Loading...
HomeMy WebLinkAbout2012/09/11-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Present: Mayor Betsy Price Mayor Pro tern W.B. "Zim" Zimmerman, District 3 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 Absent: Council Member Salvador Espino, District 2 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary r` I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:04 p.m., on Tuesday, September 11, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino absent. A moment of silence was observed in remembrance of the tragic events that occurred in New York on September 11, 2001. H. INVOCATION - Minister Steve Cloer, Southside Church of Christ The invocation was provided by Minister Steve Cloer, Southside Church of Christ. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGUST 21, 2012 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 2 of 38 Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the Minutes of the Regular Meeting of August 21, 2012, be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda.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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. G -17645 be continued until the November 12, 2012, Council meeting. VII. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Jordan that, the Consent Agenda be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. A. General - Consent Items 1. M &C G -17655 - Authorize Temporary Closure of Pipeline Road South Between South Raider Drive and House - Anderson Road (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the temporary road closure of Pipeline Road South between South Raider Drive and House - Anderson Road to install three (3), six (6) foot by six (6) foot box culverts and to make channel improvements along Raider Drainage Channel. 2. M &C G-17656 - Authorize Acceptance of a Routine Airport Maintenance Proiect Grant for Fort Worth Alliance Airport from the Texas Department of Transportation Aviation Division, if Offered, in the Amount Up to $50,000.00, Accept Contribution from Alliance Air Services in the Amount Up to $50,000.00 for the City's Grant Match and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Alliance Airport from the Texas Department of Transportation Aviation Division in the amount up to $50,000.00; authorize the acceptance of the contribution from Alliance Air Services in the amount up to $50,000.00 for the City's match; and adopt Appropriation Ordinance No. 20339 -09 -2012 increasing the estimated receipts and appropriations in the Airports Grant Fund in the amount of $100,000.00, subject to receipt of the grant, for the purpose of providing routine maintenance items at Fort Worth ON Alliance Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 3 of 38 3. M &C G-17657 - Authorize Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Meacham International Airport from the Texas Department of Transportation Aviation Division, if Offered, in the Amount Up to $50,000.00, Authorize Use of Revenue from Mineral Lease Revenue in the Amount Up to $50,000.00 for the City's Grant Match and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acceptance of a Routine Airport Maintenance Project Grant, if offered, for Fort Worth Meacham International Airport from the Texas Department of Transportation (TxDOT), Aviation Division, in the amount up to $50,000.00; adopt Appropriation Ordinance No. 20340 -09 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund, from available funds, for the purpose of transferring said funds to the Airports Grant Fund for the City's match of a Routine Airport Maintenance Project Grant from TxDOT, Aviation Division to provide routine maintenance and small capital projects at Fort Worth Meacham International Airport; authorize the transfer in the amount of $50,000.00 from the Airports Gas Lease Project Fund to the Airports Grants Fund for the City's match; and adopt Appropriation Ordinance No. 20341 -09 -2012 increasing the estimated receipts and appropriations in the Airports Grant Fund in the amount of $100,000.00, subject to receipt of the grant, for the same purpose as stated above. 4. M &C G-17658 - Authorize Acceptance of a Routine Airport Maintenance Protect Grant for Fort Worth Spinks Airport from the Texas Department of Transportation Aviation Division, If Offered, in the Amount Up to $50,000.00, Authorize Use of Revenue from Gas Lease Revenue in the Amount Up to $50,000.00 for the City's Grant Match and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the acceptance of a Routine Airport Maintenance Project Grant, if offered, for Fort Worth Spinks Airport from the Texas Department of Transportation (TxDOT), Aviation Division, in an amount up to $50,000.00; adopt Appropriation Ordinance No. 20342 -09 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund, from available funds, for the purpose of transferring said funds to the Airports Grant Fund, for the City's match of a routine Airport Maintenance Project Grant from TxDOT, Aviation Division, to provide routine maintenance and small capital projects at Fort Worth Spinks Airport; authorize the transfer in the amount of $50,000.00 from the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's match; and adopt Appropriation Ordinance No. 20343 -09 -2012 increasing the estimated receipts and appropriations in the Airports Grant Fund in the amount of $100,000.00, subject to receipt of the grant, for the same purpose as stated above. W CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 4 of 38 5. M &C G -17659 - Authorize Settlement of Claims Against the City in Dennis Rose, et al. v. City of Fort Worth, Texas, Case No. 96- 2144220 -10, Tarrant County, Texas (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Approve the proposed settlement of the claims arising from the lawsuit brought by Dennis Rose and others against the City; authorize payment to the Rose plaintiffs of 35 percent of all past collected revenues including bonus and royalties for the prorated portion of the 25.25 acres within Gateway Park from inception to June 30, 2012, approximately $235,200.00 of the $671,605.00 amount collected from inception on the 25.25 acres; authorize payment to the Rose plaintiffs 35 percent of all future royalty revenues received by the City for the 25.25 acres in return for a full release of the Rose plaintiffs' reverter interest and full release of the City from all Rose plaintiffs' past and future real or asserted claims to the property; and authorize the appropriate City representatives to execute the documents necessary to complete the settlement, to receive the conveyance and to record the appropriate instruments. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11426 - Authorize a Sole Source Purchase Amement with Moyno, Inc., � in the Amount Up to $90,000.00 for the First Year for Repair Services and Parts for Moyno Pumps for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a sole source purchase agreement with Moyno, Inc., in the amount up to $90,000.00 for the first year, for repair services and parts for Moyno pumps for the Water Department. 2. M &C P -11427 - Authorize Non - Exclusive Purchase Asreements with Allen's Electric Motor Service, Inc., Brandon & Clark, Inc., Evans Enterprises, Inc., Integrated Power Services, LLC, and Shermco Industries, Inc., for a Combined Amount Up to $500,000.00 for the First Year for Electric Motor Repair and Replacement Services for All City Departments (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize non - exclusive purchase agreements with Allen's Electric Motor Service, Inc., Brandon & Clark, Inc., Evans Enterprises, Inc., Integrated Power Services, LLC, and Shermco Industries, Inc., for a combined amount up to $500,000.00 for the first year for electric motor repair and replacement services for all City departments. C. Land - Consent Items CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 5 of 38 1. M &C L -15429 - Authorize Acquisition of a Fee Simple Interest in 0.0717 Acres in a_V_acant Lot for the East Como Channel Improvements Proiect Located at 5201 Humbert Avenue from Old Fort Worth Redevelopment, Ltd., in the Amount of $4,688.00 and Pay Estimated Closing Costs Up to $2,000.00 for a Total Cost of $6,688.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize acquisition of a fee simple interest in a 0.717 acre vacant lot, located at 5201 Humbert Avenue, Fort Worth, Texas, described as Lot 4, Block 111, Chamberlain Arlington Heights, 2nd Addition, from Old Fort Worth Redevelopment, Ltd.; find that the total purchase price in the amount of $4,688.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $2,000.00. 2. M &C L -15430 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres of Land in Vacant Lots for the East Como Channel Improvements Proiect Located at 5208 Humbert Avenue from Lowell D. Pollard in the Amount of $9,375.00 and Pay Estimated Closing Costs in the Amount Up to $2,000.00 for a Total Cost in the Amount of $11,375.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee 000' simple interest in 0.1434 acre of land in vacant lots located at 5208 Humbert Avenue, Fort Worth, Texas, described as Lots 35 and 36, Block 104, Chamberlain Arlington Heights, 2nd Addition, from Lowell D. Pollard; find that the total purchase price in the amount of $9,375.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $2,000.00. 