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HomeMy WebLinkAbout2013/12/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 201.3 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 for a Day, Veda Stallings, Girl Scout Troop #3010 Tanglewood, called the regular session of the Fort Worth City Council to order at 7:04 p.m. on Tuesday, December 10, 2013, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, II. INVOCATION - Pastor Harold Bullock, Hope Community Church The invocation was provided by Pastor Harold Bullock, Hope Community Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF DECEMBER 3, 2013 Motion: Council Member Bivens made a motion, seconded by Mayor Pro tem Zimmerman that the minutes of the Regular meeting of December 3, 2013, be approved. The motion carried unanimously 9 ayes to 0 nays. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 2 of 20 V1. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communications G-18079 and C- 26596 be withdrawn from the Council agenda. VII. 'CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Bums, that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. A. General- Consent Items 1. IM&C G-18072 - Adopt Ordinances Correcting Ordinance No. 19516 to Reflect the Complete List of Additional Permitted Uses in the Previously Approved Zoning Case, Zoning Case No. ZC-10-189 Known as the City of Fort Worth Public Events Will Ropers Area, and Correcting Ordinance No. 19262, in Order to Reflect the Correct "F" General Commercial Zoning District in the Previously Approved Zoning Case No. ZC-10-116, 102 NW 28th Street and 102 NW 29th Street Known as the City of Fort Worth Far Greater Northside Neighborhood, Phase 4 (COUNCIL DISTRICTS 2 and 7) The City Council approved the following recommendation: Adopt Ordinance No. 21049-12- 201.3 amending Ordinance No. 19516 for Zoning Case ZC-10-189 to reflect the complete list of additional uses permitted in "PD-896" known as the City of Fort Worth, Public Events Will Rogers Area and the correct "F" General Commercial zoning district for 102 Northwest 28th Street and 102 Northwest 29th Street, known as the City of Fort Worth Far Greater Northside Neighborhood, Phase 4; and adopt Ordinance No. 21050-12-2013 amending Ordinance No. 1,9262 to reflect the correct zoning district information for Zoning Case ZC-10-1 16. 2. M&C G-18073 - Adopt Resolution Readopting the Relocation Incentives Policy for Businesses Displaced by Major Public Infrastructure Projects in the City (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4266-12-2013 readopting the Relocation Incentives Policy for businesses displaced by major public infrastructure projects in the City. CITY OF FORT' WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 3 of 20 3. M&C G-18074 - Approve Findings of the Ground Transportation Coordinator Re2ardiny, Renewal Application of Cowtown Cycle Party, LLC, to Operate One Group Cycle 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: Cowtown Cycle Party, 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; Cowtown Cycle Party, 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 one group cycle by Cowtown Cycle Party, LLC; and adopt Ordinance No. 21051-12-2013 granting the privilege of operating authority to Cowtown Cycle Party, LLC, for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its group cycle business, which shall consist of the operation of one group cycle for a one-year period beginning on the effective date; providing for written acceptance by Cowtown Cycle Party, LLC, and conditioned on Cowtown Cycle Party, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 4. M&C G-18075 - Approve Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $15,632.04 for Police Officer Billy Vyers for the Period of December 10, 2013 Through February 28, 2014 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a 12-week Extension of Injury Leave-of-Absence pay benefits in the amount of$15,632.04 for Police Officer Billy Vyers for the period of December 10, 2013, through February 28, 2014. 5. M&C G-18076 - Approve Extension of Injury Leave-of-Absence Pay Benefits in the Amount of $8,640,00 for Police Officer Larry Gulley for the Period of December 10, 2013 Through January 31, 2014 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve an eight-week Extension of Injury Leave-of-Absence pay benefits in the amount of $8,640.00 for Police Officer Larry Gulley for the period of December 10, 2013, through January 31, 2014. 6. M&C G-18077 - Approve Extension of Injury Leave-of-Absence Pay Benefits in the Amount of$50,590.00 for Police Officer Tim Dean for the Period of December 10, 2013 Through June 26, 2014 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve a six-month Extension of Injury Leave-of-Absence pay benefits in the amount of$50,590.00 for Police Officer Tim Dean for the period of December 10, 2013, through June 26, 2014. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 4 of 20 C. Land - Consent Items 1. M&C L-15643 - Authorize Execution of a Two Year Lease Agreement with Oakwind, Ltd., for Office Space Located at 6833 Green Oaks Road for the Police Department in the Amount of $9,000.00 Annually, with an Option to Renew for Two Additional One-Year Periods (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of two-year Lease Agreement with Oakwind, Ltd., for office space of approximately 1,000 square feet located at 6833 Green Oaks Road for the Police Department in the amount of $9,000.00 annually, with an option to renew for two additional one-year periods. 2. IM&C L-15644 - Authorize Acceptance of Three Dedication Deeds from AIL Investment, LP, and Eagle Income Properties, LP, for a Total of 5.421 Acres of Land in the William Bush Survey, Abstract No. 205 and T.J. Bates Survey, Abstract No. 206 for the Alliance Center North Phase 1 and 2 Water and Sewer Improvement Projects, at No Cost to the City of Fort Worth (COUNCIL DISTRICT 7) The City Council. approved the following recommendation: Authorize the acceptance of three dedication deeds from AIL Investment, LP, and Eagle Income Properties, LP, for a total of 5.421 acres of land located in the William Bush Survey, Abstract No. 205 and T.J. Bates Survey, Abstract No. 206, Denton County, Texas, for the Alliance Center North Phase I and 2 Water and Sewer Improvement Projects to construct the extension of Eagle Parkway and to build North Beach Street for the Alliance Center, at no cost to the City of Fort Worth; and authorize the City Manager or his designee to accept and record the appropriate instruments to complete the conveyances. E. Award of Contract- Consent Items 1 M&C C-26580 - Authorize Business Video and Music Service Agreement with Marcus Cable Associates, L.L.C. d/b/a Charter Communications, for Cable Service Approximately in the Annual Amount of $91,296.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a three-year Service Agreement with Marcus Cable Associates, L.L.C. d/b/a Charter Communications, a sole source provider, to provide expanded basic cable television services to City Hall and selected outlying municipal, buildings. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 5 of 20 2. M&C C-26581 - Authorize Execution of a Communications System Agreement with the City of North Richland Hills for Participation in the City of Fart Worth's Two-Way Public Safety Radio System, at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Communications System Agreement with the City of North Richland Hills for participation in the City of Fort Worth's Two-Way Public Safety Radio System. The City of North Richland Hills will reimburse its share of operations and maintenance to ensure no cost to the City of Fort Worth with annual reimbursement estimated to be approximately the amount of$73,000.00. In addition, the City of North Richland Hills will reimburse the City of Fort Worth for its share of the Software Upgrade Agreement. 3. IM&C C-26582 - Authorize Execution of a Communications System Agreement with the City of Southlake for Participation in the City of Fort Worth's Two-Way Public Safetv Radio System, at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Communications System Agreement with the City of Southlake for participation in the City of Fort Worth's Two-Way Public Safety Radio System. The City of Southlake will reimburse its share of operations and maintenance to ensure no cost to the City of Fort Worth with annual reimbursement estimated to be approximately the amount of$5,250.00. In addition, the City of Southlake will reimburse the City of Fort Worth for its share of the Software Upgrade Agreement. 4. IM&C C-26583 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 42877 with Accela, Inc., in the Amount of $100,725.07 for the Automation Permitting System Software, and Implementation, Training, and Maintenance Services for the Planning and Development Department, Thereby Increasing the Total Contract Amount to $780,180.08 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of Amendment No. 2 to City Secretary Contract No. 42877 with Accela, Inc., in the amount of $100,725.07 for the Automation Permitting System Software, and implementation, training, and maintenance services for the Planning and Development Department, thereby increasing the total contract amount to $780,180.08. 5. M&C C-26584 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 40002, an Engineering Services Agreement with C112M Hill Engineers, Inc., in the Amount of $99,473.00 to Manal4e Certain Streetscape Improvement Projects for a Revised Total Contract in the Amount of $4,537,895.98 (COUNCIL DISTRICTS 8 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 6 of 20 The City Council approved the following recommendation: Authorize Amendment No. 2 to increase City Secretary Contract No. 40002, an Engineering Services Agreement with CH2M Hill Engineers, Inc., in the amount of $99,473.00 to manage streetscape improvement projects for a revised total contract in the amount of$4,537,895.98. 