee assessed for water and wastewater
in accordance with Chapter 395 of the Texas Local Government Code.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1848 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of Grant Check by U.S. Department of Housing and Urban
Development
Mr. Jay Chapa, Director, Housing and Economic Development Department, introduced Mr. Jon
L. Gant, Director, Office of Healthy Homes and Lead Hazard Control, U.S. Department of
Housing and Urban Development (HUD), and advised that Mr. Gant would present the Mayor
and Council with a $3 million dollar grant check from HUD. He advised that the City of Fort
Worth was the only city in the six state area to receive the grant funds. He also expressed
appreciation to the Housing and Economic Development staff for their hard work on the grant
application.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 8 of 20
Mr. Gant presented the Mayor and Council with a commemorative $3 million dollar grant check
from the Office of Healthy Homes and Lead Hazard Control, which was composed of public
health professionals and scientists working to ensure that America’s children grow up in healthy
and safe homes free from hazardous substances that cause preventable diseases.
Mayor Price expressed appreciation to HUD for the grant funds and to the City staff for their
work on the grant application. She stated the funds would go a long way in helping improve the
health of the community.
2. Presentation on 40th Anniversary of Mayfest, Inc.
Ms. Elizabeth Basham, Mayfest, Inc., presented a brief PowerPoint presentation to the Mayor
and Council and advised that this year marked the 40th anniversary of Mayfest, Inc. She stated
that Mayfest, Inc., was honored to be a part of the greater Fort Worth community relative to
family entertainment as well as with financial support. She pointed out that since 1973, Mayfest,
Inc., had returned over $6,000,000 to the community. She stated that this year Mayfest, Inc.,
would be held May 3 through May 6, 2012, and encouraged everyone to attend.
3. Certificate of Recognition of Lockheed Martin's 70th Year Anniversary
Council Member Zimmerman presented a Certificate of Recognition of Lockheed Martin's 70th
Anniversary to Mr. Joe Stout, Director of Communications, Lockheed Martin. He stated that the
City of Fort Worth recognized Lockheed Martin and its predecessor companies in celebration of
their 70th anniversary of operation in Fort Worth. He further stated that for the past seven
decades, Lockheed Martin, one of the world's largest defense contractors, had been committed to
supporting the defense of the United States and the allied nations of the free world. He pointed
out that since 1942, Lockheed Martin had provided employment for more than 250,000 residents
of Fort Worth and the surrounding communities. He advised that the total economic, social and
cultural benefits of Lockheed Martin’s presence in our community had been essential to the
growth and prosperity of Fort Worth. He also advised that through their employees, Lockheed
Martin had designed, produced and supported outstanding aircraft that established new trends
and standards in the field of aviation technology as well as contributed to our national defense.
He added that accomplishments like these went a long way in strengthening Fort Worth’s
reputation as an All-America City and ensured that the City was recognized as one of the best
places to live and work.
Mr. Stout expressed appreciation to the Mayor and Council for the Certificate of Recognition
and for the great support of the community. He stated that the company is committed to
continuing operations in the community and providing jobs and a great economic impact.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
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4. Certificate of Recognition of Billy Bob's Texas
Mayor Price presented a Certificate of Recognition to Billy Bob's Texas to Pam Minick and
Concho Minick, President, Billy Bob’s Texas. She stated that the City of Fort Worth recognized
and congratulated Billy Bob’s Texas on being named the Academy of Country Music’s
Nightclub of the Year for the ninth time. She further added that Billy Bob's Texas, originally
built in 1910 as a cattle barn in the historic Stockyards, was an invaluable landmark and
attraction for Fort Worth residents as well as visitors from around the world. She stated that Billy
Bob’s was known internationally as the World's Largest Honky-Tonk, and played an important
role in protecting and preserving our city's economy and western heritage. She also advised that
over the last three decades, Billy Bob's had hosted thousands of the greatest names in country
music including Clint Black, Garth Brooks, Waylon Jennings, Willie Nelson, LeAnn Rimes and
Hank Williams, Jr. She further advised that since opening its doors in 1981, Billy Bob's Texas
had made exceptional contributions to the quality of life for the residents of Cowtown and added
the City was proud to have them as part of its Fort Worth family.
