Loading...
HomeMy WebLinkAbout2012/11/06-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Present: Mayor Betsy Price Mayor Pro tern W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary Mayor Price expressed appreciation to Dr. Ian Yeung, Choir Director, and the Singing Girls of Texas from the Fort Worth Academy of Fine Arts for their joyous musical selection. I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:13 a.m., on Tuesday, November 6, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. INVOCATION - Pastor Jim Turner, Metropolitan Baptist Church The invocation was provided by Pastor Jim Turner, Metropolitan Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MEETING OF OCTOBER 23, 2012 Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that the Minutes of the Regular Meeting of October 23, 2012 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 2 of 20 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication Nos. C -25948 and C -25955 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication Nos. L -15464 and C -25948 be withdrawn from consideration. VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the Consent Agenda be adopted as amended. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M &C G -17714 - Authorize Change of Use and Expenditure of an Additional Amount of $600,000.00 of Community Development Block Grant Funds for the Hardy Street Single Family Infill Development Located at 3601 and 3617 Hardy Street and Authorize Substantial Amendment to the City of Fort Worth's 2010- 2011 Action Plan. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize a substantial amendment to the City of Fort Worth's 2010 -2011 Action Plan; authorize the substitution of funding years in order to meet commitment, disbursement and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development; and authorize the change in use and expenditure of an additional amount of $600,000.00 of Community Development Block Grant funds for the Hardy Street Single Family Infill Development located at 3601 and 3617 Hardy Street in order to complete the required infrastructure improvements. 2. M &C G -17715 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of RHP Property GT, LP d /b /a Gaylord Texan Resort and Convention Center, to Operate Thirteen Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: The public necessity and convenience require the operation of 13 limousines upon the City streets, alleys and thoroughfares; RHP CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 3 of 20 Property GT, LP, d/b /a Gaylord Texan Resort and Convention Center, is qualified and financially able to conduct a limousine service within the City; RHP Property GT, LP, d/b /a Gaylord Texan Resort and Convention Center, has complied with the requirements of Chapter 34 of the City Code; RHP Property GT, LP, d/b /a Gaylord Texan Resort and Convention Center, presented facts in support of compelling demand and necessity for 13 limousines; the general welfare of the citizens of the City will best be served by the addition of 13 limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20475 -11 -2012 granting the privilege of operating authority to RHP Property GT, LP, d/b /a Gaylord Texan Resort for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of 13 limousines for a one (1) year period beginning on the effective date; providing for written acceptance by RHP Property GT, LP, d/b /a Gaylord Texan Resort and Convention Center; subject to and conditioned on RHP Property GT, LP, d/b /a Gaylord Texan Resort and Convention Center, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 3. M &C G -17716 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Hogue & Mumith, Inc. d/b /a ALT Worldwide Chauffeured Services, to Operate Twenty Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: The public necessity and convenience require the operation of 20 limousines upon the City streets, alleys and thoroughfares; Hoque & Mumith, Inc., d/b /a ALT Worldwide Chauffeured Services, is qualified and financially able to conduct a limousine service within the City; Hoque & Mumith, Inc., d/b /a ALT Worldwide Chauffeured Services, has complied with the requirements of Chapter 34 of the City Code; Hoque & Mumith, Inc., d/b /a ALT Worldwide Chauffeured Services, presented facts in support of compelling demand and necessity for 20 limousines; the general welfare of the citizens of the City will best be served by the addition of 20 limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20476 -11 -2012 granting the privilege of operating authority to Hoque & Mumith, Inc., d/b /a ALT Worldwide Chauffeured Services for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of 20 limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Hoque & Mumith, Inc., d/b /a ALT Worldwide Chauffeured Services, subject to and conditioned on Hoque & Mumith, Inc., d/b /a ALT Worldwide Chauffeured Services, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 4. M &C G -17717 - Authorize Reappointment of Mark Weibel as the Primary Hearing Officer with the Authoritv to Administer Oaths and Issue Orders Compelling the Attendance of Witnesses and Production of Documents to Conduct Administrative Hearings Pursuant to the Automated Red Light Enforcement Ordinance No. 17677. