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HomeMy WebLinkAbout2018/01/23-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23,2018 Present: Mayor Pro tem Dennis Shingleton, District 7 Council Member Carlos Flores, District 2 Council Member Brian Byrd, 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 Absent: Mayor Betsy Price Staff Present: David Cooke, City Manager Peter Vaky, Deputy City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Pro tem Shingleton called the regular session of the Fort Worth City Council to order at 7:00 p.m. on Tuesday, January 23, 2018, in the City Council Chamber of the Fort Worth City Hall, 200 Texas Street, Fort Worth, Texas. II. INVOCATION—Pastor Stephen Blandino, 7 City Church The invocation was provided by Pastor Stephen Blandino, 7 City Church. III. PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND THE STATE OF TEXAS The Pledges of Allegiance to the United States of America and the State of Texas were recited. IV. CONSIDERATION OF MINUTES OF THE MEETING OF THE CITY COUNCIL WORK SESSION AND THE REGULAR MEETING OF JANUARY 9,2018 Motion: Council Member Bivens made a motion, seconded by Council Member Flores, that the minutes of the City Council Work Session and Regular meeting of January 9, 2018, be approved. Motion passed 8-0, Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 2 of 12 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be removed from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Cooke requested that Mayor and Council Communications L-16103 and C-28533 be withdrawn from the Council agenda. VII. CONSENT AGENDA Motion: Council Member Moon made a motion, seconded by Council Member Bivens, that the Consent Agenda be approved. Motion passed 8-0, Mayor Price absent. A. General - Consent Items 1. M&C G-19205 - Adopt Appropriation Ordinance Nos. 23074-01-2018 and 23075-01-2018 to Support Budget Corrections that will Align Fiscal Year 2018 Appropriations for Energy Conservation Program Debt Service Payments to the Proper Payment Centers (ALL COUNCIL DISTRICTS) 2. M&C G-19206 - Authorize a Transfer in the Amount of$328,273.94 from the Culture and Tourism Capital Projects Legacy Fund to the Culture and Tourism Capital Projects Fund to Allow Clean-Up of Residual Proceeds from Capital Improvements to the Will Rogers Memorial Center and Expenditure of Such Funds on Future Capital Improvements; and Adopt Appropriation Ordinance Nos. 23076-01-2018 and 23077-01-2018 (COUNCIL DISTRICT 7) D. Planning & Zoning- Consent Items 1. M&C PZ-3152 - Adopt Ordinance No. 23078-01-2018 Vacating an Alley in Block R, Field's Hillside Addition, Between West Bluff Street and Mills Street for Future Development in the Downtown Urban Design District (COUNCIL DISTRICT 9) E. Award of Contract- Consent Items 1. M&C C-28537 - Authorize Amendment No. 3 to Economic Development Program Agreement with Carlyle/Cypress West 7th, LP, to Remove Certain Parcels from the Scope of the Development (COUNCIL DISTRICT 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23,2018 Page 3 of 12 2. M&C C-28538 - Authorize Rejection of All Bids Received for Water and Sanitary Sewer Main Relocations for the Trinity River Vision — Central City Project and the Trinity Uptown Service Area Phase 3 — Segment A, Water and Sanitary Sewer Relocations, Part 10 and Grand Avenue Bypass Storm Drain, Part 3 (COUNCIL DISTRICT 2) 3. M&C C-28539 - Adopt Appropriation Ordinance No. 23079-01-2018 in the Amount of$2,500.00 for Increased Project Management Costs for the Sanitary Sewer Rehabilitation Pipe Enlargement Contract 2008A Project at Various Locations Throughout the City of Fort Worth (ALL COUNCIL DISTRICTS) 4. M&C C-28540 - Adopt Appropriation Ordinance No. 23080-01-2018 in the Amount of $28,000.00 for Increased Project Management Costs for the Sewer Main Replacements Contract 2013B at Various Locations Throughout the City of Fort Worth (ALL COUNCIL DISTRICTS) 5. M&C C-28541 - Authorize Execution of Change Order No. 1 in the Amount of $164,000.00 and the Addition of 87 days to City Secretary Contract No. 48579 with Ark Contracting Services LLC, for a Revised Contract Amount of $2,474,607.00 for Sanitary Sewer Rehabilitation Contract 89 and Adopt Appropriation Ordinance No.23081-01-2018 (COUNCIL DISTRICTS 3 and 7) 6. M&C C-28542 - Adopt Appropriation Ordinance Nos. 23082-01-2018 and 23083-01-2018 in the Collective Amount of $135,000.00 for Increased Project Management Costs for the Water and Sewer Main Replacements Contract 2015A Project at Various Locations Throughout the City of Fort Worth (ALL COUNCIL DISTRICTS) VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS 1. Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations, introductions, etc. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Michelle Gutt, Community Relations Office, gave a brief update on the Mayor's Community Engagement Workshops and the 2017 Neighborhood Awards. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23,2018 Page 4 of 12 Mayor Pro tem Shingleton and Council Members Flores, Moon, Bivens and Allen Gray announced upcoming and recent events within the City and various Council districts. 2. Recognition of Citizens There were 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: On behalf of Mayor Price, Council Member Jordan made a motion, seconded by Council Member Bivens, that Ms. Ebony Rose be appointed to the Community Development Council effective January 23, 2018, and with a term expiring October 1, 2019. Motion passed 8-0, Mayor Price absent. Motion: Council Member Flores made a motion, seconded by Council Member Zadeh, that Ms. Toni Early be appointed to Place 2 of the Aviation Advisory Board effective January 23, 2018, and with a term expiring October 1, 2018. Motion passed 8-0, Mayor Price absent. Motion: Council Member Jordan made a motion, seconded by Council Member Bivens, that the following individuals be appointed to Place 6 of the various boards effective January 23, 2018, and with a term expiring October 1, 2018: Mr. Michael Unell—Building Standards Commission Ms. Ebony Rose—Historic and Cultural Landmarks Commission Motion passed 8-0, Mayor Price absent. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communication from boards, commissions, and/or City Council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 5 of 12 XIII. RESOLUTION 1. A Resolution Amending Resolution No. 4893-01-2018 to Clarify the Appointment of Steve Litke to Place 10 on the Board of Trustees of the City of Fort Worth Employees' Retirement Fund Motion: Council Member Zadeh made a motion, seconded by Council Member Moon, that Resolution No. 4895-01-2018 be adopted. Motion passed 8-0, Mayor Price absent. XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-19207 - Adopt Ordinance Amending Chapter 30, Article VIII, Transportation Impact Fees, of the Fort Worth City Code, Revising the Land Use Assumptions, Capital Improvements Plan and Impact Fee Schedules for Transportation Facilities (ALL COUNCIL DISTRICTS) Motion: Council Member Jordan made a motion, seconded by Council Member Byrd, that Mayor and Council Communication G-19207 be approved as amended and adopt substitute Ordinance No. 23084-01-2018 to accept the 2017 Transportation Impact Fee Study but striking the reference to the collection rate fee schedule and direct staff to bring the collection rate (Schedule 2) back for Council's consideration on February 20, 2018. Motion passed 8-0, Mayor Price absent. 2. M&C G-19208 - Conduct Public Hearing to Consider a Variance from Section 4-4 of the City Code to Allow Alcoholic Beverage Sales for Wine and Beer with Off-Premise Consumption at Maria's Mini Mart Located at 1631 E. Vickery Boulevard (COUNCIL DISTRICT 8) (PUBLIC HEARING) Mayor Pro tem Shingleton opened the public hearing. a. Report of City Staff Ms. Dana Burgdoff, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Ryan Hughes, 1111 South Main Street, Grapevine, Texas, appeared before Council in support of Mayor and Council Communication G-19208. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23,2018 Page 6 of 12 The following individuals appeared before Council in opposition to Mayor and Council Communication G-19208: Mr. Alvin Pope, 3112 Kathy Lane Ms. Jerry Hammack 1634 Stella Street Ms. Kelly O'Conan, 1708 East Leuda Mr. Isaiah Smith, P.O. Box 163411, appeared before Council undecided relative to Mayor and Council Communication G-19208 c. Council Action Motion: Council Member Allen Gray made a motion, seconded by Council Member Bivens, that the public hearing be closed and the variance requested in Mayor and Council Communication G-19208 be denied. Motion passed 8-0, Mayor Price absent. 3. M&C G-19209 - Conduct Public Hearing, Adopt Resolution Supporting the Application of the Fort Worth Transportation Authority, for a Municipal Setting Designation for the Property Located at 1401 Swift Street, Fort Worth, Texas, to the Texas Commission on Environmental Quality, and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9) (PUBLIC HEARING) Mayor Pro tem Shingleton opened the public hearing. a. Report of City Staff Mr. Cody Whittenburg, Code Compliance Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. LaSondra Huggins, 8504 Ohara Lane, completed an undecided card relative to Mayor and Council Communication G-19209 and was recognized by Mayor Pro tem Shingleton but was not present in the Council Chamber. c. Council Action Motion: Council Member Zadeh made a motion, seconded by Council Member Moon, that the public hearing be closed, Mayor and Council Communication G-19209 be approved and Resolution No. 4896-01-2018 and Ordinance No. 23085-01-2018 be adopted. Motion passed 8-0, Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 7 of 12 4. M&C G-19210 - Conduct Public Hearing, Adopt Resolution Supporting the Application of Fort Worth Transportation Authority, for a Municipal Setting Designation for the Property Located at 2417 E. Long Avenue, Fort Worth, Texas, to the Texas Commission on Environmental Quality and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 2) (PUBLIC HEARING) Mayor Pro tem Shingleton opened the public hearing. a. Report of City Staff Mr. Cody Whittenburg, Code Compliance Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no Citizen Presentations. c. Council Action Motion: Council Member Flores made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication G-19210 be approved and Resolution No. 4897-01-2018 and Ordinance No. 23086-01-2018 be adopted. Motion passed 8-0,Mayor Price absent. C. Purchase of Equipment, Materials, and Services 1. M&C P-12149 - Authorize Purchase of Fifty-Five 2018 Chevrolet Tahoes from Johnson-Grayson Automotive, Inc. d/b/a Holiday Chevrolet in an Amount'Up to $1,786,503.20, 54 Tahoes at a Cost of $32,503.00 and One Tahoe for $31,341.20, Using Tarrant County Cooperative Contract 2016-006 for the Police Department Through the Property Management Department (ALL COUNCIL DISTRICTS) Ms. LaSondra Huggins, 8504 Ohara Lane, completed an undecided card relative to Mayor and Council Communication P-12149 and was recognized by Mayor Pro tem Shingleton but was not present in the Council Chamber. Mr. Isaiah Smith, P.O. Box. 163411, appeared before Council undecided relative to Mayor and Council Communication P-12149. Motion: Council Member Moon made a motion, seconded by Council Member Bivens,that Mayor and Council Communication P-12149 be approved. Motion passed 8-0, Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 8 of 12 D. Land 1. M&C L-16103 - Authorize Acquisition of a Permanent Water Facility Easement in 1.43 Acres of Land and a Temporary Construction Easement in 3.88 Acres from Property Owned by Williamson-Dickie Manufacturing Company Located in Abstract No. 1600, Josiah Walker Survey, Tarrant County, Fort Worth, Texas, Also Known as 9201 US Highway 287, for the Northside II 48-inch Water Transmission Main Project in the Amount of $250,032.10 and Pay Estimated Closing Costs in the Amount Up to $3,000.00 for a Total Cost of $253,032.10 (COUNCIL DISTRICT 2) (Continued from a Previous Meeting) It was the consensus of the City Council that Mayor and Council Communication L-16103 be removed from the Council agenda. 