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HomeMy WebLinkAbout2012/07/17-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Present: Mayor Betsy Price (Arrived at 10:29 a.m.) Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Absent: Council Member Frank Moss, District 5 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Pro tern Zimmerman called the regular session of the Fort Worth City Council to order at 10:00 a.m., on Tuesday, July 17, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Price and Council Members Moss and Burns absent. II. INVOCATION - Reverend Ralph W. Emerson, Jr. - Rising Star Baptist Church The invocation was provided by Reverend Ralph W. Emerson, Jr. - Rising Star Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF CAI:.LED- SPECIAL MEETING AND REGULAR MEETING OF JULY 10 2012 Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that the Minutes of the Regular Meeting of July 10, 2012, and the Minutes of Called Special Meeting of July 10, 2012, be approved. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 2 of 22 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication Nos. P- 11398, P -11405 and C -25742 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. P -11398 be continued until the July 24, 2012, Council meeting that Mayor and Council Communication No. P -11405 be continued until the August 14, 2012, Council meeting and Mayor and Council Communication No. C -25657 be continued until the August 7, 2012, Council meeting. VII. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the Consent Agenda be approved as amended. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. A. General - Consent Items G -17629 - Authorize Additional Payment of $50,000.00 to the Fiscal Year 2012 Retired Employees' Group Death Benefit Fund for Payments of Retiree Death Benefits Per City Code. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an additional payment of $50,000.00 to the Fiscal Year 2012 Retired Employees' Group Death Benefit Fund to pay for retiree death benefits in accordance with Section 2 -229 of the City Code. 2. M &C G -17630 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Silver West, Inc d /b /a Silver West Limousines, to Operate Twenty -Two Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: the public necessity and convenience require the operation of 22 limousines upon the City streets, alleys and thoroughfares; Silver West, Inc., d/b /a Silver West Limousines, is qualified and financially able to conduct a limousine service within the City; Silver West, Inc., d/b /a Silver West Limousines, has complied with the requirements of Chapter 34 of the City Code; Silver West, Inc., d/b /a Silver West Limousines, presented facts in support of compelling demand and necessity for 22 limousines; and the general welfare of the citizens of the City will best be served by the addition of 22 limousines upon City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 3 of 22 streets, alleys and thoroughfares; adopt Ordinance No. 20284 -07 -2012 granting the privilege of operating authority to Silver West, Inc., d/b /a Silver West Limousines, for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of 22 limousines for a one (1) year period beginning on the effective date, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 3. M &C G-17631 - Authorize Acceptance of a Grant in the Amount of $8,000.00 from Tarrant County College for the Fire Department, Educational and Support Services Division and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of a grant in the amount of $8,000.00 from Tarrant County College; and adopt Appropriation Ordinance No. 20285 -07 -2012 increasing the estimated receipts and appropriations in the Special Trust Fund, subject to receipt of a grant from Tarrant County College, for the purpose of funding the Texas State Technical Institute Firefighter Apprenticeship Program. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11396 - Authorize Reiection of All Proposals Received for Computer Software Training and Authorize a Professional Services Agreement Under a Cooperative Contract with New Horizons Computer Learning Centers, Inc., for Computer Software Training Using a General Services Administration Contract in the Amount Up to $75,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the rejection of all proposals received for computer software training due to proposals not meeting the request for proposal requirements; and authorize a professional services agreement with New Horizons Computer Learning Centers, Inc., for computer software training using a General Services Administration Cooperative Contract No. GS- 35F -0140J in the amount up to $75,000.00 for the first year. 2. M &C P -11397 - Authorize Rejection of All Proposals Received for Correctional and General Jail Services (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the rejection of all proposals received for correctional and general jail services, Request for Proposal No. 12 -0078 Correctional Services and Request for Proposal No. 12 -0079 General Services. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 4 of 22 4. M &C P -11399 - Authorize Purchase Agreements with Austin Ribbon & Computer Supplies, Inc., and Southern Computer Warehouse, Inc., for Computer Peripheral Equipment, Parts, Maintenance and Related Services for the Information Technology Solutions Department in a Combined Amount Up to $200,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase agreements with Austin Ribbon & Computer Supplies, Inc., and Southern Computer Warehouse, Inc., for computer peripheral equipment, parts, maintenance and related services, using cooperative contracts for the Information Technology Solutions Department in a combined amount up to $200,000.00 for the first year. 5. M &C P -11400 - Authorize Purchase of Two Roll Off Trucks from The Around the Clock Freightliner Group, LLC, Using a Cooperative Contract for the Code Compliance Department in the Amount of $297,978.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of two (2) roll off trucks from The Around the Clock Freightliner Group, LLC, using the Texas Smart Buy Cooperative Contract No. 072 -A1 for the Code Compliance Department in the amount of $297,978.00. 6. M &C P -11401 - Authorize Purchase of Seven Backhoe Loaders from Holt Texas LTD. d /b /a Holt Cat, Using a Cooperative Contract for the Parks and Community Services, Transportation and Public Works and Water Departments in the Amount of $707,794.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of seven (7) backhoe loaders from Holt Texas, LTD., d/b /a Holt Cat, using the Texas Association of School Boards Cooperative Contract Number 345 -10 for the Parks and Community Services, Transportation and Public Works and Water Departments in the amount of $707,794.00. 7. M &C P -11402 - Authorize Purchase of a Front Loader from RDO Equipment Co., Using a Texas Association of School Boards Cooperative Contract for the Water Department in the Amount of $158,488.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a front loader from RDO Equipment Co., for the Water Department, using the Texas Association of School Boards Cooperative Contract No. 345 -10, in the amount of $158,488.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 5 of 22 8. M &C P -11403 - Authorize Purchase Agreement with Iteris, Inc., for Traffic Control Video Systems Using a TxSmartBuy Cooperative Contract in the Amount Up to $79,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Iteris, Inc., for the Transportation and Public Works Department, for traffic control video systems using TxSmartBuy Cooperative Contract No. 550 -A2 in the amount up to $79,000.00 for the first year. 9. M &C P -11404 - Authorize Purchase of Nine Zero Turn Propane Mowers from Zimmerer Kubota & Equipment, Inc., Using a Cooperative Contract for the Parks and Community Services Department in the Amount of $129,090.51 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of nine (9) zero (0) turn propane mowers from Zimmerer Kubota & Equipment, Inc., using the Houston - Galveston Area Council Cooperative Contract Number GRO1 -12 for the Parks and Community Services Department in the amount of $129,090.51. C. Land - Consent Items 1. M &C L -15397 - Authorize Direct Sale of a Tax - Foreclosed Property Located at 1158 Evans Avenue to Louis Anderson in the Amount of $2,550.98 in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the direct sale of a tax - foreclosed property located at 1158 Evans Avenue, described as Lot 55, Block 5, Evans South Addition, to Louis Anderson in the amount of $2,550.98, in accordance with Section 34.05 of the Texas Tax Code; and authorize the execution and recording of the appropriate instruments conveying the property to complete the sale. 2. M &C L -15398 - Authorize Direct Sale of a Tax - Foreclosed Property Located at 1820 South Cravens Road to Fort Worth Housing Finance Corporation in the Amount of $33,332.86 in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the direct sale of a tax - foreclosed property located at 1820 South Cravens Road, described as Lot 6, Block S, Carver Heights Addition, to the Fort Worth Housing Finance Corporation in the amount of $33,332.86, in accordance with Section 34.05 of the Texas Tax Code; and authorize the execution and recording of the appropriate instruments conveying the property to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 171) 2012 Page 6 of 22 3. M &C L -15399 - Authorize Acquisition of an Easement Interest in 1.910 Acres of Land for Five Permanent Sewer Facility Easements and 0.703 Acres of Land for Four Temporary Construction Easements Located at 4301 Timberview Drive and 4508 Enon Road from Timberview Golf Club, Inc., in the Amount of $125,000.00 and Authorize Payment of Estimated Closing Costs in the Amount Up to $6,000.00 for a Total Cost in the Amount of $131,000.00 (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Approve the acquisition of an easement interest in 1.910 acres of land for five (5) permanent sewer facility easements and 0.703 acre of land for four (4) temporary construction easements located at 4301 Timberview Drive, described as Block 2, Timberview Gold Club Addition and 4508 Enon Road, described as Lot, Block 1, Timberview Gold Club Addition, from Timberview Golf Club, Inc.; find that the total negotiated amount of $125,000.00 for the five (5) permanent sewer facility easements and the four (4) temporary construction easements is just compensation; and authorize the acceptance and recording of appropriate instruments and payment of the estimated closing costs in the amount up to $6,000.00. 