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HomeMy WebLinkAbout2012/12/18-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:08 a.m., on Tuesday, December 18, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. H. INVOCATION - T.J. Patterson, Elm Grove Missionary Baptist Church The Invocation was provided by Reverend T.J. Patterson, Elm Grove Missionary Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF DECEMBER 11, 2012 Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that the Minutes of the Regular Meeting of December 11, 2012, be approved. The motion carried unanimously 9 ayes to 0 nays. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 2 of 25 VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. PZ -3003 be withdrawn from consideration and replaced with Mayor and Council Communication No. PZ -3003 (Revised) and that Mayor and Council Communication Nos. L -15485 and C -26031 be continued until the January 8, 2013, Council meeting. VII. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M &C G -17768 - Authorize Payment for the City of Fort Worth's Fiscal Year 2013 Membership Dues to the North Central Texas Council of Governments in an Amount Not to Exceed $75,781.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize payment for the City's Fiscal Year 2013 membership to the North Central Texas Council of Governments in an amount not to exceed $75,781.00. 2. M &C G-17769 - Authorize Purchase of Excess Workers Compensation Insurance Policy for 2013 from Star Insurance Company Through McGriff, Seibels & Williams of Texas, Inc., in the Amount of $539,392.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of an Excess Workers Compensation Insurance Policy from Star Insurance Company through McGriff, Seibels & Williams of Texas, Inc., in the amount of $539,392.00. 3. M &C G -17770 - Authorize Acceptance of a Monetary Gift in the Street Light and Signal Improvements Funds in the Amount of $17,500.00 from the Fairmount Neighborhood Association for the Purchase and Installation of Ten Street Lights for the Fairmount Neighborhood and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the acceptance of a monetary gift in the amount of $17,500.00 from the Fairmount Neighborhood Association for the purchase and installation of 10 street lights; and adopt Appropriation Ordinance No. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 3 of 25 20541 -12 -2012 increasing the estimated receipts and appropriations in the Street Light and Signal Improvements Funds from monetary donations from the Fairmount Neighborhood Association, for the purpose of purchase and installation of 10 street lights for the Fairmount Neighborhood. 4. M &C G -17771 - Adopt Ordinance Increasing the Number of Authorized Positions in the Classification of Police Captain in the Police Department by One Increasing the Number of Authorized Positions in the Classification of Sergeant by One and Decreasing the Number of Authorized Positions in the Classification of Officer by One, Thereby Increasing the Total Number of Authorized Civil Service Positions by One (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 20542 -12 -2012 adding one (1) position in the Police Captain classification; adding one (1) position in the Sergeant classification; removing one (1) position in the Officer classification; adjusting the total number of authorized sworn positions in the Police Department by one (1). 5. M &C G -17772 - Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Specially Funded Capital Projects Fund in the Amount of $40,000.00 for Park Improvements at Federal Plaza Park (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20543 -12 -2012 increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $40,000.00, from available funds, for the purpose of improvements at Federal Plaza Park. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11468 - Authorize Purchase Agreement with Coy Beauchamp Excavating Company for Dirt Work Services for the Public Events Department in the Amount Up to $185,000.00 for the First Year (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize a purchase agreement with Coy Beauchamp Excavating Company for dirt work services for the Public Events Department in the amount up to $185,000.00. 2. M &C P- 11469 - Authorize Purchase of a Backhoe Loader from Holt Texas, LTD d /b /a Holt Cat, in the Amount of $140,000.00 Using a Cooperative Contract for the Transportation and Public Works Department (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 4 of 25 The City Council approved the following recommendation: Authorize the purchase of a backhoe loader from Holt Texas, LTD, d/b /a Holt Cat, in the amount of $140,000.00 using the Texas Association of School Boards Cooperative Contract No. 345 -10 for the Transportation and Public Works Department. 3. M &C P -11470 - Confirmation of Procurement of Liquid Aluminum Sulfate from General Chemical Performance Products LLC, in the Amount of $56,179.86 for Use at the North and South Holly Water Treatment Plants (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Confirm the procurement of liquid aluminum sulfate from General Chemical Performance Products, LLC, in the amount of $56,179.86 for use at the North and South Holly Water Treatment Plants. C. Land - Consent Items 1. M &C L -15477 - Authorize Direct Sale of Tax - Foreclosed Property Located at 908 N. Sylvania to Richard D. Hogan, II in the Amount of $21,244.00, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the direct sale of a tax - foreclosed property located at 908 N. Sylvania, described as Abstract 1056, a/k/a Tract 23A, Atkin McClemore Survey, to Richard D. Hogan, II for the amount of $21,244.00, in accordance with Section 34.05 of the Texas Tax Code; and authorize the execution and recording of the appropriate instruments conveying the property to complete the sale. 2. M &C L -15478 - Authorize Acquisition of a Fee Simple Interest in 0.2950 Acres of Land in a Vacant Lot Located on Old Denton Road at the North East Corner of North Tarrant Parkway for the North Riverside Drive Improvements Project from Steven R. Caria in the Amount of $130,000.00 and Payment of Estimated Closing Costs Up to $5,000.00 for a Total Cost in the Amount of $135,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.2950 acre of land in a vacant lot located at Old Denton Road at the north east corner of North Tarrant Parkway, Fort Worth, Texas, described as Abstract No. 1611, Trail 2A02A, Charles C. Whyte Survey, for the North Riverside Drive Improvements Project, from Steven R. Caria; find that the total purchase price in the amount of $130,000.