HomeMy WebLinkAbout2002/05/21-Minutes-City Council CITY COUNCIL MEETING
MAY 21, 2002
Date & Time On the 21St day of May, A.D., 2002, the City Council of the City of
Fort Worth, Texas, met in regular session at 10:05 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, Jeff
Wentworth, and Wendy Davis; City Manager Gary Jackson; City
Attorney David Yett; Assistant City Secretary Sylvia Glover.
Council Member Clyde Picht was absent. With more than a
quorum present, the following business was transacted:
Invocation The invocation was given by Pastor Ken Ehrke, Agape Metropolitan
Community Church.
Pledge The Pledge of Allegiance was recited.
Minutes On motion of Council Member Haskin, seconded by Mayor Pro
tempore McCloud, the minutes of the regular meeting of May 14,
2002, were approved unanimously.
Special Mr. Dan Petty, representing the North Texas Clear Air Coalition,
Presentations presented a TXU Community Grant to the Environmental
Management Department.
Announcements Council Member Lane announced that on May 23, 2002, the first
Fort Worth Cats game would be played at LaGrave Field. He
introduced Mr. Carl Bell who expressed appreciation to the Council
and City staff for their support and stated that it was an example of
a true partnership between private enterprise and the City of Fort
Worth. He added that opening ceremonies would start at 6:00 p.m.
and the game at 7:05 p.m. with former Cats veteran, Maury Wills,
throwing the first pitch. He presented each Council Member with
tickets to the game and a Cats baseball cap and invited everyone
to go out and enjoy the game. Mayor Barr thanked Mr. Bell for his
vision and leadership and stated that LaGrave Field was part of
rebuilding the City of Fort Worth, especially on the north side, and
acknowledged Assistant City Attorneys Peter Vaky and Cynthia
Garcia for their assistance in this endeavor.
Withdrawn from City Manager Jackson requested that Mayor and Council
Consent Agenda Communication Nos. P-9600, PZ-2372, and C-19093 be withdrawn
from the consent agenda.
Continued/ City Manager Jackson requested that Mayor and Council
Withdrawn By Communication Nos. PZ-2372 be continued for one week and that
Staff C-19080 be continued for two weeks.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 2 of 18
Consent Agenda On motion of Council Member Haskin, seconded by Council
Member Davis, the consent agenda, as amended, was adopted
unanimously.
Appointments Council Member Haskin stated that Mr. Richard Romero had
resigned from the Human Relations Commission as he was
relocating to Washington DC and wished him well. She made a
motion, seconded by Council Member Davis, to appoint Ms.
Roberta Florez to Place 5 on the Animal Shelter Advisory Board,
and that Mr. William Boecker be appointed to Place 3 (Realtor) on
the Downtown Design Review Board, with both appointments
effective May 21, 2002, and with terms expiring October 1, 2003.
The motion carried unanimously.
Ord. #15100 There was presented Ordinance No. 15100 by the City Council of
Texas Water and the City of Fort Worth, authorizing the issuance and sale of City of
Sewer System Fort Worth, Texas, Water and Sewer System Subordinate Lien
Subordinate Revenue Bonds, Series 2002, and ordaining other matters related
Lien Revenue thereto. Council Member Wentworth made a motion, seconded by
Bonds, Series Council Member Davis, that the ordinance be adopted. The motion
2002 carried unanimously.
Res. #2833 There was presented Resolution No. 2833 by the City Council of
Intervene in Gas the City of Fort Worth, authorizing the City of Fort Worth to
Utility Docket intervene in Gas Utility Docket No. 9292 before the Railroad
No. 9292 Before Commission of Texas. Council Member Lane made a motion,
Railroad seconded by Council Member Haskin, that the resolution be
Commission adopted. The motion carried unanimously.
Res. #2834 There was presented Resolution No. 2834 by the City Council of
Intervene in Gas the City of Fort Worth, authorizing the City of Fort Worth to
Utility Docket intervene in Gas Utility Docket No. 9304 before the Railroad
No. 9304 Before Commission of Texas. Council Member Lane made a motion,
Railroad seconded by Council Member Haskin, that the resolution be
Commission adopted. The motion carried unanimously.
