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HomeMy WebLinkAbout2014/10/14-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Present: Mayor Betsy Price Mayor Pro tem Salvador Espino, District 2 Council Member W.B. "Zim" Zimmerman, District 3 Council Member Daniel Scarth, District 4 Council Member Gyna 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 Staff Present: David Cooke, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary I. CALL TO" ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:05 p.m. on Tuesday, October 14, 2014, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas. II. INVOCATION - Pastor Chris Wright, South Hills Baptist Church The invocation was provided by Pastor Christ Wright, South Hills Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 23, 2014 Mayor Price advised that she would recuse herself from voting since she was not at the September 23, 2014, meeting. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that the minutes of the Regular meeting of September 23, 2014, be approved. The motion carried 8 ayes to 0 nays, with 1 recusal by Mayor Price. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 2 of 31 V1. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff.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 Scarth made a motion, seconded by Mayor Pro tem Espino, that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. A. General- Consent Items 1. M&C G-18326 - Amend Mayor and Council Communication G-18252 Regarding the Execution of a Development Agreement with Summer Sycamore 1, LTD, so as to Redefine the Developer's Role in Infrastructure Construction for the Proiect (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the amendment of Mayor and Council Communication G-18252 regarding the execution of a Development Agreement with Summer Sycamore I, LTD, so as to redefine the developer's role in infrastructure construction to allow for Summer Sycamore I, LTD, to design and construct the horizontal infrastructure and vertical construction components required by the Summer Creek Transit- Oriented Development Sustainable Dcvelopment Infrastructure Project, with all other recommendations of M&C G-18252 remaining unchanged. 2. M&C G-18327 - Authorize Payment to the Atmos Gas Cities Steering Committee in the Amount of $38,899.60 to Fund Participation in Dockets, Rate Cases and Other Proceedings Related to Gas Utility Regulations (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the payment of $38,899.60 to the Atmos Cities Steering Committee to fund participation in current and upcoming dockets, rate cases and other proceedings related to gas utility regulations. 3. M&C G-18328 - Authorize Payment in the Amount of $31,119.68 to the Texas Coalition of Cities for Franchise Utility Issues for 2015 Membership Dues (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the payment in the amount of $31,119.68 to the Texas Coalition of Cities for franchise utility issues for the City's 2015 membership dues. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 3 of 31 4. M&C G-18329 - Approve Findings of the Ground Transportation Coordinator Regarding Application of Du-Port Executive Luxury Sedans & Limousine Services, LLC, to Operate Three Limousines Within the City of Fort Worth and Authorize Issuance of a Vehicle for Hire Operating License (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: Du-Port Executive Luxury Sedans & Limousine Services, LLC, has provided all information required by Section 34-241(a) of the Code of the City of Fort Worth (1986), as amended; Du-Port Executive Luxury Sedans & Limousine Services, LLC, is qualified and financially able to conduct a limousine service within the City; Du-Port Executive Luxury Sedans & Limousine Services, LLC, has complied with the requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as amended; and authorize the issuance of a Vehicle for Hire Operating License to Du-Port Executive Luxury Sedans & Limousine Services, LLC, to operate three limousines on City streets for a one-year period subject to and conditioned on Du-Port Executive Luxury Sedans & Limousine Services, LLC, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 5. M&C G-18330 - Adopt Ordinance Amending Chapter 6, Animals and Fowl, Article VI, Animal Control Impoundment: Fees, of the City Code by Amending Section 6-45, Release from Impoundment, to Correct an Incorrect Reference and to Clarify the Entities to Which Animals May be Released (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 21490-10- 2014 amending Chapter 6 "Animals and Fowl", Article VI "Animal Control Impoundment; Fees", of the Code of the City of Fort Worth, Texas (1986), as amended, by amending Section 6- 45 "Release from Impoundment", to correct an incorrect reference discovered during a comprehensive review of the City Code and to clarify the entities to which animals may be released; providing that this ordinance shall be cumulative of all prior ordinances and repeal conflicting ordinances. 6. M&C G-18331 - Adopt Ordinance Amending Chapter 7, Buildings, of the City Code to Eliminate Section 7-78, Appeals Board, and Amending Section 7-405, Probationary Status, Suspension and Revocation of Registration, to Provide that Appeals from Decisions of the Director of Code Compliance Regarding the Probationary Status, Suspension or Revocation of the Registration of Multi- Family Dwelling Complexes Shall be Heard by a Hearing Officer Rather Than by an Appeals Board (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 4 of 31 The City Council approved the following recommendation: Adopt Ordinance No. 21491-10- 2014 amending Chapter 7 `Buildings", Article IV "Minimum Building Standards Code", Division 2 "Administration", of the Code of the City of Fort Worth, Texas (1986), as amended, by eliminating Section 7-78 "Appeals Board"; by amending Chapter 7 `Buildings", Article IX "Standards, Registration, and Inspection Requirements for Multi-Family Dwelling Complexes", Division 2 "Registration and Inspections", Section 7-405 "Probationary Status, Suspension, and Revocation of Registration", to provide that appeals from decisions of the Director of Code Compliance regarding the probationary status, suspension, or revocation of the registration of multi-family dwelling complexes shall be heard by a hearing officer appointed by the City Council rather than by the Appeals Board; providing that this ordinance shall be cumulative of all prior ordinances and repeal of conflicting ordinances. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11707 - Authorize Purchase and Installation of a Lightning Protection System from Hicks Lightning Protection in the Amount of $56,550.00 for the Equipment Services Department(COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize the purchase and installation of a lightning protection system from Hicks Lightning Protection in the amount of $56,550.00 for the Equipment Services Department. 2. M&C P-11708 - Authorize Purchase of Two Toyota Forklifts from Shoppas Material Handling, LTD, in the Amount of $54,885.00, Using a Cooperative Contract for the Public Events and the Water Departments (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of two Toyota forklifts from Shoppas Material Handling, LTD, in the amount of $54,885.00, using Texas Association of School Boards Cooperative Contract No. 3 73-11 for the Public Events and Water Departments. 3. M&C P-11709 - Authorize Agreement with Lantana Communications Corporation for an Amount Up to $267,977.00 for the First Year to Upgrade the AVAYA Phone System Call Center for the Water Department Using a Cooperative Contract (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize an agreement with Lantana Communications Corporation in an amount up to $267,977.00 for the first year to upgrade the AVAYA phone system call center for the Water Department using State of Texas Department of Information Resources Contract No. DIR-SDD-1499. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 5 of 31 C. Land - Consent Items 1. M&C L-15720 - Approve Settlement of Lawsuit Entitled City of Fort Worth vs. Vann Cattle Yards, Inc., et al., Cause No. 2012-002138-1, in the Amount of $355,000.00, Plus Closing Costs in the Amount of $3,000.00, to Acquire Property Interests for the Alliance Airport Runway Extension Proiect (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Approve the settlement of all claims arising from the eminent domain lawsuit entitled City of Fort Worth vs. Vann Cattle Yards, Inc., et al., Cause No. 2012-002138-1, to acquire all property interests for the Alliance Airport Runway Extension Project in the amount of $355,000.00, plus closing costs in the amount of $3,000.00. 2. M&C L-15721 - Authorize Direct Sale of Five Tax-Foreclosed Properties to Multiple Buyers for a Total Sales Price of$103,045.22, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICTS 2, 5 and 8) The City Council approved the following recommendation: Authorize the direct sale of five tax- foreclosed properties described as Lot 3, Block 11, Walter Willi Subdivision Addition, located at 5301 Calumet Street, to New Christian Fellowship Church; Lot 12, Block 8, Boaz & Dillow Addition, located at 2825 Avenue E, to Texas Wesleyan University; Lot 2, Block 12, Baker Heights, located at 2119 Columbus Avenue, to Jose Armando Celestino, Jr.; Lot 5, J. Kuykendalls Subdivision, located at 3117 Panola Avenue, to Tarrant Equity, LLC; and Lot 33, Block 4, Astoria Addition, located at 3853 Stalcup Road, to Ann Newton, for a total sales price of$103,045.22, in accordance with Section 34.05 of the Texas Tax Code; and authorize the City Manager or his designee to execute and record the appropriate instruments conveying the properties to complete the sales. 3. M&C L-15722 - Amend Mayor and Council Communication L-15656 Regarding the Purchase of Property for the Creation of Mosier Valley Park so as to Add Tarrant County as a Seller(COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize an amendment to Mayor and Council Communication L-15656 to purchase property located at Mosier Valley Road and Vine and Knapp Streets for the creation of Mosier Valley Park to add Tarrant County as a seller; authorize the acceptance and recording of the appropriate instruments; and dedicate the property as parkland upon conveyance. D. Planning & Zoning- Consent Items 1. M&C PZ-3069 - Adopt Ordinance Vacating a Portion of Excess Right-of-Way for Wyoming Drive and Incorporate it Into the Adioining Lot for Forestar Real Estate Group (COUNCIL DISTRICT 7) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 6 of 31 The City Council approved the following recommendation: Adopt Ordinance No. 21492-10- 2014 vacating and extinguishing an excess portion of Wyoming Drive, situated in Bar C Ranch, Phase 2, an addition to the City of Fort Worth, Tarrant County, Texas, and incorporate it into the adjoining lot for Forestar Real Estate Group; providing for reversion of fee is said land; the retainment of existing utility easements; repealing all ordinance in conflict herewith; and waive any and all purchase fee value of the vacated land in accordance with City Policy, Mayor and Council Communication G-15624. 2. M&C PZ-3070 - Adopt Ordinance Vacating Two Portions of Rights-of-WaX Along Avondale Haslet Road for a Lot Expansion and a New Medical Office Building for Castle Development (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Adopt Ordinance No. 21493-10- 2014 vacating and extinguishing two portions of Avondale Haslet Road, situated in the B.R. Lacy Survey, Abstract No. 990 of the City of Fort Worth, Tarrant County, Texas, and containing approximately respectively 29,970 and 16,516 square feet acre of land more or less, for a lot expansion and a new medical office building for Castle Development; providing for reversion of fee in said land; providing that the City shall retain all existing utilities easements; repealing all ordinances in conflict herewith; and waive any and all purchase fee value of the vacated rights- of-way in accordance with City Policy, Mayor and Council Communication G-15624. E. Award of Contract - Consent Items 1. M&C C-27020 - Authorize Execution of a Professional Services Agreement with Adams and Zottarelli, LLC, in the Amount of $57,000.00 for Professional Legislative Consulting Services and Representation of the City of Fort Worth on State Issues Before the Texas State Legislature, State Agencies, State Boards and Commissions and the Office of the Governor(ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of a Professional Services Agreement with Adams and Zottarelli, LLC, in the amount of$57,000.00 for professional legislative consulting services and representation of the City of Fort Worth before the Texas State Legislature, state agencies, state boards and commissions and the Office of the Governor. 2. M&C C-27021 - Authorize Execution of a Professional Services Agreement with Corley Pipes Consulting, LLC, in the Amount of$170,000.00 for Consultation and Representation of the City of Fort Worth on Federal Legislative Issues Before Members of the United States Congress, Officials of Federal Administrative Agencies and the White House Administration (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 7 of 31 The City Council approved the following recommendation: Authorize execution of a contract with Corley Pipes Consulting, LLC, in the amount of $170,000.00 for professional services involving consultation and representation before members of the United States Congress, officials of federal administrative agencies, and the White House Administration. Mr. Miguel Ruiz, 3200 Saint Juliet, completed an undecided comment card relative to Mayor and Council Communication C-27021. 3. M&C C-27022 - Authorize Execution of a Professional Services Agreement with Walter Fisher and Associates in the Amount of $67,000,00 for Professional Legislative Consulting Services and Representation of the City of Fort Worth on State Issues Before the Texas State Legislature, State Agencies, State Boards and Commissions and the Office of the Governor ALL COUNCIL DISTRICTS The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with Walter Fisher and Associates in the amount of$67,000.00 for professional legislative consulting services and representation of the City of Fort Worth before the Texas State Legislature, state agencies, state boards and commissions and the Office of the Governor. 4. M&C C-27023 - Authorize Execution of a Professional Services Agreement with Focused Advocacy, LLC, in the Amount of $88,000.00 for Consultation and Representation on State Issues Before the Texas State Legislature, State Agencies, State Boards and Commissions and the Office of the Governor (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with Focused Advocacy, LLC, in the amount of$88,000.00 for professional services involving consultation and representation of the City of Fort Worth before the Texas State Legislature, state agencies, state boards and commissions and the Office of the Governor. 5. M&C C-27024 - Authorize Execution of a Professional Services Agreement with Lawrence Collins in the Amount of $65,000.00 for Consultation and Representation on State Issues Before the Texas State Legislature, State Agencies, State Boards and Commissions and the Office of the Governor (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of a contract with Lawrence Collins in the amount of $65,000.00 for professional services involving consultation and representation of the City of Fort Worth before the Texas State Legislature, state agencies, state boards and commissions and the Office of the Governor. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 8 of 31 6. M&C C-27025 - Authorize Execution of a Communications System Agreement with the City of Westworth Village 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 Westworth Village 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 at no cost to the City of Fort Worth. 