Mr. Minick expressed appreciation to the Mayor and Council for the Certificate of Recognition.
Council Member Espino expressed appreciation to Billy Bob’s Texas for their support of the
Directions Home Program and their positive work in the community.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Council Member Burns announced that the 5th Project Homeless Connect event would be held
on April 19, 2012, from 9:00 a.m. to 1:00 p.m., at the First Presbyterian Church located
downtown. He stated the event would provide on-the-spot medical and social services to Fort
Worth residents who were living in emergency shelters or on the street. He advised the first 400
individuals would receive a free survival backpack. He also announced that the Main Street Fort
Worth Arts Festival would be held April 19 through April 22, 2012, and encouraged everyone to
attend the nationally recognized art event. He stated for more information to visit
www.mainstreetartsfest.org.
Council Member Moss expressed appreciation to the City staff and citizens who attended the
Plaza Circle Walking Trail Dedication and the future site of a community public art ID. He
stated this was a true example of community partnership between Tarrant County, the City and
the neighborhoods.
Council Member Jordan announced that the District 6 Family Day would be held on
April 28, 2012, from 10:00 a.m. to 2:00 p.m., at 7440 McCart. He stated that 100 businesses and
City services would be participating and encouraged everyone to attend the family event.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 10 of 20
Council Member Scarth announced that an Economic Development Summit to create a Strategic
Economic Development Plan for east and northeast Fort Worth would be held April 27, 2012,
from 8:00 a.m. to 1:00 p.m. at the Coors Hospitality Room, located on Meacham Boulevard.
Council Member Hicks expressed appreciation to everyone who attended the grand opening of
the East Lancaster Police Department Storefront and added that this location would be a great
addition to the community. She announced that the Cobb Park Dedication would be held on
April 21, 2012, at 10:00 a.m. She announced that the Open House and Grand Opening for Fire
Station Number 5 would be held on April 28, 2012, from 10:00 a.m. to 2:00 p.m. and encouraged
everyone to attend. She also announced that the dedication of the Serapio Herrera Soccer Field
Complex, located at 1501 MLK Freeway, would be held on April 29, 2012, at 10:00 a.m.
Mayor Pro tem Zimmerman announced that he represented the Mayor and Council during Earth
Week. He advised that Earth Day was April 22, 2012, and encouraged everyone to participate in
Earth Week events.
Mayor Price reminded everyone to wear green on Fridays to support a green community and a
green earth.
Council Member Espino expressed appreciation to everyone who attended the All Saints
Catholic School Banquet and pointed out that the support provided to center city parishes and
schools by the Catholic Diocese was impressive. He also expressed appreciation to everyone
who attended the races at Texas Motor Speedway this past weekend. He announced that the Dia
del Nina (Day of the Children) would be held on April 28, 2012, from 11:00 a.m. to 2:00 p.m.
He also expressed appreciation to Council Member Hicks and the Parks and Community
Services Department staff for their hard work and support in renaming Harmon Field to the
Serapio Herrera Soccer Complex.
Mayor Price announced that on April 21, 2012, the Zoo Run would be held at 7:00 a.m. and the
March of Dimes March for Babies would be held at 9:00 a.m. at Trinity Park. She encouraged
everyone to attend the events and to stay active.
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
APRIL 17, 2012
Page 11 of 20
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that
the following individuals be appointed or reappointed to various boards and
commissions, effective April 17, 2012, with terms expiring as reflected below. The
motion carried unanimously 8 ayes to 0 nays, with Council Member Shingleton
absent.
Appointments:
Ms. Rachel Keith, Place 1 – Fort Worth Commission for Women, with a term expiring on
October 1, 2013.
Mr. Trey Harris, Place 1 – Appeals Board, with a term expiring on September 30, 2013.
Mr. Dan Moore, Place 1 – Board of Adjustment – Commerical and Fort Worth Alliance
Airport Board of Adjustment, with a term expiring on October 1, 2013.
Reappointments:
Ms. Sheila Hill, Place 1 – Parks and Community Services Advisory Board, with a term
expiring on October 1, 2013.
