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HomeMy WebLinkAbout2002/02/26-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 26, 2002 Date & Time On the 26th day of February, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:08 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; 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. Mayor Pro tempore Ralph McCloud was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Warner Bailey, Ridglea Presbyterian Church, who announced the end of his 20-year ministry at Ridglea Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wentworth, seconded by Council Member Lane, the minutes of the regular meeting of February 19, 2002, were approved unanimously. Special Council Member Davis presented a Proclamation for Tarrant Presentations County Food Bank Day. Council Member Wentworth presented a Proclamation for Entrepreneur Expo Day. Council Member Moss presented a Proclamation for Black History Month to Mr. Estrus Tucker. Mr. Tucker thanked the Council and stated that he accepted the proclamation with pride, pleasure and respect for the people of Fort Worth. Mayor Barr stated that a very special occasion occurred on February 24, 2002, with the unveiling of the wall of history at the Intermodal Transportation Center. He stated that the wall recognized the important history of the African American contribution to the City and he encouraged all citizens to visit the new facility. Mr. Allan Barr, Reggio Emilia Chairman for Fort Worth Sister Cities International, introduced Houston Consul General, Mr. Massimo Rustico. Mr. Massimo thanked the Council for the opportunity to visit the City and stated that he was here to learn about the City and hopefully develop business and economic opportunities. He added that his government wanted to have a major presence in Fort Worth. Mayor Barr stated that there was an enormous opportunity to build on a relationship between the two cities. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 2 of 20 Ms. Jane Bass, Chair of Nagaoka Committee for Fort Worth Cities International, briefed the Council on the visit of students from Nagaoka, Japan, participating in the Nagaoka Middle School Exchange. Ms. Laura Williams, Monnig Middle School Principal, introduced the students and Council Member Haskin presented each of them with City pins. Mr. Yutaka Kobayashi, Nagaoka City Board of Education, thanked the Council for letting the students and teachers attend the meeting and stated that it was the dream of most Japanese people to visit America and to become more culturally sophisticated. Mayor Barr accepted a gift from one of the students on behalf of the City and stated that their visit had been a learning experience for everyone. He also recognized students from the host families who attended the meeting. Announcements Council Member Lane announced that on behalf of the Council, he would like to extend congratulations to Paulie Ayala, who successfully defended his boxing title. Council Member Picht announced that a Town Hall meeting would be conducted March 18, 2002, at Southwest High School. He stated that it would begin at 6:30 p.m. with an Open House of City services and programs, followed at 7:30 p.m. with speaker presentations to the Council. Council Member Haskin reminded everyone that the final meeting of the Gateway Park master plan would be conducted March 4, 2002, at 7:00 p.m. at the East Regional Library, and invited the public to attend. Council Member Moss announced that a breakfast to celebrate Black History Month would be held February 27, 2002, at 7:30 a.m. at the Intermodal Transportation Center on 9t" Street and Jones. Council Member Davis congratulated Council Member Lane for the wonderful Cowtown Marathon event held February 22, 2002, in District 2. She stated that people from all over the world participated in the event. Mayor Barr announced that a Youth Town Hall Meeting would be conducted March 2, 2002, from 9:30 a.m. to 12:30 p.m. at City Hall. He stated that this meeting would allow teenagers to bring their unique perspective to City Hall and express their thoughts on the City of Fort Worth. Mayor Barr also announced that on February 28, 2002, at 7:00 p.m. at the Will Rogers Memorial Center CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 3 of 20 Auditorium, the Council would conduct a public hearing on redistricting. He stated that immediately following the Council meeting, a workshop would be conducted to receive redistricting plans submitted by Council Members. He added that copies of redistricting plans could be viewed by citizens in the foyer of City Hall, on the City's website, City Secretary's Office, Action Center, and East Regional and Southwest Regional Libraries. Mayor Barr further stated that copies of the redistricting plans could also be mailed to interested citizens by calling the redistricting hotline at (817) 871-7371. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda was adopted unanimously. Appointments Council Member Wentworth made a motion, seconded by Council Member Silcox, to appoint Mr. Robert F. Hawley as the District 7 representative to the Building Standards Commission, effective February 26, 2002, and with a term to expire September 30, 2003. The motion carried unanimously. Council Member Davis made a motion, seconded by Council Member Silcox, to reappoint Ms. Jennifer Harnish to Place 1 on the Parks and Community Services Advisory Board, effective February 26, 2002, and with a term to expire October 1, 2003. The motion carried unanimously. Res. #2810 There was presented Resolution No. 2810 by the City Council Appointment to appointing Mr. Javier Aldape, Mr. Michael Auping, Ms. Anitra Fort Worth Art Blayton, Mr. Albert Komatsu, Mr. Kirk Millican, Ms. Janet Tyson, Commission Ms. Helen Avina Sides, Mr. Bill Runyon, and Mr. Mark Thistlethwaite to the Fort Worth Art Commission, effective February 26, 2002. City Attorney Yett stated that a substitute resolution had been distributed to Council with specified places and appointment expiration dates, as follows: Place 1: Mr. Javier Aldape, with a term to expire on September 30, 2003; Place 2: Mr. Michael Auping, with a term to expire on September 30, 2002; Place 3: Ms. Anitra Blayton, with a term to expire on September 30, 2003; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 4 of 20 Place 4: Mr. Albert Komatsu, with a term to expire on September 30, 2002; Place 5: Mr. Kirk Millican, with a term to expire on September 30, 2003; Place 6: Ms. Janet Tyson, with a term to expire on September 30, 2002; Place 7: Ms. Helen Avina Sides, with a term to expire on September 30, 2003; Place 8: Mr. Bill Runyon, with a term to expire on September 30, 2002; Place 9: Mr. Mark Thistlethwaite, with a term to expire on September 30, 2003. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. OCS-1268 There was presented Mayor and Council Communication No. OCS- Claims 1268 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-13535 There was presented Mayor and Council Communication No. G- Ord. #14989 13535 from the City Manager recommending that the City Council: FHIP Grant from U.S. Dept. of 1. Authorize the City Manager to accept a Fair Housing Housing and Initiative Program (FHIP) grant in the amount of $99,362.00 Urban from the U.S. Department of Housing and Urban Development Development to enable the Human Relations Commission to engage in fair housing education and outreach; and 2. Adopt Appropriation Ordinance No. 14989 increasing estimated receipts and appropriations in the Grants Fund in the amount of $99,362.00 from available funds for the purpose of funding the Fair Housing Initiative Program through a grant from the U.S. Department of Fair Housing and Urban Development. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 5 of 20 G-13536 There was presented Mayor and Council Communication No. G- Temporary 13536 from the City Manager recommending that the City Council Closure — Old authorize the temporary closure for through traffic on Old Denton Denton Road Road between Cantrell-Samson Road and 1,000 feet north of Cantrell-Samson Road from February 26, 2002, until March 28, 2002, to facilitate the reconstruction of Old Denton Road. It was the consensus of the City Council that the recommendation be adopted. G-13537 There was presented Mayor and Council Communication No. G- Ord. #14990 13537 from the City Manager recommending that the City Council: EDI - Special Project Grant 1. Authorize the City Manager to apply for and accept an For Magnolia Economic Development Initiative (EDI) — Special Project Village Project grant in the amount of $1,000,000.00 from the U.S. on Hemphill Department of Housing and Urban Development (HUD) for Street the Magnolia Village project on Hemphill Street; and 2. Authorize the City Manager to execute a grant agreement with HUD for funding a development of the Magnolia Village project; and 3. Adopt Appropriation Ordinance No. 14990 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,000,000.00 for the purpose of funding an Economic Development Initiative — Special Project grant for the Magnolia Village Project on Hemphill Street and to execute related grant agreement. It was the consensus of the City Council that the recommendation be adopted. G-13538 There was presented Mayor and Council Communication No. G- Ord. #14991 13538 from the City Manager recommending that the City Council: EDI — Special Project Grant for 1. Authorize the City Manager to apply for an accept an Feasibility Study Economic Development Initiative (EDI) — Special Project grant in the amount of $200,000.00 from the U.S. Department of Housing and Urban Development (HUD) for the Trinity River Vision Feasibility Study; and 2. Authorize the City Manager to execute a grant agreement with HUD to fund the Trinity River Vision Feasibility Study; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 6 of 20 3. Adopt Appropriation Ordinance No. 14991 increasing estimated receipts and appropriations in the Grants Fund in the amount of $200,000.00 from the available funds for the purpose of funding authorization to apply for and accept and Economic Development Initiative — Special Project grant for the Trinity River Vision Feasibility