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Home My WebLink About2019/05/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21, 2019 Present: Mayor Betsy Price 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 Staff Present: David Cooke, City Manager Sarah Fullenwider, City Attorney Ronald P. Gonzales,Assistant City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor for the Day, Aubrey Elle Parker, banged the gavel and called the regular session of the Fort Worth City Council to order at 7:06 p.m. on Tuesday, May 21, 2019, in the City Council Chamber of the Fort Worth City Hall, 200 Texas Street, Fort Worth, Texas. II. INVOCATION—Pastor Janet Kraatz, Faith Lutheran Church The invocation was provided by Pastor Janet Kraatz, Faith Lutheran 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 CITY COUNCIL WORK SESSION OF MAY 7, 2019,AND THE REGULAR MEETING OF MAY 14, 2019 Motion: Council Member Moon made a motion, seconded by Council Member Byrd, that the minutes of the City Council Work Session of May 7, 2019, and the Regular Meeting of May 14, 2019,be approved. Motion passed 9-0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21,2019 Page 2 of 11 V. PRESENTATION OF CERTIFICATE OF ELECTION TO COUNCIL MEMBER ELECT CARY MOON Assistant City Secretary Gonzales presented a Certificate of Election to Council Members Elect Cary Moon. VI. ADMINISTER THE OATH OF OFFICE TO COUNCIL MEMBER ELECT CARY MOON Assistant City Secretary Gonzales administered the Oath of Office to Council Member Elect Cary Moon. VII. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. VIII. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Cooke requested that Mayor and Council Communications L-16193 and L-16194 and Zoning Docket ZC-18-169 be continued to the June 25, 2019, Council meeting. IX. CONSENT AGENDA Motion: Council Member Bivens made a motion, seconded by Council Member Flores that the Consent Agenda be approved. Motion passed 9-0. A. General - Consent Items 1. M&C G-19541 - Authorize Change in Use and Expenditure in the Amount of $477,285.89 of Community Development Block Grant Funds for the Lake Como Neighborhood Sidewalks Project, Authorize a Substantial Amendment to the City's 2014-2015 Action Plan, and Authorize the Substitution of Funding Years (COUNCIL DISTRICT 3) 2. M&C G-19542 - Adopt Appropriation Ordinance No. 23666-05-2019 Increasing Estimated Receipts and Appropriations in the Sendera Ranch Boulevard and Diamondback Lane Signal Improvement Project from the Transportation Impact Fee Capital Legacy Fund in the amount of$162,315.71 and Adopt Appropriation Ordinance No. 23667-05-2019 Increasing Estimated Receipts and Appropriations in the Sendera Ranch Boulevard and Diamondback Lane Signal Improvement Project from the Transportation Impact Fee Capital Fund in the amount of $237,684.29 and Reduce the Fund Balance in the Service Area B Project in Both Funds by the Same Amounts (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21,2019 Page 3 of 11 3. M&C G-19543 - Adopt Resolution 5091-05-2019 Denying Application for Approval to Amend its Distribution Cost Recovery Factor Proposed by Oncor Electric Delivery Company LLC and Authorizing Steering Committee of Cities Served by Oncor to Retain Law Firm and Consultants to Evaluate the Application (ALL COUNCIL DISTRICTS) 4. M&C G-19544 - Adopt Ordinance No. 23668-05-2019 Amending Appendix B, "Department of Code Compliance," Article II, "Code Compliance," Division 3, "Nuisances," of the Code of the City of Fort Worth Texas (2015) to Provide Regulations Concerning Nuisance Vegetation (ALL COUNCIL DISTRICTS) B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-12328 - Authorize Nonexclusive Agreements with Henry Pratt Company LLC and Municipal Valve & Equipment Co. Inc., for the Purchase of Valve Actuators, Gear Boxes, Base Stands, Appurtenances and Related Services in a Combined Amount Up to $530,000.00 for the Water Department (ALL COUNCIL DISTRICTS) 2. M&C P-12329 - Authorize Amendment to an Existing Purchase Agreement with Zimmerer Kubota & Equipment, Inc., for Zero Turn Mower Rentals and Parts Using a Cooperative Contract for the Park and Recreation Department to Increase the Amount by $100,000.00 for a New Annual Amount Up to $200,000.00 (ALL COUNCIL DISTRICTS) C. Land - Consent Items 1. M&C L-16219 - Authorize Joint Ordinance No. 23669-05-2019 and Boundary Agreement with the City of Haslet to Adjust the City Limit Boundaries Described as a 1.879-Acre Tract Located on the North Side of Avondale Haslet Road from Haslet's Western City Limit Line to Approximately 1,364 Feet to the West, between