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HomeMy WebLinkAbout2013/05/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1-4, 2013 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Searth, District 4 Council Member Frank Moss, District Council Member Jun-us Jordan, District 6 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Absent: Council Member Dennis Shingleton, District 7 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary L 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 7:03 p.m. on Tuesday. May 14, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Shingleton absent. H. INVOCATION - Imam Bakhach, Islamic Association of Tarrant County The invocation was provided by Imam Bakhach, Islamic Association of Tarrant County. HI. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MAY 7, 2013 AND THE JOINT MEETING BETWEEN THE CITY COUNCIL AND THE FORT WORTH TRANSPORTATION AUTHORITY BOARD OF DIRECTORS OF APRIL 30, 2013 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14,2013 Page 2 of 25 Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that the Minutes of the Regular meeting of May 7, 2013, and the Joint Meeting between the City Council and the Fort Worth Transportation Authority Board of Directors of April 30, 2013, be approved. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication No. L-15550 be withdrawn from the Consent Agenda for individual consideration. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Kelly Allen Gray, that the Consent Agenda be approved as amended. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. A. General - Consent Items 1. M&C G-17888 - Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Carey Limousine Dallas, Inc., to Operate Sixty 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: Carey Limousine Dallas, Inc., has performed under the terms of its operating authority; the service provided continues to meet the public necessity and convenience as defined by Chapter 34 of the City Code; Carey Limousine Dallas, Inc., is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code; the general welfare of the citizens of the City will best be served by the continued operation of sixty (60) limousines by Carey Limousine Dallas, Inc.; and adopt Ordinance No. 20744-05-2013, granting the privilege of operating authority to Carey Limousine Dallas, Inc., for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its taxicab business, which shall consist of the operation of sixty (60) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Carey Limousine Dallas, Inc., subject to and conditioned on Carey Limousine Dallas, Inc., complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 3 of 25 2. M&C G-17889 - Approve Findings of the Ground Transportation Coordinator Regardina Application of Jesse Perry Jr. d/b/a Limo-Scene to Operate Two Limousines Within the Citv 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 two (2) limousines upon the City streets, alleys and thoroughfares; Jesse Perry Jr. d/b/a Limo-Scene is qualified and financially able to conduct a limousine service within the City, Jesse Perry Jr. d/b/a Limo-Scene has complied with the requirements of Chapter 34 of the City Code, Jesse Perry Jr. dib/a Limo-Scene presented facts in support of compelling demand and necessity for two (2) limousines; the general welfare of the citizens of the City will best be served by the addition of two (2) limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20745-05-2013, granting the privilege of operating authority to Jesse Perry Jr. d%b/a Limo-Scene 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 two (2) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Jesse Perry Jr. d/b/a Limo-Scene, subject to and conditioned on Jesse Perry Jr. d/b/a Limo-Scene complying with all requirements of Chapter 34, Article V1 of the Code of the City of Fort Worth (1986), as amended. 3. M&C G-17890 - Approve Findings of Ground Transportation Coordinator Re2ardin2 Application of Clarence James Miller d/b/a Panther Citv Carriage Company to Operate Four Horse-Drawn Carriages Within the Citv of Fort Worth and Adopt Ordinance Granting Such Authority (COUNCIL DISTRICTS 2 and 9 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 foul- (4) horse-drawn carriages upon the City streets, alleys and thoroughfares; Clarence James Miller d,'b/a Panther City Carriage Company is qualified and financially able to conduct a carriage service within the City, Clarence James Miller d%b/a Panther City Carriage Company has complied Nvith the requirements of Chapter 34 of the City Code; Clarence .Tames Miller d:b;a Panther City Carriage Company presented facts in support of compelling demand and necessity for tOnir (4) horse-drawn carriages; the general welfare of the citizens of the City will best be served by the addition of four (4) horse-drawn carriages upon City streets, alleys and thoroughfares, and adopt Ordinance No. 20746-05-2013, granting the privilege of operating authority to Clarence James Miller d/b/a Panther City Carriage Company for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its horse- drawn carriage service, which shall consist of the operation of four(4) horse-drawn carriages for CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 14,2013 Page 4 of 25 a one (1) year period beginning on the effective date; providing for written acceptance by Clarence James Miller d/b/a Panther City Carriage Company, subject to and conditioned on Clarence James Miller d/b/a Panther City Carriage Company complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 4. M&C G-17891 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Texas Stage Line to Operate Seven Horse- Drawn Carriages Within the City of Fort Worth and Adopt Ordinance Granting Such Authority (COUNCIL DISTRICTS 2 and 9) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: Dotson Ray Nelson d/b/a Texas Stage Line has performed satisfactorily under the terms of its operating authority; the service provided continues to meet the public necessity and convenience, as defined by Chapter 34 of the City Code; Dotson Ray Nelson d/b/a Texas Stage Line is qualified to conduct its business and continues to comply with the requirements of Chapter 34 of the City Code; the general welfare of the citizens of the City will best be served by the continued operation of seven (7) horse-drawn carriages upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20747-05-2013, granting the privilege of operating authority to Dotson Ray Nelson d/b/a Texas Stage Line for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its