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HomeMy WebLinkAbout2017/02/07-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Present: Mayor Betsy Price Mayor Pro tem Dennis Shingleton, District 7 Council Member Salvador Espino, District 2 Council Member W.B. "Zim" Zimmerman, District 3 Council Member Cary Moon, District 4 Council Member Gyna Bivens, District 5 Council Member Jungus Jordan, District 6 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 7:02 p.m. on Tuesday, February 7, 2017, in the City Council Chamber of the Fort Worth City Hall, 200 Texas Street, Fort Worth, Texas. II. INVOCATION—Pastor Chris Freeland, McKinney Memorial Bible Church The invocation was provided by Pastor Chris Freeland of McKinney Memorial Bible Church in Fort Worth. III. PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND THE STATE OF TEXAS The Pledge of Allegiance to the United States of America and the State of Texas was recited. IV. CONSIDERATION OF MINUTES OF THE JOINT CITY COUNCIL AND FORT WORTH EMPLOYEES' RETIREMENT FUND BOARD AND CITY COUNCIL WORK SESSION OF JANUARY 24, 2017, AND CITY COUNCIL WORK SESSION AND THE REGULAR MEETING OF JANUARY 31,2017 Motion: Council Member Zimmerman made a motion, seconded by Council Member Moon, that the minutes of the Joint City Council and Fort Worth Employees' Retirement Fund Board and City Council Work Session of January 24, 2017, and City Council Work Session and the Regular meeting of January 31, 2017, be approved. Motion passed 9-0. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7,2017 Page 2 of 14 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Cooke requested that Mayor and Council Communication L-15998 be withdrawn from the Consent Agenda for individual consideration. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Allen Gray made a motion, seconded by Council Member Zimmerman, that the Consent Agenda be approved as amended. Motion passed 9-0. A. General - Consent Items 1. M&C G-18938 - Adopt Resolution No. 4740-02-2017 Authorizing the City Attorney to Retain the Law Firm of Kelly Hart & Hallman, LLP, as Outside Legal Counsel, Pursuant to Chapter VI, Section 3 of the City Charter, to Provide Legal Representation to Defend the City in a Fee Dispute Brought by Cantey Hanger LLP (ALL COUNCIL DISTRICTS) 2. M&C G-18939 -Adopt Revised Schedule of Parking Rates and Charges for the Municipal Parking System at the Fort Worth Convention Center to be Effective on March 1,2017 (COUNCIL DISTRICT 9) 3. M&C G-18940 - Authorize Temporary Closure of a Segment of Pharr Street One-Hundred Feet West of its Intersection with the I-35 Southbound Service Road from February 15, 2017 Through March 15, 2017 (COUNCIL DISTRICT 8) 4. M&C G-18941 - Approve Request of Downtown Fort Worth Initiatives, Inc., for Temporary Street Closures from April 17, 2017 Through April 24, 2017 to Accommodate the 2017 Main Street Fort Worth Arts Festival (COUNCIL DISTRICT 9) Ms. Toby Norris, 1513 Hurley Avenue, submitted a comment card in opposition to Mayor and Council Communication G-18941. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 3 of 14 5. M&C G-18942 - Authorize Acceptance of an Additional Award in the Amount of $235,000.00 in Fiscal Year 2015 Homeland Security Grant Program Funds from the United States Department of Homeland Security Through the State of Texas, Office of the Governor, Authorize Execution of Related Documents, and Adopt Appropriation Ordinance No. 22590-02-2017 (ALL COUNCIL DISTRICTS) B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11995 - Authorize Purchase of an Etnyre Chip Spreader from RB Everett & Company in the Amount of $179,910.00, Using a Cooperative Contract for the Transportation and Public Works Department Through the Property Management Department (ALL COUNCIL DISTRICTS) C. Land - Consent Items 1. M&C L-15997 - Authorize Direct Sale of a City Fee-Owned Property Located at 3009 Hemphill Street to a Buyer for the Amount of the Highest Cash Offer, in Accordance with Section 