HomeMy WebLinkAbout2015/07/28-Minutes-City Council CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28,2015
Present:
Mayor Betsy Price
Mayor Pro tem Salvador Espino, District 2
Council Member W.B. "Zim" Zimmerman, District 3
Council Member Cary Moon, 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
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 for the Day, Ms. Bryce Earley,
banged the gavel and called the regular session of the Fort Worth City Council to order at
7:04 p.m. on Tuesday, July 28, 2015, in the City Council Chamber of the Fort Worth City Hall,
1000 Throckmorton Street, Fort Worth, Texas.
II. INVOCATION - Reverend Walter McDonald, Baker Chapel AME Church
The invocation was provided by Reverend Walter McDonald, Baker Chapel .AME Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF THE REGULAR MEETING OF JULY 21,
2015
Motion: Council Member Bivens made a motion, seconded by Mayor Pro tem Espino, that
the minutes of the Regular meeting of July 21, 2015, be approved. The motion
carried unanimously 9 ayes to 0 nays.
V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Cooke requested that Mayor and Council Communication C-27390 be withdrawn
from the Consent Agenda and continued to the August 11, 2015, Council meeting.
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REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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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 ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
There were no items to be continued or withdrawn by staff.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 Zimmerman made a motion, seconded by Council Member
Shingleton, that the Consent Agenda be approved as amended. The motion carried
unanimously 9 ayes to 0 nays.
A. General - Consent Items
1. M&C G-18515 - Commit all Revenues Generated from Municipal Golf Activities
to be Used Solely to Offset Golf Expenditures in Connection with the Transition of
the Municipal Golf Fund from an Enterprise Fund to a Special Revenue Fund
(ALL COUNCIL DISTRICTS)
2. M&C G-18516 - Approve Findings of the Vehicle for Hire Review Board
Regarding Renewal Application of Darya Corporation d/b/a Executive, to Operate
50 Taxicabs Within the City of Fort Worth and Authorize Issuance of a Vehicle for
Hire Operating License (ALL COUNCIL DISTRICTS)
3. M&C G-18517 - Approve Findings of the Vehicle for Hire Review Board
Regarding Renewal Application of Irving Holdings Inc. d/b/a Yellow Cab, to
Operate 200 Taxicabs Within the City of Fort Worth and Authorize Issuance of a
Vehicle for Hire Operating License(ALL COUNCIL DISTRICTS)
4. M&C G-18518 - Adopt Resolution No. 4492-07-2015 Approving the Tarrant
County Hazard Mitigation Action Plan, June 2015 (ALL COUNCIL DISTRICTS)
C. Land - Consent Items
1. M&C L-15796 - Authorize Execution of a Lease Agreement with SCORE Fort
Worth for Office Space in the Fort Worth Business Assistance Center Located at
1150 South Freeway (COUNCIL DISTRICT 8)
2. M&C L-15797 - Authorize Acquisition of Fee Simple Interest in 1.326 Acres of
Land and a Temporary Construction Easement in 0.662 Acres of Land Described
as Abstract No. 15, William Y. Allen Survey, Located at 4200 Angle Avenue from
Oncor Electric Delivery Co. LLC in the Amount of $71,115.00, Pay Estimated
Closing Costs Up to $2,500.00 for a Total Cost of $73,615.00 for the Old Decatur
Road Reconstruction Proiect (2014 BOND PROGRAM) (COUNCIL DISTRICT 2)
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REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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E. Award of Contract - Consent Items
1. M&C C-27390 - Authorize Execution of Amendment No. 2 to City Secretary No.
42232, a Professional Services Contract with Kimley-Horn and Associates, Inc., in
an Amount Not to Exceed $75,000.00, for a Total Contract Amount of
$1,100,000.00 for Project Management Services for the Chisholm Trail Parkway
Proiect (COUNCIL DISTRICTS 3, 6 and 9)
It was the consensus of the City Council that Mayor and Council Communication C-27390 be
continued to the August 11, 2015, Council meeting. City Manager Cooke later recommended the
continuation to reflect August 4, 2015.
