HomeMy WebLinkAbout2012/11/12-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Present:
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 (Arrived at 7:46 p.m.)
Council Member Kelly Allen Gray, District 8
Council Member Joel Burns, District 9
Absent:
Mayor Betsy Price
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 Pro tern Zimmerman called the
regular session of the Fort Worth City Council to order at 7:03 p.m., on Monday,
November 12, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000
Throckmorton Street, Fort Worth, Texas 76102, with Mayor Price absent and Council Member
Shingleton temporarily absent.
II. INVOCATION - Father Andrew Petta, St. Barnabas the Apostle Church
The invocation was provided by Father Andrew Petta, St. Bamabas the Apostle Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF NOVEMBER
6, 2012 AND JOINT MEETING OF FORT WORTH CITY COUNCIL AND
FORT WORTH INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES
ON OCTOBER 24, 2012
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
the Minutes of the Regular Meeting of November 6, 2012, and the Joint Meeting of
Fort Worth City Council and Fort Worth Independent School District Board of
Trustees on October 24, 2012, be approved. The motion carried unanimously 7 ayes
to 0 nays, with Mayor Price and Council Member Shingleton absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 2 of 28
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
There were no items to be withdrawn from the Consent Agenda.
VL ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Higgins requested that Mayor and Council Communication No. C -25977 be
continued until the December 4, 2012, Council meeting.
VII. CONSENT AGENDA
Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that
the Consent Agenda be approved. The motion carried unanimously 7 ayes to 0
nays, with Mayor Price and Council Member Shingleton absent.
A. General - Consent Items
1. M &C G-17729 - Authorize Mid -Year Budget Adjustments in the General Fund to
Decrease Transportation and Public Works General Fund Budget and Revenue
Related to Parkway Permits and Increase Planning and Development's General
Fund Budget and Revenue Related to Parkway Permits, Approve Moving Five
Positions from Transportation and Public Works to Planning and Development
and Adopt Appropriation Ordinances. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Ordinance No. 20489 -11-
2012 increasing the estimated receipts and appropriations in the Planning and Development's
budget within the General Fund in the amount of $385,551.54 and decreasing the Transportation
and Public Works' budget by the same amount, for the purpose of funding five (5) parkway
services positions within the Planning and Development Department; adopt Ordinance No.
20490 -11 -2012 decreasing the estimated receipts and appropriations in the Transportation and
Public Works' revenue budget within the General Fund in the amount of $444,200.00 and
increasing the Planning and Development's revenue budget by the same amount, for the purpose
of funding five (5) parkway services positions within the Planning and Development
Department; and approve moving five (5) positions for Fiscal Year 2013 from Transportation
and Public Works to the Planning and Development Department.
2. M &C G-17730 - Adopt Resolution Nominating ATC Logistics & Electronics, Inc.,
as an Enterprise Project, Pursuant to the Texas Enterprise Zone Act, Chapter
2303, of the Texas Government Code. (COUNCIL DISTRICT 2)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 3 of 28
The City Council approved the following recommendation: Adopt Resolution No. 4145 -11 -2012
nominating ATC Logistics & Electronics, Inc., as an enterprise project, pursuant to the Texas
Enterprise Zone Act, Chapter 2303, of the Texas Government Code.
3. M &C G -17731 - Authorize Temporary Closure of W.R. Watt Drive, Burnett -
Tandy Drive, Gendy Street, Harley Avenue and Linden Avenue for Twenty -Eight
Days Beginning January 14, 2013 through February 10, 2013 and Trinity Park
Drive for Nine Days During the 2013 Southwestern Exposition and Livestock
Show. (COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Approve the request of the
Southwestern Exposition and Livestock Show to temporarily close the following streets
beginning January 14, 2013, through February 10, 2013: W.R. Watt Drive from Trail Drive north
to Burnett -Tandy Drive; Burnett -Tandy Drive from W.R. Watt Drive west to Gendy Street;
Gendy Street from Harley Avenue north to Lancaster Avenue; Harley Avenue from Gendy Street
to Trail Drive; Linden Avenue from Trail Drive to cell tower entrance; and Trinity Park Drive
from University Drive to Crestline Road (January 24, 2013, January 25, 2013, January 28, 2013,
January 30, 2013, January 31, 2013 and February 4, 2013, February 5, 2013, February 6, 2013,
and February 8, 2013).
4. M &C G -17732 - Approve Findings of Ground Transportation Coordinator
Regarding Renewal Application of Accent /Johnston, Inc. d/b /a AJL International,
to Operate Forty 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 40 limousines upon the City streets, alleys and thoroughfares;
Accent /Johnston Limousine, Inc., d/b /a AJL International, is qualified and financially able to
conduct a limousine service within the City; Accent /Johnston Limousine, Inc., d/b /a AJL
International, has complied with the requirements of Chapter 34 of the City Code;
Accent /Johnston Limousine, Inc., d/b /a AJL international, presented facts in support of
compelling demand and necessity for 40 limousines; the general welfare of the citizens of the
City will best be served by the addition of 40 limousines upon City streets, alleys and
thoroughfares; and adopt Ordinance No. 20491-11-2012 granting the privilege of operating
authority to Accent /Johnston Limousine, Inc., d/b /a AJL International, for the use of the streets,
alleys, and public thoroughfare of the City in the conduct of its limousine business, which shall
consist of the operation of 40 limousines for a one (1) year period beginning on the effective
date; specifying the terms and conditions of the grant; providing for written acceptance by
Accent/Johnston Limousine, Inc. d/b /a AJL International, subject to and conditioned on
Accent /Johnston Limousine, Inc., d/b /a AJL International, complying with all requirements of
Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 4 of 28
5. M &C G -17733 - Authorize Allocation of $74,178.00 from Utility Incentive
Rebates Deposited into the Special Trust Fund for Fiscal Year 2013 Staffing
Support for the Better Buildings Program Promoting Energy Conservation and
Adopt Appropriation Ordinances. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the allocation in the
amount of $74,178.00 from Utility Incentive Rebates Deposited into the Special Trust Fund for
Fiscal Year 2013 staffing support for the Better Buildings Challenge; adopt Appropriation
Ordinance No. 20492 -11 -2012 increasing the estimated receipts and appropriations in the Special
Trust Fund, from available funds, for the purpose of transferring said funds to the General Fund
for the purpose of continuing the Conservation Specialist position in the Transportation and
Public Works Department; authorize the transfer in the amount of $74,178.00 from the Special
Trust Fund to the General Fund; and adopt Supplemental Appropriation Ordinance No.
20493 -11 -2012 increasing the estimated receipts and appropriations in the General Fund, from
available funds.
6. M &C G -17734 - Approve Extension of Injury Leave of Absence Pay Benefits in
the Amount of $11,644.82 for Police Officer Lynda Knight. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Approve a three (3) month extension
of injury leave of absence pay benefits in the amount of $11,644.82 for Police Officer Lynda
Knight beginning November 30, 2012, and extending through February 28, 2013.
