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HomeMy WebLinkAbout2015/03/24-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Present: Mayor Pro tem Salvador Espino, District 2 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 Betsy Price Staff Present: David Cooke, 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 Pro tem Espino called the regular session of the Fort Worth City Council to order at 7:01 p.m. on Tuesday, March 24, 2015, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas. II. INVOCATION - Pastor Randy Hardisty, Trinity Cumberland Presbyterian Church The invocation was provided by Pastor Randy Hardisty, Trinity Cumberland Presbyterian Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 17, 2015 AND THE SPECIAL CALLED MEETING OF MARCH 17, 2015 Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that the minutes of the Regular meeting of March 17, 2015, and the Special Called meeting of March 17, 2015, be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24,2015 Page 2 of 12 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Cooke requested that Mayor and Council L-15765 be removed from the Consent Agenda for individual consideration. 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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff.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 Shingleton made a motion, seconded by Council Member Scarth, that the Consent Agenda be approved as amended. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. C. Land - Consent Items 2. M&C L-15766 - Authorize Direct Sale of a Tax-Foreclosed Property Located at 2519 Ross Avenue for a Total Sales Price of $14,146.91 to Nury Banegas, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the direct sale of a tax- foreclosed property described as Lot 11, Block 25, M.G. Ellis Addition, located at 2519 Ross Avenue for a total sales price of$14,146.91 to Nury Banegas, in accordance with Section 34.05 of the Texas Tax Code; and authorize the City Manager or his designee to execute and record the appropriate instruments conveying the property to complete the sale. 3. M&C L-15767 - Authorize Direct Sale of Two Tax-Foreclosed Properties Located at 540 West Beddell Street and 3618 College Avenue for a Total Sales Price in the Amount of$25,888.27 to Maria Nino and to Mario Mares, Sr. and Maria Mares, Respectively, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize direct sale of two tax- foreclosed properties described as Lot 24, Block 16, South Side Addition (540 West Beddell Street), and Lot B 1, Block 58, Silver Lake Addition(3 618 College Avenue) for a total sales price in the amount of $25,888.27 to Maria Nino and to Mario Mares, Sr., and Maria Mares, respectively, in accordance with Section 34.05 of the Texas Tax Code; and authorize the City Manager or his designee to execute and record the appropriate instruments conveying the property to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 3 of 12 E. Award of Contract - Consent Items 1. M&C C-27236 - Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates Inc., in an Amount Not to Exceed $230,000.00 for the Design of Bicycle Infrastructure Projects Funded by the 2014 Bond Program, in Accordance with the Bike Fort Worth Plan (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $230,000.00 for the design of bicycle infrastructure funded by the 2014 Bond Program, including bike lanes and bike routes. 2. M&C C-27237 - Authorize Change in Use and Expenditure of Rental Rehab Program Income in the Amount of$600,000.00 in Order to Meet the 2015 HOME Investment Partnerships Program Grant Funds Match Requirement and for Use to Pay for Expenses Associated with the Redevelopment of the Hunter Plaza Apartments Located at 605 West First Street (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the change in use and expenditure of Rental Rehab Program Income in the amount of$600,000.00 in order to meet the 2015 HOME Investment Partnerships Program match requirement and for use to pay for expenses associated with the redevelopment of the Hunter Plaza Apartments located at 605 West First Street. 3. M&C C-27238 - Authorize Sixty-Day Lease Agreement Extension with Martin Lackland, LLC for Property Located at 2222 Wenneca Avenue Currently Housing the Fire Department's Fire Safety Education and Commercial Inspections Staff(COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the City Manager to enter into a 60-day Lease Agreement extension with Martin Lackland, LLC, for property located at 2222 Wenneca Avenue currently housing the Fire Department's Safety Education and Commercial Inspections staff. Ms. LaSondra Huggins, 8504 Ohara Lane, completed an undecided comment card relative to Mayor and Council Communication C-27238. 