2. M&C C-27391 - Authorize Execution of a Communications System Agreement
with the City of Everman 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)
3. M&C C-27392 - Authorize Execution of a Communications System Agreement
with the City of Grand Prairie for Participation in the City of Fort Worth's Two-
Way Public Safety Radio System at No Cost to the City of Fort Worth (ALL
COUNCIL DISTRICTS)
4. M&C C-27393 - Authorize Execution of Change Order No. 10 to City Secretary
Contract No. 43797 with Stabile and Winn Inc., in the Amount of $211,483.75 for
Pavement Reconstruction, Water and Sanitary Sewer Main Replacement in
Refugio Avenue, NW 23rd Street, Lincoln Avenue and NW 22nd Street, Thereby
Increasing the Total Contract Amount to $4,979,502.34 and the Total Proiect
Amount to $6,331,084.00 (COUNCIL DISTRICT 2)
5. M&C C-27394 - Authorize Execution of an Interlocal Agreement with Tarrant
County to Participate in the Tarrant Regional Auto Crimes Task Force, Authorize
Acceptance of a Grant Award from the Tarrant County Regional Auto Crimes
Task Force in the Amount of $106,177.00, Authorize Transfer from the General
Fund in the Amount of $22,980.00 for the City's Match Requirement and Adopt
Appropriation Ordinance No. 21807-07-2015 (ALL COUNCIL DISTRICTS)
6. M&C C-27395 - Authorize Execution of a First Renewal and Amendment to City
Secretary Contract No. 46392, an Interlocal Agreement with the Fort Worth
Independent School District to Operate the Fort Worth After School Program at
Daggett Middle School, to Extend the Term for an Additional Year and to Revise
the Funding to an Amount Up to $44,213.00 and Adopt Appropriation Ordinance
No. 21808-07-2015 (COUNCIL DISTRICT 9)
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REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS
1. OCS - 1961 - Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of the Fort Worth Sister Cities International Leadership Academy
Mr. Michael Bennett, Chair of the International Leadership Academy Team, introduced students
from nine Sister Cities to present gifts to Mayor Price on behalf of their delegations.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Mayor Price, Mayor Pro tem Espino and Council Members Zimmerman, Moon, Bivens,
Shingleton, Allen Gray 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
Motion: Council Member Zimmerman made a motion, seconded by Council Member
Jordan, that Mr. Kenneth J. Cockrell be appointed to Place 3 on the Zoning
Commission and Fort Worth Alliance Airport Zoning Commission, effective July
28, 2015, and with a term expiring October 1, 2015, be approved. The motion
carried unanimously 9 ayes to 0 nays.
Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton,
that Ms. Alyssa Rumsey be appointed to Place 6 on the Community Development
Council, effective July 28, 2015, and with a term expiring October 1, 2016, be
approved. The motion carried unanimously 9 ayes to 0 nays.
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REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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2. Council Proposal No. 304 - Street Name Chante for Portion of East Hattie Street
Between Main Street and South Freeway (I11-35), to East Pennsylvania Avenue and
Waiver of Associated Fees
Note: Council procedure provides that Council Proposals are introduced at one meeting and
followed by Council action at the next Council meeting.
XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS,
COMMISSIONS AND/OR CITY COUNCIL COMMITTEES
There were no presentations and/or communication from boards, commissions andJor City
Council committees.
XIII. RESOLUTIONS
1. A Resolution Appointing a City Charter Review Task Force
Motion: Council Member Jordan made a motion, seconded by Council Member
Shingleton, that substitute Resolution No. 4493-07-2015 be adopted as substituted
by the Resolution presented during the Pre-Council meeting. The motion carried
unanimously 9 ayes to 0 nays.
2. A Resolution Statement Expressing Official Intent to Reimburse Expenditures with
Proceeds of Future Debt for the Trinity River Vision - Central City Project and the
Trinity Uptown Service Area Phase 1 - Bridge and Channel Relocation, Part 3
Project
Motion: Council Member Shingleton made a motion, seconded by Council Member Allen
Gray, that Resolution No. 4494-07-2015 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
XIV. REPORT OF THE CITY MANAGER
B. General
1. M&C G-18519 - Adopt Reserve Policy for Non-Insurance Type Internal Service
Funds as an Attachment to the Previously Adopted Financial Management Policy
Statements Adopted on May 5, 2015 (ALL COUNCIL DISTRICTS)
Motion: Council Member Shingleton made a motion, seconded by Council Member
Bivens, that Mayor and Council Communication G-18519 be approved. The
motion carried unanimously 9 ayes to 0 nays.
