HomeMy WebLinkAbout2015/08/18-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 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
L 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, August 18, 2015, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas.
H. INVOCATION - Imam Talib Salahuddin, Masiid Hassan AL Islam
The invocation was provided by Imam Talib Salahuddin, Masjid Hassan AL Islam.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF
AUGUST 11, 2015
Motion: Council Member Allen Gray made a motion, seconded by Council Member
Zimmerman, that the minutes of the Regular meeting of August 11, 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V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Cooke requested that Mayor and Council Communication G-18530 be withdrawn
from the Consent Agenda for individual consideration.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18,2015
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VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Cooke requested that Mayor and Council Communication G-18537 be continued
to the August 25, 2015, Council meeting.
VII. CONSENT AGENDA
Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Zadeh, 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-18529 - Adopt Resolution No. 4501-08-2015 Retaining the Law Firm of
Kelly Hart & Hallman, LLP, as Outside Legal Counsel, in an Amount Not to
Exceed $100,000.00 for Legal Services Related to Lawsuits Challenging the City's
Game Room Ordinances (ALL COUNCIL DISTRICTS)
3. M&C G-18531 - Adopt Ordinance No. 21827-08-2015 Amending Chapter 22
"Motor Vehicles and Traffic," Article III "Operation of Vehicles," Section 22-86
"Speeding," Subsection (i) of the Code of the City of Fort Worth, Texas (2015), as
Amended, to Change the Locations, Extent and Speed Limits of Certain Speed
Zones (ALL COUNCIL DISTRICTS)
4. M&C G-18532 - Authorize Acceptance of an Additional Amount of$18,872.46 for
the Fiscal Year 2015 Emergency Management Preparedness Grant Award from
the Texas Division of Emergency Management and Execution of the Grant
Contract for the Total Amount of the Award of $163,298.46 and Adopt
Appropriation Ordinance No. 21828-08-2015 (ALL COUNCIL DISTRICTS)
5. M&C G-18533 - Authorize Acceptance of a Routine Airport Maintenance Proiect
Grant for Fort Worth Alliance Airport from the Texas Department of
Transportation, Aviation Division, if Offered, in the Amount of$50,000.00, Accept
Contribution from Alliance Air Services in the Amount of$50,000.00 for the City's
Grant Match and Adopt Appropriation Ordinance No. 21829-08-2015 (COUNCIL
DISTRICT 7)
6. M&C G-18534 - Authorize Acceptance of a Routine Airport Maintenance Proiect
Grant for Fort Worth Meacham International Airport from the Texas Department
of Transportation, Aviation Division, if Offered, in the Amount of $50,000.00,
Authorize Use of Gas Lease Revenue in the Amount of $50,000.00 for the City's
Grant Match and Adopt Appropriation Ordinance Nos. 21830-08-2015 and
21831-08-2015 (COUNCIL DISTRICT 2)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2015
Page 3 of 10
7. M&C G-18535 - Authorize Acceptance of a Routine Airport Maintenance Proiect
Grant for Fort Worth Spinks Airport from the Texas Department of
Transportation, Aviation Division, if Offered, in the Amount of $50,000.00,
Authorize Use of Gas Lease Revenue in the Amount of $50,000.00 for the Citv's
Grant Match and Adopt Appropriation Ordinance Nos. 21832-08-2015 and
21833-08-2015 (COUNCIL DISTRICT 6)
B. Purchase of Equipment,Materials, and Services - Consent Items
1. M&C P-11775 - Authorize Purchase Agreement for Lead Cleaning Services with
Environmental Logistics Company, LLC, in the Amount of$80,200.00 for the First
Year for the Police Department (ALL COUNCIL DISTRICTS)
2. M&C P-11776 - Reiect All Proposals Received for the Information Technoloev
Solutions Department T1 Replacement Solution (ALL COUNCIL DISTRICTS)
3. M&C P-11777 - Authorize Sole Source Purchase Agreement with EGW Utilities,
Inc., in the Amount Up to $168,000.00 for the First Year for OEM Itron Leak
Detection Equipment and Training for the Water Department (ALL COUNCIL
DISTRICTS)
4. M&C P-11778 - Authorize Execution of Amendment and Extension to Existing
Purchase Agreement with CTJ Maintenance, Inc., for an Additional Amount of
$300,000.00 for a Total Amended Amount Up to $1,500,000.00 Per Year for
Janitorial Service and to Extend the Purchase Agreement Term to
October 31, 2015 for All City Departments (ALL COUNCIL DISTRICTS)
C. Land - Consent Items
1. M&C L-15802 - Authorize Acquisition of a Fee Simple Interest in a Total of 0.351
Acres of Land Described as Charles C. Whyte Survey, Abstract No. 1611, Tract
21311, Located at 8494 Old Denton Road, Charles C. Whyte Survey, Abstract No.
