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HomeMy WebLinkAbout2012/07/24-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 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 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary 1. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:04 a.m., on Tuesday, July 24, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. INVOCATION - Dr. Willie Weaver, Worth Baptist Church The invocation was provided by Dr. Willie Weaver, Worth Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JULY 17, 2012 Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that the Minutes of the Regular Meeting of July 17, 2012, be approved. The motion carried unanimously 9 ayes to 0 nays. V. ITEMS TO BE WITHDRAWN FRONT THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 2 of 26 VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. P -11398 (Revised) be withdrawn from consideration. VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M &C G -17634 - Approve Findings of Ground Transportation Coordinator Regarding Application of Interconnection Limousine, 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; Interconnection Limousine, is qualified and financially able to conduct a limousine service within the City; Interconnection Limousine, has complied with the requirements of Chapter 34 of the City Code; Interconnection Limousine, 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. 20295 -07 -2012 granting the privilege of operating authority to Interconnection 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 two (2) limousines for one (1) year period beginning on the effective date; providing for written acceptance by Interconnecton Limousine, subject to and conditioned on Interconnection Limousine 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 -17635 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Premier Transportation Services, LLC, to Operate Forty -Five 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 45 limousines upon the City streets, alleys and thoroughfares; Premier Transportation Services, LLC, is qualified and financially able to conduct a limousine service within the City; Premier Transportation Services, LLC, has complied with the requirements of Chapter 34 of the City Code; Premier Transportation Services, LLC, presented facts in support of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 3 of 26 compelling demand and necessity for 45 limousines; the general welfare of the citizens of the City will best be served by the addition of 45 limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20296 -07 -2012 granting the privilege of operating authority to Premier Transportation Services, LLC, 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 45 limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Premier Transportation Services, LLC, subject to and conditioned on Premier Transportation Services, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11407 - Authorize Purchase of Six Police Interceptor Vehicles and Three Police Interceptor SUVs from Baby Jack II Automotive LTD d /b /a Caldwell Country Ford, Using a Cooperative Contract for the Police Department for a Total Amount of $227,817.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of six (6) police interceptor vehicles and three (3) police interceptor SUVs from Baby Jack II Automotive, LTD, d/b /a Caldwell Country Ford, using the Tarrant County Cooperative Contract Number 2011 -139 for the Police Department for a total amount of $227,817.00. C. Land - Consent Items 1. M &C L -15402 - Authorize Direct Sale of Two Tax - Foreclosed Properties Located at 3401 Ryan Avenue and 4113 Sandage Avenue in Accordance with Section 34.05 of the Texas Tax Code to Fort Worth Area Habitat for Humanity, Inc., in the Amount of $23,500.00. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the direct sale of two (2) tax - foreclosed properties located at 3401 Ryan Avenue, described as Lot 7, Block 54, John C. Ryan South Addition and 4113 Sandage Avenue, described as Lot 24, Block 1, Newton -Carb Addition, to Fort Worth Area Habitat for Humanity, Inc., in the amount of $23,500.00, 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 -15403 - Authorize Acquisition of a_Fee Simple Interest in 0.309 Acres of Land for Right -of -Way and a Temporary Easement Interest in 0.518 Acres of Land for Construction from and Across Property Owned by Barry Gross on the Southwest Corner of West Hurst Boulevard and Precinct Line Road, Also Known as 0000 West Hurst Boulevard for a Total Cost of $89,663.00 Pay Estimated Closing Cost Up to $3,000.00 for the Widening of Precinct Line Road from State Highway 10 to Concho Trail, North of Council District 5, City of Hurst (NO COUNCIL DISTRICT) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 4 of 26 The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.309 acre of land needed for right -of -way and temporary easement interest in 0.518 acre for construction on land owned by Barry Gross, located on the southwest corner of West Hurst Boulevard and Precinct Line Road also known as 0000 West Hurst Boulevard in Abstract 1528, Tract 3A, Allen South Trimble Survey, City of Hurst, Tarrant County, Texas, for the widening of Precinct Line Road from State Highway 10 to Concho Trail; find that the total purchase price in the amount of $89,663.00 is just compensation; and authorize payment, acceptance, conveyance, and the recording of the appropriate instruments and payment of the estimated closing costs up to $3,000.00. 3. M &C L -15404 - Authorize Acquisition of a Fee Simple Interest in 0.443 Acres of Land for Right -of -Way, Easement Interests in 0.274 Acres of Land for a Permanent Slope, and 0.153 Acres for Temporary Construction, Owned by Black Dog Land and Cattle LLC, for the Widening of Precinct Line Road, Located at 3120 Precinct Line Road, for a Total Cost of $67,600.00 and Pay Estimated Closing Cost Up to $3,000.00. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize acquisition of a fee simple interest in 0.443 acre of land for right -of -way, easement interests in 0.274 acre of land for a permanent slope, and 0.153 acre for temporary construction, for the widening of Precinct Line Road from State Highway 10 to Concho Trail, located north of the Precinct Line Road and Trinity Boulevard intersection, also known as 3120 Precinct Line Road and described as Block 2, Lot IAI, Texas Industries Addition, from Black Dog Land and Cattle, LLC, for a total cost of $67,600.00 and pay estimated closing cost up to $3,000.00; and authorize the City Manager or his designee to render payment, accept the conveyances, and record the appropriate instruments. 