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HomeMy WebLinkAbout2013/09/10-Minutes-City Council CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim"Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth,District 4 Council Member Gyna M. Bivens, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton,District 7 Council Member Kelly Allen Gray,District 8 Council Member Joel Bums,District 9 Staff Present: Tom Higgins,City Manager Sarah Fullenwider, City Attorney Mary Kayser,City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:00 p.m. on Tuesday, September 10, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. 11. INVOCATION-Pastor Jeff York, Lakeland Baptist Church The invocation was provided by Pastor Jeff York,Lakeland Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGUST 20, 2013, THE JOINT MEETING OF THE CITY COUNCIL AND THE CRIME CONTROL AND PREVENTION DISTRICT BOARD OF DIRECTORS ON AUGUST 22, 2013, AND THE JOINT MEETING OF THE CITY COUNCIL AND FORT WORTH TRANSPORTATION AUTHORITY BOARD OF DIRECTORS ON AUGUST 277 2013 Motion: Council Member Bums made a motion, seconded by Council Member Scarth, that the minutes of the Regular meeting of August 20, 2013, the Joint Meeting of the City Council and the Crime Control and Prevention District Board of Directors of August 22, 2013, and the Joint Meeting of the City Council and the Fort Worth Transportation Authority Board of Director of August 27, 2013, be approved. The motion carried 8 ayes to 0 nays with 1 abstention by Mayor Pro tem Zimmerman. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 2 of 37 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication PZ-2035 be removed from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication G-17965 be withdrawn and replaced with Mayor and Council Communication G-17965 (Revised). VII. CONSENT AGENDA Motion: Council Member Bums made a motion, seconded by Council Member Shingleton, that the Consent Agenda be approved as amended.The motion carried unanimously 9 ayes to 0 nays. A. General-Consent Items 1. M&C G-17986 - Approve Findings of the Ground Transportation Coordinator Reeardine Application of ALA Limousine Services, LLC, to Operate Three Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: The public necessity and convenience require the operation of three limousines upon the City streets, alleys and thoroughfares; ALA Limousine, LLC, is qualified and financially able to conduct a limousine service within the City; ALA Limousine,LLC,has complied with the requirements of Chapter 34 of the City Code; ALA Limousine, LLC, presented facts in support of compelling demand and necessity for three limousines; the general welfare of the citizens of the City will best be served by the addition of three limousines upon City streets,alleys and thoroughfares;and adopt Ordinance No. 20885-09- 2413 granting the privilege of operating authority to ALA Limousine, LLC, for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of three limousines for a one-year period beginning on the effective date; providing for written acceptance by ALA Limousine, LLC, and conditioned on ALA Limousine,LLC,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 SEPTEMBER 10,2013 Page 3 of 37 2. M&C G-17987 - Approve Findines of the Ground Transportation Coordinator Regarding Renewal Application of Go Green Taxi, LLC, to Operate Two Pedicabs 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: Go Green Taxi, LLC, 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; Go Green Taxi, LLC, 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 two pedicabs by Go Green Taxi, LLC; and adopt Ordinance No. 20886-09-2013 granting the privilege of operating authority to Go Green Taxi, LLC, for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its pedicab business, which shall consist of the operation of two pedicabs for a one-year period beginning on the effective date; providing for written acceptance by Go Green Taxi, LLC, and conditioned on Go Green Taxi, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth(1986),as amended. 3. M&C G-17988 - Approve Findines of the Ground Transportation Coordinator Re2ardin Application of Medi-Take, Inc. d/b/a 5 Stars Executive Limo to Operate One Limousine Within the City of Fort Worth and Adopt Ordinance Granting!Such Authority(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: The public necessity and convenience require the operation of one limousine upon the City streets, alleys and thoroughfares; Medi- Take, Inc., d/b/a 5 Stars Executive Limo, is qualified and financially able to conduct a limousine service within the City; Medi-Take, Inc., d/b/a 5 Stars Executive Limo, has complied with the requirements of Chapter 34 of the City Code; Medi-Take, Inc., d/b/a 5 Stars Executive Limo, presented facts in support of compelling demand and necessity for one limousine; the general welfare of the citizens of the City will best be served by the addition of one limousine upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20887-09-2013 granting the privilege of operating authority to Medi-Take,Inc., d/b/a 5 Stars Executive Limo, 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 one limousine for a one-year period beginning on the effective date; providing for written acceptance by Medi-Take, Inc., d/b/a 5 Stars Executive Limo, and conditioned on Medi-Take, Inc., d/b/a 5 Stars Executive Limo, 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 SEPTEMBER 10,2013 Page 4 of 37 4. IM&C G-17989 - Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Neal Arnold d1b/a Allpoints Corporate Express, to Operate Two Limousines Within the City of Fort Worth and Adopt Ordinance Grantini!Such Authority(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: Neal Arnold d/b/a Allpoints Corporate Express 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; Neal Arnold d/b/a Allpoints Corporate Express 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 two limousines by Neal Arnold d/b/a Allpoints Corporate Express; and adopt Ordinance No. 20888- 09-2013 granting the privilege of operating authority to Neal Arnold d/b/a Allpoints Corporate Express 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 limousines for a one-year period beginning on the effective date; providing for written acceptance by Neal Arnold d/b/a Allpoints. Corporate Express and conditioned on Neal Arnold d/b/a Allpoints Corporate Express complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986),as amended. 5. M&C G-17990 - Adopt Appropriation Ordinance and Authorize Transfer of Funds from the Special Trust Fund, Municipal Court Building Security Project, in the Amount of $361,120.00 to Reimburse the General Fund for Fiscal Year 2013 Building Security and Enhancement Costs (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20889-09-2013 increasing estimated receipts and appropriations in the Special Trust Fund, Municipal Court Building Security Project, in the amount of$361,120.00, from available funds, for the purpose of staffing dedicated to building security functions and physical enhancements to building security; and authorize a transfer from the Special Trust Fund, Municipal Court Building Security Project to the General Fund. B. Purchase of Equipment,Materials,and Services-Consent Items 1. M&C P-11571 - Authorize Purchase Agreement with Casco Industries,Inc.,in the Amount UR to $71,000.00 for Firefighter Boots for the Fire Department ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with Casco Industries, Inc., in the amount up to $71,000.00 for firefighter boots for the Fire Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 5 of 37 2. M&C P-11572 - Authorize Non-Exclusive Purchase Agreements with NTS Mikedon, LLC, U.S. Shoring and Equipment, and United Rentals (North America) Inc, for Rental of Shoring, Trenching and Shielding Equipment for a Combined Amount Up to $150,000.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Non-Exclusive Purchase Agreements with NTS Mikedon, LLC, U.S. Shoring and Equipment, and United Rentals (North America), Inc., for rental of shoring, trenching and shielding equipment for a combined amount up to $150,000.00 for the first year. 3. M&C P-11573 - Authorize Purchase Agreement with Cohn and Greeory, Inc., in the Amount Up to $90,000.00 for the First Year, for Polyvinyl Chloride Sewer Fittings for the Water Department(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement to Cohn and Gregory, Inc., in the amount up to $90,000.00 for the first year, for polyvinyl chloride sewer fittings to the Water Department. 4. M&C P-11574 - Authorize Purchase of Three Horizontal Centrifugal Pumps an Motors from FCX Performance,Inc. d/b/a Pierce Pump Company and One Pump and Motor from Patterson Pump Company in the Amount of$205,410.00 for the Water Department(COUNCIL DISTRICTS 4 and 5) The City Council approved the following recommendation: Authorize the purchase of three horizontal centrifugal pumps and motors from FCX Performance, Inc., d/b/a Pierce Pump Company, and one pump and motor from Patterson Pump Company in the amount of $205,410.00 for the Water Department. C. Land-Consent Items 1. M&C L-15611 - Authorize Acquisition of an Access Easement in 0.184 Acres of Land, Located at 301 Stockyards Boulevard, in the Amount of $51,700.00 for Tony's Creek Detention Rehab Minor Draina2e., and Pay the Estimated Closing Costs Up to $2,000.00 for a Total Cost in the Amount of$53,700.00 (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of an easement interest in 0.184 acres of land for access, on land owned by Stockyards 2000 L.P., Fort Worth Stockyards Co., Lot 10, Block 9, known as 301 Stockyards Boulevard, in the amount of $51,700.00, for the Tony's Creek Detention Rehab minor drainage, and pay the estimated closing costs up to $2,000.00 for a total cost in the amount of$53,700.00; find that the total purchase price in the amount of$51,700.00 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 of$2,000.00. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10, 2013 Page 6 of 37 D. Planning& Zoning-Consent Items 1, M&C PZ-3033 - Adopt Ordinance Vacating a Portion of an Alley in the Jennings West Addition Located Between Penn Street and Summit Avenue for a New Commercial Development(COUNCIL DISTRICT 9 The City Council approved the following recommendation: Adopt Ordinance No. 20890-09- 2013 vacating and extinguishing a 12-foot wide alley right-of-way, located in Block 33, Jennings West Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and containing approximately 1,200 square feet of land more or less between Penn Street and Summit Avenue for a new commercial development; and waive any and all purchase fee value of the vacated land in accordance with City Policy(Mayor and Council Communication G-15624). 2. M&C PZ-3034 - Adopt Ordinance Vacating a Portion of Mercedes Avenue Between Carroll Street and Foch Street for Multi-Family Residential Development(COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Ordinance No. 20891-09- 2013 vacating and extinguishing a portion of Mercedes Avenue, situated in the William Bussell Survey, Abstract No. 151 in the City of Fort Worth,as shown on a plat for Linwood Addition, an addition to the City of Fort Worth, Tarrant County, Texas; containing approximately 18,061 square feet or 0.415 acre of land between Carroll Street and Foch Street for a multi-family residential development; and waive any and all purchase fee value of the vacated land in accordance with City Policy(Mayor and Council Communication G-15624). 4. IM&C PZ-3036 - Authorize Initiation of Rezoning for the Great Commission Baptist Church Property at 7700 McCart Avenue., in Accordance with the Comprehensive Plan (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the City Manager to initiate certain zoning changes for the Great Commission Baptist Church property at 7700 McCart Avenue, in accordance with the Comprehensive Plan. E. 'Award of Contract-Consent Items 1. M&C C-26417 - Authorize Termination of City Secretary Contract No. 44449 with CPS Civil, LLC, for Construction of Pedestrian and Streetscave Improvements in the Historic Handley Urban Villa2e on East Lancaster Avenue Between Forest Avenue and Handley Drive. Authorize Execution of a Contract with The Fain Group., Inc., in the Amount of $277,741.55 for the Same Project, and Provide for Survey, Materials Testing, Inspections and Contingencies for a Project Total in the Amount of$349,309.22 (COUNCIL DISTRICT 5) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10, 2013 Page 7 of 37 The City Council approved the following recommendation: Authorize the ten-nination of City Secretary Contract No. 44449 with CPS Civil, LLC, for construction of pedestrian and streetscape improvements in the Historic Handley Urban Village on East Lancaster Avenue between Forest Avenue and Handley Drive; and authorize the execution of a contract with The Fain Group, Inc., in the amount of$277,741.55 for the same project, and provide for survey, materials testing, inspections and contingencies for a project total in the amount of$349,309.22. 2. M&C C-26418 - Authorize Execution of Amendment No. 5 to City Secretary Contract No.38775,an Engineering Agreement with Kennedy Consulting,Ltd.,in the Amount of$63,017.00 for the Design of Altamesa Boulevard Formerly Known as Dirks Road from Bryant Irvin Road to Granbury Road, Thereby Increasing the Total Contract Amount to $1,868,100.85(COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize execution of Amendment No. 5 to City Secretary Contract No. 38775, an Engineering Agreement with Kennedy Consulting, Ltd., in the amount of$63,017.00 for the design of Altamesa Boulevard formerly known as Dirks Road from Bryant Irvin Road to Granbury Road, thereby increasing the total contract amount to $1,868,100.85. 3. M&C C-26419- Authorize Execution of an Agreement with Texas Midstream Gas Services,LLC, in the Amount of$74,606.82 for Recovery of the City's Desi2n and Construction Costs Resulting from a Gas Pipeline Conflict with the Sycamore Park Bridge on East Rosedale Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the execution of an agreement with Texas Midstream Gas Services, LLC, in the amount of$74,606.82 for recovery of the City's design and construction costs resulting from a gas pipeline conflict with the Sycamore Park Bridge on East Rosedale Street; authorize the acceptance of payment in the amount of$74,606.82 for the additional costs associated with the redesign and construction to remediate the gas pipeline conflict; and adopt Appropriation Ordinance No. 20893-09-2013 increasing the estimated receipts and appropriations in the Streets Improvements Fund, in the amount of$74,606.82, from available funds, for the same purpose as reflected above. 4. M&C C-26420 - Authorize Execution of an EnOneerin Services A2reement with Gerry de Camp, P.E., PTOE,in an Amount Not to Exceed$100,000.00 for Traffic Signal Operations Enidneerina Services Over a Twelve Month Time Period (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an Engineering Services Agreement with Gerry de Camp, P.E., PTOE, in an amount not to exceed $100,000.00 for traffic signal operations engineering services over a 12-month period. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 8 of 37 5. M&C C-26421 - Authorize Execution of Interlocal Agreements with Various Municipalities and Other Governmental Entities for Participation in the Environmental Collection Center Household Hazardous Waste Program (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of Interlocal Agreements with various municipalities and other governmental entities for their participation in the Environmental Collection Center Household Hazardous Waste Program. 6. IM&C C-26422 - Authorize Execution of Amendment No. I to City Secretary Contract No. 44165, with Bridarefarmer & Associates, Inc., for the Design of Parker-Henderson Road in the Amount of$393,767.65 from Mansfield Hiphwa to Martin Street, Thereby Establishing a Total Contract Cost in the Amount of $433,067.65 (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of Amendment No. I to City Secretary Contract No. 44165, an Engineering Services Agreement with Bridgefanner & Associates, Inc,, in the amount of$393,767.65 for the design of Parker- Henderson Road from Mansfield Highway to Martin Street, thereby establishing a total contract cost in the amount of$433,067.65. 7. M&C C-26423 - Authorize Execution of a Texas Commission on Environmental Ouality Federally Funded Grant Agreement in an Amount Not to Exceed $308,856.00 for Air Pollution Control Services, Apply Indirect Costs at Approved Percentaze Rate and Adopt Appropriation Ordinance(COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of the Texas Commission on Environmental Quality (TCEQ) Federally Funded Grant Agreement for air pollution control services with a maximum amount of $308,856.00 for a two-year term starting September 1, 2013, through August 31, 2015; authorize the use of existing personnel services for the City's in-kind match with an anticipated value of$101,922.00 for the two-year term of September 1, 2013, through August 31, 2015; adopt Appropriation Ordinance No. 20894-09-2013 increasing estimated receipts and appropriations in the Grants Fund, in the amount of$206,934.00, subject to receipt of an executed contract from the TCEQ for grant years 2013-2014 through 2014-2015, for the purpose of operating and maintaining various ambient air monitoring stations as part of the City's Air Pollution Control Program; and apply indirect costs at the most recently approved rate of 21.48 percent for the Transportation and Public Works Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 9 of 37 8. M&C C-26424 - Authorize Execution of Amendment Na. 3 to City Secretary Contract No. 42227, an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental -Ouality for the Operation and Maintenance of Nitrop-en Oxides Monitoring Network in the Amount of $35,384.00 for a Total Contract Amount of $150.384.00. Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of Amendment No. 3 to City Secretary Contract No. 42227, an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality (TCEQ) at a maximum amount of$35,384.00 for the contract period September 1, 2013, through August 31, 2014; adopt Appropriation Ordinance No. 20895-09-2013 increasing estimated receipts and appropriations in the Grants Fund, in the amount of$35,384.00, subject to receipt of an executed contract from the TCEQ, for the purpose of operating and maintaining the continuous air monitoring stations on behalf of the TCEQ; and apply the indirect cost at the rate of 21.48 percent in accordance with the terms of the Intergovernmental Cooperative Reimbursement Contract. 9. M&C C-26425 - Authorize Execution of an Agreement with the United States Department of Justice, Drug Enforcement Administration to Continue Participation in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force, Authorize Reimbursement of Costs Associated with Participation in the Amount Up to $116,588.25 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with the United States Department of Justice, Drug Enforcement Administration to continue participation in the Drug Enforcement Administration Fort Worth Multi-Agency Task Force; authorize the acceptance in the amount up to $116,588.25 for reimbursement of overtime worked by the assigned officers and support provided by a clerical employee; and adopt Appropriation Ordinance No. 20896-09-2013 increasing estimated receipts and appropriations in the Grants Fund, in the amount of$116,588.25, upon execution of an agreement for the purpose of reimbursement of overtime costs for assigned officers and a clerical employee to continue operation of the Drug Enforcement Administration, Fort Worth Multi-Agency Task Force. 