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HomeMy WebLinkAbout2014/11/18-Minutes-City Council CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 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 Sh.ingleton, District 7 Council Member Ann Zadeh, District 9 Absent: Council Member Kelly Allen Gray, District 8 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 for a Day, SuperFrog, banged the gavel and Mayor Price called the regular session of the Fort Worth City Council to order at 10:12 a.m. on Tuesday, November 18, 2014, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas,with Council Member Allen Gray absent. II. INVOCATION -Minister Steve Cloer, Southside Church of Christ The invocation was provided by Minister Steve Cloer, Southside Church of Christ. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. City Secretary Kayser advised that the Special Presentations would be moved up on the agenda. XI. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation on AARP Network of Age-Friendly Communities Ms. Carmel Perez Snyder, AARP Texas Associate State Director, Outreach, gave a presentation on AARP's Network of Age-Friendly Communities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18,2014 Page 2 of 16 2. Presentation by TCU SuperFrog Mayor for a Day, SuperFrog, presented a proclamation to Mayor Price proclaiming that Fort Worth GOES PURPLE from November 18, 2014, through December 6, 2014, in support of the TCU Horned Frogs and their successful 2014 season and continued quest for the College Football Playoffs. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF NOVEMBER 11, 2014 Motion: Council Member Zimmerman made a motion, seconded by Council Member Scarth, that the minutes of the Regular meeting of November 11, 2014, be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. V. CERTIFICATION OF OFFICIAL RETURNS BY CITY SECRETARY L Special Election Held on November 4, 2014, for the Purpose of 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 Proiect and Designating Methods of Finance for the Venue Proiect, in Accordance with Chapter 334, Texas Local Government Code, as Amended City Secretary Kayser, presented the Certifications of the Tabulations of the Official Election Returns from Tarrant and Denton Counties for the Special Election held on Tuesday, November 4, 2014, with the certified cumulative returns for such election reported as follows: Proposition 1 For 99,519 Against 26,524 Proposition 2 For 96,153 Against 29,083 Proposition 3 For 88,824 Against 34,290 The certified cumulative results showed that all propositions passed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18,2014 Page 3 of 16 Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan, to acknowledge the receipt of the Certification of Official Election returns and that they be filed of record in the City's Election Register. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. VI. A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 4, 2014, FOR THE PURPOSE OF 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 FINANCE FOR THE VENUE PROJECT, IN ACCORDANCE WITH CHAPTER 334, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED It was recommended that the City Council adopt a resolution canvassing the returns and declaring the results of the Special Election held on November 4, 2014, for the purpose of 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 finance for the venue project, in accordance with Chapter 334, Texas Local Government Code, as amended. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Resolution No. 4378-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. VII. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. VIII. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. IX. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that the Consent Agenda be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 4 of 16 A. General - Consent Items 1. M&C G-18360 - Adopt Resolution Nominating the Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., Medical Facility Located at 900 Eighth Avenue as an Enterprise Proiect, Pursuant to the Texas Enterprise Zone Act, Chapter 2303, of the Texas Government Code (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Adopt Resolution No. 4379-11-2014 nominating the Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., medical facility located at 900 Eighth Avenue as an Enterprise Project, pursuant to the Texas Enterprise Zone Act, Chapter 2303, of the Texas Government Code. 2. M&C G-18361 - Adopt Resolution Appointing Randall Petersen as Hearing Officer and Reappointing Charles McLure as Substitute Hearing Officer for the Automated Red Light Enforcement Program Pursuant to Chapter 22, Article XII, Section 22-366(c) of the Code of the City of Fort Worth, Texas with the Authority to Administer Oaths, Issue Orders Compelling the Attendance of Witnesses and the Production of Documents and to Conduct Administrative Hearings (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4380-11-2014 appointing Randall Petersen as Hearing Officer effective November 18, 2014, and with a term expiring November 17, 2016, and reappointing Charles McLure as Substitute Hearing Officer effective December 11, 2014, and with a term expiring December 10, 2016, for the Automated Red Light Enforcement Program pursuant to Chapter 22, Article XII, Section 22-366(c) of the Code of the City of Fort Worth, Texas, with the authority to administer oaths, issue orders compelling the attendance of witnesses and the production of documents and to conduct administrative hearings. 