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HomeMy WebLinkAbout2002/01/22-Minutes-City Council CITY COUNCIL MEETING JANUARY 22, 2002 Date & Time On the 22nd day of January, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:23 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Larry Adkisson, Metropolitan Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of January 15, 2002, were approved unanimously. Special Council Member Silcox introduced Evan Randall from Boy Scout Presentations Troop 1136, Brazos River Valley, and his mother Margaret Randall. Mr. Randall was attending the Council meeting working on his Citizenship in the Community badge. Mr. Silcox presented both of them with a City pin. Council Member Davis introduced Jake Hoekenga from Boy Scout Troop 52 who was also attending the meeting working on his Citizenship in the Community badge. Ms. Davis presented Mr. Hoekenga with a City pin. Announcements Council Member Lane encouraged the viewing and listening audience to visit the Texas Cowboy Hall of Fame and stated that it was a magnificent building. He stated that it was located on Exchange Avenue across from the Exchange building. Council Member Silcox echoed Mr. Lane's comments and added that the museum was a fantastic place and the City should be proud. Council Member Davis expressed condolences from the City to Mayor Barr and Mrs. Barr at the loss of her father last week. Council Member Haskin expressed condolences from the City to Council Member Moss and Mrs. Moss at the loss of her mother this past weekend. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 2 of 17 Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. G-13493 and C-18931 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Davis, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the following persons be appointed to the Downtown Design Review Board, effective January 22, 2002: Place 1: Mr. J. D. Granger, representing Property Owners, with a term to expire October 1, 2003; Place 2: Mr. Raymond O'Connor, representing Design Professionals, with a term to expire October 1, 2004; Place 4: Mr. Ames Fender (Alternate), representing Design Professionals, with a term to expire October 1, 2004; Place 5: Mr. J. Searcy (Alternate), representing Real Estate Professionals, with a term to expire October 1, 2003. The motion carried unanimously. OCS-1261 There was presented Mayor and Council Communication No. OCS- Res. No. 2798 1261 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2798 setting the regular zoning Zoning Hearing hearing for February 12, 2002. Mayor Pro tempore McCloud made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. OCS-1262 There was presented Mayor and Council Communication No. OCS- Claims 1262 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance Department. It was the consensus of the City Council that the recommendation be adopted. G-13490 There was presented Mayor and Council Communication No. G- Continued for 13490, dated January 15, 2002, from the City Manager One Week recommending that the City Council adopt an ordinance amending the Fort Worth Fire Code, being Ordinance No. 14652, which incorporated the 2000 International Fire Code with appendices, to CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 3 of 17 amend Subsection 3406.3.1.3, "Buildings", of Section 3406.3, "Well Drilling and Operating" to prohibit an oil or gas well to be drilled within 300 feet of a building; to amend Subsection 3406.3.1.3.2, "Existing Wells" of Section 3406.3, "Well Drilling and Operating" to require that all buildings be set back 300 feet from any existing oil or gas well; to add a new Subsection, 3406.3.1.3.3 "Reduction in Building Distances" to Section 3406.3, "Well Drilling and Operating" to allow the City Council to reduce the distances required for separation of wells and buildings. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council representing Sendera Ranch Development and the Bond Brothers, and expressed opposition to the ordinance. He stated that prohibiting the building of residential, community, or retail structures within 300 feet of a well or a potential drill site was a notification issue, not a safety issue. He added that this ordinance would create an undue hardship on his clients and would have serious development and economic impact on the City. He asked that Council seriously reconsider adopting the ordinance. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 13490 be continued one week and that the ordinance include language that the property owner be required to notify the buyer of any property located within 300 feet of a well or the potential for refracting or drill work being performed on an existing well. The motion carried unanimously. G-13493 Mayor Barr stated that Mayor and Council Communication No. G- Delayed Until 13493, Authorization to Increase in the Maximum Amount to be After Executive Paid to Mike Heiskell to Represent Police Officer David Stefanos in Session the Lawsuit of Luis T. Hernandez et al vs. City of Fort Worth et al, Civil Action No. 4:99-CV-318-Y, would be delayed until after Executive Session. G-13494 There was presented Mayor and Council Communication No. G- Ord. #14933 13494 from the City Manager recommending that the City Council Amend Code adopt Ordinance No. 14933 amending Sec. 7-47, "Amendments" of Concerning Article III, "Building Code" of Chapter 7, "Building" of the Code of Certificates of the City of Fort Worth (1986), as amended, by adding Section Occupancy 107.2.6 outlining the requirements for a Vendor Certificate of Occupancy; amending Table No. 1-B to add a new fee for a Vendor Certificate of Occupancy. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 4 of 17 G-13495 There was presented Mayor and Council Communication No. G- Ord. #14934 13495 from the City Manager recommending that the City Council Eliminate Risk adopt Ordinance No. 14934 amending Chapters 2, 12.5, 20 and 34 Management of the Code of the City of Fort Worth, eliminating the Risk Department and Management Department and the transferring of its responsibilities Transfer to the Risk Management Division of Finance and the Occupational Responsibilities Health and Safety Division of Human Resources; repealing Chapter to Risk 2, Article IV, Division 6 in it entirety; recognizing that the Risk Management Management Division of Finance will now be the reviewing agency Division of for insurance requirements and approvals. Council Member Silcox Finance Dept. made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. G-13496 There was presented Mayor and Council Communication No. G- Ord. #14935 13496 from the City Manager recommending that the City Council: Agreement with Trinity Railway 1. Adopt Ordinance No. 14935 of the City of Fort Worth, Texas, Express for amending the Code of Ordinances by amending Chapter 22, Railroad Quiet "Motor Vehicles and Traffic", by adding a new Article XII, Zone regulating railroad locomotive horns within the City limits; and 2. Authorize the City Manager to execute an agreement with the Trinity Railway Express (TRE) for the installation, operation, and maintenance of quiet zones at the THE grade crossings on 7t" Street and 8t" Street. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13497 There was presented Mayor and Council Communication No. G- FY2001-2002 13497 from the City Manager recommending that the City Council Mid-Year Budget authorize the City Manager to submit a FY2001-2002 mid-year Adjustment budget adjustment request to the Crime Control and Prevention Request to District (CCPD) Board in the amount of $605,740.00 to fund the new CCPD Board contract rate for jail services with the City of Mansfield. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 5 of 17 G-13498 There was presented Mayor and Council Communication No. G- Establish 13498 from the City Manager recommending that the City Council Military Pay authorize the City Manager to establish a Military Pay Supplement Supplement benefit and a "Military Leave Fund" for the military operation Benefit and entitled "Operation Enduring Freedom". Council Member Silcox "Military Leave made a motion, seconded by Mayor Pro tempore McCloud, that the Fund" recommendation be adopted. City Manager Jackson stated that the M&C was prepared based on Council direction to establish a program to fulfill a need and to establish it with a limited period of time. He and the City Attorney discussed this issue and to be certain of Council intent, recommended that the following phrase be added to the end of the Recommendation section on the M&C: "...for a limited time, from approval to December 31, 2002." Council Member Silcox amended his motion, and Mayor Pro tempore McCloud amended his second, to include the additional verbiage. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing regarding Tax Abatement Reinvestment Zone No. 40, City of Fort Worth, Texas. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Ardina Washington, representing Economic Development, appeared before Council, presented a staff report and called attention to Mayor and Council Communication No. G-13499, as follows: G-13499 There was presented Mayor and Council Communication No. G- Tax Abatement 13499 from the City Manager recommending that the City Council Reinvestment hold a public hearing regarding Tax Abatement Reinvestment Zone Zone No. 40 No. 40, City of Fort Worth, Texas in order to allow interested persons an opportunity to speak and present evidence for or against such a designation. There being no one else present desiring to be heard in connection with Tax Abatement Reinvestment Zone No. 40, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. G-13499 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 6 of 17 G-13500 There was presented Mayor and Council Communication No. G- Ord. #14936 13500 from the City Manager recommending that the City Council Establish adopt Ordinance No. 14936 amending Article IV, Chapter 2 Creation, Duties (Administration) of the Code of the City of Fort Worth (1986), as and amended, by adding Division 1-A thereof and entitling such Organization of Division 1-A as "Economic and Community Development Economic and Department"; providing for the creation and operation of an Community Economic and Community Development