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HomeMy WebLinkAbout2014/09/09-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Present: 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 Ann Zadeh, District 9 Absent: Mayor Betsy Price Staff Present: David Cooke, City Manager Sarah Fullenwider, City Attorney Mary Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Pro tem Zimmerman called the regular session of the Fort Worth City Council to order at 7:00 p.m. on Tuesday, September 9, 2014, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas, with Mayor Price absent. II. INVOCATION - Pastor Charles Knij4ht, Tree of Life The invocation was provided by Pastor Charles Knight, Tree of Life. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGUST 26, 2014 Motion: Council Member Scarth made a motion, seconded by Council Member Bivens, that the minutes of the Regular meeting of August 26, 2014, be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 2 of 34 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Cooke requested that Mayor and Council Communication P-11693 be withdrawn from the Consent Agenda for individual consideration. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that the Consent Agenda be approved as amended. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. A. General - Consent Items 1. M&C G-18299 - Adopt Ordinance Increasing Receipts and Appropriations in the Temporary Labor Fund in the Amount Up to $500,000.00 and Authorize Transfer of Funds in the Amount Up to $500,000.00 from the Temporary Labor Fund to the General Fund (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21409-09-2014 increasing estimated receipts and appropriations in the Temporary Labor Fund in the amount up to $500,000.00, decreasing the assigned fund balance by the same amount, for the purpose of making a transfer to the General Fund; and authorize the transfer in the amount up to $500,000.00 from the Temporary Labor Fund to the General Fund. 2. M&C G-18300 - Authorize Amendment to the Project Boundaries for the Historic Carver Heights Street Light Project and Substantial Amendment to the City's 2006-2007, 2009-2010 and 2011-2012 Action Plans (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize an amendment to the project boundaries for the Historic Carver Heights Street Light Project; and authorize a substantial amendment to the City's 2006-2007, 2009-2010, and 2011-2012 Action Plans. 3. M&C G-18301 - Amend Ordinance No. 21237-05-2014 Increasing Appropriations in the Grant Fund in the Amount of$5,000.00 and Decreasing Stormwater Utility Fund in the Same Amount and Rescind In-Kind Funding in the Amount of $5,000.00 in Connection with a Grant from the Federal Emergency Management Agency and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 3 of 34 The City Council approved the following recommendation: Rescind $5,000.00 in-kind contribution from the Grant Fund; adopt Supplemental Appropriation Ordinance No. 21410-09- 2014 increasing appropriations in the Stormwater Utility Fund in the amount of $5,000.00, decreasing the available fund balance by the same amount, for the purpose of increasing the local match for the Cooperating Technical Partners Program through the Federal Emergency Management Agency (FEMA); authorize the transfer of$5,000.00 from the Stormwater Utility Fund to the Grant Fund as a City match; and adopt Appropriation Ordinance No. 21411-09-2014 increasing estimated receipts and appropriations in the Grant Fund in the amount of$5,000.00, for the same purpose as reflected above. 4. M&C G-18302 - Authorize Execution of a Lease Termination Agreement with Harry Phillips for the Termination of a Ground Lease at Fort Worth Spinks Airport, Authorize Payment in the Amount of $200,000.00 to Harry Phillips to Acquire Aircraft Hangar and Remaining Leasehold Interest, Authorize Use of Mineral Lease Revenue from City Airports and Adopt Appropriation Ordinances (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of a Lease Termination Agreement with Harry Phillips for the termination of City Secretary Contract No. 26591 (M&C L-13064) for a Ground Lease at Fort Worth Spinks Airport; authorize a payment in the amount of $200,000.00 to Harry Phillips for the acquisition of an aircraft hangar and remaining leasehold interest; adopt Supplemental Appropriation Ordinance No. 21412-09-2014 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $200,000.00 and decreasing the unassigned fund balance by the same amount, for the purpose of payment to Harry Phillips for the acquisition of leasehold interest and termination of the City Secretary Contract No. 26591, M&C L-13064; authorize the one-time use of revenue derived from mineral leases on City-owned airports in the amount of$200,000.00 to replenish the fund balance in the Municipal Airports Fund to comply with the Fiscal Management Policy requirement of 20 percent, as allowed under the Financial Management Policy; adopt Appropriation Ordinance No. 21413-09-2014 increasing estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of$200,000.00, from available funds, for the purpose of funding the replenishment of the fund balance in the Municipal Airports Fund; and authorize the transfer in the amount of$200,000.00 from the Airports Gas Lease Project Fund to the Municipal Airports Fund. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11691 - Authorize Agreement with One Call Concepts, Inc. d/b/a Lone Star 811 in the Amount Up to $52,200.00 for the First Year for One Call Notification Center Services for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an agreement with One Call Concepts, Inc. d/b/a Lone Star 811 in the amount up to $52,200.00 for the first year of one call notification center services for the Water Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 4 of 34 2. M&C P-11692 - Authorize Purchase of Oil Analysis Equipment from On-Site Analysis, Inc. in the Amount of $71050.00 for the Equipment Services Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase of oil analysis equipment from On-Site Analysis, Inc., in the amount of$71,050.00 for the Equipment Services Department. 4. M&C P-11694 - Authorize Non-Exclusive Purchase Agreements with Key Chemical Inc., Mosaic Crop Nutrition LLC, and Pencco Inc., for a Combined Amount Up to $230,000.00 for the First Year to Provide Hydrofluosilicic Acid for the Water Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Non-Exclusive Purchase Agreements with Key Chemical Inc., Mosaic Crop Nutrition LLC, and Pencco, Inc., for a combined amount up to $230,000.00 for the first year to provide hydrofluosilicic acid for the Water Department. 5. M&C P-11695 - Authorize Purchase of NICE Informa Equipment, Software and Maintenance from Motorola Solutions, Inc., in the Amount Up to $154,216.00 Using a Cooperative Contract for the Police Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of NICE Informa equipment, software and maintenance from Motorola Solutions, Inc., in the amount up to $154,216.00 using Houston and Galveston Area Council Cooperative Contract No. RA05-12 for the Police Department. 6. M&C P-11696 - Authorize Purchase of a 2015 Rotoboom Truck from Southwest International Trucks in the Amount of$178,870.14, Using a Cooperative Contract for the Code Compliance Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase of a 2015 Rotoboom truck from Southwest International Trucks in the amount of$178,870.14, using Texas Association of School Boards Cooperative Contract No. 430-13 for the Code Compliance Department. 7. M&C P-11697 - Authorize Purchase of Seven 2015 Heavy Duty Service Body Trucks from ATC Freightliner Group, LLC, in the Amount of$772,480.65, Using a Cooperative Contract for the Water Department (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 5 of 34 The City Council approved the fottowing recommendation: Authorize the purchase of seven 2015 heavy duty service body trucks from ATC Freightliner Group, LLC, in the amount of $772,480.65, using Texas Smartbuy Cooperative Contract No. 072-A1 for the Water Department. 8. M&C P-11698 - Authorize Purchase of Two 2014 Ford F150 Pickup Trucks from Caldwell Country Ford in the Amount of $58,464.00, Using a Cooperative Contract for the Aviation Department (COUNCIL DISTRICTS 2 and 6) The City Council approved the following recommendation: Authorize the purchase of two 2014 Ford F150 pickup trucks from Caldwell Country Ford in the amount of$58,464.00, using Texas Association of School Boards Cooperative Contract 430-13 for the Aviation Department. 9. M&C P-11699 - Authorize Purchase Agreement for State Required Examination and Certification Services with the Texas Commission on Fire Protection in the Amount Up to $78,625.