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HomeMy WebLinkAbout2012/09/25-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Present: Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Absent: Mayor Betsy Price 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 Pro tem Zimmerman called the regular session of the Fort Worth City Council to order at 10:00 a.m., on Tuesday, September 25, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Price absent. II. INVOCATION - Pastor Robert Sample, Holy Tabernacle Church of God in Christ The invocation was provided by Pastor Robert Sample, Holy Tabernacle Church of God in Christ. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2012 Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton that the Minutes of the Regular Meeting of September 18, 2012, be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 2 of 26 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication No. L -15441 be withdrawn from the Consent Agenda for individual consideration. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. PZ -2957 be continued until the October 16, 2012, Council meeting. VII. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. A. General - Consent Items 1. M &C G -17682 - Approve Settlement of Claims in City of Fort Worth v. Crawford Farms Investors, Ltd., et al., and Settlement of Other Claims with Burnsco ", Construction, Inc. Regarding Prematurely Failed Streets. (COUNCIL DISTRICTS 2 and 6) The City Council approved the following recommendation: Approve settlement of claims in City of Fort Worth v. Crawford Farms Investors, Ltd., et al. and settlement of other claims with Burnsco Construction, Inc., regarding prematurely failed streets in north Fort Worth. 2. M &C G -17683 - Adopt Ordinance Granting Sprint Communications Comuan L.P., a License to Use Public Rights -of -Way for the Relocation of its Fiber Optic Long Distance Telecommunication System. (COUNCIL DISTRICTS 8 and 9) The City Council approved the following recommendation: Adopt Ordinance No. 20414 -09 -2012 granting a license to Sprint Communications Company, L.P., for use of public rights -of -way in the City of Fort Worth for the purpose of constructing, maintaining and operating a telecommunications system solely for the transmission of long distance telephone services; requiring execution of a public right -of -way use agreement between the City of Fort Worth and Sprint Communications Company, L.P., regarding conditions and requirements related to (i) the use of public rights -of -way in the City of Fort Worth; (ii) the construction, maintenance and operation of a telecommunications system for the transmission of long distance telephone services; and (iii) reasonable compensation to the City of Fort Worth for the use of the public rights -of -way; providing for publication; providing an effective date; and repealing Ordinance No. 11380 contemporaneously with the effectiveness of this Ordinance. '1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 3 of 26 3. M &C G -17684 - Adopt Supplemental Appropriation Ordinance and Transfer $281.979.26 to Various Designated Funds for Subrogation Recovery and Self - Funded Property Losses. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20415 -09 -2012 increasing the estimated receipts and appropriations in the Risk Management Fund in the amount of $281,310.66, from available funds, due to subrogation recovery, for the purpose of transferring said funds to various funds for the insured property and liability losses; and authorize the transfer of $281,979.26 from the Risk Management Fund to various funds. 4. M &C G-17685 - Authorize an Additional $50.000.00 Pavment to the 2012 Retired Employees' Group Death Benefit Fund for Payments of Retiree Death Benefits Under Section 2 -229 of the Citv Code. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an additional payment of $50,000.00 to the 2012 Retired Employees' Group Death Benefit Fund to pay for retiree death benefits in accordance with Section 2 -229 of the City Code. 5. M &C G -17686 - Authorize Pavment in the Amount of $225.000.00 to the Retired Employees' Group Death Benefit Fund for Payments of Retiree Death Benefits Under Section 2 -229 of the Citv Code. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a payment in the amount of $225,000.00 to the Retired Employees' Group Death Benefit Fund to pay for retiree death benefits in accordance with Section 2 -229 of the City Code. 6. M &C G-17687 - Authorize Execution of an Equipment Donation Agreement with the National Insurance Crime Bureau for the Acceptance of Two Forty -Foot Shipping Containers to Store Equipment in Preparation for the New Training/Administration Facility. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an equipment donation agreement with the National Insurance Crime Bureau for the acceptance of two (2) 40 -foot shipping containers to store equipment in preparation for the new training/Administration facility. 7. M &C G -17688 - Approve Extension of Iniury Leave -of- Absence Pav Benefits in the Amount of $31.139.68 for Police Officer Daniel St. Clair. ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a six (6) month extension of injury leave -of- absence pay benefits in the amount of $31,139.68 for Police Officer Daniel St. Clair beginning November 10, 2012, and extending through May 3, 2013. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 4 of 26 B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11429 - Authorize Resection of All Proposals Received in Response to the Consolidated Video Security System Request for Proposal No. 12 -0022. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the rejection of all proposals received in response to the Consolidated Video Security System Request for Proposal No. 12 -0022. 2. M &C P -11430 - Authorize Execution of an Annual Agreement with Holophane Lighting for Washington -Style Lanterns and Posts for the Transportation and Public Works Department in the Amount Up to $227,000.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of an annual Agreement with Holophane Lighting for Washington -style lanterns and posts for the Transportation and Public Works Department in the amount up to $227,000.00. 3. M &C P -11431 - Authorize Purchase of a Rotary Mower from Professional Turf Products, L.P., Using a Cooperative Contract for the Parks and Community Services Department for a Total in the Amount of $76,464.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a rotary mower from Professional Turf Products, L.P., using National Intergovernmental Purchasing Alliance Cooperative Contract No. 083004 for the Parks and Community Services Department for a total in the amount of $76,464.00. 4. M &C P -11432 - Authorize Purchase of Four Police Interceptor Sedans from Baby Jack II Automotive LTD d/b /a Caldwell Country Chevrolet, Using a Cooperative Contract for the Police Department in the Amount of $106,748.