HomeMy WebLinkAbout2011/09/20-Minutes-City Council CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
Present:
Mayor Betsy Price
Mayor Pro tem W. B. "Zim" Zimmerman, District 3
Council Member Salvador Espino, District 2
Council Member Daniel Scarth, District 4
Council Member Frank Moss, District 5
Council Member Jungus Jordan, District 6
Council Member Dennis Shingleton, District 7
Council Member Kathleen Hicks, District 8
Council Member Joel Burns, District 9
Staff Present:
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, 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 10:11 a.m., on Tuesday, September 20, 2011, in the City Council
Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102.
II.INVOCATION-Reverend Karl Travis,First Presbyterian Church
The invocation was provided by Reverend Karl Travis, First Presbyterian Church.
III.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 13, 2011
Motion: Council Member Hicks made a motion, seconded by Council Member Burns that the
minutes of the regular meeting of September 13, 2011, be approved. The motion carried
unanimously nine (9) ayes to zero(0)nays.
V.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
Interim City Manager Higgins requested that Mayor and Council Communication Nos. P-11290,
L-15246 and C-25167 be withdrawn from the Consent Agenda for individual consideration.
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SEPTEMBER 20,2011
PAGE 2 of 37
VI.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
Interim City Manager Tom Higgins requested that Mayor and Council Communication No. L-15242
be withdrawn from consideration and replaced with Mayor and Council Communication No. L-15242
(Revised).
VII.CONSENT AGENDA
Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that the
Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to
zero (0)nays.
A.General - Consent Items
1.M&C G-17376 - Approve Findings of Ground Transportation Coordinator Regarding
Application of A2K Transportation,to Operate Three Limousines Within the City of Fort Worth
and Adopt Ordinance Granting Such Authority.
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 City Streets, Alleys and Public Thoroughfares; A2K
Transportation is Qualified and Financially Able to Conduct a Limousine Service Within the City;
A2K Transportation has Complied With the Requirements of Chapter 34 of the City Code; A2K
Transportation Presented Facts in Support of Compelling Demand and Necessity for Three (3)
Limousines; 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 Public Thoroughfares; and Adopt Ordinance No.
19903-09-2011 Granting the Privilege of Operating Authority to A2K Transportation for the Use of the
Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which
Shall Consist of the Operation of Three (3) Limousines for a Three (3) Year Period Beginning on the
Effective Date; Specifying the Terms and Conditions of the Grant Providing for Written Acceptance
by A2K Transportation; Subject to and Conditioned on A2K Transportation Complying With All
Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended.
2.M&C G-17377 - Approve Findings of Ground Transportation Coordinator Regarding
Application of Bennett Limousine Service, LLC, d/b/a Perfect Timing Limousine Service, to
Operate Two Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such
Authority.
The City Council approved the following recommendation: Consider and Adopt the Following
Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the
Operation of Two (2) Limousines Upon the City Streets, Alleys and Public Thoroughfares; Bennett
CITY OF FORT WORTH,TEXAS
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PAGE 3 of 37
(VII. CONSENT AGENDA Continued)
(G-17377 Continued)
Limousine Service, LLC, d/b/a Perfect Timing Limousine Service is Qualified and Financially Able to
Conduct a Limousine Service Within the City; Bennett Limousine Service, LLC, d/b/a Perfect Timing
Limousine Service has Complied With the Requirements of Chapter 34 of the City Code; Bennett
Limousine Service, LLC, d/b/a Perfect Timing Limousine Service Presented Facts in Support of
Compelling Demand and Necessity for Two (2) Limousines; the General Welfare of the Citizens of the
City Will Best be Served by the Addition of Two (2) Limousines Upon City Streets, Alleys and Public
Thoroughfares; and Adopt Ordinance No. 19904-09-2011 Granting the Privilege of Operating
Authority to Bennett Limousine Service, LLC, d/b/a Perfect Timing Limousine Service for the Use of
the Streets, Alleys, and Public Thoroughfares of the City in the Conduct of its Limousine Business,
Which Shall Consist of the Operation of Two (2) Limousines for a Three (3)Year Period Beginning on
the Effective Date; Specifying the Terms and Conditions of the Grant Providing for Written
Acceptance by Bennett Limousine Service, LLC, d/b/a Perfect Timing Limousine Service; Subject to
and Conditioned on Bennett Limousine Service, LLC, d/b/a Perfect Timing Limousine Service,
Complying With All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth
(1986), as Amended.
3.M&C G-17378 - Adopt Resolution to Reappoint Members to Serve on a Regional Taxicab
Task Force for a Two-Year Term.
The City Council approved the following recommendation: Adopt Resolution No. 4022-09-2011 to
Appoint the Individuals Listed Below to the Regional Taxicab Task Force for a Two (2) Year Term
Beginning Upon the Adoption of This Resolution.
NAME TITLE PARTICIPATION
Jungus Jordan Council Member Policy Group
Joel Burns Council Member Policy Group
Gerald Taylor Ground Transportaton Coordinator Working Group
Transportation Public Works
Sr. Administrative Services Manager Working Group
Cuthbert M. Robinson Transportation Public Works
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PAGE 4 of 37
4.M&C G-17379 - Authorize a Contract with Accela, Inc., for Work Order and Asset
Management System Software and Implementation Services for the Stormwater Utility for a Not
To Exceed Amount of$512,751.00.
The City Council approved the following recommendation: Authorize a Contract With Accela, Inc., for
Work Order and Asset Management System Software and Implementation Services for the Stormwater
Utility for a Not to Exceed Amount of$512,751.00.
5.M&C G-17380 - Adopt Appropriation Ordinance and Authorize Transfer of Funds from the
Special Trust Fund, Municipal Court Building Security Project in the Amount of$322,512.00 to
Reimburse the General Fund for Fiscal Year 2010-11 Building Security Cost.
The City Council approved the following recommendation: Adopt Appropriation Ordinance No.
19905-09-2011 Increasing the Estimated Receipts and Appropriations in the Municipal Court Building
Security Project Section of the Special Trust Fund in the Amount of $322,512.00, From Available
Funds, for the Purpose of Transferring Said Funds to the General Fund to Reimburse the General Fund
for Fiscal Year 2010-2011 Building Security Costs; and Authorize the City Manager to Transfer Said
Funds.
6.M&C G-17381 - Authorize the Transfer of Funds from the Airports Gas Lease Project Fund
to the Water Capital Projects Fund in the Amount of $135,482.60 for Improvements to the
Waterline Serving the West Side of Spinks Airport to Accommodate the Development of
Hangars and Adopt Appropriation Ordinance.
The City Council approved the following recommendation: Authorize the Transfer of Funds From the
Airports Gas Lease Project Fund to the Water Capital Projects Fund in the Amount of$135,482.60 for
Improvements to the Waterline Serving the West Side of Spinks Airport to Accommodate the
Development of Hangars; and Adopt Appropriation Ordinance No. 19906-09-2011 Increasing the
Estimated Receipts and Appropriations in the Water Capital Projects Fund, From Available Funds, for
the Purpose of Funding the Improvements.
7.M&C G-17382 - Authorize the Acceptance of a $5,000.00 Grant for the 2011-2012 Take Me
FishingTM Program from the Recreational Boating and Fishing Foundation's Youth Boating and
Fishing Initiative, and the National Recreation and Park Association and Adopt Appropriation
Ordinance.
The City Council approved the following recommendation: Authorize the City Manager to Accept
Grant Funds Totaling $5,000.00 for the 2011-2012 Take Me FishingTM Program, From the
Recreational Boating and Fishing Foundation's Youth Boating and Fishing Initiative (RBFF), and the
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
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PAGE 5 of 37
(VII. CONSENT AGENDA Continued)
(G-17382 Continued)
National Recreation and Park Association (NRPA) to Provide Recreational Boating and Fishing
Experiences to Youth in Fort Worth; and Adopt Appropriation Ordinance No. 19907-09-2011
Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of Grant
Funds From the RBFF Youth Boating and Fishing Initiative and the NRPA.
B.Purchase of Equipment,Materials,and Services - Consent Items
1.M&C P-11289 - Authorize Purchase Agreements with Justin Seed Company, Inc., and John
Deere Landscapes, Inc., for Agricultural Fertilizers for the Parks and Community Services
Department for $255,000.00 for the First Year.
The City Council approved the following recommendation: Authorize Purchase Agreements With
Justin Seed Company, Inc., and John Deere Landscapes, Inc., for Agricultural Fertilizers for the Parks
and Community Services Department for $255,000.00 for the First Year.
3.M&C P-11291 - Authorize a Purchase Agreement with the Fort Worth Star-Telegram for the
Publication of Official City Notices for an Amount of $170,000.00 for One Year and Recognize
the Fort Worth Star-Telegram as the City of Fort Worth's Official Newspaper.
The City Council approved the following recommendation: Authorize a Purchase Agreement With the
Fort Worth Star-Telegram for the Publication of Official City Notices for an Amount of $170,000.00
for One (1) Year; and Recognize the Fort Worth Star-Telegram as the City of Fort Worth's Official
Newspaper.
4.M&C P-11292 - Authorize a Purchase Agreement with The Paper Plate, Incorporated to
Provide Snacks for the Parks and Community Services Department After-School Snacks
Program for an Annual Amount of$60,000.00 from Federal Grant Funds for the First Year.
