HomeMy WebLinkAbout2015/11/03-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 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 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
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 10:01 a.m. on Tuesday, November 3, 2015, in the City
Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas.
II. INVOCATION - Pastor Kenneth Jones, Jr., Como First Missionary Baptist Church
The invocation was provided by Pastor Kenneth Jones, Jr., Como First Missionary Baptist
Church.
III. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
IV. CONSIDERATION OF MINUTES OF THE REGULAR MEETING OF
OCTOBER 27,2015
Motion: Council Member Jordan made a motion, seconded by Council Member
Zimmerman, that the minutes of the Regular meeting of October 27, 2015, be
approved. Motion passed 8-0, Council Member Allen Gray absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2015
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V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
City Manager Cooke requested that Mayor and Council Communication P-11805 be withdrawn
from the Consent Agenda for individual consideration.
VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
City Manager Cooke requested that Mayor and Council Communication C-27520 be continued
to a future Council meeting.
VII. CONSENT AGENDA
Motion: Council Member Bivens made a motion, seconded by Council Member
Shingleton, that the Consent Agenda be approved as amended. Motion passed 8-0,
Council Member Allen Gray absent.
A. General- Consent Items
1. M&C G-18597 - Authorize Transfer of Funds in the Amount of$485,358.38 Among
Various Accounts and Adopt Appropriation Ordinance No. 21955-11-2015 to Make
Technical Corrections Related to the Trinity River Vision Bridge Projects,
Consistent with the City's Limitation of $26.6 Million on Expenditures for the
Trinity River Vision (COUNCIL DISTRICTS 2 and 9)
2. M&C G-18598 - Adopt Resolution No. 4530-11-2015 Nominating the United Parcel
Service, Inc., Distribution Facility Located at 13700 Independence Parkway as an
Enterprise Project, Pursuant to the Texas Enterprise Zone Act, Chapter 2303 of the
Texas Government Code (COUNCIL DISTRICT 7)
3. M&C G-18599 - Approve Findings of the Ground Transportation Coordinator
Regarding the Application of Abby Tessema Ilala d/b/a Pride Transportation Inc.,
to Operate Three Limousines Within the City of Fort Worth and Authorize
Issuance of a Vehicle for Hire Operating License (ALL COUNCIL DISTRICTS)
4. M&C G-18600 - Adopt Revised Resolution No. 4531-11-2015 Modifying the Grant
Project for the Fiscal Year 2016 State Justice Assistance Grant from the State of
Texas, Office of the Governor, Criminal Justice Division (ALL COUNCIL
DISTRICTS)
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2015
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B. Purchase of Equipment, Materials, and Services - Consent Items
1. M&C P-11803 - Authorize Contract with AllWorld Language Consultants, Inc., in
a Combined Amount Up to $320,000.00 for the First Year to Provide Translation
Services and Editing of Publications in Specified Languages for City Departments
(ALL COUNCIL DISTRICTS)
2. M&C P-11804 - Authorize Non-Exclusive Purchase Agreements for Jet-Vac and
Vacuum Tanker Truck Waste Pumping for the Water Department with Progressive
Environmental Services, Inc. d/b/a SWS Environmental Services, Ace Pipe
Cleaning, Inc., and Hoffman Southwest Corp. d/b/a Professional Pipe Service, for a
Combined Amount Up to $75,000.00 for the First Year (ALL COUNCIL
DISTRICTS)
C. Land - Consent Items
1. M&C L-15820 - Authorize Acquisition of Fee Simple Interest in Approximately
67.39 Acres of Land Described as Shelby County School Land Survey, Abstract
No. 1375, Located at the Northeast Corner of Oak Grove Road and Oak Grove
Shelby Road from PlainsCapital Bank for a Community Park in the Amount of
$593,912.00, Pay Estimated Closing Cost Up to $10,000.00 for a Total Cost of
$603,912.00 and Dedicate Property as Parkland Upon Conveyance as Oak Grove
Park(COUNCIL DISTRICT 8)
2. M&C L-15821 - Authorize Direct Sale of a Tax-Foreclosed Property Described as
Lot 14 Less Right-of-Way, Fort Worth Stockyards Company, Located at 1208 NW
23rd Street for a Total Sales Price of $12,666.00 to Burlington Northern Santa Fe
Railway Company, in Accordance with Section 34.05 of the Texas Property Tax
Code (COUNCIL DISTRICTS 2 and 9)
D. Planning & Zoning - Consent Items
1. M&C PZ-3092 - Adopt Ordinance No. 21956-11-2015 Vacating and Extinguishing a
Portion of Rutledge Street Situated in the W.B. Connor Survey, Abstract No. 288,
City of Fort Worth, Tarrant County, Texas, to be Replatted by Witcher Properties
and Nancy Newbern with the Adjoining Commercial Developments for Additional
Parking (COUNCIL DISTRICT 9)
2. M&C PZ-3093 - Adopt Ordinance No. 21957-11-2015 Vacating and Extinguishing a
Portion of Valley Vista Drive Situated in the William Anderson Survey, Abstract
No. 22, City of Fort Worth, Tarrant County, Texas, to be Replatted by Valley Vista
Realty Equities, LP, with the Adjoining Multi-Family Development for Additional
Parking (COUNCIL DISTRICT 5)
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3,2015
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3. M&C PZ-3094 - Adopt Ordinance No. 21958-11-2015 Vacating and Extinguishing a
Portion of Park Vista Boulevard Situated in the J.L. Hansbrough Survey, Abstract
No. 747, City of Fort Worth, Tarrant County, Texas, to be Replatted by D.R.