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Purchase Agreement for examinations and certifications services with the Texas Commission on Fire Protection for an annual amount up to $78,625.00 for the first year. E. Award of Contract - Consent Items 1. M&C C-26938 - Authorize Execution of a Fair Housing Assistance Program Cooperative Agreement Through the Fort Worth Human Relations Commission with the United States Department of Housing and Urban Development for Fiscal Year 2015, Authorize Acceptance of Funds in the Amount Up to $825,825.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Fair Housing Assistance Program Cooperative Agreement through the Fort Worth Human Relations Commission with the United States Department of Housing and Urban Development for Fiscal Year 2015 and accept funds in the amount up to $825,825.00 for a contractual award in the amount up to $810,825.00, plus current and future accrued interest from contractual award funds in the amount up to $15,000.00; and adopt Appropriation Ordinance No. 21414-09-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of $825,825.00, subject to receipt of funds from the United States Department of Housing and Urban Development, for the purpose of funding a Fair Housing Assistance Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 6 of 34 2. M&C C-26939 - Authorize Execution of a Communications System Agreement with the City of Midlothian for Participation in the City of Fort Worth's Public Safety Radio System for Interoperable Communications in Mutual Aid or Other Multi-Agency Operations 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 Midlothian for participation in the City of Fort Worth's Public Safety Radio System for interoperable communications in situations involving mutual aid or other multi-agency operations. 3. M&C C-26940 - Authorize Execution of a Communications System A14reement with the City of White Settlement for Participation in the City of Fort Worth's Public Safety Radio System for Interoperable Communications in Mutual Aid or Other Multi-Agency Operations 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 White Settlement for participation in the City of Fort Worth's Public Safety Radio System for interoperable communications in situations involving mutual aid or other multi-agency operations. 4. M&C C-26941 - Authorize Execution of a Professional Services Agreement with Network Cabling Services, Inc., in the Amount of $200,000.00 Annually for Installation of Indoor/Outdoor Low Voltage Cabling (Copper, Fiber and Associated Pathways) for the Information Technology Solutions Department Using a Texas Department of Information Resources Contract (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Professional Services Agreement with Network Cabling Services, Inc., in the amount of$200,000.00 annually for the installation of indoor/outdoor low voltage cabling (copper, fiber and associated pathways) for the Information Technology Solutions Department using Texas Department of Information Resources Contract No. DIR-SDD-1900. 5. M&C C-26942 - Authorize Execution of a Communications System Agreement with Union Pacific Railroad Company for Participation in the City of Fort Worth's Public Safety Radio System for Interoperable Communications in Mutual Aid or Other Multi-Agency Operations at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 7 of 34 The City Council approved the following recommendation: Authorize the execution of a Communications System Agreement with Union Pacific Railroad Company for participation in the City of Fort Worth's Public Safety Radio System for interoperable communications in situations involving mutual aid or other multi-agency operations. 6. M&C C-26943 - Authorize Execution of an Agreement with Accela, Inc., at an Estimated Cost of $157,416.00 for the Purchase of Software Implementation and Training Services for Electronic Document Review for the Planning and Development Department Using a Cooperative Purchase Agreement (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Accela, Inc., at an estimated cost of $157,416.00 for the purchase of software implementation and training services for electronic document review for the Planning and Development Department using Government Services Administration Contract No. GS-35F- 0249R. 7. M&C C-26944 - Authorize Execution of Amendment to the Community Facilities Agreement with Moriah Real Estate Company, LLC, City Secretary Contract No. 44303, and Authorize City Participation in an Amount Not to Exceed $78,823.00 for Upsizin2 the Waterline from Twelve Inches to Sixteen Inches to Serve Moriah at Timberland, a Development Located in Fort Worth (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an amendment to the Community Facilities Agreement with Moriah Real Estate Company, LLC, to include City participation in an amount not to exceed $78,823.00 for costs related to upsizing the waterline from 12 inches to 16 inches to serve Moriah at Timberland, a development located in Fort Worth. 8. M&C C-26945 - Authorize Execution of an Agreement with Tarrant County and the Tarrant County Tax Assessor-Collector for Approximately $471,834.00 for Ad Valorem Tax Assessment and Collection Services for Fiscal Year 2015 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Tarrant County and the Tarrant County Tax Assessor-Collector for assessment and collection services of ad valorem taxes levied by the City of Fort Worth for Fiscal Year 2015 covering the period October 1, 2014, to September 30, 2015, with a unit-based cost in the amount of$1.10 per account for property located within Tarrant County and the amount of$2.60 per account for property located outside the County, resulting in an overall annual cost of approximately $471,834.00. 9. M&C C-26946 - Authorize Execution of an Agreement with International City Management Association Retirement Corporation in the Annual Amount Not to Exceed $36,000.00 Per Year to Provide Administrative Services for the City's FICA Alternative Plan (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 8 of 34 The City Council approved the following recommendation: Authorize the City Manager to execute an agreement with International City Management Association Retirement Corporation with an annual account maintenance cost of$25.00 per participant and a total annual amount not to exceed $36,000.00 per year, to administer the City's FICA Alternative Plan. 10. M&C C-26947 - Authorize Execution of an Agreement with Consolidated Traffic Controls Inc. in the Amount Up to $584,000.00 for a School Zone Beacon Warning System Upgrade (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of an agreement with Consolidated Traffic Controls, Inc., in the amount up to $584,000.00 for services to upgrade the City-wide school zone beacon warning system. 11. M&C C-26948 - Authorize Execution of Amendment No. 4 to City Secretary Contract No. 39970, an Engineering Services Agreement with Dunaway Associates L.P. in the Amount of $100,205.77, for the Desitin of Summer Creek Drive Utilizing the Street Improvements 2008 Fund, Thereby Increasing the Total Amount to $710,323.77 (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the execution of Amendment No. 4 to City Secretary Contract No. 39970, an Engineering Services Agreement with Dunaway Associates, L.P., in the amount of$100,205.77, for the design of Summer Creek Drive utilizing the Street Improvements 2008 Fund, thereby increasing the total amount to $710,323.77. 12. M&C C-26949 - Authorize Execution of an Engineering Services Agreement with Dunaway Associates, L.P., in an Amount Not to Exceed $68,856.23 for the Design of Summer Creek Drive from Posada Drive to Rancho Verde Parkway and Adopt Appropriation Ordinances (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21415-09-2014 increasing estimated receipts and appropriations in the Special Assessments Fund in the amount of$68,856.23, from available funds, for the purpose of design of Summer Creek Drive from Posada Drive to Rancho Verde Parkway; authorize transfer of $68,856.23 from the Special Assessments Fund to the Street Improvements 2008 Fund; adopt Appropriation Ordinance No. 21416-09-2014 increasing estimated receipts and appropriations in the Street Improvements 2008 Fund in the amount of $68,856.23, from available funds, for the same purpose as reflected above; and authorize execution of an Engineering Services Agreement with Dunaway Associates, L.P., in an amount not to exceed $68,856.23, for the same purpose as reflected above. 