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HomeMy WebLinkAbout2012/08/07-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 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 Kelly Allen Gray, District 8 Absent: 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 Price called the regular session of the Fort Worth City Council to order at 7:01 p.m., on Tuesday, August 7, 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. INVOCA'T'ION - Pastor Brandon Groonie, Southwest Christian Church The invocation was provided by Pastor Brandon Groome, Southwest Christian Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 24 2012 Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Shingleton, that the Minutes of the Regular Meeting of July 24, 2012, 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 2 of 25 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication, No. C -25772 be withdrawn from the Consent Agenda. V1. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, 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 -17641 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Allpoints Corporate Express to Operate 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 two (2) limousines upon the City streets, alleys and thoroughfares; Allpoints Corporate Express, is qualified and financially able to conduct a limousine service within the City; Allpoints Corporate Express, has complied with the requirements of Chapter 34 of the City Code; Allpoints Corporate Express, presented facts in support of compelling demand and necessity for two (2) limousines; the general welfare of the citizens of the City will best be served by the addition of two (2) limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20306 -08 -2012 granting the privilege of operating authority to Allpoints Corporate Express, 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 two (2) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Allpoints Corporate Express, subject to and conditioned on Allpoints Corporate Express, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 2. M &C G -17642 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of First Run Limousine to Operate Four Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 3 of 25 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 four (4) limousines upon the City streets, alleys and thoroughfares; First Run Limousine, is qualified and financially able to conduct a limousine service within the City; First Run Limousine, has complied with the requirements of Chapter 34 of the City Code; First Run Limousine, ' presented facts in support of compelling demand and necessity for four (4) limousines; the general welfare of the citizens of the City will best be served by the addition of four (4) limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20307- 08- 2012 granting the privilege of operating authority to First Run Limousine, 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 four (4) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by First Run Limousine, subject to and conditioned on First Run Limousine, 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 -17643 - Amend Mayor and Council Communication G -17344 Increasing the Wallace Foundation Grant Amount from $750,000.00 to $765,000.00 and Increasing the Three Year Grant Period to a Four Year Grant Period to Participate in a System Building Initiative for Out -of- School Time Programs, Authorize Execution of a Four Year Agreement with the Wallace Foundation in the Amount of $765,000.00 to Participate in a System Building Initiative for Out - of- School Time Programs and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Amend Mayor and Council Communication G -17344 increasing the Wallace Foundation grant amount from $750,000.00 to $765,000.00 and increasing the three (3) year grant period to a four (4) year grant period to participate in a System Building Initiative for Out -of- School Time programs; authorize entering into a four (4) year agreement with the Wallace Foundation in the amount of $765,000.00 to participate in the programs; and adopt Appropriation Ordinance No. 20308 -08 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $15,000.00, subject to receipt of the grant funds, for the purpose of funding the programs. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11409 - Authorize Purchase of a SmartChem 200 Automated Chemistry Analyzer from Westco Scientific Instruments, Inc., in the Amount Up to $51,125.00 for the Water Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a SmartChem 200 Automated Chemistry Analyzer from Westco Scientific Instruments, Inc., in the amount up to $51,125.00, freight included, for the Water Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 4 of 25 2. M &C P -11410 - Authorize Purchase of Livestock Systems from W -W Manufacturing Co., Inc., in the Amount of $108,304.00 for the Public Events Department. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the purchase of livestock systems from W -W Manufacturing Co., Inc., for the Public Events Department in the amount of $108,304.00. 3. M &C P -11411 - Authorize Purchase Agreements with Multiple Vendors for Library Materials and Services for the Fort Worth Library in the Amount Up to $1,015,000.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase agreements with multiple vendors for library materials and services for the Fort Worth Library in the amount up to $1,015,000.00 for the first year. 4. M &C P -11412 - Authorize Purchase of a Gas Chromatograph /Mass Spectrometer from All Business Machines, Inc., in the Amount Up to $86,706.99 Using a Cooperative Contract for the Water Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a gas chromatograph/mass spectrometer from All Business Machines, Inc., in the amount up to $86,706.99, using a Texas Multiple Award Schedule Cooperative Contract for the Water Department. 