Mr. Gannon Gries, Place 1 – Historical and Cultural Landmarks Commission, with a term
expiring on October 1, 2013.
Mr. Jerome Strysky, Place 1 – Library Board, with a term expiring on October 1, 2013.
Mr. Bill Miller, Place 1 – Building Standards Commission, with a term expiring on
September 30, 2013.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that the following individuals be appointed to various boards and commissions,
effective April 17, 2012, with terms expiring as reflected below. The motion carried
unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
Ms. Brenda Silcox, Place 1- Animal Shelter Advisory Committee, with a term expiring
on October 1, 2013.
Ms. Chun Mezger, Place 5 - Animal Shelter Advisory Committee, with a term expiring
on October 1, 2013.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
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Mr. Burt Brinegar, representing UNT Health Science Center, Place 4 – Mayor’s
Committee on Persons with Disabilities, with a term expiring on October 1, 2012.
Ms. Donna Dempsey, representing Easter Seals of North Texas, Place 5 – Mayor’s
Committee on Persons with Disabilities, with a term expiring on October 1, 2013.
Ms. Patricia Cheong be appointed to Place No. 19 on the Fort Worth Commission for
Women, effective April 17, 2012, with a term expiring on October 1, 2013
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 Reappointing and Appointing the following Members to the
Minority and Women Business Enterprise Advisory Committee, effective
May 1, 2012, and with terms expiring April 30, 2014:
Reappointments:
Mr. Ramon Guajardo, Place 1
Mr. William Giron, Place 2
Mr. David Berzina, Place 3
Ms. Glenda Thompson, Place 4
Ms. Christine Chapman, Place 6
Ms. Veronica Chavez Law, Place 9
Appointments:
Mr. Darryl Johnson, Place 5
Ms. Rachael Carranza, Place 7
Ms. Robyne Kelly, Place 8
Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that
Resolution No. 4083-04-2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Council Member Shingleton absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 13 of 20
XIV. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General - None
C. Purchase of Equipment, Materials, and Services - None
D. Land
1. M&C L-15353 - Authorize Condemnation by Eminent Domain of a Fee Simple
Interest in 0.002 Acres of Land for Right-of-Way and a Temporary Easement for
Construction in 0.064 Acres of Land Owned by John R. Henson and Andrea
Henson Located in Abstract 942, Tract 7C, John Lynch Survey, Also Known as
4312 East First Street for the Widening of East First Street from Beach Street to
Oakland Boulevard. (COUNCIL DISTRICT 4)
The recommendation was that the City Council declare that negotiations between the City and
John R. Henson and Andrea Henson, to acquire a fee simple interest in 0.002 acre of land needed
for right-of-way and a temporary easement interest in 0.064 acre for construction, located at
4312 East First Street, described as Abstract 942, Tract 7C, John Lynch Survey for widening of
East First Street from Beach Street to Oakland Boulevard, City of Fort Worth, Tarrant County,
Texas were unsuccessful due to owners' refusal to convey the needed interest in the land; declare
the necessity to acquire fee simple interest and temporary easement interest in the subject
property by means of condemnation by eminent domain for the widening of East First Street;
authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire
the needed fee and easement interests in the property; and authorize the acceptance and recording
of appropriate instruments.
Motion: Council Member Scarth made a motion, seconded by Council Member Hicks that,
Mayor and Council Communication No. L-15353 be approved and that the Fort
Worth City Council authorize the use of the power of eminent domain to acquire a
0.002 acre tract of land for rights-of-way acquisition and a 0.064 acre tract of land
for a temporary construction easement out of Abstract 942, Tract 7C, John Lynch
Survey, also known as 4312 East First Street to be used for widening East First
Street from Beach Street to Oakland Boulevard, City of Fort Worth, Tarrant
County, Texas. The motion carried unanimously 8 ayes to 0 nays, with Council
Member Shingleton absent.