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2. M&C G-18520 - Ratify Application for and Acceptance of Funds Totaling
$30,000.00 from the Helen Irwin Littauer Educational Trust for the 2015 Como
Community Center Summer Day Camp Program and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 3)
Motion: Council Member Zimmerman made a motion, seconded by Council Member
Moon, that Mayor and Council Communication G-18520 be approved with
appreciation and Appropriation Ordinance No. 21809-07-2015 be adopted. The
motion carried unanimously 9 ayes to 0 nays.
3. M&C G-18521 - Conduct Two Public Hearings and Approve the City's 2015-2016
Action Plan for the Use of Federal Grant Funds in the Amount of $9,820,979.00
from the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant and Housing Opportunities for Persons with AIDS
Grant Programs, Authorize Collection and Use of Program Income, Authorize
Waiver of Application of Indirect Cost Rates, Authorize Execution of Related
Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
(PUBLIC HEARING)
Mayor Price opened the public hearing.
a. Report of City Staff
Ms. Alice Cruz, Neighborhood Services Department, appeared before Council and provided a
staff report.
b. Citizen Presentations
The following individuals appeared before Council in support of Mayor and Council
Communication G-18521:
Ms. Maria Sifuentes, 1420 Lagonda Avenue
Ms. Mariela Gomez, 15 Yell Street
C. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens,
that the public hearing be closed and Mayor and Council Communication G-18521
be continued to the August 4, 2015, Council meeting. The motion carried
unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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D. Land
1. M&C L-15798 - Adopt Resolution Authorizing Condemnation by Eminent
Domain for a Permanent Sewer Facility Easement on 0.343 Acres of Land and Two
Temporary Construction Easements on 0.836 Acres of Land Owned by 7301,
LLC., Described as Tract 4-R-1, Lake Arlington Industrial Park Addition, Located
at 7301 West Pioneer Parkway for the Village Creek Parallel Interceptor
Improvements Proiect (COUNCIL DISTRICT 5)
Motion: Council Member Bivens made a motion, seconded by Council Member
Zimmerman, that Mayor and Council Communication L-15798 be approved and
that the Fort Worth City Council adopt Resolution No. 4495-07-2015 authorizing
the use of power of eminent domain to acquire an easement interest in 0.343 acres
of land for sewer and two temporary easement interests in 0.836 acres of land for
construction, located at 7301 West Pioneer Parkway in Tract 4-R-1, Lake Arlington
Industrial Park Addition, Tarrant County, Texas, owned by 7301, LLC, a Texas
Corporation. The easements will be used to construct the necessary improvements
to install, restore, and replace sewer and water mains in the area. This will increase
the service capacity to accommodate increased population and development to the
area. The easements are described by metes and bounds, and surveys attached to
this Mayor and Council Communication. The motion carried unanimously 9 ayes to
0 nays.
F. Award of Contract
1. M&C C-27396 - Authorize Execution of an Economic Development Program
Agreement with Galderma Laboratories, L.P. or an Affiliate for Development of a
Medical Products Facility at the Northeast Corner of Texas Longhorn Way and
Heritage Parkway (COUNCIL DISTRICT 2)
Motion: Council Member Shingleton made a motion, seconded by Council Member
Zimmerman, that Mayor and Council Communication C-27396 be approved. The
motion carried unanimously 9 ayes to 0 nays.
2. M&C C-27397 - Authorize Execution of an Economic Development Program
Agreement with Smith & Nephew, Inc., or an Affiliate for Development of a
Medical Technology Facility at the Intersection of Clearfork Main Street and
Chisolm Trail Parkway (COUNCIL DISTRICT 9)
Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens,
that Mayor and Council Communication C-27397 be approved. The motion
carried unanimously 9 ayes to 0 nays.
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REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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3. M&C C-27398 - Authorize Execution of Contracts with Javier Gomez d/b/a GTO
Construction and Inte ri Texas Construction Ltd., in the Amount of $952,250.00
Each for the Lead-Safe Grant Program (ALL COUNCIL DISTRICTS)
Motion: Council Member Allen Gray made a motion, seconded by Council Member
Zimmerman, that Mayor and Council Communication C-27398 be approved. The
motion carried unanimously 9 ayes to 0 nays.
