HomeMy WebLinkAbout2012/05/15-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 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 Dennis Shingleton, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Mary J. Kayser, City Secretary
10
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 10:06 a.m., on Tuesday, May 15, 2012, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102.
Mayor Price advised that the All City Children's Choir from Fort Worth Independent School
District (FWISD) was performing for the audience in the Council Chamber. She expressed
appreciation to the Choir and Choir Director Robert King for their music selections.
11. INVOCATION - Reverend Jennifer Innis, First Jefferson Unitarian Universalist
Church
The invocation was provided by Reverend Jennifer Innis, First Jefferson Unitarian Universalist
Church.
Ill.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 2 of 21
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 8 2012
Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that
the Minutes of the regular meeting of May 8, 2012, be approved. The motion
carried unanimously 9 ayes to 0 nays.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Higgins requested that Mayor and Council Communication Nos. G- 17591,
L- 15364, L- 15368, PZ -2976 and C -25615 be withdrawn from the Consent Agenda.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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF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 June 5, 2012, Council meeting and Mayor and Council Communication Nos.
L -15369 and PZ -2976 be withdrawn from consideration.
VII. CONSENT AGENDA
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns,
that the Consent Agenda be approved as amended. The motion carried unanimously
9 ayes to 0 nays.
A. General - Consent Items
2. M &C G-17592 - Authorize Payment for Repairs in the Amount of $243,200.00
and $175,702.00 for Hail Damage at the Fort Worth Zoo, Occurring May 24, 2011
and Adopt Appropriation Ordinance for Commercial Insurance Recovery in the
Amount of $168,902.00. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the payment for repairs to
Eubanks Roofing in the amount of $243,200.00; authorize the payment for repairs to TDI
Mechanical in the amount of $175,702.00; and adopt Appropriation Ordinance No.
20203 -05 -2012 increasing the estimated receipts and appropriations in the Risk Management
Fund in the amount of $168,902.00, from available funds, for the purpose of commercial
insurance recovery pertaining to the primate building at the Fort Worth Zoo being damaged
during a hail storm on May 24, 2011.
3. M &C G -17593 - Adopt Resolution Approving Revised Fiscal Year 2011 -2012
Budget and Service Plan for Public Improvement District No 12, Chapel Hill
Public Improvement Districts. (COUNCIL DISTRICT 7)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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The City Council approved the following recommendation: Adopt Resolution No. 4088 -05 -2012
approving an amended budget for Fort Worth Public Improvement District No. 12 (Chapel Hill
PID) for Fiscal Year 2011 -2012.
4. M &C G-17594 - Approve Findings of the Ground Transportation Coordinator
Regarding Application of Limo 10, Inc., d/b /a 360 Limo, Inc., to Operate Eight
Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such
Authority. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Consider and adopt the following
findings of the Ground Transportation Coordinator: the public necessity and convenience require
the operation of eight (8) limousines upon the City streets, alleys and thoroughfares; Limo 10,
Inc., d/b /a 360 Limo, Inc., is qualified and financially able to conduct a limousine service within
the City; Limo 10, Inc., d/b /a 360 Limo, Inc., has complied with the requirements of Chapter 34
of the City Code; Limo 10, Inc., d/b /a 360 Limo, Inc., presented facts in support of compelling
demand and necessity for eight (8) limousines; the general welfare of the citizens of the City of
Fort Worth will best be served by the addition of eight (8) limousines upon City streets, alleys
and thoroughfares; and adopt Ordinance No. 20204 -05 -2012 granting the privilege of operating
authority to Limo 10, Inc., d/b /a 360 Limo, Inc., for the use of the streets, alleys and public
thoroughfares of the City in the conduct of its limousine business, which shall consist of the
operation of eight (8) limousines for a one (1) year period beginning on the effective date;
providing for written acceptance by Limo 10, Inc. d/b /a 360 Limo, Inc., subject to and
conditioned on Limo 10, Inc., d/b /a 360 Limo, Inc., complying with all requirements of Chapter
34, Article VI of the Code of the City of Fort Worth (1986), as amended.
5. M &C G -17595 - Approve Findings of Ground Transportation Coordinator
Regarding Renewal Application of X- Quizit Transportation, LLC, to Operate
Eight Limousines Within the City of Fort Worth and Adopt Ordinance Granting
Such Authority. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Consider and adopt the following
findings of the Ground Transportation Coordinator: the public necessity and convenience require
the operation of eight (8) limousines upon the City streets, alleys and thoroughfares; X- Quizit
Transportation, LLC, is qualified and financially able to conduct a limousine service within the
City; X- Quizit Transportation, LLC, has complied with the requirements of Chapter 34 of the
City Code; X- Quizit Transportation, LLC, presented facts in support of compelling demand and
necessity for eight (8) limousines; the general welfare of the citizens of the City of Fort Worth
will best be served by the addition of eight (8) limousines upon City streets, alleys and
thoroughfares; and adopt Ordinance No. 20205 -05 -2012 granting the privilege of operating
authority to X- Quizit Transportation, LLC, for the use of the streets, alleys and public
thoroughfares of the City in the conduct of its limousine business, which shall consist of the
operation of eight (8) limousines for a one (1) year period beginning on the effective date;
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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providing for written acceptance by X- Quizit Transportation, LLC, subject to and conditioned on
X- Quizit Transportation, LLC, complying with all requirements of Chapter 34, Article VI of the
Code of the City of Fort Worth (1986), as amended.