The City Council approved the following recommendation: Authorize a Purchase Agreement With the
Paper Plate, Inc., to Provide Snack Meals for the Parks and Community Services Department After-
School Snacks Program for an Annual Amount of$60,000.00 From Federal Grant Funds for the First
Year.
5.M&C P-11293 - Authorize a Purchase Agreement with Environmental System Research
Institute, Inc., for Geographic Information, Using a State of Texas Department of Information
Resources Contract for the Water Department for an Amount of$374,300.00 for the First Year.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 6 of 37
(VII. CONSENT AGENDA Continued)
(P-11293 Continued)
The City Council approved the following recommendation: Authorize a Purchase Agreement With
Environmental System Research Institute, Inc., for Geographic Information, Using the State of Texas
Department of Information Resources Contract Number DIR-SDD-1637, for the Water Department for
an Amount of$374,300.00 for the First Year.
6.M&C P-11294 - Authorize a Purchase Agreement with Cummins Southern Plains, LLC, for a
300 Kilowatt Diesel Generator and Start-Up Services from Using a Houston-Galveston Area
Council Cooperative Contract for the Fort Worth Police Department in the Amount of
$60,362.00.
The City Council approved the following recommendation: Authorize the Purchase of a 300 Kilowatt
Diesel Generator and Start-Up Services From Cummins Southern Plains, LLC, Using a Houston-
Galveston Area Council Cooperative Contract No. GE02-10 for the Fort Worth Police Department in
the Amount of$60,362.00.
7.M&C P-11295 - Authorize a Purchase Agreement with MSC Industrial Supply Company for
Maintenance, Repair and Operating Supplies Using a Texas Association of School Boards
Cooperative Contract for All City Departments for an Amount of$500,000.00 for the First Year.
The City Council approved the following recommendation: Authorize a Purchase Agreement for
Maintenance, Repair and Operating Supplies From MSC Industrial Supply Company Using the Texas
Association of School Boards Cooperative Contract Number 339-10 for All City Departments for an
Amount of$500,000.00 for the First Year.
8.M&C P-11296 - Authorize a Sole Source Purchase Agreement with RDO Equipment Co., for
Repair Services and Replacement Parts for the Equipment Services Department for an Amount
of$100,000.00 for the First Year.
The City Council approved the following recommendation: Authorize a Sole Source Purchase
Agreement With RDO Equipment Co., for Repair Services and Replacement Parts for the Equipment
Services Department for an Amount of$100,000.00 for the First Year.
C.Land - Consent Items
1.M&C L-15244 - Authorize Sale of a Strip of Land Consisting of Seventy-Five Square Feet of
City-Owned Property Located at 3731 Camp Bowie Boulevard to the Adjacent Owners Stephen
J. Mallick and Michael T. Barnes.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 7 of 37
(VII. CONSENT AGENDA Continued)
(L-15244 Continued)
The City Council approved the following recommendation: Authorize the Sale and Conveyance of a
Six (6) Inch Strip of Land Containing 75 Square Feet Located at 3731 Camp Bowie Boulevard,
Described as Being the Northeast 0.5 Feet of Lot 10, Block 6, Hi-Mount Addition to the City of Fort
Worth, Tarrant County, Texas, to Stephen Mallick and Michael T. Barnes in Consideration of the
Payment to the City of $500.00 and Bearing the Expense of Replatting Both the City Property and
Their Property.
2.M&C L-15245 - Authorize Execution of a Lease Agreement with Town Center Mall, L.P., for
Office Space at 4200 South Freeway for the Planning and Development Department in an
Amount Not to Exceed $14,928.00 Annually.
The City Council approved the following recommendation: Authorize the Execution of a Lease
Agreement With Town Center Mall, L.P., for Office Space in Property Located at 4200 South Freeway
for an Amount Not to Exceed $14,928.00 Annually; and Authorize the Agreement to be Effective
October 1, 2011, and Ending September 30, 2013.
4.M&C L-15247 - Authorize the Acquisition of an Easement Interest in 1.107 Acres of Land for
Sanitary Sewer Located on an Undeveloped Tract of Land on the North Side of Wilbarger Street
and East of Carey Street from Lawhon,Inc.,for $90,385.00 and Pay the Estimated Closing Costs
of$3,500.00 for a Total Cost of$93,885.00.
The City Council approved the following recommendation: Authorize the Acquisition of an Easement
Interest in 1.107 Acres of Land for Sanitary Sewer Located in the J.M. Daniel Survey, Abstract No.
395, Tarrant County, Texas, on the North Side of Wilbarger Street and East of Carey Street From
Lawhon, Inc., in the Amount of $90,385.00 and Pay the Estimated Closing Cost of $3,500.00; Find
That the Amount of$90,385.00 is Just Compensation; and Authorize the Acceptance and Recording of
Appropriate Instruments.
5.M&C L-15248-Authorize a Residential Lease Agreement with Greg Asikis for Approximately
0.12 Acres of Property Within Northwest Community Park in Exchange for Providing Basic
Caretaker Services for the Park.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Residential Lease Agreement With Greg Asikis for Approximately 0.12 Acre of Property Within
Northwest Community Park in Exchange for Providing in-Kind Basic Caretaking Services for the
Park.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 8 of 37
(VII. CONSENT AGENDA Continued)
D.Planning & Zoning - Consent Items
1.M&C PZ-2956 - Authorize Initiation of Rezoning for Certain Properties in the Greenway
Neighborhood in Accordance with the Comprehensive Plan.
The City Council approved the following recommendation: Authorize the City Manager to Initiate
Certain Zoning Changes in the Greenway Neighborhood, From "A-5" One (1) Family, "B" Two (2)
Family, "CF" Community Facilities, "E" Neighborhood Commercial and "I" Light Industrial to "A-5"
One (1) Family, "B" Two (2) Family, "CF" Community Facilities, "ER" Neighborhood Commercial
Restricted and"E"Neighborhood Commercial, in Accordance With the Comprehensive Plan.
E.Award of Contract- Consent Items
1.M&C C-25163 - Authorize Execution of a Renewal Agreement in the Amount of $48,034.00
with Charles W. Evans for Professional Legislative Consulting Services and Representation of
the City on State Issues Before the Texas State Legislature, State Agencies and the Office of the
Governor.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Renewal Agreement in the Amount of$48,034.00 With Charles W. Evans for Professional Legislative
Consulting Services for the City of Fort Worth and Representation of the City Before the Texas State
Legislature, State Agencies and the Office of the Governor. The Term of the Contract Will be From
October 1, 2011, to September 30, 2012.
2.M&C C-25164 - Authorize Execution of a Renewal Agreement in the Amount of $37,180.00
with Walter Fisher and Associates for Professional Legislative Consulting Services and
Representation of the City on State Issues Before the Texas State Legislature, State Agencies and
the Office of the Governor.
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Renewal Agreement in the Amount of$37,180.00 With Walter Fisher and Associates for Professional
Legislative Consulting Services for the City of Fort Worth and Representation of the City Before the
Texas State Legislature, State Agencies and the Office of the Governor. The Term of the Contract Will
be From October 1, 2011, to September 30, 2012.
3.M&C C-25165 - Authorize the City Manager to Execute a Communications Systems
Agreement with the Town of Lakeside for Participation in the City of Fort Worth's Two-Way
Public Safety Radio System at No Cost to the City of Fort Worth.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 9 of 37
(VII. CONSENT AGENDA Continued)
(C-25165 Continued)
The City Council approved the following recommendation: Authorize the City Manager to Execute a
Communications Systems Agreement With the Town of Lakeside for Participation in the City of Fort
Worth's Two (2) Way Public Safety Radio System for Mutual Aid Purposes at No Cost to the City of
Fort Worth.
4.M&C C-25166 - Authorize Execution of an Easement Encroachment Agreement with
Property Owners Michael and Elizabeth Patterson for the Construction of a Retaining Wall
Over a Fifteen Foot Utility Easement at 7028 Oakmont Terrace.
The City Council approved the following recommendation: Authorize the Execution of an Easement
Encroachment Agreement With Property Owners Michael and Elizabeth Patterson for the Construction
of a Retaining Wall Over a 15-Foot Utility Easement at 7028 Oakmont Terrace.
6.M&C C-25168 - Rescind City Secretary Contract No. 39111 with McClendon Construction
Company, Inc., in the Amount of $832,409.00 for 2007 Critical Capital Project for Total
Reconstruction of Premature Failed Streets at Thirteen Locations and Authorize Execution of a
Contract with Conatser Construction TX, LP, in the Amount of$927,635.00 for Reconstruction
of Premature Failed Streets at Thirteen Locations.