2. M&C L-16103 - (Revised) Authorize Acquisition of a Permanent Water Facility Easement in 1.43 Acres of Land and a Temporary Construction Easement in 3.88 Acres from Property Owned by Williamson-Dickie Manufacturing Company, LLC, Located in Abstract No. 1600, Josiah Walker Survey, Tarrant County, Fort Worth, Texas, Also Known as 9201 US Highway 287, for the Northside II 48-inch Water Transmission Main Project in the Amount of $254,637.20 and the Additional Consideration to Include Williamson-Dickie Manufacturing Company, LLC, in Good Faith in the Discussions Related to the Proposed Future Heritage Trace Parkway and the Associated Bridge, and Pay Estimated Closing Costs in the Amount Up to $3,000.00 for a Total Cost of$257,637.20 (COUNCIL DISTRICT 2) Motion: Council Member Flores made a motion, seconded by Council Member Bivens, that Mayor and Council Communication L-16103 Revised be approved. Motion passed 8-0, Mayor Price absent. F. Award of Contract 1. M&C C-28533 - Authorize Amendment to License and Lease Agreement with Fort Worth Botanical Society, Inc., for the Botanic Garden to Require Deposit of Revenue (COUNCIL DISTRICT 7) (Continued from a Previous Meeting) It was the consensus of the City Council that Mayor and Council Communication C-28533 be removed from the Council agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23,2018 Page 9 of 12 2. M&C C-28533 - (Revised) Authorize Amendment to License and Lease Agreement with Fort Worth Botanical Society, Inc., for the Botanic Garden to Amend Provisions Relating to Deposit of Revenue and Management of Special Events (COUNCIL DISTRICT 7) Motion: Council Member Jordan made a motion, seconded by Council Member Flores, that Mayor and Council Communication C-28533 Revised be approved. Motion passed 8-0, Mayor Price absent. 3. M&C C-28543 - Authorize Execution of Contract with Ark Contracting Services, LLC, in the Amount of $4,101,683.50 for 2014 CIP Year 3 Contract No. 9, Combined Street Paving Improvements, Water and Sanitary Sewer Main Improvements and Adopt Appropriation Ordinances (2014 BOND PROGRAM) (COUNCIL DISTRICTS 8 and 9) Motion: Council Member Zadeh made a motion, seconded by Council Member Moon, that Mayor and Council Communication C-28543 be approved and Appropriation Ordinance Nos. 23087-01-2018 and 23088-01-2018 be adopted. Motion passed 8-0, Mayor Price absent. 4. M&C C-28544 - Authorize Execution of a Construction Contract with The Fain Group, Inc., in the Amount of $2,357,709.60, for the Urban Villages Central Cluster Project, Six Points Urban Village from Grace Avenue to Holden Street, and Transfer Previous Appropriations from the Six Points Urban Village Streetscape Project to the Urban Villages Central Cluster Project(2014 Bond Program) (COUNCIL DISTRICT 9) Motion: Council Member Zadeh made a motion, seconded by Council Member Byrd, that Mayor and Council Communication C-28544 be approved. Motion passed 8-0, Mayor Price absent. 5. M&C C-28545 - Authorize Execution of Engineering Agreement with Kimley- Horn and Associates, in the Amount of $1,795,070.00 for Clear Fork Lift Station and Force Main, Provide for Staff Costs, Property Acquisition and Utility Coordination for a Total Project Amount of $3,591,570.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) Motion: Council Member Zadeh made a motion, seconded by Council Member Moon, that Mayor and Council Communication C-28545 be approved and Resolution No. 4898-01-2018 and Appropriation Ordinance No. 23089-01-2018 be adopted. Motion passed 8-0, Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 10 of 12 XV. ZONING HEARING The City Council, at its meeting of January 9, 2018, continued Zoning Docket ZC-17-198: 1. ZC-17-198 - (CD 9) - Po-Chu Lu, 2900 8th Avenue; From: PD 1061 Planned Development for medical and professional offices only with "ER" development standards To: Amend PD 1061 Planned Development to include art gallery and studio; site plan included (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Mr. Po-Chu Lu, 3740 South University Drive, Suite 101, completed a speaker card in support of Zoning Docket ZC-17-198 and was recognized by Mayor Pro tem Shingleton but did not wish to address Council. Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-17-198 be approved. Motion passed 8-0, Mayor Price absent. The City Council, at its meeting of January 9, 2018,continued Zoning Docket ZC-17-202: 2. ZC-17-202 - (CD 6) - 800 McPherson Partners, LLC, 800 McPherson Road; From: "AG" Agricultural To: "A-5" One-Family (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The following individuals completed speaker cards in support of Zoning Docket ZC-17-202 and were recognized by Mayor Pro tem Shingleton but did not wish to address Council. Mr. Danny McFadden, 6700 West Freeway, Suite 700, Weatherford, Texas Mr. Jim Haddock, 7932 Chartwell Lane Motion: Council Member Jordan made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-17-202 be approved. Motion passed 8-0, Mayor Price absent. The Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on December 22, 2017. Mayor Pro tem Shingleton opened the public hearing. 3. ZC-18-001 - (CD 3) - 820/30 Interchange LTD, 1304 Alemeda Street; From "A- 5" One-Family and "F" General Commercial To: "A-5" One-Family (Recommended for Approval by the Zoning Commission) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 11 of 12 Motion: Council Member Byrd made a motion, seconded by Council Member Moon, that Zoning Docket ZC-18-001 be approved. Motion passed 8-0, Mayor Price absent. 4. ZC-18-006 - (CD 9) - 275 University Drive, LLC, 275 University Drive; From: PD 936 Planned Development for all uses in "E" Neighborhood Commercial plus indoor storage of automobiles; site plan waived To: Amend PD 936 to remove auto storage and add auto sales and service; site plan waiver requested (Recommended for Denial by the Zoning Commission) Ms. Shana Crawford, 105 Nursery Lane, Suite 200, appeared before Council in support of Zoning Docket ZC-18-006 and provided handouts. Mr. Jason Baxter, 105 Nursery Lane, Suite 200, completed a speaker card in support of Zoning Docket ZC-18-006 and was recognized by Mayor Pro tem Shingleton but did not wish to address Council. Motion: Council Member Zadeh made a motion, seconded by Council Member Moon, that Zoning Docket ZC-18-006 be approved as amended by amending PD 936 to remove auto storage and add electric auto sales and service, to include site plan indicating screening, security access gate,truck loading onsite, removal of the pole sign, service conducted inside the building and allowing charging stations outside. Motion passed 8-0, Mayor Price absent. 5. ZC-18-007 - (CD 9) - 275 University Drive, LLC, 251 University Drive; From: "E" Neighborhood Commercial To: "UR" Urban Residential (Recommended for Approval by the Zoning Commission) The following individuals completed speaker cards in support of Zoning Docket ZC-18-007 and were recognized by Mayor Pro tem Shingleton but did not wish to address Council: Ms. Shana Crawford, 105 Nursery Lane, Suite 200 Mr. Jason Baxter, 105 Nursery Lane, Suite 200 Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-18-007 be approved. Motion passed 8-0, Mayor Price absent. 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 Zadeh made a motion, seconded by Council Member Bivens, that the hearing be closed and Ordinance No. 23090-01-2018 be adopted. Motion passed 8-0, Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JANUARY 23, 2018 Page 12 of 12 XVI. CITIZEN PRESENTATIONS Mr. Bob Willoughby, 6731 Bridge Street #125, appeared before Council relative to Code Compliance issues. Ms. LaSondra Huggins, 8504 Ohara Lane, completed a Citizen Presentation card relative to herself and was recognized by Mayor Pro tem Shingleton but was not present in the Council Chamber. Mr. Gerald Banks, Sr., 6861 Routt Street, appeared before Council relative to his wrongful arrest and the Jacqueline Craig family. Ms. Jennifer Frank, 5322 Westminster Court, completed a Citizen Presentation card relative to the 2018 Bond Program and the Trinity River Vision and was recognized by Mayor Pro tem Shingleton but was not present in the Council Chamber. XVII. EXECUTIVE SESSION (CITY COUNCIL CONFERENCE ROOM, CITY HALL, ROOM 290) XVIII. ADJOURNMENT There being no further business, Mayor Pro tem Shingleton adjourned the Regular meeting 8:05 p.m. These minutes approved by the Fort Worth City Council on the 301'of January, 2018. Attest: Approve ry J. ejF 0 ri City Secretary r