HomeMy WebLinkAbout2012/12/04-Minutes-City CouncilCITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 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 Kelly Allen Gray, District 8
Council Member Joel Burns, District 9
Staff Present:
Tom Higgins, City Manager
Sarah Fullenwider, City Attorney
Mary J. Kayser, City Secretary
L CALL TO ORDER
With a quorum of the City Council Members present, Mayor Price called the regular session of
the Fort Worth City Council to order at 7:03 p.m., on Tuesday, December 4, 2012, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102.
II. INVOCATION - Pastor Lynn White, Trinity Christian Church
In the absence of Pastor Lynn White, the invocation was provided by Pastor Sultan Cole of
Revealed Word Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF
NOVEMBER 12, 2012
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth,
that the Minutes of the Regular Meeting of November 12, 2012, be approved. The
motion carried unanimously 9 ayes to 0 nays.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Higgins advised that Mayor and Council Communication No. G -17745 was placed
on the Consent Agenda in error by the City Manager's Office. He stated that Council and public
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
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input was anticipated on this item; however, the item was inadvertently placed on the Consent
Agenda. He advised that he would remove the item from the Consent Agenda to allow for
discussion by interested parties.
City Manager Higgins also requested that Mayor and Council Communication No. G -17749 be
withdrawn from the Consent Agenda for individual consideration.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items to be continued or withdrawn by staff.
VII.
CONSENT AGENDA
Motion: Council Member Scarth made a motion, seconded by Council Member Moss that,
the Consent Agenda be approved as amended. The motion carried unanimously 9
ayes to 0 nays.
A. General - Consent Items
2. M &C G -17746 - Authorize Payment to the Atmos Gas Cities Steering Committee
to Fund Participation in Dockets, Rate Cases and Other Proceedings Related to
Gas Utility Regulations. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the payment in the amount
of $37,061.00 to the Atmos Cities Steering Committee to fund participation in current and
upcoming dockets, rate cases and other proceedings related to gas utility regulations.
3. M &C G-17747 - Authorize Payment of the City of Fort Worth's Fiscal Year 2013
Membership Dues to the Texas Coalition of Cities for Utility Issues in the Amount
of $27,500.00 (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize a payment in the amount
of $27,500.00 to Texas Coalition of Cities for utility issues for the Fiscal Year 2013 City of Fort
Worth membership dues.
4. M &C G -17748 - Approve Findings of Ground Transportation Coordinator
Regarding Application of Choice Valet, Inc. d /b /a Choice Transport, to Operate
Three 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 three (3) limousines upon the streets, alleys and thoroughfares in the City of Fort
CITY OF FORT WORTH, TEXAS
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Worth (City); Choice Valet, Inc., d/b /a Choice Transport is qualified and financially able to
conduct a limousine service within the City; Choice Valet, Inc., d/b /a Choice Transport has
complied with the requirements of Chapter 34 of the City Code; Choice Valet, Inc., d/b /a Choice
Transport presented facts in support of compelling demand and necessity for three (3)
limousines; and the general welfare of the citizens of the City will best be served by the addition
of three (3) limousines upon City streets, alleys and thoroughfares; adopt Ordinance No.
20507 -12 -2012 granting the privilege of operating authority to Choice Valet, Inc., d/b /a Choice
Transport, 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 three (3) limousines for a one (1)
year period beginning on the effective date; providing for written acceptance by Choice Valet,
Inc., d/b /a Choice Transport, subject to and conditioned on Choice Valet, Inc., d/b /a Choice
Transport complying with all requirements of Chapter 34, Article VI of the Code of the City of
Fort Worth (1986), as amended.
6. M &C G -17750 - Authorize Purchase Agreement with Four Points Technology,
LLC_ , for Disaster Recovery Planning for the Water Department's Information
and Billing System Using a General Services Administration Agreement in the
Amount Not to Exceed $54,984.00 for the First Year. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: That the City Manager authorize the
execution of a purchase agreement with Four Points Technology, LLC, for high availability and
disaster recovery planning services for the Water Department's customer information and billing
system, using General Services Administration Contract No. GS- 35F- 0553P, in the amount not
to exceed $54,984.00 for the first year.
B. Purchase of Equipment, Materials, and Services - Consent Items
1. M &C P -11457 - Authorize Purchase Agreements with Midwest Tape, LLC,
Ingram Library Services Inc., and Baker & Taylor, Inc., for Compact Discs for
the Library in the Amount of $87,000.00 for the First Year. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize purchase agreements with
Midwest Tape, LLC, Ingram Library Services, Inc., and Baker & Taylor, Inc., for Compact Discs
for the Library in the amount of $87,000.00 for the first year.
2. M &C P -11458 - Authorize Professional Services Agreements with Abacus Service
Corporation, Smith Temporaries d/b /a Cornerstone Staffing, Lone Star NOC,
Inc. d/b /a LoneStar Corporate Services, Makro Technologies, Inc., P.I.E.
Management, LLC, and Staffmark Investment, LLC, for Temporary Professional
Staffing Services for a Total Combined Amount Not to Exceed $1,000,000.00.
(ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
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The City Council approved the following recommendation: That the City Manager authorize the
execution of professional services agreements with Abacus Service Corporation, Smith
Temporaries, d/b /a CornerStone Staffing, Lone Star NOC, Inc., d/b /a LoneStar Corporate
Services, Makro Technologies, Inc., P.I.E. Management, LLC, and Staffinark Investment, LLC,
for temporary professional staffing services for a total combined amount not to exceed
$1,000,000.00.
3. M &C P -11459 - Authorize Non - Exclusive Purchase Agreements with Shawnee
Mission Tree Service d/b /a Arbor Masters Tree and Landscape and Northeast
Service Inc. d /b /a Horton Tree Service, to Provide Tree Removal and Pruning
Services for City Departments in a Combined Amount Up to $1,300,000.00. (ALL
COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize non - exclusive purchase
agreements with Shawnee Mission Tree Service, d/b /a Arbor Masters Tree and Landscape and
Northeast Service, Inc., d/b /a Horton Tree Service, to provide tree removal and pruning services
for City departments in a combined amount up to $1,300,000.00 for the first year.
4. M &C P -11460 - Authorize Purchase Agreement with NetworkFleet, Inc., in the
Amount of $471,286.00 for an Automated Vehicle Location System for the
Equipment Services Department Using a Cooperative Contract. (ALL COUNCIL
DISTRICTS)
The City Council approved the following recommendation: Authorize a purchase agreement for
an automated vehicle location system from NetworkFleet, Inc., in the amount of $471,286.00
using National Joint Powers Alliance Cooperative Contract No. 113011 -NWF for the Equipment
Services Department.
