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HomeMy WebLinkAbout2012/01/10-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Present: Mayor Betsy Price Mayor Pro tem W. B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Ronald P. Gonzales, Assistant City Secretary � 1 With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:06 p.m., on Tuesday, January 10, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. 1 The invocation was provided by Reverend Jerome LaDoux, Our Mother of Mercy Church. I < The Pledge of Allegiance was recited. CONSIDERATION c DECEMBER Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton that the minutes of the regular meeting of December 13, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 2 of 41 J 004101, =4 I 1 �, 1 �, City Manager Higgins requested that Mayor and Council Communication Nos. G- 17489, P -11344 and L -15300 be withdrawn from the Consent Agenda. I 1 I,c t c City Manager Higgins requested that Mayor and Council Communication No. G -17489 be continued until the January 24, 2012, Council meeting, Mayor and Council Communication No. G -17502 be continued until the February 14, 2012, Council meeting, and Mayor and Council Communication Nos. P -11344 and L -15300 be withdrawn from consideration. c �c Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman 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 -17484 - Adopt the Semiannual Progress Report from the Capital Improvements Advisory Committee for Transportation Impact Fees. The City Council approved the following recommendation: Adopt the Semiannual Progress Report Concerning the Status of the Capital Improvements Plan for Transportation Impact Fees From the Capital Improvements Advisory Committee for Transportation Impact Fees. 2. M &C G -17485 - Approve 2012 Audit Plan as Recommended by Audit and Finance Advisory Committee. The City Council approved the following recommendation: Accept the Recommendation From the Audit and Finance Advisory Committee and Approve the 2012 Audit Plan. 3. M &C G -17486 - Authorize Payment of the City of Fort Worth's Assessed Pro Rata Allocation of the Denton County Appraisal District's Budget for January through December 2012 in the Amount Up to $67,438.52. The City Council approved the following recommendation: Authorize Payment in the Amount Up to $67,438.52 for the City of Fort Worth's Assessed Pro Rata Allocation of the Denton County Appraisal District's 2012 Budget for the Months of January Through December 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 3 of 41 (VII. CONSENT AGENDA Continued) 4. M &C G -17487 - Adont Resolution Increasing the Maximum Amount to Be Paid to Franklin M. Lee, Tydings & Rosenburg, LLP, by $10,000.00 to $120,000.00 for Final Payment for Work Related to the City's Availability and Disparity Study and Subsequent Development of the Business Diversity Enterprise Ordinance and Provide for a Small Contingency Amount to Cover Any Incidental Consultations. The City Council approved the following recommendation: Adopt Resolution No. 4055 -01 -2012 Authorizing Up to an Additional $10,000.00 to be Paid to Franklin M. Lee, Tydings & Rosenburg, LLP, to Cover the Final Payment of $8,768.78 Related to Legal and Consulting Work on the City's Availability and Disparity Study and the Subsequent Initial Development of the Business Diversity Enterprise Ordinance and to Provide for a Small Contingency Amount to Cover any Incidental Consultations. 5. M &C G -17488 - Authorize Temporary Road Closure of Devitt Street Between University Drive South and Cockrell Avenue. The City Council approved the following recommendation: Authorize the Temporary Road Closure of Devitt Street Between University Drive South and Cockrell Avenue From January 11, 2012, to May 31, 2012, to Accommodate Construction of a Mixed -Use Development on University Drive. 7. M &C G -17490 - Approve Extension of Iniury Leave -of- Absence Pay Benefits in the Amount of $22,673.12 for Police Officer Kerry Hill Beginning January 29, 2012 through April 29, 2012. The City Council approved the following recommendation: Approve a Three (3) Month Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $22,673.12 for Police Officer Kerry Hill Beginning January 29, 2012, Through April 29, 2012. 8. M &C G -17491 - Approve Retroactive Extension of Iniury Leave -of- Absence Pay Benefits in the Amount of $24,241.08 for Police Officer Richard Miller Beginning March 17, 2011 through August 24, 2011. The City Council approved the following recommendation: Approve a Retroactive Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $24,241.08 for Police Officer Richard Miller Beginning March 17, 2011, Through August 24, 2011. 9. M &C G -17492 - Approve Extension of Iniury Leave -of- Absence Pay Benefits in the Amount of $25,574.45 for Police Officer Terry Howard Beginning September 2, 2011 through January 2, 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 4 of 41 (VII. CONSENT AGENDA — G -17492 Continued) The City Council approved the following recommendation: Approve an Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $25,574.45 for Police Officer Terry Howard Beginning September 2, 2011, Through January 2, 2012. 10. M &C G -17493 - Authorize Transfer from the Water and Sewer Fund to the Special Trust Fund in the Amount of $43,288.00 to Fund One Senior Maintenance Worker Position at the Water Conservation Demonstration Garden in the Fort Worth Botanic Garden for Fiscal Year 2012 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Transfer of $43,288.00 From the Water and Sewer Fund to the Special Trust Fund; and Adopt Appropriation Ordinance No. 20030 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund, From Available Funds, for the Purpose of Funding for a Period of One (1) Year the Salary and Fringe Benefits of One (1) Senior Maintenance Worker in the Water Conservation Demonstration Garden at the Fort Worth Botanic Garden. 11. M &C G -17494 - Authorize Transfer of $60,000.00 from the Special Assessment District Fund, Public Improvement District 6, Park Glen PID, to the General Fund for the Purchase of Playground Equipment and Adopt Appropriation Ordinance_ The City Council approved the following recommendation: Authorize the Transfer of $60,000.00 From the Special Assessment District Fund, Public Improvement District 6, Park Glen PID, to the General Fund; and Adopt Appropriation Ordinance No. 20031 -01 -2012 Increasing the Estimated Receipts and Appropriations in the General Fund, From Available Funds, for the Purpose of Purchasing Playground Equipment. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11334 - Authorize Purchase Agreement with Metroplex Ice Machines, LLC, to Lease Commercial -Grade Ice Machines and Storage Bins to the City of Fort Worth in the Amount of $200,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement With Metroplex Ice Machines, LLC, to Lease Commercial -Grade Ice Machines and Storage Bins to the City of Fort Worth in the Amount of $200,000.00 for the First Year. 2. M &C P -11335 - Authorize Non - Exclusive Purchasing Agreements for Electrical Supplies with AWC, Inc., Dealers Electrical Supply Co., Summers Group, Inc., d /b /a Rexel, and Elliott Electric Supply, Inc., for All City Departments for a Combined Amount Up to $2,000,000.00 for the First Year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 5 of 41 (VII. CONSENT AGENDA — P -11335 Continued) The City Council approved the following recommendation: Authorize Non - Exclusive Purchasing Agreements for Electrical Supplies With AWC, Inc., Dealers Electrical Supply Co., Summers Group, Inc., d /b /a Rexel, and Elliott Electric Supply, Inc., for All City Departments for a Combined Amount Up to $2,000,000.00 for the First Year, Based on Greatest Discounts Offered. 3. M &C P -11336 - Authorize Purchase Agreements for Police Uniforms, Clothing and Equipment with GST Public Safety Supply and Tactical Gear Now, Inc., for the Police and Code Compliance Departments for a Combined Amount of $300,000.00 for the First Year. The City Council approved the following recommendation: Authorize Purchase Agreements for Police Uniforms, Clothing and Equipment With GST Public Safety Supply and Tactical Gear Now, Inc., for the Police and Code Compliance Departments for a Combined Amount of $300,000.00 for the First Year. 4. M &C P -11337 - Authorize Purchase Agreement with Allied Tube and Conduit Corporation for Telescoping Sign Posts, Sleeves and Hardware Materials for the Transportation and Public Works Department for an Annual Amount of $147,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement With Allied Tube and Conduit Corporation for Telescoping Sign Posts, Sleeves and Hardware Materials for the Transportation and Public Works Department for an Annual Amount of $147,000.00. 5. M &C P -11338 - Authorize Purchase Agreement for Concrete Sections with HD Supply Waterworks, Ltd., for the Water Department in the Amount of $60,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement for Concrete Sections With HD Supply Waterworks, Ltd., for the Water Department in the Amount of $60,000.00 for the First Year. 6. M &C P -11339 - Authorize Purchase of Audio Sound Amplifiers from Electro Acoustics & Video Inc., for the Public Events Department in the Amount of $82,660.00. The City Council approved the following recommendation: Authorize the Purchase of Audio Sound Amplifiers From Electro Acoustics & Video, Inc., for the Public Events Department in the Amount of $82,660.