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HomeMy WebLinkAbout2002/05/28-Minutes-City Council CITY COUNCIL MEETING MAY 28, 2002 Date & Time On the 28th 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, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Pastor David Applegate, Bethel Temple. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Haskin, the minutes of the regular meeting of May 21, 2002, were approved unanimously. Special Council Member Wentworth presented a Proclamation for Presentations Management Week to Mr. Ray Gilliham, President, National Management Workers Association. Announcements Council Member Haskin announced that Pastor Applegate was the new Pastor at Bethel Temple and new to Fort Worth and welcomed him to the City. Council Member Picht announced that a Fort Worth Transportation meeting for proposed discontinued bus service changes for Route 31 (Sycamore School Road) and Route 44 (Altamesa) in District 6 would be held this evening at 6:00 p.m. at the Southwest Community Center, 6300 Welch Avenue. He also expressed concern at the adoption of a proposed redistricting plan in his absence. He requested Council refrain from making any redistricting decisions during the absence of a Council Member in the future. Council Member Wentworth announced that a joint public hearing of the City Council and Executive Committee of the Fort Worth Transportation Authority would be held this evening at 5:30 p.m. in the Council Chamber and invited everyone interested to attend. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 2 of 11 Council Member Lane announced that the opening of LaGrave Field the evening of May 23, 2002, was a great success and expressed appreciation to the City and the City Council for stepping forward to make this happen. He added that LaGrave Field was a great asset to the City of Fort Worth and part of its history and heritage. Mayor Barr announced that the ribbon cutting for the new Public Market in Fort Worth was held May 25, 2002. He stated that it and the Farmer's Market would be open each Saturday and would add a new vibrancy to the south side of downtown. He commended Mr. David Pettit for all his hard work on the Public Market. Council Member Moss announced that a District 5 tornado damage workday for the Handley and Carver Heights East area would be held on June 1, 2002. Joe Paniagua stated that the City had identified homes that required minor repair and that this workday was to provide assistance to a few remaining homes. He stated that tents would be set up at 8:30 a.m. at the corner of Ramey and IH820 and that Volunteers Organized in Assisting in Disasters (VOAD) would be present as well as other organizations. He added that information on the workday would be posted on the City's webpage. Withdrawn from Council Member Picht requested that Mayor and Council Consent Agenda Communication No. P-9608 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Moss, seconded by Council Member Lane, the consent agenda, as amended, was adopted unanimously. OCS-1284 There was presented Mayor and Council Communication No. OCS- Claims 1284 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-13613 There was presented Mayor and Council Communication No. G- Continued Until 13613, dated April 30, 2002, from the City Manager recommending July 9, 2002 that the City Council deny the request by Bill and Jane Walton for a Historic Site Tax Exemption for work performed on a house located at 1424 South Adams Street. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-13613 be continued until July 9, 2002. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 3 of 11 G-13626 There was presented Mayor and Council Communication No. G- Res. # 2839 13626 from the City Manager recommending that the City Council Third Party authorize the City Attorney to file a third party lawsuit against Lawsuit- Arthur Wesley Hughes and Paul Reed/Reed Distributing in the LaCresha Neal, current lawsuit entitled LaCresha Neal, Jarman Smith and Damron Jarman Smith & Hobdy, Individually and as Representatives of the Estate of Janet Damron Hobdy, Neal vs. City of Fort Worth, Cause No. 342-192029-02; and adopt Individually & as Representatives Resolution No. 2839 authorizing the City Attorney to file a lawsuit of the Estate of against Arthur Wesley Hughes and Paul Reed/Reed Distributing. It Janet Neal vs. was the consensus of the City Council that the recommendation be City of Fort Worth, adopted. Cause No. 342- 192029-02 G-13627 There was presented Mayor and Council Communication No. G- Ord. #15113 13627 from the City Manager recommending that the City Council: Ord. #15114 COPS MORE 1. Authorize the City Manager to submit and, if approved, 2002 Grant accept a grant award from the Community Oriented Policing Services (COPS) office in the amount of $766,779.00 for a COPS MORE (Making Officer Redeployment Effective) 2002 grant for the period September 1, 2002, through December 31, 2003; and 2. Adopt Appropriation Ordinance No. 15113 increasing estimated receipts and appropriations in the Crime Control and Prevention District Fund in the amount of $585,000.00 from available funds for the purpose of funding the Community Oriented Policing Services Making Officer Redeployment Effective program; and 3. Authorize the transfer of $585,000.00 from the Crime Control and Prevention District Fund to the Grants Fund for the City's match; and 4. Adopt Appropriation Ordinance No. 15114 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,351,779.00 from available funds for the purpose of funding the Community Oriented Policing Services Making Officer Redeployment Effective program. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 4 of 11 G-13628 There was presented Mayor and Council Communication No. G- Donation for 13628 from the City Manager recommending that the City Council Shelter at accept the donation of a shelter, valued at $12,140.00 from the Wedgwood Park Bruce Shulkey Sugar Daddies, Inc. for Wedgwood Park. Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted, with appreciation to Bruce Shulkey Sugar Daddies, Inc. The motion carried unanimously. G-13629 There was presented Mayor and Council Communication No. G- Proposed Fee 13629 from the City Manager recommending that the City Council Adjustments for approve the fee adjustments for the Fort Worth Botanic Garden as Fort Worth proposed, for implementation June 1, 2002. Council Member Botanic Garden Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Mayor Barr expressed appreciation to the Fort Worth Botanical Society and Fort Worth Botanic Garden for all they do for the City. G-13630 There was presented Mayor and Council Communication No. G- Delayed Until 13630 from the City Manager recommending that the City Council After Executive approve the appointment by the Board of Directors of the Session Employees' Retirement Fund of Jac Ross Amerell, C.P.A. as the Executive Director of the Employees Retirement Fund for the City of Fort Worth. City Attorney Yett requested that Council delay action on this issue until after Executive Session. G-13631 There was presented Mayor and Council Communication No. G- Continued for 13631 from the City Manager recommending that the City Council One Week adopt an ordinance adopting Section 23-20 of the Code of the City of Fort Worth (1986), as amended, making it unlawful to resell tickets for public entertainment or amusement events on or within 1,000 feet of property owned or controlled by FW Sports Authority, Inc., including the Texas Motor Speedway; providing for a fine not to exceed $500.00. Council Member Picht asked staff if these restrictions were applied to other sporting events in the City. City Attorney Yett stated that this ordinance was a supplemental restriction to prohibit resale of tickets at any price at the speedway. He added that it was addressing a specific issue relative to safety and revenue. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 5 of 11 Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G- 13631, be continued for one week. The motion carried unanimously. P-9606 There was presented Mayor and Council Communication No. P- Lease 9606 from the City Manager recommending that the City Council Agreement for authorize a thirty-six month lease agreement for two microfiche Two Microfiche reader/printers from Canon, USA, Inc., c/o Horizon Micrographics, Reader/Printers a QISV (Qualified Information Systems Vendor), to be located in the Vital Records Division of the Public Health Department. It was the consensus of the City Council that the recommendation be adopted. P-9607 There was presented Mayor and Council Communication No. P- Scott Self- 9607 from the City Manager recommending that the City Council Contained authorize the purchase of Scott Self-Contained Breathing Breathing Apparatus (SCBA) equipment from Hoyt Breathing Air Products for Apparatus the Fire Department, SCBA Division for an amount not to exceed Equipment $168,800.00, freight included, with payment due 30 days after receipt of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9608 There was presented Mayor and Council Communication No. P- Continued for 9608 from the City Manager recommending that the City Council One Week authorize the purchase of ten heavy duty commercial treadmills from Quantum Fitness Corporation for the Fire Department at a cost of $29,495.00, with payment due 30 days after receipt of the invoice and freight included in the unit price. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. Council Member Picht asked staff why the treadmills were being purchased incrementally. Mr. Robert Combs, Purchasing Manager, stated that the amount budgeted was for 10 treadmills per year for the fire stations until all fire stations were equipped. He added that this was the third incremental purchase under the original M&C. Council Member Picht made a substitute motion, seconded by Council Member Silcox, to continue Mayor and Council Communication No. P-9608 for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 6 of 11 P-9609 There was presented Mayor and Council Communication No. P- Reject Bid for- 9609 from the City Manager recommending that the City Council Radionics Alarm authorize rejection of the single bid received; and authorize a new Systems Service bid for a service agreement for warranty repair, maintenance and Agreement upgrade of Radionics alarm systems installed in various City buildings. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. PZ-2372 There was presented Mayor and Council Communication No. PZ- Ord. #15115 2372, dated May 21, 2002, from the City Manager recommending Right-of-Way that the City Council adopt Ordinance No. 15115 vacating a 61-foot Vacation wide by 186-foot long portion of Bryce Avenue, containing 11,120 (VA-01-1024) square feet, located in 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, Tarrant County, Texas. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. PZ-2380 There was presented Mayor and Council Communication No. PZ- Ord. #15116 2380 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15116 vacating an 8-foot wide by 345-foot Vacation and 300-foot long utility easement in Lots 1R, and between lots 15 (VA-02-008) through 20 and Lot REM 4, and Lots 5 through 10, Block 1, Weisenberger Addition, Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2381 There was presented Mayor and Council Communication No. PZ- Ord. #15117 2381 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15117 vacating a 10-foot wide by 75-foot long Vacation utility easement in Lot 11, Block 7R, containing 750 square feet, (VA-02-017) Stonegate Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2382 There was presented Mayor and Council Communication No. PZ- Ord. #15118 2382 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15118 vacating a 10-foot wide by 373.86-foot Vacation long utility easement within Lots A through F, Block 1, containing (VA-02-020) 3,793 square feet, Trinity Place Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 7 of 11 PZ-2383 There was presented Mayor and Council Communication No. PZ- Ord. #15119 2383 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15119 vacating a 15-foot wide by 570-foot Vacation long utility easement across Lot 1, Block 85-R and extending 570 (VA-02-039) feet from the north line of West Central Avenue to the south line of N.W. 14th Street, Fort Worth, Tarrant County, Texas. Council Member Lane excused himself from the table at this time. 