C. Land - Consent Items
1. M &C L -15470 - Authorize Acquisition of an Easement Interest in 4.950 Acres of
Land for Permanent Drainage and an Easement Interest in 0.140 Acres of Land
for Temporary Construction Owned by Mercantile Partners, L.P., Located at
0000 Gemini Place East of the Mark IV and Meacham Boulevard Intersection for
the Meacham Boulevard - Mark IV Drainage Improvement Proiect in the
Amount of $973,307.00 and Estimated Closing Costs in the Amount Not to Exceed
$7,000.00. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the acquisition of an
easement interest in 4.950 acres of land for permanent drainage and an easement interest in 0.140
acres of land for temporary construction owned by Mercantile Partners, L.P., located at 0000
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
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Gemini Place east of the Mark IV and Meacham Boulevard intersection for the Meacham
Boulevard - Mark IV Drainage Improvement project in the amount of $973,307.00 and pay
estimated closing costs in the amount not to exceed $7,000.00; find that the amount of
$973,307.00 is just compensation for needed property interest; and authorize the acceptance of
the conveyances, record the appropriate instruments, pay the purchase price and the estimated
closing costs.
2. M &C L -15471 - Authorize Acquisition of a Fee Simple Interest in 0.037 Acres of
Land for Right -of -Way and a Temporary Construction Easement in 0.328 Acres
of Land Located Immediately North of Fossil Creek Along North Riverside Drive
from Stoneglen at Fossil Creek Addition Homeowners Association in the Amount
of $8,537.00 for the Construction of the North Riverside Bridge at Fossil Creek
Project and Authorize Payment of Closing Costs in the Amount of $2,000.00 Per
Transaction. (COUNCIL DISTRICT 4)
The City Council approved the following recommendation: Authorize the acquisition of a fee
simple interest in a total of 0.037 acre of land for right -of -way and an easement interest in a total
of 0.328 acre of land for construction from Stoneglen at Fossil Creek Addition Homeowners
Association located in the J.W. Walker Survey, Abstract No. 1707 and the D.E. Norton Survey,
Abstract 1168, north of Fossil Creek for the North Riverside Bridge at Fossil Creek Project; find
that the total purchase price of $8,537.00 is just compensation; and authorize the City Manager
or his designee to accept the conveyances, record the appropriate instruments, pay the purchase
price in the amount of $8,537.00 and the estimated closing costs in the amount of $2,000.00 per
transaction.
D. Planning & Zoning - Consent Items - None
E. Award of Contract - Consent Items
1. M &C C -25983 - Authorize Execution of an Artwork Commission Contract with
Pavlovsky Sculpture Studios, LLC, in the Amount of $45,000.00 for Fabrication,
Delivery and Installation of an Artwork for the Near East Side Urban Village in
the 1200 - 1600 Blocks of East Lancaster Avenue. (COUNCIL DISTRICT 8)
The City Council approved the following recommendation: Authorize the execution of an
Artwork Commission Contract with Pavlovsky Sculpture Studios, LLC, in the amount of
$45,000.00 for fabrication, delivery and installation of an artwork in the Near East Side Urban
Village in the 1200 - 1600 blocks of East Lancaster Avenue.
2. M &C C -25984 - Authorize Execution of a Stormwater Facility Maintenance
Agreement with Wal -Mart Stores Texas, LLC, on Property Located in the 2300
Block of Avondale Haslet Road, M.E.P. & P.R.R. Company Survey. (COUNCIL
DISTRICT 7)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
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The City Council approved the following recommendation: Authorize the execution of a
stormwater facility maintenance agreement with Wal -Mart Stores Texas, LLC, for property
located in the 2300 block of Avondale Haslet Road, M.E.P. & P.R.R. Company Survey, at no
expense to the City.
3. M &C C -25985 - Authorize Execution of a Stormwater Facility Maintenance
Agreement with Heritage 3115A, L.P., and Heritage Homeowners Association,
Inc., for Property Located Southeast of the Ray White Road and Canary Lane
Intersection Containing 0.503 Acres of Land in the J.R. Knight Survey Abstract
No. 902. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of a
stormwater facility maintenance agreement with Heritage 3135A, L.P., and Heritage
Homeowners Association, Inc., for 0.503 acre of land located southeast of the Ray White Road
and Canary Lane intersection in the J.R. Knight Survey, Abstract No. 902, at no expense to the
City.
4. M &C C -25986 - Authorize Execution of an Engineering Agreement with
TranSystems Corporation d /b /a TranSystems Corporation Consultants, in the
Amount of $128,957.00 for the DFW Airport Reclaimed Water Delivery System
Flush Line Design. (COUNCIL DISTRICT 5)
The City Council approved the following recommendation: Authorize the execution of an
engineering agreement with TranSystems Corporation, d/b /a TranSystems Corporation
Consultants, in the amount of $128,957.00 for the DFW Airport reclaimed water delivery system
flush line design.
5. M &C C -25987 - Authorize Execution of Amendment No. 1 with Dunaway
Associates, L.P., in the Amount of $82,329.00 for Additional Design of a Sixteen
Inch Water Main as Part of the Relocation of a Twenty -Four Inch Water Main
_Along Blue Mound Road from Petty Place to Martin Ranch Road and the Future
Double Eagle Boulevard from Pipe Ridge Drive to Blue Mound Road, Thereby
Increasing the Total Contract Amount to $274,329.00. (COUNCIL DISTRICT 2)
The City Council approved the following recommendation: Authorize the execution of
Amendment No. 1 with Dunaway Associates, L.P., in the amount of $82,329.00 for additional
design of a 16 -inch water main as part of the relocation of a 24 -inch water main along Blue
Mound Road from Petty Place to Martin Ranch Road and the future Double Eagle Boulevard
from Pipe Ridge Drive to Blue Mound Road, thereby increasing the total contract amount to
$274,329.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
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6. M &C C -25988 - Authorize Third and Final Renewal of a Contract with Westhill
Construction, Inc., in the Amount of $500,000.00 for a Total Contract Amount of
$2,000,000.00 for Utility Cut Repair Contract 2009 UC01 -2010 at Various
Locations Throughout the City. (ALL COUNCIL DISTRICTS)
The City Council approved the following recommendation: Authorize the execution of the third
and final renewal of a contract with Westhill Construction, Inc., in the amount of $500,000.00
for utility cut repair Contract 2009 UCO1 -2010 thereby increasing the contract amount to
$2,000,000.00 at various locations throughout the City.