Study and to execute a related grant agreement. It was the consensus of the City Council that the recommendation be adopted. G-13539 There was presented Mayor and Council Communication No. G- Ord. #14992 13539 from the City Manager recommending that the City Council: Ord. #14993 Ord. #14994 1. Adopt Supplemental Appropriation Ordinance No. 14992 Ord. #14995 increasing appropriations by the indicated amounts in the Fiscal Year following funds for encumbrance rollovers, designated 2001-2002 for expenditures and budget corrections: Encumbrance Rollovers and a) General Fund by $2,230,580.00 and decreasing the Designated unreserved, undesignated fund balance by the same Expenditures amount; and b) Cable Communications Fund by $29,913.00 and decreasing the unreserved, undesignated fund balance by the same amount; and c) Crime Control and Prevention District Fund by $1,005,802.00 and decreasing the unreserved fund balance by the same amount; and d) Federal Awarded Assets Fund by $46,345.00 and decreasing the unreserved fund balance by the same amount; and e) Group Health and Life Insurance Fund by $10,574.00 and decreasing the unreserved, undesignated fund balance by the same amount; and f) Office Services Fund by $142,854.00 and decreasing the unreserved, undesignated retained earnings by the same amount; and g) Solid Waste Fund by $23,327.00 and increasing the fund deficit by the same amount; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 7 of 20 h) State Awarded Assets Fund by $18,424.00 and decreasing the unreserved fund balance by the same amount; and i) Water and Sewer Fund by $1,412,074.00 and decreasing the unreserved, undesignated fund balance by the same amount; and 2. Approve the transfer of $11,030.00 from the General Fund to the Municipal Golf Fund; and 3. Adopt Supplemental Ordinance No. 14993 increasing estimated receipts and appropriations in the Municipal Golf Fund in the amount of $11,030.00 from available funds for the purpose of funding Fiscal Year 2001-2002 encumbrance rollovers; and 4. Approve the transfer of $1,378.00 from the General Fund to the Municipal Airports Fund; and 5. Adopt Supplemental Appropriation Ordinance No. 14994 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $1,378.00 from available funds for the purpose of funding a Fiscal Year 2001-2002 encumbrance rollover; and 6. Approve the transfer of $32,250.00 from the General Fund to the Public Events FF&E (Furniture, Fixtures, and Equipment) Fund; and 7. Adopt Supplemental Ordinance No. 14995 increasing estimated receipts and appropriations in the Public Events FF&E Fund in the amount of $32,250.00 from available funds for the purpose of funding a Fiscal Year 2001-2002 designated expenditure. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted by amending the M&C to exclude the item on page 3 under Parks and Community Services related to the Fort Worth Independent School District soccer agreement. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 8 of 20 Council Member Silcox made a motion, seconded by Council Member Wentworth, that the item on page 3 under Parks and Community Services related to the Fort Worth Independent School District soccer agreement be adopted. Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud NOT VOTING: Council Member Moss G-13540 There was presented Mayor and Council Communication No. G- Res. #2811 13540 from the City Manager recommending that the City Council: Tax Abatement Policy 1. Adopt Resolution No. 2811 providing that the City of Fort Worth elects to be eligible to participate in tax abatement authorized by Chapter 312 of the Texas Tax Code and establishing a Tax Abatement Policy governing subsequent tax abatement agreements; and 2. Adopt the Tax Abatement Policy establishing guidelines and criteria governing property tax abatements granted by the City of Fort Worth. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted by amending the first sentence of the second paragraph in the Discussion section as follows: "It is recommended that the current policy be readopted in its current form, with the following exceptions: (i) all references to "eligible inner city census tracts" shall be changed to "the Central City and any CDBG-eligible census tract outside the Central City" and (ii) Map "A" shall be changed to define and depict the Central City, as designated by the City Council pursuant to M&C G-12976 on August 1, 2000, and any CDBG-eligible census tract outside the Central City." The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 9 of 20 G-13541 There was presented Mayor and Council Communication No. G- Ord. #14996 13541 from the City Manager recommending that the City Council Adopt City of approve Ordinance No. 14996 adopting the City of Fort Worth 2002 Fort Worth 2002 Comprehensive Plan; analyzing population, economic and financial Comprehensive trends; describing municipal services and facilities; describing Plan economic and technological issues affecting development; describing implementation tools; dividing the City into 16 planning sectors; providing maps describing proposed future land uses and recommended