3. M&C G-18362 - Authorize Temporary Closure of a Segment of Silver Creek Road from Watercress Drive to Western Oaks Road Beginning November 19, 2014 Through July 2, 2015 to Facilitate Reconstruction of the Silver Creek Bridge (COUNCIL DISTRICTS 3 and 7) The City Council approved the following recommendation: Authorize the temporary closure of a segment of Silver Creek Road from Watercress Drive to Western Oaks Road beginning November 19, 2014, through July 2, 2015, to facilitate reconstruction of the Silver Creek Bridge. 4. M&C G-18363 - Authorize Transfers from the Will Rogers Improvements Fund to the Capital Proiects Reserve Fund and from the Public Events Fund to the General Fund and to the Public Events Capital Proiect Fund and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 7 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 5 of 16 The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21529-11-2014 increasing estimated receipts and appropriations in the Will Rogers Improvements Fund, GC66, in the amount of$134,181.00, from available funds, for the purpose of cleaning up old project funds; adopt Appropriation Ordinance No. 21530-11-2014 increasing estimated receipts and appropriations in the Public Events Capital Projects Fund, C192, in the amount of$600,000.00, from available funds, for the same purpose as reflected above; authorize the transfer in the amount of$138,732.86 from the Will Rogers Improvements Fund, GC66, to the Capital Projects Reserve Fund, GC10; authorize the transfer in the amount of $22,635.96 from the Public Events Fund, C192, to the General Fund, GG01; authorize the transfer in the amount of$545,443.42 from the Public Events Fund, C192, to the Public Events Capital Project Fund, C234; adopt Appropriation Ordinance No. 21531-11-2014 increasing estimated receipts and appropriations in the Public Events Capital Projects Fund, C234, in the amount of $545,443.42, from available funds, for the same purpose as reflected above; and adopt Appropriation Ordinance No. 21532-11-2014 increasing estimated receipts and appropriations in the General Fund in the amount of $22,635.96, from available funds, for the purpose of decreasing the anticipated use of fund balance in the Fiscal Year 2015 budget. 5. M&C G-18364 - Adopt Ordinance Amending Fire Department Staffing Ordinance No. 21515-10-2014 to Reduce the Number of Positions in the Captain's Rank by Three and Reduce the Total Civil Service Staffing Levels from 911 to 908 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Ordinance No. 21533-11- 2014 amending the Fire Department Staffing Ordinance No. 21515-10-2014 to reduce the number of positions in the Captain's rank in the Fire Department by three and reduce the total Civil Service staffing levels from 911 to 908 effective upon approval; providing for adoption by reference of a statement of intent and purpose in adopting this ordinance; providing that this ordinance is cumulative of all prior ordinances not in conflict and repealing all other ordinances. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11715 - Authorize Execution of a Purchase Agreement with VP Imaging, Inc. d/b/a DocuNav Solutions, in the Amount of$134,127.00 from the Information Systems Fund for an Additional Module of Laserfiche Electronic Document Management Software, Training, Maintenance and Support, Using a Cooperative Contract for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Purchase Agreement with VP Imaging, Inc., d/b/a DocuNav Solutions in the amount of $134,127.00 from the Information Systems Fund for an additional module of Laserfiche Electronic Document Management software, training, maintenance and support using BuyBoard Purchasing Cooperative Contract No. 465-14 for the Information Technology Solutions Department. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 6 of 16 E. Award of Contract - Consent Items 1. M&C C-27077 - Authorize Reiection of All Bids for the Ridglea Urban Village Streetscape Improvements Proiect (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the rejection of all bids received for the Ridglea Urban Village Streetscape Improvements Project. 2. M&C C-27078 - Authorize Settlement of the Claims Related to the Lawsuit Stephanie Wilson Marshall v. City of Fort Worth, No. CV12-09-610, in the 271st District Court, Wise County, Texas and Authorb-e Execution of Releases and Agreements Necessary to Complete the Settlement (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Approve the settlement and authorize payment of a total of$75,000.00 to Stephanie Wilson Marshall and her attorneys, Zoe Courtney and Jason C.N. Smith, for the settlement of possible claims related to the lawsuit styled Stephanie Wilson Marshall v. City of Fort Worth, No. CV12-09-610, in the 271st District Court, Wise County, Texas; and authorize execution of releases and agreements necessary to complete the settlement. 