253.014 of the Texas Local Government Code (COUNCIL DISTRICT 9) E. Award of Contract- Consent Items 1. M&C C-28098 - Authorize Execution of One-Year Annual Contracts with Renewal Options for Construction Inspection Services for Various City Construction Projects with Freese and Nichols, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape- Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, TEI Program/Construction Management, Inc., Teague Nall & Perkins, Inc., and VRX, Inc., with a Fee Not to Exceed $900,000.00 Annually Per Firm (ALL COUNCIL DISTRICTS) 2. M&C C-28099 - Authorize Execution of a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an Amount Not to Exceed $87,800.00 for Construction Phase Administration Services for the Construction of Heritage Trace Parkway and Tehama Ridge Parkway Roundabout Intersection (ALL COUNCIL DISTRICTS) 3. M&C C-28100 - Authorize Execution of an Interlocal Agreement with Tarrant County with City Participation in the Amount of $362,299.90 for Street Rehabilitation on South Pipeline Road from Raider Road to House Anderson Road (COUNCIL DISTRICT 5) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7,2017 Page 4 of 14 4. M&C C-28101 - Authorize Establishment of Ten Quiet Zones - Five at Union Pacific Railroad Crossings: Ayers Avenue, Hughes Avenue, Oakland Boulevard, Tierney Road, and Handley Drive; Four at Burlington Northern Santa Fe Railroad Crossings: Bonds Ranch Road, W. Seminary Drive, W. Butler Street, and W. Biddison Street; and One at Trinity Railway Express Railroad Crossing: Mosier Valley Road After the Necessary Construction Has Been Completed at Each Location(COUNCIL DISTRICTS 5, 7, 8 and 9) 5. M&C C-28102 - Authorize Execution of Change Order No. 4 in the Amount of $768,894.00 to City Secretary Contract No. 46976 with The Ridgemont Company d/b/a Ridgemont Commercial Construction, Inc., for a Revised Contract Amount of$26,310,304.00 for the North Service Center (2014 BOND PROGRAM) (COUNCIL DISTRICT 7) 6. M&C C-28103 - Ratify Emergency Contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, City Secretary No. 46849, in the Final Amount of$63,640.00 for Emergency Sanitary Sewer Repair Work Performed at 6200 Pioneer Parkway (COUNCIL DISTRICT 5) 7. M&C C-28104 - Ratify Emergency Contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, City Secretary No. 46850, in the Final Amount of$63,955.00 for Emergency Sanitary Sewer Repair Work Performed at 6286 Broadway Avenue and Approximately Six Hundred Fifty Feet West of Lavon Drive (COUNCIL DISTRICT 4) 8. M&C C-28105 - Authorize Execution of a Contract with Excel 4 Construction, LLC, in the Amount of $891,350.00 for Sanitary Sewer Rehabilitation, Contract 92, Part 1 Located in the University West-Park Hill Place, Colonial Hills and University Place Neighborhoods, Provide for Project Costs and Contingencies for a Total Project Amount of $1,085,050.00 and Adopt Appropriation Ordinance No. 22591-02-2017 (COUNCIL DISTRICTS 3 and 9) VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1. Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7,2017 Page 5 of 14 B. General 2. M&C L-15998 - Authorize Dedication of All Easements Required to Facilitate the Development of a Future Charter School on City Property Located at 5817 and 5901 Boca Raton Boulevard (COUNCIL DISTRICT 4) Ms. Altonette Wilson, 3329 Wayland Drive, completed an undecided speaker card relative to Mayor and Council Communication L-15998 and was recognized by Mayor Price but was not present in the Council Chamber. Motion: Council Member Moon made a motion, seconded by Mayor Pro tem Shingleton, that Mayor and Council Communication L-15998 be approved. Motion passed 9-0. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS,ETC. 1. Presentation by Fort Worth Sister Cities, Inc. and the Administration of the Citizen Diplomat Oath Mr. Johnny Campbell, Chair, Fort Worth Sister Cities, Inc., recognized five businessmen visiting from Reggio Emilia, Italy with interest in expanding their business to Fort Worth. Ms. Hannah Barron, Trier Germany Chair, presented the experience of the eighteen member delegation of community and business leaders to Trier, Germany. City Manager Cooke shared his experience and invited Mayor Price to podium to present a gift from Trier, Germany. Ms. Mae Ferguson, President and Chief Executive Officer, recognized students and teachers who will represent Fort Worth as part of the Youth Ambassador Exchange program traveling to Reggio Emilia, Italy, Tier, Germany, Budapest, Hungry, Toluca, Mexico. Mayor Price administered the Citizen Diplomat Oath to the Youth Ambassadors. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Price, Council Members Espino, Moon, Bivens, and Allen Gray announced upcoming and recent events within the City and various Council districts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 6 of 14 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: Mayor Pro tem Shingleton on behalf of the Legislative and Intergovernmental Affairs Committee made a motion, seconded by Council Member Espino, to approve the appointments of Mr. Robert Lee to Place 4 and Ms. Leslie Thompson to Place 8 on the Fort Worth Art Commission with terms expiring September 30, 2018. Motion passed 9-0. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions and/or City Council committees. XIII. ORDINANCE 1. An Ordinance Ordering a General Election by the Qualified Voters of the City of Fort Worth, Texas, on May 6, 2017, for the Purpose of Electing the Mayor and City Council Members for City of Fort Worth and Ordering a Runoff Election, If Needed Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Shingleton, that Ordinance No. 22592-02-2017, be adopted. Motion passed 9-0. 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 January 22, 2017. Mayor Price opened the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 7 of 14 1. ZC-16-192 - (CD 9) - City of Fort Worth Planning & Development: Text Amendment: Create Berry/University Form Based Code; An Ordinance amending the Zoning Ordinance of the City of Fort Worth, being Ordinance No. 21653, as amended, codified as Appendix "A" of the Code of The City of Fort Worth (2015), by amending Article 13 "Form Based Districts", of Chapter 4, "District Regulations" to: Add a new section, Section 4.1308 Berry/University ("BU") District'; Add separate zones within the district; Provide for standards for new construction and certain renovations; Require a Certificate of Appropriateness for new construction and certain renovations; Provide for administrative approval of Certificate of Appropriateness under certain circumstances; Provide an appeal process; and Amend Section 4.1200 Form Based Districts Code Use Table to add the uses allowed within the Berry/University District (Recommended for Approval as Amended by the Zoning Commission to add buffer landscaping requirement when adjacent to "A-5'19 "B", or "BU-RA") The following individuals completed a speaker card in support of Zoning Docket ZC-16-192 and were recognized by Mayor Price but did not wish to address the Council: Ms. Martha Jones, 3136 Wabash Avenue Mr. Jim Johnson, 3224 Rogers Avenue Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-16-192 be approved and Ordinance No. 22593-02-2017 be adopted. Motion passed 9-0. 2. ZC-16-193 - (CD 9) - City of Fort Worth Planning & Development: Map Amendment: Create Berry Form Based Code with Subdistricts, Generally bounded by Bowie and Lowden Streets to the north, UPRR to the east, Devitt and Mission Streets to the south and Stadium to the west; From: "A-5" One- Family, "B" Two-Family, "C" Medium Density Multifamily, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "MU- 1" Low Intensity Mixed Use, "MU-2" High Intensity Mixed Use, "J" Medium Industrial, PD38 "PD/SU" Planned Development/Specific Use to permit a small animal hospital; requiring a screening fence along the south boundary of the subject property, PD157 "PD/SU" for all uses in "E" and overnight parking of a dump