13. M&C C-26950 - Authorize Execution of a Professional Services Agreement with Atkins North America, Inc., in the Amount of $215,000.00 for the Central Meadowbrook Neighborhood Drainage Master Plan (COUNCIL DISTRICT 8) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 9 of 34 The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with Atkins North America, Inc., in the amount of$215,000.00 for the Central Meadowbrook Neighborhood Drainage Master Plan. 14. M&C C-26951 - Authorize Execution of a Professional Services Agreement with Pacheco Koch Consulting Engineers, Inc., in the Amount of $244,160.00 for the South Hemphill Heights Neighborhood Drainage Master Plan (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with Pacheco Koch Consulting Engineers, Inc., in the amount of$244,160.00 for the South Hemphill Heights Neighborhood Drainage Master Plan. 15. M&C C-26952 - Authorize Execution of a Professional Services Agreement with Stream Water Group, Inc., in the Amount of $200,000.00 for Miscellaneous Culvert Crossing Evaluations (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with Stream Water Group, Inc., in the amount of$200,000.00 for miscellaneous culvert crossing evaluations. 16. M&C C-26953 - Authorize Execution of a Professional Services Agreement with J.S. Ground Engineering, LLC, in the Amount of $200,000.00 for Miscellaneous Drainage Investigations (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with J.S. Ground Engineering, LLC, in the amount of $200,000.00 for miscellaneous drainage investigations. 17. M&C C-26954 - Adopt Appropriation Ordinance in the Amount of $103,729.50 for the Police Department's Participation in the Federal Bureau of Investigation's Tarrant County Safe Streets Task Force (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21417-09-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of $103,729.50, subject to receipt of a grant from the United States Federal Bureau of Investigation, for the purpose of reimbursing the Fort Worth Police Department for overtime costs related to work performed by the Department's officers assigned to the Tarrant County Safe Streets Task Force for Fiscal Years 2014 and 2015. 18. M&C C-26955 - 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 of$117,754.25 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 10 of 34 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 of $117,754.25 for reimbursement of overtime worked by the assigned officers and a portion of the regular salary of the support personnel; and adopt Appropriation Ordinance No. 21418-09-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of $117,754.25, from available funds, for the same purpose as reflected above. 19. M&C C-26956 - Adopt Appropriation Ordinance in the Amount of$34,576.50 for the Police Department's Participation in the North Texas High Intensity Drug Trafficking Area Commercial Smuggling Initiative (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21419-09-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of $34,576.50, subject to receipt of a grant from the United States Drug Enforcement Administration for participation in the North Texas High Intensity Drug Trafficking Area Commercial Smuggling Initiative, for the purpose of reimbursing the Fort Worth Police Department for overtime costs related to work performed by the Department's officers assigned to the North Texas High Intensity Drug Trafficking Area Commercial Smuggling Initiative Task Force for Fiscal Years 2014 and 2015. 20. M&C C-26957 - Authorize Transfer of Funds from the Special Trust Fund, Juvenile Case Manager and Municipal Court Building Security Proiects to the General Fund for Salary Reimbursement for Student Attendance Court Support Staff and Fiscal Year 2014 Building Security and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21420-09-2014 increasing estimated receipts and appropriations in the Special Trust Fund, Juvenile Case Manager Project, in the amount of $194,713.00, from available funds, for the purpose of transferring this amount to the General Fund for the reimbursement of salary for student attendance court support staff in FY 2014; authorize the transfer in the amount of $194,713.00 from the Special Trust Fund, Juvenile Case Manager Project to the General Fund; adopt Appropriation Ordinance No. 21421-09-2014 increasing estimated receipts and appropriations in the Special Trust Fund, Municipal Court Building Security Project, in the amount of$239,408.00, from available funds, for the purpose of transferring this amount to the General Fund for reimbursement of FY 2014 building security expenses; and authorize a transfer in the amount of$239,408.00 from the Special Trust Fund, Municipal Court Building Security Project, to the General Fund. 21. M&C C-26958 - Authorize Execution of a Two Year License Agreement with Fiesta Mart, Inc., for a Total Amount of$26,400.00 to Lease Satellite Office Space Located at 102 Northwest 28th Street for the Municipal Court Services Department(COUNCIL DISTIRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 11 of 34 The City Council approved the following recommendation: Authorize the execution of a two- year License Agreement with the Fiesta Mart, Inc., to lease office space for the Municipal Court Satellite Customer Service Center in the Carnival Food Store located 102 Northwest 28th Street at the corner or Northwest 28th Street and North Main Street. 22. M&C C-26959 - Authorize Execution of a Lease Agreement with Williams Scotsman, Inc., Using the Cooperative Purchasing Network Contract No. R507, in the Amount Up to $513,704.00 for the Lease of Modular Buildings to be Used at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a Lease Agreement with Williams Scotsman, Inc., using the Cooperative Purchasing Network Contract No. R507, in the amount up to $513,704.00 for the lease of modular buildings to be used at Fort Worth Meacham International Airport. 23. M&C C-26960 - Authorize Execution of an Engineering Agreement with Wade Trim, Inc., in the Amount of $227,220.00 for Water and Sanitary Sewer Replacement Contract 2014, WSM-D on Dahlen Street, Ewing Avenue, Gilbert Drive, Dilworth Street, Grande Court, South Hughes Avenue, Panola Avenue, Rufus Street and Wiman Drive, Provide for Proiect Management, Utility Coordination and Material Testing Costs for a Project Total in the Amount of $245,220.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 3 and 5) The City Council approved the following recommendation: Authorize the transfer of $245,220.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$154,421.00 and the Sewer Capital Projects Fund in the amount of$90,799.00; adopt Appropriation Ordinance No. 21422-09-2014 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $154,421.00, from available funds, for the purpose of funding Water and Sanitary Sewer Replacement Contract 2014, WSM-D; adopt Appropriation Ordinance No. 21423-09-2014 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$90,799.00, from available funds, for the same purpose as reflected above; and authorize the execution of an Engineering Agreement with Wade Trim, Inc., in the amount of$227,220.00 for the same purpose as reflected above. 24. M&C C-26961 - Authorize Execution of an Engineering Agreement with EBG Engineering LLC, in the Amount of $250,329.00 for Water and Sanitary Sewer Replacement Contract 2014, WSM-E on Wedgway Drive, Wimbleton Way, Western Avenue, East Jessamine Street, East Lowden Street, Rand Street, Conroy Street and Stafford Drive, Provide for Proiect Management, Utility Coordination and Material Testing Costs for a Project Total in the Amount of $268,329.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 6, 7 and 8 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9,2014 Page 12 of 34 The City Council approved the following recommendation: Authorize the transfer of $268,329.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$161,701.00 and the Sewer Capital Projects Fund in the amount of$106,628.00; adopt Appropriation Ordinance No. 21424-09-2014 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $161,701.00, from available funds, for the purpose of funding Water and Sanitary Sewer Replacement Contract 2014, WSM-E; adopt Appropriation Ordinance No. 21425-09-2014 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $106,628.00, from available funds, for the same purpose as reflected above; and authorize the execution of an Engineering Agreement with EBG Engineering LLC, in the amount of$250,329.00 for the same purpose as reflected above. 25. M&C C-26962 - Authorize Provision of Water and Sanitary Sewer Service at 1.25 Times the Retail Rate to the Property Located at 2185 Golden HeisEhts Road in Tarrant County, Pursuant to City Code Section 35-60B, Uses Outside City (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the Water Department to provide water and sanitary sewer service at 1.25 times the retail rate to property located at 2185 Golden Heights Road in Tarrant County, pursuant to City Code Section 35-60B Uses Outside City; and authorize the execution of an agreement for such services. 