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HomeMy WebLinkAbout2012/05/08-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 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 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, May 08, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Mayor Price advised that the Texas Boys Choir was performing in the Council Chamber and expressed appreciation to the Choir for their music selections. Mayor Price advised that Item IX. Special Presentations, Introductions, Etc., 1. Presentation of Proclamation of the Texas Boys Choir would be moved up on the agenda and heard at this time. Mayor Betsy Price presented a Proclamation to Mr. Bryan Priddy, Artistic Director, Texas Boys Choir, and stated that the Choir planned to travel to Argentina May 17 through 29, 2012, to represent the United States in the 3rd International Iguazu Festival for Youth Orchestras and Children's Choirs. She further stated that the Choir was based in Fort Worth and pointed out that they performed locally, nationally and internationally. Mr. Priddy expressed appreciation to the Mayor and Council for the Proclamation and stated the Choir was proud to represent both the city and state. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2012 Page 2 of 12 The Council moved to Item II. Invocation and continued with the regular order of the agenda. II. INVOCATION - Reverend Reuben Thompson, Community Christian Church The invocation was provided by Reverend Reuben Thompson, Community Christian Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation of the 'Texas Boys Choir See page I for this presentation. 2. Presentation by Fort Worth Sister Cities International Council Member Shingleton and Mr. Brad Mahon, Chairman of the Board, Fort Worth Sister Cities International displayed a PowerPoint presentation of photographs from the Sister Cities Trip to China. Representatives from Fort Worth Sister Cities International presented Mayor Price with gifts to the City, on behalf of the new Sister City Guiyang, China. 3. Certificate of Recognition of the Texas Wesleyan University Choir Council Member Shingleton presented a Certificate of Recognition for the Texas Wesleyan University Choir to Dr. Jerome Biershenk, Director of Choral Studies and Dr. John Fisher, Chairman, Music Department, Texas Wesleyan University. He stated that the Choir performed at the official signing of the Fort Worth Sister Cities International agreement between Guiyang, China and Fort Worth on October 17, 2011. He further stated that Mayor Li Zaiyong, Guiyang, China, was so impressed with the Choir that he invited them to come to Guiyang as his guests. He advised that the Choir performed a joint concert with students from the University of Guiyang before hundreds at the Guiyang Grand Theatre and pointed out that the students had further strengthened the bridge of international friendship and education between the cities. Mayor Price expressed appreciation to the Texas Wesleyan University Choir for representing the City in such a professional manner. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2012 Page 3 of 12 IV. CONSIDER.,V ION OF MINUTES OF REGULAR MEETING OF MAY 1, 2012 Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that the Minutes of the regular meeting of May 1, 2012, be approved. The motion carried unanimously 9 ayes to 0 nays. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. V1I. CONSENT AGENDA Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Burns, that the Consent Agenda be approved. The motion carried unanimously 9 ayes to 0 nays. A. General - Consent Items 1. M &C G -17588 - Authorize Use of Gas Lease Revenue in the Amount of $12,000.00 to Pay for Title Policies for the Acquisition of Four Residential Rural Properties for the Alliance Noise Mitigation Program and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the use of gas lease revenue in the amount of $12,000.00 to pay for title policies for the acquisition of four (4) residential rural properties for the Alliance Noise Mitigation Program; adopt Appropriation Ordinance No. 20197 -05 -2012 increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of $12,000.00, from available funds, for the purpose of transferring funds to the Municipal Airports Fund for the program; authorize the transfer of funds from the Airports Gas Lease Project Fund to the Municipal Airports Fund; and adopt Appropriation Ordinance No. 20198 -05 -2012 increasing the estimated receipts and appropriations in the Municipal Airports Fund, from available funds, for the program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2012 Page 4 of 12 B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11381 - Authorize Non - Exclusive Purchase Agreements with Bizzy Bees Pest Control, Lady Bugg Exterminating Services and Terminix International Co, LLP, for Termite and Pest Control Services for City Departments in a Combined Amount Up to $100,000.