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 6 of 41 (VII. CONSENT AGENDA Continued) 7. M &C P -11340 - Authorize Purchase Agreement for Scott Self- Contained Breathing Apparatus Equipment and Replacement Parts with Municipal Emergency Services for the Fire Department in the Amount of $400,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement for Scott Self- Contained Breathing Apparatus Equipment and Replacement Parts With Municipal Emergency Services for the Fire Department in the Amount of $400,000.00 for the First Year. 8. M &C P -11341 - Authorize Non - Exclusive Purchase Agreements with General Chemical Performance Products LLC, DPC Industries, Inc., Petra Chemical Acquisition Corporation and Altivia Corporation for Water Treatment Chemicals for the Water Department for a Combined Amount of $1,220,000.00 for the First Year. The City Council approved the following recommendation: Authorize Non - Exclusive Purchase Agreements With General Chemical Performance Products, LLC, DPC Industries, Inc., Petra Chemical Acquisition Corporation and Altivia Corporation for Water Treatment Chemicals for the Water Department for a Combined Amount of $1,220,000.00 for the First Year. 9. M &C P -11342 - Authorize Purchase Agreements with TNT Crane & Rigging and F.B. McIntire Equipment Company, Inc., for Motorized Crane Service for All City Departments for a Combined Amount of $75,000.00 for the First Year. The City Council approved the following recommendation: Authorize Purchase Agreements With TNT Crane & Rigging and F.B. McIntire Equipment Company, Inc., for Motorized Crane Service for All City Departments for a Combined Amount of $75,000.00 for the First Year. 10. M &C P -11343 - Authorize Purchase Agreement for Ascorbic Acid with Joseph G. Pollard Company, Inc., d /b /a Pollardwater.com, for the Water Department in the Amount of $182,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Purchase Agreement for Ascorbic Acid With Joseph G. Pollard Company, Inc., d/b /a Poll ardwater. com, for the Water Department in the Amount of $182,000.00 for the First Year. 12. M &C P -11345 - Authorize Purchase Agreements with Plav and Park Structures Child's Play, Inc., Landscape Structures, Inc., and Webuildfun, Inc., Using a Texas Association of School Boards BuyBoard Contract for the Parks and Community Services Department for a Combined Amount of $400,000.00 for the First Year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 7 of 41 (VII. CONSENT AGENDA — P -11345 Continued) The City Council approved the following recommendation: Authorize Purchase Agreements With Play and Park Structures, Child's Play, Inc., Landscape Structures, Inc., and Webuildfun, Inc., Using a Texas Association of School Boards BuyBoard Contract Number 346 -10 With Delivery Included. 13. M &C P -11346 - Authorize the Purchase of a Spray Pothole Patcher from Rush Truck Centers of Texas, L.P., Using a Texas Association of School Boards Cooperative Contract for the Transportation and Public Works Department for a Total Amount of $189,061.00. The City Council approved the following recommendation: Authorize the Purchase of a Spray Pothole Patcher From Rush Truck Centers of Texas, L.P., Using the Texas Association of School Boards Cooperative Contract Number 358 -10 for the Transportation and Public Works Department for a Total Amount of $189,061.00. C. Land - Consent Items 2. M &C L -15301 - Authorize Direct Sale of Tax - Foreclosed Property Located at 1700 NE 28th Street to the City of Fort Worth for Park Purposes in the Amount of $1,176.41, Approve Purchase and Dedicate the Property as Parkland. The City Council approved the following recommendation: Authorize Direct Sale of Tax - Foreclosed Property Located at 1700 NE 28th Street, Described as Lots 19, 20 and 21, Block 11, Diamond Hill Addition, in Accordance With Section 34.05 of the Texas Tax Code to the City of Fort Worth for $1,176.41 and Approve the Purchase of the Property by the City of Fort Worth for Park Purposes; Authorize Execution and Recording of the Appropriate Instruments Conveying the Property to Complete the Sale; and Accept Property and Dedicate the Property as Parkland Upon Acceptance. 3. M &C L -15302 - Authorize Sale of a Tax - Foreclosed Property Located at 2859 Avenue A in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code to Carol Sullivan for $100.00. The City Council approved the following recommendation: Authorize Sale of a Tax - Foreclosed Property Located at 2859 Avenue A to Carol Sullivan in Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for $100.00; and Authorize Execution and Recording of the Appropriate Instruments Conveying the Properties to Complete the Sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 8 of 41 (VII. CONSENT AGENDA Continued) 4. M &C L -15303 - Authorize Direct Sale of Five Tax - Foreclosed Properties Located at 3006 Refugio Avenue, 3111 Ross Avenue, 3114 Lee Avenue, 2515 Clinton Avenue and 3208 Refugio Avenue to Fort Worth Area Habitat for Humanity, Inc., for $49,207.70. The City Council approved the following recommendation: Authorize the Direct Sale of Five (5) Tax - Foreclosed Properties Located at 3006 Refugio Avenue, Described as Lot 21, Block 76, MG Ellis Addition; 3111 Ross Avenue, Described as Lot 6, Block 93, MG Ellis Addition; 3114 Lee Avenue, Described as Lot 19, Block 93, MG Ellis Addition; 2515 Clinton Avenue, Described as Lot 8, Block 24, MG Ellis Addition; and 3208 Refugio Avenue, Described as Lot 20, Block 98, MG Ellis Addition to Fort Worth Area Habitat for Humanity, Inc., in Accordance With Section 34.05 of the Texas Tax Code for $49,207.70; and Authorize Execution and Recording of the Appropriate Instruments Conveying the Properties to Complete the Sale. 5. M &C L -15304 - Authorize the Sale of a City Fee -Owned Property Located at 1333 Bomber Road to the Current Lessee, Harry G. Pettey, for the Fair Market Value of $40,000.00, and Authorize Execution and Recording of the Appropriate Instruments Conveying the Property to Complete the Sale. The City Council approved the following recommendation: Authorize the Sale of a City Fee - Owned Property Located at 1333 Bomber Road, Described as Lot 13, Block 32, Lake Worth Leases to the Current Lessee, Harry G. Pettey, for the Fair Market Value of $40,000.00, Pursuant to Texas Local Government Code Section 272.001(h); and Authorize the Execution and Recording of the Appropriate Instruments Conveying the Property to Complete the Sale. D. Planning & Zoning - Consent Items 1. M &C PZ -2963 - Adopt Ordinance Vacating a Portion of Alston Avenue from Broadway Avenue to West Petersmith Street. The City Council approved the following recommendation: Adopt Ordinance No. 20032 -01 -2012 Vacating and Extinguishing a Portion of Alston Avenue From Broadway Avenue to West Petersmith Street, Block 34, Jennings South Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; Containing Approximately 16,216 Square Feet of Land, Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain All Existing Utilities Easements; and Waive Any and All Purchase Fee Value of the Vacated Land in Accordance With City Policy (M &C G- 15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 9 of 41 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -25377 - Authorize Execution of Change Order No. 2 in the Amount of $91,650.00 to City Secretary Contract No. 41006 with Stabile & Winn, Inc., for Pavement Reconstruction and Water Main Replacement on Glenmont Drive, Wharton Drive and Wonder Drive for a Total Contract Amount of $1,243,856.50. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 2 in the Amount of $91,650.00 to City Secretary Contract No. 41006, a Construction Contract With Stabile & Winn, Inc., for Pavement Reconstruction and Water Main Replacement on Glenmont Drive, Wharton Drive and Wonder Drive, Thereby Revising the Original Contract Amount to $1,243,856.50. 2. M &C C -25378 - Authorize Execution of an Engineering Services Agreement with Kimley -Horn and Associates, Inc., in the Amount of $90,000.00 for the Preparation of Plans, Specifications and Construction Estimates for Intersection Capacity Improvements Projects at Various Locations. The City Council approved the following recommendation: Authorize Execution of an Engineering Services Agreement With Kimley -Horn and Associates, Inc., in the Amount of $90,000.00 for the Preparation of Plans, Specifications and Construction Estimates for Intersection Capacity Improvements Projects Located on West 7th Street at Carroll Street; Handley - Ederville Road at Randol Mill Road; South Hulen Street at Overton Plaza; and South Hulen Street at Columbus Trail. 3. M &C C -25379 - Authorize Execution of an Engineering Agreement in the Amount of $82,176.61 with URS Corporation, for the Design of East Rosedale /Sycamore Creek Mitigation. The City Council approved the following recommendation: Authorize Execution of an Engineering Agreement With URS Corporation in the Amount of $82,176.61 for the Design of East Rosedale /Sycamore Creek Mitigation. 4. M &C C -25380 - Authorize Execution of an Engineering Agreement in the Amount of $140,799.00 with Brown and Gay Engineers, Inc., for Conceptual Design of the Harvey Street Park Storm Drain Rehabilitation. The City Council approved the following recommendation: Authorize Execution of an Engineering Agreement With Brown and Gay Engineers, Inc., in the Amount of $140,799.00 for Conceptual Design of the Harvey Street Park Storm Drain Rehabilitation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 10 of 41 (VII. CONSENT AGENDA Continued) 5. M &C C -25381 - Authorize Execution of a Contract with Estrada Concrete Company, LLC, in the Amount of $134,710.00 for Sidewalk and Pedestrian Curb Ramp Improvements 2011 at Twenty Locations. The City Council approved the following recommendation: Authorize the Execution of a Contract With Estrada Concrete Company, LLC, in the Amount of $134,710.00 for Sidewalk and Pedestrian Curb Ramp Improvements 2011 at 20 Locations: Trinity Creek Drive, Spring Ranch Drive - Bowman Roberts Road; Bowman Roberts Road, Trinity Creek Drive - Texas Shiner Drive; Craig Street, Haynie Street - Haynie Street; Oakmont Boulevard, Bryant Irvin Road - Oakbend Trail; Collinwood Avenue, Belle Place - Clover Lane; Beaver Head Road, Prewett Road - Park Bend Drive; W. Cantey Street, Gordon Avenue - Forest Park Boulevard; 5th Avenue, Lilac Street - Mitchell Avenue; Mistletoe Boulevard, 8th Avenue - 9th Avenue; Maiden Lane, Foxglen Court - Tallowood Court; Main Street South, W. Allen Avenue - W. Jefferson Avenue; Navajo Way, Caribou Court - Great Divide Drive; Four Winds Drive, Sycamore School Road - Seven Gables; Altamesa Boulevard, Vega Drive - Woodway Drive; Parkwood Plaza Drive, Haun Drive - Murton Place; El Campo Avenue, Clover Lane - Thomas Place; Locke Avenue, Alamo Avenue - Belle Place; Altamesa Boulevard, Westcreek Drive - McCart Avenue; E. Vickery Boulevard, Sycamore Terrace - Ernest Street; and Fairmount Avenue, W. Oleander Street - W. Magnolia Street. 