horse-drawn carriage service, which shall consist of the operation of seven (7) horse-drawn carriages for a one (1) year period beginning on the effective date; providing for written acceptance by Dotson Ray Nelson d/b/a Texas Stage Line, subject to and conditioned on Dotson Ray Nelson d/b/a Texas Stage Line complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. B. Purchase of Equipment, Materials, and Services- Consent Items 1. M&C P-11524 - Authorize Amendment to Sole-Source Purchase Agreement for the Information Technology Solutions Department with Environmental System Research Institute, Inc., to Increase Amount by Up to $100,000.00 for Geographical Information Systems Software Licenses, Maintenance, Services and Training (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an amendment to a sole- source purchase agreement for the Information Technology Solutions Department with Environmental System Research Institute, Inc., increasing the amount by up to $100,000.00, which raises the total purchase agreement amount to the amount up to $250,000.00 for Geographical Information Systems software licenses, maintenance, services and training. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 5 of 25 2. M&C P-11525 - Authorize Amendment to Purchase Agreements for the Information Technology Solutions Department N�ith Anixter, Inc., AT&T Corporation, Avaya, Inc., Future Com, LTD, as a Reseller for Juniper Networks US, Inc., and Graybar Electric Company, Inc., to Increase the Combined Total Amount by Up to 5200,000.00 to Purchase Network and Communication Equipment, Parts, Maintenance and Services for All City Departments Increasing the Total Purchase Agreement Amount to $2,200,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize amendments to purchase agreements for the Information Technology Solutions Department with Anixter, Inc., AT&T Corporation, Avaya, Inc., Future Com, LTD, as a Reseller for Juniper Networks US, Inc., and Graybar Electric Company, Inc., using multiple State of Texas Department of Information Resources cooperative contracts to increase the total combined amount by up to 5200,000.00 to purchase network and communication equipment, parts, maintenance and related services. 3. M&C P-11526 - Authorize Purchase Agreement NNith Digi International for Cellular Routers for Traffic Signal Controllers for the Transportation and Public Works Department in the Amount Up to $57,750.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Digi International for cellular routers for traffic signal controllers for the Transportation and Public Works Department in the amount up to S57,750.00 for the first year. C. Land - Consent Items 2. M&C L-15551 - Authorize Direct Sale of a Tax-Foreclosed Property Located at 5425 East Berry Street to the Fort Worth Local Development Corporation for a Sales Price in the Amount of $19,750.00, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the direct sale of a tax- foreclosed property located at 5425 East Berry Street to the Fort Worth Local Development Corporation for a sales price in the amount of S19,750.00, in accordance with Section 34.05 of the Texas Tax Code; and authorize the execution and recording of the appropriate instruments conveying the property to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 6 of 25 3. M&C L-15552 - Authorize Acquisition of a Fee Simple Interest in 3.515 Acres of Land for Right-of-Way from AIL Investment, L.P., and 1.079 Acres of Land for Right-of-Way from Hillwood Alliance Residential, L.P., for the Old Denton Road Improvements Project from Golden Triangle Boulevard South to Heritage Trace Parkway, Grant a Transportation Impact Fee Credit in the Amount Not to Exceed $990,678.15 and Pay Estimated Closing Costs in the Amount Up to $8,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 3.515 acres of land described as Parcel No. 4, 10477 Old Denton Road and Parcel No. 5, North Freeway, Abstract No. 999, William McCowens Survey for right-of-way from AIL Investment, L.P., and 1.079 acres of land for right-of-way described as Parcel No. 6, Old Denton Road, Abstract No. 1690, Samuel P. Williams Survey, from Hillwood Alliance Residential, L.P., for the Old Denton Road Improvements Project from Golden Triangle Boulevard South to Heritage Trace Parkway; grant a transportation impact fee credit to landowners in a collective amount not to exceed $990,678.15; 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 $8,000.00. 4. M&C L-15553 - Authorize Acquisition of a Fee Simple Interest in 0.241 Acres of Land for Right-of-Way from Jerry E. Crawford in the Amount of$42,016.00 and the Acquisition of 0.029 Acres of Land for Right-of-Way from the E Crawford Family Limited Partnership in the Amount of $4,988.00 for the Ray White Road Gap Improvement Project, Located Between North Beach Street and the Crawford Farms Subdivision and Pay the Estimated Closinp_ Costs Up to $5,000.00 for a Total in the Amount of$52,004.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.241 acres of land described as 4399 Crawford Road, Abstract No. 99, Tract 20A01, for right-of-way from Jerry E. Crawford in the amount of$42,016.00 and the acquisition of 0.029 acres of land described as 4399 Crawford Road, William McCowens Survey for right- of-way from the E Crawford Family Limited Partnership in the amount of$4,988.00 for the Ray White Road Gap Improvement Project, located between North Beach Street and the Crawford Farms subdivision and pay the estimated closing costs up to $5,000.00 for a total in the amount of $52,004.00; find that the total purchase price in the amount of $47,004.00 is just compensation; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and to pay the estimated closing costs in the amount up to $5,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 7 of 25 5. M&C L-15554 - Authorize Acquisition of a Fee Simple Interest in 0.0159 Acres and an Easement Interest in 0.0179 Acres for a Temporary Construction Easement in a Vacant Lot for the Renovation of the Saginaw No. 4 Water Meter Station Located at the Corner of Bailev Boswell Road and Old Decatur Road from BNM Properties, L.P., in the Amount of $8,515.00, Authorize Payment of Estimated Closing Costs in the Amount Up to $1,000.00, for a Total Acquisition Cost in the Amount of$9,515.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.0159 acres and an easement interest in 0.0179 acres in a vacant lot described as Abstract No. 1497, Tract 4.1, Benjamin Thomas Survey, for the renovation of the Saginaw No. 4 Water Meter Station, located at the corner of Bailey Boswell Road and Old Decatur Road from BNM Properties, L.P., in the amount of 58,515.00; find that the total purchase price in the amount of $8,515.00 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 $1,000.00. 