Department. Council Development Member Moss made a motion, seconded by Council Member Davis, Department that the recommendation be adopted. The motion carried unanimously. P-9527 There was presented Mayor and Council Communication No. P- Mowing and 9527, dated January 15, 2002, from the City Manager Clean-Up recommending that the City Council: Services 1. Authorize a non-exclusive purchase agreement with multiple vendors to provide mowing and clean-up services for City- owned properties for the Code Compliance Department, with payments due 30 days after the date of the invoice; and • Primary Vendor New Era Contract Services • Secondary Vendor Southern Sprinkler 2. Authorize these agreements to begin February 26, 2002, and expire February 25, 2003, with options to renew for two successive one-year periods. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted to include a provision that the Council has the opportunity to review the performance of the contractor before exercising any renewing options in the contract. The motion carried unanimously. P-9532 There was presented Mayor and Council Communication No. P- Aviation Fuel, 9532 from the City Manager recommending that the City Council: Lease of Fuel Dispensing 1. Authorize a purchase agreement with Avfuel Corporation for Trucks and aviation fuel, lease of fuel dispensing trucks and the Installation of installation of self-serve dispensing equipment for the Self-Serve Aviation Department based on the sole response, with Dispensing payment due 30 days from the date the invoice is received Equipment and the City will take ownership at its facilities with freight included in the cost of fuel; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 7 of 17 • Purchase of fuel, and installation of self-serve dispensing equipment based on Dallas Metro TX OPIS (Oil Price Information Service) Petro Scan Price Sheet, plus uplift fee of $0.05 per gallon for resale of fuel to aviation customers. • Lease one 2,200 gallon Jet A fuel dispensing truck at: $535.00 per month • Lease one 1,000 gallon 100 octane avgas dispensing truck at: $800.00 per month 2. Authorize this agreement to begin January 22, 2002, and expire on January 21, 2003, with options to renew for four successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9533 There was presented Mayor and Council Communication No. P- Damaged 9533 from the City Manager recommending that the City Council Vehicle authorize a purchase agreement with Like Services, Inc. for Appraisals damaged vehicle appraisals for the Equipment Services Department. This agreement will be awarded based on the sole bid of $75.00 per vehicle or piece of equipment up to one-ton, and $40.00 per hour for vehicles or piece of equipment exceeding one- ton, with payment due 30 days from the date of receipt of invoice; and authorize the agreement to begin January 22, 2002, and expire January 21, 2003, with options to renew for two successive one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9534 There was presented Mayor and Council Communication No. P- Body Shop 9534 from the City Manager recommending that the City Council Repairs authorize non-exclusive purchase agreements with multiple vendors for body shop repairs for the Equipment Services Department. These agreements will be awarded based on the bid of an hourly rate for body repair and painting and Dealer's list price less the quoted discount for parts and materials, with payment due 30 days from the date of receipt of invoice; and authorize these agreements to begin January 22, 2002, and expire January 21, 2003, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 8 of 17 P-9535 There was presented Mayor and Council Communication No. P- Engineering 9535 from the City Manager recommending that the City Council: Copier Supplies 1. Authorize a purchase agreement with multiple vendors for engineering copier supplies based on a low bid per category with shipping included in the unit cost for the Reprographics Division; and Vendor Item Nos. Metro Repro, Inc. 1 to 4 Archive Supplies, Inc. 5 to 14 2. Authorize this agreement to begin February 12, 2002, and expire February 11, 2003, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9536 There was presented Mayor and Council Communication No. P- Twenty 9536 from the City Manager recommending that the City Council Automated authorize a purchase agreement with Cardiac Science, Inc. for External twenty Automated External Defibrillators (AED) for the Public Defibrillators Health Department at a unit price of $2,020.00, based on the proposed offering the best value to the City. Freight is included in the cost and delivery shall be within 14 days from the date order. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. Council Member Picht expressed concern relative to how locations were selected and the number of AEDs to be placed at each location. He added that an additional unit needed to be placed in the Convention Center, as the one designated to be installed was insufficient for the amount of people who visit the center. Letha Aycock, representing the Health Department, stated that a committee made selections and quantities based on assessments from the American Heart Association, Transportation/Public Works, Fort Worth Fire Department, and other agencies. She added that a unit for the Convention Center was planned and would be installed upon completion of construction. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 9 of 17 Mayor Barr concurred with Council Member Picht and advised staff that a location for the designated AED at the Convention Center needed to be determined as soon as possible and the AED installed. He further stated that an addition of a twenty-first AED for the Convention Center needed to be reflected on the list and installed immediately upon completion of the southern end of the Convention Center. Council Member Haskin amended her motion, and Council Member Moss amended his second, to include the purchase of an additional AED unit to be placed at the southern end of the Convention Center as soon as construction is completed. The motion carried unanimously. L-13230 There was presented Mayor and Council Communication No. L- Acquisition of 13230 from the City Manager recommending that the City Council: One Single- Family 1. Authorize the acquisition of a single-family residence Residential (Parcel No. 623) described as Lot 5, Block 117 (3409 Clinton Property Avenue), M. G. Ellis Addition, Tarrant County, Texas, from Johnny P. and Linda Vasquez, for the Fort Worth Meacham International Airport Mitigation Program (DOE 3138); and 2. Find that the purchase price offered in the amount of $34,000.00 is just compensation; and 3. Authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13231 There was presented Mayor and Council Communication No. L- Two Permanent 13231 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as A 1673, F.B. Wickson Survey, Tarrant County, Texas, from West/Loop 820 Partners (DOE 3365), needed to maintain, construct and repair the sanitary sewer lines located west of West/Loop 820 and south of White Settlement Road, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. C-18916 There was presented Mayor and Council Communication No. C- The Ranches 18916, dated January 8, 2002, from the City Manager North, Ltd. recommending that the City Council authorize the City Manager to CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 10 of 17 execute a Community Facilities Agreement with The Ranches North, Ltd. for the installation of community facilities for Lost Creek Ranch North, Phase II. City Manager Jackson stated that the Discussion section of the M&C needed to be amended to reflect the development was located in District 2 and not District 4. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted, as amended. The motion carried unanimously. C-18921 There was presented Mayor and Council Communication No. C- Continued for 18921, dated January 8, 2002, from the City Manager One Week recommending that the City Council authorize the City Manager to execute a professional services contract with Gershman, Brickner & Bratton, Inc. for Phase II of the study of the City of Fort Worth's Solid Waste Management System, at a cost not to exceed $500,000.00. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-18921 be continued for one week. The motion carried unanimously. C-18931 There was presented Mayor and Council Communication No. C- Ord. #14937 18931 from the City Manager recommending that the City Council: Ed A. Wilson, Inc. 1. Authorize the City Manager to transfer $1,008,359.50 from the General Fund to the Contract Street Maintenance Fund; and 2. Adopt Appropriation Ordinance No. 14937 increasing the estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $1,008,359.50 from the available funds for the purpose of funding a contract to Ed A. Wilson, Inc. for Concrete Restoration (CR2002-12) at Various Locations; and 3. Authorize the City Manager to execute a contract with Ed A. Wilson, Inc. in the amount of $869,275.50 for 105 working days for Concrete Restoration at Various Locations (CR2002-12). CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 11 of 17 City Manager Jackson stated that the Discussion section of the M&C needed to be amended to reflect the project was located in Districts 4 and 8 and not Districts 4 and 6. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C- 18931 be adopted, as amended. The motion carried unanimously. Mayor Barr stated that this ordinance, as well as the six that followed, related to construction costs of $6.6 million. He urged staff to be very sensitive to the effect these types of projects, which last in excess of 200 working days, have on the adjacent business and residents. He added that the City staff reviewing these projects needed to be aware that access by citizens to their residences and businesses was critical because of the potential of negative economic impact to such businesses and the excessive inconvenience to residents. C-18932 There was presented Mayor and Council Communication No. C- William J. 18932 from the City Manager recommending that the City Council Schultz, Inc. authorize the City Manager to execute a contract with William J. d/b/a Circle "C" Schultz, Inc. d/b/a Circle "C" Construction