10. M&C C-26426-Ratify Application for and Authorize Acceptance of, if Awarded, the Victim Coordinator and Liaison Grant from the Office of the Attorney General in the Amount Not to Exceed $84,000.00, Authorize Execution of a Contract with the Office of the Attorney General, Adopt Resolution in Order to Make Assurances Required and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 10 of 37 The City Council approved the following recommendation: Ratify the application for the Fiscal Year 2014-2015 Victim Coordinator and Liaison Grant from the Office of the Attorney General of Texas, Crime Victim Services Division, in the amount of $84,000.00; authorize the acceptance of grant funds in the amount not to exceed $94,000.00, if awarded; authorize the execution of a contract with the Office of the Attorney General of Texas; adopt Resolution No. 4234-09-2013 authorizing the making of assurances required by the Office of the Attorney General Crime Victim Services Division in connection with the Fiscal Year 2014-2015 Victim Coordinator and Liaison Grant funds; and adopt Appropriation Ordinance No. 20897-09-2013 increasing estimated receipts and appropriations in the Grants Fund, in the amount of $84,000.00, subject to receipt of the grant, for the purpose of funding a bilingual, Spanish- language Victim Assistance Specialist who can provide consistent services throughout the Fort Worth Police Department for victims and their families who need Spanish-language bilingual services. 11. M&C C-26427 - Ratify Execution of Three-Year Extension of Agreement with West Publishiniz Corporation Using a Texas Multiple Award Schedule Contract for Web Access to the Consolidated Lead Evaluation and Reporting System for a Cost in the Amount of$99,300.00(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the execution of a three-year extension of agreement with West Publishing Corporation using Texas Multiple Award Schedule Contract No. TXMAS-3-520010 for web access to the Consolidated Lead Evaluation and Reporting CLEAR System for a cost in the amount of$99,300.00 for the three-year period. 12. M&C C-26428 - Authorize Reiection of All Bids Received for the Installation of the Sixteen Inch Meters and Bypass Line for the Crowley Wastewater Meter Station Proiect and Authorize Re-Advertisement(COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the rejection of all bids received for the installation of the 16-inch meters and bypass line for the Crowley Wastewater Meter Station and authorize re-advertisement. VIII. 'PRESENTATIONS BY THE CITY SECRETARY-CONSENT ITEMS 1. OCS- 1896-Notice of Claims for Alleged Damages and/or Iniuries End of Consent Agenda. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 11 of 37 D.Planning& Zoning- Removed from Consent Agenda 3. IM&C PZ-3035 - Adopt Ordinance Vacating Portions of Apparent Prescriptive Rights-of-Way Known as Elizabethtown Cemetery Road and Old Denton Road for Future Industrial Development(COUNCIL DISTRICT 71 It was recommended that the City Council adopt an ordinance vacating and extinguishing a portion of Elizabethtown Cemetery Road and Old Denton Road, situated in the T.J. Bates Survey, Abstract No. 206, William Bush Survey,Abstract No. 205, James Eads Survey, Abstract No. 410, and the T.S. Reyburn Survey, Abstract No. 1130 of Denton County, Texas, for future industrial development; and waive any and all purchase fee value of the vacated land in accordance with City Policy(Mayor and Council Communication G-15624). Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication PZ-3035 be approved and Ordinance No. 20892-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. IX. SPECIAL PRESENTATIONS,INTRODUCTIONS,ETC. 1. Presentation by Daggett Middle School Triathlon Club Mr, John Castro, NY Life Insurance, Ms. Liesel Streich, Owner/Coach of Limitless Endurance, and Ms. Sandra Medina, Program Coodinator/Administrative Assistant of the Parks and Community Services Department, introduced members of the Daggett Middle School Triathlon Team. Ms. Medina stated that the Daggett Middle School Triathlon Club is the only public school Triathlon Club in the state of Texas. She added that the club wished to thank the Mayor for her support and wanted to encourage others who may be interested in starting a similar program at the school. Mayor Price commended the Daggett students, volunteers and specifically Ms. Medina for her work with both the Daggett students and the Mobile Recreation Learn to Swim Program. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 12 of 37 2. Presentation of Proclamation for USS Fort Worth Day Council Member Shingleton presented a proclamation for USS Fort Worth Day to Captain T.D. Smyers, American Red Cross, and Ms. Rebecca Montgomery, Executive Director of the USS Fort Worth Support Committee. He stated that United States Navy's mission was to maintain, train and equip combat ready Naval forces capable of winning wars, to deter aggression and maintain freedom of the seas. He added that the Littoral Combat Ship was an essential asset to the Naval combatant fleet, because it was a fast,agile and focused-mission platform designed for operation in near-shore environments and open-ocean operation, with war fighting capabilities to defeat threats. He further stated that the City of Fort Worth maintained a proud Naval heritage, and has been the hometown of countless Naval personnel including three United States Secretaries of the Navy: John B. Connally, Jr., Fred Korth and Gordon R. England. He stated that the USS FORT WORTH (LCS 3) was christened in 2010 and commissioned in 2012 celebrating the first time the great city had been named as a Naval vessel to honor the city. He commended the Sailors of USS FORT WORTH (LCS 3) on their first commissioning anniversary and wished the Sailors"Fair Winds and Following Seas." Captain Smyers presented the City with a U.S. Flag that had flown over the Capital and on the USS Fort Worth when it was commissioned. 3. Presentation of Proclamation for Hunger Action Mouth Council Member Bums presented a proclamation for Hunger Action Month to Mr. Charles Boswell, President of the Tarrant Area Food Bank Board of Directors. He stated that since 1982, the Tarrant Area Food Bank had worked to create communities where no one had to go hungry by distributing food to a network of hunger-fighting charities in 13 North Texas counties including food pantries, emergency shelters, soup kitchens, low-income day care centers, after- school programs, senior citizen centers, Kids Cafes, BagPacks for Kids, rehabilitation facilities and other social service centers. He added that one of every four children in Fort Worth and Tan-ant County lives in food-insecure households that do not consistently have the resources to access adequate amounts of nutritious foods and that hunger among the children of workers caused more frequent illness, a greater need for healthcare and led to increased absenteeism and turnover in the workplace which could be costly for families, as well as employers, and created a less competitive workforce with lower levels of education and technical skills. He further stated that the Tan-ant Area Food Bank could not accomplish its mission without the help of its 300 hunger-fighting partner agencies, some 7,000 volunteers each year, and more than 800 community food drives, in addition to the hundreds of grocery stores, restaurants and food manufacturing companies that donate food. He announced that the Tan-ant Area Food Bank, along with 200 other regional food banks across the nation, would host events during the month of September to inspire individuals and communities to take action against local hunger. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 13 of 37 City Secretary Kayser advised that Mayor and Council Communications G-17994 was a donation and would be moved up on the agenda. 6. M&C G-17994 - Authorize Acceptance of the Donation of Eleven Canine First- Aid Kits from the Area Metropolitan Ambulance Authority d/b/a MedStar Valued in the Amount of $3,300.00 for the Fort Worth Police Department's K-9 Unit(ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of the donation of I I canine first-aid kits from the Area Metropolitan Ambulance Authority d/b/a MedStar valued in the amount of $3,300.00 for the Fort Worth Police Department's K-9 Unit. Mayor Pro tem Zimmerman presented a Certificate of Recognition to Mr. Heath Wright of the Area Metropolitan Ambulance Authority d/b/a MedStar. Motion: Council Member Bums made a motion, seconded by Council Member Scarth, that Mayor and Council Communication G-17994 be approved. The motion carried unanimously 9 ayes to 0 nays. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcona"n and Recent Events Council Member Jordan reminded everyone that September 11, 2013, marked the 12th anniversary of the attack of the United States. He stated that 343 firefighters lost their lives trying to save others, and on Friday, September 6, 2013, firefighters from around the area attended the 9/11 Memorial Stair Climb at Reunion Tower in Dallas to honor their comrades who lost their lives in the World Trade Center. He presented pictures of the event and added that Fort Worth Firefighters Clay Daugherty, Michael Woodard, Brian Oates, and Ryan Gallagher attended the ceremony. He added that there was also a ceremony held in Oklahoma City and it was attended by Fort Worth Firefighters Ryan Branch and Gino Agnello. He expressed appreciation to the Fort Worth Fire Department, and his son, a Mesquite firefighter, for participating in the event. He requested that everyone remember 9/11 and celebrate the many freedoms afforded to Americans. Council Member Bivens expressed appreciation to Council Member Jordan for his words and stated that she was in Battery Park two weeks after the bombings and would never forget the impact the devastation had on her. She announced that the first District 5 Bond Meeting was held on Saturday, September 6, 2013, and stated that more than 60 citizen showed up to attend the event. She expressed her appreciation to the audience members who were present at the bond meeting. She added that the next bond meeting would take place on Thursday, September 12, 2013, at 6:30 p.m. at the Handley-Meadowbrook Recreation Center, 6201 Beaty Street, and invited everyone to attend. She announced that third bond meeting in District 5 would take place on Saturday, September 14, 2013, at 9:00 a.m., at the Tarrant County College Opportunity Center, 5901 Fitzhugh Avenue,and invited everyone to attend. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 14 of 37 Council Member Bums announced that the Second Annual Mega Pet Adoption weekend was scheduled for Saturday, September 14, 2013, from 8:00 a.m. to 5:00 p.m., and Sunday, September 15, 2013, from 10:00 a.m. to 3:00 p.m., at the two Fort Worth PetSmart adoption centers located at 4800 Southwest Loop 820 (1-20 at Hulen) and 2901 Texas Sage Trail (1-35W at Heritage Trace Parkway). He stated that last year more than 300 pets were adopted with the help of PetSmart Charities, and invited everyone to attend this year. Mayor Pro tem Zimmerman announced that the White Cane Day Walk would take place on Tuesday, October 15, 2013, at 10:30 a.m. at the First United Methodist Church parking lot, 800 West Fifth Street. He stated that this was an opportunity for the public to experience what it was like to walk in the shoes of someone who is blind and invited everyone to attend. Council Member Allen Gray expressed appreciation to Mr. Monnie Gilliam, Board member for the KEEN group, for KEEN's sponsorship of the Kids Fish with Kelly event held at the Evans Plaza, 1050 Evans Avenue, on Saturday, September 6,2013. She said over 350 children attended the event and expressed special appreciation to Chief Rudy Jackson, the Fort Worth Fire Department, the Fort Worth Firefighters' Association, the Fort Worth Police Officers' Association, the Water Department, Parks and Community Services Department, Texas Wildlife Association, the Kid Fish Group, and Harris Methodist Hospital for their donations and sponsorship of the event. She announced that the 2013 Southeast Community Praise Walk would take place on Saturday, September 14, 2013, at 7:00 a.m. She added that Mayor Price, Council Member Bivens and she would be attending the 6.1-mile walk hosted by First Saint John Cathedral and Mount Olive Baptist Church. She stated that the walk would begin at Berry Street and 1-35 and would end in District 5 at Berry Street and 820, and she invited everyone to attend. She also announced that Mayor Price and she would be attending the Healthy Kappas Community Health Fair, Saturday, Saturday 14, 2013, from 11:00 a.m. to 3:00 p.m., at the Ella Mae Shamblee Library, 1062 Evans Avenue. She added that the event would be sponsored by the Fort Worth Chapter of Kappa Alpha Psi's and invited everyone to attend. Council Member Scarth recognized Fort Worth Star-Telegram City Beat writer, Scott Nishimura, and added that Mr. Nishimura would be reassigned at the Star-Telegram. He expressed appreciation for the accurate work he had done as a reporter. Mayor Price stated that there would be a District 7 Town Hall meeting on Saturday, September 14,2013, at 9:00 a.m., at Dorado Park,415 Baverton, and invited everyone to attend. 2. Recognition of Citizens There was no recognition of citizens. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 15 of 37 3. Approval of Ceremonial Travel Motion: Council Member Scarth made a motion, seconded by Council Member Bums, that Mayor Price, Council Members Espino and Shingleton be approved for ceremonial travel to Sugarland, Texas, to tour the Sugarland Skeeter Minor League Ball Field for suggestions on how to improve Cats Stadium at LaGrave Field. The motion carried unanimously 9 ayes to 0 nays. X1. 'PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Ms. Lori Gordon be appointed to Place 2 on the Urban Design Commission, effective September 30, 2013, and with a term expiring October 1, 2014. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mr. Mike Holt be appointed to Place 7 on the Historic and Cultural Landmarks Commission, effective October 1, 2013, and with a term expiring October 1, 2015. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Bums made a motion, seconded by Council Member Jordan, that Mr. Joseph Self be appointed to Place 9 on the Historic and Cultural Landmarks Commission, effective October 1, 2013, and with a term expiring October 1, 2015. The motion carried unanimously 9 ayes to 0 nays. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIH. RESOLUTIONS 1. A Resolution of the City Council of Fort Worth,Texas Recognizing STEERFW as a Youne Leader's Initiative to Increase Civic Engagement City-Wide in the City's Young Leaders It was recommended that the City Council of Fort Worth, Texas, adopt a resolution recognizing STEERFW as a Young Leader's Initiative to increase civic engagement City-wide in the City's young leaders. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Resolution No. 4235-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 16 of 37 2. A Resolution Appoinfinj! Joel Burns to the Board of Directors of Tax Increment Reinvestment Zone Number Six, City of fort Worth, Texas, Acknowleftin2 the Appointment of the Other Current Members of the Board and Appointing Joel Burns as Chairperson for the Board(Riverfront TIF) It was recommended that the City Council adopt a resolution appointing Joel Bums to the Board of Directors of Tax Increment Reinvestment Zone No. 6, City of Fort Worth, Texas, effective September 10, 2013, and with a term expiring December 30, 2014; acknowledging the appointment of the other current members of the Board and appointing Joel Bums as Chairperson for the Board(Riverfront TIF). Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Jordan, that Resolution No, 4236-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 1 A Resolution Appointinf! Michael OHarra to the Board of Directors of Tax Increment Reinvestment Zone Number Seven, City of Fort Worth, Texas, and Acknowled2ine the Appointment of the Other Current Members of the Board (North Tarrant Parkway TIF) It was recommended that the City Council adopt a resolution appointing Michael O'Harra to the Board of Directors of Tax Increment Reinvestment Zone No. 7, City of Fort Worth, Texas, effective September 10, 2013, and with a term expiring December 31, 2013, and acknowledging the appointment of the other current members of the Board(North Tarrant Parkway TIF). Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Resolution No. 4237-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. A Resolution Appointing Richard Casarez to the Board of Directors of Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas, and Acknowleftin the Appointment of the Other Current Members of the Board (Lancaster Corridor TIF) It was recommended that the City Council adopt a resolution appointing Richard Casarez to the Board of Directors of Tax Increment Reinvestment Zone No. 8, City of Fort Worth, Texas, effective September 10, 2013, and with a term expiring December 31, 2013, and acknowledging the appointment of other current members of the Board(Lancaster Corridor TIF). Motion: Council Member Jordan made a motion, seconded by Council Member Bivens, that Resolution No. 4238-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 17 of 37 5. A Resolution Appointing Dennis Shingleton to the Board of Directors of Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas, and Acknowledging the Appointment of the Other Current Members of the Board (Lone Star TIF) It was recommended that the City Council adopt a resolution appointing Dennis Shingleton to the Board of Directors of Tax Increment Reinvestment Zone No. 10, City of Fort Worth, Texas, effective September 10, 2013, and with a term expiring December 13, 2013, and acknowledging the appointment of the other current members of the Board(Lone Star TIF). Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern Zimmerman, that Resolution No. 4239-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 6. A Resolution Appointing Gyna Bivens to the Board of Directors of Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas, and Acknowledging the Appointment of the Other Current Members of the Board (Woodhaven TIF) It was recommended that the City Council adopt a resolution appointing Gyna Bivens to the Board of Directors of Tax Increment Reinvestment Zone No. 13, City of Fort Worth, Texas, effective September 10, 2013, and with a term expiring December 31, 2014, and acknowledging the appointment of the other current members of the Board(Woodhaven TIF). Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern Zimmerman, that Resolution No. 4240-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 7. A Resolution Appointint! Gyna Bivens and Ryan Martin to the Board of Directors of Tax Increment Reinvestment Zone Number Fourteen, City of Fort Worth, Texas-, Acknowledging the Appointment of the Other Current Members of the Board and Appointing Gyna Bivens as Chairperson for the Board (Trinity Lake TIF) It was recommended that the City Council adopt a resolution appointing Gyna Bivens and Ryan Martin to the Board of Directors of Tax Increment Reinvestment Zone No. 14, City of Fort Worth, Texas, effective September 10, 2013, and with a term expiring December 31, 2014; acknowledging the appointment of the other current members of the Board and appointing Gyna Bivens as Chairperson for the Board(Trinity Lake TIF). Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Bums, that Resolution No. 4241-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 18 of 37 XIV. ZONING HEARING The City Council at its regular meeting of August 20,2013,continued ZC-13-049. 1. ZC-13-049 - (CD-ALL) - City of Fort Worth Planning & Development, Tex Amendment: Airport Overlay and Compatible Use Zones, An Ordinance amending the Zonint! 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 Rep-ulations" 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-CUZ11) Restrictions for incompatible uses within Clear Zones and Accident Potential Zones for the Naval Air Station Fort Worth Joint Reserve Base; and To revise Chapter 9, "Definitions" to add definitions related to airports (Recommended for Approval by the Zoning Commission (Continued from a Previous Meetiniz) The following individuals appeared before Council in support of Zoning Docket ZC-13-049: Captain Gil Miller, 1510 Chennault Avenue Ms. Bridget Lauderdale,One Lockheed Boulevard Mr. Robert Ginsburg,777 Main Street, Suite 1300 Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-13-049 be approved and Ordinance No. 20898-09-2013 be adopted.The motion carried unanimously 9 ayes to 0 nays. The City Council at its regular meeting of August 20, 2013,continued ZC-13-050. 2. ZC-13-050 - (CD 3, CD 7) -City of Fort Worth Planninj! and Development, North and South of NAS Fri' JRB Runways; from: various zoning districts to: add Airport Overlav/Compatible Use Zone Overlay Districts (Recommended for Approval by the Zoninp,Commission) (Continued from a Previous Meeting) Captain Gil Miller completed a speaker card in support of Zoning Docket ZC-13-050 but did not address the Council. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tern Zimmerman, that Zoning Docket ZC-13-050 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 19 of 37 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 August 25, 2013. Mayor Price opened the public hearing. 3. ZC-13-084 - (CD 3) - Caroline Schrader, 5101 Helmick Avenue, from: "A-5" One-Family to: "PD/I" Planned Development for "I" Light Industrial for outside storage and Parking only-, site plan waiver requested. (Recommended for Denial by the Zoning Commission) The following individuals appeared before Council in opposition of Zoning Docket ZC-13-084: Mr.Tommie Henton, 5017 Wilmington Drive Mr. George Barnes, 5300 Helmick Avenue Mr. Dave Horger, 1605 Lieschen Court, Arlington Ms. Dorothy DeBose, 5713 Humbert Avenue, completed a comment card in opposition of Zoning Docket ZC-13-084. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-084 be denied. The motion carried unanimously 9 ayes to 0 nays. 4. ZC-13-089 - (CD 71 - La Frontera Capital Properties, 9340 Boat Club Road, from: "A-7.5" and "A-1011 One-Family to: "A-7.5" One-Family (Recommended for Approval by the Zonint!Commission) (Continued from a Previous Meeting} The following individuals appeared before Council in support of Zoning Docket ZC-1 3-089: Mr. Timothy Welsh, 1308 Norwood Drive, Suite 200, Bedford Mr. Al Burton, 1000 Texan Trail, Suite 200, Grapevine, completed a speaker card in support of Zoning Docket ZC-13-089 and was recognized by Mayor Price but was not present in the Council Chamber. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 20 of 37 The following individuals appeared before Council in opposition of Zoning Docket ZC-13-089: Mr. Michael Peck,9608 Lea Shore Street Ms. Ellen Crowl,9608 Lea Shore Street Mr. Peck stated that the address listed in Zoning Docket ZC-13-089 was incorrect and that the address should have been listed as 9600 Boat Club Road. Ms. Jocelyn Murphy, Planning Manager, Planning and Development Department, appeared before Council and stated that, according to the Tarr-ant Appraisal District (TAD), the address was listed as 9340 Boat Club Road, and by state law, the City had to list the address that TAD recorded for the property address. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Zoning Docket ZC-13-089 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Scarth absent. 5. ZC-13-091 - (CD 8) - Raymundo Garcia, 1900 Evans Avenue; from: "E" Neighborhood Commercial to: 11PD/E1' Planned Development for all uses in "E" Neighborhood Commercial including auto repair and excluding ambulance dispatch station, massage therapy and spa, stealth telecommunication tower, indoor amusement, used apparel sales, feed store, firewood sales, liquor or package store, or veterinary clinic with indoor runs, site plan included. (Recommended for Denial by the Zoning Commission) Mr. Christopher R. Bonilla, 8540 Charleston Avenue, appeared before Council in support of Zoning Docket ZC-13-091 and submitted a PowerPoint presentation. Mr. Monnie Gilliam, 1100 Vicki Lane, appeared before Council in opposition of Zoning Docket ZC-13-091. Mr. Johnny Lewis, 953 Terrell, completed a comment card in opposition of Zoning Docket ZC- 13-091, Motion: Council Member Allen Gray made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-13-091 be denied. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 21 of 37 6. ZC-13-108 - (CD 3) - Fort Worth Railroad Salvage, Inc., 11701 Camp Bowie West, from: "Ell Neighborhood Commercial to: "PD/Ell Planned Development for all uses in "E" Neighborhood Commercial plus furniture storage in a building over 60,000 sq. ft.; site plan included. (Recommended for Approval by the Zoning Commission) Mr. Mitch Hanzick, 3904 West 6th Street, appeared before Council in support of Zoning Docket ZC-13-108. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-108 be approved. The motion carried unanimously 9 ayes to 0 nays. 7. ZC-13-109 - (CD 5) - Trinity Lakes/Newell Companies, 7900 & 8501 Trinity Boulevard and 8301-8433 Snow Egret Way from: "A-5" One-Family to: "TL-N" Trinity Lakes Neighborhood District (Recommended for Approval by the Zoning Commision) Mr. H. Dennis Hopkins, P.O. Box 637, Arlington, appeared before Council in support of Zoning Docket ZC-13-109. Motion: Council Member Bivens made a motion, seconded by Council Member Jordan, that Zoning Docket ZC-13-109 be approved. The motion carried unanimously 9 ayes to 0 nays. 8. ZC-13-110 - (CD 7) - James Finley, 7701 NW Loop 820 and 6838 Cahoba Drive, from: "E" Neighborhood Commercial and "F11 General Commercial to: "AG" Agricultural (Recommended for Approval by the Zoning Commission) The following individuals appeared before Council in support of Zoning Docket ZC-13-1 10: Ms. Rachel Wiggins, 1510 Chennault Avenue Mr. Brad Mahon,505 Pecan Street, Suite 101 Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket ZC-13-110 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Allen Gray absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 22 of 37 9. ZC-13-111 - (CD 4) - AIL Investment LP and Hillwood Multifamily LP, 9900 Block Old Denton Road, from: "PD-961" "PD[D" Planned Development for all uses in I'D" High Density Multifamily, a minimum of 35% open space, average of 24 units per acre., maximum height 45 , slab to top plate, 601 building setback from Old Denton and North Riverside, no fence required if adiacent to single- family district, on-street parking to count towards minimum parking requirement, and with Development Standards, site plan waived to: "G" Intensive Commercial (Recommended for Approval by the Zoninj!Commission) Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Zoning Docket ZC-13-111 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Allen Gray absent. 10. ZC-13-112 - (CD 2) - North Side Stockyard Property, 107 NW 28th Street; from: ""MU-2"" High Intensity Mixed Use to: "PD/MU-211 Planned Development for all uses in "MU-2" High Intensity Mixed Use plus car wash and auto lobe; site plan included. (Recommended for Denial without Preiudice by the Zoning Commission) Mr. Christopher R. Bonilla, 8540 Charleston Avenue, completed a speaker card in support of Zoning Docket ZC-13-112 and was recognized by Mayor Price, but declined to appear before Council. Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that Zoning Docket ZC-13-112 be continued to the September 24, 2013, Council meeting. The motion carried unanimously 8 ayes to 0 nays with Council Member Allen Gray absent. 11. ZC-13-114 - (CD 7) - City of Fort Worth/Riverbend Trinity Trails Neighborhood, Generally bounded by White Settlement, Roberts Cut-Off, Deavers & Trinity River-, from: "B" Two-Family, "Ell Neighborhood Commercial, and "I" Light Industrial to: "A-5" One-Family and "FR" General Commercial Restricted {Recommended for Approval by the Zoning Commission) Ms. Margaret Johnson, 121 McGee Drive, appeared before Council in support of Zoning Docket ZC-13-114 and presented handouts for the Council. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Zoning Docket ZC-13-114 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Allen Gray absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 23 of 37 12. ZC-13-115 - (CD 7) - City of Fort Worth Planning & Development Department Generally bounded by Eagle Parkway, 1-35W (North Freeway), Westport Parkway, and City of Haslet; from: "K11 Heavy Industrial and "PD-328" Planned Development for all uses in "K" Heavy Industrial plus aircraft refueling station to: "PD/K" Planned Development for K uses plus airport, aviation field, aircraft operating area, heliport, and landing area; and to exclude -'unkyards, recycling facilities, sexually oriented businesses, and tattoo parlors-, site plan waiver recommended. (Recommended for Approval by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket ZC-13-115 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Allen Gray absent. 