Loading...
HomeMy WebLinkAbout2011/09/13-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 Present: Mayor Betsy Price Mayor Pro tem W. B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, Interim City Manager Sarah Fullenwider, City Attorney Marty Hendrix, City Secretary I. 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 7:05 p.m., on Tuesday, September 13, 2011, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. c '• . '• 1 The invocation was provided by Bishop Ben Tillman, Church of Jesus Christ of Latter Day Saints. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 23, 2a11 Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman that the minutes of the regular meeting of August 23, 2011, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. uflnu�� 51'111 I, 1 c c Ic There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 2 of 43 '• . 1 1 " '• Interim City Manager Tom Higgins requested that Mayor and Council Communication No. L -15242 be continued to the September 20, 2011, Council meeting. VII. CONSENT AGENDA Motion: Council Member Moss made a motion, seconded by Council Member Espino, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Hicks referenced Mayor and Council Communication No. L- 15241, and clarified that the funds received from this agreement would be used for Highland Hills Park improvements. A. General - Consent Items 1. M &C G -17370 - Authorize the Conveyance and Acceptance by the City of Fort Worth of a Perpetual Drainage and Slope Easement of Approximately 2,607 Square Feet of Land at Dallas/Fort Worth International Airport Along South Pipeline Road. The City Council approved the following recommendation: Authorize the Conveyance and Acceptance by the City of Fort Worth of a Perpetual Easement of Approximately 2,607 Square Feet of Land at Dallas/Fort Worth International Airport Along South Pipeline Road for Drainage Improvements Related to a City of Fort Worth Roadway Bridge Replacement Project. 2. M &C G -17371 - Adopt Ordinance Increasing the Number of Authorized Captain Positions in the Police Department by One Thereby Increasing the Total Number of Authorized Civil Service Positions by One. The City Council approved the following recommendation: Adopt Ordinance No. 19864 -09 -2011 Adding One (1) Position in the Classification of Captain; Adjusting the Total Number of Authorized Sworn Positions in the Police Department by One (1); and Providing a Statement of Purpose and Intent. B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11283 - Authorize Non - Exclusive Purchase Agreements with Arbor Masters Tree Service, Northeast Service Inc., d /b /a Horton Tree and Rivers Tree Service to Provide Hazardous Tree Removal Services for the Parks and Community Services Department for a Combined Amount of $300,000.00 for the First Year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 3 of 43 (VII. CONSENT AGENDA Continued) (P -11283 Continued) The City Council approved the following recommendation: Authorize Non - Exclusive Purchase Agreements With Arbor Masters Tree Service, Northeast Service, Inc., d /b /a Horton Tree and Rivers Tree Service to Provide Hazardous Tree Removal Services for the Parks and Community Services Department for a Combined Amount of $300,000.00 for the First Year. 2. M &C P -11284 - Authorize a Sole Source Purchase Agreement with Advanced Metering Solutions for Sewer Monitoring Equipment for the Water Department for an Amount of $75,000.00 for the First Year. The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement With Advanced Metering Solutions for Sewer Monitoring Equipment for the Water Department for an Amount of $75,000.00 for the First Year. 3. M &C P -11285 - Authorize the Sole Source Purchase of an Explosive Containment System Upgrade Package from Nabco, Inc., for the Fire Department for a Total Amount of $158,500.00. The City Council approved the following recommendation: Authorize the Sole Source Purchase of an Explosive Containment System Model 42- GT -SCS TCV Retro -Fit and Upgrade Package From Nabco, Inc., for the Fire Department for a Total Amount of $158,500.00. 4. M &C P -11286 - Authorize Purchase of Airport and Aircraft Liability Insurance from Key & Piskuran Insurance Agency for the City of Fort Worth for a Combined Total Premium of $63,800.00. The City Council approved the following recommendation: Authorize the Purchase of Airport Liability Insurance Coverage From Key & Piskuran Agency for the Policy Period of October 1, 2011, to September 30, 2012, for the Premium Cost of $18,000.00; and Authorize the Purchase of Aircraft Liability Insurance Coverage From Key & Piskuran Agency for the Policy Period of October 1, 2011, to September 30, 2012, for the Premium Cost of $45,800.00, for a Combined Total Premium of $63,800.00. C. Land - Consent Items 1. M &C L -15238 - Authorize the Acquisition of a Fee Simple Interest in 0.268 Acres of Land for Right -of -Way for $21,000 and an Easement Interest in 0.138 Acres for Temporary Construction for $1,600.00 Located at 9000 Trinity Boulevard from Heli -One USA Inc., Formerly Known as HDS Helidyne Systems Inc., and Pay the Estimated Closing Costs of $1,500.00 for a Total Cost of $24,100.00 for the Widening of Precinct Line Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 4 of 43 (VII. CONSENT AGENDA Continued) (L -15238 Continued) The City Council approved the following recommendation: Authorize the Purchase of a Fee Simple Interest in 0.268 Acre of Land for Right -of -Way for $21,000.00 and an Easement Interest in 0.138 Acre for Temporary Construction for $1,600.00, Located in the Trinity Industrial Plaza Addition, Lot 1, Block 1, also Known as 9000 Trinity Boulevard, Fort Worth, Texas, From Heli -One USA Inc., Formerly Known as HDS Helidyne Systems, Inc.; Find That the Total Price of $22,600.00 is Just Compensation for the Widening of Precinct Line Road; and Authorize the Acceptance and Recording of Appropriate Instruments. 2. M &C L -15239 - Authorize the Acquisition of a Fee Simple Interest in 0.2554 Acres of Land for Right -of -Way, 0.3333 Acres of Land for Two Temporary Construction Easements and 0.2161 Acres of Land for Two Drainage Easements Located at 501 West Lancaster Avenue, from Ron Investments Ltd., for $685,084.00 and Pay Estimated Closing Costs of $11,000.00 for a Total Cost of $696,084.00. The City Council approved the following recommendation: Authorize the Acquisition of a Fee Simple Interest in 0.2554 Acre of Land for Right -of -Way, 0.3333 Acre of Land for Two (2) Temporary Construction Easements and 0.2161 Acre of Land for Two (2) Drainage Easements Located at 501 West Lancaster Avenue, Described as Abstract No. 844, Tract 8A, Sarah G. Jennings Survey, From Ron Investments, Ltd., for the Reconstruction of Hemphill Street From Vickery Boulevard to Lancaster Street, for $685,084.00 and Pay Estimated Closing Cost of $11,000.00; Find That the Negotiated Price of $685,084.00 is Just Compensation for a Total Cost of $696,084.00; and Authorize the Acceptance and Recording of Appropriate Instruments. 3. M &C L -15240 - Authorize the Acceptance of Eight Dedication Deeds Totaling 3.463 Acres of Land for Right -of -Way, Two Permanent Drainage Facility Easements Totaling 4.024 Acres of Land, One Permanent Sewer and Drainage Facility Easement Totaling 0.161 Acres of Land and Three Temporary Construction Easements Totaling 0.28 Acres of Land Located at Silver Creek Road and West of Loop 820 from Hickman Family Limited Partnership at No Cost to the City. The City Council approved the following recommendation: Authorize the Acceptance of Eight (8) Dedication Deeds Totaling 3.463 Acres of Land for Right -of -Way, Two (2) Permanent Drainage Facility Easements Totaling 4.024 Acres of Land, One (1) Permanent Sewer and Drainage Facility Easement Totaling 0.161 Acre of Land and Three (3) Temporary Construction Easements Totaling 0.28 Acre of Land Located at Silver Creek Road and West of Loop 820 From Hickman Family Limited Partnership at no Cost to the City; and Authorize the City Manager or his Designee to Accept the Conveyances and Record the Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 5 of 43 (VII. CONSENT AGENDA Continued) 4. M &C L -15241 - Authorize Execution of an Agreement with Barnett Gathering, LP, in the Amount of $20,888.00 for Temporary Workspace and Ingress and Egress Access on a Portion of the Surface of Highland Hills Park. The City Council approved the following recommendation: Authorize the Execution of an Agreement With Barnett Gathering, LP, in the Amount of $20,888.00 for Temporary Workspace and Ingress and Egress Access on a Portion of the Surface of Highland Hills Park. D. Planning & Zoning - Consent Items 1. M &C PZ -2953 - Adopt Ordinance Vacating a Portion of a Sixteen Foot Alley Located Within Block 18, Van Zandt's Park Addition, Between Norwood Street and Currie Street. The City Council approved the following recommendation: Adopt Ordinance No. 19865 -09 -2011 Vacating and Extinguishing a 16 -Foot Wide Alley Right -of -Way, Located in Block 18, Van Zandt's Park Addition, Between Norwood Street and Currie Street, an Addition to the City of Fort Worth, Tarrant County, Texas; and Containing Approximately 6,400 Square Feet of Land More or Less; Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain All Existing Utilities Easements; and Waive any and All Purchase Fee Value of the Vacated Land in Accordance With City Policy (M &C G- 15624). E. Award of Contract - Consent Items 1. M &C C -25129 - Authorize Execution of an Encroachment Agreement with Atmos Energy for the Installation of a Gas Line Within an Existing Water Line Easement Between Oak Grove Shelby and Serene Creek Lane in the Vicinity of 9700 South Race Street. The City Council approved the following recommendation: Authorize the Execution of a Standard Easement Encroachment Agreement With Atmos Energy for the Installation of a Gas Line Within an Existing Water Line Easement Between Oak Grove Shelby and Serene Creek Lane in the Vicinity of 9700 South Race Street. 2. M &C C -25130 - Amend the Community Facilities Agreement City Contract No. 40594 with NRP Contractors LLC, and Authorize City Participation in an Amount Not to Exceed $155,143.04 for Construction of Sixteen Inch Water Main to Serve Four Seasons at Clear Creek. The City Council approved the following recommendation: Authorize Amending the Community Facilities Agreement With NRP Contractors, LLC, for the City to Participate in an Amount Not to Exceed $155,143.04 for the Construction of the 16 -Inch Water Main to Serve Four Seasons at Clear Creek. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 6 of 43 (VII. CONSENT AGENDA Continued) 3. M &C C -25131 - Authorize Execution of an Easement Encroachment Agreement with the Pulte Group for the Construction of an Entry Feature Wall and Screening Wall Over a Twenty Two Foot Utility Easement at Basswood Boulevard and the Future Montebeliard Parkway. The City Council approved the following recommendation: Authorize the Execution of an Easement Encroachment Agreement With the Pulte Group for the Construction of an Entry Feature Wall and Screening Wall Over a 22 -Foot Utility Easement at Basswood Boulevard and the Future Montebeliard Parkway, Currently Named Horseman Drive. 4. M &C C -25132 - Authorize Execution of an Easement Encroachment Agreement with The Heights Home Owners Association for the Construction of Carports Over a Fifteen Foot Water and Sanitary Sewer Easement at 4701 Donnelly Avenue. The City Council approved the following recommendation: Authorize the Execution of a Standard Encroachment Agreement With The Heights Home Owners Association for the Construction of Carports Over a 15 -Foot Water and Sanitary Sewer Easement at 4701 Donnelly Avenue. 5. M &C C -25133 - Authorize a Second Amendment to the Conditional Commitment and Contract for HOME Investment Partnership Program Grant Funds to Cornerstone Assistance Network Housing Development Corporation for the Development of Two Single Family Houses in the Polytechnic Neighborhood. The City Council approved the following recommendation: Authorize a Second Amendment to the Conditional Commitment and Contract With Cornerstone Assistance Network Housing Development Corporation to Reduce the Number of Single Family Houses to be Developed on the 3200 Block of Strong Avenue in the Polytechnic Neighborhood From Three (3) Single Family Houses to Two (2) Single Family Houses. 6. M &C C -25134 - Authorize Execution of Change Order No. 1 in the Amount of $83,686.00 to City Secretary Contract No. 41006 with Stabile & Winn, Inc., for Water Main, Water Services, Sanitary Sewer Main and Sanitary Sewer Service Replacements on Glenmont Court in a Total Contract Amount of $1,152,206.50. The City Council approved the following recommendation: Authorize Execution of Change Order No. 1 in the Amount of $83,686.00 to City Secretary Contract No. 41006 a Construction Contract With Stabile & Winn, Inc., for Water Main, Water Services, Sanitary Sewer Main and Sanitary Sewer Services Replacements on Glenmont Court, Thereby Revising the Original Contract Amount to $1,152,206.50. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 7 of 43 (VII. CONSENT AGENDA Continued) 7. M &C C -25135 - Authorize Execution of an Engineering Agreement in the Amount of $78,276.00 with Multatech Engineering, Inc., for the Design of the Cedar Breaks Drive Drainage Improvements. The City Council approved the following recommendation: Authorize Execution of an Engineering Agreement With Multatech Engineering, Inc., in the Amount of $78,276.00 for Design of the Cedar Breaks Drive Drainage Improvements. 8. M &C C -25136 - Authorize Execution of a Work Order in the Amount of $51,165.37 with Job Order Contractor, Yeargan Construction Company - The Mark IV Construction Group to Provide a Female Restroom Facility in Fire Station No. 15 and Authorize Administrative Execution of Future Job Order Contractor Work Orders in Amount of $50,000.00 or Less. The City Council approved the following recommendation: Authorize the Execution of a Work Order in the Amount of $51,165.37 With Job Order Contractor, Yeargan Construction Company - The Mark IV Construction Group to Provide a Female Restroom Facility in Fire Station No. 15; and Authorize the Administrative Execution of Future Job Order Contractor Work Orders in the Amount of $50,000.00 or Less. 9. M &C C -25137 - Authorize Amendment No. 2 in the Amount of $7,658.20 to City Secretary Contract No. 38347, an Engineering Services Agreement with Freese & Nichols, Inc., for the Design of Harley Avenue from University Drive to Montgomery Avenue and Adopt Appropriation Ordinance Resulting in a Total Agreement Amount of $388,387.20. The City Council approved the following recommendation: Authorize the Transfer of $7,658.20 From the Culture and Tourism Operating Fund to the Street Improvements Fund; Adopt Appropriation Ordinance No. 19866 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Street Improvements Fund, From Available Funds, for the Purpose of Providing Funds for the Design of Harley Avenue From University Drive to Montgomery Avenue; and Authorize Amendment No. 2 in the Amount of $7,658.20 to City Secretary Contract No. 38347, an Engineering Services Agreement With Freese & Nichols, Inc., for a Total Contract Cost of $388,387.20. 10. M &C C -25138 - Authorize Execution of a Contract with JLB Contracting, LLC., in the Amount of $984,351.30 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -2013 at Seventeen Locations. The City Council approved the following recommendation: Authorize the Execution of a Contract With JLB Contracting, LLC., in the Amount of $984,351.30 for 120 Calendar Days for Hot Mix Asphaltic Concrete Surface Overlay 2011 -2013 at 17 Locations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 8 of 43 (VII. CONSENT AGENDA Continued) 11. M &C C -25139 - Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $953,096.50 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -17 at Four Locations and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Execution of a Contract With JLB Contracting, LLC, in the Amount of $953,096.50 for 110 Calendar Days for Hot Mix Asphaltic Concrete Surface Overlay 2011 -17 at Four (4) Locations; Authorize the Transfer of $381,238.60 From the Water and Sewer Fund in the Amounts of $228,743.16 to the Water Capital Projects Fund and $152,495.44 to the Sewer Capital Projects Fund; and Adopt Appropriation Ordinance No. 19867 -09 -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 Proj ect. 12. M &C C -25140 - Authorize Execution of a Contract with Peachtree Construction, Ltd., in the Amount of $971,663.00 for Hot Mix Asphaltic Concrete Surface Overlay 2011 -18 at Ten Locations and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Execution of a Contract With Peachtree Construction, Ltd., in the Amount of $971,663.00 for 110 Calendar Days for Hot Mix Asphaltic Concrete Surface Overlay 2011 -18 at 10 Locations; Authorize the Transfer of $388,665.20 From the Water and Sewer Fund in the Amounts of $233,199.12 to the Water Capital Projects Fund and $155,466.08 to the Sewer Capital Projects Fund; and Adopt Appropriation Ordinance No. 19868 -09 -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 Proj ect. 13. M &C C -25141 - Authorize Execution of a Storm Water Facility Maintenance Agreement with Cosmos Foundation, Inc., on Property Located at 8080 West Cleburne Road, West of Hulen Street and South of Columbus Trail at No Cost to the City. The City Council approved the following recommendation: Authorize the Execution of a Storm Water Facility Maintenance Agreement With Cosmos Foundation, Inc., for Property Located at 8080 West Cleburne Road in the Isabel Flores Survey, Abstract No. 507, Trail, 1D, West of Hulen Street and South of Columbus Trail, at No Cost to the City. 14. M &C C -25142 - Authorize Execution of Change Order No. 1 in the Amount of $131,604.00 to City Secretary Contract No. 41264 with Stabile & Winn, Inc., for Corrections to Units of Measurement for Temporary Trench Repair for Water Main, Water Services, Sanitary Sewer and Sanitary Sewer Services Replacements on Fletcher Avenue, Goodman Avenue, Lake Como Drive, Hervie Street, Curzon Avenue, Penticost Street and Sanguinet Street Resulting in a Total Contract Amount of $2,559,156.20. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 9 of 43 (VII. CONSENT AGENDA Continued) (C -25142 Continued) The City Council approved the following recommendation: Authorize Execution of Change Order No. 1 in the Amount of $131,604.00 to City Secretary Contract No. 41264, a Construction Contract With Stabile & Winn, Inc., for Water Main, Water Services, Sanitary Sewer and Sanitary Sewer Services Replacements on Fletcher Avenue, Goodman Avenue, Lake Como Drive, Hervie Street, Curzon Avenue, Penticost Street and Sanguinet Street, Thereby Revising the Original Contract Amount to $2,559,156.20. 15. M &C C -25143 - Authorize Execution of an Artwork Commission Contract with Artists Frances Bagley, L.L.C., and Tom Orr, L.L.C., in the Amount of $76,170.00 for a Sculpture to Be Installed in Front of Fire Station No. 27 Located at 2940 Precinct Line Road. The City Council approved the following recommendation: Authorize the City Manager to Enter into an Artwork Commission Contract With Artists Frances Bagley, L.L.C., and Tom Orr, L.L.C., in the Amount of $76,170.00 for a Sculpture to be Installed at Fire Station No. 27, Located at 2940 Precinct Line Road. 16. M &C C -25144 - Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $223,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount and Authorize the Execution of a Contract with Johnson Controls, Inc., in the Amount of $197,286.00 to Replace the Hot Water Piping for the Heating, Ventilation and Air Conditioning System in the East Exhibit Hall /Annex at the Fort Worth Convention Center. The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 19869 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $223,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Replacing the Hot Water Piping for the Heating, Ventilation and Air Conditioning System in the East Exhibit Hall /Annex at the Fort Worth Convention Center; and Authorize the Execution of a Contract With Johnson Controls, Inc., in the Amount of $197,286.00 Using a Texas Multiple Award Schedule Contract Number TXMAS -6- 840160 to Replace the Hot Water Piping for the Heating, Ventilation and Air Conditioning System in the East Exhibit Hall /Annex at the Fort Worth Convention Center. 17. M &C C -25145 - Authorize Execution of a Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration to Continue Operation of the Drug Enforcement Administration Dallas/Fort Worth Airport Task Force for Reimbursement of Overtime Costs for an Amount Up to $120,415.75 and Adopt Appropriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 10 of 43 (VII. CONSENT AGENDA Continued) (C -25145 Continued) The City Council approved the following recommendation: Authorize the Execution of a Task Force Agreement With the United States Department of Justice, Drug Enforcement Administration to Continue Operation of the Drug Enforcement Administration Dallas/Fort Worth Airport Task Force; Authorize the Term of the Agreement to be October 1, 2011, Through September 30, 2012; Authorize the Police Department to Accept Up to $120,415.75 for Reimbursement of Overtime Worked by the Assigned Officers; and Adopt Appropriation Ordinance No. 19870 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of Funds From the United States Department of Justice, Drug Enforcement Administration, for the Purpose of Funding the Reimbursement of Overtime Payments Made to Officers Assigned to the Drug Enforcement Agency Dallas/Fort Worth Airport Task Force for Fiscal Year 2012. 