3. M &C L -15431 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres of Land in Vacant Lots for the East Como Channel Improvements Project Located at 5217 Blackmore Avenue from William Haves Powell, III in the Amount of $7,500.00 and Pay Estimated Closing Costs in the Amount Up to $2,000.00 for a Total Cost in the Amount of $9,500.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1434 acre of land in vacant lots located at 5217 Blackmore Avenue, Fort Worth, Texas, described as Lots 9 and 10, Block 104, Chamberlain Arlington Heights, 2nd Addition, from William Hayes Powell, III; find that the total purchase price in the amount of $7,500.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and the payment of the estimated closing costs in the amount up to $2,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 6 of 38 4. M &C L -15432 - Authorize Acquisition of a Fee Simple Interest in 0.440 Acres in a Vacant Lot for the Old Denton Road Proiect Located at 10600 Old Denton Road from Classic Real Estate Partners, L.P., in the Amount of $150,000.00 and Pay Estimated Closing Costs Up to $4,000.00 for a Total Cost of $154,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.440 acre in a vacant lot located at 10600 Old Denton Road, Fort Worth, Texas, described as Tract 12F04, Abstract No. 999, William McCowens Survey, from Classic Real Estate Partners, L.P.; find that the total purchase price in the amount of $150,000.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $4,000.00. 5. M &C L -15433 - Authorize Acquisition of a Fee Simple Interest in 0.400 Acres in an Improved Lot for the Old Denton Road Proiect Located at 10624 Old Denton Road from Inger and Emmett Cox in the Amount of $165,000.00 and Pay Estimated Closing Costs in the Amount Up to $5,000.00 for a Total Cost in the Amount of $170,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee ,ON simple interest in 0.400 acre in an improved lot located at 10624 Old Denton Road, Fort Worth, Texas, described as Tract 12E and 12E1, Abstract No. 999, William McCowens Survey, from Inger and Emmett Cox; find that the total purchase price in the amount of $165,000.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $5,000.00. D. Planning & Zoning - Consent Items 1. M &C PZ -2988 - Adopt Ordinance Vacating a Portion of Conner Avenue Between Avenue J and Avenue K (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Adopt Ordinance No. 20344 -09 -2012 vacating and extinguishing a portion of Conner Avenue between Avenue J and Avenue K and situated in the John Ringer Survey, Abstract No. 1286, dedicated by the Polytechnic Heights Addition, an Addition to the City of Fort Worth, Texas, containing approximately 13,300 square feet or 0.305 acre of land; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). 2. M &C PZ -2989 - Adopt Ordinance Vacating an Alley and a Pedestrian and Emergency Access Easement Near the Intersection of West Terrell Avenue and South Lake Street (COUNCIL DISTRICT 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 7 of 38 The City Council approved the following recommendation: Adopt Ordinance No. 20345 -09 -2012 vacating and extinguishing variable width alley rights -of -way and an emergency access easement crossing portions of Lots 13 -R, 17 -R and 37 -R in the J.A. Lee's Subdivision of Block 8, Fields -Welch Addition, an Addition to the City of Fort Worth, Texas, containing approximately 9,107 square feet or 0.209 acre of land, which is near the intersection of West Terrell Avenue and South Lake Street; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). E. Award of Contract - Consent Items 1. M &C C -25801 - Authorize Execution of Amendment No. 2 to Citv Secreta Contract No. 43141 for Supplemental Audit Staffing Services with Experis US, Inc., Through Its Division, Experis Finance Manpower Group for the Office of the City Auditor for a Total Contract in the Amount of $85,500.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of Amendment No. 2 to City Secretary Contract No. 43141 for supplemental audit staffing services with Experis US, Inc., through its division, Experis Finance Manpower Group for the Office of City Auditor for a total contract in the amount of $85,500.00. 2. M &C C -25802 - Authorize Allocation from the Housing Trust Fund to Tarrant County Housing Partnership, Inc., in the Amount of $97,608.00 for Housing Counseling Services and Authorize Execution of an Appropriate Contract for Such Services (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the use of general funds from the City's Housing Trust Fund in the amount of $97,608.00 for housing counseling services for Program Year 2012 -2013; authorize the City Manager or his designee to execute a contract with Tarrant County Housing Partnership, Inc., in the amount of $97,608.00 for housing counseling services for a term beginning October 1, 2012, and ending September 30, 2013; and authorize the City Manager or his designee to amend the contract, if necessary, to achieve program goals provided any amendment is within the scope of the program and in compliance with all applicable laws and regulations. 3. M &C C -25803 - Authorize Execution of Amendment No. 4 to City Secretary Contract No. 37953, with URS Corporation, for Engineering Services in the Amount of $14,631.00 for 2007 Critical Capital Proiect Contract 3C, Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on Chickering Avenue, Marks Place and Weyburn Drive, Resulting in a Total Contract in the Amount of $361,116.50 (COUNCIL DISTRICT 3) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 8 of 38 The City Council approved the following recommendation: Authorize execution of Amendment No. 4 to City Secretary Contract No. 37953, with URS Corporation, for Engineering Services in the amount of $14,631.00 for 2007 Critical Capital Project Contract 3C, pavement reconstruction and water and sanitary sewer main replacements on Chickering Avenue, Marks Place and Weyburn Drive, resulting in a total contract in the amount of $361,116.50. 4. M &C C -25804 - Authorize Payment to the Texas Department of Transportation for Utility Relocations in the Amount of $89,633.59 for the Construction of East Rosedale Street from IH -35W to US 287 (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize payment to the Texas Department of Transportation in the amount of $89,633.59 for utility relocations for the construction of East Rosedale Street from IH -35W to US 287. 5. M &C C -25805 - Authorize Execution of a Contract with Woody Contractors, Inc., in the Amount of $293,751.00 for the Edgehill Drainage Improvements (COUNCIL DISTRICT 3) 60 The City Council approved the following recommendation: Authorize execution of a contract with Woody Contractors, Inc., in the amount of $293,751.00 for construction of the Edgehill Drainage Improvements project. 'ON 6. M &C C -25806 - Authorize Execution of a Contract with Woody Contractors, Inc., in the Amount Up to $400,000.00 for the Miscellaneous Sub -Drain Improvements Contract -2012 for Various Locations Throughout the City on an As Needed Basis (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract with Woody Contractors, Inc., in the amount up to $400,000.00 for miscellaneous sub -drain improvements contract -2012 for various locations throughout the City on an as needed basis. 7. M &C C -25807 - Ratifv Application for and Acceptance of Motor Carrier Safe Assistance Program High Priority Grant from the United States Department of Transportation, Federal Motor Carrier Safety Assistance Program in the Amount Up to $290,476.12 to Conduct Commercial Motor Vehicle Enforcement and Public Outreach, Authorize Execution of the Grant Agreement for Acceptance of Grant Funds, Authorize Matching Funds in the Amount Up to $84,939.84 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the application for and acceptance of a Motor Carrier Safety Assistance Program High Priority Grant from the United States Department of Transportation, Federal Motor Carrier Safety Assistance Program in the amount up to $290,476.12; authorize the execution of a grant agreement with the United States Department of Transportation to conduct Commercial Motor Vehicle Enforcement and Public CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 9 of 38 Outreach; authorize the City to provide an in -kind match associated with the grant of 20 percent of the total project cost in the amount up to $84,939.84; and adopt Appropriation Ordinance No. 20346 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $375,415.96, subject to receipt of the grant, for the purpose of conducting Commercial Motor Vehicle Enforcement and Public Outreach. 8. M &C C -25808 - Authorize Execution of an Agreement with United Community Center in the Amount Up to $132,990.00 to Continue Operation of a Youth Safe Haven Program at the Bethlehem Community Center in Fort Worth (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of an agreement with the United Community Center, a non - profit organization, in the amount up to $132,990.00 to continue operation of a Youth Safe Haven Program at the Bethlehem Community Center in Fort Worth. 9. M &C C -25809 - Authorize Execution of an Agreement with Safe City Commission, Inc., in the Amount of $75,000.00 to Continue the Operation of the Crime Stoppers Call Center for Fiscal Year 2013 (ALL COUNCIL DISTRICTS) 001"' The City Council approved the following recommendation: Authorize the execution of an agreement with the Safe City Commission, Inc., in the amount of $75,000.00 to continue the operation of the Crime Stoppers Call Center for Fiscal Year 2013. 