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HomeMy WebLinkAbout2013/04/16-Minutes-City Council CITY OF FORT NORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 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 10:05 a.m. on Tuesday, April 16, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, II. INVOCATION - Pastor Victor Sullivan, Lamb of God Church The invocation was provided by Pastor Victor Sullivan, Lamb of God Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 9. 2013 Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that the Minutes of the Regular meeting of April 9, 2013, be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 2 of 19 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication Nos. L-15535 and L-15537 be withdrawn from the Consent Agenda for individual consideration. V1. ITEiNIS TO BE CONTINL ED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that the Consent Agenda be approved as amended. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M&C G-17860 - Approve Findings of the Ground Transportation Coordinator RejZardin2 Application of Limo Valet, LLC, to Operate Five Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: The public necessity and convenience require the operation of five limousines upon the City streets, alleys and thoroughfares; Limo Valet, LLC, is qualified and financially able to conduct a limousine service within the City; Limo Valet, LLC, has complied with the requirements of Chapter 34 of the City Code; Limo Valet, LLC, presented facts in support of compelling demand and necessity for five limousines; the general welfare of the citizens of the City will best be served by the addition of five limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20699-04-2013, granting the privilege of operating authority to Limo Valet, LLC, for the use of the streets, alleys, and public thoroughfares of the city in the conduct of its limousine business, which shall consist of the operation of five (5) limousines, for a one (1) year period beginning on the effective date; providing for written acceptance by Limo Valet, subject to and conditioned on Limo Valet, LLC, complying with all requirements of Chapter 34, Article V1 of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 3 of 19 2. M&C G-17861 - Adopt Appropriation Ordinance and Authorize Payments to The Active Network in the Amount of $6,000.00 and to the Fort Worth Parks and Community Services Sports Advisory Council, Inc., in the Amount of $26,500.00 for Revenue Share Commitments Generated from Sponsorship Fees from Coca- Cola Bottling Company (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20700-04-2013, increasing the estimated receipts and appropriations in the General Fund in the amount of S32,500.00, from available funds, for the purpose of revenue share commitments from revenue generated from sponsorship fees from Coca-Cola Bottling Company; authorize payment to The Active Network in the amount of S6,000.00; and authorize payment to Fort Worth Parks and Community Services Sports Advisory Council, Inc., in the amount of$26,500.00. 3. M&C G-17862 - Approve Extension of Injury Leave-of-Absence Pay Benefits in the Amount of$48,610.60 for Police Officer Julio Argueta Beginning May 4, 2013 and Extending Through February 4, 2014 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a nine month extension of injury leave-of-absence pay benefits in the amount of $48,610.60 for Police Officer Julio Argueta beginning May 4, 2013, and extending through February 4, 2014. 4. M&C G-17863 - Authorize Change in Scope in the Fiscal Year 2013 Crime Control and Prevention District Fund to Revise the Leased Vehicle Program to Include the Purchase of Used Vehicles (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a change in scope in the Fiscal Year 2013 Crime Control and Prevention District Fund to revise the leased vehicle program to include the purchase of used vehicles. 5. M&C G-17864 - Authorize Acceptance of a Training Tuition Grant from the Texas Intrastate Fire INlutual Aid System Grant Assistance Program Managed by the Texas A&NI Forest Service in the Amount of$1,250.00 for Reimbursement for Wildfire Training and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of a Training Tuition Grant from the Texas Intrastate Fire Mutual Aid System Grant Assistance Program managed by the Texas A&M Forest Service in the amount of 51,250.00 for the reimbursement of costs for a wildfire training course provided by Texas Wildfire Association conducted from January 7, 2013, to January 9, 2013, for five firefighters; and adopt Appropriation Ordinance No. 20701-04-2013, increasing the estimated receipts and appropriations in the Grants Fund in the amount of S 1,250.00, subject to receipt of the grant. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 4 of 19 6. M&C G-17865 - Authorize the Refund and Transfer of Excess Funds from the Police Air Support Hangar Design Project in the Amount of$63,743.76 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20702-04-2013, increasing estimated receipts and appropriations in the Airport Gas Lease Project Fund in the amount of$13,100.21, from available funds, for the purpose of transferring said funds to the Crime Control and Prevention District Fund for construction cost for the Police Air Support Hangar at Meacham International Airport; and authorize the refund and transfer of excess funds from the Police Air Support Hangar Design Project in the amount of$63,743.76. 7. M&C G-17866 - Authorize Execution of a Non-Federal Reimbursable Agreement with the Federal Aviation Administration in the Amount Not to Exceed $549,989.11 for the Remote Transmitter/Receiver Relocation Project at Fort Worth Meacham International Airport, Authorize Acceptance of $549,989.11 from Richardson Aviation, Authorize Execution of a Reimbursement Agreement with Richardson Aviation, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a Non- Federal Reimbursable Agreement with the Federal Aviation Administration in the amount not to exceed $549,989.11, as part of the Remote Transmitter/Receiver Relocation project at Fort Worth Meacham International Airport; authorize a payment to the Federal Aviation Administration in the amount of$549,989.11 to fund the project; authorize the acceptance of a contribution from Richardson Aviation in the amount of $549,989.11 to fund the project; authorize the execution of a Reimbursement Agreement with Richardson Aviation in the amount up to $549,989.11; and adopt Appropriation Ordinance No. 20703-04-2013, increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $549,989.11, contingent upon the receipt of the contribution from Richardson Aviation for the purpose of executing a non-federal reimbursable agreement with the Federal Aviation Administration. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11513 - Authorize Purchase of Emergency Generator from Loftin Equipment Company Inc., in the Amount of$412,415.00 for the North Side Pump Station (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the purchase of an emergency generator from Loftin Equipment Company Inc., in the amount of $412,415.00 for the North Side Pump Station. CITY OF FORT NVORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 5 of 19 2. M&C P-11514 - Authorize Purchase Agreement with Tangoe Inc., in the Amount Up to $169,000.00 for Consulting Services for Telecommunication Expense Management in the First Year and Up to $84,000.00 Annually Thereafter (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase Agreement with Tangoe Inc., in the amount up to $169,000.00 in the first year and up to $84,000.00 annually thereafter for Consulting Services for the historical audit and ongoing Telecommunication Expense Management. 3. M&C P-11515 - Authorize Purchase Agreement with F.S. Brainard & Company in the Amount Up to $100,000.00 for Wireless Data Loggers and Maintenance Parts for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase Agreement with F.S. Brainard & Company in the amount up to $100,000.00 for wireless data loggers and maintenance parts for the Water Department. 4. M&C P-11516 - Authorize Purchase Agreement with Leteo Group, LLC, in the Amount Up to $102,300.00 for Organic Biofilter Media for the Water Department (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize a purchase Agreement with Letco Group, LLC, in the amount up to $102,300.00 for organic biofilter media for the Water Department. 5. M&C P-11517 - Authorize Purchase of a Trailer Mounted Sewer Jetter from CLS Sewer Equipment Company, Inc., in the Amount of 851,117.68 Using a Cooperative Contract for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a trailer mounted sewer jetter from CLS Sewer Equipment Company, Inc., in the amount of$51,117.68, using the Houston Galveston Area Council Cooperative Contract No. SCO1-12 for the Water Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 6 of 19 C. Land - Consent Items 2. M&C L45536 - Amend Mayor and Council Communication L-15398 to Lower the Purchase Price from $33,332.86 to $1,000.00 for the Direct Sale of Tax- Foreclosed Property Located at 1820 South Cravens Road to the Fort Worth Housing Finance Corporation for the Development of Low or Moderate Income Housing (COUNCIL DISTRICT 5) The City Council approved the following recommendation: It is recommended that the City Council amend Mayor and Council Communication L-15398, to lower the purchase price from $33,332.86 to $1,000.00 for the direct sale of tax-foreclosed property located at 1820 South Cravens Road to