6. M &C G -17596 - Adopt Ordinance to Appoint Municipal Judges for a Two Year
Term Commencing April 1, 2012 and Ending March 31, 2014 and Designate the
Chief Judge and Deputy Chief Judge. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Ordinance No.
20206 -05 -2012 appointing Stephanie J. Beamer, Andrew T. Bradshaw, Simon C. Gonzalez,
Benita Falls Harper, Ninfa L. Mares, Claudia A. Martinez, Robert Neel McDonald, Sharon
Newman - Stanfield, Jo Ann Reyes, James D. Rodgers and Nancy E. Strickland as Municipal
Judges for a two (2) year term commencing April 1, 2012, and ending March 31, 2014, or until a
successor is qualified and appointed, in accordance with state law; designate Ninfa L. Mares as
Chief Judge and James D. Rodgers as Deputy Chief Judge.
7. M &C G -17597 - Adopt Ordinance to Appoint Substitute Municipal Judges for a
One Year Term Commencing April 1, 2012 and Ending March 31, 2013 (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt the Ordinance No.
20207 -05 -2012 appointing Kim Marie Catalano, Ann Y. Collins, Faye R. Harden, Kathryn T.
Hoang, Carla G. Kelman, Nancy A. Magee, Patricia L. Summers and Edward B. Valverde as
Substitute Municipal Judges for a one (1) year term commencing April 1, 2012, and ending
March 31, 2013, or until a successor is qualified and appointed, in accordance with state law.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11382 - Authorize Purchase Agreement with 3M Company for Sign
Sheeting Material for the Transportation and Public Works Department in an
Amount Up to $160,000.00. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize a purchase agreement with
3M Company for sign sheeting material for the Transportation and Public Works Department in
an amount up to $160,000.00 for the first year.
2. M &C P -11383 - Authorize Execution of an Agreement with Gallagher Benefit
Services, Inc., for Actuarial and Consulting Services in an Amount Up to
$100,000.00 Annually. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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The City Council approved the following recommendation: Authorize the City Manager to
execute an agreement with Gallagher Benefit Services, Inc., for actuarial and consulting services
on a fee for service basis in an amount up to $100,000.00 annually.
C. Land - Consent Items
1. M &C L -15362 - Authorize Execution of a Quit Claim Deed to Focus 2000, LTD,
for a Portion of Old Handley - Ederville Road Located in Tract 2E of the James F.
Redding Survey, Abstract 1302. (COUNCIL DISTRICT 4)
The City Council approved the following recommendation: Authorize the City Manager to
execute a Quit Claim Deed to Focus 2000, Ltd, for the portion of Old Handley - Ederville Road
located in Tract 2E of the James F. Redding Survey, Abstract 1302, City of Fort Worth.
2. M &C L -15363 - Authorize Direct Sale of a Fee Simple Property Owned by the
City of Fort Worth Located at 801 West Vickery Boulevard to JJE Properties,
Ltd., in the Amount of $236,000.00 in Accordance with Section 272.001(b)(6) of
the Texas Local Government Code. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the direct sale of a fee
simple property owned by the City of Fort Worth located at 801 West Vickery Boulevard,
described as Lots 1 and 613, Block 3, Jennings South Addition to JJE Properties, Ltd., in the
amount of $236,000.00 in accordance with Section 272.001(b)(6) of the Texas Local
Government Code; and authorize execution and recording of the appropriate instruments
conveying the property to complete the sale.
4. M &C L -15365 - Authorize Direct Sale of Seventeen Tax Foreclosed Properties to
Tarrant County Housing Partnership, Inc., in the Amount of $112,410.62.
(COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the direct sale of 17 tax
foreclosed properties to Tarrant County Housing Partnership, Inc., in accordance with Section
34.05 of the Texas Tax Code in the amount of $112,410.62; and authorize the execution and
recording of the appropriate instruments conveying the property to complete the sale.
5. M &C L -15366 - Authorize Acquisition of a Fee Simple Interest in 0.1239 Acres of
an Improved Lot for the Lebow Channel Drainage Improvements Project,
Located at 3465 Lebow Street, from Manuel and Adriana Estrada in the Amount
of $91,000.00, Pay the Estimated Closing Costs Up to $4,000.00 for a Total Cost of
$95,000.00 and Authorize Payment of Relocation Assistance in the Amount of
$1,200.00. (COUNCIL DISTRICT 2)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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The City Council approved the following recommendation: Authorize the acquisition of a fee
simple interest in a 0.1239 acre improved lot located at 3465 Lebow Street, described as Lot 9,
Block 17, Dixie Wagon Manufacturing Co. Survey, Fort Worth, Texas, from Manuel and
Adriana Estrada; find that the total purchase price in the amount of $91,000.00 is just
compensation; authorize acceptance of the conveyance, the recording of the appropriate
instruments and payment of the estimated closing costs up to $4,000.00; and authorize the
payment of relocation assistance in the amount of $1,200.00.