18. M &C C -25146 - Authorize Execution of a Cost Reimbursement Agreement with the United States Federal Bureau of Investigation for Participation in an Organized Crime Drug Enforcement Task Force, Accept Grant Funds in an Amount Up to $2,200.00 for Overtime and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize the Execution of a Cost Reimbursement Agreement With the United States Federal Bureau of Investigation, Organized Crime Drug Enforcement Task Force in Order for the Police Department to Participate in the Task Force by Temporarily Assigning Fort Worth Police Officers to the Task Force; Authorize the Agreement to Begin When Authorized Agents of All Parties Have Signed the Agreement and Continue Until September 30, 2011; and Adopt Appropriation Ordinance No. 19871 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $2,200.00, Subject to Receipt of Funds From the United States Federal Bureau of Investigation, for the Purpose of Funding the Reimbursement of Overtime Payments Made to Officers Assigned to the Organized Crime Drug Enforcement Task Force for Fiscal Year 2011. 19. M &C C -25147 - Authorize Execution of an Agreement Between the United States Department of Justice, Drug Enforcement Administration and the City of Fort Worth for Payment of Overtime in an Amount Up to $86,026.25 for Participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2012 and Adopt Appropriation Ordinance. The City Council approved the following recommendation: Authorize Execution of an Agreement With the United States Department of Justice, Drug Enforcement Administration Regarding the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2012; Authorize the Agreement to Begin on October 1, 2011, and End on September 30, 2012, and Provide that a 30 Day CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 11 of 43 (VII. CONSENT AGENDA Continued) (C -25147 Continued) Advance Written Notice be Required for Termination of the Agreement; Authorize the Agreement to be Extended for Up to Four (4), One (1) Year Options; Authorize the Police Department to Accept Up to $86,026.25 for Reimbursement of Overtime Payments Made to the Five (5) Officers Assigned to the North Texas High Intensity Drug Trafficking Area Task Force Group 2; and Adopt Appropriation Ordinance No. 19872 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $86,026.25, Subject to Receipt of Funds From the United States Department of Justice, Drug Enforcement Administration, for the Purpose of Funding the Reimbursement of Overtime Payments Made to Officers Assigned to the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2012. 20. M &C C -25148 - Authorize Change Order No. 1 in the Amount of $278,413.52 for a Revised Total Contract Amount of $2,527,047.84 to City Secretary Contract No. 38017 with S.J. Louis Construction of TX, Ltd., for Water and Sanitary Sewer Relocations for State Highway 121T, Part 18 - Stonegate Forty -Two Inch Water Line. The City Council approved the following recommendation: Authorize Execution of Change Order No. 1 in the Amount of $278,413.52 to City Secretary Contract No. 38017 With S.J. Louis Construction of TX, Ltd., for Water and Sanitary Sewer Relocations for State Highway 121T, Part 18 — Stonegate 42- Inch Water Line Thereby Increasing the Contract Amount to $2,527,047.84. 21. M &C C -25149 - Rescind Award of Contract to Utilitex Construction, LLP, for Water and Sanitary Sewer Relocations for State Highway 121T, Part 4 and Authorize Execution of a Contract in the Amount of $819,420.00 with Conatser Construction TX, LP, for Water and Sanitary Sewer Relocations for State Highway 121T, Part 4, at Forest Park Boulevard and Eleventh Street. The City Council approved the following recommendation: Authorize Recession of the Previously Awarded Contract to Utilitex Construction, LLP, for Water and Sanitary Sewer Relocations for State Highway 121T, Part 4; and Authorize Execution of a Contract in the Amount of $819,420.00 With Conatser Construction TX, LP, for State Highway 121T, Part 4. 22. M &C C -25150 - Authorize Execution of the First Amendment to the Agreement for Reclaimed Water Service with the City of Euless Adding a Second Point of Delivery. The City Council approved the following recommendation: Authorize the City Manager to Execute the First Amendment to the Agreement for Reclaimed Water Service With the City of Euless Adding a Second Point of Delivery (Bear Creek Parkway). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 12 of 43 (VII. CONSENT AGENDA Continued) 23. M &C C -25151 - Authorize Execution of an Engineering Agreement in the Amount of $113,225.00 with Alan Plummer Associates, Inc., for the Design of the Reclaimed Water Line Extension Along American Boulevard. The City Council approved the following recommendation: Authorize the Execution of an Engineering Agreement With Alan Plummer Associates, Inc., for the Design of the Reclaimed Water Line Extension Along American Boulevard for a Total Fee of $113,225.00. 24. M &C C -25152 - Authorize Change Order No. 2 in the Amount of $41,910.00 for a Total Contract Amount of $1,854,562.00 to City Secretary Contract No. 41358 with Archer Western Contractors, Ltd., for the Village Creek Reclaimed Water Quality Improvements Located at the Village Creek Wastewater Treatment Plant. The City Council approved the following recommendation: Authorize the Execution of Change Order No. 2 in the Amount of $41,910.00 to City Secretary Contract No. 41358 With Archer Western Contractors, Ltd., for the Village Creek Reclaimed Water Quality Improvements Located at the Village Creek Wastewater Treatment Plant, Thereby Revising the Total Contract to $1,854,562.00. 25. M &C C -25153 - Ratification of Emergency Procurement of Services from Garney Companies, Inc., in the Amount of $199,000.00 and with Rosemount, Inc., in the Amount of $28,159.55 for the Rolling Hills Water Treatment Plant Filter No. 3 Repairs, Located at 2500 Southeast Loop 820. The City Council approved the following recommendation: Ratify the Emergency Procurement of Services From Gamey Companies, Inc., in the Amount of $199,000.00 and With Rosemount, Inc., in the Amount of $28,159.55 for the Rolling Hills Water Treatment Plant Filter No. 3 Repairs, Located at 2500 Southeast Loop 820. 26. M &C C -25154 - Authorize Execution of Amendment No. 3 in the Amount of $156,000.00 for a Revised Total Contract Amount of $5,544,839.00, to City Secretary Contract No. 26050, an Engineering Agreement with Camp Dresser and McKee, Inc., for the Design of the Rolling Hills Water Treatment Plant Facilities Upgrade and 40 -MGD Expansion Phase 5 - Chemical Facilities Improvements. The City Council approved the following recommendation: Authorize Execution of Amendment No. 3 to an Engineering Agreement With Camp Dresser and McKee, Inc., City Secretary Contract No. 26050, for the Design of the Rolling Hills Water Treatment Plant Facilities Upgrade and 40 -MGD Expansion Phase 5 - Chemical Facilities Improvements, Thereby Increasing the Amount of the Contract by $156,000.00 to $5,544,839.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 13 of 43 (VII. CONSENT AGENDA Continued) 27. M &C C -25155 - Authorize Execution of an Agreement with the City of Dallas, the North Texas Municipal Water District and the Trinity River Authority of Texas to Continue the Upper Trinity Basin Water Quality Compact with City Participation in the Amount of $30,000.00. The City Council approved the following recommendation: Authorize Execution of an Agreement With the City of Dallas, the North Texas Municipal Water District and the Trinity River Authority of Texas to Continue the Upper Trinity Basin Water Quality Compact; and Authorize the Payment of the City's Share of the Cost for Fiscal Year 2011 -2012 Compact Budget in the Amount of $30,000.00 for Water Quality Monitoring, Studies and Related Activities. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1826 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC,. 1. Presentation of Proclamation for Hispanic Heritage Mo t Students from Ballet Folklorico performed a dance routine for the Mayor and Council Members in honor of Hispanic Heritage Month. Council Member Espino presented the Proclamation for Hispanic Heritage Month to Rosalinda Mendoza, 2011 Chair, Hispanic Heritage Employee Celebration Committee and stated since its founding, this nation's history had been shaped by a diversity of race, culture and traditions, including that of Hispanics who had come from Spain, Mexico and the Caribbean, and Central and South American countries in pursuit of freedom and the opportunity to achieve their dreams. He further stated that Fort Worth residents of Hispanic descent made up over 34 percent of the City's population and were a vital and thriving force in the community and economy. He pointed out that 1,300 of the 6,200 City of Fort Worth employees were of Hispanic descent. He stated that the City of Fort Worth recognized that Hispanic residents contributed to the strength and success of the United States, as well as Fort Worth, through business, law, community service, politics, the arts, education and many other fields. He also advised that across America, Hispanics protected neighborhoods as police officers and first responders, guided youth as teachers and mentors and boosted economic growth as business owners and operators, in addition to serving as members in the Armed Forces, heroically fighting and dying in every war since the American Revolution, defending the liberties and security of the United States, many having served before becoming American citizens. He stated that Fort Worth honored the accomplishments of the Hispanic community in its role in shaping the City as well as the City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 14 of 43 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. #1 Continued) employees who established the Hispanic Heritage Employee Celebration Committee 10 years ago so that the rich cultural traditions of the Hispanic community could be shared and recognized by all. He added that the public was invited to join Fort Worth City Employees' 10th annual Hispanic Heritage Celebration, on September 16, 2011, 11:00 a.m. to 1:30 p.m. in front of City Hall, located at 1000 Throckmorton Street. Ms. Mendoza expressed appreciation to the Mayor and Council Members for their support and presented Mayor Price with a Hispanic Heritage Month t -shirt. 