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HomeMy WebLinkAbout2014/09/16-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Present: Mayor Betsy Price Mayor Pro tem W.B. "Zim" Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Gyna M. Bivens, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Ann Zadeh, District 9 Absent: Council Member Kelly Allen Gray, District 8 (arrived at 7:34 p.m.) Staff Present: David Cooke, City Manager Sarah Fullenwider, City Attorney Mary Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:02 p.m. on Tuesday, September 16, 2014, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas, with Council Member Allen Gray temporarily absent. II. INVOCATION - Pastor Dale Shorter, Harvest Assembly of God The invocation was provided by Pastor Dale Shorter, Harvest Assembly of God. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF SEPTEMBER 9. 2014 Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that the minutes of the Regular meeting of September 9, 2014, be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray temporarily absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 2 of 14 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. 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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff.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 Bivens made a motion, seconded by Mayor Pro tem Zimmerman, that the Consent Agenda be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray temporarily absent. A. General - Consent Items 1. M&C G-18307 - Adopt Fiscal Year 2014-2015 Schedule of Rates and Charges for the City of Fort Worth Airports (COUNCIL DISTRICTS 2, 6 and 7) The City Council approved the following recommendation: Adopt Fiscal Year 2014-2015 Schedule of Rates and Charges for the City of Fort Worth Airports. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11700 - Authorize Purchase of a 2015 Dump Truck with Snow Plow and Sand Spreader from Southwest International Trucks Inc., in the Amount of $128,826.00, Using a Cooperative Contract for Fort Worth Alliance Airport (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the purchase of a 2015 Dump Truck with snow plow and sand spreader from Southwest International Trucks Inc., in the amount of $128,826.00, using Texas Association of School Boards' BuyBoard Cooperative Contract No. 430-13 for Fort Worth Alliance Airport. 2. M&C P-11701 - Authorize Execution of Contracts with Bureau Veritas North America, Inc., Metro Code Analysis, L.L.C., and Winston Services, Inc., for a Combined Amount Uo to $100,000.00 for the First Year for Overflow Commercial and Residential Inspection Services for the Planning and Development Department (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of contracts with Bureau Veritas North America, Inc., Metro Code Analysis, L.L.C., and Winston Services, Inc., for a combined amount up to $100,000.00 for the first year for overflow commercial and residential inspection services for the Planning and Development Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 3 of 14 C. Land - Consent Items 1. M&C L-15717 - Authorize Initiation of Rezoning of the Recently Annexed Deerfield Addition for Approximately 64.3 Acres of Land Located in Northeast Tarrant County, South of Wall Price Keller Road and West of Highway 377, AX - 11 -009, in Accordance with the Comprehensive Plan (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the initiation of certain zoning changes for the Deerfield Addition for approximately 64.3 acres of land in the annexation area in the Far North Sector in Northeast Tarrant County, south of Wall Price Keller Road and west of Highway 377, AX -11-009, in accordance with the Comprehensive Plan, E. Award of Contract - Consent Items 1. M&C C-26972 - Authorize Execution of a Professional Services Agreement with Radcom Technologies Inc., in the Amount of $150,000.00 Annually for Installation of Indoor Low Voltage Cabling, Copper, Fiber and Associated Pathways for the Information Technology Solutions Department Using a General Services Administration Contract in the Amount of $150,000.00 Annually (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a Professional Services Agreement with Radcom Technologies, Inc., in the amount of $150,000.00 annually for the installation of indoor low voltage cabling, copper, fiber and associated pathways for the Information Technology Solutions Department using General Services Administration Contract No. GS -35F -0252T. 2. M&C C-26973 - Authorize Payment for the City of Fort Worth's Fiscal Year 2015 Membership Dues to the North Central Texas Council of Governments in an Amount Not to Exceed $80,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize payment for the City's Fiscal Year 2015 membership to the North Central Texas Council of Governments in an amount not to exceed $80,000.00. 