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HomeMy WebLinkAbout2012/08/21-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 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 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 10:07 a.m., on Tuesday, August 21, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. INVOCATION - Dr. Robert Kenji Flowers - Polytechnic United Methodist Church The invocation was provided by Dr. Robert Kenji Flowers - Polytechnic United Methodist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGUST 14, 2012 Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that the Minutes of the Regular Meeting of August 14, 2012, be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 2 of 19 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA Council Member Jordan requested that Mayor and Council Communication No. P -11425 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. PZ -2957 be continued until the September 25, 2012, Council meeting. VII. CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the Consent Agenda be approved as amended. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M &C G-17650 - Adopt Resolution Declaring the TEX Rail Proiect and the I -35 Corridor Proiect as Maior Infrastructure Proiects as Defined in the City of Fort Worth's Relocation Incentives Policy. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4118 -08 -2012 declaring the TEX Rail Project and the I -35 Corridor Project as Major Public Infrastructure Projects as defined in the City of Fort Worth's Relocation Incentives Policy. 2. M &C G -17651 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Simon's Executive Car Service, Inc., to Operate Thirty -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 35 limousines upon the City streets, alleys and thoroughfares; Simon's Executive Car Service, Inc., is qualified and financially able to conduct a limousine service within the City; Simon's Executive Car Service, Inc., has complied with the requirements of Chapter 34 of the City Code; Simon's Executive Car Service, Inc., presented facts in support of compelling demand and necessity for 35 limousines; the general welfare of the citizens of the City will best be served by the addition of 35 limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20332 -08 -2012 granting the privilege of operating authority to Simon's Executive Car Service, Inc., for the use of the streets, alleys, and public thoroughfares of the City in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 3 of 19 conduct of its limousine business, which shall consist of the operation of 35 limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Simon's Executive Car Service, Inc., subject to and conditioned on Simon's Executive Car Service, Inc., 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 -11422 - Authorize Purchase Agreement with Buyers Barricades, Inc., in the Amount Up to $179,000.00 for Traffic Control Equipment and Barricades for the Transportation and Public Works Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Buyers Barricades, Inc., in the amount up to $179,000.00 for traffic control equipment and barricades for the Transportation and Public Works Department for the first year. 2. M &C P -11423 - Authorize Purchase Agreement with Lawn Patrol Service, Inc., in the Amount Up to $179,465.00 to Provide Channel Maintenance and Mowing Services for the Transportation and Public Works Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Lawn Patrol Service, Inc., in the amount up to $179,465.00 to provide channel maintenance and mowing services for the Transportation and Public Works Department. 3. M &C P -11424 - Authorize Agreement with Pitney Bowes Global Financial Services LLC, in the Amount Up to $150,000.00 for the Lease of Mail- Processing Equipment for the Financial Management Services Department Using a TXSmartBuy Cooperative Contract. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an agreement with Pitney Bowes Global Financial Services, LLC, in the amount up to $150,000.00 for the lease of mail - processing equipment for the Financial Management Services Department using a TxSmartBuy cooperative contract. C. Land - Consent Items 1. M &C L -15428 - Authorize Acquisition of a Fee Simple Interest in 0.1147 Acres in Improved Lots for the Central Arlington Heights Drainage Improvements Project Located at 4517 Bryce Avenue from Stephen C. Vaughan in the Amount of $220,000.00 and Pay Estimated Closing Costs Up to the Amount of $5,000.00 for a Total Cost in the Amount of $225,000.00 and Authorize Payment of Relocation Assistance Up to the Amount of $10,000.00. (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 4 of 19 The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1147 acre improved lots located at 4517 Bryce Avenue, Fort Worth, Texas and described as Lots 15 and 16, Block 39, Chamberlain Heights 1 st Addition, from Stephen C. Vaughan; find that the total purchase price in the amount of $220,000.00 is just compensation; authorize acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs up to the amount of $5,000.00; and authorize the payment of relocation assistance up to the amount of $10,000.00. D. Planning & Zoning - Consent Items - None E. Award of Contract - Consent Items L M &C C -25788 - Amend Mayor and Council Communication C -25590 to Increase the Allowed Right -of -Way Usage and the One -Time License Fee Amount for a Natuaral Gas Pipeline to be Installed by Texas Midstream Gas Services, LLC, Across Lakeridge Road. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Amend Mayor and Council Communication No. C -25590 to increase the allowed right -of -way usage from 61 feet to 62 feet and the one (1) time license fee amount from $2,952.40 to $3,000.80 for a natural gas pipeline to be installed by Texas Midstream Gas Services, L.L.C., across Lakeridge Road. 2. M &C C -25789 - Authorize Execution of Amendment No. 1 to Tax Abatement Agreement with Lancaster Properties, LLC, to City Secretary Contract No 42665 for Extending the Completion Deadline and Amending Certain Provisions Related to the Affordable /Accessible Housing Requirement (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 to the Tax Abatement Agreement with Lancaster Properties, LLC, to City Secretary Contract No. 42665 for extending the completion deadline and amending certain provisions related to the Affordable /Accessible Housing Requirement in the agreement. 3. M &C C -25790 - Authorize Execution of a Contract with McClendon Construction Co., Inc., in the Amount of $484,446.00 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Hatcher Street and Richardson Street and Adopt Appropriation Ordinances (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the transfer of $229,992.00 from the Water and Sewer Fund in the amounts of $122,136.00 to the Water Capital Projects Fund and $107,856.00 to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20333 -08 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of pavement reconstruction, water CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 5 of 19 and sanitary sewer main replacement for Hatcher Street, E. Berry to Forbes Street and Richardson Street, S. Hughes Avenue to S. Edgewood Terrace; adopt Appropriation Ordinance No. 20334 -08 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the same purpose as reflected above; and authorize the execution of a contract with McClendon Construction Co., Inc., in the amount of $484,446.00 for pavement reconstruction, water and sanitary sewer main replacement for the streets listed above. 4. M &C C -25791 - Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for Participation in the Environmental Collection Center Household Hazardous Waste Program. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the City Manager to execute interlocal agreements with various municipalities and other governmental entities for their participation in the Environmental Collection Center Household Hazardous Waste Program. 5. M &C C -25792 - Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $633,961.25 for Hot Mix Asphaltic Concrete Surface Overlay 2012 -18 at Various Locations. (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of a contract with JLB Contracting, LLC, in the amount of $633,961.25 for 120 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2012 -18 at various locations. 6. M &C C -25793 - Authorize Execution of Amendment to City Secretary Contract No. 35648 with Monroe Street Venture for the Lease of the Fourth Floor of the Municipal Parking Garage Located at Tenth and Taylor Streets to Extend the Term. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an amendment to City Secretary Contract No. 35648, the lease agreement with Monroe Street Venture for the fourth floor of the Municipal Parking Garage located at 10th and Taylor Streets to extend the lease with a three (3) year term commencing on September 1, 2012, and one (1) two (2) year renewal option. 7. M &C C -25794 - Authorize Execution of Amendment No. 5 to an Engineerin Services Agreement, City Secretary Contract No. 38733, with Jacobs Engineering Group, Inc., in the Amount of $24,475.00 for the Design of North Beach Street from Vista Meadows Drive to South of Shiver Road, Thereby Increasing the Total Contract Cost to $382,431.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize execution of Amendment No. 5 to City Secretary Contract No. 38733, an engineering services agreement with Jacobs Engineering Group, Inc., in the amount of $24,475.00 for the design of North Beach Street from CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 6 of 19 Vista Meadows Drive to south of Shiver Road, thereby increasing the total contract cost to $382,431.00. 