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $5,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 5 of 25 3. M &C L -15479 - Authorize Acquisition of a Fee Simple Interest in 0.3610 Acres of Land in a Vacant Lot Located at 8795 Old Denton Road for the North Riverside Drive Improvements Proiect from Ronald Elmore in the Amount of $118,500.00 and Payment of Estimated Closing Costs Up to $6,000.00 for a Total Cost in the Amount of $124,500.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.3610 acre of land in a vacant lot located at 8795 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1C01, William McCowens Survey, for the North Riverside Drive Improvements Project, from Ronald Elmore; find that the total purchase price in the amount of $118,500.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $6,000.00. 4. M &C L -15480 - Authorize Acquisition of a Fee Simple Interest in 0.1780 Acres of Land in an Improved Lot Located at 8615 Old Denton Road for the North Riverside Drive Improvements Proiect from Gene and Patricia Holloway in the Amount of $71,000.00 and Payment of Estimated Closing Costs Up to $5,000.00 for a Total Cost of $76,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1780 acre of land in an improved lot located at 8615 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1CO3, William McCowens Survey, for the North Riverside Drive Improvements Project, from Gene and Patricia Holloway; find that the total purchase price in the amount of $71,000.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $5,000.00. 5. M &C L -15481 - Authorize Acquisition of a Fee Simple Interest in 0.0700 Acres of Land in an Improved Lot Located at 8605 Old Denton Road for the North Riverside Drive Improvements Proiect from Holloway Company, Inc., in the Amount of $34,500.00 and Payment of Estimated Closing Costs Up to $3,000.00 for a Total Cost in the Amount of $37,500.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.0700 acre of land in an improved lot located at 8605 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1C0313, William McCowens Survey, for the North Riverside Drive Improvements Project, from Holloway Company, Inc.; find that the total purchase price in the amount of $34,500.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $3,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER I8, 2012 Page 6 of 25 6. M &C L -15482 - Authorize Acquisition of a Fee Simple Interest in 0.0940 Acres of Land in an Improved Lot Located at 8625 Old Denton Road for the North Riverside Drive Improvements Project from Lynton Holloway in the Amount of $68,826.00 and Payment of Estimated Closing Costs Up to $5,000.00 for a Total Cost in the Amount of $73,826.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.0940 acre of land in an improved lot located at 8625 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1C3A1, William McCowens Survey, for the North Riverside Drive Improvements Project, from Lynton Holloway; find that the total purchase price in the amount of $68,826.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $5,000.00. 7. M &C L -15483 - Authorize Acauisition of a Fee Simple Interest in 0.1600 Acres of Land in an Unimproved Lot Located at 8755 Old Denton Road for the North Riverside Drive Improvements Project from Lynton and Wendy Holloway in the Amount of $50,000.00 and Payment of Estimated Closing Costs Up to $4,000.00 for a Total Cost in the Amount of $54,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1600 acre of land in an unimproved lot located at 8755 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1 CO 1 B, William McCowens Survey, for the North Riverside Drive Improvements Project, from Lynton and Wendy Holloway; find that the total purchase price in the amount of $50,000.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $4,000.00. 8. M &C L -15484 - Authorize Acquisition of a Fee Simple Interest in 0.2880 Acres of Land in a Vacant Lot Located at 8795 Old Denton Road for the North Riverside Drive Improvements Project from Billy Jack Pemberton in the Amount of $88,500.00 and Payment of Estimated Closiny_ Costs Up to $5,000.00 for a Total Cost in the Amount of $93,500.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.2880 acre of land in vacant lot located at 8795 Old Denton Road, Fort Worth, Texas, described as Abstract No. 999, Trail 1 CO l A, William McCowens Survey, for the North Riverside Drive Improvements Project, from Billy Jack Pemberton; find that the total purchase price in the amount of $88,500.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs up to $5,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 7 of 25 D. Planning & Zoning - Consent Items 1. M &C PZ -3004 - Adopt Ordinance Vacating an Alley Between Rosedale Street and Oleander Street (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Ordinance No. 20544 -12 -2012 vacating and extinguishing a 12 foot alley rights -of -way located between Oleander Street and Rosedale Street situated in Block A, Wray's Subdivision of Block 18 of Fields -Welch Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, containing approximately 5,173 square feet or 0.1188 acre of land; providing for reversion of fee in said land; and the retainment of existing utility easements; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). Mr. JD Dudley, 1120 North Industrial Boulevard, submitted a comment card in support of Mayor and Council Communication No. PZ -3004. E. Award of Contract - Consent Items 1. M &C C -26012 - Authorize Execution of a Rooftop Site License Agreement and an Office Space License Agreement with Behringer Harvard Burnett Plaza LP, in the Amount of $100,000.00 Annually for the Lease of Space at Burnett Plaza Plus $35,000.00 Annually for Utility Costs and $320,000.00 for Implementation of a Public Safety Radio Site with Credits of $160,000.00 for the First Five Years (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a rooftop site license agreement and an office space license agreement with Behringer Harvard Burnett Plaza, LP, in the amount of $100,000.00 annually for the lease of space at Burnett Plaza plus $35,000.00 annually for utility costs and $320,000.00 for implementation of a public safety radio site with credits of $160,000.00 for the first five (5) years. 2. M &C C -26013 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 42232, a Professional Services Contract, with Kimley -Horn and Associates, Inc., in an Amount Up to $650,000.00 for a Total Contract Amount of $1,025,000.00 for Project Management Services for the Chisholm Trail Parkway Proiect (COUNCIL DISTRICTS 3,6 and 9) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 in an amount up to $650,000.00 for a total contract amount of $1,025,000.00 to City Secretary Contract No. 42232, a professional services contract with Kimley -Horn and Associates, Inc., for project management services for the Chisholm Trail Parkway Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 8 of 25 3. M &C C -26014 - Authorize Execution of Agreement with Aetna Life Insurance Company for Stop Loss Insurance for the City's Health Benefits Plan in the Amount of $753,265.