1611, Tract 21314, Located at 8300 Old Denton Road, and Charles C. Whyte
Survey, Abstract No. 1611, Tract 21113, Located at 8280 Old Denton Road for
Right-of-Way from Various Landowners in the Amount of $88,970.00, Pav
Estimated Closing Costs in the Amount of$7,000.00 for a Total Cost of$95,970.00
for the North Riverside Drive, North Tarrant Parkway to Old Denton Road,
Proiect No. 02272 (2014 BOND PROGRAM) (COUNCIL DISTRICT 21
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18,2015
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E. Award of Contract- Consent Items
1. M&C C-27417 - Authorize Execution of a Fair Housing Assistance Program
Cooperative Agreement Through the Fort Worth Human Relations Commission
with the United States Department of Housing and Urban Development for Fiscal
Year 2016, Authorize Acceptance of Funds in the Amount Up to $690,000.00 and
Adopt Appropriation Ordinance No. 21834-08-2015 (ALL COUNCIL
DISTRICTS)
2. M&C C-27418 - Authorize Execution of an Engineering Services Agreement with
Freese and Nichols, Inc., in the Amount of $204,190.00 for the Preparation of
Engineering Documents for the Construction of the Six Points Urban Village Phase
II Improvements Along Race Street from Grace Avenue to Oakhurst Scenic Drive
and Along Sylvania Avenue from 150 Feet North of Race Street to the State
Highway 121 Frontage Road (2014 BOND PROGRAM) (COUNCIL DISTRICT 9)
3. M&C C-2741.9 - Authorize Execution of a Contract with Arreguin Group, Inc., in
the Amount of $458,404.15 for the Construction of Approximately 47,387 Square
Feet of Concrete Sidewalk and 46 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 $628,005.20
(2014 BOND PROGRAM) (COUNCIL DISTRICTS 5 and 8)
4. M&C C-27420 - Authorize Application for a Grant from the Federal Emergency
Management Agency in the Amount of$528,800.00 for the Cooperating Technical
Partners Program to Manage Floodplain Boundaries with a Cash Match in the
Amount Up to $180,000.00 for a Total Amount of $708,800.00 (ALL COUNCIL
DISTRICTS)
5. M&C C-27421 - Authorize Execution of Amendment No. 1 to City Secretary
Contract No. 45912, an Intergovernmental Cooperative Reimbursement
Agreement with the Texas Commission on Environmental Quality for the
Operation of Local Air Pollution Particulate Emission Monitoring Sites in the
Amount of$36,101.67 for a Total Contract Amount of$72,203.34, Apply Indirect
Costs at Approved Percentage Rate and Adopt Appropriation Ordinance
No. 21835-08-2015 (COUNCIL DISTRICT 2)
6. M&C C-27422 - Authorize Execution of Interlocal Agreements with Tarrant
County and the Cities of Benbrook, White Settlement, Kennedale, Edgecliff
Village, Pantego, Dalworthington Gardens and Blue Mound for the Purpose of
Providing Limited Animal and Rabies Control Services and Rabies Specimen
Shipments During Fiscal Year 2015 with Renewal Options (ALL COUNCIL
DISTRICTS)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18,2015
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7. M&C C-27423 - Authorize Execution of a Construction Contract with Northstar
Construction, LLC, in the Amount of $885,040.00 for the Construction of Park
Improvements at Mallard Cove Park, Creekside Park, Ouail Ridge Park,
Lincolnshire Park and Shackleford Park and Provide for Staff Costs and
Contingencies in the Amount of$109,355.47 for a Total Proiect Construction Phase
Cost of $994,395.47 and Adopt Appropriation Ordinance No. 21836-08-2015
Increasing Estimated Receipts and Appropriations in the Park Gas Lease Capital
Proiect Fund (2014 BOND PROGRAM) (COUNCIL DISTRICTS 5, 6 and 8)
8. M&C C-27424 -Authorize Application for and Acceptance of, if Awarded, a Grant
from the United Way of Tarrant County in the Amount Up to $250,000.00 for the
Volunteer Income Tax Assistance Program, Authorize Execution of Agreement
with the United Way of Tarrant County, Authorize Allocation of a Portion of