truck with trailer subject to restrictions, PD497 Planned Development/Specific Use or all uses in "MU-2" High Intensity Mixed Use District except certain uses, PD 532 "PD/MU-1" Planned Development/Low Intensity Mixed-Use increasing the height to 80 feet, or six stories, for the area at 3113 South University Dr. and "PD/MU-2" Planned Development/High Intensity Mixed-Use for all uses in MU-2 except for certain uses, PD 667 "PD/SU" Planned Development/Specific Use for all uses in "C" Medium CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7,2017 Page 8 of 14 Density Multi Family Residential plus parking for Texas Christian University only and PD 826 "PD/MU-1" Planned Development for all uses in "MU-1" Low Intensity Mixed Use plus drive-thru restaurant per site plan To: Berry University Form Based Code with Subdistricts: Residential Attached (BU-RA), Residential Mixed Use (BU-RX), Commercial Mixed Use (BU-CX), Shopfront (BU-SH), Institutional Mixed Use (BU-IX) and Civic (BU-CIV) with Storm Water Bonus Area (Recommended for Approval by the Zoning Commission) Motion: Council Member Zadeh made a motion, seconded by Council Member Allen Gray, that Zoning Docket ZC-16-193 be approved. Motion passed 9-0. 3. ZC-17-001 - (CD 7) - Lennar Homes of Texas, 1197 Keller Haslet N/Westport, 600-800 blocks Rancho Canyon Way; From: "AG" Agricultural To: "A-5" One-Family and "A-7.5" One-Family (Recommended for Approval by the Zoning Commission) Mr. Patrick Haun, 777 Main Street, Suite 1200, appeared before Council in support of Zoning Docket ZC-17-001. Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-17-001 be approved. Motion passed 9-0. 4. ZC-17-003 - (CD 4) - LRB Holdings Inc., 1849 Handley Ederville Road: From: "G" Intensive Commercial To: "I" Light Industrial (Recommended for Approval by the Zoning Commission) Mr. David Eseke, 2021 McKinney Avenue, Suite 900, Dallas, TX, completed a speaker card in support of Zoning Docket ZC-17-003 and was recognized by Mayor Price but did not wish to address the Council. Motion: Council Member Moon made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-17-003 be approved. Motion passed 9-0. 5. ZC-17-004 - (CD 8) - Brian Villegas, 2155 New York Avenue; From: "A-5" One-Family To: "B" Two-Family (applicant request) "PDB" Planned Development for all uses in "B" Two-Family with waiver to front yard parking; site plan waiver recommended (Zoning Commission recommendation) (Recommended for Approval as Amended to PDB with front yard parking, site plan waiver) Mr. Brian Villegas, 2155 New York Avenue, appeared before Council in support of Zoning Docket ZC-17-004. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 9 of 14 Motion: Council Member Allen Gray made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-17-004 be approved. Motion passed 9-0. 6. ZC-17-005 - (CD 9) - Texas Christian University, 2809-2829 (odds) Princeton Street; From: "C" Medium Density Multifamily/TCU Overlay To: PD 497 Planned Development for all uses in 'MU-1' Low Intensity Mixed Use excluding ambulance dispatch station, blood bank, electric power substation probation or parole office, auto repair, paint & body shop, boat rental or sales, cold storage or ice plant, gunsmithing, repair or sales, mini-warehouses, newspaper distribution center, assembly of pre-manufactured parts except for vehicle trailers, airplanes, mobile homes, bottling works, milk or soft drinks, manufacture of artificial flowers, ornaments, awnings, tents, bags, cleaning or polishing preparations, small boats, novelties and clothing, monument works stone, paper box manufacture, rubber stamp manufacture, sheet metal shop, warehouse or bulk storage, welding shop, custom work (not structural); with the following waivers to the MU-1 standards: 1) front yard setback on Cantey Street greater than 20 feet, 2) to not meet facade or fenestration requirements, 3) to not meet building material masonry requirements, 4) to not provide building entries to the public street, and 5) provide main entrances interior to the property; site plan waiver recommended/TCU Overlay (Recommended for Approval by the Zoning Commission) Motion: Council Member Zadeh made a motion, seconded by Mayor Pro tem Shingleton, that Zoning Docket ZC-17-005 be approved. Motion passed 9-0. 