6. M &C C -25382 - Authorize Execution of Amendment No. 4 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 February 29, 2012. The City Council approved the following recommendation: Authorize the Execution of Amendment No. 4 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 February 29, 2012. Contract Negotiations With the Selected Vendor, per Request for Proposal No. 11 -0024, are Continuing Until a Selected Vendor can Meet Negotiated Terms. 7. M &C C -25383 - Authorize Execution of a Contract with Johnson Controls, Inc., in the Amount of $736,874.00 Plus $98,126.00 in Contingency for the Will Rogers Memorial Center to Upgrade the Boiler Plant and Adopt Appropriation OrdinancP The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20033 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $835,000.00, and Decreasing the Unaudited, Unassigned Fund Balance by the Same Amount, for the Purpose of Construction, Staff, and Contingency Cost to Upgrade the Boiler Plant at the Will Rogers Memorial Center; and Authorize the Execution of a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 11 of 41 (VII. CONSENT AGENDA — C -25383 Continued) Contract With Johnson Controls, Inc., in the Amount of $736,874.00, Plus $98,126.00 in Contingency and Staff Administration Using a Texas Multiple Award Schedule Contract Number TXMAS -6- 840160 to Upgrade the Boiler Plant at the Will Rogers Memorial Center. 8. M &C C -25384 - Authorize Execution of a Professional Services Contract with Texas Industrial Security, Inc., for an Estimated Amount Not to Exceed $145,000.00 to Provide Guard Services for Fort Worth Prisoners Admitted to Local Hospitals. The City Council approved the following recommendation: Authorize Execution of a Professional Services Contract in an Amount Not to Exceed $145,000.00 to Texas Industrial Security, Inc., Fort Worth, Texas, to Provide Guard Services for City of Fort Worth Prisoners Admitted to Local Hospitals; and Authorize Contract Term From October 1, 2011, to June 30, 2012. 9. M &C C -25385 - Authorize the Execution of Change Order No. 1 in the Amount of $83,274.96 with Mario Sinacola & Sons, Inc., for Additional Improvements on the Alliance Runway Extension - Earthworks Package 3 Proiect at Alliance Airport. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 1 in the Amount of $83,274.96 With Mario Sinacola & Sons, Inc., for Additional Improvements on the Alliance Runway Extension - Earthworks Package 3 Project at Alliance Airport Thereby Increasing the Contract Amount to $2,285,970.46. 10. M &C C -25386 - Authorize Use of Gas Lease Revenue in the Amount of $33,000.00 for the Demolition of the Property at 589 Harmon Road for the Alliance Noise Mitigation Program and Adopt Appropriation Ordinances. The City Council approved the following recommendation: Authorize Use of Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $33,000.00 for the Demolition and Asbestos Abatement of 589 Harmon Road Adjacent to Fort Worth Alliance Airport; Adopt Appropriation Ordinance No. 20034 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund, From Available Funds, for the Purpose of Demolishing Property for the Alliance Noise Mitigation Program; Authorize Transfer of $33,000.00 From the Airports Gas Lease Project Fund to the Municipal Airports Fund; and Adopt Supplemental Appropriation Ordinance No. 20035 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Municipal Airports Fund, From the Transferred Funds From the Airports Gas Lease Project Fund, for the Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 12 of 41 (VII. CONSENT AGENDA Continued) it. M &C C -25387 - Authorize Execution of a Contract in the Amount of $260,076.00 with Vendigm Construction, LLC, for 51S Apron and Taxilane Improvements at Fort Worth Meacham International Airport, Authorize Proiect Management, Administrative and Related Expenses in the Amount of $30,000.00 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Use of Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $260,076.00 for a Contract With Vendigm Construction, LLC, for Apron and Taxilane Improvements Near Hangar 51S at Fort Worth Meacham International Airport; Adopt Appropriation Ordinance No. 20036 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $290,076.00, From Available Funds, for the Purpose of the Improvements; and Authorize Execution of a Contract With Vendigm Construction, LLC, in the Amount of $260,076.00 for the Improvements and Authorize $30,000.00 for Associated Costs for Project Management, Administrative and Related Expenses. 12. M &C C -25388 - Authorize Termination of an Unimproved Ground Lease Agreement and Amendment No. 1 to the Unimproved Ground Lease Agreement with FWS Realty, Ltd., and Authorize Execution of a New Ground Lease Agreement with FWS Realty, Ltd., for 63,128 Square Feet of Ground Space Consisting of Two Tracts of Land that Include a 7,400 Square Foot Executive Terminal and a 22,500 Square Foot Hangar at Fort Worth Spinks Airport. The City Council approved the following recommendation: Authorize Termination of an Unimproved Ground Lease Agreement and Amendment No. 1 to the Unimproved Ground Lease Agreement With FWS Realty, Ltd., and Authorize Execution of a New Ground Lease Agreement With FWS Realty, Ltd., for 63,128 Square Feet of Ground Space Consisting of Two (2) Tracts of Land That Include a 7,400 Square Foot Executive Terminal and a 22,500 Square Foot Hangar at Fort Worth Spinks Airport. 13. M &C C -25389 - Authorize Execution of a Ground Lease Agreement with Mandatory Improvements with FWS Realty, Ltd., for 17,600 Square Feet of Ground Space Known as Lease Site NW -3, a Right of First Refusal on 31,327 Square Feet of Ground Space Known as Option D, a Construction Loan Agreement and Advance Promissory Note in the Amount of $600,000.00 at Fort Worth Spinks Airport, Adopt Appropriation Ordinances and Adopt Resolution Related to Payment of Associated Legal Fees. The City Council approved the following recommendation: Authorize Execution of a Ground Lease Agreement With Mandatory Improvements With FWS Realty, Ltd., for 17,600 Square Feet of Ground Space Known as Lease Site NW -3; Authorize Execution of a Right of First CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 13 of 41 (VII. CONSENT AGENDA — C -25389 Continued) Refusal on 31,327 Square Feet of Ground Space Known as Option D at Fort Worth Spinks Airport; Authorize Execution of a Construction Loan Agreement and Advance Promissory Note in the Amount of $600,000.00 to Stimulate and Encourage Business Development on Lease Site NW -3; Authorize Use of Revenue Derived From Mineral Leases on City -Owned Airports in the Amount of $600,000.00 for the Construction Loan to FWS Realty, Ltd; Adopt Appropriation Ordinance No. 20037 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund, From Available Funds, for the Purpose of Funding a Construction Loan Agreement Pursuant to a Chapter 380 Economic Development Agreement With FWS Reality, Ltd.; Authorize Transfer of Funds From the Airports Gas Lease Project Fund to the Municipal Airports Fund; Adopt Appropriation Ordinance No. 20038 -01 -2012 Increasing the Estimated Receipts and Appropriations in the Municipal Airports Fund in the Amount of $606,082.61, From Available Funds, for the Purpose of Funding the Construction Loan Agreement and Payment of Associated Legal Fees; and Adopt Resolution No. 4056 -01 -2012 Increasing the Maximum Amount to $6,082.61 to be Paid to the Law Firm of Kelly, Hart & Hallman, P.C., as Outside Legal Counsel to Advise the City on Legal Issues Related to a Commercial Construction Loan and Promissory Note to FWS Realty, Ltd. and Ratify Payment of Same, Which a Portion of the Costs are Subject to Reimbursement by FWS Realty, Ltd. Under the Proposed Ground Lease Agreement. 14. M &C C -25390 - Authorize Execution of a New Ground Lease Agreement with Mandatory Improvements with FWS Realty, Ltd., for 29,070 Square Feet of Ground Space Known as Lease Site NW -2, at Fort Worth Spinks Airport. The City Council approved the following recommendation: Authorize Execution of a New Ground Lease Agreement With Mandatory Improvements With FWS Realty, Ltd., for 29,070 Square Feet of Ground Space Known as Lease Site NW -2 at Fort Worth Spinks Airport. 15. M &C C -25391 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $813,145.00 for Water and Sanitary Sewer Replacement Contract 2004, STM -H on Alton Road, Ann Arbor Court, Corto Avenue, Dryden Road, Rashti Court and Shelby Drive. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract with Conatser Construction TX, LP, in the Amount of $813,145.00 for Water and Sanitary Sewer Replacement Contract 2004, STM -H. 16. M &C C -25392 - Authorize Execution of Amendment No. 1 for Citv Secretar Contract No. 36120 with Chiang, Patel & Yerby, Inc., in the Amount of $76,485.00 for a Total Contract Amount of $424,085.00 for the Design of the Lake Worth Dam, Westside and Rolling Hills Water Treatment Plants Alert Notification and Security Systems. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 14 of 41 (VII. CONSENT AGENDA — C -25392 Continued) The City Council approved the following recommendation: Authorize the Execution of Amendment No. 1 for City Secretary Contract No. 36120 With Chiang, Patel & Yerby, Inc., in the Amount of $76,485.00 to Design Security Improvements and Alert Notification Systems for the Lake Worth Dam, Westside and Rolling Hills Water Treatment Plants, Thereby Increasing the Contract Amount to $424,085.00. 