7. M &C C -25989 - Authorize Execution of an Engineering Agreement with Freese
and Nichols, Inc., in the Amount of $293,328.00 for Design Services for the Lake
Worth Preliminary Trail Design and Adopt Appropriation Ordinances.
(COUNCIL DISTRICT 7)
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
20508 -12 -2012 increasing the estimated receipts and appropriations in the Lake Worth Gas
Lease Capital Improvement Fund in the amount of $300,000.00, from Gas Well Revenues, for
the purpose of transferring said funds to the Park Gas Lease Project Fund for engineering
services associated with the Lake Worth Preliminary Trail Design; authorize the transfer of funds
from the Lake Worth Gas Lease Capital Improvement Fund to the Park Gas Lease Project Fund;
adopt Appropriation Ordinance No. 20509 -12 -2012 increasing the estimated receipts and
appropriations in the Park Gas Lease Project Fun, from available funds, for the purpose of the
engineering services; and authorize the execution of an engineering agreement with Freese and
Nichols, Inc., for engineering services associated with the project in an amount not to exceed
$293,328.00.
VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1870 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
A. General - Consent Items — Removed from Consent Agenda for Individual
Consideration
1. M &C G -17745 - Adopt Ordinance Amending Chapter 2, "Administration ",
Article VII, "Code of Ethics" of the Code of the City of Fort Worth to Add and
Amend Definitions; Allow for Participation by Task Force Members; Provide for
Reliance on a Written Opinion of the City Attorney; Rename the Ethics Review
Committee; Establish the Duties and Responsibilities of the City Secretary and
the City Attorney; Provide for the Appointment, Jurisdiction and Powers of
Hearing Officers; Specify the Criteria of a Valid Ethics Complaint; Provide for
the Retention of Outside Legal Counsel; and Outline the Appeal Process. (ALL
COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 8 of 26
It was recommended that the City Council adopt an Ordinance amending Chapter 2,
"Administration ", Article VII, "Code of Ethics" of the Code of the City of Fort Worth, Texas
(1986), as amended, by specifying that the Declaration of Policy is not part of the Ethics Code;
adding defined terms for "Domestic Partner ", "Resident ", "Task Force" and "Written Opinion of
the City Attorney ", revising the definition of "Substantial Interest "; providing that a Task Force
member may participate and vote on matters; providing that reliance upon a written opinion of
the City Attorney is an absolute defense to an alleged violation; renaming the Ethics Review
Committee as the "Ethics Review Commission "; specifying the membership, jurisdiction,
powers and meeting requirements of the Ethics Review Commission; specifying the duties and
responsibilities of the City Attorney and the City Secretary; providing for the appointment,
jurisdiction, powers and process of hearing officers to hear appeals; specifying the criteria of a
valid Ethics Code complaint; specifying the process by which a complaint is heard and disposed
of, providing for the retention of outside legal counsel; specifying the criteria for an appeal;
specifying the powers of the City Council to make final decisions; making various other related
changes.
Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council in support of Mayor and
Council Communication No. G- 17745.
The following individuals appeared before Council in opposition to Mayor and Council
Communication No. G- 17745.
Mr. Jim Ashford, 6209 Riverview Circle
Mr. Gary Hogan, 2117 Rolling Creek Run
Mr. Jerry Lobdill, 6336 Darwood Avenue
Mr. Linda Hanratty, 4236 Oak Park Court
Mr. Robert Vann, 7317 Ellis Road
Mr. Victor McDonald, 3816 Coates Court, completed a speaker card in opposition to Mayor and
Council Communication No. G- 17745, but was not present in the Council Chamber when
recognized.
The following individuals submitted comment cards in opposition to Mayor and Council
Communication No. G- 17745.
Mr. Stephen Hall, 904 Collier
Mr. Louis McBee, 2320 Oakland Boulevard, Suite 5
Mr. Kevin Baker, 7209 John T. White Road
Mr. Charlie Murphy, 2005 Thomas Place
Mr. Troy McKelroy, 3807 Wildwood Road
Ms. Jackie Barnd, 7249 Specklebelly Lane
Mr. Jerry Ray, 3427 Purington Avenue
Mr. Bob Horton, 9104 Autumn Falls Drive
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
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Council discussion ensued regarding Mayor and Council Communication No. G -17745 relative
to delaying the item to allow for further Council discussion and public input.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman, that Mayor and Council Communication No. G -17745 be continued
until mid January, 2013. No vote was made.
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns,
to amend the previous motion and that a public hearing on Mayor and Council
Communication No. G -17745 be set for December 11, 2012, and the vote on Mayor
and Council Communication No. G -17745 be continued until the
December 18, 2012, Council meeting. The motion carried unanimously 9 ayes to 0
nays.
5. M &C G-17749 - Authorize Acceptance of Two Bike Trailers Donated by For
Worth Police Department Bike Support Group (ALL COUNCIL DISTRICTS)
It was recommended that the City Council authorize the acceptance of two (2) bike trailers
valued in the amount of $20,986.00 donated by the Fort Worth Police Department Bike Support
Group.
Mayor Price advised that she would recuse from voting on this item.
Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. G -17749 be approved with
appreciation. The motion carried 8 ayes to 0 nays, with 1 recusal by Mayor Price.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Proclamation of Cowboy Santas Program
Council Member Allen Gray presented the Proclamation for the Cowboy Santas Program to Ms.
Mae Gray Rossi, President, Cowboy Santas Program, Inc. She stated that since 1981, the
Cowboy Santas Program, a citywide effort operated through the Parks and Community Services
Department, had provided toys to low- income children aged 12 years and under throughout Fort
Worth and Tarrant County. She further stated that the compassion of local television and radio
stations, area businesses and a number of national toy drive participants had greatly helped in the
effort to collect the toys and funds that were needed to support this exceptional program. She
pointed out that the unrelenting and selfless dedication exhibited by City of Fort Worth
employees, private citizens and other charitable organizations was largely responsible for the
progress of this partnership. Ms. Rossi expressed appreciation to the Mayor and Council for the
Proclamation and stated they looked forward to a successful holiday season for 2012.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 10 of 26
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Mayor Pro tem Zimmerman announced that the Grand Reopening of the Ridglea Library would
be held on December 8, 2012, from 1:00 p.m. to 3:00 p.m., and encouraged everyone to attend
the event.