Horton-Texas,LTD,with the Adjoining Residential Lots (COUNCIL DISTRICT 7)
E. Award of Contract- Consent Items
1. M&C C-27518 - Authorize Application for and Acceptance of, if Awarded, a Grant
from the Texas Department of Transportation in the Amount of $500,000.00 for
Partial Reimbursement of Design of the Meacham Administration Building at Fort
Worth Meacham International Airport, Adopt Resolution No. 4532-11-2015
Providing for Same and Adopt Appropriation Ordinance No. 21959-11-2015
(COUNCIL DISTRICT 2)
2. M&C C-27519 - Authorize Execution of an Engineering Services Contract with
Kimley-Horn and Associates, Inc., in the Amount of $93,700.00 for the Design of
Park Improvements at McLeland Tennis Center and Rosemont Park and Provide
for Design Phase Administrative Costs in the Amount of $14,200.00 for a Total
Anticipated Project Design Phase Cost of $107,900.00 (2014 BOND PROGRAM)
(COUNCIL DISTRICT 9)
VIII. PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS
1. Notice of Claims for Alleged Damages and/or Injuries
End of Consent Agenda.
B. Purchase of Equipment, Materials, and Services - Consent Items Removed from
Consent Ay-enda
3. M&C P-11805 - Authorize Agreements with Yamaha Motor Corporation, U.S.A.
for Lease of Golf, Utility and Beverage Carts and Authorize Agreement with
Yamaha Golf-Car Company for Service of Leased Vehicles for the Park and
Recreation Department with a Combined Annual Amount Up to $141,149.00
Annually, Using a Cooperative Contract(ALL COUNCIL DISTRICTS)
Mr. Joe Jarrell, 1720 Wilson Road, appeared before Council in opposition to Mayor and Council
Communication P-11805.
Motion: Council Member Zimmerman made a motion, seconded by Council Member
Shingleton, that Mayor and Council Communication P-11805 be approved.
Motion passed 8-0, Council Member Allen Gray absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2015
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IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Special Presentation by the American Kennel Club
Ms. Mary Lou Mayer, President of the Fort Worth Kennel Club, presented the keys to a pet
disaster relief trailer truck from the American Kennel Club and the Fort Worth Kennel Club to
Council Member Bivens and Mr. Brandon Bennett, Code Compliance Department.
City Secretary Kayser advised that Mayor and Council Communication G-18602 was a donation
and would be moved up on the agenda.
2. M&C G-18602 - Authorize Acceptance of a Monetary Donation From the Ridglea
Hills Neighborhood Association in the Amount of $13,000.00 and the River Park
Place Homeowners Association, Inc., in the Amount of $10,000.00 for Park
Improvements at Ridglea Hills Park and River Park, Respectively, 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-18602 be approved and
Appropriation Ordinance No. 21960-11-2015 be adopted. Motion passed 8-0,
Council Member Allen Gray absent.
Council Member Zimmerman presented Certificates of Recognition to Mr. Matt Allen, President,
Ms. Julia Miers, Treasurer, and Mr. Chris Holbert of the Ridglea Hills Neighborhood
Association, and Mr. Rick Kubes, River Park Place Neighborhood Association.