7. ZC-17-006 - (CD 9) - Texas Christian University, 2800 & 2900 block Merida Avenue, From: "B" Two-Family/TCU Overlay To: PD 497 Planned Development for all uses in "MU-1" Low Intensity Mixed Use excluding ambulance dispatch station, blood bank, electric power substation probation or parole office, auto repair, paint & body shop, boat rental or sales, cold storage or ice plant, gunsmithing, repair or sales, mini-warehouses, newspaper distribution center, assembly of pre-manufactured parts except for vehicle trailers, airplanes, mobile homes, bottling works, milk or soft drinks, manufacture of artificial flowers, ornaments, awnings, tents, bags, cleaning or polishing preparations, small boats, novelties and clothing, monument works stone, paper box manufacture, rubber stamp manufacture, sheet metal shop, warehouse or bulk storage, welding shop, custom work (not structural); with the following waivers to the MU-1 standards: 1) front yard setback on Cantey Street greater than 20 feet, 2) to not meet facade or fenestration requirements, 3) to not meet building material masonry requirements, 4) to not provide building entries to the public street, and 5) provide main entrances interior to the property; site plan waiver recommended/TCU Overlay (Recommended for Approval by the Zoning Commission) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7,2017 Page 10 of 14 Motion: Council Member Zadeh made a motion, seconded by Council Member Allen Gray,that Zoning Docket ZC-17-006 be approved. Motion passed 9-0. 8. SP-17-001 - (CD 3) - Ahmad and Ansari Investment Group LLC, 6728 W. Vickery Boulevard; From: PD 578 Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus: Neighborhood Grocery Market and Fuel Sales and excluding the following: adult day care; ambulance dispatch station; care facility, hospice, hospital; center, community recreation, or welfare (private or non-profit); private country club; continued golf driving range; place of worship; telecommunications antenna (or structure); telecommunications tower; utility transmission or distribution line; amusement outdoor; drive-in restaurant or business; lodge or civic club; drive thru bank massage therapy; commercial swimming pool; theater, movie or auditorium; ry park; antique shop,business college or commercial school; cold storage plant or ice plant; large retail (single story over 60,000 square feet); laundry, dry- cleaning or washateria; liquor store or package store; mortuary or funeral home; pawn shop; tattoo parlor; taxidermist shop; veterinary clinic with kennels; garage, storage only; parking area or garage, commercial or auxiliary; trailer, portable, sales, construction or storage; vendor, transient door-to-door; electric power substation; water supply, treatment or storage facility; bed and breakfast home or inn; airport, aviation field; helistop or landing area; batch plant concrete or asphalt plant(temporary) To: Amend PD 578 site plan to add retail buildings and parking (Recommended for Approval by the Zoning Commission) Mr. Daniel Shearer, 300 North Akard Street, #1712, Dallas, Texas, appeared before Council in support of Zoning Docket SP-17-001. Motion: Council Member Zimmerman made a motion, seconded by Council Member Moon, that Zoning Docket SP-17-001 be approved. Motion passed 9-0. 