4. M&C C-27239 - Amend Mayor and Council Communication C-27104 to Authorize Execution of Amendment No. 2 to the Economic Development Program Agreement with Spoon Industries Inc. (City Secretary Contract No. 43199) to Clarify the Type of Improvements Required for Property Located at the Intersection of Interstate 35 Frontage Road and Allen Avenue (COUNCIL DISTRICT 8) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 4 of 12 The City Council approved the following recommendation: Amend Mayor and Council Communication C-27104, which authorized execution of Amendment No. 2 to the Economic Development Program Agreement with Spoon Industries Inc. (City Secretary Contract No. 43199), for improvements to be constructed on property at the intersection of the Interstate 35 Frontage Road and Allen Avenue to remove specific branding requirements of the restaurant and gas station to be constructed. 5. M&C C-27240 - Authorize Execution of a Lease Agreement with the Fort Worth Independent School District for Office Space Located at 6701 Shelton Street for the Police Department(COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the City Manager to execute a Lease Agreement with the Fort Worth Independent School District for office space located at 6701 Shelton Street for the Police Department. Ms. LaSondra Huggins, 8504 Ohara Lane, completed an undecided comment card relative to Mayor and Council Communication C-27240. 6. M&C C-27241 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 43427, an Engineering Agreement with Kimley-Horn Associates, Inc., in the Amount of $138,600.00 for the Design of Old Decatur Road from McLeroy Boulevard to Longhorn Road, Thereby Increasing the Total Contract to $912,800.00 and Adopt Appropriation Ordinance (2014 BOND PROGRAM) (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Amendment No. 2 to City Secretary Contract No. 43427, an Engineering Agreement with Kimley-Horn Associates, Inc., in the amount of$138,600.00 for the design of Old Decatur Road from McLeroy Boulevard to Longhorn as part of the 2014 Bond Program. (Per City Attorney's Office, there was no appropriation ordinance for this M&C) 7. M&C C-27242 - Authorize Execution of Amendment No. 2 to City Secretary Contract No. 45477 with Halff Associates, Inc., in the Amount of $331,295.00 for Final Design Services Related to the Trinity Trails Clear Fork - East Bank Extension Proiect; Thereby, Revising the Contract Amount to $430,595.00 (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of Amendment No. 2 to City Secretary Contract No. 45477 with Halff Associates, Inc., in the amount of $331,295.00 for final design services related to the Trinity Trails Clear Fork - East Bank Extension Project,thereby revising the contract amount to $430,595.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 5 of 12 VIII. PRESENTATION BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1951 - Notice of Claims for Alleged Damages and/or Iniuries End of Consent Agenda. C. Land 1. M&C L-15765 - Authorize Direct Sale of Two Tax-Foreclosed Properties Located at 1408 I.M. Terrell Circle South and 1416 I.M. Terrell Circle South for a Total Sales Price of $2,101.96 to Fort Worth Independent School District, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICT 8) It was recommended that the City Council authorize the direct sale of two tax-foreclosed properties described at Lot 5, Block 14, Chambers Addition (1408 I.M. Terrell Circle South), and Lot 7, Block 14, Chambers Addition (1416 I.M. Terrell Circle) for a total sales price of $2,101.96 to Fort Worth Independent School District, in accordance with Section 34.05 of the Texas Tax Code; and authorize the City Manager or his designee to execute and record the appropriate instruments conveying the property to compete the sale. Ms. LaSondra Huggins, 8504 Ohara Lane, completed an undecided speaker card and was recognized by Mayor Pro tem Espino but was not present in the Council Chamber. Motion: Council Member Allen Gray made a motion, seconded by Council Member Bivens, that Mayor and Council Communication L-15765 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation of Cowtown Great American Cleanup Day Council Member Zadeh presented the proclamation of Cowtown Great American Cleanup Day to Ms. Cheri Reynolds, Keep Fort Worth Beautiful Chairperson. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF L Upcoming and Recent Events Mayor Pro tem Espino and Council Members Zimmerman, Shingleton and Zadeh announced upcoming and recent events within the City and various Council districts. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 6 of 12 2. Recognition of Citizens There was 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: Council Member Bivens made a motion, seconded by Council Member Shingleton, that Mr. James Russell be appointed to Place 5 on the Building Standards Commission, effective March 24, 2015, and with a term expiring September 30, 2015. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price 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. XIII. RESOLUTION 1. A Resolution to Conduct a Public Hearing and Designating the Assistant City Manager Over the Parks and Community Services Department to Act on Behalf of the City of Fort Worth in Communications with the Texas Parks & Wildlife Department for the Purpose of Participating in the Local Park Grant Program; Certifying that the City of Fort Worth is Eligible to Receive Program Assistance and that the City of Fort Worth's Matching Share is Readily Available; and Dedicating the Proposed Site for Permanent Public Park and Recreational Uses It was recommended that the City Council conduct a public hearing and designating the Assistant City Manager over the Parks and Community Services Department to act on behalf of the City of Fort Worth in communications with the Texas Parks & Wildlife Department for the purpose of participating in the Local Park Grant Program; certifying that the City of Fort Worth is eligible to receive program assistance and that the City of Fort Worth's matching share is readily available; and dedicating the proposed site for permanent public park and recreational uses. Mayor Pro tem Espino opened the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 7 of 12 a. Report of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentation Ms. LaSondra Huggins, 8504 Ohara Lane, completed an undecided comment card relative to the resolution. C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Scarth, that the public hearing be closed, Resolution No. 4429-03-2015 be adopted as amended, adding the words "and development" after acquisition in the 3`d Whereas Clause, and that the application for an Urban Outdoor Recreation Grant be authorized. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-18447 - Adopt Ordinance EstablishinlZ a Pedestrian and Bicvcle Advisory Commission, in Accordance with the Walk Fort Worth and Bike Fort Worth Plans (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance establishing the Fort Worth Pedestrian and Bicycle Advisory Commission; defining its purpose; establishing guidelines for appointments to the Commission and providing for the Commission's duties and responsibilities. Motion: Council Member Zadeh made a motion, seconded by Council Member Allen Gray that Mayor and Council Communication G-18447 be approved and Ordinance No. 21707-03-2015 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24,2015 Page 8 of 12 Motion: Council Member Allen Gray made a motion, seconded by Council Member Zimmerman that the following individuals be appointed to the Pedestrian and Bicycle Advisory Commission, effective March 24, 2015, and with terms expiring as follows: Place Ap op intee Term Expires 1 Jason Lamers October 1, 2017 2 Gerardo Contreras October 1, 2016 3 Kelly Teeples October 1, 2017 4 Kyle Jensen October 1, 2016 5 Jacquelyn Barnd October 1, 2017 6 David Hill October 1, 2016 7 Michael O'Brien October 1, 2017 8 Shavina Taylor October 1, 2016 9 Kyle Blake October 1, 2017 Motion: Council Member Zimmerman made a substitute motion, seconded by Council Member Scarth, that the individuals listed above be appointed to the Pedestrian and Bicycle Advisory Commission, with the exception that Ms. Adelaide Leavens be appointed to Place 3 instead of Ms. Kelly Teeples, effective March 24, 2015, and with a term expiring October 1, 2017. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. M&C G-18448 - Adopt Ordinance Amending Chapter 27 Section 27-28 of the Code of the City of Fort Worth, Texas (1986) Providing for the Payment of Assignment Pay for Bilingual Skills for Certain Police Officer Positions (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, to amend Section 27-28 of Chapter 27, "Police" of the Code of the City of Fort Worth (as amended) providing for supplemental compensation in the form of assignment pay for bilingual officers. Ms. LaSondra Huggins, 8504 Ohara Lane, completed a speaker card in opposition to Mayor and Council Communication G-18448 and was recognized by Mayor Pro tem Espino but did not wish to address Council. Motion: Council Member Zimmerman made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication G-18448 be approved and Appropriation Ordinance No. 21708-03-2015 be adopted. The motion carried unanimously 8 ayes to 0 nays,with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 9 of 12 D. Land 1. M&C L-15768 - Conduct a Public Hearing and Authorize the Use of a Portion of Overton Park for the Installation of a Sanitary Sewer Line and Associated Infrastructure (COUNCIL DISTRICT 3) (PUBLIC HEARING) It was recommended 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 alternative exists to the use of Overton Park for the installation of a sanitary sewer line and associated infrastructure; find that the proposed installation of sanitary sewer line and associated infrastructure includes all reasonable planning to minimize harm to the parkland, including that the improvements will be constructed in Overton Park; and close the public hearing and authorize use of approximately 0.015 acres of Overton Park located at 3500 Overton Park Drive East, Lot 18, Block 44A, Westcliff Addition, City of Fort Worth, Tarrant County, Texas, for the same purpose as reflected above. Mayor Pro tem Espino opened