Council Member Jordan congratulated Coach Gary Patterson and the TCU Horn Frogs Football
Team on a great season and wished them luck in the Buffalo Wild Wings Bowl in Arizona.
Council Member Burns announced that the dedication of the Elizabeth Boulevard light structure,
a public art piece, would be held on December 8, 2012, at 6:00 p.m. at Elizabeth Boulevard and
5th Avenue in Ryan Place.
Council Member Espino announced that a Walking Town Hall meeting would be held on
December 8, 2012, at 3:00 p.m., at Northside Park, and encouraged everyone to attend the event
and walk with the Mayor and discuss any issues they may have.
Mayor Price announced that Snowball Express, an annual trip for the families of United States
military personnel killed in the line of duty since 2001, made a stop in Fort Worth on
December 2, 2012. She stated that approximately 1,700 visitors were welcomed to Cowtown.
She expressed appreciation to everyone who participated in cheering on the families at the "walk
of gratitude" on Exchange Avenue and pointed out that the residents and business owners in Fort
Worth had big hearts.
2. Recognition of Citizens
There were no citizens recognized at this time.
3. Approval of Ceremonial Travel
There was no approval necessary of ceremonial travel.
XI. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
Motion: On behalf of the Legislative and Intergovernmental Affairs Committee, Council
Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that the
individuals listed below be appointed or reappointed to the Fort Worth Commission
for Women, effective December 4, 2012, with terms expiring as reflected. The
motion carried unanimously 9 ayes to 0 nays.
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DECEMBER 4, 2012
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Appointment:
• Ms. Randi Simpson Thistlethwaite, Place 15, representing the American Association
University Women — Tarrant Branch, with a term expiring on October 1, 2014.
Reappointments:
• Ms. Casey Dyer Oliver, Place 10, representing the Funding Information Center, with a
term expiring on October 1, 2014.
• Ms. Rana Lambdin, Place 11, representing the Plaza Medical Center, with a term
expiring October 1, 2014.
• Ms. Mary Margaret Rangel, Place 12, representing the University of North Texas Health
Science Center, with a term expiring on October 1, 2014.
• Ms. Barbara Cager, Place 13, representing the Delta Sigma Theta Sorority, Inc., with a
term expiring on October 1, 2014.
• Ms. Eboney Cobb, Place 16, representing the Fort Worth Chapter, The Links, with a term
expiring on October 1, 2014.
• Ms. Cynthia Smith, Place 17, representing the Girl Scouts, Fort Worth Region, with a
term expiring on October 1, 2014.
• Ms. Deidra Norris, Place 18, representing the Texas Business Women, with a term
expiring on October 1, 2014.
• Ms. Patricia Cheong, Place 19, representing the Women's Policy Forum, with a term
expiring on October 1, 2014.
(Places 10 through 19 are one (1) year appointments; therefore, the expiration dates for the above
appointments had to be adjusted to reflect terms expiring on October 1, 2013.)
Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that
Mr. Greg Ricks be appointed to Place 4 on the Community Development Council,
effective December 4, 2012, with a term expiring on October 1, 2014. The motion
carried unanimously 9 ayes to 0 nays.
XII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS,
COMMISSIONS AND /OR CITY COUNCIL COMMITTEES
1. Report by the Animal Shelter Advisory Board
Mr. Brandon Bennett, Director, Code Compliance Department, introduced Mrs. Brenda Silcox,
Chair, Animal Shelter Advisory Board.
Mrs. Silcox provided a brief summary of the mission and the activities over the past year,
including the future goals, projects and challenges of the Animal Shelter Advisory Board.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 41) 2012
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2. Report by the Appeals Board
Mr. Brandon Bennett, Director, Code Compliance Department, introduced Mr. C.B. Team, Chair
Appeals Board.
Mr. Team provided a brief summary of the mission and the activities over the past year,
including the future goals, projects and challenges of the Appeals Board.
XIII. RESOLUTION
1. A Resolution Appointing an Arts Funding Task Force to Advise the City Council
About the City's Financial Support for Arts and Cultural Exchange Programs.
It was recommended that the City Council approve a Resolution appointing an Arts Funding
Task Force to advise the City Council about the City's financial support for Arts and Cultural
Exchange Programs.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that the Resolution be continued until the December 18, 2012, Council meeting.
The motion carried unanimously 9 ayes to 0 nays.
XIV. ZONING HEARING
Mayor Price 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 November 19, 2012.
1. ZC -12 -081 - (CD 5) - Dennis Thornton, dba Anchor Asphalt Company, 11467
Mosier Valley Road, from: "AG" Agricultural to: "PD /AG" Planned
Development for all uses in "AG" Agricultural plus outdoor storage of
construction vehicles and trailers only; site plan waiver
recommended.(Recommended for Approval as Amended to PD /AG plus outdoor
storap_e of construction vehicles and trailers only by the Zoning Commission)
Motion: Council Member Moss made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC -12 -081 be approved. The motion carried unanimously
9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 41) 2012
Page 13 of 26
2. ZC -12 -093 - (CD -ALL) - City of Fort Worth Planning & Development
Department, Text Amendment: Mobile Vendor Food Courts An Ordinance
amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No.
13896, as amended, codified as Appendix "A" of the Code of The City of For
Worth, by Amending Article 1 "Standards for Selected Uses ", of Chapter 5,
"Supplemental Use Standards ", Section 5.406, to: Add a subsection to provide
standards and regulations for Mobile Vendor Food Courts; Amend Section 4.802
"Nonresidential District Use Table" and Section 4.1202 "Form -Based District Use
Table" to provide for the zoning districts where Mobile Vendor Food Courts are
allowed; Amend Chapter 9 "Definitions" to add Mobile Vendor Food Courts and
amend Mobile Vendors To review the proposed amendments:
http:// fortworthtexas. gov / planninganddevelopment /zoningeommission.aspx
(Recommended for Approval by the Zoning Commission)
Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Scarth,
that Zoning Docket No. ZC -12 -093 be approved and Ordinance No. 20510 -12 -2012
be adopted. The motion carried unanimously 9 ayes to 0 nays.
3. ZC -12 -105 - (CD -ALL) - City of Fort Worth Planning & Development
Department, Text Amendment: Trinity Lakes Form Based Code: An Ordinance
Amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No.