6. M&C L-15555 - Authorize Acquisition of a Fee Simple Interest in 1.541 Acres of Land for Right-of-Wav from Hillwood Alliance Residential, L.P., 2.125 Acres of Land for Right-of-Wav from AIL Investment, L.P., and .666 Acres of Land for Right-of-Wav from Hillwood Multifamily Land, L.P., for the North Riverside Drive Road Improvements Project from Dalton Road South to Shiver Road, Grant Transportation Impact Fee Credit in a Collective Amount Not to Exceed $934,074.90 and Pav Estimated Closing Costs in the Amount Up to $8,000.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 1.541 acres of land described as Old Denton Road, Abstract No. 1690, S.R. Williams Survey, for right-of-way from Hillwood Alliance Residential, L.P., 2.125 acres of land described as Old Denton Road, Abstract No. 999 William McCowens Survey, for right-of-way from AIL Investment, L.P., and .666 Acres of land described as Old Denton Road, Abstract No. 999 William McCOwens Survey, for right-of-way from Hillwood Multifamily Land, L.P., for the North Riverside Drive Road Improvements Project from Dalton Road South to Shiver Road; grant transportation impact fee credit to the landowners in a collective amount not to exceed $934,074.90; and authorize the City Manager or his designee to accept the conveyances, pay just compensation, record the appropriate instruments and pay estimated closing costs in the amount up to $8,000.00. 7. M&C L-15556 - Authorize Execution of an Easement Agreement with Atmos Energy for the Installation of a Twenty-Four Inch Gas Line Along the East Propertv Line of the Future Marv's Creek Water Reclamation Facility Near Chapin Road in West Tarrant County (COUNCIL DISTRICTS 3 and 71 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 8 of 25 The City Council approved the following recommendation: Authorize the execution of a 50 foot wide Easement Agreement with Atinos Energy in the amount of$128,500.00 paid to the City for the installation of a 24 inch gas line along the east property line of the future Mary's Creek Water Reclamation Facility; and authorize the execution and recording of necessary documents to complete the conveyance. D. Planning & Zoning- Consent Items - None E. Award of Contract- Consent Items 1. M&C C-26242 - Authorize Execution of a Contract with CPS Civil, LLC, in the Amount of $267,176.00 for the Construction of Pedestrian and Streetscape Improvements in the Historic Handley Urban Village on East Lancaster Street Between Forest Avenue and Handley Drive and Provide for Survey, Materials Testing, Inspections and Contingencies for a Protect Total in the Amount of $336,031.27 (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of a contract with CPS Civil, LLC, in the amount of $267,176.00 for the construction of pedestrian and Streetscape improvements in the Historic Handley Urban Village on East Lancaster Street between Forest Avenue and Handley Drive. 2. M&C C-26243 - Authorize Extension No. 1 to City Secretary Contract No. 44074 with Lina T. Ramey and Associates, Inc., in the Amount of $150,000.00 for Professional Land Surveying Services for a Revised Contract in the Amount of $300,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Extension No. 1 to City Secretary Contract No. 44074 with Lina T. Ramey and Associates, Inc., in the amount of $150,000.00 for Professional Land Surveying Services related to city infrastructure projects for a revised contract in the amount of$300,000.00 and extend the term of the agreement to January 16, 2015. 3. M&C C-26244 - Authorize Execution of Change Order No. 1 to City Secretary Contract No. 43042 with Conatser Construction TX LP., in the Amount of $170,811.00 for Additional Water and Sewer Improvements for a Total Revised Contract in the Amount of $3,098,423.50 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the transfer of $150,663.48 from the Water and Sewer Fund in the amount of$13,991.70 to the Water Capital Projects Fund and $136,671.78 to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 20748-05-2013, increasing the estimated receipts and appropriations in the Water CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 9 of 25 Capital Projects Fund in the amount of $13,991.70, from available funds, for the purpose of adding a sewer line in McLemore Avenue to serve the Loft Development, an Urban Village Project; adopt Appropriation Ordinance No. 20749-05-2013, increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $136,671.78 from available funds, for same purpose as stated above; and authorize execution of Change Order No. 1 to City Secretary Contract No. 43042 with Conatser Construction TX, LP., in the amount of $170,811.00 for additional water and sewer improvements for a total revised contract in the amount of$3,098,423.50. 4. M&C C-26245 - Authorize Execution of Amendment No. 2 to an Agreement with Freese and Nichols, Inc., City Secretary No. 33120, in the Amount of $352,698.00 to Perform a Feasibility Enaineerina Evaluation for Various Surface and Subsurface Stormwater Detention Options in the Central Arlington Heights Storm Drain System, Therebv Revising the Total Contract in the Amount of $856,623.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize execution of Amendment No. 2 to an agreement with Freese and Nichols, Inc., City Secretary No. 33120, in the amount of $352,698.00 to perform a feasibility engineering evaluation for various surface and subsurface storinwater detention options in the Central Arlington Heights storm drain system, thereby revising the total contract in the amount of$856.623.00. 5. M&C C-26246 - Authorize Execution of an Enaineerina Services Agreement with Freese and Nichols, Inc., in the Amount of 5396,700.00 for the Design of East Rosedale Retrofit Improvements from Interstate Highway 35W to U.S. Highway 287 (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of an engineering agreement with Freese and Nichols, Inc., in the amount of $396,700.00, for the preparation of engineering documents necessary for the construction of East Rosedale Retrofit Improvements from Interstate Highway 35W to U.S. Highway 287. 