4. M&C C-27399 - Amend Mayor and Council Communication C-27220 for the
Development of the Reserve at Quebec Apartments to Authorize Expenditure of
HOME Investment Partnerships Program Grant Funds of $2,000,000.00 to MV
Affordable Housing LLC, in the Form of a Subordinate Forgivable Loan,
Authorize Execution of Contract, Approve Assignments of Contract and Loan
Documents and Approve Waiver of Certain Related Development Fees Estimated
at $204,000.00 (COUNCIL DISTRICT 7)
Motion: Council Member Shingleton made a motion, seconded by Council Member Allen
Gray, that Mayor and Council Communication C-27399 be approved. The motion
carried unanimously 9 ayes to 0 nays.
5. M&C C-27400 - Authorize Execution of a Lease Agreement with Artes De La
Rosa for the Rose Marine Theater and Annex Building Located at 1440 and 1444
North Main Street, Fort Worth (COUNCIL DISTRICT 2)
Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication C-27400 be approved. The motion
carried unanimously 9 ayes to 0 nays.
XV. ZONING HEARING
The City Council, at its meeting of June 16, 2015, continued Zoning Docket ZC-15-016:
1. ZC-15-016 - (CD 2) - City of Fort Worth Planning & Development-Lincoln
Avenue, 2501 & 2503 Lincoln Avenue; from: "FR" General Commercial
Restricted to: "PD/E" Planned Development for "E" Neighborhood Commercial
with No Alcohol Sales; Site Plan Required. (Recommended for Approval as
Amended by the Zoning Commission to PD/ER and to Specify Lighting and Waive
Landscaping in Rear Buffervard) (Continued from a Previous Meeting)
Ms. Marcella Olson, 500 Main Street, Suite 800, appeared before Council in support of Zoning
Docket ZC-05-016 and made the following points:
• Screening fence would be built five feet away from property line on north side of the
property with green space outside of fence
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• Strongly opposed to "PD/ER" recommendation
• Drainage would flow toward Lincoln Avenue and away from neighborhood dwelling
• Dumpster would be placed on the west side of the building adjacent to the building itself
• Lighting would be on the screening fence directed away from homes and toward the
parking lot of the building
• Ingress and egress would be on Northwest 25`h Street only
Mr. Ray Oujesky, 201 Main Street, Suite 2500, appeared before Council in support of 'Zoning
Docket ZC-05-016 and made the following points:
• Honor and follow the recommendation of the Zoning Commission to grant the most
restrictive commercial available — a "PD/ER" — to assure that the adjacent residential use
would face minimal impact from the use of the commercial property
• Inner District 2 Alliance and the North Side Neighborhood Association supported the
"PD/ER" recommendation
• One objection to the site plan regarding the chain and bollard fence as it was deemed
dangerous and inappropriate and asked for it to be removed from the site plan
Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton,
to approve a zoning change from"FR" General Commercial Restricted to "PD/E"
for all uses in "E" Neighborhood Commercial, except the following uses which
are prohibited: assisted living facility, massage therapy and spa, nursing home,
golf course, park or playground (public or private), indoor amusement, lodge or
civic club, commercial swimming pool, drive-in theater, movie theater or
auditorium, bank, financial institution, bakery, business college or commercial
school, convenience store, dance studio, farmers' market, feed store/milling,
firewood sales, greenhouse or plant nursery, grocery store, meat market, large
retail store, laundry, dry cleaning or washateria, liquor or package store, mortuary
or funeral home, recording studio, taxidermist shop, veterinary clinic with indoor
kennels, gasoline sales, recycling collection facility, outdoor display or storage,
residence for security purposes (temporary). Sale of alcohol is prohibited. There
will be a four-foot masonry retaining wall with screening fence on top of retaining
wall, with a combined height of a minimum of six feet, shall be constructed on the
property five feet inside the north property line. A bufferyard shall be provided
between the masonry wall/fence and the north property line. Landscape
requirement waived. Two security lights may be provided on poles located
adjacent to the masonry wall/screening fence directed away from the adjacent
residentially-zoned property. Site plan required and the one submitted has been
approved. Ingress and egress to the property is on NW 25`h and not on Lincoln
Avenue, and removal of the bollard and chain fence and drainage to be directed
away from the Molina's' property on Lincoln Avenue. The motion carried
unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
JULY 28, 2015
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The City Council, at its meeting of June 16, 2015, continued Zoning Docket ZC-15-071 :
2. ZC-15-071 - (CD 8) - Recovery Resource Council, 2750 Nies Street (SH 121); from:
"B" Two-Family to: "E" Neighborhood Commercial (Recommended for Approval
by the Zoning Commission) (Continued from a Previous Meeting)
Ms. Margie Hatcher, 2700 Airport Freeway, appeared before Council in support of Zoning
Docket ZC-15-071, and provided handouts.