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 4 of 20 The City Council approved the following recommendation: Authorize the reappointment of Mark Weibel as a hearing officer with the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents to conduct administrative hearings pursuant to the automated red light enforcement Ordinance No. 17677. 5. M &C G-17718 - Approve Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $12,970.08 for Police Officer Phillip Laux. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a three (3) month extension of injury leave -of- absence pay benefits in the amount of $12,970.08 for Police Officer Phillip Laux beginning November 9, 2012, and extending through February 8, 2013. 6. M &C G-17719 - Authorize Acceptance in the Amount of $134,994.00 from the Tarrant County 9 -1 -1 District for the Public Safety Answering Points Assistance Program Reimbursement for Fiscal Year 2012 and Adopt Supplemental Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance in the amount of $134,994.00 from the Tarrant County 9 -1 -1 District for the Public Safety Answering Points Assistance Program reimbursement for Fiscal Year 2012; and adopt Supplemental Ordinance No. 20477 -11 -2012 increasing the estimated receipts and appropriations in the General Fund, subject to receipt of funds from Tarrant County 9 -1 -1 District. 7. M &C G-17720 - Authorize Acceptance of a Monetary Donation from the Turning Point Metroplex Fellowship in the Amount of $6,005.00 to Cover the Cost of Fifty Mounting Kits for Axon Flex On- Officer Camera Systems and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of a monetary donation from the Turning Point Metroplex Fellowship in the amount of $6,005.00 to cover the cost of 50 mounting kits for Axon Flex On- Officer Camera Systems; and adopt Appropriation Ordinance No. 20478 -11 -2012 increasing the estimated receipts and appropriations in the Special Trust Fund, subject to receipt of a donation. 8. M &C G-17721 - Authorize Six Month Extension of Injury Leave of Absence Pay Benefits in the Amount of $54,827.38 for Firefighter Stacy Clark. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 5 of 20 The City Council approved the following recommendation: Authorize a six (6) month extension of injury leave of absence pay benefits in the amount of $54,827.38 for Firefighter Stacy Clark, retroactively, beginning October 4, 2012, through April 4, 2013. 9. M &C G-17722 - Authorize Acceptance of an Anonymous Donation in the Amount of $2,000.00 for the Fire Department's 2012 Banquet to Recognize Members of the Fire Department for Their Outstanding Contributions, Authorize Transfer in the Amount of $2,000.00 from the Special Gifts Fund to the General Fund and Adopt Appropriation Ordinances. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of a monetary donation in the amount of $2,000.00 from an anonymous donor for the Fire Department's 2012 Banquet to recognize members of the Fire Department for their outstanding contributions; adopt Appropriation Ordinance No. 20479 -11 -2012 increasing the estimated receipts and appropriations in the Special Gifts Fund subject to receipt of a monetary donation, for the purpose of transferring said funds to the General Fund for the Fire Department's 2012 Banquet; authorize the transfer in the amount of $2,000.00 from the Special Gifts Fund to the General Fund; and Appropriation Ordinance No. 20480-11-2012 increasing the estimated receipts and appropriations in the General Fund, from available funds, subject to receipt of the anonymous donation, for the purpose of the Fire Department's 2012 Banquet. 10. M &C G -17723 - Ratify Donation of Various Fire Department Assets to the Texas Forest Service. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the donation of various Fire Department assets to the Texas Forest Service. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11451 - Authorize Purchase Agreement with the Fort Worth Star - Telegram for the Publication of Official City Notices in the Amount of $168,000.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with the Fort Worth Star - Telegram for the publication of official City notices in the amount of $168,000.00 for one (1) year; and recognize the Fort Worth Star - Telegram as the City of Fort Worth's official newspaper. 2. M &C P -11452 - Authorize Purchase of a Police Rapid Deployment Vehicle from The Armored Group, LLC, Using a Cooperative Contract for the Police Department in the Amount of $61,343.00. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 6 of 20 The City Council approved the following recommendation: Authorize the purchase of a police rapid deployment vehicle from The Armored Group, LLC, using General Services Administration Cooperative contract number GS- 30F -0020W for the Police Department in the amount of $61,343.00. C. Land - Consent Items 1. M &C L -15460 - Authorize Amendment of the Lease Agreement with Monroe Street Professional Building, Limited, for an Annual Rent Amount of $66,845.00, Plus Operating Expenses, Increasing the Square Footage of Leased Office Space from 2,440 Square Feet to 4,610 Square Feet of Office Space at 900 Monroe Street to House Portions of the Transportation and Public Works Department. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an amendment of the lease agreement with Monroe Street Professional Building, Limited, for office space at 900 Monroe Street, located on the third floor, leased for the Transportation and Public Works Department increasing the square footage of the lease by 2,170 square feet, from 2,440 square feet to 4,610 square feet at the same lease rate of $14.50 per square foot, not to exceed the amount of $66,845.00 annually, plus operating expenses. 2. M &C L -15461 - Authorize Acauisition of a Fee Simple Interest in 0.1434 Acres of Land in Vacant Lots for the East Como Channel Improvements Project Located at 5117 Farnsworth Avenue from Hugh Stafford in the Amount of $9,375.00 and Payment of the Estimated Closing Costs in the Amount of $2,000.00 for a Total Cost in the Amount of $11,375.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1434 acre of land in vacant lots located at 5117 Farnsworth Avenue, Fort Worth, Texas, described as Lots 17 and 18, Block 123, Chamberlain Arlington Heights, 2nd Addition, from Hugh Stafford; find that the total purchase price in the amount of $9,375.00 is just compensation; and authorize acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount of $2,000.00. 3. M &C L -15462 - Authorize Acquisition of a Fee Simple Interest in 1.612 Acres of Land for Right -of -Way and an Easement Interest in 0.486 Acres for a Temporary Construction Easement for the Summer Creek Drive Improvements Project Located Along Summer Creek Drive from Summer Creek Boulevard to West Risinger Road from Lewisville 7 Partners, Ltd., Grant Transportation Impact Fee Credit to the Developer in the Amount of $72,324.54 and Pay Estimated Closing Costs in the Amount of $4,000.00. (COUNCIL DISTRICT 6) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 7 of 20 The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 1.612 acres of land for right -of -way and an easement interest in 0.486 acre for a temporary construction easement, described as Abstract No. 4, Tract 5D, Juan Jose Albirado Survey, for the Summer Creek Drive improvements project located along Summer Creek Drive from Summer Creek Boulevard to West Risinger Road from Lewisville 7 Partners, Ltd., and grant transportation impact fee credit to the developer in the amount of $72,324.54; and authorize the City Manager or his designee to accept the conveyance, record the appropriate instruments and pay the estimated closing costs in the amount of $4,000.00. 4. M &C L -15463 - Authorize Acquisition of a Fee Simple Interest in 1.020 Acres of Land for the Greenfield Acres Drainage Improvements Proiect Located at 6104 South Ridge Road from Profile Equities, LLC, in the Amount of $30,200.00 and Payment of Estimated Closing Costs in the Amount of $2,000.00 for a Total Cost of $32,200.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 1.020 acres of land for a vacant lot located at 6104 South Ridge Road, Fort Worth, Texas, described as Lot 22, Block 8, Greenfield Acres Addition, from Profile Equities, LLC; find that the total purchase price in the amount of $30,200.00 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 of $2,000.00. D. Planning & Zoning - Consent Items 1. M &C PZ -3000 - Adopt Ordinance Vacating a Portion of East Peach Street Between Harding Street and Samuels Avenue. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Ordinance No. 20481 -11- 2012 vacating and extinguishing a portion of East Peach Street, located in the Trinity Bluff Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, between Samuels Avenue and BNSF Railway right of way, containing approximately 0.466 acre of land providing for reversion of fee in said land; providing that the City shall retain all existing utilities easements; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). E. Award of Contract - Consent Items 1. M &C C -25946 - Authorize Execution of Amendment No. 4 to City Secretary Contract No. 37619, an Engineering Services Agreement with Dunaway Associates L.P., in the Amount of $64,281.00 for Design Revisions to the 2007 Critical Capital Proiect District 2 Design Contracts; Thereby, Establishing a Revised Total Contract in the Amount of $1,170,703.00. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 8 of 20 The City Council approved the following recommendation: Authorize the execution of Amendment No. 4 to City Secretary Contract No. 37619, with Dunaway Associates, L.P., for additional engineering services in the amount of $64,281.00 to the 2007 Critical Capital Project District 2 Design Contracts establishing a revised total contract in the amount of $1,170,703.00. 