3. M&C C-26974 - Adopt Resolution Authorizing an Amendment to the Mineral Lease Between Dallas/Fort Worth International Airport Board, City of Fort Worth and City of Dallas and Chesapeake Exploration, L.L.C. to Extend the Timeframe for Drilling Additional Wells (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4353-09-2014 authorizing the execution of an amendment to the Mineral Lease between Dallas/Fort Worth International Airport Board, City of Fort Worth and City of Dallas and Chesapeake Exploration, L.L.C., to extend the timeframe for drilling additional wells at Dallas/Fort Worth International Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 4 of 14 4. M&C C-26975 - Authorize Amendment to Mavor and Council Communications C-24710 and C-26603 for HOME Investment Partnerships Program Grant Funds Awarded to Cornerstone Assistance Network for Single -Family Housing Development in the Polytechnic Heights Neighborhood to Allow for Rental of Houses by an Eligible Tenant (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize an amendment to Mayor and Council Communications C-24710 and C-26603 for HOME Investment Partnerships Program grant funds awarded to Cornerstone Assistance Network for a single-family housing development in the Polytechnic Heights neighborhood to allow for rental of houses by an eligible tenant. 5. M&C C-26976 - Authorize Execution of Consent to Assignment of Tax Abatement _Agreement by Lancaster Properties, LLC, to Bell Fund V Lancaster, LLC (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the execution of a Consent to Assignment of the Tax Abatement Agreement between the City and Lancaster Properties, LLC, in conjunction with the sale of the multi -family development project located at 2920 West Lancaster Avenue and 1020 Currie Street to Bell Fund V Lancaster, LLC. 6. M&C C-26977 - Authorize Amendment to Mayor and Council Communications C-24293, C-24714, C-25531, C-25676 and C-26369 to Increase the Total Amount for Development Costs and Decrease the Total Amount for Operating Funds of the HOME Investment Partnerships Program Grant Funds Awarded to Tarrant County Housing Partnership, Inc., for Single -Family Housing Development in the Hillside -Morningside Neighborhood and to Allow for Lease of Houses by Eligible Tenants (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the amendment of Mayor and Council Communications C-24293, C-24714, C-25531, C-25676 and C-26369 to increase the total amount for development costs by the amount of $125,000.00 and decrease the total amount for operating funds by the amount of $125,000.00 of the HOME Investment Partnerships Program grant funds awarded to Tarrant County Housing Partnership, Inc., for single-family housing development in the Hillside -Morningside neighborhood; and allow for rental of the houses by eligible tenants. 7. M&C C-26978 - Authorize Execution of Amendment No. 4 to Citv Secreta Contract No. 42344 with Accela, Inc., in the Amount of $295,752.91 for Work Order and Asset Management System Software Licensing and Maintenance for the Stormwater Utility, Thereby Increasing the Total Contract Cost Amount Not to Exceed $880,103.91, Increasing Appropriations in the Stormwater Utility Fund in the Amount of $295,752.91, Decreasing Unrestricted Net Position by the Same Amount and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 5 of 14 The City Council approved the following recommendation: Authorize the execution of Amendment No. 4 to City Secretary Contract No. 42344 with Accela, Inc., in the amount of $295,752.91 for Work Order and Asset Management System software licensing and maintenance for the Stormwater Utility Fund, thereby increasing the total contract cost amount not to exceed $880,103.91; and adopt Appropriation Ordinance No. 21456-09-2014 increasing estimated receipts and appropriations in the Stormwater Utility Fund in the amount of $295,752.91 and decreasing the available cash balance by the same amount, for the purpose of funding additional licenses and four years of system -wide maintenance and support for the Accela Work Order and Asset Management System. 8. M&C C-26979 - Authorize Execution of Agreements with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and Lena Pope Home, Inc., to Operate the School Security Initiative Program for the 2014-2015 School Year in the Amount of $4,388,228.55 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of agreements with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and Lena Pope Home, Inc., to operate the School Security Initiative Program for the 2014-2015 school year in the amount of $4,388,228.55. 