Assigned Staff Time Valued in the Amount Up to $25,000.00 as an In-Kind Match
and Adopt Appropriation Ordinance No. 21837-08-2015 (ALL COUNCIL
DISTRICTS)
VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS
1. OCS - 1964 -Notice of Claims for Alleged Damages and/or Iniuries
End of Consent Agenda.
A. General- Consent Items Removed from Consent Agenda
2. M&C G-18530 - Adopt Reserve Policy for All Enterprise Funds and Amended
Glossary as Attachments to the Previously Adopted Financial Management Policy
Statements (ALL COUNCIL DISTRICTS)
Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Espino, that
Mayor and Council Communication G-18530 be approved as amended. The motion
carried unanimously 9 ayes to 0 nays.
IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
There were no special presentation, introductions, etc.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
L 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.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18,2015
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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 in membership on boards and commissions.
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. ORDINANCES
City Secretary Kayser read the caption of each ordinance in its entirety and advised that Council
action was not necessary at this time and the items would remain open until adoption of the
budget and tax rate ordinances.
1. An Ordinance Setting Forth an Itemized Estimate of the Expense of Conducting
Each Department, Division, and Office of the Municipal Government of the City of
Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2015, and Ending
September 30, 2016, and Appropriating Money for the Various Funds and
Purposes of Such Estimate, Including an Appropriation of Money to Pay Interest
and Principal Sinking Fund Requirement on Outstanding General Indebtedness;
and Authorizing the Director of Financial Management Services Department/Chief
Financial Officer to Make Certain Transfers and Allocations Up to Budgeted
Amounts; and Ratifying City Council Approved Appropriation Ordinances
Effecting This Budget; and Incorporating the Budget on File with the City
Secretary as Revised by City Council; and Prohibiting the Expending, Obligating,
or Committing of Funds in Excess of Appropriations or Actual Available
Resources; and Establishing a Leeal Level of Control; and Providing for Public
Hearings on This Ordinance Before the Entire City Council Sitting as a Committee
of the Whole; and Providing a Severability Clause; and Providing a Savings
Clause; and Providing for the Repeal of All Ordinances and Appropriations in
Conflict with the Provisions of This Ordinance; and Providing for the Publication
and Final Passage Thereof
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2015
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2. An Ordinance Providing for the Lew and Collection of an Annual Ad Valorem
Tax on All Property, Real, Personal and Mixed, Situated Within the Territorial
Limits of the City of Fort Worth, Texas, and All Personal Property Owned in Said
City of Fort Worth, Texas, on the First Day of January, A.D. 2015, Except Such
Property as May be Exempt from Taxation by the Constitution and Laws of the
State of Texas; and Providing for a Penalty; and Providing a Severability Clause;
and Providing a Savings Clause for the Repeal of All Ordinances in Conflict with
the Provisions of This Ordinance; and Providing for the Publication and Final
Passage Thereof
XIV. PUBLIC HEARING
1. Hearing on Proposed Fiscal Year 2015-2016 Appropriation Ordinance and Ad
Valorem Tax Lew Ordinance
Mayor Price opened the public hearing.
a. Report of City Staff
Mr. Aaron Bovos, Financial Management Services Department, appeared before Council and
provided a staff report.
b. Citizen Comments
There were no citizen comments.