13. ZC-13-117 - (CD 2) - Thomas Blanton, 4000-4100 Blocks of Angle Avenue; from: "PD-917" "PD/K" Planned Development for "K" Heavy Industrial plus rolling mills, rock, cement crushers and stone quarries, wholesale storage of petroleum products, oil drilling and production; manufacture of heavy rubber products. A site development plan shall be provided for administrative review by the Planning & Development Department for the following uses per Section 4.305(D) of the Comprehensive Zonint! Ordinance: recycling center, waste tire facility, facilities handling, Processing, and loading of municipal solid waste and recyclable materials for transportation at transfer stations, storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics rags, funk, concrete, asphalt and other materials and materials recovery facilities and recycling centers-, composting for yard and wood wastes, municipal solid waste, and/or sludge at composting facilities, and processing and storage of scrap tires at waste tire facilities. Site plan waiver recommended for all other uses. The following uses are prohibited: gambling facilities, circus, adult entertainment, sexually oriented businesses, night clubs, massage parlors, hazardous waste disposal including household hazardous waste, halfway house, horse, do2, or automotive racing, shooting or weapons firing range, disposal, dumpin or reducing of offal or dead animals, packing plant, poultry killing or dressing, cotton gin, cotton oil mill, bailing or compress, paper or pulp manufacture, municipal waste landfill to: "D" High Density Multifamily (Recommended for Approval by the Zoning Commission) Mr. Joe Paniagua, 8125 Mount Shasta Circle, appeared before Council in support of Zoning Docket ZC-13-117. Motion: Council Member Espino made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-13-117 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 24 of 37 14. ZC-13-120 - (CD-ALL) - City of Fort Worth Planninj! & Development Department, Text Amendment: Model Homes-, An Ordinance amending the Zoning Ordinance of the City of Fort Worth, beint! Ordinance No. 13896, as amended, codified as Appendix "All of the Code of Fort Worth (1986), to amend: Section 5.403 "Model Home" to provide for when and where a model home may be built; provide for an increase in the amount of time a model home may be used as such (Recommended for Approval by the Zoninp.Commission) Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-120 be approved and Ordinance No. 20899-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 15. ZC-13-121 - (CD-ALL) - City of Fort Worth Planning & Development Department,Text Amendment: Retail Sales for Cottage Industries, An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "All of the Code of Fort Worth (1986), to amend: Section 5.116a "Home Occupation" to provide that a Cottage Food Production Operation may sell directly to the consumer (Recommended for Approval by the Zoning Commission) Motion: Council Member Espino made a motion, seconded by Council Member Bums, that Zoning Docket ZC-13-121 be approved and Ordinance No. 20900-09-2013 be adopted.The motion carried unanimously 9 ayes to 0 nays. 16. ZC-13-124 - (CD-ALL) - City of Fort Worth Planning & Development Department, Text Amendment: Sexually Oriented Business Classification and Related Definitions; 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 Fort Worth (1986), to amend: Section 5.201 "Classifications" to add to the classification of a Sexually Oriented Business, and Chapter 9 to revise the definitions related to entertainment, entertainment personnel and nudity (Recommended for Approval by the Zoning Commission) Ms. Valarie Guerrero, 513 Panay Way Drive, completed a comment card in support of Zoning Docket ZC-13-124. Motion: Council Member Burns made a motion, seconded by Council Member Scarth, that Zoning Docket ZC-13-124 be approved and Ordinance No. 20901-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 25 of 37 There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Bums made a motion, seconded by Council Member Scarth, that the hearing be closed and that Ordinance No. 20902-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. XV. REPORT OF THE CITY MANAGER A. Benefit Hearin City Secretary Kayser read the following: Conduct Public Benefit Hearings for Mayor and Council Communication Nos. BH-300 through BH-307; adopt ordinances levying special assessments and appropriating fiinds for the 2013 tax year; and authorize execution of management agreements for the following PIDS: •Public Improvement District No. 1, Downtown; •Public Improvement District No. 6, Park Glen; •Public Improvement District No. 7,Heritage; • Public Improvement District No. 8,Camp Bowie; • Public Improvement District No. 11, Stockyards; •Public Improvement District No. 12, Chapel Hill; • Public Improvement District No. 14,Trinity Bluff; and •Public Improvement District No. 15, Sun Valley Mayor Price opened the public hearing. 1. M&C BH-300 - Conduct a Public Benefit Hearing for Public Improvement District 1, Downtown PID. Concerning the Proposed 2013-2014 Budeet in the Amount of $2,415,150.00 and Five-Year Service Plan and Proposed Assessment Roll., Adopt Ordinance Lmin2 Special Assessments for the 2013 Tax Year in the Amount of$1,632,610.00, Authorize Transfer in the Amount of$138,498.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Authorize Transfer in the Amount of $191,858.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Assessment, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$1,962,966.00 and Special Trust Fund in the Amount of $39,259.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District(COUNCIL DISTRICT 9) (PUBLIC HEARING) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 26 of 37 2. M&C BH-301 - Conduct a Public Benefit Hearing for Public Improvement District 6., Park Glen PID, Concerning the Proposed 2013-2014 Budget in the Amount of $1,720,609.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levyint! Special Assessments for the 2013 Tax Year in the Amount of$1,146,566.00, Authorize Transfer in the Amount of$174.,043.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$1,146,566.00 and Special Trust Fund in the Amount of $22,931.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with FirstService Residential to Manage the District(COUNCIL DISTRICT 4)(PUBLIC HEARING) 3. M&C BH-302 - Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Concerning the Proposed 2013-2014 Budget in the Amount of $1,941,500.00 and Five-Year Service Plan and Proposed Assessment Roll, Authorize Transfer in the Amount of$173,362.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Service Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of$1,380,911.00,Adopt Appropriation Ordinances to Increase Estimated ,Receipts in the Special Assessment District Fund in the Amount of$1,554,273.00 and Special Trust Fund in the Amount of $27,618.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with FirstService Residential to Manage the District(COUNCIL DISTRICTS 4 and 7) (PUBLIC HEARING) 4. M&C BH-303 - Conduct a Public Benefit Hearins! for Public Improvement District 8, Camp Bowie Corridor PID, Concerning the Proposed 2013-2014 Budget in the Amount of $524,271.00 and Five-Year Service Plan and Proposed Assessment Roll, Authorize Transfer in the Amount of $39,761.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services,Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of$403,510.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of $443,271.00 and Special Trust Fund in the Amount of$8,070.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with Camp Bowie District Inc., to Manage the District (COUNCIL DISTRICTS 3 and 7) (PUBLIC HEARING) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 27 of 37 5. M&C BH-304 - Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards PID. Concerning the Proposed 2013-2014 Budget in the Amount of$89,671.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Ley-vine Special Assessments for the 2013 Tax Year in the Amount of $67,471.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$67,471.00 and Special Trust Fund in the Amount of $2,000.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to Manage the District (COUNCIL DISTRICT 2) (PUBLIC HEARING) 6. M&C BH-305 - Conduct a Public Benefit Hearing for Public Improvement District 12, Chapel Hill PID. Concerning the Proposed 2013-2014 Budget in the Amount of$56,283.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of $53,283.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$53,283.00 and Special Trust Fund in the Amount of $2,000.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with RTI/Communities Management Associates, Inc. dlb/a CMA, to Manage the District (COUNCIL DISTRICT 7) (PUBLIC HEARING) 7. M&C BH-306 - Conduct a Public Benefit Hearing for Public Improvement District 14, Trinity Bluff PID, Concerniny, the Proposed 2013-2014 Budget in the Amount of$40,970.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of $30,000.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$30,000.00 and Special Trust Fund in the Amount of $2,000.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) (PUBLIC HEARING) 8. M&C BH-307 - Conduct a Public Benefit Hearin for Public Improvement District 15, Sun Valley PID. Concerning the Proposed 2013-2014 Budget in the Amount of$78,185.