Res. #2835 There was presented Resolution No. 2835 by the City Council of
Appointment to the City of Fort Worth, appointing Council Member Frank Moss to
Board of the Board of Directors of Tax Increment Reinvestment Zone
Directors Tax Number Two (Speedway TIF), City of Fort Worth, Texas.
Increment
Reinvestment Council Member Haskin requested that appointments to such
Zone No. 2 boards be brought to the full Council for discussion before being
placed on the agenda for vote and to look into providing more
diversity on this board.
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 3 of 18
Council Member Lane made a motion, seconded by Council
Member Davis, that the resolution be adopted. The motion carried
unanimously.
OCS-1282 There was presented Mayor and Council Communication No. OCS-
Claims 1282 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.
OCS-1283 There was presented Mayor and Council Communication No. OCS-
Res. No. 2836 1283 from the Office of the City Secretary recommending that the
Setting Regular City Council adopt Resolution No. 2836 setting the regular zoning
Zoning Hearing hearing for June 11, 2002. Council Member Haskin made a motion,
seconded by Council Member Davis, that the recommended be
adopted. The motion carried unanimously.
G-13610 There was presented Mayor and Council Communication No. G-
Ord. #15101 13610, dated April 30, 2002, from the City Manager recommending
Amend Speed that the City Council approve certain amendments to the City's
Zone Ordinance Speed Zone Ordinance, Chapter 22 of the City Code, by adopting
Ordinance No. 15101 amending Chapter 22 Motor Vehicles and
Traffic of the Code of the City of Fort Worth (1986), as amended, by
amending Subsection Subsections (f) and (g) of Section 22-86 of
Article III thereof by changing location, extent and/or speed limits
of certain speed zones; providing that this ordinance shall be
cumulative of all provisions of ordinances and of such code
affecting motor vehicles and traffic.
Council Member Wentworth made a motion, seconded by Mayor
Pro tempore McCloud, that the recommended be adopted.
Council Member Silcox stated that he disapproved with the speed
limit increase as it related to SH 183 on Southwest Boulevard, from
Vickery to the traffic circles. He added that he could not support
the increase as this was a residential part of town, a safety
concern, and people should be encouraged to slow down, not drive
faster.
Mr. George Behmanesh, Acting Director of the Transportation/
Public Works Department, stated that speed limits are set based on
traffic surveys performed by the Texas Department of
Transportation (TxDOT). Their study for this area revealed that at
the 85 percentile, the traveling public drives at 46 miles per hour
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 4 of 18
and that a survey conducted by the City revealed the public drives
at 49 miles per hour. He added that according to TXDoT policy, the
speed limit had to be posted as close to the 46 mile per hour speed
as possible.
City Attorney Yett stated that this was a State highway and
therefore the City had no alternative but to follow TXDoT's advice
and State law and increase the speed limits.
The motion carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Moss,
Wentworth, and Davis
NOES: Council Member Silcox
ABSENT: Council Member Picht
G-13625 There was presented Mayor and Council Communication No. G-
Res. #2837 13625 from the City Manager recommending that the City Council
Optional adopt Resolution No. 2837 authorizing the Optional Participation of
Participation in the City of Fort Worth in the Texas Short Term Asset Reserve
TexSTAR Program (TexSTAR) as a possible investment option for the City's
short-term investment portfolio. It was the consensus of the City
Council that the recommendation be adopted.
P-9598 There was presented Mayor and Council Communication No. P-
Crushed 9598 from the City Manager recommending that the City Council
Limestone and authorize a purchase agreement with multiple vendors for crushed
Rip Rap limestone and rip rap for the Water Department, Field Operations
Division based on the low bid meeting specifications with payment
due 30 days from the date of the invoice; and authorize this
agreement to begin May 21, 2002, and expire May 20, 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-9599 There was presented Mayor and Council Communication No. P-
Dell Server 9599 from the City Manager recommending that the City Council
Components authorize a sole source purchase agreement with Dell Computer
Corporation for Dell server components to make necessary
upgrades to the Library Department's servers using the State of
Texas Catalogue purchasing procedures at a total cost of
$30,051.50. It was the consensus of the City Council that the
recommendation be adopted.
