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HomeMy WebLinkAbout2014/11/04-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2014 Present: Mayor Betsy Price Council Member W.B. "Zim"Zimmerman, District 3 Council Member Daniel Scarth, District 4 Council Member Gyna Bivens, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Ann Zadeh, District 9 Absent: Mayor Pro tem Salvador Espino, District 2 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 10:07 a.m. on Tuesday, November 4, 2014, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas, with Mayor Pro tem Espino absent. II. INVOCATION - Rabbi Ralph Meeklenbur2er, Beth-El Congregation The invocation was provided by Rabbi Ralph Mecklenburger, Beth-El Congregation. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF OCTOBER 28, 2014 Motion: Council Member Bivens made a motion, seconded by Council Member Zimmerman, that the minutes of the Regular meeting of October 28, 2014, be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 4,2014 Page 2 of 10 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items to be withdrawn from the Consent Agenda.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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Scarth made a motion, seconded by Council Member Shingleton, that the Consent Agenda be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. A. General - Consent Items 1. M&C G-18351 - Adopt Resolution Ratifying the Engagement of the Law Firm of Whitaker, Chalk, Swindle & Schwartz PLLC, as Outside Legal Counsel, for Legal Services Related to Cause No. 6:14-CV-00725, 3rd Eye Surveillance, LLC, v. City of Fort Worth, Texas, Filed in the United States District Court for the Eastern District of Texas, Tyler Division (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4376-11-2014 ratifying and confirming the engagement of the law firm of Whitaker, Chalk, Swindle & Schwartz PLLC, as outside legal counsel, for legal services related to Cause No. 6:14-cv-00725, 3rd Eye Surveillance, LLC, v. City of Fort Worth, Texas, filed in the United States District Court for the Eastern District of Texas, Tyler Division, pursuant to Chapter VI, Section 3 of the City Charter; and designate that all legal fees to be paid to Whitaker, Chalk, Swindle & Schwartz PLLC, and any necessary court costs, are to be paid by e-Watch Corporation pursuant to City Secretary Contract No. 45257. 2. M&C G-18352 - Authorize Payment for the City of Fort Worth's Fiscal Year 2015 Membership with the North Texas Commission in the Amount of $58,582.50 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a payment for the City of Fort Worth's Fiscal Year 2015 membership with the North Texas Commission in the amount of $58,582.50. 3. M&C G-18353 - Authorize Fiscal Year 2015 Mid-Year Funding Application in the Amount of$1,461,239.00 to the Crime Control and Prevention District Board of Directors to Fund the COPS Hiring Grant Match (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 28, 2014 Page 3 of 10 The City Council approved the following recommendation: Authorize a Fiscal Year 2015 Mid- Year Funding Application in the amount of$1,461,239.00 to the Crime Control and Prevention District Board of Directors to fund the Community Oriented Policing Services (COPS) Hiring Grant match. 4. M&C G-18354 - Authorize Acceptance of an Additional Amount of$11,901.99 for the Fiscal Year 2014 Emereency Management Preparedness Grant Award from the Texas Division of Emereency Management and Execution of the Grant Contract for the Total Amount of the Award and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the acceptance of an additional amount of$11,901.99 for the Fiscal Year 2014 Emergency Management Preparedness Grant award from the Texas Division of Emergency Management for a total grant award in the amount of $156,327.99 to fund the City's Emergency Management Office; authorize the execution of a Grant Contract with the Texas Division of Emergency Management for the total amount of the award; authorize the transfer of the Office of Emergency Management funds from the General Fund to the Grants Fund in the amount of$11,901.99 as the City's match for the grant; and adopt Appropriation Ordinance No. 21521-11-2014 increasing estimated receipts and appropriations in the Grants Fund in the amount of$23,803.98, subject to receipt of a grant from the Texas Division of Emergency Management for same purpose as reflected above. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11713 - Authorize Non-Exclusive Purchase Agreements with Paul Phillips III d/b/a Cleburne Fence Company, Mark Gentry d/b/a Gentry Carpentry and Construction, and Superior Coatings and Exteriors, in the Amount Up to $500,000.00 for the First Year for FencinE Material, Installation and Repair Services for the City of Fort Worth (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Non-Exclusive Purchase Agreements with Paul Phillips III d/b/a Cleburne Fence Company, Mark Gentry d/b/a Gentry Carpentry and Construction, and Superior Coatings and Exteriors, in the amount up to $500,000.00 for the first year of fencing material, installation and repair services for the City of Fort Worth. 2. M&C P-11714 - Authorize Purchase of Helicopter Camera and MappinE Systems Installation Services from Air Methods Corporation d/b/a United Rotorcraft, in the Amount of $55,851.00 for the Police Department (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2014 Page 4 of 10 The City Council approved the following recommendation: Authorize the purchase of helicopter camera and mapping systems installation services from Air Methods Corporation d/b/a United Rotorcraft, based on total cost to the City in the amount of$55,851.00 with progress payments due 30 days after receipt of invoices for the Police Department. C. Land - Consent Items 1. M&C L-15729 - Authorize Execution of an Interlocal Agreement with Trinity River Authority of Texas to Permit the Use of a Portion of Chadwick Farms Park as Temporary Access and Workspace for the Installation of a Sanitary Sewer Service Line and the Construction of a Secondary Entrance to the Park for a Period Not to Exceed Two Hundred Days (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of an Interlocal Agreement with Trinity River Authority of Texas to permit the use of a portion of Chadwick Farms Park as temporary access and workspace for the installation of a new sanitary sewer service line and the construction of a secondary entrance to the park for a period not to exceed 200 days. E. Award of Contract - Consent Items 1. M&C C-27067 - Authorize Execution of a Communications System Agreement with the City of Corinth for Participation in the City of Fort Worth's Public Safety Radio System for Interoperable Communications in Mutual Aid or Other Multi-Agency Operations 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 System Agreement with the City of Corinth for participation in the City of Fort Worth's Public Safety Radio System for interoperable communications in situations involving mutual aid or other multi-agency operations at no cost to the City of Fort Worth. 2. M&C C-27068 - Authorize as Part of the 2014 Bond Program Execution of an Interlocal Agreement with Tarrant County for Construction Services Associated with the Rehabilitation of Silver Creek Road from Silver Creek Bridge to Live Oak Bridge with City Participation in an Amount Not to Exceed $10,000.00 (COUNCIL DISTRICTS 3 and 7) The City Council approved the following recommendation: Authorize as part of the 2014 Bond Program the execution of an Interlocal Agreement with Tarrant County for construction services associated with the rehabilitation of Silver Creek Road from Silver Creek Bridge to Live Oak Bridge with City participation in an amount not to exceed $10,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 28, 2014 Page 5 of 10 3. M&C C-27069 - Authorize Execution of a Professional Services Ailreement with Clear Message Communication, LLC d/b/a Ignite It Group, in the Amount of 565,000.00 to Provide Professional Consultin,2 Services to Develop Ongoing Public Education/Outreach Campaigns on Recycling (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of a contract for professional services by Clear Message Communication, LLC d/b/a Ignite It Group, in the amount of $65,000.00 from the Solid Waste Fund to the Code Compliance Department to provide professional consulting services for the ongoing public education/outreach campaign to residents about the City's recycling program. 4. M&C C-27070 - Authorize Execution of an Agreement with Senior Citizen Services of Greater Tarrant County, Inc., in the Amount Up to 580,000.00 for Fiscal Year 2015 for Program Services for Senior Citizens at Various Community Centers (COUNCIL DISTRICTS 2, 3, 5, 8 and 9) The City Council approved the following recommendation: Authorize the execution of an agreement with Senior Citizen Services of Greater Tarrant County, Inc., in the amount up to $80,000.00 for Fiscal Year 2015 for program services for senior citizens at various community centers. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1939 - Notice of Claims for Alleged DamaLyes and/or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Certificate of Recognition for the Tarrant County Veterans Council Council Member Jordan presented a Certificate of Recognition for the Tarrant County Veterans Council to Mr. Martin Agee, President, Tarrant County Veterans Council, Mr. Agee presented the City Council with a plaque from the Tarrant County Veterans Council. 2. Presentation of Youth Art Peace Pole Prosect by the Fort Worth Academy of Fine Arts Council Member Shingleton presented a Certificate of Recognition to Mr. Stephen Madrid and Ms. Patricia Jacobson, Fort Worth Academy of Fine Arts, for the Youth Art Peace Pole Project. He also recognized 10 students involved in the project and presented them with Molly pins. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2014 Page 6 of 10 X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Price and Council Members Scarth and Allen Gray announced upcoming and recent events within the city and various Council districts. 2. Recognition of Citizens There was no recognition of citizens. 3. Approval of Ceremonial Travel There was no approval of ceremonial travel. X1. PRESENTATIONS BY THE CITY COUNCIL 1. Chanizes in Membership on Boards and Commissions Motion: Council Member Zadeh made a motion, seconded by Council Member Zimmerman, that the following individuals be appointed to boards/commissions as indicated, effective November 4, 2014: • Mr. Dan Villegas to Place 9 on Parks and Community Services Advisory Board, with a term expiring October 1,2015 • Mr. Bernie Scheffler to Place 9 on the Building Standards Commission with a term expiring September 30, 2015 The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. 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. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 28, 2014 Page 7 of 10 XIII. RESOLUTIONS 1. A Resolution Appointing a Member to the Minority and Women Business Enterprise Advisory Committee It was recommended that the City Council adopt a resolution appointing Ms. Teresa Moore to Place 7 on the Minority and Women Business Enterprise Advisory Committee, effective November 5, 2014, and with a term expiring September 30, 2016. Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that Resolution No. 4377-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-18355 - Ratify Application for and Acceptance of Funds Totaling $75,000.00 from the Crystelle Waggoner Charitable Trust for the 2014 Como Community Center Summer Day Camp Program and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) It was recommended that the City Council ratify the application for and acceptance of funds totaling $75,000.00 from the Crystelle Waggoner Charitable Trust for the 2014 Como Community Center Summer Day Camp Program; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$75,000.00, subject to receipt of a grant from Crystelle Waggoner Charitable Trust, for the same purpose as reflected above. Motion: Council Member Zimmerman made a motion, seconded by Council Member Zadeh, that Mayor and Council Communication G-18355 be approved with appreciation and Appropriation Ordinance No. 21522-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. D. Land 1. M&C L-15730 - Authorize Condemnation by Eminent Domain for an Easement Interest in 0.123 Acres of Land for Drainage for the Lower Como Creek Erosion Control Improvements Proiect Located at 4014 Driskell Boulevard Owned by Robert W. Driskell, Joe Driskell and Company, Horizon Investments and Driskell Investments, Inc. (COUNCIL DISTRICT 3) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2014 Page 8 of 10 It was recommended that the City Council declare that negotiations between the City and the landowner to acquire an easement interest in 0.123 acres of land for drainage improvements on property owned by Robert W. Driskell, Joe Driskell and Company, Horizon Investments, and Driskell Investments, Inc., described as Tract 1H A 824, Inman Samuel C Survey, located at 4014 Driskell Boulevard, Fort Worth, Texas, were unsuccessful; declare the necessity to acquire the easement interest in the property for the Lower Como Creek Erosion Control Improvements Project; authorize the City Attorney to institute condemnation by eminent-domain proceedings to acquire the described easement interest in the property; authorize payment pursuant to an award of commissioners or a negotiated settlement; and authorize the City Manager or his designee to accept and record appropriate instruments. Motion: Council Member Zimmerman made a motion, seconded by Council