8. M &C C -25795 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 42524 with Hahnfeld Hoffer & Stanford, LLC, in the Amount of $99,964.00 Plus Up to $5,000.00 in Reimbursable Expenses to Design and Provide Construction Administration for Alterations to the Exhibit and Catering Spaces in the Richardson -Bass Building at the Will Rogers Memorial Center and Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $104,964.00 and Decreasing the Assigned Fund Balance by the Same Amount. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20335 -08 -2012 increasing the estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $104,964.00 and decreasing the assigned fund balance by the same amount, for the purpose of alterations to the exhibit and catering spaces in the Richardson -Bass Building at the Will Rogers Memorial Center; and authorize the execution of Amendment No. 2 to City Secretary Contract Number 42524 with Hahnfeld Hoffer & Stanford, LLC, in the amount of $99,964.00 plus up to the amount of $5,000.00 in reimbursable expenses for the design and construction administration services for alterations to the exhibit and catering spaces in the Richardson -Bass Building at the Will Rogers Memorial Center increasing the contract amount to $111,294.00 plus up to the amount of $10,000.00 in reimbursable expenses. 9. M &C C -25796 - Authorize Execution of Change Order No. 1 to City Secretary Contract No. 43461 with Crosstex Energy Services in the Amount of $796,248.00 for Relocation of Gas Pipelines Along John Day and Keller Haslet Roads as Part of the Runway Extension Project at Fort Worth Alliance Airport. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Change Order No. 1 to City Secretary Contract No. 43461 with Crosstex Energy Services in the amount of $796,248.00 for the relocation of gas pipelines along John Day and Keller Haslet Roads as part of the Runway Extension Project at Fort Worth Alliance Airport. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1860 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. B. Purchase of Equipment, Materials, and Services - Removed From Consent Agenda for Individual Consideration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 7 of 19 4. M &C P -11425 - Ratify Emergency Agreement with PRP Services, L.L.C., for Mosquito Management Services for the Code Compliance' Department in the Amount Up to $100,000.00 (ALL COUNCIL DISTRICTS) It was recommended that the City Council ratify an emergency agreement with PRP Services, L.L.C., for mosquito management services for the Code Compliance Department in the amount up to $100,000.00. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P -11425 be approved. The motion carried 7 ayes to 2 nays, with Council Members Jordan and Shingleton casting the dissenting votes. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations, introductions, etc. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Price announced that the Council meeting would be adjourned in memory of Mr. Thomas Anable, who passed away on August 18, 2012. Council Member Shingleton announced that an emergency response exercise would be held on August 29, 2012, at the Naval Air Station Joint Reserve Base, to simulate a hypothetical aircraft accident. Council Member Espino expressed appreciation to all involved in the back to school events held by Hispano Exito at the Wilkerson Greines Community Center and by North Tri- Ethnic at the Community Center in the Far Greater Northside Area. He also welcomed his daughter Alyssa Espino to the Council meeting and mentioned she would be starting back to school next week. Council Member Burns stated that Mr. Anable, who passed away on August 18, 2012, was the President of Fairness Fort Worth and was a long time community volunteer and activist who would be greatly missed by his family and friends. He announced that a meeting regarding the Ferrell Cat Policy would be held on August 21, 2012, at 6:30 p.m., at the Botanic Garden. He also announced the Ribbon Cutting and Dedication Ceremony of the Phyllis J. Tilley Memorial Bridge would be held on August 25, 2012, at 10:00 a.m., at Trinity Park, south of the Lancaster Bridge. He stated that an End of Summer and Back to School event would be held at the Fire Station Community Center on August 25, 2012, from 10:00 a.m. to 1:00 p.m. He also announced CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 8 of 19 that a Groundbreaking Ceremony for the Knights of Pythias Lofts would be held on August 28, 2012, at 9:30 a.m. He advised that the Ribbon Cutting and Dedication for the new TCU Stadium would be held on September 6, 2012, from 1:00 p.m. to 2:30 p.m. He also announced that the kick off for Embrace the Street, A Better Block Project would be held at the Race Street Lofts September 8 -9, 