2. Presentation of Results of the 2011 Emr)loyee Food Drive Mr. Kent Penney, Director, Aviation Department, Honorary Chair of 2011 Employee Food Drive, presented the final results of the internal competition between the City departments. He stated that the results for this year were: $47,695.16 and 17,293 pounds of food donated. He presented Mr. Bo Soderberg, Executive Director of the Tarrant Area Food Bank, with a commemorative check for $47,695.16 and expressed appreciation to everyone who contributed to the fight to end hunger. Mr. Soderberg expressed appreciation to City staff and the Mayor and Council Members for their support and participation and stated this year was more successful than the years past. Mayor Price expressed appreciation to the City employees for their contribution to the Food Drive. ��ili 1111111111 iii 11411 w w, 1 1. Upcoming a nd Recent Events Council Member Burns announced this was the end of National Suicide Prevention Week and advised that the Local Outreach to Suicide Survivors (LOSS) held a walk/run event at Trinity Park last weekend. He stated that LOSS helped survivors lessen the amount of recovery time and minimize the lasting effects of suicide. Ms. Lezlie Culver, Coordinator, LOSS, advised that the walk/run event held at Trinity Park was a huge success and stated the event raised over $70,000.00 for the cause. She expressed appreciation to Council Member Burns for his participation in the event and presented him with a medal and a Certificate of Recognition. She also presented the Mayor and Council Members with t -shirts from the event. She stated for more information on LOSS to contact (817) 733 -9123 or visit www.mhatc.or &. Mayor Price expressed appreciation to Ms. Culver and the members of LOSS for their support of such an important cause. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 15 of 43 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) Council Member Burns also announced that Downtown Fort Worth, Inc., would hold a meeting regarding the future of Hunter Plaza on September 14, 2011, from 5:30 p.m. to 6:30 p.m., at the First United Methodist Church, Wesley Hall. He also announced that the Fort Worth Commission for Women would host a dinner program entitled, "Ignite Your Community" on September 15, 2011, at the Tarrant County College Trinity River Campus, located at 300 Trinity Campus Circle. He also pointed out that the keynote speaker for the dinner was Senator Wendy Davis. He expressed appreciation to all who attended the Diez y Seis de Septiembre celebration and parade and stated it was a fun filled event. Mayor Pro tem Zimmerman announced the Fort Worth Human Relations Commission would be hosting Movies That Matter — A Human Rights Film Series on September 15, 2011, at 7:00 p.m., at the Modern Art Museum of Fort Worth, located at 3200 Darnell Street. He stated seating was limited and encouraged everyone to make reservations in advance to view the film. He also announced the Tarrant Area Food Bank would be hosting the second annual Legislative Lunch on September 28, 2011, at 11:45 a.m. and encouraged everyone to "save the date" for the event. Council Member Burns announced that International Association of Official Human Rights Agencies presented the City of Fort Worth, along with Fairness Fort Worth, with the President's Award for their work in the area of Human Rights. Council Member Shingleton announced that Jazz by the Boulevard had grown and was renamed the Fort Worth Music Festival. He stated that the festival would be held September 30, 2011, through October 1, 2011, and would feature 20 bands, food and family fun. Council Member Scarth announced the "Best is Yet to Come" event, sponsored by Score A Goal in the Classroom and many other organizations, would be held on September 17, 2011, at 10:00 a.m., at the Tarrant County College Riverfront Campus. He stated the purpose of the event was to read and mentor to children and stated for more information to visit www.scoreagoal.org. He also announced that Cowtown Cruisin' for a Cure would be held on September 17, 2011, from 10:00 a.m. to 3:00 p.m., and stated the event promoted colon cancer awareness and early screening. He stated free colon cancer screening would be available at the event. Council Member Espino announced that Hispanic Heritage Month which would be held September 15, 2011, through October 15, 2011, was a time when many of the Latin countries celebrated their independence. He stated numerous celebrations and events relative to Hispanic Heritage Month would be held throughout the City and encouraged everyone to participate. He stated that the family events would feature performances from the dancers of Ballet Folklorico, authentic Hispanic food and music. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 16 of 43 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF #1 Continued) Mayor Price announced that the 9/11 Tribute Exhibit at Fort Worth Museum of Science and History was a wonderful outpour of love in the City. She expressed appreciation to all of the City staff and volunteers who coordinated the event and stated it was a wonderful tribute to the tragic events of 9/11. She also announced the Ride with the Mayor event would be held on September 17, 2011, at 8:30 a.m., at Texas Wesleyan University. She encouraged bicycle riders of all ages and abilities to attend the event. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL Mayor Price announced the appointments and reappointments to the following City Council Standing committees: Audit and Finance Committee Council Member Kathleen Hicks — Chair Council Member Frank Moss — Vice Chair Council Member Jungus Jordan Council Member Dennis Shingleton Citizen Member Vickie Stevens Citizen Member John Stevenson Housing and Economic Development Committee Council Member Joel Burns — Chair Council Member Kathleen Hicks — Vice Chair Mayor Betsy Price Mayor Pro tem W. B. "Zim" Zimmerman Council Member Salvador Espino Council Member Daniel Scarth Council Member Frank Moss Council Member Jungus Jordan Council Member Dennis Shingleton CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 17 of 43 (XI. PRESENTATIONS BY THE CITY COUNCIL #1 Continued) Infrastructure and Transportation Committee Council Member Salvador Espino — Chair Council Member Daniel Scarth — Vice Chair Council Member Jungus Jordan Council Member Joel Burns Legislative and Intergovernmental Affairs Committee Council Member Daniel Scarth — Chair Council Member Dennis Shingleton — Vice Chair Mayor Pro tem W. B. "Zim" Zimmerman Council Member Frank Moss Court Committee Council Member Frank Moss — Chair Council Member Salvador Espino Council Member Kathleen Hicks Mai or Initiative on Rail Council Member Jungus Jordan c 1� There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL ZONING HEARING Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 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 August 29, 2011. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 18 of 43 Council Member Hicks expressed appreciation to Mr. Happy Baggett and his business partners for their hard work on this project. She stated that she was very proud of the renaissance that was taking place in this area and added that the new development would benefit the entire City. Mr. Michael Clark, 6750 Hillcrest, Dallas, Texas 75230, completed a speaker card in support of Zoning Docket No. ZC-1 1-040, but did not wish to address the City Council. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC- 11-040 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Approval) (Continued from a Previous Meeting) This item was continued from the August 21, 2011, Council meeting. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-1 1-050 be continued until the September 20, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. (Recommended for Denial) (Continued from a Previous Metting). This item was continued from the August 21, 2011, Council meeting. Mr. Marty Moore, 3146 Waits Avenue, completed a speaker card in support of Zoning Docket No. ZC-1 1-054 and was recognized by Mayor Price, but was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 19 of 43 (ZC -11 -054 Continued) The following individuals appeared before Council in opposition to Zoning Docket No. ZC -11 -054 and stated that the proposed parking lot would lower home values and was not in compliance with the Comprehensive Plan or the Urban Village concept. They stated that the parking lot would increase crime, trash and noise in the area. They also stated that this item should not have been continued for discussion for so many months as none of the neighbors supported this item. They stated that they wanted an Urban Village not commercial encroachment. They requested the City Council deny this item. Mr. John Davis, representing Bluebonnet Hills Neighborhood Association, 3216 Rogers Avenue Mr. Michael Banta, 3209 Greene Avenue Ms. Genna Banta, 3209 Greene Avenue The following individuals completed speaker cards in opposition to Zoning Docket No. ZC -11 -054, but did not wish to address the City Council. Ms. Rita Vinson, 6216 Dovenshire Terrace Mr. Carlos Renteria, 708 Arch Adams Lane Ms. Cheryl Renteria, 708 Arch Adams Lane Ms. Carolyn Mitchell, 3412 Rogers Avenue, completed a speaker card in opposition to Zoning Docket No. ZC -11 -054 and was recognized by Mayor Price, but was not present in the Council Chamber. Council Member Burns stated the reason this item had been continued several times was to encourage the neighbors to work with the applicant and property owners to develop a compromise. He stated there was a lack of communication and that a compromise could not be achieved. He advised that his motion was to deny this item with prejudice and encouraged the neighborhood associations and the property owners to work together in the future. Motion: Council Member Burns made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -054 be denied with prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. 