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HomeMy WebLinkAbout2012/02/07-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 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 Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary L 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 7:00 p.m., on Tuesday, February 7, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. The invocation was provided by Reverend Walter McDonald, Baker Chapel AME. I < The Pledge of Allegiance was recited. CONSIDERATION c R MEETING OF JANUA 31, 2012, 1 MINUTES OF COUNCIL BUS TOUR OF DISTRICTS 2 AND , ON JANUARY Motion: Council Member Scarth made a motion, seconded by Council Member Espino that the minutes of the regular meeting of January 31, 2012, and the Minutes of the Council Bus Tour of Districts 2 and 4 on January 31, 2012, be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 2 of 13 There were no items to be withdrawn from the Consent Agenda. I 1 1,c I c There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Items on the Consent Agenda deliberation by the City Council. Approval Agenda City Manager, or his designee, to implement each item in accordance with staff Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11355 - Authorize Execution of Agreement with ThyssenKrupp Elevator Corporation Using The Cooperative Purchasing Network Contract in an Amount Not to Exceed $200,000.00 for the First Year for Elevator and Escalator Repairs and Service for Public Events Department Facilities (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize execution of an agreement with ThyssenKrupp Elevator Corporation using the Cooperative Purchasing Network Contract in an amount not to exceed $200,000.00 for the first year for the elevator and escalator repairs for Public Events Department facilities. 2. M &C P -11356 - Authorize Maintenance Agreement with A61ent Technologies for the Water Department for A61ent Gas Chromatograph -Mass Spectrophotometer Equipment in the Amount of $60,000.00 for the First Year (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a sole source Maintenance Agreement for Agilent Gas Chromatograph -Mass Spectrophotometer equipment with Agilent Technologies for the Water Department in the amount of $60,000.00 for the first year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 3 of 13 D. Planning & Zoning - Consent Items 1. M &C PZ -2966 - Authorize Initiation of Rezoning for Certain Properties in the Burchill Neighborhood Area in Accordance with the Comprehensive Plan (COUNCIL DISTRICTS 5 and 8) The City Council approved the following recommendation: Authorize the City Manager to initiate certain zoning changes in the Burchill neighborhood, from "A -10" One - Family, "A -5" One - Family, "B" Two - Family, "C" and "D" Multifamily, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "I" Light Industrial, and "PD" Planned Development, to "A -5" One - Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, and "PD" Planned Development, in accordance with the Comprehensive Plan. E. Award of Contract - Consent Items 1. M &C C -25425 - Authorize Execution of a Communications Systems Agreement with the City of Cleburne for Participation in the City of Fort Worth's Two -Way Public Safety Radio System at No Cost to the City of Fort Worth (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a Communications Systems Agreement with the City of Cleburne for participation in the City of Fort Worth's Two -Way Public Safety Radio System for mutual aid purposes at no cost to the City of Fort Worth. 2. M &C C -25426 - Authorize Execution of a Work Order with Job Order Contractor, Yeargan Construction Company, LLC -The Mark IV Construction Group, LLC, in the Amount of $73,932.61 Plus $15,067.39 in Staff Costs and Contingency to Expand the Covered Exercise Arena in the Burnett Building at the Will Rogers Memorial Center (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of a work order in the amount of $73,932.61 plus $15,067.39 for contingency and staff costs with Job Order Contractor, Yeargan Construction Company, LLC —The Mark IV Construction Group, LLC, to expand the covered exercise arena in the Burnett Building at the Will Rogers Memorial Center. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 4 of 13 3. M &C C -25427 - Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $727,316.50 for Sanitary Sewer Rehabilitation Contract 69, Part 3 on Griggs Avenue, Ava Drive, Vel Drive, Tanney Hill Lane, Ramey Avenue, Eastland Street and Montague Street (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $727,316.50 for Sanitary Sewer Rehabilitation Contract 69, Part 3 on Griggs Avenue, from Hardeman Street to Quail Trail; Ava Drive, from Vel Drive to Ramey Avenue; Vel Drive, from Debra Court Drive to Tanney Hill Lane; Tanney Hill Lane, from Ramey Avenue to Ava Drive; Ramey Avenue, from Ava Drive to Truman Drive; Eastland Street, from Cravens Road to Cravens Road; and Montague Street, from Cravens Road to East Dead End Road. 4. M &C C -25428 - Authorize Engineering Agreement with Malcolm Pirnie, Inc., in the Amount of $293,400.00 for Process Evaluation and Conceptual Design of Side Stream Treatment at the Village Creek Water Reclamation Facility (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize execution of an Engineering Agreement with Malcolm Pirnie, Inc., in the amount of $293,400.00, for Process Evaluation and Conceptual Design of Side Stream Treatment at the Village Creek Water Reclamation Facility. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1840 - Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. �Mil 111, 111, �; c 1 1. Presentation of Certificatpqtgp�qgnition to Tarrant Count Historical and Genealogical Socie!j, Inc. Council Member Hicks presented a Certificate of Recognition to the Tarrant County Black Historical and Genealogical Society. She stated that the Tarrant County Black Historical and Genealogical Society's mission was to locate, collect, analyze, organize and preserve African - American historical contributions. She further stated that materials were used to educate, empower and interpret African - American history in Tarrant County. She advised that this history was significant in the developmental heritage and growth of Tarrant County. She also referenced the success of the annual Harambee Festival that was held in the Evans Avenue Plaza. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 5 of 13 Mrs. Brenda Sanders -Wise, Executive Director, Tarrant County Black Historical and Genealogical Society, expressed appreciation to the Mayor and Council for the recognition and using a PowerPoint presentation, highlighted the special events of the Tarrant County Black Historical and Genealogical Society for 2011 and the upcoming events for 2012. She also stated that the Society's five year goal was to design and build the Fort Worth Museum of African - American History. She invited everyone to attend the fundraiser event on April 28, 2012, at the downtown Fort Worth Public Library and stated the Society hoped to raise $35,000.00 in honor of their 35th anniversary. She also invited the public to visit the Lenora Rolla Heritage Center located at 1020 East Humbolt Street. 2. Recognition of the 2011 Neighborhood Award Winners Council Member Burns stated on behalf of the Mayor and Council, it was his pleasure to recognize several Fort Worth neighborhoods that had shown great leadership within their communities and had promoted a cleaner, safer and more attractive city. He further stated that the contributions of the neighborhoods had a great impact on Fort Worth remaining as one of the top ten most livable cities nation -wide. He pointed out that since 2003, the Neighborhood Education Office had joined with the Fort Worth League of Neighborhoods to recognize neighborhood groups for their significant community involvement. The following awards were presented: Council Member Burns presented the Spirit of Fort Worth award to representatives from the Fairmount Neighborhood Association. Council Member Moss presented the Fort Worth Pride award to representatives from the Historic Carver Heights Neighborhood Association. Council Member Shingleton presented the Community Collaboration award to representatives from the Arlington Heights Neighborhood Association. Ms. Libby Willis, President, Fort Worth League of Neighborhoods, presented the Ben Ann Tamayko Good Neighbor award to Mr. Jim Lebow. Council Member Burns presented the Neighborhood of the Year award to representatives of the Shaw Clarke Neighborhood Association. (Council Member Burns left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 6 of 13 1. UlRcon mg and Recent Events Council Member Scarth recognized former District 5 Council Member Bert Williams and the in- laws of former District 3 Council Member, the late Chuck Silcox, who were in attendance. Mayor Price expressed appreciation to everyone who worked, volunteered and attended the Fort Worth Stock Show and Rodeo. She advised that the event this year brought record attendance and revenue. She also announced that Miss Shree Bose, a senior at Fort Worth Country Day School, was one of the winners of the second annual White House Science Fair. She stated that Miss Bose's groundbreaking ovarian cancer research project was recognized by President Barack Obama in an awards ceremony at the White House. Council Member Hicks announced that the spring session of Neighborhood University would be held on February 18, 2012, from 8:30 a.m. to 12:30 p.m., at the Hazel Harvey Peace Center for Neighborhoods, located at 818 Missouri Avenue. She stated that Police Chief Jeffery Halstead would deliver the keynote address and advised that courses offered at the seminar would include Transportation and Public Works Updates, Tools for Great Meetings, City Council Redistricting and Zoning Changes. She added those interested in more information should contact 817 -392- 6219 or neighborhoods @fortworthtexas.gov. 2. Recognition of Citizens There were no citizens recognized at this time. Motion: Council Member Hicks made a motion, seconded by Council Member Shingleton, that Erika Calton, be appointed to Place 8 on the Aviation Advisory Board effective February 7, 2012, with a term expiring October 1, 2012. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. There were no presentations and /or communications from boards, commissions and /or city council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 7 of 13 HEARING XIII. ZONING 1. ZC7 1 ; r Grove Stygptjrom; "K" Heavy Industrial to: 1 Develop ­­­­­,­­­­­ Went fpr,411 uses in "K" Heavy Industrial cl e .,(Rep mended c. Continued from a Previous Meeting) The City Council at its regular meeting on January 24, 2012, continued Zoning Docket No. ZC -11 -101. Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that Zoning Docket No. ZC -11 -101 be continued until the February 14, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Burns absent. (Council Member Burns returned to his place at the dais.) The City Council at its regular meeting on January 24, 2012, continued Zoning Docket No. ZC -11 -121. Council Member Espino requested the applicant's representative, Mr. Jim Schell, provide a summary of the agreement that was reached between the adjacent property owner and the Diamond Hill Neighborhood Association. Mr. Jim Schell, representing the applicant, 901 Fort Worth Club Building, appeared before Council in support of Zoning Docket No. ZC -11 -121 and stated that the applicant had agreed to construct an eight -foot high large concrete block wall two blocks in depth along the north property line of lot 14, which was owned by Ms. Cortez, to contain any spillage from their operation. He stated in addition, an eight -foot single depth block concrete wall would be constructed along the existing alleyway of lot 14 and an eight -foot large concrete wall one block in depth constructed along the southern property line. He advised that an operational note was added to the site plan that stated no materials from this site shall trespass onto lot 14. He stated an additional operational note was added that stated that the block walls would be constructed within 30 days of the approval of the zoning change by the City Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 8 of 13 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -11 -121 be approved as amended. The motion carried unanimously 9 ayes to 0 nays. 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 23, 2012. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC- 11 -123A be approved. The motion carried unanimously 9 ayes to 0 nays. c Council Member Hicks requested the applicant clarify information relative to the flood plain and any concerns from the neighborhood located behind the property. Mr. John Grant, applicant, 3244 Hemphill Street, appeared before Council in support of Zoning Docket No. ZC -12 -002 and stated the proposed restaurant would not be constructed in the flood plain and that any run -off would flow directly into Sycamore Creek. He advised that the neighborhood behind the property was located on higher ground and drainage would not be an issue. He also advised that he had only received two emails from property owners in the area relative to the type of proposed business and the operating hours and both were satisfied with the information provided to them. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -12 -002 be approved. The motion carried unanimously 9 ayes to 0 nays. (Council Member Hicks left her place at the dais.) 1 'uQ1,111 10 c Council Member Burns advised that this case was a proposed historic designation for Rosemont Park and pointed out that a shelter house from World War II era also existed in the Park. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -12 -006 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Hicks absent. 1 1 (Council Member Hicks returned to her place at the dais.) Council Member Burns advised that this case was a proposed historic designation for Capps Park which was constructed in the 1930's. He also expressed appreciation to various individuals that assisted in the application for historical designation. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -007 be approved. The motion carried unanimously 9 ayes to 0 nays. 1 1 Street; from: "J" Medium Industrial to: "A-5" One-Familv. (Recommended for Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Zimmerman, that Zoning Docket No. ZC -12 -008 be approved. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton that Zoning Docket No. ZC -12 -009 be approved. The motion carried unanimously 9 ayes to 0 nays. There was 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 Burns made a motion, seconded by Council Member Shingleton, that the hearing be closed and that Ordinance No. 20064 -02 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. w V. REPORT OF THE CITY MANAGER G-17515 - Authorize Continuation of the Military rAy_Sugp ement Benefit ......... .......... .......... ........,, ........., December 31, , ........, ........,, 1 The recommendation was that the City Council authorize the continuation of the Military Pay Supplement Benefit and Military Leave Fund Policy until December 31, 2012. Council Members Jordan and Shingleton requested this item be approved with appreciation to the many men and women who so ably served the City of Fort Worth and their Nation. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. G -17515 be approved with appreciation. The motion carried unanimously 9 ayes to 0 nays. 111111 1! 11 � 11 1 111911111111111111 11 111 1111 . 1 The recommendation was that the City Council accept a donation valued at $140,000.00 from the Fort Worth Botanical Society, Inc., for proposed renovations to the Children's Vegetable Garden at the Fort Worth Botanic Garden. Council Member Shingleton recognized members of the Fort Worth Botanical Society, Inc., who were in attendance at the meeting and expressed appreciation for the generous donation. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 11 of 13 Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17516 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. . . DISTRICT Renaming _.9f.Linwood Park to Linwood - Jesse D. The recommendation was that the City Council authorize the renaming of Linwood Park to Linwood — Jesse D. Sandoval Park. Ms. Eva Sandoval Bonilla, 7801 Grassland Drive, appeared before Council in support of Mayor and Council Communication No. G- 17517. She expressed appreciation to her family and friends who attended the meeting in support of this item. She provided a biography of her father, the late Mr. Jesse D. Sandoval, and recounted the many ways he served his country and community. She stated the Linwood Neighborhood Association endorsed the renaming of the park and requested the Council approve this item. Council Members Burns, Jordan and Espino expressed appreciation to everyone who attended the meeting in support of this item. They expressed their appreciation to Ms. Bonilla and her family for the late Mr. Sandoval's numerous years of service to the community and advised they would support this item. (Letters of support were also submitted to the City Secretary.) Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17517 be approved. The motion carried unanimously 9 ayes to 0 nays. 14 Hearing Authorize 1 ............ ......... ................. 1 � I LIC HEARING) The recommendation was that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternatives exist for the subsurface use of City View Park, located at 7900 Oakmont Boulevard, South of Highland Meadows Drive, South and East of Highland Meadows Court, East of River Bluff Drive, East of Castle Creek Drive East, West of Terminus of Edwards View Court and Lozier Heights Court, East of Oakmont Boulevard and North of Oakbend Trail as proposed; find that the proposed use includes all reasonable planning to minimize harm to the parkland and that the proposed use will have no CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 12 of 13 impact on use of the surface of parkland as specified; and close the public hearing and authorize approval of the use of the subsurface of parkland for the drilling and the extraction of natural gas. Mayor Price opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Scarth advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There was no one present desiring to be heard in connection with the public hearing. C. Council Action Mayor Pro tem Zimmerman advised that concern was expressed by neighbors near the drill site and pointed out that the drill site was located in the City of Benbrook. He stated that XTO Energy, Inc., agreed to increase the sound barrier by 10 feet and added the City would work with XTO Energy, Inc., to minimize the impact of drilling on residents in the area. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. L -15314 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Scarth. F. Award of Contract Authorize < CommunityF;kc < ,, Secretary, I Contract, 'No., 14 1194, 'with, Fort I WIpIrth-Indeplexident, I ISIchooll 'District, I to- ........ ................... Exceed ........ ........ ....................... . .. ..... ...... ........., ....... .......... ........, Elemen ... DISTRICT School and Surrounding Area (COUNCIL The recommendation was that the City Council authorize amendment to the Community Facilities Agreement with Fort Worth Independent School District for the City to participate in an amount not to exceed $8,658.79 for the oversizing of an eight inch to a ten inch water main to serve D. McRae Elementary School and the surrounding area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2012 Page 13 of 13 Council Member Moss advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Zimmerman that Mayor and Council Communication No. C -25429 be approved. The motion carried 8 ayes to 0 nays, with I abstention by Council Member Moss. XV. CITIZEN PRESENTATIONS There were no citizen presentations. XVI. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVII. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 8:04 p.m. These minutes approved by the Fort Worth City Council on the 14`h day of February, 2012. Attest: -� Mary J. Kay City Secret ` roved: ets ce r