7. M &C G -17735 - Authorize Payment of Fees to the Texas Commission on Fire
Protection for State Required Examinations and Certifications for the Fire
Department for an Annual Amount Up to $200,000.00. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize the payment of fees to the
Texas Commission on Fire Protection for State required examinations and certifications for the
Fire Department for an annual amount up to $200,000.00.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11453 - Authorize Purchase Agreement with Western BRW Paper Co.,
Inc., for Fine Paper, Envelopes and Related Items for the Financial Management
Services Department/Reprographics Division in the Amount of $271,000.00. (ALL
COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 5 of 28
The City Council approved the following recommendation: Authorize a purchase agreement with
Western BRW Paper Co., Inc., for fine paper, envelopes and related items for the Financial
Management Services Department/Reprographics Division in the amount of $271,000.00.
2. M &C P -11454 - Authorize Non - Exclusive Purchase Agreements with Electric
Power Systems, Electrical Reliability Services, Inc., National Switchgear Systems
North Texas, Inc., and Shermco Industries, Inc., for Switchgear Repairs for All
City Departments for a Combined Amount Up to $1,000,000.00 for the First Year.
(ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize non - exclusive purchase
agreements with Electric Power Systems, Electrical Reliability Services, Inc., National
Switchgear Systems North Texas, Inc., and Shermco Industries, Inc., for switchgear repairs for
all City departments for a combined amount up to $1,000,000.00 for the first year.
3. M &C P -11455 - Authorize Purchase of Two Sewer Jetters from Texas
Underground, Inc., Using a Houston - Galveston Area Council Cooperative
Contract for the Water Department in the Amount of $77,163.00. (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the purchase of two (2)
sewer jetters from Texas Underground, Inc., using a Houston - Galveston Area Council
Cooperative Contract No. SCO1 -12 for the Water Department in the amount of $77,163.00.
4. M &C P -11456 - Authorize Sole Source Purchase of a Mobile Thermal Treatment
Unit from NABCO, Inc., for the Fire Department in the Amount of $263,500.00.
(ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the sole source purchase
of a Mobile Thermal Treatment Unit from NABCO, Inc., for the Fire Department in the amount
of $263,500.00.
C. Land - Consent Items
1. M &C L -15466 - Authorize Acuuisition of a Restrictive Easement on a 9.773 Acre
Parcel Located in the North Accident Potential Zone I of the Naval Air Station
Fort Worth Joint Reserve Base from James D. Finley and Authorize Execution of
a Lease with an Option to Purchase a 30.512 Acre City Fee -Owned Parcel with
James D. Finley. (COUNCIL DISTRICT 7)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 6 of 28
The City Council approved the following recommendation: Authorize the execution and
recording of the appropriate instruments for a restrictive easement for a 9.773 acre parcel located
in the North Accident Potential Zone I of the Naval Air Station Fort Worth Joint Reserve Base
from James D. Finley for the value of $613,000.00; and authorize a lease with an option to
purchase with James D. Finley or an entity in which he is the principal, for a 30.512 acres City
fee -owned parcel, including a lease for a period of 13 months, in consideration of certain actions
on the property by James D. Finley, and an option for the sale of the property for the value of
$915,360.00 to James D. Finley, or an entity in which he is the principal, to which sales price the
value of the restrictive easement will be applied, with net funds of $302,360.00 paid to the City.
2. M &C L -15467 - Authorize Acquisition of a Fee Simple Interest in 0.003 Acres of
Land for Right -of -Way and an Easement Interest in 0.170 Acres of Land for
Temporary Construction Located at 9900 North Beach Street from Fellowship of
the Parks Baptist Church in the Amount of $21,530.00 for the Widening of North
Beach Street from Vista Meadows Drive to Shiver Road and Payment of
Estimated Closing Costs in the Amount of $2,000.00. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the acquisition of a fee
simple interest in 0.003 acre of land for right -of -way, an easement interest in 0.170 acre of land
for a temporary construction easement located at 9900 North Beach Street, described as Block 2,
Fellowship Addition, from the Fellowship of the Parks Baptist Church for the widening of North
Beach Street from Vista Meadows Drive to Shiver Road; find that the amount of $21,530.00 is
just compensation for needed property interests; and authorize the acceptance of the
conveyances, record the appropriate instruments and pay the purchase price in the amount of
$21,530.00 and the estimated closing costs in the amount up to $2,000.00.
D. Planning & Zoning - Consent Items
1. M &C PZ -3001 - Adopt Ordinance Changing the Name of Springstone Drive to
Mesa Springs Drive from Granbury Road to its Terminus South of the
Intersection of Altamesa Boulevard and Granbury Road. (COUNCIL DISTRICT
6)
The City Council approved the following recommendation: Adopt Ordinance No.
20494 -11 -2012 changing the name of Springstone Drive to "Mesa Springs Drive ", from
Granbury Road to its terminus south of the intersection of Altamesa Boulevard and Granbury
Road.
2. M &C PZ -3002 - Adopt Ordinance Vacating a Portion of Warren Street and
Martin Lydon Avenue, Adopt Resolution Providing a Physical Closure of the
Railroad Crossing at West Gambrell Street West of the Southwestern Theological
Baptist Seminary and Authorize Crossing Closure Agreement with Burlington
Northern Santa Fe Railway Company. (COUNCIL DISTRICT 9)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 7 of 28
The City Council approved the following recommendation: Authorize the execution of a crossing
closure agreement with the Burlington Northern Santa Fe (BNSF) Railway Company to close the
railroad crossing to vehicular and pedestrian traffic in which BNSF Railway will reimburse the
City in the amount of $23,500.00 for the installation of barricades and other closure expenses;
adopt Ordinance No. 20495 -11 -2012 vacating and extinguishing a portion of Martin Lydon
Avenue and Warren Street, located in the Maria Arocha Survey, Abstract No. 1, in the City of
Fort Worth, Tarrant County, Texas, containing approximately 152,205 square feet or 3.494 acres
of land, providing for reversion of fee in said land; providing that the City shall retain all existing
utilities easements; adopt the Resolution No. 4146 -11 -2012 authorizing the closure of a portion
of West Gambrell Street west of the Southwestern Theological Baptist Seminary at the BNSF
railway crossing at Frazier Avenue; and waive any and all purchase fee value of the vacated land
in accordance with City Policy (M &C G- 15624).
E. Award of Contract - Consent Items
1. M &C C -25960 - Authorize Execution of Amendment No. 4 to Citv Secretar
Contract No. 19032 with Behringer Harvard Burnett Plaza, LP, in the Amount of
$122,221.14 to Extend the Term of the License Agreement for Rooftop Antenna
and Floor Space on Burnett Plaza. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 4 to City Secretary Contract No. 19032 with Behringer Harvard Burnett Plaza,
LP, in the amount of $122,221.14 to extend the term of the license agreement for rooftop antenna
and floor space on Burnett Plaza.