9. ZC-17-008 - (CD 3) - Walid Elwaei, 3136 and 3142 Sappington Place; From: "A-5/AO" One-Family/NASJRB Airport Overlay To: "C/AO" Medium Density Multifamily/NASJRB Airport Overlay (applicant request) "B/AO" Two- Family/NASJRB Airport Overlay (Zoning Commission recommendation) (Recommended for Approval as Amended by the Zoning Commission to "B/AO") Mr. Walid Elwaei, 3142 Sappington Place, appeared before Council in support of Zoning Docket ZC-17-008. Motion: Council Member Zimmerman made a motion, seconded by Council Member Moon,that Zoning Docket ZC-17-008 be approved. Motion passed 9-0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 11 of 14 10. ZC-17-009 - (CD 7) - Mereken Land & Production Company, 3300 W. 4th Street; From: PD 733 Planned Development/Specific Use for Residence with Office for both units; site plan required To: Amend PD 733 for auxiliary parking lot only with waiver to utilize the existing fence to the west as the screening fence; site plan included (Recommended for Approval by the Zoning Commission) The following individuals completed speaker cards in support of Zoning Docket ZC-17-009 and were recognized by Mayor Price but did not wish to address the Council: Mr. Ray Oujesky, 201 Main Street, Suite 2500 Ms. Lynnette Payne, 1547 North Highway 77, Italy, TX Mr. Scott Noles, 3755 West 6th Street Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-17-009 be approved. Motion passed 9-0. 11. SP-17-002 - (CD 9) - Will Ed Wadley, 120 University Drive; From: PD 458 "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial including retait/showroom for rental of equipment for construction, banquets, catering and events. Warehousing for materials, equipment, linens, utensils and supplies. Outdoor display and storage of equipment, tools and other materials. Hours of operation 7:00 a.m. to 5:30 p.m. Monday thru Saturday. No storage of materials above the height of the fence. No intrusion by lights on the adjacent property. All booms and lifts will be stored in the lowered or retracted position To: Amend site plan PD 458 to allow for structure parking and increase the size of south building (Recommended for Approval by the Zoning Commission) Mr. Joe Hardin, 8628 Throncrest Court, North Richland Hills, Texas, completed a speaker card in support of Zoning Docket SP-17-002 and was recognized by Mayor Price but did not wish to address the Council. Motion: Council Member Zadeh made a motion, seconded by Council Member Zimmerman, that Zoning Docket SP-17-002 be approved. Motion passed 9-0. 12. ZC-17-012 - (CD 5) - Lucila Franco, 3211 Burton Avenue; From: "A-5" One- Family To: "PD/ER" Planned Development for a beauty salon with "ER" Neighborhood Commercial Restricted development standards; site plan included (Recommended for Approval by the Zoning Commission) Motion: Council Member Bivens made a motion, seconded by Mayor Pro tem Shingleton that Zoning Docket ZC-17-012 be approved. Motion passed 9-0. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7,2017 Page 12 of 14 There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining Zoning Ordinance No. 13896 for the above-listed cases, Council Member Bivens made a motion, seconded by Mayor Pro tem Shingleton, that the hearing be closed and Ordinance No. 22594-02-2017 be adopted. Motion passed 9-0. XV. REPORT OF THE CITY MANAGER B. General 1. M&C G-18943 - Adopt Ordinance Amending Chapter 22 "Motor Vehicles and Traffic," Article III "Operation of Vehicles," Section 22-86 "Speeding," Subsections (h) and (i) of the Code of the City of Fort Worth, Texas (2015), as Amended, to Change the Locations, Extent and Speed Limits of Certain Speed Zones (ALL COUNCIL DISTRICTS) Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Shingleton, that Mayor and Council Communication G-18943 be approved and Ordinance No. 22595-02-2017 be adopted. Motion passed 9-0. C. Purchase of Equipment, Materials, and Services 1. M&C P-11996 - Authorize Execution of a Professional Services Agreement with All City Management Services, Inc., for Crossing Guard Services in an Amount Up to $1,495,844.00 Per Year for the Police Department (ALL COUNCIL DISTRICTS) Motion: Council Member Zimmerman made a motion, seconded by Council Member Moon, that Mayor and Council Communication P-11996 be approved with appreciation. Motion passed 9-0. E. Planniniz & Zoning 1. M&C PZ-3127 - Consider Appeal of the Denial by the City Plan Commission Regarding the Proposed