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Home My WebLink About2012/12/04-Agenda-City Council CITY COUNCIL AGENDA FOR THE MEETING AT 7:00 P.M. TUESDAY, DECEMBER 04, 2012 CITY COUNCIL CHAMBER, CITY HALL 1000 THROCKMORTON STREET, FORT WORTH, TEXAS I. CALL TO ORDER II. INVOCATION - Pastor Lynn White, Trinity Christian Church III. PLEDGE OF ALLEGIANCE IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF NOVEMBER 12, 2012 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF VII. CONSENT AGENDA Items on the Consent Agenda require little or no deliberation by the City Council. Approval of the Consent Agenda authorizes the City Manager, or his designee, to implement each item in accordance with staff recommendations. A. General - Consent Items 1. M&C G-17746 - Authorize Payment to the Atmos Gas Cities Steering Committee to Fund Participation in Dockets, Rate Cases and Other Proceedings Related to Gas Utility Regulations (ALL COUNCIL DISTRICTS) 2. M&C G-17747 - Authorize Payment of the City of Fort Worth's Fiscal Year 2013 Membership Dues to the Texas Coalition of Cities for Utility Issues in the Amount of$27,500.00 (ALL COUNCIL DISTRICTS) 3. M&C G-17748 - Approve Findings of Ground Transportation Coordinator Regarding Application of Choice Valet, Inc. d/b/a Choice Transport, to Operate Three Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS) 4. M&C G-17749 - Authorize Acceptance of Two Bike Trailers Donated by Fort Worth Police Department Bike Support Group (ALL COUNCIL DISTRICTS) 5. M&C G-17750 - Authorize Purchase Agreement with Four Points Technology, LLC, for Disaster Recovery Planning for the Water Department's Information and Billing System Using a General Services Administration Agreement in the Amount Not to Exceed $54,984.00 for the First Year (ALL COUNCIL DISTRICTS) B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11457 - Authorize Purchase Agreements with Midwest Tape, LLC, Ingram Library Services Inc., and Baker & Taylor, Inc., for Compact Discs for the Library in the Amount of $87,000.00 for the First Year (ALL COUNCIL DISTRICTS) 2. M&C P-11458 - Authorize Professional Services Agreements with Abacus Service Corporation, Smith Temporaries d/b/a CornerStone Staffing, Lone Star NOC, Inc. d/b/a LoneStar Corporate Services, Makro Council Date: 12/4/2012 Technologies, Inc., P.I.E. Management, LLC, and Staffmark Investment, LLC, for Temporary Professional Staffing Services for a Total Combined Amount Not to Exceed $1,000,000.00 (ALL COUNCIL DISTRICTS) 3. M&C P-11459 - Authorize Non-Exclusive Purchase Agreements with Shawnee Mission Tree Service d/b/a Arbor Masters Tree and Landscape and Northeast Service Inc. d/b/a Horton Tree Service, to Provide Tree Removal and Pruning Services for City Departments in a Combined Amount Up to $1,300,000.00 (ALL COUNCIL DISTRICTS) 4. M&C P-11460 - Authorize Purchase Agreement with NetworkFleet, Inc., in the Amount of $471,286.00 for an Automated Vehicle Location System for the Equipment Services Department Using a Cooperative Contract (ALL COUNCIL DISTRICTS) C. Land - Consent Items 1. M&C L-15470 - Authorize Acquisition of an Easement Interest in 4.950 Acres of Land for Permanent Drainage and an Easement Interest in 0.140 Acres of Land for Temporary Construction Owned by Mercantile Partners, L.P., Located at 0000 Gemini Place East of the Mark IV and Meacham Boulevard Intersection for the Meacham Boulevard - Mark IV Drainage Improvement Project in the Amount of $973,307.00 and Estimated Closing Costs in the Amount Not to Exceed $7,000.00 (COUNCIL DISTRICT 2) 2. M&C L-15471 - Authorize Acquisition of a Fee Simple Interest in 0.037 Acres of Land for Right-of-Way and a Temporary Construction Easement in 0.328 Acres of Land Located Immediately North of Fossil Creek Along North Riverside Drive from Stoneglen at Fossil Creek Addition Homeowners Association in the Amount of $8,537.00 for the Construction of the North