5. M &C P -11413 - Authorize Sole Source Purchase Agreement with Dresser, Inc., in the Amount Up to $100,000.00 for Centrifugal Compressors, Blowers, Replacement Parts and Repair Service for the Water Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a sole source purchase agreement with Dresser, Inc., in the amount up to $100,000.00 for centrifugal compressors, blowers, replacement parts and repair service for the Water Department for the first year. 6. M &C P -11414 - Authorize Purchase Agreement with FrontRange Solutions USA, Inc., in the Amount Up to $55,000.00 for IT Service Manager Software Support and Maintenance Using a Cooperative Contract for the Information Technology Solutions Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with FrontRange Solutions USA, Inc., in the amount up to $55,000.00 for the first year, for IT Service Manager Software support and maintenance using the General Services Administration Contract No. GS- 35F -4397G for the Information Technology Solutions Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 5 of 25 7. M &C P -11415 - Authorize Purchase Agreement with International Business Machines Corporation in the Amount Up to $207,369.00 for Mainframe Software _r Licenses and Services Using a Cooperative Contract for the Information Technology Solutions Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation Authorize -a purchase agreement with International Business Machines Corporation in the amount up to $207,369.00 for mainframe software licenses and services, using the General Services Administration Contract No. GS- 35F -4984H for the Information Technology Solutions Department for the first year. 8. M &C P -11416 - Authorize Purchase of Six Trailers from Interstate Trailers, Inc., for a Combined Total Amount of $195,653.35 Using a Texas Cooperative Contract for the Transportation and Public Works and Water Departments. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of six (6) trailers from Interstate Trailers, Inc., for a combined total amount of $195,653.35 using Texas Association of School Boards Cooperative Contract Number 357 -10, for the Transportation and Public Works and Water Departments. C. Land - Consent Items 1. M &C L -15410 - Authorize Execution of a Settlement Agreement and Mutual Release with James Cushman and Authorize Purchase of 1404 East Davis Avenue in the Amount of $4,530.20. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the City Manager or his designee to enter into a Settlement Agreement and Mutual Release with James Cushman; authorize the City of Fort Worth's acquisition of the property at 1404 East Davis in the amount of $4,530.20; and authorize the execution and recording of the appropriate instruments to complete the settlement. 2. M &C L -15411 - Authorize Execution of a Storm Water Facility Maintenance Agreement with Adventist Health System Sunbelt Healthcare Corporation for Property Located on 21.17 Acres of Land on the 11901 Block of Medpark Drive, North of Old Highway FM 1187, Lot 1, Block 1, Huguley Memorial Plaza, at No Cost to the City. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of a Storm Water Facility Maintenance Agreement with Adventist Health System Sunbelt Healthcare Corporation, property located on 21.17 acres of land on the 11901 Block of Medpark Drive, north of Old Highway FM 1187, Lot 1, Block 1, Huguley Memorial Plaza, at no cost to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 6 of 25 3. M &C L -15412 - Authorize Acquisition of a Fee Simple Interest in 0.2300 Acres of Improved Lots for the Lebow Channel Drainage Improvements Project Located at 3454 Lebow Street from Dora and David Fernandez in the Amount of $125,500.00, Pay Estimated Closing Costs Up to $4,000.00 for a Total Cost in the Amount of $129,500.00 and Authorize Payment of Relocation Assistance in the Amount of $1,200.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.2300 acre of improved lots located at 3454 Lebow Street, Fort Worth, Texas, described as Lots 2 & 3, Block 20, Dixie Wagon Manufacturing Co. Survey, from Dora and David Fernandez; find that the total purchase price in the amount of $125,500.00 is just compensation; authorize acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing costs up to $4,000.00; and authorize the payment of relocation assistance in the amount of $1,200.00. 4. M &C L -15413 - Authorize Acquisition of a Fee Simple Interest in 0.1239 Acres of an Improved Lot for the Lebow Channel Drainage Improvements Project Located at 3459 Lebow Street from Juanita Macias Lara in the Amount of $88,500.00, Pay Estimated Closing Costs Up to the Amount of $3,000.00 for a Total Cost of $91,500.00 and Authorize Payment of Relocation Assistance in the Amount of $1,200.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1239 acre of an improved lot located at 3459 Lebow Street, Fort Worth, Texas, described as Lot 12, Block 17, Dixie Wagon Manufacturing Co. Survey, from Juanita Macias Lara; find that the total purchase price in the amount of $88,500.00 is just compensation; authorize acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing costs up to $3,000.00; and authorize the payment of relocation assistance in the amount of $1,200.00. 5. M &C L -15414 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres of Land in Vacant Lots for the East Como Channel Improvements Project Located at 5202 Humbert Avenue from John Dial in the Amount of $9,375.00 and Pay Estimated Closing Costs Up to $2,000.00 for a Total Cost of $11,375.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1434 acre of land in vacant lots for the East Como Channel Improvements Project located at 5202 Humbert Avenue, Fort Worth, Texas, described as Lots 37 and 38, Block 104, Chamberlain Arlington Heights, 2nd Addition, from John Dial; find that the total purchase price in the amount of $9,375.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing costs in the amount up to $2,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 7 of 25 6. M &C L -15415 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres of Land in Vacant Lots Located at 5117 Farnsworth Avenue for the East Como Channel Improvements Project from Hugh Stafford in the Amount of $9,375.00 and Pay Estimated Closing Costs in the Amount Up to $2,000.00 for a Total Cost in the Amount of $11,375.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1434 acre of land in vacant lots located at 5117 Farnsworth Avenue, Fort Worth, Texas, described as Lots 19 and 20, Block 123, Chamberlain Arlington Heights, 2nd Addition, from Hugh Stafford; find that the total purchase price in the amount of $9,375.00 is just compensation; and authorize acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing costs in the amount up to $2,000.00. 