2. M &C C -25961 - Adopt Supplemental Appropriation Ordinance Increasing
Appropriations in the Information Systems Fund in the Amount of $99,385.99,
Authorize Execution of a Purchase Order with SecureWorks, Inc., in the Amount
of $14,447.17 and Authorize Execution of a Professional Services Agreement with
M &S Technologies, Inc., in the Amount of $84,938.82 for Cyber Security Services
Required for Compliance with the Payment Card Industry Data Security
Standard. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 20496 -11 -2012 increasing the estimated receipts and appropriations in the
Information Systems Fund in the amount of $99,385.99.00 and decreasing the available cash
balance in the Information Systems Fund by the same amount, for the purpose of purchasing
security services required for compliance with the Payment Card Industry Data Security
Standard; authorize execution of a purchase order with SecureWorks, Inc., in the amount of
$14,447.17 for cyber security services; and authorize execution of a professional services
agreement with M &S Technologies, Inc., in the amount of $84,938.82 for installation and
maintenance for cyber security services using Department of Information Resources Contract
DIR -SDD -1531 for the Information Technology Solutions Department.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 8 of 28
3. M &C C -25962 - Authorize Execution of Change Order No. 2 to City Secretary
Contract No. 45240 with Stabile & Winn, Inc., in the Amount of $77,603.75 for
Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on
Portions of Bird Street, Bonnie Brae Avenue, Clary Avenue, Concord Avenue and
Dalford Street for a Revised Contract Cost in the Amount of $2,162,379.00.
(COUNCIL DISTRICT 4)
The City Council approved the following recommendation: Authorize the execution of Change
Order No. 2 in the amount of $77,603.75 to City Secretary Contract No. 45240 with Stabile &
Winn, Inc., for pavement reconstruction and water and sanitary sewer replacement for the
following streets: 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, thereby revising the total contract cost
in the amount of $2,162,379.00.
4. M &C C -25963 - Authorize Execution of Amendment No. 2 to Citv Secretar
Contract No. 39645 an Engineering Services Agreement with Dunaway
Associates, LP, in the Amount of $386,543.00 for Additional Engineering Services
for Avondale Haslet Road from U.S. Highway 287 to Willow Creek Drive,
Resulting in a Revised Total Contract in the Amount of $1,157,784.00.
(COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 2 to City Secretary Contract No. 39645 with Dunaway Associates, LP,
increasing the scope of work, for a net change in the amount of $386,543.00, thereby revising the
original contract amount to $1,157,784.00.
5. M &C C -25964 - Authorize Execution of Amendment No. 3 to City Secretary
Contract No. 42021 an Engineering Services Agreement with Halff Associates,
Inc., in the Amount of $24,840.00 for Additional Engineering Services for Litsey
Road from Independence Parkway to Cleveland -Gibbs Road, Resulting in a
Revised Total Contract in the Amount of $443,340.00. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 3 to City Secretary Contract No. 42021 with Halff Associates, Inc., adding to
the scope of work for an increase in the fee amount of $24,840.00, for additional engineering
services for Litsey Road from Independence Parkway to Cleveland -Gibbs Road resulting in a
revised total professional services contract in the amount of $443,340.00.
6. M &C C -25965 - Authorize Execution of a Drainage Professional Services
Agreement with Shield Engineering Group, PLLC, in the Amount of $300,000.00
for Miscellaneous Storm Drain Improvements Proiect Design. (ALL COUNCIL
DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 9 of 28
The City Council approved the following recommendation: Authorize the execution of a
drainage professional services agreement with Shield Engineering Group, PLLC, in the amount
of $300,000.00 for miscellaneous storm drain improvements project design.
7. M &C C -25966 - Authorize Execution of an Interlocal Agreement with Tarrant
County College to Establish Concurrent Police Jurisdiction on Tarrant County
College Campuses Operating Within the Fort Worth City Limits. (COUNCIL
DISTRICTS 2, 7, 8 and 9)
The City Council approved the following recommendation: Authorize the execution of an
Interlocal agreement with Tarrant County College to establish concurrent police jurisdiction on
Tarrant County College campuses operating within the Fort Worth City limits..
8. M &C C -25967 - Adopt Supplemental Appropriations Ordinance, Ratify
Application for and Authorize Acceptance of, Two Grants from the Texas
Department of Transportation for the Comprehensive Selective Traffic
Enforcement Program in the Amount of $242,825.22 and for the Commercial
Motor Vehicle Selective Traffic Enforcement Program in the Amount of
$45,498.19, Authorize Expenditure in the Amount of $174,338.70 in Matching
Funds, Authorize Execution of Related Grant Agreements and Adopt
Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Adopt Supplemental Appropriation
Ordinance No. 20497 -11 -2012 increasing the estimated receipts and appropriations in the
Federal Awarded Assets Fund in the amount of $174,338.70 and decreasing the assigned fund
balance by the same amount, for the purpose of transferring said funds to the Grants Fund for
match requirement for the Fiscal Year 2013 Comprehensive Selective Traffic Enforcement
Program (STEP) and Commercial Motor Vehicle STEP Grants from the Texas Department of
Transportation (TxDOT); ratify the application for and authorize the acceptance of, if awarded,
the Fiscal Year 2013 Comprehensive STEP grant in the amount of $242,825.22 and the Fiscal
Year 2013 Commercial Motor Vehicle STEP grant in the amount of $45,498.19, both from
TxDOT; authorize the execution of contracts with TxDOT for the grants; authorize the transfer
in the amount of $174,338.70 from the Federal Awarded Assets Fund to the Grants Fund for the
City's match requirement for the grants; and adopt Appropriation Ordinance No.
20498 -11 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the
amount of $462,662.11, subject to receipt of the grants, for the purpose of funding the programs.
9. M &C C -25968 - Authorize Acceptance of Fiscal Year 2012 Homeland Security
Grant Funds from the State of Texas, Texas Department of Public Safety in the
Amount of $2,753,629.85, Approve Execution of All Applicable Grant Contracts
and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 10 of 28
The City Council approved the following recommendation: Authorize the acceptance of an
award in the amount up to $2,753,629.85 of Fiscal Year 2012 Homeland Security Grant Funds
from the State of Texas, Texas Department of Public Safety consisting of Urban Area Security
Initiative grant, Catalog Federal Domestic Assistance (CFDA) No. 97.067 in the amount of
$2,151,709.85; Urban Area Security Initiative Law Enforcement Terrorism Prevention Activities
grant, CFDA No. 97.008 in the amount of $601,920.00; authorize the execution of all applicable
grant contracts; and adopt Appropriation Ordinance No. 20499 -11 -2012 increasing the estimated
receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of
enhancing local capabilities to prevent, respond to and recover from acts of terrorism and natural
disasters.
10. M &C C -25969 - Authorize Amendment of Mayor and Council Communication C-
25435 to Add Southwestern Gas Pipeline, Inc., to the Utility Adjustment
Agreement with Devon Energy Production Company, L.P., with Revised Amounts
of $1,729,315.00 to be Paid to Devon Energy Production Company, L.P., and the
Amount of $1,932,559.00 to Southwestern Gas Pipeline, Inc., for Alliance Airport
Runway Extension Utility Relocations. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the amendment of Mayor
and Council Communication C- 25435, which authorized a utility adjustment agreement with
Devon Energy Production Company, L.P., in the amount not to exceed $3,661,874.00 to add
Southwestern Gas Pipeline, Inc., to the utility adjustment agreement and amend the amounts as
follows: Devon Energy Production Company, L.P., the amount of $1,932,559.00 and
Southwestern Gas Pipeline, Inc., the amount of $1,729,315.00.