4. M &C L -15400 - Authorize Acquisition of a Fee Simple Interest in 0.454 Acres of Land for Right -of -Way, an Easement Interest in 0.242 Acres of Land for a Temporary Construction Easement and an Easement Interest in 0.005 Acres of Land for Public Open Space for Public Open Space at the Southwest Corner of North Beach Street and Shiver Road from Grace Presbytery, Inc., for the Widening of North Beach Street from Vista Meadows Drive to Shiver Road for the Negotiated Amount of $84,117.00 and Pay Estimated Closing Costs in the Amount Up to $3,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.454 acre of land for right -of -way, an easement interest in 0.242 acre of land for a temporary construction easement and an easement interest in 0.005 acre of land for public open space at the southwest corner of North Beach Street and Shiver Road, described as Abstract No. 1611, Tract 1D, Charles C. Whyte Survey, from Grace Presbytery, Inc., for the widening of North Beach Street from Vista Meadows Drive to Shiver Road for the negotiated amount of $84,117.00 and pay estimated closing costs in the amount up to $3,000.00; and authorize the acceptance of the conveyances, record the appropriate instruments and pay the purchase price in the amount of $84,117.00 and the estimated closing costs in the amount up to $3,000.00. 5. M &C L -15401 - Accept Dedication of Approximately 8.503 Acres of Unimproved Parkland from Lewisville 7 Partners, Ltd., for Deer Meadow Park (COUNCIL DISTRICT 8) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 7 of 22 The City Council approved the following recommendation: Accept the dedication of approximately 8.503 acres of unimproved parkland, described as a 8.503 acre tract of land situated in the Hiram Little Survey, Abstract No. 930, and being a portion of that tract of land as described by Deed to Lewisville 7 Partners, Ltd., from Lewisville 7 Partners, Ltd., in accordance with the Neighborhood and Community Park Dedication Policy for Deer Meadow Park. D. Planning & Zoning - Consent Items 1. M &C PZ -2981 - Adopt Ordinance Vacating a Portion of an Unnamed Street Near the Intersection of East 12th Street and Riverside Drive (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Adopt Ordinance No. 20286 -07 -2012 vacating and extinguishing a portion of an unnamed 30 foot wide right -of -way lying east of Lot 10, Block 2, Lincoln Place, located near the intersection of East 12th Street and Riverside Drive in the City of Fort Worth, Tarrant County, Texas, containing approximately 2,603 square feet or 0.060 acre of land; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). Mr. Charles Clawson, 6219 Lake Ridge Road, Arlington, Texas 76016, completed a speaker card in support of Mayor and Council Communication No. PZ -2981, but did not wish to address the Council. E. Award of Contract - Consent Items 1. M &C C -25717 - Authorize Execution of a Contract for Receipt of the Amount Including Interest, with the United States Equal Employment Opportunity Commission in the Amount Up to $66,500.00 to Process Employment Discrimination Cases for Fiscal Year 2012 for the Human Relations Unit of the City Manager's Office and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract with the United States Equal Employment Opportunity Commission (EEOC) and accept funds in the amount up to $66,300.00; authorize the use of anticipated interest in the amount up to $200.00; and adopt Appropriation Ordinance No. 20287 -07 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $66,500.00, subject to execution of contract and receipt of funds from the EEOC, for the purpose of processing employment discrimination cases for Fiscal Year 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 8 of 22 2. M &C C -25718 - Authorize Change in Use and Expenditure in the Amount of $45,000.00 in Homelessness Prevention and Rapid Rehousing Funds and Authorize Execution of Contract with Catholic Charities of Fort Worth to Award Funds (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the substantial amendment to the City's 2008 -2009 Action Plan regarding the change in use in the amount of $45,000.00 in funds for the Homelessness Prevention and Rapid Rehousing Program; authorize the execution of a contract with Catholic Charities of Fort Worth for a term beginning June 18, 2012, to July 21, 2012, in the amount of $45,000.00 from available Homelessness Prevention and Rapid Rehousing Program funds; and authorize the amendment of contracts, if necessary, to achieve program goals provided that the amendment is within the scope of the program and in compliance with applicable laws and regulations governing the use of federal grant funds. 3. M &C C -25719 - Authorize Execution of Change Order No. 2 to Citv Secretar Contract No. 39700 with McClendon Construction Company, Inc., in the Amount of $62,361.61 for Pavement Reconstruction, Water and Sewer Replacement on Portions of Ash Crescent Street, Irma Street, Montague Street and Morningside Drive for a Total Revised Contract in the Amount of $2,177,703.81 (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of Change Order No. 2 in the amount of $62,361.61 to City Secretary Contract No. 39700 with McClendon Construction Company, Inc., revising the total contract in the amount of $2,177,703.81 for pavement reconstruction, water and sewer replacement on portions of Ash Crescent Street, Irma Street, Montague Street and Morningside Drive. 4. M &C C -25720 - Authorize Execution of a Construction Contract with Standard Parking Corporation d /b /a SP Plus, in the Amount of $436,235.22 to Install Upgraded Technology and Reconfigure Traffic Flow at the Commerce Street Parking Garage (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a contract with Standard Parking Corporation d/b /a SP Plus in the amount of $436,235.22 to install upgraded technology and reconfigure traffic flow at the Commerce Street Parking Garage. 