4. Zoning Docket No. ZC -11 -060 - Thomas Blanton & Keystone Equity Partners, Generally bounded by Angle Avenue, Old Decatur Road, Loop 820 W., Meacham Airport, and Limestone Terrace; from: "C" Medium Density Multifamily, "I" Light Industrial, "J" Medium Industrial, "K" Heavy Industrial, and "PD -847" Planned Development for all uses in "J" plus biodiesel fuel processing to: "PD/K" Planned Development for "K" Heavy Industrial plus rolling mills, rock, cement crushers; wholesale storage of petroleum products; paper and pulp manufacture; oil drilling and production; manufacture of heavy rubber products, recycling center, household CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 20 of 43 (ZC -11 -060 Continued) hazardous wastes or waste tire facility, recyclable materials for transportation at transfer stations, storage processing, bailing or reclamation of paper, Mass, wood, metals, plastic rats, junk, concrete, asphalt and other materials and materials recovery facilities and recycling centers; composting for yard and wood wastes, municipal solid waste, and /or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities. A site development plan shall be provided for administrative review by the Planning & Development Department for recycling and other uses per Section 4.305(D) of the Comprehensive Zoning Ordinance; a site plan waiver recommended for other uses. The following uses are prohibited: gambling facilities, circus, sexually oriented businesses. (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -060 be continued until the September 20, 2011, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Mr. Michael Clark, 6750 Hillcrest, Dallas, Texas 75230, completed a speaker card in support of Zoning Docket No. ZC -11 -061, but did not wish to address the City Council. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -11 -061 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 I I 1. ,,,,,,,,, Nei2hborhood Commercial with no maximum buildin2 s ze; siteplan included to: Amend 1 r Mr. Michael Clark, 6750 Hillcrest, Dallas, Texas 75230, completed a speaker card in support of Zoning Docket No. ZC -11 -062, but did not wish to address the City Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 21 of 43 (ZC -11 -062 Continued) Motion: Council Member Shingleton made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -062 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 1 "E" Neighborhood Commercial with no maximum building size and car wash; site plan included. (Recommended for Approval) Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -11 -063 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -11 -064 be approved. 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 Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19873 -09 -2011 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 22 of 43 XIV. REPORT OF THE CITY MANAGER A. Benefit Hearing City Secretary Hendrix advised that the Benefit Hearings for Mayor and Council Communication Nos. BH -268, BH -269, BH -270, BH -271, BH -272, BH -273 and BH -274 would be heard and considered under one (1) motion. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 1, Downtown Public Improvement District (PID) for the 2011 Tax Year; Approve the 2011 -2012 Fiscal Year Budget and Five (5) Year Service Plan for the Downtown PID; Adopt Ordinance No. 19874 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID 1 During Fiscal Year 2011 -2012; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Authorize the Transfer of $138,498.00 From the General Fund to the Special Assessment District Fund, PID 1 Fiscal Year 2011 -2012 Project Account, for the City's Payment in Lieu of Services; Authorize the Transfer of $189,518.00 From the General Fund to the Special Assessment District Fund, PID No. 1 Fiscal Year 2011 -2012 Project Account, for the City's Payment in Lieu of Assessments; Adopt Appropriation Ordinance No. 19875 -09 -2011 Increasing the Estimated Receipts and Appropriations in the PID 1 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $1,906,731.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 1 During Fiscal Year 2011 -2012; Authorize the Transfer of $35,365.00 for Administrative Fees From the Special Assessment District Fund, PID 1 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed 2011 Assessment Roll; Adopt Appropriation Ordinance 19876 -09 -2011 Increasing the Estimated Receipts and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 23 of 43 (BH -268 Continued) Appropriations in the Special Trust Fund in the Amount of $35,365.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees for PID 1 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With Downtown Fort Worth, Inc., to Provide Management and Improvement Services for the Downtown PID During Fiscal Year 2011 -2012 for the sum of $333,700.00. The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 6, Park Glen Public Improvement District (PID), for the 2011 Tax Year; Approve the Fiscal Year 2011 -2012 Budget and Five (5) Year Service Plan for the Park Glen PID; Adopt Ordinance No. 19877 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID No. 6 During Fiscal Year 2011 -2012; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Authorize the Transfer of $187,803.00 From the General Fund to the Special Assessment District Fund, PID 6 Fiscal Year 2011 -2012 Project Account, for the City's Payment in Lieu of Services; Adopt Appropriation Ordinance No. 19878 -09 -2011 Increasing the Estimated Receipts and Appropriations in the PID 6 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $1,339,316.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 6 During Fiscal Year 2011 -2012; Authorize the Transfer of $23,030.00 for Administrative Fees From the Special Assessment District Fund, PID 6 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments; Adopt Appropriation Ordinance 19879 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $23,030.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees for PID 6 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With Premier Communities Management Company to Provide Management and Improvement Services for the Park Glen PID During Fiscal Year 2011 -2012 for the sum of $103,253.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 24 of 43 The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 7, Heritage Public Improvement District (PID), for the 2011 Tax Year; Approve the 2011 -2012 Fiscal Year Budget and Five (5) Year Service Plan for the Heritage PID; Adopt Ordinance No. 19880 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID No. 7 During 2011 -2012 Fiscal Year; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Authorize the Transfer of $183,022.00 From the General Fund to the Special Assessment District Fund, PID 7 Fiscal Year 2011 -2012 Project Account, for the City's Payment in Lieu of Services; Adopt Appropriation Ordinance No. 19881 -09 -2011 Increasing the Estimated Receipts and Appropriations in the PID 7 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $1,496,012.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 7 During Fiscal Year 2011 -2012; Authorize the Transfer of $26,260.00 for Administrative Fees From the Special Assessment District Fund, PID 7 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments; Adopt Appropriation Ordinance 19882 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $26,260.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees for PID 7 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With Premier Communities Management Company to Provide Management and Improvement Services for the Heritage PID During Fiscal Year 2011 -2012 for the sum of $161,317.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 25 of 43 (BH -271 Continued) The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 8, Camp Bowie Public Improvement District (PID), for the 2011 Tax Year; Approve the Fiscal Year 2011 -2012 Budget and Five (5) Year Service Plan for the Camp Bowie PID; Adopt Ordinance No. 19883 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID No. 8 During Fiscal Year 2011 -2012; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19884 -09 -2011 Increasing the Estimated Receipts and Appropriations in the PID 8 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $371,558.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 8 During Fiscal Year 2011 -2012; Authorize the Transfer of $7,431.00 for Administrative Fees From the Special Assessment District Fund, PID 8 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments; Adopt Appropriation Ordinance 19885 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $7,431.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees for PID 8 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With Camp Bowie District, Inc., to Provide Management and Improvement Services for the Camp Bowie Corridor PID During Fiscal Year 2011 -2012 for the sum of $74,312.00. The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 11, the Stockyards Public Improvement District (PID), for the 2011 Tax Year; Approve the Fiscal Year 2011 -2012 Budget and Five (5) Year Service Plan for the Stockyards PID; Adopt Ordinance No. 19886 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID No. 11 During Fiscal Year 2011 -2012; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19887 -09 -2011 Increasing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 26 of 43 (BH -272 Continued) the Estimated Receipts and Appropriations in the PID 11 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $63,176.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 11 During Fiscal Year 2011 -2012; Authorize the Transfer of $2,000.00 for Administrative Fees From the Special Assessment District Fund, PID 11 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed Assessment Roll; Adopt Appropriation Ordinance 19888 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,000.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees for PID 11 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With the Fort Worth Stockyards Preservation Foundation, Inc., to Provide Management and Improvement Services for the Stockyards PID During Fiscal Year 2011 -2012 for the sum of $12,635.00. The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 12, Chapel Hill Public Improvement District (PID), for the 2011 Tax Year; Approve the Fiscal Year 2011 -2012 Budget and Five (5) Year Service Plan for the Chapel Hill PID; Adopt Ordinance No. 19889 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID No. 12 During Fiscal Year 2011 -2012; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19890 -09 -2011 Increasing the Estimated Receipts and Appropriations in the PID 12 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $50,000.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 12 During Fiscal Year 2011 -2012; Authorize the Transfer of $2,000.00 for Administrative Fees From the Special Assessment District Fund, PID 12 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments; Adopt Appropriation Ordinance 19891 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,000.