C. Council Action
Motion: Council Member Shingleton made a motion, seconded by Council Member Jordan,
that the public hearing be closed. The motion carried unanimously 9 ayes to 0 nays.
XV. REPORT OF THE CITY MANAGER
B. General
1. M&C G-18536 - Adopt Temporary Ordinance Establishing a Clean Zone
Restricting Certain Activities in and Around Sundance Square Plaza and Along
Main Street North to the Tarrant County Courthouse Effective from 12:01 a.m.,
September 4, 2015, Until 12:00 Noon, September 5, 2015, in Conjunction with
ESPN College Game Day Event Broadcasts (ALL COUNCIL DISTRICTS)
Mayor Price advised that she would abstain from voting on this issue, and asked Mayor Pro tem
Espino to temporarily preside for Mayor and Council Communication G-18536.
Motion: Council Member Shingleton made a motion, seconded by Council Member
Zimmerman, that Mayor and Council Communication G-18536 be approved and
Ordinance No. 21838-08-2015 be adopted. The motion carried unanimously 8 ayes
to 0 nays,with 1 abstention by Mayor Price.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2015
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(Mayor Price resumed presiding at the meeting.)
2. M&C G-18537 - Adopt Ordinance Amending Division 5 of Article VII of Chapter
2 of the City's Code of Ethics to Provide Consistency with State Law Regarding the
Filing and Content of Personal Financial Statements Required by Appointed and
Other City Employees (ALL COUNCIL DISTRICTS)
It was the consensus of the City Council that Mayor and Council Communication G-18537 be
continued to the August 25, 2015, Council meeting.
F. Award of Contract
1. M&C C-27425 - Authorize Execution of an Infrastructure Construction
Agreement with D.R. Horton - Texas, Ltd., in an Amount Not to Exceed
$6,928,910.99 for Construction of Basswood Boulevard and Street Improvements
from Cloudcroft Lane to Horseman Road and Robert Downing Road South of
Basswood Boulevard to Lou Menk Drive, Provide for Materials Testing and
Inspection Costs for a Total Project Amount of $7,260,710.99 and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 2)
Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton,
that Mayor and Council Communication C-27425 be approved with appreciation
and Appropriation Ordinance No. 21839-08-2015 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
2. M&C C-27426 - Rescind Award of Contract to CD Builders, Inc., in the Amount
of $444,042.00 for the Lower Como Creek Erosion Control Improvements
Authorized by Mayor and Council Communication C-27130 (COUNCIL
DISTRICT 3)
Motion: Council Member Zimmerman made a motion, seconded by Council Member Allen
Gray, that Mayor and Council Communication C-27426 be approved. The motion
carried unanimously 9 ayes to 0 nays.
XVI. ZONING HEARING
The Notice of Special Hearing set today as the date for the hearing in connection with
recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the
hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper
of the City of Fort Worth, on July 30, 2015.
Mayor Price opened the public hearing.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18,2015
Page 9 of 10
1. ZC-15-073 - (CD 6) - Tarrant Regional Water District, 5699 and 6001 Columbus
Trail; from: "C" Medium Density Multifamily, "E" Neighborhood Commercial
and "G" Intensive Commercial to: "PD/G" Planned Development for all uses in
"G" Intensive Commercial Plus a Maximum 140 ft. Communications Tower and
Equipment for Water Transmission Line; Site Plan Included. (Recommended for
Approval as Amended by the Zoning Commission for a 140 ft. tower)
Mr. Hal Ray, 500 West 7t' Street, Suite 600, completed a speaker card in support of Zoning
Docket ZC-15-073 and was recognized by Mayor Price but did not wish to address Council.