4. M &C L -15405 - Authorize Acquisition of a Fee Simple Interest in _2.000 Acres of Vacant Land for the East Side 11 54 Inch Water Main Project Phase I and Phase III, Located at 2200 Bomar Avenue, from the Fort Worth Local Development Corporation in the Amount of $34,848.00 and Pay Estimated Closing Cost Up to $4,000.00 for a Total Cost of $38,848.00. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in a 2.0 acres vacant lot located at 2200 Bomar Avenue, Fort Worth, Texas, described as Lot Al, Block A, Sycamore Heights Addition, for the East Side II 54 -inch Water Main Project Phase I and Phase III, from the Fort Worth Local Development Corporation; find that the total purchase price in the amount of $34,848.00 is just compensation; and authorize acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing cost up to $4,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 5 of 26 5. M &C L -15406 - Authorize Acquisition of a Fee Simple Interest in 0.018 Acres of Land for Right -of -Way, for the Ray White Road Improvement Project, Located at 4405 Ray White Road, from Kay Crawford in the Amount of $2,300.00 and Pay Estimated Closing Cost Up to $2,000.00 for a Total Cost of $4,300.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.018 acre of land, described as Abstract No. 999, Tract 16, Wm McCowens Survey, for right -of -way for the Ray White Road Improvement Project located at 4405 Ray White Road, Fort Worth, Texas, from Kay Crawford; find that the total purchase price in the amount of $2,300.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, record the appropriate instrument and to pay the estimated closing cost up to $2,000.00. D. Planning & Zoning - Consent Items - None E. Award of Contract - Consent Items 1. M &C C -25748 - Authorize Execution of a Professional Services Agreement with Front Range Solutions USA, Inc., in the Amount of $161,950.00 to Upgrade Information Technology Service Management Software. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a professional services agreement with Front Range Solutions USA, Inc., in the amount of $161,950.00 to upgrade information technology service management software using General Services Administration Contract No. GS- 35F- 4397G. 2. M &C C -25749 - Authorize Execution of a Communications Systems Agreement with Johnson County for Participation in the City of Fort Worth's Two -Way Public Safety Radio System at No Cost to the City of Fort Worth. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a communications systems agreement with Johnson County for participation in the City of Fort Worth's two (2) way public safety radio system in which Johnson County will reimburse its share of operations and maintenance to ensure no cost to the City of Fort Worth and for an annual reimbursement estimated to be approximately in the amount of $65,000.00. 3. M &C C -25750 - Authorize Execution of Amendments to City Secretary Contract Nos. 37196, 37197, 37198, and 37239 with First Southwest Asset Management, Inc., First Southwest Company, and Estrada Hinojosa & Company, Inc., to Provide for Additional One -Year Renewals. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 6 of 26 The City Council approved the following recommendation: Authorize the execution of amendments to City Secretary Contract Nos. 37196, 37197, 37198, and 37239 with First Southwest Asset Management, Inc., First Southwest Company, and Estrada Hinojosa & Company, Inc., to provide for additional one (1) year renewals. 4. M &C C -25751 - Authorize Execution of a Proiect Development Agreement with Johnson Controls, Inc., in the Amount Not to Exceed $212,500.00, to Perform a Detailed Energy Study of City Facilities in Consolidation of Existing City Energy Savings Performance Contract Projects. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a project development agreement with Johnson Controls, Inc., in the amount not to exceed $212,500.00 to conduct a detailed energy study of City facilities in consolidation of existing City Energy Savings Performance Contract projects. 5. M &C C -25752 - Authorize Execution of Change Order No. 1 with McClendon Construction Company, Inc., in the Amount of $59,472.50 to City Secretary Contract No. 41730 for Pavement and Drainage Improvements for McAlister Road from Union Pacific Railroad to Interstate Highway 35W for a Total Contract Cost of $1,184,551.31. (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of Change Order No. 1 with McClendon Construction Company, Inc., in the amount of $59,472.50 to City Secretary Contract No. 41730 for pavement and drainage improvements for McAlister Road from Union Pacific Railroad to Interstate Highway 35W, thereby revising the total contract amount to $1,184,551.31. 6. M &C C -25753 - Authorize Execution of an Artwork Commission Contract with Oscar Alvarado in the Amount of $64,375.00 for Public Art for the Seating Area Adjacent to Fire Station No. 5 located at 850 Irma Street, on Evans Avenue Between Magnolia and Irma in Fort Worth. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of an artwork commission contract with Oscar Alvarado in the amount of $64,375.00 for fabrication, transportation, and installation of public art at the seating area adjacent to Fire Station No. 5 located at 850 Irma Street, on Evans Avenue between Magnolia and Irma in Fort Worth. 7. M &C C -25754 - Authorize Execution of a Storm Water Facility Maintenance Agreement with Castleberry Independent School District for Property Located at 4501 Barbara Road, Lot 6 -R, Brookside Acres Addition. (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 7 of 26 The City Council approved the following recommendation: Authorize the execution of a storm water facility maintenance agreement with Castleberry Independent School District, for property located at 4501 Barbara Road, Lot 6 -R, Brookside Acres Addition, at no expense to the City. 8. M &C C -25755 - Authorize Execution of a Temporary Intergovernmental Agreement with the City of Charlotte, Charlotte - Mecklenburg Police Department for the City of Fort Worth to Provide Additional Law Enforcement Personnel During the 2012 Democratic National Convention in Charlotte, North Carolina and Adopt Supplemental Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an intergovernmental agreement with the City of Charlotte, Charlotte - Mecklenburg Police Department for the City of Fort Worth to provide additional law enforcement personnel during the 2012 Democratic National Convention to take place September 1, 2012, through September 7, 2012; and adopt Supplemental Appropriation Ordinance No. 20297 -07 -2012 increasing the estimated receipts and appropriations in the General Fund in the amount of $127,434.16, from available funds, for the purpose of funding additional law enforcement and personnel during the 2012 Democratic National Convention. Expenses are estimated to be no more than $127,434.16 and reimbursement will match actual expenditures. 