The City Council approved the following recommendation: Authorize the Rescission of City Secretary
Contract No. 39111 With McClendon Construction Company, Inc., in the Amount of$832,409.00 for
2007 Critical Capital Project for Total Reconstruction and Partial Replacement of Premature Failed
Streets; and Authorize Execution of a Contract With Conatser Construction TX, LP, in the Amount of
$927,635.00 for Reconstruction of Premature Failed Streets, at Caddo Drive, From Dove Creek Drive
to Woodland Springs Drive; Gold Creek Drive, From Gold Creek Drive, East to Woodland Springs
Drive; Gold Creek Drive, From Hickory Circle, South to Gold Creek Drive; Postwood Drive, From
185 Feet West of Wispwillow Drive to 295 Feet East of Wispwillow Drive; Raisintree Drive, From
Comstock Circle to North Caylor Road and Partial Replacement at Basilwood Drive, From 11750
Basilwood Drive to Twin Creeks Drive; North Caylor Road, From Park Vista Boulevard to 12333
North Caylor Road; Copper Creek Drive, From Caddo Drive to 5211 Copper Creek Drive; Copper
Creek Drive, From 5221 Copper Creek Drive to South Cul-de-Sac; Gold Creek Drive, From Copper
Creek Drive to Woodland Springs Drive; Ponder Street, From Winterberry Lane to East Cul-de-Sac;
Shale Drive, From Raisintree Drive to Woodland Springs Drive; Winterberry Lane, From Cornerwood
Drive to West Caylor Road.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 10 of 37
(VII. CONSENT AGENDA Continued)
7.M&C C-25169 -Authorize Execution of a Contract with Conatser Construction TX, LP,in the
Amount of$519,994.00 for Reconstruction of Premature Failed Streets at Four Locations.
The City Council approved the following recommendation: Authorize the Execution of a Contract
With Conatser Construction TX, LP, in the Amount of $519,994.00 for Reconstruction and Partial
Replacement of Premature Failed Streets at Big Thicket Drive, From 135 Feet East of Muir Drive to
Rainy Lake Drive; Chisos Rim Trail, From 130 Feet East of Big Thicket Drive to Arcadia Park Drive;
Rainy Lake Drive, From North Tarrant Parkway to Arcadia Park Drive and Partial Replacement at
Arcadia Park Drive, From 8840 Arcadia Park Drive to 8849 Arcadia Park Drive.
8.M&C C-25170 -Authorize Execution of Amendment No. 7 in the Amount of$17,370.00 to City
Secretary Contract No. 32378, which is an Engineering Services Agreement with Teague Nall
and Perkins, Inc., for the Design of Golden Triangle Boulevard from Interstate Highway 35W to
United States Highway 377,Thereby Establishing a Total Contract Cost of$2,389,476.00.
The City Council approved the following recommendation: Authorize the Execution of Amendment
No. 7 in the Amount of $17,370.00 to City Secretary Contract No. 32378, an Engineering Services
Agreement With Teague Nall and Perkins, Inc., for the Design of Golden Triangle Boulevard From
Interstate Highway 35W to US Highway 377, Thereby Establishing a Total Contract Cost of
$2,389,476.00.
9.M&C C-25171 - Authorize Execution of a Storm Water Facility Maintenance Agreement with
HEI Fort Worth LP, on Property Located at 3602 Championship Parkway in the Jessie Daniel
Survey,Abstract No. 349,Denton County,Texas, at No Cost to the City.
The City Council approved the following recommendation: Authorize the Execution of a Storm Water
Facility Maintenance Agreement With HEI Fort Worth, LP, for Property Located at 3602
Championship Parkway, Described as Block 1, Lot 1, Beechwood Business Park, in the Jessie Daniel
Survey, Abstract No. 349, Denton County, Texas, at No Cost to the City.
10.M&C C-25172 - Authorize Execution of a Storm Water Facility Maintenance Agreement
with Texas Health Resources on Property Located at 425 Alabama Avenue, Jennings South
Addition, at No Cost to the City.
The City Council approved the following recommendation: Authorize the Execution of a Storm Water
Facility Maintenance Agreement With Texas Health Resources for Property Located at 425 Alabama
Avenue in the Jennings South Addition, Block 29, Lot 1R, at No Cost to the City.
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SEPTEMBER 20,2011
PAGE 11 of 37
(VII. CONSENT AGENDA Continued)
11.M&C C-25173 - Authorize Execution of a Storm Water Facility Maintenance Agreement
with CVS Pharmacy, Inc., on Property Located North of Seminary Drive and Southwest of
Anthony Street,in the South Side Addition,Lot 4R,Block 7.
The City Council approved the following recommendation: Authorize the Execution of a Storm Water
Facility Maintenance Agreement With CVS Pharmacy, Inc., for Property Located North of Seminary
Drive and Southwest of Anthony Street, in the South Side Addition, Lot 4R, Block 7, at No Expense to
the City.
12.M&C C-25174 - Authorize Execution of Change Order No. 1 in the Amount of$36,900.00 to
City Secretary Contract No. 41400 with New Star Grading and Paving Company, for Sidewalk
Infrastructure Project Phase II at Various Locations.
The City Council approved the following recommendation: Authorize the City Manager to Execute
Change Order No. 1 in the Amount of $36,900.00 to City Secretary Contract No. 41400 With New
Star Grading and Paving Company, for Sidewalk Infrastructure Project Phase II, Thereby Increasing
the Total Contract Amount to $449,650.00.
13.M&C C-25175 - Authorize Execution of an Agreement with Halff Associates, Inc., in the
Amount of$404,465.00 for the Big Bear Creek Master Plan.
The City Council approved the following recommendation: Authorize Execution of an Agreement
With Halff Associates, Inc., in the Amount of$404,465.00 for the Big Bear Creek Master Plan.
14.M&C C-25176 -Authorize Execution of an Agreement with URS Corporation in the Amount
of$181,890.00 for the Glenwood Creek Master Plan.
The City Council approved the following recommendation: Authorize Execution of an Agreement
With URS Corporation in the Amount of$181,890.00 for the Glenwood Creek Master Plan.
15.M&C C-25177 - Authorize a Contract with Westin Engineering, Inc., to Support the
Stormwater Utility's Implementation of Various Technology Initiatives Including a Work Order
and Asset Management System for an Amount Not To Exceed $150,000.00 for the First Year.
The City Council approved the following recommendation: Authorize a Contract With Westin
Engineering, Inc., to Support the Stormwater Utility's Implementation of Various Technology
Initiatives Including a Work Order and Asset Management System for an Amount Not to Exceed
$150,000.00 for the First Year.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 12 of 37
(VII. CONSENT AGENDA Continued)
16.M&C C-25178 - Authorize an Amendment to City Secretary Contract No. 33979 with the
City of Mansfield for Detention Services
The City Council approved the following recommendation: Authorize an Amendment to City
Secretary Contract No. 33979 With the City of Mansfield for Detention Services.
17.M&C C-25179 - Authorize Execution of a Terminal Building Office Lease Agreement for
Suite 210 with Check-6 Training Systems,Inc., at Fort Worth Meacham International Airport.
The City Council approved the following recommendation: Authorize the Execution of a Terminal
Building Office Lease Agreement for Suite 210 With Check-6 Training Systems, Inc., at Fort Worth
Meacham International Airport.
18.M&C C-25180 -Authorize Execution of Change Order No. 3 in the Amount of$57,704.30 for
a Total Contract Amount of $1,835,191.30 to City Secretary Contract No. 39624 with Burnsco
Construction, Inc., for Sanitary Sewer Rehabilitation Contract LXX (70), Part 4 on Monticello
Drive,Potomac Avenue,Williamsburg Lane and West Jarvis Street.
The City Council approved the following recommendation: Authorize Execution of Change Order No.
3 in the Amount of $57,704.30 for a Total Contract Amount of $1,835,191.30 to City Secretary
Contract No. 39624 With Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation Contract LXX
(70), Part 4 on Monticello Drive, Potomac Avenue, Williamsburg Lane and West Jarvis Street.
19.M&C C-25181 - Authorize Execution of a Contract in the Amount of $882,189.10 with
Wright Construction Co., Inc., for Walsh Ranch Sewer Main Extension, Phase 1C to Serve
Walsh Ranch.
The City Council approved the following recommendation: Authorize Execution of a Contract in the
Amount of$882,189.10 With Wright Construction Co., Inc., for Walsh Ranch Sewer Extension, Phase
IC.
VIII.PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS
1.00S -1827- Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20,2011
PAGE 13 of 37
B.Purchase of Equipment, Materials, and Services - Consent Items (Removed from Consent for
Individual Consideration)
2.M&C P-11290 - Authorize Purchase Agreements with Master Meters, Inc., Bader Meter, Inc.,
and Aqua Metric Sales Company for Water Meters for the Water Department for a Combined
Amount of$900,000.00 for the First Year.
The recommendation was that the City Council Authorize Purchase Agreements With Master Meters,
Inc., LLC, Bader Meter, Inc., and Aqua Metric Sales Company for Water Meters for the Water
Department for a Combined Amount of$900,000.00 for the First Year.
City Secretary Hendrix advised that the word Bader should be corrected to read Badger throughout
Mayor and Council Communication No. P-11290.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that
Mayor and Council Communication No. P-11290 be approved as amended. The motion
carried unanimously nine (9) ayes to zero (0)nays.
C.Land - Consent Items (Removed from Consent for Individual Consideration)
3.M&C L-15246 - Authorize Conveyance of an Easement to Oncor Electric Delivery for
Electrical Equipment and Appurtenances for the Kimbell Art Musuem on City Property
Located at 3333 Camp Bowie Boulevard.
The recommendation was that the City Council Authorize the Conveyance of an Easement to Oncor
Electric Delivery for Electrical Equipment and Appurtenances to the Kimbell Art Museum on City
Property Located at 3333 Camp Bowie Boulevard, Described as a Tract of Land Situated in the John P.
Montgomery Survey, Abstract No. 1030, City of Fort Worth, Tarrant County, Texas, and Being a
Portion of Lot 1, of the Kimbell, an Addition to the City of Fort Worth, Texas; and Authorize the
Execution and Recording of Necessary Documents to Complete the Conveyance.