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Aetna Insurance Company for stop loss insurance for the City's health benefits plan effective January 1, 2013. 4. M &C C -26015 - Authorize Execution of a Contract with the Fort Worth Metropolitan Black Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for a Cost Not to Exceed $117,457.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract for an amount not to exceed $117,457.00 with the Fort Worth Metropolitan Black Chamber of Commerce to assist Minority and Women Business Enterprises and small businesses for the period of December 12, 2012, through September 30, 2013. 5. M &C C -26016 - Authorize Execution of a Contract with the Fort Worth Hispanic Chamber of Commerce to Assist Minority and Women Business Enterprises and Small Businesses for a Cost Not to Exceed $135,551.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract for an amount not to exceed $135,551.00 with the Fort Worth Hispanic Chamber of Commerce to assist Minority and Women Business Enterprises and small businesses for the period of December 12, 2012, through September 30, 2013. 6. M &C C -26017 - Authorize Execution of Non - Exclusive Annual Contracts with Garrett Demolition, Inc., Intercon Environmental, Inc., and Lindamood Demolition, Inc., for Structural Demolition and Asbestos Abatement Services for All City Departments at a Cost Not to Exceed a Total of $650,000.00 During Any One -Year Term (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of non- exclusive annual contracts with Garrett Demolition, Inc., Intercon Environmental, Inc., and Lindamood Demolition, Inc., for structural demolition and removal, transportation, and disposal of asbestos containing materials on an as- needed basis for all City departments in the aggregate not to exceed the sum of $650,000.00 during any one (1) year term. 7. M &C C -26018 - Authorize Execution of an Artwork Commission Contract with Etty Horowitz in the Amount of $57,750.00 for Fabrication, Delivery and Installation of an Artwork at the Chisholm Trail Community Center Located at 4680 McPherson Boulevard (COUNCIL DISTRICT 6) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 9 of 25 The City Council approved the following recommendation: Authorize the execution of an artwork commission contract with Etty Horowitz in the amount of $57,750.00 for fabrication, delivery and installation of artwork for the Chisholm Trail Community Center located at 4680 McPherson Boulevard. 8. M &C C -26019 - Authorize Execution of a Professional Services Agreement with Michael Baker Jr., Inc., in the Amount of $427,798.00 for the Mobile LiDAR Proiect, Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Available Cash Balance in the Amount of $328,091.00, Authorize Transfer of Funds from the Lake Worth Gas Lease Capital Improvement Fund to the Stormwater Utility Fund, Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $99,707.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 3, 6 and 7) The City Council approved the following recommendation: Authorize transfer of funds from the Lake Worth Gas Lease Capital Improvements Fund to the Stormwater Utility Fund in the amount of $99,707.00; adopt Appropriation Ordinance No. 20545 -12 -2012 increasing the estimated receipts and appropriations in the Stormwater Utility Fund in the amount of $99,707.00, from available funds, for the purpose of funding the Mobile LiDAR project; adopt Supplemental Appropriation Ordinance No. 20546 -12 -2012 increasing the estimated receipts and appropriations in the Stormwater Utility Fund in the amount of $328,091.00, decreasing the Unassigned Fund balance by the same amount, for the purpose of funding the Mobile LiDAR project; and authorize the execution of a professional services agreement in the amount of $427,798.00 with Michael Baker Jr., Inc., for the project. 9. M &C C -26020 - Authorize Execution of Change Order No. 1 to Citv Secretar Contract No. 47288 with Conatser Construction TX, LP, in the Amount of $201,189.50 for a Total Contract Amount of $1,340,147.25 for the Cromwell Marine Creek Bridge, Paving and Sewer Improvements Proiect (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Change Order No. 1 to City Secretary Contract No. 47288 with Conatser Construction TX, LP, in the amount of $201,189.50 thereby revising the total contract amount to $1,340,147.25. 10. M &C C -26021 - Authorize Execution of a Construction Contract with Ed A. Wilson, Inc., in the Amount of $572,900.00 to Renovate the Auditorium Theatrical Lighting System at the Will Rogers Memorial Center and Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $648,000.00 and Decreasing the Assigned Culture and Tourism Fund Balance by the Same Amount (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 10 of 25 The City Council approved the following recommendation: Authorize the execution of a construction contract with Ed A. Wilson, Inc., in the amount of $572,900.00 to renovate the auditorium theatrical lighting system at the Will Rogers Memorial Center; and adopt Supplemental Appropriation Ordinance No. 20547 -12 -2012 increasing the estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $648,000.00 and decreasing the assigned fund balance by the same amount, for the renovation project. 11. M &C C -26022 - Authorize Execution of a Canine Lease Agreement with the Fort Worth Police Department K9 Support Group for an Annual Cost of One Dollar (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a canine lease agreement with the Fort Worth Police Department K9 Support Group for an annual cost of one (1) dollar. Mayor Price expressed appreciation to the Fort Worth Police Department K9 Support Group for their support of the Fort Worth Police Department. 12. M &C C -26023 - Authorize Execution of Five -Year Options to Renew Hangar Lease Agreements with HLP Aviation, L.L.C., for Lease Sites 28 and 32 at Fort Worth Spinks Airport (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of five (5) year options to renew hangar lease agreements with HLP Aviation, L.L.C., for lease sites 28 and 32 at Fort Worth Spinks Airport. 13. M &C C -26024 - Authorize Participation in the Texas Water Development Board Water Priority Research Project in the Amount of $50,000.00 for Evaluating the Potential for Direct Potable Reuse in Texas with the Upper Trinity River Basin Water Quality Compact (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize participation in the Texas Water Development Board Water Priority Research Project to evaluate the potential for direct potable reuse in Texas with the Upper Trinity River Basin Water Quality Compact; and authorize the payment of the City's share of the cost for the study in the amount of $50,000.00. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS OCS - 1872 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 11 of 25 IX. SPECIAL PRESENTA'T'IONS, INTRODUCTIONS, ETC. 1. Recognition of FitWorth Community Partners and Healthy Kids ChallenLye Winners Mayor Price and Council Member Shingleton recognized the FitWorth Community Partners and Healthy Kids Challenge Winners. She recognized Mike Guyton, Oncor ($250,000.00 donation) and Mr. Mike Pavell, Bank of America ($25,000.00 donation) for their support of this program and the community. Mr. Guyton and Mr. Pavell both expressed appreciation for the recognition and stated that they looked forward to helping the City fight to end childhood obesity. Mayor Price and Council Member Shingleton recognized the winners of the Healthy Kids Challenge as follows: First Place: ($1,000 prize) Principal Amparo Martinez — Sagamore Hill Second Place: ($750 prize) Principal James Garcia — J.P. Elder Third Place: ($500 prize) Principal Elizabeth Yoder — Western Hills X. ANNOUNCEMENTS BY CITY COUNCIL i11EMBERS AND STAFF L Upcoming and Recent Events Council Member Jordan congratulated Crowley Independent School District for receiving a perfect score of superior achievement on the FIRST Report which measured financial integrity and reporting. He also congratulated the Crowley High School Eagles football team for winning the Bi- District Championship. He also wished the residents of District 6 happy holidays. Mayor Price announced that there would be a Fort Worth area interfaith candle -light vigil on December 20, 2012, at 7:00 p.m., at the Herman Clark Stadium at South -East Loop 820 and Wichita Street next to the TCC South Campus to remember the victims of the shootings at Sandy Hook Elementary School in Newtown, Connecticut. 2. Recop_nition of Citizens There were no citizens recognized at this time. 3. Approval of Ceremonial Travel There was no approval necessary of ceremonial travel. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 12 of 25 X1. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Mayor Price announced that the following members would be appointed to the Audit Committee. Council Member Jungus Jordan, Chair Council Member Frank Moss Council Member Dennis Shingleton Council Member Kelly Allen Gray Motion: On behalf of the Legislative and Intergovernmental Affairs Committee, Council Member Scarth made a motion, seconded by Council Member Espino, that the individuals listed below be appointed to the various Boards and Commissions as reflected, effective December 18, 2012, with terms expiring as reflected. The motion carried unanimously 9 ayes to 0 nays. Appointments: • Ms. Vickie Gray to the Tarrant County 911 Emergency Assistance District Board, with a term expiring April 1, 2014. • Mr. Jacinto Ramos to Place 1 on the Fort Worth Human Relations Commission, with a term expiring October 1, 2013. • Mr. Reed Bilz to Place 2 on the Fort Worth Human Relations Commission, with a term expiring October 1, 2014. XII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL COMMITTEES There were no presentations and /or communications from boards commissions and /or City Council committees. XIII. RESOLUTIONS City Secretary Kayser advised that the Resolution No. 1 appointing an Arts Funding Task Force would be moved down the agenda and considered after Mayor and Council Communication No. G- 17745. 2. A Resolution Authorizing Execution of Agreements with the North Central Texas Council of Governments ( NCTCOG) Reguestinp_ NCTCOG to Pursue Development of the Cotton Belt Rail Project Utilizing Senate Bill 1048 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 13 of 25 It was recommended that the City Council adopt a Resolution authorizing execution of agreements with The North Central Texas Council of Governments ( NCTCOG) requesting NCTCOG to pursue development of the cotton Belt Rail Project utilizing Senate Bill 1048. Motion: Council Member Jordan made a motion, seconded by Council Member Scarth, that Resolution No. 4158 -12 -2012 be adopted with the amendment to add the following Resolved section immediately following Section 1: "Section 2. Notwithstanding any other provisions of this Resolution, the City of Fort Worth reserves the right to review and evaluate the merits of any public - private partnership agreement or any state enabling legislation that NCTCOG may propose pursuant to this Resolution and, accordingly, reserves the right to grant or withhold support for any such agreement or legislation." The motion carried unanimously 9 ayes to 0 nays. XIV. REPORT OF THE CITY MANAGER A. Benefit Hearinp_ - None B. General 1. M &C G -17745 - Adopt Ordinance Amendinp, Chapter 2, "Administration ", Article VII, "Code of Ethics" of the Code of the City of Fort Worth to Add and Amend Definitions, Allow for Participation by Task Force Members; Provide for Reliance on a Written Opinion of the City Attorney; Rename the Ethics Review Committee; Establish the Duties and Responsibilities of the City Secretary and the City Attornev; Provide for the Appointment, Jurisdiction and Powers of Hearing Officers, Specify the Criteria of a Valid Ethics Complaint; Provide for the Retention of Outside Legal Counsel; and Outline the Appeal Process (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) It was recommended that the City Council adopt an Ordinance amending Chapter 2 (Administration), Article VII (Code of Ethics) of the Code of the City of Fort Worth, Texas (1986), as amended, by specifying that the Declaration of Policy is not part of the Ethics Code; adding defined terms for "Domestic Partner ", "Resident ", "Task Force ", and "Written Opinion of the City Attorney "; revising the definition of "Substantial Interest "; providing that a task force member may participate and vote on matters; providing that reliance upon a written opinion of the City Attorney is an absolute defense to an alleged violation; renaming the Ethics Review Committee as the "Ethics Review Commission "; specifying the membership, jurisdiction, powers and meeting requirements of the Ethics Review Commission; specifying the duties and responsibilities of the City Attorney and the City Secretary; providing for the appointment, jurisdiction, powers and process of Hearing Officers to hear appeals; specifying the criteria of a valid Ethics Code Complaint; specifying the process by which a complaint is heard and disposed CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 14 of 25 of, providing for the retention of outside legal counsel; specifying the criteria for an appeal; specifying the powers of the City Council to make final decisions; and making various other related changes. City Attorney Fullenwider read a recommended amendment to the ordinance. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G- 17745. Mr. Jim Ashford, 6209 Riverview Circle (provided handout) Ms. Beverly Branham, 6487 Woodstock Road (provided handout) Mr. Christian Ellis, 1925 Dartmoor Court, submitted a comment card in opposition to Mayor and Council Communication No. G- 17745. Mayor Pro tem Zimmerman stated that he was concerned that the ordinance gave the perception that there was something that the City did not want to hold people accountable for. He further stated that he supported the general ideas that this ordinance was trying to govern. He pointed out that he did not feel that the ordinance was written clear enough for the citizens to understand what their rights were and would not be supporting this item as presented. Mayor Price and Council Members Shingleton, Espino, and Scarth all expressed support for the public process and for the amendments to the ordinance. They also expressed appreciation to all citizens who provided input and /or attended the public meetings relative to this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17745 be approved and Ordinance No. 20548 -12 -2012 be adopted with the amendment to add Section 2- 236(d) to state that "Task Forces, as defined in Section 2 -237, shall conduct their meetings in accordance with the requirements imposed on a governmental body by the Texas Open meetings Act, Chapter 551, Texas Government Code ". The motion carried 8 ayes to 1 nay, with Mayor Pro tem Zimmerman casting the dissenting vote. 1. A Resolution Appointin#, an Arts Funding "Cask Force to Advise the City Council About the City's Financial Support for Arts and Cultural Exchange Programs (Continued from December 4, 2012) It was recommended that the City Council adopt a Resolution appointing an Arts Funding Task Force to advise the City Council about the City's financial support for arts and cultural exchange programs. Mayor Price suggested that Mr. Robert Bass and Ms. Lori Thomson be added to the committee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 15 of 25 Motion: Council Member Allen Gray made a motion, seconded by Council Member Shingleton, that Resolution No. 4159 -12 -2012 be adopted with the amendment to add two (2) additional members to the Task Force: Mr. Robert Bass and Ms. Lori Thomson. The motion carried unanimously 9 ayes to 0 nays. 2. M &C G -17773 - Receive and Accept Written Comments from the Capital Improvements Advisory Committee for Updated Land Use Assumptions, Transportation Improvements Plan and Maximum Assessable Impact Fees Related to Transportation Impact Fees (ALL COUNCIL DISTRICTS) It was recommended that the City Council accept the written comments regarding updated Land Use Assumptions, Transportation Improvements Plan, and Maximum Assessable Transportation Impact Fees from the Capital Improvements Advisory Committee for Transportation Impact Fees as a basis for public review and comment in advance of the January 15, 2013, public hearing on the same. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication G -17773 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M &C G -17774 - Adopt Ordinance Amending the City Council Single- Member District Boundaries (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Ordinance amending Sections 2 through 9 of Ordinance No. 7323, as amended, by redefining the boundaries of the City Council Single - Member Districts. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication G -17774 be approved and Ordinance No. 20549 -12 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. M &C G -17775 - Approve 2012 Ad Valorem Tax Roll (ALL COUNCIL DISTRICTS) It was recommended that the City Council approve the 2012 Ad Valorem Tax Roll. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G -17775 be approved. 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 DECEMBER 18, 2012 Page 16 of 25 D. Land 1. NI &C L -15485 - Adopt Resolution Consentinz to the Sale of a Tax- Foreclosed Property Located at 1919 Avenue D to Efrain D. Negrete in the Amount of $3,777.05, in Accordance with Section 34.05 of the Texas Property Tax Code (COUNCIL DISTRICT 8) It was recommended that the City Council adopt a Resolution consenting to the sale of a tax - foreclosed property located at 1919 Avenue D, Fort Worth, Texas, described as west 35 feet of Lot 9, east 15 feet of Lot 10, Block 60, Highland to Glenwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, to Efrain D. Negrete in the amount of $3,777.05, in accordance with Section 34.05 of the Texas Property Tax Code; and authorize the execution and recording of the appropriate instruments conveying the property to complete the sale. It was the consensus of the City Council that Mayor and Council Communication No. L -15485 be continued until the January 8, 2013, Council meeting. 2. M &C L -15486 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.136 Acres of Land for a Permanent Water, Sewer and Drainay'e Facility Easement and 0.759 Acres for Two Temporary Construction Easements Located at 7200 Golf Club Drive Owned by Eagle Mountain Golf Club LLC, for the Lochwood Court Drainage Improvements Protect (COUNCIL DISTRICT 7) It was recommended that the City Council declare that negotiations between the City and the landowner to acquire an easement interest in 0.136 acre of land for a Permanent Water, Sewer and Drainage Facility Easement and 0.759 acre for two (2) Temporary Construction Easements owned by Eagle Mountain Golf Club, LLC, and known as 7200 Golf Club Drive, Tract A, Lake Country Estates, Phase 2, Unit 1, City of Fort Worth, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement on the purchase price; declare the necessity to acquire an easement interest in 0.136 acre of land for a Permanent Water, Sewer and Drainage Facility Easement and 0.759 acre for two (2) Temporary Construction Easements on the subject property for the Lochwood Court Drainage Improvements Project; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire an easement 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 City Manager or his designee to accept and record the appropriate instruments Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication L -15486 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire from Eagle Mountain Golf Club, LLC., 0.136 acre of land for a Permanent Water, Sewer and Drainage Facility Easement and 0.759 acre for two (2) Temporary Construction Easements for the Lochwood Court Drainage Improvements Project from the tract of land known as Tract A, Lake Country Estates, Phase 2, Unit 1, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 17 of 25 Tarrant County, Texas, also known as 7200 Golf Club Drive. The permanent easement will be used to construct storm drain improvements