13896, as Amended, Codified as Appendix "A" of the Code of the City of For
Worth, by Amending Article 9 "Form Based Districts ", of Chapter 4, "District
Regulations" to: Add a new section, Section 4.1307 Trinity Lakes ( "TL ")
District" and to add separate zones within the district; Provide for design
standards and guidelines for new construction and certain renovations; Require a
Certificate Of Appropriateness for new construction and certain renovations;
Provide for administrative approval of Certificate of Appropriateness under
certain circumstances; providing an appeal process; and Amend Section 4.1200
"Form Based Districts Code Use Table" to add the uses allowed within the Trinity
Lakes ( "TL ") District To review the proposed amendments:
http: / /fortworthtexas. gov / planninganddevelopment /zoningcommission.aspx
(Recommended for Approval by the Zoning Commission)
Mr. Scott Polikov, 101 Summit Avenue, Suite 606, appeared before Council in support of
Zoning Docket No. ZC -12 -105.
Mr. Brad Lonberger, 101 Summit Avenue, Suite 606, completed a speaker card in support of
Zoning Docket No. ZC -12 -105, but did not wish to address the Council.
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC -12 -105 be approved and Ordinance No. 20511 -12 -2012 be
adopted. The motion carried unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 14 of 26
Zoning Docket No. ZC -12 -110 was moved up the agenda to be considered with its companion
case Zoning Docket No. ZC -12 -105.
7. ZC -12 -110 - (CD 4) - Riverbend Investment/Riverbend Investment II, 7800 - 8100
Blocks of Trinity Boulevard; from: "E" Neighborhood Commercial, "PD -224"
Planned Development for existing zoning categories: "I" Light Industrial, "G"
General Commercial, 110-2" Floodplain, "IP" Industrial Park, "C" Medium
Density Multifamily, "AG" Agricultural, "E" Neighborhood Commercial plus
sand and gravel and specific regulations for mining activity to: Trinity Lakes
Form -Based Code with six character zones: Boulevard Mixed Use, Village Mixed
Use, Highway Mixed Use, Campus Commercial, Transition, and Neighborhood
with regulating plan and development standards. To review the proposed code:
http:// fortworthtexas. gov/ planninganddevelopment /zoningcommission.aspx.
(Recommended for Approval by the Zoning Commission)
The following individuals appeared before Council in support of Zoning Docket No. ZC -12 -110.
Ms. Mary Kelleher, 7901 Randol Mill Road
Mr. Cecil Driskell, 9008 Riverfalls Drive
Mr. Ken Newell, 6000 Lantana Lane
Mr. Robert Horton, 9104 Autumn Falls Drive, submitted a comment card in support of Zoning
Docket No. ZC -12 -110.
(Council Member Jordan left his place at the dais.)
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC -12 -110 be approved. The motion carried unanimously 8
ayes to 0 nays, with Council Member Jordan absent.
4. ZC -12 -108 - (CD 2) - Katy Road All Storage Ltd., 4874 Keller Haslet Road; from:
"P' Light Industrial to: "PD /I" Planned Development for all uses in "I" Light
Industrial plus mini- warehouse; site plan included. (Recommended for Approval
by the Zoning Commission)
Mr. John Morris, 1903 Peyco Drive, Arlington, Texas 76001, completed a speaker card in
support of Zoning Docket No. ZC -12 -108, but did not wish to address the Council.
Motion: Council Member Espino made a motion, seconded by Council Member Moss, that
Zoning Docket No. ZC -12 -108 be approved. The motion carried unanimously 8
ayes to 0 nays, with Council Member Jordan absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 15 of 26
5. ZC -12 -109 - (CD 7) - Ben Patterson, 6245 Granite Creek Drive; from: "A -5" One -
Family to: "PD /A -5" Planned Development for all uses in "A -5" One - Family plus
group home with eight residents and one resident supervisor; site plan waiver
requested. (Recommended for Denial by the Zoning Commission)
The following individuals appeared before Council in support of Zoning Docket No. ZC -12 -109
Mr. Jim Schell, 901 Washington Terrace,
Mr. Ben Patterson, 265 FM 927, Morgan, Texas 76671
Discussion ensued between Council Member Shingleton and Mr. Patterson regarding the nature
of the business, number of full time residents, parking and meetings being held at the residence.
The following individuals submitted comment cards in opposition to Zoning Docket No.
ZC -12 -109.
Mr. James Turner, 6328 Stone Lake Court
Ms. Cynthia Partee, 6205 Granite Creek Drive
Council Members Shingleton and Scarth both stated that they believed that the standard five (5)
non - related persons living in a single- family residence was sufficient for this case and advised
that they would support upholding the recommendation of the Zoning Commission.
(Council Member Jordan returned to his place at the dais.)
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan,
that Zoning Docket No. ZC -12 -109 be denied. The motion carried unanimously 9
ayes to 0 nays.
6. SP -12 -008 - (CD 9) - Sandage Development Partners, LLC, 2809 - 2821 Sandage
Avenue; Site plan for multifamily development. ( Recommeded for Approval as
Amended to remove the dumpster by the Zoning Commission)
Mr. Jim Schell, 901 Washington Terrace, completed a speaker card in support of Zoning Docket
No. SP -12 -008, but did not wish to address the Council.
Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that
Zoning Docket No. SP -12 -008 be approved. The motion carried unanimously 9
ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 16 of 26
8. ZC- 12411 - (CD 2) - HL Investments & N. Tarrant Parkway Surgery Center
LLC, 3400 North Tarrant Parkway; from: "PD -710" Planned Development for
all uses in "E" Neighborhood Commercial plus assisted living, blood bank,
nursing home with full medical services with development requirements; site plan
required to: Amend 11PD -710" Planned Development to add a helipad, site plan
included. (Recommended for Approval by the Zoning Commission)
Mr. Konstantine Bakintas, 4550 SH 360, Suite 180, Grapevine, Texas, appeared before Council
in support of Zoning Docket ZC -12 -111.
Mr. Michael Astin, 2236 Calvary Drive, submitted a comment card in support of Zoning Docket
No. ZC -12 -111.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC -12 -111 be approved. The motion carried unanimously
9 ayes to 0 nays.
9. ZC -12 -112 - (CD 2) - Thomas Blanton, 3900 and 3950 Angle Avenue; from: "I"
Light Industrial to: "D" High Density Multifamilv. (Recommended for Approval
by the Zoning Commission)
Mr. Joe Paniagua, 8125 Mount Shasta Circle, completed a speaker card in support of Zoning
Docket No. ZC- 12 -112, but was not present in the Council Chamber when recognized.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Zoning Docket No. ZC -12 -112 be continued until the February 5, 2013,
Council meeting. The motion carried unanimously 9 ayes to 0 nays.