2. M &C C -25947 - Authorize Execution of an Agreement with the Fort Worth and Western Railroad Company for Railroad Signal Improvements at the Railroad Crossing Located at Granbury Cut -Off in the Amount of $196,202.86. (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of an agreement with the Fort Worth and Western Railroad signal improvements at the railroad crossing located at Granbury Cut -Off in the amount of $196,202.86. 4. M &C C -25949 - Authorize Execution of an Engineering Services Agreement with Duna_ way Associates, L.P., in the Amount of $515,633.00 for the Design of Randol Mill Road from East Loop 820 to Precinct Line Road Utilizing Funds from the 2.008 Bond Program to Provide for Design Services, City Project Management and Design Review for a Project Total in the Amount of $608,633.00. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of an engineering services agreement with Dunaway Associates, L.P., in the amount of $515,633.00 for the design of Randol Mill Road, from East Loop 820 to Precinct Line Road utilizing funds from the 2008 Bond Program to provide for design services, City project management and design review for a project total in the amount of $608,633.00. 5. M &C C -25950 - Authorize Execution of a Storm Water Facility Maintenance Agreement with Hunter Crossroads, L.P., on Property Located at Avondale Haslet Road, M.E.P. & P.R.R. Company Survey, Abstract No. 1131. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of a storm water facility maintenance agreement with Hunter Crossroads, L.P., for property located at Avondale Haslet Road, M.E.P. & P.R.R. Company Survey, Abstract No. 1131, at no expense to the City. 6. M &C C -25951 - Authorize Execution of an Agreement Between the Texas Department of Transportation and the City of Fort Worth for Installation, Operation and Maintenance of Traffic Signals Located on State Rights -of -Way Within the Fort Worth City Limits at an Annual Cost to the State in the Amount of $198,012.00. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 9 of 20 The City Council approved the following recommendation: Authorize the execution of an agreement between the Texas Department of Transportation and the City of Fort Worth for the installation, operation, and maintenance of traffic signals located on State rights -of -way within the Fort Worth City limits at an annual cost to the State in the amount of $198,012.00. 7. _M &C C -25952 - Ratify Application for and Authorize Acceptance of, if Awarded, the Fiscal Year 2013 Coverdell Forensic Sciences Improvement Grant in the Amount of $18,800.00 from the State of Texas, Office of the Governor, Criminal Justice Division, Authorize Execution of Related Agreement and Adopt Resolution and Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the application for and authorize the acceptance of, if awarded, the Fiscal Year 2013 Coverdell Forensic Sciences Improvement Grant from the State of Texas, Office of the Governor, Criminal Justice Division (CJD) in the amount of $18,800.00; authorize the execution of a contract with the State of Texas, CJD for the Grant; adopt Resolution No. 4141 -11 -2012 authorizing the application for and acceptance of grant funds from the State of Texas, CJD, for the State Coverdell Forensic Sciences Improvement Grant and to make assurances required by the State of Texas CJD; and adopt Appropriation Ordinance No. 20482 -I1 -2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of purchasing retention locking software and 14 computer monitors. 8. M &C C -25953 - Authorize Execution of Chance Order No. 1 to City Secretary Contract No. 43538 with Sunoco Pipeline L.P., in the Amount of $572,020.00 for Construction and Relocation of its Pipeline as Part of the Runway Extension Proiect at Fort Worth Alliance Airport for a Revised Total Cost in the Amount of $1,073,120.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize execution of Change Order No. 1 to City Secretary Contract No. 43538 with Sunoco Pipeline, L.P., in the amount of $572,020.00 to construct and relocate its pipeline as part of the Runway Extension Project at Fort Worth Alliance Airport for a revised total cost in the amount of $1,073,120.00. 9. M &C C -25954 - Authorize Execution of Chanp-e Order No. 1 to City Secretary Contract No. 43542 with Owest Communications Company, LLC d/b /a CenturyLink OCC, in the Amount of $159,069.00 for Relocation of Gas Pipelines Along John Day and Keller Haslet Roads as Part of the Runway Extension Proiect at Fort Worth Alliance Airport for a Revised Total Cost of $1,433,913.51. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize execution of Change Order No. 1 to City Secretary Contract No. 43542 with Qwest Communications Company, LLC, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 10 of 20 d/b /a CenturyLink QCC, in the amount of $159,069.00 for relocation of gas pipelines along John Day and Keller Haslet Roads as part of the Runway Extension Project at Fort Worth Alliance Airport for a revised total cost of $1,433,913.51. 