including a 72 inch pipe, an inlet and headwalls. The two (2) Temporary Construction Easements are needed for construction access and work space, as well as grading of swales along the edge of the golf course to direct the water into the inlet structure, which will alleviate flooding of homes in the area. The easements described by metes and bounds and depicted by survey plats attached to Mayor and Council Communication No. L- 15486. be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C L -15487 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.0106 Acres of Land Owned by Kenneth and April Burrill at 1829 C. Tydings Road Needed for a Pipeline Easement and a Temporary Construction Easement Interest in 0.1615 Acres of Land to Facilitate Construction of the Burlington Northern Main Line Track in Connection with the Alliance Airport Runway Extension Project (COUNCIL DISTRICT 2) It was recommended that the City Council declare that based upon the Burlington Northern Santa Fe Railroad relocation agreement executed May 17, 2010, M &C C- 24205, between the City and the Burlington Northern Santa Fe Railway Company, the Alliance Airport Runway Extension Project is necessary in order to meet the City's transportation needs as well as to provide for the public's convenience; declare that public convenience and necessity to take through condemnation by eminent domain a pipeline easement in 0.0106 acre of land and a temporary construction easement in 0.1615 acre of land owned by Kenneth and April Burrill and located in Lot 8, Block 2, Hanby Acres Addition, an Addition in the C. Tydings Survey, Abstract No. 1276, Denton County, Texas, for the relocation of the Burlington Northern Santa Fe Main Line Track; authorize the City Manager and his designee, TranSystems Corporation, to attempt to acquire the pipeline and temporary construction easements for their fair - market values through good -faith negotiations with the Burrill family, and if such negotiations are unsuccessful, authorize the City Attorney to acquire the easements without mineral interests, as well as any remainders of such parcels where their acquisition would be economically prudent; authorize a payment pursuant to an award of commissioners or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the acceptance and recording of the appropriate instruments. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication L -15487 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the Alliance Airport Runway Extension Project to acquire for the BNSF Main Line Track relocation a 0.0106 acre parcel for a pipeline easement and a 0.1615 acre parcel for a temporary construction easement from Kenneth and April Burrill. The land is legally described as portions out of Lot 8, Block 2, Hanby Acres Addition, an Addition in the C. Tydings Survey, Abstract No. 1276, Denton County, Texas, also known as 1829 C. Tydings, Justin, Texas 76247. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 18 of 25 4. M &C L -15488 - Authorize Condemnation by Eminent Domain of an Easement Interest in 1.476 Acres of Land from Redus Texas Land, L.L.C., for an Access Easement Located in Denton County, Texas, at the Northwest Corner of State Highway 114 Along the Burlington Northern Santa Fe Railway Track for the Alliance Airport Runway Extension Project (COUNCIL DISTRICT 2) It was recommended that the City Council declare that based upon the Burlington Northern Santa Fe Railroad relocation agreement executed May 17, 2010, M &C C- 24205, between the City and the Burlington Northern Santa Fe Railway Company, the Alliance Airport Runway Extension Project is necessary in order to meet the City's transportation needs as well as to provide for the public's convenience; declare that public convenience and necessity to take through condemnation by eminent domain a variable width access easement interest in 1.476 acres of land on the subject property located in the G. Cardinas Survey, Abstract No. 214, Denton County, Texas, for the relocation of the Burlington Northern Santa Fe Main Line Track; authorize the City Manager and his designee TranSystems to attempt to acquire through eminent - domain proceedings under Texas law the easement interest for its fair - market value through good -faith negotiations with Redus Texas Land, L.L.C., and if the negotiations are unsuccessful, authorize the City Attorney to acquire the easement interest without mineral interests in the parcel as well as any remainder of the Redus property where the acquisition of the remainder would be economically prudent; authorize a payment pursuant to an award of commissioners or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the acceptance and recording of the appropriate instruments. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication L -15488 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the Alliance Airport Runway Extension Project to acquire from Redus Texas Land, L.L.C., for the Burlington Northern Santa Fe Main Line Track relocation a 64,273- square -feet parcel of land for a variable width access easement. The land is legally described as a portion out of a 188.651 -acre tract of land owned by Redus Texas Land, L.L.C., and located at the northwest corner of the intersection of State Highway 114 and the Burlington Northern Santa Fe Road track in Denton County, Texas. The access easement is described by a metes - and - bounds survey and depicted by survey plat attached to Mayor &Council Communication No. L- 15488. The motion carried unanimously 9 ayes to 0 nays. 5. M &C L -15489 - Conduct Public Hearing and Authorize Use of a Portion of Heritage Addition Park and Arcadia Trail Park North for the Dedication of Public Road Rights -of -Way and Related Public Infrastructure Improvements (COUNCIL DISTRICT 2) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 19 of 25 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 for the use of Heritage Addition Park, located at 3600 Block Heritage Trace Parkway, south of Heritage Trace Parkway, east of Old Denton Road and terminus of Willingham Court, north of Burts Drive and Emery Avenue, west of terminus of Burgee Court, north and east of General Worth Drive and Arcadia Trail Park North and Arcadia Trail Park North, located at 8744 Arcadia Park Drive, east of Old Denton Road, west of Queenswood Court, Foxwood Drive, Cave Cove Court and Birch Creek, south of Georgetown Place, Summerhill Lane, and Seven Oaks Drive, north of Chisos Rim Trail, bisected by Arcadia Park Drive, Jenny Lake Trail, for the dedication of public road rights -of -way and related public infrastructure improvements; find that the proposed dedication of public road rights -of -way and related public infrastructure improvements includes all reasonable planning to minimize harm to the parkland, including that all infrastructure will be constructed in Heritage Addition Park and Arcadia Trail Park North, together totaling 0.723 acre; close the public hearing and authorize the use of approximately 0.626 acre of dedicated parkland in Heritage Addition Park and 0.097 acre of dedicated parkland in Arcadia Trail Park North, together totaling 0.723 acre, for the dedication public road rights -of -way and related public infrastructure improvements. Mayor Price opened the public hearing. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, , appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication L -15489 be approved. The motion carried unanimously 9 ayes to 0 nays. 6. M &C L45490 - Conduct a Public Hearinp_ and Authorize Use of a Portion of Sycamore Creek Golf Course for the Purpose of Installinp- a Fiftv -Four Inch Water Service Line and Authorize Transfers in the Amounts of $70,000.00 and $67,400.00 from the Water Capital Projects Fund to the Municipal Golf Fund and the Community Tree Plantinp, Fund (COUNCIL DISTRICT 8) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER t8,2012 Page 20 of 25 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 Sycamore Creek Golf Course, located at 401 Martin Luther King Freeway, east of Martin Luther King Freeway, north of Vickery Boulevard, south of the Union Pacific Rail Road and west of Sycamore Creek, for the location of the proposed 54 inch water service line; find that the proposed water service line includes all reasonable planning to minimize harm to the parkland and will be constructed in Sycamore Creek Golf Course; close the public hearing and authorize the use of the subsurface of approximately 0.629 acre of Sycamore Creek Golf Course for the installation of 54 inch water service line; and authorize the transfer in the amount of 570,000.00 to the Municipal Golf Fund and the amount of $67,400.00 to the Community Tree Planting Program Fund from the Water Capital Projects Fund for mitigation purposes. Mayor Price opened the public hearing. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Allen Gray made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication L -15490 be approved. The motion carried unanimously 9 ayes to 0 nays. E. Planning & Zoning 1. M &C PZ -3003 - Adopt Ordinance Vacating an Alley Between Nebraska Street and Dakota Street and a Portion of an Alley Between Dakota Street and Kansas Street for a Gas Drilling Site as Requested by Chesapeake Operating, Inc. (COUNCIL DISTRICT 9) (Continued from a Previous Meeting) It was the consensus of the City Council that Mayor and Council Communication No. PZ -3003 be withdrawn from consideration. 2. M &C PZ -3003 - (Revised) Adopt Ordinance Vacating an Alley Between Nebraska Street and Dakota Street and a Portion of an Allev Between Dakota Street and Kansas Street as Requested by Chesapeake Operating, Inc (COUNCIL DISTRICT 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 21 of 25 It was recommended that the City Council adopt an Ordinance vacating and extinguishing portions of three (3) alleys located between Lots 1 through 20 and Lots 6 and Lot 17, Block 11 and between Lots 3 through 18, Block 12, Evans - Pearson Westwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, as requested by Chesapeake Operating, Inc.; and waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). Council Member Jordan advised that 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 Burns made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication PZ -3003 (Revised) be approved and Ordinance No. 20550 -12 -2012 be adopted. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Jordan. F. Award of Contract 1. M &C C -26025 - Authorize Joint Ordinance and Boundary Agreement with the City of Burleson to Adjust the City Limit Boundaries Between the Cities of Fort Worth and Burleson in the Vicinitv of Spinks Airport (COUNCIL DISTRICT 8) It was recommended that the City Council approve the Joint Ordinance and Boundary Agreement with the City of Burleson to adjust the City limit boundaries between the Cities of Fort Worth and Burleson in the vicinity of Spinks Airport; and authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. Motion: Council Member Allen Gray made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -26025 be approved and Ordinance No. 20551 -12 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M &C C -26026 - Authorize Execution of Interlocal Agreement with Tarrant County for Reimbursement in the Amount of $1,500,000.00 to the City for Tarrant County Cost Participation Related to the Trinitv River Vision - Central Citv Project (COUNCIL DISTRICTS 2 and 9) It was recommended that the City Council authorize the execution of an interlocal agreement with Tarrant County for reimbursement in the amount of $1,500,000.00 to the City for Tarrant County cost participation related to the Trinity River Vision - Central City Project. Mayor Price expressed appreciation to Tarrant County for the support of this project. Motion: Council Member Burns made a motion, seconded by Council Member Espino that Mayor and Council Communication No. C -26026 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 22 of 25 3. M &C C -26027 - Authorize Execution of Enhanced Community Facilities Agreement with Bell Helicopter Textron, Inc., in an Amount Not to Exceed $1,770,000.00 for the Reconstruction of Norwood Drive Between Trinity Boulevard and State Highway 10 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) It was recommended that the City Council adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Transportation Impact Fees Fund in the amount of $770,000.00, from available funds, for the purpose of reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10; and authorize the City Manager to execute an enhanced community facilities agreement with Bell Helicopter Textron, Inc., in an amount not to exceed $1,770,000.00, for the reconstruction project. Mr. Dan Grant, 801 Cherry Street, Suite 950, completed a speaker card in support of Mayor and Council Communication No. C- 26027, but did not wish to address the Council. Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C -26027 be approved and Appropriation Ordinance No. 20552 -12 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. M &C C -26028 - Authorize Execution of a Contract with Stabile & Winn, Inc., in the Amount of $1,834,097.46 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Sixteenth Street NW, Twenty Second Street NW, Highland Avenue, Belmont Avenue, Odd Street and Could Avenue and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the transfer of $560,050.70 from the Water and Sewer Fund in the amounts of $468,750.20 to the Water Capital Projects Fund and $91,300.50 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 pavement reconstruction, water and sanitary sewer main replacement for 16th Street NW, from Clinton Avenue to Circle Park Boulevard, 22nd Street NW, from Prairie Avenue to McKinley Avenue; Belmont Avenue, from 19th Street NW to 20th Street NW; Odd Street, from Belmont Avenue to Grand Avenue; and Gould Avenue, from 14th Street NW to 16th Street NW; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the purpose of pavement reconstruction, water and sanitary sewer main replacement for the above listed streets; and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,834,097.46 for pavement reconstruction, water and sanitary sewer main replacement for the streets listed above. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 23 of 25 Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -26028 be approved, with appreciation to the Transportation and Public Works Department staff and Appropriation Ordinance Nos. 20553 -12 -2012 and 20554 -12 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M &C C -26029 - Adopt Resolution Authorizing an Additional Payment of $70,900.00 to Fund a Local Project Advance Funding Agreement with the Texas Department of Transportation in an Amount Not to Exceed $15,979,614.00 for Design and Construction of the North Riverside Drive Bridge Over Interstate Highway 820 (COUNCIL DISTRICT 4) It was recommended that the City Council adopt a Resolution authorizing an additional payment to the Texas Department of Transportation (TxDOT) in the amount of $70,970.00, for construction of the North Riverside Drive Bridge over IH -820 and execution of local project advance funding agreement with TxDOT, for the project, in an amount not to exceed $15,979,614.00. Motion: Council Member Scarth made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -26029 be approved and Resolution No. 4160 -12 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 6. M &C C- 26030 - Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School District to Establish a Vehicle Repair and Maintenance Supply Program (COUNCIL DISTRICTS 2,5 and 8) It was recommended that the City Council authorize the execution of an interlocal agreement with the Fort Worth Independent School District to establish the Vehicle Repair and Maintenance Supply Program. Council Member Moss advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Council Member Allen Gray advised that this partnership with FWID was a great program for the students as well as a cost savings benefit to both the City and the school district. Motion: Council Member Scarth made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication No. C -26030 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Moss. 7. M &C C -26031 - Authorize Execution of a Professional Services Agreement with O.R. Colan Associates of Illinois, LLC, in an Amount Not to Exceed $1,180,000.00 for Services Related to the Acquisition of Four Rural Residential Properties and 223 Avigation Easements as Outlined in the Noise Compatibility Plan for Alliance Airport (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 24 of 25 It was recommended that the City Council authorize execution of a professional services agreement with O.R. Colan Associates of Illinois, LLC, in an amount not to exceed $1,180,000.00 for services related to the acquisition of four (4) rural residential properties and 223 avigation easements as outlined in the Noise Compatibility Plan for Alliance Airport. It was the consensus of the City Council that Mayor and Council Communication No. C -26031 be continued until the January 8, 2013, Council meeting. 8. NI &C C -26032 - Authorize Execution of a Contract with William J. Schultz, Inc. d /b /a Circle "C" Construction Company, in the Amount of $1,270,074.00 for Sanitary Sewer Rehabilitation, Contract 74 on Chapin Road, Fairfield Avenue, Willow Ridge Road and Eight Alleys (COUNCIL DISTRICTS 3,7 and 8) It was recommended that the City Council authorize the execution of a contract with William J. Schultz, Inc., d/b /a Circle "C" Construction Company, in the amount of $1,270,074.00 for Sanitary Sewer Rehabilitation, Contract 74 on Chapin Road, Fairfield Avenue, Willow Ridge Road and eight (8) Alleys. Motion: Council Member Shingleton made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication No. C -26032 be approved. The motion carried unanimously 9 ayes to 0 nays. XV. ZONING HEARING The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on December 2, 2012. Mayor Price opened the public hearing. 1. ZC -12 -122 - (CD 2) - AIL Investments, 11401 Old Denton Road; from: "G" Intensive Commercial to: "I" Light Industrial (Recommended for Approval by the Zoning Commission) Mr. Dana Morse, 500 Graves Boulevard, Salinas, Kansas 67401, completed a speaker card in support of Zoning Docket No. ZC -12 -122, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -122 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. ZC -12 -126 - (CD -ALL) - City of Fort Worth Planning & Development Department, Text Amendment: Near Southside Form Based Code to add regulations for Mobile Vendor Food Courts: An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 18, 2012 Page 25 of 25 codified as Appendix "A" of the Code of The City of Fort Worth (1986), to Amend Various Sections of the Near Southside Development Standards and Guidelines as provided by Section 4.1305D, "Other Development Standards" of Chapter 4, "District Regulations ", to: Provide for Requirements for Mobile Vending Food Courts; and Add Mobile Vending Food Courts as a permitted use in the permitted Land Use Table To view the proposed amendment: http:// fortworthtexas. gov/ planninganddevelopment /zoningcommission.aspx (Recommended for Approval by the Zoning Commission) Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -126 be approved and Ordinance No. 20555 -12 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. ZC -12 -133 - (CD 6) - Christ Church Assembly of God; 5301 Altamesa; from: "CF" Community Facilities to: "PD /E" Planned Development for "E" Neighborhood Commercial for church use only; site plan waiver recommended (Recommended for Approval by the Zoning Commission) Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -133 be approved. The motion carried unanimously 9 ayes to 0 nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Jordan made a motion, seconded by Council Member Moss, that the hearing be closed and that Ordinance No. 20556 -12 -2012 be adopted. The motion carried 9 ayes to 0 nays. XVI. CITIZEN PRESENTATIONS There were no citizen presentations. XVII. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) - SEE ATTACHMENT B XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular Meeting at 11:08 a.m. These minutes approved by the Fort Worth City Council on the 8th day of January, 2013. Approved: � -Betsy Price. Mayor.