11. M &C C -25970 - Adopt Resolution Authorizing an Increase in the Amount of
$200,000.00 to the Maximum Amount to be Paid to S.G. Johndroe, III and the
Law Firm Cantey Hanger, LLP, as Outside Counsel for Legal Matters Related to
the Alliance Airport Runway Extension Project for a Total Amount of
$1,100,000.00. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Adopt Resolution No. 4147 -11 -2012
authorizing an increase in the amount of $200,000.00 to the maximum amount to be paid to S.G.
Johndroe, III, and the law firm Cantey Hanger, LLP, as outside legal counsel for the Alliance
Airport Runway Extension Project for a total amount of $1,100,000.00.
12. M &C C -25971 - Authorize Execution of a Hangar and Ground Lease Agreement
with Broadie's Aircraft and Engine Service, Inc., for Lease Site 2N at Fort Worth
Meacham International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a hangar
and ground lease agreement with Broadie's Aircraft and Engine Service, Inc., for lease site 2N at
Fort Worth Meacham International Airport.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 11 of 28
13. M &C C -25972 - Authorize Execution of a Terminal Building Office Lease
Agreement with Check -6 Training Systems, Inc., for Suite 230 at Fort Worth
Meacham International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a terminal
building office lease agreement with Check -6 Training Systems, Inc., Suite 230 at Fort Worth
Meacham International Airport.
14. M &C C -25973 - Authorize Amendment No. 1 to City Secretary Contract No.
33809, an Unimproved Ground Lease Agreement, with Texas Jet Partners, L.P.,
for Lease Sites 18N, 23N, 24N, 25N -30N and 36N at Fort Worth Meacham
International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize Amendment No. 1 to City
Secretary Contract No. 33809, an unimproved ground lease agreement, with Texas Jet Partners,
L.P., for lease sites 18N, 23N, 24N, 25N -30N and 36N at Fort Worth Meacham International
Airport.
15. M &C C -25974 - Authorize Execution of a Ground Lease Agreement with
Mandatory Improvements with Hangar 24N, L.L.C., for Lease Site 24N -A at Fort
Worth Meacham International Airport. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a ground
lease agreement with mandatory improvements with Hangar 24N, L.L.C., for lease site 24N -A at
Fort Worth Meacham International Airport.
16. M &C C -25975 - Authorize Temporary Road Closure of Four Streets Intersecting
Henderson Street from Pennsylvania Avenue to Daggett Avenue from November
13, 2012 to February 11, 2013 to Facilitate the Replacement of a Water Main
Along Henderson Street. (COUNCIL DISTRICT 9)
The City Council approved the following recommendation: Authorize the temporary road
closure of four (4) streets intersecting Henderson Street from Pennsylvania Avenue to Daggett
Avenue from November 13, 2012, to February 11, 2013, to facilitate the replacement of a water
main along Henderson Street. The four (4) streets are Daggett Avenue, Broadway Avenue, Peter
Smith Street and Tucker Street.
17. M &C C -25976 - Authorize Execution of a Contract with the Boys & Girls Clubs
of Greater Fort Worth, Inc., to Operate the Comin' Up Gang Intervention
Program. (COUNCIL DISTRICTS 2, 3, 4, 5, 7, 8 and 9)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 12 of 28
The City Council approved the following recommendation: Authorize the execution of a contract
with the Boys & Girls Clubs of Greater Fort Worth, Inc., to operate the Comin' Up Gang
Intervention Program.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1869 - Notice of Claims for Alleged Damages and /or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of Proclamation for Texas Municipal League Week
Council Member Jordan read the Proclamation for Texas Municipal League (TML) Week and
stated he would officially present the Proclamation at the TML Conference. He further stated
that in the summer of 1913, Austin Mayor A.P. Wooldridge issued a call to the cities of Texas to
come to Austin to consider the creation of an association to allow officials to confer on
municipal issues and he invited representatives from all Texas cities to a convention in Austin on
November 4, 1913. He pointed out that since its founding, the TML has existed solely to provide
services to Texas cities with the mission to serve the needs and advocate the interests of its
members and today, more than 1,120 Texas cities are members of the Texas Municipal League
including over 16,000 mayors, council members, city managers, city attorneys and city
department heads as member officials of the League by virtue of their cities participation. He
stated that especially on their 100th anniversary, the City of Fort Worth greatly appreciated the
TML for their ongoing efforts to serving the City of Fort Worth and all cities in Texas.
2. Presentation of Proclamation for Snowball Express Day
A short video was shown and Mayor Pro -Tem Zimmerman presented the Proclamation for
Snowball Express Day to Buck Kern, Executive Director, Snowball Express. He stated that
Snowball Express was a program designed to connect families who shared a common bond with
the loss of a father, mother, son, daughter, brother or sister and was founded with the idea of
providing hope and new memories to the children of our fallen military heroes. He pointed out
that with the assistance of many volunteers and generous donations from both individual and
corporate sponsors the annual Snowball Express had become a successful and fun experience.
Mr. Kern expressed appreciation for the Proclamation and noted that on December 2, 2012, the
Snowball Express will be in Fort Worth. He also presented the Council with challenge coins
which represented the support of their mission and cause.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 13 of 28
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Mayor Pro tem Zimmerman requested clarification of the holiday garbage collection information
from Mr. Brandon Bennett, Director, Code Compliance Department.
Mr. Bennett advised that the information in the City Times incorrectly stated that two "pay bags"
of trash would be picked up curbside following the Thanksgiving and Christmas holidays. The
City Times should have stated two 30 gallon trash bags would be picked up curbside following
the Thanksgiving and Christmas holidays. He stated that individuals who used their "pay bags"
would either be compensated or given new pay bags.
Council Member Jordan announced that November 11, 2012, was Veterans Day. He recognized
all of the Veterans in the audience and expressed appreciation for their service to their country.
Council Member Espino requested that the Council meeting be adjourned in memory of Ms.
Mary Alice Pena, a long time resident of Northside, who passed away on November 6, 2012.
Council Member Burns announced that the Paschal High School Gift Market would be held on
November 17, 2012, from 9:00 a.m. to 4:00 p.m. He also announced the grand opening of the
Moncrief Cancer Institute would be held on November 19, 2012. He also advised that the Parade
of Lights would be held in Sundance Square on November 23, 2012, at 6:00 p.m. He encouraged
everyone to visit the President John F. Kennedy tribute on Main Street between 8th and 9th
Streets. He also advised that those wishing to donate to the maintenance of the tribute could find
more information at www.jfktribute.com.
Mayor Pro tern Zimmerman provided historical information relative to the speech given by
President John F. Kennedy in Fort Worth outside of the Texas Hotel on November 22, 1963. He
stated that the President discussed the emerging Tactical Fighter Experimental military aviation
technology and the recent shift in United States foreign policy from isolationism to a conceptual
framework that encouraged cooperative international partnerships. Mayor Pro tern Zimmerman
advised of his long time involvement in establishing an Aviation Museum in the City. He stated
that the museum should not be a strain on public resources or funded by the tax payers. He
challenged civic and business leaders in the City and in North Texas to find a way to make an
aviation museum a reality.
2. Recotnition of Citizens
There were no citizens recognized at this time.
3. Approval of Ceremonial Travel
There was no approval necessary of ceremonial travel.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 14 of 28
XI. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
There were no changes in membership on boards and commissions.