17. M &C C -25393 - Authorize Execution of the First Renewal for the Interceptor Condition Assessment Program Contract 1 - Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection, in the Amount of $848,875.00 with Ace Pipe Cleaning, Inc. The City Council approved the following recommendation: Authorize Execution of the First Renewal of an Annual Contract With Ace Pipe Cleaning, Inc., in the Amount of $848,875.00 for the Interceptor Condition Assessment Program Contract 1 - Large Diameter Sanitary Sewer CCTV, Sonar and Laser Inspection. 18. M &C C -25394 - Authorize Execution of an Engineering Agreement in the Amount of $166,008.75 with Meinfelder Central, Inc., for the South Holly Water Treatment Plant Backwash Tank and Lime Silo Rehabilitation Proiect Located at 1500 Eleventh Avenue. The City Council approved the following recommendation: Authorize Execution of an Engineering Agreement With Kleinfelder Central, Inc., in the Amount of $166,008.75 for the South Holly Water Treatment Plant Backwash Tank and Lime Silo Rehabilitation Project Located at 1500 Eleventh Avenue. 19. M &C C -25395 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $2,000,000.00 for Sewer Main Extensions, Replacements and Relocations Contract 2011A at Various Locations Throughout the City of Fort Worth. The City Council approved the following recommendation: Authorize Execution of a Contract With Conatser Construction TX, LP, in the Amount of $2,000,000.00 for Sewer Main Extensions, Replacements and Relocations Contract 2011A at Various Locations Throughout the City. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1837 - Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 15 of 41 A. General - Consent Items — Removed from Consent Agenda 6. M &C G -17489 - Approve Findings of the Vehicle for Hire Review Board Regarding Renewal Application of Irving Holdings Inc. d /b /a Yellow Cab, to Operate Two Hundred and Twenty Taxicabs Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. It was the consensus of the Council that Mayor and Council Communication No. G -17489 Consider and Adopt the Following Findings of the Vehicle for Hire Review Board: Irving Holdings, Inc., d /b /a Yellow Cab, has Performed Satisfactorily Under the Terms of its Operating Authority; the Service Provided Continues to Meet the Public Necessity and Convenience as Defined by Chapter 34 of the City Code; Irving Holdings, Inc., d /b /a Yellow Cab, is Qualified to Conduct its Business and Continues to Comply With the Requirements of Chapter 34 of the City Code; and the General Welfare of the Citizens of the City Will Best be Served by the Addition of 220 Taxicabs Upon City Streets, Alleys and Thoroughfares; and Adopt an Ordinance Granting the Privilege of Operating Authority to Irving Holdings, Inc., d /b /a Yellow Cab, for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Taxicab Business, Which Shall Consist of the Operation of 220 Taxicabs for a Three (3) Year Period Beginning on the Effective Date, Providing for Written Acceptance by Irving Holdings, Inc., d /b /a Yellow Cab, Subject to and Conditioned on Irving Holdings, Inc., d/b /a Yellow Cab, Complying With All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended, be continued until the January 24, 2012, Council meeting. B. Purchase of Equipment, Materials, and Services - Consent Items - Removed from Consent Agenda 11. M &C P -11344 - Authorize the Purchase of Seven Certified Police Motorcycles from American Eagle Harley- Davidson, for the Police Department for a Total Amount of $114,481.00. It was the consensus of the Council that Mayor and Council Communication No. P -11344 Authorize the Purchase of Seven (7) Certified Police Motorcycles From American Eagle Harley - Davidson, for the Police Department for a Total Amount of $114,481.00, With Freight and Three (3) Year Extended Warranty Included, be withdrawn from consideration. C. Land - Consent Items - Removed from Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 16 of 41 1. M &C L -15300 - Authorize Direct Sale of Tax - Foreclosed Property Located at 0 Braswell Drive to Triple S Steel for $74,430.72. It was the consensus of the Council that Mayor and Council Communication No. L -15300 Authorize Direct Sale of Tax - Foreclosed Property Located at 0 Braswell Drive to Triple S Steel, in Accordance With Section 34.05 of the Texas Tax Code for $74,430.72; and Authorize Execution and Recording of the Appropriate Instruments Conveying the Property to Complete the Sale, be withdrawn from consideration. 1. Presentation of Proclamation of the 116th Southwestern E?�p _qs4�qRand Livestock Show Days Mayor Price presented a Proclamation for the 116th Southwestern Exposition and Livestock Show Days to Mr. Ed Bass. She stated that for the past 115 years, the Southwestern Exposition and Livestock Show, also known as the Fort Worth Stock Show and Rodeo, had been held in Fort Worth, which made it the oldest continuously held livestock show in the country. She added that the Stock Show and Rodeo was a 23 day event that attracted more than 900,000 visitors from various regions of the United States and 60 foreign countries. She advised that the Stock Show and Rodeo featured more than 21,000 head of livestock and staged 30 thrilling performances of the world's original indoor Professional Rodeo Cowboy Association. She further stated that the Exposition and Livestock Show was Fort Worth's largest annual event, and had an estimated economic impact of more than $100 million a year. She invited all citizens to join the visitors from around the world for the event, which highlighted Fort Worth's rich western heritage, from January 13, 2012, through February 4, 2012. She further stated that the City Council proclaimed January 13, 2012, through February 4, 2012, as the 116th Southwestern Exposition and Livestock Show Days. Mr. Ed Bass expressed appreciation for the Proclamation on behalf of the Fort Worth Stock Show and Rodeo. He stated that the City of Fort Worth and the Stock Show had been partners since 1896, and the partnership helped preserve the western heritage of the City. He stated that the Stock Show had been held in the Will Rogers Stadium since World War II and that they had joined the City and contributed improvements and new facilities in excess of $50 million in today's dollars. He further stated that in the past several years, Event Facilities Fort Worth had invested more than $1.4 million in facilities such as the Western Heritage Garage and the Equestrian Multipurpose Building, which was expected to open in 2012. He added that a new parking area would be constructed south of Harley Street that would accommodate over 2,000 vehicles, more than 200 trailers and would provide hookups for 80 RVs. He presented the Mayor and City Council with the 2012 Stock Show badge and a guest badge that would give them entry to all of the facilities during the Stock Show. He pointed out that the badge was also a symbol of the partnership between the City and the Fort Worth Stock Show and Rodeo. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 17 of 41 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #1 Continued) 2. Presentation of Certificate of Recognition for the Western Heritage Trail Drive ® Celebration Council Member Scarth presented a Certificate of Recognition for the Western Heritage Trail Drive Celebration to Mr. Ernie Horn, Executive Director, Score a Goal in the Classroom. He stated that the City of Fort Worth recognized the Western Heritage Trail Drive Celebration for their long standing initiative to preserve and promote the rich, western heritage of Fort Worth among Tarrant County school children. He added that their efforts raised awareness about real Cowboys and Indians here "Where the West Begins." He further stated that the Western Heritage Trail Drive Celebration had proven to be influential in showcasing how the City's western culture had been influenced, not only by the Native American culture, but also by German, Scottish and Irish cultures. He stated that the diverse cultural influences would be demonstrated in authentic singing, dancing and craft activities. He advised that the 2012 celebration would ensure that families had a chance to travel back in time to enjoy the "bigger than life" western history of Fort Worth. He stated that the Cowtown Committee had selected Ben F. Tahmahkera, the great, great grandson of the legendary Comanche Chief Quanah, as the recipient of the Western Heritage Cowtown Legend Award. He advised that former District 2 Council Member Jim Lane, who created the famous Fort Worth herd and was a strong advocate of Cowtown USA, had been selected as the recipient of the Western Heritage Trail Boss Award. He further stated that accomplishments like these went a long way in strengthening the City's reputation as one of America's Most Livable Communities, thus ensuring that the City would always be recognized as one (1) of the best places to live. He added that the City was proud to honor Score a Goal in the Classroom and the Western Heritage Trail Drive Celebration. Mr. Ernie Horn expressed appreciation to the City Council. He invited everyone to attend the Stock Show Parade, which was the greatest parade, and he encouraged them to take a walk through history at Two City Place Parking Garage. Council Member Scarth expressed appreciation to Mr. Horn for his help in scheduling the high school bands that had been performing prior to the past few Council meetings. Council Member Jordan congratulated Coach Gary Patterson and the Texas Christian University Horned Frogs football team for their successful season. Council Member Moss announced that he was happy to be back and expressed appreciation for all the support that was provided to him. He stated that Fort Worth had some of the best medical facilities in the country. He advised that there would be a community meeting on January 14, 2012, from 10:00 a.m. to 12:00 p.m. at the Brighter Outlook Community Center, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 18 of 41 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) located at 4910 Dunbar Street, and stated that anyone who was a