7. M&C C-27026 - Authorize Execution of a Communications System Agreement with the Texas Alcoholic Beverage Commission for Participation in the City of Fort Worth's Public Safety Radio System for Interoperable Communications in Mutual Aid or Other Multi-Auency 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 Texas Alcoholic Beverage Commission 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 at no cost to the City of Fort Worth. 8. M&C C-27027 - Adopt Appropriation Ordinance Increasing Receipts and Appropriations in the General Fund in the Amount of$50,577.00 for the Purpose of Authorizing Execution of Amendment No. 4 to City Secretary Contract No. 42877 with Accela, Inc., for the Purchase of Automation Mobile Office Licenses for Sublicense to Third Party Inspection Services Firms, Authorize Sublicense Agreements with Various Third Party Inspection Services Firms and Authorize the Plannine and Development Department to Accept Reimbursement from Those Firms (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21494-10-2014 increasing estimated receipts and appropriations in the General Fund in the amount of $50,577.00, from available funds, for the purpose of the purchase of automation mobile office licenses for lease to third-party inspection services firms; authorize Amendment No. 4 to City Secretary Contract No. 42877 with Accela, Inc., in the amount of$50,577.00 for the same purpose as reflected above; and authorize Sublicense Agreements with various third- party inspection firms and authorize the Planning and Development Department to accept reimbursement from those firms. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 9 of 31 9. M&C C-27028 - Rescind Approval of Mayor and Council Communication C- 23099, Which Authorized Execution of an Engineering AEreement with TCB, Inc., for the Design of Pedestrian and Streetscape Improvements in the Six Points Urban Village, Authorize Execution of an Engineering Services Agreement in an Amount Not to Exceed $217,925.00 with Freese and Nichols, Inc., for the Design of Pedestrian and Streetscape Improvements in the Six Points Urban Village (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Rescind approval of Mayor and Council Communication C-23099, which authorized execution of an Engineering Services Agreement in an amount not to exceed $109,973.00 with TCB, Inc. currently d/b/a AECOM for the design of pedestrian and Streetscape improvements in the Six Points Urban Village; and authorize the execution of an Engineering Services Agreement in an amount not to exceed $217,925.00 with Freese and Nichols, Inc., for the same purpose as reflected above. 10. M&C C-27029 - Authorize Execution of a Joint Election Agreement and Contract with the Tarrant County Elections Administrator for a Special Election to be Held on November 4, 2014, Approving and Implementing Resolution Number 4327-07-2014 Designating a Multipurpose Arena at the Intersection of Harley Avenue and Gendy Street and Adiacent Support Facilities as a Venue Proiect and Designating Methods of Financing for the Venue Proiect and Authorize Estimated Seventy-Five Percent Down Payment in the Amount of $286,100.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Joint Election Agreement and Contract with the Tarrant County Elections Administrator for election services for the special election to be held on November 4, 2014, approving and implementing Resolution No. 4327-07-2014 designating a multipurpose arena at the intersection of Harley Avenue and Gendy Street and adjacent support facilities as a venue project and designating methods of financing for the venue project; and authorize an estimated 75 percent down payment in the amount of$286,100.00 to the Tarrant County Elections Administrator. 11. M&C C-27030 - Authorize Execution of an Agreement with Trinity River Mitigation Bank in the Amount of $224,000.00 for the Purchase of Stream and Wetland Mitigation Bank Credits Required for the Construction of East First Street from Beach Street to Oakland Boulevard (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of an agreement with Trinity River Mitigation Bank in the amount of$224,000.00 for the purpose of stream and wetland mitigation bank credits required for the construction of East First Street from Beach Street to Oakland Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 10 of 31 12. M&C C-27031 - Authorize Renewal of a Professional Management Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of $475,607.00 for Fiscal Year 2015 Management of the Public Art Program, Approve the Fiscal Year 2015 Annual Work Plan, Authorize Transfer from the Specially Funded Capital Proiects Fund to the General Fund in the Amount of $530,607.00 for Management of the Fort Worth Public Art Program and Maintenance of the Public Art Collection and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize renewal of a Professional Services Management Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the amount of $475,607.00 for management of the Fiscal Year 2015 Fort Worth Public Art Program for a period of one year; approve the Fiscal Year 2015 Annual Work Plan; authorize transfer in the amount of$530,607.00 from the Specially Funded Capital Projects Fund to the General Fund for management of the Fort Worth Public Art Program and maintenance of the public art collection; and adopt Supplemental Appropriation Ordinance No. 21495-10-2014 increasing estimated receipts and appropriations in the General Fund in the amount of $530,607.00, from available funds, for the same purpose as reflected above. 13. M&C C-27032 - Authorize Execution of a Public Right-of-Way Use Agreement Granting Unite Private Networks, L.L.C., a License to Construct and Operate a Private-Use Fiber Optic Data Line Crossing Houston Street and Intersecting Existing Conduit at Sixth Street and at Throckmorton Street (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of a Public Right-of-Way Use Agreement with Unite Private Networks, L.L.C., for a monthly access line fee determined in accordance with state law and granting a license to construct and operate a private- use fiber optic data line crossing Houston Street (north of Fourth Street) and intersecting existing conduit at Sixth Street (between Houston and Throckmorton Streets) and Throckmorton Street (south of Seventh Street). 14. M&C C-27033 - Authorize Provision of Water and Sanitary Sewer Service at 1.25 Times the Retail Rate to Serve Property Located at the Southwest Corner of Avondale Haslet Road and Haslet Court, in Tarrant County, Pursuant to City Code Section 35-60B, Uses Outside City (Adiacent to 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 serve property located at the southwest corner of Avondale Haslet Road and Haslet Court, in Tarrant County, pursuant to City Code Section 35-6013, Uses Outside City; and authorize the execution of an agreement for such services. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 11 of 31 15. M&C C-27034 - Authorize Execution of Change Order No. 1 to City Secretary Contract No. 45817 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the Amount of $480,915.00 for Clear Fork Drainage Basin M-210 Water and Sanitary Sewer Improvements, Part 4, Along the South Right-of-Way Line of Alliance Gateway Freeway, from the Alliance Gateway Freeway, North Riverside Drive Intersection, Westerly 3,000 Feet for a Revised Total Contract in the Amount of$4,625,996.00 (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize Change Order No. 1 to City Secretary Contract No. 45817 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $480,915.00 for Clear Fork Drainage Basin M-210 Water and Sanitary Sewer Improvements, Part 4, along the south right-of-way line of Alliance Gateway Freeway, from the Alliance Gateway Freeway, North Riverside Drive Intersection, westerly 3,000 feet for a revised total contract in the amount of$4,625,996.00. 