Motion: Council Member Jordan made a motion, seconded by Council Member Bivens,
that Zoning Docket ZC-15-073 be continued to the September 1, 2015, Council
meeting. The motion carried unanimously 9 ayes to 0 nays.
The City Council, at its meeting of August 4, 2015, continued Zoning Docket ZC-15-081:
2. ZC-15-081 - (CD 2) - Ema Garcia, 106 W. Long Avenue; from: "A-5" One-Family
to: "ER" Neighborhood Commercial Restricted (Recommended for Approval as
Amended by the Zoning Commission to "ER" Neighborhood Commercial
Restricted) (Continued from a Previous Meeting)
Motion: Mayor Pro tem Espino made a motion, seconded by Council Member Shingleton,
that Zoning Docket ZC-15-081 be approved. The motion carried unanimously 9
ayes to 0 nays.
3. ZC-15-108 - (CD 9) - Village Homes LP/Linwood Park Redevelopment Ltd., 2850,
2854, 2901 Wingate and 201, 211, 213, 225, 229, 300 Wimberly; from: "B" Two-
Family to: "UR" Urban Residential (Recommended for Approval by the Zoning
Commission)
Ms. Mary Poole, 2918 Wingate, Suite 100, completed a speaker card in support of Zoning
Docket ZC-15-108 and was recognized by Mayor Price but did not wish to address Council.
Motion: Council Member Zadeh made a motion, seconded by Council Member
Zimmerman, that Zoning Docket ZC-15-108 be approved. The motion carried
unanimously 9 ayes to 0 nays.
4. ZC-15-109 - (CD 9) - William H Carrell, 321 and 403 Templeton Drive; from: "B"
Two-Family to: "UR" Urban Residential (Recommended for Approval by the
Zoning Commission)
Motion: Council Member Zadeh made a motion, seconded by Council Member
Zimmerman, that Zoning Docket ZC-15-109 be approved. The motion carried
unanimously 9 ayes to 0 nays.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
AUGUST 18, 2015
Page 10 of 10
5. SP-15-009 - (CD 3) - Fort Worth Country Day School, 4200 Country Day Lane;
from: PD552 Planned Development/Specific Use for"E" Neighborhood commercial
uses plus health and recreation club, colleges, university excluding ry park, boat
rental or sales, cold storage plant or ice plant, liquor or package store, pawn shop,
tattoo parlor, taxidermist shop and vendor transient, door to door; site plan
required to: Amend Site Plan for PD552 to move buildings and add Field House
and Gymnasium (Recommended for Approval by the Zoning Commission)
Mr. Michael Bennett, 500 West Seventh, appeared before Council in support of Site Plan
SP-15-009.
Motion: Council Member Zimmerman made a motion, seconded by Council Member Allen
Gray, that Site Plan SP-15-009 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 Zoning Ordinance No. 13896 for the above-listed cases,
Council Member Zimmerman made a motion, seconded by Council Member Allen Gray, that the
hearing be closed and Ordinance No. 21840-08-2015 be adopted. The motion carried
unanimously 9 ayes to 0 nays.
XVII. CITIZEN PRESENTATIONS
Ms. Dianna Wilson, 5816 Village Course Circle #326, appeared before Council relative to the
relocation of citizens and apartment complex pool cleanliness.
Mr. Dominique Alexander, representing Next Generation Action Network, 2512 East Overton
Road, Dallas, Texas, appeared before Council relative to Police Brutality—All Lives Matters.
Mr. Jacob Thomas, 759 Annette Drive, appeared before Council relative to expanding Chapel
Creek Boulevard.
XVIII. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) - SEE ATTACHMENT B
XIX. ADJOURNMENT
There being no further business, Mayor Price adjourned the Regular meeting at 7:42 p.m.
These minutes approved by the Fort Worth City Council on the 25h day of August, 2015.
Attest: proved:
Mary J. K s ets rice
City Secret Mayor