the Fort Worth Housing Finance Corporation for the development of low or moderate income housing. D. Planning & Zoning- Consent Items I. M&C PZ-3019 - Adopt Ordinance Vacating an Alley Between Kimzey Street and Smiley Street to Galen Medical, LLC, for the Development of a Medical Office Building (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Ordinance No. 20704-04- 2013, vacating and extinguishing all of a 12-foot wide alley between Kimzey Street and Smiley Street, situated in the T. White Survey, Abstract No. 1636 in the City of Fort Worth, located in block 11, Brooklyn Heights Addition, an addition to the City of Fort Worth, containing approximately 0.088 acre of land to Galen Medical, LLC, for the development of a medical office building; and waive any and all purchase fee value of the vacated land in accordance with City Policy (Mayor and Council Communication G-15624). E. Award of Contract- Consent Items I. M&C C-26199 - Authorize Execution of a Professional Services Agreement with Halff Associates, Inc., in the Amount Not to Exceed $400,000.00 for Drainage Design Review Services, Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $400,000.00 Decreasing the Available Cash Balance by the Same Amount and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20705-04-2013, increasing the estimated receipts and appropriations in the Stormwater Utility Fund in the amount of$400,000.00, decreasing the available cash balance by the same amount, for the purpose of drainage design review services; and authorize the execution of a professional services agreement with Halff Associates, Inc., for an amount not to exceed $400,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 7 of 19 2. M&C C-26200 - Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $562,000.00 and Decreasing the Assigned Culture and Tourism Fund Balance by the Same Amount, Authorize Execution of a Contract with Johnson Controls, Inc., in the Amount of $476,951.00 to Renovate the Auditorium Air Handler and Provide Chilled and Hot Water Pump Redundancy at the Will Rogers Memorial Center and Provide for Contingency and Staff Costs for a Total Project Cost in the Amount of$562,000.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20706-04-2013, increasing the estimated receipts and appropriations in the Culture and Tourism Fund in the amount of 5562,000.00 and decreasing the assigned Culture and Tourism fund balance by the same amount, for the purpose of renovating the auditorium air handler and providing chilled and hot water pump redundancy at the Will Rogers Memorial Center; and authorize the execution of a contract with Johnson Controls, Inc., in the amount of S476,95 1.00, using Texas Multiple Award Schedule Contract No. TXMAS-6-840160. 3. M&C C-26201 - Adopt Ordinance to Reappoint Substitute Municipal Judges for a One-Year Term Commencing April 1, 2013 and Ending March 31, 2014 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 20707-04- 2013, reappointing Kim Marie Catalano, Ann Y. Collins, LaTorya A. Fowler, Laura E. Ganoza, Faye R. Harden, Carla G. Kelman, Constance Langston, Nancy A. Magee, Patricia L. Summers, Edward B. Valverde and Nicole B. Webster as Substitute Municipal Judges for a one-year term commencing April 1, 2013, and ending March 31, 2014, or until a successor is qualified and appointed, in accordance with state law. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1884 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 8 of 19 C. Land - Consent Items — Removed from the Consent Agenda for Individual Consideration 1. M&C L-15535 - Authorize Direct Sale of a Tax-Foreclosed Property Located at 0 Bell Spur to Bell Helicopter 'Textron [tic., in the Amount of $46,810.75, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 5) It was recommended that the City Council: Authorize the direct sale of a tax-foreclosed property described as 22.178 acres out of the AB Howerton Survey, Abstract 677 aka Tract 2C and Abstract 176 aka Tract 2D, 0 Bell Spur to Bell Helicopter Textron Inc., in the amount of $46,810.75, 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. City Secretary Kayser advised that Mayor and Council Communication M&C L-15535 would be corrected by adding a map attachment showing that Chesapeake Land Development was the owner of the 14 acre tract of land. (The prior map inadvertently reflected that Bell Helicopter owned the 14 acre tract of land shown in the most southern blue boundary.) Motion: Council Member Moss made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-15535 be continued to April 23, 2013 Council meeting. The motion carried unanimously 9 ayes to 0 nays. 3. M&C L-15537 - Authorize Sale of Thirty-One Tax-Foreclosed Properties, in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the "Texas