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of $69,415.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$69"415.00 and Special Trust Fund in the Amount of $2,000.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with ORASI Development, LLC, to Manage the District (COUNCIL DISTRICT 5) (PUBLIC HEARING) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 28 of 37 a. Report of City Staff Ms. Ossana Hermosillo, Business Development Manager, Housing and Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Daniel Bemdt, 4717 Great Divide Drive, appeared before Council in support of Mayor and Council Communication BH-301 and presented handouts to the Council. Mr. Mark Pacheco, 1240 Keller Parkway, Keller, completed a speaker card in support of Mayor and Council Communication BH-301 but did not speak. Mr. Kyle Clawson, 9536 Courtright Drive, appeared before Council in support of Mayor and Council Communication BH-302. Ms. Angelia Cotton, 3512 Burts Drive, appeared before Council in opposition of Mayor and Council Communication BH-302. Ms. Kristin Jaworski, 131 A East Exchange Avenue, appeared before Council in support of Mayor and Council Communication BH-304. C. Council Action Motion: Council Member Bums made a motion, seconded by Council Member Bivens, that the Fort Worth City Council close the public hearing for Mayor and Council Communications BH-300 through BH-307; approve the Fiscal Year 2014 budget and five-year service plans; adopt the following ordinances levying special assessments for the 2013 tax year including the amended ordinance for Mayor and Council BH-306 and transferring and appropriating funds for Fiscal Year 2013- 2014; and authorize execution of the management agreements for the PIDS for Fiscal Year 2013-2014: Mayor and Council Assessment Appropriation Appropriation Communication No. Ordinance No. Ordinance No. Ordinance No. BH-300 20903-09-2013 20904-09-2013 20905-09-2013 BH-301 20906-09-2013 20907-09-2013 20908-09-2013 BH-302 20909-09-2013 20910-09-2013 20911-09-2013 BH-303 20912-09-2013 20913-09-2013 20914-09-2013 BH-304 20915-09-2013 20916-09-2013 20917-09-2013 BH-305 20918-09-2013 20919-09-2013 20920-09-2013 BH-306 20921-09-2013 20922-09-2013 20923-09-2013 BH-307 20924-09-2013 20925-09-2013 20926-09-2013 The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 29 of 37 B. General 1. M&C G-17965 - Adopt Ordinance Amending Chapter 15 "Gas Drillinp,", Article 11 "Gas Drilling and Production" of the Code, Section 15 City -34 to Clarify the Technical Rep_uiations Related to Line Compressor Noise and Section 15-42 to Allow Gas Line Compressors in Planned Development and Industrial Zoning Districts and to Establish Setback and Waiver Requirements (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) It was the consensus of the City Council that Mayor and Council Communication G-17965 be withdrawn from consideration and replaced with Mayor and Council Communication G-17965 (Revised). 2. M&C G-17965 - (Revised) Adopt Ordinance Amendin$! Chapter 15 "Gas Drilling", Article 11 "Gas Drillin2 and Production" of the City Code, Section 15- 31 to Add Certain Definitions, Section 15-34 to Clarity the Technical Re2ulations Related to Line Compressor Noise and Section 1542 to Allow Gas Line Compressors in Planned Development and Industrial Zoninj! Districts and to Establish Setback. Waiver and Grandfatherinf! Requirements (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance amending the Code of Ordinances of the City of Fort Worth, as amended,by further amending Chapter 15 "Gas Drilling", Article 11 "Gas Drilling and Production", by amending Section 15-31, adding definitions for the terms line compressor operator and line compressor site; amending Section 15-34, Subsection P.1 to require all applications for a gas line compressor requiring rezoning to a VD" Planned Development to be reviewed by the Gas Drilling Review Committee(GDRC); amending Subsections P3 and P7, to provide notice requirements and review by the GDRC for line compressors; amending Section 15-42, Subsection 132.e. regarding gas well noise levels; amending Section 15-42, Subsection D.Lb, regarding ambient noise of gas compressors; amending Section 15-42, Subsection D.3,by implementing line compressor site permit application requirements and removing "AG" Agricultural as allowable zoning for the permitting of line compressors and requiring Planned Development or Industrial zoning, setback and other technical requirements for line compressors; and amending Section 15-42,by adding Subsection 4 describing the setback waiver process and Subsection 5 providing for a grandfathering process for existing line compressor sites. Mayor Price asked Ms. Dana Burghdoff, Deputy Planning Director, Planning and Development Department, to briefly review the proposals that were presented during the Pre-Council meeting. Council Member Bums requested that Council Member Bivens state the motion she planned to make to clarify for the audience the action the Council was to consider. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 30 of 37 Council Member Bivens made a motion that Mayor and Council Communication G-17965 (Revised) be approved with the following recommendations: 1) remove language referencing a 300-foot setback from protected uses for enclosed compressors in "PD" Planned Development zoning districts; and 2) remove the reference to the Fire Marshal in Section 7, Paragraph E IV, on page 7 of the ordinance. The following individuals appeared before Council in opposition of Mayor and Council Communication G-17965 (Revised): Ms. Jackie Bamd, 7249 Specklebelly Lane Mr. Robert Horton,9104 Autumn Falls Drive(submitted a PowerPoint presentation) Ms. Regina Blair, P.O. Box 50695 Mr. Jimmie Hammontree, 301 Commerce Street Mr. Mike Dean, 124 Cooks Lane Ms. Gretchen Demke, 8609 Olmstead Terrace, North Richland Hills (submitted a PowerPoint presention) Ms. Martha Boykin, 7261 Specklebelly Lane Ms. Mary Kelleher, 7901 Rando Mill Road Ms. Libby Willis,2300 Primrose Avenue Ms. Bob Manthei, 810 Houston Street Ms. Melissa McDougall,2971 Seguin Trail(submitted a PowerPoint Presentation) Ms. Beverly Brankam, 6487 Woodstock Road(presented handouts) Ms. Sally Neasbitt, 617 Cooks Lane, completed a speaker card in opposition of Mayor and Council Communication G-17965 (Revised) and was recognized by Mayor Price but was not present in the Council Chamber. Mr. Gary Hogan, 2117 Rolling Creek Run, appeared before Council undecided regarding Mayor and Council Communication G-17965 (Revised). The following individuals completed comment cards in opposition of Mayor and Council Communication G-17965 (Revised): Mr.Tom Burke,6521 Stone Creek Trail Ms. Trish George, 7220 Wild Wing Drive Mr. Richard George, 7220 Wild Wing Drive Mr. Joseph Mercado, 7273 Decoy Lane Ms. Dolores L. Mercado, 7372 Decoy Lane Ms. Melinda Savage, 9125 Rushing River Drive Mr. Scott McDuffie, 9012 Creede Trail Ms. Tammie McDuffie,9012 Creede Trail Ms. Miki Von Luckner, 9136 Tyne Trail Ms. Amanda Carver, 9111 San Joaquin CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 31 of 37 Mr. Tim Carver,9111 San Joaquin Ms. Dawn Snyder, 8613 San Joaquin Trail Mr. Scott Doyle,9059 Saranac Trail Mr. Jon Pavliska, 2517 Rivers Edge Drive Ms. Jeanna Tucker, 9108 Autumn Falls Mr. Ryan Tucker,9108 Autumn Falls Mr. Johnnie Thomas, 8733 Saranac Trail Mr.Jacke Holder,9087 Riverfalls Drive Mr. Walter Moss, 8713 Brushy Creek Trail Ms. Teresa Moss,8713 Brushy Creek Trail Mr.James Driskekk, 9008 Riverfalls Drve Ms.Teri Kramer,4913 Pershing Avenue Ms. Tammy Hardge, 2954 Danube Court Ms. Meredith Jeppson, 8812 Tyne Trail Mr. Skip Steed,2736 Salado Trail Ms. Debbie Steed, 2736 Salado Trail Mr. Jason Bronson, 8650 San Joaquin Trail Mr. James Roland, 8832 San Joaquin Trail Mr. Doug Gillies, 8733 Creede Trail Ms. Jessica Smith, 8701 Creede Trail Ms. Barbara Ross,441 Shadow Grass Avenue Mr.John Davis, 3216 Rogers Avenue Ms. Jeanne Moeller, 241 Shadow Grass Avenue Mr. Glenn Neasbirt, 617 Cooks Lane Mr.Jerry Lobdill,6336 Darwood Avenue Ms. Linda Hanratty, 4236 Oak Park Court Ms. Jennifer McMann, 136 Goldeneye Lane Mr. JeromeMosman, 7616 Ripple Creek Court Mr. David Fulson, 8 101 John T. White Road Ms. Angelia Stewart,208 Williams Road Ms. Carole Shaffer, 8717 Saranac Trail Mr. Jeremy Shaffer, 8717 Saranac Trail Mr. David Walker,2301 Lake Falls Drive Mr. Jim Roland,8832 San Joaquin Trail Ms.Gabriela Garrido,9053 Stillwater Trail Ms.Jeri Abernathy, 8724 Sabinas Trail Mr. Charlie Murphy, 2005 Thomas Place Ms. Susan Kennemer,451 Cooks Lane Ms.Jennifer Miller-Phillips,8601 San Joaquin Trail Ms. Anna Hoeft,2953 Salado Trail Ms. Joycelyn Powell, 9061 Tyne Trail Ms. Cometta Walker, 7237 Wild Wing Drive Ms.Alisha Mejia,9005 Riverfalls Drive CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 32 of 37 Ms. Judy Raab, 801 Cherry Street, Suite 3700 Mr. Rigoberto Mejia, 9005 Riverfalls Drive Mr. Stephen Epstein, 1617 Steinburg Lane Ms. Carol Smith, 8920 Hunters Glen Trail Ms. Jen Abernathy, 8724 Sabinas Trail, completed an undecided comment card regarding Mayor and Council Communication G-17965 (Revised). At this time, Mayor Price stated that there was a motion on the floor and called for the second. Motion: Council Member Bivens made a substitute motion, seconded by Council Member Jordan, that Mayor and Council Communication G-17965 (Revised) be approved with the following recommendations: 1) remove language referencing a 300-foot setback from protected uses for enclosed compressors in "PD" Planned Development zoning districts; and 2) remove the reference to the Fire Marshal in Section 7,Paragraph E IV,on page 7 of