9. M &C C -25756 - Authorize Increase in the Amount Up to $65,000.00 for City Secretary Contract No. 42917 with Texas Industrial Security, Inc., for a Total Contract Amount Up to $210,000.00 for Guard Services for Fort Worth Prisoners Admitted to Local Hospitals. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an increase in the amount up to $65,000.00 for City Secretary Contract No. 42917 with Texas Industrial Security, Inc., for a total contract amount up to $210,000.00 for guard services for Fort Worth prisoners admitted to local hospitals. 10. M &C C -25757 - Authorize Execution of Amendment No 1 to City Secretary Contract No. 42807, a Ground Lease Agreement with Mandatory Improvements with FWS Realty, Ltd., for Expansion of Lease Site NW -3 Located at Spinks Airport. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 to City Secretary Contract No. 42807, a Ground Lease Agreement with mandatory improvements with FWS Realty, Ltd., for expansion of Lease Site NW -3 located at Spinks Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 8 of 26 11. M &C C -25758 - Authorize Execution of an Engineering Agreement with Criado & Associates, Inc., in the Amount of $184,347.00 for Water and Sanitary Sewer Replacement Contract 2011, WSM -A on Carnation Avenue, Lotus Avenue, West Lotus Avenue, Morning Glory Avenue, Primrose Avenue, Westbrook Avenue, Yucca Avenue and Bevans Street and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the transfer of $215,347.00 from the Water and Sewer Fund in the amounts of $174,694.00 to the Water Capital Projects Fund and $40,653.00 to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20298 -07 -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 on Carnation Avenue, from Daisy Lane to North Sylvania Avenue; Lotus Avenue, from Mapleleaf Street to North Sylvania Avenue; West Lotus Avenue, from Bluebonnet Drive to 900 feet west; Morning Glory Avenue, from West Lotus Avenue to Bluebird Avenue; Primrose Avenue, from North Sylvania Avenue to Blandin Street; Westbrook Avenue, from North Sylvania Avenue to Blandin Street; Yucca Avenue, from Bluebonnet Drive to North Riverside Drive; and Bevans Street, from Cul -de -sac to Yucca Avenue; adopt Appropriation Ordinance No. 20299 -07 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of water and sanitary sewer replacement on the above listed streets; and authorize the execution of a contract with Criado & Associates, Inc., in the amount of $184,347.00 for Water and Sanitary Sewer Replacement Contract 2011, WSM -A. 12. M &C C -25759 - Authorize Execution of Amendment No. 5 to City Secretary Contract No. 37547 with Alan Plummer Associates, Inc., in the Amount of $219,813.00, for the Design of the Village Creek Reclaimed Water Delivery System for a Total Contract in the Amount of $3,228,712.00. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of Amendment No. 5 to City Secretary Contract No. 37547, an engineering agreement with Alan Plummer Associates, Inc., for the Village Creek Reclaimed Water Delivery System Design, in the amount of $219,813.00, thereby increasing the contract cost to $3,228,712.00. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS -1857- Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 9 of 26 IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation by Sister Cities International Leadership Academy Mr. Brad Mahon, Chairman, Fort Worth Sister Cities International, made the presentation for Sister Cities International Leadership Academy. He stated that this was the International Leadership Academy's (ILA) 24th year of hosting a summer leadership program and advised that ILA's theme this year was "Visions of Peace." Ms. Nancy Marchant, Board member, Fort Worth Sister Cities International, introduced the student delegates from Reggio Emilia, Italy; Mbabane, Swaziland; Bandung, Indonesia (provided gift); Toluca, Mexico; Nagaoka, Japan (provided gift); Guiyang, China (provided gift); and Trier, Germany (provided gift). Student representatives from Italy, Swaziland, Indonesia, Mexico, Japan, China and Germany, offered brief greetings to the Council. 2. Presentation by Project Success 1 Officer Julie Cox, Public Relations and Community Liaison Officer, Police Department, made the presentation for Project Success 1. Officer Cox introduced community and Police Department volunteers and stated that Project Success 1 was a program targeting homeless and at -risk teens ages 13 -18 years old in the City. She further stated that this program was not intended for intervention only; it was a prevention program aimed to end homelessness. She added that local artists and teachers guided students in transforming discarded or donated furniture and other objects into professional quality pieces to market to the general public. The student participants displayed furniture that had been salvaged and painted. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcomina and Recent Events Council Member Shingleton announced that a dedication ceremony for the anchor of the USS Fort Worth would be held on August 6, 2012, at 8:00 a.m., at Heritage Park. He also advised that the USS Fort Worth would be dedicated in Galveston, Texas, on September 21, 2012. Council Member Allen Gray announced that a public meeting regarding improvements to the Evans Street Corridor would be held on July 30, 2012, from 3:00 p.m. to 4:30 p.m., at the Ella Mae Shamblee Library, located at 1062 Evans Avenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 249 2012 Page 10 of 26 Mayor Price announced that a neighborhood children's bike ride would be held on July 28, 2012, from 9:00 a.m. to 10:30 a.m., at Oakmont Park, located at 7290 South Bellaire Drive. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY TIIE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mr. Horace Coleman be appointed to Place 5 on the Community Development Council, with a term expiring on October 1, 2013. The motion carried unanimously 9 ayes to 0 nays. Mayor Price advised that Council Member Allen Gray would be appointed to the Housing and Economic Development Committee effective July 24, 2012, and that Council Member Scarth would be appointed as Vice -Chair to the Housing and Economic Development Committee effective July 24, 2012. X11. 