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HomeMy WebLinkAbout2012/03/20-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Absent: Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:20 a.m., on Tuesday, March 20, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burns absent. II. INVOCATION - Imam Mouiahed Bakhach, Islamic Association of Tarrant The invocation was provided by Imam Moujahed Bakhach, Islamic Association of Tarrant County. c c The Pledge of Allegiance was recited. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 2 of 32 CONSIDERATION c MARCH Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the Minutes of the regular meeting of March 6, 2012, be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. City Manager Higgins requested that Mayor and Council Communication No. C -25495 be withdrawn from the Consent Agenda. I 1 1 c I 913 1 11 City Manager Tom Higgins requested that the stand -alone Forty- Eighth Supplemental Concurrent Bond Ordinance authorizing one or more series of Dallas/Fort Worth International Airport Joint Revenue Bonds, be continued until the March 27, 2012, Council meeting and Mayor and Council Communication No. G -17540 be withdrawn from consideration and replaced with Mayor and Council Communication No. G -17540 (Revised). 1� Motion: Council Member Scarth made a motion, seconded by Council Member Hicks, that the Consent Agenda be approved as amended. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. A. General - Consent Items 1. M &C G -17541 - Adont Ordinance Amending Chanter 7 "Buildings" of the Cit Code to Require Appeals to District Court to Be Trial De Novo for Appeals of Appeals Board Decisions of Building Standards Commission Orders and Removing the Mandatory Requirement to Demolish Foundations Pursuant to Demolition Permits. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 20104 -03 -2012 amending Chapter 7 "Buildings" of the City of Fort Worth by revising Section 7 -108 to change the standard of review to trial de novo for appeals from Appeals Board decisions; amending Chapter 7 "Buildings" of the Code of the City of Fort Worth by revising Section 7 -222 to eliminate the requirement to remove the foundation and concrete slab pursuant to a moving or demolition permit. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 3 of 32 2. M &C G -17542 - Approve Retroactive Extension of Iniury Leave -of- Absence Pay Benefits in the Amount of $19,323.20 for Police Officer Lisa Ramsey Beginning January 2, 2012 through July 4, 2012. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a six (6) month Extension of Injury Leave -of- Absence pay benefits in the amount of $19,323.20 for Police Officer Lisa Ramsey retroactively beginning January 2, 2012, through July 4, 2012. 3. M &C G -17543 - Accept Donation from the U. S. Domestic Nuclear Detection Office for Radiation Detection Equipment Valued at Approximately $169,662.93 for Use by the Police Department's Emergency Preparedness Incident Command Unit and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Accept a donation from the U. S. Domestic Nuclear Detection Office for the following equipment for use by the Police Department's Emergency Preparedness Incident Command Unit: Seven (7) ICX identiFINDER NGH RID Kits and 71 D -tect mini rad -D Personal Radiation Detectors valued at approximately $169,662.93; and adopt Appropriation Ordinance No. 20105 -03 -2012 increasing the estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $169,662.93, upon receipt of the equipment, for the purpose of protecting against radiological /nuclear material in the North Texas region. 4. M &C G -17544 - Adopt Ordinance Appointing Raquel D. Brown as a Municipal Judge for a Two Year Term Commencing April 1, 2012 and Ending March 311 2014 to Fill a Vacant Municipal Judge Position. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 20106 -03 -2012 appointing Raquel D. Brown as Municipal Judge for a two (2) year term commencing April 1, 2012, and ending March 31, 2014, or until a successor is qualified and appointed in accordance with state law. B. Purchase of Equipment, Materials, and Services - Consent Items - None C. Land - Consent Items 1. M &C L -15334 - Authorize the Acquisition of a Fee Simple Interest in a Total of 0.90 Acres of Land for Right -of -Way, an Easement Interest in a Total of 0.11 Acres of Land for One Permanent Drainage Facility Easement, and 0.044 Acres of Land for One Variable Width Permanent Drainage Easement for the Ray White Road Improvement Project Near the Shiver and Ray White Road Intersection from Lazy F. Inc., and Quadrant North Tarrant Partners, Ltd., for $138,300.00 and Pay the Estimated Closing Costs of $8,000.00 in the Amount of $146,300.00 and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 4 of 32 The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20107 -03 -2012 increasing the estimated receipts and appropriations in the Transportation Public Works Gas Well Revenue Fund in the amount of $146,300.00, from available funds, for the purpose of covering the acquisition of two (2) fee simple interests and one (1) permanent drainage facility easement and one (1) viable width permanent drainage easement; authorize the acquisition of fee simple interests in a total of 0.90 acre of land for right -of -way, an easement interest in a total of 0.11 acre of land for two (2) permanent drainage facility easements, and 0.044 acre of land for one (1) variable width permanent drainage easement located at 8501 Ray White Road and described as Eli W. Shriver, Abstract No. 1455, for the Ray White Road Improvement Project near the Shiver and Ray White Road Intersection from Lazy F., Inc., and Quadrant North Tarrant Partners, Ltd.; find that the total purchase price of $138,300.00 is just compensation; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and to pay the estimated closing costs up to $8,000.00. 2. M &C L -15335 - Authorize the Acquisition of a Fee Simple Interest in 0.465 Acres of Land for Right -of -Way Located in the J.R. Knight Survey, Abstract 902, Tract 1CO2, on the Southwest Corner of Alta Vista and Keller Hicks Road, from Hillwood Residential Services, LP, in the Amount of $60,765.00 and Pay Estimated Closing Costs Not to Exceed $2,500.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.465 acre of land for right -of -way located in the J.R. Knight Survey, Abstract 902, Tract 1CO2, on the southwest corner of Alta Vista and Keller Hicks Road, Fort Worth, Texas, from Hillwood Residential Services, LP; find the price of $60,765.00 offered for the purchase of the right -of -way is just compensation; and authorize the City Manager or his designee to accept the conveyance, record the appropriate instruments and to pay estimated closing costs not to exceed $2,500.00. D. Planning & Zoning - Consent Items 1. M &C PZ -2970 - Adopt Ordinance Vacating Two Alleys Located Between Third Street and Fourth Street and a Public Open Space Easement at the Intersection of Third Street and Main Street. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Ordinance No. 20108 -03 -2012 vacating and extinguishing two (2) ten foot wide alley rights -of -way located between Third Street and Fourth Street and one (1) public open space easement at the intersection of Third Street and Main Street situated in the M. Baugh Survey, Abstract No. 106, City of Fort Worth, and located in Blocks 50 and 52, original Town of Fort Worth, an Addition to the City of Fort Worth, Tarrant County, Texas; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 5 of 32 E. Award of Contract - Consent Items 1. M &C C -25486 - Authorize Execution of an Encroachment Agreement with Castle Peak Homes III, LP, for the Construction of Three Paved Parking Spaces at 2632 Lubbock Avenue Encroaching onto the Prairie Avenue Right -of -Way. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of a standard Encroachment Agreement with Castle Peak Homes HI, LP, for the construction of three (3) paved parking spaces at 2632 Lubbock Avenue proposed to encroach onto the Prairie Avenue right -of -way. 2. M &C C -25487 - Authorize Expenditure in the Amount of $245,460.00 in Community Development Block Grant - Recovery Funds with Bradley Douglas Construction Services, LLC, for Construction of Sidewalks in Community Development Block Grant - Eligible Areas and Authorize Execution of Related Construction Contract. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize expenditure in the amount of $245,460.00 in Community Development Block Grant - Recovery Funds with Bradley Douglas Construction Services, LLC, for construction of the Sidewalk Infrastructure Project, Phase III; and authorize the City Manager to execute a contract with Bradley Douglas Construction Services, LLC, for this project to be completed in 150 days. 3. M &C C -25488 - Authorize Change of Use and Expenditure of $300,000.00 of HOME Investment Partnerships Program Grant Funds to Sphinx Development Corporation or its Designated Affiliate, in the Form of an Interim Loan for Harmon Villas, a Multifamily Housing Development to Be Located at 9592 Harmon Road, Authorize Execution of a Conditional Commitment and Contract, Authorize Substantial Amendment to the City of Fort Worth's 2009 -2010 and 2010 -2011 Action Plans and Substitution of Funding Years and Adopt Resolution Supporting the 2012 Low Income Housing Tax Credit Application for the Development. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize a substantial amendment to the City of Fort Worth's 2009 -2010 and 2010 -2011 Action Plans; authorize substitution of current and prior funding years in order to meet commitment, disbursement and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development; authorize change in use and expenditure of $300,000.00 in prior years HOME Investment Partnerships Program Grant funds to the Sphinx Development Corporation or its designated affiliate, in the form of a interim repayment loan for the development of Harmon CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 6 of 32 Villas; authorize the City Manager or his designee to execute a Conditional Commitment with the Sphinx Development Corporation or its designated affiliate, for a interim repayment loan that conditions funding on the completion of the Environmental Review, satisfactory completion of HOME requirements, and among other things, receipt of Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs; authorize the City Manager or his designee to execute a HOME contract with Sphinx Development Corporation or its designated affiliate, for the development for a term beginning on the date of execution of the contract and ending on the date the 20 year affordability period expires; authorize the City Manager or his designee to extend or renew the Conditional Commitment or the contract for up to one (1) year if Sphinx Development Corporation requests an extension and such extension is necessary for completion of the development; authorize the City Manager or his designee to amend the Conditional Commitment or the Contract if necessary to achieve project goals provided that the amendment is within the scope of the development and in compliance with City policies and applicable laws and regulations governing the use of federal grant funds; and adopt Resolution No. 4068 -03 -2012 supporting the 2012 Low Income Housing Tax Credit application for the Harmon Villas Apartments. 4. M &C C -25489 - Authorize Change of Use and Expenditure in the Amount of $368,000.00 of HOME Investment Partnerships Program Grant Funds to Miller Valentine Group or its Designated Affiliate, in the Form of an Interim Loan for the Reserve at Western Center, a Multifamily Housing Development to Be Located at Western Center Boulevard and Blue Mound Road, Authorize Execution of a Conditional Commitment and Contract, Authorize Substantial Amendment to the City of Fort Worth's 2009 -2010 and 2010 -2011 Action Plans and Substitution of Funding Years and Adopt Resolution Supporting the 2012 Low Income Housing Tax Credit Application for the Development. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize a substantial amendment to the City of Fort Worth's 2009 -2010 and 2010 -2011 Action Plans; authorize substitution of current and prior funding years in order to meet commitment, disbursement and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development; authorize Change in Use and Expenditure in the amount of $368,000.00 in prior years HOME Investment Partnerships Program Grant funds to the Miller Valentine Group or its designated affiliate, in the form of a interim repayment loan for the development of the Reserve at Western Center; authorize the City Manager or his designee to execute a Conditional Commitment with the Miller Valentine Group or its designated affiliate, for a interim repayment loan that conditions funding on completion of the Environmental Review, satisfactory completion of HOME requirements, and among other things, receipt of Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs; authorize the City Manager or his designee to execute a HOME Investment Partnerships Program Contract with the Miller Valentine Group or its designated affiliate, for the development of a term beginning on the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 7 of 32 date of execution of the contract and ending on the date the 20 year affordability period expires; authorize the City Manager or his designee to extend or renew the Conditional Commitment or the Contract for up to one year if Miller Valentine Group requests an extension and such extension is necessary for completion of the development; authorize the City Manager or his designee to amend the Conditional Commitment or the contract if necessary to achieve project goals provided that the amendment is within the scope of the development and in compliance with City of Fort Worth policies and applicable laws and regulations governing the use of Federal Grant Funds; and adopt Resolution No. 4069 -03 -2012 supporting the 2012 Low Income Housing Tax Credit application for the Reserve at Western Center Apartments. 5. M &C C -25490 - Authorize Execution of an Engineering Services Agreement with Halff Associates, Inc., in the Amount of $125,002.00 for the Preparation of Plans, Specifications and Construction Estimates for Intersection Capacity Improvements Proiects at Three Locations, Western Center Boulevard at North Beach Street, South Hulen Street at Granbury Road, and West Cleburne Road at Columbus Trail. (COUNCIL DISTRICTS 3, 4 and 6) The City Council approved the following recommendation: Authorize execution of an Engineering Services Agreement with Halff Associates, Inc., in the amount of $125,002.00 for the preparation of plans, specifications and construction estimates for intersection capacity improvement projects at three (3) locations: Western Center Boulevard at North Beach Street, South Hulen Street at Granbury Road, and West Cleburne Road at Columbus Trail. 