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize non - exclusive purchase agreements with Bizzy Bees Pest Control, Lady Bugg Exterminating Services and Terminix International Co, LLP, for termite and pest control services for City departments in a combined amount up to $100,000.00 for the first year. C. Land - Consent Items - None D. Planning & Zoning - Consent Items 1. M &C PZ -2973 - Authorize Initiation of Rezoning for Certain Properties in the 2200 Block of West Rosedale Street South, Within the Mistletoe Heights Neighborhood, in Accordance with the Comprehensive Plan. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the City Manager to initiate certain zoning changes in the 2200 block of West Rosedale Street South within the Mistletoe Heights neighborhood from "ER/HC" Neighborhood Commercial Restricted /Historical and Cultural Overlay to "B /HC" Two - Family /Historical and Cultural Overlay in accordance with the Comprehensive Plan. E. Award of Contract - Consent Items 1. M &C C -25594 - Authorize Execution of an Agreement with American Tower Asset Sub, LLC, in the Amount of $42,000.00 Annually for the Lease of Space at the Euless 2 Radio Tower Site. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an agreement with American Tower Asset Sub, LLC, in the amount of $42,000.00 annually for the lease of space at the Euless 2 Radio Tower Site as part of the Public Safety Radio Upgrade Project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2012 Page 5 of 12 2. M &C C -25595 - Authorize Execution of an Amendment to City Secretary Contract No. 39791, an Existing Interlocal Agreement with the North Central Texas Council of Governments, to Extend the Length of the Agreement, Assume Ownership of the Tarrant County Portion of the Regional P25 Trunked Overlay Radio System Valued in the Amount of $142,573.75, Provide Maintenance and Other Services at the Annual Cost to the City in an Amount Not to Exceed $20,000.00 and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an amendment to City Secretary Contract No. 39791, an existing interlocal agreement with the North Central Texas Council of Governments, to extend the length of the agreement, assume ownership of the Tarrant County portion of the Regional P25 Trunked Overlay Radio System, provide maintenance and other services at an annual cost to the City of Fort Worth in the amount not to exceed $20,000.00; and adopt Appropriation Ordinance No. 20199 -05 -2012 increasing the estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $142,573.75, from available funds, for the purpose of assuming ownership of the radio system. 3. M &C C -25596 - Adopt Appropriation Ordinance and Authorize Execution of a Contract with Kimley -Horn and Associates, Inc., in the Amount of $470,000.00 for the 2013 Transportation Impact Fee Study. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Appropriation Ordinance No. 20200 -05 -2012 increasing the estimated receipts and appropriations in the Transportation Impact Fund in the amount of $470,000.00, from available funds, for the purpose of executing a contract with Kimley -Horn and Associations, Inc., for the 2013 Transportation Impact Fee Study; and authorize the execution of the contract for the study. 4. M &C C -25597 - Adopt Suanlemental Appropriation Ordinance in the Amount of $101,655.00 and Authorize Execution of an Amendment to City Secretary Contract No. 42322 with Deloitte & Touche, LLP, to Increase the Fees for the Fiscal Year 2011 Single Audit and Comprehensive Annual Financial Report Establishing a Total Fiscal Year 2011 Audit Fee in the Amount of $1,202,855.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Supplemental Appropriation Ordinance No. 20201 -05 -2012 increasing the estimated receipts and appropriations in the General Fund in the amount of $101,655.00 and decreasing the unassigned General Fund balance by the same amount, for the purpose of increasing the audit fees for independent auditing services to Deloitte & Touche, LLP, for the Fiscal Year 2011 Single Audit and Comprehensive Annual Financial Report; and authorize the execution of an amendment to City Secretary Contract No. 42322 with Deloitte & Touche, LLP, for the Fiscal Year 2011 Single Audit and Comprehensive Annual Financial Report to increase the audit fees in the amount of $101,655.