E. Planning & Zoning - None
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 14 of 20
F. Award of Contract
1. M&C C-25564 - Authorize Execution of a Community Facilities Agreement with
Legacy Capital Company in the Amount of $6,573,880.66 for Pavement,
Sidewalks, Water, Street Lights and Drainage Improvements for Summer Creek
Drive and McPherson Boulevard, Authorize Execution of an Interlocal
Agreement with Tarrant County in the Amount of $500,000.00 and Adopt
Appropriation Ordinances. (COUNCIL DISTRICT 6)
The recommendation was that the City Council authorize the City Manager to execute an
Interlocal Agreement with Tarrant County in the amount of $500,000.00 to partner in funding the
construction of Summer Creek Drive and McPherson Boulevard; adopt an Appropriation
Ordinance increasing the estimated receipts and appropriations in the New Development Fund in
the amount of $500,000.00, from available funds, for the purpose of pavement, sidewalks, water,
street lights and drainage improvements for Summer Creek Drive and McPherson Boulevard;
adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the
Transportation Impact Fund in the amount of $676,426.00, from available funds, for the purpose
of the improvements; and authorize execution of a Community Facilities Agreement with Legacy
Capital Company in the amount of $6,573,880.66 for the project, including a roundabout at
Summer Creek Drive and McPherson Boulevard, water and sanitary sewer main improvement,
and landscaping and irrigation system.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C-25564 be approved and
Appropriation Ordinance Nos. 20176-04-2012 and 20177-94-2012 be adopted. The
motion carried unanimously 8 ayes to 0 nays, with Council Member Shingleton
absent.
2. M&C C-25565 - Authorize Execution of a Contract with Cutler Repaving, Inc., in
the Amount of $1,110,648.65 for Hot Mix Asphaltic Concrete Hot-In-Place
Recycling at Various Locations. (COUNCIL DISTRICTS 2, 3, 6, 7, 8 and 9)
The recommendation was that the City Council authorize the execution of a contract with Cutler
Repaving, Inc., in the amount of $1,110,648.65 for 90 calendar days for Hot Mix Asphaltic
Concrete Hot-In-Place Recycling 2012-1 at various locations.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns,
that Mayor and Council Communication No. C-25565 be approved. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
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3. M&C C-25566 - Authorize Execution of a Contract with Cutler Repaving, Inc., in
the Amount of $1,110,038.90 for Hot Mix Asphaltic Concrete Hot-In-Place
Recycling at Various Locations in and Near the Woodhaven Neighborhood.
(COUNCIL DISTRICT 4)
The recommendation was that the City Council authorize the execution of a contract with Cutler
Repaving, Inc., in the amount of $1,110,038.90 for Hot Mix Asphaltic Concrete Hot-In-Place
Recycling 2012-2 at various locations in and near the Woodhaven Neighborhood.
Motion: Council Member Scarth made a motion, seconded by Council Member Hicks, that
Mayor and Council Communication No. C-25566 be approved. The motion carried
unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
4. M&C C-25567 - Amend M&C C-25480 to Increase the Amount of Land Credits
Used for the City’s In-Kind Local Grant Match from Five Percent to Ten Percent
of the $1,333,333.33 Project Cost, if Awarded a Grant from the Federal Aviation
Administration to Design and Construct Airfield Perimeter Fence Rehabilitation
and Closed Circuit Television Security Improvements, Automated Surface
Observing System Relocation, Airport Rescue and Firefighting Tower Emergency
Telephone, Pavement Joint Rehabilitation on Runways, Taxiways and Aprons,
Conduct a Wildlife Hazard Assessment for Fort Worth Alliance Airport and
Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2)
The recommendation was that the City Council amend Mayor and Council Communication No.