Riverside Bridge at Fossil Creek Project and Authorize Payment of Closing Costs in the Amount of $2,000.00 Per Transaction (COUNCIL DISTRICT 4) D. Planning & Zoning - Consent Items - None E. Award of Contract - Consent Items 1. M&C C-25983 - Authorize Execution of an Artwork Commission Contract with Pavlovsky Sculpture Studios, LLC, in the Amount of $45,000.00 for Fabrication, Delivery and Installation of an Artwork for the Near East Side Urban Village in the 1200 - 1600 Blocks of East Lancaster Avenue (COUNCIL DISTRICT 8) 2. M&C C-25984 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Wal-Mart Stores Texas, LLC, on Property Located in the 2300 Block of Avondale Haslet Road, M.E.P. & P.R.R. Company Survey (COUNCIL DISTRICT 7) 3. M&C C-25985 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Heritage 3135A, L.P., and Heritage Homeowners Association, Inc., for Property Located Southeast of the Ray White Road and Canary Lane Intersection Containing 0.503 Acres of Land in the J.R. Knight Survey Abstract No. 902 Council Date: 12/4/2012 (COUNCIL DISTRICT 2) 4. M&C C-25986 - Authorize Execution of an Engineering Agreement with TranSystems Corporation d/b/a TranSystems Corporation Consultants, in the Amount of $128,957.00 for the DFW Airport Reclaimed Water Delivery System Flush Line Design (COUNCIL DISTRICT 5) 5. M&C C-25987 - Authorize Execution of Amendment No. 1 with Dunaway Associates, L.P., in the Amount of $82,329.00 for Additional Design of a Sixteen Inch Water Main as Part of the Relocation of a Twenty-Four Inch Water Main Along Blue Mound Road from Petty Place to Martin Ranch Road and the Future Double Eagle Boulevard from Pipe Ridge Drive to Blue Mound Road, Thereby Increasing the Total Contract Amount to $274,329.00 (COUNCIL DISTRICT 2) 6. M&C C-25988 - Authorize Third and Final Renewal of a Contract with Westhill Construction, Inc., in the Amount of $500,000.00 for a Total Contract Amount of $2,000,000.00 for Utility Cut Repair Contract 2009 UC01-2010 at Various Locations Throughout the City (ALL COUNCIL DISTRICTS) 7. M&C C-25989 - Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $293,328.00 for Design Services for the Lake Worth Preliminary Trail Design and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1870 - Notice of Claims for Alleged Damages and/or Injuries IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Proclamation of Cowboy Santas Program X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events 2. Recognition of Citizens 3. Approval of Ceremonial Travel XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES 1. Report by the Animal Shelter Advisory Board 2. Report by the Appeals Board XIII. RESOLUTION 1. A Resolution Appointing an Arts Funding Task Force to Advise the City Council About the City's Financial Support for Arts and Cultural Exchange Programs Attachment(s): Resolution - Attached.pdf XIV. ZONING HEARING 1. -1 -081 - (CD 5) - Dennis Thornton, dba Anchor Asphalt Company, 11467 Mosier Valley Road; from: "AG" Agricultural to: "PD/AG" Planned Development for all uses in "AG" Agricultural plus outdoor storage of construction vehicles and trailers only; site plan waiver Council Date: 12/4/2012 recom mended.(Recommended for Approval as Amended to PD/AG plus outdoor storage of construction vehicles and trailers only by the Zoning Commission) 2. -1 -112 - (CD 2) - Thomas Blanton, 3900 and 3950 Angle Avenue; from: "I" Light Industrial to: "D" High Density Multifamily (Recommended for Approval by the Zoning Commission (Continued from a Previous Meeting) 3. -1 -093 - (CD-ALL) - City of Fort Worth Planning & Development Department, Text Amendment: Mobile Vendor Food Courts An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as amended, codified as Appendix "A" of the Code of The City of Fort Worth, by Amending Article 1 "Standards for Selected Uses", of Chapter 5, "Supplemental Use Standards", Section 5.406, to: • Add a