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HomeMy WebLinkAbout2011/04/05-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:04 p.m., on Tuesday, April 5, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Pastor Mike Masters ®n Saint Matthews Lutheran Church The invocation was provided by Pastor Mike Masterson, Saint Matthews Lutheran Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. c 1 c AS c Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that the minutes of the called special meeting of February 15, 2011, and the regular meeting of March 22, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 2 of 33 1 I, 1 [, Interim City Manager Higgins requested that Mayor and Council Communication Nos. G- 17252, C- 24813 and C -24814 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF Interim City Manager Higgins requested that Mayor and Council Communication Nos. G -17140 be withdrawn from consideration and replaced with G -17140 (Revised), G -17236 be withdrawn from consideration and replaced with G -17236 (Revised) and G -17252 be continued until the April 12, 2011 Council Meeting. VII. CONSENT AGENDA Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17251 - Adopt Ordinances Correcting Ordinance Nos. 14859, 16662, 16894, 17589, 17699, 18339, 18365, 18390, 18763 and 18785, in Order to Correct Zoning Information, Addresses and Legal Descriptions from Previously Approved Zoning Cases. The City Council approved the following recommendation: Adopt Ordinances Correcting Ordinance Nos. 14859, 16662, 16894, 17589, 17699, 18339, 18365, 18390, 18763 and 18785, in Order to Correct Zoning Information, Addresses and Legal Descriptions From Previously Approved Zoning Cases as Follows: Adopt Ordinance No. 19616 -04 -2011 Amending Ordinance No. 14859 to Reflect the Correct Zoning Information for Zoning Case ZC -0 1 -017 for Property Located at Lake Arlington, 4801 E. loop 820 S. From "B" Two - Family to "A -10" One - Family; 19617 -04 -2011 Amending Ordinance No. 16662 to Reflect the Correct Metes and Bounds Information, for Zoning Case ZC- 04 -148R for Property Located at 9000 Block of Park Drive; 19618 -04 -2011 Amending Ordinance No. 16894 to Reflect the Correct Zoning Information for Zoning Case ZC -06 -017 for Property Located at 8000 and 8080 Cleburne Road From "AG" Agricultural to "PD /SU" Planned Development/Specific Use for All Uses in "E" Neighborhood Commercial Excluding the Following: Gasoline Sales, Package or Liquor Store, Auto Parts Store With Accessories, Check Cashing Store, Pawn Shop, Massage or Tattoo Parlor, Discount Tobacco Store. A Six (6) Foot Masonry Wall That Would be Constructed on /or Adjacent to the Common Property Line With the Residential Properties, and a Twenty (20) Foot Setback Adjacent to the Property Line and With the Stub Out on Marquerite Lane; Site Plan Waived; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 3 of 33 (VII. CONSENT AGENDA Continued) (G -17251 Continued) 19619 -04 -2011 Amending Ordinance No. 17589 to Reflect the Correct Lot and Block Information for Zoning Cases ZC -07 -010 for Property Located at 2800 Sandage Avenue and ZC -07 -086 for Properties Located East of South Freeway, West of Cobb Park, South of Jessamine and North of Berry Street; 19620 -04 -2011 Amending Ordinance No. 17699 to Reflect the Correct Address, Lot, Block and Historic Designation Information for Zoning Case ZC -07 -111 for Properties Located at 939, 1033, 1600 and 1622 E. Leuda; 936, 940 and 1208 E. Hattie; and 915, 923, 1012, 1110 and 1120 E. Cannon; 19621 -04 -2011 Amending Ordinance No. 18339 to Remove Lot and Block Information for Zoning Case ZC -08 -147 for Properties Located at 3107 and 3109 North Main Street; 19622 -04 -2011 Amending Ordinance No. 18365 to Reflect the Correct Zoning Information for Zoning Case ZC -08 -167 for Properties Located North of East Rosedale Street, East of US Highway 287 and West of Beach Street From "A -5" One - Family and "E" Neighborhood Commercial to "E" Neighborhood Commercial; 19623 -04 -2011 Amending Ordinance No. 18390 to Reflect the Correct Metes and Bounds Information for Zoning Case ZC -08 -183 for Property Located at the 9900 Block Crowley Road; 19624 -04 -2011 Amending Ordinance No. 18763 to Reflect the Correct Zoning Case Information for Zoning Case ZC -09 -072 for Property Located at 9601 Southwest Drive From "J" Medium Industrial to "PD/K" Planned Development for All Uses in "K" Heavy Industrial Plus Concrete Crushing and Recycling, Site Plan Approved; and 19625 -04 -2011 Amending Ordinance No. 18785 to Reflect the Correct Zoning Information for Zoning Case ZC -09 -062 for Properties Located at the 4100 Block of Golden Triangle, 2766 Keller Hicks and 10912 Old Denton From "A -5" One - Family, "C" Medium Density Multi- Family and "E" Neighborhood Commercial to "CF" Community Facilities. 3. M &C G -17253 - Adopt Ordinance Repealing Section 10 -1 of the City Code, "Municipal Courts Established" and Adopting a New Section 10 -1 to Increase the Number of Courts to Nine and Provide for Additional Jurisdiction. The City Council approved the following recommendation: Adopt Ordinance No. 19626 -04 -2011 Repealing Section 10 -1, "Municipal Courts Established," of the Code of the City of Fort Worth, Texas, and Adopting in its Place a New Section 10 -1, "Municipal Court of Record Established; Divisions; Jurisdiction "; to Increase the Number of Courts to Nine (9) and to Provide Municipal Courts with Additional Jurisdiction in Accordance With State Law. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 4 of 33 (VII. CONSENT AGENDA Continued) (G -17253 Continued) Mr. Clyde Picht, 5016 Monarda Way, completed a speaker card in opposition to Mayor and Council Communication No. G- 17253; however, the card was submitted after approval of the Consent Agenda and he therefore did not address the Council. 4. M &C G -17254 - Authorize an Engineering Services Agreement in the Amount of $82,147.00 with Garver, LLC, for the Design, Bidding and Construction Phase Services for 51S Apron and Taxilane Improvements at Fort Worth Meacham International Airport, Authorize Project Management, Administration and Related Expenses in the Amount of $10,000.00 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement With Garver, LLC, in the Amount of $82,147.00, for the Design, Bidding and Construction Phase Services of 51S Apron and Taxilane Improvements at Fort Worth Meacham International Airport and Authorize $10,000.00 for Associated Project Management, Administration and Related Expenses; Authorize the Use of Revenue Derived from Mineral Leases on City -Owned Airports in the Amount of $92,147.00 for the Agreement; and Adopt Appropriation Ordinance No. 19627 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund From Available Funds for the Purpose of Funding the Improvements. B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11217 - Authorize a Purchase Agreement with COWTOWN PROCESSING & DISPOSAL, INC., d /b /a COLD SPRINGS PROCESSING & DISPOSAL, for Waste Disposal Services for the Water Department for an Initial Annual Amount of $100,000.00. The City Council approved the following recommendation: Authorize a Purchase Agreement with COWTOWN PROCESSING & DISPOSAL, INC., d /b /a COLD SPRINGS PROCESSING & DISPOSAL, for Waste Disposal Services for the Water Department for an Initial Annual Amount of $100,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 5 of 33 (VII. CONSENT AGENDA Continued) 2. M &C P -11218 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $449,964.