6. M &C C -25491 - Authorize Execution of a Contract with the Texas Department of Transportation and Quick Water Productions for Temporary Closure of Interstate Highway 820 Service Road from 900 Feet West of Marine Creek Parkway to 500 Feet Past Marine Creek Lake Beginning Saturday, September 8, 2012 through Sunday, September 9, 2012, for the Fort Worth Drag Boat Nationals at Marine Creek Lake. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: 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 8, 2012, at 6:00 a.m. through 6:00 p.m. Sunday, September 9, 2012; and authorize the execution of a contract with Quick Water Productions for the temporary closesure of the Interstate Highway 820 service road for the Fort Worth Drag Boat Nationals at Marine Creek Lake. 7. M &C C -25492 - Authorize Execution of an Engineering Agreement with Kasper /Graham & Associates, Inc., d /b /a Graham Associates, Inc., in the Amount of $305,969.00 for the Design of the Shore View Drive Culvert Improvements. (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 8 of 32 The City Council approved the following recommendation: Authorize execution of an Engineering Agreement with Kasper /Graham & Associates, Inc., d /b /a Graham Associates, Inc., in the amount of $305,969.00 for the design of the Shore View Drive Culvert Improvements. 8. M &C C -25493 - Authorize Execution of an Engineering Services Agreement with Kimley -Horn and Associates, Inc., in the Amount of $475,600.00 for the Design of Old Decatur Road from WJ Boaz Road to McLeroy Boulevard Utilizing Funds from the 2008 Bond Program to Provide for Design, Proiect Management and Design Review for a City Proiect Total of $508,600.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize execution of an Engineering Services Agreement with Kimley -Horn and Associates, Inc., in the amount of $475,600.00 for the design of Old Decatur Road from WJ Boaz Road to McLeroy Boulevard utilizing funds from the 2008 Bond Program to provide for design, project management and design review for a City project total of $508,600.00. 9. M &C C -25494 - Authorize Execution of an Engineering Agreement with HDR Engineering, Inc., in the Amount of $270,126.00 for the Design of Pennsylvania Avenue from Tenth Street to West Cannon Street. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of an Engineering Agreement with HDR Engineering, Inc., in the amount of $270,126.00 for the design of Pennsylvania Avenue from Tenth Street to West Cannon Street. 11. M &C C -25496 - Authorize Execution of a Stormwater Facility Maintenance Agreement with SHG Resources, LP, for Property Located on Lot 2 -R, Block 2, Medical Centre Addition. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of a Stormwater Facility Maintenance Agreement with SHG Resources, LP, for property located on Lot 2 -R, Block 2, Medical Centre Addition at no expense to the City. 12. M &C C -25497 - Authorize Amendment No. 1 to Citv Secretary Contract No. 35728 with CourtView Justice Solution in the Amount of $121,025.00 for the Design and Installation of an Automated Interface to Retrieve Electronic Citation Data from the City of Fort Worth's Pocket Citation System for Case Initiation. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Amendment to City Secretary Contract No. 35728 with CourtView Justice Solutions for the installation of eCitation CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 9 of 32 Exchange with Review Queue and Image Handling interface to provide an interface between the Police Department's Pocket Citation System that produces electronic citations at an initial cost of $121,025.00. 13. M &C C -25498 - Adopt Resolution Authorizing an Increase of $200,000.00 in the Maximum Amount to Be Paid to S.G. Johndroe, III and the Law Firm Cantey Hanger, LLP, as Outside Counsel in the Alliance Airport Runway Extension Proiect to an Amount Not to Exceed $500,000.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Adopt Resolution No. 4070 -03 -2012 authorizing an increase of $200,000.00 in the maximum amount to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, as outside counsel in the Alliance Airport Runway Extension Project in an amount not to exceed $500,000.00. 14. M &C C -25499 - Authorize Execution of an Encroachment on Easement Agreement with Atmos Energy for the Installation of a Fire Lane by FTWFBO, LLC as Lessee and Texas Jet, Inc. as Sub - Lessee on an Existing Atmos Energy Easement in the Vicinity of 4709 North Main Street at Fort Worth Meacham International Airport. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of an Encroachment on Easement Agreement with Atmos Energy for the installation of a fire lane by FTWFBO, LLC as Lessee and Texas Jet, Inc., as Sub - Lessee on an existing Atmos Energy easement in the vicinity of 4709 North Main Street at Fort Worth Meacham International Airport. 15. M &C C -25500 - Authorize Acceptance of Grant Amendment No. 2 to City Secretary Contract No. 35315 from the Texas Department of Transportation Increasing the Sponsor's Share for the Perimeter Road Construction Proiect at Meacham International Airport by $601,966.00, Authorize Use of Revenue Derived from Gas Leases in the Amount of $601,966.00 for the Additional Grant Match and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize acceptance of Grant Amendment No. 2 to City Secretary Contract No. 35315, from the Texas Department of Transportation increasing the sponsor's share for the Perimeter Road Construction Project at Meacham International Airport in the amount of $601,966.00; authorize use of existing revenue derived from gas leases on City owned airport properties in the amount of $601,966.00 for the additional amount required to meet the City's match; adopt Appropriation Ordinance No. 20109 -03 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund, from available funds, for the purpose of the construction project; authorize transfer of $601,966.00 from the Airports Gas Lease Project Fund to the Airports Grant Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 10 of 32 and adopt Appropriation Ordinance No. 20110 -03 -2012 increasing the estimated receipts and appropriations in the Airports Grant Fund, from available funds, for the purpose of the construction project, subject to execution of the Grant Agreement Amendment. 16. M &C C -25501 - Authorize Execution of a Contract with Burnsco Construction, Inc., in the Amount of $714,475.90 for Water and Sanitary Sewer Replacement Contract 2005, WSM -L, Part 1, on Park Hill Drive from Shirley Avenue to Colonial Parkway and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the transfer of $792,475.90 from the Water and Sewer Operating Fund in the amount of $778,252.00 to the Water Capital Projects Fund and in the amount of $14,223.90 to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20111 -03 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from the transferred funds from the Water and Sewer Fund, for the purpose of a Water and Sanitary Sewer Replacement Contract; adopt Appropriation Ordinance No. 20112 -03 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from the transferred funds from the Water and Sewer Fund, for the purpose of a Water and Sanitary Sewer Replacement Contract; and authorize execution of a contract with Burnsco Construction, Inc., in the amount of $714,475.90 for Water and Sanitary Sewer Replacement Contract 2005, WSM -L, Part 7. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS -1844 - Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. E. Award of Contract - Removed from Consent Agenda for Individual Consideration 10. M &C C -25495 - Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $455,825.00 for the Design of the Riverside Drive Bridge at Fossil Creek. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize execution of an Engineering Agreement with Freese and Nichols, Inc., in the amount of $455,825.00 for the design of the Riverside Bridge Drive at Fossil Creek. Mr. Tom Burke, President, Stone Glen at Fossil Creek Neighborhood Association, 6521 Stone Creek Trail, appeared before Council in opposition to Mayor and Council Communication No. C- 25495. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 11 of 32 Council Member Scarth expressed appreciation to Mr. Burke and the neighborhood for their involvement on this project and stated that he understood the concerns. He stated that the road was necessary and that the neighborhood would have input on signage, commercial truck traffic and speed limit enforcement. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25495 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. Mayor Price recognized Municipal Court Judge Raquel D. Brown in the audience and stated she was appointed as a Municipal Court Judge by Mayor and Council Communication No. G- 17544, which was approved on the Consent Agenda. �Mil 111, 111, � I ; 1 1. Certificate of R�Tqg ,4��ion for Outst4poqg Act of Heroism , ., Department Worth Police Deputy Chief Rhonda Robertson, Police Department, presented Certificates of Recognition for Outstanding Act of Heroism to LaDarius and LaDarian Martin. She stated that the two brothers, ages 9 and 10, witnessed a burglary in progress in east Fort Worth. She further stated that one of the suspects noticed his identity had been compromised as he and his accomplice were leaving with stolen property and handed both brothers $100.00 each as "hush money ". She advised that the young men were taught by their mother and grandmother, "right from wrong" and provided a true account to the responding officers. She also pointed out that the young men returned the money to the burglary victims. She advised that one of the young men was later assaulted for telling the Police about the burglary. She stated that warrants were issued and two suspects were apprehended and charged for the burglary and added that warrants were also issued for the assault on the witness. c 6 1. Uncomin2 and Recent Events Council Member Espino congratulated Judge Brown on her appointment and wished her continued success. He also announced that the Cesar Chavez Committee would hold a march on March 31, 20012, and encouraged those interested to contact Dennis Reese at 817 -501 -5341. He also encouraged the City Manager to invoke a City holiday in honor of Mr. Chavez and stated that Tarrant County and the State of Texas also observed a Cesar Chavez holiday. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 12 of 32 Council Member Scarth announced that he attended one of the final days of the Welcome Home Hero program. He recognized District 4 resident Ms. Pat Brown and stated she had welcomed home soldiers nearly every week for the past six years. He expressed appreciation to Ms. Brown for her dedication to the Nation's heroes and stated he was sad to see the program end. Council Member Shingleton announced that the Naval Air Station Joint Reserve Base would be conducting Anti - Terrorism Training and Security exercises this week and advised that traffic delays could be expected along with additional fly -overs in the area. Mayor Price announced that the Joe's Run, benefitting the Samaritan House would be held on March 24, 2012, and encouraged everyone to attend. She also announced that the weekly Wednesday bicycle rides would resume and continue through the fall. 2. Recognition of Citizens There were no citizens recognized at this time. There were no changes in membership on Boards and Commissions. c c 1 r 1 ....... ,,,,,,,,, ,,,,,,,, w Mr. Brandon Bennett, Director, Code Compliance Department introduced Mr. Carlos Flores, Chair, Building Standards Commission. Mr. Flores provided a brief summary of the Building Standards Commission activities over the past year, including high points, future goals, projects and challenges. (Provided PowerPoint presentation.) Council Member Espino expressed appreciation to the Mr. Flores and all members of the Building Standards Commission for their service to the community. 2. R02 t by the Fort Worth Commission for Women Ms. Ossana Hermosillo, Housing and Economic Development introduced Ms. Melissa Mitchell, Chair, Fort Worth Commission for Women. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 13 of 32 Ms. Mitchell provided a brief summary of the Fort Worth Commission for Women activities over the past year, including high points, future goals, projects and challenges. Council Member Shingleton expressed appreciation to Ms. Mitchell and all members of the Fort Worth Commission for Women for their service to the community and for their work on the reduction of infant mortality in the City. XIII. RESOLUTIONS Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Resolution No. 4071 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 2. A ResolutioR..APPOPI*P-9...Vir4ncisco He,"andez to the Dallas-Fort Worth international Airport Board Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Resolution No. 4072 -03 -2012 be adopted as amended to change the expiration term to January 31, 2016. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 3. A Resolution Apvointin2 Lillie Bi2 ins to the Dallas-Fort Airport Board of Directors, Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Resolution No. 4073 -03 -2012 be adopted as amended to change the expiration term to January 31, 2016. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. I � IN 1 It was the consensus of the City Council that the Forty- Eighth Supplemental Concurrent Bond Ordinance authorizing one or more series of Dallas/Fort Worth International Airport Joint Revenue Bonds, be continued until the March 27, 2012, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 14 of 32 MANAGER XV. REPORT OF THE CITY A. Benefit Hearing - None B. General It was the consensus of the City Council that Mayor and Council Communication No. G -17540 be withdrawn from consideration and replaced with G -17540 (Revised). 2. M&C G-17540 - (Revised) Conduct a Public Hearing and Adopt Ordinance 1 Decatur Road as Tax Abatement Reinvestment Zone No. 81, Citv of Fort Worth, Texas. 