XIL PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS,
COMMISSIONS AND /OR CITY COUNCIL COMMITTEES
1. Report by the Construction and Fire Prevention Board of Appeals
There was no report by the Construction and Fire Prevention Board of Appeals.
X1II. RESOLUTIONS
1. A Resolution Adoptiny, the City of Fort Worth's 2013 Federal Legislative
Program
It was recommended that the City Council approve a Resolution adopting the City of Fort
Worth's 2013 Federal Legislative Program.
Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that
Resolution No. 4148 -11 -2012 be adopted. The motion carried unanimously 7 ayes
to 0 nays, with Mayor Price and Council Member Shingleton absent.
2. A Resolution Adontin2 the Citv of Fort Worth's 2013 State Legislative Program
It was recommended that the City Council approve a Resolution adopting the City of Fort
Worth's 2013 State Legislative Program.
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
Resolution No. 4149 -11 -2012 be adopted. The motion carried unanimously 7 ayes
to 0 nays, with Mayor Price and Council Member Shingleton absent.
XIV. ZONING HEARING
Mayor Pro tem Zimmerman opened the public 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 October 23, 2012.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 15 of 28
1. ZC -12 -097 - (CD 8) - Elton M. Hyder, Jr. Charitable & Education Fund, 501 Old
Highway 1187, from: "CR" Low Density Multifamily to: "CF" Community
Facilities. (Recommended for Approval by the Zoning Commission)(Continued
from a Previous Meeting) (Continued from a Previous Meeting)
The City Council at its Regular Meeting on October 9, 2012, continued Zoning Docket No.
ZC -12 -097.
Mr. Bill Baird, 6300 Ridglea Place, Suite 700, completed a speaker card in support of Zoning
Docket No. ZC -12 -097, but did not wish to address the Council.
Motion: Council Member Allen Gray made a motion, seconded by Council Member Burns,
that Zoning Docket No. ZC -12 -097 be approved. The motion carried unanimously
7 ayes to 0 nays, with Mayor Price and Council Member Shingleton absent.
2. ZC -12 -098 - (CD 9) - Williams -Pyro, Inc., 2711 & 2717 Whitmore Street and 2716
Weisenberp,er Street; from: "A -5" One - Family and "B" Two - Family to: 11MU -1"
Low Intensity Mixed Use and "J" medium Industrial (Recommended for
Approval by the Zoning Commission)
Mr. Jim Schell, 901 Fort Worth Club Building, completed a speaker card in support of Zoning
Docket No. ZC -12 -098, but did not wish to address the Council.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that
Zoning Docket No. ZC -12 -098 be approved. The motion carried unanimously 7
ayes to 0 nays, with Mayor Price and Council Member Shingleton absent.
3. ZC -12 -101 - (CD 5) - Ben Fer Inc.. Tarrant Acquisition. CFW Water Department:
9200 - 9900 blocks of Trammel Davis Road from: "0-1" Floodplain and "PD-
710" Planned Development /Specific Use for a wastewater treatment facility and
Police firing range to: "PD /SU" Planned Development /Specific Use for a
helicopter training facility and vehicle storage; site plan included. (Recommended
for Approval by the Zoning Commission)
Ms. Mary Kelleher, 7901 Randol Mill Road, appeared before Council in opposition to Zoning
Docket No. ZC -12 -101.
Mr. Brian Chase, representing Bell Helicopter, 600 East Hurst Boulevard, appeared before
Council in support of Zoning Docket No. ZC -12 -101.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 16 of 28
The following individuals completed speaker cards in support of Zoning Docket No. ZC -12 -101,
but did not wish to address the Council.
Ms. Hillary VonAhsen, 801 Cherry Street
Mr. Chris Jackson, 1305 Sand Verbena Way
Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that
Zoning Docket No. ZC -12 -101 be approved. The motion carried unanimously 7
ayes to 0 nays, with Mayor Price and Council Member Shingleton absent.
4. ZC -12 -107 - (CD 7) - Keller Haslet All Storage, Ltd., 4868 Keller Haslet Road &
12649 Katv Road; from: "I" Light Industrial to: "PD /I" Planned Development
for all uses in "I" Light Industrial plus mini storaze, site plan included.
(Recommended for Approval by the Zoning Commission)
Mr. Coy Quine, 301 South Sherman Street, Suite 100, Richardson, Texas 75081, appeared before
Council in support of Zoning Docket No. ZC -12 -017
Motion: Council Member Jordan, on behalf of Council Member Shingleton made a motion,
seconded by Council Member Espino, that Zoning Docket No. ZC -12 -107 be
approved. The motion carried unanimously 7 ayes to 0 nays, with Mayor Price and
Council Member Shingleton absent.
There being no one else present desiring to be heard in connection with the recommended
changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases,
Council Member Jordan, on behalf of Council Member Shingleton made a motion, seconded by
Council Member Espino, that the hearing be closed and that Ordinance No. 20500 -11 -2012 be
adopted. The motion carried 7 ayes to 0 nays, with Mayor Price and Council Member Shingleton
absent.
XV. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General
1. M &C G -17645 - Adopt Ordinance Amending Chapter 6 of the City Code to Enact
a Program for the Management of Feral Cats to Allow for the Implementation of
a Trap- Neuter- Return Program in Fort Worth. (ALL COUNCIL DISTRICTS)
(Continued from a Previous Meeting)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 17 of 28
It was recommended that the City Council adopt an Ordinance amending Chapter 6 "Animals
and Fowl" of the Code of the City of Fort Worth, Texas (1986) as amended, for the purpose of
enacting a program for the management of feral cats through a Trap- Neuter -Return program by
amending Article I "In General ", Section 6 -1 "Definitions" to amend the definition of the owner
of an animal and to add new definitions; by adding a new Article XII "Feral Cats" to describe the
responsibilities of owners of domesticated cats, the requirements for feral cat colonies, the
responsibilities of feral cat colony sponsors and feral colony cat caretakers, describing remedies
when feral cats cause a nuisance, providing for removal of feral colony cats, and describing
enforcement for the provisions of Article XII.
(Council Member Shingleton assumed his place at the dais.)
The following individuals appeared before Council in support of Mayor and Council
Communication No. G- 17645.
Mr. Andrew Keefer, 823 Congress, Suite 1200
Ms. Liz Holtz, 7920 Norfolk Avenue, Bethesda, Maryland 20814 (provided handout)
Ms. Suzanne Dunlap, 10614 Lone Pine Lane
Ms. Michael Wright, 4508 Geddes Avenue
Mr. Steve Epstein, 1617 Steinburg Lane, completed a speaker card in opposition to Mayor and
Council Communication No. G- 17645, but did not wish to address the Council.
The following individuals completed an "undecided" speaker card and appeared before Council
relative to Mayor and Council Communication No. G- 17645.
Ms. Cari Alexander, TCU Box 298400
Ms. Laurie Fojtik, 3212 Mt. Vernon Avenue
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. G -17645 be approved with the
following change: to adopt the substitute Ordinance provided to the City Council
and City Secretary amending Chapter 6 of the City Code to allow the Code
Compliance Director to implement a feral cat Trap- Neuter -Return program, as
outlined in the Code Compliance Director's presentation and that Ordinance No.
20501 -11 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with
Mayor Price absent.