9. M&C C-26980 - Authorize Execution of a Tank Farm Lease and Public Fueling Agreement with Richardson Aviation for Fuel Site No. 3 at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a Tank Farm Lease and Public Fueling Agreement with Richardson Aviation for Fuel Site No. 3 at Fort Worth Meacham International Airport. 10. M&C C-26981 - Authorize Execution of Change Order No. 3 to Citv Secreta Contract No. 44782 with Woody Contractors, Inc., in the Amount of $261,040.00 for a Revised Total Contract in the Amount of $3,303,974.55 for Water Replacement Contract 2010, STM -E on Ashland Avenue, Birchman Avenue and El Campo Avenue -Ashland Drainage Improvements (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Change Order No. 3 to City Secretary Contract No. 44782 with Woody Contractors, Inc., in the amount of $261,040.00 for a revised total contract in the amount of $3,303,974.55 for Water Replacement Contract 2010, STM -E on Ashland Avenue, Birchman Avenue and El Campo Avenue -Ashland drainage improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 6 of 14 it. M&C C-26982 - Authorize Execution of a Lease Agreement with Youth Advocate Prams, Inc., for Office Space in the Northside Community Center Located at 1100 Northwest 18th Street (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a two- year Lease Agreement with Youth Advocate Programs, Inc., for office space in the Northside Community Center located at 1100 Northwest 18th Street, Fort Worth, Texas 76164, with options to renew for two additional one-year periods. VITI. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1934 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for 40th Anniversary of Dallas/Fort Worth International Airport Dav Mayor Price presented a Proclamation for the 40th Anniversary of Dallas/Fort Worth International Airport Day to Ms. Linda Valdez Thompson, Executive Vice President of Administration and Diversity, D/FW International Airport. 2. Presentation of Proclamation for Freese and Nichols Texas Treasure Day Mayor Price presented a Proclamation for Freese and Nichols Texas Treasure Day to Mr. Robert Pence, CEO, Freese and Nichols, and Jim Nichols, Chairman Emeritus, Freese and Nichols. She also expressed appreciation to State Representative Craig Goldman, and Mr. Charles Boswell and Ms. Kristi Wiseman, from Senator Wendy Davis' Office, for their nomination of Freese and Nichols. 3. Presentation of Proclamation for Battle of the Badges Dav Council Member Zadeh presented a Proclamation for Battle of the Badges Day to Firefighter Brian Hekele, Fire Department. 4. Presentation of Tarrant Area Food Bank Drive Results Ms. Sharon IIerrera, Human Relations Commissioner and Member of the Food HRC Food Drive Committee stated that the results for this year were: $61,205.48 and 21,156 pounds of food donated and presented the results of the Tarrant Area Food Bank Drive, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 7 of 14 Neighborhood Grand Prize Overall (Combination of Dollars and Pounds) Per Household: 1st Place - West Byers Neighborhood Association, accepted by Ms. Cherry Richardson and Ms. Monica Koff 2nd Place - Tanglewood Neighborhood Association, accepted by Ms. Jana Wunderlich 3rd Place - Riverwood Home Owners Association, accepted by Mr. Jerry Bierschenk City Department Grand Prize Overall (Combination of Dollars and Pounds): 1st Place - Internal Audit, accepted by Ms. Jurelder Solomon, Senior Auditor 2nd Place - Law Department, accepted by Ms. Priscilla Ramirez, Legal Secretary 3rd Place - Planning and Development Department, accepted by Mr. Randle Harwood, Director Mr. Bo Soderberg, Executive Director of the Tarrant Area Food Bank, and Mr. Charles Boswell, Board member, expressed appreciation to the neighborhoods and City staff who contributed to the fight to end hunger. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Price and Council Members Espino, Shingleton and Zadeh amrounced 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 Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor Price be approved for ceremonial travel to China and Japan with members of the D/FW Airport Board beginning Friday, September 19, 2014, through September 29, 2014, to promote tourism for the City. Mayor Price added that the trip was paid for by the D/FW International Airport and the City's promotion fund. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray temporarily absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 8 of 14 XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Motion: On behalf of Mayor Price, Council Member Jordan made a motion, seconded by Council Member Shingleton, that Dr. Evan Lenow, Director, Riley Center, Southwestern Baptist Theological Society, and Mr. Francisco Hernandez, Attorney, be reappointed to the Ethics Review Commission effective October 1, 2014, and with terms expiring October 1, 2016. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray temporarily absent. XII. ELECTION OF MAYOR PRO TEMPORE Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Council Member Espino be appointed as Mayor Pro tempore for the Fort Worth City Council effective October 1, 2014. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray temporarily absent. (Council Member Allen Gray took her place at the dais.) XIII. 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. XIV. BUDGET HEARING 1. Hearing on Pronosed Fiscal Year 2014-2015 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance It was recommended that the City Council hold a public hearing on the proposed Fiscal Year 2014-2015 appropriation ordinance and ad valorem tax levy ordinance. Mayor Price opened the public hearing. a. Report of City Staff Mr. Aaron Bovos, Chief Financial Officer, Financial Management Services Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 9 of 14 b. Citizen Comments Mr. Martin Dahl, 1704 South Henderson Street, appeared before Council in opposition to the proposed Fiscal Year 2014-2015 appropriation ordinance and ad valorem tax levy ordinance. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays. XV. ORDINANCES 1. An Ordinance Setting Forth an Itemized Estimate of the Expense of Conducting Each Department, Division, and Office of the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2014, and Ending September 30, 2015, and Appropriating Money for the Various Funds and Purposes of Such Estimate, Including an Appropriation of Monet/ to Pay Interest and Principal Sinking Fund Requirement on Outstanding General Indebtedness; and Authorizing the Director of Financial Management Services Department/Chief Financial Officer to Make Certain Transfers and Allocations Up to Budgeted Amounts. and Ratifving Citv-Council-Approved Appropriation Ordinances Effecting This Budget; and Incorporating the Budget on File With the City Secretary as Revised by City Council; and Prohibiting the Expending, Obligating, or Committing of Funds in Excess of Appropriations or Actual Available Resources; and Establishing a Legal Level of Control; and Providing for Public Hearings on This Ordinance Before the Entire City Council Sitting as a Committee of the Whole; and Providing a Severability Clause; and Providing a Savings Clause; and Providing for the Repeal of All Ordinances and Appropriations in Conflict with the Provisions of this Ordinance; and Providing for the Publication and Final Passage Thereof It was recommended that the City Council adopt an ordinance setting forth an itemized estimate of the expense of conducting each department, division, and office of the municipal government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2014, and ending September 30, 2015, and appropriating money for the various funds and purposes of such estimate, including an appropriation of money to pay interest and principal sinking fund requirement on outstanding general indebtedness; and authorizing the Director of Financial Management Services Department/Chief Financial Officer to make certain transfers and allocations up to budgeted amounts; and ratifying City Council approved appropriation ordinances effecting this budget; and incorporating the budget on file with the City Secretary as revised by City Council; and prohibiting the expending, obligating, or committing of funds in excess of appropriations or actual available resources; and establishing a legal level of control; and providing for public hearings on this ordinance before the entire City Council sitting as a committee of the whole; and providing for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 10 of 14 Motion: Council Member Espino made a motion, seconded by Council Member Scarth, that the proposed FY 2014-2015 budget and appropriation ordinance along with the schedule of changes be approved and Ordinance No. 21457-09-2014 be adopted. The motion carried 8 ayes to 1 nay, with Council Member Jordan casting the dissenting vote. 2. An Ordinance Providing for the Lew and Collection of an Annual Ad Valorem Tax on All Property, Real, Personal and Mixed, Situated Within the Territorial Limits of the City of Fort Worth, Texas, and All Personal Property Owned In Said City of Fort Worth, Texas, on the First Day of January, A.D. 2014, Except Such Property as May be Exempt from Taxation by the Constitution and Laws of