10. M &C C -25810 - Authorize Execution of Change Order No. 2 to City Secretary Contract No. 42765 with EAS Contracting, LP, in the Amount of $118,874.68 for Additional Improvements on the Phase 7 Pavement Rehabilitation Proiect at Alliance Airport (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Change Order No. 2 to City Secretary Contract No. 42765 with EAS Contracting, LP, in the amount of $118,874.68 for additional improvements on the Alliance Runway Extension - Earthworks Package 3 Project at Alliance Airport thereby increasing the contract amount to $843,947.51. 11. M &C C -25811 - Authorize Execution of an Engineering Services Agreement with Garver, LLC, in the Amount of $259,084.00 for the Design of a Westside Parallel Taxiway at Fort Worth Meacham International Airport, Authorize Proiect Management, Administration and Related Expenses in the Amount of $40,000.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the use of revenue derived from mineral leases on City owned airports in the amount of $299,084.00 for the design of a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 10 of 38 Westside Parallel Taxiway at Fort Worth Meacham International Airport; adopt Appropriation Ordinance No. 20347 -09 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund, from available funds, for the purpose of design phase services of a Westside Parallel Taxiway at Fort Worth Meacham International Airport; and authorize the execution of an engineering agreement with Garver, LLC, in the amount of $259,084.00 for the design services and authorize the amount of $40,000.00 for associated project management, administration and related expenses. 12. M &C C -25812 - Authorize Execution of Three Ground Lease Agreements with Burnett Aviation Co., Inc., for Lease Sites 39S, 40S and 41S at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of three (3) ground lease agreements with Burnett Aviation Co., Inc., for Lease Sites 39S, 40S and 41S at Fort Worth Meacham International Airport. 13. M &C C -25813 - Authorize Amendment of a Construction Loan Agreement and Advance Promissory Note with FWS Realty, Ltd., at Fort Worth Spinks Airport Increasing the Total Loan Amount by $140,000.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize an amendment of a construction loan agreement and advance promissory note increasing the amount by $140,000.00; authorize the use of revenue derived from mineral leases on City -owned airports in the amount of $140,000.00 for the construction loan to FWS Realty, Ltd.; adopt Appropriation Ordinance No. 20348 -09 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund, from available funds, for the purpose of amending the construction loan agreement and advance promissory note with FWS Reality, Ltd. at Fort Worth Spinks Airport; authorize the transfer of funds from the Airports Gas Lease Project Fund to the Municipal Airports Fund in the amount of $140,000.00; and adopt Appropriation Ordinance No. 20349 -09 -2012 increasing the estimated receipts and appropriations in the Municipal Airports Fund, from available funds, for the same purpose as stated above. 14. M &C C -25814 - Authorize Execution of Chance Order No. 2 to City Secretar Contract No. 42520 with M.E. Burns Construction, Inc., in the Amount of $143,842.00 for Water and Sanitary Sewer Replacement Contract 2004, STM -C on Mims Street and Sandy Lane for a Total Contract in the Amount of $1,345,452.00 (COUNCIL DISTRICT 5) W The City Council approved the following recommendation: Authorize execution of Change Order No. 2 to City Secretary Contract No. 42520 with M.E. Burns Construction, Inc., in the amount of $143,842.00 for Water and Sanitary Sewer Replacement Contract 2004, STM -C on „qN Mims Street and Sandy Lane, for a total contract in the amount of $1,345,452.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 11 of 38 15. M &C C -25815 - Authorize Execution of an Engineering Agreement with APM and Associates, Inc., in the Amount of $217,504.00 for Water Replacement Contract 2011, WSM -F on Clayton Road and Woodstock Road and Adopt Appropriation Ordinances (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the transfer of $235,504.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $135,153.00 and the Sewer Capital Projects Fund in the amount of $100,351.00; adopt Appropriation Ordinance No. 20350 -09 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of executing an engineering agreement for Water Replacement Contract 2011, WSM -F; adopt Appropriation Ordinance No. 20351 -09 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the same purpose as stated above; and authorize the execution of an engineering agreement with APM and Associates, Inc., in the amount of $217,504.00 for the contract. 16. M &C C -25816 - Authorize Provision of Sewer Service at 1.25 Times the Retail Rate to Journey Evangelical Free Church Located at 6011 West Bailey Boswell Road in Tarrant County Outside of the Fort Worth City Limits Pursuant to City e0l• Code Section 35 -60B (ADJACENT TO COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the Water Department to provide sewer service at 1.25 times the retail rate to Journey Evangelical Free Church located at 6011 West Bailey Boswell Road; and authorize the execution of an agreement for such services. 17. M &C C -25817 - Authorize Execution of an Engineering Agreement with Shield Engineering Group, PLLC, in the Amount of $131,291.00 for Sanitary Sewer Rehabilitation Contract 86 on Norwood Street, Pumpkin Drive, Ohio Garden Drive, Haskell Street, Mattison Avenue and Seven Alleys and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 7 and 91 The City Council approved the following recommendation: Authorize the transfer in the amount of $148,291.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20352 -09 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of Sanitary Sewer Rehabilitation Contract 86, on Norwood Street, from West Lancaster Avenue to Crockett Street; Pumpkin Drive, from Ohio Garden Road to 850 feet west; Ohio Garden Road, from Isbell Road to 620 feet west; Haskell Street, from Mattison Avenue to 300 feet south; Mattison Avenue, from Haskell Street to Montgomery Street; alley between West Lancaster Avenue and Bledsoe Street, from Currie Street to Foch Street; alley between West Lancaster Avenue and Bledsoe Street, from University Drive to Norwood Street; alley between Morton 00011, Street and Crockett Street, from University Drive to Norwood Street; alley between 7th Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 12 of 38 and Modlin Avenue, from Montgomery Street to Clifton Street; alley between 4th Street to 5th Street, from Haskell Street to Monticello Drive; alley between Oaklawn Drive and Englewood Lane, from Driver Avenue to Northwood Road; alley between Driver Avenue and Northwood Park Drive, from Rockwood Park Drive to Oaklawn Drive; and authorize the execution of a contract with Shield Engineering Group, PLLC, in the amount of $131,291.00 for Sanitary Sewer Rehabilitation Contract 86. 18. M &C C -25818 - Authorize Execution of a Joint Funding Agreement with the U.S. Geological Survey, United States Department of the Interior in the Amount of $35,991.00 for Participation in Texas Data Collection Program to Monitor Water Ouality in the Trinity River from the Beach Street Monitoring Station (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the City Manager to execute a joint funding agreement with the U.S. Geological Survey, United States Department of the Interior, for the Texas Data Collection Program to monitor water quality in the Trinity River; and authorize the payment of the City's share of the cost in the amount of $35,991.00 for the work related to this program during the period October 1, 2012, through September 30, 2013. 19. M &C C -25819 - Authorize Execution of an Engineering Agreement with Halff Associates, Inc., in the Amount of $749,823.00 for the Design and Engineering of the Neighborhood Transportation Connections for Pedestrians and Bicycles Proiect (COUNCIL DISTRICTS 3, 4, 8 and 9) The City Council approved the following recommendation: Authorize the City Manager to execute an engineering agreement with Halff Associates, Inc., in the amount of $749,823.00 for the design and engineering of Neighborhood Transportation Connections for Pedestrians and Bicycles project. 20. M &C C -25820 - Authorize Application for and Acceptance of TexTreasures Grant Award from the Texas State Library and Archives Commission in the Amount of $20,000.00, Authorize Execution of the Grant Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the application for and acceptance of a TexTreasures Grant from the Texas State Library and Archives Commission in the amount of $20,000.00 for the Fort Worth Library for the program year September 1, 2012, through August 31, 2013; authorize the execution of a grant agreement with the Texas State Library and Archives Commission for the grant; and adopt Appropriation Ordinance No. 20353 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $20,000.00, subject to receipt of the grant, for the purpose of enhancing the collections of the local history, archives, and genealogy unit at the Fort Worth Library. „qN CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 13 of 38 VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1861 - Notice of Claims for Alleged Damages and/or Iniuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Blood Cancer Awareness Month Council Member Shingleton presented the Proclamation for Blood Cancer Awareness Month to Mr. Don Armstrong, Leukemia and Lymphoma Society Board Member. He stated that blood cancers afflicted more than one million people in the United States, with an estimated 140,310 new cases diagnosed each year. He further stated that the Leukemia and Lymphoma Society (LLS), through voluntary contributions, was dedicated to finding cures for these diseases through research efforts and supported those patients who suffered with these diseases and their families. Mr. Armstrong expressed appreciation to the Mayor and Council Members for the Proclamation. 