HomeMy WebLinkAbout2012/07/10-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 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
I. CALL TO ORDER
With a quorum of the City Council Members present, Mayor Price called the regular session of
the Fort Worth City Council to order at 7:02 p.m., on Tuesday, July 10, 2012, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
H. INVOCATION - Bishop Kenneth Spears, First St. John Baptist Church
The invocation was provided by Bishop Kenneth Spears, First St. John Baptist Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JUNE 12,
2012 AND MINUTES OF CALLED- SPECIAL MEETING OF JUNE 28, 2012
Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Burns,
that the Minutes of the Regular Meeting of June 12, 2012, and the Minutes of the
Meeting of the Canvassing Authority of June 28, 2012, be approved. The motion
carried unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 2 of 38
V. OUTGOING REMARKS OF COUNCIL MEMBER KATHLEEN HICKS
Council Member Hicks stated that it was an honor to have served as the District 8 Council
representative and to serve the City and her district. She expressed appreciation to her family,
friends, City Council colleagues, City staff and the citizens who had supported her and stated
that she hoped she had made a positive impact on neighborhoods in the district. She also wished
Council Member Elect Kelly Allen Gray success as a new member of the City Council.
Mayor Price, Mayor Pro tem Zimmerman, and Council Members Espino, Scarth, Moss, Jordan,
Shingleton and Burns, all expressed appreciation to Council Member Hicks for her service to the
citizens of District 8 and to the entire City.
VI. PRESENTATION FROM THE CITY COUNCIL AND OTHERS TO COUNCIL
MEMBER KATHLEEN HICKS
Mayor Price and Council Member Moss, on behalf of the Council, presented Council Member
Hicks with roses, an engraved vase and her City Council portrait that hung outside the Council
Chamber.
Mr. Jerome Johnson, 5632 Cando Drive, submitted a comment card in support of Council
Member Hicks.
VII. ADMINISTIC4,TION OF OATH OF OFFICE 'TO COUNCIL MEMBER ELECT
KELLY ALLEN GRAY
City Secretary Kayser administered the Oath of Office to Council Member Elect Kelly Allen
Gray.
Council Member Allen Gray assumed her place at the dais.
VEIL REMARKS AND INTRODUCTIONS BY COUNCIL MEMBER KELLY
ALLEN GRAY
Council Member Allen Gray expressed appreciation to her family, friends and citizens of Fort
Worth for their support and provided comments relative to her vision for the future of Fort Worth
and District 8.
Ms. Opal Lee, 417 South Judkins Street, appeared before Council in support of Council Member
Kelly Allen Gray.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 3 of 38
IX. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Higgins requested that Mayor and Council Communication No. L -15387 be
withdrawn from the Consent Agenda.
X. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Higgins requested that Mayor and Council Communication No. L -15387 be
continued until the July 17, 2012, Council meeting.
XI. CONSENT AGENDA
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton,
that the Consent Agenda be approved as amended. The motion carried unanimously
9 ayes to 0 nays.
A. General - Consent Items
1. M &C G -17620 - Adopt Appropriation Ordinance in the Amount of $50,000.00
from the Cable Communication Office's Public Education and Governmental
Funds to Fund Capital Expenses Related to City Cable Facilities. (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20257 -07 -2012 increasing the estimated receipts and appropriations in the Special Trust Fund in
the amount of $50,000.00, from available funds, for the purpose of funding certain capital
expenses related to the City's cable communication office.
2. M &C G -17621 - Approve Findings of the Ground Transportation Coordinator
Regarding Application of American Fernando Transportation to Operate Two
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 two (2) limousines upon the City streets, alleys and thoroughfares; American
Fernando Transportation, is qualified and financially able to conduct a limousine service within
the City; American Fernando Transportation, has complied with the requirements of Chapter 34
of the City Code; American Fernando Transportation, presented facts in support of compelling
demand and necessity for two (2) limousines; the general welfare of the citizens of the City of
Fort Worth will best be served by the addition of two (2) limousines upon City streets, alleys and
thoroughfares; and adopt Ordinance No. 20258 -07 -2012 granting the privilege of operating
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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authority to American Fernando Transportation, 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 two (2) limousines for one (1) year period beginning on the effective date,
complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as amended.
3. M &C G-17622 - Approve Findings of the Ground Transportation Coordinator
Regarding Application of Town Square Limo Service to Operate One Limousine
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 one (1) limousine upon the City streets, alleys and thoroughfares; Town Square
Limo Service is qualified and financially able to conduct a limousine service within the City;
Town Square Limo Service has complied with the requirements of Chapter 34 of the City Code;
Town Square Limo Service presented facts in support of compelling demand and necessity for
one (1) limousine; the general welfare of the citizens of the City of Fort Worth will best be
served by the addition of one (1) limousine upon City streets, alleys and thoroughfares; and
Adopt ordinance No. 20259 -07 -2012 granting the privilege of operating authority to Town
Square Limo Service, 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 one (1) limousine for
one (1) year period beginning on the effective date, complying with all requirements of Chapter
34, Article VI of the Code of the City of Fort Worth (1986), as amended.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11394 - Authorize Purchase Agreement with Midwest Veterinary Supply,
Inc., for Veterinary Supplies and Pharmaceuticals for the Code Compliance
Department, Animal Control Division in the Amount of $337,000.00. (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize a purchase agreement with
Midwest Veterinary Supply, Inc., for veterinary supplies and pharmaceuticals for the Code
Compliance Department, Animal Control Division, in the amount of $337,000.00 for the first
year.
2. M &C P -11395 - Authorize Amendment to Existing Purchase Agreement with
Republic Waste Services of Texas, LTD d /b /a Allied Waste Services, for Regular
Garbage Services and Waste Disposal Services for the City of Fort Worth
Facilities in the Amount of $80,000.00 for a Revised Total Agreement in the
Amount of $1,230,000.00. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
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The City Council approved the following recommendation: Authorize an amendment to existing
purchase agreement with Republic Waste Services of Texas, Ltd d /b /a Allied Waste Services for
the City of Fort Worth Facilities in the amount of $80,000.00 for a revised total agreement in the
amount of $1,230,000.00 and to extend the term of the agreement to September 30, 2012.
C. Land - Consent Items
1. M &C L -15386 - Authorize Direct Sale of Two Tax - Foreclosed Properties Located
at 3600 and 3602 Horne Street in Accordance with Section 34.05 of the Texas Tax
Code to Opening Doors for Women in Need in the Amount of $31,545.90.
(COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize the direct sale of two (2)
tax - foreclosed properties located at 3600 Horne Street, described as an undivided 50 percent
interest in land and an undivided 51 percent interest in the improvements of Lots 1 and 2, Block
50, Chamberlain Arlington Heights 2nd Filing Addition and 3602 Horne Street, described as an
undivided 50 percent interest in land and an undivided 49 percent interest in the improvements of
Lots 1 and 2, Block 50, Chamberlain Arlington Heights 2nd Filing Addition to Opening Doors
for Women in Need, in accordance with Section 34.05 of the Texas Tax Code, in the amount of
$31,545.90; and Authorize execution and recording of the appropriate instruments conveying the
property to complete the sale.
3. M &C L -15388 - Authorize Acquisition of an Easement Interest in 1.404 Acres of
Land for a Permanent Drainage Easement for the Upper Sierra Vista Drainage
Project Located at 1225 East Berry Street from Lupe and Luz Vazquez in the
Amount of $93,760.00 and Pay Estimated Closing Costs Up to $5,000.00 for a
Total Amount of $98,760.00. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize acquisition of an easement
interest in 1.404 acres of land for a permanent drainage easement for the Upper Sierra Vista
Drainage Project located at 1225 East Berry Street, described as Lot 2, Block 1, Jim Austin
Addition, from Lupe and Luz Vazquez; find that the total purchase price in the amount of
$93,760.00 is just compensation; and authorize the acceptance of the conveyance, record the
appropriate instrument and pay the estimated closing costs in an amount up to $5,000.00.
4. M &C L -15389 - Authorize Acquisition of a Fee Simple Interest in 0.302 Acres of
Land for Right -of -Way and Easement Interests in a Total of 0.675 Acres of Land
for a Permanent Drainage Easement and a Temporary Construction Easement
for the Randol Mill Drainage Culvert Improvements Located at 7400 Randol Mill
Road from Owen K. and Priscilla R. Collins in the Amount of $17,060.00 and Pay
Estimated Closing Costs Up to $1,500.00 for a Total Amount of $18,560.00.
(COUNCIL DISTRICT 4)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
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The City Council approved the following recommendation: Authorize acquisition of a fee simple
interest in 0.302 acre of land for right -of -way and easement interests in a total of 0.675 acre of
land for a Permanent Drainage Easement and a Temporary Construction Easement for the
Randol Mill Drainage Culvert Improvements located at 7400 Randol Mill Road, described as
Abstract No. 423, Joseph C. Davis Survey, from Owen K. and Priscilla R. Collins; find that the
total purchase price in the amount of $17,060.00 is just compensation; and authorize the
acceptance of the conveyances, record the appropriate instruments and pay the estimated closing
costs up to $1,500.00.
5. M &C L -15390 - Authorize Acquisition of Fee Simple Interest in 3.835 Acres of
Land for Right -of -Way for the Summer Creek Drive Improvements Project
Located Along Old Granbury Road and McPherson Boulevard from SLF
IV /Legacy Capital, L.P., Grant Transportation Impact Fee Credit to the
Developer in an Amount Not to Exceed $172,072.00 and Pay Estimated Closing
Costs Up to $3,000.00. (COUNCIL DISTRICT 6)
The City Council approved the following recommendation: Authorize the acquisition of fee
simple interest in 3.835 acres of land for right -of -way for the Summer Creek Drive
Improvements Project located at 9605 Old Granbury Road and McPherson Boulevard, described
as Abstract No. 4, Juan Jose Albirado Survey, from SLF IV /Legacy Capital, L.P., grant a
transportation impact fee credit to the developer in an amount not to exceed $172,072.00 for the
Summer Creek Drive right -of -way; and authorize the acceptance of the conveyance, record the
appropriate instrument and pay the estimated closing costs up to $3,000.00.