C-25480 to increase the amount of land credits used for the City’s local in-kind grant match from
five percent to ten percent of the $1,333,333.33 project cost, if awarded a grant from the Federal
Aviation Administration to design and construct airfield perimeter fence rehabilitation and
closed circuit television security improvements, automated surface observing system relocation,
airport rescue and firefighting tower emergency telephone, pavement joint rehabilitation on
runways, taxiways and aprons and conduct a wildlife hazard assessment for Fort Worth Alliance
Airport; and adopt an Appropriation Ordinance increasing the estimated receipts and
appropriations in the Airports Grant Fund in the amount of $70,175.44, subject to receipt of the
grant for the project.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-25567 be approved and Appropriation
Ordinance No. 20178-04-2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Council Member Shingleton absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 16 of 20
5. M&C C-25568 - Amend M&C C-25481 to Increase the Amount of Land Credits
Used for the City’s In-Kind Local Grant Match from Five Percent to Ten Percent
of the $1,955,556.00 Project Cost and to Increase the Grant Amount Up to
$1,760,000.00, if Awarded a Grant from the Federal Aviation Administration for
the Acquisition of Avigation Easements in Accordance with the Part 150 Noise
Mitigation Plan for Fort Worth Alliance Airport and Adopt Appropriation
Ordinance. (COUNCIL DISTRICT 2)
The recommendation was that the City Council amend Mayor and Council Communication No.
C-25481 to increase the amount of land credits used for the City's local in-kind grant match from
five percent to ten percent of the $1,955,556.00 project cost and to increase the grant amount up
to $1,760,000.00, if awarded a grant from the Federal Aviation Administration for the
acquisition of avigation easements in accordance with the Part 150 Noise Mitigation Plan for
Fort Worth Alliance Airport; and adopt an Appropriation Ordinance increasing the estimated
receipts and appropriations in the Airports Grant Fund in the amount of $1,955,556.00, subject to
receipt of the grant for the project.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-25568 be approved and Appropriation
Ordinance No. 20179-04-2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Council Member Shingleton absent.
6. M&C C-25569 - Amend M&C C-25482 to Increase the Amount of Land Credits
Used for the City’s In-Kind Local Grant Match from Five Percent to Ten Percent
of the $3,650,043.00 Project Cost and to Increase the Grant Application Request
to $3,285,038.00, if Awarded a Grant from the Federal Aviation Administration
for the Acquisition of Land in Accordance with the Part 150 Noise Mitigation
Plan for Fort Worth Alliance Airport and Adopt Appropriation Ordinance.
(COUNCIL DISTRICT 2)
The recommendation was that the City Council amend Mayor and Council Communication No.
C-25482 to increase the amount of land credits used for the City’s in-kind local grant match from
five percent to ten percent of the $3,650,043.00 project cost and to increase the grant application
request to $3,285,038.00, if awarded a grant from the Federal Aviation Administration for the
acquisition of land in accordance with the Part 150 Noise Mitigation Plan for Fort Worth
Alliance Airport; and adopt an Appropriation Ordinance increasing the estimated receipts and
appropriations in the Airports Grant Fund in the amount of $365,005.00, subject to receipt of the
grant for the project.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C-25569 be approved and
Appropriation Ordinance No. 20180-04-2012 be adopted. The motion carried
unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 17 of 20
7. M&C C-25570 - Amend M&C C-25483 to Increase the Amount of Land Credits
Used for the City’s In-Kind Local Grant Match from Five Percent to Ten Percent
of the $22,222,222.22 Project Cost, if Awarded a Grant from the Federal Aviation
Administration for the Alliance Runway Extension Project at Fort Worth
Alliance Airport and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2)
The recommendation was that the City Council amend Mayor and Council Communication No.
C-25483 to increase the amount of land credits used for the City's in-kind local grant match from
five percent to ten percent of the $22,222,222.22 project cost, if awarded a grant from the
Federal Aviation Administration for the Alliance Runway Extension Project at Fort Worth
Alliance Airport; and adopt an Appropriation Ordinance increasing the estimated receipts and
appropriations in the Airports Grant Fund in the amount of $1,169,590.64, subject to receipt of
the grant for the project.
Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. C-25570 be approved and Appropriation
Ordinance No. 20181-04-2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Council Member Shingleton absent.