11. M &C C -25956 - Authorize Execution of a Contract with S.J. Louis Construction of Texas, Ltd., in the Amount of $935,039.00 for West Seventh Street Bridge Water and Sanitary Sewer Improvements on Fournier Street from West Seventh Street to West Tenth Street and at the Intersection of River Drive and West Seventh Street in Trinitv Park and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the transfer of $1,023,089.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $609,399.00 and to the Sewer Capital Projects Fund in the amount of $413,690.00; adopt Appropriation Ordinance No. 20483 -11 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of West Seventh Street Bridge water and sanitary sewer improvements on Fournier Street and from River Drive to West Seventh Street; and adopt Appropriation Ordinance No. 20484 -11 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of West Seventh Street Bridge water and sanitary sewer improvements; and authorize the execution of a contract with S.J. Louis Construction of Texas, Ltd., in the amount of $935,039.00 for the improvements. 12. M &C C -25957 - Authorize Acceptance of Funds and Execution of Agreement with Tarrant County in the Amount Up to $30,000.00 for Fiscal Year 2013 for the Operation of Two Community Action Partners Centers, Authorize Execution of Lease Agreement for One Center and Adopt Appropriation Ordinance. (NO COUNCIL DISTRICT) The City Council approved the following recommendation: Authorize the acceptance of funds and execution of an agreement with Tarrant County for Fiscal Year 2013 in the amount up to $30,000.00 for the operation of two (2) Community Action Partners (CAP) Centers; authorize the execution of a lease agreement with Mary Hartman for the Far Northwest CAP Center in the amount not to exceed $10,534.68 per year; and adopt Appropriation Ordinance No. 20485 -11- 2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the funds, for the purpose of operating two (2) CAP Centers. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1868 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 11 of 20 E. Award of Contract - Consent Items — Removed from Consent Agenda 3. M &C C -25948 - Authorize Execution of Amendment No. 1 to City Secretary _Contract No. 42956, for an Engineering Agreement with A.N.A. Consultants, L.L.C., in the Amount of $61,758.00 for the Design of Parker - Henderson Road from US 287 to David Strickland Road for a Revised Total Contract in the Amount of $530,013.00. (COUNCIL DISTRICT 5) It was the consensus of the City Council that Mayor and Council Communication No. C -25948 be withdrawn from consideration. 10. M &C C -25955 - Authorize Reiection of All Bids Received for the Security Improvements Proiect at the Fort Worth Alliance Airport and Authorize Re- Advertisement. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the City Manager to reject all bids received for the Security Improvements Project at the Fort Worth Alliance Airport and authorize re- advertisement. Mr. Tom Stockslager, 1100 Lockhart Drive, Plano, Texas 75023, appeared before Council in opposition to Mayor and Council Communication No. C- 25955. Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -25955 be approved. The motion carried 8 ayes to 1 nay, with Council Member Allen Gray casting the dissenting vote. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Fort Worth Fire Department Community Hero Award and MedStar LifeSaver Award Chief Rudy Jackson, Fire Department, and Mr. Matt Zavadsky, Public Affairs Director, Medstar presented the Fort Worth Fire Department Community Hero Award and MedStar LifeSaver Award to Mr. Jason Torres, Mr. Joe Towne, and Mr. Hector Ramos, City Center Security Employees. Chief Jackson advised that Jason Torres, Joe Towne, and Hector Ramos took necessary actions by activating the 911 system, utilizing an automatic external defibrillator (AED), and performing CPR, thereby giving another a chance at life. He stated on September 14, 2012, Security Manager John Steria went into cardiac arrest and collapsed on the finish line of Fort Worth's CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 12 of 20 Farrington Field track after completing a 400 meter run during a group training assessment test. He further stated that Mr. Torres, Mr. Towne, and Mr. Ramos quickly began lifesaving procedures and requested that a witness call 911. The employees continued the life saving procedures until the Fire Department and MedStar arrived on scene to take over patient care. Mr. John Steria, along with his wife and children were in attendance at the meeting and expressed appreciation to the men for saving his life. Mr. Torres, Mr. Towne, and Mr. Ramos all expressed appreciation for the recognition and reiterated the importance of knowing how to perform CPR and use an AED. 2. Presentation of the Salvation Army Red Kettle Campaign Mr. Stephen Hood, Executive Director, The Salvation Army, presented information regarding the kick off of their annual Red Kettle Campaign in Fort Worth. Mayor Price put on the red Salvation Army apron and rang the bell which officially started the season of giving in Fort Worth. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Shingleton announced that the Fort Worth Safe City Commission was hosting a program to help regulate the disposal of out of date and unwanted prescription and over the counter medication. He stated that individuals could drop off their medication at the Central, East or West Division Police Headquarters for proper safe disposal. Council Member Allen Gray welcomed Pangaea to District 8 and stated that it was a Tea Room and Community Garden. She also welcomed her son Ryland Gray and his classmates from the Trinity Academy Gifted and Talented program who were in attendance at the meeting. Council Member Burns announced that The T would hold a public meeting regarding Tex Rail on November 8, 2012, at 12:00 p.m., at the Intermodal Transportation Center. He also announced that a workshop related to migratory bird issues (Egrets) would be held at Christ Chapel Baptist Church on November 10, 2012, at 9:00 a.m. He stated that he attended the dedication ceremony of the John Hamilton Library at Paschal High School. He pointed out that Mr. Hamilton had been teaching at Paschal High School for 50 years. He advised that the dedication and ribbon cutting for the President John F. Kennedy Memorial would be held on November 8, 2012, at 9:00 a.m., at the Downtown Hilton. He also announced that workshops would be held on November 7, 2012, from 6:00 p.m. to 8:00 p.m., entitled Building Supportive Families, at the Botanic Garden, and on November 7, 2012, from 8:00 a.m. to 5:00 p.m., entitled the Family Acceptance Project geared toward social workers, at the Norris Conference Center. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 13 of 20 Council Member Moss announced that the Council toured the Village Creek Wastewater Treatment Plant and stated it was a very informative tour which highlighted the energy conservation techniques at the plant. Mayor Price congratulated the TCU Horned Frogs on their victory over West Virginia University and stated that the Mayor of Morgantown would be wearing a TCU shirt at their next Council meeting to honor the friendly bet since they lost the game. 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 Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Roberto Reyna be appointed to Place 5 on the Board of Adjustment - Commercial and to Place 5 on the Fort Worth Alliance Airport Board of Adjustment, effective November 6, 2012, with terms expiring on October 1, 2013. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Andrea Rogers -Henry be appointed to Place 8 on the Library Advisory Board, effective November 6, 2012, with a term expiring on October 1, 2014. The motion carried unanimously 9 ayes to 0 nays. X11. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL COMMITTEES 1. Report by the Community Development Council Mr. Jay Chapa, Director, Housing and Economic Development, introduced Mr. Patrick Main, Chair, Community Development Council. Mr. Main provided a brief summary of the mission and the activities over the past year, including the future goals, projects and challenges of the Community Development Council. 2. Report by the Parks and Community Services Advisory Board Mr. Richard Zavala, Director, Parks and Community Services Department introduced Ms. Sheila Hill, Chair, Parks and Community Services Advisory Board. Ms. Hill provided a brief summary CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 14 of 20 of the mission and the activities over the past year, including the future goals, projects and challenges of the Parks and Community Services Advisory Board. XIII. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General 1. 1\I &C G -17724 -Adopt Resolution Ratifying the City's Lawsuit Against the Employees' Retirement Fund and the Retention of Kelly, Hart, and Hallman L.L.P., as Outside Counsel to Represent the Citv in the Lawsuit, and Authorizing Payment of Counsel Fees in the Amount of $100,000.00. (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt a Resolution ratifying the lawsuit entitled City of Fort Worth v. Employees' Retirement Fund of the City of Fort Worth, Cause No. 342- 262392- 12, 342nd District Court, Tarrant County, Texas, and ratifying the employment of Kelly, Hart, and Hallman L.L.P., as outside legal counsel to represent the City in the lawsuit, and authorizing payment of counsel fees in the amount of $100,000.00. Council Member Jordan advised that the reason this item included a resolution was because of the critically important issue regarding fiscal responsibility and the welfare of City employees. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17724 be approved and Resolution No. 4142 -11 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M &C G -17725 - Adopt Ordinance Amending Article 11, Section 32 of the Citv Code to Change Hotel Occupancy Tax Submission from Quarterly to Monthly, Clarify the Language Concerning the Application of Penalties Due and Add Additional Penalties on Delinquencies Sent for Collection, as Authorized by State Statute. (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Ordinance amending various provisions of Chapter 32, Article II of the Fort Worth City Code, "Hotel Occupancy Tax ", to provide for monthly reporting and remittance of collected taxes, establish a delinquency date, and provide for penalties and interest, as authorized by State Statute. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17725 be approved and Ordinance No. 20486 -11 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 15 of 20 3. M &C G -17726 - Waive City of Fort Worth's Development and Construction Fees in an Estimated Amount of $2,500.00 for a Proposed Eve Clinic for Low - Income Citizens at First Christian Church Located at 612 Throckmorton Street. (ALL COUNCIL DISTRICTS) It was recommended that the City Council waive the City of Fort Worth's standard development and construction fees in an estimated amount of $2,500.00 associated with the development of an eye clinic for low - income citizens to be housed in the First Christian Church located at 612 Throckmorton Street in downtown Fort Worth. Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. G -17726 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M &C G-17727 - Conduct Public Hearing, Adopt Resolution Redesi2nating the Evans and Rosedale Area as a Neighborhood Empowerment Zone and Adopt Ordinance to Redesignate the Evans and Rosedale Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 4. (COUNCIL DISTRICT 8) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing to redesignate the Evans and Rosedale area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 4; adopt a Resolution to redesignate the Evans and Rosedale area as a Neighborhood Empowerment Zone; and adopt an Ordinance renewing and re- designating the Evans and Rosedale area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 4 City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and containing other matters related to the zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. Mayor Price opened the public hearing. a. Report of City Staff Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 16 of 20 Motion: Council Member Allen Gray made a motion, seconded by Council Member Espino, that the public hearing be closed and that Mayor and Council Communication No. G -17727 be approved and that Resolution No. 4143 -11 -2012 and Ordinance No. 20487 -11 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M &C G -17728 - Conduct Public Hearing, Adopt Resolution Redesignating the Polytechnic /Wesleyan Area as a Neighborhood Empowerment Zone and Adopt Ordinance to Redesignate the Polvtechnic /Wesleyan Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 6. (COUNCIL DISTRICTS 5 and 8) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing to redesignate the Polytechnic /Wesleyan area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 6; adopt a Resolution to redesignate the Polytechnic /Wesleyan area as a Neighborhood Empowerment Zone; and adopt an Ordinance renewing and re- designating the Polytechnic /Wesleyan area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 6 City of Fort Worth, Texas "; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and containing other matters related to the zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. Mayor Price opened the public hearing. a. Report of City Staff Ms. Sarah Odle, Administrative Assistant, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. G -17728 be approved and that Resolution No. 4144 -11 -2012 and Ordinance No. 20488 -11 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. C. Purchase of Equipment, Materials, and Services - None CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 17 of 20 D. Land 1. M &C L -15457 - Conduct Public Heariny, and Authorize Use of a Portion of Oakland Lake Park for the Purpose of Installiny, Storm Drainage Improvements. (COUNCIL DISTRICT 8) (Continued from a Previous Meeting) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to the use of Oakland Lake Park for the location of the proposed storm drainage improvements; find that the proposed storm drainage improvements include all reasonable planning to minimize harm to the parkland and will be constructed in Oakland Lake Park located at 1645 Lake Shore Drive, east of Lake Shore Drive, west of Ederville Road, south of Oakland Place and north of Barnett Street; and close the public hearing and authorize the use of approximately 0.20 acre of Oakland Lake Park for the installation of storm drainage improvements. Mayor Price opened the public hearing. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Ron and Marilyn Luckie, P.O. Box 8423, appeared before Council in opposition to Mayor and Council Communication No. L- 15457. (provided handout) Council Member Allen Gray expressed appreciation to Mr. and Mrs. Luckie for coming to the meeting and expressing their concerns. She stated that this was an important improvement for the area and would support moving forward with this item. C. Council Action Motion: Council Member Allen Gray made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. L -15457 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M &C L -15464 - Approve Execution of a Lease Agreement with Chesapeake Exploration, L.L.C., in the Amount of $17,014.34 for Natural Gas Drilling Under 6.805734 Mineral Acres of City -Owned Properties Known as Southside Pump Station Located at 1800 West Waggoman Street. (COUNCIL DISTRICT 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 18 of 20 It was the consensus of the City Council that Mayor and Council Communication No. L -15464 be withdrawn from consideration. 3. M &C L -15465 - Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.237 Acres of Vacant Land Located at 7500 Randol Mill Road Owned by JW Palo Pinto Partners, Ltd., Trilobite Holdings, Ltd. and 7500 Randol Mill L.P., for the Randol Mill Drainage Culvert Improvement Project. (COUNCIL DISTRICT 4) It was recommended that the City Council declare that negotiations between the City of Fort Worth and the landowner to acquire a fee simple interest in 0.237 acre of vacant land, owned by JW Palo Pinto Partners, Ltd., Trilobite Holdings, Ltd., and 7500 Randol Mill, L.P., known as the 7500 Block of Randol Mill Road, Abstract No. 423, of the Joseph C. Davis Survey, City of Fort Worth, Tarrant County, Texas, according to the deed recorded in Instrument No. D205283353, Deed Records, Tarrant County, Texas were unsuccessful because of the inability to reach an agreement on the purchase price; 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 Mayor Pro tern Zimmerman, that Mayor and Council Communication No. L -15465 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire from JW Palo Pinto Partners, Ltd., Trilobite Holdings, Ltd. and 7500 Randol Mill L.P., 0.237 acre of land for the Randol Mill Drainage Culvert Improvement Project from the tract of land known as Abstract No. 423, Joseph C. Davis, Tarrant County, Texas, also known as the 7500 Block of Randol Mill Road. The land rights will be used to construct new drainage culverts /roadway 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 Mayor and Council Communication No. L- 15465. The motion carried unanimously 9 ayes to 0 nays. E. Planning & Zoning - None F. Award of Contract I. M &C C -25926 - Authorize Execution of a Construction Contract with 2L Construction L.L.C., in the Amount of $267,996.83 for Trailhead and Trail Improvements at Trail Drivers Park. (COUNCIL DISTRICT 2) (Continued from a Previous Meeting) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 19 of 20 It was recommended that the City Council authorize the execution of a construction contract with 2L Construction, L.L.C., in the amount of $267,996.83 for Trailhead and Trail Improvements at Trail Drivers Park. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25926 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M &C C -25958 - Authorize Execution of an Economic Development Program Agreement with Flexpipe Systems, Inc., for Business Expansion Project at 1101 Everman Parkwav in Carter Industrial Park. (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the execution of an economic development program agreement with Flexpipe Systems, Inc., for a business expansion project that includes the renovation of an existing facility at 1101 Everman Parkway in Carter Industrial Park into a pipeline manufacturing facility in multiple phases. Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25958 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M &C C -25959 - Authorize Execution of an Agreement with the United Way of Tarrant County in the Amount of $2,154,020.00 to Implement Action Items from Directions Home, the City of Fort Worth's Homelessness Plan. (All COUNCIL DISTRICTS) It was recommended that the City Council authorize the City Manager or his designee to execute an agreement for a one (1) year term with the United Way of Tarrant County in the amount of $2,154,020.00 for the implementation of programs described as the City of Fort Worth's responsibility in Directions Home, the City of Fort Worth's Homelessness Plan; authorize the City Manager or his designee to extend or renew the agreement for up to one (1) year if the United Way of Tarrant County requests an extension and it is necessary for the completion of the program; and authorize the City Manager or his designee to amend the agreement, if necessary, to achieve program goals provided that the amendment is within the scope of the program and in compliance with City of Fort Worth policies and applicable laws and regulations. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25959 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2012 Page 20 of 20 XIV. CITIZEN PRESENTATIONS There were no citizen presentations. XV. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVI. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular Meeting at 11:15 a.m. These minutes approved by the Fort Worth City Council on the 12th day of November, 2012. Attest: 1 ayJ.Ka / City Secreta Approved: Betsy P Mayor