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 5 of 18
P-9600 There was presented Mayor and Council Communication No. P-
Microsoft Server 9600 from the City Manager recommending that the City Council
Licenses authorize a purchase agreement with Software House International
for Microsoft server licenses at the Deep Educational Discount for
the Library Department for an estimated cost of $31,941.10.
City Manager Jackson stated that the Recommendation section of
the M&C needed to be amended to reflect the estimated purchase
price as "$27,408.50" and not "$31,941.10."
Council Member Davis made a motion, seconded by Council
Member Haskin, that Mayor and Council Communication No. P-
9600 be adopted, as amended. The motion carried unanimously
P-9601 There was presented Mayor and Council Communication No. P-
Boiler System 9601 from the City Manager recommending that the City Council
Repairs authorize a purchase agreement with T. F. Tigert Company, Inc. to
provide boiler system repairs for the City of Fort Worth based on
the low bid meeting specifications with payment due 30 days from
the date of the invoice; and authorize this agreement to begin May
27, 2002, and expire May 26, 2003, with an option to renew for two
successive one-year periods. It was the consensus of the City
Council that the recommendation be adopted.
P-9602 There was presented Mayor and Council Communication No. P-
Flowable Fill 9602 from the City Manager recommending that the City Council
Material Service authorize a purchase agreement with Custom-Crete for flowable fill
material service for the Water Department, Field Operations
Division based on the low bid meeting specifications with payment
due 30 days from the date of the invoice; and authorize this
agreement to begin May 21, 2002, and expire May 20, 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-9603 There was presented Mayor and Council Communication No. P-
Reflective Glass 9603 from the City Manager recommending that the City Council
Beads authorize a purchase agreement with Flex-O-Lite, Inc. to provide
reflective glass beads for marking runways at Fort Worth Meacham
International Airport based on the low bid meeting specifications
with payment due 30 days from the date of the invoice; and
authorize this agreement to begin May 21, 2002, and expire May 20,
2003, with an option to renew for two successive one-year periods.
It was the consensus of the City Council that the recommendation
be adopted.
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 6 of 18
P-9604 There was presented Mayor and Council Communication No. P-
Reject Bids and 9604 from the City Manager recommending that the City Council
Authorize the authorize the rejection of bids received for the Summer Food
Issue of Request Program; and authorize the issue of a Request for Quotations for
for Quotations the Summer Food Program for the Parks and Community Services
for Summer Department. Council Member Moss made a motion, seconded by
Food Program Council Member Davis, that the recommendation be adopted. The
motion carried unanimously.
P-9605 There was presented Mayor and Council Communication No. P-
Furnish Meals 9605 from the City Manager recommending that the City Council
for Summer authorize a purchase agreement with Senior Citizens of Greater
Food Program Tarrant County, Inc. to furnish meals for the Summer Food
Program for the Parks and Community Services Department; and
authorize this agreement to begin June 3, 2002, and expire August
9, 2002. Council Member Davis made a motion, seconded by
Council Member Moss, that the recommendation be adopted. The
motion carried unanimously.
L-13303 There was presented Mayor and Council Communication No. L-
Sanitary Sewer 13303 from the City Manager recommending that the City Council
Easement release and abandon a 14,732 square foot sanitary sewer easement
located at the northeast corner of Green Oaks Road and Ridgmar
Boulevard, dedicated to the City of Fort Worth National Bank,
Tarrant County, Texas. It was the consensus of the City Council
that the recommendation be adopted.
L-13304 There was presented Mayor and Council Communication No. L-
Permanent 13304 from the City Manager recommending that the City Council
Easement approve the acceptance of one permanent easement described as
Lot 1, Block 1, Eagle Mountain-Saginaw ISD school site, Tarrant
County, Texas, from Eagle Mountain-Saginaw Independent School
District (DOE 3631) needed for the purpose of constructing
sanitary sewer improvements in the Lake Crest Estates, for a total
cost of $1.00. It was the consensus of the City Council that the
recommendation be adopted.