6. M &C L -15367 - Authorize Acquisition of Fee Simple Interest in 6.746 Acres of
Land for Right -of -Way and Acquisition of Easement Interests in 2.467 Acres of
Land for Nine Permanent Slope Easements, Six Permanent Drainage Easements,
a Sight Visibility Easement and a Temporary Construction Easement for the
Summer Creek Drive Improvements Project, Located Along Old Granbury Road
and McPherson Boulevard, from SLF IV/ Legacy Capital. L.P., Grant a
Transportation Impact Fee Credit to the Developer in an Amount Not to Exceed
$302,663.44 for the Summer Creek Drive Right -of -Way and Pay Estimated
Closing Costs of $10,000.00. (COUNCIL DISTRICT 6)
The City Council approved the following recommendation: Authorize acquisition of fee simple
interest in 6.746 acres of land for right -of -way, and easement interest in 2.467 acres of land for
nine (9) permanent slope easements, six (6) permanent drainage easements, a sight visibility
easement and a temporary construction easement for the Summer Creek Drive Improvements
Project, located along Old Granbury Road and McPherson Boulevard, from SLF IV/ Legacy
Capital. L.P., grant a Transportation Impact Fee credit to the developer in an amount not to
exceed $302,663.44 for the Summer Creek Drive right -of -way; and authorize the City Manager
or his designee to accept the conveyances, record the appropriate instruments and to pay the
estimated closing costs up to $10,000.00.
D. Planning & Zoning - Consent Items
1. M &C PZ -2974 - Adopt Ordinance Vacating Three Portions of an Emergency
Access Easement and Eight 20 Foot by 20 Foot Public Open Space Easements
Within Block 1_R, United Services Center Addition, at the Intersection of NE 28th
Street and IH -35W North Freeway. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Adopt Ordinance No.
20208 -05 -2012 vacating and extinguishing three (3) portions of an emergency access easement
and eight (8) 20 -foot by 20 -foot public open space easements at the intersection of NE 28th
Street and IH -35W North Freeway situated in Block 1R, United Services Center Addition, an
Addition to the City of Fort Worth, Tarrant County, Texas; and waive any and all purchase fee
value of the vacated land in accordance with City Policy (M &C G- 15624).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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2. M &C PZ -2975 - Adopt Ordinance Vacating a Portion of Excess Right -of -Way
Along Throckmorton Street Near the Intersection of Throckmorton Street and
West Fifteenth Street. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Adopt Ordinance No.
20209 -05 -2012 vacating and extinguishing a portion of excess right -of -way along the
intersection of Throckmorton Street and West Fifteenth Street and situated in the John Childress
Survey, Abstract No. 250 in the City of Fort Worth, Tarrant County, Texas; and waive any and
all purchase fee value of the vacated land in accordance with Council Action (M &C L- 13935)
approved on October 19, 2004.
4. M &C PZ -2977 - Adopt Ordinance Vacating a Portion of an Alley Located
Between Currie Street and Norwood Street. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Adopt Ordinance No.
20210 -05 -2012 vacating and extinguishing a portion of a 16 -foot wide alley right -of -way, lying
between Lots 1, 2, 3 and 4; and Lots 17, 18, 19 and 20, Block 20, K.M. VanZandt's 2nd
Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, containing
approximately 3,200 square feet of land more or less; and waive any and all purchase fee value
of the vacated land in accordance with City Policy (M &C G- 15624).
E. Award of Contract - Consent Items
1. M &C C -25608 - Authorize Execution of an Agreement for Software License and
Maintenance with Allen Systems Group, Inc., Using a Cooperative Purchasing
Agreement, for the Information Technology Solutions Department for an Annual
Amount of $103,000.00. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of an
agreement for software license and maintenance with Allen Systems Group, Inc., for the
Information Technology Solutions Department, using General Services Administration Contract
No. GS- 3517- 00456M at an annual amount of $103,000.00.
2. M &C C -25609 - Authorize Execution of a Professional Services Agreement with
RPGA Design Group, Inc., in the Amount of $97,800.00 for Architectural Services
for Infill Housing in the Stop Six Sunrise Edition Model Block Area. (COUNCIL
DISTRICT 5)
The City Council approved the following recommendation: Authorize the City Manager or his
designee to execute a Professional Services Agreement with RPGA Design Group, Inc., in the
amount of $97,800.00 for architectural services for infill housing in the Stop Six Sunrise Edition
Model Block area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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3. M &C C -25610 - Amend M &C C -25366 Authorizing Execution of an Economic
Development Program Agreement with Wal -Mart Stores Texas, LLC, to Extend
the Completion Deadline for the Proposed Wal -Mart Store to be Located at
Avondale - Haslet Road. (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Amend M &C C -25366 authorizing
the execution of an Economic Development Program Agreement with Wal -Mart Stores Texas,
LLC, to extend the completion deadline for the proposed Wal -Mart store to be located on
Avondale - Haslet Road.