6. M &C L -15391 - Authorize Conveyance of a Fee - Simple Interest in Approximately
4.47 Acres of Land Located South of the Burlington Northern Santa Fe Railroad
and West of Armetco Drive, Denton County, Texas to Adioining Land Owners
Kenneth W. Kirk and Winifred A. Kirk in Exchange for the Release of Access
Easements Across Property Owned by Burlington Northern Santa Fe Railroad
and Authorize Payment in the Amount of $150,000.00 for Construction Costs for
the Replacement Private Access Road. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the conveyance of a fee -
simple interest in approximately 4.47 acres of land located south of the Burlington Northern
Santa Fe Railroad and west of Armetco Drive in the Guadalupe Cardinas Survey, Abstract No.
214 and the C. Tydings Survey, Abstract No. 1276, Denton County, Texas, to adjoining land
owners Kenneth W. Kirk and Winifred A. Kirk in exchange for the release of access easements
across property owned by Burlington Northern Santa Fe Railroad; and authorize payment in the
amount of $150,000.00 for construction costs for the replacement of a private access road.
D. Planning & Zoning - Consent Items - None
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
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E. Award of Contract - Consent Items
1. M &C C -25671 - Authorize an Increase of $65,000.00 to the Maximum Amount to
Be Paid to Lowell Denton of Denton, Navarro, Rocha and Bernal, P.C., to Assist
the City as a Consultant to the City Manager in Public Safety Labor Negotiation
Issues and Adopt Supplemental Appropriation Ordinance Increasing
Appropriations in the General Fund in the Amount of $65,000.00 and Decreasing
the Unassigned General Fund Balance by the Same Amount. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 20260 -07 -2012 increasing the estimated receipts appropriations in the General
Fund in the amount of $65,000.00 and decreasing the unassigned General Fund Balance by the
same amount, for the services of Lowell Denton of Denton, Navarro, Rocha and Bernal, P.C., for
continued assistance to the City Manager as a Consultant regarding public safety labor
negotiations issues.
2. M &C C -25672 - Authorize Execution of a License Agreement with American
Tower Asset Sub, LLC, in the Amount of $42,000.00 Annually for the Lease of
Space at the Roanoke Radio Tower Site. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize execution of a license
agreement with American Tower Asset Sub, LLC, in the amount of $42,000.00 annually, for the
lease of space at the Roanoke Radio Tower Site as part of the Public Safety Radio Upgrade
Project.
3. M &C C -25673 - Authorize Execution of a Design Procurement Agreement with
Hillwood Alliance Services, LLC, in the Amount Not to Exceed $280,000.00 for
the Engineering Design of North Riverside Drive from Dalton Road to North
Tarrant Parkway and Adopt Appropriation Ordinances. (COUNCIL DISTRICT
2)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20261 -07 -2012 increasing the estimated receipts and appropriations in the Special Assessments
Fund in the amount not to exceed $280,000.00, from available funds, for the purpose of
executing a Design Procurement Agreement with Hillwood Alliance Services, LLC, for
engineering services related to the design of North Riverside Drive from Dalton Street to North
Tarrant Parkway; authorize the transfer from the Special Assessments Fund to the New
Development Fund; adopt Appropriation Ordinance No. 20262 -07 -2012 increasing the estimated
receipts and appropriations in the New Development Fund, from available funds, for the purpose
of the agreement with Hillwood Alliance Services, LLC; and authorize the execution of a Design
Procurement Agreement with Hillwood Alliance Services, LLC, for engineering services related
to the design of the project.
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JULY 10, 2012
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4. M &C C -25674 - Authorize Execution of an Agreement with the Tarrant County
Tax Assessor - Collector for Ad Valorem Tax Assessment and Collection Services
for Fiscal Year 2013 for Approximately $301,590.00. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of an
agreement between the Tarrant County Tax Assessor - Collector and the City of Fort Worth for
providing assessment and collection services of ad valorem taxes levied by the City of Fort
Worth for Fiscal Year 2013 covering the period October 1, 2012, to September 30, 2013, for
approximately $301,590.00.
5. M &C C -25675 - Authorize Substantial Amendment to the City's 2009 -2010
Action Plan, Authorize Change in Use and Expenditure in the Amount Up to
$50,000.00 in Homelessness Prevention and Rapid Rehousing Funds, and
Authorize Addition of $50,000.00 to the Contractor Agreement with the Fort
Worth Housing Authority for Homelessness Prevention and Rapid Rehousing
Services for a Contract Amount Up to $150,000.00. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize the substantial amendment
to the City's 2009 -2010 Action Plan regarding the change in use of up to $50,000.00 in funds for
the Homelessness Prevention and Rapid Rehousing Program; authorize the addition of
$50,000.00 to the Contractor Agreement with the Fort Worth Housing Authority for
Homelessness Prevention and Rapid Rehousing Services for a contract amount up to
$150,000.00; and authorize further amendment of the Contractor Agreement, if necessary, to
achieve program goals provided that the amendment is within the scope of the program and in
compliance with applicable laws and regulations governing the use of federal grant funds.
6. M &C C -25676 - Authorize Expenditure in the Amount of an Additional
$174,000.00 of Community Housing Development Organization HOME
Investment Partnerships Program Grant Funds to Tarrant County Housing
Partnership, Inc., for the Development of an Additional Single Family Home in
the Hillside- Morningside Neighborhood for a Total Amount of $1,289,000.00 and
Authorize Execution of a Conditional Commitment and Contract. (COUNCIL
DISTRICT 8)
The City Council approved the following recommendation: Authorize substitution of funding
years in order to meet commitment, disbursement and expenditure deadlines for grant funds from
the United States Department of Housing and Urban Development; authorize expenditure of an
additional $174,000.00 in HOME Investment Partnerships Program Grant Funds as allocated in
the 2010 -2011 Action Plan to Tarrant County Housing Partnership, Inc., (TCHP) a certified
Community Housing Development Organization for the development of an additional single
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family house in the Hill side-Morningside neighborhood for a total amount of $1,289,000.00;
authorize execution of a conditional commitment with TCHP, that conditions funding, among
other things, on satisfactory completion of HOME Investment Partnerships Program
requirements; authorize execution of a contract with the TCHP, for the project for a three (3)
year term beginning on the date of execution of the contract; authorize extension or renewal of
the conditional commitment(s) or the contract(s) if TCHP, requests an extension and such
extension is necessary for completion of the project; and authorize amendment of the conditional
commitment(s) or the contract(s) if necessary to achieve project goals provided that the
amendment is within the scope of the project and in compliance with City policies and applicable
laws and regulations governing the use of federal grant funds.
7. M &C C -25677 - Authorize Expenditure in the Amount of $100,000.00 of Urban
Development Action Grant Program Income as a Forgivable Loan to Catholic
Charities Fort Worth for the Construction of a Dental Clinic to Serve Low and
Moderate Income Residents and Adopt Appropriation Ordinance. (COUNCIL
DISTRICT 9)
The City Council approved the following recommendation: Authorize expenditure in the amount
of $100,000.00 of Urban Development Action Grant (UDAG) Program Income as a forgivable
loan to Catholic Charities Fort Worth, for the construction of a dental clinic to serve low and
moderate income residents in furtherance of and in accordance with the U.S. Department of
Housing and Urban Development's national objectives of promoting activities that benefit low
and moderate income persons, as outlined in Title 24 of the Code of Federal Regulations; adopt
Appropriation Ordinance No. 20263 -07 -2012 increasing the estimated receipts and
appropriations in the Grants Fund, from available funds, for the purpose of UDAG Program
Income as a forgivable loan to Catholic Charities Fort Worth for the construction of the clinic.
8. M &C C -25678 - Authorize Execution of Change Order No. 2 to City Secretary
Contract No. 41763 with McClendon Construction Company, Inc., in the Amount
of $45,005.85 for Pavement Reconstruction and Water and Sanitary Sewer Main
Replacements on Arnold Court, Blevins Street, Clarence Street East and Clarence
Street West for a Total Contract Cost of $849,140.01 and Adopt Appropriation
Ordinances. (COUNCIL DISTRICT 4)
The City Council approved the following recommendation: Authorize the transfer of $36,297.85
from the Water and Sewer Fund to the Water Capital Projects Fund in the amount of $19,729.45
and Sewer Capital Projects Fund in the amount of $16,568.40; adopt Appropriation Ordinance
No. 20264 -07 -2012 increasing the estimated receipts and appropriations in the Water Capital
Projects Fund, from available funds, for the purpose of pavement reconstruction and water and
sanitary sewer main replacements on Arnold Court, from Goddard Street to Northwest Cul de
Sac; Blevins Street, from Grapewood Street to Race Street; Clarence Street East, from Marsalis
Street to Airport Freeway (S.H. 121); and Clarence Street West, from Marsalis Street to Airport
Freeway (S.H. 121); adopt Appropriation Ordinance No. 20265 -07 -2012 increasing the
CITY OF FORT WORTH, TEXAS
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estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds,
for the purpose of pavement reconstruction and water and sanitary sewer main replacements for
the streets listed above; and authorize the execution of Change Order No. 2 to City Secretary
Contract No. 41763 with McClendon Construction Company, Inc., in the amount of $45,005.85
for pavement reconstruction and water and sanitary sewer main replacement, thereby revising the
total contract amount to $849,140.01.
9. M &C C -25679 - Authorize Execution of Change Order No. 1 to City Secretary
Contract No. 45240 with Stabile & Winn, Inc., in the Amount of $146,266.00 for
Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on
Portions of Bird Street, Bonnie Brae Avenue, Clary Avenue, Concord Avenue and
Dalford Street for a Total Contract Cost of $2,084,775.25 and Adopt
Appropriation Ordinances. (COUNCIL DISTRICT 4)
The City Council approved the following recommendation: Authorize the transfer from the
Water and Sewer Fund to the Water Capital Projects Fund in the amount of $47,467.00 to the
Sewer Capital Projects Fund in the amount of $17,770.00 for a total amount of $65,347.00; adopt
Appropriation Ordinance No. 20266 -07 -2012 increasing the estimated receipts and
appropriations in the Water Capital Projects Fund, from available funds, for the purpose of
pavement reconstruction and water and sanitary sewer main replacements on portions of Bird
Street, from North Riverside Drive to Bonnie Brae Avenue; Bonnie Brae Avenue, from East
Belknap Street to Yucca Avenue; Clary Avenue, from North Riverside Drive to Seaman Street;
Concord Avenue, from Bonnie Brae Avenue to Bonnie Brae Avenue; Dalford Street, from
Bonnie Brae Avenue to Bonnie Brae Avenue; adopt Appropriation Ordinance No.