resident or property owner in the area bounded by Ramey Avenue, Rosedale Street, Stalcup Road and Loyd Avenue were welcome to attend the meeting. He added that City staff would be present to discuss code enforcement, law enforcement, public art, street projects, the Heritage Center, neighborhood education and rezoning. Council Member Burns welcomed Council Member Moss back to the dais. He announced that Code Compliance would conduct meetings about feral cats and that they would discuss the trap, neuter and release programs along with ways to reduce the feral cat population in the City. He added that the first of the two (2) meetings would be Thursday, January 12, 2012, at 6:30 p.m. at the Botanic Garden Lecture Hall, located at 3220 Botanic Garden Boulevard. He advised those interested to contact the District 9 office at 817 - 392 -8809 for more information. Council Member Hicks also welcomed Council Member Moss back to the dais. She announced that there would be a number of events over the weekend in honor of Dr. Martin Luther King, Jr. She added that the City would co- sponsor the parade through downtown Fort Worth, which would start at 11:00 a.m. on January 16, 2012, and would assemble on the east side of the Convention Center. She invited everyone to attend the events that would occur throughout the weekend. Council Member Shingleton announced that the Stock Show Parade would be on January 14, 2012, at 11:00 a.m. He stated that it was the only all animal parade of its kind with no motorized vehicles in the parade, and invited everyone to attend and join in on the festivities. 2. Recognition of Citizens .,...... , ..,., ...................... ....... Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman that Bernie Scheffler be appointed to Place 9 on the Parks and Community Services Advisory Board effective January 10, 2012, with a term expiring October 1, 2013. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. Appointment of City Secretarl Motion: Council Member Jordan made a motion, seconded by Council Member Burns that Mary J. Kayser be appointed as City Secretary. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 19 of 41 (XI. PRESENTATIONS BY THE CITY COUNCIL #2 Continued) Mayor Price stated that Ms. Mary Kayser had been the City Secretary of Garland since 2006 and that she had previously served the City of Burleson as Deputy City Secretary from 1992 -1999 and as City Secretary from 1999 -2006. She further stated that Ms. Kayser earned her Texas Registered Municipal Clerk Certification in 1999 and that she also held the Certified Municipal Clerk and Master Municipal Clerk designations from the International Institute of Municipal Clerks. She stated that Ms. Kayser was active in the Texas Municipal Clerks Association (TMCA) and the North Texas Municipal Clerks Association Chapter. She added that Ms. Kayser had served on the TMCA board as President, President Elect, Secretary, Treasurer, Vice President, and Trustee and currently served as Immediate Past President. Ms. Kayser stated that she was honored to be appointed as the City Secretary of the City of Fort Worth, and that she was very impressed with the staff of the City Secretary's Office. She added that City staff made her feel welcome and she looked forward to beginning employment on January 30, 2012. Mayor Price advised that the motion needed to be amended to include the effective date of January 30, 2012. Motion: Council Member Jordan made an amended motion, seconded by Council Member Burns that Mary J. Kayser be appointed as City Secretary, effective January 30, 2012. The motion carried unanimously nine (9) ayes to zero (0) nays. c 1711,111i 61111 11 r 1 There were no presentations and /or communications from boards, commissions and /or city council committees. 1 c 1. An Ordinance Revealing Ordinance No. 16630 -10 -2005. Which Established the Mayor's Advisory Commission on Homelessness, and Creating the Fort Worth Advisory Commission on Ending Homelessness, Defining Its Purpose, Establishing Guidelines for Appointments to the Commission and Providing for the Commission's Duties and Responsibilities, Providing that this Ordinance is Cumulative, Providing a Severability Clause, and Providing an Effective Date Motion: Council Member Scarth made a motion, seconded by Council Member Burns that Ordinance No. 20039 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 20 of 41 Mayor Price advised that agenda item XVI. Citizen Presentations would be moved up on the agenda and heard at this time. XVI. CITIZEN PRESENTATIONS The following individuals appeared before Council relative to the Citizens Police Academy for the Deaf and Hard of Hearing and expressed their appreciation to the Police Department. They stated that the Citizens Police Academy graduated the first class of Deaf and Hard of Hearing on December 20, 2011, and that it was a heartfelt graduation. They stated that the Police Department was no longer a mystery to the deaf and hard of hearing community and that they all wanted the same thing, a safe city and safe neighborhoods where their families could thrive. They further stated that the presenters and training staff of the Citizens Police Academy for the Deaf and Hard of Hearing set the bar high for others to achieve. They expressed their appreciation to Chief Halstead, Officer Monty Lambert, Officer Sharron Neal and Deputy Chief Rhonda Robertson for making the Citizens Police Academy possible and for making the learning experience successful. Ms. Tracey Michol, 6131 Avery Drive (provided handouts) Mr. John Reynolds, 7509 Kell Drive Ms. Paulette Rook, 4332 Barcelona Drive Ms. Julia Eckber, 2508 Denbury Drive Mr. James Eckber, 2508 Denbury Drive (provided handouts) Mr. Daniel Torrez, 2233 College Avenue The following individuals completed a citizen presentation card relative to the Citizens Police Academy for the Deaf and Hard of Hearing but did not wish to address the Council. Ms. Wan -Exa Reynolds, 7509 Kell Drive Ms. Felicia Richards, 2233 College Avenue Mayor Price and Council Members Scarth and Shingleton expressed their appreciation to Ms. Tracey Michol and her mother for their dedication and hard work for the deaf and hard of hearing community. They also expressed appreciation to the Police Officers that were involved with the Citizens Police Academy for the Deaf and Hard of Hearing and to the deaf community that made the experience possible. (Council continued with the regular order of the Agenda.) XIV. ZONING HEARING It appeared to the City Council that 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 December 22, 2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 21 of 41 Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 1. c Development, ,,,,,, Facilities plus alcohol sales; site plan waived to: Add "DD" Demolition Dela Overlay. (Recommended for Approval) Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan that Zoning Docket No. ZC- 10 -189A be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. It appeared that the City Council at its regular meeting on October 18, 2011, continued Zoning Docket No. ZC- 11 -075A. The following individuals completed speaker cards in support of Zoning Docket No. ZC- 11 -075A and were recognized by Mayor Price, but were not present in the Council chamber. Ms. Jerre Tracy, 1110 Penn Street Mr. Steven Berry, 4404 Angus Drive Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns that Zoning Docket No. ZC- 11 -075A be continued until the March 6, 2012, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 1D Development c!i site plan inc d d. (Recommended for, A prqy#l)jContinued from a Previous Me It appeared that the City Council at its regular meeting on December 13, 2011, continued Zoning Docket No. ZC -11 -101. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 22 of 41 (ZC -11 -101 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Hicks that Zoning Docket No. ZC -11 -101 be continued until the January 24, 2012, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 Council Member Espino stated that this item was recommended for denial by the Zoning Commission but he had learned there were unique circumstances to the case. He further stated that the applicant had bought the property when the area was in the process of being rezoned and that the property owner had not received the deed from the seller and did not receive notice about the rezoning of the property. He advised that he had worked with the property owners in the area so that they could continue with the proposed use and that he would overturn the Zoning Commission's recommendation for denial and recommend Zoning Docket No. ZC -11 -114 for approval. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that Zoning Docket No. ZC -11 -114 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth that Zoning Docket No .ZC -11 -118 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. ZC-11-119 - Hillwood Alliance Res i0eptia! J�P, � �QQ � ya�y White Road and 5351 ., ........................................ ... ........, ........, .......... ......., ......, Medium .............. 