5. M &C C -25721 - Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $76,219.00 for Design of the Central Arlington Heights - Ashland Drainage Improvements (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 9 of 22 The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Freese and Nichols, Inc., in the amount of $76,219.00 for design of the Central Arlington Heights - Ashland Drainage Improvements. 6. M &C C -25722 - Authorize Execution of Change Order No. 4 to City Secretary Contract No. 29110 -A7 with Johnson Controls, Inc., in the Amount of $211,584.00 for a Total Contract Amount of $3,397,949.00 for the Energy Savings Performance Contract at Selected City -Owned Facilities (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of Change Order No. 4 to City Secretary Contract No. 29110 -A7 with Johnson Controls, Inc., in the amount of $211,584.00 for a total contract amount of $3,397,949.00 for the Energy Savings Performance Contract at selected City -owned facilities. 7. M &C C -25723 - Authorize Execution of Change Order No. 7 to Citv Secretar Contract No. 40539 with S.J. Louis Construction of Texas, Ltd., in the Amount of $98,577.71 for Water, Sewer, Storm Drainage and Associated Pavement Repair on Harley Avenue and Crestline Drive Resulting in a Total Contract in the Amount of $4,872,257.65 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Change Order No. 7, which adjusts final quantities related to water and sewer construction for a net change of $98,577.71 to City Secretary Contract No. 40539 with S.J. Louis Construction of Texas, Ltd., thereby revising the total contract in the amount of $4,872,257.65. 8. M &C C -25724 - Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $898,432.90 for Hot Mix Asphaltic Concrete Surface Overlay 2012 -13 at Various Locations (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of a contract with JLB Contracting, LLC, in the amount of $898,432.90 for 120 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2012 -13 at various locations. 9. M &C C -25725 - Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $966,118.25 for Hot Mix Asphaltic Concrete Surface Overlay at Various Locations (COUNCIL DISTRICTS 8 and 9) The City Council approved the following recommendation: Authorize the execution of a contract with JLB Contracting, LLC, in the amount of $966,118.25 for 120 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2012 -16 at various locations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 10 of 22 10. M &C C -25726 - Authorize Execution of Job Order Contract Services Contracts with The Mark IV Construction Group, LLC, and LEMCO Construction Services, L.P., for Fixed Unit Price, Indefinite Delivery of Building Renovation and Construction Services for the Transportation and Public Works Department, Facilities Management Division (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a job order contract services contract with The Mark IV Construction Group, LLC, for construction services for minor construction and renovation projects for the term of one (1) year with options to renew for four (4) additional one (1) year periods at the City's option with the aggregate amount of work orders not to exceed $1,500,000.00 during any one (1) year term; and authorize the execution of a job order contract services contract with LEMCO Construction Services, LP, for construction services for minor construction and renovation projects for the term of one (1) year with options to renew for four (4) additional one (1) year periods at the City's option with the aggregate amount of work orders not to exceed $1,500,000.00 during any one (1) year term. 11. M &C C -25727 - Authorize Execution of Amendment No. 2 with Halff Associates, Inc., to City Secretary Contract No. 42021, in the Amount of $25,300.00 to an Engineering Agreement for Engineering Services for Litsey Road from Independence Parkway to Cleveland -Gibbs Road Resulting in a Total Contract in the Amount of $418,500.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Amendment No. 2 to City Secretary Contract No. 42021 with Halff Associates, Inc., in the amount of $25,300.00, resulting in a total contract in the amount of $418,500.00. 12. M &C C -25728 - Authorize Execution of an Engineering Agreement with Kimlev- Horn and Associates, Inc., in the Amount of $453,700.00, for the Design of Old Decatur Road from McLeroy Boulevard to Longhorn Road (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Kimley -Horn and Associates, Inc., in the amount of $453,700.00 for the design of Old Decatur Road from McLeroy Boulevard to Longhorn Road. 13. M &C C -25729 - Authorize Execution of a Construction Contract with R.L.P. Mechanical Contractors, Inc., in the Amount of $194,500.00 to Replace the Boiler System at the Public Safety Building (COUNCIL DISTRICT 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 11 of 22 The City Council approved the following recommendation: Authorize the execution of a contract with R.L.P. Mechanical Contractors, Inc., in the amount of $194,500.00 to replace the boiler system at the Public Safety Building. 14. M &C C -25730 - Authorize Execution of an Engineering Agreement with Stream Water Group, Inc., in the Amount of $304,484.00 for the Design of the Verna Trail Drainage Improvements Project (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Stream Water Group, Inc., in the amount of $304,484.00 for the design of the Verna Trail Drainage Improvements Project. 