2. Presentation of the Mayor's Summer Reading Challenge 2012 Dr. Gleniece Robinson, Director, Library, reported on the success of the Mayor's Summer Reading Challenge 2012 and introduced members of the library community. She also announced that the summer reading program would be revamped and changed to a year round reading program. A short video of this year's reading challenge was shown in the Council Chamber. 3. Presentation of the 2012 Fort Worth ACT -SO Representatives Council Member Moss introduced Ms. Sundra Davis and ACT -SO representatives for the presentation. Ms. Davis stated that the NAACP's Afro - Academic, Cultural, Technological and Scientific Olympics was a year -long achievement program designed to recruit, stimulate, and encourage high academic and cultural achievement among African- American high school students. She further stated that ACT -SO included 26 categories of competition in the sciences, humanities, business and performing and visual arts. She pointed out that more than 260,000 young people have participated from the program since its inception. Gold Medal award recipient Theron Smith introduced a short animated film that he wrote, illustrated and directed. The film was shown in the Council Chamber. Ms. Davis also recognized other award recipients in attendance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 14 of 38 X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Council Member Burns expressed appreciation to Pastor Cloer, who provided the invocation, for his service to the community. He also reminded everyone that the Library was hosting a series of "Look -ins" throughout fall. He stated for more information to contact the District 9 Office at 817 - 392 -8809. Mayor Pro tem Zimmerman announced that he attended the grand opening and ribbon cutting ceremony for Chuck Silcox Park dedicated in honor of the late former Council Member Chuck Silcox on September 8, 2012, in Chapel Creek. Council Member Allen Gray expressed appreciation to the Friends of Cobb Park for hosting the SWAC Rally Battle of the Bands featuring the Texas Southern University band and the Grambling State University band. She also advised that the ceremonial signing of the commitment to the community was held for the East Rosedale Street Improvements. She pointed out that there would be some traffic interruptions in the area but the area would be greatly improved once the project was completed. Council Member Scarth announced that the "Shelter Pets Rock" event would be held September 15 -16, 2012, at the two (2) PetSmart stores in Fort Worth which were offering discount adoptions. He also announced that the Cowtown Cruisin' for a Cure Car Show would be held on September 15, 2012, on Main Street and encouraged men to receive prostate cancer screenings. He further announced that the commissioning ceremony of the USS Fort Worth would be held on September 22, 2012, in Galveston, Texas. He stated that individuals could view the ceremony live in Sundance Square from 9:30 a.m. to 12:30 a.m. Mayor Pro tem Zimmerman announced that Z Boaz Golf Course would close on September 30, 2012. He stated a tournament would begin at 1:00 p.m. on closing day and for more information to contact the Parks and Community Services Department. Council Member Burns announced that a meeting was held regarding the future of Forest Park Boulevard the evening of September 10, 2012, and advised that over 250 individuals attended the meeting. He stated for a recap of the meeting to visit www.fortworthtexas.gov /fpb. Mayor Price announced that the Trinity Trash Bash would be held on September 15, 2012, and encouraged everyone to get involved with the neighborhood to clean up the Trinity River. She also announced that the Trinity Trot and C.A.L.F. Run would be held at 8:00 a.m. on September 15, 2012. She also congratulated Texas Christian University on their new football stadium and the Horned Frogs Football Team on their first victory in the Big 12 Conference. ,ON CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 15 of 38 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. 2. Council Proposal No. 290 - Rename Town Center Drive to Charities Way in Order to Honor Charitable Organizations in the City of Fort Worth Council Member Burns expressed appreciation to Council Member Shingleton for co- sponsoring Council Proposal No. 290. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that the rules be suspended so action could be taken on the Proposal tonight. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Council Proposal No. 290 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 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. XIII. RESOLUTIONS 1. A Resolution Approving the Amendment of the Fiscal Year 2011 -2012 Budget for Dallas /Fort Worth International Airport It was recommended that the City Council adopt a Resolution approving the amendment of the Fiscal Year 2011 -2012 Budget for Dallas /Fort Worth International Airport. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Resolution No. 4121 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 16 of 38 2. A Resolution Approving the Fiscal Year 2012 -2013 Budget for Dallas /Fort Worth International Airport It was recommended that the City Council adopt a Resolution approving the Fiscal Year 2012- 2013 Budget for Dallas /Fort Worth International Airport. Mr. Michael Appleman, 2600 block of Highview Terrace, submitted a comment card in opposition to the resolution approving the Fiscal Year 2012 -2013 budget for the Dallas /Fort Worth International Airport. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Resolution No. 4122 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 3. A Resolution Expanding the Passenger Rail Working Group to Fifteen Members and Appointing Ben Loughry as Designee of the Greater Fort Worth Real Estate Council to the Working Group It was recommended that the City Council adopt a Resolution expanding the Passenger Rail Working Group to 15 members and appointing Ben Loughry as designee of the Greater Fort Worth Real Estate Council to the Working Group. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Resolution No. 4123 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 4. A Resolution of the City Council of the City of Fort Worth, Texas Recognizing FitWorth: A Healthy City Initiative as a City -Wide Effort to Reduce Childhood Obesity It was recommended that the City Council adopt a Resolution recognizing FitWorth a Healthy City Initiative as a City -wide effort to reduce childhood obesity. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Resolution No. 4124 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. XIV. ZONING HEARING Mayor Price opened the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 17 of 38 1. SP -12 -001 - (CD 5) - Hendricks Commercial Properties, LLC, 5328 East Lancaster Avenue, to Amend the site plan for "PD -490" Planned Development for "F" General Commercial uses with exclusions, to include a screened outdoor storage area in the front yard and temporary staging area for loading and offloading. (Recommended for Denial by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its Regular Meeting on August 7, 2012, continued Zoning Docket No. SP -12 -001. Mr. Christopher Bonilla, representing the applicant, 8540 Charleston Avenue, appeared before Council in support of Zoning Docket No. SP -12 -001. (displayed maps) Mr. James Bews, 1709 Watson Street, appeared before Council in opposition to Zoning Docket No. SP -12 -001. Council Member Moss advised that the outdoor storage area would be screened with fencing and landscaping and would not be visible from the Lancaster. Council Member Scarth requested clarification regarding the solid screening fence. Mr. Bonilla advised that the screening fence would consist of an eight foot single facing wood stockade. Council Member Moss advised that he and Mr. Bonilla and his client would work with the Planning and Development Department to determine what type of fence would be used. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Zoning Docket No. SP -12 -001 be approved as amended regarding the fencing and land scaping. The motion carried 6 ayes to 2 nays, with Council Members Jordan and Allen Gray casting the dissenting votes and Council Member Espino absent. 2. ZC -12 -069 - (CD 9) - Fort Worth Housing Authority, 601 West 1st Street, from: "J" Medium Industrial to: "H" Central Business District (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its Regular Meeting on August 7, 2012, continued Zoning Docket No. ZC -12 -069. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC -12 -069 be approved with the amendment to include a minimum of 160 parking spaces not to exceed 200 parking spaces. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 18 of 38 The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on August 20, 2012. 