land use policies for each sector; establishing goals and recommended policies. Linda Johnson Ms. Linda Johnson, 3405 Rustwood Court, President of the Overton Woods Homeowners Association, appeared before Council in opposition of the amended plan specifically as it related to further commercial development near the intersection of SH121 and Bellaire Drive South. She urged the Council to leave the plan as it was previously approved. Mayor Barr stated that issues had been raised that needed to be resolved and that this area was a very important part of the City. He added that the plan had a broad strategy and that the City had to look forward in a changing environment. He further stated that the City needed a strategy that encompassed the entire area and the homeowners association needed to also come forward with a strategy on how the area should be developed as the area was becoming more prime for development. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13542 There was presented Mayor and Council Communication No. G- Ord. #14997 13542 from the City Manager recommending that the City Council Fire Training accept funds from Tarrant County College in the amount of $4,000.00; and adopt Appropriation Ordinance No. 14997 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $4,000.00 from the available funds for the purpose of funding TSTI Firefighter Apprenticeship Program. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 10 of 20 P-9551 There was presented Mayor and Council Communication No. P- OEM Sewer 9551 from the City Manager recommending that the City Council: Equipment Parts and Cleaning 1. Authorize a purchase agreement with multiple vendors for Tools OEM (original equipment manufacturer) sewer equipment parts and tools for the City of Fort Worth, with payment due 30 days from the date of the invoices, freight is not charged; and a) Award OEM Sreco flexible parts to Sreco Flexible, Inc. at manufacturer's list price, less 18 percent discount; and b) Award OEM sewer equipment parts to Sewer Equipment Company of America at manufacturer's list price, less 22 percent discount; and c) Award sewer cleaning tools to Sreco Flexible, Inc. at manufacturer's list price, less 18 percent discount; and 2. Authorize this agreement to begin February 26, 2002, and expire February 25, 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-9552 There was presented Mayor and Council Communication No. P- OEM Toro Parts 9552 from the City Manager recommending that the City Council and Repair authorize a sole source purchase agreement with Professional Turf Products for OEM (original equipment manufacturer) Toro parts and repair for the Equipment Services Department. The agreement will be awarded to the sole source provider based on the bid of manufacturer's list price less five percent discount, and repairs at $60.00 per hour for labor with payment due 30 days from the date the invoice is received, the City takes ownership at its facilities, freight is not charged; and authorize this agreement to begin February 26, 2002, and expire February 25, 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 FEBRUARY 26, 2002 PAGE 11 of 20 P-9553 There was presented Mayor and Council Communication No. P- Vehicles and 9553 from the City Manager recommending that the City Council Equipment authorize the purchase of vehicles and equipment from cooperative purchasing programs for the City of Fort Worth at a cost not to exceed $236,282.96 with payment due within 30 days of the date of the invoice, and freight is included in the unit price: a) Lawrence Marshall Chevrolet (State contract 070-A1) 2002 Chevy Malibu for Code Compliance Department 4 each at $13,396.00 = $53,584.00 2002 Chevy Malibu for Police Department 1 each at $13,396.00 b) Houston Galveston Area Council (HGAC contract VE01-05) 2002 Chevy Blazer for Water Department 3 each at $17,438.37 = $52,315.11 2002 Chevy Blazer for Code Compliance Department 1 each at $17,438.35 c) RDO Equipment Company (BuyBoard contract 126-01) 2002 John Deere 555 Loader for Water Department 1 each at $99,549.50 It was the consensus of the City Council that the recommendation be adopted. P-9554 There was presented Mayor and Council Communication No. P- Stacking Chairs 9554 from the City Manager recommending that the City Council authorize a purchase agreement with Shelby Williams Industries, Inc. for 6,000 stacking chairs for the Public Events Department at a cost not to exceed $423,000.00, with payment due 30 days after receipt of the invoice, with freight included in the unit price. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 12 of 20 L-13251 There was presented Mayor and Council Communication No. L- Permanent 13251 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one 15-foot permanent utility easement described as A-873, Tract 2A, John Jennings Survey, Tarrant County, Texas, from Charley Wilkirson needed for right-of-way for the purpose of providing and perpetually maintaining residential utility services including, but not limited to, water, sanitary sewer, electric and natural gas over and across property located at 2300 Cunningham Road for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2359 There was presented Mayor and Council Communication No. PZ- Ord. #14998 2359 from the City Manager recommending that the City Council Sanitary Sewer adopt Ordinance No. 14998 vacating three 20-foot wide by variable Utility length segments of sanitary sewer utility easement situated in the Easements B.B.B. & C. R.R. Company Survey, Abstract No. 201, Tarrant Vacation County, Texas, and containing a gross aggregate of approximately (VA-01-1020) 0.776 acres. It was the consensus of the City Council that the recommendation be adopted. PZ-2360 There was presented Mayor and Council Communication No. PZ- Ord. #14999 2360 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 14999 vacating the 1100 and 1200 Blocks of (VA-99-048) Crawford Street, Blocks O, K, L (2) and P; the 300 Block of Magnolia Avenue, Block P; Lot 1-R, Block T; the 1100 Block of Bryan Street, Blocks J and K, all of the Rosedale Addition; the 200 and 300 Blocks of Oleander Street, Blocks O, K, P, L (2) and Max K. Mayers Addition; Lots A through P, and Lot R, in Block L of Rosedale Addition, Tarrant County Texas, and containing approximately 100,294 square feet of land. Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud NOT VOTING: Council Member Moss CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 13 of 20 C-18973 There was presented Mayor and Council Communication No. C- La Vida News 18973 from the City Manager recommending that the City Council and La Semana authorize the City Manager to execute contracts with the La Vida Newspapers News and La Semana newspapers in the amount of $31,200.00 each to publish the City of Fort Worth "City Page" each week from October 1, 2001, through September 30, 2002. It was the consensus of the City Council that the recommendation be adopted. C-18974 There was presented Mayor and Council Communication No. C- Fort Worth Star- 18974 from the City Manager recommending that the City Council Telegram authorize the City Manager to execute a contract with the Fort Worth Star-Telegram in the amount of $80,600.00 for publication of the weekly "City Page" from October 1, 2001, through September 30, 2002. It was the consensus of the City Council that the recommendation be adopted. C-18975 There was presented Mayor and Council Communication No. C- Charles W. 18975 from the City Manager recommending that the City Council Evans authorize the City Manager to enter into a one-year contract agreement with Charles W. Evans in an amount not to exceed $77,000.00 for personal services involving consultation and representation related to issues of concern to the City of Fort Worth before the state legislature, the state agencies, commissions, and the Governor; and authorize the term of the contract to begin March 1, 2002, and expire February 28, 2003, with a one-year option to renew at the same terms and conditions. It was the consensus of the City Council that the recommendation be adopted. C-18976 There was presented Mayor and Council Communication No. C- Alcon 18976 from the City Manager recommending that the City Council Laboratories, authorize the City Manager to enter into a standard consent Inc. agreement with Alcon Laboratories, Inc. authoring installation of underground conduits in Will Rogers Boulevard and Joel East Road. It was the consensus of the City Council that the recommendation be adopted. C-18977 There was presented Mayor and Council Communication No. C- Gibson & 18977 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract with Gibson & Associates, Inc. in the amount of $131,600.00 for East Rosedale storm drain and channel repair for 45 working days. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 14 of 20 C-18978 There was presented Mayor and Council Communication No. C- Ord. #15000 18978 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to accepts funds in the amount Housing and of $1,029,100.00 from the Texas Department of Housing and Community Community Affairs for the Community Services Block Grant Affairs for the year 2002; and 2. Accept the 2001 Incentive Award of $4,830.00 and reimbursement of conference tuition fees for $195.00; and 3. Adopt Appropriation Ordinance No. 15000 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,034,125.00 from available funds for the purpose of funding an extension of the contract with the Texas Department of Housing and Community Affairs for the Community Services Block Grant through December 31, 2002; and 4. Apply indirect costs at a rate of 26.19 percent, which represents the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. C-18979 There was presented Mayor and Council Communication No. C- Brock Paving 18979 from the City Manager recommending that the City Council Industries, Inc. confirm the award of contract to Brock Paving Industries, Inc. in the amount of $46,195.15 for remedial parking lot work at the Harmon Park Soccer Complex. It was the consensus of the City Council that the recommendation be adopted. C-18980 There was presented Mayor and Council Communication No. C- Transystems 18980 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a contract with TranSystems Consultants Corporation Consultants for utility construction inspections for the Transportation and Public Works Department, Street Management Division for an aggregate fee not to exceed $200,000.00; and authorize this contract to begin January 22, 2002, and expire September 30, 2002, with an option for two one-year renewals with renegotiated unit prices. 