1 1 Commercial. (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC -11 -119 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The following individuals appeared before Council in support of Zoning Docket No. ZC -11 -120 and stated that they intended to use the property as a buffer for the plant and they would build on the quarry site. They further stated that they were planning to keep the trees that were currently on the property to help buffer the site from Old Decatur Road. Mr. Jon Brown, 601 North Throckmorton Street Mr. Tom Blanton, 777 Main Street, Suite 3100 Mr. JD Jimmerson, III, 3302 Roosevelt Avenue (provided handouts), appeared before Council in opposition to Zoning Docket No. ZC -11 -120 and stated that he did not receive proper notification about this zoning request. He advised that there had been a meeting but the stakeholders had not come to an agreement to support this item. He further advised that there was a model block of $1.4 million to improve the area that made it more livable and vibrant for the residents. He pointed out that the development was against what the community strived to achieve and he provided a petition from other residents who were opposed to the zoning change. Council Member Espino expressed appreciation to the citizens who spoke on this item. He stated that this had been a quarry site in order to keep Commercial Metals in Fort Worth and to retain jobs within the City. He further stated that there was a proliferation of recycling yards on North Main Street and that the quarry site was the best prospect to attempt to develop an industrial CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 24 of 41 (ZC -11 -120 Continued) growth center. He advised that the recycling yard would be relocated to the quarry site along with Commercial Metals and added that he felt the quarry site was a better location for this use rather than along North Main Street. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton that Zoning Docket No. ZC -11 -120 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Espino made a motion, seconded by Council Member Moss that Zoning Docket No. ZC -11 -121 be continued until the January 24, 2012, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. 9. SP -11 -007 - City of Fort Worth, 1060 Missouri Avenue; Site Man for proposed 7- I I convenience store and as sa tion. (Recommended for Approval) Motion: Council Member Hicks made a motion, seconded by Council Member Burns that Zoning Docket No. SP -11 -007 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Moss made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -11 -122 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 25 of 41 Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that Zoning Docket No. ZC -11 -123 be approved with appreciation to staff. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 � Motion: Council Member Burns made a motion, seconded by Council Member Scarth that Zoning Docket No. SP -11 -008 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Assistant City Secretary Gonzales advised that Mayor and Council Communication No. PZ -2965 would be considered by Council prior to Zoning Docket No. ZC -11 -124. 2. MSC PZ -2965 - Authorize Institution of the Annexation and Ador)tion of an Ordinance rte Citl-I itiated Annexation Approximately 2. Acres of Land in arra t County, TexasLocated e era y West of West Loop 820 S nth and North of Team Ranch Road. The recommendation was that the City Council Authorize Institution of and Adopt 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 12.3 Acre Tract of Land Located Generally West of West Loop 820 South and North of Team Ranch Road and Situated in Tarrant County in the Thomas G. Zachary Survey, Abstract Number 1759; and the James F. Elliot Survey, Abstract 493; Situated About 9.0 Miles South 66 Degrees West of the Tarrant County Courthouse, Texas (Case No. AX -12 -001) 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. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. PZ -2965 be approved and Ordinance No. 20040 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council continued with the regular order of the Agenda.) Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth that Zoning Docket No. ZC- I 1- 124 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 14. ZC-11-125 - Tarrant Count 4801 Marine Creek Par W y j� from: "AG" Agricultural to: "PD/AG" Planned Development for all uses in ttAGtt Agricultural s indoor sh o ...................... pip ............... (Recommended for .................................. AUroval j Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton that Zoning Docket No. ZC- I 1- 126 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Assistant City Secretary Gonzales advised that Zoning Docket Nos. ZC-11-127, ZC-11-128, ZC-11-129 and ZC-11-130 were City-initiated rezoning cases and would be considered by Council under one motion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 27 of 41 ,e 4�qF4"d Commercial Restricted/Historic & Cultural Overlay to: ............. ., ........., ........ ......... ..... . triplex; site Wan waiver reguested. (Recommended for Den Ms. Melanie Werth, 3729 Summercrest Drive, appeared before Council relative to Zoning Docket No. ZC -11 -131 and requested to amend her application to zone the property to B/HC Two Family. Motion: Council Member Burns made a motion, seconded by Council Member Espino that Zoning Docket No. ZC -11 -131 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 Burns made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 20041 -01 -201 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. The motion carried unanimously nine (9) ayes to zero (0) nays XV. REPORT OF THE CITY MANAGER B. General CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 28 of 41 (G -17495 Continued) The recommendation was that the City Council Approve a Variance to the Chesapeake Operating, Inc., Seminary Pad Site Located at 4190 Eighth Avenue, to Allow Future Development of a Protected Use Within the Required 225 Foot Setback From a Multiple Gas Well Pad Site Permit. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -17495 and stated that the pad site was too close to residences and schools. They further stated that they felt the Council did not have any concern for the homeowners and that no one would listen to their complaints. They stated that this was a controversial site and that the residents had signed leases but they had expired and they refused to sign new leases. They added that medical professional societies at a national conference in Washington D.C. called for a moratorium on gas drilling until national health risk assessments could be conducted. They also stated that City Council needed to reconsider the gas drilling ordinance which was falling behind other communities. They advised that they were not opposed to the gas drilling ordinance being changed but they were opposed to it being changed without public input. Ms. Annette Kellam, 4017 Ryan Avenue Mr. Robert Snoke, 3826 6th Avenue Mr. Alonzo Aguilar, 3725 Stuart Drive Mr. Gary Hogan, 2117 Rolling Creek Run Mr. Lee Frampton, 816 East Biddison Council Member Burns stated that the application was made by Chesapeake Operating, Inc., on behalf of the Southwestern Baptist Theological Seminary and that it did not change the number of wells on the site or the setbacks for the wells. He stated that this allowed the Seminary to construct a building closer to the well site. He requested clarification from City staff regarding the new development. Mr. Rick Trice, Assistant Director, Planning and Development Department, clarified that this would allow the Southwestern Baptist Theological Seminary to construct new development, and pointed out that the site met the 300 foot setback and that this change did not move the pad site or any of the wells. Mr. Matt Elgin, 2001 Seminary, Director of Facilities Management, Southwestern Baptist Theological Seminary, appeared before Council and clarified that they had worked with Chesapeake Operating, Inc., to develop a plan so that they could construct new development closer to the pad site, but would stay within the requirements of the Fire Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 29 of 41 (G -17495 Continued) Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. G -17495 be approved. The motion carried seven (7) ayes to one (1) nay, with Council Member Hicks casting the dissenting vote and one (1) abstention by Council Member Jordan. 2. M&C G-17496 - Adopt Revisions to the Re2istration Policies for Communi The recommendation was that the City Council Adopt Revisions to the Registration Policies for Community Organizations. Motion: Council Member Moss made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G -17496 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 12 111 11 R c 11111111111v 111mi c The recommendation was that the City Council Approve the Settlement of the Claim of Catherine Davidson in the Lawsuit Styled Catherine Davidson v. City of Fort Worth, Cause No. CV10 -07 -546 in the 271st Judicial District Court, Wise County, Texas; Authorize Payment of $145,000.00 to Catherine Davidson and the Law Offices of Art Brender for the Settlement of All Possible Claims Related to the Lawsuit; and Authorize Execution of any Releases and Agreements Necessary to Complete the Settlement. Motion: Council Member Scarth made a motion, seconded by Council Member Burns that Mayor and Council Communication No. G -17497 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. M&C G-17498 - Authorize Settlement Agreement with Flint Hills Resources License Amement for the Relocation of Flint Hills Resou ces CorDus Christi, A Park, The recommendation was that the City Council Authorize Settlement Agreement With Flint Hills Resources Corpus Christi, LLC, an Affiliate of Koch Pipeline Company, for the Repair of the City's 72 -Inch Sewer Main; and Authorize Execution of the Temporary Access Permit and License Agreement for the Relocation of Flint Hills Resources Corpus Christi, LLC's 14 -Inch Pipeline Located at Gateway Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 30 of 41 (G -17498 Continued) Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. G -17498 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. � c c c c 1 c 1 . The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Sewer Capital Project Fund in the Amount of $4,016,663.00, From Available Funds From Impact Fees, for the Purpose of Transferring Said Amount to the Water and Sewer Fund for Paying Debt Associated With Impact Fee Eligible Projects for Fiscal Year 2011; and Authorize the Transfer From the Sewer Capital Project Fund to the Water and Sewer Fund for the Purpose of Paying the Debt. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G -17499 be approved and Appropriation Ordinance No. 20042 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council Adopt an Ordinance Amending the Code of the City of Fort Worth (1986), as Amended, Chapter 12.5 "Environmental Protection and Compliance "; by Amending Article 1, "Administration and Enforcement ": Section 12.5 -103 "Definitions "; and Amending Article VI "Industrial Wastewater ": Section 12.5 -600 "Definitions "; Section 12.5 -604 "Incorporation of EPA or TCEQ Standards "; Section 12.5 -610 "Discharges to the City of Fort Worth Village Creek Wastewater Treatment Facility "; Section 12.5 -610.1 "Discharges to the Trinity River Authority Central Regional Wastewater Treatment Facility "; Section 12.5 -610.2 "Discharges to the Trinity River Authority- Denton Creek Wastewater Treatment Facility "; Section 12.5 -613 "Upset "; Section 12.5 -622 "Accidental Discharge /Slug Control "; Amending Division 4 "Wastewater Discharge Permit Application ", Sections 12.5 -630 Through 12.5 -633; Amending Division 5 "Wastewater Discharge Permit CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 31 of 41 (G -17500 Continued) Issuance Process ", Sections 12.5 -641, 12.5 -643 and 12.5 -645; Amending Division 6 "Reporting Requirements ", Section 12.5- 651(b) Subsections (5) and (7), and Sections 12.5 -654, 12.5- 654.1, 12.5 -655, 12.5 -658, 12.5 -660, 12.5 -661 and 12.5- 663(a); Amending Division 7 "Compliance Monitoring and Enforcement ", Sections 12.5 -670, 12.5 -671, 12.5- 671.1, 12.5 -677, 12.5 -677.1 and 12.5- 677.2, in Order for the City to Maintain Compliance With the Water Pollution Control Facility's Texas Pollutant Discharge Elimination System Permit. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. G -17500 be approved and Ordinance No. 20043 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. $3Z,#qQQQ..Ponation from jui��,,Jqir_jliuprqyements at the Highland Hills a Sycamore Community Centers and Adopt Appropriation Ordinances. The recommendation was that the City Council Authorize the Acceptance of a Donation Totaling $32,000.00 From Chesapeake Operating, Inc., Consisting of a $25,000.00 Donation for Improvements at Highland Hills Community Center and a $7,000.00 Donation for Improvements at Sycamore Community Center; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Special Trust Fund, Subject to Receipt of a Donation From Chesapeake Operating, Inc., for the Purpose of Underwriting Improvements to the Fitness Facility at the Highland Hills Community Center; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund, Subject to Receipt of a Donation From Chesapeake Operating, Inc., for the Purpose of Providing a New Scoreboard for the Gym at Sycamore Community Center. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. G -17501 be approved and Appropriation Ordinance Nos. 20044 -01 -2012 and 20045 -01 -2012 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 32 of 41 8. G-17502 - Authorize e a Parkland Currently a ie as Trail ® Rid2e Estates Park as Chuck Silcox Park. It was the consensus of the Council that Mayor and Council Communication No. G -17502 Authorize the Naming of Parkland Currently Identified as Trail Ridge Estates Park as Chuck Silcox Park, be continued until the February 14, 2012, Council meeting. (PUBLIC Gas Well Pad Site Permit for the Lancaster Lease Located : ....... ........ ....... ..................... ............................... ......................... a Protected Use. The recommendation was that the City Council Conduct a Public Hearing and Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit for the Lancaster Lease Located at 7199 East Lancaster Avenue Less Than 600 Feet From a Protected Use. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. R0ort of City Staff Mr. Rick Trice, Assistant Director Gas Wells, Planning and Development Department, appeared before Council and provided a staff report. Ms. Loretta Haldenwang, Chesapeake Representative, 100 Energy Way, appeared before Council and provided an overview of the request. (Council Member Scarth left his place at the dais.) b. Citizen Presentations Mr. Will Dryden, 7650 Meadowbrook Drive, appeared before Council in support of Mayor and Council Communication No. G -17503 and stated that he supported the drill site. He further stated that many citizens would benefit from this drill site and requested that the Council approve this item. Council Member Moss requested Ms. Haldenwang show a map of the properties that had not granted a waiver for the drill site and asked her to explain the map. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 33 of 41 (G -17503 Continued) Ms. Haldenwang displayed a map of the properties and explained that they had identified 29 protected uses. She stated that the properties shown in green had signed waivers and advised that they were unable to obtain waivers from the properties shown in blue. She further advised that they could not obtain waivers because they were unable to get in touch with property owners or the tenants /owners did not own the mineral rights to their property. She further stated that there was no properties within 300 feet that had failed to sign a waiver. Council Member Moss requested Ms. Haldenwang clarify if most of the properties without waivers were rental properties. Ms. Haldenwang clarified that the unsigned properties were mostly rental properties and Chesapeake Operating, Inc., was unable to elicit a response from the owners of the rental properties. C. Council Action (Council Member Scarth returned to his place at the dais.) Motion: Council Member Moss made a motion, seconded by Council Member Scarth to close the public hearing and that Mayor and Council Communication No. G -17503 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. D. Land Domain .. ........ ......... ........ ........ ........ ........ International, I Inc.,, at, 18972 1 Trinlity, t Road from U.S. State Highway 10 to Concho Trail. The recommendation was that the City Council Declare That the Negotiations Between the City of Fort Worth and the Landowner Were Unsuccessful Because the Owner Refused to Grant a Temporary - Construction- Easement Interest in 0.581 Acre of Land Owned by Flight Safety International, Inc., at 8972 Trinity Boulevard for the Widening of Precinct Line Road From U.S. Highway 10 to Concho Trail, City of Fort Worth Tarrant County, Texas; Declare the Necessity to Acquire a Temporary - Construction- Easement Interest in the Subject Property by Means of Condemnation by Eminent Domain for the Widening of Precinct Line Road; Authorize City Attorney to Institute Condemnation by Eminent Domain Proceedings to Acquire the Needed Temporary - Construction- Easement Interest for Construction on the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 34 of 41 (L -15305 Continued) Motion: Council Member Moss made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. L -15305 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire 0.581 acre of land for a Temporary Construction Easement out of property located at 8972 Trinity Boulevard for the widening of Precinct Line Road, City of Fort Worth Tarrant County, Texas. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 ............... .. ....................................... ....................................... .... .......... N The recommendation was that the City Council Conduct a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternative Exists to the Use of Chisholm Trail Park for the Dedication of Public Road Rights -of -Way and Related Infrastructure Improvements; Find That the Proposed Dedication of Public Road Rights -of -Way and Related Infrastructure Improvements Include All Reasonable Planning to Minimize Harm to the Parkland and Will be Constructed in Chisholm Trail Park as Specified; and Close the Public Hearing and Authorize the Use of Approximately 0.498 Acre of Chisholm Trail Park Located at 4680 McPherson Boulevard, South of Risinger Road West and North of McPherson Boulevard and West of North Crowley High School and North Crowley High School Ninth Grade Campus, for the Dedication of Public Rights -of -Way and Related Infrastructure Improvements. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. R R02LL2ML a Mr. Richard Zavala, 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 35 of 41 (L -15306 Continued) Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman to close the public hearing and that Mayor and Council Communication No. L -15306 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M&C L-15307 - Conduct a Public Hearing and Authorize the Use of a Portion of Heritage Addition Drainage Improvements. (PUBLIC The recommendation was that the City Council Conduct a Public Hearing Under The Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; Find That No Feasible or Prudent Alternative Exists to the Use of Heritage Addition Park and Heritage Glen Park for the Location of the Proposed Storm Drainage Improvements; Find That the Proposed Storm Drainage Improvements Include All Reasonable Planning to Minimize Harm to the Parkland and Will be Constructed in Heritage Addition Park and Heritage Glen Park as Specified; and Close the Public Hearing and Authorize the Use of Approximately 0.144 Acre of Heritage Addition Park Located at 3600 Block Heritage Trace Parkway, South of Heritage Trace Parkway, East of Old Denton Road and Terminus of Willingham Court, North of Burts Drive and Emery Avenue, West of Terminus of Burgee Court, North and East of General Worth Drive and Heritage Glen Park Located at 4400 Heritage Glen Drive, East and North of Heritage Glen Drive, West of Beach Street and South of Heritage Trace Parkway, for the Installation of Storm Drainage Improvements. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Shingleton to close the public hearing and that Mayor and Council Communication No. L -15307 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 36 of 41 E. Planning & Zoning Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan that Mayor and Council Communication No.PZ -2964 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract 1. M&C C-25396 - Authorize Execution of a Public Ri2ht-of-Way Use Agreement .., ......... ......, ,4'T ..................................... , .... ..... ........,, Drive. Gas Gathering Pipeline Across Campus The recommendation was that the City Council Authorize the Execution of a Public Right -of- Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Campus Drive, North of Oak Grove, for a One (1) Time License Fee of $6,331.50. (Council Member Espino left his place at the dais.) Motion: Council Member Hicks made a motion, seconded by Council Member Scarth that Mayor and Council Communication No. C -25396 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Authorize Agreement and Communication . 1 , ........, Between Conduit in the Cooper Street Right-of-Way Avenue in the General Vicinill of 801 Seventh Avenue. The recommendation was that the City Council Authorize the Execution of a Standard Encroachment Agreement With Cook Children's Healthcare System for the Installation of a Data CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 37 of 41 (C -25397 Continued) and Communication Conduit Which Will Encroach the Cooper Street Right -of -Way Between Seventh Avenue and Eighth Avenue in the General Vicinity of 801 Seventh Avenue. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Espino returned to his place at the dais.) Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. C -25397 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. The recommendation was that the City Council Authorize the Application for and, if Awarded, the Acceptance of a Grant of Up to $3,000,000.00 From the United States Department of Housing and Urban Development (HUD) for a Lead Hazard Reduction Demonstration (LHRD) Program; Authorize the Use of Up to $1,020,000.00 of Community Development Block Grant Funds as the City's Direct Match; Authorize the City Manager or his Designee to Enter into Agreements and Amend or Extend Such Agreements With the Tarrant County Public Health Department, the Fort Worth Housing Authority, Area Non - Profit Organizations and Other Entities as may be Necessary and Appropriate Within the Scope of the Program and in Compliance With Applicable Laws and Regulations; Certify That the Activities to be Funded With the Grant are Consistent With the City's Consolidated Plan; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of a Grant From HUD for LHRD, for the Purpose of Continuing Past Lead Hazard Control Programs. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss that Mayor and Council Communication No. C -25398 be approved and Appropriation Ordinance No. 20046 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 38 of 41 4 Authorize Amendment Amended, No. 19725, as Previously Between Worth and the Southwestern E;Wosition and Livestock Show for Use of Will Ro2ers Memorial Center. The recommendation was that the City Council Authorize the Execution of the Amendment to the Southwestern Exposition and Livestock Show Lease Agreement for the Purpose of Revising the Boundary of the Leased Premises, Correcting and Enumerating the Leased Premises to Include the Equestrian Multipurpose Building, Western Heritage Parking Garage and Ticket Office, Instituting a Process to Address Maintenance Issues and Clarifying Certain Sections of the Lease Agreement. Mayor Price 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. C -25399 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) recusal by Mayor Price. Authorize Execution of an Agreement with Hahnfeld Hoffer & Stanford,, 1L1.1L.C.,1 m, the, 'Amlolunt I of, in, I Contingency and Staff Administration Costs, for a Comprehensive Master Plan of the Will R s Memorial Center and AdoDt Su Increasin2 Aimrot)riations in the Culture. The recommendation was that the City Council Authorize the Execution of an Agreement With Hahnfeld Hoffer & Stanford, L.L.C., in the Amount of $104,642.50, Plus $17,357.50 in Contingency and Staff Administration Costs, for a Comprehensive Master Plan of the Will Rogers Memorial Center; and Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $122,000.00, and Decreasing the Unaudited, Undesignated Fund Balance by the Same Amount, for the Purpose of Creating a Master Plan for the Will Rogers Memorial Center. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25400 be approved and Supplemental Appropriation Ordinance No. 20047 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. ........ ........ .... .. .. ........, ........ ........ 1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 39 of 41 (C -25401 Continued) The recommendation was that the City Council Approve the Fire Department, Office of Emergency Management, Application for and Acceptance of, if Awarded, in a Amount Up to $5,067,804.91 in Fiscal Year 2011 Homeland Security Grant Funds From the State of Texas, Division of Emergency Management, Consisting of: Urban Area Security Initiative Grant, CFDA No. 97.067: $2,874,796.56; Urban Area Security Initiative LEAP Grant, CFDA No. 97.067: $1,855,400.00; Metropolitan Medical Response System Grant, CFDA No. 97.067: $267,608.35; State Homeland Security Program LETPA Grant, CFDA No. 97.067: $70,000.00 for a Combined Total Award in the Amount of $5,067,804.91; Authorize Execution of All Applicable Grant Contracts; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of the Grant Funds, for the Purpose of Increasing the Community's Capacity to Prepare for, Prevent and Respond to Terrorism Incidents. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Moss that Mayor and Council Communication No. C -25401 be approved and Appropriation Ordinance No. 20048 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 7. M&C C-25402 - Authorize Execution of a Contract with Great .; Dock ComD in the Amount of $12A96,�Q+.,qqJqr Phase I of the 1 1 c The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Lake Worth Gas Lease Capital Improvement Fund in the Amount of $13,380,326.00, From Gas Well Revenues, for the Purpose of the Lake Worth Dredging Project Phase 1; Authorize the Transfer of the Funds From the Lake Worth Gas Lease Capital Improvement Fund to the Water Capital Projects Fund; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund From Transferred Funds From the Lake Worth Gas Lease Capital Improvement Fund, for the Purpose of the Lake Worth Dredging Project Phase 1; and Authorize Execution of a Contract With Great Lakes Dredge and Dock Company, LLC, for Phase 1 of the Dredging of Lake Worth and Disposal of Sediment in the Amount of $12,496,904.00. Mr. Michael Barnard, 4237 Wells Drive, President, North Lake Worth Neighborhood Association, (provided handouts) appeared before Council in support of Mayor and Council Communication No. C -25402 and recognized Ms. Pat Hyer, President, East Lake Worth Neighborhood Association, Ms. Gale Cupp, Chairman, Neighborhood Association of South Lake CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 40 of 41 (C -25402 Continued) Worth and Mr. Michael Dallas, President, Scenic Shores Neighborhood Association. He stated that the four (4) neighborhood associations fully supported the approval of the Phase I dredging contract and expressed their appreciation to the City Council for their support of the project. He also expressed appreciation to City Staff and Mr. Paul Bounds, Engineer, Water Department, who invested so much effort into the project. He stated that the neighborhood associations looked forward to the commencement of the Lake Worth Regional Coordinating Committee to be led by Council Member Shingleton, and to the future planned Phase 2 dredging project that would further enhance Lake Worth. Mr. Joe Waller, 2533 Castle Circle, (provided handouts) appeared before Council in support of Mayor and Council Communication No. C -25402 and stated that this marked an important step in the evolution of projects which would benefit the City and the citizens. He added that Lake Worth and the surrounding parklands would become a more efficient water reservoir with a connected world class parks system destination that would benefit the quality of life within the City for generations. He added that the lake would also be economically beneficial as the City developed. He stated that in 2009 the City Council voted to embrace the vision of the future of Lake Worth, and approved the funding for the Lake Worth Capital Improvements Implementation Plan. He further stated that the planning and implementation studies were conducted, pilot dredging was completed, stump removal efforts were implemented, public boat ramps were expanded and re -built and related ordinances were developed and approved, all with the collaboration of the area residents, their organizations and many other groups. He added that the major dredging project was about to begin and was a positive marker. He expressed his appreciation to the City staff who were involved with this project and the Directors of the Lake Worth Alliance. Council Member Shingleton stated that this next phase was a long time coming and he was delighted to move the project forward. He further stated that the dredging was environmentally sensitive because the pumps would run off of electricity and not diesel engines. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25402 be approved and Appropriation Ordinance Nos. 20049 -01 -2012 and 20050 -01 -2012 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 711 1111311111 lirrnlir ................. 1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 10, 2012 Page 41 of 41 (C -25403 Continued) The recommendation was that the City Council Authorize Execution of a Contract With Archer Western Contractors, Ltd., in the Amount of $3,783,000.00 for the South Holly Water Treatment Plant High Service Pump Station Motor and Switchgear Replacement and Electrical Improvement Project, Located at 1500 Eleventh Avenue. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. C -25403 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 9:05 p.m. These minutes approved by the Fort Worth City Council on the 24th day of January, 2012. Attest: 9 in onald P. Gonzales Assistant City Secretary Approved: etsy P ice May