3. M&C C-27079 - Authorize Execution of a Sole Source Agreement with Oracle, Inc., for Continued Primavera Unifier Software Cloud Hosting, Maintenance and Support Services for the City's Capital Proiects Management System for the Annual Amount of $196,908.14 from the Information Systems Fund (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Sole Source Agreement with Oracle, Inc., for continued Primavera Unifier Software Cloud hosting, maintenance and support services for the City's Capital Projects Management System for the annual amount of$196,908.14 from the Information Systems Fund; and authorize the agreement to begin on October 1, 2014, and expire on September 30, 2015. 4. M&C C-27080 - Authorize Execution of Amendment No. 2 for the Architectural Design and Construction Administration Services Agreement with Quorum Architects, Inc., in the Amount of $884,360.00 Plus Up to $10,000.00 in Reimbursable Expenses for the Phase Two Design for a Total Agreement Amount of $2,041,825.00 Plus Up to $30,000.00 in Reimbursable Expenses for the North Service Center, Field Operations Services Facility, 2014 Bond Program (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 7 of 16 The City Council approved the following recommendation: Authorize the execution of Amendment No. 2 to City Secretary Contract No. 44432, for the Architectural Design and Construction Administration Services Agreement with Quorum Architects, Inc., in the amount of $884,360.00 plus up to $10,000.00 in reimbursable expenses for the Phase Two Design for a total agreement amount of$2,041.825.00 plus up to $30,000.00 in reimbursable expenses for the North Service Center, Field Operations Services Facility, 2014 Bond Program. 5. M&C C-27081 - Authorize Execution of a Professional Services Agreement with O'Connor Architecture & Interior Design, Ltd., in the Amount of $704,800.00, Including $17,300.00 in Reimbursable Expenses, for Design and Construction Administration of the Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant and Provide for Proiect Costs and Contingencies for a Total Proiect Amount of$780,000.00, 2014 Bond Program (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a Professional Services Agreement with O'Connor Architecture & Interior Design, Ltd., in the amount of $704,800.00, including $17,300.00 in reimbursable expenses, for design and construction administration of the Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant and provide for project costs and contingencies for a total project amount of $780,000.00, 2014 Bond Program. 6. M&C C-27082 - Authorize Execution of Contract with Toter, Inc., in the Amount Up to $1,302,250.00 for the First Year and to Expire January 30, 2018, for the Purchase, Delivery and Maintenance of Garbage, Recycling and Yard Waste Carts, Using a Cooperative Purchasing Agreement (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract with Toter Inc., in the amount up to $1,302,250.00 for the first year and to expire on January 30, 2018, for the purchase, delivery and maintenance of garbage, recycling and yard waste carts using the National Intergovernmental Purchasing Alliance Cooperative Purchasing Agreement No. 120576. 7. M&C C-27083 - Authorize Execution of Amendment No. 3 to City Secretary Contract No. 42955, an Engineering Agreement with Alan Plummer Associates, Inc., in the Amount of$261,908.00 for a Total Revised Contract in the Amount of $1,329,524.40 for Engineering and Design Services for the Casino Beach/Watercress Water and Sewer Improvements Phase 2 at Lake Worth and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18,2014 Page 8 of 16 The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 21534-11-2014 increasing estimated receipts and appropriations in the Lake Worth Gas Lease Capital Improvement Fund in the amount of$261,908.00, from available funds, for the purpose of funding improvements associated with the Casino Beach/Watercress Water and Sewer Improvements Phase 2 at Lake Worth; authorize the transfer of $261,908.00 from the Lake Worth Gas Lease Capital Improvement Fund to the Water Capital Projects Fund and the Sewer Capital Projects Fund; adopt Appropriation Ordinance No. 21535-11-2014 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $117,858.60, from available funds, for the same purpose as reflected above; adopt Appropriation Ordinance No. 21536-11-2014 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $144,049.40, from available funds, for the same purpose as reflected above; and authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 42955, an Engineering Agreement with Alan Plummer Associates, Inc., in the amount of$261,908.00 for a total revised contract in the amount of$1,329,524.40, for the same purpose as reflected above. 8. M&C C-27084 - Authorize Acceptance of a Grant and Execution of a Contract with the Texas Department of Housiniz and Community Affairs for the 2015 Community Services Block Grant Program that is Administered by the Parks and Community Services Department in an Amount Up to $1,800,000.00 Through December 31, 2015, Adopt Interim Appropriation Ordinance and Adopt Final Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of a grant and the execution of a contract with the Texas Department of Housing and Community Affairs (TDHCA) in an amount up to $1,800,000.00 for the 2015 Community Services Block Grant Program that is administered by the Parks and Community Service Department through December 31, 2015, based upon the final award amount; adopt Interim Appropriation Ordinance No. 21537-11-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of$300,000.00, for interim financing of a grant from the TDHCA, for the same purpose as reflected above; providing for a reduction in budgetary authority in the amount of$300,000.00 if grant funds are not received; and adopt Final Appropriation Ordinance No. 21538-11-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,500,000.00, subject to execution of a Grant Agreement with the TDHCA and subject to receipt of funds, for the same purpose as reflected above. X. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1941 - Notice of Claims for Allelled Damalzes and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 9 of 16 XII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Mayor Price, Mayor Pro tem Espino and Council Members Zimmerman, Scarth 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. XIII. PRESENTATIONS BY THE CITY COUNCIL 1. Chanes in Membership on Boards and Commissions Motion: On behalf of Council Member Allen Gray, Council Member Scarth made a motion, seconded by Mayor Pro tem Espino, that Ms. Andrea Rogers-Henry be reappointed to the Library Advisory Board, effective November 18, 2014, and with a term expiring October 1, 2016. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. Motion: On behalf of the Legislative and Intergovernmental Affairs Committee, Council Member Scarth made a motion, seconded by Council Member Zimmerman, that Ms. Alonda F. Massey be appointed to Place 3 (representing Council Member Allen Gray), effective November 18, 2014, and with a term to run concurrently with Council Member Allen Gray's term. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XIV. 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. XV. RESOLUTION 1. A Resolution Confirming the Appointment of Rhonda K. Robertson as the Fort Worth Police Chief in an Interim Capacity CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 10 of 16 It was recommended that the City Council adopt a resolution confirming the appointment of Assistant Chief Rhonda K. Robertson as the Fort Worth Police Chief in an interim capacity effective at 12:01 a.m. on January 10, 2015. Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that Resolution No. 4381-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XVI. REPORT OF THE CITY MANAGER B. General 1. M&C G-18365 - Adopt Ordinance Repealing and Restating Chapter 22 Motor Vehicles and Traffic, Article III Operation of Vehicles, Section 22-86 Speeding of the Code of the City of Fort Worth, Texas to Recodify the Speed Zone Tables (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance repealing and restating Chapter 22 "Motor Vehicles and Traffic," Article III "Operation of Vehicles," Section 22-86 "Speeding," of the Code of the City of Fort Worth, Texas (1986), as amended, to recodify the speed zone tables; providing that this ordinance shall be cumulative of all prior ordinances and repealing conflicting ordinances. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18365 be approved and Ordinance No. 21539-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. D. Land 1. M&C L-15733 - Consider Institution and Adoption of Ordinance for the Owner- Initiated Annexation of Approximately 1.52 Acres of Land in Tarrant County Located Along Avondale Haslet Road, East of US Highway 287 and West of Willow Springs Road, AX-14-003 (COUNCIL DISTRICT 7) It was recommended that the City Council institute and adopt an ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for full-purpose annexation of a certain 1.521 acres (0.002 square miles) of land, more or less, out of the B.R. Lacy Survey, Abstract No. 990, Tracts 1 and 2; and the G.S. Rall Survey, Abstract No. 1801, located along Avondale Haslet Road, east of US 287 and west of Willow Springs Road, in Tarrant County, Texas (Case No. AX-14-003), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18,2014 Page 11 of 16 Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication L-15733 be approved and Ordinance 21540 -11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. 2. M&C L-15734 - Authorize Condemnation by Eminent Domain for a Right-of- Way Easement on 0.020 Acres of Land and a Temporary Construction Easement on 0.0197 Acres of Land Owned by Erma J. Calton Located at 0000 East Rosedale Street for the East Rosedale Street, Miller Avenue to Stalcup Road Improvement Project (COUNCIL DISTRICT 5) It was recommended that the City Council declare that negotiations between the City and the landowner to acquire a right-of-way easement on 0.020 acres of land and a temporary easement on 0.0197 acres of land for construction on property owned by Erma J. Calton described as P.H. Ahler Survey, Tract 3, Abstract No. 33, located at 0000 East Rosedale Street, Fort Worth, Texas, north of the East Rosedale Street and Langston Street intersection, were unsuccessful due to an inability to agree on the value of the needed property; declare the necessity to acquire the right- of-way easement and temporary construction easement for the East Rosedale Street, Miller Avenue to Stalcup Road Improvement Project; authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described right-of-way and temporary construction easement