X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
1. Upcoming and Recent Events
Mayor Price and Council Members Zimmerman, Moon, Bivens, Shingleton 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.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2015
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XI. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
Motion: Mayor Pro tem Espino made a motion, seconded by Council Member
Zimmerman, that Mr. J.R. Martinez be reappointed to Place 1 on the Board of
Adjustment - Residential, effective November 3, 2015, and with a term expiring
October 1, 2017. Motion passed 8-0, Council Member Allen Gray 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. REPORT OF THE CITY MANAGER
B. General
1. M&C G-18601 - Authorize Transfers for the Multi-Purpose Arena Project Among
the Culture and Tourism Fund, Culture and Tourism Capital Projects Fund,
Culture and Tourism Legacy Capital Projects Fund and Culture and Tourism Debt
Service Fund and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7)
Mayor Price advised that she filed a Conflict of Interest Affidavit with the City Secretary's
Office and would abstain from voting on this issue. She asked Mayor Pro tem Espino to
temporarily preside for Mayor and Council Communication G-18601.
Motion: Council Member Shingleton made a motion, seconded by Council Member
Zimmerman, that Mayor and Council Communication G-18601 be approved and
Appropriation Ordinance Nos. 21961-11-2015 and 21962-11-2015 be adopted.
Motion passed 7-0, Mayor Price abstained, Council Member Allen Gray absent.
(Mayor Price resumed presiding at the meeting.)
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2015
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D. Land
1. M&C L-15771 - Consider Institution and Adoption of Ordinance for the Owner-
Initiated Annexation of Approximately 468.04 Acres of Land in Tarrant County,
Out of the John F. Heath Survey, Abstract No. 641, Tarrant County, Texas, Located
South of Altamesa Boulevard and West of the Fort Worth and Western Railroad
(COUNCIL DISTRICT 6) (Continued from a Previous Meeting)
Mr. Tom Galbreath, 550 Bailey Avenue, Suite 400, appeared before Council in support of Mayor
and Council Communication L-15771.
Motion: Council Member Jordan made a motion, seconded by Council Member Bivens,
that Mayor and Council Communication L-15771 be approved and Ordinance
No. 21963-11-2015 be adopted. Motion passed 8-0, Council Member Allen Gray
absent.
City Secretary Kayser advised that Zoning Docket ZC-14-147 was a companion of Mayor and
Council Communication L-15771 and would be moved up on the Council Agenda.
XIV. ZONING HEARING
Mayor Price opened the public hearing.
The City Council, at its meeting of September 1, 2015, continued Zoning Docket ZC-14-147:
1. ZC-14-147 - (CD 6) - AM Pate, Jr. et al, 6500-6800 Block Dirks Road/Altamesa
Boulevard; from: Unzoned to: "A-5" One-Family, "MU-2" High Intensity Mixed-
Use, "PD/G" Planned Development for all uses in "G" Intensive Commercial with
exclusions and development standards to height and commercial lighting adjacent
to residential and "PD/MU-2" Planned Development for all uses in "MU-2" High
Intensity Mixed-Use with exclusions; site plan waiver recommended.
(Recommended for Approval as Amended by the Zoning Commission to PD/G and
PD/MU-2, tracts 1, 2, 3) (Continued from a Previous Meeting)
Mr. Tom Galbreath, 550 Bailey Avenue, Suite 400, appeared before Council in support of
Zoning Docket ZC-14-147.
Motion: Council Member Jordan made a motion, seconded by Council Member Bivens,
that Zoning Docket ZC-14-147 be approved with Tract IA, 1B, Tract 2 and Tract
3 site plan required. Motion passed 8-0, Council Member Allen Gray absent.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3,2015
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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 case,
Council Member Jordan made a motion, seconded by Council Member Bivens, that the hearing
be closed and Ordinance No. 21964-11-2015 be adopted. Motion passed 8-0, Council Member
Allen Gray absent.
