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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 Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. P-9600, PZ-2372, and C-19093 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos.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. CITY COUNCIL MEETING 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. CITY COUNCIL MEETING 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. CITY COUNCIL MEETING 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. CITY COUNCIL MEETING 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. CITY COUNCIL MEETING 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. CITY COUNCIL MEETING 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 CITY COUNCIL MEETING 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