16. M&C C-27035 - Authorize Execution of Construction Contract with JLB Contracting, LLC, in the Amount of $468,034.60 for Roadway and Drainage Improvements at Cobb Park and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21496-10-2014 increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of$67,601.30, from available funds, for the purpose of funding roadway and drainage improvements at Cobb Park; authorize the transfer of $67,601.30 from the Grant Capital Projects Fund to the Park Gas Well Leases Fund; authorize the use of additional gas bonus and mitigation fees derived from Cobb Park in the amount of $20,752.50; adopt Appropriation Ordinance No. 21497-10-2014 increasing estimated receipts and appropriations in the Park Gas Well Leases Fund in the amount of$88,353.80, from available funds, for the same purpose as reflected above; and authorize the execution of a Construction Contract with JLB Contracting, LLC, in the amount of$468,034.60 for the same purpose as reflected above. VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1. OCS - 1936 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Fort Worth Firefighters Cares Enough to Wear Pink Mayor Price presented a proclamation for Fort Worth Firefighters Cares Enough to Wear Pink Campaign to Mr. Michael Glynn, First Vice-President, Firefighters Local 440. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 12 of 31 2. Presentation of Proclamation for Goodwill Industries of Fort Worth Day Council Member Allen Gray presented a proclamation for Goodwill Industries of Fort Worth Day to Ms. Elizabeth Butler, Vice President of Mission Services and Human Resources, Good Will Industries. 3. Presentation of Proclamation for Workforce Solutions of Tarrant County Day Mayor Price presented a proclamation for Workforce Solutions of Tarrant County Day to Ms. Judy McDonald, Executive Director, Workforce Solutions of Tarrant County. 4. Presentation of the Lake Worth Centennial Celebration Council Member Shingleton introduced a video presentation on the Lake Worth Centennial Celebration. City Secretary Kayser advised that Mayor and Council Communication G-18336 was a donation and would be moved up on the agenda. B. General 5. M&C G-18336 - Authorize Acceptance of Donations Valued at $128,000.00 from the Fort Worth Garden Club, Inc., for Desien Proiects, a Survey, Landscape Improvements and a Service Vehicle for the Fort Worth Botanic Garden, Authorize Acceptance of a Monetary Gift from the Fort Worth Garden Club, Inc., in the Amount of$44,343.00 to Fund the Salary and Benefits of a Gardener for the Fort Worth Botanic Garden, Authorize Transfer in the Amount of $44,343.00 from the Special Trust Fund to the General Fund and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the acceptance of donations valued at $128,000.00 from the Fort Worth Garden Club, Inc., for design work associated with the restoration of the Rose Garden Shelter House, cascades in the Lower Rose Garden and the associated ramp; renovation of the garden behind the Texas Garden Clubs, Inc.'s, headquarters building; plant material and installation of the Rose Garden Colonnade western slope; a survey of the proposed Children's Garden; and a mule service vehicle that will be used to hall wedding furniture and equipment; authorize the acceptance of a monetary gift from the Fort Worth Garden Club, Inc., in the amount of$44,343.00 for the purpose of funding, for the period of one year, the salary and benefits of a Gardener position for the Fort Worth Botanic Garden; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $44,343.00, subject to receipt of a monetary gift from the Fort Worth Garden Club, Inc., for the same purpose as reflected above; and authorize a transfer in the amount of$44,343.00 from the Special Trust Fund to the General Fund. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 13 of 31 Council Member Shingleton presented a Certificate of Recognition to Ms. Taddie Hamilton, Fort Worth Garden Club. Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication G-18336 be approved with appreciation and Appropriation Ordinance No. 21498-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Mayor Price, Mayor Pro tem Espino and Council Members Zimmerman, Bivens, Jordan, Shingleton, Allen Gray 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. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that the following individuals be appointed/reappointed for District 8 on various boards and commissions effective October 14, 2014, and with terms expiring as follows: Appointments: John Tandy to the Urban Design Commission, with a term expiring October 1, 2016 Reappointments: • Ericka Calton to the Aviation Advisory Board, with a term expiring October 1, 2016 • Steve Epstein to the Board of Adjustment - Residential, with a term expiring October 1, 2016 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 14 of 31 • Susan De Los Santos to the Building and Standards Commission, with a term expiring September 30, 2016 • Donald Richard Boren to the City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees, with a term expiring October 1, 2016 • Jerome Johnson to the Community Development Council, with a term expiring October 1,2016 • Wanda Conlin to the Zoning Commission and the Fort Worth Alliance Airport Zoning Commission, with a term expiring October 1, 2016 • Sandra Toombs to the Fort Worth Commission for Women, with a term expiring October 1, 2016 • Billy Ray Daniels, Jr., to the Historic and Cultural Landmarks Commission, with a term expiring October 1, 2016 • Lee Niata Johnson to the Parks and Community Services Advisory Board, with a term expiring October 1, 2016 The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that Charles Edmonds be reappointed to the Zoning Commission and Fort Worth Alliance Airport Zoning Commission effective October 14, 2014, and with a term expiring October 1, 2016. The motion carried unanimously 9 ayes to 0 nays. 2. Council Proposal No. 301 - Waiver of Festival Equipment Rental Fee for the Harambee Festival It was recommended that the City Council approve a waiver of the festival equipment rental fees for the Tarrant County Black Historical and Genealogical Society, Inc., for the Fifth Annual Tarrant County Harambee Festival to be held on October 18, 2014, at Evans Avenue Plaza. Motion: Council Member Allen Gray made a motion, seconded by Council Member Zimmerman, that the rules be suspended so action can be taken on the proposal. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Allen Gray made a motion, seconded by Council Member Bivens, that Council Proposal No. 301 be approved as amended with the removal of"one- time waiver" under City Manager's Comments. The motion carried unanimously 9 ayes to 0 nays. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 15 of 31 XIII. RESOLUTIONS 1. A Resolution Adopting the City of Fort Worth's 2015 State Legislative Program (Continued from a Previous Week) It was recommended that the City Council adopt a resolution adopting the City of Fort Worth's 2015 State Legislative Program. Ms. Cindy Boling, 4717 Norma Street, appeared before Council in support of the resolution adopting the City of Fort Worth's 2015 State Legislative Program. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Resolution No. 4365-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. A Resolution Appointing Russell Fuller to the Board of Directors of Tax Increment Reinvestment Zone Number Seven, City of Fort Worth, Texas and Acknowledging the Appointment of the Other Current Members of the Board (North Tarrant Parkway TIF) It was recommended that the City Council adopt a resolution appointing Russell Fuller to the Board of Directors of Tax Increment Reinvestment Zone No. 7, City of Fort Worth, Texas, effective October 14, 2014, and with a term expiring December 31, 2015, and acknowledging the appointment of the other current members of the Board (North Tarrant Parkway TIF). Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Resolution No. 4366-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. A Resolution of the City Council of the City of Fort Worth, Texas Canceling the Regularly Scheduled City Council Meeting on Tuesday, December 16, 2014 It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, canceling the regularly scheduled City Council meeting on Tuesday, December 16, 2014. Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that Resolution No. 4367-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 16 of 31 XIV. ZONING HEARING The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on September 21, 2014. 