the public hearing. a. Report of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that the public hearing be closed and Mayor and Council Communication L-15768 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. F. Award of Contract 1. M&C C-27243 - Authorize Execution of a Five-Year Tax Abatement Agreement with the Fort Worth Housing Finance Corporation for the Construction of up to Six Single Family Homes Located on Lee Avenue and Central Avenue in the Northside Neighborhood Empowerment Zone (COUNCIL DISTRICT 2) CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MARCH 24,2015 Page 10 of 12 It was recommended that the City Council authorize the execution of a five-year Tax Abatement Agreement with the Fort Worth Housing Finance Corporation for the construction of up to six single-family homes located on Lee Avenue and Central Avenue in the Northside Neighborhood Empowerment Zone (NEZ), in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication C-27243 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. M&C C-27244 - Ratify Acceptance of Additional Funds in the Amount of $152,792.04 from the TXU Energy Retail Company, L.P., for the TXU Energy Aid Program, Authorize Amendment to City Secretary Contract No. 43572 with TXU Energy Retail Company, L.P., Increasing Funding Amount by $152,792.04 for a Total Contract Amount of $602,792.04 and Adopt t Appropriation Ordinance (ALL COUNCIL DISTRICTS) It was recommended that the City Council ratify the acceptance of additional funds in the amount of$152,792.04 from the TXU Energy Retail Company, L.P., for the TXU Energy Aid Program; authorize an amendment to City Secretary Contract No. 43572 with TXU Energy Retail Company, L.P., increasing the funding amount by $152,792.04 for a total contract amount of $602,792.04; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $152,792.04, subject to receipt of a grant from the TXU Energy Retail Company, L.P., for the same purpose as reflected above. Council Member Scarth advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this item. Motion: Council Member Zimmerman made a motion, seconded by Council Member Allen Gray, that Mayor and Council Communication C-27244 be approved and Appropriation Ordinance No. 21709-03-2015 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Mayor Price absent. XV. PUBLIC HEARING 1. Second Public Hearing for a Proposed Owner-Initiated Annexation for Limited- Purposes of Approximately 21.5 Acres of Land in Tarrant County, Located Along Longhorn Road, West of Main Street and North of Northwest Loop 820 (AX-14- 007) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 24, 2015 Page 11 of 12 It was recommended that the City Council hold a public hearing for a proposed owner-initiated annexation for limited-purposes of approximately 21.5 acres of land in Tarrant County, located along Longhorn Road, west of Main Street and north of Northwest Loop 820 (AX-14-007). Mayor Pro tem Espino opened the public hearing. a. Report of City Staff Mr. Leo Valencia, Senior Planner, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Comments Mr. Bob Riley, 4117 Walnut Creek Court, appeared before Council in support of the annexation and provided a handout. C. Council Action Motion: Council Member Scarth made a motion, seconded by Council Member Bivens, that the public hearing be closed. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XVI. ZONING HEARING It appeared that the City Council, at its meeting of March 17, 2015, continued Zoning Docket ZC-15-030: 1. ZC-15-030 - (CD 2) - Kensington Realty, Inc., 2305 Franklin Drive; from: "K" Heavy Industrial to: "PD/K" Planned Development for all uses in "K" Heavy Industrial plus glass and electronic recycling; site plan included. (Recommended for Approval by the Zoning Commission)(Continued from a Previous Meeting) Ms. Marlene Beckman, 3116 West 6th Street, completed a speaker card in support of Zoning Docket ZC-15-030 and was recognized by Mayor Pro tem Espino but was not present in the Council Chamber. Motion: Council Member Scarth made a motion, seconded by Council Member Zimmerman, that Zoning Docket ZC-15-030 be continued to the April 7, 2015, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MARCH 24,2015 Page 12 of 12 XVII. CITIZEN PRESENTATIONS Ms. LaSondra Huggins, 8504 Ohara Lane, appeared before Council relative to healthcare issues involving Medicare and Medicaid. The following individuals appeared before Council relative to a retaining wall abating their property: Ms. Kristyn Irizarry, 4236 Shores Court Mr. Eli Irizarry, 4236 Shores Court Council Member Scarth requested that they meet with Mr. Randle Harwood, Director, Planning and Development Department, and him after the meeting. XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XIX. ADJOURNMENT There being no further business, Mayor Pro tem Espino adjourned the Regular meeting at 7:41 p.m. These minutes approved by the Fort Worth City Council on the 7h day of April, 2015. Attest: � A Mary J. Ka Betsy rice City Secretary May