Council Member Shingleton recognized Boy Scouts Cameron and Leo D'Agostino, sons of
Timmie and Dr. Darrin D'Agostino and welcomed them to the Council meeting.
2. M &C G -17736 - Adopt Ordinance to Properly Record Fees in the Amount of
$116,053.35 Paid to JPMoraan Chase Bank, N.A., in Fiscal Year 2011 -2012 for
Banking and Consultant Services Provided in Conjunction with the City's Gas
Lease Program. (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 18 of 28
It was recommended that the City Council adopt an Appropriation Ordinance increasing the
estimated receipts and appropriations in Fiscal Year 2011 -2012 in various funds in the amount of
$116,053.35, from available funds, for the purpose of banking and consultant services provided
in conjunction with the City's Gas Lease Program.
Mayor Pro tem Zimmerman and Council Members Burns, Espino, Allen Gray, Scarth and Jordan
all disclosed personal banking relationships with Chase Bank, N.A. They stated that the City
Attorney advised that this did not pose a conflict of interest.
Motion: Council Member Moss made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -17736 be approved and Appropriation
Ordinance No. 20502 -11 -2012 be adopted. The motion carried unanimously 8 ayes
to 0 nays, with Mayor Price absent.
3. M &C G -17737 - Authorize Application and Acceptance of Federal Funding
Under the 2012 Transportation Enhancement Prop_ram for the Trinity Trails
Clear Fork - East Bank Extension in the Amount of $3,500,000.00 and
Bicycle/ Pedestrian Elements on the North Main Street Bridge, Trinity River
Vision - Central City Project in the Amount of $2,000,000.00. (COUNCIL
DISTRICTS 2 and 9)
It was recommended that the City Council authorize the application for federal funding under the
2012 Transportation Enhancement Program for the Trinity Trails Clear Fork — East Bank
Extension in the amount of $3,500,000.00 and Bicycle /Pedestrian Elements on the North Main
Street Bridge, Trinity River Vision - Central City Project in the amount of $2,000,000.00.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. G -17737 be approved. The motion
carried unanimously 8 ayes to 0 nays, with Mayor Price absent.
4. M &C G -17738 - Adopt Resolution Authorizinp, Employment of Wayne K. Olson
of the Law Firm of Taylor Olson Adkins Sralla Elam as Outside Counsel for the
Amount Not to Exceed $5,000.00 to Advise the Ethics Review Committee
Rep,ardinp_ a Request by Council Member Kelly Allen Gray for an Advisory
Opinion on Participating in Certain City Council Matters. (ALL COUNCIL
DISTRICTS)
It was recommended that the City Council approve the employment of Wayne K. Olson of the
Law Firm of Taylor Olson Adkins Sralla Elam as outside counsel to advise the Ethics Review
Committee regarding a request by Council Member Kelly Allen Gray for an advisory opinion on
future participation in certain City Council matters; and adopt a Resolution approving the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 19 of 28
retention of Wayne K. Olson of the Law firm of Taylor Olson Adkins Sralla Elam as outside
legal counsel to represent the Ethics Review Committee and setting in advance, as far as
practicable, the amount to be paid to Wayne K. Olson not to exceed $5,000.00.
Council Member Allen Gray recused from voting on this item.
Motion: Council Member Burns made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G -17738 be approved and Resolution No.
4150 -11 -2012 be adopted. The motion carried unanimously 7 ayes to 0 nays, with
Council Member Allen Gray recused and Mayor Price absent.
5. M &C G -17739 - Adopt Ordinance Amending Chanter 34 of the Fort Worth Cit
Code, as Amended, by Amending Article V1, Sections 34 -200, 34 -203, 34 -206, 34-
209, 34 -300, 34 -331, 34 -332, 34 -333, 34 -335, 34 -336 and Adding Section 34 -337
Relating to Ground Transportation Vehicles for Hire to Regulate Group Cycle
Services. (ALL COUNCIL DISTRICTS)
It was recommended that the City Council adopt an Ordinance of the City Council of the City of
Fort Worth, Texas, amending City Code Chapter 34, "Vehicles for Hire," Article VI, "Ground
Transportation for Hire," by adding the definition of "Group Cycle" to Section 34 -200, Section
1, Division 1, "General Provisions;" by amending Section 34 -203, "Application," Section 34-
206, "Increase or Reduction in Specified Number of Vehicles for Hire; Annual Review," Section
34 -209, "Consent Required for Transfer of Operating Authority; Consent Required for Transfer
of Ownership or Control;" by amending Division 6, "Pedicab," Section 34 -330, "Scope of
Division 6," Section 34 -331, "Minimum Number of Pedicabs Needed for Operating Authority;
Renewals," Section 34 -332, "Pedicab Designated Areas," Section 34 -333, "Area/Time
Exception," Section 34 -335, "Pedicab Equipment," Section 34 -336 "Inspections;" adding
Section 34 -337, "Alcohol on a Pedicab or Group Cycle ".
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Mayor and Council Communication No. G -17739 be approved and Ordinance No.
20503 -11 -2012 be adopted. The motion carried 8 ayes to 0 nays, with Mayor Price
absent.
6. M &C G -17740 - Approve Findings of Ground Transportation Coordinator
Regarding Application of Cowtown Cvcle Pub, LLC, to Operate One Group
Cycle Within the City of Fort Worth and Adopt Ordinance Granting Authority.
(ALL COUNCIL DISTRICTS)
It was recommended that the City Council consider and adopt the following findings of the
Ground Transportation Coordinator: the public necessity and convenience require the operation
of one (1) group cycle upon the City streets, alleys and thoroughfares; Cowtown Cycle Pub,
LLC, is qualified and financially able to conduct a group cycle service within the City; Cowtown
Cycle Pub, LLC, will comply with the requirements of Chapter 34 of the City Code, including
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 20 of 28
the new requirements regarding group cycle services; Cowtown Cycle Pub, LLC, presented facts
in support of compelling demand and necessity for one (1) group cycle; the general welfare of
the citizens of the City will best be served by the addition of one (1) group cycle upon City
streets, alleys and thoroughfares; and adopt an Ordinance granting the privilege of operating
authority to Cowtown Cycle Pub, LLC, for the use of the streets, alleys and public thoroughfares
of the City in the conduct of its limousine business which shall consist of the operation one (1)
group cycle for one (1) year period beginning on the effective date; providing for written
acceptance by Cowtown Cycle Pub, LLC, subject to and conditioned on Cowtown Cycle Pub,
LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort
Worth (1986), as amended.
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. G -17740 be approved and Ordinance
No. 20504 -11 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays,
with Mayor Price absent.
7. M &C G -17741 - Consideration of a Waiver Request by Devon Enemy Production
Company, L.P., for a Multiple Gas Well Pad Site Permit Less Than 600 Feet from
a Protected Use at the Porter Pad B Lease Located at 11498 Willow Springs _Road.
(COUNCIL DISTRICT 7) (PUBLIC HEARING)
It was recommended that the City Council consider a waiver request from Devon Energy
Production Company, L.P., for a multiple gas well pad site permit less than 600 feet from a
protected use for the Porter Pad B Lease located at 11498 Willow Springs Road.
