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HomeMy WebLinkAbout2012/03/06-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:02 p.m., on Tuesday, March 6, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. The invocation was provided by Pastor Dale Shorter, Harvest Assembly of God. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. CONSIDERATION OF MINUTES OF REGULAR MEETING OFEBRUARY 21, 2012, D CITY COUNCIL TOUR OF DISTRICT 5 ON FEBRUARY Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the minutes of the regular meeting of February 21, 2012, and the Minutes of the Council Bus Tour of District 5 February 28, 2012, be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 2 of 34 J 004101, =4 I 1 �, 1 �, City Manager Higgins requested that Mayor and Council Communication Nos. L -15330 and C -25459 be withdrawn from the Consent Agenda. I 1 1,c I c City Manager Higgins requested that Mayor and Council Communication Nos. G -17540 and C -25475 be continued until the March 20, 2012, Council meeting. 1� Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that the Consent Agenda be approved as amended. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M &C G -17527 - Authorize Change in Use and Expenditure in the Amount of $477,835.40 in Community Development Block Grant Funds for the 2010 and 2011 Street Reconstruction Proiects and Substantial Amendment to the 2009 -2010 Action Plan. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a substantial amendment to the City's 2009 -2010 Action Plan; authorize a change in use and expenditure in the amount of $259,250.00 in Community Development Block Grant (CDBG) funds from the Americans with Disabilities Act Ramp Project to the 2010 Street Reconstruction Project; and authorize a change in use and expenditure in the amount of $218,585.40 in CDBG funds from the Americans with Disabilities Act Ramp Project to the 2011 Street Reconstruction Project. 2. M &C G -17528 - Approve Request of Downtown Fort Worth Initiatives, Inc., for Temporary Street Closures from April 16, 2012, through April 23, 2012, to Accommodate the 2012 Main Street Fort Worth Arts Festival. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Approve the request of Downtown Fort Worth Initiatives, Inc., for temporary street closures from April 16, 2012, through April 23, 2012, to accommodate the 2012 Main Street Fort Worth Arts Festival. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 3 of 34 3. M &C G -17529 - Authorize the Temporary Closure of Approximately One Hundred Fifteen Feet of Riverfront Drive West from Its Intersection with South University Drive from March 1, 2012 through March 21, 2012 to Make a Connection to an Existing Sanitary Sewer in Riverfront Drive. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the continued temporary road closure of approximately 115 of Riverfront Drive west from its intersection with South University Drive from March 1, 2012, through March 21, 2012, to make a connection to an existing sanitary sewer in Riverfront Drive. 4. M &C G -17530 - ADUrove Extension of Iniury Leave -of- Absence Pav Benefits in the Amount of $19,323.20 for Police Officer Gerald Anderson Beginning March 9, 2012 through June 9, 2012. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a three month extension of injury leave -of- absence pay benefits in the amount of $19,323.20 for Police Officer Gerald Anderson beginning March 9, 2012, through June 9, 2012. 5. M &C G -17531 - Approve Retroactive Extension of Iniury Leave -of- Absence Pay Benefits in the Amount of $47,008.00 for Police Officer Terry Howard Beginning January 2, 2012 through July 4, 2012. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve an extension of injury leave -of- absence pay benefits in the amount of $47,008.00 for Police Officer Terry Howard retroactively beginning January 2, 2012, through July 4, 2012. 6. M &C G -17532 - Adopt Appropriation Ordinance Increasing Receipts and Appropriations in the Park Improvements Fund by $27,165.00 to Fund Capital Expenses Related to the Fort Woof Dog Park. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20077 -03 -2012 increasing the estimated receipts and appropriations in the Park Improvements Fund in the amount of $27,165.00, from available funds, for the purpose of funding improvements at Fort Woof Dog Park. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11364 - Authorize a Purchase Agreement for Office Supplies with Office Depot Using a National Intergovernmental Purchasing Alliance Cooperative Contract Up to $1,200,000.00 Per Year. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 4 of 34 The City Council approved the following recommendation: Authorize a purchase agreement for office supplies with Office Depot using National Intergovernmental Purchasing Alliance Cooperative Contract No. 618 - 000 -11 -1 up to $1,200,000.00 per year. E. Award of Contract - Consent Items 1. M &C C -25454 - Authorize Purchase Agreement with EMC Corporation through its Reseller INX, Inc., for Hardware, Software and Maintenance, and Authorize Execution of a Services Agreement with Isilon, LLC, a Subsidiary of EMC Corporation, for Installation, Configuration and Testing for an Enterprise Video Storage Platform in the Amount of $266,718.00 Using a State of Texas Department of Information Resources Contract. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Purchase Agreement with EMC Corporation through its reseller, INX, Inc., for hardware, software and maintenance, and authorize execution of a Services Agreement with Isilon, LLC, a subsidiary of EMC Corporation, for installation, configuration and testing for an Enterprise Video Storage Platform in the amount of $266,718.00 using State of Texas Department of Information Resources Contract No. DIR -SDD -1418. 2. M &C C -25455 - Authorize Execution of an Easement Encroachment Agreement with Fort Worth Affordability for the Construction of an Eight -Foot Wrought Iron Fence to Replace an Existing Six -Foot Chain Link Fence at 6300 Vega Drive. (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of an Easement Encroachment Agreement with Fort Worth Affordability to construct an eight -foot wrought iron fence to replace an existing six -foot chain link fence at 6300 Vega Drive. 3. M &C C -25456 - Authorize Execution of an Easement Encroachment Agreement with Riverbend Investment Ltd., for the Construction of a Perimeter Subdivision Screening Wall that will Encroach Upon a Twenty -Four Foot Wide Utility Easement Approximately 110 Feet West of the Intersection of Salado Trail and Trinity Boulevard. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize execution of an Easement Encroachment Agreement with Riverbend Investment Ltd., for the construction of a perimeter subdivision screening wall that will encroach upon a 24 foot wide utility easement approximately 110 feet west of the intersection of Salado Trail and Trinity Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 5 of 34 4. M &C C -25457 - Authorize Execution of an Easement Encroachment Agreement with Texas Christian University for the Construction of a Box Culvert and Manhole that will Encroach Upon a Twenty -Foot Sanitary Sewer Easement at 2850 Stadium Drive. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of an Easement Encroachment Agreement with Texas Christian University for the construction of a 4 foot by 2 foot box culvert and manhole which will encroach onto the City's 20 foot sanitary sewer easement at 2850 Stadium Drive. 5. M &C C -25458 - Authorize Execution of an Easement Encroachment Agreement with Texas Christian University for the Construction of a Series of Wheel Chair Ramps and Retaining Walls that will Encroach Upon a Twenty -Foot Sanitary Sewer Easement at 2850 Stadium Drive. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of an Easement Encroachment Agreement with Texas Christian University for the construction of a series of wheel chair ramps and retaining walls which will encroach into the City's 20 foot sanitary sewer easement at 2850 Stadium Drive. 7. M &C C -25460 - Authorize Amendment of M &C C -24976 to Expand the Proiect Location of the Lancaster Mixed Use Proiect, Increase the Number of Housing Units and Approve the Waiver of Certain Related Development Fees. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize amendment of M &C No. C -24976 to expand the project location of the Lancaster Mixed Use Project and increase the number of housing units; authorize amendment of the conditional commitment with the Fort Worth Local Development Corporation to reflect the expanded location and the increase in number of housing units; and approve the waiver of certain related development fees. 8. M &C C -25461 - Authorize Execution of Change Order No. 2 in the Amount of $64,075.00 to City Secretary Contract No. 41400 with NewStar Grading & Paving for Sidewalk Infrastructure Proiect Phase IL (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of Change Order No. 2 in the amount of $64,075.00 to City Secretary Contract No. 41400 with NewStar Grading & Paving for Sidewalk Infrastructure Project Phase 11, thereby increasing the total contract amount to $513,725.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 6 of 34 9. M &C C -25462 - Authorize Additional Payment in the Amount of $381,515.21 to the Texas Department of Transportation Under City Secretary Contract No. 37265, a Local Proiect Advance Funding Agreement for the Replacement of a Hydraulically Inadequate Culvert, Northeast Twenty Eighth Street Bridge at State Highway 183 and the Lebow Channel, a Tributary to the West Fork of the Trinity River and for Additional Costs Associated with the Construction and Inspection of the Lebow Channel Roadway Crossing Proiect. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize additional payment in the amount of $381,515.21 to the Texas Department of Transportation under City Secretary Contract No. 37265, a Local Project Advance Funding Agreement for replacement of a hydraulically inadequate culvert, Northeast Twenty Eighth Street Bridge, at State Highway 183 and the Lebow Channel, a tributary to the West Fork of the Trinity River, and for additional project costs associated with the construction and inspection of the Lebow Channel Roadway Crossing Proj ect. 10. M &C C -25463 - Authorize Reiection of all Bids for the Storm Drainage and Pavement Improvement Project for Beaumont Street and Zwolle Street and Re- Advertisement of the Proiect for Bids. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Reject all bids received for the Storm Drainage and Pavement Improvement Project for Beaumont Street and Zwolle Street; and authorize re- advertising the project for bids at the earliest time possible. 11. M &C C -25464 - Authorize Execution of an Agreement with Burlington Northern Santa Fe Railway Company in the Amount of $53,406.00 for Railroad Signal Improvements at the Railroad Crossing Located on Sycamore School Road. (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of an Agreement with the Burlington Northern Santa Fe Railway Company in the amount of $53,406.00 for railroad signal improvements at the railroad crossing located on Sycamore School Road. 12. M &C C -25465 - Authorize Execution of an Artwork Commission Contract with Artist Alice Bateman in the Amount of $44,312.68 for Fabrication, Delivery, Installation, and Lighting of a Sculpture for the Traffic Circle at Elizabeth Boulevard and Fifth Avenue in the Ryan Place Neighborhood. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of an Artwork Commission Contract with Alice Bateman in the amount of $44,312.68 for fabrication, installation, and lighting of a sculpture for the traffic circle on Elizabeth Boulevard and Fifth Avenue in the Ryan Place Neighborhood. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 7 of 34 13. M &C C -25466 - Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in the Amount of $193,185.00 for the Stream MSC -2 Floodplain Study Involving a Tributary of Mary's Creek in the Far West Sector. (COUNCIL DISTRICTS 3 and 7) The City Council approved the following recommendation: Authorize the execution of an Agreement with Freese and Nichols, Inc., in the amount of $193,185.00 for the Stream MSC -2 Floodplain Study involving a tributary of Mary's Creek in the far west sector. 14. M &C C -25467 - Authorize Execution of a Work Order with Job Order Contractor, Yeargan Construction Company, LLC -The Mark IV Construction Group, LLC, in the Amount of $231,541.10 Plus $30,458.90 for Contingency and Staff Administration to Replace Three Air Handling Units in the Richardson Bass Building at the Will Rogers Memorial Center. (COUNCIL DISTRICT 71 The City Council approved the following recommendation: Authorize the execution of a work order in the amount of $231,541.10 plus $30,458.90 for contingency and staff administration with Job Order Contractor, Yeargan Construction Company, LLC -The Mark IV Construction Group, LLC, to replace three air handling units in the Richardson Bass Building at the Will Rogers Memorial Center. 