20267 -07 -2012 increasing the estimated receipts and appropriations in the Sewer Capital
Projects Fund, from available funds, for the purpose of pavement reconstruction and water and
sanitary sewer main replacements on portions of the streets listed above; and authorize the
execution of Change Order No. 1 to City Secretary Contract No. 45240 with Stabile & Winn,
Inc., in the amount of $146,266.00 for pavement reconstruction and water and sanitary sewer
main replacement, thereby revising the total contract amount to $2,084,775.25.
10. M &C C -25680 - Authorize Execution of a Contract with Stabile & Winn Inc. in
the Amount of $513,362.39 for Pavement Reconstruction and Water and Sanitary
Sewer Main Replacement on Portions of Waits Avenue, Wosley Drive and
Rutland Avenue Utilizing $432,055.00 from the 2008 Capital Improvement
Program Funds and $191,400.00 from the Water and Sewer Capital Projects
Fund to Provide for Construction Contract Costs, Contingencies and
Construction Services for a Project Total in the Amount of $623,455.00 and Adopt
Appropriation Ordinances. (COUNCIL DISTRICT 6)
The City Council approved the following recommendation: Authorize the transfer of
$191,400.00 from the Water and Sewer Fund in the amounts of $82,200.00 to the Water Capital
Projects Fund and $109,200.00 to the Sewer Capital Projects Fund; adopt Appropriation
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Ordinance No. 20268 -07 -2012 increasing the estimated receipts and appropriations in the Water
Capital Projects Fund, from available funds, for the purpose of pavement reconstruction and
water and sanitary sewer main replacement on portions of Waits Avenue, from SW Loop 820 to
Southgate Drive; Wosley Drive, from SW Loop 820 to Odessa Avenue; Rutland Avenue, from
Rector Avenue to Cockrell Avenue; adopt Appropriation Ordinance No. 20269 -07 -2012
increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from
available funds, for the purpose of pavement reconstruction and water and sanitary sewer main
replacement on portions of the streets listed above; and authorize the execution of a contract with
Stabile & Winn, Inc., in the amount of $513,362.39 for pavement reconstruction, water and
sanitary sewer main replacement.
11. M &C C -25681 - Authorize Execution of a Contract with Humphrey & Morton
Construction Company, Inc., in the Amount of $486,416.40 for the Raider
Channel Improvements. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the execution of a contract
with Humphrey & Morton Construction Company, Inc., in the amount of $486,416.40, for
construction of the Raider Channel Improvements Project.
12. M &C C -25682 - Revise Mavor and Council Communication C -25462 to Authorize
an Additional Payment in the Amount of $247,971.50 to the Texas Department of
Transportation Under City Secretary Contract No. 37265 from the Amount of
$381,515.21 to the Amount of $247,971.50 for a Local Proiect Advance Funding
Agreement for Additional Costs Associated with the Construction and Inspection
of the Lebow Channel Roadway Crossing Project for a Total City Participation in
the Amount of $1,414,709.47. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Revise Mayor and Council
Communication C -25462 to authorize an additional payment in the amount of $247,971.50,
instead of the originally authorized amount of $381,515.21, to the Texas Department of
Transportation under City Secretary Contract No. 37265, a Local Project Advance Funding
Agreement, for additional project costs associated with the construction and inspection of the
Lebow Channel Roadway Crossing Project for a total City participation in the amount of
$1,414,709.47.
13. M &C C -25683 - Authorize Engineering Agreement with Freese and Nichols, Inc,
in the Amount of $389,184.00 for the Design of the Brennan Avenue Drainage
Improvements Project. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of an
engineering agreement with Freese and Nichols, Inc., in the amount of $389,184.00 for the
design of the Brennan Avenue Drainage Improvements Project.
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14. M &C C -25684 - Authorize Execution of Change Order Nos. 13 through 21 by the
Texas Department of Transportation Resulting in an Increased Contract Cost of
$197,307.05 for the Ongoing Construction of Golden Triangle Boulevard from 111-
35W to US 377 for a Total in the Amount of $18,922,079.51. (COUNCIL
DISTRICT 2)
The City Council approved the following recommendation: Authorize execution of Change
Order Nos. 13 through 21 by the Texas Department of Transportation for an increase to the
construction contract in the amount of $197,307.05 for the construction of Golden Triangle
Boulevard from IH -35W to US 377, thereby resulting in an overall increase of City participation
in the amount of $32,674.24 and a total contract in the amount of $18,922,079.51.
15. M &C C -25685 - Authorize Execution of a Contract with JLB Contracting, LLC,
in the Amount of $771,712.70 for Hot Mix Asphaltic Concrete Surface Overlay
2012 -7 at Various Locations. (COUNCIL DISTRICTS 5 and 8)
The City Council approved the following recommendation: Authorize the execution of a contract
with JLB Contracting, LLC, in the amount of $771,712.70 for 110 calendar days for Hot Mix
Asphaltic Concrete Surface Overlay 2012 -7 at various locations.
16. M &C C -25686 - Authorize Execution of a Contract with Advanced Paving
Acquisition, Ltd., in the Amount of $632,350.20 for Hot Mix Asphaltic Concrete
Surface Overlay 2012 -8 at Various Locations. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize the execution of a contract
with Advanced Paving Acquisition, Ltd., in the amount of $632,350.20 for 90 calendar days for
Hot Mix Asphaltic Concrete Surface Overlay 2012 -8 at various locations.
17. M &C C -25687 - Authorize Execution of an Interlocal Agreement with the City of
Keller to Install a Sanitary Sewer Line on Katy Road at No Cost to the City of
Fort Worth. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of an
Interlocal Agreement with the City of Keller to install a sanitary sewer line on Katy Road at no
cost to the City of Fort Worth.
19. M &C C -25688 - Authorize Execution of a Work Order with Job Order
Contractor, Yeargan Construction Company, LLC - The Mark IV Construction
Group, LLC, in the Amount of $50,348.28 to Provide a Female Restroom Facility
in Fire Station No. 6 and Authorize Execution of Amendment No. 1 to the Job
Order Contract with Yeargan Construction Company, LLC - The Mark IV
Construction Group, LLC, to Increase the Maximum Annual Contract Amount of
City Secretary Contract No. 35558 -R4 by $400,000.00 for a Total Amount of
$1,400,000.00. (COUNCIL DISTRICT 9)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 13 of 38
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 $50,348.28 to provide a female restroom facility in
Fire Station No. 6; and authorize the execution of Amendment No. 1 to the Job Order Contract
with Yeargan Construction Company, LLC — The Mark IV Construction Group, LLC, to
increase the maximum annual contract amount of City Secretary Contract No. 35558 -R4 by
$400,000.00, increasing this individual year's aggregate total from $1,000,000.00 to
$1,400,000.00.
20. M &C C -25689 - Authorize Execution of Change Order No. 1 to City Secretary
Contract No. 43041, a Construction Agreement with JLB Contracting, LLC,
Resulting in a Decrease in the Contract Amount of $99,835.10 for the
Construction of North Beach Street from Keller -Hicks Road to Timberland
Boulevard, Thereby Revising the Total Contract Amount from $7,028,141.20 to
$6,928,306.10. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize execution of Change
Order No. 1 to City Secretary Contract No. 43041, a construction agreement with JLB
Contracting, LLC, which results in a decrease in the amount of $99,835.10 for the construction
of North Beach Street, from Keller -Hicks Road to Timberland Boulevard, thereby revising the
total contract amount from $7,028,141.20 to $6,928,306.10.
21. M &C C -25690 - Authorize Reiection of Bids for College Avenue Sub -Drain from
Page Street to West Capps Street. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize the rejection of bids
received for the College Avenue Sub -drain Project from Page Street to West Capps Street.
22. M &C C -25691 - Authorize Execution of a Stormwater Facility Maintenance
Agreement with Montserrat Properties, LLC, for Property Located in the J. F.
Elliott Survey, Abstract 493, Tract CR -3. (COUNCIL DISTRICT 3)
The City Council approved the following recommendation: Authorize the execution of a
Stormwater Facility Maintenance Agreement with Montserrat Properties, LLC, for property
located in the J. F. Elliott Survey, Abstract 493, Tract CR -3, at no expense to the City.
23. M &C C -25692 - Authorize Execution of a Stormwater Facility Maintenance
Agreement with D.R. Horton - Texas, Ltd., for Property Located Near the
Southwest Quadrant of the Golden Triangle Boulevard /I -35 Interchange in the
William McGowan Survey, Abstract 999. (COUNCIL DISTRICT 2)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 14 of 38
The City Council approved the following recommendation: Authorize the execution of a
Stormwater Facility Maintenance Agreement with D.R. Horton- Texas, Ltd., for property located
near the Southwest Quadrant of the Golden Triangle Boulevard /I -35 Interchange in the William
McCowan Survey, Abstract 999, at no expense to the City.
24. M &C C -25693 - Authorize Execution of a Contract with Conatser Construction
TX, LP, in the Amount of $766,736.95 for Pavement, Sidewalks, Street Lights and
Drainage Improvements for Summer Creek Drive from Summer Park Drive to
Risinger Road and Authorize Execution of Amendment No. 3 to an Engineering
Agreement with Dunaway Associates, Inc., City Secretary Contract No. 39970, in
the Amount of $28,040.00 for the Provision of Construction Administration
Services for this Proiect. (COUNCIL DISTRICT 6)
The City Council approved the following recommendation: Authorize execution of a contract
with Conatser Construction TX, LP, in the amount of $766,736.95 for pavement, sidewalks,
street lights, and drainage improvements along Summer Creek Drive, from Summer Park Drive
to Risinger Road; and authorize execution of Amendment No. 3 to an engineering agreement
with Dunaway Associates, Inc., City Secretary Contract No. 39970, in the Amount of $28,040.00
for construction administration services including construction inspection, material testing, and
surveying for this project.