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of four (4) police interceptor sedans from Baby Jack II Automotive LTD d/b /a Caldwell Country Chevrolet, using the Tarrant County Cooperative Contract Number 2011 -139 for the Police Department in the amount of $106,748.00. C. Land - Consent Items FRO 1. M &C L -15439 - Authorize Execution of a Lease with Alliance for Children, Inc., for Approximately 5,036 Square Feet of Office Space Located at 908 Southland Road for the Police Department for Total Rent in the Amount of $30,000.00. (COUNCIL DISTRICT 9) _"N r CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 5 of 26 The City Council approved the following recommendation: Authorize the execution of a lease with Alliance for Children, Inc., for approximately 5,036 square feet of office space located at 908 Southland Road for the Police Department for total rent in the amount of $30,000.00. 2. M &C L -15440 - Authorize Acquisition of a Fee Simple Interest in 0.029 Acres of Land for Right -of -Way and 0.191 Acres for Temporary Construction Easements Owned by Monolith Limited Partnership and James D. Finley Located at 4009 East 1st Street, 4033 East 1st Street, 4105 East 1st Street and 4229 East 1st Street for Widening East 1st Street from Beach Street to Oakland Boulevard for a Purchase Price in the Amount of $3,264.00 Estimated Closing Costs in the Amount Not to Exceed $1,000.00. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the acquisition of fee simple interests in 0.029 acre of land for right -of -way and 0.191 acre for temporary construction easements owned by Monolith Limited Partnership, James D. Finely, General Partner and James D. Finley, individually, located at 4009 East 1 st Street, 4033 East 1 st Street, 4105 East 1 st Street and 4229 East 1 st Street for widening East 1 st Street from Beach Street to Oakland Boulevard in the City of Fort Worth, Texas, in the amount of $3,264.00 and pay estimated closing costs in the amount up to $1,000.00; find that the total purchase price in the amount of $3,264.00 is just compensation; and authorize the acceptance of the conveyances, record the appropriate instruments and pay the purchase price in the amount of $3,264.00 and the estimated closing costs in an amount up to $1,000.00. 4. M &C L -15442 - Authorize Acquisition of a Fee Simple Interest in 1.611 Acres of Land for Right -of -Way, an Easement Interest in 1.436 Acres of Land for a Permanent Slope, 0.087 Acres of Land for Permanent Drainage and 0.003 Acres of Land for Public Open Space for the Widening of North Beach Street from Vista Meadows Drive to Shiver Road, Located Near the Southwest Corner of North Beach Street and Heritage Trace Parkway, from Heritage Glen Retail Joint Venture, in the Amount of $617,778.00 and Pay Estimated Closing Costs in the Amount Up to $5,000.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize acquisition of a fee simple interest in 1.611 acres of land for right -of -way, an easement interest in 1.436 acres of land for a permanent slope, 0.087 acre of land for permanent drainage and 0.003 acre of land for public open space for the widening of North Beach Street from Vista Meadows Drive to Shiver Road, located near the southwest corner of North Beach Street and Heritage Trace Parkway, from Heritage Glen Retail Joint Venture in the amount of $617,778.00 and pay estimated closing costs in the amount up to $5,000.00; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and to pay the purchase price in the amount of $617,778.00 and the estimated closing costs in the amount up to $5,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 6 of 26 D. Planning & Zoning - Consent Items 1. M &C PZ -2993 - Authorize Adoption of an Ordinance Vacating a Portion of Travis Avenue and Two Alleys Between West Maunolia Avenue and West Morphy Street. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Ordinance No. 20416 -09 -2012 vacating and extinguishing portions of Travis Avenue and two (2) alleys located in Block B, Martin & Moodie's Subdivision of Blocks 23 and 24 of the Wm. Welch Survey, City of Fort Worth, Tarrant County, Texas; providing for reversion of fee in said land; the retainment of existing utility easements; repealing all Ordinances in conflict herewith; and providing an effective date; and waive any and all purchase fee values of the vacated land in accordance with City Policy M &C G- 15624. E. Award of Contract - Consent Items 1. M &C C -25861 - Authorize Execution of a Fair Housing Assistance Program Cooperative Agreement Through the Fort Worth Human Relations Commission with the United States Department of Housing and Urban Development for Fiscal Year 2013, Authorize Acceptance of Funds in the Amount Up to $760,000.00 and .� Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Fair Housing Assistance Program Cooperative Agreement through the Fort Worth Human Relations Commission with the United States Department of Housing and Urban Development (HUD) for Fiscal Year 2013 and accept funds in the amount up to $760,000.00, for a contractual award in the amount up to $736,515.00 plus current and future accrued interest from contractual award funds in the amount up to $23,485.00; and adopt Appropriation Ordinance No. 20417 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of funds from HUD, for the purpose of funding the Fair Housing Assistance Program for Fiscal Year 2013. 2. M &C C -25862 - Authorize Execution of a Sole Source Agreement with Skire, Inc., for Continued Unifier Software Hosting, Maintenance and Support Services for the City's Capital Projects Management Svstem for the Annual Amount of $191,172.93. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Sole Source Agreement with Skire, Inc., for continued Unifier software hosting, maintenance and support services for the City's Capital Projects Management System for the annual amount of $191,172.93; and authorize the agreement to begin on October 1, 2012, and expire on September 30, 2013, with the option to renew for two (2) additional one (1) year periods. ..qN CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 7 of 26 3. M &C C -25863 - Authorize Execution of a Storm Water Facility Maintenance Agreement with FW Mason Heights, LP, for Property Located East of Mitchell Boulevard in the Masonic Home and School Addition, Lot 1, Block 1. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of a Storm Water Facility Maintenance Agreement with FW Mason Heights, LP, for property located east of Mitchell Boulevard in the Masonic Home and School Addition, Lot 1, Block 1, at no expense to the City. 4. M &C C -25864 - Authorize Execution of Amendment No. 2 in the Amount of $375,000.00 to the Contract with Standard Parking Corporation for the Management and Operation of the Will Rogers Memorial Center and Fort Worth Convention Center Parking Facilities to Increase the Reimbursement Amount for Fiscal Year 2012 for a Total Reimbursement in the Amount of $1,653,999.00. (COUNCIL DISTRICTS 7 and 9) The City Council approved the following recommendation: Authorize the execution of Amendment No. 2 to the contract with Standard Parking Corporation for the management and operation of the Will Rogers Memorial Center and Fort Worth Convention Center Parking Op"' Facilities to increase the amount of reimbursements in the amount of $375,000.00 for operating expenses for a total reimbursement of $1,653,999.00 for Fiscal Year 2012. 