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2012 Page 6 of 12 for additional audit services and amend the contract to authorize use of the previously approved $60,000.00 contingency amount establishing the Fiscal Year 2011 audit fee total in the amount of $1,202,855.00. 5. M &C C -25598 - Authorize Execution of Change Order No. 1 with Conatser Construction TX, LP, in the Amount of $209,967.50 to City Secretary Contract No 42077 for the Eastern Hills Storm System Improvements - Phase 1 Multi -Use Storm Water Detention Basin for a Total Contract Amount of $1,883,973.50. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the execution of Change Order No. 1 with Conatser Construction TX, LP, in the amount of $209,967.50 to City Secretary Contract No. 42077 for the Eastern Hills Storm System Improvements — Phase 1 Multi -Use Storm Water Detention Basin thereby revising the total contract amount of $1,883,973.50. 6. M &C C -25599 - Authorize Execution of an Engineering Agreement with Neel- Schaffer, Inc., in the Amount of $70,611.00 for the Mosier Valley Drainage Improvements Proiect. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of an Engineering Agreement with Neel- Schaffer, Inc., in the amount of $70,611.00 for preliminary analysis and engineering services for the Mosier Valley Drainage Improvements Project. 7. M &C C -25600 - Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $58,550.00 for the Royal Creek Channel Repair Proiect. (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of an Engineering Agreement with Freese and Nichols, Inc., in the amount of $58,550.00 for preliminary analysis and engineering services for the Royal Creek Channel Repair project. 8. M &C C -25601 - Authorize Execution of an Engineering Agreement with Boydston Designs, Inc., in the Amount of $161,785.00 for Design of the South Crestwood Drainage Improvements. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an Engineering Agreement with Boydston Designs, Inc., in the amount of $161,785.00 for design of the South Crestwood Drainage Improvements. 9. M &C C -25602 - Authorize Reiection of All Bids for the Construction of Hemphill Street from Lancaster Avenue to Vickery Boulevard and Authorize Re- Advertisement. (COUNCIL DISTRICTS 8 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2012 Page 7 of 12 The City Council approved the following recommendation: Reject all bids received for the construction of Hemphill Street from Lancaster Avenue to Vickery Boulevard; direct staff to identify potential cost savings or cost avoidance; and authorize re- advertising the construction project for bids or proposals. 10. M &C C -25603 - Authorize Execution of a Stormwater Facility Maintenance Agreement with Southwest Christian School, Inc., for Property Located in the J. Heath Survey, Abstract 641, Tract 2E02. (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize the execution of a Stormwater Facility Maintenance Agreement with Southwest Christian School, Inc., for property located in the J. Heath Survey, Abstract 641, Tract 2E02, at no expense to the City. 11. M &C C -25604 - Authorize Execution of a Right of First Refusal Agreement with Group Holdings EG, Inc., for Lease Site 12N at Fort Worth Meacham International Airport. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a Right of First Refusal Agreement with Group Holdings EG, Inc., for lease site 12N at Fort Worth Meacham International Airport. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1851 - Notice of Claims for Alleged Damages and /or Iniuries End of Consent Agenda. X. ANNOUNCEMENTS BY CITY COUNCIL, MEMBERS AND STAFF L. Upcoming and Recent Events Council Member Moss announced that he attended the 105th birthday celebration of Mr. Fred Douglas Allen, who was the oldest living retiree from the City. Council Member Espino wished his daughter Alyssa a happy 11th birthday. Council Member Jordan wished Council District 6 Aide Jaime Phillips happy birthday. Council Member Scarth announced that the Fort Worth Independent School District (FWISD) would hold their 7th Annual District Wellness Walk on May 12, 2012, from 9:00 a.m. to 12:00 p.m. at Eastern Hills High School. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2012 Page 8 of 12 Council Member Shingleton pointed out that there were six (6) FWISD schools participating in the 7th Annual District Wellness Walk. Council Member Hicks announced that Glen Garden Country Club was celebrating their 100th anniversary. She stated many events were taking place in celebration and encouraged everyone to attend. She also announced that a Juneteenth celebration would take place at the Glen Garden Country Club on June 19, 2012. Mayor Price announced that Mayfest was a great success and expressed appreciation to all who attended the family event. She also announced that May 18, 2012, was National Bike to Work Day and encouraged everyone to participate. 2. Recofmition of Citizens There were no citizens recognized at this time. X1. PRESENTATIONS BY THE CITY COUNCIL 1. Chanties in Membership on Boards and Commissions Motion: Council Member Scarth made a motion, seconded by Council Member Hicks, that Ms. Deidra Norris be appointed to Place 18 on the Fort Worth Commission for Women, effective May 1, 2012, with a term expiring on October 1, 2013. The motion carried unanimously 9 ayes to 0 nays. Motion: Council Member Scarth made a motion, seconded by Mayor Pro tem Zimmerman, Ms. Carla McKenzie be appointed to Place 11 on the Fort Worth Human Relations Commission, effective May 1, 2012, with a term expiring on October 1, 2013. The motion carried unanimously 9 ayes to 0 nays. X11. PRESENTATIONS .AND /OR COM MIJNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL COMMITTEES 1. Report by the Fort Worth ,advisory Commission on Ending Homelessness Mr. Otis Thornton, Homeless Program Director, City Manager's Office, appeared before Council and introduced Mr. Mark Hill, Chair of the Fort Worth Advisory Commission on Ending Homelessness (FWACEH). Mr. Hill provided an overview of the mission and a summary of the projects, challenges and future goals for the FWACEH. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2012 Page 9 of 12 The following individuals submitted comment cards in support of the FWACEH Report. Mr. Dan Freemyer, 8233 Summerview Court Ms. Cindy Crain, 284 Gail Drive XIII. REPORT OF THE CITY MANAGER A. Benefit Hearing - None B. General 1. `I &C G -17589 - Authorize Termination of the Fort Worth Housing Trust Fund and the Emergency Repair Program and Adopt Prioritv Repair Program for Roofs, Mechanical Systems, and Health and Safety Issues, Authorize Change in Use and Expenditure of $1,660,581.10 of Community Development Block Grant Funds for the Priority Repair Program from the Fort Worth Housing Trust Fund, the Emergency Repair Program and the Restricted Community Development Block Grant Fund and Authorize a Substantial Amendment to the 2010 -2011 and 2011 -2012 Action Plans. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize the termination of the Fort Worth Housing Trust Fund and the Emergency Repair Program; adopt the Priority Repair Program for roofs, mechanical systems, and health and safety issues; authorize a change in use and expenditure in the amount of $1,660,581.10 of Community Development Block Grant Funds for the Priority Repair Program from the Fort Worth Housing Trust Fund, the Emergency Repair Program and the Restricted Community Development Block Grant fund; and authorize a substantial amendment to the City's 2010 -2011 and 2011 -2012 Action Plans. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G -17589 be approved. The motion carried unanimously 9 ayes to 0 nays. 2. M &C G -17590 - Authorize the City of Fort Worth's Fiscal Year 2013 Funding .Application in the Amount of $53,852,549.00 to the Crime Control and Prevention District Board of Directors. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council authorize the City of Fort Worth's Fiscal Year 2013 Funding Application in the amount of $53,852,549.00 to the Crime Control and Prevention District Board of Directors. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY S, 2012 Page 10 of 12 Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G -17590 be approved. The motion carried unanimously 9 ayes to 0 nays. C. Purchase of Equipment, Materials, and Services - None D. Land 1. M &C L -15361 - Authorize Rejection of Bid from Chesapeake Exploration, LLC, for Natural Gas Drilling Under North Z Boaz Park and Golf Course Located at 3200 Lackland Road. (COUNCIL DISTRICT 3) The recommendation was that the City Council reject the bid from Chesapeake Exploration, LLC, for natural gas drilling under North Z Boaz Park and Golf Course located at 3200 Lackland Road; and authorize staff to re- advertise or negotiate a natural gas lease for the property at a future time. Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L -15361 be approved. The motion carried 8 ayes to 0 nays, with 1 abstention by Council Member Jordan. E. Planning & Zoning - None F. Award of Contract 1. M &C C- 25605 - Authorize Execution of a Public Right -of -Way Use Agreement Granting Texas Midstream Gas Services, L.L.C., a License to Construct and Operate a Ten Inch Natural Gas Gathering Pipeline Across Bridgewood Drive, North of Boca Raton Boulevard. (COUNCIL DISTRICT 4) The recommendation was that the City Council authorize the City Manager to execute a public right -of -way use agreement with Texas Midstream Gas Services, L.L.C. granting a license to construct and operate a 10 -inch natural gas gathering pipeline across Bridgewood Drive, north of Boca Raton Boulevard, for a one time license fee in the amount of $4,065.60. Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25605 be approved. The motion carried unanimously 9 ayes to 0 nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 1, 2012 Page 11 of 12 2. M &C C -25606 - Authorize Execution of a Public Right -of -Way Use Agreement with Texas Midstream Gas Services, L.L.C., in the Amount of $2,516.80, Granting a License to Construct and Operate an Eight Inch Natural Gas Gathering Pipeline Across Harding Street, South of Tenth Street. (COUNCIL DISTRICT 8) The recommendation was that the City Council authorize execution of a public right -of -way use agreement with Texas Midstream Gas Services, L.L.C., granting a license to construct and operate a natural gas gathering pipeline across Harding Street, south of Tenth Street, for a one time license fee in the amount of $2,516.80. Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Zimmerman, that Mayor and Council Communication No. C -25606 be approved. The motion carried unanimously 9 ayes to 0 nays. 3. M &C C -25607 - Adopt Resolution Authorizing Execution of a Local Transportation Project ,Advance Funding Agreement with the Texas Department of Transportation in the Amount of $1,650,059.00 for the Widening of the Chapel Creek Boulevard Bridge Over I -30, Authorize Transfer of $309,016.00 from the Street Improvement 2008 Fund to the Grant Capital Proiects Fund and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 3) The recommendation was that the City Council adopt a Resolution authorizing the execution of a Local Transportation Project Advance Funding Agreement in the amount of $1,650,059.00 with the Texas Department of Transportation (TxDOT), for engineering, environmental, right -of -way and utilities for the Chapel Creek Boulevard Bridge widening over IH 30 from two (2) lanes to four (4) lanes to include traffic signals, bike lanes, sidewalks, and safety lighting; authorize the acceptance of Federal and State funds in the amount of $1,341,043.00 through TxDOT towards the project; authorize the transfer of $309,016.00 from the Street Improvement 2008 Fund to the Grant Capital Projects Fund towards the City's match; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $1,650,059.00, from available funds, for the purpose of funding the agreement with TxDOT; and authorize initial payment to TxDOT in the amount of $20,216.00 to conduct review according to the agreement. Mr. Jeffrey Galle, 2708 Brea Canyon Road, completed a speaker card in support of Mayor and Council Communication No. C -25607 and was recognized by Mayor Price, but was not present in the Council Chamber. The following individuals submitted comment cards in support of Mayor and Council Communication No. C- 25607. Mr. Gary Hogan, 2117 Rolling Creek Run Ms. Barbara Young, 10400 Cattail Court CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2012 Page 12 of 12 Ms. Jill Rodriguez, 10225 Cypress Hills Lane Motion: Mayor Pro tem Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25607 be approved, with appreciation and Resolution No. 4087 -05 -2012 and Appropriation Ordinance No. 20202 -05 -2012 be adopted. The motion carried unanimously 9 ayes to 0 nays. XIV. CITIZEN PRESENTATIONS There were no citizen presentations. XV. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XVI. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 7:47 p.m. These minutes approved by the Fort Worth City Council on the 15`" day of May, 2012. Attest: Mary J. Kay City Secretar