7. M &C L -15416 - Authorize Acquisition of a Fee Simple Interest in 3.131 Acres of Land for Right -of -Way and the Acquisition of Easement Interests in a Total of 0.0708 Acres of Land for Three Temporary Slope Easements, a Permanent Drainage Easement and a Permanent Utility Easement for the Avondale Haslet Road Improvements Proiect Located on the Southeast Corner of US Highway 287 and Avondale Haslet Road from Hunter Crossroads, L.P., Grant Transportation Impact Fee Credits Estimated at $330,000.00 to the Developer for the Avondale Haslet Road Right -of -Way and Pay Estimated Closing Costs Up to $10,000.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 3.131 acres of land for right -of -way and the easement interests in a total of 0.0708 acre of land for three (3) temporary slope easements, a permanent drainage easement and a permanent utility easement for the Avondale Haslet Road Improvements Project located on the southeast corner of US Highway 287 and Avondale Haslet Road, described as Abstract No. 1131, M.E.P. and P.R.R. Company Survey and Abstract No. 990, B.R. Lacy Survey, from Hunter Crossroads, L.P., grant Transportation Impact Fee credits estimated at $330,000.00 to the developer for the Avondale Haslet Road right -of -way; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and pay the estimated closing costs up to $10,000.00. D. Planning & Zoning - Consent Items - None E. Award of Contract - Consent Items 1. M &C C -25768 - Authorize Execution of a Maintenance Agreement for Voice and Data Preventative Maintenance and Support Services with Affiliated Telephone, Inc., for a Combined Annual Amount of $246,667.54, for the Information Technology Solutions Department Using Department of Information Resources Contract with Avaya Inc., and Juniper Networks, Inc (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 8 of 25 The City Council approved the following recommendation: Authorize execution of a maintenance agreement for voice and data preventative maintenance and support services with Affiliated Telephone, Inc., for a combined annual amount of $246,667.54, for the Information Technology Solutions Department using Department of Information Resources Contract No. DIR -SDD -1499 with Avaya, Inc., and Department of Information Resources Contract No. DIR- SDD -1470 with Juniper Networks, Inc. Affiliated Telephone, Inc., is an authorized reseller of Avaya, Inc., and Juniper Networks, Inc., products and services. 2. M &C C -25769 - Authorize Execution of Amendment No. 1 to Community Facilities Agreement City Secretary Contract No. 41462 with Texas Health Resources and Authorize City Participation in the Amount of $72,515.96 for the Construction of a Sixteen -Inch Water Main to Serve Texas Health Resources Harris Methodist at Alliance. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 to City Secretary Contract No. 41462, a Community Facilities Agreement with Texas Health Resources to add City participation in the amount of $72,515.96 for the construction of a 16 -inch water main to serve Texas Health Resources Harris Methodist at Alliance. 3. M &C C -25770 - Authorize Execution of a Contract with C. Green Scapin2, LP, in the Amount of $393,236.40 for Brick Pavement Repair 2012 -12 for Camp Bowie Boulevard and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the transfer of $393,236.40 from the Contract Street Maintenance Fund to the General Fund; adopt Supplemental Appropriation Ordinance No. 20309 -08 -2012 increasing the estimated receipts and appropriations in the General Fund, from available funds, for the purpose of funding Brick Pavement Repair 2012 -12 for Camp Bowie Boulevard; and authorize the execution of a Contract with C. Green Scaping, LP, for 150 calendar days for the pavement repairs. 4. M &C C -25771 - Authorize Execution of a Contract with Jackson Construction, Ltd., in the Amount of $659,077.50 for the Scott - Sunset Drainage Improvements. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of a contract with Jackson Construction, Ltd., in the amount of $659,077.50, for construction of the Scott- Sunset Drainage Improvements project. 6. M &C C -25773 - Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Municipal Airports Fund in the Amount of $12,500.00 and Decreasinp- the Available Cash Balance by the Same Amount to Appraise Twenty Parcels Near Alliance Airport. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 9 of 25 The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20310 -08 -2012 increasing the estimated receipts and appropriations in the Municipal Airports Fund in the amount of $12,500.00 and decreasing the unassigned fund balance by the same amount, for the purpose of appraising 20 parcels near Alliance Airport. —7. M &C C -25774 Authorize Execution of an Engineering Agreement with Michael Baker Jr., Inc., in the Amount of $108,590.00 for Water and Sanitary Sewer Replacement Contract 2011, WSM -E on Belford Avenue, Stratford Drive, Stratford Court, Stalcup Road, Weiler Boulevard, King Court and Avalon Court and Adopt Appropriation Ordinances. (COUNCIL DISTRICTS 5 and 81 The City Council approved the following recommendation: Authorize the transfer of $139,590.00 from the Water and Sewer Fund with $105,958.00 to the Water Capital Projects Fund, and $33,632.00 to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20311 -08 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of Water and Sanitary Sewer Replacement Contract 2011, WSM -E on Belford Avenue, from Stratford Drive to Cul -de -sac; Stratford Drive, from Meadowbrook Drive to Belford Avenue; Stratford Court, from Stratford Drive to Cul -de -sac; Stalcup Road, from Elgin Street to Ramey Avenue; Weiler Boulevard, from Lancaster Avenue to Old Handley Road; King Court, from Weiler Boulevard to Cul -de -sac; and Avalon Court, from Dead End to Meadowbrook; adopt Appropriation Ordinance No. 20312 -08 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the same purpose reflected above; and authorize the execution of a contract with Michael Baker Jr., Inc., in the amount of $108,590.00 for Water and Sanitary Sewer Replacement Contract 2011, WSM -E. 8. M &C C -25775 - Authorize Execution of a Contract with Westin Engineering Inc. in the Amount of $146,640.00 for a Feasibility Assessment of Water Department Mobile Workforce Management and Advanced Metering Infrastructure. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a contract to execute a professional services agreement with Westin Engineering, Inc., in the amount of $146,640.00 to conduct a feasibility assessment for mobile workforce management and advanced metering infrastructure. City Secretary Kayser advised that the Zoning Hearing would be heard after the "Resolution" and before the "Report of the City Manager ". IX. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1858 - Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 10 of 25 E. Award of Contract — Removed from Consent Agenda for Individual Consideration 5. M &C C- 25772_ - Authorize Execution of a Professional Services Agreement with -CNA Corporation in the Amount of $80,620.00' for Consulting Services to Determine the Financial Feasibility Associated with Operating a Municipal Jail to Serve the City of Fort Worth's Current and Future Needs, Identify Alternative Financially Feasible Options and Adopt Supplemental Appropriation Ordinance in the General Fund and Decrease the Unassigned Fund Balance in the Amount of S80,620.00. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize execution of a professional services agreement with CNA Corporation in the amount of $80,620.00 for consulting services to determine the financial feasibility associated with operating a municipal jail to serve the City of Fort Worth's current and future needs and identify alternative financially feasible options; and adopt a Supplemental Appropriation Ordinance increasing the estimated receipts and appropriations in the General Fund, and decreasing the unassigned General Fund balance by the same amount. Council Member Espino directed staff that the consultant hired visit with the Diamond Hill Neighborhood Advisory Council as well as the Diamond Hill neighborhood and their representatives, to receive their input. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25772 be approved and Ordinance No. 20313 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. X. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation on the HIP HOP 4 HIV Project Council Member Moss provided an overview of the HIP HOP 4 HIV Project. He advised that the 5th Annual HIP HOP 4 HIV concert would be held on Sunday, August 12, 2012, at the Fort Worth Convention Center Ballroom, from 3:00 p.m. to 6:00 p.m. He stated that the doors would open at 1:00 p.m. and that the radio station, 97.9 "The Beat" had taken the HIP HOP 4 HIV to another level by pledging to make this more than just a campaign but rather a station platform inherent to the station's brand. He named the different artists who would be performing at the concert and advised that the only means to obtain a ticket to the concert was to get tested for HIV. He added that tickets would be limited and that the last testing site in Fort Worth would be on Saturday, August 11, 2012, from 9:00 a.m. to 3:00 p.m. at the Poly Sub - Courthouse located at CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 11 of 25 3500 Miller Avenue. He further added that there would be daily testing at the Health Department located at 1500 Houston Street and the AIDS Outreach Center located at 400 North Beach Street. He encouraged the young people to get tested and to attend the concert and stated that HIV Aids and other sexually transmitted diseases had continued to grow and the only way to address it was by testing. He also stated that this concert was a joint effort between the City of Fort Worth and - the City of Arlington. Mr. Mark Wilson, Tarrant County Public Health, Adult Health Services, 1101 South Main Street, provided statistics on the number of cases of HIV AIDS and other sexually transmitted diseases within Tarrant County. Mr. John Reed, AIDS Outreach Center, thanked Mayor Price, the Council and all other individuals who were responsible for the HIP HOP 4 HIV concert coming to the City. Council Member Moss stated that not only was the testing going on but that counseling advising individuals of the actions that they need to take in order to protect themselves was also being performed. Mayor Price stated that the number of cases among our young people was staggering within the County and that raising awareness of this issue was important. She expressed appreciation to Council Member Moss, Mr. Wilson and Mr. Reed for their hard work on this important issue. XL ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Council Member Moss expressed appreciation to Mayor Price and the District 5 residents for attending the District 5 Coffee last Saturday at the Dixie House restaurant. He advised that District 5 had an excellent turnout from the citizens of District 5. Mayor Price reiterated that the turnout for the District 5 Coffee was excellent. She advised that District 8 would have its Coffee this Saturday from 11:00 a.m. to 1:00 p.m. and that other Council Districts' meetings would follow. Council Member Jordan expressed appreciation to the Neighborhood Office for hosting the Neighborhood University last Saturday. He advised that approximately 150 Neighborhood Officers and others attended and that Randle Harwood was the Keynote Speaker. Council Member Shingleton commented on the anchor dedication to the USS Fort Worth that was held yesterday at Veteran's Park located on Camp Bowie. He advised that the USS Fort Worth would be sent on its maiden voyage on September 22, 2012, from Wisconsin to Galveston. He further advised that the USS Fort Worth was currently traversing from Galveston. He added that there would be a live television presentation in Sundance Square of the christening CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 12 of 25 of the USS Fort Worth on September 22, 2012. He expressed appreciation to Congresswoman Kay Granger and many others for their efforts in having this ship named after the City of Fort Worth. Mayor Price announced that on Friday, August 9, 2012, from 5:00 a.m. to 8:00 a.m. at Victory Plaza in Dallas, Channel 8 would be showcasing the City of Fort Worth. She encouraged everyone who could to attend the showcasing. Mayor Price advised that she would close today's meeting in memory of Jerry Wallace. She stated that Jerry Wallace "Papa Bear" of Fort Worth passed away on July 31, 2012. She added that Mr. Wallace was born in Longview and served 22 years in the Air Force as a Master Sergeant and retired to Fort Worth. 