Loading...
HomeMy WebLinkAbout2013/05/07-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmernian, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jun-us 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 7:01 p.m. on Tuesday, May 7, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. [I. INVOCATION - Bishop Keith Ackerman, St. Timothv Episcopal Church The invocation was provided by Bishop Keith Ackerman, St. Timothy Episcopal Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 23, 2013 Motion: Council Member Burns made a motion, seconded by Council Member Allen Gray, that the Minutes of the Regular meeting of April 23, 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 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 2 of 37 VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff.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-17877 - Authorize Amendment No. 1 to City Secretary Contract No. 42046 with Pacheco Koch in the Amount of$191,418.00 for Additional Scope and Web-Based Application of the Oil and Gas Pipeline Geographic Information System Mapping and Database Project for a Total Contract in the Amount of $268,938.00 and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20721-05-2013, increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of$191,418.00 from available funds for the purpose of transferring said funds to the General Fund for additional scope and web-based application of the Oil and Gas Pipeline Geographic Information System Mapping and Database Project; authorize the transfer in the amount of$191,418.00 from the Capital Projects Reserve Fund to the General Fund; adopt Appropriation Ordinance No. 20722-05-2013, increasing the estimated receipts and appropriations in the General Fund from available funds for the purpose as stated above; and authorize the execution of Amendment No. 1 to City Secretary Contract No. 42046 with Pacheco Koch. 2. M&C G-17878 - Ratify Settlement of a Lawsuit Entitled Francis Timothy "Tim" Schorn v. City of Fort Worth, et al; Cause No. 048-245325-10 in Tarrant County, Texas in the Amount of$237,509.70 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the settlement of the referenced lawsuit; the payment in the amount of $237,509.70 to Timothy Schorn and his attorneys in full and final settlement of the referenced suit; and the execution of the releases and agreements necessary to complete the settlement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 3 of 37 3. M&C G-17879 - Adopt Resolution Nominating Carolina Beverage Group, LLC, as an Enterprise Project, Pursuant to the Texas Enterprise Zone Act, Chapter 2303 of the Texas Government Code (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Adopt Resolution No. 4200-05-2013, nominating Carolina Beverage Group, LLC, as an Enterprise Project pursuant to Chapter 2303 of the Texas Government Code. 4. M&C G-17880 - Approve Findings of the Ground Transportation Coordinator Regarding Application of JR Limo, LLC, to Operate Three 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 three (3) limousines upon the City streets, alleys and thoroughfares; JR Limo, LLC, is qualified and financially able to conduct a limousine service within the City; JR Limo, LLC, has complied with the requirements of Chapter 34 of the City Code; JR Limo, LLC, presented facts in support of compelling demand and necessity for three (3) limousines; the general welfare of the citizens of the City will best be served by the addition of three (3) limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20723-05-2013, granting the privilege of operating authority to JR Limo, 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 three (3) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by JR Limo, LLC, subject to and conditioned on JR Limo, LLC, complying with all requirements of Chapter 34, Article V1 of the Code of the City of Fort Worth(1986), as amended. 5. M&C G-17881 - Adopt Ordinance Repealing One Section of Chapter 27, "Police" of the Fort Worth City Code to Repeal Section 27-35, Assignment Pay for Overnight Duty Captains (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 20724-05-2013, amending the Code of the City of Fort Worth (1986), as amended, by repealing one section of Chapter 27, "Police" of the Fort Worth City Code by repealing Section 27-35 entitled "Assignment Pay for Overnight Duty Captains", which established assignment pay for Overnight Duty Captains in addition to the police officer's regular pay. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 4 of 37 6. M&C G-17882 - Adopt Capital Improvements Plan Citizen Advisory Committee's Semi-Annual Progress Report for Water and Wastewater (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt the Capital Improvements Plan Citizen Advisory Committee's Semi-Annual Progress Report for Water and Wastewater. B. Purchase of Equipment, Materials, and Services- Consent Items 1. M&C P-11520 - Adopt Supplemental Appropriation Ordinance Increasing Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $598,582.00 and Authorize Purchase of Carpet for the Public Events Department from Couristan Inc. for the Fort Worth Convention Center in the Amount of $598582.00 (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20725-05-2013, increasing the estimated receipts and appropriations in the Culture and Tourism Fund in the amount of$598,582.00, decreasing the assigned fund balance by the same amount for the purpose of purchasing Axminster carpet for the Public Events Department; and authorize the purchase of carpet from Couristan, Inc., for the Fort Worth Convention Center. 2. M&C P-11521 - Authorize Non-Exclusive Purchase Agreements with GEO Specialty Chemicals, Inc., and General Chemical Performance Products LLC, for Liquid Polvaluminum Chloride for the Water Department in a Combined Amount Up to $80,000.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize non-exclusive purchase agreements with GEO Specialty Chemicals, Inc., and General Chemical Performance Products LLC, for liquid polyaluminum chloride for the Water Department in a combined amount up to $80,000.00 for the first year. 3. M&C P-11522 - Authorize Purchase Agreement with Helena Chemical Company Using a Texas Association of School Boards BuyBoard Contract for Liquid Fertilizer and Chemicals for the Parks and Community Services Department in the Amount Up to $70,000.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Helena Chemical Company using Texas Association of School Boards BuyBoard Contract No. 373-11 for liquid fertilizer and chemicals for the Parks and Community Services Department in the amount up to $70,000.00 for the first year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 5 of 37 C. Land - Consent Items 1. M&C L-15542 - Authorize Acquisition of a Fee Simple Interest in 0.1239 Acres in a Vacant Lot for the Lebow Channel Drainage Improvements Project Located at 3509 Lebow Street from Roger Dale Barritt, Garland Alan Barritt, Barry Lee Barritt, Terry Kent Barritt and Mark Darwin Barritt in the Amount of$9,000.00, Authorize Pavment of Estimated Closing Costs in the Amount Up to $1,000.00 for a Total Acquisition Cost in the Amount of$10,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1239 acres in a vacant lot described as Lot 14, Block 16, Dixie Wagon Mfg. Co. Addition, located at 3509 Lebow Street from Roger Dale Barritt, Garland Alan Barritt, Barry Lee Barritt, Terry Kent Barritt and Mark Darwin Barritt in the amount of$9,000.00; find that the total purchase price in the amount of 59,000.00 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 in the amount up to 51,000.00. 2. M&C L-15543 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres in Improved Commercial Lots for the Central Arlington Heights Drainage Improvements Project Located at 4519 Bryce Avenue from Elizabeth Weissenborn in the Amount of $190,000.00, Pay Estimated Closing Costs Up to the Amount of $5,000.00 and Authorize Pavment of Relocation Assistance to Affected Businesses Up to the Amount of $80,000.00 for a Total Cost Up to the Amount of$275,000.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1434 acres of improved commercial lots described as Lots 17 and 18, Block 39, Chamberlain Arlington Heights, 1st Addition, located at 4519 Bryce Avenue, Fort Worth, Texas, from Elizabeth Weissenborn; find that the total purchase price in the amount of $190,000.00 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 $5,000.00; and authorize the payment of relocation assistance to affected businesses up to the amount of$80,000.00. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 6 of 37 3. M&C L-15544 - Authorize Acceptance of a Dedication Deed from AIL Investment, LP, Hillwood Multifamily Land, LP, and Eagle Income Properties, LP, for 3.239 Acres of Land in the William McCowen Survey, Abstract No. 999 for the Prairie Vista Drive and Feather Grass Lane Paving, Drainage and Street Light Improvement Project at No Cost to the City of Fort Worth (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acceptance of a dedication deed from AIL Investment, LP, Hillwood Multifamily Land, LP, and Eagle Income Properties, LP, for 3.239 acres of land located in the William McCowen Survey, Abstract No. 999, Tarrant County, Texas, for the Prairie Vista Drive and Feather Grass Lane Paving, Drainage and Street Light Improvement Project to construct the extension of Dalton Street west of Old Denton Road and to build Feather Grass Lane to connect to a private street within the Alliance Town Center at no cost to the City of Fort Worth; and authorize the City Manager or his designee to accept and record the appropriate instruments to complete the conveyance. 