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 Shingleton made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. L-15246 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member
Scarth.
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E.Award of Contract- Consent Items (Removed from Consent for Individual Consideration)
5.M&C C-25167 - Authorize Execution of an Encroachment Agreement with XTO Ener2y Inc.,
for the Installation of a High Density Polyethylene Duct for Fiber Optic and Copper Cable
Within the Public Right-of-Way Alone the Southern Side of West Seventh Street from Calhoun
Street to Grove Street.
The recommendation was that the City Council Authorize Execution of an Encroachment Agreement
With XTO Energy, Inc., for the Installation of a High Density Polyethylene Duct for Fiber Optic and
Copper Cable Within the Public Right-of-Way Along the Southern Side of West Seventh Street From
Calhoun Street to Grove Street.
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 Shingleton made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. C-25167 be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member
Scarth.
IX.SPECIAL PRESENTATIONS,INTRODUCTIONS,ETC.
1.Update on Presentation of the 2011 Employee Food Drive Results
Mayor Price announced that the food bank received another donation from City employees that
significantly increased the total from the last report. She congratulated the City employees for a
successful food drive.
X.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1.Upcoming and Recent Events
Council Member Burns announced that he and Council Member Shingleton attended the Historic Fort
Worth Annual Preservation Awards Ceremony. He stated that the City of Fort Worth received an
award for the restoration of the Al Hayne Monument, located on Lancaster and Main Street. He also
recognized the many other awards recipients for restoration in District 9. He also advised that Ms.
Maribell Chavez, Engineer, Texas Department of Transportation, and Mr. Bob Simpson, former
Chairman, XTO Energy, were the recipients of the Preservation Achievement Award. He also
announced he attended the Downtown Fort Worth, Inc., Trailblazers Award Ceremony and advised
that the City of Fort Worth received an award for the Hyde Park Transit Plaza and read the numerous
other awards and recipients that were also presented at the ceremony. He also announced that a Back to
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(X.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued)
School Celebration would be held at Greenbriar Community Center on September 24, 2011, from
12:00 p.m. to 4:00 p.m., and stated the event would feature archery, fishing lessons, inflatable games
and live music. Council Member Burns recognized his appointee, James Marshall, who was in the
audience, and praised him for his work on the Parks and Community Advisory Board.
Council Member Scarth announced the "Best is Yet to Come" event, sponsored by Score A Goal in the
Classroom and many other organizations, was held on September 17, 2011, and was a great success.
He stated the purpose of the event was to read and mentor to children and added that local school
Superintendents and businesses were also honored for their commitment to literacy. He also announced
that Cowtown Cruisin' for a Cure was held on September 17, 2011, and stated the event promoted
prostate cancer awareness and early screening. He stated that 500 cars were on display and added he
hoped lives were saved by early cancer screening at the event.
Council Member Shingleton announced that Jazz by the Boulevard had grown and was renamed the
Fort Worth Music Festival. He stated that the festival would be held September 30, 2011, through
October 1, 2011, and would feature 20 bands, food and family fun.
Council Member Hicks announced the second annual Tarrant County Harambee Festival in the historic
Evans Avenue Plaza of Terrell Heights and would be held on October 1, 2011, from 9:00 a.m. to
8:00 p.m. She stated the event would feature a parade, wellness booth, food and live entertainment and
added for more information to contact 817-392-8808.
Mayor Price expressed appreciation to the Eastside Sector and everyone who participated in the "Ride
with the Mayor"bicycling event at Texas Wesleyan University. She announced the next"Ride with the
Mayor" event would be held on October 29, 2011, at the Naval Air Station Joint Reserve Base Fort
Worth.
2.Recognition of Citizens
There were no citizens recognized at this time.
XI.PRESENTATIONS BY THE CITY COUNCIL
1.Changes in Membership on Boards and Commissions
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that Betty
Story, Place 3, Jay Sabatucci, Place 5 and Charlsye Lewis, Place 7 be reappointed to the
Animal Shelter Advisory Committee with terms expiring on October 1, 2013. The motion
carried unanimously nine (9) ayes to zero (0)nays.
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(XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued)
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that
Robert"Bob" Kelly, Alternate 11 be reappointed to the City Plan Commission with the term
expiring on October 1, 2013. The motion carried unanimously nine (9) ayes to zero (0)nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that
Henry Borbolla, Place 1, Nina Petty, Place 5 and James Richards, Place 7 be reappointed to
the Downtown Design Review Board with terms expiring on October 1, 2013. The motion
carried unanimously nine (9) ayes to zero (0)nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that
Matthew Carter be reappointed to the Downtown Design Review Board with the term
expiring on October 1, 2013. The motion carried unanimously eight(8) ayes to zero (0)nays
and one (1) abstention by Mayor Price.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that
James Samuel Greif be reappointed to the Tarrant County 911 Emergency Assistance
District Board with the term expiring on April 1, 2013. The motion carried unanimously nine
(9) ayes to zero (0)nays.
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that
Marie B. Love, Place 2 be appointed to the Capital Improvements Plan Advisory Committee
with no expiration term. The motion carried unanimously nine (9) ayes to zero (0)nays.
2.Council Proposal No. 287 - Waiver of All City Fees Related to the Development and
Construction of the 9/11 Tribute Exhibit at the Fort Worth Museum of Science and History
Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks, to
suspend the rules for adoption of the Council Proposal. The motion carried unanimously
nine (9) ayes to zero (0)nays.
Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that
Council Proposal No. 287 be approved. The motion carried unanimously nine (9) ayes to
zero (0)nays.
XII.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES
1.Report by the Parks and Community Services Advisory Board
Richard Zavala, Director of Parks and Community Services introduced Sheila Hill, Chair of the Parks
and Community Services Advisory Board.
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(XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS
AND/OR CITY COUNCIL COMMITTEES #1 Continued)
Chairperson Hill spoke before the Council on their 2011 Annual Report, their concerns, issues, goals
and accomplishments. She also recognized other members of the board and those that were present at
the meeting.
Council Member Hicks recognized her appointee to the board, Ruth Tunstle, and requested the board
pursue more grants to develop more park sites and pools throughout the City.
Mayor Price expressed appreciation to Ms. Hill and the Parks and Community Services Advisory
Board members for their service and commitment to making the City a wonderful place to live, work
and play.
City Secretary Hendrix advised that Council would move down the agenda to Agenda Item No. XVI.
Report of the City Manager, to consider Mayor and Council Communication Nos. G-17384, G-17385
and G-17386.
2.M&C G-17384 - Conduct a Public Hearing and Adopt Ordinance Amending Section 12.5-340
of the City Code, Categories of Drainage Utility Rates by Revising Monthly Fees Assessed for the
Municipal Drainage Utility System to be Effective January 1,2012 (PUBLIC HEARING)
The recommendation was that the City Council Conduct a Public Hearing and Adopt an Ordinance
Amending the Code of the City of Fort Worth (1986), as Amended, by the Amendment of Chapter
12.5, Section 12.5-340 "Categories of Drainage Utility Rates", Subsection (B), to Revise the Monthly
Drainage Utility Fees Assessed.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
a.Report of City Staff
Mr. Joe Komisarz, Senior Services Manager, Transportation Public Works Department, appeared
before Council and provided a staff report.
b.Citizen Presentations
Ms. Amanda Bigbee, 300 Keller Parkway, Keller, Texas 76244, appeared before Council in opposition
to Mayor and Council Communication No. G-17384 and stated that the Keller Independent School
District (KISD) was against increasing the monthly fees assessed for the drainage utility system. She
stated that the storm water utility fees charged to the school district have increased 263% over the last
six (6)years. She stated that most of the school district's newest buildings have been located in Fort
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(G-17384 Continued)
Worth. She further stated that the new construction had included environmental elements such as
retention and detention ponds to assist with storm water runoff. She pointed out that the City had not
provided any reduction in the fee for such buildings, despite their efforts to solve their own storm
water issues. She also advised that KISD was in a financial crisis and had worked diligently to cut
approximately $14 million out of its current budget. She further advised that any increase in budgeted
expenditures would have a negative impact on classroom instruction and services offered to students.
On behalf of KISD, she requested the City not impose the 14% increase but also that the City
reconsider the rates it charged to public school districts which pay those fees with tax payer money.
She provided a handout of her comments to the Mayor and City Council.
Dr. Doug Wiersig, Director, Transportation and Public Works Department, advised that staff had been
discussing options with KISD to determine what credits were available, to relative to the new
construction, in order to offset the increase in rates and would continue those discussions.
Council Members Espino and Scarth stated the City had an excellent working relationship with KISD
and encouraged staff to continue working with KISD to produce a solution that would benefit
everyone.
c.Council Action
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that the
public hearing be closed and Mayor and Council Communication No. G-17384 be approved
and Ordinance No. 19908-09-2011 be adopted. The motion carried unanimously nine (9)
ayes to zero (0)nays.
3.M&C G-17385 - Adopt Ordinance Revising Wholesale Water, Wastewater and Raw Water
Service Rates and Amending Chapter 35 Water and Sewers,Article III Charges, Section 35-56 of
the City Code.