2. Recognition of Citizens There were no citizens recognized at this time. XII. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that Ms. Olga Naranjo be appointed to Place 2 on the Parks and Community Services Advisory Board, with a term expiring on October 1, 2012. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Ms. Julia Kaylor be appointed to Place 7 on the Fort Worth Commission for Women, with a term expiring on October 1, 2013. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. XIII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and /or city council committees. XIV. RESOLUTION 1. A Resolution Recommending and Supporting the Candidacy of Council Member Jungus Jordan for President -Elect of the Texas Municipal League CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 13 of 25 The City Council adopted a Resolution recommending and supporting the candidacy of Council Member Jungus Jordan for President -Elect of the Texas Municipal League. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Resolution No. 4110 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Bums absent., Council Member Espino commended Council Member Jordan for his leadership on the Regional Transportation Council on issues such as transportation and air quality in the City of Fort Worth, North Texas and at the State level with the Texas Municipal League. VIII. ZONING HEARING Mayor Price opened the public hearing. 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 July 20, 2012. 1. SP -12 -001 - (CD 5) - Hendricks Commercial Properties, LLC, 5328 East Lancaster Avenue; Amend site plan for "PD -490" Planned Development for "F" General Commercial uses with exclusions, to include a screened outdoor storage area in the front vard and temporary staging area for loading and offloading. (Recommended for Denial by the 'Zoning Commission) (Continued from a Previous Meeting) The City Council at its Regular Meeting on July 10, 2012, continued Zoning Docket No. SP -12 -001. The following individuals completed speaker cards in support of Zoning Docket No. SP -12 -001, but did not wish to address the Council unless there was opposition. Mr. Jim Schell, 901 Fort Worth Club Building Mr. Christopher Bonilla, 8540 Charleston Avenue Ms. Wanda Conlin, 1755 Martel Avenue, submitted a comment card in opposition to Zoning Docket No. SP -12 -001. Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Zoning Docket No. SP -12 -001 be continued until the September 11, 2012. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 14 of 25 2. ZC -12 -053 - (CD 7) - SMRP Real Estate, LTD., 6200 Block of W. Bailev Boswell Road, from: "A -5" One - Family to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) __.The following individuals completed speaker cards in support of Zoning Docket No. ZC -12 -066, but did not wish to address the Council unless there was opposition. Mr. Jon Pennington, 2552 S. Stemmons Freeway, Lewisville, Texas Mr. Bryan Karlan, 1212 S. Preston Road, Celina, Texas Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -12 -053 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 3. LC -12 -066 - (CD 4) - Phillip Wayne Galyen, 1412, 1.418 Milaun Street, 1425 Nottingham Boulevard, and 1401 E. Loop 820; from: "A -5 " One - Family and " 1PD- 575" Planned Development Specific Use for parking lot and car leasing preparation area; site plan required (SP -04 -030) to: "PD /E" Planned Development for all uses in "E" Neighborhood Commercial plus outdoor display /sales for playsets and kitchens and to allow fencing in the front yard; site plan waiver recommended. (Recommended for Approval as Amended by the Zoning Commission for perimeter fencing to be open type design) Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -066 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 4. ZC -12 -067 - (CD 5) - Shelley Strawther, 2725 & 2759 Stark Street; from: "A -5" One- Family to: "ER" Neighborhood Commercial Restricted. (Recommended for Denial without Preiudice by the 'Zoning Commission) Ms. Judy Taylor, 2604 Stark Street, appeared before Council in opposition to Zoning Docket No. ZC -12 -067. Motion: Council Member Moss made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC -12 -067 be denied without prejudice. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 5. LC -12 -068 - (CD 2) - Bear Creek Plaza, LTD., 11011 Old Denton Road; from: "G " Intensive Commercial to: "PD /G " Planned Development for all uses in "G'" Intensive Commercial plus mini- warehouse; site plan included. (Recommended for Approval by the "Zoning Commission) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 15 of 25 Mr. Coy Quine, 301 S. Sherman, Suite 100, Richardson, Texas, completed a speaker card in support of Zoning Docket No. ZC -12 -068, but did not wish to address the Council. Motion: Council Member Espino- -made- motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -068 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 6. Z.0 -12 -069 - (CD 9) - Fort Worth Housing Authority, 601 West 1st Street; from: "J" Medium industrial to: "H" Central Business District (Recommended for Approval by the 'Zoning Commission) (Continued from a Previous Meeting) Mr. Ramon Guajardo, 1434 N. Main Street, completed a speaker card in support of Zoning Docket No. ZC -12 -069, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -069 be continued until the September 11, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 7.ZC -12 -072 - (CD 2) - City of Fort Worth Planning & Development /KHI Post Consummation Trust, 3900 Block of Litsey Road; from: Unzoned to: "A -5" One - Family (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -072 be continued until the August 14, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 8. ZC -12 -073 - (CD 2) - City of Fort Worth Aviation Department, Generally bounded by an extension of the Alliance Airport western runway, FM 156, and Old FM 156; from: Unzoned to: "PD" Planned Development for "I" Light Industrial uses plus airport, aviation field, heliport, and landing area, excluding bars /nightclubs, iunkvards, recycling facilities, motels, sexually oriented businesses and tattoo parlors; site plan waiver recommended. (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -073 be continued until the August 14, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 16 of 25 9. ZC -12 -074 - (CD 2) - City of Fort Worth /BNSF Railroad, 14,000 - 14,600 Blocks of John Day Road; from: "AG" Agricultural to: "K" heavy Industrial (Recommended for Approval by the Zoning Commission) Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -074 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. City Secretary Kayser advised that Zoning Docket Nos. ZC -12 -075 thru ZC -12 -078 were City - initiated rezoning for surplus property and would be considered under one motion. 