6. IM&C C-26585 - Authorize Execution of an Agreement with Gallagher Benefits Services, Inc., for Advisory Services for Issues Related to the City's Benefit Programs for an Annual Amount of$182,500.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an agreement with Gallagher Benefit Services, Inc., for advisory consulting services for the City's benefit programs in the amount of$182,500.00 per year. 7. M&C C-26586 - Authorize Change of Use and Expenditure of Additional HOME Investment Partnerships Program Grant Funds in the Amount of$265,000.00 for a Total Amount of$1,329,526.51 to Tarrant County Housinp, Partnership, Inc., in the Form of a Subordinate Forgivable Loan for the Beaty Street Apartments Located in the 5500 Block of Beaty Street, Authorize Execution of a Contract Amendment, and Authorize Substantial Amendment to the City's 2004-2005, 2008-2009 and 2009-2010 Action Plans and Substitution of Funding Years (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize a substantial amendment to the City's 2004-2005, 2008-2009, and 2009-2010 Action Plans; authorize the substitution of current and prior funding years in order to meet commitment, disbursement and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development; authorize a change in use and expenditure of additional HOME Investment Partnerships Program Grant funds in the amount of $265,000.00 for a total amount of $1,329,526.51 to Tarrant County Housing Partnership, Inc., in the form of a subordinate, forgivable loan for the acquisition, rehabilitation and redevelopment of the Beaty Street Apartments located in the 5500 block of Beaty Street; authorize the City Manager, or his designee, to execute a contract amendment and any related documents for the project with the Tarrant County Housing Partnership, Inc., and extend the contract to a six-year term beginning on the date of execution of the contract; authorize the City Manager or his designee to extend or renew the contract for -up to one year if Tarrant County Housing Partnership, Inc., requests an extension and such extension is necessary for completion of the project; authorize the City Manager, or his designee, to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with City policies and applicable laws and regulations governing the use of federal grant funds; and authorize the City Manager to substitute funding years in order to meet commitment, disbursement, and expenditure deadlines for grant funds from the United States Department of Housing and Urban Development. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 7 of 20 8. M&C C-26587 - Authorize Execution of Change Order No. I to City Secretary Contract No. 44102 with Conatser Construction TX, LP, in the Amount of $220,674.05 for the Construction of Avondale-Haslet Road from the Water Tank Site to Willow Creek Drive, Thereby Increasing the Total Contract Amount to $2,209,453.50 COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Change Order No. I to City Secretary Contract No. 44102 with Conatser Construction TX, LP, in the amount of$220,674.05 for the construction of Avondale-Haslet Road from the Water Tank Site to Willow Creek Drive, thereby increasing the total contract amount to $2,209,453.50. 9. M&C C-26588 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Pinion Park Office Park, LLC, and Pinion Park Office Center Condominium Association, Inc., for Property Located at 6364 Pi-nionpark Way, East of Boat Club Road, 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 Pinion Park Office Park, LLC, and the Pinion Office Center Condominium Association, Inc., for property located at 6364 Pinionpark Way, east of Boat Club Road, at no expense to the City. 10. M&C C-26589 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Steadman Farms, LLC, on Property Located on Keller Haslet Road East of Park Vista Boulevard Containing 0.799 Acres of Land in Abstract No. 265, Jose Chirino Survey, at No Expense to the City (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of a Stormwater Facility Maintenance Agreement with Steadman Farms, LLC, on property located on Keller Haslet Road east of Park Vista Boulevard contain=ing 0.799 acres of land in Abstract No. 265, Jose Chrino Survey, at no expense to the City. 11. M&C C-26590 - Authorize Execution of an Amendment to City Secretary Contract No. 42205 with AUI Contractors, LLC, in the Amount of$256,491.00 for the Riverside Wastewater Treatment Plant Digester Sludge Treatment, Removal and Disposal Project at Gateway Park, Thereby Inereasiny, the Total Contract Amount to $6,804,863.75 (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of an amendment to City Secretary Contract No. 42205 with AUI Contractors, LLC, in the amount of $256,491.00 for the Riverside Wastewater Treatment Plant Digester Sludge Treatment, Removal and Disposal Project at Gateway Park, thereby increasing the total contract amount to $6,804,863.75, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 8 of 20 12. IM&C C-26591 - Authorize Application for and Acceptance of, if Awarded, a Grant from the Texas Department of Agriculture in the Amount Up to $900,000.00 for the 2014 Summer Food Service Program, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS The City Council approved the following recommendation: Authorize the application for and acceptance of, if awarded, a grant from the Texas Department of Agriculture in the amount up to $900,000.00 for the 2014 Summer Food Service Program; apply an indirect cost rate of 19.18 percent, which is the most recently approved rate for the department, and apply the newly approved indirect rate when available; and adopt Appropriation Ordinance No. 21052-12-2013 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $900,000.00, subject to receipt the grant, for the same purpose as reflected above. 13. M&C C-26592 - Authorize Acceptance of Funds and Execution of an Ap_reernent with Tarrant County in the Amount Up to $30,000.00 for Fiscal Year 2014 for the Operation of Two Community Action Partners Centers, Authorize Execution of a Lease Agreement for One of the Centers and Adopt Appropriation Ordinance (NO COUNCIL DISTRICT) The City Council approved the following recommendation: Authorize the acceptance of funds and execution of an agreement with Tarrant County for Fiscal Year 2014 in the amount up to $30,000.00 for the operation of the Far Northwest Community Action Partners Center and the Far Southeast Community Action Partners Center; authorize the execution of a Lease Agreement with Mary Hartman for the Far Northwest Community Action Partners Center in the amount not to exceed $11,100.00 for a term of one year effective from October 1, 2013, to September 30, 2014; and adopt Appropriation Ordinance No. 21053-12-2013 increasing estimated receipts and appropriations in the Grants Fund in the amount of$30,000.00, subject to receipt of the grant, for the same purpose as reflected above. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1907 - Notice of Claims for Alleged Damages and/or Ineuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 9 of 20 Ix. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Certificates of Recognition to Former Board and Commission Members Council Member Bivens presented Certificates of Recognition to the following former board and corninission members: • Mr. Richard Fahy, Aviation Advisory Board, from March 4, 2008, through November 19, 2013 • Mr. Randell Means, Aviation Advisory Board, from April 3, 2007, through October 7, 2013 • Ms. 011ie Ferrell, Foil Worth Commission for Women, from December 6, 2011, through October 7, 2013 • Mr. Robert Adams, Historic and Cultural Landmarks Commission, from February 3, 2009, through August 19, 2013 • Ms. Cecille Roney, Historic and Cultural Landmarks Commission, from August 28, 2007, through October 7, 2013 • Ms. Gloria Smith, Library Advisory Board, January 25, 2011, through October 7, 2013 • Mr. Hugh Ferrell, Zoning Commission and Fort Worth Alliance Airport Zoning Commission, from December 6, 2011, through October 7, 2013 • Ms. Ann Zadeh, Zoning Commission and Fort Worth Alliance Airport Zoning Commission, from September 25, 2007, through October 7, 2013 Council Member Bivens recognized the following former board and commission members, but they were not present in the Council Chamber: • Mr. Solomon Haile, Aviation Advisory Board, from April 21, 2009, through October 7, 2013 • Mr. Robert Reyna, Board of Adjustment - Commercial and the Fort Worth Alliance Airport Board of Adjustment, from November 6, 2012, through October 7, 2013 • Mr. Bill Miller, Building Standards Commission, from April 4, 2006, through November 19, 2013 • Mr. Rubby Smith, Building Standards Commission, from March 10, 2009, through October 7, 2013 • Ms. Veronica Zerpa, City Plan Commission and the Capital Improvements Advisory Committee for Transportation Impact Fees, from November 9, 2010, through October 7, 2013 • Mr. Horace Coleman, Community Development Council, from July 24, 2012, through October 7, 2013 • Ms. Julia Kaynor, Fort Worth Commission for Women, from August 7, 2012, through September 9, 2013 CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 10 of 20 • Ms. Rachel Keith, Fort Worth Commission for Women, from April 17, 2012, through November 19, 2013 • Ms. Sandra Runnels, Fort Worth Commission for Women, from December 18, 2007, through October 7, 2013 • Ms. Kelly Owen, Historic and Cultural Landmarks Commission, from September 15, 2009, through October 7, 2013 • Ms. Deanna Maxwell, Library Advisory Board, from October 13, 2009, through November 19, 2013 • Mr. Paul Baganz, Mayor's Committee on Persons with Disabilities, from July 27, 2010, through October 22, 2013 • Mr. Bobby Benefield, Mayor's Committee on Persons with Disabilities, from July 27, 2010, through October 22, 2013 • Mr. Elvin Bennett, Parks and Community Services Advisory Board, from October 13, 2009, through October 7, 2013 • Mr. Trent Gilley, Urban Design Commission, from May 13, 2009, through August 8, 2013 • Mr. Jack Suminerford, Urban Design Commission, from October 23, 2007, through October 7, 2013 2. Presentation of Certificate of Recognition for DanjVe Dominguez Council Member Bums presented a Certificate of Recognition to Dan-n'e Dominguez for his loyal commitment to working on and maintaining the beautiftil mural in the Shaw Clark 4:1 Neighborhood. 