5. M &C C -25865 - Authorize Execution of a Contract with Conatser Construction TX, LP in the Amount of $874,315.00 for the Kings Oak Circle and Haltom Road Drainage Improvement Project. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $874,315.00 for the Kings Oak Circle and Haltom Road Drainage Improvement Project. 6. M &C C -25866 - Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $375,000.00 for the County's Participation in the Construction of Streetscape Improvements Along East Rosedale Street from Nashville Avenue to Collard Street and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of an interlocal agreement with Tarrant County in the amount of $375,000.00 for the county's participation in the construction of streetscape improvements along East Rosedale Street from Nashville Avenue to Collard Street; and adopt Appropriation Ordinance No. 20418 -09 -2012 increasing the estimated receipts and appropriations in the Grant Capital Projects Fund subject to execution of an interlocal agreement with Tarrant County, for the purpose of funding participation in the construction of the streetscape improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 8 of 26 7. M &C C -25867 - Authorize Execution of the Agreement Between the United States Department of Justice, Drug Enforcement Administration and the City of Fort Worth for Payment of Overtime in the Amount Up to $86,011.25 for Participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2013 and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with the United States Department of Justice, Drug Enforcement Administration regarding the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2013; authorize the agreement to begin on October 1, 2012, and end on September 30, 2013, and provide that a 30 -day advance written notice be required for termination of the agreement; authorize the Police Department to accept the amount up to $86,011.25 for reimbursement of overtime payments made to the five (5) officers assigned to the North Texas High Intensity Drug Trafficking Area Task Force Group 2; and adopt Appropriation Ordinance No. 20419 -09 -2012 increasing the estimated the receipts and appropriations in the Grants Fund, upon execution of the agreement, for the purpose of payment of overtime for participation in the North Texas High Intensity Drug Trafficking Area Task Force Group 2 for Fiscal Year 2013. 1 8. M &C C -25868 - Ratify Application for and Authorize Acceptance of, if Awarded, the State Criminal Justice Programs Grant in the Amount of $37,288.17 from the State of Texas, Office of the Governor, Criminal Justice Division, Adopt Related Resolution and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the application for the State Criminal Justice Programs Grant from the Office of the Governor, Criminal Justice Division, in the amount of $37,288.17; authorize the City Manager to accept, reject, alter or terminate, if awarded the grant; authorize the execution of a contract in connection with the acceptance of the grant, if awarded; adopt Resolution No. 4133 -09 -2012 authorizing the Police Department's application for and acceptance of $37,288.17 in grant funds from the State of Texas, Office of the Governor, Criminal Justice Division for the grant and the making of assurances required by the Criminal Justice Division of the Governor's Office; and adopt Appropriation Ordinance No. 20420 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of applying for a specially- equipped vehicle to transport, power, operate and monitor electronic equipment. 9. M &C C -25869 - Authorize Execution of a Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration to Continue Operation of the Drug Enforcement Administration, Fort Worth Multi - Agency Task Force, Authorize Reimbursement of Costs Associated with Participation in the Amount Up to $121,870.45 and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) -, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 9 of 26 The City Council approved the following recommendation: Authorize the execution of a Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration to continue operation of the Drug Enforcement Administration Fort Worth Multi - Agency Task Force; authorize the term of the agreement to be September 30, 2012, through September 30, 2013; authorize the Police Department to accept up to the amount of $121,870.45 for reimbursement of overtime worked by the assigned officers and support provided by a clerical employee; and adopt Appropriation Ordinance No. 20421 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose reflected above. 10. M &C C -25870 - Authorize Execution of a Contract with the Boys and Girls Clubs of Greater Fort Worth in the Amount of $307,015.00 to Continue Operation of the Safe Haven Youth Program- Martin Located at 3123 Avenue G. (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of a contract with the Boys and Girls Clubs of Greater Fort Worth in the amount of $307,015.00 to continue operation of the Safe Haven Youth Program -Martin located at 3123 Avenue G. 00"` 11. M &C C -25871 - Authorize Execution of a Contract with Lena Pope Home, Inc., for Fiscal Year 2013 Community -Based Program Funding from the Crime Control and Prevention District Fund in the Amount of $50,000.00 to Operate a Second Opportunity for Success Program. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of a contract with Lena Pope Home, Inc., for the Fiscal Year 2013 Community -Based Program funding from the Crime Control and Prevention District Fund in the amount of $50,000.00 to operate a Second Opportunity for Success Program. 12. M &C C -25872 - Authorize Acceptance in the Amount of $42,000.00 in Grant Funds from the Victim Coordinator and Liaison Grant Program, Authorize Execution of a Contract with the Office of the Attorney General, Adopt Resolution in Order to Make Assurances Required by the Attorney General of Texas's Crime Victim Services and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of grant funds in the amount of $42,000.00 from the Victim Coordinator and Liaison Grant from the Office of the Attorney General of Texas's Crime Victim Services Division; authorize the execution of a contract with the Office of the Attorney General of Texas's Crime Victim Services Division for the implementation of the Victim Coordinator and Liaison Grant; adopt Resolution 00' No. 4134 -09 -2012 authorizing the making of assurances required by the Office of the Attorney CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 10 of 26 General Crime Victim Services Division in connection with the Fiscal Year 2013 Victim Coordinator and Liaison Grant Funds, and adopt Appropriation Ordinance No. 20422 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of funding a bilingual Spanish - language Victim Assistance Specialist who can provide consistent services throughout the Fort Worth Police Department for victims and their families. 