L-13305 There was presented Mayor and Council Communication No. L-
Condemnation 13305 from the City Manager recommending that the City Council
of Property for declare the necessity of taking an interest in Lots 13, Block 16,
Construction of Fairview Heights Addition, Tarrant County, Texas, for the
East Fogg Street construction of East Fogg Street; and authorize the City Attorney
to institute condemnation proceedings to acquire the interest of
the land. It was the consensus of the City Council that the
recommendation be adopted.
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 7 of 18
L-13306 There was presented Mayor and Council Communication No. L-
Condemnation 13306 from the City Manager recommending that the City Council
of Property for declare the necessity of taking an interest in Lots 11 and 12, Block
Construction of 16, Fairview Heights Addition, Tarrant County, Texas, for the
East Fogg Street construction of East Fogg Street; and authorize the City Attorney
to institute condemnation proceedings to acquire the interest in
the land. It was the consensus of the City Council that the
recommendation be adopted.
L-13307 There was presented Mayor and Council Communication No. L-
Condemnation 13307 from the City Manager recommending that the City Council
of Property for declare the necessity of taking an interest in Lots 12 and 13, Block
Construction of 3, Weisenberger Addition, Tarrant County, Texas, for the
East Fogg Street construction of East Fogg Street; and authorize the City Attorney
to institute condemnation proceedings to acquire the interest in
the land. It was the consensus of the City Council that the
recommendation be adopted.
L-13308 There was presented Mayor and Council Communication No. L-
Purchase 13308 from the City Manager recommending that the City Council
Property for approve the purchase of property described as Lot 16, Block 3
Development of (1012 Missouri Avenue), Evans South Addition, from Reverend L.
Evans Avenue B. George for the development of the Evans Avenue and Rosedale
and Rosedale Street Business and Cultural District (DOE 2886) in the amount of
Street Business $41,500.00 plus estimated closing costs; and authorize the City
and Cultural Manager to execute the appropriate closing documents, and allow
District 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-13309 There was presented Mayor and Council Communication No. L-
Right-of-Way 13309 from the City Manager recommending that the City Council
Acquisition of approve the right-of-way acquisition of one parcel described as Lot
One Parcel 6, Block 32, Westcliff Addition, Tarrant County, Texas, from
Christian Ministries, Inc., for the Granbury Road/Wabash Avenue
Intersection Improvement Project (DOE 3367), for a total cost of
$120.00. It was the consensus of the City Council that the
recommendation be adopted.
L-13310 There was presented Mayor and Council Communication No. L-
Purchase 13310 from the City Manager recommending that the City Council
Property as Part authorize the acquisition of property described as Lot 2 and the
of Mercado Fort South half of Lot 19, Block 58 (1442 and 1444 North Main Street and
Worth Project 1419 North Commerce Street), Googins Subdivision, Fort Worth,
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 8 of 18
Tarrant County, Texas from Sarah B. Gallegos (Individually and as
Trustee of the Alex S. Gallegos Testamentary Trust), as part of the
Mercado Fort Worth Project, in the amount of $85,000.00, plus
estimated closing costs of $5,000.00 for a total cost of $90,000.00.
Council Member Lane made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried unanimously.
L-13311 There was presented Mayor and Council Communication No. L-
Partial Release 13311 from the City Manager recommending that the City Council
of Sanitary release and abandon a 1,294 square foot portion of the sanitary
Sewer Easement sewer easement dedicated to the City of Bank One Texas, N.A.,
Trustee, J.M. Leonard Testamentary Trust, Tarrant County, Texas.
Council Member Davis made a motion, seconded by Council
Member Haskin, that the recommendation be adopted. The motion
carried unanimously.
PZ-2371 There was presented Mayor and Council Communication No. PZ-
Ord. #15102 2371 from the City Manager recommending that the City Council
Drainage adopt Ordinance No. 15102 vacating a variable width drainage
Easement easement containing approximately 4.680 square feet, located in
Vacation Lot 3R-1, Block 2, Cityview Addition, an addition to the City of Fort
(VA-01-006) Worth, Tarrant County, Texas. It was the consensus of the City
Council that the recommendation be adopted.