4. M&C L-15545 - Authorize Easement to Southwestern Bell Telephone Company d/b/a AT&T Texas, for Communication Equipment and Appurtenances on 0.072 Acres of Land at 200 Texas Way at Fort Worth Meacham International Airport to Serve Texas Jet Partners, L.P., at No Expense to the City of Fort Worth (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize an easement to Southwestern Bell Telephone Company d/b/a AT&T Texas, for communication equipment and appurtenances on 0.072 acres of land at 200 Texas Way, James Wallace Survey, Abstract Number 1605, S.A. & M.G. Survey, Abstract Number 1464, Lot 1, Block 1, at Fort Worth Meacham International Airport to serve Texas Jet Partners, L.P., at no expense to the City of Fort Worth; and authorize the execution and recording of all necessary documents to complete the conveyance. E. Award of Contract- Consent Items 1. M&C C-26218 - Authorize Execution of a Streetscape Maintenance Agreement for Maintenance and Landscaping Services with Sundance Plaza, LLC, for the Public Sidewalks Surrounding the New Sundance Plaza (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of an agreement for Streetscape maintenance and landscaping services with Sundance Plaza, LLC, for the public sidewalks surrounding the new Sundance Plaza. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 7 of 37 2. M&C C-26219 - Authorize Execution of an Engineering Agreement with CMJ Engineering, Inc., in the Amount of$321,855.00 for Materials Testing Associated with the New Public Safety Training Center and Provide for Contingencies for a Total Project Cost in the Amount of 5350,000.00 (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with CMJ Engineering, Inc., in the amount of$321,855.00 for materials testing associated with the new Public Safety Training Center. 3. M&C C-26220 - Authorize Change in Use and Expenditure in the Amount of $102,626.00 in Community Development Block Grant Funds to North Texas Area Community Health Centers, Inc., in the Form of a Forgivable Loan for the Southeast Communitv Health Center to be Located at 2909 Mitchell Boulevard, Authorize Execution of Contract and a Substantial Amendment to the City's 2011-2012 Action Plan (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize a substantial amendment to the City's 2011-2012 Action Plan; authorize a change in use and expenditure in the amount of $102,626.00 in Community Development Block Grant funds to North Texas Area Community Health Centers, Inc., in the form of a forgivable loan to finish out the interior of the building for the Southeast Community Health Center to be located at 2909 Mitchell Boulevard; authorize the City Manager or his designee to execute a contract and any related documents with North Texas Area Community Health Centers, Inc., for a term beginning on the date of execution and ending five years after the center is operational; and authorize the City Manager or his designee to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with City policies and applicable laws and regulations governing the use of federal grant funds. 4. M&C C-26221 - Authorize Execution of Change Order No. I to City Secretary Contract No. 43795 with Stabile & Whin, Inc., in the Amount of $153,600.00 for Pavement Reconstruction and Water and Sewer Main Replacement on Beddell Street, Bewick Street, Flint Street, Wayside Avenue and Willing Avenue for a Total Revised Contract in the Amount of$1,663,598.35 (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of Change Order No. 1 to City Secretary Contract No. 43795 with Stabile & Winn, Inc., in the amount of $153,600.00 for pavement reconstruction and water and sewer main replacement on Beddell Street, Bewick Street, Flint Street, Wayside Avenue and Willing Avenue for a total revised contract in the amount of$1,663,598.35. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 8 of 37 5. M&C C-26222 - Adopt Supplemental Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Red Light Camera Enforcement Fund in the Amount of$210,297.98 and Decrease the Assigned Red Light Camera Enforcement Fund Balance by the Same Amount, Authorize Transfer in the Amount of $210,297.98 from the Red Light Camera Enforcement Fund to the Specially Funded Capital Projects Fund, Award Contract with 2L Construction LLC, in the Amount of $154,117.00 for Safety Improvements on Harriet Creek Bridge and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20726-05-2013, increasing the estimated receipts and appropriations in the Red Light Camera Enforcement Fund in the amount of 5210,297.98 and decreasing the assigned Red Light Camera Enforcement Fund by the same amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund for the Harriet Creek Bridge Safety Improvements; authorize transfer of said funds; adopt Appropriation Ordinance No. 20727-05-2013, increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund from available funds; and authorize the execution of a contract with 2L Construction LLC, in the amount of$154,117.00. 6. M&C C-26223 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 43427, an Engineering Agreement, with Kimley-Horn Associates, Inc. in the Amount of $320,500.00 for the Design of Old Decatur Road from McLerov Boulevard to Longhorn Road, Thereby Increasing the Total Contract in the Amount of $774,200.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20728-05-2013, increasing the estimated receipts and appropriations in the Transportation Impact Fund in the amount of $320,500.00 from available funds, for the purpose of design services of Old Decatur Road from McLeroy Boulevard to Longhorn Road; and authorize the execution of Amendment No. 1 to City Secretary Contract No. 43427, an engineering agreement, with Kimley-Horn Associates, Inc., in the amount of $320,500.00, thereby increasing the total contract in the amount of$774,200.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 9 of 37 7. M&C C-26224 - Authorize Execution of a Stormwater Facility Maintenance Agreement with OG BCR Partners, Ltd, for Propertv Located East of Boat Club Road and North of Ten Mile Bridle Road Containing 4.00 Acres of Land in Lot 1R1 and 1R2, Block 1, Wayside Center Addition at No Expense to the City (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a Stormwater Facility Maintenance Agreement with OG BCR Partners Ltd, for property located east of Boat Club Road and north of Ten Mile Bridge Road containing 4.00 acres of land in Lot 1 R1 and 1 R2, Block 1, Wayside Center Addition, at no expense to the City. 8. M&C C-26225 - Ratify Application for and Authorize Acceptance of, if Awarded, Two Grants from the Texas Department of Transportation for the Comprehensive Selective Traffic Enforcement Program in the Amount of S906,763.51 and for the Commercial Motor Vehicle Selective Traffic Enforcement Program in the Amount of S90,883.52, Authorize Execution of Related Grant Agreements, Adopt Supplemental Appropriation Ordinance, Authorize Expenditure and Transfer in the Amount of S250,229.00 from the Fiscal Year 2014 HIDTA Asset Forfeiture Fund to the Grants Fund for the City's Grant Match Requirement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the application for and authorize acceptance of, if awarded, two grants from the Texas Department of Transportation (TxDOT) for the Fiscal Year 2014 Comprehensive Selective Traffic Enforcement Program in the amount of S906,763.51 and for the Fiscal Year 2014 Commercial Motor Vehicle Selective Traffic Enforcement Program in the amount of 590,883.52; authorize the execution of related grant agreements with the TxDOT, if grants are awarded; adopt Supplemental Appropriation Ordinance No. 20729-05-2013, increasing the estimated receipts and appropriations in the HIDTA Asset Forfeiture Fund in the amount of S-250,229.00, decreasing the assigned fund balance by the same amount, for the purpose of transferring said funds to the Grants Fund for the City's grant match requirement for the Fiscal Year 2014 Comprehensive Selective Traffic Enforcement Program and the Commercial Motor Vehicle Selective Traffic Enforcement Pro-ram grants, which are aimed at reducing the number of motor vehicle crashes, injuries and fatalities; authorize the expenditure and transfer; adopt Appropriation Ordinance No. 20730-05-2013, increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1?47,876.03, subject to receipt of the grants, for the purpose of increased enforcement of traffic safety-related laws and to increase public education about traffic safety issues. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7,2013 Page 10 of 37 9. M&C C-26226 - Authorize Execution of a Contract with A & M Construction and Utilities, Inc., in the Amount of $787,071.50 for Water Replacement Contract 2009, WM-D on Random Road, Fairwood Court, Timberwood Court, Sugarland Drive, Regatta Court, Charter Oak Court and Driftwood Court, Provide for Project Costs and Contingencies for a Project Total in the Amount of$840,083.50 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the transfer of $840,083.50 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; adopt Appropriation Ordinance No. 20731-05-2013, increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$840,083.50 from available funds, for the purpose of Water Replacement Contract 2009, WM-D.; and authorize the execution of a contract with A & M Construction and Utilities, Inc., in the amount of $787,071.50. t0. M&C C-26227 - Authorize Execution of a Construction Contract with Ark Contracting Services, LLC, in the Amount of$520,000.00 for the Rehabilitation of Bar Screen Building No. 3 at Village Creek Water Reclamation Facility and Provide for Staff Costs and Contingencies for a Total Project Amount of $550,000.00 (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of a construction contract with Ark Contracting Services, LLC, in the amount of$520,000.00 for the rehabilitation of Bar Screen Building No. 3 at Village Creek Water Reclamation Facility. 11. M&C C-26228 - Authorize Execution of an Engineering Agreement with Rodney R. Thornhill d/b/a White Rock Consultants in the Amount of $189,207.00 for Contract Management of the Interceptor Condition Assessment Program 2012 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Rodney R. Thornhill d/b/a White Rock Consultants in the amount of $189,207.00 for the management of a Citywide sanitary sewer Interceptor Condition Assessment Program (ICAP) 2012. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 11 of 37 12. M&C C-26229 - Authorize Execution of Amendment No. 1 in the Amount of $206,797.00 to City Secretary Contract No. 43923 with Parsons Water & Infrastructure, Inc., for Little Fossil Creek Interceptor Improvements at Various Locations Within the Little Fossil Creek Drainage Basin for a Revised Contract in the Amount of $598,250.00, Provide for Project Management, Real Property Acquisition and Utility Coordination Costs for a Project Total in the Amount of $618,250.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 4 The City Council approved the following recommendation: Authorize the transfer in the amount of S206,797.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20732-05-2013, increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$206,797.00 from available funds, for the purpose of sewer main design as part of the Little Fossil Creek Interceptor Improvements at various locations within the Little Fossil Creek drainage basin; and authorize the execution of Amendment No. 1 to City Secretary Contract No. 43923 with Parsons Water & Infrastructure, Inc. 13. M&C C-26230 - Authorize Execution of Change Order No. 2 to City Secretary Contract No. 43359 with .-irk Contracting Services, L.L.C., in the Amount of $82,350.00 for a Revised Total Contract Amount of $1,713,868.00 for Sanitary Sewer Rehabilitation Contract 52, Part 2 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the transfer in the amount of S82,350.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; adopt Appropriation Ordinance No. 20733-05-2013, increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $82,350.00 from available funds, for the purpose of Sanitary Sewer Rehabilitation Contract 52, Part 2; and authorize the execution of Change Order No. 2 to City Secretary Contract No. 44359 with Ark Contracting Services, L.L.C., thereby increasing the contract in the amount of 51,713,868.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 12 of 37 14. M&C C-26231 - Authorize Execution of a Contract with Conatser Construction TX, LP., in the Amount of $638,703.00 for Sanitary Sewer Replacement Rehabilitation Contract 77 on Bryan Avenue, New York Avenue and Nine Alleys, Provide for Proiect Costs and Contingencies for a Project Total in the Amount of $728,703.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9 The City Council approved the following recommendation: Authorize the transfer in the amount of $683,703.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20734-05-2013, increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$683,703.00 from available funds, for the purpose of Sanitary Sewer Replacement Rehabilitation, Contract 77; and authorize the execution of a contract with Conatser Construction TX, LP. 15. M&C C-26232 - Authorize Execution of Change Order No. 1 to City Secretary Contract No. 42714 with Jackson Construction, Ltd, in the Amount of$155,449.84 for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation and Improvements, Part 3, for a Revised Total Contract in the Amount of$955,449.84 (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of Change Order No. 1 to City Secretary Contract No. 42714 with Jackson Construction, Ltd, in the amount of $155,449.84 for Village Creek Drainage Basin Sanitary Sewer System Rehabilitation and Improvements, Part 3, for a revised total contract in the amount of$955,449.84. 16. M&C C-26233 - Authorize Execution of a Contract with Atkins Bros. Equipment Co., Inc., in the Amount of $699,867.00 for Water Main Improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road North Tarrant Express - Segment 3B and Provide for Proiect Costs and Contingencies for a Proiect Total in the Amount of$774,867.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a contract with Atkins Bros. Equipment Co., Inc., in the amount of $699,867.00 for water main improvements on Western Center Boulevard from Lou Menk Drive to Old Denton Road, North Tarrant Express - Segment 3B and provide for project costs and contingencies for a project total in the amount of$774,867.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 13 of 37 17. M&C C-26234 - Authorize Execution of Chance Order No. 1 to Citv Secretary Contract No. 42054 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the Amount of $69,037.12 for a Revised Total Contract Amount of $2,069037.12 for Water and Sewer Main Replacements Contract 2011A at Various Locations Throughout the City of Fort Worth (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of Change Order No. 1 to City Secretary Contract No. 42054 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, in the amount of $69,037.12 for a revised total contract amount of $2,069,037.12 for Water and Sewer Main Replacements Contract 201 lA at various locations. 18. M&C C-26235 - Authorize Execution of a Construction Contract with Links Construction, LLC, in the Amount of$323,803.00 for Clubhouse Renovations and Tournament Pavilion at the Pecan Valley Golf Course (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of a construction contract with Links Construction, LLC, in the amount of$323,803.00 for clubhouse renovations and tournament pavilion at the Pecan Valley Golf Course. VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1. OCS - 1886 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of the United Way Industry Leaders of Municipalities Awarded to the City of Fort Worth for the 2012 United Way Campaign Dr. Faye Beaulieu, PhD, Regional Director and United Way Northeast presented the United Way Industry Leaders of Municipalities award to Mayor Price and Mr. Randle Harwood, Director, Planning and Development Department, for the 2012 United Way Campaign. 2. Presentation of the Good Neighbor Award Council Member Allen Gray presented the Good Neighbor Award to Mr. Alan Donelson, Wal-Mart representative. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7,2013 Page 14 of 37 3. Presentation of the Office of Emergency Management 2013 Calendar Contest Awardees Chief Rudy Jackson, Fire Department, presented the 2014 KnoWhat2Do Emergency Preparedness Calendar winning artists. He stated that the 13 winning artists represented seven (7) Fort Worth Independent School District elementary schools. He added that this was the fourth year for the emergency preparedness calendar and that last year over 3000 free calendars were distributed to the public. 