15. M &C C -25468 - Authorize Execution of an Interlocal Agreement with Tarrant County for the City of Fort Worth to Provide Site Security Plans to Tarrant County for Fort Worth Strategic National Stockpile Points of Dispensing Sites and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of an Interlocal Agreement with Tarrant County for Tarrant County to pay the City $30,000.00 to develop Site Security Plans for Fort Worth Strategic National Stockpile Points of Dispensing Sites; and adopt Appropriation Ordinance No. 20078 -03 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $30,000.00, from available funds, for the purpose of developing the plans. 16. M &C C -25469 - Authorize Use of Gas Lease Revenue in the Amount Not to Exceed $65,000.00 to Conduct a Valuation Study of 223 Avigation Easements and Appraisal of Four Rural Properties for Acquisition in Accordance with the Fort Worth Alliance Airport Noise Compatibility Program and Adopt Appropriation Ordinances. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize use of gas lease revenue in the amount not to exceed $65,000.00 to (i) conduct a Valuation Study of 223 avigation easements and (ii) appraise four rural properties for acquisition in accordance with the Fort Worth Alliance Airport Noise Compatibility Program; adopt Appropriation Ordinance No. 20079 -03 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 8 of 34 Project Fund in the amount of $65,000.00, from available funds, for the purpose of conducting an Avigation Easement Valuation Study and appraise four rural properties for acquisition in accordance with the Fort Worth Alliance Airport Noise Compatibility Program; authorize transfer of funds from the Airports Gas Lease Project Fund to the Municipal Airports Fund in the amount of $65,000.00; and adopt Appropriation Ordinance No. 20080 -03 -2012 increasing the estimated receipts and appropriations in the Municipal Airports Fund in the amount of $65,000.00, from available funds. 17. M &C C -25470 - Authorize Execution of a Utility Adiustment Agreement with Enbridge Gathering, North Texas, L.P., in the Amount of $346,376.00 for Construction Fees Associated with the Relocation of a Gas Pipeline as Part of the Runway Extension Proiect at Fort Worth Alliance Airport. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize execution of a Utility Adjustment Agreement with Enbridge Gathering, North Texas, L.P., in the amount of $346,376.00 for construction fees associated with the relocation of a gas pipeline as part of the Runway Extension Project at Fort Worth Alliance Airport. 18. M &C C -25471 - Authorize Execution of a Utility Adiustment Agreement with NuStar Energy, LP, in the Amount of $704,352.00 for Design and Construction Fees Associated with the Relocation of a Gas Pipeline as Part of the Runway Extension Proiect at Fort Worth Alliance Airport. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize execution of a Utility Adjustment Agreement with NuStar Energy, LP, in the amount of $704,352.00 for design and construction fees associated with the relocation of a gas pipeline as part of the Runway Extension Project at Fort Worth Alliance Airport. 19. M &C C -25472 - Authorize Execution of a Construction Contract with Archer Western Construction, LLC, in the Amount of $389,600.00 for the Secondary Clarifier 1 -9 Weir Replacement at Village Creek Water Reclamation Facility. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize execution of a construction contract with Archer Western Construction, LLC, in the amount of $389,600.00 for the Secondary Clarifier 1 -9 Weir Replacement at Village Creek Water Reclamation Facility. 20. M &C C -25473 - Authorize Execution of Amendment No. 1 with Freese and Nichols, Inc., in the Amount of $878,058.00 for a Total Contract Amount of $2,397,337.00 for Engineering and Design Services for the Lake Worth Dredging Proiect Phase 1, and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20081 -03 -2012 increasing the estimated receipts and appropriations in the Lake Worth Gas Lease Capital Improvement Fund in the amount of $878,058.00, from available funds, for the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 9 of 34 purpose of engineering and construction services associated with the Lake Worth Dredging Project Phase 1; authorize the transfer of $878,058.00 from the Lake Worth Gas Lease Capital Improvement Fund to the Water Capital Projects Fund; adopt Appropriation Ordinance No. 20082 -03 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $878,058.00, from available funds; and authorize the execution of Amendment No. l with Freese and Nichols, Inc. 21. M &C C -25474 - Authorize Execution of Change Order No. 2 to City Secretary Contract No. 39666 -TA1 in the Amount of $439,243.60 for a Total Contract Amount of $5,251,955.60 with William J. Schultz, Inc., d /b /a Circle C Construction Company, the Completion Contractor for W.R. Hodgson Company, L.P., for Village Creek Reclaimed Water Eastern Delivery System Distribution Main, Part 2, South of Trinity Boulevard and West of FM -157. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize execution of Change Order No. 2 to City Secretary Contract No. 39666 -TA1 with William J. Schultz, Inc., d /b /a Circle C Construction Company, the Completion Contractor for W.R. Hodgson Company, L.P., in the amount of $439,243.60 for the Village Creek Reclaimed Water Eastern Delivery System Distribution Main, Part 2, South of Trinity Boulevard and West of FM -157, thereby increasing the total contract amount to $5,251,955.60. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1843 - Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. C. Land - Removed from Consent Agenda for Individual Consideration 1. M &C L -15330 - Authorize Direct Sale of Tax - Foreclosed Property Located at 1410 South Jennings to Sameer Dalal in the Amount of $23,867.52. (COUNCIL DISTRICT 9) The recommendation was that the City Council authorize the direct sale of a tax - foreclosed property located at 1410 South Jennings in accordance with Section 34.05 of the Texas Tax Code to Sameer Dalal for $23,867.52; and authorize execution and recording of the appropriate instruments conveying the property to complete the sale. Ms. Marjorie Walters, 3401 8th Avenue, appeared before Council in opposition to Mayor and Communication No. L- 15330. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 10 of 34 Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No L -15330 be approved. The motion carried unanimously 9 ayes to 0 nays. E. Award of Contract - Removed from Consent Agenda for Individual Consideration 6. M &C C -25459 - Authorize Execution of an Easement Encroachment Agreement with Waterview Estates, LP, for the Construction of a Wrought Iron Access Gate that will Encroach Upon a Ten Foot Wide Utility Easement at 5645 Grenada Drive. (COUNCIL DISTRICT 5) The recommendation was that the City Council authorize the execution of an Easement Encroachment Agreement with Waterview Estates, LP, for the construction of a wrought iron access gate that will encroach upon a ten foot wide utility easement at 5645 Grenada Drive. Council Member Moss stated that the residents of Enchanted Bay neighborhood had been working for several years to gate the neighborhood due to criminal activity in the area and also to address concerns with traffic. Mr. James Kincannon, 5545 Grenada Drive, appeared before Council in support of Mayor and Council Communication No. C- 25459. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No C -25459 be approved. The motion carried unanimously 9 ayes to 0 nays. c 1. Presentation by Love Never Falls International Ms. Jennifer Corbin, Executive Director, Love Never Fails International (LNFI), stated that LNFI was a non - profit charity that existed to provide a hand up not a hand out for impoverished children and families through assistance, tutoring and mentoring. She further stated that principals and teachers in the Fort Worth Independent School District handpicked children to receive tutoring and mentoring after school with LNFI. She advised that there was a variety of activities that were available to students each afternoon where volunteer mentors developed positive caring relationships that encouraged and provided a hand up in the children's lives. She introduced top students who recited life passages that they had learned from the literacy program that encompassed character lessons on how to live life successfully. They also recited the Love Never Fails Creed that they try to live by each day. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 11 of 34 2. Presentation of the Fort Worth Commission for Women, 2012 Outstanding Women r t Worth Awards Ms. Melissa Mitchell, Chair, Fort Worth Commission for Women, stated that the Fort Worth Commission for Women recognized women and organizations in the community for their efforts, talents and skills in making Fort Worth a better place for all residents. Mayor Price and Council Member Hicks presented the following Certificates of Recognition for the 2012 Outstanding Women of Fort Worth Awards: Ms. Abbi Ice, Outstanding Young Woman Volunteer (presented by Mayor Price) Ms. Flora Brewer, Outstanding Women Who Volunteer (presented by Council Member Hicks) Ms. Sue Wallace, Outstanding Women in the Workplace (presented by Mayor Price) Ms. Hispanic Women's Network of Texas -Fort Worth Chapter, Outstanding Women's Advocacy Organization - accepted by Judy Perez on behalf of the organization (presented by Council Member Hicks) Council Member Burns thanked the volunteers on the board. 3. Presentation by the Southwestern Exposition and Livestock Show Mr. Brad Barnes, President and General Manager, Southwestern Exposition and Livestock, provided an update on the 116th Southwestern Exposition and Livestock Stock Show Days. Mayor Price and Council Member Shingleton commented on the beautiful weather, high attendance and overall success of the 2012 Southwestern Exposition and Livestock Stock Show and stated they looked forward to another successful show next year. 1. UlRcon mg and Recent Events Council Member Burns announced that a public meeting would be held regarding the Public Events Ordinance on March 19, 2012, at 6:00 p.m. in the Pre Council Chamber. Council Member Jordan announced that March 2, 2012, was Texas Independence Day and that March 6, 2012, marked the 176th anniversary of the battle of the Alamo. Council Member Scarth announced that the Welcome Home Hero program would come to an end on March 14, 2012, and pointed out that the program had welcomed thousands of soldiers home from the battlefield. He stated that a special feature on NBC Channel 5 would air in the near future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 12 of 34 Mayor Price expressed appreciation to the approximately 26,000 individuals who participated in the Cowtown Marathon and stated the event was a great success. She also announced that the Joe's Run, benefitting the Samaritan House would be held on March 24, 2012, and encouraged everyone to attend. 2. Recognition of Citizens There were no citizens recognized at this time. There were no changes in membership on Boards and Commissions. „ ,,,,,,,,, ........, ................... ....'' ,,,,,,,,, 1 „ .. . Council Member Shingleton expressed appreciation to Council Member Jordan for his support of Council Proposal No. 289. He stated that this proposal was for a waiver of parking fees for the museum parking lot at the Will Rogers Memorial Center for the museum attendees during Spring Break, which occurred March 10 -18, 2012. He advised that museum patrons had to present their ticket stub to the parking attendant to receive complimentary parking. He pointed out that this proposal would encourage safe and positive activities during Spring Break. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, to suspend the rules. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Council Proposal No. 289 be approved. The motion carried unanimously 9 ayes to 0 nays. c c 1 r 1 1111, There were no presentations and /or communications from boards, commissions and /or city council committees. XIII. RESOLUTION 1. A Resolution Reguesting Funding in An Amount 1 . Bureau XVI Water Reclamation and Reuse Program for the Central Fort Worth Reclaimed Water System Feasibility Study. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 13 of 34 XIV. ZONING HEARING CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 14 of 34 The City Council at its regular meeting on January 10, 2012, continued Zoning Docket No. ZC- 11 -075A. The following individuals completed "undecided" speaker cards relative to Zoning Docket No. ZC- 11 -075A and were recognized by Mayor Price, but were not present in the Council Chamber: Mr. John Roberts, 3629 Ryan Avenue Ms. Lisa Lowry, 1208 Mistletoe Drive Ms. Jerre Tracy, 1110 Penn Street Ms. Janie Cumming, 6200 Locke Avenue Mr. Lee Anderson, 6467 Floyd Drive Ms. Janie Hart, 2416 Ryan Place Drive Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -075 be continued until the April 3, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 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 February 17, 2012. The text amendment amended the following: Section 5, "Schedule of Permitted Uses" of the Camp Bowie Revitalization Code as adopted and incorporated by reference into Section 4.1204 of Chapter 4, 'District Regulations" of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby amended to remove bars as a permitted use in the Ridglea Urban Village Core South Zone. The following individuals completed "undecided" speaker cards relative to Zoning Docket No. ZC- 11 -100A and were recognized by Mayor Price, but were not present in the Council Chamber: Mr. John Roberts, 3629 Ryan Avenue Ms. Lisa Lowry, 1208 Mistletoe Drive Ms. Jerre Tracy, 1110 Penn Street Ms. Janie Cumming, 6200 Locke Avenue Mr. Lee Anderson, 6467 Floyd Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 15 of 34 Ms. Janie Hart, 2416 Ryan Place Drive Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 11 -100A be continued until the April 3, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 3. ZC7 1 Grove Strpptjirom; "K" Heavy Industrial to: 1 Development A Cqntmuled from a Previous Meetingi The City Council at its regular meeting on February 14, 2012, continued Zoning Docket No. ZC -11 -101. The City Council at its regular meeting on February 14, 2012, continued Zoning Docket No. ZC -12 -005. The following individuals appeared before Council in support of Zoning Docket No. ZC -12 -005: Ms. Anna Burns, 3224 Lipscomb Mr. Ron Reed, 1316 Orange Avenue Ms. Juanita Jimenez, 3006 Jennings Avenue (provided petition and photographs of businesses operating in the area) Mr. Nonny Evans, 3101 South Adams Ms. Vicki Bargas, 301 East Drew Street Mr. Christopher Bonilla, 8540 Charleston Avenue Ms. Kellie Duhr, Director of Public Relations, Wal -Mart, 3800 North Lamar Boulevard, Austin, Texas, 78756 Mr. Tom Galbreath, Dunaway Associates, LP, 550 Bailey Avenue, Suite 400 (provided PowerPoint presentation) Ms. Laura Rios, 3736 South Jones Ms. Marjorie Walters, 3401 8th Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 16 of 34 The following individuals completed speaker cards in support of Zoning Docket No. ZC -12 -005, but did not wish to address the Council: Mr. Hunter Hart, Wal -Mart Real Estate Division, 2001 SE 10th Street Mr. Larry Craighead, 211 North Record Street, Suite 222, Dallas, Texas 75202 Mr. Brian Crawford, 211 North Record Street, Suite 222, Dallas, Texas 75202 The following individuals appeared before Council in opposition to Zoning Docket No. ZC -12 -005: Ms. Mary Giles, 3137 Hemphill Street Ms. Elaine Faulk, 3732 Stuart Drive Ms. Connie Medina, 3716 South Jones Ms. Lee Hocking, 2701 Hemphill Mr. Fernando Florez, 2740 Hemphill (provided handouts) Ms. Sandra Dennehy, 3124 College Avenue (displayed overheard materials) Ms. Linda Clark, 3030 Willing Avenue (displayed overhead photograph) Mr. Paul Dennehy, 3124 College Avenue Mr. Dan Jones, 3111 Lipscomb Street Mr. Paul Millender, 3121 Lipscomb Street Mr. Alonzo Aguilar, 3725 Stuart Drive Mr. Lee Frampton, 816 East Biddison Mr. Rick Kubes, 2700 West Berry Street Ms. Annette Kellum, 4017 Ryan Avenue Mr. Paul Sinclair, 2829 Travis Avenue Ms. Cynthia Frampton, 3204 College Avenue Mr. Robert Snoke, 3826 6th Avenue Ms. Chantel Langlinais, 2512 Willing Avenue, completed a speaker card in opposition to Zoning Docket No. ZC -12 -005, but did not wish to address the Council. Council Member Burns provided an overview of the planning meetings that occurred throughout the process and stated that the desire to preserve the urban village design with curbside shopping was the driving force behind the discussion. He stated that once it was determined that the lot could not be configured to support the curbside store front; the decision was to look at how the lot could be configured with the parking lot in front. He reviewed various options that were discussed including the fact that Wal -Mart could remodel the current building located on the property. He stated that his motion would be to approve Zoning Docket No. ZC -12 -005 as amended by Wal -Mart with the preclusion of any fuel sales on the parcel and Wal -Mart is allowed only to build parking on the lease lot area at the time in which Wal -Mart constructs a future building on the site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 17 of 34 Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC -12 -005 be approved as amended by Wal -Mart with the preclusion of any fuel sales on the parcel and Wal -Mart is allowed only to build parking on the lease lot area at the time in which Wal -Mart constructs a future building on the site. Discussion ensued between Council Members Espino, Shingleton, Scarth, Jordan, Mayor Pro tem Zimmerman, City staff and the applicant regarding the recommended and requested parking spaces. Motion: Council Member Espino made a substitute motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -005 be approved as amended by Wal -Mart to reflect the site plan submitted by Wal -Mart to Council on March 6, 2012, which includes the shared parking spaces in the lease lot area and the preclusion of any fuel sales on the site. The motion carried 7 ayes to 2 nays, with Council Members Jordan and Burns opposed. Mr. Jim Schell, 901 Fort Worth Club Building, completed a speaker card in support of Zoning Docket No. ZC -12 -015, but did not wish to address the Council. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -12 -015 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 18 of 34 Oil! 11 c Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -12 -016 be approved. The motion carried unanimously 9 ayes to 0 nays. 7. ZC7 1 �1 * ; .,,,,.. ,,,,,,,,, ,,,,,,,,,, Lane; from: I, "A-5" One-Family. (Recommended for Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -12 -018 be approved. The motion carried unanimously 9 ayes to 0 nays. 1 1 ......, ...,,,,., ,,,,,,,,,, East 1 I, A-5 , Motion: Council Member Hicks made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC -12 -019 be approved. The motion carried unanimously 9 ayes to 0 nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Hicks made a motion, seconded by Council Member Scarth, that the hearing be closed and that Ordinance No. 20083 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -12 -020 be approved and Ordinance No. 20084 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-12-021 be continued until the April 3, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. XV. REPORT OF THE CITY MANAGER B. General 1. G-17533 - A Ordinance Armrovin2 the City of Fort Worth 2012 Comprehensive Plan. (ALL COUNCIL DISTRICTS) 4"Mill 111171 I=i[Mllnfllr�sir,�i'l,ill��lilli�-IM rornsm CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 20 of 34 Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17534 be approved and Ordinance No. 20086 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. The recommendation was that the City Council authorize the application for federal grant funding under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Program of the American Recovery and Reinvestment Act in the amount of approximately $22,330,000.00 for construction of the White Settlement Bridge Project with a local match in the amount of $18,270,000.00 to be provided by the Tarrant Regional Water District. The recommendation was that the City Council adopt an Ordinance suspending implementation of the rate schedule proposed by Atmos Energy Corporation, Mid -Tex Division, as reflected in the "Statement of Intent to Increase Gas Utility Rates" filed by Atmos Energy Corporation, Mid - Tex Division on January 31, 2012, until the later of June 4, 2012, or the latest date permitted by law, or until the date of effectiveness of a rate order adopted by the City Council; establishing rates to be charged by Atmos Energy Corporation, Mid -Tex Division during the period of suspension; adopting declarations and findings in the preamble hereof, and authorize cooperation with the Atmos Cities Steering Committee to hire and direct legal counsel and consultants, negotiate with Atmos, make recommendations to the City regarding reasonable rates, and direct any administrative proceedings or litigation associated with the Rate Increase filed with the City or with the Railroad Commission. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17536 be approved and Ordinance No. 20087 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G -17537 be approved and Ordinance No. 20088 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. G-17538 - Authorize xec ti the Third Amendment t the Contract The recommendation was that the City Council authorize the execution of the third amendment to the contract for collection of residential garbage, refuse and small bulky waste, recyclables, certain commercial solid waste, yard waste, construction and demolition debris, large brush and large bulky waste with Waste Management, Inc., (City Secretary Contract No. 28358) to provide an incentive program for recycling in the amount of $400,000.00 from the Solid Waste Fund. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G -17538 be approved. The motion carried unanimously 9 ayes to 0 nays. 1111111111 1111111111 1111 !11111;11�� 1111�r� rill i 1 The recommendation was that the City Council authorize the naming of existing soccer fields at Harmon Field Park as the Serapio Herrera Soccer Field Complex. Council Member Hicks provided information regarding Mr. Herrera's accomplishments and service to the community. Council Member Espino expressed appreciation to Council Member Hicks, the Parks and Community Services Department and the Parks and Community Services Advisory Board members for supporting the naming of the soccer fields at Harmon Field Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 22 of 34 Mrs. Herrera, widow of Serapio Herrera, expressed appreciation to the Council Members for supporting this item. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17539 be approved, with appreciation. The motion carried unanimously 9 ayes to 0 nays. ...................... 1�. It was the consensus of the City Council that Mayor and Council Communication No. G -17540 be continued until the March 20, 2012, Council meeting. D. Land 1 w 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 alternatives exist for the subsurface use of Lincolnshire Park as proposed; find that the proposed use includes all reasonable planning to minimize harm to the parkland and that the proposed use will have no impact of the surface of parkland; and close the public hearing and authorize approval of the use of the subsurface of parkland for the drilling and the extraction of natural gas at Lincolnshire Park, located at 1425 Horncastle Street, South and East of Horncastle Street and Eastview Street. 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. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 23 of 34 b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. L -15331 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Jordan. Council Member Jordan stated he had been advised by the City Attorney that he would be able to vote on the next two items as he did not have a conflict of interest. 1 ,w 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 alternatives exist for the subsurface use of Fort Worth Nature Center and Refuge as proposed; find that the proposed use includes all reasonable planning to minimize harm to the parkland and that the proposed use will have no impact of the surface of parkland; and close the public hearing and authorize approval of the use of the subsurface of parkland for the drilling and the extraction of natural gas at Fort Worth Nature Center and Refuge located at 9601 Fossil Ridge Road, west of Williams Springs Road, Eagle Mountain Circle and Clarke Drive, south and west of Ten Mile Bridge Road; south of Wells -Burnett Road; south of the terminus of Lawrence Lake Drive; east of Jacksboro Highway; east of Nine Mile Bridge Road, Buffalo Road and Anchorage Place; east of the terminus of Mahafy Road, Oak Creeks Court, Brady Oaks Court, Strawberry Creek Lane and Lucerne Drive; north of the terminus of Haley Road. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 24 of 34 b. Citizen Presentations Mr. Richard Sheppard, 3216 Preston Hollow Road, appeared before Council in support of Mayor and Council Communication No. L- 15332. C. Council Action Council Member Hicks expressed appreciation to Marty Leonard for the work associated with this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. L -15332 be approved. The motion carried unanimously 9 ayes to 0 nays. 1111111111 11 1 11 11111111111 111 1 q III 1 MUM .,,,,,,,,, 1� 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 alternatives exist for the subsurface use of Marine Creek Lake Park as proposed; find that the proposed use includes all reasonable planning to minimize harm to the parkland and that the proposed use will have no impact of the surface of parkland as specified; and close the public hearing and authorize approval of the use of the subsurface of parkland for the drilling and the extraction of natural gas at Marine Creek Lake Park, located at 4700 Huffines Boulevard, south of Shadydell Drive, Royal Birkdale Drive and New Castleton Court, south and east of Kingsknowe Parkway, north of Catamaran Drive and Jim Wright Freeway and east of Huffines Boulevard. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 25 of 34 C. Council Action Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. L -15333 be approved. The motion carried unanimously 9 ayes to 0 nays. E. Planning & Zoning Burger 1. M&C PZ-2967 - Adopt Ordinance Changing the Name of 'Avenue, I Ao, I 'Reeld Street, (CIO UNCIL, I 1 (PUBLIC The recommendation was that the City Council adopt an Ordinance changing the name of Burger Street from Carol Avenue to Reed Street to "Mount Horum Way ". Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. R t y Sta Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Council Member Moss recognized Reverend Floyd Moody and members of the Mount Horum Missionary Baptist Church who were in attendance and in support of this item. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. PZ -2967 be approved and Ordinance No. 20089 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. A09pt Ordinance C44n -0 Between pg the Name of Malvern Trail Mitchell Boulevard Boulevard 1 ISTRICT 8) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 26 of 34 The recommendation was that the City Council adopt an Ordinance changing the name of Malvern Trail, located between Mitchell Boulevard and Vaughn Boulevard to "Renaissance Square ". Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Scarth, that the public hearing be closed and that Mayor and Council Communication No. PZ -2968 be approved and Ordinance No. 20090 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. �pgj4e..N4me of a Portion of Blue Mound Road to Old Blue Mound Road Due to the Reali2nment of FM 156. 1 (PUBLIC The recommendation was that the City Council adopt an Ordinance changing the name of a portion of Blue Mound Road to "Old Blue Mound Road" due to the realignment of FM 156. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. R t y Sta Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 27 of 34 C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. PZ -2969 be approved and Ordinance No. 20091 -03 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract It was the consensus of the City Council that Mayor and Council Communication No. C -25475 be continued until the March 20, 2012, Council meeting. The recommendation was that the City Council authorize the transfer of $812,178.00 from the Water and Sewer Fund in the amounts of $446,240.00 to the Water Capital Projects Fund and $365,938.00 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $446,240.00, from available funds, for the purpose of entering into a contract with Jet Underground Utilities, Inc., for pavement reconstruction, water and sanitary sewer main replacement for Mecca Street, Schieffer Avenue, McCurdy Street, Belzise Terrace, E. Hattie Street, E. Fairway Drive to N. Wichita Street, E. Devitt Street to New York Avenue, E. Vickery Blvd. to E. Hattie Street, Glen Garden Drive to end of Belzise Terrace, and Mccurdy Street to Sycamore Street (only water line); adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $365,938.00, from available funds, for the purpose of entering into a contract with Jet Underground Utilities, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 28 of 34 (Council Member Burns left the meeting at 10:00 p.m. and did not return.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 29 of 34 The recommendation was that the City Council authorize the execution of Change Order No. 6 in the amount of $2,856,974.00 to City Secretary Contract No. 41332 with Rogers- O'Brien Construction Company, Ltd., to construct East Multi- Purpose Parking Lot Facility adjacent to East Equestrian Facility, add tunnel gates, non -slip ramp surfaces, and structural revisions to the East Equestrian Facility currently under construction at the Will Rogers Memorial Center, Increasing the Contract Amount to $18,300,279.00. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25478 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council authorize execution of a Construction Contract with Standard Parking Corporation d/b /a SP Plus, in the amount of $1,766,535.59 including $78,471.82 in allocation allowance; and authorize Amendment No. 1 to City Secretary Contract No. 42224 for Construction Administration Services in the amount of $46,000.00 with Dunaway Associates, LP, for the landscaping, paving and pedestrian enhancements to serve the Gendy Street Phase II Project at Will Rogers Memorial Center. The following individuals appeared before Council in opposition to Mayor and Council Communication No. C- 25479: Mr. Ken Thorne, 10315 Alta Vista Road Mr. Michael Heimlich, 3210 Joyce Drive Council Member Shingleton expressed concerns over the selection criteria and the bid process and requested staff clarification. Mr. Glenn Balog, Facilities Manager, Transportation and Public Works Department, provided an overview of the bid selection criteria and the process. Council Member Shingleton advised he still had real concerns about how this bid was handled and stated he would make a motion to reject all bids and rebid the project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 30 of 34 Mayor Pro tem Zimmerman and Council Members Scarth and Jordan all expressed concern over the selection process with the bid process and stated the policy should be consistent and not subjective. They suggested this item be continued rather than rejected due to time constraints. They also requested a staff report at a