interest in the property; authorize payment pursuant to an award of commissioners or a negotiated settlement; and authorize the City Manager or his designee to accept and record appropriate instruments. Motion: Council Member Bivens made a motion, seconded by Mayor Pro tem Espino, that Mayor and Council Communication L-15730 be approved and that the Fort Worth City Council authorize use of the power of eminent domain to acquire 0.020 acres of land for a right-of-way easement and 0.0197 acres of land for a temporary construction easement from property located on East Rosedale Street, situated in the P.H. Ahler Survey, Tract 3, Abstract No. 33, Tarrant County, Texas, from owner Erma J. Calton. The land rights will be used for the East Rosedale Street Improvement Project to reconstruct East Rosedale Street from Miller Avenue to Stalcup Road. The easement interests are more specifically described in the metes and bounds, and depicted in the surveys attached to the Mayor and Council Communication. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. F. Award of Contract 1. M&C C-27085 - Authorize Execution of a Five-Year Tax Abatement Agreement with Eliu Aleiandra Gonzalez for the Construction of a Commercial Building on Property Located at 3412 E. Rosedale Street in the Polytechnic/ Wesleyan Neighborhood Empowerment Zone (COUNCIL DISTRICT 8) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 12 of 16 It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with Eliu Alejandra Gonzalez for the construction of a commercial building on property described as south 115 feet of Lot 6, Block 25, Polytechnic Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas, located at 3412 East Rosedale Street in the Polytechnic/Wesleyan 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 Zimmerman, that Mayor and Council Communication C-27085 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. 2. M&C C-27086 - Authorize Execution of a Five-Year Tax Abatement Agreement with Tarrant County Housing Partnership, Inc., for the Construction of Ten Low- Income Single Family Homes 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 Tarrant County Housing Partnership, Inc., for the construction of 10 low- income single family homes situated in various locations in the Evans and Rosedale 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 Zimmerman, that Mayor and Council C-27086 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. 3. M&C C-27087 - Authorize Execution of One-Year Annual Contracts with Renewal Options for Geotechnical and Construction Materials Testing for Various Developer Construction Projects with Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., Ellerbee Walczak, Inc., Fugro Consultants, Inc., Globe Engineers, Inc., Kleinfelder Central, Inc., Landtec Engineers, LLC, Mas-Tek Engineering & Associates, Inc., Rone Engineering Services, Ltd., Terracon Consultants, Inc. and T. Smith Inspection and Testing, LLC, with a Fee Not to Exceed $300,000.00 Annually Per Firm (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18,2014 Page 13 of 16 It was recommended that the City Council authorize the City Manager to execute individual contracts with Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., Ellerbee Walczak, Inc., Fugro Consultants, Inc., Globe Engineers, Inc., Kleinfelder Central, Inc., Landtec Engineers, LLC, Mas-Tek Engineering & Associates, Inc., Rone Engineering Services, Ltd., Terracon Consultants, Inc., and T. Smith Inspection and Testing, LLC, for geotechnical and construction materials testing for various developer projects; the term of each agreement is one- year with two 1-year options with a fee not to exceed $300,000.00 annually per firm. Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council C-27087 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. 4. M&C C-27088 - Authorize Acceptance of a Grant and Execution of a Contract with the Texas Department of Housing and Community Affairs for the 2015 Comprehensive Energy Assistance Program in the Amount Up to $7,000,000.00 Through December 31, 2015, Adopt Interim Appropriation Ordinance and Adopt Final Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize acceptance of a grant and the execution of a contract with the Texas Department of Housing and Community Affairs (TDHCA) in an amount up to $7,000,000.00 for the 2015 Comprehensive Energy Assistance Program based upon the final award amount through December 31, 2015; adopt an interim appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $500,000.00, for interim financing of a grant from the TDHCA, for the same purpose as reflected above; providing for a reduction in budgetary authority in the amount of $500,000.00 if grant funds are not received; and adopt a final appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$6,500,000.00, subject to execution of a Grant Agreement with the TDHCA, and subject to receipt of funds, for the same purpose as reflected above. Motion: Council Member Bivens made a motion, seconded by Council Member Zadeh, that Mayor and Council C-27088 be approved and Interim Appropriation Ordinance No. 21541-11-2014 and Final Appropriation Ordinance No. 21542-11-2014 be adopted. The motion carried unanimously 8 ayes to 0, nays with Council Member Allen Gray absent. 