10. ZC -12 -075 - (CD 9) - City of Fort Worth Planning & Development, 3658 Joe Frazier Road; from: "B" Two - Family to: "A -5" One - Family (Recommended for :Approval by the Zoning Commission) 11. ZC -12 -076 - (CD 8) - City of Fort Worth Planning & Development, 3106 Finley Street; from: "B" Two - Family to: "A -5" One - Family (Recommended for Approval by the Zoning Commission) 12. ZC -12 -077 - (CD 8) - City of Fort Worth Planning & Development, 1721 E. Tucker Street; from: "B" Two - Family to: "A -5" One - Family (Recommended for Approval by the Zoning Commission) 13. ZC42 -078 - (CD 5) - City of Fort Worth Planning & Development, 3100 Louise Street; from: "B" Two - Family to: "A -5" One - Family (Recommended for Approval by the Zoning Commission) Motion: Council Member Allen Gray made a motion, seconded by Council Member Shingleton, that Zoning Docket Nos. ZC -12 -075 thru ZC -12 -078 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 Allen Gray made a motion, seconded by Council Member Shingleton, that the hearing be closed and that Ordinance No. 20314 -08 -2012 be adopted. The motion carried 8 ayes to 0 nays, with Council Member Burns absent. XV. REPORT OF THE CITY MANAGER A. Benefit Hearing - None CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 17 of 25 B. General 1. M &C G -17644 - Adopt Ordinance Amending Chapter 22 of the Code of the City of Fort Worth, as Amended, by Amending Sections 22 -1, 22- 158.2, 22 -164, 22 -191 and Adding Section 22 -209 Related to Parking Permits, Commercial I:.,oadina Zones, Vehicles with Six Wheels or More and Parking Meter Zones and Rates (ALL COUNCIL DIS "rRICTS) The recommendation was that the City Council adopt an Ordinance amending City Code Chapter 22, "Motor Vehicles and Traffic," Article I, "In General," by adding the definition of permit to Section 22 -1, "Definitions;" Amending Article VI, "Stopping, Standing and Parking," Section 22- 158.2, "When Provisions Applicable," Section 22 -164, "Manner of Parking of Vehicles with Six or More Wheels in Certain Zone," and Section 22 -191, "Establishment of Zones and Maximum Parking Times Therein: Establishment of Fees;" adding Section 22 -209, "Display of Permits ". Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17644 be approved and Ordinance No. 20315 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 2. M &C G-17645 - Adopt Ordinance Amending Chapter 6 of the Citv Code to Enact • Program for the Management of Feral Cats to Allow for the Implementation of • Trap- Neuter - Return Program in Fort Worth (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt an Ordinance amending Chapter 6 "Animals and Fowl" of the Code of the City of Fort Worth, Texas (1986) as amended, for the purpose of enacting a program for the management of feral cats through a trap- neuter -return program by amending Article I "In General ", Section 6 -1 "Definitions" to amend the definition of the owner of an animal and to add new definitions; by adding a new Article XII "Feral Cats" to describe the responsibilities of owners of domesticated cats, the requirements for feral cat colonies, the responsibilities of feral cat colony sponsors and feral colony cat caretakers, describing remedies when feral cats cause a nuisance, providing for removal of feral colony cats, and describing enforcement for the provisions of Article XII. Ms. Charlyse Lewis, Chair Animal Shelter Advisory Committee, 1900 Aden Road, appeared before Council in support of Mayor and Council Communication No. G- 17645. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G- 17645. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 18 of 25 Ms. Elizabeth Holtz, Attorney, Alleycat Allies, 7920 Norfolk Avenue, Bethesda, Maryland. Mr. Steve Epstein, 1617 Steinburg Lane Ms. Beverly Sims, 6935 Craig Street (Council Member Espino left his place at the dais.) Ms. Pat Tomerlin, 7309 Heirloom, completed a speaker card in opposition to Mayor and Council Communication No. G- 17645, but was not present in the Council chamber. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G- 17645. Ms. Cari Alexander, Director, TCU Campus Feral Cat Program, TCU Box 298400 Ms. Alice Duncan, 6865 Chickering Road #432 Ms. Michael Wright, 4508 Geddes Avenue (Council Member Espino returned to his place at the dais.) Ms. Sandra Bitz, 520 Holder Drive, Hurst, Texas, completed a speaker card in opposition to Mayor and Council Communication No. G- 17645, but did not wish to address the Council. Ms. Judy Henrick, 3800 Oaklawn Drive, appeared before Council in opposition to Mayor and Council Communication No. G- 17645. Ms. Tammy Redmon, 1813 Ashland Avenue, submitted a comment card in support of Mayor and Council Communication No. G- 17645. The following individuals submitted a comment card in opposition to Mayor and Council Communication No. G- 17645. Mr. Jeff Dorson, 2636 General DeGaulle, New Orleans, Louisiana Ms. Suzette Watkins, 1801 Bomar Avenue Ms. Shannon Worrell, 1100 Pebble Creek Road Ms. Carol Eicher, 1766 Oak Hill Road Ms. Iris Porta, 7516 E. Gumm Court, Weatherford, Texas 76085 Council Member Jordan advised that he would make a motion to continue Mayor and Council Communication No. G -17645 for 30 days and directed staff to meet with the concerned citizens to take into consideration the comments that had been made. He added that there had been well - intentioned comments made on both sides of the issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 19 of 25 Council Member Scarth requested that Brandon Bennett, Director of Code Compliance, speak to some of the common themes among the comments that had been made by the citizens and to include in his comments the issue of citizens' concerns about documenting where the colonies of feral cats are located, as well as, the need to maintain contact information on the caregivers and sponsors and the cat colonies. Brandon Bennett, Director, Code Compliance spoke to the issues and concerns that were brought up by the citizens, and clarified the need to maintain information on the caregivers and sponsors. He advised that the $2,000.00 fine was the maximum that could be imposed and was standard language. Council Member Jordan reiterated his motion for a 30 -day continuance. Mayor Pro tem Zimmerman stated that he agreed with Council Member Jordan to a 30 -day continuance. Mayor Price stated that the fines and the public information components appeared to be the main issues and that she agreed to a 30 -day continuance. Council Member Espino requested that Brandon Bennett be allowed to read what the suggested alternate language to the Ordinance was to begin the discussion of the alternatives that Brandon proposed. Brandon Bennett, Director, Code Compliance summarized the intent of the Ordinance and reviewed the proposed alternate language. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17645 be continued until the September 11, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. C. Purchase of Equipment, Materials, and Services 1. M&C P-11417 - Award of Contract to ,IPMorgan Chase Bank, N.A. for Purchasing Card Services for Citvwide Use and Authorize Amendment to City Secretary Contract 35775 to Extend Period of Performance and Increase Rebate Percentages (ALL COUNCIL, DISTRICTS) The recommendation was that the City Council award the contract for Request for Proposals 12- 0106 to JPMorgan Chase Bank, N.A., to provide purchasing card services for the City of Fort Worth; and authorize the amendment of City Secretary Contract 35775 — Commercial Card Agreement to provide for an additional five (5) year term with two (2), two (2) year renewal options and to increase rebate percentages. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 20 of 25 Mayor Pro tern Zimmerman and Council Members Espino, Jordan, Scarth and Allen Gray disclosed that they had a normal business relationship with JPMorgan Chase Bank, N.A. and that the City Attorney advised there was no conflict of interest. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P -11417 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. D. Land 1. M &C L -15417 - Authorize Execution of a Three Year Lease with Fort Worth Independent School District to Lease the Property Located at 2804 Lipscomb Street, Old Fire Station No. 10, to Conduct Adult Education and English as Second Language Classes for an Annual Rental Rate in the Amount of $1.00 Per Year (COUNCIL DISTRICT 9) The recommendation was that the City Council authorize the execution of a three (3) year lease with the Fort Worth Independent School District to lease the property located at 2804 Lipscomb Street, Old Fire Station No. 10, to conduct adult education and English as Second Language classes for an annual rental rate in the amount of $1.00 per year; and authorize the execution and recording of the appropriate instruments concerning the lease of the property. Council Member Moss 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. L -15417 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Moss and Council Member Burns absent. E. Planning & Zoning - None F. Award of Contract L 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 Fight Inch Natural Gas Gathering Pipeline Across South tlaynes 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, GST1 t -0035 (COUNCIL DISTRICT 8) (Continued from a Previous Meeting) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 21 of 25 The recommendation was that the City Council authorize the execution of a public right -of -way use agreement with Texas Midstream Gas Services, L.L.C., for a one (1) time license fee in the amount of $31,605.20 and granting a license to construct and operate an eight (8) inch natural gas gathering pipeline in the following 11 public rights -of -way: across South Haynes Avenue, north of East Rosedale Street; across Arch Street, north of Rosedale; across South Chicago Avenue, north of Rosedale; across South Newark Avenue, north of Rosedale; across South Sargent Avenue, north of Rosedale; across Miller Avenue, north of Rosedale; across Bradley Avenue, south of Windomere Street; across Griggs Street, south of Windomere; across South Hughes Avenue, south of Windomere; across Lloyd Avenue, north of Rosedale; and across South Edgewood Terrance, north of Rosedale. Mr. Gary Hogan, 2117 Rolling Creek R ..i, appeared before Council in opposition to Mayor and Council Communication No. C- 25657. Motion: Council Member Allen Gray made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25657 be continued until the September 18, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 2. M &C C -25767 - Conduct a Public Hearing and Approve City's 2012 -2013 Action Plan for the Use of Federal Grant Funds from the United States Department of Housing and Urban Development in the Amount of $9,278,851.00 for Program Year 2012 -2013 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) (PUBLIC HEARING) The recommendation was that the City Council conduct a public hearing to allow citizen input and consideration of the City's 2012 -2013 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development (HUD) in the amount of $9,278,851.00 for Program Year 2012 -2013 from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant programs and for the use of program income from activities using prior years' federal grant funds; approve the City's 2012- 2013 Action Plan for submission to HUD including allocations of grant funds to particular programs and activities; authorize the collection and use of an estimated $50,000.00 of program income resulting from activities using prior years' CDBG funds for the programs and activities; authorize the collection and use of any program income resulting from activities using prior years' HOME funds for the City's Homebuyer Assistance Program (HAP); authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters of Agreement for a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 22 of 25 one (1) year term with the agencies listed in Tables 1, 2, and 3 of Mayor and Council Communication No. G -25767 for Program Year 2012 -2013 for CDBG, HOPWA grant funds, contingent upon receipt of funding; authorize the City Manager, or his designee, to extend the contracts and interdepartmental Letters