15. M &C C -25731 - Authorize Execution of a Contract with C. Green_ Scaping, L.P. in the Amount of $244,047.00 for Landscape and Pedestrian Enhancements Along West Rosedale Street from Lipscomb to South Jennings Streets and Authorize Use of an Additional Amount of $88,953.00 for Related Contingencies and City and Consultant Construction Services for a Total Project Cost of $333,000.00 (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a contract with C. Green Scaping, L.P., in the amount of $244,047.00 for landscape and pedestrian enhancements along West Rosedale Street between Lipscomb and South Jennings Streets; and authorize the use of an additional amount of $88,953.00 for related project contingencies and City and Consultant Construction Services. 16. M &C C -25732 - Authorize Change Order No. 1 with Tri -Tech Construction, Inc., in the Amount of $140,006.50 to City Secretary Contract No. 42413 for the Westcreek Drainage Improvements (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize execution of Change Order No. 1 with Tri-Tech Construction, Inc., in the amount of $140,006.50 to City Secretary Contract No. 42413, thereby, revising the total contract amount to $1,336,928.00. 17. M &C C -25733 - Authorize Execution of a Construction Contract in the Amount of $131,942.00 Plus $13,558.00 in Contingency with All -Fair Electric, Inc., to Upgrade the Sound System in the Cowtown Coliseum (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a construction contract in the amount of $131,942.00 plus $13,558.00 in contingency with All -Fair Electric, Inc., to upgrade the sound system in the Cowtown Coliseum. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 179 2012 Page 12 of 22 18. M &C C -25734 - Authorize Execution of an Amendment No. 1 to City Secretary Contract No 41971, a Grant Agreement with the Texas Department of Transportation, Aviation Division, in the Amount of $34,540.00 for Construction Phase Services Associated with Phase II of Airfield Improvements at Spinks Airport, Authorize Use of Mineral Lease Revenue in the Amount of $3,454.00 for the Grant Match, and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the acceptance of Amendment No. 1 to City Secretary Contract No. 41971, a grant agreement with the Texas Department of Transportation, Aviation Division, in the amount of $34,540.00 for Phase II of Airfield Improvements at Spinks Airport; authorize the use of revenue derived from gas well drilling on City owned airports in the amount of $3,454.00 to provide for the City's 10 percent grant match; adopt Appropriation Ordinance No. 20288 -07 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund, from available funds, for the purpose of construction phase services for Phase II of Airfield Improvements at Spinks Airport; authorize the transfer of $3,454.00 from the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's 10 percent match; and adopt Appropriation Ordinance No. 20289 -07 -2012 increasing the estimated receipts and appropriations in the Airports Grant Fund, from available funds, for the purpose of the improvements, subject to receipt of the grant. 19. M &C C -25735 - Authorize Execution of an Engineering Agreement with Tank Industry Consultants, Inc., in the Amount of $99,800.00 for the Armstrong Ranch Elevated Storage Tank Rehabilitation Proiect Located at 7200 Trail Lake Drive (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Tank Industry Consultants, Inc., in the amount of $99,800.00 for the Armstrong Ranch Elevated Storage Tank Rehabilitation Project located at 7200 Trail Lake Drive. 20. M &C C -25736 - Authorize Execution of an Engineering Agreement with Kellogg Brown & Root Services, Inc., in the Amount of $153,610.00 for the Eastwood Elevated Storage Tank Rehabilitation Proiect Located at 4256 Strong Avenue (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Kellogg Brown & Root Services, Inc., in the amount of $153,610.00, for the Eastwood Elevated Storage Tank Rehabilitation Project located at 4256 Strong Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 13 of 22 21. M &C C -25737 - Authorize Execution of an Engineering Agreement with Neel - Schaffer, Inc., in the Amount of $90,927.00 for the Fleetwood Ground Storage Tank Rehabilitation Project Located at 15201 FAA Boulevard (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Neel- Schaffer, Inc., in the amount of $90,927.00, for the Fleetwood Ground Storage Tank Rehabilitation Project located at 15201 FAA Boulevard. 22. M &C C -25738 - Authorize Execution of a Contract with Jackson Construction, Ltd., in the Amount of $566,876.00 for the Construction of the Reclaimed Water Main Extension Along American Boulevard (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of a contract with Jackson Construction, Ltd., in the Amount of $566,876.00, for the construction of the reclaimed water main extension along American Boulevard. 23. M &C C -25739 - Authorize Execution of Amendment No. 5 to Citv Secretar Contract No. 29007 with TranSystems Corporation Consultants in the Amount of $78,744.00 for a Total Contract Amount of $1,113,050.10 for Additional Engineering Services for the Replacement of Sanitary Sewer Main 253, Parts 1, 2 and 3 Along Randol Mill Road and the Banks of the Trinity River from Clay Court to Woodhaven Boulevard (COUNCIL DISTRICTS 4 and 5) The City Council approved the following recommendation: Authorize execution of Amendment No. 5 with TranSystems Corporation Consultants in the amount of $78,744.00 to City Secretary Contract No. 29007 for a total contract amount of $1,113,050.10, for the replacement of sanitary sewer main 253, Parts 1, 2 and 3, along Randol Mill Road and the banks of the Trinity River from Woodhaven Boulevard to Clay Court. 