2. M&C L-15822 - Adopt Resolution Authorizing Condemnation by Eminent Domain
for a Fee Simple Interest in 0.006 Acres of Land Described as Remainder of Block
52, South Hemphill Heights Addition, Tarrant County, Texas, Owned by Reba
Capps, Mattie Mae Anderson and H.G. Lucas, Located on South Jennings Avenue
for the Victory Forest Recreation Center Project (COUNCIL DISTRICT 9)
Motion: Council Member Zadeh made a motion, seconded by Council Member Bivens,
that Mayor and Council Communication L-15822 be approved and that the Fort
Worth City Council adopt Resolution No. 4533-11-2015 authorizing use of the
power of eminent domain to acquire a fee simple interest in 0.006 acres of land
from owners Reba Capps, Mattie Mae Anderson, and H.G. Lucas for the Victory
Forest Community Center Project. The tract of land is located on South Jennings
Avenue in the remainder of Block 52, South Hemphill Heights Addition, Tarrant
County, Texas. The fee simple interest to be acquired is described by the metes
and bounds and depicted by the survey exhibit attached to this Mayor and Council
Communication. Motion passed 8-0, Council Member Allen Gray absent.
3. M&C L-15823 - Conduct a Public Hearing and Authorize Use of a Portion of
Forest Park Located at 1500-2000 Colonial Parkway, for an Electric Utility
Easement for Lines and Equipment to Service Forest Park and the Fort Worth Zoo
and Authorize Easement to Oncor Electric Delivery Company, LLC, for Electrical
Equipment and Appurtenances on a Total of .42 Acres at Forest Park (COUNCIL
DISTRICT 9) (PUBLIC HEARING)
Mayor Price opened the public hearing.
a. Report of City Staff
Mr. David Creek, Park and Recreation Department, appeared before Council and provided a staff
report.
b. Citizen Presentations
Mr. Michael Fouraker, Fort Worth Zoo, completed an undecided speaker card relative to Mayor
and Council Communication L-15823 and was recognized by Mayor Price but did not wish to
address Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3, 2015
Page 9 of 10
C. Council Action
Motion: Council Member Zadeh made a motion, seconded by Council Member
Zimmerman, that the public hearing be closed and Mayor and Council
Communication L-15823 be approved. Motion passed 8-0, Council Member Allen
Gray absent.
4. M&C L-15824 - Conduct a Public Hearing and Authorize Use of a Portion of
Marine Creek Ranch Park Located at 5101 Cromwell-Marine Creek Road, for the
Purpose of Installing Sanitary Sewer and Storm Drainage Infrastructure
Improvements in Marine Creek Ranch Park and Authorize Execution of a Thirty-
Day Temporary Access Permit and Workspace License Agreement with M&C
Development, LTD, in Exchange for an Access Easement to Help Facilitate Trail
Connectivity to the Marine Creek Lake Trail System (COUNCIL DISTRICT 2)
(PUBLIC HEARING)
Mayor Price opened the public hearing.
a. Report of City Staff
Mr. David Creek, Park and Recreation 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 L-15824
be approved. Motion passed 8-0, Council Member Allen Gray absent.
F. Award of Contract
1. M&C C-27520 - Authorize Agreement with Zayo Group, LLC, for the Leasing of
Dark Fiber Optic Strands and Related Services for the City of Fort Worth Network,
Using a Cooperative Contract for an Amount Up to $15,641,064.00 for a Period Up
to Thirteen Years with a First Year Cost Up to $367,842.00 (ALL COUNCIL
DISTRICTS)
It was the consensus of the City Council that Mayor and Council Communication C-27520 be
continued to a future Council meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 3,2015
Page 10 of 10
2. M&C C-27521 - Authorize Execution of Amendment to the Merchant Card
Processing Service Agreement with Chase Paymentech Used for All City
Departments, Ratify Expenditures in the Amount of $440,000.00 and Authorize
Increase of Contract in the Amount of $500,000.00 for a Contract Total of
$2,290,000.00 (ALL COUNCIL DISTRICTS)
Council Members Zimmerman, Moon, Jordan and Zadeh stated that they had a normal banking
relationship with JPMorgan Chase Bank, N.A., but that it was not a conflict with Mayor and
Council Communication C-27521.
Motion: Council Member Shingleton made a motion, seconded by Council Member Bivens,
that Mayor and Council Communication C-27521 be approved. Motion passed 8-0,
Council Member Allen Gray absent.
XV. CITIZEN PRESENTATIONS
Mr. Frank Garner, 6312 Eagles Rest Drive, appeared before Council relative to a mistrial and
requested that jury members and witnesses be placed in separate locations.
Mayor Pro tem Espino directed Mr. Garner to meet with Assistant City Manager Valerie
Washington after the meeting.
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 10th day of November, 2015.
Attest: Appr
01
Mary J. K etsy ce
City Secre Mayor