the State of Texas; and Providing for a Penalty; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances in Conflict with the Provisions of This Ordinance; and Providing for the Publication and Final Passage Thereof It was recommended that the City Council adopt an ordinance providing for the levy and collection of an annual ad valorem tax on all property, real, personal and mixed, situated within the territorial limits of the City of Fort Worth, Texas, and all personal property owned in said City of Fort Worth, Texas, on the 1 st day of January, A.D., 2014, except such property as may be exempt from taxation by the constitution and laws of the state of Texas; providing for a penalty; providing for a severability clause; and providing a savings clause for the repeal of all ordinances in conflict with the provisions of this ordinance. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Zimmerman, that the revenue from the property tax rate be increased by the adoption of a tax rate of $0.855 per $100.00, which is effectively a 3.17 percent increase in the tax rate and that Ad Valorem Tax Ordinance No. 21458-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. XVI. RESOLUTIONS 1. A Resolution of the Citv Council of the Citv of Fort Worth. Texas. Ratifying the Property Tax Revenue Increase Reflected in the Fiscal Year 2015 Budget, in Accordance with Section 102.007(c) of the Texas Local Government Code It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, ratifying the property tax revenue increase reflected in the Fiscal Year 2015 budget, in accordance with Section 102.007(c) of the Texas Local Government Code. Motion: Council Member Espino made a motion, seconded by Council Member Bivens, that Resolution No. 4354-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 2. A Resolution Approving the Fiscal Year 2015 Budget for Dallas/Fort Worth International Airport CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 11 of 14 It was recommended that the City Council adopt a resolution approving the Fiscal Year 2015 budget for Dallas/Fort Worth International Airport. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Resolution No. 4355-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 3. A Resolution Appointing Jesus Pavan and Jason Brown to the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth It was recommended that the City Council adopt a resolution appointing Jesus Payan and Jason Brown to the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth effective September 16, 2014, and with terms expiring August 31, 2016. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Espino, that Resolution No. 4356-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. 4. A Resolution of the City Council of the City of Fort Worth, Texas, Changing and Canceling Various Regularly Scheduled City Council Meetings for the Months of January 2015 Through December 2015 It was recommended that the City Council adopt a resolution of the City Council of the City of Fort Worth, Texas, changing and canceling various regularly scheduled City Council meetings for the months of January 2015 through December 2015. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Resolution No. 4357-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. XVII. REPORT OF THE CITY MANAGER B. General 1. M&C G-18308 - Adopt Ordinance Amending Chapter 2.5, Retirement, Article I, Employees' Retirement Fund, of the City Code to Modify Pension Benefits for Firefighters Hired on or After January 10, 2015 (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance amending Chapter 2.5 "Retirement", Article I, "Employees' Retirement Fund", Division 1, "General Provisions", to deleted unused definitions and add definitions; and adding Division 7 to incorporate benefit changes and reductions to the Employees' Retirement Fund to modify pension benefits for Firefighters hired on or after January 10, 2015; providing that this ordinance is cumulative; providing a severability clause; providing that all conditions precedent for the adoption of this ordinance have been met. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 12 of 14 Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18308 be approved and Ordinance No. 21459-09-2014 be adopted. The motion carried 8 ayes to 1 nay, with Council Member Jordan casting the dissenting vote. 2. M&C G-18309 - Authorize Transfer in the Amount Up to $3,776,146.00 in Unspent Vehicle and Equipment Replacement Appropriations from Various City Departments to the Newly Created Vehicle and Equipment Replacement Fund and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize a transfer in the amount up to $3,776,146.00 of unspent appropriations for vehicle and equipment replacement to the newly created Vehicle and Equipment Replacement Fund from the following departments - Transportation and Public Works, Public Events, Code Compliance, Planning and Development, Fire, and Parks and Community Services; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Vehicle and Equipment Replacement Fund by $3,776,146.00, subject to receipt of transfers from City departments, for the purpose of funding vehicle and equipment purchases. Motion: Council Member Bivens made a motion, seconded by Council Member Espino, that Mayor and Council Communication G-18309 be approved and Appropriation Ordinance No. 21460-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. F. Award of Contract 1. M&C C-26983 - Authorize Execution of a Contract with Woody Contractors, Inc., in the Amount of $1,912,367.90 for the Construction of Tulsa Way Drainage Improvements and Provide for Contingencies and Construction Services for a Total Project Amount of $2,190,020.20 (COUNCIL DISTRICT 7) It was recommended that the City Council authorize the execution of a contract with Woody Contractors, Inc., in the amount of $1,912,367.90 for the construction of Tulsa Way Drainage Improvements and provide for contingencies and construction services for a total project amount of $2,190,020.20. Motion: Council Member Bivens made a motion, seconded by Council Member Espino, that Mayor and Council Communication C-26983 be approved. The motion carried unanimously'9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 13 of 14 XVIII. ZONING HE, The City Council, at its meeting of September 9, 2014, continued Zoning Docket ZC-14-097. 1. ZC-14-097 - (CD 9) - Legacy Capital Investment, Gibson Lewis & Jennifer Dennis, Generally portions of the 2300-2400 blocks of McLemore, Race, Akers, Marshall, Gillis and Belknap; from: "A-5" One -Family, "B" Two -Family, "C" Medium Density Multifamily, "I" Light Industrial, "J" Medium Industrial to: "UR" Urban Residential, "MU -1" Low Intensity Mixed -Use and "MU -2" High Intensity Mixed -Use (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The following individuals appeared before Council in support of Zoning Docket ZC-14-097: Mr. Tom Galbreath, representing Dunaway Associates, 550 Bailey Avenue, Suite 400 Ms. Janice Michel, 2115 Primrose Avenue Ms. Belinda Norris, 2405 Bird Street The following individuals completed speaker cards in support of Zoning Docket ZC-14-097 and were recognized by Mayor Price but did not wish to address Council: Mr. Don Szczesny, representing Dunaway Associates, 550 Bailey Avenue, Suite 400 Mr. Peter Aberg, representing Legacy Capital, 5910 North Central Expressway, Suite 1250, Dallas, Texas The following individuals completed comment cards in support of Zoning Docket ZC-14-097: Ms. Debby Adams, 2121 West Lotus Avenue Mr. Jim Whittenburg, 2325 Lotus Ms. Sandra Whittenburg, 2325 Lotus Ms. Ashleigh Martin, 2100 Daisy Lane Mr. Rick Herring, 1128 Bonnie Brae The following individuals appeared before Council in opposition to Zoning Docket ZC-14-097: Mr. Ashley Voss, 1917 West Lotus 'Ms. Wendy Roach, 1240 Kelpie Court (provided handouts) The following individuals completed comment cards in opposition to Zoning Docket ZC-14-097: Ms. Sharon Buse, 1805 Bluebonnet Drive Mr. Josef Kutilek, 1805 Bluebonnet Drive Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-14-097 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2014 Page 14 of 14 City Secretary Kayser advised that Zoning Dockets ZC-14-121 and ZC-14-124 would be re - noticed in the Fort Worth Star -Telegram and would be heard at the October 14, 2014, Council meeting. 2. 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) 3. 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) 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 Zadeh made a motion, seconded by Council Member Bivens, that the hearing be closed and Ordinance No. 21461-09-2014 be adopted. The motion carried unanimously 9 ayes to 0 nays. XIX. CITIZEN PRESENTATIONS Mr. Bob Willoughby, 6731 Bridge Street, appeared before Council relative to issues with Code Compliance. Mr. Tony Abbs, 5500 Wentworth Street, appeared before Council relative to issues with the Police Department. Ms. Cheryl Schumacher, 2312 Carleton Avenue, appeared before Council relative to issues an internal investigation and report involving the Police Department. XX. EXECUTIVE SESSION (PRE -COUNCIL CHAMBER) - SEE ATTACHMENT B XXI. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular meeting at 8:38 p.m. These minutes approved by the Fort Worth City Council on the 23rd day of September, 2014. Attest: i Mary J. Kaw City Secretary Approved: A 5 �� W.B. "Zi immerman Mayor Pro tem