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount and Authorize the Purchase and Installation of Operable Partitions from Chas. F. Williams Co., Inc., for the Public Events Department in the Amount of $449,964.00. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19628 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $449,964.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount, for the Purchase and Installation of Operable Partitions at Will Rogers Memorial Center; and Authorize the Purchase and Installation from Chas. F. William. 3. M &C P -11219 - Authorize a Sole- Source Purchase of Trimble Global Navigation Satellite Systems and Accessories from North American Western Data Systems, Inc., for the Transportation and Public Works Department for a Total Amount of $68,322.00. The City Council approved the following recommendation: Authorize a Sole- Source Purchase of Trimble Global Navigation Satellite Systems and Accessories from North American Western Data Systems, Inc., for the Transportation and Public Works Department for a Total Amount of $68,322.00. C. Land - Consent Items 1. M &C L -15162 - Authorize the Acquisition of a Fee Simple Interest in 2.330 Acres of Land Containing Both Vacant and Improved Lots Located at 1224, 1232 and 1236 East Butler Street from Porfirio and Martha Castillo - Monreal for the Butler - McClure Drainage Improvement Project for a Total of $65,000.00 and Pay the Estimated Closing Costs of $5,000.00. The City Council approved the following recommendation: Authorize the Acquisition of a Simple Interest in 2.330 Acres of Land Containing Both Vacant and Improved Lots Located at 1224, 1232 and 1236 East Butler Street, Described as Lots 6 Thru 12, Block 24, Weisenberger Sunny Hill Garden Addition, Fort Worth, Texas, From Porfirio and Martha Castillo - Monreal for the Butler - McClure Drainage Improvement Project; Find That the Total Price of $65,000.00 is Just Compensation for the Purchase; and Authorize the City Manager or His Designee to Accept the Conveyance, Record the Appropriate Instruments and to Pay Closing Costs Up to $5,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 6 of 33 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -24806 - Authorize an Amendment to the Existing Contract for Staffing Services with Robert Half International, Inc., through its Division Robert Half Management Resources Company for the Office of City Auditor in the Amount of $132,000.00 for Supplemental Audit Staff for the Office of City Auditor. The City Council approved the following recommendation: Authorize the City Manager to Execute an Amendment to the Existing Professional Services Agreement for Audit Staffing with Robert Half International, Inc., Through its Division Robert Half Management Resources Company in the Amount of $132,000.00 for Supplemental Audit Staff for the Office of City Auditor. 2. M &C C -24807 - Authorize Non - Exclusive Lease Agreement with the Eagle Mountain - Saginaw Independent School District to Accommodate the Installation of Community Facilities Required by the Construction of a New High School. The City Council approved the following recommendation: Authorize the City Manager to Enter Into a Non - Exclusive Lease Agreement with Eagle Mountain - Saginaw Independent School District for a Portion of Marine Creek Parkway and N.W. College Drive Adjacent to Eagle Mountain - Saginaw Independent School District Property to Accommodate the Installation of Community Facilities Required by the Construction of a New Eagle Mountain - Saginaw Independent School District High School. 3. M &C C -24808 - Authorize Execution of a Contract in the Amount of $285,980.00 with C. Green Scaping, LP, for Brick Pavement Repair 2011 -2012 for Camp Bowie Boulevard and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $285,980.00 From the Contract Street Maintenance Fund to the General Fund; Adopt Appropriation Ordinance No. 19629 -04 -2011 Increasing the Estimated Receipts and Appropriations in the General Fund in the Amount of $285,980.00, From Available Funds, for the Purpose of Funding Brick Pavement Repair 2011 -12 for Camp Bowie Boulevard; and Authorize the City Manager to Execute a Contract with C. Green Scaping, LP, for 150 Calendar Days for the Repairs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 7 of 33 (VII. CONSENT AGENDA Continued) 4. M &C C -24809 - Authorize Execution of a Contract with CPS Civil, LLC, in the Amount of $260,043.00 for the Construction of Miscellaneous Storm Drain Contract B Phase 2 Project. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract with CPS Civil, LLC, in the Amount of $260,043.00 for Construction of the Miscellaneous Storm Drain Contract B Phase 2 Project. 5. M &C C -24810 - Authorize Execution of an Engineering Agreement in the Amount of $307,226.00 with Shield Engineering Group, PLLC, for the Lake Crest Drainage Improvements Project. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Agreement With Shield Engineering Group, PLLC, in the Amount of $307,226.00 for the Design of the Lake Crest Drainage Improvements. 6. M &C C -24811 - Authorize Execution of Contract with Edko, LLC, Not to Exceed $75,000.00 for the 2011 Herbicide Treatment Program. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract with Edko, LLC, for the 2011 Herbicide Treatment Program in an Amount Not to Exceed $75,000.00. 7. M &C C -24812 - Authorize Execution of Change Order No. 1 in the Amount of $248,919.25 to City Secretary Contract No. 40675 with Austin Bridge & Road, L.P., for Hot Mix Asphaltic Concrete Surface Overlay 2010 -2 at Various Locations and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $124,459.66 From the Water and Sewer Fund to the Water Capital Projects Fund in the Amount of $74,675.74 and to the Sewer Capital Projects Fund in the Amount of $49,783.92; Adopt Appropriation Ordinance No. 19630 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Hot Mix Asphaltic Concrete Surface Overlay 2010 -2 at Various Locations; and Authorize the City Manager to Execute Change Order No. 1 in the Amount of $248,919.25 to City Secretary Contract No. 40675 with Austin Bridge & Road, L.P., to Cover Quantity Over Runs for the Addition of Several Streets Increasing the Total Contract Amount to $1,493,519.25. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 8 of 33 (VII. CONSENT AGENDA Continued) 10. M &C C -24815 - Authorize an Interlocal Agreement with Tarrant County in an Amount Not to Exceed $158,000.00 for a Construction Project for the Extension of Ray White Road to Fill the Gap from North Beach Street to Crawford Farms Subdivision. The City Council approved the following recommendation: Authorize an Interlocal Agreement With Tarrant County in an Amount Not to Exceed $158,000.00 for a Construction Project for the Extension of Ray White Road to Fill the Gap From North Beach Street to Crawford Farms Subdivision. 11. M &C C -24816 - Authorize Execution of an Engineering Services Agreement in the Amount of $188,800.00 with Kimley -Horn and Associates, Inc., for Signal Warrant Studies, Design and Timing Services at Ten Intersections on State Highway 183 from State Highway 199 to Riverside Drive. The City Council approved the following recommendation: Authorize the City Manager to Execute an Engineering Services Agreement in the Amount of $188,800.00 With Kimley -Horn and Associates, Inc., for Signal Warrant Studies, Design and Timing Services at Ten (10) Intersections on State Highway 183 From State Highway 199 to Riverside Drive. 