Loading...
HomeMy WebLinkAbout2002/03/26-Minutes-City Council CITY COUNCIL MEETING MARCH 26, 2002 Date & Time On the 26th day of March, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:17 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 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. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Vic Bartlow, Bethesda Community Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Davis, the minutes of the regular meeting of March 19, 2002, were approved unanimously. Special Mr. Dick Ramsey, Chair of Fort Worth Sister Cities Budapest Presentations Committee introduced Mr. Zoltan Bagyinszki, professional photographer from Budapest, Hungary, and student delegates from Trier, Germany, participating in the Youth Ambassador Exchange. Mayor Pro tempore McCloud presented a Proclamation for Public Health Week to Dr. Daniel Reimer, Fort Worth Public Health Director. Council Member Davis presented a Proclamation for Nutrition Awareness Week to Ms. Barbara Murph. Council Member Wentworth presented a Proclamation for Purchasing Month to Mr. Robert Combs, City of Fort Worth Purchasing Manager and staff. Announcements City Manager Jackson asked Lisa Pyles, Director of the Aviation Department, and Mike Feeley, Spinks Airport Manager, to approach the podium. Ms. Pyles announced that Mr. Feeley was recognized as the 2002 Airport Manager of the Year by Texas Department of Transportation Aviation Division. Mr. Feeley thanked his wife, Ms. Pyles and his staff for their support. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 2 of 22 Council Member Davis announced that the "Run to Joe T's 5K Run Walk" would be conducted at Joe T. Garcia's Restaurant, March 30, 2002, at 8:00 a.m. She added that the run would benefit the Samaritan House and invited everyone to attend. Council Member Silcox thanked everyone who participated in the 3rd Annual Pooch and Pals Promenade on Saturday. He added that there was over 100 participants and stated that we still need to be responsible pet owners. He further stated that he looked forward to the fourth promenade. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13570 be withdrawn from the agenda. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda was adopted unanimously. OCS-1273 There was presented Mayor and Council Communication No. OCS- Claims 1273 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-13561 There was presented Mayor and Council Communication No. G- Ord. #15035 13561, dated March 19, 2002, from the City Manager recommending Ord. #15036 that the City Council: Increased Funding for 1. Adopt Appropriation Ordinance No. 15035 increasing Economic and estimated receipts and appropriations in the Economic and Community Community Development Department by $979,306.00 and Development decreasing appropriations in the City Manager's Office by Department $979,306.00 for the purpose of transferring the unexpended funds from the City Manager's Office to the Economic and Community Development Department; and 2. Authorize the transfer of expenditures in the total amount of $440,058.00 from the City Manager's Office to the Economic and Community Development Department, along with the transfer of $440,058.00 in encumbered appropriations to establish a total budget for the new Economic and Community Development Department for FY2001-2002 in the amount of$1,419,364.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 3 of 22 3. Adopt Appropriation Ordinance No. 15036 increasing estimated receipts and appropriations in the City Manager's Office by $150,000.00 and decreasing appropriations in the Library Department by $150,000.00 for the purpose of transferring the unexpended funds from the Library Department to the City Manager's Office. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13562 There was presented Mayor and Council Communication No. G- Partial 13562 from the City Manager recommending that the City Council: Settlement of Unpaid Local 1. Approve the partial settlement of unpaid local hotel Hotel occupancy taxes owed by Lasalle Bank, National Occupancy Tax Association, accrued by Green Oaks Hotel in the lawsuit — City of Fort entitled City of Fort Worth v. Green Oaks Inn, L.L.C., et al, Worth v. Green Cause No. 67-187037-01; and Oaks Inn, L.L.C. 2. Authorize the City Attorney to agree to a settlement et al, Cause No. reflecting the terms of this settlement and authorize the 67-187037-01 appropriate City personnel to execute any releases and agreements necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-13563 There was presented Mayor and Council Communication No. G- Res. #2819 13563 from the City Manager recommending that the City Council: Nuisance Abatement 1. Authorize the City Attorney to file a nuisance abatement Lawsuit - Shiv lawsuit, pursuant to Chapter 125 of the Texas Practice and Investment Remedies Code, against Shiv Investment Corporation, owner Corporation of the South Oaks Inn on East Felix Street. The South Oaks Inn is an alleged common nuisance under the law since it is habitually used for criminal activity as defined in Chapter 125 of the Texas Civil Practice and Remedies Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and 2. Adopt Resolution No. 2819 authorizing the City Attorney to file a lawsuit to abate the common or public nuisance at the South Oaks Inn. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 4 of 22 G-13564 There was presented Mayor and Council Communication No. G- Temporary 13564 from the City Manager recommending that the City Council Closure of approve the temporary closure of Bonds Ranch Road from 600 feet Bonds Ranch east of Wagley Robertson Road to US287 from April 1, 2002, Road through June 30, 2002, to accommodate reconstruction of the roadway. 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 a public hearing regarding the 2002-2003 Consolidated Action Plan grant application. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Deidra Emerson, representing Intergovernmental Affairs/Grants Management Division of the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13565, as follows: G-13565 There was presented Mayor and Council Communication No. G- 2002-2003 13565 from the City Manager recommending that the City Council: Consolidated Action Plan 1. Approve the City's Consolidated Action Plan grant Grant application for submission to the U.S. Department of Application Housing and Urban Development; and 2. Authorize the use of $625,000.00 in estimated program income from the interest earned and Revolving Loan Fund; and 3. Authorize the use of $323,850.00 in-kind match from cash contributions and forgone fees; and 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $12,928,850.00 from available funds subject to receipt of the Consolidated Action Plan grant, for the purpose of funding the 2002-2003 Consolidated Action Plan; and 5. Apply indirect cost rates, as applicable, for the Grants Fund. There being no one else present desiring to be heard in connection with the 2002-2003 Consolidated Action Plan grant application, Council Member Silcox made a motion, seconded by Council Member Moss, that the public hearing be closed and a second public hearing be scheduled for April 2, 2002. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 5 of 22 G-13566 There was presented Mayor and Council Communication No. G- Ord. #15037 13566 from the City Manager recommending that the City Council: Res. #2820 Suspend Rate 1. Adopt Ordinance No. 15037 suspending, until the earlier of Schedule by July 4, 2002, or the effectiveness of a rate order adopted by TXU Gas the City Council, implementation of the rate schedule Distribution proposed by TXU Gas Distribution, as reflected in the "Statement of Intent to Change Rates" filed by TXU Gas Distribution on March 1, 2002; establishing rates to be charged by TXU Gas Distribution during the period of suspension; adopting declarations and findings in preamble; and 2. Adopt Resolution No. 2820 authorizing the City of Fort Worth ("City") to join the North Texas Metroplex Distribution System of the cities in analyzing and assessing a statement of intent to change rates filed with the City on March 1, 2002. City Manager Jackson stated that the second "Whereas" paragraph on the ordinance needed to be corrected to reflect "...an approximate 5.36 percent increase in gas rates..." instead of "8.01 percent", and "...$3.9 million in additional revenues..." instead of "$34 million". 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 Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted, as amended. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 6 of 22 G-13567 There was presented Mayor and Council Communication No. G- Res. #2821 13567 from the City Manager recommending that the City Council: Lawsuit Against Attorney 1. Authorize the City Attorney to file a lawsuit against the General Attorney General of Texas to obtain a court ruling on Regarding documents the City alleges are confidential under Section Decision in 143.089 of the Local Government Code that the Attorney OR2002-0579 General has presumed as public and instructed the City to release; and 2. Adopt Resolution No. 2821 authorizing the City Manager and the City Attorney to take legal action, regarding the decision of the Texas Attorney General in OR2002-0579. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. At Mayor Barr's request, City Attorney Yett explained that the lawsuit was relative to a public information request for Police disciplinary records that the City Attorney's Office felt was confidential by reason of Civil Service law. He added the City did not agree with the Attorney General relative to this request being an exemption from disclosure of such information. G-13568 There was presented Mayor and Council Communication No. G- Ord. #15038 13568 from the City Manager recommending that the City Council Appoint adopt Ordinance No. 15038 appointing Ninfa L. Mares, Steven C. Municipal Williamson, Larry E. Reed, Sharon Newman-Stanfield, James D. Judges and Rodgers, Jo Ann Reyes, Alicia R. Johnson, Robb D. Catalano, Designate Chief Gabriella K. Bendslev, Simon C. Gonzalez and Brian W. Salvant as and Deputy Municipal Judges for a two year term commencing April 1, 2002, Chief Judge and ending March 31, 2004, or until a successor is qualified and appointed in accordance with state law; designating Ninfa Mares as Chief Judge and Steven Williamson as Deputy Chief Judge. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Council Member Haskin expressed concern with the increased number of municipal judges and the increase in substitute judges reflected in M&C G-13569. Chief Judge Ninfa Mares stated that the increase of municipal judges was required to respond to additional responsibilities or services the Municipal Court assumed in 2001 to provide a judge to CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 7 of 22 the School Attendance Court on the east side of the City, and a 24 hour, seven days a week Magistrate which required three 8-hour shifts. The increase in substitute judges was required as these judges worked on an as needed basis. The judges had full time jobs and worked the six 8-hour shifts on the weekends. She added that substitute judges are not always available to work and judges are contacted on the list until one is available. G-13569 There was presented Mayor and Council Communication No. G- Ord. #15039 13569 from the City Manager recommending that the City Council Appoint adopt Ordinance No. 15039 appointing Gerald A. Bates, Sydney Substitute Beckman, Charles F. Berger, Yolanda A. Bernal, Douglas Clark, Jr., Municipal Ann Y. Collins, Faye Harden, Marvin L. Maloney, Nemuel E. Pettie, Judges James E. Pritchard, Ingrid S. Stromberg, Patricia L. Summers, and Edward B. Valverde as substitute municipal judges for a one year term commencing April 1, 2002, and ending March 31, 2002, or until a successor is qualified and appointed in accordance with state law. City Attorney Yett stated that the M&C and ordinance needed to be amended to delete Marvin L. Maloney as he had requested that his name be withdrawn. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted, with the deletion of Marvin L. Maloney. The motion carried unanimously. G-13570 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13570, Request for Temporary Street Closure for the 2002 Main Street Fort Worth Arts Festival, be withdrawn from the agenda. P-9567 There was presented Mayor and Council Communication No. P- Ord. #15040 9567 from the City Manager recommending that the City Council: Upgrade Computerized 1. Authorize the transfer of $340,814.00 from the Water and Control System Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15040 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $340,814.00 from the available funds for the purpose of funding an upgrade to computerized control system for the Village Creek Wastewater Plant; and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 8 of 22 3. Authorize a sole source purchase agreement with GE Automation Services, Inc. for an upgrade of the existing XL/System computerized control system at the Village Creek Wastewater Treatment Plant, including the purchase and installation of software and hardware, the provision of training, maintenance, and support for the installation and parts for one year, for an amount not to exceed $340,814.00. It was the consensus of the City Council that the recommendation be adopted. P-9568 There was presented Mayor and Council Communication No. P- Agricultural 9568 from the City Manager recommending that the City Council: Fertilizer 1. Authorize purchase agreements with multiple vendors for agricultural fertilizer for the Parks and Community Services Department based on the low bids meeting specifications as follows, with payments due 30 days from the date of invoice; and Vendor Item No. Total United Horticultural Supply 1, 3, 4, and 6 $43,138.55 Lesco, Inc. 2 $ 2,800.00 Justin Seed 5, 7, and 9 $36,436.00 Mann Farm and Ranch 8 6,408.00 Total $88,782.55 2. Authorize these agreements to begin March 26, 2002, and expire March 25, 2003. It was the consensus of the City Council that the recommendation be adopted. P-9569 There was presented Mayor and Council Communication No. P- Sound System, 9569 from the City Manager recommending that the City Council Components authorize the purchase of a sound system, components and and Accessories accessories from multiple vendors for the Fort Worth Convention Center using the State of Texas Catalogue purchasing procedures. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 9 of 22 P-9570 There was presented Mayor and Council Communication No. P- Network 9570 from the City Manager recommending that the City Council Hardware authorize a purchase agreement with SBC DataComm for network Maintenance hardware maintenance for the Information Technology Solutions Department using the State of Texas Catalogue purchasing procedures; and authorize this agreement to begin March 26, 2002, and expire March 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-9571 There was presented Mayor and Council Communication No. P- Beretta Pistols 9571 from the City Manager recommending that the City Council authorize a purchase agreement with GT Distributors, Inc. to furnish Beretta pistols for the Police Department, with payment due 30 days after receipt of the invoice with freight included; and authorize this agreement to begin March 26, 2002, and expire March 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. L-13259 There was presented Mayor and Council Communication No. L- Purchase 13259 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lot 9, Block 1 (759 Evans Avenue East Dashwood Street), Schlaters Subdivision, from Fort Worth and Rosedale Housing Finance Corporation, for the development of the Evans Street Business Avenue and Rosedale Street Business and Cultural District (DOE and Cultural 2886) for a cost of $1,250.00, plus estimated closing costs; and District authorize the City Manager to execute the appropriate closing documents, and allow the Engineering Department, Real Property Services Division to file the deed in the City's name. It was the consensus of the City Council that the recommendation be adopted. L-13260 There was presented Mayor and Council Communication No. L- Permanent 13260 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of five permanent sanitary sewer Easements easements described as A-1868, S.T. Rhodes Survey and A-265, J. Chirino Survey, Tarrant County, Texas, from G&G Development Partnership, LTD (DOE 3584) for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 10 of 22 L-13261 There was presented Mayor and Council Communication No. L- Purchase 13261 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lot 5, Block 1 (916 Evans Avenue Evans Avenue), Evans South Addition, from E. A. Lewis Estate, for and Rosedale the development of the Evans Avenue and Rosedale Street Street Business Business and Cultural District (DOE 2886) for a cost of $52,850.00 and Cultural plus estimated closing costs; and authorize the City Manager to District execute the appropriate closing documents, and allow the Engineering Department, Real Property Services Division to file the deed in the City's name. It was the consensus of the City Council that the recommendation be adopted. L-13262 There was presented Mayor and Council Communication No. L- Permanent 13262 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer line Line Easements easement described as A-781, J.W. Haynes Survey, from Irvin E. Frank and Daniel H. Zeligson and one permanent sanitary sewer line easement described as A-398, J.H. Duncan Survey, Tarrant County, Texas from Risinger Corporation (DOE 3512) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2363 There was presented Mayor and Council Communication No. PZ- Ord. #15041 2363 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15041 vacating an 8-foot wide by variable Vacation length utility easement situated in Lot 2, Block 2R, Chamberlin (VA-00-045) Arlington Heights Addition, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2364 There was presented Mayor and Council Communication No. PZ- Ord. #15042 2364 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 15042 vacating a segment of 34th Street, (VA-00-053) situated in Lots 11-15, Block 1, and Lots 1-5, Block 2, Sylvania Industrial District, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2365 There was presented Mayor and Council Communication No. PZ- Ord. #15043 2365 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15043 vacating a 10-foot wide by 122-foot Vacation long utility easement situated in Lot 1 and 22, Block 3, Sun Valley (VA-02-007) Addition, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 11 of 22 PZ-2366 There was presented Mayor and Council Communication No. PZ- Ord. #15044 2366 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 15044 vacating a 15-foot wide by 513.91 to (VA-01-1013) 523.22-foot long alley, situated in Lots 1 through 10, Block 9, and in Lots 6 through 13, Block 10, Forest Park Place Addition, to the City of Fort Worth, Texas. 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 Mayor Pro tempore McCloud, that the recommendation be adopted, as amended. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2367 There was presented Mayor and Council Communication No. PZ- Ord. #15045 2367 recommending that the City Council adopt Ordinance No. Street Vacation 15045 vacating a 60-foot wide by 864-foot long segment of Hilldale (VA-99-060) Road between Brush Creek Road and Wilbarger Street, situated in Lots 1, 7 and 8, Block 3, and Lots 2 and 3, Block 1, Village Creek Industrial Park Addition, Tarrant County, Texas. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19014 There was presented Mayor and Council Communication No. C- Tarrant County 19014 from the City Manager recommending that the City Council 9-1-1 District authorize the City Manager to execute an Interlocal Agreement with Tarrant County 9-1-1 District for the purpose of sharing geographical information data. It was the consensus of the City Council that the recommendation be adopted. C-19015 There was presented Mayor and Council Communication No. C- Grote 19015 from the City Manager recommending that the City Council Consulting authorize the City Manager to execute a professional services Corporation agreement with Grote Consulting Corporation for assistance in CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 12 of 22 designing and implementing a new performance evaluation system, at a cost not to exceed $60,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19016 There was presented Mayor and Council Communication No. C- McMahon 19016 from the City Manager recommending that the City Council Contracting, L.P. authorize the City Manager to execute a contract with McMahon Contracting, L.P. in the amount of $52,551.25 for the construction of a new right turn lane on northbound Hulen Street at the IH-30 Frontage Road. It was the consensus of the City Council that the recommendation be adopted. C-19017 There was presented Mayor and Council Communication No. C- Ord. #15046 19017 from the City Manager recommending that the City Council: Gibson & Associates, Inc. 1. Authorize the City Manager to transfer $404,002.00 from the General Fund to the Contract Street Maintenance Fund; and 2. Adopt Appropriation Ordinance No. 15046 increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $404,002.00 from available funds for the purpose of funding a contract to Gibson & Associates, Inc. for Bridge Repair and Repainting at Various Locations (2002-10); and 3. Authorize the City Manager to execute a contract with Gibson & Associates, Inc. in the amount of $357,524.00 for 90 working days for Bridge Repair and Repainting at Various Locations (2002-10). It was the consensus of the City Council that the recommendation be adopted. C-19018 There was presented Mayor and Council Communication No. C- Ord. #15047 19018 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $587,720.25 from the Water and Co., Inc. Sewer Operating Fund to the Water Capital Project Fund in the amount of $209,691.00 and the Sewer Capital Project Fund in the amount of$378,029.25; and 2. Adopt Appropriation Ordinance No. 15047 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $209,691.00 and the Sewer Capital Project Fund in the amount of $378,029.25 from available funds for the purpose of funding a contract with McClendon Construction Co., Inc. for reconstruction for CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 13 of 22 Glen Garden Avenue, Kingsdale Drive and Timberline Drive, Contract No. 25 with the associated water and sanitary sewer main improvements; and 3. Authorize the City Manager to execute a contract with McClendon Construction Co., Inc. in the amount of $1,076,469.85 for reconstruction of Glen Garden Avenue, Kingsdale Drive and Timberline Drive, Contract No. 25, with associated water and sanitary sewer main improvements, with 200 working days for completion. It was the consensus of the City Council that the recommendation be adopted. C-19019 There was presented Mayor and Council Communication No. C- Ord. #15048 19019 from the City Manager recommending that the City Council: Wendy Lopez & Associates, Inc. 1. Authorize the City Manager to transfer $154,451.00 from the Ass Ass Water and Sewer Fund to the Sewer Capital Project Fund; LopezGarcia and Group 2. Adopt Appropriation Ordinance No. 15048 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $154,451.00 from available funds for the purpose of funding an engineering agreement with Wendy Lopez & Associates, Inc. d/b/a LopezGarcia Group for Sanitary Sewer Rehabilitation Contract LXVI (66); and 3. Authorize the City Manager to execute an engineering agreement with Wendy Lopez & Associates, Inc. d/b/a LopezGarcia Group, in the amount of $148,451.00 for Sanitary Sewer Rehabilitation Contract LXVI (66). It was the consensus of the City Council that the recommendation be adopted. C-19020 There was presented Mayor and Council Communication No. C- Change Order#3 19020 from the City Manager recommending that the City Council to CSC #26676 — authorize Change Order No. 3 in the amount of $43,420.00 to City William J. Secretary Contract No. 26676 with William J. Schultz, Inc. d/b/a Schultz, Inc. Circle "C" Construction Company for construction and sanitary d/b/a Circle "C" sewer Mains D104D, D105, D105A, and D109 Rehabilitation Part II, Construction and water line improvements in Houston Street and Throckmorton Company Street, revising the total contract amount to $1,933,188.