subsection to provide standards and regulations for Mobile Vendor Food Courts; • Amend Section 4.802 "Nonresidential District Use Table" and Section 4.1202 "Form- Based District Use Table" to provide for the zoning districts where Mobile Vendor Food Courts are allowed; • Amend Chapter 9 "Definitions" to add Mobile Vendor Food Courts and amend Mobile Vendors To review the proposed amendments: http://fortworthtexas.gov/planninganddevelopment/zoningcommission.aspx (Recommended for Approval by the Zoning Commission) 4. -1 -105 - (CD-ALL) - City of Fort Worth Planning & Development Department, Text Amendment: Trinity Lakes Form Based Code: An Ordinance Amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 13896, as Amended, Codified as Appendix "A" of the Code of the City of Fort Worth, by Amending Article 9 "Form Based Districts", of Chapter 4, "District Regulations" to: • Add a new section, Section 4.1307 Trinity Lakes ("TL") District" and to add separate zones within the district; • Provide for design standards and guidelines for new construction and certain renovations; • Require a Certificate Of Appropriateness for new construction and certain renovations; • Provide for administrative approval of Certificate of Appropriateness under certain circumstances; providing an appeal process; and • Amend Section 4.1200 "Form Based Districts Code Use Table" to add the uses allowed within the Trinity Lakes ("TL") District To review the proposed amendments: http://fortworthtexas.gov/planninganddevelopment/zoningcommission.aspx (Recommended for Approval by the Zoning Commission) 5. -1 -108 - (CD 2) - Katy Road All Storage Ltd., 4874 Keller Haslet Road; from: "I" Light Industrial to: "PD/1" Planned Development for all uses in "I" Light Industrial plus mini- warehouse; site plan included. (Recommended for Approval by the Zoning Commission) 6. -1 -109 - (CD 7) - Ben Patterson, 6245 Granite Creek Drive; from: "A-5" One-Family to: "PD/A-5" Planned Development for all uses in "A-5" One-Family plus group home with eight residents and one resident supervisor; site plan waiver requested. (Recommended for Denial by the Zoning Commission) 7. -1 -008 - (CD 9) - Sandage Development Partners, LLC, 2809 - 2821 Sandage Avenue; Site plan for multifamily development (Recommeded for Approval as Amended to Council Date: 12/4/2012 remove the dumpster by the Zoning Commission) 8. -1 -110 - (CD 4) - Riverbend Investment/Riverbend Investment 11, 7800 - 8100 Blocks of Trinity Boulevard; from: "E" Neighborhood Commercial, "PD-224" Planned Development for existing zoning categories: "I" Light Industrial, "G" General Commercial, "0-2" Floodplain, "IP" Industrial Park, "C" Medium Density Multifamily, "AG" Agricultural, "E" Neighborhood Commercial plus sand and gravel and specific regulations for mining activity to: Trinity Lakes Form-Based Code with six character zones: Boulevard Mixed Use, Village Mixed Use, Highway Mixed Use, Campus Commercial, Transition, and Neighborhood with regulating plan and development standards. To review the proposed code: http://fortworthtexas.gov/planninganddevelopment/zoningcommission.aspx (Recommended for Approval by the Zoning Commission) 9. -1 -111 - (CD 2) - HL Investments & N. Tarrant Parkway Surgery Center LLC, 3400 North Tarrant Parkway; from: "PD-710" Planned Development for all uses in "E" Neighborhood Commercial plus assisted living, blood bank, nursing home with full medical services with development requirements; site plan required to: Amend "PD-710" Planned Development to add a helipad; site plan included.