25. M &C C -25694 - Adopt Resolution Authorizing Execution of an Agreement with
the Texas Department of Transportation for Construction, Maintenance and
Operation of a Continuous Lighting System Along IH 20/820 from Hemphill
Street to Bryant Irvin Road. (COUNCIL DISTRICTS 3, 6 and 9)
The City Council approved the following recommendation: Adopt Resolution No. 4098 -07 -2012
authorizing the execution of an agreement with the Texas Department of Transportation for
construction, maintenance and operation of a continuous lighting system along IH 20/820, from
Hemphill Street to Bryant Irvin Road.
26. M &C C -25695 - Authorize Execution of an Intergovernmental Cooperative
Reimbursement Contract with the Texas Commission on Environmental Quality
in the Amount of $348,624.00 for the Operation of Local Air Pollution Monitors,
Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation
Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of an
Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on
Environmental Quality (TCEQ) in the amount of $348,624.00 for the contract period September
1, 2012, through August 31, 2013; adopt Appropriation Ordinance No. 20270 -07 -2012
increasing the estimated receipts and appropriations in the Grants Fund in Fiscal Year
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 15 of 38
2012 -2013, subject to receipt of an executed contract with the TCEQ, for the purpose of funding
the operation of local air pollution monitors; and apply indirect cost at the rate of 21.48 percent
in accordance with the terms of the Intergovernmental Cooperative Reimbursement Contract.
27. M &C C -25696 - Authorize Reiection of a Proposal for the Renovation of the
Auditorium Theatrical Lighting System at Will Rogers Memorial Center and
Authorize Re- Advertisement (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize the rejection of a proposal
for the renovation of the auditorium theatrical lighting system at the Will Rogers Memorial
Center and authorize re- advertising the renovation project for proposals.
28. M &C C -25697 - Authorize Execution of Amendment No. 4 to an Engineering
Agreement with Dunaway Associates, LP, in the Amount of $16,000.00 for
Additional Design Services for the Parking Access and Revenue Control System at
the Will Rogers Memorial Center (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 4 to an engineering agreement with Dunaway Associates, LP, in the amount of
$16,000.00 for additional design services for the Parking Access and Revenue Control System at
the Will Rogers Memorial Center.
29. M &C C -25698 - Adopt Resolution Authorizing an Increase of $200,000.00 in the
Maximum Amount to Be Paid to S.G. Johndroe, III and the Law Firm Cantey
Hanger, LLP, as Outside Counsel in the Alliance Airport Runway Extension
Project for a Total Amount Not to Exceed $700,000.00 (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Adopt Resolution No. 4099 -07 -2012
increasing the amount to be paid to S.G. Johndroe, III, and the law firm Cantey Hanger, LLP, as
outside counsel in the Alliance Airport Runway Extension Project for a total amount not to
exceed $700,000.00.
30. M &C C -25699 - Authorize Execution of a Utilitv Relocation Agreement with GTE
Southwest Incorporated d /b /a Verizon Southwest in the Amount of $84,575.18 for
Planning, Engineering and Relocation of Utilities Near Highway 114 as Part of the
Runway Extension Project at Fort Worth Alliance Airport (COUNCIL
DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a utility
relocation agreement with GTE Southwest Incorporated d/b /a Verizon Southwest in the amount
of $84,575.18 for planning, engineering and relocation of utilities as part of the Runway
Extension Project at Fort Worth Alliance Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 16 of 38
31. M &C C -25700 - Authorize Execution of a Utility Adjustment Agreement with
Millennium Telcom, LLC d /b /a OneSource Communications, in the Amount of
$201,895.70 for Construction Fees Associated with the Relocation of Fiber Optic
Lines Along John Day and Keller Haslet Roads as Part of the Runway Extension
Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize execution of a utility
adjustment agreement with Millennium Telcom, LLC, d/b /a OneSource Communications, in the
amount of $201,895.70 for construction fees associated with the relocation of fiber optic lines
along John Day and Keller Haslet Roads as part of the Runway Extension Project at Fort Worth
Alliance Airport.
32. M &C C -25701 - Authorize Execution of Consent to Assignment of Four Ground
Lease Agreements by Atlantic Aviation Services to FW American Aero Land
Company, LLC, and Issue a Lessor Estoppel Certificate for Lease Sites 17N, 19N,
20N, 22N and 11S at Fort Worth Meacham International Airport (COUNCIL
DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of consent
to assignment of four (4) ground lease agreements by Atlantic Aviation Services to FW
American Aero Land Company, LLC, and issue a lessor estoppel certificate for lease sites 17N,
19N, 20N, 22N and 11 S at Fort Worth Meacham International Airport.
33. M &C C -25702 - Authorize Execution of a Consent to Assignment of a Tank Farm
Lease and Public Fueling Agreement and a Fixed Base Operator Permit by
Atlantic Aviation Services to FW American Aero Operating Company, LLC, and
Issue a Lessor Estoppel Certificate for Fuel Farm Site No. 1 at Fort Worth
Meacham International Airport (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of consent
to assignment of a tank farm lease and public fueling agreement and a fixed base operator permit
by Atlantic Aviation Services to FW American Operating Company, LLC, and issue a lessor
estoppel certificate for Fuel Farm Site No. 1 at Fort Worth Meacham International Airport.
34. M &C C -25703 - Authorize Execution of a Consent to Assignment of a Hangar
Lease Agreement by Atlantic Aviation Services to GHA Terminal, LLC, and Issue
a Lessor Estoppel Certificate for Lease Site 11N at Fort Worth Meacham
International Airport (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of consent
to assignment of a hangar lease agreement by Atlantic Aviation Services to GHA Terminal,
LLC, and issue a lessor estoppel certificate for Lease Site IIN at Fort Worth Meacham
International Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 17 of 38
35. M &C C -25704 - Authorize Execution of an Engineering Agreement with
Lawrence Jeffrey Hamilton d/b /a Hamilton Civil Engineering in the Amount of
$_151,464.00 for Water and Sanitary Sewer Replacement Contract 2011, WSM -D
on Schadt Avenue, Market Avenue, Pearl Avenue, Prospect Avenue, Columbus
Avenue, Loving Avenue and Roosevelt Avenue and Adopt Appropriation
Ordinances (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the transfer of
$182,464.00 from the Water and Sewer Fund in the amounts of $154,802.00 to the Water Capital
Projects Fund and $27,662.00 to the Sewer Capital Projects Fund; adopt Appropriation
Ordinance No. 20271 -07 -2012 increasing the estimated receipts and appropriations in the Water
Capital Projects Fund, from available funds, for the purpose of Water and Sanitary Sewer
Replacement Contract 2011, WSM -D on Schadt Avenue, from NE 28th Street to NE 31st Street;
Market Avenue, from NW 25th Street to NW 26th Street; Pearl Avenue, from NW 25th Street to
NW 26th Street; Prospect Avenue, from NW 26th Street to Cliff Street; Columbus Avenue, from
NW 26th Street to NW 27th Street; Loving Avenue, from NW 26th Street to NW 28th Street;
Roosevelt Avenue, from NW 25th Street to NW 28th Street; adopt Appropriation Ordinance No.
20272 -07 -2012 increasing the estimated receipts and appropriations in the Sewer Capital
Projects Fund, from available funds, for the purpose of Water and Sanitary Sewer Replacement
Contract 2011, WSM -D on the streets listed above; and authorize the execution of a contract
with Lawrence Jeffrey Hamilton d/b /a Hamilton Civil Engineering in the amount of
$151,464.00.
36. M &C C -25705 - Authorize Execution of Engineering Agreement with Freese and
Nichols, Inc., in the Amount of $221,790.00 for Engineering and Design Services
for the Lake Worth Dredging Proiect Phase 2 and Adopt Appropriation
Ordinances (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20273 -07 -2012 increasing the estimated receipts and appropriations in the Lake Worth Gas
Lease Capital Improvement Fund in the amount of $221,790.00, from available funds, for the
purpose of engineering and construction services associated with the Lake Worth Dredging
Project Phase 2; authorize the transfer from the Lake Worth Gas Lease Capital Improvement
Fund to the Water Capital Projects Fund; adopt Appropriation Ordinance No. 20274 -07 -2012
increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from
available funds, for the purpose of engineering and construction services associated with the
Lake Worth Dredging Project Phase 2; and authorize the execution of a contract with Freese and
Nichols, Inc., for engineering and construction services associated with the project.
18. M &C C -25706 - Authorize Execution of the First Renewal to City Secretary
Contract No. 40126 with Ace Pipe Cleaning, Inc., in the Amount of $308,000.00
for the Interceptor Condition Assessment Program Contract 2, Larger Diameter
Sanitary Sewer Cleaning. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 18 of 38
The City Council approved the following recommendation: Authorize the execution of the first
renewal to City Secretary Contract No. 40126 with Ace Pipe Cleaning, Inc., in the amount of
$308,000.00 for the Interceptor Condition Assessment Program Contract 2, larger diameter
sanitary sewer cleaning.
37. M &C C -25707 - Authorize Execution of Amendment No. 1 with Schneider
Electric to City Secretary Contract No. 42116 for Alert Notification
Improvements at the Village Creek Wastewater Treatment Facility in the Amount
of $243,916.00 for a Total Contract in the Amount of $2,441,011.00 (COUNCIL
DISTRICT 5)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 1 with Schneider Electric to City Secretary Contract No. 42116 for Alert
Notification Improvements at the Village Creek Wastewater Treatment Facility in the amount of
$243,916.00 for a total contract amount of $2,441,011.00.
38. M &C C -25708 - Authorize Execution of Change Order No. 1 to City Secretary
Contract No. 42078 with William J. Schultz, Inc. d /b /a Circle "C" Construction
Company, in the Amount of $393,209.00 for a Total Contract Amount of
$2,361,819.00 for Sanitary Sewer Rehabilitation Contract 72, Part 2, on
Wilbarger Street (COUNCIL DISTRICTS 2 and 5)
The City Council approved the following recommendation: Authorize execution of Change
Order No. 1 to City Secretary Contract No. 42078 with William J. Schultz, Inc. d/b /a Circle "C"
Construction Company, in the amount of $393,209.00 for Sanitary Sewer Rehabilitation Contract
72, Part 2, on Wilbarger Street, thereby increasing the contract amount to $2,361,819.00.
