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HomeMy WebLinkAbout2013/07/09-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Absent: Council Member Salvador Espino, District 2 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary Council Member-Elect Gyna M. Bivens 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 7:10 p.m. on Tuesday, July 9, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino absent. II. INVOCATION - Pastor James Womack, Destiny Church The invocation was provided by Pastor James Womack, Destiny Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF JUNE 4, 2013 AND MINUTES OF CALLED-SPECIAL MEETING OF JUNE 18, 2013 Motion: Council Member Jordan made a motion, seconded by Council Member Burns, that the minutes of the Regular meeting of June 4, 2013, and the minutes of the Called- Special meeting of June 18, 2013, be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 2 of 38 V. OUTGOING REMARKS OF COUNCIL MEMBER FRANK MOSS Council Member Moss stated that it was an honor to have served as the District 5 Council representative and to serve the City and his district. He expressed appreciation to his family, Council Aide Michelle Reynolds, City Council colleagues, City staff and the citizens who had supported him. He stated that some of the major accomplishments that they had done were the rezoning of the majority of District 5 which had given citizens input into what happened in their community; quality housing; the Arlington Lake Master Plan; work being completed on Lake Shore Drive and Cavile Place Historic Stop Six Transformation Plan. He also mentioned the artwork at the fire station on Trinity and Precinct Line Road; the opening of William McDonald Park located on Eastland Street and the Hip Hop for HIV event that would continue. VL PRESENTATION FROM THE CITY COUNCIL AND OTHERS TO COUNCIL MEMBER FRANK MOSS The City Council presented Council Member Moss with a rocking chair and expressed their appreciation for his service to the Citizens of District 5 and to the entire City. Mayor Price presented Council Member Moss with his City Council Portrait that hung outside the Council Chamber and expressed her appreciation to Council Member Moss for his service to the Citizens of District 5 and to the entire City. VII. ADMINISTRATION OF OATH OF OFFICE TO COUNCIL MEMBER ELECT GYNA M. BIVENS AND PRESENTATION OF CERTIFICATE OF ELECTION City Secretary Kayser administered the Oath of Office to Council Member-Elect Gyna M. Bivens. VIII. REMARKS AND INTRODUCTIONS BY COUNCIL MEMBER GYNA M. BIVENS Council Member Bivens expressed her appreciation to Former Council Member Moss for his service. She also expressed her appreciation to her family, Pastor, friends and citizens for their support. She recognized the Fort Worth Chapter of The Links Incorporated, her mother and her pastor who made remarks. IX. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication C-26307 be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 3 of 38 X. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication L-15575 and C-26307 be continued to the July 16, 2013, Council meeting. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication L-15564 and C-26318 be continued to the July 16, 2013, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. XI. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that the Consent Agenda be approved as amended. The motion carried unanimously 7 ayes to 0 nays, with 1 abstention by Council Member Bivens and Council Member Espino absent. A. General - Consent Items 1. M&C G-17922 - Authorize Release of City Liens and Accrued Interest Filed on the Property Located at 3900 Hemphill Street for the Redevelopment of Terry's Supermarket (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the release of City liens and accrued interest filed on the property located at 3900 Hemphill Street for the redevelopment of Terry's Supermarket. 2. M&C G-17923 - Authorize Execution of Amendment No. 3 to City Secretary Contract No. 28336 with Allied Waste Systems, Inc. d/b/a Trinity Waste Services, for the Lease and Operation of the Southeast Landfill (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of Amendment No. 3 to City Secretary Contract No. 28336, with Allied Waste Systems, Inc. d/b/a Trinity Waste Services, for an estimated cost of $395,300.00 during the first year to allow the City to deliver yard waste to the Southeast Landfill for processing into mulch and compost. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 4 of 38 3. M&C G-17924 - Authorize Acceptance of Funds from Tarrant County 9-1-1 District in the Amount of $340,693.00 for the Public Safety Answering Points' Assistance Reimbursement Program for Fiscal Year 2013 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of funds from Tarrant County 9-1-1 District for Fiscal Year 2013 in the amount of $340,693.00 for the Public Safety Answering Points' Reimbursement Program; and adopt Appropriation Ordinance No. 20789-07-2013 increasing the estimated receipts and appropriations in the General Fund in the amount of $126,056.41 for the Fire Department and in the amount of $214,636.59 for the Police Department, from available funds, for the purpose of the Public Safety Answering Points' Reimbursement Program for Fiscal Year 2013. 4. M&C G-17925 - Adopt Resolution Authorizing an Increase of $400,000.00 in the Maximum Amount to be Paid to S.G. Johndroe, III and the Law Firm Cantey Hanger, LLP, as Outside Counsel for Legal Matters Related to the Alliance Airport Runway Extension Proiect, Thereby Increasing the Total Amount of Compensation to $1,500,000.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Resolution No. 4215-07-2013 authorizing a $400,000.00 increase to the maximum amount to be paid to S.G. Johndroe, III and the law firm Cantey Hanger, LLP, as outside legal counsel for the Alliance Airport Runway Extension Project, thereby increasing the total amount of compensation to $1,500,000.00. 5. M&C G-17926 - Adopt Resolution Authorizing the Increase of $30,000.00 in the Maximum Amount to be Paid to Dwight A. Shupe and the Law Firm of Shupe, Ventura, Lindelow & Olson, PLLC, as Outside Counsel in the Alliance Airport Runway Extension Proiect in the Amount Not to Exceed $90,000.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Resolution No. 4216-07-2013 authorizing a $30,000.00 increase to the maximum amount to be paid to Dwight A. Shupe and the Law Firm of Shupe, Ventura, Lindelow & Olson, PLLC, as outside legal counsel in the Alliance Airport Runway Extension Project in the amount not to exceed $90,000.00. 6. M&C G-17927 - Authorize Application for and Acceptance of, if Awarded, Funds Totaling $86,500.00 from the Amon G. Carter Foundation, the Sid W. Richardson Foundation and the Crystelle Waggoner Charitable Trust for the 2013 Como Community Center Youth Programs and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 5 of 38 The City Council approved the following recommendation: Authorize the application for and acceptance of, if awarded, funds totaling $86,500.00 from the Amon G. Carter Foundation, the Sid W. Richardson Foundation and the Crystelle Waggoner Charitable Trust for the 2013 Como Community Center Youth Programs; and adopt Appropriation Ordinance No. 20790-07-2013 increasing estimated receipts and appropriations in the Grants Fund in the amount of$86,500.00, subject to receipt of funds from the Amon G. Carter Foundation, the Sid W. Richardson Foundation and the Crystelle Waggoner Charitable Trust, for the purpose of supporting the 2013 Como Community Center Youth programs. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11540 - Authorize Non-Exclusive Purchase Agreements with Makro Technologies, Inc., P.I.E. Management, LLC, TBey Consulting Group, Inc., and TS Staffing Services, Inc., for a Combined Amount Up to $525,000.00 for the First Year, to Provide Temporary Professional Employment Services to the City of Fort Worth (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Non-Exclusive Purchase Agreements with Makro Technologies, Inc., P.I.E. Management, LLC, TBey Consulting Group, Inc., and TS Staffing Services, Inc., for a combined amount up to $525,000.00 for the first year, to provide temporary professional employment services to the City of Fort Worth. 2. M&C P-11541 - Authorize Non-Exclusive Purchase Agreements with Brenntag Southwest, Inc., DPC Industries, Co., Pennco, Inc., and Key Chemical, Inc., to Provide Water Treatment Chemicals to the Water Department for a Combined Amount Up to $2,000,000.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Non-Exclusive Purchase Agreements with Brenntag Southwest, Inc., DPC Industries, Co., Pennco, Inc., and Key Chemical, Inc., to provide water treatment chemicals to the Water Department for a combined amount up to $2,000,000.00 for the first year. 3. M&C P-11542 - Authorize Purchase Agreement to HD Supply Waterworks, LTD, in the Amount Up to $60,000.00 for the First Year, for Various Flexible Pipe Couplings and Adapters for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Purchase Agreement with HD Supply Waterworks, LTD, in the amount up to $60,000.00 for the first year, for various flexible pipe couplings and adapters for the Water Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 6 of 38 4. M&C P-11543 - Authorize Purchase of Four Brush Chippers from Vermeer Equipment of Texas, Inc., in the Amount of $152,828.00 Using a Cooperative Contract for the Parks and Community Services Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of four brush chippers from Vermeer Equipment of Texas, Inc., in the amount of$152,828.00 using the Texas Association of School Boards Cooperative Contract No. 345-10 for the Parks and Community Services Department. 