3. ZC -12 -070 - (CD 9) - Seminary Hemphill Investments, 551 & 559 W. Seminary Drive, from: "E" Neighborhood Commercial to: "PD /E" Planned Development for all uses in "E" Neighborhood Commercial plus tire sales /service and automotive repair with development standards; site plan included.(Recommended for Approval by the Zoning Commission) The following individuals completed speaker cards in support of Zoning Docket No. ZC -12 -070, but did not wish to address the Council. Mr. Christopher Bonilla, 8540 Charleston Avenue Mr. Robert Snoke, 3825 6th Avenue Mr. Alonzo Aguilar, 3725 Stuart Drive 1dgS Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that ,qN Zoning Docket No. ZC -12 -070 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 4. ZC -12 -071 - (CD 6) - Steve Siddons /FW 140. Ltd. 430 W. Risinger Road; from: "I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial to: "PD /K" Planned Development for all uses in "K" Heavy Industrial plus auto recycling facility, site plan included. (Recommended for Approval by the Zoning Commission) The following individuals appeared before Council in support of Zoning Docket No. ZC -12 -071. Mr. Gary Moates, Decker Jones Law Firm, Suite 2000, Burnett Plaza Mr. Doug Jennings, 6251 Halifax Road Mr. Steve Siddons, 2900 Marqwuita Drive The following individuals appeared before Council in opposition to Zoning Docket No. ZC -12 -071. Mr. George Muckleroy, 777 Main Street, Suite 600 (provided PowerPoint presentation) Ms. Cynthia Benton, 8005 Belladonna Drive Mr. Robert Rudd, 501 Autumn Park Ms. Debbie Bennett, 1317 Florentine Drive Mr. Hunter McLean, 301 Commerce Street, Suite 3500 (provided handout) 1'qN CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 19 of 38 Mr. Ben Loughry, 930 West First Street, Suite 400 Mr. Jim Poole, 9350 South Freeway (provided handout) Ms. Sybil Lane, 10313 Black Forest Court The following individuals submitted comment cards in opposition to Zoning Docket No. ZC -12 -071. Mr. David Barris, 11009 Fawn Valley Drive Ms. Marilyn Barris, 11009 Fawn Valley Drive Ms. Maricela Cazares, 11005 Briaroaks Drive Motion: Council Member Jordan made a motion, seconded by Council Member Allen Gray, that Zoning Docket No. ZC -12 -071 be denied. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 5. ZC -12 -080 - (CD 4) - Two Ponds, Inc., 7429 Randol Mill Road; from: "PD -707" Planned Development/Specific Use for clothinWwearing apparel sales, new, recreational vehicle park for events only; restaurant, cafeteria, cafe, stable, commercial, riding, boarding or rodeo arena,; saddle or harness repair or sales, feed store, no processing/milling; one dwelling unit when part of a business. To be developed under the "E" Neighborhood Commercial development standards, site plan required to: "AG" Agricultural (Recommended for Denial by the Zoning Commission) The following individuals appeared before Council in opposition to Zoning Docket No. ZC -12 -080. Mr. Gary Hogan, 2117 Rolling Creek Run Mr. Mike Dean, 124 Cooks Ms. Kristal Wallace- Lopez, 400 Shadow Grass Avenue Mr. Bob Horton, 9104 Autumn Falls Drive (provided handout) Mr. Joe Reid, 232 Ben's Trail Ms. Martha Boykin, 7261 Specklebelly Ms. Mary Kelleher, 7901 Randol Mill Road (provided handout) Ms. Libby Willis, 2300 Primrose Avenue Mr. James Driskell, 9008 River Falls Drive Ms. Melissa McDougal, 2971 Seguin Trail The following individuals completed speaker cards in opposition to Zoning Docket No. ZC -12 -080, but did not wish to address the Council. Mr. Gene Kuhler, 6236 Brentwood Drive Mr. Charles Dreyfus, 2416 Park Place oow Mr. James Roland, 8832 San Joaquin Trail CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 20 of 38 The following individuals completed speaker cards in opposition to Zoning Docket No. ZC -12 -080 and were recognized by Mayor Price, but were not present in the Council Chamber. Mr. Robert Snoke, 3826 6th Avenue Mr. Alonzo Aguilar, 3725 Stuart Drive Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -080 be denied with prejudice. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 6. ZC -12 -082 - (CD 5) - John and Edith Clark, 3825 and 3829 Tarrant Main; from: "AG" Agricultural to: "R2" Townhouse /Cluster (Recommended for Approval by the Zoning Commission) Mr. Jamal Aloffe, 4148 Slick Rock, completed a speaker card in support of Zoning Docket No. ZC -12 -082, but did not wish to address the Council. 1 Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -082 be approved. The motion carried unanimously ,ON 8 ayes to 0 nays, with Council Member Espino absent. 7. ZC -12 -083 - (CD 3) - All Storage River Hills, LP 6150 Bryant Irvin Road; from: "F" General Commercial to: "PD /F" Planned Development for all uses in "F" General Commercial plus mini- warehouse; site plan included. (Recommended for Approval by the Zoning Commission) Mr. Coy Quine, 301 South Sherman, Suite 100, Richardson, Texas 75081, completed a speaker card in support of Zoning Docket No. ZC -12 -083, but did not wish to address the Council. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -12 -083 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 8. ZC -12 -084 - (CD 2) - Ultimate Properties Inc., 2842 - 2850 Western Center Boulevard; from: "G" Intensive Commercial to: "PD /G" Planned Development for all uses in "G" Intensive Commercial plus mini- warehouse; site plan included. (Recommended for Approval by the Zoning Commission) Mr. Christopher Bonilla, 8540 Charleston Avenue, completed a speaker card in support of Zoning Docket No. ZC -12 -084, but did not wish to address the Council. "ON CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 21 of 38 Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -12 -084 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 9. ZC -12 -085 - (CD 2) - Alta Vista FW -1, Ltd., 4784 Golden Triangle Boulevard; from: "AG" Aericultural to: "PD /E" Planned Development for all uses in "E" Neighborhood Commercial plus car wash, site plan included. (Recommended for Approval by the Zonine Commission) Mayor Price advised she had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -085 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Mayor Price and Council Member Espino absent. 10. ZC -12 -086 - (CD 2) - James Cagle, 1605 Grand Avenue; from: "A -5 /1)1)" One - Family /Demolition Delay to: "A -5" One - Family (Recommended for Approval by the Zonine Commission) /P&- Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -12 -086 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 11. ZC -12 -087 - (CD 8) - 201 South Calhoun Partners, LLC /Eddie Vanston, 201 S. Calhoun Street; from: "NS- T5 /DD" Near Southside T -5 /Demolition Delay to: "NS- T5 /HSE" Near Southside T- 5 /Hiehly Sienificant Endaneered (Recommended for Approval by the Zoning Commission) Motion: Council Member Allen Gray made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -12 -087 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 12. ZC -12 -089 - (CD 9) - Texas Christian University, 3058 Wabash Avenue; from: "C" Medium Density Multifamily to: "PD -667" Planned Development for all uses in "C" Medium Density Multifamily plus parkine for Texas Christian University only; site plan waiver recommended. (Recommended for Approval by the Zoning Commission) Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman, that Zoning Docket No. ZC -12 -089 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 22 of 38 13. ZC -12 -090 - (CD 7) - LVG Investments, 5300 - 5600 blocks of White Settlement Road; from: "B" Two - Family, "E" Neighborhood Commercial, "I" Light Industrial and 11PD -724" Planned Development for all uses in "MU -1" Low Intensity Mixed Use with development standards; site plan required to: Amend "PD -724" Planned Development for "MU -1" Low Intensity Mixed Uses plus bars, farmers market, and mobile vendors with development standards; site plan required. (Recommended for Approval by the Zoning Commission) Mr. Wade Deforest, 109 South Roberts Cut -off Road, submitted a comment card in opposition to Zoning Docket No. ZC -12 -090. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -090 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Shingleton made a motion, seconded by Council Member Moss, that the public hearing be closed and that Ordinance No. 20354 -09 -2012 be adopted. The motion carried 8 ayes to 0 nays, with Council Member Espino absent. XV. REPORT OF THE CITY MANAGER A. Benefit Hearing City Secretary Kayser read the following: Conduct Public Benefit Hearings for Mayor and Council Communication Nos. BH -284 through BH -290; adopt ordinances levying special assessments and appropriating funds for the 2012 tax year; and authorize execution of management agreements for the following PIDS: • 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. ',I, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 23 of 38 1. M &C BH -284 - Conduct a Public Benefit Hearing for Public Improvement District 1, Downtown PID, Concerning the Proposed 2012 -2013 Budget and Five - Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Authorize Transfer in the Amount of $138,498.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Authorize Transfer in the Amount of $191,858.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Assessment, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) (PUBLIC HEARING) 2. M &C BH -285 - Conduct a Public Benefit Hearing for Public Improvement District 6, Park Glen PID, Concerning the Proposed 2012 -2013 Budget and Five - Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Authorize Transfer in the Amount of $174,043.