39. M &C C -25709 - Authorize Execution of Amendment No. 2 with CDM Smith, Inc.,
in the Amount of $205,000.00 to City Secretary No. 36010, an Engineering
Agreement, for Additional Construction Services Required to Support the
Westside Water Treatment Plant Construction Contract (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 2 to the engineering agreement with CDM Smith, Inc., (formerly Camp Dresser
& McKee, Inc.) for the design of the Westside Water Treatment Plant, for additional
construction services, in the amount of $205,000.00, thereby increasing the amount of the
contract to $5,618,954.00.
XII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1855 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 19 of 38
C. Land — Removed from Consent Agenda for Individual Consideration
2. M &C L -15387 - Authorize Sale of Twenty -Eight 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 in the Amount of $206,303.34.
(COUNCIL DISTRICTS 2, 3, 5, 7 and 8)
It was the consensus of City Council that Mayor and Council Communication No. L -15387 be
continued until the July 17, 2012, Council meeting.
XIII. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of Proclamation of National Parks and Recreation Month
Mayor Pro tem Zimmerman presented the Proclamation for National Parks and Recreation
Month to Ms. Sheila Hill, Chair, Parks and Community Services Advisory Board. He stated that
since 1985, the U.S. House of Representatives had designated July as Parks and Recreation
Month. He further stated that parks and recreation were vitally important to establishing and
maintaining the quality of life in communities, ensuring the health of all citizens and contributing
to the economic and environmental well -being of the City and region. He added that the City
recognized the benefits derived from parks and recreation resources and programs as they
increased the community's economic prosperity and improved the overall quality of life for all
residents and visitors.
Ms. Hill expressed appreciation to the Council for the Proclamation and introduced other
members of the Parks and Community Services Advisory Board who were in attendance. She
also provided information relative to current and upcoming projects and recognized many
participants /volunteers from various Parks and Community Services programs.
Mayor Price expressed appreciation to Ms. Hill and all of the Board members for their service to
the City.
XIV. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
L Upcoming and Recent Events
Council Member Shingleton announced that the Lake Como Community Center Track Team
would be traveling to Corpus Christi to compete against other Community Center track teams in
Texas. He also introduced boy scouts from Troops 17 and 216, and advised they were working
on a local government merit badge.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 1010 2012
Page 20 of 38
Council Member Burns announced that the intersection of West Berry Street and University
Drive would be opened on July 16, 2012, approximately three weeks ahead of schedule.
Council Member Moss announced that the 5th Annual DFW Hip Hop for HIV concert would be
held on August 12, 2012. He stated that free confidential HIV /AIDS testing would be held
July 10, 2012, through August 11, 2012, throughout the City. He stated that those who were
tested would receive a free ticket to the concert. He also announced that a celebration honoring
Amanda Davis and other early African American settlers in the Stop Six area would be held on
July 18, 2011, from 10:00 a.m. to 61:00 p.m. at the Center for Stop Six Heritage, located at 5100
Willy Street.
Mayor Pro tem Zimmerman announced that Robert Utter recently passed away. He stated that
Mr. Utter was a World War II veteran and an active member of the community. He requested the
Council meeting be adjourned in his memory.
Mayor Price announced that Deputy Marshal Charletta Thompson passed away on July 8, 2012.
She advised that Deputy Marshal Thompson began her employment with the City in 2004 and
was a valued member of the Fort Worth family. She requested the Council meeting be adjourned
in her memory.
2 Recognition of Citizens
There were no citizens recognized at this time.
XV. PRESENTATIONS BY THE CITY COUNCIL
I. Chances in Membership on Boards and Commissions
Council Member Scarth recommended the following appointment on behalf of the Legislative
and Intergovernmental Affairs Committee:
• Mr. Bill Booker to Place 3 on the Downtown Design Review Board, with a term expiring
October 1, 2013.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton,
that Bill Booker be appointed to Place 3 on the Downtown Design Review Board,
with a term expiring on October 1, 2013. The motion carried unanimously 9 ayes to
0 nays.
XV I. 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
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 21 of 38
XVII. RESOLUTIONS
I. A Resolution Appointing Kelly Allen Gray as a Member of the Boards of Various
Non- Profit Corporations Benefitting the City of Fort Worth
The City Council adopted a Resolution appointing Kelly Allen Gray as a member of the Boards
of various non - profit corporations benefitting the City of Fort Worth as follows:
Entity Expiration of Term
Alliance Airport Authority, Inc. July 1, 2013
Central City Local Government Corporation April 30, 2013
Fort Worth Local Development Corporation July 1, 2013
Housing Finance Corporation July 1, 2013
Lone Star Local Government Corporation May 31, 2013
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns,
that Resolution No. 4100 -07 -2012 be adopted. The motion carried unanimously
9 ayes to 0 nays.
2. A Resolution Appointiny, a Resident of the City of Fort Worth to the Board of
,Trustees of the Employees' Retirement Fund of the City of Fort Worth
The City Council adopted a Resolution appointing William Crawford, a resident of the City of
Fort Worth to Place Number 11 on the Board of Trustees of the Employees' Retirement Fund of
the City of Fort Worth, with a term expiring August 31, 2013.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Moss,
that Resolution No. 4101 -07 -2012 be adopted. The motion carried unanimously
9 ayes to 0 nays.
3. A Resolution to Notify the Board of Trustees of the F.mplovees' Retirement Fund
of the City of Fort Worth that the Fort Worth City Council Intends to Consider
and Vote On Amendments to the Retirement Ordinance for Non -Civil Service
Employees Hired Before July 1, 2011, Police Officers hired Before January 1,
2013, and Police Officers Ilired On or After January 1, 2013, That Will Reduce a
Non - Accrued Benefit Provided By the Retirement System - Cost of Living
Adjustments
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 22 of 38
The City Council adopted a Resolution notifying the Board of Trustees of the Employees'
Retirement Fund of the City of Fort Worth that the Fort Worth City Council intends to consider
and vote on amendments to the retirement ordinance for non -civil service employees hired
before July 1, 2011, police officers hired before January 1, 2013, and police officers hired on or
after January 1, 2013, that will reduce a non - accrued benefit provided by the retirement system -
cost of living adjustments.
Officer Stephen Hall, representing the Fort Worth Police Officers Association, 904 Collier,
appeared before Council and advised that he was undecided on Resolution No. 3, he was
opposed to Resolution No. 4, and in support of Resolution No. 5.
Council Members Shingleton, Burns, Jordan and Scarth all stated that there were many difficult
issues to consider and the situation was very challenging. They pointed out that no decisions had
been made but the best interest of all City employees must be considered.
Council Member Allen Gray recused.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Resolution No. 4102 -07 -2012 be adopted. The motion carried 8 ayes to 0 nays, with
1 recusal by Council Member Allen Gray.
4. A Resolution to Notify the Board of Trustees of the Employees' Retirement Fund
of the City of Fort Worth That the Fort Worth Citv Council Intends to Consider
and Vote On Amendments to the Retirement Ordinance for Non -Civil Service
Employees hired Before July 1., 2011, Non -Civil Service Employees Mired After
,July 1, 2011, Police Officers Hired Before .January 1, 2013, and Police Officers
Hired On or After January 1, 2013, That Will Reduce a Non - Accrued Benefit
Provided By the Retirement System - Benefit Reductions
The City Council adopted a Resolution notifying the Board of Trustees of the Employees'
Retirement Fund of the City of Fort Worth that the Fort Worth City Council intends to consider
and vote on amendments to the retirement ordinance for non -civil service employees hired
before July 1, 2011, non -civil service employees hired after July 1, 2011, police officers hired
before January 1, 2013, and police officers hired on or after January 1, 2013, that will reduce a
non - accrued benefit provided by the retirement system - benefit reductions.
Council Member Allen Gray recused.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman,
that Resolution No. 4103 -07 -2012 be adopted. The motion carried 8 ayes to 0 nays,
with 1 recusal by Council Member Allen Gray.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 23 of 38
5. A Resolution to Notify the Board of Trustees of the Employees' Retirement Fund
of the City of Fort Worth That the Fort Worth City Council Intends to Consider
and Vote On Amendments to the Retirement Ordinance for Non -Civil Service
Employees Hired On or After July 1, 2011, Police Officers and Non -Civil Service
Employees Hired Prior to October 23, 2002, and Police Officers Hired On or
After January 1, 2013, That Will Reduce a Non - Accrued Benefit Provided By the
Retirement System - Fort Worth Police Officers Association Proposal
The City Council adopted a Resolution notifying the Board of Trustees of the Employees'
Retirement Fund of the City of Fort Worth that the Fort Worth City Council intends to consider
and vote on amendments to the retirement ordinance for non -civil service employees hired on or
after July 1, 2011, police officers and non -civil service employees hired prior to October 23,
2002, and police officers hired on or after January 1, 2013, that will reduce a non - accrued benefit
provided by the retirement system - fort worth police officers association proposal.
Council Member Allen Gray recused.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan,
that Resolution No. 4104 -07 -2012 be adopted. The motion carried 8 ayes to 0 nays,
with 1 recusal by Council Member Allen Gray.
XVIII. 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 June 22, 2012.
Mayor Price opened the public hearing.
1. ZC -12 -032 - (CD 9) - Treasure Wholesale, 600 & 604 W. Berry Street; from:
"MU -1" Low Intensity Mixed Use to: "PD /MU -1" Planned Development for all
uses in ":MU -1" Low Intensity Mixed Use plus wholesale warehouse; site plan
included. (Recommended for Denial by the Zoning Commission)
Mr. Fernando Florez, 2740 Hemphill, appeared before Council in opposition to Zoning Docket
No. ZC -12 -032.
Mr. Sean Lynch, 1601 College Avenue, completed an "undecided" speaker card and appeared
before Council relative to Zoning Docket No. ZC -12 -032.