PZ-2372 It was the consensus of the City Council that Mayor and Council
Continued for Communication No. PZ-2372, Adoption of Ordinance Vacating a
One Week Portion of Bryce Avenue, Located within a Portion of Revised
Block D, Chamberlin Arlington Heights Addition, and Lots D, E, and
F, Block 31, Chamberlin Arlington Heights Addition, First Filing,
Fort Worth, Texas, be continued for one week.
Mayor Barr stated that this item was being continued for one week
as recommended by City Manager Jackson based on questions
raised in the Pre-Council Meeting.
Jim Schell Mr. Jim Schell, 901 Fort Worth Club, appeared before Council and
stated that he would have asked for a continuation of this issue to
address Council Member Wentworth's questions raised in the Pre-
Council Meeting. He added that there had been some
misinformation and that it was his understanding that Mr. McNair
planned to move into his house in June 2002. Mr. Schell further
stated that he did not know where the two-year construction period
surfaced, but that he would address all Council concerns next
week.
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 9 of 18
PZ-2373 There was presented Mayor and Council Communication No. PZ-
Ord. #15103 2373 from the City Manager recommending that the City Council
Various Utility adopt Ordinance No. 15103 vacating various 7.5-feet wide by 37.5-
Easements feet long utility easements containing 4,500 square feet, situated in
Vacation Lots 11, 13, 15, 16, 17, 20, 21, 22, 24, 26, 27, 30, 31, 33, 35 and 36,
(VA-02-031) Block 176, Summerfields Addition to the City of Fort Worth, Tarrant
County, Texas. It was the consensus of the City Council that the
recommendation be adopted.
PZ-2374 There was presented Mayor and Council Communication No. PZ-
Ord. #15104 2374 from the City Manager recommending that the City Council
Alley Vacation adopt Ordinance No. 15104 vacating a 5-foot wide by 465-foot long
(VA-002-001) alley containing approximately 2.326 square feet, located between
Northwest 21St Street and Northeast 14t Street, and west of North
Grove Street, and along the rear of Lots 6 through 14, Block 182,
Aetna Land Company Subdivision and M. G. Ellis Addition, Fort
Worth, Tarrant County, Texas.
Council Member Moss informed Council that he had a conflict with
this issue, 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 Lane, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
PZ-2375 There was presented Mayor and Council Communication No. PZ-
Ord. #15105 2375 from the City Manager recommending that the City Council
Utility Easement adopt Ordinance No. 15105 vacating an 8-foot wide by 400-foot
Vacation long utility easement containing 3,200 square feet, located along
(VA-01-1005) Lots 1 through 4 and 27 through 30, Block 4, Trentman City
Addition to the City of Fort Worth, Texas, located in the Mary Horn
Survey, Abstract No. 691, Tarrant County, Texas.
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 10 of 18
Council Member Moss informed Council that he had a conflict with
this issue, had filed a Conflict of Interest Affidavit with the City
Secretary, and would abstain from voting.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
PZ-2376 There was presented Mayor and Council Communication No. PZ-
Ord. #15106 2376 from the City Manager recommending that the City Council
Alley Vacation adopt Ordinance No. 15106 vacating a 15-foot wide by 347.58-foot
(VA-02-004) long alley containing 5,214 square feet, between Lots 1 and 9,
Anderson's Subdivision, Lots 1 through 5, 6A and 7a, Cora Smith
Addition, and Lots 1 through 3, Robert E. Lee Anderson's
Subdivision, all located in Tarrant County, Texas.
Council Member Moss informed Council that he had a conflict with
this issue, had filed a Conflict of Interest Affidavit with the City
Secretary, and would abstain from voting.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
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FORT WORTH, TEXAS
MAY 21, 2002
PAGE 11 of 18
PZ-2377 There was presented Mayor and Council Communication No. PZ-
Ord. #15107 2377 from the City Manager recommending that the City Council
Alley Vacation adopt Ordinance No. 15107 vacating a 15-foot wide by 775-foot
(VA-02-014) long alley containing 11,625 square feet, located between Lots 1
through 30, Block 46, Highland Park Addition, City of Fort Worth,
Tarrant County, Texas.
