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HomeMy WebLinkAbout2013/02/19-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 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 I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 10:07 a.m., on Tuesday, February 19, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. INVOCATION- Dr. Michael Dean,Travis Avenue Baptist Church The invocation was provided by Dr. Michael Dean, Travis Avenue Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF FEBRUARY 12, 2013 Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the Minutes of the Regular meeting of February 12, 2013, 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 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda.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 FEBRUARY 19, 2013 Page 2 of 19 VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. A. General- Consent Items 1. M&C G-17809 - Adopt Amended Citizen Participation Plan for the City's Consolidated Plan, in Accordance with United States Department of Housing and Urban Development Guidelines (ALL COUNCIL DISTRICTS) The City Council approved the •following recommendation: Adopt an amended Citizen Participation Plan for the City's Consolidated Plan, in accordance with the United States Department of Housing and Urban Development Guidelines. 2. M&C G-17810 - Authorize Submission of a Letter of No Obiection to the U.S. Foreign-Trade Zones Board to Allow for Foreign-Trade Zone Activation at the Maruyama U.S., Inc., Facility Located at 4770 Mercantile Drive, Suite 100 (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the City Manager to submit a Letter of No Objection to the U.S. Foreign-Trade Zones Board allowing for Foreign Trade Zone activation at the Maruyama U.S., Inc., facility located at 4770 Mercantile Drive, Suite 100. B. Purchase of Equipment,Materials, and Services - Consent Items 1. M&C P-11492 - Authorize Purchase Agreements with Lawn Patrol Service, Inc., Scott Landscape Maintenance, Inc., and Somerset Landscape and Maintenance, Inc., to Provide Grounds Maintenance and Mowing Services for City Departments in a Combined Amount Up to $1,320,893.25 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase agreements with Lawn Patrol Service, Inc., Scott Landscape Maintenance, Inc., and Somerset Landscape and Maintenance, Inc., to provide grounds maintenance and mowing services for City Departments in a combined amount up to $1,320,893.25 for the first year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 3 of 19 C. Land- Consent Items 1. M&C L-15517 -Authorize Sale of Seventeen Tax-Foreclosed Properties Described in Exhibit A in the Amount of$77,360.00, in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code (COUNCIL DISTRICTS 2, 5, 6 and 8) The City Council approved the following recommendation: Authorize the sale of seventeen tax- ' foreclosed properties in the amount of $77,360.00, in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Property Code; and authorize the execution and recording of the appropriate instruments conveying the properties to complete the sale. 2. M&C L-15518 - Authorize Acquisition of a Fee Simple Interest in 0.1239 Acres in an Improved Lot for the Lebow Channel Drainage Improvements Project Located at 3453 Lebow Street from Tom Wittrock in the Amount of $70,000.00, Pay Estimated Closing Costs Up to $4,000.00 for a Total Cost of $74,000.00 and Authorize Payment of Relocation Assistance Estimated in the Amount of $40,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1239 acres in an improved lot located at 3453 Lebow Street, described as Lot 15, Block 17, Dixie Wagon Mfg. Co Addition, Fort Worth, Texas, from Tom Wittrock; find that the total purchase price in the amount of $70,000.00 is just compensation; authorize the City Manager, or his designee, to accept the conveyance, pay just compensation, record the appropriate instruments and pay estimated closing costs in the amount up to $4,000.00; and ! authorize the payment of relocation assistance in the amount of$40,000.00. E. Award of Contract- Consent Items 1. M&C C-26101 - Adopt Resolution Supporting the 2013 Housing Tax Credit Application for the Reserve at McAlister, a Proposed Senior Multifamily Development to be Located North of McAlister Road, South of FM 1187 and West of Interstate Highway 35 South, and Authorize Waiver of Certain Development Fees (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Adopt Resolution No. 4182-02-2013 supporting a 2013 Housing Tax Credit application to the Texas Department of Housing and Community Affairs for the Reserve at McAlister, a proposed senior multifamily development to be located north of McAlister Road, south of FM 1187 and west of Interstate Highway 35 South; authorize the waiver of the following City fees that would otherwise be charged to the developers: (i) all building permit, plan review, inspection, and re-inspection fees, (ii) all zoning CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 4 of 19 fees, (iii) all temporary encroachment fees, (iv) all platting fees, and (v) all fire, sprinkler and alarm permit fees; and find that the waiver of such fees serves the public purpose of supporting economic development and benefitting low-to-moderate income elderly citizens by providing them with quality, affordable, accessible housing. 