Ms. Juanita Jimenez, 3006 South Jennings Avenue, submitted a comment card in opposition to
Zoning Docket No. ZC -12 -032.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 24 of 38
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Zoning Docket No. ZC -12 -032 be denied and that Treasure Wholesale must
cease operations at 600 & 604 W. Berry Street by December 31, 2012. The motion
carried unanimously 9 ayes to 0 nays.
2. ZC -12 -033 - (CD 3) - John M. Kelley, Jr., 2915 Riveri4len Drive; from: "F"
General Commercial to: "PD /F" Planned Development for all uses in "F"
General Commercial plus wine storage; site plan waiver recommended.
(Recommended for Approval by the Zoniny, Commission)
The following individuals completed speaker cards in support of Zoning Docket No. ZC -12 -033,
but did not wish to address the Council.
Mr. Terry Perkins, 314 Crossing Court, Keller, Texas 76248
Mr. Mark Nelson, 202 Donley Court, Southlake, Texas 76092
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth,
that Zoning Docket No. ZC -12 -033 be approved. The motion carried unanimously
9 ayes to 0 nays.
3. 7C -12 -042 - (CD 2) - Taly's Properties, Inc., 3240 NW 33rd Street; from: "A -5"
One - Family to: "PD /SU" Planned Development /Specific Use for arena, club
house, and stables; site plan included.(Recommended for Denial by the Zonint;
Commission) (Continued from a Previous Meeting)
The City Council at its Regular Meeting on June 5, 2012, continued Zoning Docket No.
ZC -12 -042.
Mr. Christopher Bonilla, representing the applicant, appeared before Council in support of
Zoning Docket No. ZC -12 -042. (provided handout and PowerPoint presentation)
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC -12 -042 be continued until the July 24, 2012, Council
meeting. The motion carried unanimously 9 ayes to 0 nays.
4. ZC -12 -048 - (CD 8) - Tomas Aguirre, 1128 McPherson Road; from: "ER"
Neighborhood Commercial Restricted and "E" Neighborhood Commercial to:
"A-43" One - Family (Recommended for Approval by the Zoning Commission)
Mr. Tomas Aguirre, 3708 South Adam Street, appeared before Council in support of Zoning
Docket No. ZC -12 -048.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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Page 25 of 38
Motion: Council Member Allen Gray made a motion, seconded by Council Member Espino,
that Zoning Docket No. ZC -12 -048 be approved. The motion carried unanimously
9 ayes to 0 nays.
5. SP -12 -001 - (CD 5) - Hendricks Commercial Properties, LLC, 5328 East
Lancaster Avenue; Amend site plan for "PD -490" Planned Development for "F"
General Commercial uses with exclusions, to include a screened outdoor storage
area in the front yard and temporary staging area for loading and offloading.
(Recommended for Denial by the Zoning Commission)
Mr. Christopher Bonilla, representing the applicant, appeared before Council in support of
Zoning Docket No. SP -12 -011. (provided handout)
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Zoning Docket No. SP -12 -001 be continued until the August 7, 2012, Council
meeting. The motion carried unanimously 9 ayes to 0 nays.
6. ZC -12 -049 - (CD 3) - John & Janet Thornhill, 2800 Alta Mere Boulevard from:
"FR" General Commercial Restricted to: "F" General Commercial
(Recommended for Approval by the Zoning Commission)
Mr. Jake Barron, 1120 North Industrial Boulevard, Euless, Texas 76039, completed a speaker
card in support of Zoning Docket No. ZC -12 -049, but did not wish to address the Council.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns,
that Zoning Docket No. ZC -12 -049 be approved. The motion carried unanimously
9 ayes to 0 nays.
(Council Member Scarth left his place at the dais.)
7. ZC -12 -050 - (CD 9) - John Chapman (Chapman Motors), 2931 Hemphill Avenue;
from: "A -5" One - Family to: "PD /SU" Planned Development /Specific Use for
office with development standards; site plan included. (Recommended for
Approval by the Zoning Commission)
The following individuals appeared before Council in support of Zoning Docket No. ZC -12 -050.
Mr. Fernando Florez, 2740 Hemphill Avenue
Mr. Henry Chapman, applicant, 2931 Hemphill Avenue
Mr. Paul Millender, 3121 Lipscomb Street, appeared before Council in opposition to Zoning
Docket No. ZC -12 -050.
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Page 26 of 38
Council Member Burns encouraged the applicant to meet with the neighbors in the area in order
to reach a compromise.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC -12 -050 be denied without prejudice. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Scarth absent.
8. ZC -12 -051 - (CD 5) - Chickasaw Property Investments, 4215 Chickasaw Avenue;
from: "E_" Neighborhood Commercial to: "PD /SU" Planned
Development /Specific Use for lumber yard with outdoor storage and drying kiln;
site plan included. (Recommended for Approval by the Zoning Commission)
Mr. Jason Nichols, 4215 Chickasaw Street, completed a speaker card in support of Zoning
Docket No. ZC -12 -051, but did not wish to address the Council.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC -12 -051 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Scarth absent.
9. ZC -12 -052 - (CD 3) - Edwards Geren Limited, Generally bounded by Bryant
Irvin Road, W. Vickery Boulevard, and the Trinity River, to: Amend 11PD -630"
Planned Development for all uses in MU -2 High Intensity Mixed Use with
September 2003 development standards to require a maximum 20 foot front
setback, minimum block length of 500 feet, maximum block length 1500 feet with
20% of the block length to be between 200 and 500 feet, and allow front yard
si<;nage; site plan waiver recommended. (Recommended for Approval by the
Zoning Commission as Amended to include block length language)
Mr. Richard Shaheen, 550 Bailey Avenue, Suite 400, submitted a comment card in support of
Zoning Docket No. ZC -12 -052.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan,
that Zoning Docket No. ZC -12 -052 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Scarth absent.
10. Z.0 -12 -054 - (CD 3) - Bryant Irvin Capital, LLC, 7001 Bryant Irvin Road; from:
"E" Neighborhood Commercial and "PD -396 to: Amend "PD -396" Planned
Development to add additional property and provide the required site plan for
assisted living. (Recommended for Approval by the Zoning Commission)
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan,
that Zoning Docket No. ZC -12 -054 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Scarth absent.
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1.1. ZC -12 -055 - (CD 2) - Crown Valley Aguisitions South L. P., 11.501 & 11601
Timberland Boulevard; from: "CF" Community Facilities and "E"
Neighborhood Commercial to: "A -5" One- Family. (Recommended for Approval
by the Zoning Commission)
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC -12 -055 be approved. The motion carried unanimously
8 ayes to 0 nays,with Council Member Scarth absent.
12. ZC-12 -056 - (CD 9) - City of Fort Worth Planning & Development, 2200 Block of
W. Rosedale Street South; from: "ER/HC" Neighborhood Commercial
Restricted /Historic & Cultural Overlay to: "B /HC" Two- Family /Historic &
Cultural Overlay (Recommended for Approval by the Zoning Commission)
The following individuals appeared before Council in support of Zoning Docket No. ZC -12 -056.
Ms. Jonnie Steed, 2220 West Rosedale Street South
Ms. Patsy Slocum, 2218 West Rosedale Street South
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC -12 -056 be approved. The motion carried unanimously
8 ayes to 0 nays, with Council Member Scarth absent.
City Secretary Kayser advised that Zoning Docket Nos. ZC -12 -057 thru ZC -12 -065 would be
considered under one motion.
13. ZC -12 -057 - (CD 7) - City of Fort Worth Planning & Development, 5512 & 5519
Bonnell; from: "ER" Neighborhood Commercial Restricted to "A -5" One - Family
(Recommended for Approval by the Zoning Commission)
14. ZC -12 -058 - (CD 7) - City of Fort Worth Planning & Development, 824 Springer
Avenue; from: "B" Two - Family to: "A -5" One - Family (Recommended for
Approval by the Zoning Commission)
15. ZC -12 -059 - (CD 5) - City of Fort Worth Planning & Development, 5016 Saunders
Road; from: "B" Two - Family to: "1" Light Industrial (Recommended for
Approval by the Zoning Commission)
16. ZC -12 -060 - (CD 8) - City of Fort Worth Planning and Development, 508 Marion
Avenue; from: "B" Two - Family to: "A -5" One - Family (Recommended for
Approval by the Zoning Commission)
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17. ZC -12 -061 - (CD 9) - City of Fort Worth Planning & Development, 2917 Cleburne
Road & 2921 James Avenue; from: "I" Light Industrial to: "E" Neighborhood
Commercial (Recommended for Approval by the Zoning Commission)
18. ZC -12 -062 - (CD 9) - City of Fort Worth Planning and Development, 1724 S,
Main Street; from: "F" General Commercial to: "ER" Neighborhood
Commercial Restricted (Recommended for Approval by the Zoning Commission)
19. ZC -12 -063 - (CD 9) - City of Fort Worth Planning & Development, 2605 May
Street; from "B" Two - Family to: "A -5" One - Family (Recommended for
Approval by the Zoning Commission)
20. ZC -12 -064 - (CD 9) - City of Fort Worth Planning & Development, 1925 May
Street; from: "B" Two - Family to: "A -5" One - Family (Recommended for
Approval by the Zoning Commission)
21. ZC -12 -065 - (CD 9) - City of Fort Worth Planning & Development, 3401 Ryan
Avenue; from "B" Two - Family to: "A -5" One - Family (Recommended for
Approval by the Zoning Commission)
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Zoning Docket Nos. ZC -12 -057, ZC -12 -058, ZC -12 -059, ZC -12 -060, ZC -12 -061,
ZC -12 -062, ZC -12 -063, ZC -12 -064, and ZC -12 -065 be approved. The motion
carried unanimously 8 ayes to 0 nays, with Council Member Scarth 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 cases,
Council Member Burns made a motion, seconded by Council Member Espino, that the hearing
be closed and that Ordinance No. 20275 -07 -2012 be adopted. The motion carried 8 ayes to
0 nays, with Council Member Scarth absent.