Property Tax Code in the Amount of $175,658.88 (COUNCII., DISTRICTS 2, 4, 5, 8 and 9) It was recommended that the City Council: Authorize the sale of 31 tax-foreclosed properties in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Property Code, in the amount of $175,658.88; and authorize the execution and recording of the appropriate instruments conveying the properties to complete the sale. City Secretary Kayser advised that Mayor and Council Communication M&C L-15537 was amended to reflect the following: Instead of 31 properties, only 30 properties will be sold - 1315 Jefferson Avenue (CD8) will be removed from the sale of foreclosed properties Exhibit A. The sales price should be reduced from $175,658.88 to $174,808.88. Motion: Council Member Allen Gray made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. L-15537 be approved as amended. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 9 of 19 IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation on Mayfest, Inc. Ms. Elizabeth Basham, representing Mayfest Inc., appeared before Council and expressed her appreciation to the Mayor and Council for the opportunity to speak about Mayfest that would occur May 2, 2013, through May 5, 2013. She stated that emergency preparedness was the major focus of Mayfest for 2013. She added that Mayfest Inc. had been in contact with the Fire and Police Departments to ensure that any emergency would be handled confidently. She also provided a brief PowerPoint presentation to the Council that highlighted various events that would take place during Mayfest. 2 Proclamation for National Osteopathic Nedicine Week Council Member Shingleton presented a proclamation for National Osteopathic Medicine Week to John Meyers, Russell Wier and Lindsey Welch, who were second year students from Texas College of Osteopathic Medicine (TCOM). He stated that there were currently more than 100,000 osteopathic physicians and osteopathic medical students in the United States who had made tremendous contributions to the American health care system, since osteopathic medicine was founded in 1874 by Dr. Andrew Taylor Still, DO. He added that DOs were fully licensed to prescribe medicine and practice in all specialty areas of medicine, including surgery, and were trained to consider the health of the whole person. He pointed out that they had treated numerous people from U.S. Presidents to Olympic athletes, contributed to the fight against AIDS, as well as the fight for civil rights, in addition to serving on nationwide healthcare panels and boards. He further added that the University of North Texas Health Science Center trained the osteopathic physicians of tomorrow at the TCOM, one of the nation's distinguished graduate institutions, and has, throughout four (4) decades of growth and expansion, explored and taught the promotion of good health, not just the treatment of disease. He pointed out that TCOM was unique among Texas' nine (9) medical schools through its applications-based medical school curriculum, cutting-edge research, quality patient care, dedication to rural medicine and outstanding student performance, in both academic and clinical studies. He stated that they encouraged all citizens of Fort Worth to recognize the need for osteopathic physicians, who were committed to improve the health of Americans, regardless of age, income level or ethnicity. Mr. Meyers expressed his appreciation to the Mayor and Council. He stated that osteopathic medicine sent physicians into every medical specialty, with a specific emphasis on primary care, which was most needed in the country right now. He added that greater than 60% of osteopathic graduates would go into primary fields of medicine such as pediatrics, geriatrics and family medicine. He stated that in addition there was osteopathic manipulative medicine, which was a hands-on approach and unique to this particular field of medicine and helped give a personal approach with a patient. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 10 of 19 X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcomin., and Recent Events Council Member Burns announced that the Main Street Arts Festival would be held from April 18, 2013, through April 21, 2013 in downtown Fort Worth. He stated that more information regarding the event was available at www.mainstreetartsfest.org and he invited all citizens to attend. He also announced that there would be a west Nile virus meeting on April 18, 2013, at 6:30 p.m. at the Fort Worth Botanic Gardens. He stated on Saturday, April 20, 2013, the 16th Annual Zoo Run would take place and that proceeds would support conservation efforts for animals locally and around the world. He encouraged all citizens to attend the run. He added that there would be a 5k, 5k Fun Run