Member Scarth, that Mayor and Council Communication L-15730 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain to acquire 0.123 acres of land for a drainage easement from Robert W. Driskell, Joe Driskell and Company, Horizon Investments, and Driskell Investments, Inc., needed for the improvements to the existing Lower Como Creek. The permanent drainage easement is described by metes and bounds and depicted by survey plat attached to this Mayor and Council Communication. The tract of land is located in Tract 1H A 824, Inman Samuel C Survey, Tarrant County, Texas, also known as 4014 Driskell Boulevard. The land rights will be used for the Lower Como Creek Erosion Control Improvements Project. The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. F. Award of Contract 1. M&C C-27071 - Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2015 U.S. Department of Energy Weatherization Assistance Program in an Amount Up to $300,000.00, Authorize Related Contracts, Apply Indirect Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of U.S. Department of Energy Weatherization Assistance Program grant funds from the Texas Department of Housing and Community Affairs (TDHCA) for the 2015 Weatherization Assistance Program in an amount up to $300,000.00; authorize the execution of related contracts, including any amendments, extensions and renewals, in accordance with City policies and regulations, with TDHCA for the grant funds for program year January 1, 2015, through December 31, 2015; apply the indirect costs at a rate of 10 percent of salary expenses only, which is the minimum standard rate allowed by the granting agency, if permitted by TDHCA; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$300,000.00, subject to receipt of a grant from TDHCA, for the same purpose as reflected above. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 28, 2014 Page 9 of 10 Motion: Council Member Allen Gray made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication C-27071 be approved and Appropriation Ordinance No. 21523-11-2014 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Pro tem Espino absent. 2. M&C C-27072 - Authorize Acceptance of Low-Income Weatherization Assistance Program Funds from the Texas Association of Community Action Agencies, Inc., in the Amount Up to $1,500,000.00, Authorize Execution of Related Contracts, Apply Indirect Costs and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the acceptance of targeted Low-Income Weatherization Assistance Program grant funds from the Texas Association of Community Action Agencies, Inc. (TACAA), in the amount up to $1,500,000.00; authorize the execution of related contracts, including any renewals, amendments and extensions with TACAA, for the grant funds; apply indirect costs at a rate of 10 percent of salary expenses only, which is the minimum standard rate allowed, if permitted by TACAA; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,500,000.00, subject to receipt of a grant from TACAA, for the same purpose as reflected above. Council Member Scarth advised that he filed a Conflict of Interest Affidavit with the Citv Secretary's Office and would abstain from voting on this issue. Motion: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication C-27072 be approved and Appropriation Ordinance No. 21524-11-2014 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Mayor Pro tem Espino absent. XV. CITIZEN PRESENTATIONS Mr. Thomas Hamilton, 2724 Carter Avenue, appeared before Council relative to homeless campers. Mayor Price directed him to meet with Assistant City Manager Charles Daniels. Mr. Bob Willoughby, 6731 Bridge Street, appeared before Council relative to the Code Compliance Department. Ms. Luanne Langley, 9601 FM 2258, Grandview, TX, appeared before Council relative to tracking of sewage sludge on HCR 4423 West and FM 66 East in Hill County, by Renda Environmental. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2014 Page 10 of 10 Mayor Price directed her to meet with Assistant City Manager Fernando Costa, and Mr. Charly Angadicheril, Assistant Director of Water Department. Council Member Zimmerman advised staff that he wanted a review of the policies and procedures regarding the sludge disposal process and a report back to the Council. XVI. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XVII. ADJOURNMENT There being no further business, Mayor Price adjourned the Regular meeting at 10:42 a.m. These minutes approved by the Fort Worth City Council on the 11 a, day of November, 2014. Attest: Ap ved: � I Mary J. etsy ce City Secreta Ma r