5. M&C C-27089 - Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2015 Weatherization Assistance Program in the Amount Up to $2,000,000.00, Authorize Related Contracts, Adopt Interim Appropriation Ordinance and Adopt Final Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 14 of 16 It was recommended that the City Council authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs (TDHCA) in the amount up to $2,000,000.00 for the Low-Income Housing Energy Assistance Program for the 2015 Weatherization Assistance Program; authorize the execution of related contracts, including any amendments, extensions and renewals, in accordance with the City policies and regulations, with TDHCA for the grant funds for program year January 1, 2015, through December 31, 2015; adopt an interim appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$300,000.00, for interim financing of a grant from TDHCA, for the same purpose as reflected above; providing for a reduction in budgetary authority in the amount of$300,000.00 if grant funds are not received; and adopt a final appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,700,000.00, subject to execution of a Grant Agreement with the TDHCA, and subject to receipt of funds, for the same purpose as reflected above. Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Mayor and Council Communication CO27089 be approved and Interim Appropriation No. 21543-11-2014 and Final Appropriation No. 21544-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XVII. PUBLIC HEARING 1. Second Public Hearin, for a Proposed City-Initiated Annexation of Approximately 69.2 Acres of Land in Tarrant County, Located Alona Longhorn Road, West of Main Street and North of Northwest Loop 820(AX-14-004, Area 3 It was recommended that the City Council hold a second public hearing for a proposed City- initiated annexation of approximately 69.2 acres of land in Tarrant County, located along Longhorn Road, west of Main Street and north of Northwest Loop 820 (AX-14-004,Area 36-1). Mayor Price opened the public hearing. a. Report of City Staff Mr. Leo Valencia, Senior Planner, Plaruling and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There were no citizen comments. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 15 of 16 XVIII. 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 October 31, 2014. 1. ZC-14-109 - (CD 7) - HDMM Investments, LLC, 2310 Avondale Haslet Road; from: Unzoned to: "E" Neighborhood Commercial (Recommended for Approval by the Zoning Commission) Mr. Gene Capps, 4550 SH 360, Suite 180, Grapevine, Texas, completed a speaker card in support of Zoning Docket ZC-14-109 and was recognized by Mayor Price but did not wish to address Council. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-109 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. 2. ZC-14-141 - (CD 4) - Emerging Properties I, LTD, 6750 Fossil Bluff Drive; from: "PD-823" Planned Development for all uses in "G" Intensive Commercial plus hotel, site plan approved to: "G" Intensive Commercial (Recommended for Approval by the Zoning Commission) Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-14-141 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. There being no one present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above-listed cases, Council Member Shingleton made a motion, seconded by Council Member Bivens, that the hearing be closed and Ordinance No. 21545-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XIX. APPEAL FROM THE DENIAL OF A BUILDING PERMIT FOR A SINGLE FAMILY RESIDENCE LOCATED AT 2543 HIGHVIEW TERRACE, FORT WORTH (ORDINANCE NO. 21509-10-2014) Mr. Trey Penny III, 2543 Highview Terrace, appeared before Council to appeal the denial of a building permit for a single family residence located at 2543 Highview Terrace, Fort Worth, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2014 Page 16 of 16 Motion: Council Member Zadeh made a motion, seconded by Council Member Zimmerman, to approve a building permit for a single family residence located at 2543 Highview Terrace, Fort Worth, Texas, Ordinance No. 21509-10-2014. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XX. APPEAL FROM THE DENIAL OF A BUILDING PERMIT FOR A SINGLE FAMILY RESIDENCE LOCATED AT 2533 WAYSIDE AVENUE, FORT WORTH (ORDINANCE NO. 21509-10-2014) This appeal was withdrawn. XXI. APPEAL FROM THE DENIAL OF A BUILDING PERMIT FOR A SINGLE FAMILY RESIDENCE LOCATED AT 3700 COUNTRY CLUB CIRCLE, FORT WORTH (ORDINANCE NO. 21509-10-2014) Mr. Jordan Hutyra, P.O. Box 35289, appeared before Council to appeal the denial of a building permit for a single family residence located at 2533 Wayside Avenue, Fort Worth, Texas. Motion: Council Member Zimmerman made a motion, seconded by Council Member Zadeh, to approve a building permit for a single family residence located at 3700 Country Club Circle, Fort Worth, Texas, Ordinance No. 21509-10-2014. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XXII. CITIZEN PRESENTATIONS There were no Citizen Presentations. XXIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XXIV. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular meeting at 10:53 a.m., in memory of Mr. Holt Hickman who passed away on Saturday,November 15, 2014. These minutes approv*d by the Fort Worth City *onticay of December, 2 d 14 Attest:Mar J. er Y City Secret y