Vacation of a Portion of Carroll Street in the West Seventh Urban Village (COUNCIL DISTRICT 9) Ms. Margaret DeMoss completed a comment card in opposition to Mayor and Council Communication PZ-3127. Motion: Council Member Zadeh made a motion, seconded by Mayor Pro tem Shingleton, that Mayor and Council Communication PZ-3127 be denied. Motion passed 9-0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 13 of 14 F. Award of Contract 1. M&C C-28106- Authorize Execution of a Contract with S.J. Louis Construction of Texas, Ltd., in the Amount of $9,882,130.00 for Northside II Forty-Eight Inch Water Main Phase 11, Part 1 from Heritage Trace Parkway/Harmon Road Intersection to Wagley Robertson Road, Provide for Project Costs, Testing and Contingencies for Part 1 for a Total Project Amount of $10,958,030.00, Adopt Resolution No. 4741-02-2017 Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication C-28106 be approved and Appropriation Ordinance Nos. 22596-02-2017 and 22597-02-2017 be adopted. Motion passed 9-0. XVI. CITIZEN PRESENTATIONS Ms. Jill Humphreys, 1420 6t" Avenue South, completed a citizen presentation card and was recognized but was not present in the Council Chamber. Ms. Dianna Wilson, 5816 Village Court Circle #326, appeared before the Council relative to scrap metal processing in her apartment complex. Ms. Toby Norris, 1513 Hurley Avenue, completed a citizen presentation card and was recognized but was not present in the Council Chamber. Mr. Thomas Hamilton, 3101 View Street, appeared before the Council relative to homelessness and its impact on the environment. Ms. Shawna Bateman, 1440 Sierra Springs Drive, Bedford, Texas, completed a citizen presentation card and was recognized by Mayor Price but was not present in the Council Chamber. Mr. Casey Mills, 6909 Wilton Drive, appeared before the Council in support of the Council's service implementing the school crossing guard program and in appreciation of Council Member Jordan and the Council's efforts to maintain a cohesive community. The following citizens appeared before the Council relative to the Jacqueline Craig family: Ms. Sallie Trotter, 2217 Lipscomb Street Ms. Sophia Harris, 425 Kennedy Drive, Crowley, Texas Ms. Kimberly Bird, 6401 Elm Crest Court Ms. Sharon Mason Ford-Turner, 8316 Tallahassee Lane Ms. Breinn Richter, 1801 16`" Avenue CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2017 Page 14 of 14 Mr. Gerald Banks, Sr., 6861 Routt Street, appeared before the Council relative to the Jacqueline Craig incident and Officer William Martin. The following individuals completed a citizen presentation card relative to the Jacqueline Craig family and/or Officer William Martin and was recognized by Mayor Price but was not present in the Council Chamber: Ms. Pamela Young, 4352 Dulles Drive Mr. Lee Merritt, 400 South Zang Boulevard Suite 350, Dallas, Texas, Mr. Syed Hamza, 2932 Woodbridge Drive Mayor Price introduced City Attorney Fullenwider to address legal issues related to Officer Martin and the Jacqueline Craig case. City Attorney Fullenwider's statement is as follows: Mayor and Council, over the past three weeks during Citizen Presentations, there have been statements indicating misunderstandings about the legal authority of the Council and the City Manager under the Civil Service Law to fire Officer Martin. Neither Council nor City Manager have the legal authority to fire or discipline Officer Martin because of Civil Service rules and regulations. That authority lies with the Police Chief and he has made his disciplinary decision. In addition, City Attorney Fullenwider expressed she is available by appointment to discuss the situation further. XVII. EXECUTIVE SESSION (CITY COUNCIL CONFERENCE ROOM, CITY HALL, ROOM 290) XVIII. ADJOURNMENT There being no fizrther business, Mayor Price adjourned the Regular meeting at 8:33 p.m. These minutes approved by the Fort Worth City Council on the 141'day of February, 2017. Attest: Ap Mary J. KaysW I Lj Betsy rice City Secretary Mayor