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HomeMy WebLinkAbout2015/04/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Present: Mayor Betsy Price Mayor Pro tem Salvador Espino, District 2 Council Member W.B. "Zim" Zimmerman, District 3 Council Member Daniel Scarth, District 4 (arrived at 7:09 p.m.) Council Member Gyna Bivens, District 5 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Ann Zadeh, District 9 Absent: Council Member Kelly Allen Gray, District 8 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 7:00 p.m. on Tuesday, April 21, 2015, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas. II. INVOCATION - Reverend Aaron Ashlock, Oak Knoll Baptist Church The invocation was provided by Reverend Aaron Ashlock, Oak Knoll Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 14, 2015 Motion: Council Member Shingleton made a motion, seconded by Council Member Zimmerman, that the minutes of the Regular meeting of April 14, 2015, be approved. The motion carried unanimously 7 ayes to 0 nays, with Council Members Scarth and Allen Gray absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 2 of 11 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Cooke requested that Mayor and Council Communications G-18459 and C-26267 be removed from the Consent Agenda for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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF There were no items to be continued or withdrawn by staff.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 Bivens, that the Consent Agenda be approved as amended. The motion carried unanimously 7 ayes to 0 nays, with Council Members Scarth and Allen Gray absent. A. General - Consent Items 1. M&C G-18458 - Consent to the City Manager's Appointment of Eric Jaramillo to Place 5 on the Construction and Fire Prevention Board of Appeals (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consent to the City Manager's appointment of Eric Jaramillo to Place 5 on the Construction and Fire Prevention Board of Appeals effective April 21, 2015,to fill a vacant position with term expiring October 1, 2015. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11749 - Authorize Purchase of Livestock Arena Panels and Gates from W-W Manufacturing Co., Inc., in the Amount of$83,536.00 for the Public Events Department(COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the purchase of livestock panels and gates from W-W Manufacturing Co., Inc., for the Public Events Department in the amount of$83,536.00. C. Land - Consent Items 1. M&C L-15772 - Authorize Direct Sale of Six Tax-Foreclosed Properties Located Throughout the City of Fort Worth for a Total Sales Price of $60,086.46 to Multiple Buyers, in Accordance with Section 34.05 of the Texas Tax Code (COUNCIL DISTRICTS 2, 8 and 9) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21,2015 Page 3 of 11 The City Council approved the following recommendation: Authorize the direct sale of six tax- foreclosed properties, as described below, located throughout the City of Fort Worth for a total sales price of$60,086.46 to multiple buyers, in accordance with Section 34.05 of the Texas Tax Code; and Buyer Property Address Legal Description Mr. Luis Rojo 1615 Belzise Terrace Lots 6 and 7, Block 4, Graham Park Addition Mr. Luis Rojo 943 Bessie Street South Part of Lots 19 and 20, Block 1, Union Depot Addition Vintage Marketing Group, 2918 Clinton Avenue Lot 14, Block 69, MG Ellis LLC Addition Texas Wesleyan 2827 Avenue A Being 0.156 acres, more or University less, John Vanriper Survey, Abstract No. 1590, also known as Tract 31 Texas Wesleyan 2827 Avenue E Lots 9 through 11, Block 8, University Boaz & Dillow Addition Ms. Dorian F. Villegas- 4260 Cherokee Trail Lot 7, Block 2, Kellis Park Silis Addition Authorize the City Manager or his designee to execute and record the appropriate instruments conveying the properties to complete the sales. 2. M&C L-15773 - Authorize Direct Sale of Five Tax-Foreclosed Properties in the Hillside MorninLIside Neighborhood for a Total Sales Price of $10,450.00 to Fort Worth Area Habitat for Humanity, Inc. d/b/a Trinity Habitat for Humanity for the Development of Low-Income Housing, in Accordance with Section 34.05(1) of the Texas Tax Code (COUNCIL DISTRICT 8) The City Council approved the following recommendation: Authorize the direct sale of five tax- foreclosed properties, as described below, in the Hillside Morningside Neighborhood for a total sales price of$10,450.00 to Fort Worth Area Habitat for Humanity, Inc. d/b/a Trinity Habitat for Humanity, in accordance with Section 34.05 (i) of the Texas Tax Code; and Property Address Legal Description 1332 Driess Street Lot 12, Block 2, Greenwood's Subdivision of Block 10, Evans South Addition 1412 Stewart Street Lot 17, Block 1, Greenwood Subdivision No. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 4 of 11 3, Evans South of 12 925 Irma Street Lot 10, Block 1, Graves and McDaniels No. 1 Subdivision 1103 Oleader Street East Lot 10A, Block 10, Spencer Addition 927 East Magnolia Avenue Lot 11, Block 2, Graves and McDaniels No. 1 Subdivision Authorize the City Manager or his designee to execute and record the appropriate instruments conveying the properties to complete the sale. E. Award of Contract - Consent Items 2. M&C C-27268 - Adopt Resolution Authorizing Employment of Greta E. Cowart of the Law Firm of Winstead, PC, as Outside Counsel for Legal Services Related to Employee Health and Welfare Benefit Matters, and Authorizing Payment of Counsel Fees in an Amount Not to Exceed $20,000.00 (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Adopt Resolution No. 4440-04-2015 authorizing the employment of Greta E. Cowart of the law firm of Winstead, PC, as outside legal counsel under Chapter VI, Section 3, of the City Charter, to assist the City Attorney's Office in advising the Human Resources Department in employee health and welfare benefit matters, including the City's compliance with the federal Patient Protection and Affordable Care Act, and authorizing payment of counsel fees in an amount not to exceed$20,000.00. 3. M&C C-27269 - Authorize Execution of a Contract with P.C. Contractors, LLC, in the Amount of $653,667.87 for the Construction of Approximately 50,375 Square Feet of Concrete Sidewalk and 65 Americans with Disabilities Act Barrier Free Ramps Throughout the City of Fort Worth and Provide for Additional Construction Costs and Contingencies for a Total Proiect Amount of$884,484.84 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 3, 6, 7 and 9) The City Council approved the following recommendation: Authorize execution of a contract with P.C. Contractors, LLC, in the amount of $653,667.87 for construction of approximately 50,375 square feet of concrete sidewalk and 65 Americans with Disabilities Act barrier free ramps throughout the City of Fort Worth and provide for additional construction costs and contingencies for a total project amount of$884,484.84. 4. M&C C-27270 - Authorize Execution of a Contract with Veolia ES Technical Solutions, LLC, in an Amount Not to Exceed $150,000.00 Per Year for Packaging, Transportation and Disposal of Hazardous, Special and Solid Waste Generated by the City (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 5 of 11 The City Council approved the following recommendation: Authorize the execution of a contract with Veolia ES Technical Solutions, LLC, for packaging, transportation, and disposal of hazardous, special, and solid waste generated by the City, with a contract amount not to exceed $150,000.00 for a period of one year with three (3) one-year renewal options. 5. M&C C-27271 - Authorize Amendment to City Secretary Contract No. 32504, as Amended, a Lease Agreement with Linville and Smith Enterprises, Inc. a/k/a Putt-Putt Golf, for Use of a Portion of North Z. Boaz Community Park to Revise the Monthly Fixed (or Guaranteed) Rental Amount (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize an amendment to City Secretary Contract No. 32504, as previously amended, a Lease Agreement with Linville and Smith Enterprises, Inc. a/k/a Putt-Putt Golf, for use of a portion of North Z. Boaz Community Park to revise the monthly fixed (or guaranteed) rental payments set forth below: 1. January 1, 2015, through April 30, 2015 - Amend the monthly fixed (or guaranteed) rental payment from $4,250.00 to $3,750.00; 2. May 1, 2015, through December 31, 2019 - Amend the monthly fixed (or guaranteed) rental payment from $4,250.00 to $2,500.00; and 3. January 1, 2020, through December 31, 2024 - Amend the monthly fixed (or guaranteed) rental payment from $4,750.00 to $4,000.00. 6. M&C C-27272 - Ratify Application for and Authorize Acceptance of, if Awarded, a Grant from the American Library Association for an Exhibition to be Displayed at the Central Library and a Grant Award in the Amount of$1,000.00 to Support Related Programs, Authorize Execution of Grant Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Ratify the application for and authorize the acceptance of, if awarded, a grant from the American Library Association for the Discover Tech: Engineers Make a World of Difference traveling exhibition and a grant award of $1,000.00 to support related programs, for the period January 2016 through December 2017; authorize the execution of a Grant Agreement with the American Library Association; and adopt Appropriation Ordinance No. 21730-04-2015 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,000.00, subject to receipt of a grant from the American Library Association, for the same purpose as reflected above. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1954 - Notice of Claims for Alleged Damages and/or Iniuries End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21,2015 Page 6 of 11 (Council Member Scarth took his place at the dais.) A. General- Removed from Consent Agenda 2. M&C G-18459 - Authorize Settlement of the Claims Related to the Lawsuit Entitled Michael Anthony Reyes v. City of Fort Worth, No. CV 67-274773-14, in the 67th Judicial District Court, Tarrant County, Texas and Authorize Execution of Releases and Agreements Necessary to Complete the Settlement (ALL COUNCIL DISTRICTS) It was recommended that the City Council approve the below-described settlement of the referenced claim and authorize payment of a total of$76,055.03 to Michael Anthony Reyes and his attorneys, Law Offices of Barry Martines, for the settlement of possible claims related to the lawsuit styled Michael Anthony Reyes v. City of Fort Worth, No. CV 67-274773-14, in the 67th Judicial District Court, Tarrant County, Texas; and authorize execution of releases and agreements necessary to complete the settlement. Ms. La Sondra Huggins, 8504 Ohara Lane, addressed the Council relative to Mayor and Council Communication G-18459. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication G-18459 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. E. Award of Contract- Removed from Consent Agenda 1. M&C C-27267 - Authorize Execution of a Joint Election Agreement and Contract with the Tarrant County Elections Administrator for Election Services for the General Election to be Held on May 9, 2015, for the Purpose of Electing Council Members of City Council Districts 2, 4, 5, 7 and 8 in the Estimated Amount of $132,780.00 and Authorize a Seventy-Five Percent Down Payment of the Estimated Cost in the Amount of$99,600.00 (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize the execution of a Joint Election Agreement and Contract with the Tarrant County Elections Administrator for election services for the General Election held on Saturday, May 9, 2015, for the purpose of electing Council Members for City Council Districts 2, 4, 5, 7 and 8 in the estimated amount of$132,780.00; and authorize a 75 percent down payment on the total estimated cost in the amount of $99,600.00 to the Tarrant County Elections Administrator. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 7 of 11 Ms. La Sondra Huggins, 8504 Ohara Lane, addressed the Council relative to Mayor and Council Communication C-27267. Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-27267 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Presentation of Proclamation for Financial Fitness DFW Month Council Member Jordan presented a proclamation for Financial Fitness DFW Month to Mr. Tim McKinney, United Way of Tarrant County, Ms. Julie Gunter, Federal Reserve Bank of Dallas, Mr. Daniel Garcia, Business and Community Leaders of Texas, and Ms. Sonia Singleton, Assistant Director, Parks and Community Services. 2. Presentation of Proclamation for National Osteopathic Medicine Week Mayor Price presented a proclamation for National Osteopathic Medicine Week to Council Member Dennis Shingleton, Senior Associate Dean Finance and Administration, Texas College of Osteopathic Medicine (TCOM), and Ms. Jamie Kowal, TCOM Student Representative. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Mayor Price, Mayor Pro tem Espino, and Council Members Zimmerman, Jordan, and Zadeh 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. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes on boards and commissions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21,2015 Page 8 of 11 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. REPORT OF THE CITY MANAGER B. General 1. M&C G-18460 - Consider Variance from Section 4-4 of the City Code to Allow Alcoholic Beverage Sales for Wine and Beer at Vindoli's Pizza & Subs Located at 4450 Boat Club Road (COUNCIL DISTRICT 2) (PUBLIC HEARING) It was recommended that the City Council consider a request from Paul and Doris Cardarelli, owners of Vindoli's Pizza & Subs, located at 4450 Boat Club Road for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages within 300 feet of Lake Worth High School located at 4210 Boat Club Road. Mayor Price opened the public hearing. a. Report of City Staff Ms. Beth Knight, Senior Planner, Planning and Development Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. C. Council Action Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed and Mayor and Council Communication G-18460 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. D. Land 1. M&C L-15774 - Consider Institution and Adoption of Ordinance Annexing Approximately 21.5 Acres of Land in Tarrant County Located at 341 and 351 Longhorn Road, West of Main Street and North of Northwest Loop 820 for Limited Purposes and Adopt Regulatory Plan (FUTURE COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 9 of 11 It was recommended that the City Council institute and adopt an ordinance declaring certain findings; providing for limited purpose annexation of a certain 21.5 acres (.034 square miles) of land, more or less, situated in the A. Albright Survey, Abstract No. 1849, Tarrant County, Texas, located at 341 and 351 Longhorn Road, west of Main Street and north of Northwest Loop 820, being all of that certain tract described as Tract 1 in the deed to Northwest Pipe Company, all of that certain tract of land conveyed to the City of Fort Worth, Tarrant County, Texas, all of that certain tract of land described as 0.455 acre from Northwest Pipe Company to the City of Saginaw, Tarrant County, Texas, and being a portion of that certain 77.625 acre tract conveyed to Tarrant County Water Control and Improvement District No. 1, Tarrant County Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Mr. Bob Riley, 4117 Walnut Creek Court, completed a speaker card in support of Mayor and Council Communication L-15774 and was recognized by Mayor Price but did not wish to address Council. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Bivens, that Mayor and Council Communication L-15774 be approved and Ordinance No. 21731-04-2015 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Bivens absent. F. Award of Contract 1. M&C C-27273 - Authorize Execution of a Contract with Blastco Texas Inc., in the Amount of $1,488,675.00 for the Como Ground Storage Tank Rehabilitation and Repaint Proiect, Provide for Proiect Management and Contingencies for a Total Proiect Amount of $1,732,510.00 and Adopt Reimbursement Resolution (COUNCIL DISTRICT 3) It was recommended that the City Council authorize the execution of a contract with Blastco Texas, Inc., in the amount of$1,488,675.00 for the Como Ground Storage Tank Rehabilitation and Repaint Project; and adopt a resolution expressing its official intent to reimburse expenditures with proceeds of future debt for the Como Ground Storage Tank Rehabilitation and Repaint Project. Motion: Council Member Zimmerman made a motion, seconded by Council Member Bivens, that Mayor and Council Communication C-27273 be approved and Resolution No. 4441-04-2015 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 10 of 11 XIV. ZONING HEARING The City Council, at its meeting of April 14, 2015, continued Zoning Docket ZC-14-152A: 1. ZC-14-152A - (CD 2) - City of Fort Worth Planning & Development, 300 block Longhorn Road; from: Unzoned to: "K" Heavy Industrial (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Mr. Bob Riley, 4117 Walnut Creek Court, completed a speaker card in support of Zoning Docket ZC-14-152A and was recognized by Mayor Price but did not wish to address Council. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket ZC-14-152A be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. The City Council, at its meeting of April 14, 2015, continued Site Plan SP-15-002: 2. SP-15-002 - (CD 2) - Stockyards 2000, LP, 2525 Rodeo Plaza, from: PD- 1017"PD/MU-2" Planned Development for all uses in "MU-2" High Intensitv Mixed-Use plus stockyards, stables, and brewery, blacksmithing or wagon shop, brewpub, brewery, distillery or winery, circus, feed store, no processiny-/milling, furniture sales, with outside storage/display (new/used), livestock auction, manufacture of basket material, bicycles, boots/ shoes, boxes, caskets, outdoor sales kiosk, stable, commercial riding, boarding or rodeo arena, stockyards or feeding pens (commercial or noncommercial), new vehicle sales or rental including automobiles , motorcycles, boats or trailers with a maximum of six vehicles for outdoor display, vendor transient, veterinary clinic with outdoor kennels, retaining historic overlays. The above regulations will apply within the Stockyards Planned Development/MU-2 District: One-story, 18 foot minimum height; site plan required. All variances and modifications to this PD/MU-2 district shall be heard by the Zoning Commission and City Council to: Site plan for PD-1017 for a permanent stage. (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Mr. Concho Minick, 3667 Monticello, completed a speaker card in support of Site Plan SP-15- 002 and was recognized by Mayor Price but did not wish to address Council. Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Zimmerman, that Site Plan SP-15-002 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 21, 2015 Page 11 of 11 There being no one present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above-listed cases, Mayor Pro tem Espino made a motion, seconded by Council Member Zimmerman that the hearing be closed and Ordinance No. 21732-04-2015 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Allen Gray absent. XV. CITIZEN PRESENTATIONS Mr. Donald Fisher, 4836 East William Springs Road, completed a Citizen Presentation card relative to cultural and historic preservation and was recognized by Mayor Price but was not present in the Council Chamber. Ms. La Sondra Huggins, 8504 Ohara Lane and 2400 Cypress, appeared before Council relative to District Court 348272614-14. U.S. District Court No. 4:14-785-CV-0, and the mayoral candidacy and district vacancies. XVI. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B XVII. ADJOURNMENT There being no further business. Mayor Price adjourned the Regular meeting at 7:40 p.m. These minutes approved by the Fort Worth City Council on the 5th day of May, 2015. Attest: A proved: Mary J. K4kr 0 Bet rice City Secretary Mayor