2012. He stated for more information about any of the events to contact the District 9 Office at 817 - 392 -8809. Council Member Moss announced that he and Mayor Pro Tern Zimmerman attended the one (1) year celebration of the opening of the E- Skills Library, formerly the Meadowbrook Library. He stated over 52,000 patrons had visited the new facility since July 2012. He also announced that the Dunbar Boys Academy would host their Open House on October 23, 2012, at 10:00 a.m. He also advised that Dunbar High School would also be holding a community, parade on August 25, 2012, to get everyone excited about starting back to school and stated that a school supply give away would be held at the Brighter Outlook Center. Council Member Scarth announced that Mayor Price and other Council Members would visit Eastern Hills High School and other Fort Worth Independent Schools to welcome students back to class on August 27, 2012. Mayor Price announced the Heart Walk would be held on September 8, 2012, at 8:00 a.m., at Stockyard Station and encouraged everyone to attend. She also announced that the Council would proclaim August 28, 2012, as T.A. Simms Day, to honor Mr. Simms' 30 years of service as the first African American School Board President. 2. Recognition of Citizens There were no citizens recognized at this time. YI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that Mr. Bo V. Cung be appointed to Place 6 on the Appeals Board, with a term expiring on September 30, 2012. The motion carried unanimously 9 ayes to 0 nays. XII. 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 9 of 19 XIII. RESOLUTION 1. A Resolution of the City Council of the City of Fort Worth, Texas Changing the Regularly Scheduled City Council Meeting from November 13, 2012 to November 12, 2012 The recommendation was that the City Council adopt a Resolution changing the regularly scheduled City Council meeting from November 13, 2012, to November 12, 2012. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Resolution No. 4119 -08 -2012 be approved. The motion carried unanimously 9 ayes to 0 nays. XIV. REPORT OF THE CITY MANAGER A. Benefit Hearing City Secretary Kayser read the following: BH -277 through BH -283 - Conduct Public Benefit Hearings Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five (5) Year Service Plan and Proposed 2012 Assessment Rolls for: • Public Improvement District No. 1, Downtown; • Public Improvement District No. 6, Park Glen; • Public Improvement District No. 7, Heritage; • Public Improvement District No. 8, Camp Bowie; • Public Improvement District No. 11, Stockyards; • Public Improvement District No. 12, Chapel Hill; and • Public Improvement District No. 14, Trinity Bluff Mayor Price opened the public hearing. 1. M &C BH -277 - Conduct a Public Benefit Hearing Regardinp- the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 1, Downtown. (COUNCIL DISTRICT 9) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and proposed method of assessment for Fort Worth Public Improvement District No. 1, Downtown, for Fiscal Year 2012 -2013, which has been prepared by the Downtown Public Improvement District Advisory Board; approve the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 10 of 19 filing of the proposed 2012 Assessment Roll for the Downtown Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final approval of the Downtown Public Improvement District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and adoption of the 2012 Assessment Roll. 2. M &C BH -278 - Conduct a Public Benefit Hearing Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 6, Park Glen. (COUNCIL DISTRICT 4) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and proposed method of assessment for Fort Worth Public Improvement District No. 6, Park Glen, for Fiscal Year 2012 -2013; approve the filing of the proposed 2012 Assessment Roll for the Park Glen Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final approval of the Park Glen Public Improvement District's Fiscal Year 2012- 2013 Budget and Five (5) Year Service Plan and adoption of the 2012 Assessment Roll. 3. M &C BH -279 - Conduct a Public Benefit Hearing Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 7, Heritage. (COUNCIL DISTRICTS 4 and 7) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and proposed method of assessment for Fort Worth Public Improvement District No. 7, Heritage, for Fiscal Year 2012 -2013; approve the filing of the proposed 2012 Assessment Roll for the Heritage Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final consideration of the Heritage Public Improvement District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and adoption of the 2012 Assessment Roll. 4. M &C BH -280 - Conduct a Public Benefit Hearing Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 8, Camp Bowie (COUNCIL DISTRICTS 3 and 7) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and proposed method of assessment for Fort Worth Public Improvement District No. 8, Camp Bowie, for Fiscal Year 2012 -2013; approve the filing of the proposed 2012 Assessment Roll for the Camp Bowie Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final consideration of the Camp Bowie Public Improvement District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and 2012 Assessment Roll. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 11 of 19 5. M &C BH -281 - Conduct a Public Benefit Hearing Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 11, Stockyards. (COUNCIL DISTRICT 2) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and method of assessment for Fort Worth Public Improvement District No. 11, Stockyards, for Fiscal Year 2012 -2013; approve the filing of the proposed 2012 Assessment Roll for the Stockyards Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final consideration of the Stockyards Public Improvement District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and 2012 Assessment Roll. 6. M &C BH -282 - Conduct a Public Benefit Hearing Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 12, Chapel Hill. (COUNCIL DISTRICT 7) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and proposed method of assessment for Fort Worth Public Improvement District No. 12, Chapel Hill, for Fiscal Year 2012 -2013; approve the filing of the proposed 2012 Assessment Roll for the Chapel Hill Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final consideration of the Chapel Hill Public Improvement District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and 2012 Assessment Roll. 7. M &C BH -283 - Conduct a Public Benefit Hearing Regarding the Proposed Fiscal Year 2012 -2013 Budget, Five -Year Service Plan and Proposed 2012 Assessment Roll for Public Improvement District No. 14, Trinity Bluff. (COUNCIL DISTRICT 9) (PUBLIC HEARING) It was recommended that the City Council conduct a public benefit hearing to receive comments on the proposed budget, Five (5) Year Service Plan and proposed method of assessment for Fort Worth Public Improvement District No. 14, Trinity Bluff, for Fiscal Year 2012 -2013; approve the filing of the proposed 2012 Assessment Roll for the Trinity Bluff Public Improvement District with the City Secretary for public inspection; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final consideration of the Trinity Bluff Public Improvement District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and 2012 Assessment Roll. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 12 of 19 a. Report of City Staff Mr. Coy Gray, Senior Administrative Services Manager, Housing Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals completed speaker cards in support of Mayor and Council Communication No. BH -278, but did not wish to address the City Council. Mr. Mark Palermo, representing Premier Communities, 1240 Keller Parkway Ms. Ashlynn Wells, representing Premier Communities, 3102 Oak Lawn, No. 202, Dallas, Texas 75252 The following individuals completed speaker cards in support of Mayor and Council Communication No. BH -279, but did not wish to address the City Council. Ms. Carla Felipe, representing Premier Communities, 9536 Courtwright Drive Ms. Ashlynn Wells, representing Premier Communities, 3102 Oak Lawn, No. 202, Dallas, Texas 75252 Ms. Kristin Jaworski, 131 a East Exchange Avenue, completed a speaker card in support of Mayor and Council Communication No. BH -281, but did not wish to address the City Council. C. Council Action Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, to close the public hearing and submit the assessment rolls for public inspection. Motion: Council Member Burns made a substitute motion, seconded by Mayor Pro tem Zimmerman, to close the public hearings for Mayor and Council Communication Nos. BH -277 through BH -283, approve filing the proposed assessment rolls with the City Secretary for public inspection, and set the final benefit hearing for September 11, 2012. The motion carried unanimously 9 ayes to 0 nays. B. General 1. MBcC G- 1.7652 - Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the 2007 Critical Capital Projects Fund, the New Equipment Purchases Fund, the Street Improvements 2004 Overrun Fund and the Public Safety Training Facility Fund in the Combined Amount of $94,073,000.00 from the Sale of Combination Tax and Revenue Certificates of Obligation, Series 2012, for the Purpose of Funding Various Projects for Capital Improvements and Reimbursing for New Equipment Purchases (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 13 of 19 It was recommended that the City Council adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the 2007 Critical Capital Projects Fund, the New Equipment Purchases Fund, the Street Improvements 2004 Overrun Fund, and the Public Safety Training Facility Fund in the combined amount of $94,073,000.00 from the sale of Combination Tax and Revenue Certificates of Obligation, Series 2012, for the purpose of funding various projects from the 2007 Critical Capital Needs Program funding cost over -runs from the 2004 Bond Program reimbursing the New Equipment Purchases Fund for the purchase of fire equipment, funding design and construction of the public safety training facility, and paying bond issuance costs. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17652 be approved and Appropriation Ordinance No. 20336 -08 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M &C G -17653 - Authorize Transfer in the Amount of $6,999,882.00 for Fiscal Year 2012 Budgeted Funding of the Public Agencies Retirement Services Retiree Health Care Plan Trust. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the Fiscal Year 2012 budgeted transfer in the amount of $6,999,882.00 to the Public Agencies Retirement Services Retiree Health Care Plan Trust. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G -17653 be approved. The motion carried 8 ayes to 1 nay, with Council Member Jordan casting the dissenting vote. 3. M &C G-17654 - Adopt Resolution Establishing the Fort Worth Public Improvement District No. 15, Sun Valley. (COUNCIL DISTRICT 5) (PUBLIC HEARING) It was recommended that the City Council adopt a Resolution establishing Fort Worth Public Improvement District No. 15 (Sun Valley PID) and makes certain findings concerning the nature and advisability of the improvements and services to be provided in the Sun Valley Public Improvement District, the estimated costs, the boundaries of the Sun Valley Public Improvement District, the method of assessment and the apportionment of costs between the Sun Valley Public Improvement District and the City as a whole; establishes the Sun Valley Public Improvement District; and approves the budget and a Five (5) Year Service Plan for the Sun Valley Public Improvement District; direct the City Secretary to publish notice of the establishment of the Sun Valley Public Improvement District as required by Chapter 372 of the Texas Local Government Code; and set a public benefit hearing for September 11, 2012, at 7:00 p.m., for final consideration of the Sun Valley District's Fiscal Year 2012 -2013 Budget and Five (5) Year Service Plan and 2012 Assessment Roll. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 14 of 19 Mr. Sid Cavanaugh, 5450 East Loop 820 South, appeared before Council in opposition to Mayor and Council Communication No. G- 17654. (provided handout) Mr. Jay Chapa, Director, Housing and Economic Development Department, responded to Mr. Cavanaugh's questions regarding whether an impact study had been done for this PID by stating an impact study had not been performed. He advised that the Resolution was to create the PID and not to set the budget or levy any assessment. Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that the public hearing be closed and that Mayor and Council Communication No. G -17652 be approved and Resolution No. 4120 -08 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. C. Purchase of Equipment, Materials, and Services - None D. Land - None E. Planning & Zoning 1. M &C PZ -2957 - Consider Institution of the Annexation and Adoption of Ordinance for the Owner - Initiated Annexation of Approximately 3.3 Acres of Land Located North of Avondale - Haslet Road and East of US 287 AX -11 -008, 2484 Avondale - Haslet Road (COUNCIL DISTRICT 7) (Continued from a Previous Meeting) It was recommended that the City Council institute and consider the adoption of an Ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 3.3 acres tract of land situated in the G. S. Rall Survey, Abstract Number 1801, also known as Lot 22, Block 6 of the Haslet Heights Addition, situated about 15.3 miles north 18 degrees west of the Courthouse, Tarrant County, Texas, (Case No. AX -11 -008) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. It was the consensus of City Council that Mayor and Council Communication No. PZ -2957 be continued until the September 25, 2012, Council meeting. 2. M &C PZ -2987 - Adopt Ordinance Amending the Subdivision Ordinance, Chapter 31 of the City Code, Articles IIL IV, V, VI and IX to Improve the Flexibility, Efficiency and Predictability of the Development Process. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 15 of 19 It was recommended that the City Council adopt an Ordinance amending the Subdivision Ordinance of the City of Fort Worth, being Ordinance No. 17154, Codified as Chapter 31 of the Code of the City of Fort Worth, by amending Article III, "Platting'; Section 31 -41, "Plat Requirements" to clarify when a plat is required, Section 31 -42, "Types of Plans and Plats" and Section 31 -63, "Review, Approval and Expiration" to clarify when a preliminary plat is required and when it expires; and by amending Article IV, "Submission Review Process "; Section 31 -64, and Article VI, "Subdivision Design Standards ", Section 31 -104 to allow vacation of public open space easements by plat; and by amending Article V, "Subdivision General Standards "; Section 31 -81, to reflect that an Urban Forestry Permit is obtained in the Planning and Development Department; and by amending Article VI, "Subdivision Design Standards "; Section 31 -103, to clarify lot size requirements when using an onsite septic system facility; and by amending Article VI, "Subdivision Design Standards "; Section 31 -106, to eliminate short block regulations; and by amending Article IX; Section 31 -171, to add a definition for an emergency access easement and real property. Mr. Jim Schell, 901 Fort Worth Club Building, submitted a comment card in opposition to Mayor and Council Communication No. PZ -2987. Council Member Scarth requested Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, respond to the concerns of Mr. Schell. Ms. Burghdoff advised that staff had just been informed that Mr. Schell's concerns had not been adequately addressed. She stated that staff would support a continuance of this item to allow for Mr. Schell's concerns to be addressed. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ -2987 be continued until the September 11, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M &C C -25797 - Authorize Execution of a Public Right -of -Way Use Agreement with Texas Midstream Gas Services, L.L.C., for a One -Time License Fee in the Amount of $105,754.00 and Grant License to Construct and Operate an Eight - Inch Natural Gas Gathering Pipeline Across Bryant Ervin Road, Along Helmick Avenue and Across Horne Street, the Alley Between Helmick Avenue and Carver Drive, Carver Drive, the Alley Between Carver Drive and Fernander Drive, Fernander Drive, the Alley Between Fernander Drive and Como Drive, Como Drive, the Alley Between Como Drive and Chariot Drive, Chariot Drive, the Alley Between Chariot Drive and Shiloh Drive, Shiloh Drive, the Alley Between Shiloh Drive and West Vickery Boulevard and Vickery Boulevard. (COUNCIL DISTRICTS 3 and 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 16 of 19 It was recommended 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 $105,754.00 and grant a license to construct and operate a natural gas gathering pipeline in the right -of -way along Helmick Avenue and across the following 14 rights -of -way: Bryant Irvin Road, Horne Street, the alley between Helmick Avenue and Carver Drive, Carver Drive, the alley between Carver Drive and Fernander Drive, Fernander Drive, the alley between Fernander Drive and Como Drive, Como Drive, the alley between Como Drive and Chariot Drive, Chariot Drive, the alley between Chariot Drive and Shiloh Drive, Shiloh Drive, the alley between Shiloh Drive and West Vickery Boulevard and Vickery Boulevard. (Council Member Allen Gray left her place at the dais.) Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -29757 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. 2. M &C C -25798 - Authorize Execution of a Design -Build Contract with The Cornell FW Company, LLC, at a Guaranteed Maximum Price in the Amount of $97,522,957.00 to Design and Build the New Public Safety Training Center at a Site Near the Intersection of Hemphill Street and Felix Street, Authorize Non - Interest Bearing Inter -Fund Loan Between the Solid Waste Fund and the Public Safety Training Facility Fund in the Amount of $20,522,957.00 and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 9) It was recommended that the City Council authorize a non - interest bearing inter -fund loan from the Solid Waste Fund to the Public Safety Training Facility Fund in the amount of $20,522,957.00 for interim financing of the new Public Safety Training Center; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Public Safety Training Facility Fund, from available funds, for the purpose of executing a design -build contract for the new Public Safety Training Center; and authorize execution of a Design -Build Contract at a guaranteed maximum price in the amount of $97,522,957.00 with The Cornell FW Company, LLC, to design and build the new Public Safety Training Center. (Council Member Allen Gray returned to her place at the dais.) Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25798 be approved and Ordinance No. 20337 -08 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 17 of 19 3. M &C C -25799 - Authorize Execution of an Interlocal Agreement Between the Dallas /Fort Worth International Airport Board of Directors and the Cities of Coppell and Dallas to Provide for the Sharing of Incremental Tax Revenues. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of an interlocal agreement between the Dallas /Fort Worth International Airport Board of Directors and the Cities of Coppell and Dallas for the sharing of incremental tax revenues generated by future economic development projects within the portion of Coppell located within the geographical boundaries of the Dallas /Fort Worth International Airport. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25799 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M &C C -25800 - Authorize Execution of Agreement with the University of North Texas Health Science Center at Fort Worth to Accept a Grant in the Amount of $800,000.00 from the State of Texas for the Fort Worth Business Assistance Center Operations and Renovations on the Guinn School Campus and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of an agreement with the University of North Texas Health Science Center at Fort Worth to accept and receive grant funds from the State of Texas in the amount of $350,000.00 during the State's current Fiscal Year of September 1, 2011, to August 31, 2012, and the amount of $450,000.00 in the State's Fiscal Year of September 1, 2012, to August 31, 2013, for the Fort Worth Business Assistance Center operations and renovations on the Guinn School campus; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund in the amount of $800,000.00, subject to receipt of the grant, for the purpose of administering the Fort Worth Business Assistance Center Program on the Guinn School campus over the current and next fiscal years. Council Member Shingleton advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25800 be approved and Ordinance No. 20338 -08 -2012 be adopted. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Shingleton. XV. BUDGET HEARING 1. Hearing on :Proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 18 of 19 Mayor Price opened the budget hearing. a. Report of City Staff Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals appeared before Council in opposition to the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance, pertaining to the reduction in funding for Arts programs: Mr. Ted Wugofski, 4828 Overton Hollow Ms. Deborah Jung, 2340 Mistletoe Boulevard The following individuals completed an "undecided" speaker card and appeared before Council relative to the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance, pertaining to the reduction in funding for Arts programs: Ms. Jody Ulich, 3320 Camp Bowie Boulevard Mr. Miguel Harth - Bedoya, 3809 Summercrest Drive Ms. Deb Wood, 1628 5th Avenue Ms. Jan Orr- Harter, (street address not provided) Aledo, Texas 76008 (provided handout) Mr. Douglas Harman, 2222 Winton Terrace East (provided handout) Ms. Yvonne Duque, 1440 North Main Street, completed an "undecided" speaker card and appeared before Council relative to the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance and was recognized by Mayor Price but was not present in the Council Chamber. The following individuals submitted comment cards in opposition to the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance, pertaining to the reduction in funding for Arts programs: Mr. Michael Appleman, 2600 Block of Highview Terrace Ms. Cathy Neece Brown, 4606 Collinwood Avenue Mr. Jimmy Jenkins, 200 Carroll Street C. Council Action Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the budget hearing be continued until the September 11, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2012 Page 19 of 19 XVI. ZONING HEARING Mayor Price opened the public hearing. 1. ZC -11 -043 - (CD 7) - M & H Food Mart, 2484 Avondale- Haslet Road; from: Unzoned to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission. (Continued from a Previous Meeting) The City Council at its Regular Meeting on June 12, 2012, continued Zoning Docket No. ZC -11 -043. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC -11 -043 be continued until the September 25, 2012, Council meeting. The motion carried unanimously 9 ayes to 0 nays. XVII. CITIZEN PRESENTATIONS Ms. Judi Moore, 11093 Alta Vista, completed a citizen presentation card relative to disability access within the City of Fort Worth and the Rehab Act of 1973, and was recognized by Mayor Price but was not present in the Council Chamber. Mr. Riley Cantrell, 2300 Sundrop Court, completed a citizen presentation card relative to the Ethics Review Committee, and was recognized by Mayor Price, but did not wish to address the City Council. Mayor Price announced that the Animal Care and Control meeting scheduled for August 21, 2012, at 6:30 p.m., had been cancelled. XVIII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular Meeting at 11:05 a.m., in memory of Mr. Thomas Anabel, who passed away on August 18, 2012. These minutes approved by the Fort Worth City Council on the 11th day of September, 2012. Attest: Approved— Betsy ary ays r" Betsy P�fc City Secretar ays Mayo