Mayor Pro tem Zimmerman opened the public hearing.
a. Report of Citv Staff
Mr. Rick Trice, Assistant Director — Gas Well, Planning and Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
Ms. Wendy Wharton, Senior Land Field Representative, Devon Energy, 777 Main Street,
appeared before Council and provided an overview of the waiver request.
C. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that the public hearing be closed and that Mayor and Council Communication No.
G -17741 be approved. The motion carried unanimously 8 ayes to 0 nays, with
Mayor Price absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 21 of 28
8. M &C G -17742 - Consideration of a Waiver Request by Devon Energy Production
Co., L.P., for a Multiple Gas Well Pad Site Permit Less than 600 Feet from a
Protected Use at the Todd North Pad D Lease Located at 11498 Willow Springs
Road. (COUNCIL DISTRICT 7) (PUBLIC HEARING)
It was recommended that the City Council consider a waiver request from Devon Energy
Production Company, L.P., for a multiple gas well pad site permit less than 600 feet from a
protected use for the Porter Pad D Lease located at 11498 Willow Springs Road.
Mayor Pro tem Zimmerman opened the public hearing.
a. Report of City Staff
Mr. Rick Trice, Assistant Director — Gas Well, Planning and Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
Ms. Wendy Wharton, Senior Land Field Representative, Devon Energy, 777 Main Street,
appeared before Council and provided an overview of the waiver request.
Mr. John Sisson, 908 Carrington Court, appeared before Council in opposition to Mayor and
Council Communication No. G- 17742.
Council Member Shingleton asked Mr. Sisson for clarification on when he purchased his
property.
Mr. Sisson clarified that he purchased the property in October 2003 and stated that pad site D
was in place in February 2003.
C. Council Action
(Council Member Espino left his place at the dais and did not return.)
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that the public hearing be closed and that Mayor and Council Communication No.
G -17742 be approved. The motion carried unanimously 7 ayes to 0 nays, with
Mayor Price and Council Member Espino absent.
9. M &C G -17743 - Consider a Waiver for a Multiple Gas Well Pad Site Permit Less
Than 600 Feet from a Protected Use Requested by Devon Energy Production Co.,
L.P., for the Todd North Pad E Lease Located at 11498 Willow Springs Road.
(COUNCIL DISTRICT 7) (PUBLIC HEARING)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 22 of 28
It was recommended that the City Council consider a waiver request from Devon Energy
Production Company, L.P., for a multiple gas well pad site permit less than 600 feet from a
protected use for the Porter Pad E Lease located at 11498 Willow Springs Road.
Mayor Pro tem Zimmerman opened the public hearing.
a. Report of City Staff
Mr. Rick Trice, Assistant Director — Gas Well, Planning and Development Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
Ms. Wendy Wharton, Senior Land Field Representative, Devon Energy, 777 Main Street,
appeared before Council and provided an overview of the waiver request.
Council Member Shingleton requested clarification on which direction the drilling lines would
be running.
Ms. Wharton clarified that the drilling lines would run in a northwest direction.
Council Member Moss asked Ms. Wharton how many of 16 waivers were received from the
property owners.
Ms. Wharton advised that Devon had not received any waiver.
Council Member Jordan asked Ms. Wharton if there was a gas pipeline in place.
Ms. Wharton advised that there was a pipeline in place.
Council Member Scarth requested clarification from Mr. Trice regarding setbacks.
Mr. Trice advised that the Railroad Commission did not have any setback requirements but the
City did have a 300 foot requirement setback for new wells.
Mr. John Sisson, 908 Carrington Court, appeared before Council in opposition to Mayor and
Council Communication No. G- 17743.
C. Council Action
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 23 of 28
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that the public hearing be closed and that Mayor and Council Communication No.
G -17743 be approved, with appreciation to staff. The motion carried 6 ayes to 1
nay, with Council Member Moss casting the dissenting vote and Mayor Price and
Council Member Espino absent.
10. M &C G-17744 - Conduct Public Hearing and Adopt Ordinance Establishing Tax
Increment Reinvestment Zone Number Fourteen, City of Fort Worth, Texas,
Trinity Lakes TIF. (COUNCIL DISTRICT 4 & 5) (PUBLIC HEARING)
It was recommended that the City Council hold a public hearing concerning the designation of
Tax Increment Reinvestment Zone Number 14, City of Fort Worth, Texas, for tax increment
financing purposes; and adopt an Ordinance designating a certain contiguous geographic area in
the City of Fort Worth as "Tax Increment Reinvestment Zone Number 14, City of Fort Worth,
Texas "; creating a board of directors for the Zone; providing the effective and termination dates
for the Zone; establishing a tax increment fund for the Zone; and containing other matters related
to the Zone, pursuant to Chapter 311 of the Texas Tax Code and containing specific findings of
fact in support thereof.
Mayor Pro tem Zimmerman opened the public hearing.
a. Report of City Staff
Ms. Marguerite Allen, Business Development Corrdinator, Housing and Economic Development
Department, appeared before Council and provided a staff report.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council
Communication No. G- 17744.
Mr. Kenneth Newell, 2550 S. Precinct Line Road
Dr. Gene Buinger, 1849 Central Drive, Bedford, Texas 76022
Mr. Cecil Driskell, Jr., 9008 Riverfalls Drive
Mr. Bob Horton, 9104 Autumn Falls Drive
Council Member Moss stated that this TIF was also located in Council District 5.
Council Member Scarth expressed appreciation to staff for their involvement on this project and
reiterated the importance of this TIF to the area.
C. Council Action
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 24 of 28
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
the public hearing be closed and that Mayor and Council Communication No.
G -17744 be approved and Ordinance No. 20505 -11 -2012 be adopted. The motion
carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member
Espino absent.
C. Purchase of Equipment, Materials, and Services - None
D. Land
1. M &C L -15468 - Authorize Execution of a Four Month Above Ground Temporary
Water Line Permit Agreement with Texas Midstream Gas Services, L.L.C., in the
Amount of $4,000.00 for City Owned Property Described as Block 14, Lot 4A of
the Sycamore Heights Addition, Located Near 1750 Beach Street, West of
Gateway Park. (COUNCIL DISTRICT 8)
It was recommended that the City Council authorize execution of a four (4) month above ground
temporary water line permit agreement with Texas Midstream Gas Services, L.L.C., in the
amount of $4,000.00 for one (1) three (3) inch pipe across City owned property located near
1750 Beach Street, west of Gateway Park with a legal description of Block 14, Lot 4A of the
Sycamore Heights Addition.
Motion: Council Member Allen Gray made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. L -15468 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member
Espino absent.
2. M &C L -15469 - Conduct Public Hearing, Authorize Use of a Portion of Chisholm
Trail Park for an Electric Utility Easement and Authorize Conveyance of
Easement to Oneor Electric Delivery Company, LLC. (COUNCIL DISTRICT 6)
(PUBLIC HEARING)
It was recommended that the City Council conduct a public hearing under the guidelines set forth
by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational
Lands; find that no feasible or prudent alternative exists for the use of Chisholm Trail Park for
the location of the proposed electric easement servicing the Chisholm Trail Community Center;
find that the proposed electric utility easement includes all reasonable planning to minimize
harm to the parkland and including that all lines and equipment will be constructed in Chisholm
Trail Park as specified; close the public hearing and authorize the use of approximately 0.136
acre of dedicated parkland at the Chisholm Trail Park for an electric utility easement; and
authorize the conveyance of an electric utility easement to Oncor Electric Delivery Company,
LLC, at Chisholm Trail Park located at 4680 McPherson Boulevard, south of Risinger Road
West, north of McPherson Boulevard and west of North Crowley High School and North
Crowley High School 9th Grade Campus.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 25 of 28
Mayor Pro tem Zimmerman opened the public hearing.
a. Report of City Staff
Mr. Richard Zavala, Assistant Director, Parks and Community Services Department, appeared
before Council and provided a staff report.
b. Citizen Presentations
There were no citizen presentations.