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 14 of 22 C-19021 There was presented Mayor and Council Communication No. C- Ord. #15049 19021 from the City Manager recommending that the City Council: Ord. #15050 TxDOT 1. Authorize the City Manager to execute a contract with the Texas Department of Transportation (TxDOT) to operate the Click It or Ticket STEP (Selective Traffic Enforcement Program) on an overtime basis in the amount of $95,661.00 (State: $86,064.00/City: $9,597.00); and 2. Authorize this contract to begin March 1, 2002, and expire December 31, 2002; and 3. Adopt Appropriation Ordinance No. 15049 increasing estimated receipts and appropriations in the Grants Fund in the amount of $95,661.00 from available funds for the purpose of funding a contract with the Texas Department of Transportation to operate the Click It or Ticket STEP (Selective Traffic Enforcement Program); and 4. Adopt Appropriation Ordinance No. 15050 appropriating $9,597.00 to the State Award Assets Fund, and decreasing the Unreserved, Undesignated State Award Assets Fund balance by the same amount for the purpose of providing funding a contract with the Texas Department of Transportation to operate Click It or Ticket STEP (Selective Traffic Enforcement Program); and 5. Authorize the transfer of $9,597.00 from the State Awarded Assets Fund to the Grants Fund for the City's cash match; and 6. Authorize the City Manager to waive indirect costs in the amount of $15,962.00 since indirect costs are not allowed by TxDOT. It was the consensus of the City Council that the recommendation be adopted. C-19022 There was presented Mayor and Council Communication No. C- Alan Plummer 19022 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Alan Plummer Associates, Inc. in the amount of $958,152.00 for the design of the wastewater diversion from the Eagle Mountain Lake drainage basin to the Big Fossil Creek basin and the Lake Worth South Shore Sewer Project. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 15 of 22 C-19023 There was presented Mayor and Council Communication No. C- Ord. #15051 19023 from the City Manager recommending that the City Council: M.E. Burns Construction, 1. Authorize the transfer of $120,614.50 from the Water and Inc. and Stabile Sewer Operating Fund to the Water Capital Project Fund in & Winn, Inc. the amount of $67,828.50, and the Sewer Capital Project Fund in the amount of$52,786.00; and 2. Adopt Appropriation Ordinance No. 15051 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $67,828.50 and the Sewer Capital Project Fund in the amount of $52,786.00 from available funds for the purpose of funding a contract to M.E. Burns Construction, Inc. for 1998 CIP Various Locations, Contract 2001 E Unit I: Water and Sewer Replacements; and 3. Authorize the City Manager to execute a contract with M.E. Burns Construction, Inc. in the amount of $107,314.50 and 45 working days for 1998 Capital Improvement Program (CIP) Various Locations, Contract 2001E Unit I: Water and Sewer Replacements; and 4. Authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount $787,207.30 and 175 working days for 1998 CIP Various Locations, Contract 2001 E Unit II: Paving Improvements Alternate No. 1. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19024 There was presented Mayor and Council Communication No. C- Potomic Heights 19024 from the City Manager recommending that the City Council Development authorize the City Manager to execute a Community Facilities Corporation Agreement with Potomic Heights Development Corporation for the installation of water and sewer services to serve Shadow Glen Estates, a future single-family development. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19025 There was presented Mayor and Council Communication No. C- F.J.M. 19025 from the City Manager recommending that the City Council Properties, LP authorize the City Manager to execute a Community Facilities Agreement with F.J.M. Properties, LP for the installation of water CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 16 of 22 and sewer services to serve Summerfields Addition, Block 176 and 177, a future single-family development. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19026 There was presented Mayor and Council Communication No. C- Ord. #15052 19026 from the City Manager recommending that the City Council City of Burleson 1. Authorize the City Manager to enter into a five-year, renewable Interlocal Agreement with the City of Burleson for the provision of automated library services; and 2. Adopt Appropriation Ordinance No. 15052 increasing estimated receipts and appropriations in the Special Revenue Fund in the amount of $80,025.00 from funds received from the City of Burleson pursuant to an Interlocal Agreement for the provision automated library circulation and related services by the City of Fort Worth. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19027 There was presented Mayor and Council Communication No. C- LaGrave 19027 from the City Manager recommending that the City Council Reconstruction authorize the City Manager to execute a Community Facilities Company, L.L.C. Agreement with LaGrave Reconstruction Company, L.L.C. for the design and construction of street and storm drainage improvements in the LaGrave Field area at an estimated cost to the City of $113,012.00. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19028 There was presented Mayor and Council Communication No. C- UTA 19028 from the City Manager recommending that the City Council authorize the City Manager to execute a Sponsored Research Agreement in an amount not to exceed $61,214.00 with the University of Texas at Arlington (UTA) under which UTA will study the impact of the relocation of residents of the Ripley Arnold Apartments and the effectiveness of the relocation process. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 17 of 22 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: Council Member Lane Public Hearing It appeared that the City Council at its meeting of February 26, 919 Humbolt 2002, continued the public hearing for the Appeal of the Order of Street the Building Standards Commission regarding 919 Humbolt Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council, presented a staff report regarding property located at 919 Humbolt Street, and recommended that the Council uphold the decision of the Building Standards Commission and stated that a letter had been received by the owner requesting Council continue this case. There being no one present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 919 Humbolt Street, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission by assessing a Civil Penalty of $9,100.00. The motion carried unanimously. Council Member Moss stated that this property was located in Council District 8 instead of 5. Public Hearing It appeared that the City Council set today as the date for a public 1613 Lee hearing for the Appeal of the Order of the Building Standards Avenue (Rear Commission regarding 1613 Lee Avenue (Rear Only). Mayor Barr Only) asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council, presented a staff report regarding property located at 1613 Lee Avenue (Rear Only), and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$1,500.00. Norman Hoover Mr. Norman Hoover, 3841 Bellaire Circle, owner of the property, appeared before Council in opposition of the civil penalty. He stated that he had two other properties on the substandard list when this case went before the Building Standards Commission (BSC) and had inadvertently let the time expire to demolish the CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 18 of 22 structure on this property. He stated that once he realized his error, he immediately demolished the structure and requested that Council overturn the decision of the BSC. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 1613 Lee Avenue (Rear Only), Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $1,500.00. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 4861 East hearing for the Appeal of the Order of the Building Standards William Springs Commission regarding 4861 East William Springs Road. Mayor Road Barr asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council, presented a staff report regarding property located at 4861 East William Springs Road, and recommended that Council uphold the decision of the Building Standards Commission to demolish the structure. He stated that staff was available to assist the owner in the demolition and clearing the area of debris. Florence Ms. Florence Hopkins, 3201 Sondra Drive #11, owner of the Hopkins property, appeared before Council and requested she be given additional time to remove her personal items before demolishing the structure. Mayor Barr requested that staff work with Ms. Hopkins to allow for removal of her personal items before demolition occurs. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 4861 East William Springs Road, Council Member Wentworth made a motion, seconded by Council Member Davis, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission to demolish the structure. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 19246 th Avenue hearing for the Appeal of the Order of the Building Standards Commission regarding 1924 6t" Avenue. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 19 of 22 Mr. Carl Smart, Code Compliance Director, appeared before the City Council, presented a staff report regarding property located at 19246 th Avenue, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $31,000.00. Joseph Yamin Mr. Joseph Yamin, P. O. Box 4496, owner of the property, appeared before Council and briefed them on the delay of repairing this structure. Council Member Davis expressed her appreciation to the Building Standards Commission for upholding the Council's decision to impose a Civil Penalty. She added however, that residents of the Fairmount Neighborhood Association had informed her that repair to this structure was progressing quickly and would be completed soon. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 1924 6t" Avenue, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed, a delay of 60 days of the civil penalty assessment be granted in order to complete the repairs, and that Mr. Yamin file progress reports on the repair progress every 30 days. The motion carried unanimously. Citizen Ms. Stephanie Pivec, 1608 Impala Drive, Crowley, Texas, appeared Presentations before Council in opposition of the proposed annexation. Stephanie Pivec Leroy Comley Mr. Leroy Comley, 2604 Market Street, appeared before Council requesting speed humps for Market Street and drew attention to commercial truck traffic using residential streets as a cut through. Mayor Barr prefaced the following citizen presentations relative to the City's proposed annexation of 55 square miles of land within it's extraterritorial jurisdiction by stating that Council would take no action on the proposed annexation as it was not reflected on the posted agenda. He informed the citizens that the Council would be briefed on last night's information meeting at Will Rogers Memorial Auditorium immediately after the Council Meeting adjourned. He stated that before Council voted on the annexation, staff would provide all the information possible acquired from various studies, then a service plan and timeline schedule would CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 20 of 22 need to be developed. He added that the cost of annexing the land would be evaluated as well as the cost of not annexing the land. Mayor Barr further stated that Council appreciated the fact that residents of the affected areas were at the meeting to inform Council of their concerns. The following individuals appeared before Council and expressed opposition to the proposed annexation: J. D. Johnson Commissioner J. D. Johnson 11573 Gilmore Creek Road Glen Whitley Commissioner Glen Whitley Jim Munkittrick Mr. Jim Munkittrick 10307 Round Hill Road John Mitchem Mr. John A. Mitchem 6201 Silver Rock Lane Mike Maas Mr. Mike Maas 906 S. Center, Grand Prairie, TX Peter Ryan Mr. Peter Ryan 4025 Lake Oaks Circle Darlia Hobbs Ms. Darlia Hobbs 8113 Anchorage Place Tom Brasfield Mr. Tom Brasfield 7700 Randol Mill Road Terry Cassidy Mr. Terry Cassidy 3948 Lake Oaks Circle Georgia Snyder Ms. Georgia R. Snyder 554 Aviator Drive Greg Lee Mr. Greg Lee 2132 Meadow Springs Drive Mike Beardmore Mr. Mike Beardmore 9400 Harbour View Lane Executive Mayor Barr stated that Council would recess into Executive Session Session and reconvene to hear the remaining Citizen Presentations. It was the consensus of the City Council that they recess into Executive Session at 12:47 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: a) Judy Perez, Individually and as next friend of Rogelio Sanchez, Jr. v. Marion Collinsworth and City of Fort Worth, Cause No. 67-182123-00; b) Cynthia DeOreo v. City of Fort Worth, Cause No. 00-08- 0455 (Wise County); c) Baumgartner v. Dudley J. Seals, III and City of Fort Worth, Cause No. 96-187784-01; CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 21 of 22 d) Luis T. Hernandez, et al v. City of Fort Worth, et al, Civil Action No. 4:99-CV-0318; e) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; 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 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 1:49 p.m. Citizen Mr. Michael Meagher 1022 W. Normandale Presentations Ms. Donna McMeen 8283 Eagle Mountain Drive Continued Mr. Thomas Rey 6309 Silver Rock Lane Michael Meagher Ms. Ann Souders 10332 Round Hill Road Donna McMeen Mr. Robert A. Hobbs, Jr. 8113 Anchorage Place Thomas Rey Ms. Nancy Terrell 5808 Azteca Ann Souders Mr. Jim Partington 529 Aviator Drive Robert Hobbs Mr. Bo Lisby 11508 Alpine Court Nancy Terrell Ms. Anita Reed 1713 Greenway Crossing Drive, Jim Partington Haslet, TX Bo Lisby Mr. Michael Moore 11748 N. Shores Drive Anita Reed Mr. Richard Taylor 6608 Red Bud Road Michael Moore Mr. Michael Wells 10324 Creek Hollow Lane Richard Taylor Mr. Philippe LaLonde 6617 Red Bud Road Michael Wells Ms. Annette Lindstrom 1921 Golden Heights Philippe Mr. Rex Burkheimer 113 Corral Drive, Keller, TX LaLonde Ms. Celia Burkheimer 113 Corral Drive, Keller, TX CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 26, 2002 PAGE 22 of 22 Annette Mr. Kenneth L. Huffman 9936 Boat Club Road Lindstrom Mr. Richard A. Sukup 11615 Harbor East Drive Rex Burkheimer Ms. Kay Davis 3800 Harbour View Court Celia Mr. Mike Barton 9287 Dickson Road Burkheimer Ms. Debby Jackson 3812 Harbour Creek Court Kenneth Mr. Jim Riscky 8300 Samora Court Huffman Mr. Brad Ekstrom 3809 Harbour View Court Richard Sukup Ms. Helen D. Goss 81 Corral Drive North, Keller, Kay Davis TX Mike Barton Mr. Rodney Nesbitt 14549 Valetta Ranch Road, Debby Jackson Roanoke, TX Jim Riscky Mr. Allen Blakeman 9269 Dickson Road Brad Ekstrom Mr. D. J. "Bud" Starnes 6461 E. Peden Road Helen Goss Mr. Bruce Kalapach 9309 Harbour Breeze Lane Rodney Nesbitt Mr. John Bullard 2905 Camaro Allen Blakeman Mr. Albert Gregor 9862 Boat Club Road Bud Starnes Mr. James Rollins 6162 Park Road Bruce Kalapach Ms. Tammy Maas 8109 Anchorage Place John Bullard Mr. Norman Cline 4906 Ray White Road, Keller, Albert Gregor TX James Rollins Mr. Greg Williams 10213 Canary Lane, Keller, TX Tammy Maas Mr. Vince Sprinkle 9117 S. Water Tower Norman Cline Greg Williams Vince Sprinkle Adjournment There being no further business, the meeting was adjourned at 3:55 p.m.