2014 KnoWhat2Do Calendar Win ing Artists Month Student School Cover Alyjah Jones Atwood McDonald January Fatima Nunez Natha Howell February Marissa Paiz Carter Park March Kent Leckie Westcliff April Victor Calderon Rosemont May Vivianna Escobedo Westcliff June Esmeralda Reyes Carter Park July Autumn Boone Atwood McDonald August Adrian Silva Carter Park September Alex Brandon Ortega Diamond Hill October Ernesto Rodriguez Rosemont November Alexis Martinez Hubbard Heights December Elizabeth Shadow Westcliff Back Cover Montage Megan.laquess Natha Howell Lizeth Ojeda Natha Howell Athena Kutzer Natha Howell Jimena Delgadillo Westcliff Sebastian Martin Westcliff Julien Quintanilla Rosemont Carlos Herra Rosemont Martha Wilson Hubbard Heights Kelly Welsh Atwood McDonald Dorlinda Hickerson Atwood McDonald Bryana Lara Diamond Hill Christian Ruvalcaba Diamond Hill CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 15 of 37 4. Presentation by the Fort Worth Nature Center & Refuge: 21st Anniversary of Buffalo Boogie Mr. Richard Shepherd, President, Friends of the Fort Worth Nature Center & Refuge provided a presentation on the Fort Worth Nature Center & Refuge: 21st Anniversary of Buffalo Boogie. He stated each year the Friends of the Fort Worth Nature Center & Refuge hosted the Buffalo Boogie in order to raise financial support for the herd. He pointed out that the Friends of the Fort Worth Nature Center & Refuge attained ownership of the bison in 1995. He further stated that the Buffalo Boogie was a 5K and 1 mile fun rurv'walk and a 5k chip-timed competitive run on a USA track and field certified course. He stated that this was the 21st annual race and that the event would be held at the Fort Worth Nature Center & Refuge on Saturday, May 11, 2013. He further stated that next year the Fort Worth Nature Center would formally celebrate their 50th Anniversary at a dinner at Broadview Park on April 26, 2014. He pointed out that the year 2014 was notable also as it is not only the 40th anniversary of the Friends of the Nature Center, but in addition the centennial of the impoundment of Lake Worth as a source of drinking water and more ready access to water for management of tires, which were all too common in the early part of the 20th Century. He added that the Fort Worth Nature Center & Refuge benefited greatly from the presence of the lake and looked forward celebrating their anniversary. 5. Presentation of Proclamation of Swartz Brothers Week Council Member Moss presented a proclamation of Swartz Brothers Week to Dr. Richard Selcer, Fort Worth Author and Historian and to Ms. Donna Donnell, Fort Worth Historian and Genealogist. He stated that professional photographers, David, John and Charles Swartz were considered to be "Fort Worth's First Family of Photographers" and between the mid-1880s and World War I they took hundreds of photographs of Fort Worth, its buildings and people. He further stated that the work of the Swartz Brothers was the best visual chronicle of turn-of-the century Fort Worth, particularly its human face as well as the streets, architecture and events. He added the Swartz Brothers' photographs were part of the collections of individuals and institutions all over the country and the current exhibition at the Fort Worth Central Library would be the first time a selection of Swartz images would be on public display in one place. He pointed out that the Swartz Brothers' photographs were part of the historic fabric and public face of Fort Worth in the form of the famous "Wild Bunch" photograph, the devastating 1904 fire at the Texas & Pacific station, the visits of Theodore Roosevelt and Quanah Parker and other notable moments in Fort Worth history and that the City of Fort Worth encouraged all residents to honor the Swartz Brothers legacy and their significant contributions to the City's rich history. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 16 of 37 X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Council Member Burns announced that on May 11, 2013, and May 12, 2013, from 12:00 p.m. until 6:00 p.m., the Fairmount Tour of Homes would be held. He stated for more information go to www.historicfiinnount.com or call the District 9 office at 817-392-8809. Council Member Moss expressed appreciation to the residents of District 5, Public Art Staff and Artist, Julia Ousley who attended the District 5 public art meeting on Saturday, April 27, 2013. He also announced that on Wednesday, May 8, 2013, from 5:00 p.m. until 7:00 p.m., there would be a dedication ceremony of a new sculpture that would be located at Fire Station No. 27, located at 2904 Precinct Line Road and that artists Francis Bagley and Tom Orr would be present. He also recognized Mr. Dwayne Washington and young men from the Gentleman's Society. Mayor Price announced that there would be a rolling Town Hall in District 7 on Wednesday, May 15, 2013, at 5:30 p.m. at Lake Country Christian School, located at 7050 Lake Country Drive. She stated that these were short rides from 5-8 miles and that anyone could participate. However, if they did not want to participate in the ride they could attend before or after to visit with her. She also announced that on Friday May 17, 2013, was "Bike to Work Day" for anyone who was interested. She stated that there was a lot going on in the City of Fort Worth and advised everyone to check the website to see where they could get engaged with the City. 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. XL PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on Boards and Commissions. 2. Council Proposal No. 294 - City-Initiated Zoning Change for 2002 Stalcup Road Note: Council procedure provides that Council proposals are introduced at one meeting and followed by Council action at the next Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 17 of 37 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. XIIL ZONING HEARING 1. ZC-12-079 - (CD 7) - Christ Chapel Bible Church, 3609, 3616 & 3620 and 3704 - 3738 Pershing Avenue; from: "B" Two-Family to: Amend "PD-449" PD/SU Planned Development/Specific Use for church, accessory buildings, and parking; 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-12-079. Council Member Scarth requested that Council allow him to recuse from voting on this item. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that he be allowed to recuse from voting on this item. The motion carried unanimously 9 ayes to 0 nays. The following individuals appeared before Council in support of Zoning Docket ZC-12-079. Mr. Tom Galbreath, 550 Bailey Avenue, Suite 400 Ms. Christina Patoski, 4237 El Campo Avenue The following individuals completed a comment card in opposition of Zoning Docket ZC-12- 079. Ms. Courtney Key, 4217 Donnelly Avenue Mr. Peter Thompson, 3905 Lafayette Avenue Council Member Shingleton expressed his appreciation to everyone involved in the case. Council Member Jordan commended Council Member Shingleton for his leadership and working through to a compromise. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, advised that Zoning Docket ZC-12-079 was to be approved as amended because the site plan had changed. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-12-079 be approved as amended. The motion carried 8 ayes to 0 nays, with 1 recusal by Council Member Scarth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 18 of 37 2. ZC-12-128 - (CD 2) - David McDavid, 4621 Keller Hicks Road; from: "I" Light Industrial to: "A-5" One-Family (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-12-128. Mr. Garret Essl, 4024 Lovell Avenue, completed an undecided speaker card and appeared before Council pertaining to Zoning Docket ZC-12-128, and presented PowerPoint slides. Council Member Espino requested that Mr. Essl visit with the Villages of Woodland Springs' Home Owner's Association Advisory Committee, the North Fort Worth Alliance Neighborhood Association and the developer. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-12-128 be continued to the June 4, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 3. ZC-12-130 - (CD 2) - Trinidad Ministries 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 existing church building for church related uses; site plan waiver recommended. (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its regular meeting of April 16, 2013, continued ZC-12-130. Mr. Daniel Flores, 2911 Oscar Avenue, completed a speaker card in support of Zoning Docket ZC-12-130, but did not wish to address the Council. Council Member Espino expressed appreciation to all involved in the case. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-12-130 be approved. The motion carried unanimously 9 ayes to 0 nays. 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 April 21, 2013. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 19 of 37 4. ZC-12-134 - (CD 5) - Broderick D. Steele, 3327 Fite Street; from: "AG" Agricultural to: "PD/A-5" Planned Development for all uses in "A-5" One- Family plus moving company with outside storage; site plan waiver recommended. (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-12-134 be approved. The motion carried unanimously 9 ayes to 0 nays. 5. ZC-13-033 - (CD-ALL) - City of Fort Worth Planning & Development; Text Amendment Revise Process of Historic Designation (HC, HSE, DD) Removal; An Ordinance amending the Zoning Ordinance of the Citv of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "A" of the Code of The Citv of Fort Worth (1986), to amend: Chapter 4 "Zoning Districts" to amend Article 4 "Overlay Districts", Sections 4.401.H. "Designation as Highly Si2nificant Endangered" ("HSE"); Section 4.401.1. "Designation as Historic and Cultural Overlay Landmark" ("HC"); Section 4.401.J. "Designation as Demolition Delay" ("DD") to clarify the process for removal of the Historic Designation. (Recommended for Approval by the Zoning Commission) Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-13-033 be approved and Ordinance No. 20735-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 6. ZC-13-034 - (CD-ALL) - City of Fort Worth Planning & Development; Text Amendment: Gas Compressors in "AG" Districts; An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "A" of the Code of the City of Fort Worth (1986), to amend: Chapter 5 "Supplemental Use Standards" to amend Section 5.140 "Natural Gas Compressor Station" to reflect the revisions in the Gas Ordinance; and Sections 4.800 "Nonresidential District Use Table" and 4.1200 "Form Based Districts Use Table" to clarify that line compressors are permitted by right in certain districts and by Special Exception in all other zoning districts. (Recommended for Denial without Prejudice by the Zoning Commission) Mr. Mike Dean, 124 Cooks Lane, completed an undecided speaker card and appeared before Council pertaining to Zoning Docket ZC-13-034. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, clarified that staff had requested Zoning Docket ZC-13-034 be continued until the August 6, 2013, Council CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 20 of 37 meeting in accordance with the moratorium, to be considered by Mayor and Council Communication G-17883. The following individuals appeared before Council in support of Zoning Docket ZC-13-034: Ms. Martha Boykin, 7261 Specklebelly Lane Ms. Mary Kelleher, 7901 Randol Mill Road Ms. Libby Willis, 2300 Primrose Avenue Ms. Melissa McDougall, 2971 Seguin Trail Mr. Bob Horton, 9104 Autumn Falls Drive Ms. Jackie Barnd, 7249 Specklebelly Lane, completed a speaker card in opposition to Zoning Docket ZC-13-034 but did not address the Council. The following individuals completed comment cards in support of Zoning Docket ZC-13-034: Ms. Deborah Fields, 129 Goldeneye Lane Ms. Katie Newman, 428 Shadow Grass Avenue Mr. Seymore Shaw, 428 Shadow Grass Avenue Mr. Melvin Graves, 345 Shadow Grass Avenue Ms. Mel Chu, 7252 Specklebelly Lane Mr. Chun Yip, 7252 Specklebelly Lane Mr. Joseph Mercado, 7273 Decoy Lane The following individuals completed comment cards in opposition of Zoning Docket ZC-13-034: Ms. Barbara Ross, 441 Shadow Grass Avenue Ms. Regina Anderson, 7225 Specklebelly Lane Mr. Bob Manthei, 810 Houston Street Council Member Scarth clarified that the item that was being considered was a land use issue and that under state law the Council was not allowed to consider health and safety in a land use or zoning issue. Ms. Sarah Fullenwider, City Attorney, stated that the focus of the gas drilling ordinance was on the impacts of the protected uses rather than a health and safety risk. She further stated the safety risk was under the Texas Railroad Commission and that the whole focus of the gas drilling CITY" OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 21 of 37 ordinance since its adoption in 2001 was to identify certain protected uses and the impacts of gas drilling. Council Member Moss stated that it vvas important to have citizen input regarding the solution to the ordinance for compressor stations in agricultural areas. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-13-034 be continued to the August 6, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 7. ZC-13-035 - (CD 5) - Bell Helicopter Textron, Inc., 400 - 800 blocks SH 10, 9600 - 10700 blocks Trinity Boulevard; from: "AG" Agricultural "A-5" One-Family, 11MU-1" Low Intensity Mixed-Use, "K" Heavy Industrial, "0-1" Floodplain District and "PD 588" Planned Development/Specific Use for the following uses: day care center; government office facility; health services facility including doctor's office or medical clinic; electric power substation (SE); telecommunications antenna (SE); telecommunications tower (SE); utility transmission or distribution line; health or recreation club; restaurant, cafe or cafeteria; offices; convenience store; parking area or garage, commercial or auxiliary; assembly of pre-manufactured parts for helicopters; machine shops; manufacture of aluminum or metals; outdoor storage; paint mixing or spraving; sheet metal shop; warehouse or bulk storage; welding shop; galvanizing, sheet or structural shapes; manufacture of helicopters; manufacture of dies, cores, die- casting molds; metal stamping, dyeing, shearing or punching; helistop landing area; executive offices and supporting operations for a corporate office; U.S. government personnel (customer); integrated systems installation; electrical wire assembly; helicopter modification & assembly; metal rotor blade manufacturing; painting operations; engineering research & development; unmanned vehicle assembly; government helicopter delivery; composite parts/blade manufacturing; material storage; tooling manufacturing; engineering process labs; flight simulators; satellite antenna (dish); residence for security purposes; site plan waived to: Amending "PD-588" Planned Development to include mining and excavation; site plan waiver recommended (Recommended for Approval as Amended by the Zoning Commission to Continue Tracts 2 & 3) Ms. Mary Kelleher, 7901 Randol Mill Road, appeared before Council in opposition of Zoning Docket ZC-13-035. Mr. Brian Chase, 600 East Hurst Boulevard, appeared before Council in support of Zoning Docket ZC-13-035. Ms. Hillary Vonarisen, 308 Santa Fe Trail, hti ing, Texas, 75063, completed a speaker card in support of Zoning Docket ZC-13-035, but did not kvish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 22 of 37 Council Member Moss requested clarification on a road that was not permitted. Mr. Chase clarified that the road in question was not one that they were dealing with and that it was another developer that was doing the work on the road that was not related to their projects. Council Member Moss stated that he had a concern with parcels 2 and 3 that were adjacent to two (2) neighborhoods and that he appreciated the modification that was made by removing those parcels out of this zoning case. He stated that this would give Bell Helicopter Textron, Inc., an opportunity to meet with the adjacent neighborhoods so that they could get a clear understanding on what was going on. He added that there was an ordinance that stated any time there is development on a property the drainage issue must be addressed, which would help protect the adjacent neighborhood. Motion: Council Member Moss made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-13-035 be approved. The motion carried unanimously 9 ayes to 0 nays. 8. ZC-13-042 - (CD 8) - F. W. Mason Heights, L. P., 2600 - 2700 blocks of Moresby, 3700 - 3801 Might Mite, 3801 WG Daniels and 3670 Wichita Street; from: "PD- 913 " Planned Development for "A-5" One-Family, "PD-915" Planned Development for "ER" Neighborhood Commercial Restricted, and "PD-916" Planned Development for "C" Medium Density Multifamily, with development standards; site plan required to: Adjust the boundary lines for PD-913, PD-915, and PD-916 with development standards; site plan required. (Recommended for Approval by the Zoning Commission) Mr. Happy Baggett, 2336 Whistler Creek Drive, completed a speaker card in support of Zoning Docket ZC-13-042, but did not wish to address the Council. Motion: Council Member Allen Gray made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC-13-042 be continued to the June 4, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 9. ZC-13-044 - (CD 8) - YMCA, 2300 Block E. Berry Street; from: "R1" Zero Lot Line/Cluster and "CF" Community Facilities to: "PD/C" Planned Development for all uses in "C" Medium Density Multifamily with development standards; site plan required. (Recommended for Approval by the Zoning Commission) The following individuals completed speaker cards in support of Zoning Docket ZC-13-044, but did not wish to address the Council. Mr. Carl Pointer, 2532 Timberline Drive Mr. Happy Baggett, 2336 Whistler Creek Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 23 of 37 Mr. Cecil Collier, 6200 Pershing Avenue#181 Mr. Cleveland Harris, 1037 Colvin Avenue Mr. Monme Gilliam, 1 100 Vicki Lane, completed a speaker card in opposition of Zoning Docket ZC-13-044, but did not wish to address the Council. Mr. Johnny Lewis, 953 East Terrell Avenue, completed a comment card in opposition of Zoning Docket ZC-13-044. Motion: Council Member Allen Gray made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC-13-044 be continued to the June 4, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. 