10. ZC -12 -114 - (CD 9) - Trinity Bluff Development, Ltd., 633 and 637 Samuels
Avenue; from: "PD -489" Planned Development for all uses in "H" Central
Business District excluding the following uses: massage therapy, sexually oriented
business, recreational vehicle park, cold storage or ice plant, gunsmithing, repair
or sales, home improvement store, mini - warehouses, mortuary or funeral home,
pawn shop, tattoo parlor, taxidermist shop, auto parts supplv, retail automotive
repair, paint and body shop, car wash full or self service, vehicle sales or rental,
including automobiles, motorcycles, boats or trailers. Building height shall be
restricted to 20 stories. In addition, a transitional height plane of 45 degrees shall
apply to portions of a building above 45 feet or 3 stories, whichever is greater, for
buildings along the northern boundary of the cemetary; site plan waived; to:
Amend "PD -489" Planned Development to remove the transitional height plane
requirement; site plan waiver recommended. (Recommended for Approval by the
Zoning Commission)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 17 of 26
Mr. Ramon Guajardo, 1434 North Main Street, appeared before Council in support of Zoning
Docket No. ZC -12 -114.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman,
that Zoning Docket No. ZC -12 -114 be approved. The motion carried unanimously
9 ayes to 0 nays.
11. SP -12 -009 - (CD 4) - Hope Lutheran Church & Foundation for Healthv Living,
2929 Precinct Line Road; Amend "PD -627" site plan to add storage area.
(Recommended for Approval by the Zoning Commission)
Mr. John Morris, 1903 Peyco Drive, Arlington, Texas, 76001, completed a speaker card in
support of Zoning Docket No. SP -12 -009, but was not present in the Council Chamber when
recognized.
Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that
Zoning Docket No. SP -12 -009 be approved. The motion carried unanimously 9
ayes to 0 nays.
12. ZC- 12- 117- (CD _ 6) - Chesapeake Land Development Companv LLC, 5023 and
5025 Granbury Road; from: "PD -175" Planned Development for all uses in "E"
Neighborhood Commercial plus retail auto parts, auto supplies and tire repair
and sales; site plan waived to: Amend "PD -175" Planned Development to include
oil change, inspections, emission and electrical system testing, brakes, belts, filters,
battery maintenance; site plan included.(Recommended for Denial without
Prejudice by the Zoning Commission)
Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Scarth,
that Zoning Docket No. ZC -12 -117 be denied without prejudice. The motion
carried 8 ayes to 0 nays, with 1 abstention by Council Member Jordan.
13. ZC -12 -118 - (CD 9) - Linwood Partners, LLC, 2700 Blocks of Azalea Avenue,
Mercedes Avenue & Merrimac Avenue and 357 359 407 & 409 Foch Street;
from: "MU -1" Low Intensity Mixed Use, "112" Townhouse /Cluster to: "PD /UR"
Planned Development for all uses in "UR" Urban Residential with development
standards; site plan waiver recommended. (Recommended for Approval as
Amended for maximum of four stories and with revised development standards
by the Zoning Commission)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 18 of 26
Mr. Jim Schell, 601 Washington Terrace, completed a speaker card in support of Zoning Docket
No. ZC -12 -118, but did not wish to address the Council.
Council Member Burns submitted a letter for the record on behalf of Ms. Mary Byrd.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman,
that Zoning Docket No. ZC -12 -118 be approved. The motion carried unanimously
9 ayes to 0 nays.
14. ZC -12 -121 - (CD 7) - Stanley Rowland, 6336 North Ridge; from: "A -5" One -
Family to: "ER" Neighborhood Commercial Restricted. (Recommended for
Approval as Amended to ER by the Zoning Commission)
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem
Zimmerman, that Zoning Docket No. ZC -12 -121 be approved. The motion carried
unanimously 9 ayes to 0 nays.
15. ZC -12 -125 - (CD 9) - Tarrant Countv Water Control District, 800 E. Northside
Drive; from: "0-1" Floodplain and "TU -N2" Trinity Uptown - Neighborhood
Zone to: "G" Intensive Commercial. (Recommended for Approval by the Zoning
Commission)
Mr. Jim Schell, 601 Washington Terrace, completed a speaker card in support of Zoning Docket
No. ZC -12 -125, but did not wish to address the Council.
Motion: Council Member Burns made a motion, seconded by Council Member Espino, that
Zoning Docket No. ZC -12 -125 be approved. The motion carried unanimously 9
ayes to 0 nays.
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. 20512 -12 -2012 be adopted. The motion carried 9 ayes to 0
nays.
XV. REPORT OF THE CITY MANAGER
A. Benefit Hearing - None
B. General
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 19 of 26
1. M &C G -17751 - Authorize Payment to the Standing Steeriny, Committee of Oncor
Electric Delivery Service Area Cities in the Amount of $74,121.00 to Fund
Participation in Current and Upcoming Electric Utility Dockets and Rulemakin2s
Related to Electric Utility Regulation at the Texas Public Utilities Commission
(ALL COUNCIL DISTRICTS)
It was recommended that the City Council authorize a payment to the Steering Committee of
Oncor Electric Delivery Service Area Cities in the amount of $74,121.00 to fund participation in
current and upcoming electric utility dockets and rulemakings related to electric utility regulation
at the Texas Public Utilities Commission.
Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G -1775 be approved. The motion
carried 8 ayes to 0 nays, with 1 abstention by Council Member Scarth.
2. M &C G -17752 - Adopt Resolution Authorizing the Employment of Kelly, Hart,
and Hallman L.L.P., as Outside Counsel to Represent the City in the Lawsuit
Entitled Richard Van Houten, Jr. and Stephen Hall v. City of Fort Worth, a
Texas Municipal Corporation, Case No. 4:12 -CV- 00826, and any Litilzation
Related to the Pension Benefit Changes Adopted by the City Council on October
23, 2012, and Authorizing Payment of Counsel Fees in a Total Amount Up to
$200,000.00. (ALL COUNCIL DISTRICTS)
It was recommended that the City Council adopt a Resolution authorizing the employment of
Kelly, Hart, and Hallman L.L.P., as outside legal counsel to represent the City in the lawsuit
entitled Richard Van Houten, Jr. and Stephen Hall v. City of Fort Worth, a Texas Municipal
Corporation, Case No. 4:12 -CV- 00826, and any other litigation related to the pension benefit
changes adopted by City Council on October 23, 2012, and authorizing payment of counsel fees
in a total amount up to $200,000.00.