3. Presentation of Proclamation to Accept the 10-Week Wellness Challenge from Des Moines, Iowa Mayor Price presented a proclamation to accept the 10-Week Wellness Challenge from Des Moines, Iowa. She stated that the City of Fort Worth would strive to be known as the "Wellness Capital" and accepted the challenge beginning January 27, 2014. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Mayor Price, Mayor Pro tern Zimmerman and Council Members Bivens and Bums announced upcoming and recent events within the City and various Council districts, 2. Recognition of Citizens There was no recognition of citizens. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 1.1 of 20 3. Approval of Ceremonial Travel Motion: Council Member Bivens made a motion, seconded by Council Member Scarth, that Mayor Pro tem Zimmerman be approved for ceremonial travel to Nashville, Tennessee, on December 11, 2013, as the City of Fort Worth's representative for the Snowball Express ceremony. The motion carried unanimously 9 ayes to 0 nays. X1. PRESENTATIONS BY THE CITY COUNCIL I. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. 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. XIII. RESOLUTIONS 1. A Resolution Supporting Regional Initiatives in the Planning Livable Military Communities Regional Vision Report It was recommended that the City Council adopt a resolution supporting regional initiatives in the Planning Livable Military Communities Regional Vision Report. Ms. Rachel Wiggins, 1510 Cherinault Avenue, completed a comment card in support of the resolution. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Resolution No. 4267-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. A Resolution Approving, for Purposes of Section 147(f) of the Internal Revenue Code, the Education Revenue Bonds (Texas Christian University) Series 2013a Issued by the Red River Education Finance Corporation and the Facilities to be Financed with the Proceeds of the Bonds CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 12 of 20 It was recommended that the City Council adopt a resolution approving, for purposes of Section 147(f) of the Internal Revenue Code, the Education Revenue Bonds (Texas Christian University) Series 2013A issues by the Red River Education Finance Corporation and the facilities to be financed with the proceeds of the bonds. Motion: Council Member Bums made a motion, seconded by Council Member Shingleton, that Resolution No. 4268-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. A Resolution of the City Council of the City of Fort Worth, Texas, Casting the ,City of Fort Worth's 607 Allotted Votes for Candidate Joe Potthoff to the Board of the Tarrant County Appraisal District It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, casting the City of Fort Worth's 607 allotted votes for candidate Joe Potthoff to the board of the Tarrant County Appraisal District. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Resolution No. 4269-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. A Resolution of the City Council of the City of Fort Worth, Texas, Casting the City of Fort Worth's One Allotted Vote for Candidate Randy Moss to the Board of the Wise County Appraisal District It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, casting the City of Fort Worth's one allotted vote for candidate Randy Moss to the board of the Wise County Appraisal District. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Resolution No. 4270-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. S. A Resolution of the City Council of the City of Fort Worth, Texas, Castinp, the .City of Fort Worth's Eleven Allotted Votes for Candidate Warner Killouph to the Board of the Parker County Appraisal District It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, casting the City of Fort Worth's 11 allotted votes for candidate Warner Killough to the board of the Parker County Appraisal District. Motion: Council Member Bivens made a motion, seconded by Council Member Allen Gray, that Resolution No. 4271-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 13 of 20 6. A Resolution of the City Council of the City of Fort Worth, Texas, Castinp- the City of Fort Worth's Thirty Three Allotted Votes for Candidate Tim Trylovich to the Board of the Denton Central Appraisal District It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, casting the City of Fort Worth's 33 allotted votes for candidate Tim Trylovich to the board of the Denton Central Appraisal District. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Resolution No. 4272-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. XfV. REPORT OF THE CITY MANAGER B. General 1. M&C G-18078 - Adopt Ordinance Amending the Service Rate for the Thirty-Two Gallon and Sixty-Four Gallon Carts In Chapter 12.5, Environmental Protection and Compliance, Article VIII, Solid Waste and Recycfin% Division 4, Deposits, Rates and Collection, Section 841.1, Residential Collection Fees to be Effective January 1, 2014 (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of the service rate for 32-gallon cart and the 64-gallon cart in Chapter 12.5, "Envirom-nental Protection and Compliance", Article VIII, "Solid Waste and Recycling", Division 4, "Deposits, Rates and Collection", Section 1.2.5-841.1, "Residential Collection Fees", to be effective January 1, 2014. Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mayor and Council Communication G-18078 be approved and Ordinance No. 21054-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M&C G-18079 - Conduct a Public Hearinp_ and Adopt Ordinance Desipnatin2 Tax Abatement Reinvestment Zone No. 89, City of Fort Worth, Texas, for Approximately Fifty-One Acres of Property Located at Alliance Crossinp, and I- 35W to Facilitate the Development of an e-Commerce Fulfillment Center by Wal- Mart.Com USA, LLC, and AIL Investment LP (COUNCIL DISTRICT 7) (PUBLIC HEARING) It was consensus of the City Council that Mayor and Council Communication G-18079 be withdrawn from the Council agenda. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 14 of 20 E. Planninp, & Zonin2 1. M&C PZ-3043 - Authorize Institution of City-Initiated Annexation of Approximately 36.4 Acres of Land in Denton County,Texas, Located in the 2400 - 2800 Blocks of SH 114 and Adopt Ordinance (COUNCIL DISTRICT 7) It was recommended that the City Council authorize institution of and adopt an ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 36.4 acre tract of land situated in Denton County in the R. Matney Survey, Abstract No. 878, and J. Smith Survey, Abstract No. 1.149; situated about 18.7 miles north 6 degrees east of the Denton County Courthouse, Texas (Case No. AX-13-010), located in the 2400 to 2800 blocks of SH 114, which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Mr. Edward Eckart, 2405 Mustang Drive, Grapevine, completed a comment card in support of Mayor and Council Communication PZ-3043. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication PZ-3043 be approved and Ordinance No. 21055-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M&C C-26593 - Amend Mavor and Council Communication C-26216 Authorizinp, an Economic Development Program Agreement with Wal-Mart Stores, Inc., for Development of an e-Commerce Fulfillment Center at 5300 Westport Parkway in Order to Reduce the Level of Taxable Business Personal Property Required for Installation at the Site and to Make Wal-Mart.Com USA LLC, the Party to the Agreement (COUNCIL DISTRICT 7) It was recommended that the City Council amend Mayor and Council Communication C-2621.6 authorizing an Economic Development Program Agreement with Wal-Mart Stores Stores, Inc., for development of an e-Commerce Fulfillment Center at 5300 Westport Parkway in order to reduce the level of taxable business personal property required for installation at the site and to make Wal-Mart.Com USA, LLC, the party to the agreement. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication C-26593 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 15 of 20 2. M&C C-26594 - Authorize Amendment No. 2 to the Consultant Agreement with .Western Economic Services LLC, City Secretary Contract No. 44523, to Extend the Term and Add $4,225.00 for a Total Contract in the Amount of$54,075.00 to Prepare an Analysis of Impediments to Fair Housing Choice as Required by Federal Regulations (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of Amendment No. 2 to the Consultant Agreement with Western Economic Services, LLC, City Secretary Contract No. 44523, to extend the term of performance and add additional payment in the amount of $4,225.00 for a total contract in the amount of$54,075.00 to prepare an Analysis of Impediments to Fair Housing Choice as required by the United States Department of Housing and Urban Development as a condition of receiving federal grant funds. Motion: Council Member Espino inade a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-26594 be approved. The motion carried unanimously 9 ayes to 0 trays. 