6. M&C C-262.17 - Authorize Temporary Closure of Cromwell Marine Creek Road from Bowman Roberts Road to Huffines Boulevard/Bob Hangar Street and the Temporary Closure of Bob Hangar Road from Hereford Drive to Angus Drive from July 1, 2013 to September 16, 2013 for the Construction of Lake Crest Stormwater Drainage Improvements (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the temporary road Closure of Cromwell Marine Creek Road from Bowman Roberts Road to Huffines Boulevard/Bob Hangar Street and the temporary closure of Bob Hangar Road from Hereford Drive to Angus Drive from July 1, 2013, to September 16, 2013, to construct a new storm drain pipeline and repave the project area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY t4, 2013 Page 10 of 25 7. M&C C-26248 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 43084, an Engineering Services Agreement with URS Corporation, in the Amount of$59,995.00 for the Design of Stormwater Utility Project-Carten Street Erosion Protection and Drainage Improvements, Thereby Increasing the Total Contract Amount to $203,675.00 (COUNCIL DISTRICTS 4 and 5) The City Council approved the following recommendation: Authorize execution of Amendment No. I to City Secretary Contract No. 43084, an engineering services agreement with URS Corporation, in the amount of $59,995.00 for the design of Stormwater Utility Project-Carten Street Erosion Protection and Drainage Improvements, thereby increasing the total contract amount to $203,675.00. 8. M&C C-26249 - Authorize Execution of an Engineering Services Agreement with Freese and Nichols Inc. in the Amount of $341607.00 for Design and Construction Phase Services for the Central Arlington Heights-Western Avenue Water, Sewer, Drainage and Pavement Improvements, CP No. 01776 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an engineering services agreement with Freese and Nichols, Inc., in the amount of$341,607.00, for design and construction phase services for the Central Arlington Heights-Western Avenue water, sewer, drainage and pavement improvements. 9. M&C C-26250 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of$603,405.10 for the Construction of Fossil Drive Storm Drain Improvements Unit I and Provide for Construction Management and Related Services for a Total Project in the Amount of $699,191.40 (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$603,405.10 for the construction of Fossil Drive Storm Drain Improvements Unit I and provide for construction management and related services for a total project in the Amount of$699,191.40. 10. M&C C-26251 - Authorize Execution of a Contract with Klutz Construction, LLC, in the Amount of $367,728.00 for Tony's Creek Detention Basin Rehabilitation Project and Provide for Contingencies and Construction Services for a Total_P_roject in the Amount of$424,028.00 (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page I 1 of 25 The City Council approved the following recommendation: Authorize the execution of a contract with Klutz Construction, LLC, in the amount of $367,728.00 for the Tony's Creek Detention Basin Rehabilitation Project and provide for contingencies and construction services for a total project in the amount of 5 ,24,028.00. 11. _M&C C-26252 - Authorize Amendment No. 3 to Citv Secretary Contract No. 35728 with CourtView Justice Solutions for Thirty-Seven Additional User Licenses Including Support and Maintenance and Adopt Appropriation Ordinance in the Amount of 5247,890.00 for This Cost and Other Technology Enhancement Projects in the Municipal Court Services Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an amendment to City Secretary Contract No. 35728 with CourtView Justice Solutions for 37 additional user licenses. The amendment shall include the additional licenses to the annual service Agreement and authorize the increased cost for the agreement year; and adopt Appropriation Ordinance No. 20750-05-2013, increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of 5247,890.00 from available funds for the purpose of funding maintenance and support to the CourtView Case Management System and other technology enhancement projects in the Municipal Court Services Department. 12. M&C C-26253 - Authorize Execution of a Terminal Building Office Lease Agreement with The Official Pilot Shop, LLC d/b/a The Pilot Shop, for Suites 100, 101 and IOTA in the Meacham Terminal Building at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a Terminal Building Office Lease Agreement with The Official Pilot Shop, LLC deb/a The Pilot Shop, for Suites 100, 101 and 101 A in the Meacham Terminal Building at Fort Worth Meacham International Airport. 13. M&C C-26254 - Authorize Provision of Water Service at 1.25 Times the Retail Rate to the Property Located at 11150 SH 114 in Denton County, Pursuant to City Code Section 35-6013, Uses Outside City (Adjacent to COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the Water Department to provide water service at 1?5 times the retail rate to property located at 11150 SH 114 in Denton County, pursuant to City Code Section 35-60B, Uses Outside City; and authorize the execution of an agreement for such services. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14,2013 Page 12 of 25 14. M&C C-26255 - Authorize Execution of a Sole Source Services Agreement with ChemWare Inc., to Upgrade the Laboratory Instrument Management System, Provide Software Implementation Services, and Provide Software Maintenance and Support Services for the Water Department in the Amount of$68,435.00 Per Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a sole source services agreement with ChemWare Inc., to upgrade the Laboratory Instrument Management System, provide software implementation services, and provide software maintenance and support services for the Water Department in the amount of $68,435.00 per year. 15. M&C C-26256 - Authorize License Agreement with Fort Worth Symphony Orchestra Association for Use of the Fort Worth Botanic Garden for the Concerts in the Garden Series (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of a license agreement with the Fort Worth Symphony Orchestra Association for the annual Concerts in the Garden Series held at the Fort Worth Botanic Garden. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1887 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. C. Land - Consent Items Removed from Consent Agenda for Individual Consideration 1. M&C L-15550 - Authorize Convevance of an Easement to Cyndy and Gary Walters for an Encroachment at 2031 West Lotus Avenue Alone Oakhurst Scenic Drive (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the conveyance of an easement to Cyndy and Gary Walters for an encroachment at 2031 West Lotus Avenue along Oakhurst Scenic Drive; and authorize the execution and recording of necessary documents to complete the conveyance. Ms. Janice Michel, 2115 Primrose Avenue, appeared before Council in support of Mayor and Council Communication L-15550 and provided a petition to the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 13 of 25 Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication L-15550 be approved with appreciation. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation of RFD-TV Dav Council Member Espino presented a proclamation for RFD-TV Day to Ms. Raquel Gottsch, Executive Vice President of Marketing, RFD-TV and Ms. Pam Minick, Billy Bob's Texas. He stated that RFD-TV was Rural .l mcrica's Most hnportant Network with programming designed to both cultivate and nourish the country lifestyle. RFD-TV features family friendly television programs for audiences interested in farming, ranching, agriculture, equine sports and country music. He pointed out that many of RFD-TV programs were produced in North Texas and the Fort Worth Stockyards, including the Superior Livestock Auction-the world's largest televised livestock auction-as well as the American Rancher, Gentle Giants, the Fort Worth Stock Show Sale of Champions and the All American Cowgirl Chicks. He stated that people who loved and respected the land made up the largest share of the RFD-TV audience which embraced the traditions that are woven into the fabric of every countryside covering the growing market with a wide variety of programs and features designed to connect viewers to their roots and introduce others to this tranquil way of life. He further stated that Charter Cable now offered RFD-TV to viewers in the Fort Worth area giving the citizens of Coxvtown the opportunity to enjoy family friendly Cowboys and Agri-Culture programming. Ms. Gottsch stated that her family had started RFD-TV over 12 years ago and that they were proud to be on Charter Cable now. She further stated that there would be a launch party Thursday, May 16, 2013, in the Stockyards and invited all to attend. 2. Presentation of Proclamation of Bike to Work Dav Mayor Price presented a proclamation for Bike to Work Day to Ms. Julia McCleeary, Planning and Development, Mr. Mike Brennan, Fort Worth South and Mr. Mark Troxler, Bike Friendly Fort Worth. She stated that for more than a century, bicycles have been a utilitarian, economical, environmentally sound and effective means of personal transportation, recreation and fitness and that the City of Fort Worth recognized bicyclists as legitimate roadway users and therefore were entitled to legal and responsible use of public roadway facilities in Texas. She added that the City of Fort Worth encouraged the use of bicycles as a means of transportation as the increased use of the bicycle would benefit residents as well as visitors by improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources and fostering exercise. She stated that in 1956, the League of American Bicyclists established May as National Bicycle Month, which for more than 55 years had served as the perfect time for new or returning riders to get back on the saddle and ride their bike to work. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 14 of 25 Mr. Brennan expressed his appreciation to the Mayor, Council, City staff and all involved for making Fort Worth a bike friendly city. He stated that the bike share system had been on the ground since April 22, 2013, and that the bike share program had sold 1,227 short term memberships and 261 annual memberships. He added that there had been close to 2,500 trips that had been taken and that the riders had collectively burned over 500,000 calories. Mayor Price stated that Mr. Troxler had given her a "Rules of the Road" card for bikers and that they planned to have those cards placed in the shared bikes for the riders to follow. Ms. McCleeary stated that there would be four (4) group rides into downtown on Friday, May 17, 2013, from the north, south, east and west and that it was a great opportunity to ride with others and meet new people. 3. Presentation of Proclamation of Motorcycle Safety and Awareness Month Council Member Espino presented a proclamation for Motorcycle Safety and Awareness Month to Mr. Michael Goyette, Ride Safe in Texas. He stated that motorcycles were an important, energy-efficient means of transportation and a popular source of recreation which many citizens enjoy today. He further stated motorcyclists were often unprotected and were more prone to injury or death in a crash than other vehicle drivers; therefore, campaigns, through a comprehensive approach to motorcycle safety, had helped inform riders and motorists alike on motorcycle safety issues in an effort to reduce motorcycle-related risks, injuries and most of all fatalities. He pointed out that it is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists and regard them with the same respect as any other vehicle traveling the highways of this country, just as it is the responsibility of riders and motorists to obey all traffic laws and safety rules. He stated that we encourage all residents of our community to become aware of the inherent danger involved in operating a motorcycle, as well as for riders and motorists alike, to give each other the mutual respect they deserve. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Burns announced that on Saturday, May 18, 2013, from 4:00 p.m. until 10:00 p.m., ArtsGoggle would take place in the Near Southside area and he invited all to attend. Council Member Jordan announced that on Thursday, May 16, 2013, at 5:30 p.m., the first pitch would be thrown out at the YMCA Sports Complex, forinerly known as Blue Raider Field and he invited all to attend. Mayor Price announced that a community walk would be held in the District 6 neighborhood on Saturday, May 18, 2013, at 11:30 a.m., at Candleridge Park, located at 4301 French Lake Drive and she invited all to attend. She added that on Saturday, May 18, 2013, at 9:00 a.m., there CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 15 of 25 would be a south side bike ride in District 9, located at 777 East Rosedale Street. She also 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. 2. Recognition of Citizens There were no citizen presentations. 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 Motion: Council Member Kelly Allen Gray made a motion, seconded by Council Member Jordan, that Mr. Curtis Toombs be appointed to Place 8 on the Historic and Cultural Landmarks Commission, with a term expiring on October 1, 2014. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 2. Council Proposal No. 294 - City-Initiated Zoning Change for 2002 Stalcup Road There was presented Council Proposal No. 294 - City-Initiated Zoning Change for 2002 Stalcup Road. Council Member Moss clarified that the Council had gone through a Council initiated rezoning within the Historic Stop Six Neighborhood several years ago. He stated that the particular piece of property was zoned "B" two-family but was being used for commercial use and that the properties on each side were zoned commercial. He stated that instead of zoning the lot for commercial, it was rezoned to "A" single-family, which had created a problem for the owner because it was a legal noncontorining use and he had closed for two (2) years. He further stated that when he tried to reopen, lie was unable to due to the zoning of the property and that the Council Proposal would correct the zoning so the owner could reopen their business. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Council Proposal No. 294 be approved. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 16 of 25 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 RESOLUTIONS 1. A Resolution Appointing Hearing Officers to Hear Appeals of Ethics Code Cases It was recommended that the City Council adopt a Resolution appointing hearing officers to hear appeals of ethics code cases. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Resolution No. 4202-05-2013 be adopted appointing Steven C. Williamson, Karen Hutchinson Gordon, Stephen E. Gordon and Mark G. Daniel as hearing officers to hear appeals of ethics code cases with terms expiring on the later of December 31, 2013, or the date as of which their successors have been appointed. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 2. AResolution Appointing the Chief Financial Officer to the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth It was recommended that the City Council adopt a Resolution appointing the Chief Financial Officer to the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, that Resolution No. 4203-05-2013 be adopted appointing Susan Alanis to serve on the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth as the Trustee for Place 13. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. XIV. REPORT OF THE CITY MANAGER A. Benefit Hearing- None B. General 1. M&C G-17892 - Adopt Resolution Amending the Policy for the Urban Village Storefront/Facade Improvement Program to Change the Appellate Body from the Urban Design Commission to the Community Development Council (COUNCIL DISTRICTS 2, 5, 8 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NIAY 14, 2013 Page 17 of 25 It was recommended that the City Council adopt an amendment to the policy for the Urban Village Storefront/Facade Improvement Program (Resolution No. 4181-02-2013), to incorporate a revision changing the appellate body from the Urban Design Commission to the Community Development Council. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-17892 be approved and Resolution No. 4204-05-2013 be adopted. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 2. M&C G-17893 - .authorize City of Fort Worth's Fiscal Year 2014 Funding Application in the Amount of 558,250,465.00 to the Crime Control and Prevention District Board of Directors (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the City of Fort Worth's Fiscal Year 2014 Funding Application in the amount of S58,250,465.00 to the Crime Control and Prevention District Board of Directors. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. G-17893 be approved. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. C. Purchase of Equipment, Materials, and Services 1. M&C P-11527 - Authorize Non-Exclusive Purchase Agreements with Multiple Vendors for Asphalt and Pothole Patching Mix for the City of Fort Worth in the Amount Up to 54,483,490.68 for the First Year (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize non-exclusive purchase agreements with multiple vendors for asphalt and pothole patching mix for the City of Fort Worth in the amount up to $4,483,490.68 for the first year. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-11527 be approved. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. D. Land 1. M&C L-15557 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.045 Acres of Land for a Permanent Sanitary Sewer Easement, Located at 5415 Anderson Avenue and Owned by Charlie Mae Cole and Leasse Cole for Sanitary Sewer Rehabilitation and Replacement (COUNCIL DISTRICT 5) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 18 of 25 It was recommended that the City Council declare that negotiations between the City and the landowners were unsuccessful due to the owners non-response to the City's recent attempts to negotiate a purchase price to acquire approximately 0.045 acres of land for a permanent sanitary sewer easement on land owned by Charlie Mae Cole and Leasse Cole, known as 5415 Anderson Avenue, Sunrise Addition, Lot 3, Block 1, Tarrant County, Texas, for the purpose of replacing old and installing new sewer lines; declare the necessity to acquire the described easement interest in the subject property for the Sanitary Sewer Rehabilitation; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described easement interest in the property; authorize payment pursuant to an award of commissioners or negotiated settlement; and authorize the City Manager or his designee to accept and record appropriate instruments. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L-15557 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire an easement interest in 0.045 acres of land for the sanitary sewer easement, out of the Sunrise Addition, Lot 3, Block 1, also known as 5415 Anderson Avenue, for the City to replace the existing sewer lines with new lines. The easement the City seeks is further described in the metes and bounds and survey documents attached to M&C No. L-15557. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 2. M&C L-15558 - Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.1239 Acres of an Improved Lot Located at 3511 Lebow Street Owned by Rosalva Osornia and Margarita Alvarez for the Lebow Channel Drainage Improvements Project (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and the landowner to acquire a fee simple interest in 0.1239 acres of an improved lot owned by Rosalva Osorma and Margarita Alvarez and known as 3511 Lebow Street, Lot 13, Block 16, Dixie Wagon Mfg. Co. Addition, City of Fort Worth, Tarrant County, Texas, according to the deed recorded in Instrument No. D205008260, Deed Records, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement to purchase; declare the necessity to acquire the fee simple interest in the subject property for the Lebow Channel Drainage Improvements Project; authorize the City Attorney to institute condemnation by eminent domain proceedings for a fee simple interest in 0.1239 acres of improved land to be used for drainage improvements; authorize the payment pursuant to an award of commissioners and/or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the acceptance and recording of appropriate instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 19 of 25 Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L-15558 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire 0.1239 acre for a fee simple taking from Rosalva Osorma and Margarita Alvarez needed for the Lebow Channel Drainage hnprovements Project from the tract of land known as Lot 13, Block 16, Dixie Wagon Mfg. Co. Addition, Tarrant County, Texas, also known as 3511 Lebow Street. The land rights will be used for the Lebow Channel Drainage improvements. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. E. Planning & Zoning 1. M&C PZ-3022 - Consider Institution and Adoption of Ordinance for the Owner- Initiated Limited-Purpose Annexation of a Portion of Walsh Ranch, Consisting of Approximately 390.5 Acres of Land, North of I-20 and East of FM-1187/Farmer Road, AX-13-002 (COUNCIL DISTRICT 3) It was recommended that the City Council institute and adopt an Ordinance declaring certain (findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for limited-purpose annexation of a certain 390.5 acres (0.610 square miles) of land, more or less, out of the Houston Tap & Brazoria RR Co. Survey, Abstract 647 and the GE & AH Tandy Survey, Abstract 2356, Parker County, Texas situated about 14.6 miles south 89 degrees west of the Courthouse, Tarrant County, Texas (Case No. AX-13-002), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas. Motion: Mayor Pro tern Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ-3022 be approved and Ordinance No. 20751-05-2013 be adopted. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. F. Award of Contract 1. M&C C-26208 - Amend Mayor and Council Communication C-25504 to Extend Completion Deadline Under an Enhanced Community Facilities Agreement with Keystone Equity Partners, LLC, for Reconstruction of Old Decatur Road from Loop 820 to the Southern Boundary of the Proposed Commercial Metals Company Site (COUNCIL DISTRICT 2) (Continued from a Previous Meeting) It was recommended that the City Council amend Mayor and Council Communication C-25504 to extend the completion deadline under an Enhanced Community Facilities Agreement with Keystone Equity Partners, LLC, for reconstruction of Old Decatur Road from Loop 820 to the southern boundary of the proposed Commercial Metals Company site. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 20 of 25 Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-26208 be continued to May 21, 2013 Council meeting. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 2. M&C C-26257 - Authorize Execution of a Contract with JLB Contracting, LLC., in the Amount of $1,341,343.06 for Hot Mix Asphaltic Concrete Surface Overlay 2013-5 at Multiple Locations Throughout the City of Fort Worth (COUNCIL DISTRICTS 3, 5, 7, 8 and 9) It was recommended that the City Council authorize the execution of a contract with JLB Contracting, LLC. in the amount of$1,341,343.06 for 180 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2013-5 at multiple locations throughout the City of Fort Worth. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-26257 be approved. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 3. M&C C-26258 - Authorize Execution of a Contract with Conatser Construction TX LP in the Amount of $949,646.40 for the Construction of Tom Ellen Street and Long Avenue Storm Drain Improvements Unit 2 and Provide for Construction Management and Related Services for a Total Project in the Amount of$1,074,100.43 (COUNCIL DISTRICT 4) It was recommended that the City Council authorize the execution of a contract with Conatser Construction TX, LP, in the amount of$949,646.40 for the construction of Tom Ellen Street and Long Avenue Storm Drain Improvements Unit 2 and provide for construction management and related services for a total project in the amount of$1,074,100.43. Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-26258 be approved. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 4. M&C C-26259 - Ratify Emergency Procurement of Services from North Texas Contracting, Inc., in the Amount of$55,000.00 and William J. Schultz, Inc. d/b/a Circle "C" Construction Company, in the Amount of $83,000.00 for the Installation of Cleaning Wyes and Debris Removal for the Village Creek Reclaim Water Distribution System (COUNCIL DISTRICT 5) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 21 of 25 It was recommended that the City Council ratify the emergency procurement of services from North Texas Contracting, Inc., in the amount of 555,000.00 and William J. Schultz, Inc. d/b/a Circle "C" Construction Company, in the amount of 583,000.00 for the installation of cleaning wyes and debris removal for the Village Creek Reclaim Water Distribution System. Motion: Council Member Moss made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication No. C-26259 be approved. The motion carried 8 ayes to 0 nays, with Council Member-Shingleton absent. XV. PUBLIC HEARING Mayor Price opened the public hearing. 1. Conduct a Public Hearing on Proposed Citv Code Amendment to Allow Sale of Alcohol Within 300 Feet of Public and Private Schools and Public Hospitals in Central Business District and Other Nlixed-Use Districts It was recommended that the City Council conduct a public hearing on the proposed City Code Amendment to allow sale of alcohol within 300 feet of public and private schools and public hospitals in central business district and other mixed-use districts. a. Report of Citv Staff Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments Mr. Andy Taft, 777 Taylor Street, completed a comment card in support of the public hearing. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. XVL ZONING HEARING Mayor Price opened the public hearing. 1. ZC-12-112 - (CD 2) - Thomas Blanton, 3900 and 3950 Angle Avenue; from: "I" Light Industrial to: "D" High Density Multifamily (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-12-112. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 22 of 25 Mr. Joe Paniagua, 8125 Mount Shasta Circle, completed a speaker card in support of Zoning Docket ZC-12-112, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning Docket No. ZC-12-112 be continued to May 21, 2013, Council meeting. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 2. ZC-13-009 - (CD 2) - Legend Bank, Tarrant County Water District, 1351, 1801, 1811 E. Northside Drive; from: "O-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 plus hotel, permitting a parking area or garage as long as it is in conjunction with or auxiliary to an onsite business, a temporary residence for security purposes, a temporary trailer used for construction or storage 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 16, 2013, continued ZC-13-009. The following individuals completed a speaker card in support of Zoning Docket ZC-13-009 but did not wish to address the Council. Mr. Erik France, 6008 Wormar Avenue Mr. Ken Schaumburg, 815 West Daggett Avenue Ms. Libby Willis, 2300 Primrose Avenue, completed a comment card in opposition of Zoning Docket ZC-13-009. Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC-13-009 be continued to June 4, 2013, Council meeting. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 23 of 25 3. ZC-13-018 - (CD 2) - Electro-Tech Services Inc. 5116 Northeast Parkway; from: "K" Heavv Industrial to: "PD/K" Planned Development for all uses in "K" Heavv Industrial plus halfway house; 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-13-018. Council Member Espino stated that the halfway house located at Henderson Street and White Settlement Street had to be relocated due to the Trinity River Vision Project. The applicant applied for a zoning change to relocate to a facility located in the Mark IV Parkway industrial area near the Jack D. Watson Post Office and the Green Bay Facility that the County used as a detention center. He stated that he visited with the business owners in the area and that they were opposed to the site. He further stated that he also visited with Mr. Ron Shearer, President, Diamond Hill Neighborhood Association, who was also opposed to the site. The following individuals appeared before Council in opposition of Zoning Docket ZC-13-0 t 8. Mr. Ray Ouiesky, 201 Main Street, Suite 2500 Ms. Marlene Beckman, 2300 Medford Court East Mr. Bill Speer, 2441 Northeast Parkway Mr. Daryl Hoisager, 5603 Bailey Court, Arlington, Texas, completed a speaker card in opposition of Zoning Docket ZC-13-018 but did not wish to address the Council. The following individuals completed a comment card in opposition of Zoning Docket ZC-13-018. Ms. Teresa Pels, 4317 Lanark Avenue Mr. William Pels, 4317 Lanark Avenue Mr. Mike Reitz, 4922 Northeast Parkway Mr. Jeff Zimmerer, 4900 Mark IV Parkway Council Member Burns requested a staff presentation on halfway houses be presented to the Council and to have the Zoning Commission and the Planning and Development Department available to provide information on what other cities have done in terms of number of occupants in these types of facilities. Council Member Scarth stated that the City had needs in regards to numerous individuals who got out of prison and that there needed to be an orderly way to integrate them back into society. He further stated that he did not know of a residential neighborhood that would be willing to have a halfway house in the area, but that he did understand the concerns of the businesses located in the industrial area. He stated that if this was something that would occur within the City limits, the City had to figure out a place for halfway houses to be located and if it was not CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 24 of 25 within the City limits, then the City needed to be prepared for the consequences of not adequately providing for individuals who were trying to make the transition from prison to civilian life. He requested a workshop or examination be held to study the issue and determine a solution. Council Member Espino expressed his appreciation to everyone who spoke on this issue and that he shared their concerns. He stated that he was going to continue this case so that the applicant could look at alternative sites. Motion: Council Member Espino made a motion, seconded by Council Member Moss, recommending the the applicant visit with business owners to look at alternate sites, and that Zoning Docket No. ZC-13-018 be continued to June 4, 2013, Council meeting. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. 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 28, 2013. 4. ZC-13-076 - (CD-ALL) - City of Fort Worth Planning & Development; Text Amendment: Near Southside Mobile Vendor Amendment: 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, By Amending: Article 1 "Standards For Selected Uses", of Chapter 5, "Supplemental Use Standards," Section 5.406 "Mobile Vendors" Subsection C.13 "Operational Requirements" to allow more than one mobile vending unit per individual tract, parcel or platted lot in the Near Southside Zoning District with approval by the Urban Design Commission (Recommended for Approval by the Zoning Commission) Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC-13-076 be approved and Ordinance No. 20752-05-2013 be adopted. The motion carried 8 ayes to 0 nays, with Council Member Shingleton absent. XVIL CITIZEN PRESENTATIONS Mr. Jason Brown, 2112 Pembroke Drive, appeared before Council in favor of proposed changes to Forest Park Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 14, 2013 Page 25 of 25 Ms. Mary Eads, 2107 Forest Park Boulevard, appeared before Council regarding opposition to Forest Park Road diet. Mr. George Vernon Chiles, 2800 Jennings Avenue, appeared before Council regarding Trinity River Vision and flood control. Mr. Eric Sammons, 5436 McConnell Drive, appeared before Council regarding distemper at Fort Worth Animal Care and Control. Ms. Carissa Harris, 15827 E1 Estado Drive, Dallas, Texas, 75248, appeared before Council regarding Fort Worth Animal Care and Control. Mayor Price requested that the citizens planning to attend the meeting retarding the distemper outbreak later in the week with Mr. Charles Daniels, Assistant City Manager, please bring medical records for the animals that were diagnosed with distemper to the meeting. XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XIX. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 8:11 p.m. These minutes approved by the Fort Worth City Council on the 21 st day of May, 2013. Attest: Approved: Wry J. Kay Betsy Price City Secreta `-" Mayor