1 (PUBLIC The recommendation was that the City Council conduct a public hearing concerning the designation of property in the vicinity of Northwest Loop 820 and Old Decatur Road as Tax Abatement Reinvestment Zone No. 81, City of Fort Worth, Texas; and adopt an Ordinance designating a certain area in the City of Fort Worth as Tax Abatement Reinvestment Zone No. 81, City of Fort Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code. a. Report of City Staff 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 Espino made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. G -17540 (Revised) be approved and Ordinance No. 20113 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council approve the applications from multiple property owners for verification of the Historic Site Tax Exemption for 1400 Fairmount Avenue, 1728 Ransom Terrace, 1704 Sixth Avenue, 2000 Alston Avenue, 1317 Alston Avenue, 1507 Alston Avenue, 1710 Sixth Avenue, 1945 Chatburn Court, 1939 Hurley Avenue, 1906 South Henderson Street, 1701 Alston Avenue, 1207 West Richmond Avenue, 1415 South Lake Street, 2340 Lipscomb Street, 3627 Mount Vernon Avenue, 1405 Fairmount Avenue and 312 West Cannon Street. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17545 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 4 Authorize Countv for Reimbursement in the Amount of to the City for Tarrant Counly Cost Participation Related to the Trinity River Vision-Central City Project. (COUNCIL DISTR[CTS 2 and 9) The recommendation was that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for reimbursement in the amount of $1,500,000.00 to the City for Tarrant County cost participation related to the Trinity River Vision - Central City Proj ect. Mayor Price expressed appreciation to Tarrant County for their continued support of the Trinity River Vision - Central City Project. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17546 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. G-17547 - Adopt Resolution Ratifying and Approving the Retention of Outside Legal Counsel to Represent the City in Matters Related to the AMR B; 1. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 16 of 32 The recommendation was that the City Council adopt a Resolution ratifying and approving the retention of Peter C. Lewis and the law firm of Scheef & Stone, L.L.P. as outside legal counsel to represent the City in matters related to the AMR bankruptcy. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17547 be approved and Resolution No. 4074 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. Authorize North A 1 1 �, t ,, ,,,,,,,,, Board, Dallas I (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize execution of a Supplemental Agreement regarding North Airport Drilling Commitment in the lawsuit styled Dallas/Fort Worth International Airport Board, City of Fort Worth, and City of Dallas vs. Chesapeake Exploration, LLC, Cause No. 153- 237052 -09, in the 153rd Judicial District of Tarrant County, Texas. 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. Mr. Gary Hogan, 2117 Rolling Creek Run, submitted a comment card in opposition to Mayor and Council Communication G- 17548. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17548 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Council Member Burns absent. G-17�49�-,Adqp Resolution App _qipting Jarod Cox as Trustee to Place 9 aft . ....... ....... . the Citv of Fort Worth EmDlovees' Retirement Fund. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt a Resolution appointing Jarod Cox as Trustee to Place 9 on the Board of Trustees of the City of Fort Worth Employees' Retirement Fund, to fill the remainder of an unexpired term ending on August 31, 2013. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 17 of 32 Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17549 be approved and Resolution No. 4075 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. l Appropriation Ordinance in the Amount $1,678,346.00 for Fiscal Year 2011 Year End Budget Unaudited, Unassigned General Fund Balance Amount. LALL DISTRICTS) COUNCIL The recommendation was that the City Council adopt a Supplemental Appropriation Ordinance increasing the estimated receipts and appropriations in the General Fund in the amount of $1,678,346.00 and decreasing the unaudited, unassigned General Fund balance by the same amount, for the purpose of finalizing the Fiscal Year 2011 budget. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G -17550 be approved and Supplemental Appropriation Ordinance No. 20114 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. Authorize Statements to Dissolve the Trust Advisory Council and Establish a Gas Lease Revenue Trust and Adont Resolution. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt a Resolution dissolving the Trust Advisory Council for the Fort Worth Permanent Fund; and authorize amendment of the Financial Management Policy Statements to establish a Gas Lease Revenue Trust Fund with oversight from the City of Fort Worth Chief Financial Officer. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17551 be approved and Resolution No. 4076 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. ..Prdinance No. 19558-02-2011 Designating A� No. 72, Citv of Fort Worth, Texas. . .......... ................., ........, ........., 1� CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 18 of 32 The recommendation was that the City Council adopt an Ordinance repealing Ordinance No. 19558 -02 -2011 designating Tax Abatement Reinvestment Zone No. 72, City of Fort Worth, Texas, for property located at 3715 NE 28th Street and 3650 Kimbo Road. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17552 be approved and Ordinance No. 20115 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 11. M&C G-17553 - Authorize Acceptance of Monetary Donations from Quicksilver Resources Inc. and XTO E e Inc., in the Amount of 500.00 for the Purchase of Fitness Equipment - for Fire Station No. 2 and Adopt Suppjemental Appropriation Ordinance. (COUNCIL DISTRI The recommendation was that the City Council authorize acceptance of monetary donations in the amount of $1,500.00 from Quicksilver Resources, Inc., and $2,000.00 from XTO Energy, Inc.; adopt a Supplemental Appropriation Ordinance increasing the estimated receipts and appropriations in the General Fund in the amount of $3,500.00, subject to receipt of monetary donations from Quicksilver Resources, Inc., and XTO Energy, Inc., for the purpose of purchasing fitness equipment for Fire Station No. 2; and authorize purchase of fitness equipment in accordance with City of Fort Worth regulations and state laws. Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17553 be approved and Appropriation Ordinance No. 20116 -03 -2012 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Council Member Burns absent. .� ... .............. i , i , i , l�� , ill , 11� , i i 11�rr� v: ........... 