2. M&C C-26102 - Authorize Payment to the Texas Department of Transportation in the Amount of $53,841.21 for Utility Relocations in Association with the Construction of East Rosedale Street from Interstate Highway 35W to United States Highway 287 (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize a payment to the Texas Department of Transportation in the amount of$53,841.21 for utility relocations in association with the construction of East Rosedale Street from Interstate Highway 35W to United States Highway 287. 3. M&C C-26103 - Authorize Execution of a Contract with Durable Specialties, Inc., in the Amount of $378,000.00 for the Construction of Streetlight Improvements for Golden Triangle Boulevard from Interstate Highway 35W to Katy Road and Provide for Contingencies, City Furnished Materials and Construction Services for a Proiect Total in the Amount of$579,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a contract with Durable Specialties, Inc., in the amount of$378,000.00 for the construction of streetlight improvements for Golden Triangle Boulevard from Interstate Highway 35W to Katy Road and provide for contingencies, City furnished materials and construction services for a project total in the amount of$579,000.00. 4. M&C C-26104 - Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of $725,092.10 for the Construction of Pennsylvania Avenue from Tenth Street to West Cannon Street and Provide for Contingencies and Construction Services for a Project Total in the Amount of $968,911.10 (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a contract with McClendon Construction Company, Inc., in the amount of$725,092.10 for the construction of Pennsylvania Avenue from Tenth Street to West Cannon Street and provide for contingencies and construction services for a project total in the amount of$968,911.10. 5. M&C C-26105 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Northwest Pipe Company for Property Located at Longhorn Road, A.F. Albright Survey, Abstract No. 1849 at no Expense to the City (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19,2013 Page 5 of 19 The City Council approved the following recommendation: Authorize the execution of a stormwater facility maintenance agreement with Northwest Pipe Company for property located at Longhorn Road, A.F. Albright Survey, Abstract No. 1849, at no expense to the City. 6. M&C C-26106 - Authorize Execution of an Engineering Design Agreement with Criado and Associates, Inc., in the Amount Not to Exceed $53,000.00 to Design Bicycle Lanes on Segments of Park Vista Boulevard, Parkwood Hill Boulevard, and Redwood Trail and the Addition of Three Pedestrian Crossings Across Park Vista Boulevard (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of an engineering design agreement with Criado and Associates, Inc., in the amount not to exceed $53,000.00 to design bicycle lanes along segments of Park Vista Boulevard, Parkwood Hill Boulevard, Redwood Trail, and the addition of three pedestrian crossings on Park Vista Boulevard. 7. M&C C-26107 - Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of$200,000.00 for the Design of the Wagley Robertson Drainage Improvements Proiect (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $200,000.00 for the design of the Wagley Robertson Drainage Improvements Project. 8. M&C C-26108 - Authorize Execution of a Professional Services Agreement with AECOM Technical Services, Inc., in the Amount of $327,000.00 for a Flood Warning System Study (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a professional services agreement with AECOM Technical Services, Inc., in the amount of $327,000.00 for a Flood Warning System Study. 9. M&C C-26109 - Authorize Execution of a Memorandum of Understanding with the North Texas High Intensity Drug Trafficking Area Task Force for Participation in the Commercial Smuggling Squad, Accept Reimbursement of Overtime Expenses in the Amount Up to $17,205.25 for Fiscal Year 2013 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Memorandum of Understanding with the North Texas High Intensity Drug Trafficking Area Task Force for participation in the Commercial Smuggling Squad; authorize the acceptance of reimbursement of overtime expenses in the amount up to $17,205.25 for an officer assigned to the Commercial Smuggling Squad for Fiscal Year 2013; and Adopt Appropriation Ordinance No. 20620-02-2013 increasing the estimated receipts and appropriations in the grants fund, upon execution of the agreement. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 6 of 19 10. M&C C-26110 - Authorize Execution of a Memorandum of Understanding Between the City of Fort Worth, the Texas A&M Forest Service, and the Regional Incident Management Team Members to Delineate Responsibilities and Procedures for Regional Incident Management Team Activities Under the Authority of the State of Texas Emergency Management Plan, Authorize Acceptance of Reimbursement Funds from the Texas A&M Forest Service in the Amount Up to $51,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Memorandum of Understanding between the City of Fort Worth, the Texas A&M Forest Service, and the Regional Incident Management Team members to delineate responsibilities and procedures for the Regional Incident Management Team activities under the authority of the State of Texas Emergency Management Plan; authorize the acceptance of reimbursement funds from the Texas A&M Forest Service in the amount up to $51,000.00; and adopt Appropriation Ordinance No. 20621-02-2013 increasing the estimated receipts and appropriations in the grants fund, subject to reimbursement from Texas A&M Forest Service. 11. M&C C-26111 - Authorize Execution of Amendment No. 8 to City Secretary Contract No. 40243 with Hahnfeld, Hoffer and Stanford in the Amount of $85,505.00 Plus Up to $2,365.00 in Reimbursable Expenses for Design Documents and Construction Administration Services to Renovate and Expand the General Terminal Building at Meacham International Airport(COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of Amendment No. 8 to City Secretary Contract No. 40243 with Hahnfeld, Hoffer and Stanford in the amount of $85,505.00 plus up to $2,365.00 in reimbursable expenses from appropriated funds, for additional design documents and construction administration services to renovate and expand the General Aviation Terminal Building at Meacham International Airport. 12. M&C C-26112 - Authorize Execution of Amendment No. 1 to Federal Aviation Administration Lease No. DTFACN-II-L-00106 to Reflect the Current Leased Space and to Revise Equipment Descriptions for the Air Traffic Control Tower at Fort Worth Spinks Airport(COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 to Federal Aviation Administration Lease No. DTFACN-II-L-00106 to reflect the current leased space and to revise equipment descriptions for the Air Traffic Control Tower at Fort Worth Spinks Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 7 of 19 13. M&C C-26113 - Authorize Execution of an Engineering Agreement with A.N.A. Consultants LLC., in the Amount of $144,450.00 for Water and Sanitary Sewer Replacement Contract No. 2011, WSM-B on Western Avenue, Curzon Avenue Lovell Avenue, Locke Avenue, and Two Alleyways, Provide for Project Management, Real Property Acquisition and Utility Coordination for a Project Total in the Amount of $180,000.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the transfer in the amount of$180,000.00 from the Water and Sewer Operating Fund in the amount of$104,444.00 to the Water Capital Projects Fund and the amount of$75,556.00 to the Sewer Capital Projects Fund; Adopt Appropriation Ordinance No. 20622-02-2013 increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of Water and Sanitary Sewer Replacement Contract 2011,WSM-B and Appropriation Ordinance No. 20623-02-2013 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds for the same purpose stated above; and authorize the execution of an engineering agreement with A.N.A. Consultants, LLC., in the amount of $144,450.00. 14. M&C C-26114 - Authorize Provision of Water Service at 1.25 Times the Retail Rate to the Commercial Property Located at 2201 West Risinger Road in Tarrant County, Pursuant to City Code Section 35-60B, Uses Outside City (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the Water Department to provide water service at 1.25 times the retail rate to commercial property located at 2201 West Risinger Road in Tarrant County, pursuant to City Code Section 35-60B, Uses Outside City; and authorize the execution of an agreement for such services. 15. M&C C-26115 - Authorize Amendment of a Community Facilities Agreement, City Contract No. 44014, with Texas Christian University and Authorize City Participation in the Amount of $161,895.00 for Construction of a Sixteen-Inch Water Main on Stadium Drive and Bellaire Drive North (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of an amendment to the Community Facilities Agreement with Texas Christian University for the City to participate in the amount of$161,895.00 for the construction of a sixteen-inch water main on Stadium Drive and Bellaire Drive North to serve Texas Christian University and the surrounding area. Mr. Michael Appleman, 2600 block of Highview Terrace, submitted a comment card in opposition to Mayor and Council Communication No. C-26115. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 8 of 19 VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1. OCS - 1878- Notice of Claims for Alleged Damages and/or Iniuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Cowtown Marathon Weekend Council Member Shingleton presented the Proclamation for Cowtown Marathon Weekend to Ms. Heidi Swartz, Executive Director. He stated that The Cowtown, a non-profit organization promoting community health and wellness to North Texans of all fitness levels, was celebrating 35 years of running and offering an Adults 5K, Cook Children's 5K, 10K, Half Marathon, Marathon and Ultra Marathon. He further stated that The Cowtown welcomed runners and their families from around the world with over 48 states and 8 foreign countries being represented by participants who enjoyed the best aspects of Fort Worth. He pointed out that the staff and volunteers of The Cowtown worked diligently to encourage and facilitate the participation of school as well as community center teams from across the Metroplex in one of the country's largest youth races in the nation with The Cowtown C.A.L.F. program providing assistance to over 2,100 low income children including help in training, entry fees and running equipment and in January 2012, The Cowtown received national recognition as the Youth Event of the Year by Running U.S.A. Ms. Swartz expressed appreciation to the Mayor and Council for the Proclamation and encouraged everyone to attend the event. Mayor Price stated this was an incredible event and encouraged everyone to participate in the event by volunteering or running or walking. 2. Presentation of Checks by the Rotary Club of Fort Worth and Streams and Valleys, Inc., for a New Trailhead at Trinity Park to be Known as Rotary Plaza Mr. Tim Plocica, President - Elect, Rotary Club of Fort Worth, provided a brief overview and history of Rotary Park and presented the check from the Rotary Club of Fort Worth in the amount of $100,000.00 for a new trailhead at Trinity Park to be known as Rotary Plaza, to Council Member Burns. He also read the names of the members of the Rotary Club of Fort Worth. He also expressed appreciation to Ms. Adalaide Leavans, Streams and Valleys, Inc., for her support of the project. Ms. Valerie Yoakam Jay, Interim Executive Director, Streams and Valleys, Inc., presented the check from the Streams and Valleys, Inc., in the amount of $10,000.00 for a new trailhead at Trinity Park to be known as Rotary Plaza, to Council Member Burns. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19,2013 Page 9 of 19 Council Member Burns expressed appreciation for the donations and stated the dedication ceremony would take place on February 22, 2013, at 11:00 a.m. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Moss announced that on February 24, 2013, from 3:30 p.m. to 5:30 p.m., the Center for Stop Six Heritage would host a program entitled Black History in the Making, Living the American Dream in honor of Black History Month. He added that the program would feature four men from the Stop Six community who overcame many conditions in their lives — Charles Daniels, Assistant City Manager, Rudy Jackson, Fire Chief, Horatio Porter, Chief Financial Officer, and William Johnson, Assistant Director, Housing and Economic Development. He stated the program would be held at the campus of the Dunbar Young Men's Leadership Academy, 5100 Willie Street. Council Member Scarth announced that an Economic Development and Strategic Planning meeting would be held on February 22, 2013, from 8:30 a.m. to 12:00, at the UTA Research Institute. Council Member Burns pointed out that the Rotary Plaza was a $220,000.00 project including the donations from both the Rotary Club of Fort Worth and Streams and Valleys, Inc. He also announced that the Cowtown Marathon would be held February 23-24, 2013. He also advised that there would be a Health and Fitness Exposition held February 22-23, 2013, at the Will Rogers Memorial Complex. He also announced that the Fairmont Neighborhood would host a pancake breakfast on February 24, 2013, at 7:00 a.m., and the Mistletoe Heights would be serving breakfast burritos also on February 24, 2013, at 7:00 a.m., both in efforts to cheer on runners participating in the Cowtown Marathon. Mayor Price announced that the State of the City Address would be held on March 5, 2013, at 11:30 a.m. 2. Recognition 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 FEBRUARY 19, 2013 Page 10 of 19 XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Joey Dixson be appointed to Place 4 on the Board of Adjustment - Residential effective February 19, 2013, with a term expiring on October 1, 2014, be approved. The motion carried unanimously 9 ayes to 0 nays. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIII. ORDINANCE 1. Forty-Ninth Supplemental Concurrent Bond Ordinance Authorizing One or More Series of Dallas/Fort Worth International Airport Joint Revenue Bonds, for Lawful Purposes; Providing the Security Therefore; Providing for the Sale, Execution and Delivery Thereof Subject to Certain Parameters; and Providing Other Terms, Provisions and Covenants with Respect Thereto Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Ordinance No. 20624-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-17811 - Authorize Acceptance of a Monetary Donation from Comerica Bank in the Amount of $5,680.00 to Cover the Costs Associated with a Public Engagement Initiative Including BikeFW, Wa1kFW and JavaFW to Increase Civic Participation, Increase Estimated Receipts and Appropriations in the Special Trust Fund and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of a monetary donation from Comerica Bank in the amount of $5,680.00 to cover the costs associated with the public engagement initiative including BikeFW, WalkFW and JavaFW to increase civic participation; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund, subject to receipt of a monetary donation. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 11 of 19 Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G-17811 be approved with appreciation and Appropriation Ordinance No. 20625-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M&C G-17812 - Adopt Ordinance Correcting Ordinance No. 20615-02-2013, in Order to Correct the Legal Description and Related Exhibits from Previously Approved Annexation Case AX-12-007 Involving the Enclave at Parkview Apartments Located at 7001 Old Decatur Road (COUNCIL DISTRICT 7) It was recommended that the City Council adopt an ordinance correcting Ordinance No. 20615- 02-2013, declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 9.2 acre tract of land situated in Tarrant County in the A. F. Albright Survey, Abstract Number 1849; situated about 7.9 miles north 25 degrees west of the Tarrant County Courthouse, Texas (Case No. AX-12- 007), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; and providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; in order to reflect the correct legal description and exhibit attachments for previously approved annexation case AX-12-007 involving the Enclave at Parkview Apartments located at 7001 Old Decatur Road (M&C PZ-3014). Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-17812 be approved and Ordinance No. 20626-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. M&C G-17813 - Authorize Transfer in the Amount of $1,530,000.00 in Unspent Bond Proceeds from the Parking Garage Capital Project Fund to the Parking Building Debt Service Fund to Cover Debt Service for the Houston Street Parking Garage and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) It was recommended that the City Council authorize transfer of unspent bond proceeds from the sale of Combination Tax and Parking Revenue Certificate of Obligation, Series 2007, in the amount of $1,530,000.00 from the Parking Garage Capital Project Fund, P259, to the Parking Building Debt Service Fund, PE62, for debt service payments; and adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Parking Building Debt Service Fund, from available funds, for the purpose of debt service payments. Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. G-17813 be approved and Appropriation Ordinance No. 20627-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 12 of 19 4. M&C G-17814 - Authorize Waiver of Various City Fees in the Approximate Amount of $30,000.00 Under an Economic Development Program for Development of a New Headquarters/Manufacturing Facility for Airbase Services Inc., Located at 4949 Amon Carter Boulevard in CentrePort Business Park (COUNCIL DISTRICT 5) It was recommended that the City Council authorize waiver of the following City fees that ordinarily would be charged in association with the development of a new headquarters/manufacturing facility for Airbase Services, Inc., located at 4949 Amon Carter Boulevard in CentrePort Business Park, through the date of issuance of a final certificate of occupancy: (i) all building permit, plan review, inspection, and re-inspection fees; (ii) all zoning fees; (iii) all temporary encroachment fees; (iv) all platting fees; and (v) all fire sprinkler and alarm permit fees; and find that the waiver of such fees constitutes an economic development program authorized by Section 380.001, Texas Local Government Code. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G-17814 be approved. The motion carried unanimously 9 ayes to 0 nays. 5. M&C G-17815 - Rescind Mayor and Council Communications C-24945 and C- 25372 and Authorize Execution of an Economic Development Program Agreement with GE Transportation or Any Affiliate for the Completion of a Locomotive Manufacturing Facility Located at 16201 Three Wide Drive_and a Mining Equipment Manufacturing Facility Located at 16202 Three Wide_Drive (COUNCIL DISTRICT 2) It was recommended that the City Council rescind Mayor and Council Communication No. C- 24945, which authorized execution of a Tax Abatement Agreement with GE Transportation for a locomotive manufacturing facility located at 12850 Three Wide Drive, now known as 16201 Three Wide Drive; rescind Mayor and Council Communication No. C-25372, which authorized execution of a Tax Abatement Agreement with GE Transportation or any affiliate for a mining equipment manufacturing facility located at 16202 Three Wide Drive; and authorize the execution of a ten-year economic development program agreement with GE Transportation or any affiliate for completion of a locomotive manufacturing facility located at 16201 Three Wide Drive and a mining equipment manufacturing facility located at 16202 Three Wide Drive. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-17815 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 13 of 19 6. M&C G-17816 - Authorize Execution of Contracts in the Amount of$800,000.00 Each with G.A. Miller Enterprise, Inc. d/b/a Glenn's Air Conditioning and Heating, InteuityTexas Construction, LTD and GTO Construction in Order to Implement the Lead-Safe Program Grant(ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the City Manager or his designee to authorize the execution of one (1) year contracts with G. A. Miller Enterprise, Inc., d/b/a Glenn's Air Conditioning and Heating, IntegrityTexas Construction, LTD, and GTO Construction for an amount up to $800,000.00 each in order to implement the Lead-Safe Program under the Lead Hazard Control Grant; authorize the City Manager or his designee to extend or renew the contracts until the end of the grant term, if necessary, for the completion of grant activities; and authorize the City Manager or his designee to amend the contracts, if necessary, to achieve program goals provided that the amendment is within the scope of the grant and program and it is in compliance with City policies and applicable laws and regulations governing the use of federal grant funds. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-17816 be approved. The motion carried unanimously 9 ayes to 0 nays. 7. M&C G-17817 - Approve Parks and Community Services Department's Fiscal Year 2013 Gas Related Revenue Project Expenditure Plan in the Amount of $1,696,048.35 and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) It was recommended that the City Council approve the Parks and Community Services Department's Fiscal Year 2013 Gas Related Revenue Project Expenditure Plan; adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of$1,696,048.35, from gas related revenue, for the purpose of funding the Fiscal Year 2013 Gas Related Revenue Project Expenditure Plan including $124,794.00 being transferred to the General Fund to offset costs for project oversight and administration. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G-17817 be approved and Appropriation Ordinance No. 20628-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 8. M&C G17818 - Authorize Acceptance of a Donation from the Friends of the Fort Worth Nature Center & Refuge, Inc., for Improvements to the Nature Center & Refuge's Interpretive Signage Program Valued at $25,000.00, Via a Grant from the Meta Alice Keith Bratten Foundation in Honor of William W. Meadows (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 14 of 19 It was recommended that the City Council authorize the acceptance of a donation from the Friends of the Fort Worth Nature Center & Refuge, Inc., for improvements to the Nature Center & Refuge's Interpretive Signage Program valued at $25,000.00, via a grant from the Meta Alice Keith Bratten Foundation in honor of William H. Meadows. Ms. Adelaide Leavens, Meta Alice Keith Bratten Foundation, appeared before Council and provided a brief overview of the foundation. Mr. Richard Shepard, President, Friends of the Fort Worth Nature Center, 3216 Preston Hollow Road, appeared before Council in support of Mayor and Council Communication No. G-17818. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-17818 be approved with appreciation. The motion carried unanimously 9 ayes to 0 nays. 9. M&C G-17819 - Authorize Application for and Acceptance of, if Awarded, a Grant from the Texas State Library and Archives Commission in the Amount Up to $75,000.00 for the Library Department's Year Round Reading Program, Authorize Execution of a Grant Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the application for and acceptance of, if awarded, a grant from the Texas State Library and Archives Commission for the Library Department's Year Round Reading Program, year September 1, 2013, through August 31, 2014, in the amount up to $75,000.00; authorize the execution of a Grant Agreement with the Texas State Library and Archives Commission relating to the grant; and adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of a grant. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G-17819 be approved and Appropriation Ordinance No. 20629-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M&C C-26116 - Authorize a Third Two-Year Extension to the Interlocal Agreement Between the Dallas/Fort Worth International Airport Board and the City of Fort Worth to Provide Gas Well Inspector Service at .Dallas/Fort Worth International Airport(ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19,2013 Page 15 of 19 It was recommended that the City Council authorize a third two-year extension to the Interlocal Agreement between the Dallas/Fort Worth International Airport Board and the City of Fort Worth to provide gas well inspector service at Dallas/Fort Worth International Airport. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-26116 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M&C C-26117 - Authorize Execution of a Contract with The Fain Group, Inc., in the Amount of $1,227,222.50 for the Construction of Pedestrian and Streetscape Improvements in the Magnolia Urban Village on Hemphill Street Between Oleander Street and Allen Street, Authorize Acceptance of $175,000.00 from the Southside Tax Increment Financing District No. 4 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the execution of a contract with The Fain Group, Inc., in the amount of $1,227,222.50 for construction of pedestrian and streetscape improvements in the Magnolia Urban Village on Hemphill Street between Oleander Street and Allen Street; authorize the acceptance of a $175,000.00 contribution from the Southside Tax Increment Financing District No. 4, Southside TIF, for construction-related expenses; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Project Fund, from available funds, for the purpose of funding construction related expenses. Motion: Council Member Burns made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. C-26117 be approved and Appropriation Ordinance No. 20630-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. M&C C-26118 - Authorize Submission of a Letter of No Obiection to the U.S. Foreign-Trade Zones Board to Allow for Foreign-Trade Zone Activation at the Lasko Products, Inc., Facilities Located at 1700 Meacham Boulevard, 4925 Pylon Street, and 4600 Blue Mound Road, and Authorize Execution of an Economic Development Incentive Agreement, Payment in Lieu of Taxes, with Lasko Products, Inc. (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the submission of a Letter of No Objection to the U.S. Foreign-Trade Zones Board allowing for Foreign-Trade Zone tax-exemption at three (3) facilities located at 1700 Meacham Boulevard, 4925 Pylon Street, and 4600 Blue Mound Road; and authorize the execution of a payment in lieu of taxes agreement with Lasko Products, Inc. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19,2013 Page 16 of 19 Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-26118 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M&C C-26119 - Adopt Resolution Authorizing the Execution of a Funding Agreement with the Texas Department of Transportation in the Amount of $4,204,471.00 for Construction of the Riverside Bridge Over Fossil Creek and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) It was recommended that the City Council adopt a resolution authorizing the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of$4,204,471.00 for construction of a four-lane Riverside Drive Bridge over Fossil Creek; authorize acceptance of State Regional Toll Revenue Grant Funds in the amount of$3,363,577.00 via the TxDOT to be applied towards the project; authorize the transfer in the amount of $840,894.00 from the Street Improvements 2008 Fund to the Grant Capital Projects Fund to be applied towards the City's match; and adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of$4,204,471.00, subject to receipt of funds for the project. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C-26119 be approved and Resolution No. 4183-02-2013 and Appropriation Ordinance No. 20631-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M&C C-26120 - Authorize Execution of a Contract with Conatser Construction TX, LP in the Amount of $1,505,525.00 for Water and Sanitary Sewer Main Relocations on West Vickery Boulevard, South Jennings Avenue, Lipscomb Street and West Daggett Avenue, Provide for Project Costs and Contingencies for a Project Total of $1,591,691.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the transfer in the amount of$1,654,691.00 from the Water and Sewer Fund in the amounts of $556,309.00 to the Water Capital Projects Fund and $1,098,382.00 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 water and sanitary sewer main relocations on Vickery Boulevard, Jennings Avenue, Lipscomb Street and West Daggett Avenue and adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds for the same purpose as stated above; and authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$1,505,525.00. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 17 of 19 Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-26120 be approved and Appropriation Ordinance Nos. 20632-02-2013 and 20633-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 6. M&C C-26121 - Authorize Execution of Contract with Conatser Construction TX, LP in the Amount of $1,000,000.00 for Water Main Replacements Contract No. 2013B at Various Locations Throughout the City of Fort Worth, Provide for Proiect Costs and Contingencies for a Proiect Total in the Amount of $1,149,300.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the transfer in the amount of$1,149,300.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of Water Main Replacement Contract 201313; and authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$1,000,000.00 for the project. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-26121 be approved and Appropriation Ordinance No. 20634-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 7. M&C C-26122 - Authorize Application for and Acceptance of, if Awarded, a Grant from the Texas Department of Agriculture in the Amount Up to $800,500.00 for the 2013 Summer Food Service Program, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the application for and acceptance of, if awarded, a grant from the Texas Department of Agriculture in the amount up to $800,500.00 for the 2013 Summer Food Service Program; apply an indirect cost rate of 19.18 percent, which is the most recently approved rate for the Department, and apply the newly approved indirect rate when available; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund, subject to receipt of a grant. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-26122 be approved and Appropriation Ordinance No. 20635-02-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 18 of 19 XV. ZONING HEARING Mayor Price opened the public 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 January 30, 2013. 1. ZC-13-015 - (CD 5) - International House of Prayer/James Howard, 4104 Martin Street, from: "A-5" One-Family to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) Motion: Council Member Moss made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC-13-015 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. SP-13-001 - (CD 6) - Wal Mart Real Estate Business Trust, 7451 McCart Avenue; from: "PD-341" for Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus auto repair and outside storage/display including landscaping per submitted landscape plan; monument signs not to exceed 10 ft. _high on McCart Avenue and 25 ft. high on Sycamore School Road; hours of delivery 6 am to 12 midnight, 10 inch curb height along rear delivery area and outside storage to be no higher than 12 ft. within the parking lot storage area as designated on the site plan, site plan required. to: Amend "PD-341" site plan to add structure (Recommended for Approval by the Zoning Commission) Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket No. SP-13-001 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. ZC-13-032 - (CD 6) - Railhead TX LP, 7701 Crowley Road; from: 11PD-723" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus mini-warehouses and excluding the following uses: tattoo and massage parlors, retail liquor stores, bar or lounge, hours of operation 8 am to 7 pm, electronically secured gate 7 am to 11 pm; site plan required to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) Mr. Coy Quine, 301 South Sherman, Suite 100, Richardson, Texas 75081, appeared before Council in support of Mayor and Council Communication No. ZC-13-032. (displayed photographs) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2013 Page 19 of 19 Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-13-032 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 Shingleton, that the hearing be closed and that Ordinance No. 20636-02-2013 be adopted. The motion carried 9 ayes to 0 nays. XVI. PUBLIC HEARING 1. Public Hearing at the Request of Lena Ellis per Chapter V, Section 3 of the City Charter Mayor Price stated: "Let the record reflect that the chair has acknowledged Ms. Ellis who is not present. However, we have received a written reply to the written statement by the City Manager of the reason for her removal. This reply was submitted in lieu of the public hearing. Per the City Charter, the statement of the City Manager and the reply of Ms. Ellis would be filed as a public record in the Office of the City Secretary." Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays. XVII. CITIZEN PRESENTATIONS There were no Citizen Presentations. XVII E_ XECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B I. XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 10:43 a.m. These minutes approved by the Fort Worth City Council on the 5th day of March, 2013. Attest: Approv ary J. K etsy Price City Secret Mayor