(Recommended for Approval by the Zoning Commission) 10. -1 -114 - (CD 9) - Trinity Bluff Development, Ltd., 633 and 637 Samuels Avenue; from: "PD-489" Planned Development for all uses in "H" Central Business District excluding the following uses: massage therapy, sexually oriented business, recreational vehicle park, cold storage or ice plant, gunsmithing, repair or sales, home improvement store, mini- warehouses, mortuary or funeral home, pawn shop, tattoo parlor, taxidermist shop, auto parts supply, retail automotive repair, paint and body shop, car wash full or self service, vehicle sales or rental, including automobiles, motorcycles, boats or trailers. Building height shall be restricted to 20 stories. In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is greater, for buildings along the northern boundary of the cemetary; site plan waived; to: Amend "PD-489" Planned Development to remove the transitional height plane requirement; site plan waiver recommended. (Recommended for Approval by the Zoning Commission) 11. -1 -009 - (CD 4) - Hope Lutheran Church & Foundation for Healthy Living, 2929 Precinct Line Road; Amend "PD-627" site plan to add storage area (Recommended for Approval by the Zoning Commission) 12. -1 -117 - (CD 6) - Chesapeake Land Development Company LLC, 5023 and 5025 Granbury Road; from: "PD-175" Planned Development for all uses in "E" Neighborhood Commercial plus retail auto parts, auto supplies and tire repair and sales; site plan waived to: Amend "PD-175" Planned Development to include oil change, inspections, emission and electrical system testing, brakes, belts, filters, battery maintenance; site plan included. (Recommended for Denial without Prejudice by the Zoning Commission) 13. -1 -118 - (CD 9) - Linwood Partners, LLC, 2700 Blocks of Azalea Avenue, Mercedes Avenue & Merrimac Avenue and 357, 359, 407 & 409 Foch Street; from: "MU-1" Low Intensity Mixed Use, "R2" Townhouse/Cluster to: "PD/UR" Planned Development for all uses in "UR" Urban Residential with development standards; site plan waiver recommended. (Recommended for Approval as Amended for maximum of four stories and with revised development standards by the Zoning Commission) 14. -1 -121 - (CD 7) - Stanley Rowland, 6336 North Ridge; from: "A-5" One-Family to: "ER" Neighborhood Commercial Restricted (Recommended for Approval as Amended to ER by the Zoning Commission) 15. -1 -125 - (CD 9) - Tarrant County Water Control District, 800 E. Northside Drive; from: "0-1" Floodplain and "TU-N2" Trinity Uptown-Neighborhood Zone to: "G" Intensive Commercial (Recommended for Approval by the Zoning Commission) XV. REPORT OF THE CITY MANAGER Council Date: 12/4/2012 A. Benefit Hearing - None B. General 1. M&C G-17745 - Adopt Ordinance Amending Chapter 2, "Administration", Article VII, "Code of Ethics" of the Code of the City of Fort Worth to Add and Amend Definitions; Allow for Participation by Task Force Members; Provide for Reliance on a Written Opinion of the City Attorney; Rename the Ethics Review Committee; Establish the Duties and Responsibilities of the City Secretary and the City Attorney; Provide for the Appointment, Jurisdiction and Powers of Hearing Officers; Specify the Criteria of a Valid Ethics Complaint; Provide for the Retention of Outside Legal Counsel; and Outline the Appeal Process (ALL COUNCIL DISTRICTS) 2. M&C G-17751 - Authorize Payment to the Standing Steering Committee of Oncor Electric Delivery Service Area Cities in the Amount of$74,121.00 to Fund Participation in Current and Upcoming Electric Utility Dockets and Rulemakings Related to Electric Utility Regulation at the Texas Public Utilities Commission (ALL COUNCIL DISTRICTS) 3. M&C G-17752 - Adopt Resolution Authorizing the Employment of Kelly, Hart, and Hallman L.L.P., as Outside Counsel to Represent the City in the Lawsuit Entitled Richard Van Houten, Jr. and Stephen Hall v. City of Fort Worth, a Texas Municipal Corporation, Case No. 4:12-CV- 00826, and any Litigation Related to the Pension Benefit Changes Adopted by the City Council on October 23, 2012, and Authorizing Payment of Counsel Fees in a Total Amount Up to $200,000.00 (ALL COUNCIL DISTRICTS) 4. M&C G-17753 - Adopt Resolution Amending the City Council Rules of Procedure to Establish the Audit Committee as a