The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of
Fort Worth (1986), as Amended, Chapter 35 "Water and Sewers", Article III "Charges", Section 35-
56, "Water and Sewer Rates Within the City" by Amending Subsections (g) Through 0); by Adding
Subsection (k) With an Effective Date of Billing on or After November 1, 2011, for Usage of Flows
From and After October 1, 2011, for Wastewater and Water.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. G-17385 be approved and Ordinance No. 19908-09-2011
be adopted. The motion carried unanimously nine (9) ayes to zero (0)nays.
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4.M&C G-17386 - Adopt Ordinance Revising Retail Water and Wastewater Rates and Charles
for Volume Usage and Amending Sections 35-56 B, C and D, Article III Charles, of Chapter 35
Water and Sewers of the City Code,Effective January 1,2012.
The recommendation was that the City Council Adopt an Ordinance Amending Section 35-56 (b), (c)
and (d), Article III Charges of Chapter 35, "Water and Sewers", of the Code of the City of Fort Worth
(1986), as Amended, by Revising and Adding Certain Volume Rates and Charges, Effective
January 1, 2012.
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth that Mayor
and Council Communication No. G-17386 be approved and Ordinance No. 19910-09-2011
be adopted. The motion carried unanimously nine (9) ayes to zero (0)nays.
(The City Council moved back up the agenda to Agenda Item No. XIII. Budget Hearing and proceeded
with the regular order of the agenda.)
XIII.BUDGET HEARING
1.Hearing on Proposed Fiscal Year 2011-2012 Appropriation Ordinance, Debt Service
Ordinance and Ad Valorem Tax Levy Ordinance
1.Report of City Staff
Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a
staff report.
2.Citizen Presentations
Ms. Libby Willis, President, Fort Worth League of Neighborhoods, P.O. Box 3088, completed an
"undecided" speaker card relative to the City Manager's proposed FY 2011-2012 Budget. She advised
of the League's review of the proposed budget and their findings. She stated that the Fort Worth
League of Neighborhoods was requesting a response to the following inquires prior to December 1,
2011,which was their next membership meeting. She provided a handout of her comments.
• How will the new $95 million Police and Fire Training Center affect the ability to fund the
construction of badly needed new roads and repairs throughout the City?
• What will happen to neighborhood services including new construction and repair of streets,
storm water infrastructure maintenance, median maintenance; availability of swimming pools
and libraries, code enforcement services and police and fire services?
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(XIII. BUDGET HEARING Continued)
• Where can the League locate a report on the options for pension fund and capital project
spending and how will those options affect neighborhood services?
• Where can the League locate a report on big picture municipal financial planning for
neighborhood services as compared to capital projects to ensure that financial planning was
occurring?
3.Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks, that the
budget hearing and the tax rate public hearing be closed. The motion carried unanimously
nine (9) ayes to zero (0)nays.
XIV. ORDINANCES
1.An Ordinance Setting Forth an Itemized Estimate of the Expense of Conducting Each
Department, Division, and Office of the Municipal Government of the City of Fort Worth for the
Ensuing Fiscal Year Be2innin2 October 1, 2011, and Ending September 30, 2012, and
Appropriating Money for the Various Funds and Purposes of Such Estimate; Providing for
Public Hearings Upon This Ordinance Before The Entire City Council Sitting as a Committee of
the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal
of All Ordinances and Appropriations in Conflict With the Provisions of This Ordinance; and
Providing for the Publication and Final Passage Thereof
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that
Ordinance No. 19911-09-2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0)nays.
2.An Ordinance Setting Forth an Estimate of the Expense of the General Debt Service Fund of
the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Be2innin2
October 1, 2011, and Ending September 30, 2012, and Appropriating Money for the General
Debt Service Fund and Purpose of Such Estimate; Appropriating Money to Pay Interest and
Principal Sinking Fund Requirement on All Outstanding General Indebtedness; Providing for
Public Hearings Upon This Ordinance Before the Entire City Council Sitting as a Committee of
the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal
of All Ordinances and Appropriations in Conflict With the Provisions of This Ordinance; and
Providing for the Publication and Final Passage Thereof
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that
Ordinance No. 19912-09-2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0)nays.
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3.An Ordinance Providing for the Levy and Collection of an Annual Ad Valorem Tax on All
Property, Real, Personal and Mixed, Situated Within the Territorial Limits of the City of Fort
Worth, Texas, and All Personal Property Owned in Said City of Fort Worth, Texas, on the First
Day of January, A.D. 2011, Except Such Property as May Be Exempt from Taxation By the
Constitution and Laws of the State of Texas; and Providing a Severability Clause; and Providing
a Savings Clause for the Repeal of All Ordinances in Conflict With the Provisions of This
Ordinance; and Providing for the Publication and Final Passage Thereof.
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that
revenue from the property tax rate be increase by the adoption of a tax rate of $0.8550,
which was effectively a 0.63 percent increased in the tax rate and that Ordinance No.
19913-09-2011 be adopted. The motion carried unanimously nine (9) ayes to zero(0)nays.
XV.RESOLUTIONS
1.A Resolution of the City Council of the City of Fort Worth, Texas, Ratifying the Property Tax
Revenue Increase Reflected in the Fiscal Year 2012 Budget, in Accordance with Section
102.007(c) of the Texas Local Government Code
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that
Resolution No. 4023-09-2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0)nays.
Mayor Price, Mayor Pro tem Zimmerman, and Council Members Hicks, Jordan, Scarth, Burns and
Espino all expressed appreciation to City staff for a job well done and another successful balanced
budget. They expressed concerns about one (1) time solutions being used to balance the budget and
reminded everyone that the tough economic times were not over and next year would also be a difficult
budget year.
2.A Resolution in Support of a Nationwide Public Safety Broadband Network
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, that
Resolution No. 4024-09-2011 be adopted. The motion carried unanimously nine (9) ayes to
zero (0)nays.
XVI.REPORT OF THE CITY MANAGER
B.General
1.M&C G-17383 - Adopt Appropriation Ordinance Increasing Estimated Receipts and
Appropriations in the Capital Proiects Reserve Fund by $4,400,000.00,Authorize the Transfer of
$4,400,000.00 from the Capital Proiects Reserve Fund to the New Equipment Purchases Fund
for the Purpose of Funding Fiscal Year 2011 Fire Equipment Purchases and Adopt
Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the New
Equipment Purchases Fund by$4,400,000.00.
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PAGE 22 of 37
(G-17383 Continued)
The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Capital Projects Reserve Fund in the Amount of
$4,400,000.00, From Available Funds, for the Purpose of Transferring Said Funds to the New
Equipment Purchases Fund for Fiscal Year 2011 Fire Equipment Purchases; Authorize the Transfer
From the Capital Projects Reserve Fund to the New Equipment Purchases Fund for the Purchases; and
Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the New
Equipment Purchases Fund, From Available Funds, for the Purpose of Funding the Purchases.
Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that
Mayor and Council Communication No. G-17383 be approved and Appropriation Ordinance
Nos. 19914-09-2011 and 19915-09-2011 be adopted. The motion carried unanimously nine
(9) ayes to zero (0)nays.
5.M&C G-17387 - Approve Applications for Partial Approval of the Historic Site Tax
Exemption for 1116 West Arlington Avenue, 1228 West Jessamine Street, 1601 South Adams
Avenue, 2408 Harrison Avenue, 312 West Cannon Street, 1314 Alston Avenue, 1937 Fairmount
Avenue and 1906 South Henderson Street.
The recommendation was that the City Council Approve the Applications From Multiple Property
Owners for Partial Approval of the Historic Site Tax Exemption for 1116 West Arlington Avenue,
1228 West Jessamine Street, 1601 South Adams Avenue, 2408 Harrison Avenue, 312 West Cannon
Street, 1314 Alston Avenue, 1937 Fairmount Avenue and 1906 South Henderson Street.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. G-17387 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
6.M&C G-17388 - Approve Verification of Historic Site Tax Exemptions for 1116 West
Arlington, 1922 6th Avenue, 2343 Mistletoe Boulevard, 2228 Mistletoe Boulevard and 2120
Fairmount Avenue.
The recommendation was that the City Council Approve the Applications From Multiple Property
Owners for Verification of the Historic Site Tax Exemption for 1116 West Arlington, 1922 6th
Avenue, 2343 Mistletoe Boulevard, 2228 Mistletoe Boulevard And 2120 Fairmount Avenue.
Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that
Mayor and Council Communication No. G-17388 be approved. The motion carried
unanimously nine (9) ayes to zero(0)nays.
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7.M&C G-17389 - Adopt Ordinance Amending Chapter 2, Article I, Section 2-9 of the Fort
Worth City Code to Increase the Threshold Amount of the City Manager's Public Works
Chante Order Authority from $25,000.00 to $50,000.00.
The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of
Fort Worth, Texas (1986), as Amended, to Increase the Threshold Amount of the City Manager's
Public Works Change Order Authority to be Administratively Approved to $50,000.00 or Less by
Amending Subsection (f) of Section 2-9, "Contract Execution; Amendments; Change Orders," Article
I, "General," Chapter 2, "Administrative".
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth that
Mayor and Council Communication No. G-17389 be approved and Ordinance No.
19916-09-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)nays.
8.M&C G-17390 - Adopt a Resolution Reappointing Kimberly Britton as Trustee to Place 11 on
the Board of Trustees of the City of Fort Worth Employees' Retirement Fund.
The recommendation was that the City Council Adopt a Resolution Reappointing Kimberly Britton as
Trustee to Place 11 on the Board of Trustees of the City of Fort Worth Employees' Retirement Fund
for a Term Ending on August 31, 2013.