12. M &C C -24817 - Adopt Supplemental Appropriation Ordinance in the Culture and Tourism Fund in the Amount of $322,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount and Authorize Execution of a Work Order in the Amount of $285,207.36 with Yeargan Construction Company -The Mark IV Construction Group to Upgrade the Cooling Tower at the Will Rogers Memorial Center. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19631 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $322,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount, for the Purpose of Upgrading the Cooling Tower at the Will Rogers Memorial Center; and Authorize the Execution of a Work Order in the Amount of $285,207.36 Plus $36,792.64 Contingency and Staff Costs With Job Order Contractor, Yeargan Construction Company —The Mark IV Construction Group. 13. M &C C -24818 - Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $113,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount and Authorize the Execution of an Engineering Agreement in the Amount of $96,000.00 with Dunaway Associates, LP, for the Design and Construction Administration Services for the Recreational Vehicle Lot at the Will Rogers Memorial Center. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 9 of 33 (VII. CONSENT AGENDA Continued) (C -24818 Continued) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19632 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $113,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for the Design and Construction Administration Services for the Recreational Vehicle Lot at the Will Rogers Memorial Center; and Authorize the Execution of an Engineering Agreement in the Amount of $96,000.00 Plus $17,000.00 for Contingency, Texas Department of Licensing and Regulation and Staff With Dunaway Associates, LP. 14. M &C C -24819 - Authorize Execution of Amendment No. 4 to City Secretary Contract No. 40440 in the Amount of $13,504.38 with AECOM Technical Services, Inc., to Include Electrical Design, Civil Design and Materials Testing for the Phase Seven Airfield Pavement Rehabilitation, Runway Guard Light Rehabilitation and Precision Approach Path Indicator Rehabilitation at Fort Worth Alliance Airport. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 4 to City Secretary Contract No. 40440 in the Amount of $13,504.38 with AECOM Technical Services, Inc., to Include Electrical Design, Civil Design and Materials Testing for the Phase Seven (7) Airfield Pavement Rehabilitation, Runway Guard Light Rehabilitation and Precision Approach Path Indicator Rehabilitation at Fort Worth Alliance Airport. 15. M &C C -24820 - Authorize Execution of an Engineering Agreement in the Amount of $115,576.00 with M.J. Thomas Engineering, LLC, for Water and Sanitary Sewer Replacement Contract 2009, STM -M on Covert Avenue, Lubbock Avenue, Sappington Place and Waverly Way and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $131,576.00 From the Water and Sewer Fund, $94,157.00 to the Water Capital Projects Fund and $37,419.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19633 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2009, STM -M; and Authorize the City Manager to Execute a Contract in the Amount of $115,576.00 with M.J. Thomas Engineering, LLC, on Covert Avenue, Lubbock Avenue, Sappington Place and Waverly Way. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 10 of 33 (VII. CONSENT AGENDA Continued) 16. M &C C -24821 - Authorize Execution of an Engineering Agreement in the Amount of $240,000.00 with Teague Nall and Perkins, Inc., for Water and Sanitary Sewer Replacement Contract 2009, WSM -L on Fairway Drive, Sarah Jane Lane, Rodeo Street, Alcannon Street, Dublin Drive, Conlin Drive and Decory Road and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $258,000.00 From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $121,520.00 and Sewer Capital Projects Fund in the Amount of $136,480.00; Adopt Appropriation Ordinance No. 19634 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund From Available Funds, for the Purpose of Funding Water and Sanitary Sewer Replacement Contract 2009, WSM -L; and Authorize the City Manager to Execute a Contract in the Amount of $240,000.00 With Teague Nall and Perkins, Inc., on Fairway Drive, Sarah Jane Lane, Rodeo Street, Alcannon Street, Dublin Drive, Conlin Drive and Decory Road. 17. M &C C -24822 - Authorize Execution of Change Order No. 4 in the Amount of $82,930.00 to City Secretary Contract No. 39118 with Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation, Contract LXVI, on Washburn Street and Harley Avenue. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 4 in the Amount of $82,930.00 to City Secretary Contract No. 39118 With Burnsco Construction, Inc., for Sanitary Sewer Rehabilitation, Contract LXVI, on Washburn Street and Harley Avenue, Thereby Increasing the Contract Amount to $1,350,110.00. 18. M &C C -24823 - Authorize Execution of an Engineering Agreement in the Amount of $101,398.00 with STV Incorporated for Water and Sanitary Sewer Replacement Contract, 2010 STM -D on Cardiff Avenue, Tasman Street, Topper Street, Wallingford Drive and Walraven Circle and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $101,398.00 With STV Incorporated for Water and Sanitary Sewer Replacement Contract 2010 STM -D, on Cardiff Avenue, Tasman Street, Topper Street, Wallingford Drive and Walraven Circle; Authorize the Transfer of $115,398.00 From the Water and Sewer Operating Fund to the Water Capital Projects Fund in the Amount of $60,949.50 and to the Sewer Capital Projects Fund in the Amount of $54,448.50; and Adopt Appropriation Ordinance No. 19635- 04 -2011 Increasing the Estimated Receipts and Appropriations in the Water Capital Projects Fund and in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding the Contract. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 11 of 33 (VII. CONSENT AGENDA Continued) 19. M &C C -24824 - Authorize Execution of Change Order No. 1 in the Amount of $32,345.00 to City Secretary Contract No. 40332 with Conatser Construction TX, LP, for Water and Sanitary Sewer Relocations for State Highway 121T Parts 6, 14 and 16 on Vickery Boulevard. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 1 in the Amount of $32,345.00 to City Secretary Contract No. 40332 With Conatser Construction TX, LP, for Water and Sanitary Sewer Relocations for State Highway 121T Parts 6, 14 and 16 on Vickery Boulevard, Thereby Increasing the Contract Amount to $1,782,068.50. 20. M &C C -24825 - Authorize Execution of Change Order No. 3 in the Amount of $109,759.00 to City Secretary Contract No. 38247 with LP Sundance Construction, Inc., for East Seventh Street Deep Tunnel Sanitary Sewer, Part 1. The City Council approved the following recommendation: Authorize the City Manager to Execute Change Order No. 3 in the Amount of $109,759.00 to City Secretary Contract No. 38247 With LP Sundance Construction, Inc., for East Seventh Street Deep Tunnel Sanitary Sewer, Part 1, for Additional Pay Item Quantities Thereby Increasing the Contract Amount to $2,756,874.25. 21. M &C C -24826 - Authorize Execution of an Engineering Agreement in the Amount of $201,096.00 with Kimley -Horn and Associates, Inc., for Medical District Part 8 -Water Distribution System Improvements on Bradner Street, Broadway Street, Henderson Street, Magnolia Avenue, St. Louis Avenue, South Main Street and Park Place Avenue for the JPS Health Network, The Dannon Company and Park Place. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $201,096.00 With Kimley -Horn and Associates, Inc., for Medical District Part 8 -Water Distribution System Improvements on Bradner Street, Broadway Street, Henderson Street, Magnolia Avenue, St. Louis Avenue, South Main Street and Park Place Avenue for the JPS Health Network, the Dannon Company and Park Place. 22. M &C C -24827 - Approve Amended Community Facilities Agreement, City Contract No. 41224, with Matyastik & Phillips Investments LLC and Authorize City Participation in the Amount of $18,742.11 for Construction of an Eight -Inch Water Main to Serve Matyastik Addition No. 2 a Development Located in Fort Worth Extraterritorial Jurisdiction. The City Council approved the following recommendation: Authorize the City Manager to Amend the Community Facilities Agreement With Matyastik & Phillips Investments, LLC, and Authorize City Participation in the Amount of $18,742.11 for the Construction of the Eight (8) Inch Water Main to Serve Matyastik Addition No. 2, a Development Located in Fort Worth Extraterritorial Jurisdiction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 12 of 33 (VII. CONSENT AGENDA Continued) 23. M &C C -24828 - Authorize Execution of Amendment No. 1 in the Amount of $146,938.00 to City Secretary Contract No. 39779 with Freese & Nichols, Inc., for the North and South Holly Water Treatment Plant Ozone Upgrade Project Construction Management. The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 1 in the Amount of $146,938.00 to City Secretary Contract No. 39779 With Freese & Nichols, Inc., for the Construction Management of the North and South Holly Water Treatment Plant Ozone Upgrade Project, Thereby Increasing the Amount of the Contract From $1,894,760.00 to $2,041,698.00. 24. M &C C -24829 - Authorize Payment to Oracle America Inc., in an Amount Not to Exceed $75,979.61 for Incremental Licensing and Program Support Fees for the PeopleSoft Customer Relationship Management System Used by the Water Department. The City Council approved the following recommendation: Authorize Payment to Oracle America Inc., in an Amount Not to Exceed $75,979.61 for Incremental Licensing and Program Support Fees for the Peoplesoft Customer Relationship Management System Used by the Water Department. 25. M &C C -24830 - Authorize Execution of an Engineering Agreement in the Amount of $91,505.00 with Schrickel, Rollins and Associates, Inc., for Sanitary Sewer Rehabilitation Contract LXXVII on Bryan Avenue and New York Avenue and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $105,505.00 From the Sewer Operating Fund to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19636 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, From Available Funds, for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LXXVII (77) on Bryan Avenue and New York Avenue; and Authorize the City Manager to Execute an Engineering Agreement in the Amount of $91,505.00 With Schrickel, Rollins and Associates, Inc., for the Contract. 26. M &C C -24831 - Authorize Execution of an Engineering Agreement in the Amount of $197,608.00 with Baird, Hampton & Brown, Inc., for Sanitary Sewer Replacement Contract 82 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Execute a Contract in the Amount of $197,608.00 With Baird, Hampton & Brown, Inc., for Sanitary Sewer Rehabilitation Contract 82; Authorize the Transfer of $212,608.00 From the Water and Sewer Fund to the Sewer Capital Projects Fund; and Adopt Appropriation Ordinance No. 19637 -04 -2011 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund, From Available Funds for the Purpose of Funding the Contract. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 13 of 33 (VII. CONSENT AGENDA Continued) 27. M &C C -24832 - Authorize Execution of an Engineering Agreement in the Amount of $175,435.00 with ARS Engineers Inc., for Sanitary Sewer Replacement Contract 85 on 29th Street, 25th Street, Houston Street and Loving Avenue and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Transfer of $194,435.00 From the Water and Sewer Fund to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 19638 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Sewer Capital Projects Fund From Available Funds for the Purpose of Funding the Contract; and Authorize the City Manager to Execute a Contract in the Amount of $175,435.00 With ARS Engineers Inc., for Sanitary Sewer Rehabilitation Contract 85 on 29th Street, 25th Street, Houston Street and Loving Avenue. 28. M &C C -24833 - Authorize Execution of a Community Facilities Agreement with Texas Christian University with City Participation in the Amount of $854,566.77 for Construction of 16 -Inch Water Main and Eight -Inch Sewer Main Relocation in Stadium Drive to Serve Texas Christian University Amon G. Carter Stadium. The City Council approved the following recommendation: Authorize the City Manager to Execute a Community Facilities Agreement With Texas Christian University for the Installation of 16 -Inch Water Main and Eight (8) Inch Sewer Main Relocation in Stadium Drive to Serve Texas Christian University Amon G. Carter Stadium, a Development Located in Fort Worth, With the City Participating in the Costs in the Amount of $854,566.77. 29. M &C C -24834 - Authorize Execution of a Community Facilities Agreement with City Participation in the Amount of $570,336.00 with Wilbow - Skyline Development Corporation, Inc., for Construction of 30 -Inch Sewer Interceptor to Serve Walnut Creek, Phase IV and Eight - Inch Water and Sewer Mains to Serve Skyline Ranch, Phase III. The City Council approved the following recommendation: Authorize the City Manager to Execute a Community Facilities Agreement With Wilbow - Skyline Development Corporation, Inc., for the Installation of a 30 -Inch Sewer Interceptor to Serve Walnut Creek, Phase IV and Eight (8) Inch Water and Sewer Mains to Serve Skyline Ranch, Phase III With City Participation in the Amount of $570,336.00. 30. M &C C -24835 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 40759, a Community Facilities Agreement with Carlyle /Cypress Retail I, L.P., to Add City Participation in the Amount of $27,846.00 for Repair of an Eight -Inch Sewer Main to Serve West 7th Southeast Block, a Development Located in Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 14 of 33 (VII. CONSENT AGENDA Continued) (C -24835 Continued) The City Council approved the following recommendation: Authorize the City Manager to Execute Amendment No. 1 to City Secretary Contract No. 40759, a Community Facilities Agreement With Carlyle /Cypress Retail I, L.P., to Add City Participation in the Amount of $27,846.00 for the Repair of an Eight (8) Inch Sewer Main to Serve West 7th Southeast Block, a Development Located in Fort Worth. 31. M &C C -24836 - Authorize Application for and Acceptance, if Awarded, a Grant from the Texas Department of Agriculture in an Amount Up to $600,500.00 for the 2011 Summer Food Service Program, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the City Manager to Apply for and Accept, if Awarded, a Grant From the Texas Department of Agriculture in an Amount Up to $600,500.00 for the 2011 Summer Food Service Program; Apply an Indirect Cost Rate of 19.18 Percent, Which is the Most Recently Approved Rate for the Department and Apply the Newly Approved Indirect Rate When Available; and Adopt Appropriation Ordinance No. 19639 -04 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of the Grant. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1807 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. A. General — (Removed from Consent for Individual Consideration) 2. M &C G -17252 - Authorize the City Manager to Submit to the Crime Control and Prevention District Board an Amendment to the Fiscal Year 2011 Crime Control and Prevention District Budget Increasing the Appropriations in the Amount of $350,000.00 for Design Services for the Police Air Support Hangar at Meacham International Airport. It was the consensus of the City Council that Mayor and Council Communication No. G -17252 be continued until the April 12, 2011, Council meeting. Mr. Clyde Picht, 5016 Monarda Way, completed a speaker card in opposition to Mayor and Council Communication No. G- 17252, but did not address the Council. Mayor Moncrief advised Mr. Picht that Mayor and Council Communication No. G -17252 had already been considered under Item V. Items to be Withdrawn from the Consent Agenda and was continued to the April 12, 2011, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 15 of 33 E. Award of Contract — (Removed from Consent for Individual Consideration) 8. M &C C -24813 - Rescind M &C C -24308 and Authorize an Interlocal Agreement with Tarrant County for the Rehabilitation of Avondale Haslet Road from the Railroad Tracks East of Highway 287 to 700 Feet East of Sendera Ranch Boulevard with City Participation in the Amount of $178,107.81. The recommendation was that the City Council Rescind Mayor and Council Communication C -24308 Approved on July 13, 2010; and Authorize the City Manager to Execute an Interlocal Agreement with Tarrant County for the Reconstruction and Widening of Avondale Haslet Road From the Railroad Tracks East of Highway 287 to 700 Feet East of Sendera Ranch Boulevard With City Participation in the Amount of $178,107.81 for Materials and Necessary Traffic Controls During Construction. Council Members Burdette and Espino advised that this item brought much needed rehabilitation to Avondale Haslet Road. They stated that the rehabilitation would make the road safer and more usable. They expressed appreciation to the Transportation and Public Works Department staff and to the Tarrant County Traffic Department staff for their assistance on this project. They stated this area was the fastest growing area of the City and pointed out that this was another example of how the City partnered with Tarrant County to address issues such as roads. Council Member Espino also expressed appreciation to Council Member Burdette for his hard work and assistance on this project. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24813 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 9. M &C C -24814 - Authorize an Interlocal Agreement with Tarrant County for the Rehabilitation of W. J. Boaz Road from Old Decatur Road to Boat Club Road with City Participation in the Amount of $226,570.00. The recommendation was that the City Council Authorize the City Manager to Execute an Interlocal Agreement With Tarrant County for the Rehabilitation of W. J. Boaz Road From Old Decatur Road to Boat Club Road With City Participation in the Amount of $226,570.00 for Materials and Necessary Traffic Controls and Other Incidentals During Construction. Council Member Burdette advised that this item brought much needed rehabilitation to W.J. Boaz Road. He stated that the rehabilitation would make this heavily traveled road safer and more usable. He expressed appreciation to the Transportation and Public Works Department staff and to the Tarrant County Traffic Department staff for their assistance on this project. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24814 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 16 of 33 IX. SPECIAL PRESENTATIONS, , 1. Presentation of Proclamation for Texas Motor Speedwal Race We e Mayor Moncrief presented a Proclamation for Texas Motor Speedway Race Week to Mr. Eddie Gossage, President, Texas Motor Speedway. He stated that since opening in 1997, Texas Motor Speedway had generated more than $2 billion in financial opportunity for area businesses and workers. He stated that the NASCAR Sprint Cup races at Texas Motor Speedway were the largest- attended, single -day sporting events in the State of Texas annually and had an extraordinary economic impact on Fort Worth and the immediate surrounding area. He pointed out that each NASCAR race weekend generated approximately $75 million in economic benefit regionally and attracted approximately 350,000 to 400,000 fans, comparable to the seventh - largest city in the State of Texas. He added that this year as a special part of race week, Friday, April 8, 2011, was proclaimed as "Go Green Day" in honor of the races. Mr. Gossage expressed appreciation to the Mayor and Council Members for the Proclamation and stated that Fox 4 Sports would be broadcasting the Samsung 500 nationally on Saturday, April 9, 2011. He stated that NASCAR races were broadcast in 170 countries and in 16 languages around the world. He introduced native Texan Mr. David Starr, SS Green Light Racing team, and Ms. Paige Duke, Miss Sprint Cup, who also attended the meeting. He further stated that Mr. Starr and Miss Duke would assist him at the Fort Worth Water Gardens as they commemorated the start of race season by dyeing the water in the aerated water garden green. 2. Presentation of Proclamation for United States Navy Week Council Member Burdette presented a Proclamation for United States Navy Week to Rear Admiral Richard C. Vinci, Deputy Chief of Staff for Logistics, Bureau of Medicine and Surgery, United States Navy. He stated that the United States Navy was a global force for good which served as America's away team, meeting threats and providing assistance whenever needed which included the hundreds of men and women serving aboard or supporting PCU Fort Worth (LCS -3), the namesake littoral combat ship that represented this great city. He further stated that the United States Navy shared the City's goal reducing energy consumption and the City was honored to have the opportunity to host the world's finest Navy as they came to Fort Worth in conjunction with the Joint Reserve Base/Naval Air Station (NAS Fort Worth JRB) and Fort Worth Air Power Expo. He pointed out that Navy Week featured engagements with corporations, civic government and education community service organizations. He added that Navy Week would give Fort Worth area residents the opportunity to meet some of the country's finest sailors as well as learn about the Navy's critical mission and its broad ranging capabilities in executing the maritime strategy on the water, under the water, and over the water. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 17 of 33 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. - #2 Continued) Rear Admiral Vinci expressed appreciation to the Mayor and Council Members for the Proclamation. He provided facts about the history of the Navy and statistics relative to Texans in the Navy. He invited everyone to attend the Fort Worth Air Power Expo April 16 through 17, 2011, which showcased America's aviation with aerial performances and flight demonstrations from the very best in the business, at the NAS Fort Worth JRB. He presented Council Member Burdette, on behalf of the City Council, with a set of coasters depicting the United States Navy Bureau of Medicine and Surgery emblem, located in Washington, D.C. The following individuals also attended the meeting in celebration of the Proclamation: Captain T.D. Smyers, Commanding Officer of NAS Fort Worth JRB Captain "Cappy" Surette (Admiral Flaherty Public Affairs) Valerie Kramer (Admiral Flaherty Public Affairs) Todd Martin (Navy Week staff) Senior Chief Gary Ward (Navy Week photographer) Petty Officer Second Class Ian Lundy (Navy Week writer) 3. Presentation of Proclamation for Tarrant Cares Month Council Member Moss presented a Proclamation for Tarrant County Cares Month to Ms. Patsy Thomas, Executive Director, Mental Health Connection. He stated that many Tarrant County residents needed help from local resources 24 hours per day, seven (7) days per week. He further stated that citizens faced challenges as they sought help for their families and friends who needed easy access to information about the available resources in the community. He advised that the Tarrant County community was improving the way information was provided to the citizens about the area programs by posting information online as an increasing number of residents turned to the computer to search for assistance. Ms. Thomas expressed appreciation to the Mayor and Council Members for the Proclamation and stated that Tarrant County Cares was a new website which would help citizens who faced challenges access information about available resources in their community. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 18 of 33 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burns announced that the third annual Greenbriar Great Outdoors event would be held April 8 through 9, 2011, and stated those interested could enjoy two (2) days of outdoor discovery and family fun. He stated on April 8, 2011, the events would consist of a family movie in the park and a fireworks show and the April 9, 2011, events would include a variety of outdoor activities, including kayaking, hunter and angler education, archery, rock climbing and mountain biking. He also announced that the Main Street Arts Festival would be held downtown April 14 through 17, 2011. He stated a new application was available for both lPhones and Android phones and would allow patrons to view the artists' work, explore the artist bios, quickly find individual booths and view the entertainment schedule. He encouraged those interested to visit www.mainstreetartsfest.org or contact the District 9 Office at (817) 392 -8809 for more information. He also requested the Council meeting be adjourned in memory of Mr. Edward Anthony Ipser, Sr., who passed away on March 21, 2011. He stated that Mr. Ipser was 76 years old and was born in New York on July 22, 1934. He further stated that he was a member of the United States Navy and received his Bachelor of Science in Electrical Engineering from Louisiana Tech University and his Masters of Business Administration from Texas Christian University. He advised that in 2009, Mr. Ipser received the W.S. Allen Memorial Service Award for his outstanding community service and also received the Paul Harris Fellow Award for his service to the Fort Worth Rotary Club. Council Member Hicks stated she attended the groundbreaking ceremony for the new Walmart which was the first anchor retail tenant of the new Renaissance Square development in southeast Fort Worth. She stated the Walmart Supercenter was expected to begin construction very soon and once completed, would provide long- needed commercial services to the community. She advised that the land located on East Berry Street at Mitchell Boulevard was once part of the Masonic Home and School and was the first major commercial development to come to southeast Fort Worth in several decades. She also announced that the Cowtown Cleanup was held on April 2, 2011, and was a well attended very successful event. She also announced that she presented Mr. Arun Gandhi, grandson of political and ideological leader Mohandas Gandhi, with a commemorative key to the City. She stated that Mr. Gandhi was speaking at Texas Wesleyan University College Day and added that his presentation was entitled "Lessons Learned from My Grandfather." She also recognized Professor Marshall Hobbs and his students from Tarrant County College, South Campus, who were attending the meeting to learn more about local government. She also expressed appreciation to Don Boren and Wanda Conlin who published the Greater Meadowbrook News, which was published every other Thursday for residents and businesses of East Fort Worth and West Arlington. She stated that there were many good things about this paper and that the newspaper really connected people and highlighted the positive things going on in the area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 19 of 33 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Espino announced that April 7 through 9, 2011, was race weekend at Texas Motor Speedway. He stated this year would be the first year that the Samsung 500 Race would take place on a Saturday night and encouraged everyone to attend. He stated that race weekend attracted approximately 200,000 fans and spectators to the event which provided economic benefits to the entire area. He encouraged everyone to wear green to kick off the beginning of Texas Motor Speedway race season. 2. Reco2nition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL Motion: Council Member Hicks made a motion, seconded by Council Member Jordan, that Ms. Sandra Dee Toombs be appointed to Place 8 on the Fort Worth Commission for Women, effective April 5, 2011, with a term expiring October 1, 2012. The motion carried unanimously nine (9) ayes to zero (0) nays. 5i 1 c i 1 111! !1111 1 lai 1 iniiin c 1111101 1 There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL ORDINANCE < < M, illilillit"RIIIII 11111 M11 ,, ,,,,,,,,, ,,,,,,,, 1 the Purpose of Electing the Major and Council Members for the Cily of Fort Worth to Amend Election Dgy Polling Locations in Tarrant and Denton Counties and to A Denton Locations in Tarrant and Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Ordinance No. 19640 -04 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 20 of 33 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 21 of 33 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 22 of 33 C. Purchase c 111;;;1 311 111 1111111� 1111131111i I Z111110,111 The recommendation was that the City Council Authorize the Purchase of 1,100 Portable Horse Stalls From Priefert Manufacturing Company, Inc., for the Public Events Department for a Total Amount of $1,582,487.00. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P -11220 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Information Systems Fund in the Amount of $646,318.00, and Decreasing the Unreserved, Undesignated Information Systems Fund Balance by the Same Amount for the Purpose of Transferring Said Funds to the Information Systems Capital Projects Fund for Equipment Purchases; Authorize the Transfer From the Information Systems Fund to the Capital Projects Fund; Adopt Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Information Systems Capital Projects Fund, From Available Funds; and Authorize a Purchase Agreement With Dell Marketing, L.P., for Hardware, Technology Services and Maintenance and Support Services Using a State of Texas Department of Information Resources Contract Number, DIR -SDD -890, for an Initial Annual Amount of $646,318.00 for Replacement Equipment and an Additional $400,000.00 for New Equipment Purchases for a Total of $1,046,318.00. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. P -11221 be approved and Supplemental Appropriation Ordinance No. 19643 -04-2011 and Appropriation Ordinance No. 19644-04-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 23 of 33 D. Land 'DIM, 1,1,9199m, ....................................I Properties Known as Deer Creek Park Located at 1800 Hemphill Street. The recommendation was that the City Council Approve the Acceptance of a Lease Agreement for Natural Gas Drilling Under 11.993 Acres More or Less of City-Owned Properties Known as Deer Creek Park, Located at 1800 Hemphill Street to Chesapeake Exploration, LLC, in the Amount of $42,934.94 for a Two (2) Year Primary Term. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. L-15163 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. ITT" 02 M1,j=, .................... .... 111 6 ........ .................... The recommendation was that the City Council Authorize Execution of an Underground Pipeline License Agreement With Texas Midstream Gas Services, LLC, for a Natural Gas Pipeline Across City- Owned Property Located West of BNSF Railroad, East of Main Street North and Between 23rd and 29th Streets, Also Known as, Tony's Creek Detention Pond for a Twenty-Year Term at a Cost of $87,056.76. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-15164 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ................ Construction Easements Owned by Timberview Golf Club, Inc. Located at 4301 Timberview ................... Parallel Relief Main Part. 1. Pro.i.ect. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 24 of 33 (L -15165 Continued) The recommendation was that the City Council Declare That Negotiations Between the City and the Landowner to Acquire Easement Interests in a Total of 2.613 Acres Owned by Timberview Golf Club, Inc., and Known as 4301 Timberview Drive, Block 2, Timberview Golf Club Addition and 4508 Enon Road, Lot 1, Block 1, Timberview Golf Club Addition, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Agree on Price for the Easements; Declare the Necessity to Take by Condemnation the Subject Property for the Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main Part 1 Project; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire Easement Interests in the Surface Estate, but Not the Mineral Estate of the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L -15165 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. E. Planning & Zoning 1. M&C PZ-2931 - Adopt the Proposed A e dment to the Master Thoroughfar e Plan MT-010- t e i a Se2ment of a Future Maior Arterial North to tersect with FM 718 Rather than Northwest to Intersect with FM 1220 Located in the Far West Planning Sector as Shown in the Current Master Thoroughfare Plan (Fort Worth's Extra Territorial Jurisdiction ETJi. The recommendation was that the City Council Adopt the Proposed Amendment to the Master Thoroughfare Plan MT- 010 -004 for the Realignment of a Future Major Arterial North to Intersect With FM 718 Rather Than Northwest to Intersect With FM 1220, Located in the Far West Planning Sector as Shown in the Current Master Thoroughfare Plan. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. PZ -2931 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract MOM I �1 and Adopt Appropriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 25 of 33 (C -24837 Continued) The recommendation was that the City Council Ratify the Application for and Authorize the City Manager to Accept, if Awarded, a Grant in an Amount Up to $10,510,000.00 in Pass Through Financing Project Funds From the Texas Department of Transportation for Construction of the Henderson Street Bridge Project; Authorize the City Manager, if Selected, to Execute a Contract With the Texas Department of Transportation for the Reimbursement; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grant Fund by $10,510,000.00 Subject to Receipt of the Grant. Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition to Mayor and Council Communication No. C -24837 and relative to the funding for the construction of the new Henderson Street bridge. He stated that the public had no idea how much money would be spent on the uptown renovation or how the funding would be obtained. He further stated that the project would likely cost over one (1) billion dollars and he would not support the bridge project. Mr. Randle Harwood, Director, Planning and Development Department, clarified that this grant, if awarded, provided an opportunity for the City to be reimbursed for a portion of the construction costs associated with the new Henderson Street bridge. Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24837 be approved and that Appropriation Ordinance No. 19645 -04 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. c c w Across Forest Hill Drive, Anglin 1 Everman-Kennedale-Burleson Road. The recommendation was that the City Council Authorize the City Manager to Execute a Public Right - of -Way Use Agreement With Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Forest Hill Drive, South of Lon Stephenson Road, Across Anglin Drive, South of Everman - Kennedale- Burleson Road and Across Everman - Kennedale- Burleson Road, East of Anglin Drive, for a One (1) Time License Fee of $11,734.25. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24838 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 26 of 33 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 27 of 33 Boulevard. NE 23rd Street, East of Niles City The recommendation was that the City Council Authorize the City Manager to Execute a Public Right - of -Way Use Agreement With Chesapeake Operating, Inc., Granting a License to Construct and Operate a Fresh Water Pipeline Across NE 23rd Street, East of Niles City Boulevard, for a One (1) Time License Fee of $2,851.75. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24842 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. 0141 ; c The recommendation was that the City Council Authorize the City Manager to Execute a Contract With JLB Contracting, LLC, in the Amount of $1,212,993.90 for 120 Calendar Days for Hot Mix Asphaltic Concrete Surface Overlay 2011 -4 at Various Locations. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24843 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Road from Union Pacific Railroad to Interstate Highway 35W. The recommendation was that the City Council Authorize the City Manager to Execute a Contract With McClendon Construction Company, Inc., in the Amount of $1,125,078.81 for Pavement and Drainage Improvements for McAlister Road From Union Pacific Railroad to Interstate Highway 35W. Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24844 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 28 of 33 ...... ....... .. The recommendation was that the City Council Authorize the City Manager to Execute an Agreement With the Fort Worth Independent School District (FWISD) in an Amount Up to $60,000.00 to Provide the Fort Worth After School Program at Como Elementary School for the 2011 -2012 School Year; and Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Grants Fund in the Amount of $60,000.00 Subject to Receipt of Payment From the Fort Worth Independent School District for the Program. Council Member Burdette expressed appreciation to the Fort Worth Independent School District (FWISD) and stated that the after school program was extremely important to the Como community. Council Member Moss stated he had been advised by the City Attorney that he did not have a conflict of interest, and pointed out that he would still abstain from voting on this item since his wife was a member of the FWISD Board. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -24845 be approved and that Appropriation Ordinance No. 19646 -04 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Moss. XV. 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 March 17, 2011. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC- 10 -155A be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 29 of 33 Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 11 -006A be continued until the May 10, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino stated this was part of the continued efforts to rezone the Northside neighborhoods and pointed out that this was collaboration between the Northside Neighborhood Association and the businesses in the area. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC- 11 -006B be approved with appreciation to the Northside Neighborhood Association and business entities. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 30 of 33 1 111 1 IF i I ......................... Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. SP -10 -008 be continued until the May 10, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ni q;:; i lin i pipo ii 1,1m, ............. ..... .... ...... Mg Council Member Burdette stated some of the residents in the area were concerned about allowing any other uses in the area besides "A-5" One-Family. He stated that Boat Club Road had grown significantly over the years from the small country road that it once was and should not be considered only a single-family residential area. He stated that changes and rezoning would continue in this area and he would support this zoning request. Mr. Matthew Hicks, Applicant, 4300 Boat Club Road, appeared before Council in support of Zoning Docket No. ZC-1 1-027 and stated he had spoken with all of the residents in the area and they were in support of his business. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC-1 1-027 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. .......... Paiky ... Boswell Road; from: "E" Nexhborhood Commercial to: "PD/E" Planned ........................................................... 11 .................................................. gluAululi,tllljll.uljlilm.Wlliml,j,xlmmmmgm--"O,m,.=,,�'llill�����ll����� plan included. (Recommended for Approval) Council Member Burdette advised that this zoning change allowed for commercial development in the area which included a Kroger Grocery Store and advised the zoning change would be positive for the area. Mr. Michael Clark, representing the applicant, completed a speaker card in support of Zoning Docket No. ZC-1 1-028, but did not wish to address the City Council. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-1 1-028 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 31 of 33 �. , .......', The following individuals completed speaker cards in support of Zoning Docket No. ZC -11 -029, but did not wish to address the City Council. Ms. Wanda Conlin, 1755 Martel Avenue Mr. Joe Vitek, 4132 Benmar Street Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC -11 -029 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Ms. Wanda Conlin, 1755 Martel Avenue, appeared before Council in support of Zoning Docket No. ZC -11 -030 and relative to the strong support of this item by both the West Meadowbrook Neighborhood and the East Fort Worth Business Association. She stated that this item cleared up the poor zoning in the area and requested Council approve this item. The following individuals appeared before Council in opposition to Zoning Docket No. ZC -11 -030 and advised that they wished to retain the property located at 1000 Canton Street at the current zoning. They advised that they wished to have a tenant on this property with a small welding /fabri cation business and pointed out that this use was allowed in the current "K" Heavy Industrial but was not allowed in the proposed "I" Light Industrial. They also requested this item be remanded back to the City Zoning Commission since they felt that the Commission did not have all of the facts at the time of their decision. Mr. Bill Sanders, P.O. Box 50067 (displayed a spread sheet of zoning uses) Kenneth Moore, P.O. Box 50067 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 32 of 33 (ZC -11 -030 Continued) Council Member Moss advised that this was a very critical item on the agenda since many of the zoning uses in this area were unacceptable. He stated that he understood the concerns of the property owners and would make a motion to continue the property located at 1000 Canton Street until the May 10, 2011, Council meeting and would support approval of the rest of the item. Motion: Council Member Moss made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -030 be approved but action be delayed for 1000 Canton until the May 10, 2011, Council meeting. 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 Moss made a motion, seconded by Council Member Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19647 -04 -2011 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS Don Brandon, t Another Public Partnership" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 5, 2011 PAGE 33 of 33 (XVI. CITIZEN PRESENTATIONS - #1 Continued) Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and expressed appreciation to Mr. Brandon Bennett, Director and Mr. Dennis Mitchell, Code Officer, Code Compliance Department, Mr. Otis Thornton, Homelessness Services Manager, Housing and Economic Development Department and Council Member Hicks for their assistance in cleaning up the showers at various night shelters and correcting the issues at the Humane Society. He requested Council Member Burns view the four (4) signs that read "Buses Only" that were placed at Vickery Boulevard and Hemphill Street. He stated this area was unsafe because the signs were located in the parking lane and buses and other vehicles could not go around the signs. He also expressed appreciation to Police Chief Jeff Halstead and the Police Department staff and stated they were the best in the country. He advised that the large trash cans that were chained to the bus stops were offensive to the riders and requested the trash cans be removed. Mayor Moncrief and Council Member Hicks expressed appreciation to Mr. Brandon for bringing information about what was going on in the community to Council's and staff s attention and advised that the Code Compliance and homeless issues in the community were taken very seriously. Council Member Moss reiterated the positive comments about Police Chief Halstead and the Police Department staff. He stated that the Police Department was the best in the country and although they were not perfect they were still able to move forward and improve after a problem was discovered and continued to strive for perfection. 2. Mr. Jerald :Miller, 3621 North Littleiohn, "Police Department Ethics Violation" Mayor Moncrief recognized Mr. Miller but he was not present in the Council Chamber. XVIII. ADJOURNMENT There being no further business the meeting was adjourned at 8:20 p.m. in memory of Mr. Edward Anthony Ipser, Sr., who passed away on March 21, 2011. He stated that Mr. 1pser was 76 years old and was born in New York on July 22, 1934. He further stated that Mr. Ipser was a member of the United States Navy and received his Bachelor of Science in Electrical Engineering from Louisiana Tech University and his Masters of Business Administration from Texas Christian University. He advised that in 2009, Mr. Ipser received the W.S. Allen Memorial Service Award for his outstanding community service and also received the Paul Harris Fellow Award for his service to the Fort Worth Rotary Club. These minutes approved by the Fort Worth City Council on the 12`h day of April, 2011. Attest: Approved Marty Hendrix Michael J. of City Secretary Mayor