5. M&C P-11544 - Authorize Sole Source Purchase Agreement with Pan-Tech Controls Company in the Amount Up to $95,000.00 for the First Year, for Endress+Hauser Instrumentation, Meters, Repair Service and Parts for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement with Pan-Tech Controls Company in the amount up to $95,000.00 for the first year, for Endress+Hauser instrumentation, meters, repair service and parts for the Water Department. 6. M&C P-11545 - Authorize Purchase of Two Truck Tractors from Rush Truck Centers of Texas, L.P., in the Amount of $289,071.00, Using a Texas Association of School Boards Cooperative Contract for the Transportation and Public Works and Water Departments (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of two truck tractors from Rush Truck Centers of Texas, L.P., in the amount of$289,071.00, using the Texas Association of School Boards Cooperative Contract No. 358-10 for the Transportation and Public Works and Water Departments. 7. M&C P-11546 - Authorize Sole Source Purchase Agreement for the Whelen CanTrol Emergency Light and Siren Management Systems from Baby Jack II Automotive LTD d/b/a Caldwell Country Chevrolet, in the Amount of$98,644.00 for the Police Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Sole Source Purchase Agreement for the Whelen CanTrol Emergency Light and Siren Management Systems from Baby Jack 11 Automotive LTD d/b/a Caldwell Country Chevrolet, in the amount of $98,644.00 for the Police Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 7 of 38 8. M&C P-11547 - Authorize Sole Source Agreement with Informa Systems, Inc., in the Amount of $61,000.00 for the First Year for Learning Management Services for the Police Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Sole Source Agreement with Informa Systems, Inc., in the amount of $61,000.00 for the first year for learning management services for the Police Department. 9. M&C P-11548 - Authorize Purchase of Cues TV Camera and Video System Also Known as Video Camera Inspection System from Austin Truck and Equipment, LTD d/b/a Freightliner of Austin, in the Amount of $150,517.00, Using a Texas Association of School Boards Cooperative Contract for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of Cues TV Camera and Video System also known as Video Camera Inspection System from Austin Truck and Equipment, LTD d/b/a Freightliner of Austin, in the amount of$150,517.00, using the Texas Association of School Boards Cooperative Contract No. 358-10 for the Water Department. 10. M&C P-11549 - Authorize Purchase of Two Animal Control Trucks for the Code Compliance Department from Baby Jack II Automotive LTD d/b/a Caldwell Country Ford, in the Amount of $78,252.00 Using a Texas Association of School Boards Cooperative Contract (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of two animal control trucks for the Code Compliance Department from Baby Jack 11 Automotive LTD d/b/a Caldwell Country Ford, in the amount of $78,252.00 using Texas Association of School Boards Cooperative Contract No. 358-10. 11. M&C P-11550 - Authorize Purchase of an Open Vision LT X-Ray System for the Fire Department from QSA Global, Inc., in the Amount of $62,590.17 Using a General Services Administration Cooperative Contract (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of an Open Vision LT X-Ray System for the Fire Department from QSA Global, Inc., in the amount of $62,590.17 using General Services Administration Cooperative Contract No. GS-0717-0280T. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 8 of 38 12. M&C P-11551 - Authorize Sole Source Purchase from Remotec, Inc., in the Amount of $179,751.00, of a Remotec Bomb Robot System, Equipment and Accessories for the Fire Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Sole Source Purchase from Remotec, Inc., in the amount of $179,751.00, of a Remotec Bomb Robot System, equipment and accessories for the Fire Department. 13. M&C P-11552 - Authorize Purchase of a Crane Truck from Rush Truck Centers of Texas, L.P., in the Amount of $240,557.00, Using a Houston Galveston Area Council Cooperative Contract for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a crane truck from Rush Truck Centers of Texas, L.P., in the amount of$240,557.00, using the Houston Galveston Area Council Cooperative Contract No. HT 11-12 for the Water Department. C. Land - Consent Items 1. M&C L-15563 - Authorize Direct Sale of a Tax-Foreclosed Property Located at 2709 East Rosedale Street to Luz Elena Castro and Miguel Angel Castro for a Sale Price in the Amount of $11,988.12, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the direct sale of a tax- foreclosed property located at 2709 East Rosedale Street to Luz Elena Castro and Miguel Angel Castro for a sale price in the amount of $11,988.12, 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. 3. M&C L-15565 - Authorize Sale of Seventy Tax-Foreclosed Properties in the Amount of $384,697.87, in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Code (COUNCIL DISTRICTS 2, 3, 4, 5, 8 and 9) The City Council approved the following recommendation: Authorize the sale of 70 tax- foreclosed properties in the amount of $384,697.87, in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Code; and authorize the execution and recording of the appropriate instruments conveying the properties to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 9 of 38 4. M&C L-15566 - Authorize Acquisition of a Fee Simple Interest in Three Parcels for a Total of 0.085 Acres for Right-of-Way and Easement Interest in Two Parcels for a Total of 0.088 Acres for Permanent Drainage Easements for the Alsbury Boulevard Paving and Drainage Improvement Project No. 01273, Located East of I-35W from Gayatri Savitir, Inc., Fort Worth Transportation Authority, and James Huck, LLC, for $71,030.00 and Pay the Estimated Closing Costs of $9,000.00 for a Total in the Amount of $80,030.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20791-07-2013 increasing estimated receipts and appropriations in the Transportation Impact Fees Fund in the amount of $80,030.00, from available funds, for the purpose of the Alsbury Boulevard Paving and Draining Project; authorize acquisition of a fee simple interest in three parcels for a total of 0.085 acres for right-of-way and easement interest in two parcels for a total of 0.088 acres for permanent drainage easements for the Alsbury Boulevard Paving and Drainage Improvement Project No. 01273, located East of I-35W from Gayatri Savitir, Inc., Fort Worth Transportation Authority, and James Huck, LLC; find that the total purchase price in the amount of $71,030.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount of$9,000.00. 5. M&C L-15567 - Authorize Acquisition of Fee Simple Interest in a Total of 0.953 Acres for Right-of-Way, Easement Interest in a Total of 0.058 Acres for Permanent Drainage Easements and 0.176 Acres for Temporary Construction Easements for the Old Decatur Road Street Drainage Improvement Project, Located South of WJ Boaz Road to McLeroy Boulevard for $65,712.00 and Pay the Estimated Closing Costs in the Amount of $15,000.00 for a Total in the Amount of$80,712.00 (ETJ NEAR COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of fee simple interest in a total of 0.953 acres for right-of-way, easement interest in a total of 0.058 acres for permanent drainage easements and 0.176 acres for temporary construction easements for the Old Decatur Road Street Drainage Improvement Project, located south of WJ Boaz Road to McLeroy Boulevard, west of I-35W and east of Boat Club Road; find that the total purchase price in the amount of $65,712.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $15,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 10 of 38 6. M&C L-15568 - Authorize Acquisition of a Fee Simple Interest in 0.2869 Acres of Land in Vacant Lots for the East Como Channel Improvements Proiect Located at 5213 Blackmore Avenue from Barnell Mitchell in the Amount of $18,750.00 and Payment of the Estimated Closing Costs in the Amount of $2,000.00 for a Total Cost in the Amount of$20,750.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.2869 acres of land in vacant lots located at 5213 Blackmore Avenue, Fort Worth, Texas, from Barnell Mitchell; find that the total purchase price in the amount of $18,750.00 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 of$2,000.00. 7. M&C L-15569 - Authorize Acquisition of a Fee Simple Interest in 0.026 Acres of Land for the Loving Channel Drainage Improvements Project Located at 3001 Prairie Avenue from Richard Hignight in the Amount of $2,500.00 and Pay Estimated Closing Costs in the Amount Up to $1,500.