future Pre - Council meeting regarding the bid selection process. Various City staff provided subsequent information regarding the project timeline and potential consequences of rebidding the project. Council Member Shingleton advised he would withdraw his motion to reject all bids and rebid the project. Motion: Council Member Scarth made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -25479 be continued until the March 20, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council authorize an application for and accept a grant, if awarded, from the Federal Aviation Administration in the amount of $1,200,000.00 to design and construct airfield perimeter fence rehabilitation and closed circuit television security improvements, automated surface observing system relocation, airport rescue and firefighting tower emergency telephone, pavement joint rehabilitation on runways, taxiways and aprons, and conduct a wildlife hazard assessment for Fort Worth Alliance Airport; authorize the use of land credits in the amount of $63,157.89 for the City's in -kind local match of five percent of the project cost; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Airports Grant Fund in the amount of $1,263,157.89, subject to receipt of the grant. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25480 be approved and Appropriation Ordinance No. 20098 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 31 of 34 The recommendation was that the City Council authorize acceptance of a grant from the Federal Aviation Administration in the amount of $1,672,000.00 for the acquisition of avigation easements in accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport accepted by the Federal Aviation Administration on December 6, 2010; authorize use of land credits in the amount up to $88,000.00 for the City of Fort Worth's in -kind local match of five percent of the project cost; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Airports Grant Fund in the amount of $1,760,000.00, subject to receipt of the grant. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25481 be approved and Appropriation Ordinance No. 20099 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council authorize acceptance of a grant from the Federal Aviation Administration in the amount of $3,120,786.10 for the acquisition of land in accordance with the Part 150 Noise Mitigation Plan for Fort Worth Alliance Airport accepted by the Federal Aviation Administration on December 6, 2010; authorize use of land credits in the amount up to $164,251.90 for the City of Fort Worth's in -kind local match of five percent of the project cost; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Airports Grant Fund in the amount of $3,285,038.00, subject to receipt of the grant. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25482 be approved and Appropriation Ordinance No. 20100 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 32 of 34 Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C-25484 be approved accepting title to all assets from the Fort Worth Air and Space Museum Foundation and cancelling City Secretary Contract No. 41669. The motion carried unanimously 7 ayes to 0 nays, with I abstention by Mayor Pro tem Zimmerman and Council Member Burns absent. 11. M&C C-25485 - Authorize Execution of a Contract with Gra-Tex U#Iiq"jPc�jn the Amount of $1,107,452.00 for Water and Sanitary Sewer RepLacements Contract 20 WSM-N on AcaDulco Road, Greendale Court, Not �pg . ................... 99�1 .................................. I ................................................................... I 44M Boulevard, Portman Avenue and Vanessa Drive and Adopt Appropriation Ordinances. (COUNCIL DISTRICT Q CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 33 of 34 The recommendation was that the City Council authorize the transfer of $1,215,952.00 from the Water and Sewer Operating Fund in the amounts of $624,175.00 to the Water Capital Projects Fund and $591,777.00 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $624,175.00, from available funds, for the purpose of funding water and sanitary sewer replacements on Acapulco Road, from Hitson Lane to Escalante Drive; Greendale Court, from Brentwood Stair Road to the cul -de -sac; Nottingham Drive, from Ellis Road to Martha Lane; Portman Avenue, from Friarford Road to Patino Road; and Vanessa Drive, from Sandy Lane to Calmar Road; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $591,777.00, from available funds; and authorize execution of a contract with Gra -Tex Utilities, Inc., in the amount of $1,107,452.00, for Water and Sanitary Sewer Replacements Contract 2009, WSM -N. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25485 be approved and Appropriation Ordinance Nos. 20102 -03 -2012 and 20103 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. lilippill I' 111111p 11��i Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. R t y Sta Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There was no one present desiring to be heard in connection with the public hearing C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2012 Page 34 of 34 XVII. CITIZEN PRESENTATIONS Mr. Dennis Meals, 4066 Clarke Avenue, appeared before Council relative to the proposed closing of Z Boaz Golf Course. He stated that he wished for the golf course to remain open and pointed out there were ways to use the property as both park land and as a golf course. He also voiced his concern about the proposed dusk until dawn park hours and stated those hours would likely increase criminal activity in the proposed fenced park. The following individuals appeared before Council relative to the Chuck Silcox Animal Shelter and stated that the animals were not kept in a clean or safe environment. They stated that the staff working in the shelter were unfriendly and did not care about the animals. They encouraged the City to become a "no kill community": Mr. Tom Wilson, 1408 Virginia Place Ms. Suzette Watkins, 1801 Boman Avenue (provided handouts) Ms. Maryellen Maurer, 1408 Virginia Place, completed a citizen presentation card regarding the Chuck Silcox Animal Shelter and was recognized by Mayor Price, but did not wish to address the Council. XVIII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 10:43 p.m. These minutes approved by the Fort Worth City Council on the 20t" day of March, 2012. Attest: ary J. s r , City Secf& y Approved: Betsy is Mayor