Council Member Allen Gray advised that she would recuse from voting on this item.
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. G -17752 be approved and Resolution
No. 4152 -12 -2012 be adopted. The motion carried 8 ayes to 0 nays, with 1 recusal
by Council Member Allen Gray.
3. M &C G -17753 - Adopt Resolution Amending the City Council Rules of Procedure
to Establish the Audit Committee as a Standing Citv Council Committee and
Approving the Committee's Charter (ALL COUNCIL DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 20 of 26
It was recommended that the City Council adopt a Resolution amending the City Council Rules
of Procedure to establish the Audit Committee as a standing City Council committee; and
approve the Charter setting forth the roles and responsibilities of the Audit Committee.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. G -17753 be continued until the
December 11, 2012, Council meeting. The motion carried unanimously 9 ayes to 0
nays.
4. M &C G -17754 - Authorize Use of $118,219.00 in Tree Removal Fee Revenue, the
Amount of $100,000.00 in Parks Rovalty Revenue and Donation in the Amount of
$100,000.00 from Chesapeake Energy Corporation to Fund the Community Tree
Planting Program and Adopt Appropriation Ordinances (ALL COUNCIL
DISTRICTS)
It was recommended that the City Council authorize the use of $118,219.00 of Tree Removal
Fee Revenue and a donation in the amount of $100,000.00 from Chesapeake Energy Corporation
to fund the Community Tree Planting Program; authorize the use of $100,000.00 of Parks
Royalty Revenue to fund the Community Tree Planting Program; adopt an Appropriation
Ordinance increasing the estimated receipts and appropriations in the Park Gas Lease Project
Fund, from available funds, for the purpose of transferring said funds to the Community Tree
Planting Program Fund to fund the Community Tree Planting Program; authorize the transfer
from the Park Gas Lease Project Fund to the Community Tree Planting Program Fund; and adopt
an Appropriation Ordinance increasing the estimated receipts and appropriations in the
Community Tree Planting Program Fund in the amount of $318,219.00, from available funds, for
the purpose of funding the program.
Council Member Jordan advised that 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 Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. G -17754 be approved and
Appropriation Ordinance Nos. 20513 -12 -2012 and 20514 -12 -2012 be adopted. The
motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Jordan.
C. Purchase of Equipment, Materials, and Services - None
D. Land - None
E. Planning & Zoning - None
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 21 of 26
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) (Continued
from a Previous Meeting)
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 $1,500,000.00 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 the contract for the project; and authorize execution of a
contract in the amount of $1,929,961.63 with JLB Contracting, LLC, for the construction of the
proj ect.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25977 be approved and
Appropriation Ordinance Nos. 20515 -12 -2012 and 20516 -12 -2012 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
2. M &C C -25990 - Authorize Execution of a Contract with McClendon
Construction Company, Inc., in the Amount of $1,356,291.95 for Pavement
Reconstruction and Water and Sanitary Sewer Main Replacement in Portions of
28th Street, North Elm Street, Mineola Avenue and Norman Street Utilizing the
Amount of $940,385.95 from the 2008 Capital Improvements Projects Fund and
the Amount of $646,776.51 from the Water and Sewer Capital Projects Funds to
Provide for Construction Contract Costs, Contingencies and Construction
Services for a Project Total in the Amount of $1,587,162.46 and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 2)
It was recommended that the City Council authorize a transfer in the amount of $646,776.51
from the Water and Sewer Fund, the amount of $468,679.68 to the Water Capital Projects Fund
and the amount of $178,096.83 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 pavement reconstruction and water and sanitary
sewer main replacement for 28th Street, from Robinson Street to Rock Island Street; Elm Street
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 22 of 26
North, from East Long Avenue to North East 34th Street; Mineola Avenue, from Decatur
Avenue to Hardy Street; Norman Street, from Decatur Avenue to Weber Street; adopt an
Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer
Capital Projects Fund, from available funds, for the purpose of the pavement reconstruction and
water and sanitary sewer main replacement on the streets listed above; and authorize the
execution of a contract with McClendon Construction Company, Inc., in the amount of
$1,356,291.95 for the project.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25990 be approved and
Appropriation Ordinance Nos. 20517 -12 -2012 and 20518 -12 -2012 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
3. M &C C -25991 - Authorize Change Order No. 2 to City Secretary Contract No.
42077 with Conatser Construction TX, LP, in the Amount of $179,645.10 for the
Eastern Hills Storm System Improvements - Phase 1 Multi -Use Stormwater
Detention Basin (COUNCIL DISTRICT 4)
It was recommended that the City Council authorize the execution of Change Order No. 2 to City
Secretary Contract No. 42077 with Conatser Construction TX, LP, in the amount of
$179,645.10, for the Eastern Hills Storm System Improvements - Phase 1 Multi -Use Stormwater
Detention Basin, thereby revising the total contract amount to $2,063,618.60.
Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City
Secretary's Office and would abstain from voting on this item.
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. C -25991 be approved. The motion
carried 8 ayes to 0 nays, with 1 abstention by Council Member Moss.
4. M &C C -25992 - Rescind Mayor and Council Communication C -25040 and
Repeal Associated Resolution No 4014 -08 -2011 and Ordinance No. 19822 -08-
2011, Accept Contribution and Transfer of TIF District 4 (Southside TIF) Funds
in the Amount of $2,100,000.00, Authorize Execution of a Contract with The Fain
Group, Inc., in the Amount of $3,244,347.85 for Landscape and Pedestrian
Enhancements Along West Rosedale Street from Eimhth Avenue to Lipscomb
Street and JenninLxs Avenue to South Main Street and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 9)
It was recommended that the City Council rescind Mayor and Council Communication C -25040
and repeal associated Resolution No. 4014 -08 -2011 and Ordinance No. 19822 -08 -2011 all of
which authorized the execution of and provided funding for a funding agreement with the Texas
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 23 of 26
Department of Transportation (TxDOT) in the amount of $4,692,090.00 with City participation
in the amount of $2,572,090.00 for the West Rosedale Project between Eighth Avenue and South
Main Street; authorize the acceptance of a contribution in the amount of $2,100,000.00 from the
Special Assessment District Fund, TIF District No. 4, to the Specially Funded Capital Projects
Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in
the Specially Funded Capital Projects Fund, from available funds, for the purpose of streetscape
improvements, which consist primarily of landscape enhancements along West Rosedale Street
between Eighth Avenue and Lipscomb Street and Jennings Avenue to South Main Street; and
authorize the execution of a contract with The Fain Group, Inc., in the amount of $3,244,347.85
for the streetscape improvements on the streets listed above.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25992 be approved and
Appropriation Ordinance No. 20519 -12 -2012 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
5. M &C C -25993 - Authorize Execution of a Contract with UtiliTex Construction
LLP, in the Amount of $1,394,425.75 for Sanitary Sewer Rehabilitation Contract
73 on Lone Oak Drive, Burton Hill Road, Christine Street, Michigan Avenue,
Isbell Road and Edgefield Road (COUNCIL DISTRICTS 2, 5, 7 and 8)
It was recommended that the City Council authorize the execution of a contract with UtiliTex
Construction, LLP, in the amount of $1,394,425.75 for Sanitary Sewer Rehabilitation Contract
73 on Lone Oak Drive, Burton Hill Road, Christine Street, Michigan Avenue, Isbell Road and
Edgefield Road.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication No. C -25993 be approved. The motion
carried unanimously 9 ayes to 0 nays.