Council Member Moss informed Council that he had a conflict with
this issue, had filed a Conflict of Interest Affidavit with the City
Secretary, and would abstain from voting.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
PZ-2378 There was presented Mayor and Council Communication No. PZ-
Ord. #15108 2378 from the City Manager recommending that the City Council
Alley Vacation adopt Ordinance No. 15108 vacating a 20-foot wide by 550-foot
(Va-02-015) long alley containing 11,000 square feet, located along Lots 1
through 24, Block 102, M. G. Ellis Addition, Fort Worth, Texas, and
located between Elmwood Avenue and East Jefferson Avenue,
Tarrant County, Texas.
Council Member Moss informed Council that he had a conflict with
this issue, had filed a Conflict of Interest Affidavit with the City
Secretary, and would abstain from voting.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 12 of 18
PZ-2379 There was presented Mayor and Council Communication No. PZ-
Ord. #15109 2379 from the City Manager recommending that the City Council
Street and Utility adopt Ordinance No. 15109 vacating a portion of Harwen Terrace
Easements located between Blocks 33 and 36 measuring 265 feet long by 50
Vacation feet wide, containing 13,250 square feet; and utility easements
(VA-02-027) along Lots 1 through 10, Block 33; and Lots 1 through 10, Block 36,
measuring 265 feet by 8 feet, containing 2,120 square feet each, all
in the Bluebonnet Hills Addition, Fort Worth, Tarrant County,
Texas.
Council Member Moss informed Council that he had a conflict with
this issue, had filed a Conflict of Interest Affidavit with the City
Secretary, and would abstain from voting.
Council Member Wentworth made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
C-19080 It was the consensus of the City Council that Mayor and Council
Continued for Communication No. C-19080, dated May 14, 2002, Execute a
Two Weeks Contract with Songer Construction, Inc. for Construction of Fire
Station No. 39, be continued for two weeks.
C-19087 There was presented Mayor and Council Communication No. C-
Golden Eagle 19087 from the City Manager recommending that the City Council
Acquisitions, authorize the City Manager to enter into a consent agreement with
LLC Golden Eagle Acquisitions, LLC authorizing the installation of
conduits in the 2400 block of Western Center Boulevard. It was the
consensus of the City Council that the recommendation be
adopted.
C-19088 There was presented Mayor and Council Communication No. C-
Amendment #1 19088 from the City Manager recommending that the City Council
to CSC #24591 — authorize the City Manager to execute Amendment No. 1 to City
Halff Associates, Secretary Contract No. 24591 with Halff Associates, Inc. to design
Inc. additional water and sanitary sewer lines along BU287P in the
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 13 of 18
amount of $39,000.00, thereby increasing the contract amount to
$185,430.00. It was the consensus of the City Council that the
recommendation be adopted.
C-19089 There was presented Mayor and Council Communication No. C-
Amendment #1 19089 from the City Manager recommending that the City Council
to CSC #26807 — authorize the City Manager to execute Amendment No. 1 to City
TranSystems Secretary Contract No. 26807 with TranSystems Corporation
Corporation Consultants for additional work to the sanitary sewer Main 244A
Consultants parallel relief study and design in the amount of $179,141.48,
increasing the total contract amount to $906,901.48. It was the
consensus of the City Council that the recommendation be
adopted.
C-19090 There was presented Mayor and Council Communication No. C-
Ord. #15110 19090 from the City Manager recommending that the City Council:
George
Kountoupes 1. Authorize the transfer of $327,771.00 from the Water and
Painting Sewer Operating Fund to the Sewer Capital Project Fund;
Company and
2. Adopt Appropriation Ordinance No. 15110 increasing
estimated receipts and appropriations in the Sewer Capital
Project Fund in the amount of $327,771.00 from available
funds for the purpose of funding an award of contract to
George Kountoupes Painting Company for repair and
repainting of a service tower at the Village Creek Wastewater
Treatment Plant; and
3. Authorize the City Manager to execute a construction
contract with George Kountoupes Painting Company in the
amount of $310,000.00 for the repair and repainting of a
service tower at the Village Creek Wastewater Treatment
Plant.
It was the consensus of the City Council that the recommendation
be adopted.