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.026 acres of land for the Loving Channel Drainage Improvements Project located at 3001 Prairie Avenue from Richard Hignight in the amount of$2,500.00; find that the amount of$2,500.00 is just compensation for the needed property interest; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments, pay the purchase price in the amount of $2,500.00 and the estimated closing costs in the amount up to $1,500.00. 8. M&C L-15570 - Authorize Acquisition of a Fee Simple Interest in 0.0186 Acres, a Temporary Construction Easement on 0.0220 Acres, and a Permanent Drainage Easement on 0.0250 Acres Located at 300 NE 21st Street from TJB Enterprises, LLC, for Maior Drainage Improvements to Mercado Channel in the Amount of $62,253.50, and Authorize Payment of Estimated Closing Costs in the Amount Up to $5,000.00, for a Total Acquisition Cost in the Amount of$67,253.50 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.0186 acres, an easement interest in 0.0220 acres for a temporary construction easement and an easement interest in 0.0250 acres for a permanent drainage easement in vacant lots located at 300 NE 21st Street from TJB Enterprises, LLC, for major drainage improvements to Mercado Channel; find that the total purchase price in the amount of $62,253.50 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 $5,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 11 of 38 9. M&C L-15571 - Authorize Acquisition of a Fee Simple Interest in 0.128 Acres of Land for the Greenfield Acres Drainage Improvement Project Located at 5728 Fathom Drive Owned by Sibelius Development LLC, in the Amount of$29,000.00 and Pay Estimated Closing Costs in the Amount Up to $1,200.00 for a Total Cost of$30,200.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.128 acres of land for a vacant lot located at 5728 Fathom Drive, Fort Worth, Texas, from Sibelius Development LLC; find that the total purchase price in the amount of $29,000.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $1,200.00. D. Planning & Zoning- Consent Items 1. M&C PZ-3023 - Authorize Initiation of Rezoning for Certain Properties in the Alliance Airport Area in Accordance with the Comprehensive Plan (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the City Manager to initiate certain zoning changes for the Alliance Airport area from "K" Heavy Industrial and "PD 328" Planned Development 328 to "PD" Planned Development for "K" uses plus airport, aviation field, aircraft operating area, heliport, and landing area, and to exclude junkyards, recycling facilities, sexually oriented businesses, and tattoo parlors with site plan waived, in accordance with the Comprehensive Plan. E. Award of Contract- Consent Items 1. M&C C-26304 - Authorize Execution of a Contract for Receipt in the Amount Up to $64,350.00, Including Interest, with the United States Equal Employment Opportunity Commission to Process Employment Discrimination Cases for Fiscal Year 2013 for the Human Relations Unit of the City Manager's Office and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract, Contract No. EECCN130018, with the United States Equal Employment Opportunity Commission and accept funds in the amount up to $64,150.00; authorize the use of anticipated interest in the amount up to $200.00; and adopt Appropriation Ordinance No. 20792-07-2013 increasing estimated receipts and appropriations in the Grants Fund in the amount of$64,350.00, subject to receipt of funds from the United States Equal Employment Opportunity Commission, for the purpose of processing employment discrimination cases for Fiscal Year 2013 for the Human Relations Unit of the City Manager's Office. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 12 of 38 2. M&C C-26305 - Authorize Execution of an Interlocal Agreement Between the Railroad Commission of Texas and the City of Fort Worth for Facility Sharing of Space at 401 West 13th Street, Fort Worth, Texas (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize an Interlocal Agreement with the Texas Railroad Commission for facility sharing by the City of Fort Worth with the Texas Railroad Commission utilizing 1,497 square feet of office space at 401 West 13th Street. 3. M&C C-26306 - Authorize Execution of a Professional Services Agreement with Education & Government Information Technology Services in the Amount Not to Exceed $200,000.00 Per Contract Year for Information Technology Network Infrastructure and Architecture Consulting Services (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with Education & Government Information Technology Services in the amount not to exceed $200,000.00 per contract year for an initial term of one year with two one-year renewal options for Information Technology Network Infrastructure and Architecture Consulting Services. 5. M&C C-26308 - Adopt Resolution Authorizing Employment of McCall, Parkhurst & Horton L.L.P. and Kelly Hart & Hallman LLP, to Represent the City in Matters Related to the Issuance of Bonds and Other Debt Instruments (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4217-07-2013 authorizing employment of McCall, Parkhurst& Horton L.L.P., and Kelly Hart & Hallman LLP, to serve as bond co-counsel and represent the City in matters related to the issuance of municipal bonds and other debt instruments. 6. M&C C-26309 - Authorize Execution of an Agreement with the Tarrant County and the Tarrant County Tax Assessor-Collector for Ad Valorem Tax Assessment and Collection Services for Fiscal Year 2014 for Approximately $471,960.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Tarrant County and the Tarrant County Tax Assessor-Collector for assessment and collection services of ad valorem taxes levied by the City of Fort Worth for Fiscal Year 2014, covering the period October 1, 2013 to September 30, 2014, with a unit-based cost in the amount of$1.10 per account for property located within Tarrant County and the amount of$2.60 per account for property located outside the County, resulting in an overall annual cost of approximately $471,960.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 13 of 38 7. M&C C-26310 - Amend Mayor and Council Communication C-25710 to Extend Completion Deadline Under Proposed Tax Abatement Agreement with NGC Renewables, LLC, or an Affiliated Entity for Construction of a 120,000 Square Foot North American Headquarters and Manufacturing Facility at 5500 Alliance Gateway Freeway (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Amend Mayor and Council Communication C-25710 to extend the completion deadline under a proposed Tax Abatement Agreement with NGC Renewables, LLC, or an affiliated entity for the construction of a 120,000 square foot North American headquarters and manufacturing facility at 5500 Alliance Gateway Freeway. 8. M&C C-26311 - Authorize Execution of Change Order No. 5 to City Secretary Contract No. 40679, with Concho Construction Company, Inc., in the Amount of $70,312.44 for the Construction of Clearfork Main Street Bridge, Thereby Increasing the Total Contract Amount to $9,956,732.60 (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize execution of Change Order No. 5 to City Secretary Contract No. 40679, with Concho Construction Company, Inc., in the amount of $70,312.44, for the construction of Clearfork Main Street Bridge, thereby increasing the total contract amount to $9,956,732.60. 9. M&C C-26312 - Authorize Execution of a Contract with Bradley Douglas Construction Services, LLC., in the Amount of $539,640.00 for Concrete Restoration at Eleven Locations (COUNCIL DISTRICTS 3, 4, 5, 6 and 8) The City Council approved the following recommendation: Authorize execution of a contract with Bradley Douglas Construction Services, LLC, in the amount of $539,640.00, for Concrete Restoration 2013-11 at eleven locations. 10. M&C C-26313 - Authorize Execution of a Three-Year Non-Exclusive Professional Services Agreement with Rosa Lowinger & Associates, Inc., for Maintenance and Conservation Treatment of Various Artworks in the Fort Worth Public Art Collection in the Amount Not to Exceed $60,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a three- year Non-Exclusive Professional Services Agreement with Rosa Lowinger & Associates, Inc., for maintenance and conservation treatment of various artworks in the Fort Worth Public Art Collection in the amount not to exceed $60,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 14 of 38 11. M&C C-26314 - Adopt Resolution Authorizing Funding for the Oversight and Quality Control of the Construction Inspection Portion of a Previously Approved Local Proiect Advance Funding Agreement with the Texas Department of Transportation in the Amount of $97,635.00 for Dirks Road Widening to Six Lanes Between the Eastern Limit of the Future Chisholm Trail Parkway and Granbury Road (COUNCIL DISTRICTS 3 and 6) The City Council approved the following recommendation: Adopt Resolution No. 4218-07-2013 authorizing funding for the oversight and quality control of the construction inspection portion of a previously approved Local Project Advance Funding Agreement with the Texas Department of Transportation for construction of Dirks Road widening from two lanes to six lanes between the eastern limit of the future Chisholm Trail Parkway and Granbury Road; and authorize payment to Texas Department of Transportation in the amount of $97,635.00 for oversight and quality control of construction inspection pursuant to the Local Project Advance Funding Agreement. 