26. M&C C-26963 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 44676 with Kimley-Horn and Associates, Inc., in the Amount of $143,200.00 for the Design of the Caylor 5 Million Gallon Ground Storage Tank, Thereby Increasing the Total Contract Cost to $566,050.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize execution of Amendment No. 1 to City Secretary Contract No. 44676 with Kimley-Horn and Associates, Inc., in the amount of$143,200.00 for the design of the Caylor 5 million gallon ground storage tank, thereby increasing the contract cost to $566,050.00. 27. M&C C-26964 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 45280, an Engineering Agreement with Lockwood, Andrews & Newnam, Inc., in the Amount of $168,311.00 for a Total Revised Contract Amount of $744,139.00 for Sycamore Creek Drainage Basin Parallel Interceptor Improvements at Various Locations Within the Sycamore Creek Drainage Basin and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 13 of 34 The City Council approved the following recommendation: Authorize the transfer of $168,311.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 21426-09-2014 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $168,311.00, from available funds, for the purpose of funding Sycamore Creek Drainage Basin Parallel Inceptor improvements at various locations; and authorize the execution of Amendment No. 1 to City Secretary Contract No. 45280, an Engineering Agreement with Lockwood, Andrews & Newnam, Inc., in the amount of $168,311.00 for the same purpose as reflected above, thereby increasing the contract amount to $744,139.00. 28. M&C C-26965 - Authorize Execution of an Agreement with the Fort Worth Independent School District in the Amount Up to $51,026.00 for Operation of the Fort Worth After School Program at Como Elementary School for the 2014-2015 School Year and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of an agreement with the Fort Worth Independent School District in the amount up to $51,026.00 to provide the Fort Worth After School Program at Como Elementary School for the 2014-2015 school year; and adopt Appropriation Ordinance No. 21427-09-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of 551,026.00, subject to receipt of a grant from the Fort Worth Independent School District for the same purpose as reflected above. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1933 - Notice of Claims for Alleged Damages and/or Iniuries End of Consent Agenda. B. Purchase of Equipment, Materials, and Services - Removed from Consent Agenda 3. M&C P-11693 - Authorize Purchase Agreement with Total Environment LLC, in the Amount Up to $75,000.00 for the First Year to Provide Planting Bed Maintenance and Litter Removal Services for the Parks and Community Services Department (COUNCIL DISTRICT 9) It was recommended that the City Council authorize a Purchase Agreement with Total Environment LLC, to providing planting bed maintenance and litter removal services for the Parks and Community Services Department in the amount up to 575,000.00 for the first year. Motion: Council Member Zadeh made a motion, seconded by Council Member Scarth, that Mayor and Council Communication P-11693 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 14 of 34 IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations, introductions, etc. City Secretary Kayser advised that Mayor and Council Communication G-18303 was a donation and would be moved up on the agenda. B. General 1. M&C G-18303 - Authorize Acceptance of a Monetary Gift from the Community Foundation of North Texas in the Amount of $78,560.00 to Fund Two Full-Time Overage Staff Positions in the Chuck Silcox Animal Shelter Medical Treatment Ward for Fiscal Year 2015 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 5) It was recommended that the City Council authorize the acceptance of a monetary gift from the Community Foundation of North Texas in the amount of$78,560.00 for the purpose of funding salaries and benefits for two full-time overage positions in Fiscal Year 2015; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of$78,560.00 subject to receipt of a donation from Community Foundation of North Texas, for the purpose of funding two overage staff positions at the Chuck Silcox Animal Shelter Medical Treatment Ward for Fiscal Year 2015; and authorize a transfer from the Special Trust Fund to the General Fund in the amount of$78,560.00 and adopt an appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $78,560.00 from the Special Trust Fund upon receipt of a donation from Community Foundation of North Texas, for the same purpose as reflected above. Motion: Council Member Bivens made a motion, seconded by Council Member Espino, that Mayor and Council Communication G-18303 be approved with appreciation and Appropriation Ordinance Nos. 21428-09-2014 and 21429-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. Council Member Bivens presented a Certificate of Recognition to Ms. Vicki Andrews, Director of Operations and Donor Services, Community Foundation of Texas. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Council Members Espino, Scarth, Shingleton and Zadeh announced upcoming and recent events within the City and various Council districts. 2. Recognition of Citizens There was no recognition of citizens. 3. Approval of Ceremonial Travel There was no approval of ceremonial travel. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9,2014 Page 15 of 34 XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: On behalf of Mayor Pro tem Zimmerman, Council Member Zadeh made a motion, seconded by Council Member Espino, that Ms. Moiri Brown be appointed to Place 3 on the Board of Adjustment - Residential, effective September 9, 2014, and with a term expiring October 1, 2015. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 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. RESOLUTION L A Resolution Appointing Eight Members to the Board of the Fort Worth Transportation Authority It was recommended that the City Council adopt a resolution appointing the following members to the Fort Worth Transportation Authority Executive Committee, effective September 9, 2014: Council District Name Council Member 2 Neftali Ortiz Sal Espino 3 Scott Mahaffey Zim Zimmerman 4 Ken Newell Danny Scarth 5 Dennis Dunkins Gyna M. Bivens 6 Jeff King Jungus Jordan 7 Carter Burdette Dennis Shingleton 8 Andr6 McEwing Kelly Allen Gray 9 Jeff Davis Ann Zadeh Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Resolution No. 4352-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 16 of 34 XIV. ZONING HEARING It appeared that the City Council, at its meeting of August 5, 2014, continued Zoning Docket ZC-14-038. 1. ZC-14-038 - CD 5 - David Matoke 11601 Mosier Valle Road; from: "PD-534" Planned Development/Specific Use for a vehicle exchange facility with no more than 20 parking spaces and no outside storage; site plan required to: Amend to "PD/I" Planned Development for all uses in "I" Light Industrial plus outdoor Stora a without a Primary use; site plan included. Recommended for Denial b the Zoning Commission) (Continued from a Previous Meeting) Mr. Dennis Hopkins, 2131 North Collins Street, Suite 433-637, Arlington, Texas, appeared before Council in support of Zoning Docket ZC-14-038. Mr. Benny Tucker, 3404 Fite Street, completed a comment card in support of Zoning Docket ZC-14-03 8. Motion: Council Member Bivens made a motion, seconded by Council Member Espino, that Zoning Docket ZC-14-038 be denied without prejudice. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on August 21, 2014. 2. ZC-14-089 - (CD 2) - Mohammed Ali Hussain, 3404 N. Elm Street; from: "A-5" One-Family to: "ER" Neighborhood Commercial Restricted (Recommended for Approval as Amended to "ER" Neighborhood Commercial Restricted) Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-14-089 be continued to the October 14, 2014, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 3. ZC-14-090 - (CD 8) - TJB Enterprises, LLC, 7125-7209 Anglin & 4720 Esco Drive; from: "J" Medium Industrial to: "K" Heavy Industrial (Recommended for Approval by the Zoning Commission) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 17 of 34 Mr. Karl Stauss, 3767 Forest Lane, Dallas, Texas, completed a speaker card in support of Zoning Docket ZC-14-090 and was recognized by Mayor Pro tem Zimmerman but did not wish to address Council. Ms. Judith Crowder, 901 North Throckmorton Street, appeared before Council in support of Zoning Docket ZC-14-090. Motion: Council Member Allen Gray made a motion, seconded by Council Member Jordan, that Zoning Docket ZC-14-090 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. ZC-14-091 - (CD 6) - Tarrant County, 800 E. Rendon Crowley Road; from: "AG" Agricultural and "I" Light Industrial to: "I" Light Industrial (Recommended for Approval by the Zoning Commission) Mr. James Wu, 500 West 7th Street, Suite 350, completed a speaker card in support of Zoning Docket ZC-14-091 and was recognized by Mayor Pro tem Zimmerman but did not wish to address Council. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-14-091 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 5. ZC-14-092 - (CD 7) - 4905 White Settlement, LLC, 4901, 4905, 4911 and 4915 White Settlement Road & 104-106 Nursery Lane; from: "B" Two-Family and "E" Neighborhood Commercial to: "MU-1" Low Intensity Mixed-Use (Recommended for Approval by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-092 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 6. ZC-14-094 - (CD 7) - Phase III Investments, L. P., 12749 NW Highway 287; from: "AG" Agricultural to: "A-5" One-Family and "C" Medium Density Multifamily (Recommended for Approval by the Zoning Commission) Mr. Justin Light, 500 West 7th Street, Suite 600, completed a speaker card in support of Zoning Docket ZC-14-094 and was recognized by Mayor Pro tem Zimmerman but did not wish to address Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 18 of 34 Mr. Jim Schell, 500 West 7th Street, Suite 600, completed an undecided speaker card relative to Zoning Docket ZC-14-094 and was recognized by Mayor Pro tem Zimmerman but was not present in the Council Chamber. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-094 be continued to the October 14, 2014, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 7. ZC-14-096 - (CD 9) - Will Ed Wadley, 120 University Drive; from: "E" Nei hborhood Commercial to expand "PD-458" for additional acres a and open air storage buildings; site plan included. (Recommended for Approval as Amended by the Zoning Commission to include wrought iron fence with masonry columns and remove two driveways) Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-096 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 8. ZC-14-097 - (CD 9) - Legacy Capital Investment, Gibson Lewis & Jennifer Dennis, Generally portions of the 2300-2400 blocks of McLemore, Race, Akers, Marshall, Gillis and Belknap; from: "A-5" One-Family, "B" Two-Family, "C" Medium Density Multifamily, "I" Liaht Industrial, "J" Medium Industrial to: "UR" Urban Residential, "MU-1" Low Intensity Mixed-Use and "MU-2" Hip-h Intensity Mixed-Use (Recommended for Approval by the Zoning Commission) Mr. Tom Galbreath, representing Dunaway Associates, 550 Bailey Avenue, Suite 400, appeared before Council in support of Zoning Docket ZC-14-097. The following individuals completed speaker cards in support of Zoning Docket ZC-14-097 and were recognized by Mayor Pro tem Zimmerman but were not present in the Council Chamber: Ms. Janice Michel, 2115 Primrose Avenue Mr. Don Szczesny, representing Dunaway Associates, 550 Bailey Avenue, Suite 400 The following individuals completed comment cards in support of Zoning Docket ZC-14-097: Mr. Greg Reynolds, 2311 Daisy Lane Mr. Aaron Latchaw, 2105 Morning Glory Mr. Jarrett Michel, 2115 Primrose Avenue Ms. Sheri Meyers, 2515 Primrose Avenue Mr. Michael Spencer, 3024 Goldenrod Avenue Mr. Sam Stavron, 1202 Bluebonnet Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 19 of 34 The following individuals completed speaker cards in opposition to Zoning Docket ZC-14-097 and were recognized by Mayor Pro tem Zimmerman but were not present in the Council Chamber: Ms. Kathryn Omarkhail, 2055 West Lotus Avenue Ms. Wendy Roach, 1240 Kelpie Court The following individuals completed comment cards in opposition to Zoning Docket ZC-14-097: Ms. Sharon Buse, 1805 Bluebonnet Drive Mr. Josef Kutilek, 1805 Bluebonnet Drive Ms. Linda Plemons, 2021 Daisy Lane Mr. Ashley Voss, 1917 West Lotus Avenue, appeared before Council undecided relative to Zoning Docket ZC-14-097. Mr. Frank Turrella, 1112 Brae Court, completed an undecided comment card relative to Zoning Docket ZC-14-097. Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-097 be continued to the September 16, 2014, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 9. ZC-14-099 - (CD 9) - Maria Victorio, 1200 & 1212 W. Fuller Avenue; from: "B" Two-Family and "CF" Community Facilities to: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus banquet/meeting hall with alcohol sales; site plan waiver recommended. (Recommended for Approval by the Zoning Commission) Mr. Justin Light, 500 West 7th Street, completed a speaker card in support of Zoning Docket ZC-14-099 and was recognized by Mayor Pro tem Zimmerman but did not wish to address Council. Mr. Alonzo Aguilar, 3725 Stuart Drive, appeared before Council in support of Zoning Docket ZC-14-099. Motion: Council Member Zadeh made a motion, seconded by Council Member Scarth, that Zoning Docket ZC-14-099 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 20 of 34 10. ZC-14-100 - (CD 9) - City of Fort Worth Planning & Development Petition, 2600 block of Boyd Avenue; from: "B" Two-Family to: "A-7.5" One-Family Recommended for Approval by the Zoning Commission Mr. Justin Hoover, 2629 Boyd Avenue, appeared before Council in support of Zoning Docket ZC-14-100. Mr. Michael Appleman, 2600 Block of Highview Terrace, completed a comment card in support of Zoning Docket ZC-14-100. Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-100 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 11. ZC-14-101 - (CD-ALL) - City of Fort Worth Planning & Development, Text Amendment: Create Airport Overlay District for Naval Air Station Fort Worth Joint Reserve Base; An Ordinance amending the Zonina 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: Section 4.405 "Airport/Airfield Overlay" ("AO") District of Article 4 "Overlay Districts", of Chapter 4, "District Regulations" to amend Section 4.405C, "Naval Air Station Fort Worth Joint Reserve Base"; providing regulations for Airport/Airfield Overlay Zones ("AO") for the NASFW JRB (Recommended for Approval by the Zoning Commission) Captain Gil Miller, 1510 Chennault Avenue, appeared before Council in support of Zoning Docket ZC-14-101. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-101 be approved and Ordinance No. 21430-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 12. ZC-14-102 - (CD 3, CD 7) - City of Fort Worth Planning & Development Map Amendment Airport Overlay District for Naval Air Station Fort Worth Joint Reserve Base, Generally bounded by Lake Worth, Silver Creek Road, Loop 820, Mary's Creek, Bryant Irvin, Roaring Springs Road, Trinity River; from: Multiple Zoning Districts to: Add Airport Overlay ("AO") District (Recommended for Approval by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Zoning Docket ZC-14-102 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 21 of 34 13. ZC-14-104 - (CD-ALL) - City of Fort Worth Planning & Development: Text Amendment: Game Rooms and Gaming; 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 3 'Planned Development ("PD") District" to add game rooms in Section 4.305;Section 4.800 "Nonresidential District Use Table" and 4.1200 "Form Based Districts Use Table" to add game rooms by Planned Development District: and Chapter 9, "Definitions", Section 9.101, "Defined Terms" (Recommended for Approval by the Zoning Commission for the August 8 Draft of Ordinance) Ms. Melinda Ramos, Senior Assistant City Attorney Section Chief, Law Department, appeared before Council and advised that according to Texas Penal Code Chapter 47, Section 47.01(4)(b), gaming machines could only be used for entertainment purposes and award players with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5.00, whichever was less. She stated that the City had been regulating these businesses under the category of indoor amusements and that there were currently game rooms and gaming machines throughout the City. She added that the Law Department met with Planning and Development to make a determination regarding the land use for indoor amusements and the planned development process. She further stated that the Texas Occupational Code also allowed municipalities to regulate zoning with a distance setback of 300 feet between schools, churches and hospitals, and define where the gaming machines would be located. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, appeared before Council and advised that game rooms were currently listed in the indoor amusement category and allowable in all commercial and industrial zoning districts with the exception of "ER" Neighborhood Commercial Restricted districts. She stated that the gaming machines could be found in any commercial or industrial business as an accessory use to the primary use of the property, such as a gas station or a convenience store, and that indoor amusement was not listed in the permit because gaming was not the primary use of the business. She added "PD" Planned Development zoning districts would classify businesses with three or more gaming machines as a gaming center regardless of the primary use of the business. She advised that the distance setbacks would be the same as those used for alcohol sales and stated that gaming centers would not be allowed within 300 feet of one- or two-family residential districts, as well as from a church, school or hospital, unless Council approved a variance from the setback. She further added that the facility would be clearly labeled, the windows would be transparent so that Police and Code Compliance could observe activities inside, and large gaming centers would be limited to 2,000 square feet in size. She pointed out that an ordinance would differentiate from state law as to the meaning of amusement redemption machines from other kinds of amusement games found in an arcade. She clarified that the ordinance would not interfere with Police enforcement of the laws, but there would be an effect on Code Compliance in order to determine where the sites were located and conducting inspections, and that the applicant then have 30 days to initiate the zoning change to "PD" Planned Development. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 22 of 34 Mr. Brandon Bennett, Director, Code Compliance Department, appeared before Council and explained that although gambling was still illegal, an ordinance would allow for inspections and code enforcement of the gaming centers. He added that Code Compliance would be able to assist with zoning inspections, serve warrants, check certificates of occupancy and permits, as well as food, health, sanitation and general violations. He stated that a land use designation, such as "PD" Planned Development, would help Code Compliance enforce rules for the gaming centers. He stated that the current four officers would need to be reclassified as Senior Enforcement Officers and an additional two officers would need to be hired to free up code officer time in the neighborhoods. He further added that the Senior Officers would also be specifically trained in gambling enforcement. He pointed out that a complementary ordinance would need to be established that included a fee structure so taxpayers would not be burdened with the cost of new officers. Captain Charles Ramirez, Chief of Staff, Police Department, appeared before Council and stated that the zoning ordinance would not change police enforcement. He added that the ordinance would make the businesses easier to track and identify them more quickly. He explained the process of following up on a citizen complaint and issuance of a warrant when necessary. He pointed out that if arrests were made, the cases would still go through the criminal justice process with the District Attorney's Office. Mr. Monnie Gilliam, 1100 Vicki Lane, completed a speaker card in support of Zoning Docket ZC-14-104. Ms. Lisa Scott, 2833 Putnam Street, completed a speaker card in support of Zoning Docket ZC- 14-104 and was recognized by Mayor Pro tem Zimmerman but was not present in the Council Chamber. The following individuals completed comment cards in support of Zoning Docket ZC-14-104: Ms. Janice Michel, 2115 Primrose Avenue Mr. Jarrett Michel, 2115 Primrose Avenue Mr. Roger Bunch, 2508 Tandy Avenue The following individuals appeared before Council in opposition to Zoning Docket ZC-14-104: Mr. Ashley Voss, 1917 West Lotus Avenue Ms. Janet Kennedy, 5024 Norma Street Mr. Phillip Dye, 5608 Charlott Street Ms. Debby Stein, 2417 Stadium Drive Mr. Darin Hoppe, 3200 Mt. Vernon Mr. Michael Sanford, 4132 Ben-mar Street Ms. Judy Taylor, 2604 Stark Street Ms. Lynelle Dye, 5608 Charlott Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 23 of 34 The following individuals completed comment cards in opposition to Zoning Docket ZC-14-104: Ms. Betty Story, 2625 Canton Drive Ms. Connie Ray, 2625 Canton Drive Mr. Jerry Stockton, 1801 Robinwood Drive Mr. Johnny Lewis, 953 East Terrell Ms. Dorothy Jo Vitek, 4132 Benmar Street The following individuals appeared before Council undecided relative to Zoning Docket ZC-14- 104: Mr. Rick Hostler, 1614 Jenson Road Mr. Mike Phipps, 4451 Normandy Ms. Cindy Boling, 4717 Norma Street Mr. Eddie Sakeeka, 4451 Normandy Road Mr. Curtis Smith, 4101 Meadowbrook Drive Ms. LuWayne Hauser, 6001 Monterrey Drive Mr. Geoff Malecky, 2401 North Edgewood Terrace, completed an undecided comment card relative to Zoning Docket ZC-14-104. Motion: Council Member Scarth made a motion, seconded by Council Member Jordan, that Zoning Docket ZC-14-104 be continued to the October 14, 2014, Council meeting, and that no indoor amusement certificates of occupancy be issued for 30 days. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Scarth made a motion, seconded by Council Member Jordan, that the hearing be closed and Ordinance No. 21431-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 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-316 through BH-323; adopt ordinances levying special assessments and appropriating funds for the 2014 tax year; and authorize execution of management agreements for the following PIDS: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 24 of 34 • 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 Pro tem Zimmerman opened the public hearing. 1. M&C BH-316 - Conduct a Public Benefit Hearing for Public Improvement District 1 Downtown PID ConcerninlZ the Proposed 2014-2015 Bud et in the Amount of $2,750,159.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $1,758,000.00, 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 Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$2,088,356.00 and Authorize Transfer in the Amount of$41,218.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2014-2015 Proiect Account to the General Fund and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) (PUBLIC HEARING) 2. M&C BH-317 - Conduct a Public Benefit Hearing for Public Improvement District 6, Park Glen PID, Concerning the Proposed 2014-2015 Budget in the Amount of $1,720,743.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $1,206,700.00, 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 Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$1,380,743.00 and Authorize Transfer in the Amount of$24,133.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 6 Fiscal Year 2014-2015 Proiect Account to the General Fund and Authorize Execution of an Agreement with FirstService Residential to Manage the District (COUNCIL DISTRICT 4) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 25 of 34 3. M&C BH-318 - Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Concerning the Proposed 2014-2015 Budget in the Amount of $2,151,640.00 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 Services, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of$1,578,278.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$1,751,640.00 and Authorize Transfer in the Amount of$31,566.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 7 Fiscal Year 2014-2015 Proiect Account to the General Fund and Authorize Execution of an Agreement with FirstService Residential to Manage the District (COUNCIL DISTRICTS 4 and 7) (PUBLIC HEARING) 4. M&C BH-319 - Conduct a Public Benefit Hearing for Public Improvement District 8, Camp Bowie Corridor PID, Concerning the Proposed 2014-2015 Budget in the Amount of $497,328.00 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 2014 Tax Year in the Amount of $410,047.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$449,808.00 and Authorize Transfer in the Amount of$8,200.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 8 Fiscal Year 2014-2015 Proiect Account to the General Fund and Authorize Execution of an Agreement with Camp Bowie District, Inc., to Manage the District (COUNCIL DISTRICTS 3 and 7) (PUBLIC HEARING) 5. M&C BH-320 - Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Concerning the Proposed 2014-2015 Budget in the Amount of$90,070.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $67,399.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of $67,399.00 and Authorize Transfer in the Amount of $2,000.