Motion: Council Member Jordan made a motion, seconded by Council Member Espino that Mayor
and Council Communication No. G-17390 be approved and Resolution No. 4025-09-2011
be adopted. The motion carried unanimously nine (9) ayes to zero(0)nays.
9.M&C G-17391 - Approve the Use of $250,000.00 from Fort Worth Housing Finance
Corporation Fund for Administrative Costs for the HOME Investment Partnerships Program
and Community Development Block Grant Programs and Adopt Appropriation Ordinance.
The recommendation was that the City Council Approve the Use of$250,000.00 From the Fort Worth
Housing Trust Fund Portion of the Fort Worth Housing Finance Corporation Fund for Administrative
Costs for the HOME Investment Partnerships Program and Community Development Block Grant
Programs for the 2011-2012 Program Year; and Adopt an Appropriation Ordinance Increasing the
Estimated Receipts and Appropriations in the Fort Worth Housing Finance Corporation Fund, From
Available Funds, for the Purpose of Funding Administrative Costs for the Programs.
Motion: Council Member Hicks made a motion, seconded by Council Member Moss that Mayor and
Council Communication No. G-17391 be approved and Appropriation Ordinance No.
19917-09-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)nays.
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10.M&C G-17392 -Authorize Third Amendment to City Secretary Contract No. 32788 with the
Fort Worth Botanical Society,Inc., to Provide for Construction of Accessibility Improvements to
the Japanese Garden with City Participation in the Amount of $250,000.00 from the Risk
Management Fund,Accept Donation of Society's Contribution Toward Improvements Valued at
Approximately $350,000.00,Authorize Transfer of Funds and Adopt Appropriation Ordinance.
The recommendation was that the City Council Authorize the City Manager to Execute a Third
Amendment to City Secretary Contract No. 32788 With the Fort Worth Botanical Society, Inc., to
Allow the Fort Worth Botanical Society, Inc., to Award and Administer Contracts for the Construction
of Accessibility Improvements to the Japanese Garden at the Fort Worth Botanic Garden With City
Participation in the Amount of$250,000.00 From the Risk Management Fund; Authorize the Transfer
of $250,000.00 From the Risk Management Fund to the Specially Funded Capital Projects Fund to
Partially Cover Costs Associated With Accessibility Improvements to the Japanese Garden at the Fort
Worth Botanic Garden; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and
Appropriations in the Specially Funded Capital Projects Fund, From Available Funds, for the Project;
and Upon Completion of Accessibility Improvements, Accept Donation of the Fort Worth Botanical
Society, Inc.'s, Contribution to the Project, Which is Valued at Approximately $350,000.00.
Council Member Shingleton expressed appreciation to the Fort Worth Botanical Society for their
continued support of the Botanic Garden and stated that this gift exemplified their efforts to make the
Japanese Garden the best in the Nation. He recognized members in the audience who had been vital to
this process.
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan that
Mayor and Council Communication No. G-17392 be approved and Appropriation Ordinance
No. 19918-09-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0)
nays.
11.M&C G-17393 - Authorize Acceptance and Recording of a Gift Deed from the Fort Worth
Zoological Association for the Outdoor Learning Theater.
The recommendation was that the City Council Authorize the Acceptance and Recording of the Gift
Deed From the Fort Worth Zoological Association for the Outdoor Learning Theater.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. G-17393 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
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12.M&C G-17394 - Authorize Acceptance and Recording of a Gift Deed from the Fort Worth
Zoological Association for the Special Event Restroom Building.
The recommendation was that the City Council Authorize the Acceptance and Recording of the Gift
Deed From the Fort Worth Zoological Association for the Special Event Restroom Building.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth that Mayor and
Council Communication No. G-17394 be approved. The motion carried unanimously nine
(9) ayes to zero (0)nays.
13.M&C G-17395 - Conduct a Public Hearing and Adopt Ordinance Desi2natin2 Tax
Abatement Reinvestment Zone No. 76, City of Fort Worth, Texas, for Property Located at 2920
West Lancaster Avenue and 1020 Currie Street.) (PUBLIC HEARING)
The recommendation was that the City Council Hold a Public Hearing Concerning the Designation of
Tax Abatement Reinvestment Zone No. 76, City of Fort Worth, Texas, for Property Located at 2920
West Lancaster Avenue and 1020 Currie Street; and Adopt an Ordinance Designating a Certain Area
in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number 76, City of Fort Worth,
Texas", Pursuant to and in Accordance With Chapter 312 of the Texas Tax Code.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
(Council Member Jordan left his place at the dais.)
a.Report of City Staff
Mr. Robert Sturns, Economic Development Manager, Housing and Economic Development
Department, appeared before Council and provided a staff report.
Council Member Burns advised that this item was an approximate $41 M investment to the central city
and also provided for much needed parking in the West 7t' Street area.
Council Member Hicks requested clarification of what percentage was affordable housing and how
many apartment units were in the area.
Mr. Sturns clarified that 10% was affordable housing which equaled 319 apartment units.
b.Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
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SEPTEMBER 20, 2011
PAGE 26 of 37
(G-17395 Continued)
c.Council Action
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that the
public hearing be closed and Mayor and Council Communication No. G-173295 be
approved and Ordinance No. 19919-09-2011 be adopted. The motion carried unanimously
eight (8) ayes to zero (0)nays, with Council Member Jordan absent.
C.Purchase of Equipment, Materials, and Services
1.M&C P-11297 - Authorize a Purchase Agreement with WatchGuard Video for In-Car Digital
Video Recording Systems, Using a Houston-Galveston Area Council Contract for the Police
Department for an Amount of$779,980.00 for the First Year.
The recommendation was that the City Council Authorize a Purchase Agreement With Watchguard
Video for In-Car Digital Video Recording Systems, Using a Houston-Galveston Area Council Contract
Number EF04-11 for the Police Department for an Amount of$779,980.00 for the First Year.
Motion: Council Member Burns made a motion, seconded by Council Member Scarth that Mayor and
Council Communication No. P-11297 be approved. The motion carried unanimously eight
(8) ayes to zero (0)nays, with Council Member Jordan absent.
D.Land
1.M&C L-15242 - Authorize Condemnation of Easement Interests in 0.115 Acres of Land for a
Permanent Drainage Facility and 0.085 Acres of Land for Temporary Construction, Owned By
Western Related Properties L.L.C., Located in Block 3, Lot 1-R, Deavers Addition, Also Known
as 240 Nursery Lane for Scott-Sunset Drainage Improvements. (Continued from a Previous
Meetin
It was the consensus of the City Council that Mayor and Council Communication No. L-15242 be
withdrawn from consideration.
2.M&C L-15242 - (Revised) Authorize Condemnation by Eminent Domain of Easement
Interests in 0.115 Acres of Land for a Permanent Drainage Facility and 0.085 Acres of Land for
Temporary Construction, Owned By Western Related Properties L.L.C., Located in Block 3, Lot
1-R, Deavers Addition, Also Known as 240 Nursery Lane for Scott-Sunset Drainage
Improvements.
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PAGE 27 of 37
(L-15242 (Revised) Continued)
The recommendation was that the City Council Declare That the Negotiations Between the City and
the Landowners to Acquire the Permanent Easement Interest in 0.115 Acre and Temporary Easement
Interest in 0.085 Acre Owned by Western Related Properties, L.L.C., also Known as 240 Nursery
Lane, Block 3, Lot 1R, Deavers Addition, City of Fort Worth, Tarrant County, Texas, Were
Unsuccessful Due to the Inability to Agree on a Purchase Price; Declare the Necessity to Acquire
Subject Property Through Condemnation by Eminent Domain for the Easement Interests Needed for
Scott-Sunset Drainage Improvements; Authorize the City Attorney to Institute Condemnation by
Eminent Domain Proceedings to Acquire the Easement Interests in the Property; and Authorize the
Acceptance and Recording of Appropriate Instruments.
(Council Member Jordan returned to his place at the dais.)
Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth that the
Fort Worth City Council authorize the use of the power of eminent domain to acquire a
0.115 acre tract of land for a permanent drainage facility easement and a 0.085 acre tract of
land for a temporary construction easement out of Block 3, Lot 1-R, Deavers Addition, also
known as 240 Nursery Lane to be used for box culvert and inlet drainage improvements for
the Scott-Sunset Major Drainage project and that Mayor and Council Communication No.
L-15242 (Revised) be approved. The motion carried unanimously nine (9) ayes to zero (0)
nays.
3.M&C L-15249 - Conduct a Public Hearing and Authorize the Use of a Portion of the
Subsurface of Gateway Park for the Purpose of Installing an Eight-Inch Natural Gas Pipeline
and Authorize the Execution of a License Agreement with Texas Midstream Gas Services, LLC,
in the Amount of$16,026.26. (PUBLIC HEARING)
The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines set
Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational
Lands; Find That No Feasible or Prudent Alternative Exists for the Use of Gateway Park South for the
Location of the Proposed Natural Gas Pipeline; Find That the Proposed Natural Gas Pipeline Includes
All Reasonable Planning to Minimize Harm to the Parkland and Including That the Pipeline Will be
Constructed in Gateway Park Located at 751 Beach Street, Located East of Beach Street,North of I-30
Tom Landry Highway, South of First Street and West of Oakland Boulevard; Close the Public Hearing
and Authorize the Use of Approximately 0.156 Acre of Dedicated Parkland of Gateway Park for the
Installation of an Eight (8) Inch Natural Gas Pipeline; and Authorize the Execution of a License
Agreement With Texas Midstream Gas Services, LLC, in the Amount of$16,026.26.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
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PAGE 28 of 37
(L-15249 Continued)
a.Report of City Staff
Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before
Council and provided a staff report.
b.Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c.Council Action
Council Member Scarth advised this item was a complex solution developed to avoid running the
pipeline down Carter Avenue.
Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman that the
public hearing be closed and Mayor and Council Communication No. L-15249 be approved.
The motion carried unanimously nine (9) ayes to zero (0)nays.
Council Member Hicks expressed appreciation to Council Member Scarth for his support on this
project. She stated this issue had been going on for a number of years and everyone was able to work
out an agreement so the pipeline did not run through a neighborhood.
4.M&C L-15250 - Conduct a Public Hearing and Authorize the Use of a Portion of the
Subsurface of Rosen Park for the Purpose of Installing a Ten Inch Natural Gas Pipeline and
Authorize the Execution of a License Agreement with Texas Midstream Gas Services, LLC, in
the Amount of$23,633.98. (PUBLIC HEARING)
The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set
Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational
Lands; Find That No Feasible or Prudent Alternative Exists for the Use of Rosen Park for the Location
of the Proposed Natural Gas Pipeline; Find That the Proposed Natural Gas Pipeline Includes All
Reasonable Planning to Minimize Harm to the Parkland and Including That the Pipeline Will be
Constructed in Rosen Park Located at 2200 McCandless Street, West of 23rd Street NW, North of
Urbanview Street and North of the Terminus of Capri Drive and True Avenue; Close the Public
Hearing and Authorize the Use of Approximately 0.23 Acre of Dedicated Parkland of Rosen Park for
the Installation of a 10-Inch Natural Gas Pipeline; and Authorize the Execution of a License
Agreement With Texas Midstream Gas Services, LLC, in the Amount of$23,633.98.
Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard.
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SEPTEMBER 20,2011
PAGE 29 of 37
(L-15250 Continued)
a.Report of City Staff
Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before
Council and provided a staff report.
b.Citizen Presentations
There was no one present desiring to be heard in connection with the public hearing.
c.Council Action
Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that
the public hearing be closed and Mayor and Council Communication No. L-15250 be
approved. The motion carried unanimously nine (9) ayes to zero (0)nays.
E.Planning & Zoning
1.M&C PZ-2957 - Consider Institution of the Annexation and Adoption of Ordinance for the
Owner-Initiated Annexation of Approximately 3.3 Acres of Land Located North of Avondale-
Haslet Road and East of US 287,AX-11-008,2484 Avondale-Haslet Road.
The recommendation was that the City Council Institute and Consider the Adoption of an Ordinance
Declaring Certain Findings; Providing for the Extension of Certain Boundary Limits of the City of Fort
Worth; Providing for the Annexation of an Approximately 3.3 Acre Tract of Land Situated in the G. S.
Rall Survey, Abstract Number 1801, also Known as Lot 22, Block 6 of the Haslet Heights Addition,
Situated About 15.3 Miles North 18 Degrees West of the Courthouse, Tarrant County, Texas (Case
No. Ax-11-008) Which Said Territory Lies Adjacent to and Adjoins the Present Corporate Boundary
Limits of Fort Worth, Texas; Providing That the Territory Annexed Shall Bear its Pro Rata Part of
Taxes; Providing That the Inhabitants Thereof Shall Have All the Privileges of All the Citizens of Fort
Worth, Texas; Providing That This Ordinance Shall Amend Every Prior Ordinance in Conflict
Herewith.
(The Council moved down the agenda to Agenda Item No. XVII. Zoning Hearing and Zoning Docket
No. ZC-11-043 was moved up the Council agenda and considered under one (1) motion with Mayor
and Council Communication No. PZ-2957.)
1.ZC-11-043 - M & H Food Mart, 2484 Avondale-Haslet Road; from: Unzoned to: "E"
Neighborhood Commercial (Recommended for Approval) (Continued from a Previous Meeting)
This item was continued from the August 23, 2011, Council meeting.
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PAGE 30 of 37
(PZ-2957 Continued)
Mr. Jeff Davis, representing the applicants, 550 Bailey Avenue, Suite 414, appeared before Council in
support of both Mayor and Council Communication No. PZ-2957 and Zoning Docket No. ZC-11-043
and stated there were infrastructure problems relative to both of these items and requested both items
be continued.
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that
Mayor and Council Communication No. PZ-2957 and Zoning Docket No. ZC-I1-043 be
continued to the November 15, 2011, Council meeting. The motion carried unanimously
nine (9) ayes to zero (0)nays.
(The Council moved back up the agenda to Agenda Item No. XVI. Report of the City Manager and
continued with the regular order of the agenda.)
F.Award of Contract
1.M&C C-25182 - Authorize Execution of Economic Development Program Agreement with
Ferris Mfg. Corp. for the Relocation of Its Corporate Headquarters to 13301 Park Vista
Boulevard.
The recommendation was that the City Council Authorize the Execution of an Economic Development
Program Agreement With Ferris Mfg. Corp. for the Relocation of its Corporate Headquarters to 13301
Park Vista Boulevard.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that
Mayor and Council Communication No. C-25182 be approved. The motion carried
unanimously nine (9) ayes to zero (0)nays.
2.M&C C-25183 - Authorize Execution of Tax Abatement Agreement with Frac Tech Services,
LLC, for the Relocation of Its Industrial Pump Manufacturing Operations to Railhead
Industrial Park.
The recommendation was that the City Council Authorize the City Manager to Execute a Tax
Abatement Agreement With Frac Tech Services, LLC, for the Relocation of its Industrial Pump
Manufacturing Operations to Railhead Industrial Park.
Council Member Jordan requested the City Attorney confirm that he did not have a conflict of interest
on this item.
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SEPTEMBER 20,2011
PAGE 31 of 37
(C-25183 Continued)
City Attorney Fullenwider confirmed that there was no conflict of interest and advised that Council
Member Jordan was able to vote on this item.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that
Mayor and Council Communication No. C-25183 be approved. The motion carried eight (8)
ayes to one (1)nay, with Council Member Jordan casting the dissenting vote.
3.M&C C-25184 - Authorize Execution of Tax Abatement Agreement with In-N-Out Burgers
for the Construction of a Regional Support Facility at Centreport Business Park.
The recommendation was that the City Council Authorize the City Manager to Execute a Tax
Abatement Agreement With In-N-Out Burgers for the Construction of a Regional Support Facility at
Centreport Business Park.
Motion: Council Member Moss made a motion, seconded by Council Member Hicks that Mayor and
Council Communication No. C-25184 be approved. The motion carried seven (7) ayes to
two (2) nays, with Mayor Pro tem Zimmerman and Council Member Jordan casting the
dissenting votes.
4.M&C C-25185 - Authorize Execution of a Contract in the Amount of $1,984,563.60 with
Conatser Construction TX, LP, for Pavement Reconstruction and Water Main Replacement on
Portions of Fifth Avenue and Willing Avenue and Construction of a Chicane on West Cantey
Street and Adopt Appropriation Ordinance.
The recommendation was that the City Council Authorize the Transfer of$561,041.00 From the Water
Operating Fund to the Water 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 Funding Pavement Reconstruction and Water Main Replacement on 5th Avenue, From
West Lowden Street to West Cantey Street; West Cantey Street, From Cleburne Road to 5th Avenue;
Willing Avenue, From West Cantey Street to West Roberts; and 5th Avenue, From Lilac Street to
West Allen Avenue; and Authorize the Execution of a Contract With Conatser Construction TX, LP, in
the Amount of $1,984,563.60, for Pavement Reconstruction, Water Main Replacement and
Construction of a Chicane on West Cantey Street for the Traffic Management Program.
Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. C-25185 be approved and Appropriation Ordinance No.
19920-09-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays.
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PAGE 32 of 37
5.M&C C-25186 - Authorize Execution of Amendment No. 3 to City Secretary Contract No.
37796 for the Parts Distribution and Service Centers Contract with AutoZone Texas, LP, to
Extend the Contract Term No Later Than December 31, 2011 and Amend the Authorization for
Parts,Pricing and Delivery with Western States Contracting Alliance.
The recommendation was that the City Council Authorize the City Manager to Execute Amendment
No. 3 to City Secretary Contract No. 37796 for the Parts Distribution and Service Centers Contract
With AutoZone Texas, LP, to Extend the Contract Term No Later Than December 31, 2011, and
Amend Authorization for the Provision of Parts, Pricing and Delivery With Western States Contracting
Alliance.
Motion: Council Member Jordan made a motion, seconded by Council Member Burns that Mayor
and Council Communication No. C-25186 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
6.M&C C-25187 - Authorize Execution of Chante Order No. 1 to City Secretary No. 38677 with
The Fain Group, Inc., in the Amount of $571,986.73, for Additional Improvements at Cobb
Park.
The recommendation was that the City Council Authorize the Execution of Change Order No. 1 to
City Secretary Contract No. 38677 With The Fain Group, Inc., in the Amount of $571,986.73 for
Additional Park Improvements at Cobb Park.
Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that Mayor
and Council Communication No. C-25187 be approved. The motion carried unanimously
nine (9) ayes to zero (0)nays.