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. XIII. RESOLUTIONS 1. A Resolution Adopting a Single - Member City Council District Plan. The City Council considered a Resolution adopting a Single- Member City Council District Plan. Ms. Eunice Givens, 5500 Stafford Drive, appeared before Council in support of the Resolution adopting a Single- Member City Council District Plan. Mr. Fernando Florez, 2740 Hemphill, appeared before Council in opposition to the Resolution adopting a Single- Member City Council District Plan. The following individuals submitted comment cards in opposition to the Resolution adopting a Single- Member City Council District Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 11 of 26 Mr. Jason Smith, 2230 College Avenue Ms. Wanda Conlin, 1755 Martel Mayor Price, Mayor Pro tem Zimmerman, and Council Members Scarth, Moss, Jordan, Shingleton, Burns and Allen Gray, all expressed appreciation to staff for their hard work and stated that they supported the staff proposed Redistricting Plan. Council Member Espino also expressed his appreciation to staff for their hard work throughout the redistricting process. He stated his support of the United Hispanic Council of Tarrant County's 12 -C Plan. Mayor Pro tem Zimmerman was also recognized by his Council colleagues for his hard work on the redistricting process. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Moss, that Resolution No. 4106 -07 -2012 be adopted. The motion carried 8 ayes to 1 nay, with Council Member Espino casting the dissenting vote. 2 A Resolution Settiny, a Public Hearing to be Held During the City Council Meeting Beginning at 7:00 P.I. on Tuesday, September 11, 2012, in the City Council Chamber of the City of Fort Worth, 1000 Throckmorton Street, For Worth, Texas, to Consider Amendments to the Impact Fees for Water and Wastewater Facilities. The City Council considered a Resolution setting a public hearing to be held during the City Council meeting beginning at 7:00 p.m. on Tuesday, September 11, 2012, in the City Council chamber of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas, to consider amendments to the impact fees for water and wastewater facilities. Mayor Price advised that she requested a comparison of water rates which would be presented by Mr. Frank Crumb, Director, Water Department, during the budget presentations. Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Resolution No. 4107 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. A Resolution Appointing a Passenger Rail Working Group to Accelerate the Development of TEX Rail and Other Passenger Rail Initiatives. The City Council considered a Resolution appointing a Passenger Rail Working Group to accelerate the development of TEX Rail and other passenger rail initiatives comprised of 14 members as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 12 of 26 1. Council Member Jungus Jordan, Chair, Passenger Rail Working Group; 2. Mayor Betsy Price; 3. Council Member Joel Burns; 4. Council Member Danny Scarth; 5. Gary Cumbie, Chair, Fort Worth Transportation Authority (The T); 6. Rosa Navejar, Vice Chair, The T; 7. Gary Havener, Secretary, The T; 8. Steve Berry, Board Member, The T; 9. Judge Glen Whitley, Tarrant County; 10. Bill Thornton, President, Fort Worth Chamber of Commerce, or his designee 11. Devoyd Jennings, President, Fort Worth Metropolitan Black Chamber of Commerce, or his designee; 12. President, Fort Worth Hispanic Chamber of Commerce; or designee; 13. Dee Kelly Jr.; and 14. Michael Morris, Director of Transportation, North Central Texas Council of Governments, or his designee. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Resolution No. 4108 -07 -2012 be adopted, with the amendment that Council Member Burns will replace Mayor Pro tem Zimmerman. The motion carried unanimously 9 ayes to 0 nays. XIV. REPORT OF THE CITY MANAGER A. Benefit Heariny- - None B. General 1. M &C G1.7636 - Authorize Condemnation by Eminent Domain to Acquire the Leasehold Interest of 'TGIF /DFW Restaurant Joint Venture in the TGI Friday's Restaurant or Concession Located in Terminal A Near Gate 22 at Dallas /Fort Worth International Airport, I..ease ALyreement No. 238280, Between the Dallas /Fort Worth International Airport Board and TGIF /DFW Restaurant Joint Venture if Neflotiations to Purchase the Leasehold Interest Are L]nsuccessful. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council declare that the public convenience and necessity require the implementation of the Terminal Renewal and Improvement Program, which includes the public use and purpose of construction of a Transportation Security Administration checkpoint to facilitate security screening and other airport improvements, at Terminal A, near Gate 22, Dallas /Fort Worth International Airport, 2040 North International Parkway, City of Grapevine, Tarrant County, Texas, and therefore requires the acquisition of the leasehold interest CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 13 of 26 of TGIF /DFW Restaurant Joint Venture and in the sit -down restaurant premises located in Terminal A, near Gate 22, Dallas /Fort Worth International Airport, 2040 North International Parkway, City of Grapevine, Tarrant County, Texas, under Lease No. 238280, effective June 6, 1996, between the Dallas /Fort Worth International Airport Board and the TGIF /DFW .Restaurant Joint Venture, which is necessary in order to meet the airport's transportation needs as well as to provide for public convenience; declare that if negotiations are unsuccessful between the Dallas /Fort Worth International Airport and TGIF /DFW Restaurant Joint Venture, it is necessary for the City to use condemnation by eminent domain to acquire TGIF /DFW Restaurant Joint Venture's leasehold interest in the TGI Friday's sit -down restaurant or concession located at, Terminal A, Dallas /Fort Worth International Airport near Gate 22, 2040 North International Parkway, City of Grapevine, Tarrant County, Texas, for the public use and purpose of the Terminal Renewal and Improvement Program, which includes construction of a Transportation Security Administration checkpoint to facilitate security screening and other airport improvements; if negotiations are unsuccessful, authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the needed leasehold interest; and authorize the acceptance and recording of appropriate instruments. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G -17636 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire the leasehold interest of TGIF /DFW Restaurant Joint Venture in the TGI Friday's sit -down restaurant or concession located Dallas /Fort Worth International Airport, Terminal A, near Gate 22, 2040 North International Parkway, City of Grapevine, Tarrant County, Texas, for the Terminal Renewal and Improvement Program that includes construction of a Transportation Security Administration checkpoint to facilitate security screening, and other airport improvements. The motion carried unanimously 9 ayes to 0 nays. 2. M &C G -17637 - Adopt Ordinance Providing for the Issuance of the City of Fort Worth, Texas, General Purpose Refunding and Improvement Bonds, Series 2012, in an Aggregate Principal Face Amount Not to Exceed $162,000,000.00, Establishing Parameters with Respect to the Sale of the Bonds, Delegating to the Designated City Officials the Authority to Effect the Sale of the Bonds, Fnactina Other Provisions Relating to the Subject, and Declaring an Immediate Effective Date. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt an Ordinance providing for the issuance of City of Fort Worth, Texas General Purpose Refunding and Improvement Bonds, Series 2012, in an aggregate principal amount not to exceed $162,000,000.00; establishing parameters with respect to the sale of the bonds; delegating to the designated City officials the authority to effect the sale of the bonds; enacting other provisions relating to the subject; and declaring an immediate effective date; authorize the City of Fort Worth, Texas, General Purpose Refunding and Improvement Bonds, Series 2012, be sold within the parameters established in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 249 2012 Page 14 of 26 Ordinance, consistent with the City's Financial Management Policy Statements; approve the execution of an escrow agreement and other instruments related to the issuance of the bonds; and approve the purchase agreement setting forth the terms and conditions for the purchase of the refunding and Improvement Bonds. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17637 be approved and Ordinance No. 20300 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. 1'I &C G -17638 - Adopt Twenty -Third Supplemental Ordinance Authorizing the Issuance and Sale of City of Fort Worth, Texas, Water and Sewer System. Revenue Refundine Bonds, Series 2012, in an Aggregate Principal Face Amount Not to Exceed $40,000,000.00, Delegating to the Designated City Officials the Authority to Effect the Sale of the Bonds, Enacting Other Provisions Relating _to the Subiect and Declaring an Immediate Effective Date. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt a Twenty -Third Supplemental Ordinance authorizing the issuance and sale of City of Fort Worth, Texas, Water and Sewer System Revenue Refunding Bonds, Series 2012, of an aggregate principal amount not to exceed $40,000,000.00; authorize the City of Fort Worth, Texas, Water and Sewer System Revenue Refunding Bonds, Series 2012, be sold within the parameters established in the ordinance; approve the execution of an escrow agreement and other instruments related to the issuance of the bonds; and approve the purchase agreement setting forth the terms and conditions for the purchase of the Refunding Bonds. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17638 be approved and Supplemental Ordinance No. 20301 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. M &C G -17639 - Conduct a Public Hearing and A rove Fiscal Year 2013 Crime Control and Prevention District Budget in the Total Amount of $54,711,925.00. (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) The recommendation was that the City Council conduct a public hearing, as required by law, regarding the Proposed Fiscal Year 2013 Crime Control and Prevention District Budget in the total amount of $54,711,925.00; and approve the Fiscal Year 2013 Crime Control and Prevention District Budget. City Secretary Kayser advised that after the public hearing Council would vote on the Fiscal Year 2013 Crime Control and Prevention District Budget with the exception of the line item "School Security Initiative ". She further advised that the line item "School Security Initiative" would be voted on separately. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 15 of 26 Mayor Price opened the public hearing. a. Report of City Staff Ms. Shallah Graham, Senior Administrative Services Manager, Police Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen comments made at this time. C. Council Action Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. G- 17639, related to the Fiscal Year 2013 Crime Control and Prevention District Budget be approved, with the exception of the line item "School Security Initiative ". The motion carried unanimously 9 ayes to 0 nays. Council Member Allen Gray advised that she would recuse from voting on this item and left her place at the dais. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the line item "School Security Initiative" included in the Fiscal Year 2013 Crime Control and Prevention District (CCPD) Budget be approved. The motion carried 8 ayes to 0 nays, with 1 recusal by Council Member Allen Gray. (Council Member Allen Gray returned to her place at the dais). 5. M &C G -17640 - Conduct a Public Hearing, Authorize Application for and Acceptance, if Awarded, of a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the Amount of $110,000.00 for a New Trailhead at Trinity Park, Authorize Acceptance of a Donation from Streams & Valleys, Inc., in the Amount Up to $10,000.00 and Donation from the Rotary Club of Fort Worth, Texas Inc., in the Amount Up to $100,000.00 for a New Trailhead at Trinity Park, Adopt Appropriation Ordinances and Adopt Resolution (COUNCIL DISTRICT 9) (PUBLIC HEARING) The recommendation was that the City Council Conduct a public hearing to receive public comment on the City's application for a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant (Grant) in the amount of $110,000.00 for a new trailhead at Trinity Park; authorize the application for and acceptance of the grant, if awarded; authorize the acceptance of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 16 of 26 a donation from Streams & Valleys, Inc., in the amount up to $10,000.00 for a new trailhead at Trinity Park; authorize the acceptance of a donation from the Rotary Club of Fort Worth, Texas, Inc., in the amount up to $100,000.00 for a new trailhead at Trinity Park; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the donations, for the purpose of a new trailhead at Trinity Park; adopt an Appropriation, Ordinance increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, or the purpose of the design and construction of a new trailhead at Trinity Park; and adopt a Resolution of the City of Fort Worth, Texas, designating Assistant City Manager, Susan Alanis, as being responsible for, acting for, and on behalf of the City of Fort Worth in dealing with the Texas Parks & Wildlife Department for the purpose of participating in the Local Park Grant Program; certifying that the City of Fort Worth is eligible to receive program assistance; certifying that the City of Fort Worth's matching share is readily available; dedicating the proposed sites for permanent public park and recreational uses; and certifying that the grant application shall be submitted to the North Central Texas Council of Governments for the Texas Review and Comment System (TRACS) review. Mayor Price opened the public hearing. a. Report of City Staff Mr. Joel McElhany, Senior Landscape Architect, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen comments made at this time. C. Council Action Mayor Price recognized members from the Rotary Club and Streams and Valleys, Org., who were in the audience. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that the public hearing be closed and that Mayor and Council Communication No. G -17640 be approved, with appreciation and Appropriation Ordinance Nos. 20302 -07 -2012, 20303 -07 -2012 and Resolution No. 4109 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. C. Purchase of Equipment, Materials, and Services 1. M &C P -11398 - Authorize Purchase A <oreements with J &D Bodine d /b /a Pipina 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) (Continued from a Previous Meeting) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 17 of 26 The recommendation was that the City Council authorize a purchase agreement with J &D Bodine d /b /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 for the first year. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. P -11398 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M &C P -11398 - (Revised) Authorize the Purchase Agreement with J &D Bodine d/b /a Piping Systems International for Butterfly, Resilient Seated Gate and Tapping Valves for the Water Department in an Amount Up to $450,000.00. (ALL COUNCIL DISTRICTS) It was the consensus of the City Council that Mayor and Council Communication No. P -11398 (Revised) be withdrawn from consideration. 3. M &C P -11408 - Authorize Purchase of Forty Full Size Pickup "Trucks from Baby Jack II Automotive LTD d /b /a Caldwell Country Ford Using a Cooperative Contract for Multiple City Departments in the Amount of $847,348.00. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize the purchase of 40 full size pickup trucks from Baby Jack II Automotive, LTD., d/b /a Caldwell Country Ford, using the Texas Smart Buy Cooperative Contract Number 072 -A1 for multiple City departments in the amount of $847,348.00. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P -11408 be approved. The motion carried unanimously 9 ayes to 0 nays. D. Land 1. M &C L -15407 - Authorize Condemnation by Eminent Domain of an Easement Interest in 1.477 Acres of Land from Redus Texas Land, L.L.C., for an Access Easement Located in Denton County, Texas at the Northwest Corner of State Ili2hway 114 Alone the Burlington Northern Santa Fe Railroad Track for the Alliance Airport Runway Extension Project. COUNCIL DISTRICT 2) The recommendation was that the City Council declare that based upon the Burlington Northern Santa Fe Railroad Relocation Agreement executed on May 7, 2010, (M &C C- 24205) between the City and the Burlington Northern Santa Fe Railway Company, the Alliance Airport Runway CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 18 of 26 Extension Project is necessary in order to meet the City's transportation needs as well as to provide for the public's convenience; declare the public convenience and necessity to take through condemnation by eminent domain a variable width access easement interest in 1.477 acres of land on the subject property located in the G. Cardinas Survey, Abstract No. 214, Denton County, Texas, for the relocation of the Burlington Northern Santa Fe Main Line Track; authorize the City Manager and his designee, TranSystems, to attempt to acquire through eminent domain proceedings under Texas law the easement interest for its fair - market value through good -faith negotiations with Redus Texas Land, L.L.C., and if the negotiations are unsuccessful, authorize the City Attorney to acquire the easement interest without mineral interests in the parcel as well as any remainder would be economically prudent; authorize payment pursuant to an award of commissioners and /or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the acceptance and recording of the appropriate instruments. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L -15407 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the Alliance Airport Runway Extension Project to acquire from Redus Texas Land, L.L.C., for the Burlington Northern Santa Fe (BNSF) Main Line Track relocation a 64,344 square feet of land for a variable width access easement. The land is legally described as a portion out of a 188.651 acre tract of land situated in the G. Cardinas Survey, Abstract Number 214, Denton County, Texas, owned by Redus Texas Land, L.L.C., and located at the northwest corner of the intersection of S.H. 114 and BNSF the Railroad track in Denton County, Texas. The variable width access easement is described by a metes and bounds survey and depicted by a survey plat attached to Mayor and Council Communication No. L- 15407. The motion carried unanimously 9 ayes to 0 nays. 2. M &C L45408 - Authorize Condemnation by Eminent Domain of Fee Simple Interest in 0.145 Acres of Land for Right- of-Way and Temporary Easement Interest in 0.1.57 Acres of Land for Construction, Owned by Golden Brown Bear LLC, Northeast of the Trinity Boulevard and Precinct Line Road Intersection, Also Known as 0000 Precinct Line Road, for the Widening of Precinct Line Road from Highway 10 to Concho Trail. (COUNCIL DISTRICT 5} The recommendation was that the City Council declare that negotiations between the City and the landowner were unsuccessful due to the inability to agree on a purchase price to acquire a fee simple interest in 0.145 acre of land needed for right -of -way and temporary easement interest in 0.157 acre for construction on land owned by Golden Brown Bear, LLC, located on the northeast corner of the Trinity Boulevard and Precinct Line Road intersection also known as 0000 Precinct Line Road in Lot 1A2, Block 2, of Texas Industries Addition, City of Fort Worth, Tarrant County, Texas; declare the necessity to acquire a fee simple interest and an easement interest in the subject property by means of condemnation by eminent domain for the widening of Precinct CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 19 of 26 Line Road; authorize City Attorney to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the