XIX. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General
1. M &C G -17623 - Adopt Ordinance Directing Publication of Notice of Intention to
Issue Combination `Fax and Revenue Certificates of Obligation in the Amount Not
to Exceed $1.05,000,000.00 and Authorize the Proceeds to Be Used for Critical
Capital Needs, Cost Over -Runs from the 2004 Bond Program, the Public Safety
Training Center and the Acquisition of Fire Equipment (ALL COUNCIL
DISTRICTS)
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Page 29 of 38
The recommendation was that the City Council adopt an Ordinance, which directs publication of
notice of the City's intention to issue Combination Tax and Revenue Certificates of Obligation,
Series 2012 in the amount not to exceed $105,000,000.00; approve the form of notice marked
"Exhibit A" attached to the ordinance; authorize the City Manager to cause said notice to be
published, in substantially the form attached to the ordinance, in a newspaper of general
circulation in the City of Fort Worth, Texas, for two (2) consecutive weeks, the date of the first
publication to be prior to the thirtieth day before the day tentatively proposed for authorizing the
issuance of the Certificates of Obligation as shown in said notice; and authorize the proceeds to
be used for critical capital needs, cost over -runs from the 2004 Bond Program, the Public Safety
Training Center and the acquisition of fire equipment as described in the Notice of Intention.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G -17623 be approved and Ordinance
No. 20276 -07 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays,
with Council Member Scarth absent.
(Council Member Scarth returned to his place at the dais.)
2. M &C G47624 - Authorize Change in the Affordability Period for Homebuyer
Assistance Program Loans Made from 1998 to 2003 to Correspond with Federal
Requirements (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council authorize the modification of Homebuyer
Assistance Program loans made from 1998 -2003 to reduce the affordability period from 15 years
to five (5) years to correspond with federal requirements.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. G -17624 be approved. The motion
carried unanimously 9 ayes to 0 nays.
3. M &C G -17625 - Approve Temporary Street Closure of :Main Street Between
Third Street and Fourth Street from September 24, 2012 through October 1, 2012
to Accommodate the Building of a Trinity Habitat for Humanity Home with XTO
Employees (COUNCIL DISTRICT 9)
The recommendation was that the City Council authorize the temporary closure of Main Street
from Third Street to Fourth Street as requested by Trinity Habitat for Humanity so a home can be
constructed in partnership with XTO employees.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. G -17625 be approved. The motion
carried unanimously 9 ayes to 0 nays.
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4. M &C G -17626 - Adopt Ordinance Amendinp, Appendix B, "Department of Code
Compliance ", Article II, "Code Compliance ", Division 2, "High Weeds and
Grass" of the Code of the City of Fort Worth (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council adopt an Ordinance amending Appendix B,
"Department of Code Compliance ", Article II, "Code Compliance ", Division 2, "High Weeds
and Grass" of the Code of the City of Fort Worth at Section I IA -8 "High Weeds and Grass
Prohibited" so as to remove references to the "average height" of weeds and grass and at Section
I IA -11 "Assessment of Expenses; Lien" to remove the provision that a lien may not be filed
against a property protected by the homestead provisions of the Texas Constitution.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman,
that Mayor and Council Communication No. G -17626 be approved and Ordinance
No. 20277 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays.
5. M &C G -17627 - Authorize Acceptance of Donations Valued in the Amount of
5523,000.00 from the Fort Worth Botanical Society, Inc., for Renovations to the
Japanese Garden and Design Work to the Rock Springs Area at the Fort Worth
Botanic Garden (COUNCIL DISTRICT 7)
The recommendation was that the City Council authorize the acceptance of donations valued in
the amount of $523,000.00 from the Fort Worth Botanical Society, Inc., for renovations to the
Japanese Garden and design and engineering plans for the Rock Springs area at the Fort Worth
Botanic Garden.
Council Member Shingleton expressed appreciation for the donation and recognized Ms. Dolores
Giesel, Fort Worth Botanical Society, Inc., who was in attendance at the meeting.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. G -17627 be approved. The motion
carried unanimously 9 ayes to 0 nays.
6. M &C C -17628 - Adopt Ordinance Designating Tax Abatement Reinvestment
"Zone No. 82, City of Fort Worth, 'Texas, for Property Located 5500 Alliance
Gateway Freeway (COUNCIL DISTRICT 2) (PUBLIC HEARING)
The recommendation was that the City Council hold a public hearing concerning the designation
of Tax Abatement Reinvestment Zone No. 82, City of Fort Worth, Texas; and adopt an
Ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment
Zone No. 82, City of Fort Worth, Texas ", pursuant to and in accordance with Chapter 312 of the
Texas Tax Code.
Mayor Price opened the public hearing.
CITY OF FORT WORTH, TEXAS
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a. Report of City Staff
Mr. Robert Sturns, Economic Development Manager, 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 Espino made a motion, seconded by Council Member Shingleton,
that the public hearing be closed and that Mayor and Council Communication No.
G -17628 be approved and Ordinance No. 20278 -07 -2012 be adopted. The motion
carried unanimously 9 ayes to 0 nays.
C. Purchase of Equipment, Materials, and Services - None
D. Land
I. M &C L -15392 - Approve Extension of the Fairfax Park Lease Agreement with
Chesapeake Exploration, LLC, for a Six Month Period in the Amount of
_$7,697.00 for Natural Gas Drilling Under 7.697 Acres, More or Less, of Fairfax
Park (COUNCIL DISTRICT 5)
The recommendation was that the City Council approve an extension of the Fairfax Park lease
agreement with Chesapeake Exploration, LLC, for a six (6) month period in the amount of
$7,697.00 for natural gas drilling under 7.697 acres, more or less, of Fairfax Park.
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 Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. L -15392 be approved. The motion
carried 8 ayes to 0 nays, with 1 abstention by Council Member Jordan.
2. M &C L -15393 - Authorize Execution_ of a Public Right- of-Wav Use Agreement
Granting Texas Midstream Gas Services, L.L.C., a License to Construct and
Operate an Eight -Inch Natural Gas Gathering Pipeline Across Nineteenth Street,
Across Jones Street and Along Lancaster Avenue (COUNCIL DISTRICT 9)
The recommendation was that the City Council authorize the City Manager to execute a public
right -of -way use agreement with Texas Midstream Gas Services, L.L.C., for a one (1) time
license fee in the amount of $163,398.40 and granting a license to construct and operate an eight
(8) inch natural gas gathering pipeline across Nineteenth Street, north of Jones Street; across
CITY OF FORT WORTH, TEXAS
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Jones Street, north of Lancaster Avenue, and along Lancaster Avenue, east of Calhoun Street to
the west of Lamar Street.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Mayor and Council Communication No. L -15393 be approved. The motion
carried unanimously 9 ayes to 0 nays.
3. M &C L -15394 - Authorize Condemnation by Eminent Domain of Certain
Propertv Owned by Kenneth and April Burrill at 18029 C. Tydiny's Road,
Consistinp, of 0.0281 Acres of Land Needed for a Pipeline Easement and 0.087
Acres of Land Needed for a ' Temporary Construction Easement to Facilitate
Construction of the Burlington Northern Santa Fe Main Line Track in
Connection with the Alliance Airport Runwav Extension Project (COUNCIL:
DISTRICT 2)
The recommendation was that the City Council declare that, based upon the Burlington Northern
Santa Fe Railroad Relocation Agreement executed May 17, 2010 (M &C C- 24205) between the
City and the Burlington Northern Santa Fe Railway Company, the Alliance Airport Runway
Extension Project is necessary in order to meet the City's transportation needs as well as to
provide for the public's convenience; declare that public convenience and necessity require the
acquisition, for relocation of the Burlington Northern Santa Fe (BNSF) Main Line Track of
0.0281 acre of land for a pipeline easement and 0.087 acre of land located at 1829 C. Tydings
Road, Justin, Texas 76247, legally described as portions out of Lot 8, Block 2, Hanby Acres
Addition, an addition in the C. Tydings Survey, Abstract No. 1276, Denton County, Texas, for a
temporary construction easement from Kenneth and April Burrill; authorize the City Manager
and his designee, TranSystems Corporation, to attempt to acquire the pipeline and temporary
construction easements for their fair - market values through good -faith negotiations with the
Burrill family and, if such negotiations are unsuccessful, authorize the City Attorney to acquire
the easements without mineral interests, as well as any remainders of such parcels where their
acquisition would be economically prudent, through eminent - domain proceedings under Texas
law; and authorize acceptance and recording of the appropriate instruments.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. L -15394 be approved and that the Fort
Worth City Council authorize the use of the power of eminent domain for the
Alliance Airport Runway Extension Project to acquire for the BNSF Main Line
Track relocation a 0.0281 acre parcel for a pipeline easement and a 0.087 acre
parcel for a temporary construction easement from Kenneth and April Burrill. The
land is legally described as portions out of Lot 8, Block 2, Hanby Acres Addition,
an addition in the C. Tydings Survey, Abstract No. 1276, Denton County, Texas,
also known as 1829 C. Tydings, Justin, Texas 76247. The pipeline easement and
temporary construction easement are described by metes and bounds and depicted
by survey plats attached to this M &C. The motion carried unanimously 9 ayes to 0
nays.
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4. M &C L, -15395 - Conduct a Public Hearing and Authorize the Use of a Portion of
Buck Sansom Park for the Purpose of Installing Storm Drainage Improvements
(COUNCIL DISTRICT 2) (PUBLIC HEARING)
The recommendation was that the City Council conduct a public hearing under the guidelines set
forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and
Recreational Lands; find that no feasible or prudent alternative exists to the use of Buck Sansom
Park located at 3600 Sansom Park Drive, west of Angle Avenue, north of Lydon Drive and
Kearny Avenue, east of 30th Street, 31st Street and 33rd Street, for the location of the proposed
storm drainage improvements; find that the proposed storm drainage improvements include all
reasonable planning to minimize harm to the parkland and will be constructed in Buck Sansom
Park as specified; and close the public hearing and authorize the use of approximately 0.032 acre
of Buck Sansom Park for the installation of storm drainage improvements.
Mayor Price opened the public hearing.
a. Report of City Staff
Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing
C. Council Action
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that the public hearing be closed and that Mayor and Council Communication
No. L -15395 be approved. The motion carried unanimously 9 ayes to 0 nays.