Company in the amount Construction of $748,390.00 for the Water Main Extensions, Replacements and Company Relocations Contract 2001A "MWERR2001A". It was the consensus of the City Council that the recommendation be adopted. C-18933 There was presented Mayor and Council Communication No. C- Ord. #14938 18933 from the City Manager recommending that the City Council: Rope Construction, 1. Authorize the City Manager to transfer $749,645.00 from the Inc. Water and Sewer Fund to the Water Capital Project Fund in the amount of $529,810.00 and Sewer Capital Project Fund in the amount of $219,835.00; and 2. Adopt Appropriation Ordinance No. 14938 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $529,810.00 and in the Sewer Capital Project Fund in the amount of $219,835.00 for the purpose of funding a contract to Rope Construction, Inc. for water and sewer replacements at White Settlement Road from University Drive to Westview Avenue; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 12 of 17 3. Authorize the City Manager to execute a contract with Rope Construction, Inc. in the amount of $677,238.00 and 85 working days for water and sewer replacements in White Settlement Road from University Drive to Westview Avenue. It was the consensus of the City Council that the recommendation be adopted. C-18934 There was presented Mayor and Council Communication No. C- Ord. #14939 18934 from the City Manager recommending that the City Council: Ord. #14940 Conatser 1. Authorize the transfer of $757,974.65 from the Water and Construction, Sewer Fund to the Water Capital Project Fund in the amount Inc. of $590,417.10 and the Sewer Capital Project Fund in the amount of$167,557.55; and 2. Adopt Appropriation Ordinance No. 14939 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $590,417.10 and in the Sewer Capital Project Fund in the amount of $167,557.55 for the purpose of funding a contract to Conatser Construction, Inc. for Water and Sanitary Sewer Replacement Contract 2000 WSM; and 3. Authorize the City Manager to transfer $162,029.80 from the General Fund to the Contract Street Maintenance Fund; and 4. Adopt Appropriation Ordinance No. 14940 increasing the estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $162,029.80 for the purpose of funding a contract to Conatser Construction, Inc. for Water and Sanitary Sewer Replacement Contract 2000 WSM-A; and 5. Authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of$815,287.45 and 180 calendar days for Water and Sanitary Sewer Replacement Contract 2000 WSM-A. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 13 of 17 C-18935 There was presented Mayor and Council Communication No. C- Ord. #14941 18935 from the City Manager recommending that the City Council: William J. 1. Authorize the transfer of $744,725.00 from the Water and Schultz, Inc. Schultz, "C" Sewer Fund to the Sewer Capital Project Fund; and Construction Company 2. Adopt Appropriation Ordinance No. 14941 increasing the estimated receipts and appropriations in the Capital Project Fund in the amount of $744,725.00 from available funds for the purpose of funding a contract to William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Sanitary Sewer Main Replacements Contract 2002A; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $672,640.00 for the Sanitary Sewer Main Replacements Contract 2002A. It was the consensus of the City Council that the recommendation be adopted. C-18936 There was presented Mayor and Council Communication No. C- Ord. #14942 18936 from the City Manager recommending that the City Council: Tri-Tech Construction, 1. Authorize the transfer of $199,565.00 from the Water and Inc. Sewer Fund to the Water Capital Project Fund in the amount of $195,603.00 and the Sewer Capital Project Fund in the amount of$3,962.00; and 2. Adopt Appropriation Ordinance No. 14942 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $195,603.00 and in the Sewer Capital Project Fund in the amount of $3,962.00 for the purpose of funding a contract to Tri-Tech Construction, Inc. for the construction of Southside II (S2-6) Contract No. 3 Water Transmission Main, Phase 2 and the reconstruction of Fogg Street from 6t" Street to Hemphill Street; and 3. Authorize the City Manager to execute a contract with Tri- Tech Construction, Inc. in the amount of $2,524,272.00 and 280 working days for construction of the Southside II (S2-6) Contract No. 3 Water Transmission Main, Phase 2. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 14 of 17 C-18937 There was presented Mayor and Council Communication No. C- Ord. #14943 18937 from the City Manager recommending that the City Council: D. R. Utilities, Inc. 1. Authorize the City Manager to transfer $339,855.50 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $325,275.50, and the Sewer Capital Project Fund in the amount of$14,580.00; and 2. Adopt Appropriation Ordinance No. 14943 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $325,275.50, and in the Sewer Capital Project Fund in the amount of $14,580.00 from the available funds for the purpose of funding a contract to D. R. Utilities, Inc. for Water Replacement Contract 2000WSM- G; and 3. Authorize the City Manager to execute a contract with D. R. Utilities, Inc. in the amount of $303,442.50 and 70 working days for Water Replacement Contract 2000 WSM-G. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for the Proposed second public hearing for the proposed annexation of 224.681 Annexation of Acres of Land out of the Ramon Gangara Survey, Abstract No. 563, 224.681 Acres of the Texas & Pacific Railroad Company Survey, Abstract No. 1568 Land Out of and the Alexander, Crain, Harris & Brooks Survey, Abstract No. 55, Various Surveys Tarrant County, Texas, being a portion of the same tract of land at Bonds Ranch (Tract 1), being all of Lot 1, Block 1, Lots 1-5, Block B, Lots 1-23, Annexation Block C, Lot 1, Block D, Lots 1-16, Block E, Lots 1-11 and 36-46, Case No. Block F, Lago Vista at Bonds Ranch, an addition to Tarrant County, AX-02-0001 Texas (Annexation Case No. AX-02-0001). Mayor Barr asked if there was anyone present desiring to be heard. Ms. Cathy Davidson, representing the Development Department, appeared before the City Council and presented a staff report and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of February 12, 2002. There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 224.681 Acres of Land out of the Ramon Gangara Survey, Abstract No. 563, the CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 15 of 17 Texas & Pacific Railroad Company Survey, Abstract No. 1568 and the Alexander, Crain, Harris & Brooks Survey, Abstract No. 55, Tarrant County, Texas, being a portion of the same tract of land (Tract 1), being all of Lot 1, Block 1, Lots 1-5, Block B, Lots 1-23, Block C, Lot 1, Block D, Lots 1-16, Block E, Lots 1-11 and 36-46, Block F, Lago Vista at Bonds Ranch, an addition to Tarrant County, Texas (Annexation Case No. AX-02-0001), Council Member Wentworth made a motion, seconded by Council Member Davis, that the second public hearing be closed and directed staff to institute annexation proceedings. The motion carried unanimously. Citizen Mr. Milner Duvall, 108 Live Oak Court, Weatherford, Texas, Presentations appeared before Council and requested Council's assistance Milner Duvall relative to property owners being provided relief from receiving citations from Code Compliance for trash. Mr. Duvall stated that he had received these citations because he owned the property, but did not live at the location and asked that Council look at the ordinance relative to not holding property owners accountable for violations of their tenants. Mayor Barr informed Mr. Duvall that the City had a relationship with him as the owner of the building, not the tenant. He asked Mr. Duvall to meet with Assistant City Manager Joe Paniagua after the meeting to receive information on City ordinances and possible options. Jeanne Ms. Jeanne Strickland, P. O. Box 3182, appeared before Council Strickland relative to providing representation and assistance to homeless citizens. Mayor Barr provided information on the redistricting process and stated that the City was now in Phase II and that the City had several redistricting plans from residents. He added that two public hearings would be conducted on February 18 and 28, 2002, at 7:00 p.m. at the Will Rogers Memorial Center to receive public comment. He further encouraged citizens to submit their ideas and opinions on the City's website and on the Redistricting Hotline at (817) 871-7371, and stated that citizens guides were available in the City Secretary's Office, community centers and the libraries in both English and Spanish. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 16 of 17 Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:26 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Luis T. Hernandez, et al v. City of Fort Worth, et al, Civil Action No. 4:99-CV-0318-Y; b) Steven J. Munoz v. City of Fort Worth, Equal Employment Opportunity Charge No. 310A20223; c) Tommy Wise v. City of Fort Worth, Civil Action No. 4:00-CV-1844-Y; d) One and Two Trinity Garden, Inc. v. City of Fort Worth and Building Standards Commission, Cause No. 342- 181330-99; e) Legal issues concerning Fire Department staffing; f) Legal issues concerning the provisions of jail services; g) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. Discuss the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; 3. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 22, 2002 PAGE 17 of 17 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:49 p.m. G-13493 There was presented Mayor and Council Communication No. G- Res. #2799 13493 from the City Manager recommending that the City Council Increase adopt Resolution No. 2799 authorizing an increase in the maximum Maximum amount to be paid to Mike Heiskell to $85,000.00 to represent Amount to Mike Police Officer David Stefanos in the lawsuit of Luis T. Hernandez et Heiskell to al vs. City of Fort Worth et al, Civil Action No. 4:99-CV-318-Y. Represent Council Member Davis made a motion, seconded by Council Police Officer Member Lane, that Mayor and Council Communication No. G-14393 David Stefanos be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 12:50 p.m. CITY SECRETARY MAYOR