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special 011` Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with Premier Communities Management Company to Manage the District (COUNCIL DISTRICT 4) (PUBLIC HEARING) 3. M &C BH -286 - Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Concerning the Proposed 2012 -2013 Budget and Five - Year Service Plan and Proposed Assessment Roll, Authorize Transfer in the Amount of $173,362.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with Premier Communities Management Company to Manage the District (COUNCIL DISTRICTS 4 and 7) (PUBLIC HEARING) 4. M &C BH -287 - Conduct a Public Benefit Hearing for Public Improvement District 8, Camp Bowie Corridor PID, Concerning the Proposed 2012 -2013 Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Leaving Special Assessments for the 2012 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with Camp Bowie District, Inc., to Manage the District (COUNCIL DISTRICTS 3 and 7) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 24 of 38 5. M &C BH -288 - Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Concerning the Proposed 2012 -2013 Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to Manage the District (COUNCIL DISTRICT 2) (PUBLIC HEARING) 6. M &C BH -289 - Conduct a Public Benefit Hearing for Public Improvement _District 12, Chapel Hill PID, Concerning the Proposed 2012 -2013 Budget and Five Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with RTI/Communities Management Associates, Inc. d/b /a CMA, to Manage the District (COUNCIL DISTRICT 7) (PUBLIC HEARING) 7. M &C BH -290 - Conduct a Public Benefit Hearing for Public Improvement ..� District 14, Trinity Bluff PID, Concerning the Proposed 2012 -2013 Budget and Five Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) (PUBLIC HEARING) a. Report of City Staff Mr. Jay Chapa, Director, Housing Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Mark Pacheco, PID 6 Manager, 1240 Keller Parkway, completed a speaker card in support of Mayor and Communication No. BH -285, but did not wish to address the Council. Mr. Terry Bascher, PID 7 Manager, completed a speaker card in support of Mayor and Council Communication No. BH -286, but did not wish to address the Council. .., l� CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 25 of 38 Ms. Kristin Jaworski, PID 11 Manager, 131 A East Exchange Avenue, completed a speaker card in support of Mayor and Council Communication No. BH -288, but did not wish to address the Council. Mr. Alan Smith, 11064 Kinston Street, submitted a comment card in opposition to Mayor and Council Communication No. BH -289. C. Council Action Council Member Shingleton requested the PID Manager of PID 12, Chapel Hill, provide more information and interact on a regular basis with the homeowners in the PID. Mr. Danny McCoy, PID 12 Manager, advised he understood Council Member Shingleton's concerns and they would be addressed. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that the public hearings be closed, Mayor and Council Communication Nos. BH- 284 thru BH -290 be approved, to authorize execution of the management agreements and that Assessment Ordinance Nos. and Appropriation Ordinance Nos. be adopted as follows: Mayor and Council Assessment Communication No. Ordinance No. BH -284 20355 -09 -2012 BH -285 20358 -09 -2012 BH -286 20361 -09 -2012 BH -287 20364 -09 -2012 BH -288 20367 -09 -2012 BH -289 20370 -09 -2012 BH -290 20373 -09 -2012 Appropriation Appropriation Ordinance No. Ordinance No. 20356 -09 -2012 20357 -09 -2012 20359 -09 -2012 20360 -09 -2012 20362 -09 -2012 20363 -09 -2012 20365 -09 -2012 20366 -09 -2012 20368 -09 -2012 20369 -09 -2012 20371 -09 -2012 20374 -09 -2012 20372 -09 -2012 20375 -09 -2012 The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 26 of 38 8. M &C BH -291 - Conduct a Benefit Hearing for Fort Worth Public Improvement District 15, Sun Valley, Concerning the Proposed Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012 -2013 and Authorize Execution of an Agreement with ORASI Development, LLC, to Manage the District (COUNCIL DISTRICT 5) (PUBLIC HEARING) Mayor Price opened the public hearing. a. Report of City Staff Mr. Jay Chapa, Director, Housing Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations .., Mr. Sidney Cavanaugh, 5450 East Loop 820 South, appeared before Council in opposition to Mayor and Council Communication No. 13H -291. (provided handout) •gql� Council Member Moss requested clarification from Mr. Chapa, regarding the process of creating PID 15, Sun Valley. Mr. Chapa provided an overview of the creation of PID 15 and stated two of the three criteria had been met for creation. C. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that the public hearing be closed, that Mayor and Council Communication No. BH -291 be approved, to authorize execution of the management agreement and that Assessment Ordinance No. 20376 -09 -2012, and Appropriation Ordinance Nos. 20377 -09 -2012 and 20378 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. B. General 1. M &C G -17645 - Adopt Ordinance Amending Chapter 6 of the City Code to Enact • Program for the Management of Feral Cats to Allow for the Implementation of • Trap- Neuter - Return Program in Fort Worth (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) —qN CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 27 of 38 It was the consensus of the City Council that Mayor and Council Communication No. G -17645 be continued until the November 12, 2012, Council meeting. 2. M &C G -17660 - Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Street Improvements Fund, the SH121T Southwest Parkway Fund, the New Development Fund, the Street Light and Signal Improvements Fund and the Street Improvements 2008 Fund in the Combined Amount of $98,315,060.00 from the Sale of General Purpose Refunding and Improvement Bonds, Series 2012, to Fund Proiects in the 2004 and 2008 Bond Programs (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Street Improvements Fund, the SH 121 T Southwest Parkway Fund, the New Development Fund, the Street Light and Signal Improvements Fund and the Street Improvements 2008 Fund in the combined amount of $98,315,060.00 from the sale of City of Fort Worth, Texas, General Purpose Refunding and Improvement Bonds, Series 2012, for the purpose of funding various projects in the 2004 and 2008 Bond Programs. Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17660 be approved and Appropriation e"11' Ordinance No. 20379 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 3. M &C G -17661 - Adopt Ordinance Amending the Speed Zone Tables in Chapter 22 of the City Code, Motor Vehicles and Traffic (COUNCIL DISTRICTS 2, 4, 6, 7 8 and 9 It was recommended that the City Council adopt an Ordinance amending Chapter 22, "Motor Vehicles and Traffic ", of the Code of the City of Fort Worth by amending Article III, Section 22- 86, entitled "Speeding ", Subsections (f) and (g) by changing the locations, extent and /or speed limits of certain speed zones. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17661 be approved and Ordinance No. 20380 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 4. M &C G- 17662_ Authorize Transfer in the Amount of $12,800,000.00 from the Water and Sewer Fund to the Water Capital Proiects Fund in the Amount of $6,000,000.00 and to the Sewer Capital Proiects Fund in the Amount of $6,800,000.00 to Fund Various Water and Sewer Capital Proiects and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 28 of 38 It was recommended that the City Council authorize the transfer in the amount of $12,800,000.00 from the Water and Sewer Fund to the Water Capital Projects Fund in the amount of $6,000,000.00 and to the Sewer Capital Projects Fund in the amount of $6,800,000.00 to fund various Water and Sewer Capital Projects; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund and the Sewer Capital Projects Fund, from available funds, for the purpose of funding unspecified water and sewer capital projects. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G -17662 be approved and Appropriation Ordinance No. 20381 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. C. Purchase of Equipment, Materials, and Services - None D. Land 1. M &C L -15434 - Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.559 Acres of Land for Ripht -of -Way and a Temporary Easement Interest in 0.282 Acres for Construction Located West of the Shiver Road and "ON North Beach Street Intersection in Abstract 1611,Tract 1E, Charles C. Whyte Survey, Owned by JDI Investors, L.P., for the Wideninu of North Beach Street from Vista Meadows Drive to Shiver Road (COUNCIL DISTRICT 2) It was recommended 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 0.559 acre of land for right -of -way and temporary easement interest in 0.282 acre for construction located in Abstract 1611, Tract IE, Charles C. Whyte Survey owned by JDI Investors, L.P., for the widening of North Beach Street from Vista Meadows Drive to Shiver Road, located west of the Shiver Road and North Beach Street intersection; declare the necessity to acquire a fee simple and temporary easement interest in the subject property by means of condemnation by eminent domain for the widening of North Beach Street; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire fee simple and temporary easement interest in the property; and authorize the payment pursuant to an award of commissioners and/or upon negotiated settlement in lieu of condemnation by eminent domain. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. L -15434 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire a 0.559 acre tract of land for a fee simple right -of -way acquisition and temporary easement interest in 0.282 acre of land for construction, located west of the Shiver Road and North Beach Street intersection in Abstract 1611, Tract IE, Charles C. -IN r CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 29 of 38 Whyte Survey, owned by JDI Investors, L.P. The right -of -way and temporary easement will be used to widen North Beach Street from a two (2) lane undivided to a four (4) lane divided road, from Vista Meadows Drive to Shiver Road, to provide increased capacity for traffic flow in North Fort Worth. The fee simple right -of -way and the temporary easement are described by metes and bounds and depicted by survey plats attached to this Mayor and Council Communication. be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. E. Planning & Zoning 1. M &C PZ -2983 - Consider the Adoption of an Ordinance Vacating a Portion of Right -of -Way Along Oakhurst Scenic Drive Adiacent to 2031 West Lotus Avenue (COUNCIL DISTRICT 2) (Continued from a Previous Meeting) It was recommended that the City Council consider the adoption of an Ordinance vacating and extinguishing a portion of Oakhurst Scenic Drive adjacent to Lots 12, 13 and a portion of Lot 14, Block 1, West Oakhurst Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, containing approximately 6074 square feet or 0.139 acre of land; providing for the reversion of fee in said land and the retainment of existing utility easements and remand this case to the City Plan Commission for further review. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. PZ -2983 be continued until the September 18, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 2. M &C PZ -2987 - Adopt Ordinance Amending the Subdivision Ordinance, Chapter 31 of the City Code, Articles III, IV, V, VI and IX to Improve the Flexibility, Efficiency and Predictability of the Development Process (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) 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 l� CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 30 of 38 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 support of Mayor and Council Communication No. PZ -2987. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and clarified the proposed amendment language related to the ability to file a conveyance plat for parcels less than 5 acres with a remainder greater than 5 acres and to clarify in the section related to preliminary plat expiration that progress towards completion must be demonstrated by the applicant. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ -2987 be approved as amended and Ordinance No. 20382 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 3. M &C PZ -2990 - Adopt Ordinance Vacating a Portion of Floyd Street, Ben 1 Avenue, Cochran Avenue, Carson Street, Borden Street and the Alleys Within Blocks Eight Through Ten, Forbess Addition for a Gas Well Site to be Leased b_y Legend Natural Gas (COUNCIL DISTRICT 8) It was recommended that the City Council adopt an Ordinance vacating and extinguishing portions of alleys within Blocks 8 through 10, Forbess Addition and portions of Bell Avenue, Floyd Street, Carson Street, Bordon Street, and Cochran Street, situated in the Shelby County School Survey, Abstract No. 1375 , Tarrant County, Texas; providing for reversion of fee in said land; the retainment of existing utility easements; and waive any and all purchase fee value of the vacated land in accordance with City policy (M &C G- 15624), for a gas well site to be leased by Legend Natural Gas. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ -2990 be approved and Ordinance No. 20383 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 4. M &C PZ -2991 - Adopt Ordinance Vacating a Portion of NW 22nd Street, Mary Street, Alice Street, Bryan Avenue, Park Lane, Henry Street, Hagan Avenue and the Alleys Within the Northside High School Campus (COUNCIL DISTRICT 21 "1 rA-d CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 31 of 38 It was recommended that the City Council adopt an Ordinance vacating and extinguishing portions of alleys within the Northside High School Campus and portions of Mary Street, Alice Street, Park Lane, Hagan Avenue, NW 22nd Street, Henry Street and Bryan Avenue, situated in the John Childress Survey, Abstract No. 252 and the Pleasant Moore Survey Abstract No. 1008 in the City of Fort Worth, Tarrant County, Texas, providing for reversion of fee in said land; the retainment of existing utility easements; and waive any and all purchase fee value of the vacated land in accordance with City Policy, M &C G- 15624. Council Member Moss advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. PZ -2991 be approved and Ordinance No. 20384 -09 -2012 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Moss and Council Member Espino absent. F. Award of Contract 1. M &C C -25821 - Authorize Execution of a Development Agreement in Lieu of Annexation with Multiple Property Owners for Certain Property, Known as the 000b� Pate Ranch Located Generally West of Summer Creek Drive and South of Dirks Road (COUNCIL DISTRICT 3) It was recommended that the City Council authorize the execution of a development agreement between the City and multiple property owners for the application of development standards in lieu of annexation for property known as the Pate Ranch located generally west of Summer Creek Drive and south of Dirks Road in unincorporated Tarrant County. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -25821 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 2. M &C C -25822 - Authorize Execution of an Agreement with Aetna Life Insurance Company for Administration of Fully Insured Medicare Advantage Plans in the Amount Up to $1,188,192.00 for the First Year (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of an agreement with Aetna Insurance Company for administration of two (2) alternate fully insured Medicare Advantage Plans in the amount up to $1,188,192.00 for the first year. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25822 be approved. The motion carried 7 ayes to 1 nay, with Council Member Allen Gray casting the dissenting 0001, vote and Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 32 of 38 3. M &C C -25823 - Authorize Execution of an Amendment to the Tax Abatement Agreement with Bell Helicopter Textron, Inc., and Authorize Amendment of Mayor and Council Communication C -25367 Authorizing Execution of Economic Development Program Agreement with Bell Helicopter Textron, Inc., to Modify the Requirements for the Purchase of New Personal Property in Each Phase of the Expansion and Consolidation of Its Main Headquarters Operations and Associated Facilities in the Vicinity of Interstate Highway 10 and Trinity Boulevard (COUNCIL DISTRICT 5) It was recommended that the City Council authorize the execution of an amendment to the Tax Abatement Agreement with Bell Helicopter Textron, Inc., (City Secretary Contract No. 42727) to reduce the minimum amount of new taxable tangible personal property that must be purchased for Phase I of the expansion and consolidation of its main headquarters operations and associated facilities in the vicinity of Interstate Highway 10 and Trinity Boulevard; and authorize the amendment of Mayor and Council Communication C -25367 authorizing execution of an economic development program agreement with Bell Helicopter Textron, Inc., to adjust the minimum amount of new taxable tangible personal property that must be purchased for each subsequent phase of the expansion and consolidation of its main headquarters operations and associated facilities. Mr. Brian Chase, 600 East Hurst Boulevard, completed a speaker card in support of Mayor and Council Communication No. C- 25823, but did not wish to address the Council. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25823 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 4. M &C C -25824 - Authorize :Execution of Five -Year Tax Abatement Agreement with Salvador Estrada for Property Located at 4225 S. Henderson Street in the Hemphill/Berry Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the execution of a five (5) year tax abatement agreement with Salvador Estrada for the property at 4225 S. Henderson Street in the Hemphill /Berry Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25824 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. rl� CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 33 of 38 5. M &C C -25825 - Authorize Lease of the Parking Lot at 1600 Gendy Street to the Museum of Science and History for an Annual Rental in the Amount of $12,000.00 and Authorize Amendment of Schedule of Rates and Charges for the Municipal Parking System at the Will Rogers Memorial Center to Permit the Waiver of Fees for this Parking Lot (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the lease of the parking lot at 1600 Gendy Street to the Museum of Science and History in order to provide parking for guests of the Museum, the Cattle Raisers Museum, the Community Arts Center and the National Cowgirl Museum and Hall of Fame; and authorize the amendment of the Schedule of Rates and Charges for the Municipal Parking System at the Will Rogers Memorial Center to permit waiver of fees for the parking lot at 1600 Gendy Street and permit revenue earned from the parking lot by the Fort Worth Museum of Science and History to be retained by the Fort Worth Museum of Science and History. Council Member Shingleton pointed out that three other facilities would benefit from this parking lot: the Community Arts Center, the Cowgirl Museum and the Cattle Raisers Museum. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -25825 be approved. The motion 0011' carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 6. M &C C -25826 - Adopt Resolution Authorizing Execution of a Local Proiect Advance Funding Agreement with the Texas Department of Transportation in the Amount Not to Exceed $13,200,000.00 for Design and Construction of the North Riverside Drive Bridge Over Interstate Highway 820 (COUNCIL DISTRICT 4) It was recommended that the City Council adopt a Resolution authorizing the execution of a local project advance funding agreement with the Texas Department of Transportation (TxDOT) in the amount not to exceed $13,200,000.00 to construct the North Riverside Drive Bridge over IH -820; and authorize a payment to TxDOT in the amount not to exceed $13,200,000.00 for the design and construction of the bridge. Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25826 be approved and Resolution No. 4125 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 7. M &C C -25827 - Adopt Resolutions Authorizine Execution of Two Local Proiect Advance Funding Agreements with the Texas Department of Transportation, One for the New White Settlement Bridge in the Amount of $896,658.00 and One for the New North Main Street Bridge in the Amount of $1,332,356.00, Both for the Preparation of Plans, Specifications and Estimates for the New Bridges (COUNCIL DISTRICTS 2 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 34 of 38 It was recommended that the City Council adopt a Resolution authorizing the execution of a local project advance funding agreement with the Texas Department of Transportation (TxDOT) for the new White Settlement Bridge in the amount of $896,658.00, for the preparation of plans, specifications and estimates for the new bridge over the future Trinity River Vision By -Pass Channel; and adopt a Resolution authorizing the execution of a local project advance funding agreement with TxDOT for the new North Main Street Bridge in the amount of $1,332,356.00, for the preparation of plans, specifications and estimates for the new bridge over the future Trinity River Vision By -Pass Channel. Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. C -25827 be approved and Resolution Nos. 4126 -09 -2012 and 4127 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 8. M &C C -25828 - Authorize Execution of School Security Initiative Contracts with Fort Worth, Crowley, Eagle Mountain /Saginaw and Lake Worth Independent School Districts and the Lena Pope Home for School Year 2012 -2013 in the Amount of $3,916,916.00 (ALL COUNCIL DISTRICTS) ..N It was recommended that the City Council authorize the execution of School Security Initiative 'ON Contracts with Fort Worth, Crowley, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home to operate the School Security Initiative in the amount of $3,916,916.00. Council Members Moss and Jordan advised they had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Council Member Allen Gray recused from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -25828 be approved. The motion carried 5 ayes to 0 nays, with 1 recusal by Council Member Allen Gray, 2 abstentions by Council Members Moss and Jordan and Council Member Espino absent. 9. M &C C -25829 - Authorize Provision of Water for Irrigation Service at 1.25 Times the Retail Rate to Chesapeake Operating, Inc., Located at 3725 St. Francis Village Road in Tarrant County Outside of the Fort Worth City Limits Pursuant to City Code Section 35 -60B Uses Outside City (COUNCIL DISTRICT 3) It was recommended that the City Council authorize the Water Department to provide water irrigation service at 1.25 times the retail rate to Chesapeake Operating, Inc., located at 3725 St. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 35 of 38 Francis Village Road in Tarrant County outside of the Fort Worth city limits pursuant to City Code Section 35 -60B "Uses Outside City"; and authorize the execution of an agreement for such services. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25829 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Council Member Espino absent. 10. M &C C -25830 - Authorize Execution of a Contract with S.J. Louis Construction of Texas, Ltd., in the Amount of $2,416,891.31 for Sanitary Sewer Rehabilitation Contract 55, Part 5 on Trinity Park Drive, Crestline Road, Cottonwood Drive, Foch Street, Westover Drive, Hidden Creek Road, University Drive and One Easement and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 7 and 9) It was recommended that the City Council authorize the transfer of $2,546,398.31 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of Sanitary Sewer Rehabilitation Contract 55, Part 5 on University Drive, from West Lancaster Avenue to Crestline Road; Crestline Road, from University Drive to Trinity Park Drive; Trinity Park Drive, from Crestline Road to Cottonwood Drive; Cottonwood Drive, from Trinity Park Drive to Cedar Elm Road; Foch Street, from Trinity Park Drive to 900 feet north; Hidden Creek Road, from Deepdale Drive to 2,500 feet west; Westover Drive, from Deepdale Drive to 3,500 feet west; and Easement between Hidden Creek Road and Deepdale Drive, from Westover Drive to Hidden Creek Road; and authorize the execution of a contract with S. J. Louis Construction of Texas, Ltd., in the amount of $2,416,891.31 for Sanitary Sewer Rehabilitation Contract 55, Part 5. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25830 be approved and Appropriation Ordinance No. 20385 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. XVI. PUBLIC HEARING 1. Public Hearing on the Proposed Amendment to the Land Use Assumptions, Capital Improvements Plan and Impact Fee Schedules for Water and Wastewater Facilities in Accordance with Section 395.054 of the Local Government Code CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 36 of 38 Mayor Price opened the public hearing. (Council Member Scarth left his place at the dais.) a. Report of City Staff Ms. Wendy Chi - Babulal, Senior Professional Engineer, Water Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Pablo Vasquez, 4909 Pershing Avenue, completed a speaker card in opposition to the proposed amendment to the Land Use Assumptions, Capital Improvements Plan and Impact Fee Schedules for Water and Wastewater Facilities. Council Member Jordan requested Mr. Frank Crumb, Director, Water Department, clarify the proposed change in rates. Mr. Crumb stated an item would be considered at the September 18, 2012, Council meeting and the proposal would be for the retail rate to be increased and growth impact fee to be decreased. ,, Council Member Jordan stated that he had a philosophical issue with this item and would not support this item. (Council Member Scarth returned to his place at the dais.) C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that the public hearing be closed. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. XVII. BUDGET HEARING 1. Hearing on Proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Lew Ordinance Mayor Price opened the budget hearing. a. Report of City Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 37 of 38 Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Kam Phillips, 1300 Gendy Street, appeared before Council in support of the proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance. 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 and the Directions Home Program. Mr. Douglas Harman, 2222 Winton Terrace East (provided handout) Ms. Ginny Tigue, 4415 Meandering Way (provided handout and petition) Ms. Carolyn West, 7108 Old Santa Fe Trail (provided handout) Mr. Robert Bass, 6221 Westover Drive Mr. Patrick Murphy, 3092 Las Vegas Trail, Apartment 130 Mr. Mike O'Toole and Miss Taylor O'Toole, 1300 Gendy Street Mr. Jesse Aguilera, 2112 Daisy Lane Mr. Greg Hutson, P.O. Box 471391 Ms. Sandy Myers, representing Chris Myers, 1605 Steinburg Lane (read letter from Chris Myers) Mr. Mark Hill, 4405 Dunwick Lane 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. Travis Baugh, P.O. Box 470859 Mr. Dale Brock, 604 Main Street, No. 307 Ms. Christina Brinker, 1124 Lilac Street Mr. Bill Hart, 408 Green River Trail Mr. John Leach, 3701 Cimmaron Trail Mr. James Petrovich, 2525 Marigold The following individuals completed "undecided" speaker cards 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. Diana Crawford, 4308 Locke Avenue Mr. Mike Auman, 249 West Thornhill Drive (provided handout) 001 Mr. Christopher McGuire, 1300 Gendy Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 11, 2012 Page 38 of 38 C. Council Action Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that the budget hearing be continued until the September 18, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. XVIII. CITIZEN PRESENTATIONS There were no citizen presentations. XIX. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XX. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular Meeting at 10:38 p.m. These minutes approved by the Fort Worth City Council on the 18th day of September, 2012. Attest: City ..N .."ON