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 FEBRUARY 26, 2002 PAGE 15 of 20 Public Hearing It appeared that the City Council set today as the date for a public 3509 Avenue K hearing for the Appeal of the Order of the Building Standards and Rear Commission regarding 3509 Avenue K and Rear. Mayor Barr asked Withdrawn if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council and stated that the owner of the property requested his appeal be withdrawn. Mr. Smart added that staff would work with the owner to obtain additional time to complete repairs on the structure and that the present order to repair the property within 180 days would remain in effect. Council Member Moss stated that the owner had taken out a loan and purchased the property in August or September 2001. He was having difficulty with the repair work but had made significant improvement, having cleared the debris from the exterior of the property. Mr. Moss noted that the owner had unfortunately inherited the problem from the previous owner who did not comply with repair orders from the City. He added that the owner was diligently working to restore the property and complete repairs to the inside of the structure and that the City had a responsibility to work with the owners in cases where they are doing the right things to repair the property. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 3509 Avenue K and Rear, Council Member Moss made a motion, seconded by Council Member Davis that the public hearing be closed and that Council accept the owner's withdrawal of the appeal. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 919 Humbolt hearing for the Appeal of the Order of the Building Standards Street Commission regarding 919 Humbolt Street. Mayor Barr asked if Continued Until there was anyone present desiring to be heard. March 26, 2002 Mr. Carl Smart, Code Compliance Director, appeared before the City Council and stated that staff had received a letter from the owner who lived in Ohio to continue this case for 30 days. Council Member Haskin expressed concern with continuing the case when the owner had failed to show for the previous four hearings. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 16 of 20 Mr. Smart replied that, after the last Building Standards Commission meeting, the owner had sent a proposal that he had accepted the contractor proposal to begin work. He added that the civil penalty of $9,100.00 assessed by the Building Standards Commission would still stand unless changed by Council. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 919 Humbolt Street, Council Member Moss made a motion, seconded by Council Member Lane, that the public hearing be continued until March 26, 2002. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: Mayor Pro tempore McCloud Public Hearing It appeared that the City Council set today as the date for a public 957 East Allen hearing for the Appeal of the Order of the Building Standards Continued for Commission regarding 957 East Allen. Mayor Barr asked if there One Week was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council and stated that the Building Standards Commission had decided to rehear this case at their April meeting. He stated that staff then determined that there was no order for the appeal and requested Council accept staff recommendation for withdrawal of the appeal. Todd Dailey, Jr. Mr. Todd Dailey, Jr., 2552 Boyd Avenue, owner of this property, appeared before Council and stated that he had not been contacted by staff or Code Compliance relative to the substandard condition of this property. He raised concerns with Code Compliance entering his property without authority, problems with vandalism and theft, and City policy on demolition of homes. He added that City policies needed to be changed to encourage home refurbishment, not discourage it. Council Member Davis stated that this was a situation of a new property owner purchasing a property with a negative history. She stated that the City needed to develop a better process of CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 17 of 20 informing prospective buyers of the substandard conditions of the property. She also expressed concern with the ability of the Building Standards Commission's withdrawal of the appeal after the appeal order was heard. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 957 East Allen, Council Member Davis made a motion, seconded by Council Member Moss, that the public hearing be continued for one week. The motion carried unanimously. Citizen Ms. Emily Love, 2406 North Main, owner of the Lonesome Dove Presentations Bistro in the Stockyards, appeared before Council regarding Emily Love "cruisers" on the North side. She expressed concern with the amount of cruisers on Friday and Saturday evenings creating an undesirable scene, increased smoke and odor from tires entering her restaurant disturbing customers, loud music from vehicles, and safety issues. She requested Council provide a consistent and increased police presence in the area. Mayor Barr requested she meet with Assistant City Manager Libby Watson to resolve her concerns and that Ms. Watson provide Council with a report on a plan to address this issue. Emily Burt, Ms. Emily Burt, P.O. Box 8512, and Ms. Rena Huguenin, Rena Huguenin representing Fort Worth Christian Academy, appeared before Council regarding the conditions of the Cowtown Inn on the East side. They requested Council expedite the demolition of the structure. Andrew Addis Mr. Andrew Addis, 6801 Church, representing Handley Baptist Church, appeared before Council in support of the Fort Worth Christian Academy's request to demolish the Cowtown Inn. Mr. Addis stated that this issue was not just a school project and expressed concerns relative to safety and crime. He added that the east side of the City was striving to improve conditions in the area and requested Council make demolition of the structure a priority. Mayor Barr thanked these citizens for attending the Council meeting and stated that there were dozens of structures like the Cowtown Inn within the City that required demolition. However, before demolition could take place, the City must consider expenditure of money, resources, and property rights and that the City took many precautions to make sure peoples' rights, health, CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 18 of 20 and safety were being protected. He added that the structure had been selected demolition using a wet demolition method, but clearance to proceed with demolition had not been received from Environmental Protection Agency (EPA). Mr. Brian Boerner, representing Environmental Management, provided an update on the demolition of the Cowtown Inn and added that the September 11, 2001 tragedy created a delay in the demolition approval as the toxicologists and data review personnel had been deployed to New York. He added that the City remains in contact with the EPA on a regular basis and that approval should be forthcoming in the next six weeks. Mayor Barr requested staff keep the students posted on the progress of the demolition, as it was important for them to understand the process. He asked City Manager Jackson to ask both of our Congressional representatives, Kay Granger and Martin Frost to convey the City's concern to the Environmental Protection Agency to get clearance to move this project forward. Gabrielle Ms. Gabrielle Gordon, 76 Corral Drive North, Keller, Texas, Gordon, President of the Ranchette Estates Homeowners Association, and Larry Walters Mr. Larry Walters, 2309 Kella Court, Haslet, Texas, appeared before Council in opposition of being annexed into the City of Fort Worth. Mayor Barr asked staff to review the annexation proposal and provide a report to Council on March 26, 2002, relative to the criteria for selecting these properties for annexation. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council relative to illegally posted signs and settling a lawsuit in which he was named as a party. Richard Mr. Richard Thompson, 7500 Maplewood, North Richland Hills, Thompson Texas, appeared before Council relative to his aggravation of receiving police citations for alleged violations. Steve Kellar Mr. Steve Kellar, representing Waste Management, appeared before Council relative to recycling efforts in Fort Worth. He stated that although there was a fire at a recycling facility, recyclable material continued to be taken to an alternate recycling facility and at no time had this material been deposited at the landfill. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 26, 2002 PAGE 19 of 20 Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:16 p.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, as authorized by Section 551.071 of the Texas Government Code; and a) Cities of Denton, Texas, et al v. TXU Electric Service Company, et al, Cause No. 009383 (134th Judicial District, Dallas County); b) Dennison A. Royal v. City of Fort Worth, Cause No. 02- 01-00390-CV; c) City of Fort Worth v. Dennison A. Royal, Cause No. 2001-002594-3; d) Legal issues concerning appeals of Building Standards Commission orders; e) Legal issues concerning the Convention Center hotel project; f) Legal issues concerning the provision of jail services; g) Application of Johnson County Rural Water Supply Corporation for conversion to a special utility district: TNRCC Docket No. 2001-0121/DIS pending before the Texas Natural Resource Conservation Commission; h) Legal issues concerning any City Council agenda item; and 2. Deliberate 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 FEBRUARY 26, 2002 PAGE 20 of 20 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 1:15 p.m. Adjournment There being no further business, the meeting was adjourned at 1:15 P.M. P-4's Jim ��. CITY ETARY 'MAYOR