8. M&C C-25571 - Authorize Acceptance in the Amount Up to $100,000.00 of
Targeted Low Income Weatherization Program Funds from Frontier Associates,
LLC, Administrator for Atmos Energy Corporation, Authorize Related Contracts
and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council authorize acceptance of a grant, if awarded, in an
amount up to $100,000.00 from Frontier Associates, LLC, Administrator for Atmos Energy
Corporation, for a Targeted Low Income Weatherization Program for a period expiring on
September 30, 2012; authorize necessary execution, amendment, extension or renewal of the
contracts in accordance with City of Fort Worth policies and regulations upon mutual Agreement
with Frontier Associates, LLC, acting on behalf of Atmos Energy Corporation; and adopt an
Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants
Fund, in the amount of $100,000.00, subject to receipt of the grant for the program.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-25571 be approved and Appropriation
Ordinance No. 20182-04-2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Council Member Shingleton absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 18 of 20
9. M&C C-25572 - Authorize Acceptance in the Amount Up to $850,000.00 of
Targeted Low Income Weatherization Program Funds from Frontier Associates,
LLC, Administrator for Oncor Electric Delivery Company, LLC, Authorize
Related Contracts and Adopt Appropriation Ordinance. (ALL COUNCIL
DISTRICTS)
The recommendation was that the City Council authorize acceptance of a grant in the amount up
to $850,000.00 from Frontier Associates, LLC, Administrator for Oncor Electric Delivery
Company, LLC, for a Targeted Low Income Weatherization Program for the Year 2012;
authorize necessary execution, amendment, extension, or renewal of the contracts in accordance
with City of Fort Worth policies and regulations upon mutual agreement with Frontier
Associates, LLC, acting on behalf of Oncor Electric Delivery Company, LLC; and adopt an
Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants
Fund, in the amount of $850,000.00, subject to receipt of the grant for the program.
Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City
Secretary’s Office and would abstain from voting on this item.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C-25572 be approved and Appropriation
Ordinance No. 20183-04-2012 be adopted. The motion carried 7 ayes to 0 nays,
with 1 abstention by Council Member Scarth and Council Member Shingleton
absent.
10. 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) (PUBLIC HEARING)
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 (HUD); authorize a substantial amendment to the City’s 2011-2012
Action Plan for submission to HUD 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
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
APRIL 17, 2012
Page 19 of 20
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.
a. Report of City Staff
Ms. Charletra Hurt, Senior Contract Compliance Specialist, Housing and 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 Scarth made a motion, seconded by Council Member Moss, that
the public hearing be closed and that Mayor and Council Communication No.
C-25573 be continued until the May 1, 2012, Council meeting. The motion carried
unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
XV. CITIZEN PRESENTATIONS
Mr. Jonathan Marut, 2325 Aster Avenue, appeared before Council relative to water conservation
and drought ordinance amendments.
Mr. Marut was referred to Mr. Frank Crumb, Director, Water Department, for further
explanation.
Mr. Jim Myers, 4149 Staghorn Circle South, appeared before Council relative to neighborhood
code compliance issues.
Mr. Burton Moore, 4232 Staghorn Circle South, appeared before Council relative to
neighborhood code compliance issues. (Displayed photographs.)
Mr. Myers and Mr. Moore were referred to Mr. Scott Hanlan, Assistant Director, Code
Compliance Department, for resolution.
Council Member Scarth requested Mr. Myers and Mr. Moore provide their contact information
to Council District 4 Aide Jeanine Ricks for follow-up.
CITY OF FORT WORTH, TEXAS
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APRIL 17, 2012
Page 20 of 20
Council Member Espino stated that it was confusing to the public that the City had a Drought
Management Plan, a Conservation Plan, a Conservation Ordinance and an Irrigation Ordinance.
He further stated that citizen and Council input was important relative to those topics. He
encouraged the Water Department to continue to inform and engage the public regarding water
conservation and the Drought Ordinance. He advised that the premise behind the current
program was to look at the long term needs of the region as a whole and how the region could
work together.
Mayor Price advised that a Drought Ordinance had not been approved by the Council and
pointed out that the City staff was trying to raise public awareness about water conservation. She
stated that the Council would be briefed on this topic and public input would be solicited in the
future.
XVI. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - See Attachment
XVII. ADJOURNMENT
There being no further business, Mayor Price adjourned the regular meeting at 11:09 a.m.
These minutes approved by the Fort Worth City Council on the 1st day of May, 2012.
Attest: Approved:
_ .
Mary J. Kay -r r Betsy P e
City Secret.. !/ Ma .r