1 The recommendation was that the City Council adopt an update to the City -wide Aquatic Master Plan 2008; and adopt update as an amendment to the Park, Recreation and Open Space Master Plan and the City of Fort Worth's Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 19 of 32 Ms. Dorothy DeBode, 5713 Humbert Avenue, completed a speaker card in opposition to Mayor and Council Communication No. G -17554 and was recognized by Mayor Price, but was not present in the Council Chamber. Council Member Espino expressed appreciation to the Parks and Community Services Advisory Board, City staff, City Council and the public for their work on this project and the important issue of swimming pools in the City. Council Member Jordan also expressed appreciation to the Parks and Community Services Advisory Board and citizens who participated in this project. He stated that he had concerns relative to budget limitations and stated that he would like to see this Master Plan and the approval of construction of any pools be delayed until the overall budget has been reviewed. He further stated that there was currently a $40M budget gap and there were other needs that should also be considered. He advised that he would not support this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17554 be approved. The motion carried 6 ayes to 2 nays, with Mayor Pro tem Zimmerman and Council Member Jordan opposed and Council Member Burns absent. Donation DISTRICT of a Tot Lot PI The recommendation was that the City Council authorize the acceptance of a donation from CVS Pharmacy, Inc., of an installed Tot Lot Playground valued at $40,090.00 for Rosemont Park. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17555 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. C. Purchase of Equipment, Materials, and Services - None D. Land ............. ........................................... ., . ...., . 1 The recommendation was that the City Council approve an amendment to the Lincolnshire Park Natural Gas Lease Agreement with Chesapeake Exploration, LLC, in the amount of $20,299.18 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 20 of 32 for inclusion of an additional 5.757 acres, more or less, of recently purchased property under the same terms and conditions as the Lincolnshire Park natural gas lease. 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 Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L -15336 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Council Member Burns absent. A 1 Interest in 0.462 Acres 1 6 Avenue ............. DISTRICT Hodge. (COUNCIL The recommendation was that the City Council declare that negotiations between the City, its agents, subagents and the landowner to acquire a combined total of approximately 0.462 acre of land owned by Spencer Hodge and known as a portion of 1609 Brennan Avenue, Block 4, Lots, 22D1 and 30 -31, of the Diamond Hill Addition, City of Fort Worth, Tarrant County, Texas, according to the Deed recorded in Volume 8784, Page 241 and Instrument No. D200247475, Plat Records, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement to purchase; declare the necessity to take by condemnation the subject property for the Lebow Channel Drainage Project; authorize the City Attorney to institute condemnation proceedings to acquire fee - simple interest in the surface estate, but not the mineral estate of the property; authorize payment pursuant to an award of commissioners; authorize the acceptance and recording of appropriate instruments; and authorize payment of relocation expenses for occupants of residential and /or commercial properties acquired through condemnation by eminent domain as required by Senate Bill 18. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L -15337 be approved and the Fort Worth City Council authorize for the Lebow Channel Drainage Improvements Project the use of the power of eminent domain to acquire a 0.462 acre tract of land for the Lebow Channel Drainage Improvements out of Block 4, Lots 22D1 and 30- 31, Diamond Hill Addition, also known as 1609 Brennan Avenue, to alleviate flooding in multiple neighborhoods on the north side of Fort Worth. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 3. M&C L-15338 - Authorize Condemnation I Interest . ....... �. ................ 1 Bett DraWilliamson. (COUNCIL inage CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 21 of 32 The recommendation was that the City Council declare that negotiations between the City, its agents, subagents and the landowner to acquire a combined total of approximately 1.0060 acre of land, owned by Betty J. Williamson, and known as 3051 -3061 Hardy Street, Block 40, Lots, 7- 12 and the strip of land west of Lots 7 -12, of the Morgan Heights Addition, City of Fort Worth, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement on a price and other terms; declare the necessity to take by condemnation the subject property for the Lebow Channel Drainage Project; authorize the City Attorney to institute condemnation proceedings to acquire fee simple interest in the surface estate, but not the mineral estate of the property; authorize payment pursuant to an award of commissioners; authorize the acceptance and recording of appropriate instruments; and authorize payment of relocation expenses for occupants of residential and /or commercial properties acquired through condemnation by eminent domain as required by Senate Bill 18. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L -15338 be approved and that the Fort Worth City Council authorize for the Lebow Channel Drainage Improvements Project, the use of the power of eminent domain to acquire a 1.0060 acre tract of land for the Lebow Channel Drainage Improvements out of Block 40, Lots 7 -12, Morgan Heights Subdivision and the strip of land west of Lots 7 -12, Morgan Heights Subdivision, to alleviate flooding in multiple neighborhoods on the north side of Fort Worth. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 4 Authorize . ,,,,,,, c: ,, ,,,,,,,,, .,..,,. ,,,,,,,, ,,ci Drainage Ir DISTRICT The recommendation was that the City Council declare that negotiations between the City, its agents, subagents and the landowner to acquire a combined total of approximately 1. 171 acre of land owned by Betty J. Williamson and known as 3101 -3109 and 3106 Hardy Street, Block 6, Lots, 7 -12 and Block 7, Lots 3 -5, respectively, of the Shoe and Leather Company's Addition, City of Fort Worth, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement on price and other terms; declare the necessity to take by condemnation the subject property for the Lebow Channel Drainage Project; authorize the City Attorney to institute condemnation proceedings to acquire fee simple interest in the surface estate, but not the mineral estate of the property; authorize payment pursuant to an award of commissioners; authorize the acceptance and recording of appropriate instruments; and authorize payment of relocation expenses for occupants of residential or commercial properties acquired through condemnation by eminent domain as required by Senate Bill 18. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 22 of 32 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L -15339 be approved and that the Fort Worth City Council authorize for the Lebow Channel Drainage Improvements Project the use of the power of eminent domain to acquire a 1.171 acres tract of land for the Lebow Channel Drainage Improvements out of Block 6, Lots 7 -12 and Block 7, Lots 3 -5, Shoe and Leather Company's Addition, also known as 3101- 3109 and 3106 Hardy Street, respectively, to alleviate flooding in multiple neighborhoods on the north side of Fort Worth.,. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. E. Planning & Zoning - None F. Award of Contract The recommendation was that the City Council authorize the execution of a Tax Abatement Agreement pursuant to the City of Fort Worth's Relocation Incentives Policy with Commercial Metals Company for the construction of a metal recycling facility and various other commitments on property located in the vicinity of Northwest Loop 820 and Old Decatur Road; and approve the waiver of certain related development fees pursuant to the City of Fort Worth's Relocation Incentives Policy. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25475 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. Council Member Espino advised that this business was relocated due to the Trinity River- Central City Vision Project. He provided a brief history of this business and explained the various challenges associated with finding an appropriate industrial location for these kinds of businesses. He also encouraged City staff to develop a plan for the future to widen all of Old Decatur Road from Loop 820 to Marine Creek Parkway, as well as, Angle Avenue. Council Member Scarth expressed appreciation to Council Member Espino, City staff and citizens for their work on this project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 23 of 32 The recommendation was that the City Council authorize execution of a construction contract with Standard Parking Corporation d/b /a SP Plus, in the amount of $1,766,535.59 including $78,471.82 in allocation allowance; and authorize Amendment No. 1 to City Secretary Contract No. 42224 for construction administration services in the amount of $46,000.00 with Dunaway Associates, LP, for the landscaping, paving and Pedestrian Enhancements to serve the Gendy Street Phase II Project at Will Rogers Memorial Center. The recommendation was that the City Council authorize execution of a Memorandum of Understanding and, if necessary, a Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC, outlining responsibilities and processes for utility relocations required by the Trinity River Vision - Central City project. Council Member Jordan requested clarification of whether this was a memorandum of understanding or an actual contract. Mr. Randle Harwood, Director, Planning and Development Department, clarified that this item was a memorandum of understanding and the agreement would be between Tarrant Regional Water District (TRWD) and Oncor and pointed out that the City would support that contract. He stated that the $3M was the overall project cost. He also advised that there were no appropriations coming from the City at this time. Peter Vaky, Deputy City Attorney, Law Department, advised that there was some discrepancy between the City and Oncor over who would be responsible for various utility relocations. He stated that this agreement was a result of a settlement and the relocation of the utilities would be CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 24 of 32 paid by the City and the costs would be reimbursed by TRWD and in return Oncor agreed to certain concessions that were important to the TRWD and the Trinity River — Central City Vision. He further clarified that the $3M would be reimbursed to the City. Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25502 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Council Member Burns absent. The recommendation was that the City Council authorize execution of a contract with McClendon Construction Company, Inc., in the amount of $1,980,373.85 for the Second Phase of the West Berry Streetscape Improvements Project from Waits Avenue to just west of University Drive contingent upon receipt of the West Berry -Grand Marc Sustainable Development grant reimbursement per M &C G- 15244; authorize the execution of an Interlocal Agreement with the Fort Worth Transportation Authority outlining funding, project design, bidding services and construction responsibilities for new transit passenger landings along West Berry Street; authorize acceptance of an $11,183.00 non -grant contribution from the Fort Worth Transportation Authority for this second phase of the West Berry Streetscape Improvements Project; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund, from available funds, for the second phase of the project; and amend M &C G -15992 to reduce Texas Christian University's local match in kind contribution amount by $139,101.00, rescind estimated receipts and appropriations as approved in recommendation No. 1 of M &C G- 15992, and maintain their monetary funds contribution towards the local match. Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25503 be approved and Appropriation Ordinance No. 20117 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 25 of 32 t 1 1 The recommendation was that the City Council authorize execution of an Enhanced Community Facilities Agreement with Keystone Equity Partners, LLC, with reimbursement from the City of Fort Worth in an amount not to exceed $750,000.00 for the reconstruction of Old Decatur Road from Loop 820 to the southern boundary of the proposed Commercial Metals Company site. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25504 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council authorize the transfer of $837,343.12 from the Water and Sewer Fund in the amounts of $675,641.90 to the Water Capital Projects Fund (Project No. 00951, $424,227.80, Project No. 00952, $251,414.10) and $161,701.22 to the Sewer Capital Projects Fund (Project No. 00951, $111,420.25, Project No. 00952, $50,280.97); adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $675,641.90, from available funds and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $161,701.22, from available funds, for the purpose of funding pavement reconstruction, water and sanitary sewer main replacement for Kearney Avenue, Loraine Street NW, Menefee Avenue, NW Loraine Street to NW 35th Street, Grayson Avenue to Robinson Street, Azle Avenue to NW 35th Street, Damon Avenue, Holden Street, McLemore Avenue, Murphy Street, North Chandler to North Riverside Drive, Race Street to North Chandler Drive, and Blandin Street to North Riverside Drive; for the purpose of funding pavement reconstruction; and authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $2,927,612.50 for pavement reconstruction, water and sanitary sewer main replacement for the streets indicated. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 26 of 32 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25505 be approved and Appropriation Ordinance Nos. 20118 -03 -2012 and 20119 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council authorize the transfer of $1,238,693.00 from the Water and Sewer Fund in the amounts of $716,549.00 to the Water Capital Projects Fund and $522,144.00 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $716,549.00, from available funds and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $522,144.00, from available funds, for the purpose of funding pavement reconstruction, water and sanitary sewer main replacement for Chickering Avenue from Southwest Boulevard (SH 183) to Angus Drive, Weyburn Drive from Selkirk Drive to Selkirk Drive, and Marks Place from Vickery Boulevard to Southwest Boulevard (SH 183); and authorize execution of a contract with Conatser Construction TX, L.P, in the amount of $2,829,690.10 for the project. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25506 be approved and Appropriation Ordinance Nos. 20120 -03 -2012 and 20121 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 27 of 32 $251,115.00 from available funds, for the purpose of funding pavement reconstruction and water main replacement for Illinois Avenue, Leuda Street, May Street, Marion Avenue, Mulkey Street, E. Terrell Avenue to E. Pulaski Street, St. Louis Street to S. Jennings Avenue, W. Cannon Street to W. Terrell Avenue, South Fwy SR -NB- to Evans Avenue, and S. Jones Street to South Fwy SR -SB; and authorize the execution of a contract with Jet Underground Utilities, Inc., in the amount of $1,042,000.00 for the project. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25507 be approved and Appropriation Ordinance No. 20122 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 1 BMW The recommendation was that the City Council authorize execution of an Engineering Agreement with Freese and Nichols, Inc., in the amount of $1,598,450.00 for the design of East Rosedale Street from Miller Avenue to U.S. Highway 287. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25508 be approved, with appreciation. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 10. M&C C-25509 - Authorize Execution of a Contract with JLB Contr40mg,,,.LLC tn and ..1.,.. .., 1 .n ....... ............................. ................ DO ,. The recommendation was that the City Council authorize execution of a contract with JLB Contracting, LLC, in the amount of $1,185,492.76 for pavement, sidewalks, water, street lights, and drainage improvements along Thompson Road from North Riverside Drive to Flowertree Drive. This project will be paid for through the Transportation Public Works Gas Well Revenues Fund to provide for construction contract costs, contingencies and construction services for a total project cost of $1,349,642.76. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25509 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 28 of 32 12. M&C C-25511 - Authorize Execution of a Utility..Relocation Reimbursement Agreement with Owest Communications Com an LLC, in an Amount Not to ..... ....................... ........ V ..... Yl . .................................................... Exceed,$1,274 12.5 Miles of Fiber Optic Line as Part of the ........... .............. ......................................... Runway Extension Proiect at Fort Worth Alliance Airport. (COUNCIL DISTRICT 2) The recommendation was that the City Council authorize the execution of a Utility Relocation Reimbursement Agreement with Qwest Communications Company, LLC, in an amount not to exceed $1,274,844.51 as required for relocating 12.5 miles of fiber optic line as part of the Runway Extension Project at Fort Worth Alliance Airport. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C-25511 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 13. M&C C-25512 - Authorize Execution of a Contract witk.WyJgbt. Construction Comp 65 a ....... �l���4,,f(�r,Watelrllanldl,$"nliltary,,Sewer- Relocation on State Hi 4way ........................................... 9 ... A I +,,, Part, from, I 'Cham'Dion'sh'i'D ... Parkway ... to- Interstate Highway 35W. (COUNCIL DISTRIC The recommendation was that the City Council authorize execution of a contract with Wright Construction Company, Inc., in the amount of $1,265,893.84 for Water and Sanitary Sewer Relocation on State Highway 114, Part I from Championship Parkway to Interstate Highway 35W. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 29 of 32 Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -25512 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The recommendation was that the City Council authorize transfer of $2,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund, from available funds, for the purpose of executing a contract with Thos. S. Byrne, Ltd. to design and build an Enhanced Neighborhood Family Aquatic Center at Marine Park; and authorize execution of a Design -Build Contract in the guaranteed maximum price in the amount of $3,225,905.00 with Thos. S. Byrne, Ltd., for the Neighborhood Family Aquatic Center at Marine Park. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. C -25513 be approved and Appropriation Ordinance No. 20123 -03 -2012 be adopted. The motion carried 7 ayes to 1 nay, with Council Member Jordan opposed and Council Member Burns absent. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 1. Second Public Hearing for a Proposed Service Plan for Approximately 4 Acres of Land in Tarrant Counly, Located South of Wall Price Keller Road and West of US Highway 377 LAX-I 1-009 Annexation Area a. Rer)ort of City Staff Ms. Beth Knight, Senior Planner, Planning and Development Department appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 30 of 32 b. Citizen Comments There was no one present desiring to be heard in connection with the public hearing. C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. XVIL ZONING HEARING 1 ; t - Victor Lopez, 3602 North Grove Street; from: "jill Heavy Industrial to: 1 Develop plus glass recycling, site plan included. (Recommended for Approval) from a Previous Meeting) The City Council at its regular meeting on March 6, 2012, continued Zoning Docket No. ZC -11 -101. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -101 be continued until the April 3, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on February 28, 2012. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. 1� c 1 1 c Council Member Espino requested the applicant or representative clarify the plans for screening and landscaping on the property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 31 of 32 Mr. Christopher Bonilla, 8540 Charleston Avenue, appeared before Council in support of Zoning Docket SP -12 -002, and advised the entire property would be screened with fencing along Decatur Avenue. He also pointed out that the portion of the property that was adjacent to Decatur Avenue would be planted with new trees. Council Member Espino pointed out that the screening fence and landscaping would be improvements to the current state of the property. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. SP -12 -002 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. Mr. J.D. Granger, completed a speaker card in favor of Zoning Docket No. ZC -12 -030 and was recognized by Mayor Price, but was not present in the Council Chamber. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -12 -030 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Espino made a motion, seconded by Council Member Hicks, that the hearing be closed and that Ordinance No. 20124 -03 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. XVIII. CITIZEN PRESENTATIONS Ms. Suzette Watkins, representing No Kill Fort Worth, 1801 Bomar Avenue, appeared before Council relative to a shelter dog nicknamed "Rex" being deprived of reasonable care. She stated the dog was to be adopted but had to be held for seven extra days due to a microchip in hopes CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 20, 2012 Page 32 of 32 that the owner would retrieve the dog. She advised that during the time at the shelter, the dog was not given the necessary medication for epilepsy and the dog died. She encouraged the City to provide the proper care to all animals that are rescued. (Also displayed a No Kill Fort Worth flyer and photograph of "Rex ".) XIX. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 11:36 a.m. These minutes approved by the Fort Worth City Council on the 27`x' day of March, 2012. Attest: M dry 116 City Secretary