and a 1 k Fun Run with an estimated 6,000 participants and the route would take runners through the neighborhoods and around the zoo. He stated additional information could be obtained at www.fortworthzoo.org. He also announced that he and Mayor Price would participate in the bike kickoff for the Bike Sharing Program that would go live on Monday, April 22, 2013, at 10:00 a.m. at Burnett Park and he invited all to attend. Council Member Espino announced that on Saturday, April 20, 2013, from 12:00 p.m. to 7:00 p.m., at La Grave Field, located at 301 NE 6th Street, an event called Dreaming the Cure would be held. He stated that this was the 4th Annual Car, Truck and Bike show that benefitted Cook Children's Medical Center for Brain Tumor Research. He stated that this was an event with live music and fellowship to raise funds to address brain tumors in children and funding cures and research on that issue. He stated for more information contact Mr. Gino Ayala at 817-714-0158. Council Member Moss announced that on Saturday, April 20, 2013, from 10:00 a.m. to 12:00 p.m., at the Ebenezer Missionary Baptist Church Brighter Outlook Center, located at 1901 Amanda Avenue, there would be a meeting to review the Cavile Place and the Historic Stop Six Neighborhood Transformation Plan. He encouraged everyone interested to attend this meeting. Council Member Allen Gray expressed her appreciation to everyone who came out and participated in the District 8 Fit Walk on April 13, 2013. Council Member Jordan announced that on Friday, April 19, 2013, at 12:00 p.m. there would be a ribbon cutting for the long awaited extension of Summer Creek between McPherson and Risinger and the new roundabout would be opened. He also announced that on Saturday, April 27, 2013, from 10:00 a.m. to 2:00 p.m., the South Division of the Police Department, Neighborhood Patrol Officers and Citizens on Patrol would hold the Annual Community Safety Fair in the Aldi parking lot at the corner of McCart and Sycamore School Road. He invited all citizens to attend. Mayor Price announced that there would be a rolling town hall in District 6 on Wednesday, April 17, 2013, at 5:30 p.m. at Candleridge Park, located at 4301 French Lake Drive. Mayor Pro tem Zimmerman announced that on Friday, April 26, 2013, at 10:00 a.m., there would be a ribbon cutting for the Clear Fork Bridge. He stated that this would open up another avenue to travel back and forth from Bryant Irvin Road to Hulen Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 11 of 19 2 Recognition of Citizens There were no citizens recognized at this time. I. Approval of Ceremonial "Travel There was no approval necessary of ceremonial travel. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in 1lembership on Boards and Commissions Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton that Bruce Cox be appointed to Place 3 on the City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees, with a term expiring, October 1, 2013. The motion carried unanimously 9 ayes to 0 nays. XII. PRESENTATIONS AND/OR CONINIUN[CATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIII. REPORT OF THE CITY MANAGER B. General 1. M&C G-17857 - Adopt Fort Worth Permanent Fund Investment Policy and Strateay (ALI. COUNCIL DISTRICTS) (Continued from a Previous Meeting) It was recommended that the City Council adopt the Fort Worth Permanent Fund Investment Policy and Strategy. Motion: Mayor Pro tem Zimmennan made a motion, seconded by Council Member Burns that Mayor and Council Communication No. G-17857 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 12 of 19 2 M&C G-17867 - Authorize Settlement in a Lawsuit Entitled Cecilia Jacobs v. City° of Fort Worth, et al; Cause No. 067-254044-11 in Tarrant County, Texas in the Amount of $99,000.00 and Approve Payment in the Amount of $1,125.00 in Mediation Costs (ALL. COUNCIL DISTRICTS) It was recommended that the City Council authorize the settlement of the above-referenced lawsuit; authorize payment in the amount of $99,000.00 to Cecilia Jacobs and her attorneys in full and final settlement of the referenced suit; approve payment in the amount of $1,125.00 in mediation costs; and authorize the appropriate City personnel to execute the releases and agreements necessary to complete the settlement. Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-17867 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C G.47868 - Adopt Resolution DeshmatinQ Temporary Special Event Parking for Colonial Professional Golf Tournament Home Games of Texas Christian Universitv, Armed Forces and NCAA Bowl Games, as Authorized by Section 22.160(d) of the Code of the City of Fort Worth (AL.L, COUNCIL DISTRICTS) It was recommended that the City Council adopt a resolution, designating temporary special event parking, in accordance with Section 22.160(d) of the City Code, to allow front and side yard parking, as long as compliance is maintained, with all other provisions of the City Code and owners manage the yard parking to prevent blocking of sidewalks, roadways or neighbors' driveways, trespassing, littering and public nuisances and ensure that no property belonging to neighbors or the public is damaged during the following events: The Colonial Professional Golf Tournament - areas within a radius of two miles from the perimeter of the Colonial Golf Course; all scheduled home games of Texas Christian University - areas within a two mile radius of the stadium; and The Armed Forces Bowl and any other NCAA bowl games - areas within a two mile radius of the stadium. Mr. Michael Appleman, 2600 Highview Terrace, completed a comment card in support of Mayor and Council Communication No. G-17868. Motion: Mayor Pro tem Zimmennan made a motion, seconded by Council Member Burns, that M&C No. G-17868 be approved and Resolution No. 4197-04-2013 be adopted as amended, by changing the first bullet on the resolution to reflect "The Crown Plaza Invitational and other professional golf events that occur at the Colonial Golf Course were designated for temporary special events for yard parking." The motion carried 9 ayes to 0 nays. Mayor Pro tem Zimmennan stated that he wanted to ensure that the citizens understood that yard parking would continue as long as the citizens who were parking in the yards would abide by the guidelines set forth in the resolution. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 13 of 19 4. NI&C G-17869 - Authorize Acceptance of a Donation from the Friends of the Fort Worth Nature Center & Refuge Inc. in the Amount of $12,500.00 for Improvements to the 1lardNvicke Interpretive Center at the Fort Worth Nature Center & Refuge and Adopt kppropriation Ordinance (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the acceptance of a monetary donation from the Friends of the Fort Worth Nature Center & Refuge, Inc., in the amount of$12,500.00 to fund improvements to amenities at the Hardwicke Interpretive Center at the Fort Worth Nature Center & Refuge; and adopt an appropriation ordinance, increasing the estimated receipts and appropriations in the General Fund in the amount of $12,500.00, subject to the receipt of the donation. Council Member Shingleton recognized Mr. Bill Richardson and Ms. Susan Tuttle. Mr. Richard Shepherd, 3216 Preston Hollow Road, appeared before Council in support of Mayor and Council Communication No. G-17869. Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-17869 be approved, with appreciation and Appropriation Ordinance No. 20708-04-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. D. Land 1. Al&C L-15538 - Conduct a Public Hearing, and Authorize Subsurface Drilling, and Extraction of Natural Gas Under a Portion of Lincolnshire Park from an Off-Site Location (COUNCIL DISTRICT 6) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing, pursuant to Chapter 26 of the Texas Parks and Wildlife Code, "Protection of Public Parks and Recreational Lands" to allow for the subsurface drilling and extraction of natural gas under Lincolnshire Park located at 1429 Horncastle Street, Mapsco 1048, South and East of Horncastle Street and Eastview Street; find that no feasible or prudent alternative exists for the extraction of natural gas under Lincolnshire Park; find that the proposed use includes all reasonable planning to minimize harm to Lincolnshire Park and that the proposed use will not impact the use of the land as a park, and close the public hearing and authorize the subsurface use of parkland for the drilling and the extraction of natural gas. 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 14 of 19 b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that the public hearing be closed and Mayor and Council Communication No. L-15538 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M&C L.-15539 - Conduct a Public 1learinm and Authorize Subsurface Drillinm and Extraction of Natural Gas Linder Paz Hernandez Park from an Off-Site Location (COUNCIL DISTRICT 2 ) (PUBLIC HEARIN(;) It was recommended that the City Council conduct a public hearing, pursuant to Chapter 26 of the Texas Parks and Wildlife Code, "Protection of Public Parks and Recreational Lands" to allow for the subsurface drilling and extraction of natural gas under Paz Hernandez Park located at 3515 Ellis Avenue, Mapsco 48X, South of 36th Street, West of Ellis Avenue and East of Houston Street; find that no feasible or prudent alternative exists for the extraction of natural gas under Paz Hernandez Park; find that the proposed subsurface use includes all reasonable planning to minimize harm to Paz Hernandez Park and that the proposed subsurface use will not impact the use of the land as a park; and close the public hearing and authorize the subsurface use of parkland for the drilling and the extraction of natural gas. 