Motion: Council Member Allen Gray made a motion, seconded by Council Member
Zimmerman, that Zoning Docket ZC-15-071 be approved. The motion carried
unanimously 9 ayes to 0 nays.
The City Council, at its meeting of June 16, 2015, continued Zoning Docket ZC-15-072:
3. ZC-15-072 - (CD 5) - Handley Church of Christ, 3029 Handley Drive, 3000 & 3012
Halbert Street; from: "A-5" One-Family to: "PD/SU" Planned
Development/Specific Use for Event Center with Alcohol Sales & Restaurant; Site
Plan Waiver Recommended. (Recommended for Approval by the Zoning
Commission) (Continued from a Previous Meeting)
The following individuals appeared before Council in support of Zoning Docket ZC-15-072:
Mr. Paul Kerpoe, 6717 Craig Street
Mr. James Austin, 2017 Teakwood Trace
Ms. Judy Taylor, 2604 Stark Street
Mr. Robbie Fenyes, 4604 Edenwood Drive
Ms. Lindy Suze, 1430 Breckenridge, Mansfield, Texas
Ms. Stacy Marshall, 1150 South Freeway, completed a speaker card in support of Zoning Docket
ZC-15-072 and was recognized by Mayor Price but was not present in the Council Chamber.
The following individuals appeared before Council in opposition to Zoning Docket ZC-15-072:
Ms. Julie Ledford, 2913 Handley Drive (provided handouts)
Mr. Rick Hostler, 1614 Jenson Road
Mr. Dexter Robertson, 6808 Church Street
Mr. James Sims, 6935 Craig Street
Mr. Wayne Ludwig, 2848 Major Street, completed a comment card in support of Zoning Docket
ZC-15-072.
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The following individuals completed comment cards in opposition to Zoning Docket ZC-15-072:
Mr. Alexander Hilburn, 2912 Haynie Street
Mr. Jason Bryant, 6938 Craig Street
Mr. Edward Neal, 2908 Handley Drive
Mr. Alan Ray, 3004 Handley Drive
Ms. Donna Anderson, 3010 Handley Drive
Motion: Council Member Bivens made a motion, seconded by Council Member Jordan,
that Zoning Docket ZC-15-072 be approved. The motion carried unanimously 9
ayes to 0 nays.
There being no one else present desiring to be heard in connection with the recommended
changes and amendments pertaining to Zoning Ordinance No. 13896 for the above-listed cases,
Council Member Bivens made a motion, seconded by Council Member Jordan, that the hearing
be closed and Ordinance No. 21810-07-2015 be adopted. The motion carried unanimously 9 ayes
to 0 nays.
XVI. CITIZEN PRESENTATIONS
Mr. Bob Willoughby, 6731 Bridge Street #125, appeared before Council relative to Code
Compliance issues.
Ms. La Sondra Huggins, 8504 Ohara Lane, completed a Citizen Presentation card relative to
District Court 348272614-14 and Case No. 1419173 CCC6 and was recognized by Mayor Price
but was not present in the Council Chamber.
XVII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B
City Manager Cooke stated that Mayor and Council Communication C-27390 would be
continued to the August 4, 2015, Council meeting, rather than to August 11, 2015, as previously
stated.
XVIII. ADJOURNMENT
There being no further business, Mayor Price adjourned the Regular meeting at 8:54 p.m.
Attest: *Betsrice
fil at I i
M J. Kay City Secretary