Standing City Council Committee and Approving the Committee's Charter (ALL COUNCIL DISTRICTS) 5. M&C G-17754 - Authorize Use of$118,219.00 in Tree Removal Fee Revenue, the Amount of $100,000.00 in Parks Royalty Revenue and Donation in the Amount of $100,000.00 from Chesapeake Energy Corporation to Fund the Community Tree Planting Program and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) C. Purchase of Equipment, Materials, and Services - None D. Land - None E. Planning & Zoning - None F. Award of Contract 1. M&C C-25977 - Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $1,929,961.63 for the Construction of a Four Lane Detour Along Henderson Street from Just North of White Settlement Road to Just South of the West Fork of the Trinity River, Provide for Construction Contract Costs, Contingencies, and Construction Services in the Amount of $260,000.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 2 and 9) (Continued from a Previous Meeting) Council Date: 12/4/2012 2. M&C C-25990 - Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of $1,356,291.95 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement in Portions of 28th Street, North Elm Street, Mineola Avenue and Norman Street Utilizing the Amount of $940,385.95 from the 2008 Capital Improvements Projects Fund and the Amount of $646,776.51 from the Water and Sewer Capital Projects Funds to Provide for Construction Contract Costs, Contingencies and Construction Services for a Project Total in the Amount of $1,587,162.46 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) 3. M&C C-25991 - Authorize Change Order No. 2 to City Secretary Contract No. 42077 with Conatser Construction TX, LP, in the Amount of $179,645.10 for the Eastern Hills Storm System Improvements — Phase 1 Multi-Use Stormwater Detention Basin (COUNCIL DISTRICT 4) 4. M&C C-25992 - Rescind Mayor and Council Communication C-25040 and Repeal Associated Resolution No. 4014-08-2011 and Ordinance No. 19822-08-2011, Accept Contribution and Transfer of TI F District 4 (Southside TI F) Funds in the Amount of$2,100,000.00, Authorize Execution of a Contract with The Fain Group, Inc., in the Amount of $3,244,347.85 for Landscape and Pedestrian Enhancements Along West Rosedale Street from Eighth Avenue to Lipscomb Street and Jennings Avenue to South Main Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) 5. M&C C-25993 - Authorize Execution of a Contract with UtiliTex Construction, LLP, in the Amount of$1,394,425.75 for Sanitary Sewer Rehabilitation Contract 73 on Lone Oak Drive, Burton Hill Road, Christine Street, Michigan Avenue, Isbell Road and Edgefield Road (COUNCIL DISTRICTS 2, 5, 7 and 8) XVI. PUBLIC HEARING 1. First Public Hearing for a Proposed City-Initiated Annexation of Approximately 147.4 Acres of Land in Tarrant County, Located South of Avondale-Haslet Road and East of Willow Springs Road. (AX-12-006 Avondale-Haslet) a. Report of City Staff b. Citizen Comments 2. First Public Hearing for a Proposed City-Initiated Annexation of Approximately 104.2 Acres of Land in Tarrant County, Located West of Old Decatur Road and South of W.J. Boaz Road. (AX-12-007 Old Decatur Road) a. Report of City Staff b. Citizen Comments XVII. CITIZEN PRESENTATIONS XVIII. EXECUTIVE SESSION (PRE-COUNCIL ) - SEE ATTACHMENT B XIX. ADJOURNMENT According to the City Council Rules of Procedures, individual citizen presentations shall be limited to three minutes, and group presentations shall be limited to ten minutes. At the Mayor's discretion, time Council Date: 12/4/2012 limits may be reasonably extended. Fort Worth Council Chamber, is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are requested to contact the City's ADA Coordinator at(817) 392-8552 or e- mail ADA(a)f ort Worth Texas.gov at least 48 hours prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least 48 hours prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Council Date: 12/4/2012