the Cities of Fort Worth and Haslet (ETJ next to COUNCIL DISTRICT 7) D. Planning & Zonine- Consent Items 1. M&C PZ-3191 - Adopt Ordinance No. 23670-05-2019 Vacating a Portion of an Alley in Block 2, JN Brookers Subdivision of Block 11, Fields Welch Addition between Magnolia Avenue and West Rosedale Street to be Replatted with the Adjoining Property for a CVS Pharmacy and Associated Parking Lot (COUNCIL DISTRICT 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21, 2019 Page 4 of 11 E. Award of Contract - Consent Items 1. M&C C-29128 - Authorize Execution of Change Order No. 3 to City Secretary Contract No. 50172 with William J. Schultz, Inc., dba Circle C Construction Company in the Amount of $116,975.50 for 2014 CIP Year 3 Contract No. 7, Combined Street, Water/Sanitary Sewer Main, Storm Water and Box Culvert Improvements and the Addition of 30 Calendar Days, for a Revised Contract Amount of$5,970,008.50 (2014 Bond Program) (COUNCIL DISTRICTS 4 and 5) 2. M&C C-29129 - Authorize an Engineering Agreement with Teague Nall and Perkins, Inc. in the Amount of $299,875.00 for the Design of East Northside Drive Bridge Replacement(2018 Bond Program) (COUNCIL DISTRICT 9) 3. M&C C-29130 - Authorize Sole Source Agreements with Mitchell Adding Machine Company, Inc., dba Mitchell Time and Parking in a Total Amount not to Exceed $645,933.49 for the Purchase of Parking Automation Equipment with Radio Frequency Identification Technology to Enable the Consolidation of the Parking Systems of the Dickies Arena and the Will Rogers Memorial Center and to Provide Preventative Maintenance at City Parking Facilities, Authorize an Agreement with RPGA Design Group Inc., in an Amount Not to Exceed $11,000.00 to Redesign Driving Lanes to Accommodate the Automation Equipment at Will Rogers Memorial Center, and Adopt Appropriation Ordinance Nos. 23671-05-2019 and 23672-05-2019 (ALL COUNCIL DISTRICTS) 4. M&C C-29131 - Authorize Amendment to Mayor and Council Communication P-12321 Approving an Agreement with Keleher Entertainment Group for Restaurant and Catering Services for the Fort Worth Botanic Garden to Approve a Three Year Initial Term with Two One-Year Renewals and Payment to the City of Thirty Percent of Catered Alcohol Sales (ALL COUNCIL DISTRICTS) 5. M&C C-29132 - Authorize Execution of a License Agreement with Fort Worth Symphony Orchestra Association for Use of the Fort Worth Botanic Garden for the Concerts in the Garden Series (ALL COUNCIL DISTRICTS) X. 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 MAY 21, 2019 Page 5 of 11 XIII. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Mayor Price recognized the Peterson students from O.A. Peterson Elementary (NWISD) who donated 400 books to the Maudrie Walton Elementary School (FWISD) as part of the Read FW effort. 1. Presentation of Proclamation for Apraxia Awareness Month Mayor Pro tern Shingleton presented a proclamation for Apraxia Awareness Month to Ms. Marilyn Rankin and Ms. Laura Moorer, representing Apraxia Kids. 2. Presentation of Proclamation for National Emergency Medical Services Week in Fort Worth Council Member Byrd presented a proclamation for National Emergency Medical Services Week in Fort Worth to Mr. Doug Hooten, MedStar Board of Directors, and Dr. Ken Simpson, Dr. Kristofer Schleicher, and Mr. Matt Zavadsky, representing MedStar Mobile Healthcare. Assistant City Secretary Gonzales advised that Mayor and Council Communication G-19546 was a donation and would be moved up on the Council Agenda. 2. M&C G-19546 - Authorize Acceptance of Donations from the Fort Worth Garden Club for Improvements Valued at $1,157,076.00 for Renovations of the Historic Rose Garden and the Deborah Beggs Moncrief Garden Center at the Fort Worth Botanic Garden (ALL COUNCIL DISTRICTS) Motion: Mayor Pro tern Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication G-19546 be approved. Motion passed 9-0. Mayor Pro tem Shingleton presented a Certificate of Recognition to Ms. Taddie Hamilton, Ms. Laura Harrison, Ms. Susan Kline, and Ms. Therese Moncrief, representing the Fort Worth Garden Club. XII. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Price, and Council Members Allen Gray and Zadeh announced upcoming and recent events within the City and various Council districts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21, 2019 Page 6 of 11 2. Recognition of Citizens There was no recognition of citizens. 3. Approval of Ceremonial Travel Motion: Council Member Allen Gray made a motion, seconded by Council Member Byrd, that Council Member Moon's trip to Washington, D.C., for National Police Week from May 11, 2019, to May 17, 2019, be approved. Motion passed 8-0, with one abstention from Council Member Moon. XIII. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on boards and commissions. XIV. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from boards, commissions, and/or City Council committees. XV. ORDINANCES 1. Fifty-Third Supplemental Concurrent Bond Ordinance Amending In-Part the Master Bond Ordinance Relating to Dallas Fort Worth International Airport Joint Revenue Bonds Motion: Council Member Flores made a motion, seconded by Council Member Bivens, that the Fifty-Third Supplemental Concurrent Bond Ordinance No. 23673-05-2019, be adopted. Motion passed 9-0. 2. Fifty-Fourth Supplemental Concurrent Bond Ordinance Authorizing One or More Series of Dallas/Fort Worth International Airport Joint Revenue Bonds, for Lawful Purposes; Providing the Security Therefore; Providing for the Sale, Execution and Delivery Thereof Subject to Certain Parameters; and Providing Other Terms, Provisions and Covenants with Respect Thereto Motion: Council Member Moon made a motion, seconded by Council Member Byrd, that the Fifty-Fourth Supplemental Concurrent Bond Ordinance No. 23674-05-2019 be adopted. Motion passed 9-0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21, 2019 Page 7 of 11 XVI. REPORT OF THE CITY MANAGER B. General 1. M&C G-19545 - Adopt Appropriation Ordinance Increasing Appropriations in the 2018 Bond Program in the Amount of $10,000,000.00 to Fund Street Construction/Recon/Rehabilitation Programmable Projects (ALL COUNCIL DISTRICTS) Motion: Council Member Bivens made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication G-19545 be approved and Appropriation Ordinance No. 23675-05-2019 be adopted. Motion passed 9-0. D. Land 1. M&C L-16193 - Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 55.29 Acres of Land in Denton County, Located North of Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far North Planning Sector, AX- 18-006 (FUTURE COUNCIL DISTRICT 7) (Continued from a Previous Meeting) 2. M&C L-16194 - Adopt Ordinance for the Owner-Initiated Annexation of Approximately 55.29 Acres of Land in Denton County, Located North of Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far North Planning Sector, AX-18-006 (FUTURE COUNCIL DISTRICT 7) (Continued from a Previous Meeting) It was the consensus of the City Council that Mayor and Council Communications L-16193 and L-16194 be continued to the June 25, 2019, Council meeting. Mr. Andy Gabbert, 5015 Northwest Canal Street, Suite 100, Riverside, Missouri, completed speaker cards in support of Mayor and Council Communications L-16193 and L-16194 but did not wish to address Council. *Note: Mayor and Council Communications L-16193 and L-16194 were reconsidered after Citizen Presentations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21, 2019 Page 8 of 11 F. Award of Contract 1. M&C C-29133 - Authorize Execution of License Agreements with the Fort Worth Garden Club and Fort Worth Botanical Society, Inc., for Certain Areas within the Fort Worth Botanic Garden and to make Improvements to the Botanic Garden; Authorize Waiver of Construction-Related Permit Fees for Improvements Made by the Fort Worth Garden Club and the Fort Worth Botanical Society, Inc.; Authorize Amendment to Management Services Agreement with the Botanical Research Institute of Texas, Inc., in the Amount of $88,282.00 and Twenty-Five Percent of Net Membership Revenues for Management of a Joint GROW Membership Program for the Botanic Garden with Authority to Name Membership Levels, Increase Memberships Benefits, and Increase the Cost of Memberships; Approve Transfer of Botanical Society Membership Privileges to GROW Memberships; Approve Waiver of Fees for Increased Benefits for GROW Memberships (ALL COUNCIL DISTRICTS) Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-29133 be approved. Motion passed 9-0. XVIL PUBLIC HEARING 1. First Public Hearing for Strategic Partnership Agreement with the Morningstar Ranch Municipal Utility District No. 1 of Parker County (the District) which encompasses approximately 737.227 acres of land in Fort Worth's extraterritorial jurisdiction in Parker County (FUTURE COUNCIL DISTRICT 3) a. Report of City Staff Ms. Dana Burghdoff, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments There were no citizen comments. Motion: Council Member Byrd made a motion, seconded by Council Member Zadeh, that the public hearing be closed. Motion passed 9-0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21, 2019 Page 9 of 11 XVIII. ZONING HEARING The City Council, at its meeting of March 19, 