12. M&C C-26315 -Authorize Execution of Change Order Nos. 28 Through 31 by the Texas Department of Transportation Resulting in an Increased Construction Contract Cost in the Amount of $94,456.55 for the Ongoing Construction of Golden Triangle Boulevard from IH-35W to US 377 for a Total Contract in the Amount of$19,256,705.39 (COUNCIL DISTRICTS 4 and 7) The City Council approved the following recommendation: Authorize the execution of Change Order Nos. 28 through 31 by the Texas Department of Transportation for an increase to the construction contract in the amount of $94,456.55 for the construction of Golden Triangle Boulevard from IH-35W to US 377, thereby resulting in an overall increase of City participation in the construction contract in the amount of $49,257.02 and a total contract in the amount of $19,256,705.39; and authorize payment to the Texas Department of Transportation in the amount of $55,167.86 which includes the increase in the construction contract plus 12 percent for engineering and other project costs for the City's share of Change Order Nos. 28 through 31. 13. M&C C-26316 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Commercial Metals Company for Property Located at 4500 Old Decatur Road, J. T. Hobbs Survey, Abstract 806, The C.E.P.I. Survey, Abstract 383, and The J. Bowman Survey, Abstract No. 80 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 Commercial Metals Company for property located at 4500 Old Decatur Road, J. T. Hobbs Survey, Abstract 806, the C.E.P.I. Survey, Abstract 383, and the J. Bowman Survey, Abstract No. 80, at no expense to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 15 of 38 14. M&C C-26317 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Winco Foods, LLC, for the Property Located at 2101 Sycamore School Road Containing 12.499 Acres of Land in Lot BR2, Block 1, Sycamore Pointe Addition at No Expense to the City (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of a Stormwater Facility Maintenance Agreement with Winco Foods, LLC, for the property located at 2101 Sycamore School Road containing 12.499 acres of land in Lot BR2, Block 1, Sycamore Pointe Addition at no expense to the City. 16. M&C C-26319 - Authorize Execution of an Engineering Services Agreement with Dunaway & Associates, L.P., in the Amount of $387,787.00 for the Design of the Bellaire Park Court Drainage Improvements Project (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of an Engineering Services Agreement with Dunaway & Associates, L.P., in the amount of $387,787.00 for the design of the Bellaire Park Court Drainage Improvements Project. 17. M&C C-26320 - Authorize Engineering Agreement with Wade Trim, Inc., in the Amount of $524,244.00 for the Design of the Westcliff Drainage Improvements Proiect (COUNCIL DISTRICTS 3 and 9) The City Council approved the following recommendation: Authorize the execution of an Engineering Agreement in the amount of $524,244.00 with Wade Trim, Inc., for the design of the Westcliff Drainage Improvements Project. 18. M&C C-26321 - Authorize Execution of an Agreement with Brown & Gay Engineers, Inc., in the Amount of $241,550.00 for Technical Assistance with Managing Trash and Debris in Stormwater Runoff as well as Promoting a Program of Credits for Stormwater Quality Management (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Brown & Gay Engineers, Inc., in the amount of $241,550.00 for technical assistance with managing trash and debris in stormwater runoff as well as promoting a program of credits for stormwater quality management. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 16 of 38 19. M&C C-26322 - Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in the Amount Not to Exceed $164,371.00 to Review and Improve the City's Drainage Design Standards and Review Process, Increasing Appropriations in the Stormwater Utility Fund in the Amount of$164,371.00 and Decreasing the Available Cash Balance by the Same Amount and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20793-07-2013 increasing estimated receipts and appropriations in the Stormwater Utility Fund in the amount of$164,371.00, decreasing the available cash balance by the same amount, for the purpose of a Professional Services Agreement for services to review and improve the City's drainage design standards and review process; and authorize the execution of a Professional Services Agreement with Freese and Nichols, Inc., in an amount not to exceed $164,371.00 for the process. 20. M&C C-26323 - Authorize Execution of Amendment No. 1 in the Amount of $193,984.00 to an Engineering Agreement with Freese and Nichols, Inc., for Open Channel Study of a Tributary of Mary's Creek Known as Stream MSC-2, Thereby Revising the Total Contract Cost to $387,169.00 (COUNCIL DISTRICTS 3 and 7) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 in the amount of$193,984.00 to an Engineering Agreement with Freese and Nichols, Inc., for the Open Channel Study of a tributary of Mary's Creek known as Stream MSC- 2, thereby revising the total contract cost to $387,169.00. 21. M&C C-26324 - Adopt Appropriation Ordinance in the Amount of$51,606.75 for the Police Department's Participation in the Tarrant County Safe Streets Task Force (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20794-07-2013 increasing estimated receipts and appropriations in the Grants Fund in the amount of $51,606.75, subject to receipt of and reimbursement from the United States Federal Bureau of Investigation, for the purpose of the Police Department participating in the Tarrant County Safe Streets Task Force. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 17 of 38 22. M&C C-26325 - Ratify Application for and Authorize Acceptance of a Grant, if Awarded, in the Amount Up to $60,000.00 from the Texas School Safety Center at Texas State University-San Marcos, Authorize Execution of Related Agreement with Texas State University-San Marcos for Operations to Discourage the Sale of Tobacco Products to Minors and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the application for and authorize acceptance of a grant, if awarded, in the amount up to $60,000.00 from the Texas School Safety Center at Texas State University-San Marcos; authorize the execution of related agreement with Texas State University-San Marcos for operations to discourage the sale of tobacco products to minors; and adopt Appropriation Ordinance No. 20795-07-2013 increasing estimated receipts and appropriations in the Grants Fund in the amount of$60,000.00, subject to receipt of the grant, for the purpose of operations to discourage the sale of tobacco products to minors. 23. M&C C-26326 - Authorize Execution of Various Agreements and Addendums with Various Agencies of the United States Department of Justice for Participation in the Organized Crime Drug Enforcement Task Force to Allow Fort Worth Police Officers to be Assigned to the Task Force on an As-Needed Basis, Accept Grant Funds in the Amount Up to $150,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of various agreements and addendums with various agencies of the United States Department of Justice for participation in the Organized Crime Drug Enforcement Task Force to allow Fort Worth police officers to be assigned to the task force on an as-needed basis; accept grant funds in the amount up to $150,000.00; and adopt Appropriation Ordinance No. 20796-07-2013 increasing estimated receipts and appropriations in the Grants Fund in the amount up to $150,000.00, subject to receipt of funds from various agencies of the United States Department of Justice, for the purpose of Fort Worth police officers participating in the Organized Crime Drug Enforcement Task Force. 24. M&C C-26327 - Authorize Execution of a Memorandum of Agreement Between the City of Fort Worth and the Federal Emergency Management Agency to Join the Integrated Public Alert and Warning System Program (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Memorandum of Agreement with the Federal Emergency Management Agency to join the Integrated Public Alert and Warning System Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 18 of 38 XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1890 - Notice of Claims for Alleged Damages and/or Inquiries End of Consent Agenda. C. Land - Removed from Consent Agenda 2. M&C L-15564 - Authorize Direct Sale of a Tax-Foreclosed Property Located at 5217 Pinson Street to Essie Mishaw for a Sale Price in the Amount of$3,100.00, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 5) Mayor and Council Communication L-15564 was continued to the July 16, 2013, Council meeting. E. Award of Contract- Removed from Consent Agenda 4. M&C C-26307 - Authorize Expenditure in the Amount of$304,499.83 to the Fort Worth and Western Railroad Company for Construction of Henderson Detour Railroad-Crossing and Related Equipment,Authorize Expenditure in the Amount of $204,523.50 to the Fort Worth and Western Railroad Company for Construction of Railroad-Crossing and Related Equipment for the Temporary Reopening of North Commerce Street, Authorize Execution of a Settlement Agreement in Lieu of Condemnation with the Fort Worth and Western Railroad Company in the Amount of $200,000.00 for Railroad-Crossing License Fees and Easement Acquisition for a Total in