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 Mayor and Council Communication No. L- 15539 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 15 of 19 F. Award of Contract 1. NI&C C-26202 - Authorize Execution of a Five-Year Tax Abatement Agreement with Fite Builders I.A,C, for Property Located at 1711 5th Avenue in the ;Magnolia Village Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Fite Builders LLC, for the property at 1711 5th Avenue in the Magnolia Village Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C-26202 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M&C C-26203 - Authorize Execution of a Five-Year Tax Abatement Agreement with Cesar Velazco for Propertv Located at 4009 Wheeler Street in the Riverside Neighborhood Empowerment Zone (COUNCIL DISTRICT 4) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Cesar Velazco for the property at 4009 Wheeler Street in the Riverside Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C-26203 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. NI&C C-26204 - Authorize Application for and Acceptance of, if Awarded, _a Grant from the Federal :kviation Administration in the Amount of 51,200,000.00 for Airport Improvements at Fort Worth Alliance airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the application for and acceptance of, if awarded, a grant from the Federal Aviation Administration in the amount of $1,200,000.00, to design and construct airfield perimeter fence rehabilitation and closed circuit television security improvements, automated surface observing system relocation, airport rescue and firefighting tower emergency telephone, pavement joint rehabilitation on runways, taxiways and aprons, and conduct a wildlife hazard assessment for Fort Worth Alliance Airport, authorize the use of land credits in the amount of $133,333.33 for the City's in-kind local match of ten percent of the project cost; and adopt an appropriation ordinance, increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of$1,333,333.33, subject to receipt of the grant. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 16 of 19 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C-26204 be approved and Appropriation Ordinance No. 20709-04-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. M&C C-26205 - Authorize Application for and Acceptance of, if Awarded, a Grant from the Federal Aviation Administration in the Amount of$20,000,000.00 for the Runway Extension Project at Fort Worth Alliance Airport and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the application for and acceptance of, if awarded, a grant from the Federal Aviation Administration in the amount of$20,000,000.00 for the Runway Extension Project at Fort Worth Alliance Airport; authorize the use of land credits in the amount of $2,222,222.22 for the City of Fort Worth's in-kind local match of ten percent of the project cost; and adopt an appropriation ordinance, increasing the estimated receipts and appropriations in the Airport Grants Fund in the amount of$22,222,222.22, subject to receipt of the grant. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-26205 be approved and Appropriation Ordinance No. 20710-04-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. XIV. PUBLIC HEARING 1. First Public tlearinp, for a Proposed Owner-Initiated Annexation of Approximately 390.5 Acres of Land in Parker County, Located North of Interstate 20 and East of FM 1187/1'armer Road (AX-13-002 Walsh Ranch) Mayor Price opened the public hearing. a. Report of Citv Staff Ms. Allison Gray, Planning Manager, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There were no citizen comments. C. Council Action Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 17 of 19 XV. ZONING HEARING Mayor Price opened the public hearing. 1. ZC-12-130 - (CD 2) - Trinidad iylinistrie4 Foundation, Inc., 3005 Oscar Avenue; from: "A-5" One-Family to: "PD/A-5" Planned Development for all uses in "A- 5" One-Family plus two independent accessory living units within existinp, church building for church related uses; site plan waiver recommended. (Recommended for Approval by the Zonint„ Commission) (Continued from a Previous Meeting) The City Council at its regular meeting of April 2, 2013, continued ZC-12-130. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-12-130 be continued to May 7, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 2. ZC-13-009 - (CD 2) - Lefjend Bank, Tarrant Countv Water District, 1351, 1801, 1811 E. Northside Drive; from: "0-1" Floodplain, "PD-399" Planned Development/Specific Use for all uses in "F" General Commercial except certain prohibited uses and allowing limited uses will be permitted: Property development standards will be the same as set forth in the "F district except for height. A height of 5 stories or 75 feet maximum shall be permitted if approved on the required site plan, and "PD-717" Planned Development/Specific Use for all uses in "F" General Commercial phis hotel, permitting a parkinp- area or 2ara2e as Ion( as it is in conjunction with or auxiliary to an onsite business, a temporary residence for security purposes, a temporary trailer used for construction storap,e purposes, a bar, tavern, or cocktail lounge if such use is a part of or in connection with a hotel, motel, or restaurant. Property development standards will be the same as set forth in the "F district except for height. A height of 5 stories or 75 feet maximum shall be permitted; site plan required, and excluding certain uses to: "PD/D" Planned Development for all uses in "D" High Density Multifamily; site plan included. (Recommended for Approval by the Zoning; Commission) (Continued from a Previous ;Meeting) The City Council at its regular meeting of April 2, 2013, continued ZC-13-009. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-13-009 be continued to May 14, 2013 Council meeting. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 18 of 19 3. ZC-13-036 - (CD 2) - Dale Heflin, 1290/1394 Cantrell Sansom Road; from: "I" Light Industrial to: "K" Heavy Industrial (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its regular meeting of April 2, 2013, continued ZC-13-036. Mr. Randal Johnson, 405 West Loop 820 South, completed a speaker card in support of Zoning Docket No. ZC-13-036, but did not wish to speak. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-13-036 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. ZC-13-041 - (CD 6) - 1CP Trust, et al, 9605 Old Granbury Road; from: "C" Medium Density Multifamily and "F." Neighborhood Commercial to: "G" Intensive Commercial (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meetin<O The City Council at its regular meeting of April 2, 2013, continued ZC-13-041. Council Member Jordan stated that the future land use plan for the parcel showed it as "E" Neighborhood Commercial and he understood that there was "G" Intensive Commercial immediately across the street and that it was Greenfield Development. He further stated that he did not see where the multifamily was in the parcel. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that the multifamily was directly south of the site. Council Member Jordan asked if the multifamily was a part of the site regarding this case. Ms. Burghdoff clarified that it was not, there was just a sliver that was zoned "C" Medium Density Multifamily on the western edge of the property, which was why it was showed as being rezoned from "C" and "E" but that the vast majority was currently zoned "E" Neighborhood Commercial. Council Member Jordan stated that his concern was what kind of uses could be constructed on the tract of land that was being considered today, since it was a narrow piece of land. Ms. Burghdoff clarified that in addition to office, service uses, and retail that would be allowed in "E" today, that this would add more intense height. She stated that this would have a 120 foot height limit instead of a 45 height limit, but you would also bring in more intensive uses like auto related uses, bars, hotels, etc., would also be allowed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 16, 2013 Page 19 of 19 Council Member Jordan asked if it was deep enough for a hotel. Ms. Burghdoff stated that she did not know if it was deep enough for a hotel but that it looked to be an estimated 400 feet to 450 feet deep and that typically you would see 500 feet or more for a hotel. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-13-041 be approved as amended to change the zoning from "C" Medium Density Multifamily and "E" Neighborhood Commercial to "E" Neighborhood Commercial. The motion carried 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 Zimmerman made a motion, seconded by Council Member Shingleton, that the hearing be closed and that Ordinance No. 20711-04-2013 be adopted. The motion carried 9 ayes to 0 nays. XV1. CITIZEN PRESENTATIONS Ms. Jessica Daring, 5204 New Castleton Court, was recognized by Mayor Price but was not present in the Council chamber. XVII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B Mayor Price requested to have a moment of silence for the people of Boston. XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 10:44 a.m. These minutes approved by the Fort Worth City Council on the 23rd day of April, 2013. Attest: Approved: Mary J. Ka s Betsy:Price City Secretary Mayor