of Agreement for up to one (1) year if an agency or department requests an extension and sucR extension is necessary for completion of the program; authorize the City Manager, or his designee, to amend the contracts and interdepartmental Letters of Agreement if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund in the amount of $9,278,851.00 plus any program incnone, subject to receipt of various grants and program income, for the purpose of funding proT. r,nis to primarily benefit low and moderate income City residents, Homeless Persons and Persons with HIV /AIDS, all subject to receipt of such funds. Mayor Price opened the public hearing. a. Report of City Staff Ms. Avis Chaisson, Community Development Coordinator, 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 Shingleton made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. C -25767 be approved as amended to state that the "Emergency Solutions Grant recommended award amount to Catholic Charities be reduced from $75,000.00 to $38,178.52 and to award Emergency Solutions Grant funds in the amount of $36,821.48 to the Day Resource Center" and that Ordinance No. 20316 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 3. M &C C -25776 - Adopt Resolution Authorizinf Execution of a Local Project Advanced Funding A greement with the Texas Department of Transportation in the Amount of $37,136,500.00 for Construction of a New Four Lane Henderson Street Bridle (COUNCIL DISTRICTS 2 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 23 of 25 The recommendation was that the City Council adopt a Resolution authorizing the execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $37,136,500.00 for the construction of a four (4) lane Henderson Street (SH199) Bridge over the future Trinity River Vision By -Pass Channel; and authorize pre - payment to TxDOT in the amount of $6,631,831:00 for the City's portion of construction costs in accordance with the agreement. Motion: 'Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25776 be approved with appreciation to Congresswoman Granger and Resolution No. 4111 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 4. M &C C -25777 - Adopt Ordinance Amending Article III, Division 3, Sewer Per Acre Charges of the City Code to Change the Time Period for the Collection and Refund of Sewer Per Acre Charges to Developers and to the City (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt an Ordinance amending Article III, Division 3, "Sewer Per Acre Charges ", Subsections 35 -85 (e) and (h), of Chapter 35, "Water and Sewers" of the Code of the City of Fort Worth (1986), as amended, to increase the time for collection of sewer per acre charges in certain circumstances, that will allow a developer to request an extension for the collection and refund of sewer per acre charges for an additional 10 years and to allow the City to recover its own participation cost in developer- initiated approach sewer main projects. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25777 be approved and Ordinance No. 20317 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 5. M &C C -25778 - Authorize Execution of a Contract with M.E. Burns Construction, Inc., in the Amount of $1,228,205.00 for Sanitary Server Rehabilitation, Contract 81 on Childress Street, Killian Street, Wilbar ser Street, Collin Street, Rutan Street and Erath Street and Adopt Appropriation Ordinances (COUNCIL DISTRICT 5) The recommendation was that the City Council authorize the transfer of $232,806.00 from the Water and Sewer Operating Fund in the amount of $165,400.00 to the Water Capital Projects fund and in the amount of $67,406.00 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of Sanitary Sewer Rehabilitation, Contract 81 on Childress Street, from Vaughn Boulevard to Miller Avenue; Killian Street, from CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 24 of 25 Dowdell Street to miller Avenue; Wilbarger Street, from Vaughn Boulevard to miller Avenue; Collin Street, from Shackleford Street to Miller Avenue; Rutan Street, from Collin Street to Howard Street; Erath Street, from Wilbarger Street to Knox Street; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the same purpose reflected above; and authorize the execution of a contract with M.E. Burns Construction, Inc., in the amount of $1,228,205.00 for Sanitary Sewer Rehabilitation, Contract 81. Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -2578 be approved and Appropriation Ordinance Nos. 20318 -08 -2012 and 20319 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. 6. M &C C -25779 - Authorize Acceptance of Additional Grant Funds from the Fort Worth Independent School District in the Amount Up to $8,950.00 for Operation of the Fort Worth After School Program at Como Elementary School for the 2012 -2013 School Year, Authorize Execution of a Related Agreement with the Fort Worth Independent School District for the Total Amount of the Award and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) The recommendation was that the City Council authorize the acceptance of additional grant funds from the Fort Worth Independent School District (FWISD) in the amount up to $8,950.00 for operation of the Fort Worth After School Program at Como Elementary School for the 2012 -2013 school year; authorize execution of a related agreement with the FWISD for the total amount of the award; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant funds, for the purpose of operating the Fort Worth After School Program at Como Elementary School for the 2012 -2013 school year. Council Member Moss 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 Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -25779 be approved and Appropriation Ordinance No. 20320 -08 -2012 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Moss and Council Member Burns absent. XVI. CITIZEN PRESENTATIONS Mr. Riley Cantrell, 2300 Sundrop Court completed a speaker card, but was not present. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 7, 2012 Page 25 of 25 XVII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVI I. ADJOURNMENT There being no -further business, Mayor Price adjourned the regular meeting at 8:20 p.m. in memory of Mr. Jerry Wallace. These minutes approved by the Fort Worth City Council on the 141h day of August, 2012. Attest: Mary J. KW 0 City Secretary