XVI. PUBLIC HEARING
1. First Public Hearing for a Proposed City- Initiated Annexation of Approximately
147.4 Acres of Land in Tarrant County, Located South of Avondale - Haslet Road
and East of Willow Sprints Road. (AX42 -006 Avondale - Haslet)
Mayor Price opened the public hearing.
a. Report of City Staff
Ms. Beth Knight, Senior Planner, Planning and Development Department, appeared before
Council and provided a staff report.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 24 of 26
b. Citizen Comments
There were no citizen presentations.
C. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Burns,
that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays.
2. First Public Hearing for a Proposed City- Initiated Annexation of Approximately
104 .2 Acres of Land in Tarrant County, Located West of Old Decatur Road and
South of W.J. Boaz Road. (AX -12 -007 Old Decatur Road)
Mayor Price opened the public hearing.
a. Report of City Staff
Ms. Beth Knight, Senior Planner, Planning and Development Department, appeared before
Council and provided a staff report.
b. Citizen Comments
Mr. Bill Vosbery, 1660 Staree, appeared before Council in opposition to the annexation of
approximately 104.2 acres of land in Tarrant County, located west of Old Decatur Road and
south of W.J. Boaz Road. (provided handout)
C. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino,
that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays.
XVII. CITIZEN PRESENTATIONS
Mr. Bennett Gregory, 1700 East Bond Ranch, appeared before Council relative to environmental
impact on trees in the City. Mr. Bennett was referred to Mr. Richard Zavala, Director, Parks and
Community Services Department.
The following individuals appeared before Council relative to the City's Gas Drilling Ordinance
and compressors in "AG" and "J" zoning "by right ".
Mr. Gary Hogan, representing North Central Communities Alliance, 2117 Rolling Creek Run
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 25 of 26
Ms. Mary Kelleher, 7901 Randol Mill Road
Mr. Jim Ashford, 6209 Riverview Circle
Mr. Mike Dean, 124 Cooks Lane
Ms. Annette Dobson, 7233 Decoy Lane
The following individuals submitted speaker cards relative to the City's Gas Drilling Ordinance
and compressors in "AG" and "J" zoning "by right" and were not present in the Council
Chamber when recognized.
Mr. Mike Spence, 1537 Spring Lake Drive, Keller, Texas 76248
Ms. Shelly Brasel, 2114 Edwin Street
Mr. Lenne Ortiz, 1818 East Cedar Elm Drive, Arlington, Texas 76012
Mr. Doug Ligon, 7032 Welshman Drive
Ms. Felicia Guerrero, 612 Green River Trail
Mr. Henry Guerrero, 612 Green River Trail
Mr. David Ansley, 8308 Cedarcrest Lane
Ms. Jessica Lopez, 1411 North Clinton Avenue
Mr. John Lopez, 1411 North Clinton Avenue
Ms. Erin Crary, 7035 Surfside Lane, Grand Prairie, Texas 75054
Ms. Karen Castorena, 6313 Starnes Road, Watauga, Texas 76148
Mr. Ronnie Mitchell, 9636 Willow Branch Way
Ms. Teri Wright, 2904 Kimbo Court
Ms. Martha Paschall - Boykin, 7261 Specklebelly Lane
Ms. Anthea Washington, 4401 Prevost Street
Mr. Don Dalton, 15615 Preston Road, Dallas, Texas 75248
Mr. Collin Pardue, 7261 Specklebelly Lane
Ms. Kristal Wallace- Lopez, 400 Shadow Grass Avenue
Mr. Will Boykin, 7261 Specklebelly Llane
Ms. Cristina, Montelongo, 1617 North Riverside Drive
Ms. Guadalupe Martinez, 3908 Cedar Ridge Drive, Bedford, Texas 76021
Ms. Kristi Lambert, 2925 Ryan Place Drive
Ms. Jackie Barrid, 7249 Specklebelly Lane
Mr. Juan Lajara, 410 West Hillcrest, Keene, Texas 76059
Mr. Greg Breault, 5112 Morris Heights Drive, Arlington Texas 76016
Ms. Gina Dreiling- Navarro, 9240 Oldwest Trail
Mr. Armando Navarro, 9240 Oldwest Trail
Mr. Tom Zaback, 7008 Welshman Drive
Ms. Patsy Paxton, 6341 Glen Knoll Drive
Mr. Donnie Paxton, 6341 Glen Knoll Drive
Ms. Cristina Brogdon, 7605 Clover Lane, Watauga, Texas 76148
Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council relative to a recent personnel
issue in the Police Department.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2012
Page 26 of 26
Ms. Dolores Garza, representing Chesapeake Energy, 100 Energy Way, appeared before Council
relative to the forestry tree farm donation by Chesapeake Energy.
Council Member Scarth referred to the citizen presentations on gas drilling. He stated that the
Council had been working with staff for several months to discuss options that would make
sense and that would preserve the ability to have gas compressors in AG zoned areas in wide
open spaces as well as those that were near residential areas.
Mayor Price reiterated to the public that the staff was reviewing the Gas Well Ordinance and the
public would have an opportunity to provide input at a future public meeting.
XVIII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER)
XIX. ADJOURNMENT
There being no further business, Mayor Price adjourned the Regular Meeting at 9:24 p.m.
These minutes approved by the Fort Worth City Council on the 11th day of December, 2012.
Attest:
Mary J. Ka se
City Secretar
Approved: -
B 't`sy Pric
ayor