4. M &C C -25611 - Authorize Execution of an Engineering Services Agreement with
URS Corporation in the Amount of $485,932.58 for the Design of Garden Acres
Drive Bridge Phase II Over Interstate Highway 35W, Utilize Funds from the 2008
Bond Program to Provide for Design Services, City Project Management and
Design Review for a Project Total in the Amount of $619,932.58. (COUNCIL
DISTRICTS 6 and 8)
The City Council approved the following recommendation: Authorize the execution of an
agreement with URS Corporation in the amount of $485,932.58 for engineering services to
design the second phase of the Garden Acres Drive Bridge Project, Garden Acres Bridge Phase
II Improvements. This phase provides for the addition of a second parallel bridge over Interstate
Highway 35W, Utilize Funds from the 2008 Bond Program to provide for design services, city
project management and design review for a project total in the amount of $619,932.58.
5. M &C C -25612 - Authorize Execution of a Contract with JLB Contracting, LLC,
in the Amount of $539,506.86 for Hot Mix Asphaltic Concrete Surface Overlay at
Various Locations. (COUNCIL DISTRICTS 2, 4, 7, 8 and 9)
The City Council approved the following recommendation: Authorize the execution of a contract
with JLB Contracting, LLC, in the amount of $539,506.86 for 90 calendar days for hot mix
asphaltic concrete surface overlay 2012 -6 on Market Avenue, Denver Avenue, NE 23rd Street,
Virginia Place, W. Presido Street, N. Retta Street, Gilmore Street, Chenault Street, Lake Como
Drive, Thomas Place and Tidwell Drive.
6. M &C C -25613 - Authorize Execution of a Contract with Advanced Paving
Acquisition, Ltd., in the Amount of $842,858.45 for Hot Mix Asphaltic Concrete
Surface Overlay 2012 -3 at Five Locations and Adopt Appropriation Ordinance.
(COUNCIL DISTRICTS 6 and 9)
The City Council approved the following recommendation: Authorize the transfer of
$444,072.22 from the Water and Sewer Fund in the amounts of $266,443.34 to the Water Capital
Projects Fund and $177,628.88 to the Sewer Capital Projects Fund; adopt Appropriation
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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Ordinance No. 20211 -05 -2012 increasing the estimated receipts and appropriations in the Water
Capital Projects Fund and the Sewer Capital Projects Fund, from available funds, for the purpose
of funding hot mix asphaltic concrete surface overlay 2012 -3 on Landers Street, from West
Vickery Boulevard to Rutledge Street; Lovell Avenue, from Pulido Street to Kimzey Street;
West Risinger Road, from South Freeway SR SB to Crowley Road; Rutledge Street, from
Kimzey Street to Landers Street; and Rutledge Street, from Landers Street to West Vickery
Boulevard; and authorize the execution of a contract with Advanced Paving Acquisition Ltd., in
the amount of $842,858.45 for 90 calendar days for the hot mix asphaltic concrete surface
overlay 2012 -3.
7. M &C C -25614 - Authorize Amendment No. 1 to City Secretary Contract No.
38952 with Professional Service Industries, Inc., for Geotechnical and
Construction Material Testing in the Amount of $180,000.00 for a Total Contract
Amount of $380,000.00. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 1 to City Secretary Contract No. 38952 with Professional Service Industries,
Inc, in the amount of $180,000.00 for geotechnical and construction material testing related to
City infrastructure projects resulting in a total contract amount of $380,000.00 and to extend the
term of the agreement to July 21, 2013.
9. M &C C -25616 - Authorize Execution of a Memorandum of Understanding to
Conduct Human Trafficking Investigations through Participation in the Fiscal
Year 2011 Enhanced Collaborative Model to Combat Human Trafficking Grant,
Authorize Acceptance in the Amount of $60,000.00 in Grant Funds from the
Department of Justice through the City of Arlington, Authorize Matching Funds
in an Amount Up to $147,680.00 and Adopt Appropriation Ordinance. (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of a
Memorandum of Understanding with the Cities of Arlington and Dallas to participate in the
North Texas Anti - Trafficking Team; accept an estimated $60,000.00 from the Fiscal Year 2011
Enhanced Collaborative Model to Combat Human Trafficking Grant; authorize the City to
provide an in -kind match of $147,680.00 associated with an officer's salary for two (2) years;
and adopt Appropriation Ordinance No. 20212 -05 -2012 increasing the estimated receipts and
appropriations in the Grants Fund in the amount of $207,680.00, $60,000.00 subject to the
receipt of the grant and the remaining from available funds, for the purpose of participating in
the North Texas Anti - Trafficking Team.
10. M &C C -25617 - Authorize Acceptance of an Additional Award in the Amount of
$37,633.19 in Fiscal Year 2009 Homeland Security Grant Program Funds from
the Texas Department of Public Safety, Authorize Execution of Related
Documents and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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The City Council approved the following recommendation: Authorize the acceptance of an
additional award in the amount of $37,633.19 from the Texas Department of Public Safety to the
City of Fort Worth under the Fiscal Year 2009 Homeland Security Grant Program Urban Area
Security Initiative Grant, CFDA No. 97.067 and execution of any related documents and
agreements; and adopt Appropriation Ordinance No. 20213 -05 -2012 increasing the estimated
receipts and appropriations in the Grants Fund in the amount of $37,633.19, subject to receipt of
the additional grant award, for the purpose of funding planning activity and purchasing
additional emergency shelter readiness supplies.