the ordinance. Ms. Burghdoff appeared before Council and requested that the motion be amended to include a third amendment to read as follows: 3) Add language to the title under Section 8, Paragraph 4. D. on page 12, so that it reads: Permitting procedure for a waiver from Protected Use property owners under Section 15-42, Paragraph D. 4. B. 2. Motion: Council Member Bivens made a substitute motion, seconded by Council Member Jordan, that Mayor and Council Communication G-17965 (Revised) be approved with the following recommendations: 1) remove language referencing a 300-foot setback from protected uses for enclosed compressors in "PD" Planned Development zoning districts; and 2) remove the reference to the Fire Marshal in Section 7, Paragraph E IV, on page 7 of the ordinance; and 3) add language to the title under Section 8, Paragraph 4. D. on page 12, so that it reads: Permitting procedure for a waiver from Protected Use property owners under Section 15-42, Paragraph D. 4. B. 2, and Ordinance No. 20927-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 33 of 37 3. M&C G-17991 - Adopt Appropriation Ordinances in an Amount Not to Exceed $100,000,000.00 Each in Support of the City's Water and Sewer S--stem Direct- Purchase Note Program (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $100,000,000.00, from available funds, for the purpose of interim financing for the construction of eligible projects for the City's Water and Sewer System; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $100,000,000.00, from available cash for interim payments on eligible construction projects for the City's water and Sewer System. Motion: Council Member Shingleton made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication G-17991 be approved and Appropriation Ordinance Nos. 20928-09-2013 and 20929-09-2013 be adopted. The motion carried unanimously 8 ayes to 0 nays with Council Member Bivens absent. 4. M&C G-17992 - Amend Mayor and Council Communication G-17980 to Revise Parameters of the Sale of City of Fort Worth Combination Tax and Revenue Certificates of Obligation for the Acquisition of the James Avenue Maintenance Facility and Adopt Ordinance Amending Ordinance No. 20876-08-2013 with Revised Parameters (ALL COUNCIL DISTRICTS) It was recommended that the City Council amend Mayor and Council Communication G-17980 to revise the parameters of the sale of Combination Tax and Revenue Certificates of Obligation in reference to the acquisition of the James Avenue Maintenance Facility; and adopt an ordinance amending Ordinance No, 20876-08-2013 providing for the issuance of City of Fort Worth,Texas, Combination Tax and Revenue Certificates of Obligation. Motion: Council Member Bums made a motion, seconded by Council Member Espino, that Mayor and Council Communication G-17992 be approved and Ordinance No. 20930-09-2013 be adopted. The motion carried unanimously 8 ayes to 0 nays with Council Member Bivens absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 34 of 37 5. M&C G-17993 - Authorize Agreement with American Heritage Life Insurance Company, a Subsidiary of Allstate Insurance Company, to Provide Employees with Access to Voluntary Insurance for Critical Care, Accidental and Cancer Coverage with Employees Paying All Premiums and No Financial Impact to the City(ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize an agreement with American Heritage Insurance Company, a subsidiary of Allstate Insurance Company, to provide employees with access to voluntary insurance for critical care, accidental and cancer insurance with no financial impact to the City. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication G-17993 be approved. The motion carried unanimously 8 ayes to 0 nays with Council Member Bivens absent. 7. M&C G-17995 - Conduct a Public Hearing and Approve Amended Fiscal Year 2014 Crime Control and Prevention District Budget in the Amount of $62,320,362.00 (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing regarding the amended Fiscal Year 2014 Crime Control and Prevention District Budget in the amount of $62,320,362.00; and approve the amended Fiscal Year 2014 Crime Control and Prevention District Budget. a. Report of City Staff Ms. Shallah Graham, Assistant Director, Police Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that the public hearing be closed and Mayor and Council Communication G-17995 be approved.The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 35 of 37 D. Land 1, M&C L-15612 - Authorize Sale of 6.563 Acres of Land and Grant Three Easements Encompassing a Total of 0.741 Acres to the City of Burleson on Spinks Airport for Appraised Value in the Amount of $126,980.00 as Authorized by Local Government Code 272.001(b)(5)(COUNCIL DISTRICT 6) It was recommended that the City Council approve the sale of 6.563 acres of land to the City of Burleson for $123,130.00; approve one permanent easement and two temporary easements encompassing a total 0.741 acres in favor of the City of Burleson on City-owned property for consideration of $3,850.00; and authorize the City Manager or his designees to execute and record documents giving effect to these recommendations. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication L-15612 be pproved. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1 M&C C-26364 - Authorize Execution of a Five-Year Tax Abatement Agreement with Modern Ground LLC, for Construction of a Single-Family Dwelling at 2812 Townsend Drive in the Berry/University Ncighborhood Empowerment Zone (COUNCIL DISTRICT 9) (Continued from a Previous Meeting) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Modern Ground, LLC, for construction of a single-family dwelling at 2812 Townsend Drive in the Berry/University Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication C-26364 be continued to the September 17, 2013,Council meeting. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 36 of 37 2. IM&C C-26429 - Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $1,554,411.70 for Hot Mix Asphaltic Concrete Surface Overlay 2013-13 at Multiple Locations in the City of Fort Worth, Provide for Project Cost and Continizencies for a Project Total in the Amount of$1,641,911.70 and Adopt Appropriation Ordinances(COUNCIL DISTRICTS 8 and 9) It was recommended that the City Council authorize a transfer in the amount of $777,205.85 from the Water and Sewer Fund in the amounts of $388,602.93 to the Water Capital Projects Fund and $388,602.92 to the Sewer Capital Projects Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund, in the amount of$388,602.93, from available funds, for the purpose of funding a contract with JLB Contracting, LLC, for Hot Mix Asphaltic Concrete Surface Overlay 2013-13 at multiple locations; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund, in the amount of$338,602.92, from available funds, for the same purpose as reflected above; and authorize the execution of a contract with JLB Contracting, LLC, in the amount of$1,554,411.70. Motion: Council Member Allen Gray made a motion, seconded by Council Member Bums, that Mayor and Council Communication C-26429 be approved and Appropriation Ordinance Nos. 20931-09-2013 and 20932-09-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. XVI. BUDGET HEARING 1. 'Hearine on Proposed Fiscal Year 2013-2014 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance Mayor Price opened the public hearing. a. Report of City Staff Mr. Jay Chapa, Interim Director, Financial Management Services, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals appeared before Council in support of the budget: Mr. Bill Thornton, 777 Taylor Street Mr. David Dodson,2604 Museum Way Mr. R. L. Dellis, 1613 Carl Street Mr. Michael Glenn, 9741 Barksdale Drive, completed a speaker card in support of the budget and was recognized by Mayor Price but was not present in the Council Chamber. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2013 Page 37 of 37 Ms. Regina Blair P.O. Box 50695, appeared before Council in opposition of the budget and submitted a PowerPoint Presentation. Ms. Dorothy DeBose, 5713 Humbert Avenue, completed a comment card in opposition of the budget. XVII. CITIZEN PRESENTATIONS Mr. Mumuneeb Awam, Mr. Kelly Hollingsworth, Mr. Mohamed Osman, Mr. Fatin Amin, and Mr. Izzedin Mohamed, all of 1225 East Corporate Drive, Suite H, respectively, completed Citizen Presentation cards relative to United Cab's operating authority denial and were recognized by Mayor Price but were not present in the Council Chamber. City Manager Higgins stated that he had spoken with the individuals from United Cab and explained that a public hearing relative to their operating authority denial would be scheduled at a later date. Mr, Eric Williams, 7315 Wilcox Drive, Dallas, completed a Citizen Presentation card relative to dry bone traces of the trade and was recognized by Mayor Price but was not present in the Council Chamber. Mr. Henry Marlin, Jr., 2516 Ridgmar Boulevard, Apt. No. 17, completed a Citizen Presentation card relative to property that was stolen from them that they had to pay the Police Department to get back and was recognized by Mayor Price but was not present in the Council Chamber. Mr. R.L. Dellis, 1613 Carl Street, appeared before Council relative to maps of City-owned vacant property. Ms. Nedia Dryden, 7650 Meadowbrook Drive, appeared before Council relative to water issues. XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER)-SEE ATTACHMENT B XIX. ADJOURNMENT There being no further business,Mayor Price adjourned the Regular Meeting at 10:42 p.m. These minutes approved by the Fort Worth City Council on the 17`h day of September, 2013. Attest: A ved: 1 Mary J. K r jBsyPri City Sec�ree;/ a