C. Council Action
Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton,
that the public hearing be closed and that Mayor and Council Communication No.
L -15469 be approved. The motion carried 6 ayes to 0 nays, with 1 abstention by
Council Member Scarth and Mayor Price and Council Member Espino absent.
E. Planning & Zoning - None
F. Award of Contract
1. M &C C -25977 - Authorize Execution of a Contract with JLB Contracting. LLC
in the Amount of $1,929,961.63 for the Construction of a Four Lane Detour Along
Henderson Street from Just North of White Settlement Road to Just South of the
West Fork of the Trinity River, Provide for Construction Contract Costs,
Contingencies, and Construction Services in the Amount of $260,000.00 and
Adopt Appropriation Ordinances. (COUNCIL. DISTRICTS 2 and 9)
It was recommended that the City Council adopt an Appropriation Ordinance increasing the
estimated receipts and appropriations in the Special Trust Fund (Trinity River Vision Project) in
the amount of $1,500,000.00, from available funds, for the purpose of transferring said funds to
the Street Improvements 2008 Fund for executing a contract for the Henderson Detour Project
from just north of White Settlement Road to just south of the West Fork of the Trinity River;
authorize the transfer of funds from the Special Trust Fund (Trinity River Vision Project) to the
Street Improvements 2008 Fund; adopt an Appropriation Ordinance increasing the estimated
receipts and appropriations in the Street Improvements 2008 Fund, from available funds, for the
purpose of executing a contract for the Henderson Detour Project; and authorize execution of a
contract in the amount of $1,929,961.63 with JLB Contracting, LLC, for the project.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 26 of 28
It was the consensus of the City Council that Mayor and Council Communication No. C -25977
be continued until the December 4, 2012, Council meeting.
2. M &C C -25978 - Adopt Resolution Authorizing a Local Project Advance Funding
Agreement with the Texas Department of Transportation in an Amount Not to
Exceed $15,908,644.00 for Design and Construction of the North Riverside Drive
Bridge Over Interstate Highway 820. (COUNCIL DISTRICT 4)
It was recommended that the City Council adopt a Resolution authorizing execution of a local
project advance funding agreement with the Texas Department of Transportation (TxDOT) in an
amount not to exceed $15,908,644.00 for design and construction of the North Riverside Drive
Bridge over Interstate Highway 820; and authorize an additional payment to TxDOT in the
amount not to exceed $2,708,644.00 for a revised total cost of $15,908,644.00.
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C -25978 be approved and Resolution No.
4151 -11 -2012 be adopted. The motion carried unanimously 7 ayes to 0 nays, with
Mayor Price and Council Member Espino absent.
3. M &C C -25979 - Authorize Execution of an Agreement with Jacobs EnOneerin
Group, Inc., in the Amount of $2,334,494.00 for Program Management and
Design Services for Phase 9 of the Runway Extension Project at Fort Worth
Alliance Airport. (COUNCIL DISTRICT 2)
It was recommended that the City Council authorize the execution of an agreement with Jacobs
Engineering Group, Inc., in the amount of $2,334,494.00 for program management and design
services for Phase 9 of the Runway Extension Project at Fort Worth Alliance Airport.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25979 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member
Espino absent.
4. M &C C -25980 - Ratify Acceptance of Grant Agreement No. 3 -48- 0296 -048 -2012
_ Awarded by the Federal Aviation Administration in the Amount of $1,784,000.00
to be Used for the Acquisition of Avigation Easements in Accordance with the
Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport and Adopt
Appropriation Ordinance. (COUNCIL DISTRICT 2)
It was recommended that the City Council ratify the acceptance of Grant Agreement No. 3 -48-
0296- 048 -2012 awarded by the Federal Aviation Administration increasing the grant amount by
$24,000.00 for a total grant amount of $1,784,000.00 to be used for the acquisition of avigation
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 27 of 28
easements in accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance
Airport; authorize the use of additional land credits in the amount of $2,666.67 for a total amount
of $198,222.22 for the City of Fort Worth's in -kind local match of ten (10) percent of the project
cost; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations
in the Airports Grant Fund, in the amount of $26,666.67, subject to receipt of additional funds
from the Federal Aviation Administration Grant, for the purpose of acquisition of the avigation
easements for Fort Worth Alliance Airport.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. C -25980 be approved and
Appropriation Ordinance No. 20506 -11 -2012 be adopted. The motion carried
unanimously 7 ayes to 0 nays, with Mayor Price and Council Member Espino
absent.
5. M &C C- 25981 - Authorize Amendment to City Secretary Contract No. 30908
with Renda Environmental, Inc., for a Five -Year Extension of The Village Creek
Water Reclamation Facility Solids Dewatering, Processing and Disposal Program
and Gas Turbine Operations and Maintenance Contract Until March 31, 2020 for
an Estimated Five -Year Cost in the Amount of $44,011,228.00. (COUNCIL
DISTRICT 5)
It was recommended that the City Council authorize the execution of an amendment for a five
(5) year extension of City Secretary Contract No. 30908 with Renda Environmental, Inc., of the
Village Creek Water Reclamation Facility Solids Dewatering, Processing and Disposal program
and gas turbine operations and maintenance until March 31, 2020, for a five (5) year cost of
$44,011,228.00.
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25981 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member
Espino absent.
6. M &C C -25982 - Authorize Execution of a Contract with S.J. Louis Construction
of Texas, Ltd, in the Amount of $4,920,941.11 for East Side II 54 -inch Water Main
- Phase 3 from Scott Avenue to Vickery Boulevard. (COUNCIL DISTRICT 81
It was recommended that the City Council authorize the execution of a contract in the amount of
$4,920,941.11 with S.J. Louis Construction of Texas, Ltd, for East Side II 54 -inch water main -
Phase 3 from Scott Avenue to Vickery Boulevard.
Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. C -25982 be approved. The motion
carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member
Espino absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 2012
Page 28 of 28
XVI. CITIZEN PRESENTATIONS
Ms. Mary Kelleher, 7901 Randol Mill Road, appeared before Council relative to the gas well
drilling ordinance.
XVII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) - SEE ATTACHMENT B
XVIII. ADJOURNMENT
There being no further business, Mayor Pro tem Zimmerman adjourned the Regular Meeting at
8:59 p.m., in memory of Ms. Mary Alice Pena, who passed away November 6, 2012.
These minutes approved by the Fort Worth City Council on the 4th day of December, 2012.
Attest:
Mary J. Kayse/1/1'
City Secretary`'
Approved:
C/U ! /,
W.B. "Zi ' Zimm an
Mayor Pro tern