11. M &C C -25618 - Adopt Supplemental Appropriation Ordinance Increasing
Estimated Receipts and Appropriations in the Amount of $2,000,000.00 for
Payments to Linebarger Goggan Blair & Sampson, LLP, Under City Secretary
Contract No. 39231 for Collection of Delinquent Parking and Criminal Citations.
(ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 20214 -05 -2012 increasing the estimated receipts and appropriations in the
General Fund in the amount of $2,000,000.00, from available funds, for the Municipal Court
Services Department, for the purpose of reflecting an accounting change for payments to
Linebarger Goggan Blair & Sampson, LLP, under City Secretary Contract No. 39231 for
collection of delinquent parking and criminal citations.
12. M &C C -25619 - Authorize Acceptance of Additional Grant Funds from the Texas
Department of Housing and Community Affairs in the Amount of $26,723.00 for
the 2012 Community Services Block Grant Program, Adopt Appropriation
Ordinance and Apply Indirect Costs. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize acceptance of additional
grant funds from the Texas Department of Housing and Community Affairs in the amount of
$26,723.00 for the 2012 Community Services Block Grant program; adopt Appropriation
Ordinance No. 20215 -05 -2012 increasing the estimated receipts and appropriations in the Grants
Fund in the amount of $26,723.00, subject to receipt of the grant, for the purpose of funding the
program; and apply indirect costs to the Grant Funds at a rate of 19.18 percent, which is the most
recently approved rate for this department, and apply the new approved rate when available.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1852 - Notice of Claims for Alleged Damages and /or Iniuries
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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A. General - Consent Items — Removed from Consent Agenda
1.. M &C G47591 - Authorize Transfer in the Amount of $281,902.00 in Gas Lease
Revenues from the Capital Proiects Reserve Fund and in the Amount of
$281,902.00 from the General Endowment Gas Lease Fund to AllianceAirport
Authority, Inc and Adopt Appropriation Ordinances. (ALL COUNCIL
DISTRICTS)
The recommendation was that the City Council adopt an Appropriation increasing the estimated
receipts and appropriations in the Capital Projects Reserve Fund in the amount of $281,902.00
and in the General Endowment Gas Lease Fund in the amount of $281,902.00, from available
funds, for the purpose of all revenues received from the Authority's mineral lease be transferred
from the above mentioned funds to the Authority so the board of directors can review and take
action, as it deems necessary; authorize the transfer of funds from the Capital Projects Reserve
Fund and from the General Endowment Gas Lease Fund to AllianceAirport Authority, Inc.; and
adopt a Supplemental Appropriation Ordinance increasing the estimated receipts and
appropriations in the AllianceAirport Authority Gas Revenue Fund in the amount of
$563,804.00, from available funds, for the purpose of all revenues received from the Authority's
mineral lease be reviewed by the Authority's Board of Directors can review to take action, as it
deems necessary.
Mr. Grayson Harper, 3605 Bellaire Drive, appeared before Council in opposition to Mayor and
Council Communication No. G- 17591.
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that
Mayor and Council Communication No. G -17591 be approved and Appropriation
Ordinance No. 20216 -05 -2012 and Supplemental Appropriation Ordinance No.
20217 -05 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays.
C. Land - Consent Items — Removed from Consent Agenda
3. M &C L -15364 - Authorize Sale of Twenty Two Tax Foreclosed Properties in
Accordance with Section 272.001 of the Texas Local Government Code and
Section 34.05 of the Texas Property Tax Code for a Total Amount of $341,410.38.
(COUNCIL DISTRICTS 2, 3, 4, 5, 6, 8 and 9)
The recommendation was that the City Council authorize the sale of 22 tax foreclosed properties
in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of
the Texas Tax Property Code for a total amount of $341,410.38; and authorize the execution and
recording of the appropriate instruments conveying the properties to complete the sale.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
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Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. L -15364 be amended to remove the parcel
at 1820 Cravens Road and that Mayor and Council Communication No. L -15364 be
approved as amended. The motion carried unanimously 9 ayes to 0 nays.
7. M &C L -15368 - Authorize Acquisition of aFee Simple Interest in 0.034 Acres of
Land for Right -of -Way and an Easement Interest in 0.206 Acres of Land for a
Permanent Slope Easement, for the Summer Creek Drive Improvements Project,
at the Intersection of Old ( Ganbury Road and West Risinger Road, from Apple
Nine Ventures Ownership, Inc., for $2,200.00 and Pay the Estimated Closing
Costs of $1,000.00 for a Total Amount of $3,200.00. (COUNCIL DISTRICT 6)
The recommendation was that the City Council authorize acquisition of a fee simple interest in
0.034 acre of land for right -of -way and an easement interest in 0.206 acre of land for a
permanent slope easement, described as Abstract No. 4, Tract 5G, Juan Jose Albirado Survey,
for the Summer Creek Drive Improvements Project, at the Intersection of Old Granbury Road
and West Risinger Road, from Apple Nine Ventures Ownership, Inc.; find that the total purchase
price of $2,200.00 is just compensation; and authorize the City Manager or his designee to
accept the conveyances, record the appropriate instruments and to pay the estimated closing costs
up to $1,000.00.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member
Shingleton, that Mayor and Council Communication No. L -15364 be approved.