1. ZC-14-065 - (CD 2) - Gustavo Castaneda, 201 NW 23rd Street; from: "A-5" One- Family to: "PD/ER" Planned Development for all uses in "ER" Neighborhood Commercial Restricted; site plan included. (Recommended for Approval as Amended by the Zoning Commission with revised site plan) Mr. Christopher Bonilla, 3800 Byers Avenue, completed a speaker card in support of Zoning Docket ZC-14-065 and was recognized by Mayor Price but did not wish to address Council. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-065 be approved. The motion carried unanimously 9 ayes to 0 nays. The City Council, at its meeting of August 5, 2014, continued Site Plan SP-14-004: 2. SP-14-004 - (CD 2) - August Stanislawski/TX Industrial Scrap, 3800 N. Commerce Street; Amend "PD-764" site plan to add permanent office for shredder. (Recommended for Approval as Amended by the Zoning Commission to update site plan to include armature radius) (Continued from a Previous Meeting) Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that Site Plan SP-14-004 be continued to the November 11, 2014, Council meeting. The motion carried unanimously 9 ayes to 0 nays. The City Council, at its meeting of September 9, 2014, continued Zoning Docket ZC-14-089: 3. 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 by the Zoning Commission to "ER" Neighborhood Commercial Restricted) (Continued from a Previous Meeting) Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-14-089 be continued to the November 11, 2014, Council meeting. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 17 of 31 4. ZC-14-093 - (CD 8) - Ruben Villagomez, 2317 Oakland Boulevard; from: "ER/HC" Neighborhood Commercial Restricted/Historic & Cultural to: "E/HC" Neighborhood Commercial/Historic & Cultural (Recommended for Approval by the Zoning Commission) Mr. Javier Villagomez, 5016 Glen Park, completed a speaker card in support of Zoning Docket ZC-14-093 and was recognized by Mayor Price but did not wish to address Council. Motion: Council Member Allen Gray made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-14-093 be approved. The motion carried unanimously 9 ayes to 0 nays. The City Council, at its meeting of September 9, 2014, continued Zoning Docket ZC-14-094: 5. 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) (Continued from a Previous Meeting) Mr. Jim Schell, 500 West 7th Street, Suite 600, completed an undecided comment card relative to Zoning Docket ZC-14-094. Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-14-094 be denied without prejudice. The motion carried unanimously 9 ayes to 0 nays. 6. ZC-14-095 - (CD 6) - FM 1187 Partners, LP, 401 W. Rendon Crowley Road; from: "A-5" One-Family and "PD-548" Planned Development for "FR" General Commercial Restricted uses excluding tattoo parlors and pawn shops; site plan waived to: Amend "PD-548" Planned Development to include mini-storage; site plan included for mini-storage use. (Recommended for Denial without Prejudice by the Zoning Commission) Motion: Council Member Jordan made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-095 be denied. The motion carried unanimously 9 ayes to 0 nays. 7. ZC-14-098 - (CD 2) - James R. Claunch, 1321 N. Houston; from: "A-5" One- Family to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-098 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 18 of 31 City Secretary Kayser advised that Zoning Docket ZC-14-104 and Mayor and Council Communication G-18334 would be heard under one motion. The City Council, at its meeting of September 9, 2014, continued Zoning Docket ZC-14-104: 8. 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 13 Draft of Ordinance) (Continued from a Previous Meeting) 3. M&C G-18334 - Adopt Ordinance Amending Chapter 20, Licenses and Miscellaneous Business Regulations, Article II, Amusements of the Code of the City of Fort Worth to Add Division 6, Game Rooms and Amusement Redemption Machines to Regulate the Conduct of Game Rooms (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt a text amendment 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 Chapter 4 "District Regulations", to amend Article 3 "Planned Development ("PD") District", to add game rooms in Section 4.305; to amend Sections 4.800 "Nonresidential District Use Table", and 4.1200 "Form Based Districts Use Table", to add game rooms by Planned Development District; to amend Chapter 9 "Definitions", Section 9.101 "Defined Terms", to add definitions related to game rooms; and adopt an ordinance amending Article II "Amusements", of Chapter 20 "Licenses and Miscellaneous Business Regulations", of the Code of the City of Fort Worth, to add Division 6 entitled "Game Rooms and Amusement Redemption Machines", to regulate the conduct of game rooms within the City by establishing a licensing and regulatory process for game rooms and amusement redemption machines; and add an occupation tax. The following individuals appeared before Council in support of Zoning Docket ZC-14-104 and Mayor and Council Communication G-18334: Ms. Cindy Boling, 4717 Norma Street Mr. Mike Phipps, 4451 Normandy The following individuals appeared before Council in opposition to Zoning Docket ZC-14-104: Mr. Quin Chandler, 1012 Ohio Court, Kennedale, Texas Ms. Lisa Scott, 2833 Putnam CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 19 of 31 Mr. Brian Scott, 2833 Putnam, completed a speaker card in opposition to Zoning Docket ZC-14- 104 and was recognized by Mayor Price but did not wish to address Council. Mr. Michael Sanford, 4132 Benmar Street, appeared before Council undecided relative to Zoning Docket ZC-14-104. Motion: Council Member Scarth made a motion, seconded by Council Member Allen Gray, that Zoning Docket ZC-14-104 and Mayor and Council Communication G-18334 be approved with appreciation to staff, with the following changes listed below, and Ordinance Nos. 21499-10-2014 (Text Amendment) and 21500-10-2014 be adopted: • Remove the references to "public" and "open to the public" from both ordinances, • Add "designated" to parking requirement in zoning ordinance; and • Amend language related to site plan and alcohol sales requirements to delete the reference to "applicant" and make both ordinances consistent. The motion carried unanimously 9 ayes to 0 nays. 9. ZC-14-105 - (CD 7) - Gary and Deborra Baker, 7000 Block Eagle Ranch Boulevard; from: "A-5" and "E" Neighborhood Commercial to: "A-5" One- Family (Recommended for Approval by the Zoning Commission) Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-105 be approved. The motion carried unanimously 9 ayes to 0 nays. 10. ZC-14-106 - (CD 3) - John Glenn Jr. & River Ranch Building Corporation, 4429 Bellaire Drive S.; from: "FR" General Commercial Restricted to: "F" General Commercial (Recommended for Approval by the Zoning Commission) Motion: Council Member Zimmerman made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-14-106 be approved. The motion carried unanimously 9 ayes to 0 nays. 11. ZC-14-107 - (CD 4) - KB Newell, KD & G Consolidated, Tarrant Acquisitions LTD, 7090 Enterprise Avenue; from: "AG" Agricultural, "G" Intensive Commercial, and "PD-359" Planned Development for "J" Medium Industrial uses with no outside storage of manufacturing supplies, materials or by-products; site plan waived to: "PD/SU" Planned Development/Specific Use for valley storage, mining/excavation and associated uses, gas wells, gas compressors and associated uses, tree farms with "I" Light Industrial development standards; site plan included. (Recommended for Approval by the Zoning Commission) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 20 of 31 Mr. Dennis Hopkins, 2131 North Collins Street, Suite 433-637, Arlington, Texas, appeared before Council in support of Zoning Docket ZC-14-107. Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council in opposition to Zoning Docket ZC-14-107. The following individuals completed comment cards in opposition to Zoning Docket ZC-14-107: Mr. David Mack, 5824 River Meadows Place Mr. Binh Nguyen, 5840 Forest River Drive Mr. Walter Williams, 6001 Forest Lane Ms. Barbara Maberry, 5828 Forest Bend Place Mr. John Brancato, 5817 Forest River Drive Ms. Beckey Crow, 5972 Riverbend Place Mr. Archie Crow, 5972 Riverbend Place Ms. Susanne Stuecheli, 6209 Riverview Circle Ms. Tuyen Diep, 5801 Forest Bend Place Mr. Masood Parvaze, 5964 Riverbend Place Motion: Council Member Scarth made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-107 be approved. The motion carried 8 ayes to 1 nay, with Council Member Zadeh casting the dissenting vote. 12. ZC-14-108 - (CD 8) - James Jacobson, 2735 & 2737 Purington Avenue; from: "B" Two-Family to: "PD/B" Planned Development for all uses in "B" Two-Family plus a fourplex; site plan included. (Recommended for Approval by the Zoning Commission) Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Zoning Docket ZC-14-108 be approved. The motion carried unanimously 9 ayes to 0 nays. 13. SP-14-008 - (CD 7) - Brandon Baudin, 516 W. Bonds Ranch Road; to: Amend Site Plan for "PD-911" Planned Development for "E" Neighborhood Commercial uses plus one-family residential to allow products consistent with a farmers market to be conducted by the resident only on tables in certain locations, parking provided on improved surfaces to add an animal medical clinic. (Recommended for Approval by the Zoning Commission) The following individuals completed speaker cards in support of Site Plan SP-14-008 and were recognized by Mayor Price but did not wish to address Council: Mr. John Wigginton, 5328 Alta Loma Drive Ms. Ludy Callahan, 4984 CR 4010, Decatur, Texas Ms. Kaye Wigginton, DVM, 5328 Alta Loma Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 21 of 31 Motion: Council Member Shingleton made a motion, seconded by Council Member Allen Gray, that Site Plan SP-14-008 be approved. The motion carried unanimously 9 ayes to 0 nays. 14. ZC-14-111 - (CD 9) - Optical Specialists, 1204 High Street; from: "ER" Neighborhood Commercial Restricted to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) Mr. Brett Valderas, 6841 Virginia Parkway, McKinney, Texas, completed a comment card in support of Zoning Docket ZC-14-111. Motion: Council Member Zadeh made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-14-111 be approved. The motion carried unanimously 9 ayes to 0 nays. 15. ZC-14-112 - (CD 7) - Christ's Haven for Children, Inc., 5200 Block W. Caylor Road; from: "CF" Community Facilities to: "A-7.5" One-Family (Recommended for Approval by the Zoning Commission) The following individuals completed speaker cards in support of Zoning Docket ZC-14-112 and were recognized by Mayor Price but did not wish to address Council: Mr. Ben Luedtke, 3001 Knox Street, Dallas, Texas Mr. Jim Schell, 500 West 7th Street, Suite 600 Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-14-112 be approved. The motion carried unanimously 9 ayes to 0 nays. 16. SP-14-009 - (CD 3) - Jaiambe Maa Investment, LLC, 2600 South Cherry Lane; to: Amend site plan for PD-984 to expand the height of the hotel. (Recommended for Approval by the Zoning Commission) Motion: Council Member Zimmerman made a motion, seconded by Council Member Scarth, that Site Plan SP-14-009 be approved. The motion carried unanimously 9 ayes to 0 nays. 17. ZC-14-113 - (CD 8) - City of Fort Worth Planning & Development, 1409-1509 Illinois Avenue; from: "PD-1002" Planned Development for Friary Residence; site plan included to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 22 of 31 Motion: Council Member Allen Gray made a motion, seconded by Council Member Scarth, that Zoning Docket ZC-14-113 be approved. The motion carried unanimously 9 ayes to 0 nays. 18. ZC-14-114 - (CD 9) - City of Fort Worth Planning & Development: Petition, 2500 Block Bold Avenue; from: "B" Two-Family to: "A-7.5" One-Family (Recommended for Approval by the Zoning Commission) Ms. Pam Drenner, 2534 Boyd Avenue, appeared before Council in support of Zoning Docket ZC-14-114. Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-114 be approved. The motion carried unanimously 9 ayes to 0 nays. 19. ZC-14-115 - (CD 9) - City of Fort Worth Planning & Development: Petition, 2500 Block Stadium Drive; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) Motion: Council Member Zadeh made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-14-115 be approved. The motion carried unanimously 9 ayes to 0 nays. City Secretary Kayser advised that Zoning Dockets ZC-14-116 through ZC-14-126 were surplus properties and would be handled under one motion. 20. ZC-14-116 - (CD 8) - City of Fort Worth Planning & Development, 3117 Panola Avenue; from: "F" General Commercial to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) 21. ZC-14-117 - (CD 8) - City of Fort Worth Planning & Development, 3321 Chenault Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 22. ZC-14-118 - (CD 8) - City of Fort Worth Planning & Development, 1615 Belzise Terrace; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 23. ZC-14-119 - (CD 8) - City of Fort Worth Planning & Development, 204 Paradise Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 23 of 31 24. ZC-14-120 - (CD 8) - City of Fort Worth Planning & Development, 504 Paradise Street; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 25. ZC-14-121 - (CD 5) - City of Fort Worth Planning & Development, 5805 Whittlesey Road; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 26. ZC-14-122 - (CD 9) - City of Fort Worth Planning & Development, 3618 College Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 27. ZC-14-123 - (CD 3) - City of Fort Worth Planning & Development, 5400 Blackmore Avenue; from: "B" Two-Family and "A-5" One-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 28. ZC-14-124 - (CD 9) - City of Fort Worth Planning & Development, 1003 Woodland Avenue; from: "B" Two-Family to: "A-5" One-Family (Recommended for Approval by the Zoning Commission) 29. ZC-14-125 - (CD 2) - City of Fort Worth Planning & Development, 3617 & 3619 N. Pecan Street; from: "B" Two-Family to "A-5" One-Family (Recommended for Approval by the Zoning Commission) 30. ZC-14-126 - (CD 2) - City of Fort Worth Planning & Development, 3604 & 3606 N. Grove; from: "K" Heavy Industrial to: "I" Light Industrial (Recommended for Approval by the Zoning Commission) Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Espino, that Zoning Dockets ZC-14-116 through ZC-14-126 be approved. The motion carried unanimously 9 ayes to 0 nays. 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 Allen Gray made a motion, seconded by Mayor Pro tem Espino, that the hearing be closed and Ordinance No. 21501-10-2014 be adopted. The motion carred unanimously 9 ayes to 0 nays. XV. REPORT OF THE CITY MANAGER B. General 1. M&C G-18332 - Authorize Transfer of Gas-Related Revenues in the Amount of $673,569.66 from Various Funds to the General Fund for Reimbursement of Expenses Associated with the Management of City-Owned Minerals in Fiscal Year 2014 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 24 of 31 It was recommended that the City Council adopt an appropriation ordinance increasing estimated receipts and appropriations for Fiscal Year 2014 in the Airports Gas Lease Project Fund by $117,805.23; Aviation Endowment Gas Lease Fund by $117,216.05; Capital Projects Reserve Fund by $91,592.77; General Endowment Gas Lease Fund by $85,991.92; Park Gas Lease Project Fund by $25,732.83; Park System Endowment Gas Lease Fund by $20,568.52; Golf Gas Lease Capital Project Fund by$11,859.85; Lake Worth Gas Lease Capital Improvement Fund by $112,649.33; Water and Sewer Gas Lease Capital Projects Fund by $66,707.42; and the Water and Sewer Endowment Gas Lease Fund by $22,150.06, from available funds, subject to approval of$1,295.68 in total expenses by the boards of the Housing Finance Corporation (HFC), Local Development Corporation (LDC), and Central City Local Government Corporation (CCLGC), for the purpose of reimbursing the General Fund for administrative costs of management of City- owned mineral interest properties; and authorize the transfer of $673,569.66 from gas-related revenue to the General Fund, subject to approval of$1,295.68 in total expenses by the boards of the HFC, LDC and CCLGC, for the same purpose as reflected above. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18332 be approved and Appropriation Ordinance No. 21502-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. M&C G-18333 - Authorize Payment to the Steering Committee of Oncor Electric Delivery Service Area Cities in the Amount of$77,799.20 to Fund Participation in Current and Upcoming Dockets and Proceedings Related to Electric Utility Regulation at the Texas Legislature and State Regulatory Entities (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize payment to the Steering Committee of Oncor Electric delivery service area cities in the amount of$77,799.20 to fund participation in current and upcoming electric utility dockets and other proceedings related to electric utility regulation at the Texas Legislature and state regulatory entities. Council Member Scarth advised that he filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Motion: Council Member Bivens made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication G-18333 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Scarth. 4. M&C G-18335 - Adopt Resolution Authorizing Employment of Moses, Palmer and Howell, L.L.P., as Outside Counsel to Advise the City on Oil and Gas Mineral Lease Provisions Related to Gas Marketing, and Authorizing Payment of Counsel Fees in an Amount Not to Exceed $3,000.00 (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 25 of 31 It was recommended that the City Council adopt a resolution authorizing the employment of Moses, Palmer, and Howell, L.L.P., as outside legal counsel to advise the City on legal issues related to oil and gas mineral leases and gas marketing, and authorizing payment of counsel fees in an amount not to exceed $3,000.00. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18335 and Resolution No. 4368-10- 2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 6. M&C G-18337 - Approve Initial Implementation and Allocation Plan for the 2014 Bond Program, Proposition Two: Parks, Recreation, and Community Center Improvements, Athletic Field Development, Additional Athletic Fields in Fort Worth for the Full Bond-Funded Allocated Amount of $1,841,600.00 (ALL COUNCIL DISTRICTS) It was recommended that the City Council approve the Initial Implementation and Allocation Plan for the 2014 Bond Program, Proposition Two: Parks, recreation, and community center improvements, athletic field development, additional athletic fields for the full Bond-funded allocated amount of$1,841,600.00. Motion: Council Member Shingleton made a motion, seconded by Mayor Pro tem Espino, that Mayor and Council Communication G-18337 be approved. The motion carried unanimously 9 ayes to 0 nays. 7. M&C G-18338 - Ratify Application for and Authorize Acceptance of a Morningside Briscoe Parent Engagement Collaboration Grant from the Miles Foundation, the Morris Foundation and the Rainwater Charitable Foundation in the Amount of $19,318.00, Authorize Execution of the Grant Agreements, Authorize an In-Kind Match in an Amount Up to $17,800.00, Authorize Use of Anticipated Interest in an Amount Up to $50.00, Authorize Execution of an Interlocal Agreement with Fort Worth Independent School District in the Amount Up to $7,500.00 for School Library Operation on Saturdays and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 26 of 31 It was recommended that the City Council ratify the application for and authorize acceptance of a Morningside Briscoe Parent Engagement Project Grant from the Miles Foundation, the Morris Foundation and the Rainwater Charitable Foundation for the Library Department for a period of October 1, 2014, through July 31, 2015, in the total amount of $19,318.00; authorize the execution of the related Grant Agreements with each of the Foundations; authorize the City to provide an in-kind match in an amount up to $17,800.00; authorize the use of anticipated interest in an amount up to $50.00; authorize the execution of an Interlocal Agreement with Fort Worth Independent School District in the amount up to $7,500.00 for the operation of the Briscoe Elementary School Library on Saturdays from October 18, 2014, through the duration of the Morningside Briscoe Parent Engagement Project; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$37,168.00, which includes $19,318.00 of Morningside Briscoe Parent Engagement Collaboration Grant Funds, $17,800.00 in programs as the City's in-kind match, and $50.00 of use of anticipated interest, all subject to receipt of a Morningside Briscoe Parent Engagement Collaboration Grant from the Miles Foundation, the Morris Foundation, and the Rainwater Charitable Foundation, for the purpose of supporting parent engagement/education efforts in the Morningside Neighborhood for families with children ages birth to five years old. Motion: Council Member Allen Gray made a motion, seconded by Council Member Zadeh, that Mayor and Council Communication G-18338 be approved and Appropriation Ordinance No. 21503-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. C. Purchase of Equipment, Materials, and Services 1. M&C P-11710 - Authorize Purchase Agreement for Lease of Concrete Mixer Trucks and Operators with H & H Pool Deck d/b/a H & H Concrete on Demand, in an Annual Amount Up to $1,200,000.00 for the Water Department (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize a Purchase Agreement for lease of concrete mixer trucks and operators with H & H Pool Deck d/b/a H & H Concrete on Demand, in an annual amount up to $1,200,000.00 for the Water Department. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Espino, that Mayor and Council Communication P-11710 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 27 of 31 D. Land 1. M&C L-15723 - Amend Mayor and Council Communication L-15455 to Authorize Condemnation by Eminent Domain for 0.5479 Acres of Land for a Permanent Drainalle Easement and 0.9353 Acres of Land for a Temporary Construction Easement, Located at 5500 Randol Mill Road on the Woodhaven Country Club Golf Course, Owned by WCC Partners, LP, for the Oakwood Trail Storm Drain Extension Proiect (COUNCIL DISTRICT 4) It was recommended that the City Council amend Mayor and Council Communication L-15455 to authorize condemnation by eminent domain for 0.5479 acres of land for a permanent drainage easement and 0.9353 acres of land for a temporary construction easement, located at 5500 Randol Mill Road on the Woodhaven Country Club Golf Course, owned by WCC Partners, LP, for the Oakwood Trail Storm Drain Extension Project; declare that negotiations between the City and the landowner were unsuccessful due to the inability to agree on a purchase price to acquire the 0.5479 acres of land for a permanent drainage easement and the 0.9353 acres of land for a temporary construction easement; declare the necessity to acquire the described easement interests in the subject property for the Oakwood Trail Storm Drain Extension Project, for the purpose of replacing an open ditch, which collects standing water, with an underground pipe; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described easement interests in the property; authorize payment pursuant to an award of commissioners or negotiated settlement; and authorize the acceptance and recording of appropriate instruments. Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that the Fort Worth City Council approve Mayor and Council Communication L-15723 to amend M&C L-15455 to authorize use of the power of eminent domain to acquire a 0.5479 acre permanent drainage easement and a 0.9353 acre temporary construction easement from property located at 5500 Randol Mill Road on the Woodhaven Country Club Golf Course, Lot 1, Tarrant County, Texas, from owner WCC Partners, L.P. The land rights will be used for the Oakwood Storm Drain Extension Project for the City to replace the existing open ditch with an underground pipe. The easement interests are more specifically described in the metes and bounds, and depicted in the survey attached to this Mayor and Council Communication. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M&C C-27036 - Authorize Execution of a Contract with the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of 51,377,500.00 from the General Fund to Promote Artistic and Cultural Activities for Fiscal Year 2015 (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 28 of 31 It was recommended that the City Council authorize execution of a contract with the Arts Council of Fort Worth and Tarrant County, Inc., in the amount of $1,377,500.00 from the General Fund to promote artistic and cultural activities for Fiscal Year 2015. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Zadeh, that Mayor and Council Communication C-27036 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M&C C-27037 - Authorize Execution of a Contract with United Way of Tarrant County in the Amount of $210,750.00 to Fund Various Organizations and Coordinate Area Agencies and Social Service Programs for the Benefit of the Entire Fort Worth Community for Fiscal Year 2015 (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of a contract with United Way of Tarrant County in the amount of $210,750.00 to fund various organizations and coordinate area agencies and social service programs for the benefit of the entire Fort Worth community for Fiscal Year 2015. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication C-27037 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M&C C-27038_- Authorize Execution of a Five-Year Tax Abatement Agreement with Precision Proiects International, LLC, to Redevelop the Historic Parker Browne Building for Retail and Office Use Located at 1212 E. Lancaster Avenue in the Evans and Rosedale Neighborhood Empowerment Zone (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the execution of a Five-Year Tax Abatement Agreement with Precision Projects International, LLC, to redevelop the historic Parker Browne Building for retail and office use located at 1212 East Lancaster Avenue in the Evans and Rosedale Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Allen Gray made a motion, seconded by Mayor Pro tem Espino, that Mayor and Council Communication C-27038 be approved. The motion carried unanimously 9 ayes to 0 nays. 4. M&C C-27039 - Authorize Execution of a Five-Year Tax Abatement Agreement with LMP Realty, Inc., for the Construction of a Warehouse on Property Located at 1700 Meacham Boulevard in the 28th Street/Meacham Neighborhood Empowerment Zone (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 29 of 31 It was recommended that the City Council authorize the execution of a Five-Year Tax Abatement Agreement with LMP Realty, Inc., for the construction of a warehouse on property located at 1700 Meacham Boulevard in the 28th Street/Meacham Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-27039 be approved. The motion carried unanimously 9 ayes to 0 nays. 5. M&C C-27040 - Authorize Execution of a Five-Year Tax Abatement Agreement with VCB Property, LP, for the Construction of a Sprouts Market on Property Located at 6300 Waverly Way in the Ridglea Village/Como Neighborhood Empowerment Zone (COUNCIL DISTRICT 3) It was recommended that the City Council authorize the execution of a Five-Year Tax Abatement Agreement with VCB Property, LP, for the construction of a Sprouts Market on property located at 6300 Waverly Way in the Ridglea Village/Como Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-27040 be approved. The motion carried unanimously 9 ayes to 0 nays. 6. M&C C-27041 - Authorize Execution of a Five-Year Tax Abatement Agreement with VCB Property, LP, for the Construction of a Retail Center on Property Located at 6324 Waverly Way in the Ridglea Village/Como Neighborhood Empowerment Zone (COUNCIL DISTRICT 3) It was recommended that the City Council authorize of a Five-Year Tax Abatement Agreement with VCB Property, LP, for the construction of a retail center on property located at 6324 Waverly Way in the Ridglea Village/Como Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Espino, that Mayor and Council Communication C-27041 be approved. The motion carried unanimously 9 ayes to 0 nays. 7. M&C C-27042 - Authorize Renewal of Three Interlocal Agreements with Tarrant _County for Construction Costs to Realign Harley Avenue in the Amount of $3,213,653.50, Reconstruct East Rosedale Street in the Amount of $7,994,000.00 and for Improvements to Ten Traffic Signals Along State Highway 183 in the Amount of$108,000.00 (COUNCIL DISTRICTS 2, 4, 7, 8 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14,2014 Page 30 of 31 It was recommended that the City Council authorize the renewal of the Interlocal Agreement with Tarrant County, Texas, for the construction project to realign Harley Avenue between University Drive and Montgomery Street, City Secretary Contract No. 41877 in the amount of $3,213,653.50; authorize the renewal of the Interlocal Agreement with Tarrant County, Texas, for the reconstruction of East Rosedale Street from US 287 to west of Miller Avenue, City Secretary Contract No. 44514 in the amount of$7,994,000.00; and authorize the renewal of the Interlocal Agreement with Tarrant County, Texas, for improvements to 10 traffic signals along State Highway 183, City Secretary Contract No. 44498 in the amount of$108,000.00. Motion: Council Member Shingleton made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication C-27042 be approved with appreciation to Tarrant County. The motion carried unanimously 9 ayes to 0 nays. 8. M&C C-27043 - Authorize Execution of a Contract with M.E. Burns Construction, Inc., in the Amount of$1,841,146.00 for Water and Sanitary Sewer Replacement Contract 2009, WSM-L on Dublin Drive, Conlin Drive, De Cory Road, Sarah Jane Lane, Alcannon Street, Ray Alvin Drive, Rodeo Street and Trueland Drive, Provide for Proiect Costs and Contineencies for a Project Total in the Amount of$1,956,746.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the transfer of $1,956,746.00 from the Water and Sewer Operating Fund in the amount of$1,057,641.00 to the Water Capital Projects Fund and in the amount of $899,105.00 to the Sewer Capital Projects Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$1,057,641.00, from available funds, for the purpose of funding Water and Sanitary Sewer Replacement Contract 2009, WSM-L; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$899,105.00, from available funds, for the same purpose as reflected above; and authorize the City Manager to execute a contract with M.E. Burns Construction, Inc., in the amount of$1,841,146.00 for the same purpose as reflected above. Motion: Council Member Allen Gray made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-27043 be approved and Appropriation Ordinance Nos. 21504-10-2014 and 21505-10-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. XVI. CITIZEN PRESENTATIONS Ms. Katrina(last name not provided), homeless, completed a Citizen Presentation card relative to The T and was recognized by Mayor Price but was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 14, 2014 Page 31 of 31 Ms. Dianna Wilson, 5816 Village Course Circle #326, appeared before Council relative to Ebola, streetlights and other issues in her district that have not been resolved. Ms. Brenda Scruggs, 8132 Hosta Way. completed a Citizen Presentation card relative to tax records and was recognized by Mayor Price but was not present in the Council Chamber. Ms. Luanne Langley, 9601 FM 2258, Grandview, Texas, appeared before Council relative to biosolids and sewage sludge. Mayor Pro tem Espino directed Ms. Langley to meet with Mr. Andy Cronberg, Acting Water Department Director. XVII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XVIII. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular meeting at 9:03 p.m., in memory of Mr. William "Bill" Hooper Walker who passed away on October 8, 2014, and Ms. Sandra Dennehy, former member of the City's Sustainable Development Task Force, who passed away on October 13, 2014. These minutes approved by the Fort Worth City Council on the 21" day of October, 2014. Attest: j Mary J. s r Bic City Secr tart'