the Amount of $709,023.33 for Construction of Trinity River Vision-Related Railroad Crossings and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 9) 15. M&C C-26318 - Authorize Credit Sales Agreement with Trinity River Mitigation Bank, LTD, in the Amount of $69,300.00 for the Mitigation of Waters of the United States Associated with the 9700 Trinity Boulevard Culvert Improvements Proiect (COUNCIL DISTRICT 5) Mayor and Council Communication C-26307 and C-26318 were continued to the July 16, 2013, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 19 of 38 XIIL SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for No Kid Hun2ry Summer Mayor Pro tem Zimmerman presentation a proclamation for No Kid Hungry Summer to Ms. Sonia Singleton, Assistant Director, Parks and Community Services Department and Ms. Marty Otero, Texas Hunger Initiative No Kid Hungry Regional Coordinator. He stated that the existence of childhood hunger in the United States threatened future American prosperity and nutrition studies had shown that youth were at a higher risk for both hunger and obesity during the summer months. He further stated that summer should be about fun, friends and adventure; however, when school was out, many families, whose limited financial resources were stretched even further, couldn't count on their children having access to a nutritious breakfast and lunch at school. He also stated that summer was a critical time for the academic and physical development of children and according to Feeding America, a child who was unequipped to learn because of hunger and poverty was more likely to be poor as an adult and as a result summer meals programs were more important than ever, providing youth up to 18 with nutritious meals and snacks in addition to a fun place to stay active and be with friends. He stated that the City of Fort Worth Parks and Community Services Department could improve access to summer meals programs for youth throughout Fort Worth and Tarrant County by increasing awareness about free summer meals through outreach in the community as well as increasing the number of meal sites or capacity of existing sites in underserved areas in addition to investing in summer programming to attract more youth to meal sites. He added that the City of Fort Worth Parks and Community Services Department in conjunction with the Baylor University Texas Hunger Initiative - Fort Worth, the Tarrant Area Food Bank, local school districts, churches and community organizations such as Purple Hearts, Inc. in Tarrant County were committed to ensure that no child goes hungry this summer. City Secretary Kayser advised that Mayor and Council Communications G-17932, G-17933, and G-17934 were donations and would be moved up on the agenda. 5. M&C G-17932 - Authorize Acceptance of Donations Valued in the Amount of $79,100.00 from the Moncrief Endowment Fund for Renovations to the Dorothea Leonhardt Lecture Hall in the Deborah Bees Moncrief Garden Center and Water Lilies in the Moncrief Fountain at the Fort Worth Botanic Garden (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the acceptance of donations valued in the amount of $79,100.00 from the Moncrief Endowment Fund for renovations to the Dorothea Leonhardt Lecture Hall in the Deborah Beggs Moncrief Garden Center and water lilies in the Moncrief fountains located at the Fort Worth Botanic Garden. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication G-17932 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 20 of 38 Council Member Shingleton presented a certificate to Ms. Maurie Reynolds, President of the Fort Worth Garden Club, on behalf of Ms. Mary Lynn Garrett, Chair of the Moncrief Endowment Fund. 6. M&C G-17933 - Authorize Acceptance of a Donation from the Fort Worth Garden Club of Infrastructure Repairs and Improvements Valued in the Amount of$158,370.00 for the Fort Worth Botanic Garden (COUNCIL DISTRICT 7) It was recommended that the City Council authorize acceptance of a donation from the Fort Worth Garden Club of infrastructure repairs and improvements valued in the amount of $158,370.00 for the Fort Worth Botanic Garden. Motion: Council Member Jordan made a motion, seconded by Council Member Burns that Mayor and Council Communication G-17933 be approved with appreciation. The motion carried unanimously 8 ayes to 0 nays with Council Member Espino absent. Council Member Shingleton presented a certificate to Ms. Maurie Reynolds, President of the Fort Worth Garden Club. 7. M&C G-17934 - Authorize Amendment of Mayor and Council Communication G-17693, Rescind Acceptance of a Monetary Donation from Robert Williams in the Amount of$8,260.00 and Repeal Supplemental Appropriation Ordinance No. 20432-09-2012 and Authorize Acceptance of a Donation of a Flatbed Hauling Trailer Valued in the Amount of $3,500.00 from Robert Williams for Use by the Parks and Community Services Department (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the amendment of Mayor and Council Communication G-17693 rescinding Recommendation No. 2, authorizing acceptance of a monetary donation from Robert Williams in the amount of $8,260.00 and repeal Supplemental Appropriation Ordinance No. 20432-09-2012; and authorize the acceptance of a donation of a flatbed hauling trailer valued in the amount of $3,500.00 from Robert Williams for use by the Parks and Community Services Department. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton that Mayor and Council Communication G-17934 be approved with appreciation. The motion carried unanimously 8 ayes to 0 nays with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 21 of 38 XIV. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Shingleton recognized the Lighthouse for the Blind, a non-profit organization that provided training, employment and rehabilitation to the visually impaired and stated that they were recognized as the 2013 Business of the Year. Council Member Allen Gray expressed appreciation to everyone who attended "Coffee with Kelly and the Mayor" on Friday, June 28, 2013. She stated that there were over 90 citizens in attendance and that they discussed several community concerns. She announced that the 2014 Bond Public Meetings would begin on Saturday, July 13, 2013, at the Hazel Harvey Peace Center for Neighborhoods, located at 818 Missouri Avenue, from 10:00 a.m. to 12:00 p.m. and she invited all to attend. She also announced on Wednesday, July 10, 2013, at 12:00 p.m. at the north end of City Hall, there would be a press conference for the 6th Annual Hip Hop for HIV event that is scheduled August 25, 2013, at the Fort Worth Convention Center from 3:00 p.m. until 6:00 p.m. Mayor Price expressed appreciation to all who was involved in the Fourth of July fireworks that helped celebrate the 25th Anniversary with the Sister Cities International partnership with Nagaoka, Japan. She also expressed her appreciation to the Fire Department and the Police Department who had worked the 1st Annual Mayor's Tri athalon on Sunday, July 7, 2013. 2. Recognition of Citizens There were no citizens recognized at this time. 3. Approval of Ceremonial Travel There was no approval necessary for ceremonial travel. XV. 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. 295 - Rename Dirks Road, Which Runs Between Granbury Road and Lakeside Drive to Altamesa Boulevard Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Council Proposal No. 295 be approved with an effective date of September 1, 2013. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 22 of 38 3. Council Proposal No. 296 - Rename a Portion of East 1st Street to Randol Mill Road East of Beach Street Note: Council procedure provides that Council proposals are introduced at one meeting and followed by Council action at the next Council meeting. The following individuals appeared before Council in opposition of Council Proposal No. 296. Ms. Libby Willis, 2300 Primrose Avenue Mr. Rick Herring, 1811 North Riverside Drive The following individuals completed a comment card in opposition of Council Proposal No. 296. Ms. Mary Kelleher, 7901 Randol Mill Road Ms. Jackie Band, 7249 Specklebelly Lane Ms. Melissa McDougall, 2971 Seguin Trail XVL 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. XVIL ZONING HEARING The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on June 21, 2013. Mayor Price opened the public hearing. 1. ZC-13-003 - (CD 5) - Emanuel Milledge, 3300 Fite Street; from: "AG" Agricultural to: "PD/SU" Planned Development/Specific Use for outside storage; site plan waiver requested. (Recommended for Denial without Preiudice by the Zoning Commission) Ms. Melita Pryor, 3300 Fite Street, appeared before Council in support of Zoning Docket ZC-13- 003 and requested that the zoning case be continued for 30 days. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-003 be continued to the August 6, 2013, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 23 of 38 2. 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 To review the proposed amendments: http://www.fortworthtexas.2ov/plannin2anddevelopment/zonin2commission.asyx (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its regular meeting of June 4, 2013, continued ZC-13-049. Captain Robert Bennett, 1510 Chennault Avenue, completed a speaker card in support of Zoning Docket ZC-13-049 and was recognized by Mayor Price but was not present in the Council Chamber. Mr. David Patterson, 1500 Aden Road, completed a comment card in support of Zoning Docket ZC-13-049. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket ZC-13-049 be continued to the August 6, 2013, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 3. 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 June 4, 2013, continued ZC-13-050. Mr. David Patterson, 1500 Aden Road, completed a comment card in support of Zoning Docket ZC-13-050. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket ZC-13-050 be continued to the August 6, 2013, Council meeting. be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 24 of 38 4. ZC-13-063 - (CD 5) - Harold and Maudia Hamilton, 2002 Stalcup Road; from: "A-5" One-Family to: "E" Neighborhood Commercial (Recommeded fro Approval by the Zoning Commission) Mr. Harold Hamilton, 6320 Willard Road, completed a speaker card in support of Zoning Docket ZC-13-063, but did not wish to address the Council. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-063 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 5. ZC-13-072 - (CD 5) - Ronald Reaves, 3551 Tarrant Main Street; from: "AG" Agricultural to: "PD/I" Planned Development for all uses in "I" Light Industrial plus single-family residence; site plan waiver recommended. (Recommended for Approval by the Zoning Commission) Mr. Ronald Reaves, 902 Yorkshire Drive, Grand Prairie, Texas, 75050, completed a speaker card in support of Zoning Docket ZC-13-072, but did not wish to address the Council. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-072 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 6. ZC-13-073 - (CD 7) - Hudson Services Inc., 3010 Keller Hicks Road; from: "MH" Manufactured Housing to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Zoning Docket ZC-13-073 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 7. ZC-13-074 - (CD 2) - Francisco Medina, 1300 Harrington Avenue; from: "A-5" One-Family to: "ER" Neighborhood Commercial Resitricted (Recommended for Approval by the Zoning Commission) Mr. Luis Galindo, 306 West 7th Street, completed a speaker card in support of Zoning Docket ZC-13-074, but did not wish to address the Council. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that Zoning Docket ZC-13-074 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 25 of 38 8. ZC-13-075 - (CD 5) - Royce Sanders (Sanders Family Partnership), 3912 Euless South Main Street; from: "AG" Agricultural to: "I" Light Industrial (Recommended for Approval by the Zoning Commission) Ms. Charlotte Sanders, 3912 South Main Street, completed a speaker card in support of Zoning Docket ZC-13-075, but did not wish to address the Council. Motion: Council Member Bivens made a motion, seconded by Council Member Burns, that Zoning Docket ZC-13-075 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 9. ZC-13-078 - (CD 5) - Bell Helicopter Textron, Inc., 800 Block SH 10; from: "A-5" One-Family and "MU-1" Low Intensity Mixed Use to: All uses in "PD-588" Planned Development/Specific Use including: 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 spraying; 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 waiver recommended. (Recommended for Approval by the Zoning Commission) Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-078 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 26 of 38 10. ZC-13-079 - (CD 3) - Conti Ridgmar, L.L.C, 2600 South Cherry Lane; from: PD- 930" Planned Development for all uses in "E" Neighborhood Commercial plus furniture upholstery, refinishing or resale; mini-warehouses; assembly of pre- manufactured parts, except for vehicles, trailers, airplanes or mobile homes; carpet and rug cleaning; food processing (no slaughtering); furniture or cabinet repair or construction; manufacture of artificial flowers, ornaments, awnings, tents, bags, brooms or brushes, buttons and novelties, canvass products, clothing, suits, coats or dresses for wholesale trade, plastics; monument/marble works, finishing and carving only and stone monument works; paper box manufacture; pattern shop; rubber stamping, shearing/punching; rubber stamp manufacture; sheet metal shop, warehouse or bulk storage; wholesale bakery, produce market or wholesale house; wholesale office or sample room; production, manufacture and wholesale retail sales of candy and other confections; multi-tenant warehouse distribution facility; and sewing, embroidery, screen printing, and all uses to be located inside the building, and to include specialty crafting, forming, laminating and repair of acrylic sheets for aircraft windows; site plan waived to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus motel; site plan included. (Recommended for Approval by the Zoning Commission) Ms. Rachel Wiggins, 1510 Chennault Avenue, completed an undecided speaker card pertaining to Zoning Docket ZC-13-079. Mr. Kevin Patel, 1503 Astorid Drive, Allen, Texas, 75013, appeared before Council in support of Zoning Docket ZC-13-079. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-079 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 11. ZC-13-080 - (CD 6) - Larry Martin, 7833 Summer Creek Drive; from: "PD- 246A" Planned Development for all uses in "E" Neighborhood Commercial with conditions and limited to day care use during the day only; site plan waived to: "PD-246" "PD/E" Planned Development for all uses in "E" Neighborhood Commercial excluding tattoo parlor and massage parlor; site plan included. (Recommended for Approval by the Zoning Commission) Mr. Adam Reeves, 550 Bailey Avenue, Suite 400, completed a speaker card in support of Zoning Docket ZC-13-080, but did not wish to address the Council. Council Member Jordan stated that there was a state law that required notice within 200 feet and that the property in question was less than 300 feet from his property but was over the 200 foot requirement and that there were no economic impact or financial ties to his property and no conflict of interest issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 27 of 38 Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-080 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 12. ZC-13-081 - (CD 4) - Service Plus Automotive Repair & Maintenance, LLC, 3300 Block N. Tarrant Parkway/8509 Old Denton Road; from: "AG" Agricultural to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus minor auto repair, oil change, and emissions testing, no outside storage; site plan included. (Recommended for Approval by the Zoning Commission) Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket ZC-13-081 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 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 Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that the hearing be closed and that Ordinance No. 20797-07-2013 be adopted. The motion carried 8 ayes to 0 nays, with Council Member absent. XVIIL REPORT OF THE CITY MANAGER B. General 1. M&C G-17928 - Consider a Waiver Request by XTO Energy, Inc., for a Permit to Drill Gas Wells Less Than 600 Feet from a Protected Use on the Powell Pad A Lease Located at 12497 Old Denton Road (COUNCIL DISTRICT 7) Mayor Price opened the public hearing. It was recommended that the City Council consider a waiver request by XTO Energy, Inc., for a permit to allow drilling of three gas wells less than 600 feet from a Protected Use on the Powell Pad A lease located at 12497 Old Denton Road. a. Report of City Staff Mr. Rick Trice, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. Mr. Bob Manthei, XTO Energy representative, provided a presentation to the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 28 of 38 b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication G-17928. Mr. Walter Dueease, 6470 Crestmore Road Mr. Erik Estes, 3213 Stadium Drive The following individuals completed a comment card in support of Mayor and Council Communication G-17928. Mr. Weston Turner, 9321 Granger Lane Ms. Ivy Kirby, 2709 Lynx Lane Ms. Debra Carlo, 4063 Bunting Avenue Ms. Alinda Keener, 100 North Buffalo Grove Road Ms. Kim Clendenin, 3505 Beekman Drive Ms. Sandi Richardson, 11425 Grapeleaf Drive Ms. Amy Byars, 61 Panorama Circle, Trophy Club, Texas, 76262 Ms. Katie Baker, 3529 Twin Pines Drive Mr. Robert Fithian, 5044 Harney Drive Mr. Jon Holbrook, 5409 Royal Lytham Road Mr. John Fitzgerald, 5044 Holiday Drive Ms. Mary Ann Staab, 9820 Stripling Drive Ms. Faustina Ankomah, 4013 Bamberg Lane Mr. Lee Scott Kelley, 810 Houston Street Mr. Larry Duncan, 8916 Hawley Drive Ms. Miriam Parral, 5400 Royal Lytham Road Mr. Charles Melvin, 600 Cattlemans Way Ms. Melanie Boyer, 4824 Carolina Trace Trail Ms. Mary Kelleher, 7901 Randol Mill Road, completed a comment card in opposition of Mayor and Council Communication G-17928. C. Council Action 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 Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that the public hearing be closed and Mayor and Council Communication G-17928 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 29 of 38 2. M&C G-17929 - Consideration of Extension of Iniury Leave-of-Absence Pay Benefits in the Amount of $77,292.80 for Police Officer Lisa Ramsey for the Period of July 5, 2013 Through July 4, 2014 (ALL COUNCIL DISTRICTS) It was recommended that the City Council deny a 12-month extension of injury leave-of-absence pay benefits in the amount of$77,292.80 for Police Officer Lisa Ramsey for the period of July 5, 2013, through July 4, 2014. The following individuals appeared before Council in support of Mayor and Council Communication G-17929. Ms. Linda Carter, 8844 Noontide Drive Mr. Stephen Hall, 904 Collier Street Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that the extension of injury leave-of-absence pay benefits be denied. The motion failed 2 ayes to 5 nays, with Mayor Price and Council Members Scarth, Jordan, Allen Gray and Burns casting the dissenting votes, Council Member Bivens not voting and Council Member Espino absent. City Attorney Fullenwider clarified that because the motion was to deny the extension and that the motion failed, there was no extension of the injury leave-of-absence. Motion: Council Member Jordan made a motion, seconded by Council Member Bivens, that Mayor and Council Communication G-17929 be reconsidered. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. Motion: Council Member Jordan made a motion, seconded by Council Member Bivens, that Mayor and Council Communication G-17929 be denied and to approve the extension of leave-of-injury pay and continue benefits as previously provided to Officer Ramsey and direct the City Manager to define a policy regarding leave-of- absence pay benefits going forward. Motion: Council Member Jordan made a motion, seconded by Council Member Burns, that Mayor and Council Communication G-17929 be denied and to approve the extension of leave-of-injury pay and to take the offset, as required by state law, into consideration and direct the City Manager to define a policy regarding leave-of- absence pay benefits. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 30 of 38 3. M&C G-17930 - Consideration of Extension of Iniury Leave-of-Absence Pay Benefits in the Amount of$77,292.80 for Police Officer Richard Lambing for the Period of July 9, 2013 Through July 8, 2014 (ALL COUNCIL DISTRICTS) It was recommended that the City Council deny a twelve-month extension of injury leave-of- absence pay benefits in the amount of $77,292.80 for Police Officer Richard Lambing for the period of July 9, 2013, through July 8, 2014. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-17930 be denied and to approve the extension of leave-of-injury pay and to take the offset into consideration and direct the City Manager to define a policy regarding leave-of-absence pay benefits. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 4. M&C G-17931 - Authorize Temporary Closure of North Beach Street from Heritage Glen Drive to Heritage Trace Parkway for Roadway Construction Activities from July 15, 2013 to November 22, 2013 (COUNCIL DISTRICT 4) It was recommended that the City Council authorize a temporary road closure for roadway construction of North Beach Street from Heritage Glen Drive to Heritage Trace Parkway from July 15, 2013, to November 22, 2013. Motion: Council Member Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication G-17931 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. D. Land 1. M&C L-15572 - Authorize Execution of an Agreement Granting DFW Midstream Services, LLC a License to Construct and Operate a Ten-Inch Underground Natural Gas Pipeline Across City-Owned Property Located at 5800 Salt Road for a One-Time License Fee in the Amount of$5,925.00 (COUNCIL DISTRICT 8) It was recommended that the City Council authorize execution of an Agreement granting DFW Midstream Services, LLC a license to construct and operate a ten-inch underground natural gas pipeline across a City-owned property located at 5800 Salt Road, Fort Worth, Texas, for a term of 20 years in exchange for a one-time license fee in the amount of $4,925.00 and temporary access at a cost of$1,000.00 for a total cost of$5,925.00. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication L-15572 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 31 of 38 2. M&C L-15573 - Authorize Easement and Right-of-Way Agreement with Oncor Electric Delivery Company, LLC, for Relocation of Electric Lines and Equipment at Public Safety Training Facility Located at 501 West Felix Street (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the grant of an easement to Oncor Electric Delivery Company, LLC, over City-owned property located at 501 West Felix; and authorize the execution and recording of an Easement and Right-of-Way Agreement with Oncor Electric Delivery Company, LLC. 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 Burns made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication L-15573 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Council Member Espino absent. 3. M&C L-15574 -Authorize Conveyance of an Easement to Oncor Electric Delivery LLC, for the Upgrade of Electrical Equipment and Appurtenances on 0.0979 Acres of Land at 1050 Fournier Street to Serve the North Holly Water Treatment Plant (COUNCIL DISTRICT 9) It was recommended that the City Council authorize the conveyance of an easement to Oncor Electric Delivery LLC, for the upgrade of electrical equipment and appurtenances on 0.0979 acres of land at 1050 Fournier Street to serve the North Holly Water Treatment Plant; 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 Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication L-15574 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Council Member Espino absent. 4. M&C L-15575 - Authorize Condemnation by Eminent Domain for a Fee Simple Interest in 0.077 Acres for a Right-of-Way and 0.024 Acres for a Temporary- Construction Easement, Portions of an Improved Property Located at 8065 Old Decatur Road, Owned by Saginaw Storage King Old Decatur Road, L.P., for the Old Decatur Road Improvement (ETJ NEAR COUNCIL DISTRICT 71 City Secretary Kayser advised that Mayor and Council Communication No. L-15575 had been continued until the July 16, 2013, Council meeting. Council Member Scarth left his place on the dais. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 32 of 38 5. M&C L-15576 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.0115 Acres of Land for a Sewer Easement, Located at 2824 Angle Avenue, Owned by Artemio and Esperanza Rodriguez, for Sanitary Sewer Rehabilitation Contract 61 (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and the landowners were unsuccessful due to the inability to reach an agreement on value with the property owners to acquire an easement interest in 0.0115 acres of land for a permanent sewer easement on land owned by Artemio and Esperanza Rodriguez, known as 2824 Angle Avenue, M. G. Ellis Addition, Lot 20, Block 52, Tarrant County, Texas, for the purpose of replacing 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 properties; 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: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication L-15576 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire an easement interest in 0.0115 acres of land for a sanitary sewer easement, out of the M.G. Ellis Addition, Lot 20, Block 52, also known as 2824 Angle Avenue, so the City may replace existing sewer lines with new ones. The easement the City seeks is further described in the metes and bounds and survey documents attached to M&C L-15576. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. 6. M&C L-15577 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.0057 Acres of Land at 2821 Lincoln Avenue, Owned by Richard F. Scott for Sanitary Sewer Rehabilitation Contract 61 (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and the landowner were unsuccessful due to the inability to reach an agreement with the property owner on value in order to acquire approximately 0.0057 acres of land owned by Richard F. Scott, known as 2821 Lincoln Avenue, M. G. Ellis Addition, Lot 12, Block 52, Tarrant County Texas, for the purpose of replacing 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 33 of 38 Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication L-15577 be approved and that the Fort Worth City Council authorize the use of power of eminent domain to acquire an easement interest in 0.0057 acres of land for a sanitary sewer easement, out of the M.G. Ellis Addition, Lot 12, Block 52, also known as 2821 Lincoln Avenue for the City to replace existing sewer lines with new ones. The easement the City seeks is further described in the metes and bounds and survey documents attached to M&C L-15577. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. 