The motion carried unanimously 8 ayes to 0 nays, with one abstention by Council
Member Jordan.
D. Planning & Zoning - Consent Items — Removed from Consent Agenda
3. M &C PZ -2976 - Adopt Ordinance Vacating a Portion of an Alley Located
Between Penn Street and Summit Avenue. (COUNCIL DISTRICT 9)
It was the consensus of the City Council that Mayor and Council Communication No. PZ -2976
be withdrawn from consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 13 of 21
E. Award of Contract - Consent Items — Removed from Consent Agenda
8. M &C C -25615 - Adopt Supplemental Appropriation Ordinance Increasing
Appropriations in the Culture and Tourism Fund in the Amount of $1,316,000.00
and Decreasing the Assigned Fund Balance by the Same Amount and Authorize
Execution of a Contract with Jeff Eubank Roofinp, Company, Inc., in the Amount
of $1,182,491.00 for Roof Repairs for the Amon Carter Exhibit Hall and
Administration Buildinji at the Will Ropers Memorial Center. (COUNCIL
DISTRICT 7)
The recommendation was that the City Council adopt a Supplemental Appropriation Ordinance
increasing the estimated receipts and appropriations in the Culture and Tourism Fund in the
amount of $1,316,000.00 and decreasing the assigned fund balance by the same amount, for the
purpose of executing a contract with Jeff Eubank Roofing Company, Inc. for roof repairs for the
Amon Carter Exhibit Hall and Administration Building at the Will Rogers Memorial Center; and
authorize the execution of a contract with Jeff Eubank Roofing Company, Inc., in the amount of
$1,182,491.00 plus $133,509.00 in contingency and staff costs for the roof repairs.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. C -25615 be approved.
City Attorney Fullenwider advised that before Council took the vote the Ordinance would need
to be amended to reflect that the appropriation is for the "Assigned Fund Balance ".
Council Member Shingleton advised that he would amend his motion to include that the
Ordinance be amended to read "decreasing the Assigned Fund Balance" instead of "decreasing
the Unassigned Fund Balance ".
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. C -25615 be approved and
Supplemental Appropriation Ordinance No. 20218 -05 -2012 be adopted with the
following amendment to read "decreasing the Assigned Fund Balance ". The motion
carried unanimously 9 ayes to 0 nays.
(Council Member Shingleton left his place at the dais and did not return.)
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of the Walter Dansby Tower Achievement Award to Fort Worth
Independent School District Students
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 14 of 21
Mr. Ernie Horn, Executive Director, Score A Goal in the Classroom and Mr. Barry Smith,
Director, FWISD Truancy Intervention Program, made the presentation relative to the Walter
Dansby Tower Achievement Award.
Mr. Smith stated that the Walter Dansby Tower Achievement Award recognized high school
students who had truancy issues and had overcome them to become successful students. He
further stated that the award is named in honor of Mr. Walter Dansby, a former coach, teacher,
principal and FWISD Superintendent. He advised that 13 FWISD high school students were
selected as the most improved and were candidates for the prestigious award, which would be
presented on May 22, 2012, at the FWISD School Board Meeting.
Mayor Price presented each student or the student's representative with a medallion and Molly
pin.
2 Certificate of Recognition of C. Donald Babers, Regional Administrator of the
U.S. Department of Housing and Urban Development
Mayor Price presented Certificate of Recognition to C. Donald Babers, Regional Administrator
of the U.S. Department of Housing and Urban Development. She stated that City recognized Mr.
Babers for his more than 40 years of dedicated service to the U.S. Department of Housing and
Urban Development (HUD).
Mr. Babers expressed appreciation to the Mayor and Council Members for the Certificate of
Recognition.
3. Certificate of Recognition of 56th Infantry Brigade Combat Team
Council Member Jordan presented a Certificate of Recognition to Lt. Colonel Ken White,
Executive Officer /Officer in Charge, 56th Infantry Brigade Combat Team and to Major Jason T.
Hart.
He stated that the City recognized the 56th Infantry Brigade for their devotion to the safety of
our nation and selfless service to our great country. He pointed out that the 56th Infantry Brigade
Combat Team had strong ties to both the City and the State and throughout their distinguished
history had answered the call and fought bravely and honorably every time.
Lt. Colonel White and Major Hart presented Mayor Price with a framed Texas flag that was
flown in Iraq.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 15 of 21
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
L Upcoming and Recent Events
Council Member Burns announced that the Arts Goggle event would be held on May 19, 2012,
from 4:00 p.m. to 10:00 p.m. He stated for more information to contact the Council District 9
Office at 817- 392 -8809 or to access the Fort Worth South website. He also announced that the
first annual Taste of Ryan Place would be held on May 26, 2012, from 5:00 p.m. to 9:00 p.m.
Mayor Pro tem Zimmerman announced that the Crowne Plaza Invitational Golf Tournament and
events would be held May 21, 2012, through May 27, 2012, and encouraged everyone to attend
one or all of the events. He also advised that flags would be flown at half -staff in honor of Police
and Fire Memorial Week. He stated a special ceremony would be held at the Police and Fire
Memorial on May 23, 2012, located at 2201 West Seventh Street.