10. ZC-13-049 - (CD-ALL) - City of Fort Worth Planning & Development; Text Amendment: Airport Overlay and Compatible Use Zones; An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "A" of the Code of The City of Fort Worth (1986), to amend: Article 4 "Overlay Districts", of Chapter 4, "District Regulations" to add a new section, Section 4.405 "Airport/Airfield Overlay ("AO") District"; Providing for regulations for Airport Overlay Zones and Compatible Use Zones ("AO-CUZ") Restrictions for incompatible uses within Clear Zones and Accident Potential Zones for the Naval Air Station Fort Worth Joint Reserve Base, and To revise Chapter 9, "Definitions" to add definitions related to airports. (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-13-049. Ms. Rachel Wiggins, 1510 Chennault Avenue, completed a speaker card in support of Zoning Docket ZC-13-049 but did not wish to address the Council. Council Member Shingleton requested that ZC-13-049 and ZC-13-050 be considered at the same time. 11. ZC-13-050 - (CD 3, CD 7) - City of Fort Worth Planning and Development, North and South of NAS FW JRB Runways; from: various zoning districts to: add Airport Overlay/Compatible Use Zone Overlay Districts (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-13-050. Ms. Rachel Wiggins, 1510 Chennault Avenue, completed a speaker card in support of Zoning Docket ZC-13-050 but did not wish to address the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 24 of 37 Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket Nos. ZC-13-049 and ZC-13-050 be continued to the June 4, 2013, Council meeting. The motion carried unanimously 9 ayes to 0 nays. Council Member Burns left his place at the dais. 12. ZC-13-053 - (CD 4) - LTT Investment Corp., 3820 Marigold Avenue; from: "A- 7.5" One-Family to: "ER" Neighborhood Commercial Restricted (Recommended for Approval by the Zoning Commission) Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC-13-053 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. 13. ZC-13-054 - (CD 8) - Octapharma Plasma, Inc., 2549 Newark Avenue, 2552 Sargent Street; from: "A-5" One-Family to: "PD/MU-1" Planned Development for all uses in "MU-1" Low Intensity Mixed Use plus parking lot, site plan included. (Recommended for Approval by the Zoning Commission) Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC-13-054 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. 14. ZC-13-055 - (CD 2) - Centurion Aquisitions, LP, 14151 Willow Springs Road; from: "E" Neighborhood Commercial to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-13-055 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. 15. ZC-13-056 -(CD 7) - HV Harmon Road L. P., 8741 Harmon Road; from: "A-5" One-Family and "PD-556" Planned Development for "E" Neighborhood Commercial uses with 20 ft. landscape strip along the southern property line, adiacent to the proposed ROW; site plan waived. to: "FR" General Commercial Restricted (Recommended for Approval by the Zoning Commission) Mr. Bill Boomer, 6610 Bryant Irvin Road, Suite 200, completed a comment card in support of Zoning Docket ZC-13-056. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 25 of 37 Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-13-056 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Burns absent. Council Member Burns assumed his place at the dais. 16. ZC-13-057 - (CD 2) - Maria Standerfer, 2908 Plumwood Street; from: "MU-1" Low Intensity Mixed Use to: "PD-806" Planned Development for "MU-1" Low Intensity Mixed Use plus auto sales and repair; site plan included. (Recommended for Denial by the Zoning Commission) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-13-057 be denied. The motion carried unanimously 9 ayes to 0 nays. 17. ZC-13-058 - (CD 7) - Crossing at Marine Creek, et al., 3206 NW Loop 820; from: "F" General Commercial and "G" Intensive Commercial to: "PD/G" Planned Development for all uses in "G" Intensive Commercial plus mini-warehouse; site plan included. (Recommended for Denial without Prejudice by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-13-058 be denied without prejudice. The motion carried unanimously 9 ayes to 0 nays. 18. ZC-13-062 - (CD 2) - St. Thomas the Apostle Church/Catholic Diocese of Ft. Worth 2920 N.W. 27th Street; from: "CF" Community Facilities to: "ER Neighborhood Commercial Restricted (Recommended for Denial without Prejudice by the Zonina Commission) Mr. Gary Green, 2920 Azle Avenue, appeared before Council in support of Zoning Docket ZC- 13-062. The following individuals completed speaker cards in support of Zoning Docket ZC-13-062, but did not wish to address the Council. Mr. Ronnie Herrera, 2920 Azle Avenue Dr. William Seger, 2920 Azle Avenue Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC-13-062 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 26 of 37 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 Espino made a motion, seconded by Council Member Shingleton, that the hearing be closed and that Ordinance No. 20736-04-2013 be adopted. The motion carried 9 ayes to 0 nays. XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-17883 - Adopt an Ordinance Establishing a Moratorium on the Acceptance of Applications for Gas Line Compressors in Agricultural Zoning Districts, as Regulated by Article II, Chapter 15, of the City Code Regarding Gas Drilling and Production Until August 6, 2013 (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Ordinance, extending the moratorium on the acceptance of applications for gas line compressors in Agricultural Zoning Districts ("AG"), pending consideration of revised regulations in the current gas drilling Ordinance of Chapter 15 of the City Code. The following individuals completed a speaker card in support of Mayor and Council Communication G-17883, but did not wish to address the Council. Ms. Libby Willis, 2300 Primrose Avenue Mr. Bob Horton, 9104 Autumn Falls Drive Mr. Jim Roland, 8832 San Joaquin Trail, completed a comment card in opposition of Mayor and Council Communication G-17883. Motion: Council Member Moss made a motion, seconded by Council Member Burns, that Mayor and Council Communication G-17883 be approved and Ordinance No. 20737-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M&C G-17884 - Authorize Temporary Closure of Dirks Road from Harris Parkway to Granbury Road for Construction Activities from May 4, 2013 Through August 17, 2013 (COUNCIL DISTRICTS 3 and 6) It was recommended that the City Council authorize the temporary road closure of Dirks Road from Harris Parkway to Granbury Road for the purpose of constructing Dirks Road from Harris Parkway to the west side of the Fort Worth and Western Railroad for the Chisholm Trail Parkway Project from May 4, 2013, through August 17, 2013. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 27 of 37 Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication G-17884 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C G-17885 - Authorize Temporary Closure of Certain Segments of West 7th Street, Stayton Street and Forest Park Boulevard in Connection with Reconstruction of the West 7th Street Bridge; Certain Segments of Gounah Street and Cold Springs Road in Connection with the Construction of Railroad Bridges for the Tower 55 Project; and Certain Segments of Commerce Street, for Relocation of City Utilities Associated with the Trinity River Vision Project (COUNCIL DISTRICTS 2 and 9) It was recommended that the City Council authorize temporary road closures for construction activities associated with the replacement of the 7th Street Bridge: West 7th Street from Fournier Street to Harrold Street beginning June 1, 2013, through October 28, 2013; Stayton Street from 6th Street to 7th Street beginning May 10, 2013, through June 14, 2013, Forest Park Boulevard from the south side of 5th Street to the north side of 10th Street from May 10, 2013, through June 9, 2013, authorize temporary road closures fir construction activities associated with the Tower 55 Project: Gounah Street from Nichols Street to Samuels Avenue from May 15, 2013 through December 31, 2013; Cold Springs Road from Wood Avenue to the Burlington Northern Santa Fe Railroad from May 15, 2013, through December 31, 2013; and authorize temporary road closures for construction activities associated with the Trinity River Vision Project: North Commerce Street from NE 10th Street to NE 9th Street and from NE 9th Street to NE 7th Street and the temporary closure of NE 7th Street from North Main Street to North Commerce Street from May 15, 2013, through October 31. 2013. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication G-17885 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M&C G-17886 - Authorize Acceptance of a Monetary Donation in the Amount of $12,750.00 from an Anonymous Charitable Foundation to Purchase an Aluminum Horse Trailer for the Police Department's Mounted Patrol Unit and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of a monetary donation in the amount of $12,750.00 from an anonvmous charitable foundation to purchase an aluminum horse trailer for the Police Department's Mounted Patrol Unit; and adopt an Appropriation Ordinance, increasing estimated receipts and appropriations in the Special Gift Fund in the amount of$12,750.00, subject to receipt of the monetary donation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 28 of 37 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-17886 be approved with appreciation and Appropriation Ordinance No. 20738-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M&C G-17887 - Conduct Public Hearing, Adopt Resolution Supporting the Application of TLC Bledsoe, LLC, for a Municipal Setting Designation for the Property Located at 2800 - 2824 Bledsoe Street, Fort Worth, Texas, to the Texas Commission on Environmental Quality and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing on the application of TLC Bledsoe, LLC, for approval of a Municipal Setting Designation for the property located at 2800 - 2824 Bledsoe Street, a 1.109-acre tract, more fully described as Van Zandt's Park Addition, Lots 