13. M &C C -25873 - Authorize Execution of an Agreement with the Safe City Commission, Inc., in the Amount of $300,000.00 to Operate One Safe Place as a Family Advocacy Center for Tarrant County. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement in the amount of $300,000.00 with the Safe City Commission, Inc., during Fiscal Year 2013 to operate One Safe Place as a Family Advocacy Center for Tarrant County. 14. M &C C -25874 - Ratifv Application for and Authorize Acceptance in the Amount of $61,500.00 in Grant Funds from the Texas School Safety Center at Texas State University -San Marcos, Authorize Execution of Related Agreement with Texas State University -San Marcos for Operations to Discourage the Sale of Tobacco Products to Minors and Adopt Appropriation Ordinance. (ALL COUNCIL "ON DISTRICTS) The City Council approved the following recommendation: Ratify the application for and authorize the acceptance of grant funds from the Texas School Safety Center at Texas State University -San Marcos in the amount of $61,500.00; authorize the execution of the grant agreement; and adopt Appropriation Ordinance No. 20423 -09 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of funding operations to discourage the sale of tobacco products to minors. 15. M &C C -25875 - Ratifv Interlocal Agreement for AMBUS Services Between the Area Metropolitan Ambulance Authority d/b /a Medstar and the City of For Worth. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the execution of an Interlocal Agreement between the Area Metropolitan Ambulance Authority d/b /a Medstar and the City of Fort Worth. 16. M &C C -25876 - Authorize Execution of a Written Consent to Deed of Trust Lien and Estoppel Certificate by Cliff Millican in Favor of The American National Bank of Texas for Lease Site E -12 at Fort Worth Spinks Airport. (COUNCIL DISTRICT 8) hibil CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 11 of 26 The City Council approved the following recommendation: Authorize the execution of a written Consent to Deed of Trust Lien and Estoppel Certificate by Cliff Millican in favor of The American National Bank of Texas for Lease Site E -12 at Fort Worth Spinks Airport. 17. M &C C -25877 - Authorize Execution of an En ineering Agreement with Parsons Water & Infrastructure, Inc., in the Amount of $391,453.00 for Little Fossil Creek Interceptor Improvements at Various Locations Within the Little Fossil Creek Drainage Basin and Adopt Appropriation Ordinance. (COUNCIL DISTRICTS 2 and 4 The City Council approved the following recommendation: Authorize the transfer of $441,453.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20424 -09 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of executing a contract for Little Fossil Creek Interceptor (M -292) Improvements at various locations with the Little Fossil Creek Drainage Basin; and authorize the execution of a contract with Parsons Water & Infrastructure, Inc., in the amount of $391,453.00 with Parsons Water & Infrastructure, Inc., for Little Fossil Creek Interceptor Improvements at various locations. 18. M &C C -25878 - Authorize Execution of an Agreement with Bibliotheca ITG, ice' LLC, to Provide a Radio Frequency Identification Solution for Multiple Library Locations Throughout the City in the Amount of $353,200.00 for the First Year. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Bibliotheca ITG, LLC, to provide a radio frequency identification solution for multiple library locations throughout the City in the amount of $353,200.00 for the first year. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS- 1863- Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. C. Land - Consent Items - Removed from Consent Agenda for Individual Consideration 3. M &C L -15441 - Authorize Condemnation by Eminent Domain of Fee Simple Interest in 0.483 Acres of Vacant Land Located in the 7400 Block of Randol Mill Road, Owned by West Fork Partners, L.P, for the Randol Mill Drainage Culvert Improvement Project. (COUNCIL DISTRICT 4) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 12 of 26 It was recommended that the City Council declare that negotiations between the City and the landowner to acquire a fee simple interest in 0.483 acre of vacant land owned by West Fork Partners, L.P., and known as 7400 Block of Randol Mill Road, Joseph C. Davis Survey, Abstract No. 423, Tarrant County, Texas, City of Fort Worth, were unsuccessful due to the inability to agree on terms to acquire a fee simple interest; declare the necessity to acquire a fee simple interest in the subject property for the Randol Mill Drainage Culvert Improvement Project; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the fee simple interest in the property; authorize the payment pursuant to an award of commissioners and/or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the acceptance and recording of appropriate instruments. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. L -15441 be approved and that the Fort Worth City Council authorizes the use of the power of eminent domain to acquire from West Fork Partners, L.P., 0.483 acre of land for a fee simple interest for the Randol Mill Drainage Culvert Improvement Project from the tract of land known as Abstract No. 423, Joseph C. Davis Survey, Tarrant County, Texas, also known as 7400 Block of Randol Mill Road. The land rights will be used to construct new drainage culverts and provide erosion protection upstream and downstream from the new culverts crossing Randol Mill Road. The fee simple interest is described by metes and bounds and depicted by survey plats attached to this Mayor and Council Communication. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. I. Certificate of Recognition of Hispanic Heritage Month Council Member Espino presented the Certificate of Recognition for Hispanic Heritage Month to Ms. Rosalinda Mendoza, Chair of the Hispanic Heritage Employee Celebration Committee. He stated that the City of Fort Worth joined the Nation in recognizing September 15, 2012, through October 15, 2012, as Hispanic Heritage Month. He also pointed out that this year's theme was "Diversity United, Building America's Future Today." Ms. Mendoza expressed appreciation for the recognition and invited everyone to attend the celebration at City Hall on September 27, 2012. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events r CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 13 of 26 Council Member Scarth expressed appreciation to everyone who attended the commissioning ceremony of the USS Fort Worth in Galveston, Texas. He stated it was a tremendous celebration and pointed out that there were over 1,000 individuals from Fort Worth who attended the event along with the 2,000 other attendees. Mayor Pro tem Zimmerman also stated that the commissioning ceremony was a wonderful event and added that the City of Fort Worth and its citizens made a lifelong commitment of support to the crew of the USS Fort Worth and their families. Council Member Shingleton announced that the Fort Worth Music Festival would be held at the Will Rogers Memorial Center on September 28 through 29, 2012, and encouraged everyone to attend the event. Council Member Allen Gray expressed appreciation to everyone who attended the first District 8 Task Force meeting that was held on September 18, 2012. Council Member Espino invited everyone to attend the Hispanic Heritage Month celebration at City Hall on September 27, 2012, from 11:00 a.m. to 2:30 p.m. He also announced that the ArtSi event would be held on September 29, 2012, at the Rose Marine Theatre and would feature an art show and a silent auction. 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 Council Member Scarth recommended the following appointments on behalf of the Legislative and Intergovernmental Affairs Committee: • Ms. Barbara M. James to Place 6 on the Fort Worth Human Relations Commission, with a term expiring October 1, 2014. • Mr. Robert A. Dellamura to Place 8 on the Fort Worth Human Relations Commission, with a term expiring October 1, 2014. Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Ms. Barbara M. James be appointed to Place 6 and Mr. Robert A. Dellamura be appointed to Place 8 on the Fort Worth Human Relations Commission, with terms expiring on October 1, 2014. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 14 of 26 "ON Council Member Allen Gray requested the Council's consideration for the following appointments and reappointments: Appointments: • Mr. Lee Echols, Jr., Board of Adjustment - Commercial, Place 8, and Fort Worth Alliance Airport Board of Adjustment, Place 8, with a term expiring on October 1, 2014. • Mr. Jerome Carlos Johnson, Community Development Council, Place 8, with a term expiring on October 1, 2014. Reappointments: • Mr. Richard L. Burnett, Appeals Board, Place 8, with a term expiring September 30, 2014 • Ms. Ericka Calton, Aviation Advisory Board, Place 8, with a term expiring October 1, 2014 • Ms. Shirley Bryant, Board of Adjustment - Residential, Place 8, with a term expiring 1 October 1, 2014 • Ms. Susan De Los Santos, Building and Standards Commission, Place 8, with a term expiring September 30, 2014 • Mr. Donald Richard Boren, City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees, Place 8, with a term expiring October 1, 2014 • Ms. Wanda Conlin, Zoning Commission and Fort Worth Alliance Airport Zoning Commission, Place 8, with a term expiring October 1, 2014 • Ms. Sandra Toombs, Fort Worth Commission for Women, Place 8, with a term expiring October 1, 2014 • Ms. Janet Saltsgiver, Fort Worth Transportation Authority Executive Committee, Place 8, with a term expiring September 30, 2014 • Ms. Erma Bonner- Platte, Historic and Cultural Landmarks Commission, Place 8, with a term expiring October 1, 2014 "qs CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 15 of 26 • Ms. Ruth Tunstle, Parks and Community Services Advisory Board, Place 8, with a term expiring October 1, 2014 • Mr. Robert "Bob" Kelly, Urban Design Commission, Place 8, with a term expiring October 1, 2014 Motion: Council Member Allen Gray made a motion, seconded by Council Member Espino, that the individuals listed above be appointed or reappointed to the various boards and commissions, effective September 25, 2012, with terms expiring as stated. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XII. ELECTION OF MAYOR PRO TEMPORE Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that Council Member W.B. "Zim" Zimmerman be nominated Mayor Pro Tempore for the Fort Worth City Council. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. Mayor Pro tern Zimmerman expressed appreciation to his colleagues for their support and stated he looked forward to serving them in the Mayor Pro tem capacity for another year. XIII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIV. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General 1. M &C G -17689 - Authorize Adoption of Ordinances Adjusting Certain Planning and Development Department Fees Related to the Building, Residential, Mechanical, Plumbing, Electrical and Sign Codes and Zoning and Platting Applications. (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Ordinance amending the Fort Worth Building Code, Fort Worth Residential Code, Fort Worth Mechanical Code, Fort Worth Plumbing Code, Fort Worth Electrical Code, Fort Worth Sign Code, by amending fees charged; 00` adopt an Ordinance amending the Fort Worth Building Code, Fort Worth Residential Code, Fort CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 16 of 26 Worth Mechanical Code, Fort Worth Plumbing Code, Fort Worth Electrical Code, Fort Worth Sign Code, by providing for contractor registration and related fees; adopt an Ordinance amending Chapter 2, "Administration" of the Code of the City of Fort Worth (1986), as amended, by amending Article XII "Fee Schedules ", Section 2 -321 "Zoning and Platting Application Fees" to revise the fees for certain services related to zoning and platting application fees; adopt an Ordinance amending the Fort Worth Building Code, by adding provisions allowing for staff administration of certain encroachments and amending fees charged. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17689 be approved and Ordinance Nos. 20425 -09 -2012, 20426 -09 -2012, 20427 -09 -2012, and 20428 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. M &C G17690 - Authorize Execution of a Full and Final Settlement Agreement in Cause No. 153- 237052 -09, Dallas /Fort Worth International Airport Board, et al. v. Chesapeake Exploration, L.L.C. and Adopt a Resolution AuthorizinE an Amendment to the Mineral Lease Between Dallas /Fort Worth International Airport Board, City of Fort Worth, City of Dallas and Chesapeake Exploration, L.L.C. (ALL COUNCIL DISTRICTS) ., It was recommended that the City Council authorize execution of a full and final Settlement Agreement in Cause No. 153- 237052 -09, Dallas /Fort Worth International Airport Board, et al. v. Chesapeake Exploration, L.L.C.; and adopt a Resolution authorizing the execution of an amendment to the Mineral Lease for property located at Dallas /Fort Worth International Airport. 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: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G -17690 be approved and Resolution No. 4135 -09 -2012 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Mayor Price absent. 3. M &C G-17691 - Authorize Acceptance of a Monetary Donation from XTO Enerpy Inc., in the Amount of $4,220.00 for the Purchase of Minor Equipment for Fire Safety Education and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of a monetary donation in the amount of $4,220.00 from XTO Energy, Inc.; authorize the purchase of minor equipment for Fire Safety Education in accordance with City regulations and state laws; and adopt an -ON CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 17 of 26 Appropriation Ordinance increasing the estimated receipts and appropriations in the Special Trust Fund, from available funds, for the purpose of purchasing the equipment. Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17691 be approved and Appropriation Ordinance No. 20429 -09 -2012 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Mayor Price absent. 4. M &C G -17692 - Adopt Ordinances Appropriating Impact Fee Revenues in the Amount of $6,623,000.00 in the Water Capital Proiects Fund and in the Amount of $4,016,663.00 in the Sewer Capital Proiects Fund and Authorize the Transfer in the Total Amount of $10,639,663.00 to the Water and Sewer Fund for the Purpose of Paving Debt Associated with Impact Fee Eligible Projects. (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Appropriation Ordinance increasing the op", estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $6,623,000.00, from available funds from Impact Fees, for the purpose of transferring said funds to the Water and Sewer Fund for paying debt associated with impact fee eligible projects; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $4,016,663.00, from available funds from Impact Fees, for the purpose of transferring said funds to the Water and Sewer Fund for paying debt associated with impact fee eligible projects; and authorize the transfer of funds from the Water Capital Projects Fund and the Sewer Capital Projects Fund to the Water and Sewer Fund in the total amount of $10,639,663.00 for the purpose of paying debt associated with the projects. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17692 be approved and Appropriation Ordinance Nos. 20430 -09 -2012 and 20431 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 5. M &C G -17693 - Authorize Acceptance of a Donation from Mr. Robert Williams of a Longhorn Sculpture Valued in the Amount of $48,000.00 for Buck Sansom Park, Authorize Acceptance of a Monetary Donation from Mr. Robert Williams in the Amount of $8,260.00 for Installation of the Longhorn Sculpture in Buck Sansom Park and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 18 of 26 It was recommended that the City Council authorize the acceptance of a donation from Mr. Robert Williams of a longhorn sculpture valued in the amount of $48,000.00 for Buck Sansom Park; authorize the acceptance of a monetary donation from Mr. Robert Williams in the amount of $8,260.00 for installation of the longhorn sculpture in Buck Sansom Park; and adopt a Supplemental Appropriation Ordinance increasing the estimated receipts and appropriations in the General Fund in the amount of $8,260.00, subject to receipt of the donation for the purpose of funding the installation of the sculpture. (Council Member Allen Gray left her place at the dais.) Ms. Kiley Sawchak (representing Mr. Robert Williams) 4300 Diplomacy Road, appeared before Council in support of Mayor and Council Communication No. G- 17693. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17693 be approved, with deep appreciation to Mr. Robert Williams and Supplemental Appropriation Ordinance No. 20432 -09 -2012 be adopted. The motion carried unanimously 7 ayes to 0 nays with Mayor Price, and Council Member Allen Gray absent. Flo C. Purchase of Equipment, Materials, and Services „ON 1. M &C P -11433 - Authorize Execution of Professional Services Agreement with Crowe Horwath LLP, in the Amount Up to $1,300,000.00 for the Financial Management Services Department for Completion of the Fiscal Year 2012 Comprehensive Annual Financial Report. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of a professional services agreement with Crowe Horwath, LLP, in the amount up to $1,300,000.00 for the Financial Management Services Department for the purpose of completing the City's Fiscal Year 2012 Comprehensive Annual Financial Report. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. P -11433 be approved. The motion carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member Allen Gray absent. (Council Member Allen Gray returned to her place at the dais.) 2. M &C P -11434 - Authorize Purchase Agreement with CDW Government LLC, for Rugged Mobile Devices, Configuration, Installation, and Related Equipment and Services for the Information Technology Solutions Department in the Amount Up to $4,000,000.00. (ALL COUNCIL DISTRICTS) -, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 19 of 26 It was recommended that the City Council authorize a purchase agreement with CDW Government, LLC, for rugged mobile devices, configuration, installation, and related equipment and services for the Information Technology Solutions Department in the amount up to $4,000,000.00. Ms. Lena Ellis, Finance Director, Financial Management Services provided the following amendments to Mayor and Council Communication No. P- 11434: Third Paragraph in the Discussion Section: During Fiscal Year 2013, the majority of units purchased will be replacement units for the Police Department. Funding has included in the Fiscal Year 24 32012Crime Control and Prevention District budget Since the purchase was not concluded duri ng FY2012, this funding will be included in a roll -over appropriation for the equipment mounting and security services in the FY2013 budget. Fiscal Information/Certification: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated of the infefmatien Systems Capital Pioj tsfun Crime Control and Prevention District Fund Funds will be available in the FY2013 operating budget, as appropriated of the Crime Control and Prevention District General and Enterprise Funds. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P -11434 be approved as amended. The motion carried unanimously 8 ayes to 0 nay, with Mayor Price absent. 3. M &C P -11435 - Authorize Purchase Agreement with Texas Highway Products LTD, for Advanced Traffic Controllers for the Transportation and Public Works Department in the Amount Up to $1,459,917.00 for the First Year. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize purchase agreement with Texas Highway Products, LTD, for advanced traffic controllers for the Transportation and Public Works Department in the amount up to $1,459,917.00 for the first year. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. P -11435 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. M &C P -11436 - Authorize Purchase Agreement with Motorola Solutions, Inc., for Radio Parts, Equipment and Related Services Using a Cooperative Contract for the Information Technology Solutions Department in the Amount Up to #P111 $1,535,000.00. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 20 of 26 It was recommended that the City Council authorize a purchase agreement with Motorola Solutions, Inc., for radio parts, equipment and related services using the Houston - Galveston Area Council Contract No. RA05 -12 for the Information Technology Solutions Department in the amount up to $1,535,000.00 for the first year. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. P -11436 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. D. Land 1. M &C L -15443 - Authorize Execution of an Agreement Granting Texas Midstream Gas Services, L.L.C., a License to Construct and Operate an Eight - Inch Natural Gas Pipeline Across City -Owned Property Located at 9849 Watercress Drive for a One -Time License Fee in the Amount of $45,592.80. (COUNCIL DISTRICT 7) It was recommended that the City Council authorize execution of an agreement with Texas Midstream Gas Services, L.L.C., for a one (1) time license fee of $45,592.80 and granting a license to construct and operate an eight (8) inch natural gas pipeline across City -owned property located at 9849 Watercress Drive for a term of 20 years. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L -15443 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. E. Planning & Zoning 1. M &C PZ -2957 - Consider Institution of the Annexation and Adoption of Ordinance for the Owner - Initiated Annexation of Approximately 3.3 Acres of Land Located North of Avondale - Haslet Road and East of US 287, AX -11 -008, 2484 Avondale - Haslet Road.(COUNCIL DISTRICT 7) (Continued from a Previous Meeting) It was recommended that the City Council institute and adopt an Ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of approximately 3.3 acres tract of land located at 2484 Avondale - Haslet Road and situated in the G. S. Rall Survey, Abstract Number 1801, also known as Lot 22, Block 6 of the Haslet Heights Addition, situated about 15.3 miles north 18 degrees west of the Courthouse, Tarrant county, Texas (Case No. AX -11 -008) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 21 of 26 It was the consensus of the Council that Mayor and Council Communication No. PZ -2957 be continued until the October 16, 2012, Council meeting. F. Award of Contract 1. M &C C -25879 - Adopt Resolution Authorizing Execution of a Local Proiect Advanced Funding Agreement with the Texas Department of Transportation and a Funding Agreement with Walsh Ranches, L.P., in the Amount of $12,654,000.00 for Construction of the Walsh Ranch Parkway Interchange at Interstate Highway 30 at a Total Estimated Cost of $13,913,187.00. (COUNCIL DISTRICT 3) It was recommended that the City Council adopt a Resolution authorizing the execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $12,654,000.00 for Construction of the Walsh Ranch Parkway Interchange at Interstate Highway 30 at a total estimated cost of $13,913,187.00; and authorize the City Manager to execute a funding agreement with Walsh Ranches, L.P., for the purpose of reimbursement for costs in excess of the funding agreement with TxDOT. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, (r," that Mayor and Council Communication No. C -25879 be approved and Resolution No. 4136 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. M &C C -25880 - Adopt Resolution Authorizing the Execution of a Funding Agreement with the Texas Department of Transportation in the Amount of $17,940,200.00 for Participation in the Reconstruction of East Rosedale Street from West of Miller Avenue to Stalcup Road. (COUNCIL DISTRICT 5) It was recommended that the City Council adopt a Resolution authorizing the execution of a Local Product Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $17,940,200.00 for engineering, right -of -way, and construction of East Rosedale Street from west of Miller Avenue to Stalcup Road as four (4) lanes divided with raised medians, sidewalks, intersection and safety improvements and pedestrian amenities; and authorize pre - payment to TxDOT in the amount of $22,200.00 for the City's local match for engineering and right -of -way in accordance of the funding agreement. Council Member Moss stated that the citizens have been waiting a long time to get these improvements and added he hoped that the road would be completed soon. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25880 be approved and Resolution No. 4137 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 22 of 26 3. M &C C -25881 - Authorize Execution of an Interlocal Agreement with Tarrant County in the Amount of $7,994,000.00 for the County's Participation in the Reconstruction of East Rosedale Street from U.S. 287 to West of Miller Avenue and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County in the amount of $7,994,000.00 for the County's participation in the reconstruction of East Rosedale Street from U.S. 287 to west of Miller Avenue; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Street Improvements Fund, from available funds, for the purpose of participating in the reconstruction project. Motion: Council Member Allen Gray made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25881 be approved and Appropriation Ordinance No. 20433 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. ilki 4. M &C C -25882 - Adopt Resolution Authorizing the Execution of a Funding Agreement with the Texas Department of Transportation in the Amount of $5,000,000.00 for Design and Construction of East Rosedale Streetscape "\ Improvements from Interstate 35W to U.S. 287 and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 8) It was recommended that the City Council adopt Resolution authorizing the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $5,000,000.00 for design and construction of on- street parking, landscaping, bicycle and pedestrian improvements on East Rosedale Street from Interstate 35W to U.S. 287; authorize acceptance of Regional Toll Revenue Funds in the amount of $4,000,000.00 via TxDOT to be applied towards the project; authorize the transfer in the amount of $1,000,000.00 from the 2007 Critical Capital Projects Fund to the Grant Capital Projects Fund to be applied towards the City's match; and adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grant Capital Projects Fund, from available funds, for the improvements. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25882 be approved and Resolution No. 4138 -09 -2012 and Appropriation Ordinance No. 20434 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 5. M &C C -25883 - Authorize Execution of a Contract with JLB Contracting, LLB in the Amount of $1,650,178.20 for Hot Mix Asphaltic Concrete Surface Overlay 201249 at Multiple Locations and Adopt Appropriation Ordinances. (COUNCIL DISTRICTS 3, 5 and 9) -01N r CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 23 of 26 It was recommended that the City Council authorize the transfer in the amount of $825,089.10 from the Water and Sewer Fund in the amounts of $412,544.55 to the Water Capital Projects Fund and $412,544.55 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of executing a contract for Hot Mix Asphaltic Concrete Surface Overlay 2012 -19 at multiple locations; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the same purpose reflected above; and authorize the execution of a contract with JLB Contracting, LLC, in the amount of $1,650,178.20 for the projects. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25883 be approved and Appropriation Ordinance Nos. 20435 -09 -2012 and 20436 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 6. M &C C -25884 - Ratify Contract with Mario Sinacola & Sons Excavation, Inc., City Secretary No. 42443 in the Amount of $129,246.22 for the Remediation of Potential Health and Safety Hazards Caused by Improper Dumping Associated with the 2004 Capital Improvement Program Proiect Robin - Denver Storm Drain Reconstruction. (COUNCIL DISTRICT 2) It was recommended that the City Council ratify the contract entered into with Mario Sinacola & Sons Excavation, Inc., in the amount of $129,246.22 for the remediation of potential hazards caused by improper dumping situation which, if left unabated, would have affected the health, safety and welfare of Fort Worth citizens and which is associated with the 2004 Capital Improvement Program Project Robin - Denver Storm Drain Reconstruction. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -25884 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 7. M &C C -25885 - Authorize Extension and Amendment to Citv Secretary Contract No. 36003, as Previously Amended, with the Fort Worth Convention and Visitors Bureau to Extend the Term Until September 30, 2013 and Amend Allocation of Funds for a Total Amount of $8,419,921.00 for Fiscal Year 2013. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the extension and amendment to City Secretary Contract No. 36003, as previously amended, with the Fort Worth Convention and Visitors Bureau to extend the term until September 30, 2013, and amend the allocation of funds for a total amount of $8,419,921.00 for Fiscal Year 2013. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 24 of 26 ,, Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -25885 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 8. M &C C -25886 - Authorize Execution of After - School Program Agreements with Fort Worth Independent School District, Keller Independent School District, Crowley Independent School District and White Settlement Independent School District in the Total Program Amount of $1,600,000.00 for Fiscal Year 2013. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of After - School Program Agreements in the total program amount of $1,600,000.00 for Fiscal Year 2013 with Fort Worth Independent School District, Crowley Independent School District, Keller Independent School District and White Settlement Independent School District to operate an After - School Program at select schools within the City of Fort Worth as a juvenile crime prevention initiative during Fiscal Year 2013. Council Members Jordan and Moss advised they 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 Espino, that Mayor and Council Communication No. C -25886 be approved. The motion ."N carried 6 ayes to 0 nays, with 2 abstentions by Council Members Moss and Jordan and Mayor Price absent. 9. M &C C -25887 - Authorize Execution of a Contract in the Amount of $16,268,000.00 with Pepper- Lawson Construction, LP, for the Village Creek Water Reclamation Facility Deep Filters 1 -20 Modifications. (COUNCIL DISTRICT 5) It was recommended that the City Council authorize the execution of a contract with Pepper - Lawson Construction, LP, for the Village Creek Water Reclamation Facility Deep Filters 1 -20 Modifications, in the amount of $16,268,000.00. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25887 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 10. M &C C -25888 - Authorize Acceptance of a Texas Parks and Wildlife Urban Outdoor Recreation Grant in the Amount of $1,000,000.00, Authorize Use of the Value of a Portion of Northwest Community Park in the Amount of $1,000,000.00 as the Local, In -Kind Match for the Grant, Authorize Execution of an Engineering Agreement with Gary Paul Kutilek d /b /a The Landscape Alliance for the Design and Engineering of Park Improvements for Northwest Community Park in the Amount of $188,790.00 and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 7) '1 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 25 of 26 It was recommended that the City Council authorize the acceptance, by appropriation, in the amount of $1,000,000.00 in State funds from the Texas Parks and Wildlife Department Local Grant Program; authorize the use of the value of a portion of Northwest Community Park estimated in March of 2011, in the amount of $1,000,000.00 as the local, in -kind match for this grant; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grants Fund in the amount of $2,000,000.00, which includes the amount of $1,000,000.00 of Texas Parks and Wildlife Department Local Grant Program Funds and $1,000,000.00 in land credits for the City's in -kind local match for the Texas Parks and Wildlife Urban Outdoor Recreation Grant, upon receipt of the grant, for the purpose of developing Northwest Community Park; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Park Dedication Fees Fund in the amount of $83,790.00, from available funds, for the purpose of the design and engineering of park improvements for Northwest Community Park; and authorize the execution of an engineering agreement with Gary Paul Kutilek d/b /a The Landscape Alliance in the amount of $188,790.00 for the park improvements. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25888 be approved and Appropriation Ordinance Nos. 20437 -09 -201 and 20438 -09 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XV. ZONING HEARING Mayor Pro tern Zimmerman opened the public hearing. 1. ZC -11 -043 - (CD 7) - M & H Food Mart, 2484 Avondale - Haslet Road; from: Unzoned to: "E" Neiphborhood Commercial. (Recommended for Approval by the Zoninp, Commission) (Continued from a Previous Meetinji) The City Council at its Regular Meeting on August 21, 2012, continued Zoning Docket No. ZC -11 -043 . Council Member Shingleton stated that this was the companion zoning case to PZ -2957 which had been continued to the October 16, 2012, Council meeting. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, to close the public hearing and that Zoning Docket No. ZC -11 -043 be continued until the October 16, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XVI. CITIZEN PRESENTATIONS Mr. Caleb Fritz, 8325 Whippoorwill Drive, completed a speaker card relative to opposition to the FY 2012 -2013 Budget and was recognized by Mayor Pro tem Zimmerman, but was not present OP61 in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2012 Page 26 of 26 Ms. Cara Flores, 14049 Rodeo Drive, appeared before Council relative to safety services in north Fort Worth. Council Members Shingleton and Espino expressed appreciation to Ms. Flores for expressing her concerns. They advised that the City was in the process of developing a plan to provide more City services in the far north Fort Worth area. XVII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVIII. ADJOURNMENT There being no further business, Mayor Pro tem adjourned the Regular Meeting at 10:44 a.m. These minutes approved by the Fort Worth City Council on the 2 °d day of October, 2012. Attest: Approved: al� 'IwAt 5A It" W.B. "V 'Zimmerman Zimmerman Mayor Pro tern