property; and authorize payment pursuant to an award of commissioners and /or upon negotiated settlement in lieu of condemnation by eminent domain. Motion:• -Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L -15408 be approved that the Fort Worth City Council authorize the use of the power of eminent domain to acquire a 0.145 acre tract of land for right -of -way acquisition and a 0.157 acre tract of land for a temporary construction easement out of Lot 1A2, Block 2, Texas Industries Addition, also known as 0000 Precinct Line Road located northeast of the Trinity Boulevard and Precinct Line Road intersection, to be used to widen the roadway from a two (2) lane undivided section to a four (4) lane divided section from State Highway 10 to Concho Trail for the Precinct Line Road project. The fee simple interest and temporary construction easement interest are described by metes and bounds and depicted by survey plats attached to Mayor and Council Communication No. L- 15408. The motion carried unanimously 9 ayes to 0 nays. 3. M &C L-15409 Conduct a Public Hearing and Authorize Use of a Portion of Trinity Park for the Purpose of Installing Sanitary Sewer Improvements. (COUNCIL DISTRICT 9) (PUBLIC HEARING) The recommendation was that the City Council Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to the use of Trinity Park for the location of the proposed sanitary sewer improvements; find that the proposed sanitary sewer improvements include all reasonable planning to minimize harm to the parkland and will be constructed in Trinity Park as specified; and close the public hearing and authorize the use of approximately 1.33 acres of Trinity Park, located at 2401 University Drive, southwest of the Clear Fork Trinity River, south access IH 30 West, east of University Drive, intersected by Crestline Road, south of terminus of Foch Street, intersected Lancaster Avenue, east of Museum Way, south of 7th Street, for the installation of sanitary sewer improvements. Mayor Price opened the public hearing. a. Report of Citv Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen comments made at this time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 20 of 26 C. Council Action Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. L -15409 be approved. The motion carried unanimously 9 ayes to 0 nays. E. Planning & Zoning 1. M &C PZ -2982 - Adopt Ordinance Vacating a Portion of Southland Avenue .Between Pulaski Street and Terrell Avenue for Future Expansion of Ronald McDonald House. (COUNCIL DISTRICT 9) The recommendation was that the City Council adopt an Ordinance vacating and extinguishing a portion of Southland Avenue, situated in the Wm. Welch Survey, Abstract No. 1644, located in the City of Fort Worth, Tarrant County, Texas; as shown on plat for Southland Subdivision of Block 10 Field's Welch Addition an addition to the City of Fort Worth, Tarrant County, Texas; containing approximately 7,500 Square Feet or 0.172 acres of land, providing for reversion of fee in said land; providing that the City shall retain all existing utilities easements and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ -2982 be approved and Ordinance No. 20304 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M &C C- 25760 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 41420 with Scientel Wireless, LLC, in the Amount Not to Exceed $1,400,000.00 for Services Related to the Public Safety Radio Upgrade Project. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize the execution of Amendment No. 2 to City Secretary Contract No. 41420 with Scientel Wireless, LLC, in the amount not to exceed $1,400,000.00 for services related to the Public Safety Radio Upgrade Project. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25760 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M &C C -25761 - Authorize Interest Bearing Interfund Loan from the Aviation Endowment Gas Lease Fund to the Specially Funded Capital Projects Fund in the Amount of $10,400,000.00 for the Interim Funding of Improvements to North Riverside Drive /Old Denton Road Between Golden Triangle Boulevard and North Tarrant Parkwav, authorize Execution of Necessary and Related Documents to Effect the Loan and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 21 of 26 The recommendation was that the City Council suspend the Financial Management Policy Statements that require an interfund loan to be repaid within five (5) years; authorize an interest - bearing Interfund Loan Agreement from the Aviation Endowment Gas Lease Fund to the Specially Funded Capital Projects Fund in the amount of $10,400,000.00 for interim financing of improvements to North Riverside Drive /Old Denton Road between Golden Triangle Boulevard - and North Tarrant Parkway, pending contract execution; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund, from available funds, for the purpose of funding the project. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25761 be approved and Appropriation Ordinance No. 20305 -07 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. M &C C -25762 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $2,033,311.50 for the Storm Drainage and Paving Improvements for Beaumont Street, Zwolle Street, and Terminal -Deer Road. (COUNCIL DISTRICT 2) The recommendation was that the City Council authorize execution of a contract with Conatser Construction TX, LP, in the amount of $2,033,311.50 for construction of the Storm Drainage and Paving Improvements for Beaumont Street, Zwolle Street, and Terminal -been Road. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25762 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M &C C -25763 - Authorize Execution of a Contract with Peachtree Construction Ltd., in the Amount of $1,298,912.30 for I-lot Mix Asphaltic Concrete Surface Overlay 2012 -15 at Various Locations. (COUNCIL DISTRICTS 5, 6 and 8) The recommendation was that the City Council authorize the execution of a contract with Peachtree Construction, Ltd., in the amount of $1,298,912.30 for 150 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2012 -15 at various locations. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25763 be approved. The motion carried unanimously 9 ayes to 0 nays. 5. M &C C -25764 - Authorize Execution of a Contract with Peachtree Construction Ltd., in the Amount of $1,095,004.80 for Hot Mix Asphaltic Concrete Surface Overlav 2012 -17 at Multiple Locations. (COUNCIL DISTRICTS 5 and 61 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 22 of 26 The recommendation was that the City Council authorize the execution of a contract with Peachtree Construction, Ltd., in the amount of $1,095,004.80 for 140 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2012 -17 at multiple locations. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25764 be approved. The motion carried unanimously 9 ayes to 0 nays. 6. M&C C -25765 - Authorize Execution of a Utility Adjustment Agreement with Oncor Electric Delivery Company, LLC, in the Amount of $153,560.00 for Construction Fees Associated with the Relocation of Electrical Power Lines as Part of the Runway Extension Project at Fort Worth Alliance Airport. {COUNCIL DISTRICT 2) The recommendation was that the City Council authorize execution of a Utility Adjustment Agreement with Oncor Electric Delivery Company, LLC, in the amount of $153,560.00 for construction fees associated with the relocation of electrical power lines as part of the Runway Extension Project at Fort Worth Alliance Airport. 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 Moss, that Mayor and Council Communication No. C -25765 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Scarth. 7. M &C C -25766 - Authorize Execution of :Amendment No. 2 in the Amount of $343,881.00 to City Secretary Contract No. 39090 with Freese and Nichols, Inc., for a Revised "Total Contract Amount of $1,233,431.00 for Design of Eastside Pump Station and General Construction Representation for a 54 -Inch Eastside II Water Main. C( OUNCIL DISTRICT 8) The recommendation was that the City Council authorize the execution of Amendment No. 2 in the amount of $343,881.00 to City Secretary Contract No. 39090 with Freese and Nichols, Inc., to provide additional engineering services on the project, thereby increasing the contract amount to $1,233,431.00. Council Member Jordan stated that he was advised by the City Attorney that he did not have a conflict of interest and was able to vote on this item. Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25766 be approved, with the amendment to delete in its entirety, paragraph four (4) under the "DISCUSSION" section beginning with the words "Subsequent to the selection... ". The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 23 of 26 8. 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) (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 (HIPP), 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 as detailed; 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 as detailed; authorize the collection and use of any program income resulting from activities using prior years' HIPP 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 one (1) year term with the agencies listed in Tables 1, 2, and 3 of Mayor and Council Communication No. C- 25767, for Program Year 2012 -2013 for CDBG, ESG and 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 such 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 ($5,830,119.00 in CDBG funds, $1,973,169.00 in HIPP funds, $532,857.00 in ESG funds and $942,706.00 in HOPWA funds) plus any program income, subject to receipt of various grants and program income, for the purpose of funding programs to primarily benefit low and moderate income City residents, homeless persons and person with HIV /AIDS. Mayor Price opened the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 24 of 26 a. Report of City Staff Mr. Avis Chaisson, Community Development Coordinator, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. Cindy Crain, 284 Gail Drive, Weatherford, Texas 76085, appeared before Council in support of Mayor and Council Communication No. C- 25767. Council Member Moss expressed concern about the allocations for emergency repairs on the homes in the City. He requested that this be reviewed and for staff to seek other possible sources of funding. C. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. C -25767 be continued until the August 7, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. XV. PUBLIC HEARING Mayor Price opened the public hearing. 1. Second Public Hearing for a Proposed City - Initiated Annexation of Approximately 0.65 Acres of Land in Denton County, Located Alonp, and North of I.itsey 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. b. Citizen Comments There were no citizen comments made at this time. C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 25 of 26 XVI. ZONING HEARING t.ZC -12 -042 - (CD 2) - Taly's Properties, Inc., 3240 NW 33rd Street; froin: "A -5" One- Family to: "PD /SU" Planned Development /Specific Use for arena, club house, and stables; site plan included.(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. ZC -12 -042. Mr. Christopher Bonilla, representing the applicant, 8540 Charleston Avenue, appeared before Council in support of Zoning Docket No. ZC -12 -042. (Provided PowerPoint presentation) The following individuals appeared before Council in opposition to Zoning Docket No. ZC -12 -042. Mr. JD Jimmerson, 3302 Roosevelt Avenue Ms. Hazel Pointer, 1413 Selene Street Council Member Espino expressed appreciation to all for attending the meetings and participating in the community outreach. He stated that this was a land use issue. He advised that the horse stables were very close to a residential area and pointed out that neighborhood associations in the area did have concerns with this zoning request. He also added that there were issues with very narrow streets in the area and the funding associated with this. He recommended that the applicant look at Marine Creek Parkway to possibly renovate stables in that area. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC -12 -042 be denied. The motion carried unanimously 9 ayes to 0 nays. XVII. CITIZEN PRESENTATIONS Ms. Lori Morrow, 4912 South Hughes Avenue, completed a speaker card relative to law enforcement response time and was recognized by Mayor Price, but was not present in the Council Chamber. (Council Member Espino left his place at the dais and did not return.) Mr. Charles Dreyfus, 2416 Park Place, appeared before Council relative to the closure and renovation of area pools. (Council Member Moss left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2012 Page 26 of 26 Ms. Judith Moore, 11093 Alta Vista Lot 28, appeared before Council relative to the discrimination of handicapped citizens. (Council Member Moss returned to his place at the dais.) Ms. Moore was referred to Mr. Jason Lamers, Assistant to the Mayor /Chief of Staff, City Manager's Office, for contact information. XVIII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 11:36 a.m., in memory of the individuals who lost their lives or were injured in the Aurora, Colorado tragedy, as well as their loved ones. These minutes approved by the Fort Worth City Council on the 71h day of August, 2012. Attest: Mary J. Kays r City Secretary Approve Bet Mayor