11R, 12R, 13R, 14R, 15R, 16R, and 17R, Block 13, Fort Worth, Tarrant County, Texas to allow the public the opportunity to give testimony; adopt a Resolution supporting the applicant's application to the Texas Commission on Environmental Quality for an Municipal Setting Designation for the site; and adopt an Ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5 "Environmental Protection and Compliance," Article IV "Groundwater and Surface Water Quality,"by amending Appendix "A" "Municipal Setting Designation sites in Fort Worth," by the addition of Section 22; designating CFW-MSD-0022, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0022; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. a. Report of City Staff Mr. Clarence Reed, Environmental Program Manager, Transportation and Public Works Department, provided a staff report. b. Citizen Presentations Mr. Carlos Ortiz, 2501 East Loop 820 North, completed a speaker card in support of Mayor and Council Communication G-17887, but did not wish to address the Council C. Council Action Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that the public hearing be closed, Mayor and Council Communication No. G-17887 be approved and Resolution No. 4201-05-2013 and Ordinance No. 20739-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 29 of 37 C. Purchase of Equipment, Materials, and Services 1. M&C P-11523 - Authorize Purchase of Eighty Police Interceptor Vehicles from Philpott Motors, LTD d/b/a Philpott Ford, Using a Cooperative Contract for the Police Department in the Amount of 52,039,360.00 (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the purchase of 80 police interceptor vehicles from Philpott Motors, LTD dib/a Philpott Ford, using Tarrant County Cooperative Contract No. 2012-15 t for the Police Department in the amount of 52,039,360.00. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication P-11523 be approved. The motion carried unanimously 9 ayes to 0 nays. D. Land 1. M&C L-15546 - Authorize Acquisition of Avigation Easements Over 227 Properties Located South of U.S. Highway 114 and East and West of Interstate 35W and South State Hwv 170 North of Golden Triangle Boulevard in Both Denton and Tarrant Counties and Authorize Payment of Compensation and Closing Costs in the Amount Not to Exceed S1,784,000.00, in Accordance with Federal Aviation Administration Guidelines as Approved by the Fort Worth Alliance Airport Noise Mitigation Program (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the acquisition of avigation easements over 227 properties located south of U.S. Highway 114 and cast and west of Interstate 35, and south of State Highway 170, North of Golden Triangle Boulevard in both Denton and Tarrant Counties, in accordance with Federal Aviation Administration guidelines as approved by the Fort Worth Alliance Airport Noise Mitigation Program: authorize a payment of compensation for the avigation easements based upon the appraised fair market value or by administrative settlement, as allowed by the Federal Aviation Administration guidelines, and pay closing costs in an amount not to exceed 51,784,000.00 related to each parcel, and authorize the City Manager or his designee to accept and record the appropriate instruments. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication L-15546 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 30 of 37 2. M&C L-15547 - Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 1.1203 Acres of Land from Arturo Torres, Legally Described as Lots 6R-8R and 11R-15R, Block 51, South Hemphill Heights Addition and Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.3586 Acres of Land from Del Mar Furniture & Foods, Inc., Legally Described as Lot 9RA, Block 51, South Hemphill Heights Addition for the South Central Community Center (COUNCIL DISTRICT 9) It was recommended that the City Council declare that the South Central Community Center Project is necessary to meet the community needs; declare that public convenience and necessity require the acquisition of the fee simple interest from the two (2) parcels of real property as described above, for the South Central Community Center; authorize the City Manager and his designee to attempt to acquire through eminent domain proceedings under Texas law, the fee simple interest in the two (2) parcels of real property for their fair market values through good faith negotiations with the parcel owners, and if such negotiations are unsuccessful, authorize the City Attorney to acquire the easements described, but acquire no mineral interests of the parcels, as well as any remainders of such parcels, where the acquisition of same would be economically prudent; authorize the acceptance and recording of the appropriate instruments; and authorize the payment pursuant to an award of commissioners and/or upon negotiated settlement in lieu of condemnation by eminent domain. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication L-15547 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the South Central Community Center project to acquire a 1.1203 acre parcel for a permanent fee simple taking from Arturo Torres, legally described as Lots 6R-8R and 11 R- 15R, Block 51, South Hemphill Heights Addition and located at 3419 Hemphill Street; to acquire a 0.3586 acre parcel for a permanent fee simple taking from Del Mar Furniture and Foods, Inc., legally described as Lot 9RA, Block 51, South Hemphill Heights Addition and located at 3427 Hemphill Street; and to direct the City Secretary to have the minutes reflect that this motion applies to the two listed parcels herein. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 31 of 37 3. M&C L-15548 - Authorize Condemnation by Eminent Domain of a 1.71 Acre Parcel for a Permanent Right-of-Wav, a 1.169 Acre Parcel for a Permanent Dam Easement, a 0.863 Acre Parcel for a Permanent Gradin Easement, a 0.5865 Acre Parcel for a Permanent Access Right-of-Wav, a 0.499 Acre Parcel for a Pipeline Easement and a 0.634 Acre Parcel for a Temporary Construction Easement from Vann Cattle Yards, Inc., Leaallv Described as Portions Out of the Henry Robertson Survey Abstract No. 1259 for the Runwav Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2) It was recommended that the City Council declare that public convenience and necessity require the acquisition for the right-of-way and easements for the main line and connector track from the Vann Cattle Yards, Inc., property, as part of the Alliance Airport Runway Extension Project; authorize the City Manager and his designee. TranSystems, to attempt to acquire through eminent domain proceedings, under Texas law, the six (6) Vann Cattle Yards, Inc., real property parcels for their fair market values through good faith negotiations with the owner, and if such negotiations are unsuccessful, authorize the City Attorney to acquire the rights-of-way by fee simple title and the easements described, but acquire no mineral interests of the parcels, as well as any remainders of such parcels, where the acquisition of same would be economically prudent; authorize the acceptance and recording of the appropriate instruments; and authorize the payment, pursuant to an award of commissioners and/or upon negotiated settlement, in lieu of condemnation by eminent domain. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that 'Mayor and Council Communication L-15548 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the Main Line and Connector Track for the Alliance Airport Runway Extension Project to acquire a 1.71 acre parcel for a permanent right of way, a 1.169 acre parcel for a permanent dam easement, a 0.863 acre parcel for a permanent grading easement, a 0.5865 acre parcel for a permanent access right- of-way, a 0.499 acre parcel for a pipeline easement, and a 0.634 acre parcel for a temporary construction easement from Vann Cattle Yards, Inc., legally described as portions out of the Henry Robertson Survey (A-1259) and located on the north side of U.S. Highway 287 north of Bonds Ranch Road West. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 32 of 37 4. M&C L-15549 - Authorize Easement to Oncor Electric Delivery Company, LLC, for Electrical Equipment and Appurtenances on 0.024 Acres of Land at 201 Aviation Way, Also Known As Lease Site IIN, at Fort Worth Meacham International Airport to Serve GHA Terminal, LLC (COUNCIL DISTRICT 2) It was recommended that the City Council authorize an easement to Oncor Electric Delivery Company, LLC, for electrical equipment and appurtenances on 0.024 acres of land at 201 Aviation Way, also known as Lease Site I IN, at Fort Worth Meacham International Airport to serve GHA Terminal, LLC; and authorize the execution and recording of necessary documents to complete the conveyance. Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication L-15549 be approved. The motion carried 8 ayes to 0 nays with 1 abstention by Council Member Scarth. E. Planning & Zoning 1. M&C PZ-3020 - Authorize Initiation of Zoning for Property to be Annexed, Consisting of Approximately 77.8 Acres of Land Located South of the 4900 - 5200 Blocks of Ray White Road and North of Wall Price Keller Road (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the initiation of certain zoning changes for the annexation area in the Far North Sector, consisting of approximately 77.8 Acres of Land located south of the 4900 - 5200 Blocks of Ray White Road and north of Wall Price Keller Road, in accordance with the 2013 Comprehensive Plan. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ-3020 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 33 of 37 2. M&C PZ-3021 - Approve Timetable for Proposed City-Initiated Annexation and Authorize Initiation of Zoning for Approximately 94.2 Acres of Land Located South of Dirks Road and West of Cranbury Road, AX-13-003 Granbury Road, in the Far Southwest Sector, in Accordance with the 2013 Comprehensive Plan (COUNCIL DISTRICTS 3 and 6) It was recommended that the City Council approve annexation timetable Exhibit B in order to annex the subject property shown above, for full purposes in compliance with the requirements of Chapter 43 of the Local Government Code of the State of Texas; direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area; and authorize the initiation for certain zoning changes for the annexation area in the far southwest sector, in accordance with the 2013 Comprehensive Plan. Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this item. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and ColmCll Communication No. PZ-3021 be approved. The motion carried 8 ayes to 0 nays with 1 abstention by Council Member Scarth. F. Award of Contract 1. M&C C-26236 - Authorize a Five-Year Tax Abatement Agreement with 5th Street Studios LLC, to Redevelop an Existing Building Into an Establishment for Artisans and Light Fabrication on Property Located at 2817 West 5th Street in the Trinity Park Neighborhood Empowerment Zone (COUNCIL DISTRICT 9) It was recommended that the City Council authorize a five-year Tax Abatement Agreement with 5th Street Studios LLC, to redevelop an existing building into an establishment for artisans and light fabrication on property located at 2817 West 5th Street in the Trinity Park 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 tern Zimmerman, that Mayor and Council Communication No. C-26236 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 34 of 37 2. M&C C-26237 - Authorize Execution of a Five-Year Tax Abatement Agreement with Axel Alvarez-Tostado for Construction of a Single-Family Dwelling at 2915 Ave C in the Polytechnic/Wesleyan Neighborhood Empowerment Zone (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Axel Alvarez-Tostado, for construction of a single-family dwelling at 2915 Ave C in the Polytechnic/Wesleyan Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Allen Gray made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-26237 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C C-26238 - Authorize Execution of Tax Abatement Agreement with Carolina Beverage Group, LLC, and AT Industrial Owner 7 LLC, for Development of a Manufacturing and Distribution Facility Located at 13300 Park Vista Boulevard (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the execution of a Tax Abatement Agreement with Carolina Beverage Group, LLC, and AT Industrial Owner 7 LLC, for the development of a manufacturing and distribution facility located at 13300 Park Vista Boulevard and authorize the waiver of certain related development fees. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-26238 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M&C C-26239 - Authorize Execution of a Design Agreement with Quorum Architects, Inc., in the Amount of $1,150,065.00 Plus Up to $20,000.00 in Reimbursable Expenses for the North Service Center, Phase One, Provide for Contingency, Geotech, and Staff Costs for a Total Design Phase Cost in the Amount of $1,395,100.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the transfer of $850,453.00 from the Stormwater Utility Fund to the Specially Funded Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $850,453.00 from available funds, for the purpose of reimbursable expenses for the North Service Center(Phase One) and authorize the execution of a Design Agreement with Quorum Architects, Inc., in the amount of $1,150,065.00 plus up to $20,000.00 in reimbursable expenses. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 35 of 37 Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. C-26239 be approved and Appropriation Ordinance No. 20740-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 5. M&C C-26240 - Authorize Execution of a Contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, in the Amount of $2,210,111.00 for Water and Sanitary Sewer Replacement Contract 2009, WSM-P on Walton Avenue, Westhaven Drive, Encanto Drive, Wolens Wav, Leith Avenue, Wiser Avenue and South West Drive, Provide for Supplementary Protect Costs, Staff Costs and Contingencies for a Project Total in the Amount of $2,335,414.00 and Adopt Appropriation Ordinance(COUNCIL DISTRICT 3) It was recommended that the City Council authorize the transfer of 82,335,414.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $1,244,081.00; adopt an Appropriation Ordinance, increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $1,244,081.00, from available funds, for the purpose of Water and Sanitary Replacement Contract 2009, WSM-P, adopt an Appropriation Ordinance, increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $1,091,333.00, from available funds, for the purpose as stated above; and authorize the execution of a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, in the amount of 52,210,1 1 1.00. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-26240 be approved and Appropriation Ordinance Nos. 20741-05-2013 and 20742-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 6. M&C C-26241 - Authorize Execution of Renewal No. 2 to Citv Secretary Contract No. 38370 with William J. Schultz, Inc. d/b/a Circle "C" Construction Companv in the Amount of$1,000,000.00 for Sewer Main Rehabilitation Pipe Enlargement Contract 2008A and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the transfer in the amount of$1,000,000.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance, increasing the estimated receipts and appropriations in the Sewer Capital Projects Funds in the amount of $1,000,000.00, from available funds, for the purpose of Sewer Main Rehabilitation Pipe Enlargement Contract 2008A, and authorize the execution of Renewal No. 2 to City Secretary Contract No. 38370 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 36 of 37 Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C-26241 be approved and Appropriation Ordinance No. 20743-05-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. XV. CITIZEN PRESENTATIONS Mr. Thomas Jordan, 8313 Tallahassee Lane, appeared before Council regarding victims of auto theft being victimized. Ms. Norma Barker, 952 Crowder Drive, Crowley, Texas, 76036, completed a citizen presentation in regards to victims of auto theft being victimized, but did not wish to address the Council. Council Member Shingleton requested staff to provide a briefing at the next Pre-Council meeting on how the system works. He stated that he does not believe the citizens who were victims of a crime should be penalized. Mayor Price requested that Deputy Police Chief Pridgen meet with Mr. Jordan and his group after the meeting. Mr. George Barnes, 5300 Helmick Avenue, appeared before Council regarding illegal use of property located at 5101 Helmick Avenue by Buzz Fence Company. Mayor Price stated that she would have Mr. Charles Daniels, Assistant City Manager, contact Mr. Barnes. Council Member Shingleton asked Mr. Barnes if the property in question was directly behind Buzz Fence Company's opening off of Vickery Boulevard. Mr. Barnes stated that it was the very last house on the right. Ms. Suzette Watkins, 1801 Bomar Avenue, appeared before Council regarding a distemper outbreak at the Chuck Silcox Animal Shelter. Ms. Deborah Danilow, 524 Pineview Lane, appeared before Council regarding Fort Worth Animal Care and Control distemper outbreak. Ms. Carissa Harris, 15827 E1 Estado Drive, Dallas, Texas, 75248, appeared before Council regarding a distemper outbreak at the Chuck Silcox Animal Shelter. Mayor Price stated that she would have Mr. Charles Daniels, Assistant City Manager, contact Ms. Watkins, Ms. Danilow and Ms. Harris. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 7, 2013 Page 37 of 37 Council Members Allen Gray, Burns, Espino and Moss requested staff to provide a briefing on distemper, how it affects the animals and what goes on in the shelter at the next Pre-Council meeting. They also requested information regarding any claims that have been made regarding distemper along with responses to the citizens that spoke. They further requested for staff to provide a briefing on the facility and capital needs of animal care and control. XVI. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XVIL ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 9:34 p.m. These minutes approved by the Fort Worth City Council on the 14th day of May, 2013. Attest: Approved:_ Mary J. Kayser,' P tsy Price -' City Secretary `�% ° Mayori