5. M &C L -15396 - Conduct a Public Hearing and Authorize Subsurface Drilling and
Extraction of Natural Gas Under Handley Park from an Off -Site Location
(COUNCIL DISTRICT 5) (PUBLIC HEARING)
The recommendation was that the City Council conduct a public hearing under the guidelines set
forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and
Recreational Lands to allow for the subsurface drilling and extraction of natural gas under
Handley Park located at 6201 Beaty Street, south of Greenlee Street, west of Haynie Street and
north of Beaty Street and east of East Loop 820 from an off -site location; find that no feasible or
prudent alternatives exist for the subsurface use of Handley Park as proposed; find that the
proposed use includes all reasonable planning to minimize harm to the parkland and that the
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proposed use will have no impact of the surface of parkland as specified; and close the public
hearing and authorize approval of the use of the subsurface of parkland for the drilling and the
extraction of natural gas.
Mayor Price opened the public hearing.
a. Report of City Staff
Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
C. Council Action
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 Moss made a motion, seconded by Council Member Shingleton,
that the public hearing be closed and that Mayor and Council Communication No.
L -15396 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by
Council Member Jordan.
E. Planning & Zoning - None
F. Award of Contract
C- 25710 - Authorize Execution of Tax Abatement Agreement with NGC
Renewables, LLC, or an Affiliated Entity for the Construction of a 120,000
Square Foot North American Headquarters and Manufacturing Facility at 5500
Alliance Gateway Freeway and Authorize Waiver of Certain Related
Development Fees (COUNCIL. DISTRICT 2)
The recommendation was that the City Council authorize the execution a Tax Abatement
Agreement with NGC Renewables, LLC, or an affiliated entity for the construction of a 120,000
square foot North American headquarters and manufacturing facility at 5500 Alliance Gateway
Freeway; and authorize the waiver of certain related development fees.
Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman
that Mayor and Council Communication No. C -25710 be approved, with
appreciation to the Housing and Economic Development Department staff. The
motion carried unanimously 9 ayes to 0 nays.
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2. M &C C -25711 - Authorize Execution of a Contract with JLB Contracting, LLC,
in the Amount of $1,097,556.99 for Hot Mix Asphaltic Concrete Surface Overlay
2012 -4 at Fourteen Locations and Adopt Appropriation Ordinances. (COUNCIL
DISTRICTS 4,5 and 8)
The recommendation was that the City Council authorize the transfer of $548,778.49 from the
Water and Sewer Fund in the amounts of $274,389.24 to the Water Capital Projects Fund and
$274,389.25 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing
the estimated receipts and appropriations in the Water Capital Projects Fund, from available
funds, for the purpose of Hot Mix Asphaltic Concrete Surface Overlay 2012 -4 at 14 locations;
adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the
Sewer Capital Projects Fund, from available funds, for the purpose of Hot Mix Asphaltic
Concrete Surface Overlay 2012 -4 at 14 locations; and authorize the execution of a contract with
JLB Contracting, LLC, in the amount of $1,097,556.99 for 140 calendar days for the project.
Motion: Council Member Moss made a motion, seconded by Council Member Allen Gray,
that Mayor and Council Communication No. C -25711 be approved and
Appropriation Ordinance Nos. 20279 -07 -2012 and 20280 -07 -2012 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
3. M &C C -25712 - Authorize Execution of a Contract with JLB Contracting, LLC,
in the Amount of $1,143,315.65 for Hot Mix Asphaltic Concrete Surface Overlay
2012 -5 at Multiple Locations and Adopt Appropriation Ordinances. (COUNCIL
DISTRICTS 5 and 8)
The recommendation was that the City Council Authorize the transfer of $571,657.82 from the
Water and Sewer Fund in the amounts of $285,828.91 to the Water Capital Projects Fund and
$285,828.91 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing
the estimated receipts and appropriations in the Water Capital Projects Fund, from available
funds, for the purpose of Hot Mix Asphaltic Concrete Surface Overlay 2012 -5 at multiple
locations; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations
in the Sewer Capital Projects Fund, from available funds, for the purpose of Hot Mix Asphaltic
Concrete Surface Overlay 2012 -5 at multiple locations; and authorize the execution of a contract
with JLB Contracting, LLC, in the amount of $1,097,556.99 for 120 calendar days for the
project.
Motion: Council Member Allen Gray made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. C -25712 be approved and
Appropriation Ordinance Nos. 20281 -07 -2012 and 20282 -07 -2012 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
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4. M &C C -25713 - Authorize Execution of a Professional Services Aareement with
Linebarger Goggan Blair and Sampson, LLP, for Collection of Delinquent
Parking and Criminal Citations. (ALL COUNCIL DISTRICTS)
The recommendation was that the City Council authorize the execution of a professional services
agreement with Linebarger Goggan Blair and Sampson, LLP, for collection of delinquent
parking and criminal citations.
Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C -25713 be approved. The motion carried
unanimously 9 ayes to 0 nays.
5. M &C C -25714 - Authorize Execution of a Contract with Burnsco Construction,
Inc., in the Amount of $,435,313.00 for Water Replacement Contract 2009,
WSM -E on Hillside Avenue, Pate Drive, Putnam Road and Stark Street and
Adopt Appropriation Ordinance. (COUNCIL DISTRICT 5)
The recommendation was that the City Council authorize the transfer of $1,529,313.00 from the
Water and Sewer Fund in the amounts of $871,051.00 to the Water Capital Projects Fund and
$658,262.00 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing
the estimated receipts and appropriations in the Water Capital Projects Fund, from available
funds, for the purpose of executing a contract with Brusco Construction, Inc., for Water
Replacement Contract 2009, WSM -E on Hillside Avenue, from Martin Street to Kellis Street;
Pate Drive, from East Berry Street to Baylor Street; Pate Drive, from Quails Lane to Hardeman
Drive; Putnam Road, from Greenlee Drive to Craig Street; and Stark Street, from Meadowbrook
Drive to East Lancaster Avenue; and authorize the execution of a contract with Burnsco
Construction, Inc., in the amount of $1,435,313.00 for Water Replacement Contract 2009,
WSM -E.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25714 be approved and
Appropriation Ordinance No. 20283 -07 -2012 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
6. M &C C -25715 - Authorize Execution of a Contract with S.J. Louis Construction
of Texas, Ltd, in the Amount of $8,442,158.00 for Water Main Phase I and East
Side Pump Station Discharge Header Replacement on Beach Street, Scott Avenue
and Avenue B. (COUNCIL DISTRICT 8)
The recommendation was that the City Council authorize the execution of a contract with S.J.
Louis Construction of Texas, Ltd, in the amount of $8,442,158.00 for East Side 54 42 inch Water
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 37 of 38
Main — Phase I (Unit 1) and East Side Pump Station Discharge Header Replacement (Unit 2) on
Beach Street, Scott Avenue and Avenue B.
Motion: Council Member Allen Gray made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C -25715 be approved. The motion
carried unanimously 9 ayes to 0 nays.
7. M &C C -25716 - Authorize Execution of a Contract with William J. Schultz Inc.
d /b /a Circle "C" Construction Company in the Amount of $1,441,842.00 for
Medical District Part 8 - Water Distribution System Improvements on Bradner
Street, Broadway Street, Henderson Street, Magnolia Avenue, St. Louis Avenue
and South Main Street. (COUNCIL DISTRICT 9)
The recommendation was that the City Council authorize the execution of a contract with
William J. Schultz, Inc. d/b /a Circle "C" Construction, Company in the amount of $1,441,842.00
for Medical District Part 8 — Water Distribution System Improvements on Bradner Street, from
250 feet South of Broadway Street to Broadway Street; Broadway Street, from Bradner Street to
Henderson Street; Henderson Street, from 150 feet north of Pennsylvania to Daggett Avenue;
Magnolia Avenue, from St. Louis Avenue to South Main Street; St. Louis Avenue, from
Magnolia Avenue to Morphy Street; South Main Street, from Magnolia Avenue to Feliks
Gwozdz Place.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. C -25716 be approved. The motion carried
unanimously 9 ayes to 0 nays.
XX. PUBLIC HEARING
1. Public Hearing on a Proposed Redistricting Plan for Fort Worth's Single Member
City Council Districts
a. Report of City Staff
Ms. Dana Burghdoff, Deputy Director, Planning and Development Department appeared before
Council and provided a staff report.
b. Public Comments
The following individuals appeared before Council in support of the proposed Redistricting Plan
for Fort Worth's Single Member City Council Districts.
Mr. Sean Lynch, 1601 College Avenue
Mr. Jerome Johnson, 5632 Cando Drive
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 10, 2012
Page 38 of 38
The following individuals appeared before Council in opposition to the proposed Redistricting
Plan for Fort Worth's Single Member City Council Districts.
Mr. Fernando Florez, representing the United Hispanic Council, 2740 Hemphill Avenue
(provided handout)
Mr. Antonio Morales, representing the American G.I. Forum, 5551 Vega Drive
Mr. Noble Reed, representing Greenway Neighborhood Association, 1715 Carver Avenue,
completed an "undecided" speaker card and appeared before Council relative to the proposed
Redistricting Plan for Fort Worth's Single Member City Council Districts.
Mayor Price, Mayor Pro tem Zimmerman, and Council Members Scarth, Moss, Jordan,
Shingleton, Burns and Allen Gray, all expressed support for the staff proposed Redistricting Plan
with the understanding that some minor changes may still occur within the coming weeks.
Council Member Espino stated his support of the United Hispanic Council of Tarrant County's
12 -C Plan.
C. Council Action
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton,
that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays.
XXI. CITIZEN PRESENTATIONS
Council Member Scarth advised that Mr. Tommy Simmons, a long time City employee, passed
away and requested the Council meeting be adjourned in his memory.
XXII.
XXI H.
EXECUTIVE SESSION (PRE- COUNCIL CHAMBER)
ADJOURNMENT
There being no further business, Mayor Price adjourned the Regular Meeting at 9:33 p.m. in
memory of Deputy Marshal Charetta Thompson, Mr. Robert Utter and Mr. Tommy Simmons.
These minutes approved by the Fort Worth City Council on the 17`x' day of July, 2012.
Attest:
ayJ.K
City Secret
A roved•
7
etsy ric
Mayor