24. M &C C -25740 - Authorize Execution of an Engineering Agreement with Kleinfelder Central, Inc., in the Amount of $158,986.17 for the Westland Ground Storage Tank Rehabilitation Project Located at 11066 Dorfan Street (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Kleinfelder Central, Inc., in the amount of $158,986.17, for the Westland Ground Storage Tank Rehabilitation Project located at 11066 Dorfan Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 14 of 22 25. M &C C -25741 - Authorize Acceptance of a Grant and Execution of a Contract with the Texas Department of Housing and Community Affairs in the Amount of $134,373.00 for the 2012 Community Services Block Grant Program, Apply Indirect Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of a grant and execution of a contract with the Texas Department of Housing and Community Affairs in the amount of $134,373.00 for the 2012 Community Services Block Grant program; adopt Appropriation Ordinance No. 20290 -07 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of funding the 2012 Community Services Block Grant Program; and apply indirect costs to the grant funds at a rate of 19.18 percent, which is the most recently approved rate for this department, and apply the new approved rate when available. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1856 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. B. Purchase of Equipment, Materials, and Services - Removed from Consent Agenda for Individual Consideration 3. M &C P -11398 - Authorize Purchase Agreements with J &D Bodine d/h /a Piping Systems International and Ferguson Waterworks for Butterfly, Resilient Seated _Gate and Tapping Valves for the Water Department in a Combined Total Amount of $427,165.00 (ALL COUNCIL DISTRICTS) It was the consensus of City Council that Mayor and Council Communication No. P -11398 be continued until the July 24, 2012, Council meeting. 10. M &C P -11405 - Authorize Purchase Agreement with Pante Technology Corporation for Hardware, Technology Services and Maintenance and Support Services Using a Cooperative Contract for the Water Department in the Amount Up to $54,500.00 (ALL COUNCIL DISTRICTS) It was the consensus of City Council that Mayor and Council Communication No. P -11405 be continued until the August 14, 2012, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 15 of 22 E. Award of Contract — Removed from Consent Amenda for Individual Consideration 26. M &C C -25742 - Authorize Execution of an Alyreement with TXU Energy Retail Company, L.P., in the .Amount Up to $450,000.00 for the Energy Aid Program and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize the execution of an agreement with TXU Energy Retail Company, L.P., in the amount up to $450,000.00, for the Energy Aid Program through December 31, 2014; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of funds from the TXU Energy Aid Program, for the purpose of funding the program through December 31, 2014. 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 -25742 be approved and Appropriation Ordinance No. 20291 -07 -2012 be adopted. The motion carried 5 ayes to 0 nays, with 1 abstention by Council Member Scarth and Mayor Price and Council Members Moss and Burns absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. t. Presentation by Kids Who Care Ms. Deborah Jung, Executive Director, and Ms. Kathryn Albright, General Manager, Kids Who Care, provided a brief overview of the Program. Students from around the world performed a brief excerpt from their latest Freedom Bound program which would be touring for the next nine (9) months. Student representatives from Israel, Germany, Italy and Albania, offered brief greetings to the Council. Ms. Andrea Ballard, Kids Who Care, introduced the international chaperons from Israel, Germany (presented Council with gift), Italy (presented Council with gift), and Albania, who offered greetings to the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 16 of 22 X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. UDcomin2 and Recent Events Council Member Jordan welcomed students and their teacher from the Petroleum Engineering and Technology Program from Southwest High School to the Council meeting. Council Member Scarth announced that he would be having coffee with Mayor Price on July 21, 2012, at 9:00 a.m., at the American Legion Hall, to discuss key issues and invited residents and business owners in Districts 4, 5, and 8 to attend the meeting. Mayor Pro tem Zimmerman announced that Dana Vollmer, a 24 year old swimmer from Granbury, Texas, would be competing in the 2012 Summer Olympics. He encouraged everyone to support Ms. Vollmer and the other United States delegates during the summer games which would begin on July 27, 2012. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. XII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS COMMISSIONS AND /OR CITY COUNCIL COMMIT'T'EES There were no presentations and /or communications from boards, commissions and /or city council committees. XIII. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General I. 1VI&C G -17632 - Adopt Ordinance Amendinp- Article XH "Outdoor Events" of Chapter 20, "Licenses and Miscellaneous Business Regulations" of the Code of the City of Fort Worth to Amend Various Definitions, Amend Notification and Application Requirements, Amend Process for Events in Public Parks and Amend Classification of Streets for Neighborhood Events {.YI: L COI NCII., DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 17 of 22 The recommendation was that the City Council adopt an Ordinance amending Article XII Entitled, "Outdoor Events" of Chapter 20, "Licenses and Miscellaneous Business Regulations" of the Code of the City of Fort Worth, to amend various definitions related to events; to amend notification and application requirements; to amend process for events in public parks; and to amend classification of streets for neighborhood events. Mr. Cecil Collier, 6200 Pershing Avenue, No. 181, appeared before Council in support of Mayor and Council Communication No. G- 17632. (provided handout) Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17632 be approved and Ordinance No. 20292 -07 -2012 be adopted. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. 2. M &C G -17633 - Conduct a Public HearinLy and Adopt Ordinance Establishin Tax Abatement Reinvestment Zone No. 83, City of Fort Worth, Texas, for Casino Beach Property Located South of Jacksboro Highway Bounded by North Surfside Drive to the West and Lake Worth to the South and Adopt Project Plan for the Zone (COUNCIL DISTRICT 7) (PUBLIC HEARING) The recommendation was that the City Council conduct a public hearing concerning the designation of property located south of Jacksboro Highway bounded by North Surfside Drive to the west and Lake Worth to the south, also generally known as Casino Beach, as Tax Abatement Reinvestment Zone No. 83, City of Fort Worth, Texas; adopt an Ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number 83, City of Fort Worth, Texas; adopting a project plan for the Zone; 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; and adopt the redevelopment plan attached to the Ordinance as the project plan for the Zone. Mayor Pro tem Zimmerman opened the public hearing. a. Report of City Staff Mr. Robert Stums, Economic Development Manager, Housing and Economic Development Department appeared before Council and provided a staff report. b. Citizen Presentations Ms. Rachel Wiggins, 1510 Chennault Avenue, appeared before Council and submitted an "undecided" speaker card relative to Mayor and Council Communication No. G- 17633. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 18 of 22 C. Council Action Council Member Shingleton advised that there could be some minor noise issues associated with the training flight path in the area. He advised that it would be necessary to disclose this information to potential users of the proposed amphitheatre and pointed out that this should be included in the future development plan. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that the public hearing be closed and that Mayor and Council Communication No. G -17633 be approved and Ordinance No. 20293 -07 -2012 be adopted. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. C. Purchase of Equipment, Materials, and Services 1. NIC P -11406 - Authorize Purchase of Twenty Mid -Size Pickup Trucks from Baby Jack II Automotive LTD d /b /a Caldwell Country Chevrolet, Using a Cooperative Multiple Contract for City Departments in the Amount of $387,338.00 (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize the purchase of 20 mid -size pickup trucks from Baby Jack II Automotive, LTD., d/b /a Caldwell Country Chevrolet, using the TxSmartBuy Cooperative Contract Number 072 -A1 for multiple City departments in the amount of $387,398.00. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton that Mayor and Council Communication No. P -11406 be approved. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent D. Land 1. M&C L -15387 - Authorize Sale of Twenty -Eight Tax - Foreclosed Properties in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code in the Amount of $206,303.34 (COUNCIL DISTRICTS 2, 3, 5, 7 and 8) (Continued from a Previous Meeting) The recommendation was that the City Council authorize the sale of 28 tax - foreclosed properties in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Property Code in the amount of $206,303.34; and authorize the execution and recording of the appropriate instruments conveying the properties to complete the sales. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 . Page 19 of 22 Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L -15387 be approved. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. E. Planning & Zoning - None F. Award of Contract 1. M &C C -25657 - Authorize Execution of a Public Right -of -Way Use Agreement Granting Texas Midstream Gas Services, L.L.C., a License to Construct and Operate an Eight Inch Natural Gas Gathering Pipeline Across South Haynes Avenue, :arch Street, South Chicago Avenue, South Newark Avenue, South Sargent Avenue, Miller Avenue, Bradley Avenue, Griggs Street, South Hughes Avenue, Lloyd Avenue and South Edgewood Terrace, GST11 -0035 (COUNCIL DISTRICT 8) (Continued from a Previous Meeting) It was the consensus of City Council that Mayor and Council Communication No. C -25657 be continued until the August 7, 2012, Council meeting. 2. M &C C -25743 - Authorize Execution of an Interlocal Agreement with the Tarrant Regional Water District for Project Costs Related to Street and Bridge Work Utility Relocations Associated with the Trinity River Vision - Central City Project (COUNCIL DISTRICTS 2 and 9) The recommendation was that the City Council authorize the execution an interlocal agreement with Tarrant Regional Water District (TRWD) pursuant to which TRWD will fund certain financial obligations of the City for street and bridge work utility relocations associated with 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. C -25743 be approved. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. 3. M &C C -25744 - Authorize Five -Year Tax Abatement Agreement with Glen and Ricci N Mace for Property Located at 1508 Washington Avenue in the Magnolia Village Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) The recommendation was that the City Council authorize a five (5) year Tax Abatement Agreement with Glen and Ricci N. Mace for the property at 1508 Washington Avenue in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 20 of 22 Magnolia Village Neighborhood Empowerment Zone, described as Block 2, Lot 3, Loyd's Addition, Fort Worth, Tarrant County, Texas, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25744 be approved. The motion carried unanimously 6 ayes to 0 nays, with Mayor Price and Council Members Moss and Burns absent. (Mayor Price assumed a place at the dais at 10:29 a.m. and Mayor Pro tern Zimmerman continued to preside over the meeting.) 4. M&C C- 2.5745 - Authorize Five-Year Tax Abatement Agreement with Reitman Propertv, LLC, for Property Located at 5408 Woodway Drive in the Wedgwood Square Neighborhood Empowerment Zone (COUNCIL DIS'T'RICT 6) The recommendation was that the City Council authorize a five (5) year Tax Abatement Agreement with Reitman Property, LLC, for the property located at 5408 Woodway Drive in the Wedgwood Square Neighborhood Empowerment Zone, described as Lot 8, Block 30, Wedgwood Addition, Fort Worth, Tarrant County, Texas, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25745 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 5. M&C C -25746 - Adopt Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of $2,500,000.00 for the Construction of Streetscape Improvements on West Rosedale Street Between Ei �,)lrth Avenue and South Main Street, Authorize Transfer in the Amount of $300,000.00 from the Street Improvements 2008 Fund to the 2007 Critical Capital Projects fund, Authorize Transfer in the Amount of $200,000.00 from the 2007 Critical Capital Projects fund to the Grant Capital Projects Fund and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9 The recommendation was that the City Council adopt a Resolution authorizing the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $2,500,000.00, for the construction of bike lanes, pedestrian improvements, bulb -outs, on- street parking, landscaping and lighting under a context sensitive approach to enhance the West Rosedale corridor between 8th Avenue and South Main Street; authorize the acceptance of Regional Toll Revenue funds in the amount of $2,000,000.00 via the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 21 of 22 TxDOT to be applied towards the project; authorize the transfer of $300,000.00 from the Street Improvements 2008 Fund to the Grant Capital Projects Fund to be applied towards the City's match; authorize the transfer of $200,000.00 from the 2007 Critical Capital Projects Fund to the Grant Capital Projects Fund to be applied towards the City's match; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grant Capital Projects Fund, from available funds, for the purpose of funding the construction project. Motion: Council Member Allen Gray made a motion, seconded by Mayor Price, that Mayor and Council Communication No. C -25746 be approved and that Resolution No. 4105 -07 -2012 and Appropriation Ordinance No. 20294 -07 -2012 be adopted. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. 6. M &C C -25747 - Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of S519,402.00 for the Desigg and Engineerin;; of the Gateway Park Oxbow Development (COUNCIL DISTRICT 4) The recommendation was that the City Council authorize the execution of an engineering agreement with CDM Smith, Inc., in the amount of $519,402.00, for the design and engineering of the Gateway Park Oxbow Development. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25747 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. XIV. PUBLIC HEARING Mayor Pro tern Zimmerman opened the public hearing. 1. First Public Hearing for a Proposed City - initiated Annexation of Approximately 0.65 Acres of Land in Denton County, Located Along and North of Litsey Road and East of Elizabethtown Cemetery Road (AX -12 -005 Litsey Road) a. Report of City Staff Ms. Beth Knight, Senior Planner, Planning and Development Department appeared before Council and provided a staff report. Council Member Shingleton requested clarification of the purpose of this annexation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2012 Page 22 of 22 Ms. Knight clarified that this area was an enclave that was inadvertently left out of previous annexations. b. Citizen Comments There were no citizen comments made at this time C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed. The motion carried unanimously 7 ayes to 0 nays, with Council Members Moss and Burns absent. XV. CITIZEN PRESENTATIONS Mr. Fernando Florez, 2740 Hemphill, appeared before Council relative to the United Hispanic Council Redistricting Committee. Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council relative to issues with the Police Department. XVI. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVII. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 10:41 a.m. These minutes approved by the Fort Worth City Council on the 24`" day of July, 2012. Attest: Mary J. Kayser City Secretary �