C-19091 There was presented Mayor and Council Communication No. C-
Res. #2838 19091 from the City Manager recommending that the City Council
Johnson County approve Resolution No. 2838 approving an interlocal agreement
with Johnson County, Texas for regulation of subdivision plats and
approval of related permits in the City's extraterritorial jurisdiction.
It was the consensus of the City Council that the recommendation
be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 14 of 18
C-19092 There was presented Mayor and Council Communication No. C-
Ord. #15111 19092 from the City Manager recommending that the City Council:
Change Order#1
— Gilco 1. Authorize the transfer of $88,000.00 from the Water and
Contracting, Inc. Sewer Operating Fund to the Water Capital Projects Fund in
the amount of $82,000.00 and the Sewer Capital Projects
Fund in the amount of$6,000.00; and
2. Adopt Appropriation Ordinance No. 15111 increasing
estimated receipts and appropriations in the Water Capital
Projects Fund in the amount of $82,000.00 and the Sewer
Capital Projects Fund in the amount of $6,000.00 from
available funds for the purpose of funding Change Order No.
1 with Gilco Contracting, Inc. for the widening of North
Beach Street from Basswood Boulevard to Shiver Road; and
3. Authorize the City Manager to execute Change Order No. 1
with Gilco Contracting, inc. for the widening of North Beach
Street from Basswood Boulevard to Shiver Road in the
amount of $387,190.30 thereby increasing the contract
amount to $4,613,461.45.
It was the consensus of the City Council that the recommendation
be adopted.
C-19093 There was presented Mayor and Council Communication No. C-
TranSystems 19093 from the City Manager recommending that the City Council
Corporation authorize the City Manager to execute an engineering services
Consultants contract with TranSystems Corporation Consultants for the
geotechnical investigation, design, and inspection of the East First
Street bridge repairs in an amount not to exceed $40,000.00.
City Manager Jackson stated that the Discussion section of the
M&C needed to be amended to include the following M/WBE
statement:
"M/WBE — TranSystems Corporation Consultants is in compliance
with the City's M/WBE Ordinance by committing to ten percent
M/WBE participation. The City's goal on this project is ten
percent."
Council Member Davis made a motion, seconded by Council
Member Haskin, that Mayor and Council Communication No. C-
19093 be adopted, as amended. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 15 of 18
C-19094 There was presented Mayor and Council Communication No. C-
McClendon 19094 from the City Manager recommending that the City Council
Construction authorize the City Manager to execute a contract with McClendon
Company, Inc. Construction Company, Inc. in the amount of $935,919.93 for
reconstruction of Avenue J, Livingston Avenue and Pine Street
with associated water and sanitary sewer improvements. It was
the consensus of the City Council that the recommendation be
adopted.
C-19095 There was presented Mayor and Council Communication No. C-
Change Order#1 19095 from the City Manager recommending that the City Council
to CSC #27071 — authorize the City Manager to execute Change Order No. 1 to City
Eagle Secretary Contract No. 27071 with Eagle Contracting, L. P. for
Contracting L.P. Rolling Hills Water Treatment Plant — Facilities Upgrade and 40
million gallons per day Expansion, Phase 1 — Ozonation Facilities I
the amount of $279,082.21, thereby increasing the contract amount
to $16,317,082.21. It was the consensus of the City Council that the
recommendation be adopted.
C-19096 There was presented Mayor and Council Communication No. C-
CDBG Year 19096 from the City Manager recommending that the City Council
XXVIII, ESG and authorize the City Manager to execute Community Development
HOPWA Year Block Grant (CDBG) Year XXVIII, Emergency Shelter Grant (ESG)
2002-2003 Year 2002-2003, and Housing Opportunities for Persons with AIDS
Grants (HOPWA) Year 2002-2003 contracts with various organizations to
administer their respective programs, contingent upon approval
and receipt of adequate funding from the U. S. Department of
Housing and Urban Development, for a term beginning June 1,
2002, and expiring May 31, 2003. Mayor Pro tempore McCloud
made a motion, seconded by Council Member Wentworth, that the
recommendation be adopted. The motion carried unanimously.