Mayor Price expressed appreciation to the Naval Air Station/Joint Reserve Base for hosting the
bike tour of the base. She announced that May 18, 2012, was National Bike to Work Day and
encouraged everyone to participate. She announced that the Mayor's Southside Bike Ride would
take place on May 19, 2012, and stated registration would begin at 8:30 a.m. She also announced
that Commissioner Gary Fickes was hosting Second Chance Life Gift Run for organ donation
awareness on May 19, 2012, at 7:00 a.m. at Merrimac Circle.
2. Recognition of Citizens
There were no citizens recognized at this time.
XL PRESENTA'T'IONS BY THE CITY COUNCIL
I. Changes in Membership on Boards and Commissions
Mayor Price requested the Council's consideration for the following appointments:
• Reverend Ralph Emerson, Place 3 — Ethics Review Committee, with a term expiring on
October 1, 2013.
• Mr. Chris Garcia, Place 5 — Ethics Review Committee, with a term expiring on October
1, 2013.
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that
the individuals reflected above be appointed to the Ethics Review Committee,
effective May 1, 2012, with terms expiring October 1, 2013. The motion carried
unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
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MAY 15, 2012
Page 16 of 21
X11. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS,
COMMISSIONS AND /OR CITY COUNCIL COMMITTEES
1. Report by the Urban Design Commission
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before
Council and introduced Mr. Bob Kelly, Chair, Urban Design Commission, and also expressed
appreciation to City staff who provided administrative support to the board.
Mr. Kelly provided an overview of the mission and a brief summary of the projects, challenges
and future goals for the Urban Design Commission.
X111. RESOLUTION
1. A Resolution Authorizing the City Manager to Enter Into a Community
Partnership Agreement with the U.S. Department of Energy for Their Better
Buildings Challen„ e
The recommendation was that the City Council adopt a Resolution authorizing the City Manager
to enter into a Community Partnership Agreement with the U.S Department of Energy for their
Better Buildings Challenge.
Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that
Resolution No. 4089 -05 -2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Council Member Shingleton absent.
XIV. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General
1. _M &C G -17585 - Adopt Ordinance Amendinjy 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) (Continued from a Previous
Meeting)
It was the consensus of the City Council that Mayor and Council Communication No.G -17585
be continued until the June 5, 2012, Council meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 17 of 21
2. M&C G -17598 - Adopt Amendments to the City's Policy for the Installation of
Community Facilities so as to Authorize Administrative Approval of Community
Facilities Agreements with City Participation. (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council adopt amendments to the City's policy for the
Installation of Community Facilities Policy, clarifying and allowing for expanded administrative
approval of Community Facilities Agreements with City participation and change orders to those
contracts when the amount is equal to or less than the City Manager's contracting authority under
Section 2 -9 of the City Code.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. G -17598 be approved. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
3. M &C G -17599 - Adopt Ordinance Denyiny, Rate Increase Proposed by Atmos
Energy Corporation, Mid -Tex Division, and Ordering Continued Effectiveness_ of
Existing Rates. (ALL COUNCIL DISTRICTS) (PUBLIC HEARING)
The recommendation was that the City Council adopt an Ordinance denying the rates and
charges proposed by Atmos Energy Corporation, Mid -Tex Division, as reflected in the
"Statement of Intent to Increase Gas Utility Rates" filed by Atmos Energy Corporation, Mid -Tex
Division on January 31, 2012; confirming the maximum permitted rates and charges that Atmos
Energy Corporation, Mid -Tex Division, may continue to assess customers in the City of Fort
Worth; approving as reasonable costs incurred thus far by the Atmos Cities Steering Committee
and directing that Atmos Energy Corporation, Mid -Tex Division, reimburse the City for all past
and future reasonable expenses.
a. Report of City Staff
Ms. Bridgette Garrett, Utility Manager, Legal 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 Jordan made a motion, seconded by Council Member Burns, that
the public hearing be closed and that Mayor and Council Communication No.
G -17599 be approved and Ordinance No. 20219 -05 -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
MAY 15, 2012
Page 18 of 21
C. Purchase of Equipment, Materials, and Services
1. M &C P -11384 - Authorize Purchase of Renovations at Sycamore Creek Golf
Course with Landscapes Unlimited, LLC, Usinz a Texas Association of School
Boards BuyBoard Contract for the Parks and Community Services Department
in an Amount Up to $184,268.00. (COUNCIL DISTRICT 8)
The recommendation was that the City Council authorize a purchase of surface renovations with
Landscapes Unlimited, LLC, using a Texas Association of School Boards BuyBoard Contract
Number 391 -12 for the Parks and Community Services Department in an amount up to
$184,268.00.
Council Member Moss questioned if the golf course would be closed from June through
September.
Ms. Nancy Bunton, Assistant Director, Parks and Community Services Department, advised that
the course would be closed on approximately June 4, 2012, or June 11, 2012, during the peak
growing season and may stay closed as long as 90 days but on average would be closed
approximately 75 to 80 days.
Council Member Moss stated that he was concerned about the golf courses being closed during
peak times due to low revenue. He stated that the low revenue could potentially be used as a
basis for dialogue relative to closing the course during budget discussions.