XVII.ZONING HEARING
Mayor Price opened the public hearing.
2.ZC-11-050 - TP Development, LLC, 8809-8851 S. Normandale Street; from: "R2"
Townhouse/Cluster to: "C" Medium Density Multifamily (Recommended for Approval)
(Continued from a Previous Meeting)
This item was continued from the September 13, 2011, Council meeting.
Ms. Brandy O'Quinn, 2801 Willing Avenue, completed a speaker card in support of Zoning Docket
No. ZC-11-050, but did not wish to address the City Council.
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PAGE 33 of 37
(ZC-11-050 Continued)
Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that
Zoning Docket No. ZC-11-050 be approved. The motion carried unanimously nine (9) ayes
to zero (0)nays.
3.ZC-11-052 - Mitchell, Mitchell, & Mitchell Partners, LTD., 12700 block of Private Road 4716;
from: Unzoned and "FR" General Commercial Restricted to: "K" Heavy Industrial
(Recommended for Approval) (Continued from a Previous Meeting)
This item was continued from the August 23, 2011, Council meeting.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that
Zoning Docket No. ZC-11-052 be continued until the October 25, 2011, Council meeting.
The motion carried unanimously nine (9) ayes to zero (0)nays.
4.ZC-11-060 - Thomas Blanton & Keystone Equity Partners, Generally bounded by Angle
Avenue, Old Decatur Road, Loop 820 W., Meacham Airport, and Limestone Terrace; from: "C"
Medium Density Multifamily, "I" Light Industrial, "J" Medium Industrial, "K" Heavv
Industrial, and "PD-847" Planned Development for all uses in "J" plus biodiesel fuel processing
to: "PD/K" Planned Development for "K" Heavy Industrial plus rolling mills, rock, cement
crushers; wholesale storage of petroleum products; paper and pulp manufacture; oil drilling and
production; manufacture of heavy rubber products, recycling center, household hazardous
wastes or waste tire facility, recyclable materials for transportation at transfer stations, storage
processing, bailing or reclamation of paper, Mass, wood, metals, plastic rags, junk, concrete,
asphalt and other materials and materials recovery facilities and recycling centers; composting
for yard and wood wastes, municipal solid waste, and/or sludge at composting facilities;
collection and storage of household hazardous wastes; and processing and storage of scrap tires
at waste tire facilities. A site development plan shall be provided for administrative review by the
Planning & Development Department for recycling and other uses per Section 4.305(D) of the
Comprehensive Zoning Ordinance; a site plan waiver recommended for other uses. The
following uses are prohibited: gambling facilities, circus, sexually oriented
businesses.(Recommended for Approval) (Continued from a Previous Meeting)
This item was continued from the September 13, 2011, Council meeting.
Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council in support of Zoning Docket
No. ZC-11-060 and stated that the applicant amended the request to specifically prohibit the following
uses:
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PAGE 34 of 37
(ZC-11-060 Continued)
1. Night clubs and massage parlors
2. Adult entertainment-sexually oriented business
3. Hazardous waste disposal including Household Hazardous Waste
4. Halfway house
5. Horse, dog or automotive racing
6. Disposal, dumping or reducing of offal or deal animals
7. Packing plant
8. Poultry killing or dressing
9. Cotton gin, cotton oil mill,bailing or compress
10. Circus
11. Gambling facilities
12. Paper and pulp manufacturing
13. Municipal waste landfill
Council Member Espino stated the Council was committed to working with the neighborhoods and that
this area was for an industrial growth center which allowed for relocation of other industrial facilities.
He stated this was in compliance with Northside Economic Development Plan and would provide for
more consistent zoning in areas along Main Street. He also expressed appreciation to City staff and the
neighborhood leaders and representatives for their support of this project.
Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that
Zoning Docket No. ZC-11-060 be approved as amended. The motion carried unanimously
nine (9) ayes to zero (0)nays.
Council Member Hicks expressed appreciation to Council Member Espino for his hard work on this
rezoning case and stated that a proposal for an industrial facility would be coming up in District 8 in
the near future and stated that she had concerns about the project. She stated it was most important that
these facilities be located in industrial areas and not next to residences and schools. She stated this was
an important step for the City as a whole, as the facilities were needed but it was imperative that they
were placed in responsible locations.
There being no one else present desiring to be heard in connection with the recommended changes and
amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by
Council Member Shingleton, that the hearing be closed and that the following ordinance be adopted:
CITY OF FORT WORTH,TEXAS
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SEPTEMBER 20,2011
PAGE 35 of 37
ORDINANCE NO. 19921-09-2011
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN
ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES,
THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING
AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
XVIII.CITIZEN PRESENTATIONS
Mr. Frank Pacheco, representing Clergy and Police Alliance (CAPA), 6933 Genevieve Drive, appeared
before Council and expressed appreciation for the continued support of the Police Department and for
Police Chief Jeff Halstead. They stated that they had dedicated several thousand hours of assistance
during ride-alongs and on-scene assistance with the Police Department. They added that the Fort
Worth Police Department was the best in the country.
Mayor Price and Council Member Jordan expressed appreciation to CAPA for the assistance that they
provide the Police Department and the citizens.
Ms. Delores Newton, 4644 Lois Street, appeared before Council and stated that Dawson Geophysical
Seismic Testing Company damaged her house and her neighbor's houses. She stated that the shaking
and seismic testing caused cracks in her walls and had caused her cabinetry and flooring to separate.
She stated that she contacted the company in question and they stated the damage to the house was
caused by the drought conditions in the area. She stated that she had an engineer survey the damages to
her house and the engineer determined that the seismic testing should not have occurred in such dry
conditions. She stated that she had been advised that Council Members Hicks and Moss had toured the
seismic testing area and had approved this testing.
Council Member Moss asked how many neighbors were affected.
Ms. Newton stated there were three (3)neighbors affected by the testing.
Council Member Hicks clarified that she did not go on a tour of seismic testing but her Council Aide
did take a tour of the seismic testing area. She advised that a private company was performing the
testing and it did not come before the Council for approval. She stated that she was not happy that she
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PAGE 36 of 37
(XVIII. CITIZEN PRESENTATIONS Continued)
was misrepresented in this matter. She referred Ms. Newton and her neighbors to Mr. Rick Trice,
Assistant Director, Planning and Development Department for follow-up.
Council Member Moss clarified that he took a tour of a seismic testing area but did not approve this
particular process and he was just trying to understand the testing process. He requested City Attorney
Fullenwider clarify whether they could stop the testing.
City Attorney Fullenwider stated since this was a private matter between the neighbors and the
Dawson Company, she suggested Ms. Newton contact the Dawson Company's insurance company to
resolve the matter.
Mayor Price adjourned the regular session of the Fort Worth City Council into Executive Session at
11:58 a.m., in accordance with the requirement of the Open Meetings Law.
XIX.EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)
Present:
Betsy Price,Mayor
Council Member Salvador Espino, District 2
W. B "Zim"Zimmerman, Council Member District 3 and Mayor Pro tem
Danny Scarth, Council Member District 4
Frank Moss, Council Member District 5 (arrived at 12:24 p.m.)
Jungus Jordan, Council Member District 6
Carter Burdette, Council Member District 7
Kathleen Hicks, Council Member District 8
Joel Burns, Council Member District 9 (left at 12:25 p.m.)
City staff present during discussions:
Tom Higgins, Interim City Manager
Sarah Fullenwider, City Attorney
Marty Hendrix, City Secretary
Fernando Costa,Assistant City Manager
Karen Montgomery,Assistant City Manager(arrived at 12:25 p.m.)
Charles Daniels, Assistant City Manager
Susan Alanis, Assistant City Manager
Gerald Pruitt, Deputy City Attorney
Peter Vaky, Deputy City Attorney
Christa Reynolds, Senior Assistant City Attorney
Leann Guzman, Assistant City Attorney
Tyler Wallace,Assistant City Attorney
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SEPTEMBER 20, 2011
PAGE 37 of 37
(XIX. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) Continued)
Doug Black, Assistant City Attorney
Denis McElroy, Assistant City Attorney
Randle Harwood, Director of Planning and Development Department
Cynthia Garcia, Assistant Director of Housing and Economic Development Department
Brandon Bennett, Director of Code Compliance Department
Greg Simmons, Assistant Director of Transportation/Public Works Department
It was the consensus of the City Council that they recess into Executive Session at 12:13 p.m., to
complete the agenda items as follows:
1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or
other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar
Rules, as authorized by Section 551.071 of the Texas Government Code:
a. Legal issues related to City Secretary Contract Nos. 36877 and 36877-R1 (the Vaquero
statue);
b. Legal issues concerning Wedgewood Park;
C. Legal issues concerning the Northside Service Center land acquisition; and
d. Legal issues concerning any item listed on today's City Council meeting agendas.
2. Deliberate the purchase, sale, lease or value of real property in accordance with Section
551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental
effect on the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of
the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security personnel or
devices, in accordance with Section 551.076 of the Texas Government Code.
Mayor Price adjourned the Executive Session of the Fort Worth City Council at 12:44 p.m.
Mayor Price reconvened back into regular session at 12:44 p.m.
XX. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:44 p.m.
These minutes approved by the Fort Worth City Council on the 27`h day of September, 2011.
1�Attest: proved:
Marty Hendrix Betsy ice
City Secretary Ma