C-19097 There was presented Mayor and Council Communication No. C-
FTW Sunset 19097 from the City Manager recommending that the City Council
Hills Limited authorize the City Manager to execute a Community Facilities
Partnership Agreement with FTW Sunset Hills Limited Partnership for the
installation of community facilities for Sunset Hills Addition.
Council Member Haskin made a motion, seconded by Mayor Pro
tempore McCloud, that the recommendation be adopted. The
motion carried unanimously.
C-19098 There was presented Mayor and Council Communication No. C-
Allen Samuels 19098 from the City Manager recommending that the City Council
Realty, Inc. authorize the City Manager to execute a Community Facilities
Agreement with Allen Samuels Realty, Inc. for the installation of
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 16 of 18
water and sewer services to serve Allen Samuels Dodge, a future
commercial auto dealership development on the east side of IH-35,
south of Timberland Boulevard in far north Fort Worth. Council
Member Haskin made a motion, seconded by Council Member
Moss, that the recommendation be adopted. The motion carried
unanimously.
ZC-02-0091 It appeared that the City Council, at its meeting of May 14, 2002,
Ord. #15112 continued the hearing in connection with Zoning Docket No. ZC-02-
Approved 0091, Text amendment permitting additional uses in Low Intensity
Text Mixed-Use ("MU-1") and High Intensity Mixed-Use ("MU-2")
Amendment Districts. Mayor Barr asked if there was anyone present desiring to
be heard.
There being no one else present desiring to be heard in connection
with Ordinance No. 15112 Text Amendment, Council Member Davis
made a motion, seconded by Mayor Pro tempore McCloud, that the
Zoning Hearing be closed and that Zoning Docket No. ZC-02-0091
be adopted and the following ordinance be approved, as amended,
in the Pre-Council Meeting:
ORDINANCE NO. 15112
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH, BY AMENDING THE RESIDENTIAL USE
TABLE TO ADD LOW INTENSITY MIXED-USE (`MU-1') AND HIGH
INTENSITY MIXED-USE (`MU-2') DISTRICTS; AMENDING THE
RESIDENTIAL AND NONRESIDENTIAL USE TABLES TO ADD
PERMITTED USES FOR THE LOW INTENSITY MIXED-USE (`MU-1')
AND HIGH INTENSITY MIXED-USE (`MU-2') DISTRICTS; PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
The motion carried unanimously.
Citizen Ms. Eunice Givens, 5500 Stafford Drive, appeared before Council
Presentations relative to Federal Housing Fair Housing Act. She stated that the
Eunice Givens local government did not have any control of the Fair Housing Act
and that the purchase of the Stonegate Villas Apartment complex
was the sole responsibility of the Fort Worth Housing Authority.
She supported Mayor Barr's decision to not violate Fair Housing
Act guidelines.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 17 of 18
George Chiles Mr. George Vernon Chiles, 2800 Jennings, appeared before Council
in opposition of any public assistance being provided to the Bank
One Tower.
John Kerr, Mr. John Kerr, 1200 Blackberry Court, representing the Fort Worth
Jim Tate Police Officer's Association, and Mr. Jim Tate, 417 N. Retta,
representing the Fort Worth Firefighters Association, appeared
before Council and expressed concerns relative to the proposed
increase in employee health care benefits. They requested Council
consider raising the City's contribution to lessen the burden on
City employees.
Executive It was the consensus of the City Council that they recess into
Session Executive Session at 10:55 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) James S. Dubose v. City of Fort Worth, Cause No. 17-
180555-99;
b) Cities of Denton, Texas et al v. TXU Electric Company,
et al, Cause No. 009383 (134th Judicial District, Dallas
County);
c) Potential litigation concerning land use rights in
Centreport area;
d) Legal issues concerning employee and retiree health
benefits;
e) Legal issues concerning the solid waste collection
and disposal contract;
f) David Harold Davis, Jr. v City of Fort Worth and Ruben
Ruiz, Civil Action No. 4:02-CV-0100-A;
g) Legal issues concerning any City Council agenda
item;
as authorized by Section 551.071 of the Texas Government Code;
and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MAY 21, 2002
PAGE 18 of 18
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; and
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 12:45 p.m.
Adjournment There being no further business, the meeting was adjourned at
12:45 p.m.
CITY SE RETARY MAYOR