2019, continued Zoning Docket ZC-19-169: 1. ZC-18-169 - (CD 7) - Jerry & William Wilson, 15000 block FM 156/2250 Texan Drive; From: Unzoned To: "I/AO" Light Industrial/Fort Worth Alliance Airport Overlay 51.23 acres (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) It was the consensus of the City Council that Zoning Docket ZC-18-169 be continued to the June 25, 2019, Council Meeting. Mr. Andy Gabbert, 5015 Northwest Canal Street, Suite 100, Riverside, Missouri, completed a speaker card in support of Zoning Docket ZC-19-169 but did not wish to address Council. XIX. CITIZEN PRESENTATIONS Mr. Bob Willoughby, 6731 Bridge Street #125, appeared before Council relative to Code Compliance. Mr. Charles Glaspie, 4122 Canal Court, Arlington, Texas, appeared before Council to request a drainage line on City property at 1250 Mansfield Avenue. Mr. Terrence Watson. 2200 Sims Drive, appeared before Council relative to the Riverside Family Dollar Store. Ms. LaShanda Davis, 2405 Glencrest Drive, appeared before Council relative to concerns for her neighborhood. Mr. Daniel Haase, 1670 Watson Road West, appeared before Council relative to dollar stores, potential restrictions, and the removal of Police Commander Paula Fimbres from the East Division. Bishop Mark Kirkland. 6425 Vel Drive, appeared before Council relative to the community and termination of Police Chief Fitzgerald. Mr. Gerald Banks, Sr., 6861 Routt Street, appeared before Council relative to the termination of Police Chief Fitzgerald. Mr. Stephen Kennedy, 1445 Ross Avenue, Suite 2750, Dallas, Texas, completed a Citizen Presentation card relative to Police Chief Fitzgerald's termination and was recognized by Mayor Price but was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21,2019 Page 10 of 11 Ms. Angela Darden, 1512 Grantland Circle, appeared before Council relative to Chief Fitzgerald. Mr. Jim DeLong, 8704 Granite Court, appeared before Council relative to a Fort Worth Police Department Citizen Review Board. Mr. Peter Rokkas, 616 North Riverside Drive, appeared before Council relative to neglect of poor neighborhoods. Ms. Cindy Boling, 4717 Norma Street, appeared before Council relative to a change in the East Division Police Command. D. Land Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication L-16193 be reconsidered. Motion passed 9-0. 1. M&C L-16193 - Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 55.29 Acres of Land in Denton County, Located North of Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far North Planning Sector,AX- 18-006 (FUTURE COUNCIL DISTRICT 7) (Continued from a Previous Meeting) Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication L-16193 be approved. Motion passed 9-0. Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication L-16194 be reconsidered. Motion passed 9-0. 2. M&C L-16194 - Adopt Ordinance for the Owner-Initiated Annexation of Approximately 55.29 Acres of Land in Denton County, Located North of Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far North Planning Sector, AX-18-006 (FUTURE COUNCIL DISTRICT 7) (Continued from a Previous Meeting) Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Jordan, that Mayor and Council Communication L-16194 be approved and Ordinance No. 23676-05-2019 be adopted. Motion passed 9-0. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 21,2019 Page 11 of 11 XVIII. ZONING HEARING The City Council, at its meeting of March 19, 2019, continued Zoning Docket ZC-19-169: Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-19-169 be reconsidered. Motion passed 9-0. 1. ZC-18-169 - (CD 7) - Jerry & William Wilson, 15000 block FM 156/2250 Texan Drive; From: Unzoned To: "I/AO" Light Industrial/Fort Worth Alliance Airport Overlay 51.23 acres (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Motion: Mayor Pro tem Shingleton made a motion, seconded by Council Member Bivens, that Zoning Docket ZC-19-169 be approved. Motion passed 9-0. There being no one present desiring to be heard in connection with the recommended changes and amendments pertaining Zoning Ordinance No. 21653-02-2015 for the above-listed case, Mayor Pro tem Shingleton made a motion, seconded by Council Member Bivens, that the hearing be closed, and Ordinance No. 23677-05-2019 be adopted. Motion passed 9-0. XX. EXECUTIVE SESSION (CITY COUNCIL CONFERENCE ROOM, CITY HALL, ROOM 290) XXI. ADJOURNMENT There being no further business,Mayor Price adjourned the Regular meeting at 8:20 p.m. These minutes approved by the Fort Worth City Council on the 4 h day of June, 2019. Attest: Approved: i c Mary J. Ka r Dennis Shinglet -J City Secretary Mayor Pro to