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 27 of 43 (BH -273 Continued) for PID 12 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With the RTI /Communities Management Associates, Inc., d /b /a CMA, to Provide Management and Improvement Services for the Chapel Hill PID During Fiscal Year 2011 -2012 for the sum of $8,000.00. The recommendation was that the City Council Hold a Public Benefit Hearing Concerning the Proposed Special Assessments on Property Located in Public Improvement District 14, Trinity Bluff Public Improvement District (PID), for the 2011 Tax Year; Approve the Fiscal Year 2011 -2012 Budget and Five (5) Year Service Plan for the Trinity Bluff PID; Adopt Ordinance No. 19892 -09 -2011 Levying Special Assessments for the Cost of Certain Improvements and /or Services Provided in Fort Worth PID No. 14 During Fiscal Year 2011 -2012; Setting Charges and Liens Against Property in the District and Against the Owners Thereof, Providing for the Collection of Such Assessments; Reserving Unto the City Council the Right to Allow Credits Reducing the Amount of the Respective Assessment to the Extent of any Credit Granted; Adopt Appropriation Ordinance No. 19893 -09 -2011 Increasing the Estimated Receipts and Appropriations in the PID 14 Fiscal Year 2011 -2012 Project Account of the Special Assessment District Fund in the Amount of $29,268.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Special Assessments, for Management and Improvement Services for PID 14 During Fiscal Year 2011 -2012; Authorize the Transfer of $2,000.00 for Administrative Fees From the Special Assessment District Fund, PID 14 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund Contingent Upon the Adoption of the Proposed Ordinance Levying Assessments; Adopt Appropriation Ordinance 19894 -09 -2011 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of $2,000.00, From Available Funds, Contingent Upon the Adoption of the Ordinance Levying Assessments, for Administrative Fees for PID 14 During Fiscal Year 2011 -2012; and Authorize the Execution of an Agreement With Downtown Fort Worth, Inc., to Provide Management and Improvement Services for the Trinity Bluff PID During Fiscal Year 2011 -2012 for the sum of $1,575.00. a. BgR2Lt of City Staff Ms. Sylvia Flores, Public Improvement District Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 28 of 43 (BH -274 Continued) b. Citizen Presentations Mr. Jeff Landesberg, 3201 Oak Lawn, Dallas, Texas 76219, completed a speaker card in support of Mayor and Council Communication No. BH -269, but did not wish to address the City Council. Ms. Carla Felipe, 9536 Courtright Drive, Keller, Texas 76244, completed a speaker card in support of Mayor and Council Communication No. BH -270, but did not wish to address the City Council. c. Council Action Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that the public hearings be closed and Mayor and Council Communication Nos. and Ordinance Nos. be approved and adopted as follows: Mayor and Council Communication No. Ordinance No. Ordinance No. BH -268 19874 -09 -2011 19875 -09 -2011 BH -269 19877 -09 -2011 19878 -09 -2011 BH -270 19880 -09 -2011 19881 -09 -2011 BH -271 19883 -09 -2011 19884 -09 -2011 BH -272 19886 -09 -2011 19887 -09 -2011 BH -273 19889 -09 -2011 19890 -09 -2011 BH -274 19892 -09 -2011 19893 -09 -2011 The motion carried unanimously nine (9) ayes to zero (0) nays. B. General III ..,,.., ,,,,,,, c w w w Amigos Avenue. (PUBLIC Ordinance No. 19876 -09 -2011 19879 -09 -2011 19882 -09 -2011 19885 -09 -2011 19888 -09 -2011 19891 -09 -2011 19894 -09 -2011 The recommendation was that the City Council Consider a Request From Margarito Albarran as Lessee of the Building Located at 1201 East Long Avenue for a Variance From Section 4 -4 of the City Code Prohibiting the Sale of Alcoholic Beverages Within 300 Feet of Harvest Outreach Church Located at 3407 North Hampton Street. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 29 of 43 (G -17349 Continued) a. BgR2Lt of City Staff Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Margarito Albarran, applicant, 1201 East Long Avenue, appeared before Council in support of Mayor and Council Communication No. G -17349 and stated he was requesting a variance to sell mixed beverages and mixed beverages late hours at the restaurant located at 1201 East Long Avenue. c. Council Action Council Member Espino advised that he would make a motion to deny this item without prejudice because the restaurant was located approximately 290 feet from Harvest Outreach Church located at 3407 North Hampton Street and stated there was neighborhood opposition. He encouraged Mr. Albarran to meet with the Diamond Hill Neighborhood Association as well as Harvest Outreach Church and to provide letters of support if a compromise was reached. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. G -17349 be denied without prejudice. The motion carried unanimously nine (9) ayes to zero (0) nays. < < .:, ........ The recommendation was that the City Council Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Capital Projects Reserve Fund in the Amount of $5,000,000.00, From Available Funds, for the Purpose of Transferring Said Funds to the General Fund to Balance the Fiscal Year 2012 Budget; and Authorize the Transfer of $5,000,000.00 From the Capital Projects Reserve Fund to the General Fund for the Purpose of Balancing the Fiscal Year 2012 Budget. City Secretary Hendrix read the following amendment to Mayor and Council Communication No. G- 17357: Change the Fiscal Information on Mayor and Council Communication No. G -17357 from GG01- 539070 to GG01- 472010 and delete GC10- 472001. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 30 of 43 (G -17357 Continued) Council Member Jordan stated that approval of this item would not impact the execution of any of the proposed capital improvement projects as recommended by the City Manager and would increase the capacity for future bond packages. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17357 be approved as amended and Appropriation Ordinance No. 19895 -09 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 1� I Downtown Million from The recommendation was that the City Council Approve the Final Design of General Worth Square Park; Authorize the City Manager to Waive Fees With Respect to City Permits; and Accept the Donation of Improvements at General Worth Square Park Including the JFK Tribute Valued at $1.215 Million From Downtown Fort Worth Initiatives, Inc. Mayor Price and Council Member Burns expressed appreciation to Mr. Andy Taft, Downtown Fort Worth Initiatives, Inc., and to Taylor and Shirlee Gandy, Co- Chairs, JFK Tribute Committee, for their hard work and assistance on this wonderful donation and park improvement. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. G -17372 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. (PUBLIC Feet from a Protected Use. The recommendation was that the City Council Consider a Waiver Request by Chesapeake Operating, Inc., for a Multiple Gas Well Pad Site Permit for the Salazar Lease Located at 3295 Schadt Avenue, Less Than 600 Feet From a Protected Use. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 31 of 43 (G -17373 Continued) a. BgR2Lt of City Staff Mr. Rick Trice, Assistant Director, Gas Wells, Planning and Development Department, appeared before Council and provided a staff report. Ms. Loretta Haldenwang, Public Affairs Coordinator, Chesapeake Energy Corporation, 100 Energy Way, appeared before Council in support of Mayor and Council Communication No. G -17373 and provided an overview of the waiver request. (Submitted a letter of support from Mr. Ron Shearer, President, Diamond Hill Neighborhood Association.) b. Citizen Presentations Mr. Kenneth Smith, 3264 Hardy Street, appeared before Council in opposition to Mayor and Council Communication No. G -17373 and stated his house was 385 feet from the proposed well site. He further stated that he and his neighbors did not know anything about this proposed well site until recently. He advised he had contacted Chesapeake Energy but no one had returned his phone calls. He stated he made improvements to his property and this proposed well site would considerably decrease his property value. Ms. Haldenwang clarified that Chesapeake Energy Corporation representatives made 12 visits to Mr. Smith's house in an attempt to make contact and had spoken once with Mr. Smith. She advised that Mr. Smith requested a much larger amount of money than any other property owners had received, which was why his offer was not accepted. c. Council Action Council Member Espino advised that 75 percent of the property owners were in support of the proposed well site with at least 1,200 signed leases. He stated that the property owners had the right to have their minerals harvested and stated he would support this item. He encouraged Chesapeake Energy Corporation to work out a compromise with Mr. Smith. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G -17373 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays and one (1) abstention by Council Member Jordan. (PUBLIC Industrial Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 32 of 43 (G -17374 Continued) The recommendation was that the City Council Hold a Public Hearing Concerning the Designation of Tax Abatement Reinvestment Zone No. 74, City of Fort Worth, Texas, for the Property Located at 4601 Gold Spike Drive in the Railhead Industrial Park; and Adopt an Ordinance Designating a Certain Area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number 74, City of Fort Worth, Texas "; Providing the Effective and Expiration Dates for the Zone and a Mechanism for Renewal of the Zone; and Containing Other Matters Related to the Zone, Pursuant to and in Accordance With Chapter 312 of the Texas Tax Code. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Robert Sturns, Economic Development Manager, Housing and Economic 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 Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed and Mayor and Council Communication No. G -17374 be approved and Ordinance No. 19896 -09 -2011 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays and one (1) abstention by Council Member Jordan. ........, Aviation Administration Boulevard and Centrepqrt Drive in Centreport Business (PUBLIC A , The recommendation was that the City Council Hold a Public Hearing Concerning the Designation of Tax Abatement Reinvestment Zone No. 75, City of Fort Worth, Texas for the Property Located at the Intersection of the Future Federal Aviation Administration Boulevard; and Adopt an Ordinance Designating a Certain Area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 33 of 43 (G -17375 Continued) 75, City of Fort Worth, Texas "; Providing the Effective and Expiration Dates for the Zone and a Mechanism for Renewal of the Zone; and Containing Other Matters Related to the Zone, Pursuant to and in Accordance With Chapter 312 of the Texas Tax Code. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. a. e r Mr. Robert Sturns, Economic Development Manager, Housing and Economic 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 Moss made a motion, seconded by Council Member Shingleton, that the public hearing be closed and Mayor and Council Communication No. G -17375 be approved and Ordinance No. 19897 -09 -2011 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Jordan casting the dissenting vote. C. Purchase of Equi�riaent, Materials, and Services 1. M&C P-11287 - Authorize m xc sive Purchase A rcements for Plumbing Repair Services with _O'Gra� Plumbing Co., Romance Plumbing Services, Inca WinTex Mechanical, Concert I �cility Services, L,L,C, Sanders Plumbing Inc., and Jack Scott Plumbing, Inc., for all City Derartments for a Combined Amount of $900,000.00 for the First Year. The recommendation was that the City Council Authorize Non - Exclusive Purchase Agreements for Plumbing Repair Services With O'Grady Plumbing Co., Romance Plumbing Services, Inc., WinTex Mechanical, Concept Facility Services, LLC, Sanders Plumbing, Inc., and Jack Scott Plumbing, Inc., for All City Departments for a Combined Amount of $900,000.00 for the First Year. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. P -11287 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 34 of 43 2. 2 - Authorize a Sole Source Purchase of an Amano McGann Wireless Event EAELing_5Astem from Associated i e and ar i rols for te Municipal Parking Sys em at the Will Rogers Merr►orial Center for an Amount of $113,804.00. The recommendation was that the City Council Authorize a Sole Source Purchase of an Amano McGann Wireless Event Parking System From Associated Time and Parking Controls for the Municipal Parking System at the Will Rogers Memorial Center for an Amount of $113,804.00. Mr. Douglas Harmon, 2222 Winton Terrace East, appeared before Council in opposition to Mayor and Council Communication No. P -11288 and stated that errors in judgment by the City led to the current Cultural District parking policies to be seen as a major problem by the citizens. He stated the parking system was not fair, efficient or smart. He made the following suggestions for a transparent public process: the City should establish a committee for planning the Cultural District parking; review with the public a set of proposed "variable parking rates" to address citizen complaints; review the parking studies used to justify the Western Heritage garage which met the demands of the Stock Show not the demands of the area; the Council should provide a thorough study of future parking needs at Will Rogers Municipal Center; the City should investigate design issues at the Western Heritage Garage entrance and exit on Gendy Street; the Stock Show should help pay for the Western Heritage Garage since it was designed to meet their needs; an unbiased assessment of the impacts of current and future parking fee systems should be conducted; and an unbiased assessment of the parking charges for future events and vendors should be conducted. Mr. Harmon also submitted a copy of his remarks to the City Council. Mayor Price and Mayor Pro tem Zimmerman, and Council Members Jordan, Shingleton and Burns stated that Council and City staff had heard concerns over this matter and were looking at the issues closely. They requested staff expedite the process to have the system installed and working immediately. They stated they were committed to finding a fair and equitable solution and felt they were on the right track. Mayor Price reiterated that approval of this item would provide parking attendants with handheld units that would offer clients the option to pay for the parking fees by either cash or credit card at all entry points of the complex, which would enhance the customer service level. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. P -11288 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 35 of 43 D. Land 1 11111�1111�pi�iiiq�y I as 240 Nursery Lane for Scott-Sunset ... I 1 . Drainage The recommendation was that the City Council Declare That the Negotiations Between the City and the Landowners to Acquire the Permanent Easement Interest in 0.115 Acre and Temporary Easement Interest in 0.085 Acre Owned by Western Related Properties, L.L.C., also Known as 240 Nursery Lane, Block 3, Lot 1R, Deavers Addition, City of Fort Worth, Tarrant County, Texas, Were Unsuccessful Because of the Inability to Agree on a Purchase Price; Declare the Necessity to Take by Condemnation the Subject Property for the Easement Interests Needed for Scott/Sunset Drainage Improvements; Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Easement Interests in the Property; and Authorize the Acceptance and Recording of Appropriate Instruments. It was the consensus of the City Council that Mayor and Council Communication No. L -15242 be continued until the September 20, 2011, Council meeting. 1 Trail Park. (PUBLIC HEARING) The recommendation was that the City Council Complete a Public Hearing Under the Guidelines Set Forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands That was Opened and Continued at the Meeting of August 16, 2011; Find That No Feasible or Prudent Alternatives Exist to the Use of Cobblestone Trail Park as Proposed; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Parkland and Including That the Proposed Use Will Have No Impact on Use of the Surface of Parkland; and Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas: Cobblestone Trail Park, Located at 7601 John T. White, North of John T. White Road, North Terminus of Morrison Drive, Terminus of Bentree Drive, South of Cross Ridge Circle, Terminus of Kelley Court, South of Fresh Springs Road, Terminus of Atascosa Avenue, West of Cooks Lane. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 36 of 43 (L -15243 Continued) a. BgR2Lt of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals appeared before Council in opposition to Mayor and Council Communication No. L -15243 and stated that the drilling in Cobblestone Trail Park would ruin the parkland and would decrease the surrounding property values. They stated that the park was very close to elementary schools, near young families and ball fields. They stated that it was not safe to use the park while drilling was occurring and that chemicals could harm the air, water and soil in the park. They raised questions about where the drilling would occur on the park and requested the Council deny this item. Mr. Matthew Burns, 700 Kelley Court Ms. Rita Vinson, 6216 Dovenshire Terrace Ms. Sonya Milton, 1032 Fox River Lane Mr. Martin Yawnick, 7544 Arbor Park Drive Council Member Scarth advised that many of these questions were addressed in several public information meetings. He stated the drill site would not be located on the park property and the City's ordinance prohibited a drill site on any park property. He pointed out that the harvesting of the minerals would take place approximately 8,000 feet below the surface and any chemicals would be far from the surface of the park. He also advised that to date the park property had not been bid or leased by any companies. He also requested Mr. Creek explain why the parkland must be converted. Mr. Creek stated that conversion of the parkland allowed for the City to start the bidding process to harvest the subsurface minerals as required by the state law. Mr. Richard Zavala, Director, Parks and Community Services Department, advised that conversion of parkland had occurred over 125 times and over 35 parks for pipeline easements since 2000. Mr. Burns asked if the public would have another opportunity to address this item when the property was leased. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 37 of 43 (L -15243 Continued) Ms. Susan Alanis, Assistant City Manager, clarified that if the property was leased then the contract would come back for Council consideration and the public would have the opportunity to provide comments at that time. Mr. Burns asked if the property owners would be notified when the parkland was leased. City Attorney Fullenwider clarified that there was no requirement for the homeowners near the park to be notified when the property was leased. Council Member Scarth stated conversion of parkland had occurred numerous times in the City and was an important way to make improvements to City parks. He requested clarification from Mr. Zavala on how the public was notified about this conversion. Mr. Zavala advised that state law was followed and this item was advertised in the newspaper three (3) times and stated the Parks and Community Services Department, as a courtesy, would notify surrounding property owners when the property was leased. c. Council Action Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton that the public hearing be closed and Mayor and Council Communication No. L -15243 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Hicks casting the dissenting vote. Council Member Espino reiterated that City ordinance prohibited drilling sites on City parkland. Council Member Jordan reiterated that the City required the lease contract come before the City Council for consideration and the public would have the ability to provide comments at that time. Council Member Hicks advised that funds received from leasing of parkland minerals had benefited City parks in District 8 and stated she voted against this item because property owners in the area were opposed to this. She reiterated that the drilling does not take place on the park property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 38 of 43 E. Planning & Zoning 1. M&C PZ-2954 - Adoot Ordinance Vacating a Portion of Weber Street, a Por ti an All ey and a Public Oven Sp cc Easement in W. A. Archers Addition and Morgan Heights Near the Intersection Schwartz Avenue and 32nd Street. The recommendation was that the City Council Adopt an Ordinance Vacating and Extinguishing Portions of a 15 -Foot Wide Alley Right -of -Way and Weber Street Situated in the J. Smith Survey No. 1382, Tarrant County, Texas, According to the Plat of Morgan Heights Addition, an Addition to the City of Fort Worth; and All of a Public Open Space Easement Situated in Lot 1, Block 1 -A of Shoe & Leather Addition, an Addition to the City of Fort Worth, Providing for Reversion of Fee in Said Land; Retainment of Existing Utility Easements; and Waive any and All Purchase Fee Value of the Vacated Land in Accordance With City Policy (M &C G- 15624). Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ -2954 be approved and Ordinance No. 19898 -09 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M &C PZ -2955 -_Approval of Service Plan for the CitymInitiated Annexation of Approximately Eighty Acres of Land Located East of Alta Vista Road and rt h of Wall Price Keller Road. The recommendation was that the City Council Certify and Authorize the City Manager to Approve the Service Plan for the City- Initiated Annexation of Approximately 80 Acres of Land Located East of Alta Vista Road and North of Wall Price Keller Road (Area 15 -2, AX -10 -007). Motion: Council Member Espino made a motion, Mayor and Council Communication No. unanimously nine (9) ayes to zero (0) nays. F. Award of Contract seconded by Council Member Shingleton, that PZ -2955 be approved. The motion carried 1 ............. ............ C ,,,,,,,,, ,,,,,,,,,, ........,. ,,,,,.., ,,,, Drag Boat Nationals at Marine Creek Lake. The recommendation was that the City Council Authorize the Execution of a Contract With the Texas Department of Transportation to Temporarily Close Two (2) Lanes of the Interstate Highway 820 Service Road From 900 -Feet West of Marine Creek Parkway to 500 -Feet Past Marine Creek Lake Beginning Saturday, September 17, 2011, at 6:00 a.m. Through 6:00 p.m. Sunday, September 18, 2011; and Authorize the Execution of a Contract With Quick Water Productions to Temporarily Close Two (2) Lanes of the Interstate Highway 820 Service Road From 900 -Feet West of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 39 of 43 (C -25156 Continued) Marine Creek Parkway to 500 -Feet Past Marine Creek Lake Beginning Saturday, September 17, 2011, at 6:00 a.m. Through 6:00 p.m. Sunday, September 18, 2011. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25156 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. W411 c 1, $333,333.33 from the Storm Watelr Capital Proiects 2009 c c Bond Fund to the Grant Ca it Proiects Fund Towards the Local Match and Adopt Appropriation The recommendation was that the City Council Authorize Acceptance and Execution of a Legislative Pre - Disaster Mitigation Funding Agreement With the Department of Homeland Security, Federal Emergency Management Agency, in an Amount Not to Exceed $1,000,000.00 to Provide Funding for Property Acquisition, Demolition and Reconstruction of the Dewey Street Bridge for the Lebow Channel Roadway Crossings Project; Authorize the Transfer of $333,333.33 From the Storm Water Capital Projects 2009 Bond Fund to the Grant Capital Projects Fund to be Used Towards the Local Match; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects Fund in the Amount of $1,333,333.00, Subject to Receipt of the Grant, for the Purpose of Funding the Project. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25157 be approved and Appropriation Ordinance No. 19899 -09 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 1 Appropriation Ordinances. The recommendation was that the City Council Adopt a Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Environmental Protection Operating Fund in the Amount of $584,987.13, and Decreasing the Unreserved, Undesignated Fund Balance by the Same Amount, for the Purpose of Transferring Said Funds to the Environmental Protection Project Fund for the Excavation, Transportation and Disposal of Contaminated Soil From the Vickery Corridor Portion of the Chisholm Trail Parkway Project; Authorize the Transfer of $584,987.13 From the Environmental Protection Operating Fund to the Environmental Protection Project Fund; Adopt a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 40 of 43 (C -25158 Continued) Supplemental Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Environmental Protection Project Fund, From Available Funds, for the Purpose of Funding the Project; and Ratify Emergency Purchase Order With SWS Environmental Services in the Amount of $584,987.13 for the Project. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -25158 be approved and Supplemental Appropriation Ordinance Nos. 19900 -09 -2011 and 19901-09-2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. c Memorial Center. The recommendation was that the City Council Authorize Execution of a Construction Contract in an Amount Up to $1,534,740.00 Plus $130,235.00 in Contingency and Staff Costs With Standard Parking Corporation, Operating Under the Name of SP Plus, for the Parking Access and Revenue Control System at the Will Rogers Memorial Center. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -25159 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. c �,.,. ................. Kings Circle on Wayne Street and Clarence Street and Adopt Appropriation The recommendation was that the City Council Authorize the Transfer of $1,481,775.00 From the Water and Sewer Fund in the Amounts of $938,395.00 to the Water Capital Projects Fund and $543,380.00 to the Sewer Capital Projects Fund; Adopt an Appropriation Ordinance 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 2005, WSM -J; and Authorize Execution of a Contract in the Amount of $1,379,455.00 With Conatser Construction TX, LP, for Water and Sanitary Sewer Replacement Contract 2005, WSM -J on Austin Lane, From Cottonwood Street to North DeCosta Drive; Cottonwood Street, From Austin Lane to East First Street; North DeCosta Drive, From East First Street to Kings Circle South; Kings Oaks Lane, From North Beach Street to 500 -Feet North of Austin CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 41 of 43 (C -25160 Continued) Lane; Kings Circle North, From Kings Oaks Lane to Kings Circle South; Kings Circle South, From Kings Oaks Lane to 155 -Feet North of Kings Circle North; Wayne Street, From Woodrose Drive to Kings Circle South; and Clarence Street, From Goddard Street to Kings Circle South. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25160 be approved and Appropriation Ordinance No. 19902 -09 -2011 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. M&C C-25161 - Authorize tract in the Amount of $4,065 895.00 with e acv Contracting, LP d /h /a Control Specialist Services, LP, for the Rolling Fulls Water Treatment Plant - Phase 5 Chemical Facilities Improvements Located at the Rolling Hills Water Treatment Plant. The recommendation was that the City Council Authorize the Execution of a Contract With Legacy Contracting, LP d /b /a Control Specialist Services, LP, for the Rolling Hills Water Treatment Plant - Phase 5 Chemical Facilities Improvements, Located at the Rolling Hills Water Treatment Plant in the Amount of $4,065,895.00. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25161 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Shingleton left his place at the dais.) � I The recommendation was that the City Council Authorize the Execution of a Contract in the Amount of $1,249,597.00 With Conatser Construction TX, LP, for Water and Sanitary Sewer Main Relocations for the Trinity River Vision - Central City Project and the Trinity Uptown Service Area Phase 1 - Bridge and Channel Relocations, Part 1 Henderson Street Bridge Water and Sanitary Sewer Relocations. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25162 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Shingleton absent. (Council Member Shingleton returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 42 of 43 I 1 I 1. Hearing on Proposed Fiscal Year 2011 -2012 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance Mayor Price read the following into the record: On September 20, 2011, at 10:00 a.m., in this Council Chamber, this Council will vote on a proposed property tax rate of $0.8550 on every one hundred dollars valuation on all property, real, personal and mixed, situated in and all personal property owned in the City of Fort Worth on the first day of January, 2011, subject to taxation under the law and not exempt there from by the Constitution and laws of the State of Texas. This hearing will allow all tax proponents and opponents an opportunity to present their views. 1. Report of City Staff Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. 2. Citizen Presentations Mr. Jay Helm, 8361 Whippoorwill, Chief Financial Officer, YMCA Metropolitan Fort Worth, appeared before Council in opposition to the City Manager's proposed FY 2011 -2012 Budget and stated that the funding for the YMCA Fort Worth had been cut from $72,000.00 to zero (0) in the proposed FY 2011 -2012 budget. He stated that the funds helped support the early childhood development center in the Butler Housing District and several after school programs. He stated that the YMCA had a great relationship with the City and always provided assistance when necessary. He requested that the funding be re- evaluated by the Council. Council Member Espino stated he recalled that the Council requested staff review the budget and restore this funding. He stated he agreed that the YMCA had been a great community partner. Mr. Don Klick, 8450 Trace Ridge Parkway, appeared before Council in opposition to the City Manager's proposed FY 2011 Budget and stated Dallas Fort Worth area home prices had dropped by four (4) percent and foreclosures accounted for five (5) percent of all properties on the market. He stated that the Code Compliance Department should not be adding employees during such tough economic times and pointed out that a number of the proposed new policies and services were an invasion of privacy, such as pet licensing and submittal of renter information. Mr. Jerome Mosman, 7616 Ripple Creek Court, Executive Director, Senior Citizen Services of Greater Tarrant County, appeared before Council in opposition to the City Manager's proposed FY 2011 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 13, 2011 PAGE 43 of 43 (XV. BUDGET HEARING Continued) Budget and stated funding for the management of the 14 Senior Centers in the City was cut from the proposed FY 2011 -2012 budget. He stated that senior centers provided support, healthcare, independence and living a life of dignity for older adults. He provided names of other area cities that had allocated funding for Senior Center management in their FY 2011 -2012 budget and encouraged the Council to restore the funding. 3. Council Action Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton, that the budget hearing and the tax rate public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS Ms. Brenda Scruggs, 8132 Hosta Way, appeared before Council and stated that she and her husband were being harassed by the Police Department. She stated that she requested assistance from the City Manager's Office but had not received any response. She requested the Police Department be investigated on this matter. Mr. James Patterson, 264 Palomino Drive, Saginaw, Texas 76179, completed a citizen presentation card and was recognized by Mayor Price, but was not present in the Council Chamber. XVIIL ADJOURNMENT There being no further business, the meeting was adjourned at 9:09 p.m. These minutes approved by the Fort Worth City Council on the 201h day of September, 2011. Attest: Marty Hen rix City Secretary Approv —� e sy Price M