7. M&C L-15578 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.0114 Acres of Land at 2822 Angle Avenue, Owned by Richard J. Crawford, Rubye G. Jones, and Thelma A. Craig for the Sanitary Sewer Rehabilitation Contract 61 (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and the landowners were unsuccessful due to an inability to reach an agreement with the property owners on value to acquire approximately 0.0 114 acres of land for a permanent sewer easement on land owned by Richard J. Crawford, Rubye G. Jones, and Thelma A. Craig, M. G. Ellis Addition, Lot 21, Block 52, known as at 2822 Angle Avenue, Tarrant County, Texas, for the purpose of replacing 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: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication L-15578 be approved and that the Fort Worth City Council authorize the use of eminent domain to acquire an easement interest in 0.0114 acres of land for a sanitary sewer easement, out of the M.G. Ellis Addition, Lot 21, Block 52, also known as 2822 Angle Avenue, so the City may replace existing sewer lines with new ones. The easement the City seeks is further described in the metes and bounds and survey documents attached to M&C L- 15578. be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 34 of 38 8. M&C L-15579 - Authorize Condemnation by Eminent Domain of a Fee Simple Interest in 0.034 Acres of Land for Right-of-Way and 0.049 Acres of Land for a Temporary Construction Easement Located at 3636 East Rosedale Street, Owned by Jose G. and Yesenia Garza Villalpando, for the East Rosedale Street Improvement Proiect (COUNCIL DISTRICT 8) It was recommended that the City Council declare that negotiations between the City and the landowners to acquire a fee simple interest in 0.034 acres of land for right-of-way and 0.049 acres of land for construction, owned by Jose G. and Yesenia Garza Villalpando, and known as 3636 East Rosedale Street, Lot 1 and Lot 2, Block 13 of A.S. Hall Addition, City of Fort Worth, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement to purchase; declare the necessity to acquire the fee simple and temporary easement interests in the subject property for the reconstruction of East Rosedale Street from U.S. 287 to west of Miller Avenue; authorize the City Attorney to institute condemnation by eminent domain proceedings for a fee simple interest in 0.034 acres of land to be used for right-of-way and 0.049 acres of land for temporary construction; 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. Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication L-15579 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire a fee simple interest in 0.034 acres of land for right-of-way and an easement interest in 0.049 acres of land for temporary construction from Jose G. and Yesenia Garza Villalpando, needed for the East Rosedale Street Improvements Project, from the tract of land known as Lots 1 and 2, Block 13, A.S. Hall Addition, also known as 3636 East Rosedale Street. The land rights will be used to construct a traffic roundabout at the East Rosedale, Ayers Avenue and Avenue E intersection. The necessary right-of-way is described by metes and bounds as depicted by survey plats attached to M&C L-15579. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. 9. M&C L-15580 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.027 Acres of Land for a Temporary Construction Easement, Located at 3607 Ellis Avenue, Owned by Gregory and Maria Garcia Jr., and Defno and Jugana Garcia, for a Sanitary Sewer Rehabilitation Contract (COUNCIL DISTRICT 2) It was recommended that the City Council declare that negotiations between the City and the landowners were unsuccessful due to the inability to reach an Agreement with the property owners on the value to acquire approximately 0.027 acres of land for a temporary construction easement on land owned by Gregory and Maria Garcia Jr., and Defno and Juqana Garcia, known as 3607 Ellis Avenue, Washington Heights Addition, Lot 14, Block 17, Tarrant County, Texas, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 35 of 38 for the purpose of replacing sewer lines; declare the necessity to acquire the described easement interest in the subject property for a 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: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that Mayor and Council Communication L-15580 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire an easement interest in 0.027 acres of land for the temporary construction easement, out of the Washington Heights Addition, Lot 14, Block 17, also known as 3607 Ellis Avenue, for the City to replace the existing sewer lines with new ones. The easement the City seeks is further described in the metes and bounds and survey documents attached to M&C L-15580. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. 10. M&C L-15581 - Authorize Acquisition of a Fee Simple Interest in 3.109 Acres of Vacant Land Located at 4413 SW Loop 820 Owned by Cassco Land Company for the Westlake Drainage Improvement Project No. 01073 in the Amount of $1,421,732.00 and Pay Estimated Closing Costs in the Amount Up to $15,000.00 (COUNCIL DISTRICT 6) It was recommended that the City Council authorize the acquisition of a fee simple interest in 3.109 acres of vacant land located at 4413 SW Loop 820 owned by Cassco Land Company for the Westlake Drainage Improvement Project; find that the total purchase price in the amount of $1,421,732.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, pay just compensation, record the appropriate instrument and pay estimated closing costs in the amount up to $15,000.00. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication L-15581 be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. E. Planning & Zoning 1. M&C PZ-3008 - Adopt Resolution Amending the City's Three-Year Annexation Plan to Add Approximately 287.0 - Acre Tract of Land Located South of Blue Mound Road and West of the City of Haslet (COUNCIL DISTRICT 7) (Continued from a Previous Meeting) Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication PZ-3008 be denied. The motion carried unanimously 7 ayes to 0 nays, with Council Members Espino and Scarth absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 36 of 38 Council Member Scarth returned to his place on the dais. F. Award of Contract 1. M&C C-26328 - Authorize Execution of a Contract with Jet Underground Utilities, Inc., in the Amount of $1,082,401.77 for Reconstruction of Premature Failed Streets at Fifteen Locations (COUNCIL DISTRICTS 4 and 7) It was recommended that the City Council authorize the execution of a contract with Jet Underground Utilities, Inc., in the amount of $1,082,401.77 for pavement reconstruction of select prematurely failed streets at 15 locations. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26328 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 2. M&C C-26329 - Authorize Execution of a Contract with CD Builders, Inc., in the Amount of $1,137,235.00, for Storm Drain and Channel Improvements at Meacham Boulevard, and Provide for Contingencies and Construction Services for a Total Proiect in the Amount of$1,292,352.00 (COUNCIL DISTRICT 2) It was recommended that the City Council authorize the execution of a contract with CD Builders, Inc., in the amount of $1,137,235.00 for Storm Drain and Channel Improvements at Meacham Boulevard. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-26329 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. 3. M&C C-26330 - Authorize Execution of a Contract with High Sierra Electronics, Inc., in the Amount of $1,561,516.00 for Installation of 38 High-Water Warning Systems at Various Locations in Fort Worth (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of a contract with High Sierra Electronics, Inc., in the amount of $1,561,516.00 for the installation of 38 high-water warning systems at various locations in Fort Worth. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26330 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 37 of 38 4. M&C C-26331 - Authorize Execution of Change Order No. 4 to City Secretary Contract No. 42205 with AUI Contractors, LLC, in the Amount of$1,293,332.75, Thereby Increasing the Contract Amount to $6,548,372.75 for Digester Sludge Removal, Treatment and Disposal at Former Riverside Wastewater Treatment Plant in Gateway Park (COUNCIL DISTRICT 4) It was recommended that the City Council authorize execution of Change Order No. 4 to City Secretary Contract No. 42205 with AUI Contractors, LLC, in the amount of $1,293,332.75, thereby increasing the contract amount to $6,548,372.75 for digester sludge removal, treatment and disposal at the former Riverside Wastewater Treatment Plant in Gateway Park. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26331 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Espino absent. XIX. CITIZEN PRESENTATIONS Ms. Angelia Martin, 5024 Monterrey Manor, appeared before Council relative to Nspire Management, LLC. Mayor Price directed Ms. Martin to speak with Mr. Wayne Corum, Director, Equipment Services Department. Ms. Beverly Branham, 6487 Woodstock Road, appeared before Council relative to keeping the Water Department because it performed best practices and lead the out sourced private partnership idea. Mr. George Vernon Chiles, 2800 South Jennings Avenue, appeared before Council relative to the failure of G.G. Hempstead to enforce Chapter Six, Fort Worth City Code. Ms. Dianna Lo Wilson, 5816 Village Course Circle #326, appeared before Council relative to the bus line and weeds. Mayor Price directed Ms. Wilson to speak with Mr. Wayne Corum, Director, Equipment Services Department. Mr. Stephen Hall, 904 Collier Street, appeared before Council relative to the City budget. XX. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 9, 2013 Page 38 of 38 XXL ADJOURNMENT There being no further business, Mayor Price adjourned the Regular Meeting at 9:50 p.m. These minutes approved by the Fort Worth City Council on the 23rd day of July, 2013. Attest: Approved: Mary J. Kayser Betsy Price City Secretary Mayor