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 11 Fiscal Year 2014-2015 Proiect Account to the General Fund and Authorize Execution of an Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to Manage the District (COUNCIL DISTRICT 2) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 26 of 34 6. M&C BH-321 - Conduct a Public Benefit Hearing for Public Improvement District 12 Chapel Hill PID Concerninjj the Proposed 2014-2015 Bud et in the Amount of$74,112.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $68,829.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of $68,829.00 and Authorize Transfer in the Amount of $2,000.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 12 Fiscal Year 2014-2015 Project Account to the General Fund and Authorize Execution of an Agreement with Capital Consultants Management Corporation to Manage the District (COUNCIL DISTRICT 7) (PUBLIC HEARING) 7. M&C BH-322 - Conduct a Public Benefit Hearing for Public Improvement District 14, Trinity Bluff PID, Concerning the Proposed 2014-2015 Budget in the Amount of$75,624.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $45,000.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of $45,000.00 and Authorize Transfer in the Amount of $2,000.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 14 Fiscal Year 2014-2015 Project Account to the General Fund and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) (PUBLIC HEARING) 8. M&C BH-323 - Conduct a Public Benefit Hearing for Public Improvement District 15, Sun Valley PID, Concerning the Proposed 2014-2015 Budget in the Amount of$90,903.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $73,767.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of $73,767.00 and Authorize Transfer in the Amount of $2,000.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 15 Fiscal Year 2014-2015 Project Account to the General Fund and Authorize Execution of an Agreement with ORASI Development, LLC, to Manage the District (COUNCIL DISTRICT 5) (PUBLIC HEARING) a. Report of City Staff Ms. Ossana Hermosillo, Business Development Manager, Housing and Economic Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 27 of 34 b. Citizen Presentations The following individuals completed undecided speaker cards relative to Mayor and Council Communication BH-319 and were recognized by Mayor Pro tem Zimmerman but were not present in the Council Chamber: Mr. Paul McKinney, 8205 Camp Bowie West, Suite 201 Ms. Christy Thomas, 8205 Camp Bowie West, Suite 201 Ms. Kristin Jaworski, 131A East Exchange Avenue, completed a speaker card in support of Mayor and Council Communication BH-320 and was recognized by Mayor Pro tem Zimmerman but did not wish to address Council. C. Council Action Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the Fort Worth City Council close the public hearings for Mayor and Council Communications BH-316 through BH-323; approve the Fiscal Year 2015 budget and five-year service plans; adopt the following ordinances levying special assessments for the 2014 tax year and transferring and appropriating funds for Fiscal Year 2014-2015; and authorize execution of the management agreements for the PIDS for Fiscal Year 2014-2015: Mayor and Council Assessment Appropriation Communication No. Ordinance No. Ordinance No. BH-316 21432-09-2014 21433-09-2014 BH-317 21434-09-2014 21435-09-2014 BH-318 21436-09-2014 21437-09-2014 BH-319 21438-09-2014 21439-09-2014 BH-320 21440-09-2014 21441-09-2014 BH-321 21442-09-2014 21443-09-2014 BH-322 21444-09-2014 21445-09-2014 BH-323 21446-09-2014 21447-09-2014 The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. B. General 2. M&C G-18304 - Adopt Ordinance Revisina Retail Water and Wastewater Rates and Charges for Volume Usaae and Amending Sections 35-56(a) Through (d), of Article III Charges, of Chapter 35 Water and Sewers of the City Code, Effective January 1, 2015 (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 28 of 34 It was recommended that the City Council adopt an ordinance amending Section 35-56(a), (b), (c), and (d) of Chapter 35, "Water and Sewers", of the Code of the City of Fort Worth (1986), as amended, by adding the definition of super user customer class and revising and adding certain volume rates and charges; making this ordinance cumulative of all prior ordinances; repealing all ordinances and provisions of the Fort Worth City Code in conflict herewith, effective January 1, 2015. Motion: Council Member Bivens made a motion, seconded by Council Member Zadeh, that Mayor and Council Communication G-18304 be approved and Ordinance No. 21448-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 3. M&C G-18305 - Adopt Ordinance Revising Wholesale Water Wastewater and Raw Water Service Rates and Amending Chapter 35 Water and Sewers, Article III Charges, Sections 35-56(14) and (h) of the City Code with an Effective Date of Billing on or After November 1, 2014, for Usage and Flows from and After October 1, 2014 for Wastewater and Water (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, Chapter 35 "Water and Sewers", Article III "Charges", Section 35-56 "Water and Sewer Rates Within the City", by amending Subsections (g) and (h), revising wholesale and raw water rates for water and wastewater, with an effective date of billing on or after November 1, 2014, for usage and flows from and after October 1, 2014, for wastewater and water. Motion: Council Member Bivens made a motion, seconded by Council Member Zadeh, that Mayor and Council Communication G-18305 be approved and Ordinance No. 21449-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. M&C G-18306 - Adopt Ordinance Increasing Receipts and Appropriations in the General Fund in the Amount of $8,798,187.85 from Available Funds and Authorize Transfer to the Municipal Golf Fund in the Amount Not to Exceed $8,798,187.85 (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt a supplemental appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $8,798,187.85, from available funds, for the purpose of transferring said funds to the Municipal Golf Fund to eliminate the negative position (negative fund balance); and authorize a transfer in the amount not to exceed $8,798,187.85 from the General Fund to the Municipal Golf Fund. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 29 of 34 Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication G-18306 be approved and Supplemental Appropriation Ordinance No. 21450-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. D. Land 1. M&C L-15716 - Authorize Condemnation by Eminent Domain for an Easement Interest in 0.030 Acres of Land for Permanent Drainage for the Lower Como Creek Erosion Control Improvements Project Located at 4020 Driskell Boulevard Owned by Minerva Gates, a City Employee (COUNCIL DISTRICT 91 It was recommended that the City Council declare the necessity to acquire the easement interest in the property described as 0.030 acres of land in Lot 25, Block 12, Sunset Heights South Addition, located at 4020 Driskell Boulevard owned by Minerva Gates, a City employee, for the Lower Como Creek Erosion Control Improvements Project; authorize the City to use its power of eminent domain to acquire the property for the public use of inclusion in the Lower Como Creek Erosion Control Improvements Project; authorize the City Attorney to institute condemnation by eminent-domain proceedings to acquire the described easement interest in the property; authorize payment pursuant to an award of commissioners; and authorize the City Manager or his designee to accept and record appropriate instruments. Motion: Council Member Zadeh made a motion, seconded by Council Member Scarth, that the Fort Worth City Council authorize the use of the power of eminent domain to acquire 0.030 acres of land for a permanent drainage easement from Minerva Gates needed for the improvements to Lower Como Creek. The permanent drainage easement is described by metes and bounds and depicted by survey plat attached to Mayor and Council Communication L-15716. The tract of land is located in Lot 25, Block 12, Sunset Heights South Addition, Tarrant County, Texas, also known as 4020 Driskell Boulevard. The land rights will be used for the Lower Como Creek Erosion Control Improvements Project. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. F. Award of Contract 1. M&C C-26966 - Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of $2,660,642.70 for East Rosedale Enhancement Improvements from Interstate Highway 35W to U.S. Highway 287 and Provide for Staff Costs and Contingencies for a Total Project Amount of $3,167,340.70 (COUNCIL DISTRICTS) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 30 of 34 It was recommended that the City Council authorize execution of a contract with McClendon Construction Company, Inc., in the amount of $2,660,642.70 for East Rosedale Enhancement Improvements from Interstate Highway 35W to U.S. Highway 287, and provide for staff costs and contingencies for a total project amount of$3,167,340.70. Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication C-26966 be approved. The motion carried 7 ayes to 1 nay, with Council Member Jordan casting the dissenting vote and Mayor Price absent. 2. M&C C-26967 - Authorize Execution of a Five-Year Tax Abatement Agreement with Cong Mai Tran for the Construction of a Single-Family Dwelling at 1116 Fairview Street in the Six Points Neighborhood Empowerment Zone (COUNCIL DISTRICT 4) It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Cong Mai Tran for the construction of a single-family dwelling described as Block C, Lot E, Sylvania Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas, located at 1116 Fairview Street in the Six Points Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Scarth made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-26967 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 3. M&C C-26968 - Authorize Execution of a Contract with Insituform Technologies, LLC, in the Amount of $1,000,000.00 for Sanitary Sewer Cured-in-Place Pipe, Contract 2014 for Trenchless Rehabilitation of Sanitary Sewer Mains at Various Locations Throughout the City of Fort Worth, Provide for Proiect Costs and Contingencies for a Proiect Total in the Amount of $1,100,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the transfer of $1,100,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $1,100,000.00, from available funds, for the purpose of funding Sanitary Sewer Cured-in-Place Pipe, Contract 2014 for trenchless rehabilitation of sanitary sewer mains at various locations; and authorize the execution of a contract with Insituform Technologies, LLC, in the amount of$1,000,000.00 for the same purpose as reflected above. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 31 of 34 Motion: Council Member Scarth made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication C-26968 be approved and Appropriation Ordinance No. 21451-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. M&C C-26969 - Authorize Execution of a Contract with MELA Contracting, Inc., in the Amount of$471,000.00 for Construction of the Crowley Wastewater Meter Station Replacement Project and Provide for Project Contingencies and Parks and Community Services Forestry Fees for a Project Total of $543,900.00 (COUNCIL DISTRICT 6) It was recommended that the City Council authorize execution of a contract with MELA Contracting, Inc., in the amount of $471,000.00 for construction of the Crowley Wastewater Meter Station Replacement Project and provide for project contingencies and Parks and Community Services Forestry fees for a project total of$543,900.00. Council Member Jordan advised that he filed a Conflict of Interest Affidavit with the City Secretary's Office and would refrain from voting on this issue. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-26969 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Mayor Price absent. 5. M&C C-26970 - Authorize Execution of Engineering Agreement with John C. Colliaan d/b/a Colligan Golf Design, in the Amount of$310,000.00 for the Design and Preparation of Construction Documents for the Renovation of Rockwood Golf Course and Adopt Appropriation Ordinances to Transfer $1,700,000.00 in Unrestricted Gas Lease Revenue to the Prosect (COUNCIL DISTRICT 2) It was recommended that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund, Gas Lease Revenues, in the amount of$1,700,000.00 from available funds for Rockwood Golf Course; authorize the transfer in the amount of$1,700,000.00 from the Capital Projects Reserve Fund, Gas Lease Revenues, to the Specially Funded Capital Project Fund; adopt appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,700,000.00 from available funds for the same purpose as reflected above; adopt appropriation ordinance increasing estimated receipts and appropriations in the Golf Gas Lease Capital Project Fund in the amount of $310,448.34 for the same purpose as reflected above; and authorize the execution of an Engineering Agreement with John C. Colligan d/b/a Colligan Golf Design in the amount of$310,000.00 for the design and preparation of construction documents for renovation of all 18 holes at Rockwood Golf Course. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 32 of 34 Motion: Council Member Espino made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-26970 be approved with appreciation and Appropriation Ordinance Nos. 21452-09-2014, 21453-09-2014 and 21454-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 6. M&C C-26971 - Conduct a Public Hearing, Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in the Amount of $568,848.00, Authorize Execution of a Grant Agreement with the United States Department of Justice and Related Memoranda of Understanding with Tarrant County and the Cities of Arlington,Hurst and North Richland Hills, Authorize Use of Anticipated Interest in the Amount Up to $2,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing; ratify the application for and authorize acceptance of a grant from the Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in the amount of$568,848.00; authorize the execution of a Grant Agreement with the United States Department of Justice and related Memoranda of Understanding with Tarrant County and the cities of Arlington, Hurst and North Richland Hills to designate the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant and determining the manner in which the grant money will be disbursed and utilized; authorize the use of the anticipated interest up to the amount of $2,000.00, in accordance with the grant; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$570,848.00, subject to receipt of a grant from the Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance, and anticipated interest, for the purpose of supporting activities to prevent crime and to improve the criminal justice system. Mayor Pro tem Zimmerman opened the public hearing. a. Report of City Staff Ms. Aya Ealy, Contract Services Administrator, Police Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 33 of 34 C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication C-26971 be approved and Appropriation Ordinance No. 21455-09-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XVI. PUBLIC HEARING 1. Hearing on Proposed Fiscal Year 2014-2015 Appropriation Ordinance, Ad Valorem Tax Levy Ordinance, and Proposed 2014 Property Tax Rate It was recommended that the City Council hold a public hearing on the proposed Fiscal Year 2014-2015 appropriation ordinance, ad valorem tax levy ordinance, and the proposed 2014 property tax rate. Mayor Pro tem Zimmerman opened the public hearing. a. Report of City Staff Mr. Aaron Bovos, Chief Financial Officer, Financial Management Services Department, appeared before Council and provided a staff report. b. Citizen Comments Mr. John Roberts, 3629 Ryan Avenue, completed an undecided speaker card relative to the public hearing on the proposed Fiscal Year 2014-2015 appropriation ordinance, ad valorem tax levy ordinance, and the proposed 2014 property tax rate and was recognized by Mayor Pro tem Zimmerman but was not present in the Council Chamber. Council Member Jordan requested that the record reflect his opposition to the $14,000,000.00 proposed Fiscal Year 2015 budget for Other Post-Employment Benefits (OPEB) pending the actuarial review requested by City Manager Cooke. He stated that the funds would be better spent for immediate needs rather than pre-funding a requirement that would not exist until 2029. He expressed concern that funds needed to be prioritized and that it was not fair for the taxpayer to fund future Councils. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the public hearing be closed. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2014 Page 34 of 34 XVII. CITIZEN PRESENTATIONS Mr. Thomas Hamilton, 2724 Carter Avenue, appeared before Council relative to homeless campers on Sycamore Creek. Mr. Bob Willoughby, 6731 Bridge Street, appeared before Council relative to issues with the Code Compliance Department. Ms. Brenda Scruggs, 8132 Hosta Way, completed a Citizen Presentation card relative to Chief Halstead and was recognized by Mayor Pro tem Zimmerman but was not present in the Council Chamber. XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XIX. ADJOURNMENT There being no further business, Mayor Pro tem Zimmerman adjourned the Regular meeting at 9:31 p.m. These minutes approved by the Fort Worth City Council on the 16`" day of September, 2014. Attest: Approved: C Mary J. ser etsy Pr' e City Secretary Ma