Motion: Council Member Hicks made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. P -113 84 be approved with the following
amendment to the recommendation section to add "and execution of related
contracts" after "Texas Association of School Boards BuyBoard Contract Number
391 -12 ". The motion carried unanimously 8 ayes to 0 nays, with Council Member
Shingleton absent.
D. Land
1. M &C L -15369 - Authorize Execution of a Subsurface Wellbore License
Agreement with Chesapeake Exploration, LLC in the Amount of $7,211.60 for
One Subsurface Wellbore Across City Owned Property Known as Ederville Park
(COUNCIL DISTRICT 4)
It was the consensus of the City Council that Mayor and Council Communication No. L -15369
be withdrawn from consideration.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 19 of 21
E. Planning & Zoning - None
F. Award of Contract
1. M &C C -25620 - Authorize Execution of a Public Right -of -Way Use Agreement
with Quicksilver Resources, Inc., in the Amount of $2,904.00 Granting a License
to Construct and Operate a Four Inch Water Pipeline Across Elizabeth Road,
East of Cravens Road to Serve a Proposed Frac Pond. (COUNCIL DISTRICT 5)
The recommendation was that the City Council authorize the execution of a public right -of -way
use agreement with Quicksilver Resources, Inc., granting a license to construct and operate a
four (4) inch water pipeline across Elizabeth Road, east of Cravens Road to serve a proposed frac
pond, for a one (1) time license fee of $2,904.00.
Mr. Michael Appleman, 2600 -block Highway Terrace, submitted a comment card in opposition
to Mayor and Council Communication No. C- 25620.
Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C -25620 be approved. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Shingleton absent.
2. M &C C- 2562 1 - Authorize Execution of Amendment No. 1 to Community
Facilities Agreement City Contract No. 42814 with Crowley Independent School
District and Authorize City Participation in the Amount of $8,61.5.88 for the
Construction of a Twelve Inch Sewer Main to Serve Crowlev ISD Intermediate
School No. 13, a Development Located in Fort Worth. (COUNCIL DISTRICT 6)
The recommendation was that the City Council authorize the City Manager to execute
Amendment No. 1 to City Secretary Contract No. 42814, a Community Facilities Agreement
with Crowley ISD to add City participation in the amount of $8,615.88 for the construction of a
12 -inch sewer main to serve Crowley ISD Intermediate School No. 13.
Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Mayor and Council Communication No. C -25621 be approved. The motion carried
7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Council
Member Shingleton absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 20 of 21
3. M &C C- 25622 - Authorize Execution of an Engineering Services Agreement with
Jacobs Engineering Group, Inc., in the Amount of $2,410,478.00 for Staff
Extension Services Over a Twenty Four Month Time Period for Accelerating
Delivery of Transportation Capital Improvement Projects. (ALL COUNCIL
DISTRICTS)
The recommendation was that the City Council authorize the execution of an Engineering
Services Agreement with Jacobs Engineering Group, Inc., in the amount of $2,410,478.00 for
staff extension services for a 24 month time period for accelerating delivery of transportation
capital improvement projects.
Council Member Jordan advised that a Special Capital Improvements Projects meeting would be
held on June 7, 2012. He further advised that he would make a motion to continue this item until
the June 12, 2012, Council meeting with the understanding that the Council would discuss this
item as well as outsourcing various aspects of other capital projects at the June 7, 2012, special
meeting.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. C -25622 be continued until the
June 12, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays,
with Council Member Shingleton absent.
XV. 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 25, 2012.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be
heard.
1. ZC -10 -040 - (CD 9) - American Bank of Texas, 275 University Drive; from: "E"
Neighborhood Commercial to: "PD /E" Planned Development for all uses in "E"
Neighborhood Commercial plus indoor storage of automobiles; site plan waiver
requested. (Recommended for Approval by the Zoning Commission)
(By direction of the Law Department Zoning Docket No. ZC -10 -040 should have been reflected
as Zoning Docket No. ZC -12 -040.)
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REGULAR CITY COUNCIL MEETING
MAY 15, 2012
Page 21 of 21
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Zoning Docket No. ZC -12 -040 be approved. The motion carried unanimously 8
ayes to 0 nays, with Council Member Shingleton absent.
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 case,
Council Member Burns made a motion, seconded by Council Member Scarth, that the hearing be
closed and that Ordinance No. 20220 -05 -2012 be adopted. The motion carried 8 ayes to 0 nays,
with Council Member Shingleton absent.
XVL CITIZEN PRESENTATIONS
Ms. Bobbie Hargrove, 1000 East Jessamine Street, appeared before Council relative to receiving
parking tickets when cars were parked in her driveway.
Ms. Hargrove was referred to Mr. Scott Hanlan, Assistant Director, Code Compliance
Department and Mr. Charles Daniels, Assistant City Manager, City Manager's Office.
XVII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER)
XVIII. ADJOURNMENT
There being no further business, Mayor Price adjourned the regular meeting at 10:56 a.m.
These minutes approved by the Fort Worth City Council on the 5th day of June, 2012.
Attest:
Mary J. Kays
City Secretary
Approved:
etsy P
Ma