3. M&C C-26595 - Authorize Execution of Agreement with the University of North Texas Health Science Center at Fort Worth to Accept a Grant in the Amount of $1,000,000.00 from the State of Texas for Operations of the Fort Worth Business Assistance Center as well as Renovations and Upkeep of Buildings on the Guinn Elementary School Campus and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the execution of an agreement with the University of North Texas Health Science Center at Fort Worth to accept and receive grant funds from the State of Texas in the amount of$1,000,000.00 (the amount of$500,000.00 during the State's current Fiscal Year of September 1, 2013, to August 31, 2014, and the amount of $500,000.00 in the State's Fiscal Year of September 1, 2014, to August 31, 2015) for operation of the Foil Worth Business Assistance Center as well as renovations and upkeep of buildings on the Guinn Elementary School Campus; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$1,000,000.00, subject to receipt of a the grant, for the same purpose as reflected above. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication C-26595 be approved and Appropriation Ordinance No. 21056-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 1.6 of 20 4. M&C C-26596 - Authorize Execution of a One Year Tax Abatement Agreement with Wal-Mart.Com USA, LLC, and AIL Investment LP, and a Fourteen Year Economic Development Program Agreement with Wal-Mart.Com USA, LLC, for the Development of an e-Commerce Fulfillment Center to be Located at Affiance Crossing and 1-35W,and Authorize Waiver of Certain Related Development Fees (COUNCIL DISTRICT 7) It was the consensus of the City Council that Mayor and Council Communication C-26596 be withdrawn from the Council agenda. 5. IM&C C-26597 - Authorize Execution of a Utility Adiustment Agreement and Payment to Tri-County Electric Cooperative, Inc., in the Amount of$1,220,840.83 for the Relocation of Approximately 6,600 Feet of Overhead Wire to Underground Facilities that are Located Along Old Denton Road (COUNCIL DISTRICT 4) It was recommended that the City Council authorize the execution of a Utility Adjustment Agreement and payment to Tri-County Electric Cooperative, Inc., in the amount of $1,220,840.83 for the relocation of approximately 6,600 feet of overhead wire to underground facilities that are located along Old Denton Road. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that Mayor and Council Communication C-26597 be approved. The motion carried unanimously 9 ayes to 0 nays. 6. M&C C-26598 - Authorize Acceptance of a Grant and Execution of a Contract with the Texas Department of Housing and Community Affairs for the 2014 Comprehensive Enemy Assistance Program in the Amount Up to $8,000,000.00 Through December 31, 201.4, Authorize Interfund Loan, Waive Indirect Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTFJCTS) It was recommended that the City Council authorize the acceptance of a grant and the execution of a contract with the Texas Department of Housing and Conununity Affairs in the amount up to $8,000,000.00 for the 2014 Comprehensive Energy Assistance Program; authorize a non-interest bearing interfund loan from the fund balance of the General Fund to the Grants Fund in the amount of $500,000.00 for interim financing of this grant project pending contract execution; adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund in the amount of$8,000,000.00, subject to receipt of the grant, for the same purpose as reflected above. Motion: Council Member Allen Gray made a motion, seconded by Council Member Espino, that Mayor and Council Communication C-26598 be approved and Appropriation Ordinance No. 21057-12-2013 be adopted. The motion carved unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 17 of 20 7. M&C C-26599 - Authorize Acceptance of Low-Income Weatherization Assistance Prop-ram Funds from the Texas Association of Community Action Agencies in the Amount Up to $1,100,000.00, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of targeted Low-Income Weatherization Program grant funds from the Texas Association of Cornrnunity Action Agencies in the amount up to $1,100,000,00; authorize the execution of related contracts, including any renewals, amendments, and extensions with the Texas Association of Community Action Agencies for the grant funds; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$1,100,000.00, subject to receipt of the grant, for the same purpose as reflected above. 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 Allen Gray, that Mayor and Council Communication C-26599 be approved and Appropriation Ordinance No. 21058-12-2013 be adopted. The motion carried 8 ayes to 0 nays with I abstention by Council Member Scarth. 8. M&C C-26600 - Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2014 Weatherization Assistance Prop-ram Up to a Total Amount of $2,000,000.00, Authorize Related Contracts, Authorize Waiver of Indirect Costs, Authorize Interfund Loan and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize acceptance of Low-Income Housing Energy Assistance grant funds from the Texas Department of Housing and Community Affairs for the 2014 Weatherization Assistance Program up to a total amount of $2,000,000.00; authorize the execution of related contracts, including any amendments, extensions and renewals, in accordance with City policies and regulations, with the Texas Department of Housing and Community Affairs for the grant funds for program year January 1, 2014, through December 31, 2014; authorize a waiver by the City of indirect costs; authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $300,000.00 for interim financing for the Low-Income Housing Energy Assistance Program pending contract execution; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,000,000,00, subject to receipt of the grant, for the same purpose as reflected above. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-26600 be approved and Appropriation Ordinance No. 21059-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 18 of 20 XV. ZONING HEARING The City Council, at its meeting of December 3, 2013, continued Zoning Docket ZC-13-143. 1. ZC-13-143 - (CD 3) - Lockheed Martin Recreation Association Inc., Etal, 5750 & 5780 Bellaire Drive S., 3400 Bryant Irvin Road; from: "A-5" One-Family, "C" Medium Density Multifamily, "E" Neighborhood Commercial, "OM" Office Midrise to: "G" Intensive Commercial and "PD/MU-2" Planned Development for all uses in "MU-2" High Intensity Mixed-Use with a waiver for minimum height and to exclude uses; site plan waiver recommended. (Recommended for Approval by the Zoninp- Commission)(Continued from a Previous Meetiny-) Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-13-143 be continued to the January 14, 2014, Council meeting. The motion carried unanimously 9 ayes to 0 nays. The Notice of Special Hearing set today as the date for the hearing in connection with recon-uriended 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 Worth, on November 21, 2013. 2. (CD 7) - City of Fort Worth Planning & Development, 2400-2800 ,block SH 114; from: Unzoned to: "I" LijZht Industrial (Recommended for Approval by the Zoning Commission) Mr. Edward Eckart, 2405 Mustang Drive, Grapevine, completed a speaker card in support of Zoning Docket ZC-13-169 and was recognized by Mayor Price but was not present in the Council Chamber. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket ZC-13-169 be approved. The motion carried unanimously 9 ayes to 0 nays. There being no one 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 Shingleton made a motion, seconded by Mayor Pro tern Zimmerman, that the healing be closed and that Ordinance No. 21060-12-2013 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 10, 2013 Page 19 of 20 XVI. CITIZEN PRESENTATIONS Ms. Dianna Wilson, 5816 Village Course Circle #326, completed a Citizen Presentation card relative to street lights on Mansfield Highway and was recognized by Mayor Price but was not present in the Council Chamber. The following individuals appeared before Council relative to the McLeland Tennis Center Racquetball Club: Mr. Paul Oliver, 7720 Harmony Drive Dr. Al Meredith, 5521 Whitman Mr. Ronnie Herrera, 8901 Random Road, completed a Citizen Presentation card relative to the McLeland Tennis Center Racquetball Club and was recognized by Mayor Price but was not present in the Council Chamber. The following individuals, representing the Friends of Cobb Park and the Fort Worth Black Arts Committee, appeared before Council relative to the MLK Experience, an observance of Martin Luther King, Jr., Day, and requested that there be more communication with Council members from all districts: Mr. Cecil Collier, 6200 Pershing Avenue #181 Mr. Cleveland Harris 9012 Sunridge Circle Apt. 1 1 1 1 Mayor Price requested that Mr. Richard Zavala, Director, Parks and Community Services, meet with Mr. Collier and Mr. Harris after the Council meeting. Ms. Carla Sanzone, 6618 Canyon Crest Drive, completed a Citizen Presentation card relative to the City purchasing several snowplows and sand equipment for the Transportation and Public Works Department for future Texas arctic blasts and was recognized by Mayor Price but was not present in the Council Chamber. Mr. Kelly Hollingsworth, 1225 East Corporate Drive, Suite H, Arlington, appeared before Council relative to the hearing regarding United Cab Company. Ms. Shanda Parker, 1225 East Corporate Drive, Suite H, Arlington, completed a Citizen Presentation card relative to the hearing regarding United Cab Company and was recognized by Mayor Price but was not present in the Council Chamber. Mr. Jonathan "A.J." Morrison, representing the Historic Rosedale Park Neighborhood Association and the East Fort Worth Coalition of Neighborhoods, 1915 Carverly Drive, appeared before Council relative to the inclusion of grass roots advocates as professionals into the decision making and planning process in Southeast Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING DECEMBER 1.0, 2013 Page 20 of 20 XVII. EXECUTIVE SESSION (PILE-COUNCIL CHAMBER) - SEE ATTACHMENT B XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular meeting at 8:08 p.m. These minutes approved by the Fort Worth City Council on the 17`x' day of December, 2013. Attest: A .mom Mary J. Kayser ce � � City Secretary Ma