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 Haskin 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 Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss C-19099 There was presented Mayor and Council Communication No. C- Morton Foch, 19099 from the City Manager recommending that the City Council L.L.C. authorize the City Manager to enter into a standard Consent Agreement with Morton Foch, L.L.C., authorizing building encroachments at 1000 Foch Street. It was the consensus of the City Council that the recommendation be adopted. C-19100 There was presented Mayor and Council Communication No. C- Alcon 19100 from the City Manager recommending that the City Council Laboratories, authorize the City Manager to enter into a Consent Agreement with Inc. Alcon Laboratories, Inc. authorizing installation of a communications conduit in the 6400 block of Will Rogers Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-19101 There was presented Mayor and Council Communication No. C- Res. #2840 19101 from the City Manager recommending that the City Council TxDOT adopt Resolution No. 2840 approving a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for receipt of transportation enhancement funds for a portion of the Berry Street Project CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 8 of 11 (University Drive to Forest Park Boulevard); and authorize the execution of the LPAFA with TxDOT and approve the City's share of the cost estimated to be $509,040.00; and authorize the City Manager to remit a check in the amount of $10,000.00 made payable to TxDOT for administration of the project as required by LPAFA. It was the consensus of the City Council that the recommendation be adopted. C-19102 There was presented Mayor and Council Communication No. C- Amendment #1 19102 from the City Manager recommending that the City Council to CSC #26535 — authorize the City Manager to execute Amendment No. 1 to City LandTec Secretary Contract No. 26535 with LandTec Engineering, LLC to Engineering, extend the contract for construction materials testing service for LLC various City of Fort Worth projects and to complete the expenditures of the original contract amount. It was the consensus of the City Council that the recommendation be adopted. C-19103 There was presented Mayor and Council Communication No. C- Camp Dresser & 19103 from the City Manager recommending that the City Council McKee, Inc. authorize the City Manager to execute an engineering agreement with Camp Dresser & McKee, Inc. for a fee not to exceed $1,265,331.00 to prepare plans and specifications for the Northside II 48-inch Water Main Extension Contract 2, Sections A and B. It was the consensus of the City Council that the recommendation be adopted. C-19104 There was presented Mayor and Council Communication No. C- Change Order#1 19104 from the City Manager recommending that the City Council to CSC 26872 — authorize the City Manager to execute Change Order No. 1 to City Stabile & Winn, Secretary Contract No. 26872 with Stabile & Winn, Inc. in the Inc. amount of $173,880.60 for additional work in water and sanitary sewer line replacements in 30th Street from Sherman Avenue to McCandless Avenue, 1998 Capital Improvement Program project, Contract No. 1. It was the consensus of the City Council that the recommendation be adopted. C-19105 There was presented Mayor and Council Communication No. C- Deltatek 19105 from the City Manager recommending that the City Council Engineering authorize the City Manager to execute an engineering agreement with Deltatek Engineering for design and construction management of the existing digester No. 13 at the Village Creek Wastewater Treatment Plant for a cost not to exceed $35,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 9 of 11 C-19106 There was presented Mayor and Council Communication No. C- Keller ISD 19106 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Keller Independent School District (ISD) for the installation of a major water main in Park Vista Boulevard (the portion presently called Ray White Road) and a sewer line to serve Keller High School and Wall-Price Elementary School in far northeast Fort Worth. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19107 There was presented Mayor and Council Communication No. C- Millenium 19107 from the City Manager recommending that the City Council Choice authorize the City Manager to execute a Community Facilities Company, Inc. Agreement with Millenium Choice Company, Inc. for the installation of water and sewer services to serve Merwick Addition, a future single-family development located east of Park Vista Boulevard and north of Kroger Road. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council at its meeting of March 26, 2002, 19246 th Avenue continued the public hearing for the Appeal to the Order of the Continued Until Building Standards Commission regarding 1924 6t" Avenue. Mayor June 25, 2002 Barr asked if there was anyone desiring to be heard. Council Member Lane assumed his chair at this time and Council Member Picht excused himself from the table. There being no one 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 Council Member Moss, that the public hearing be continued until June 25, 2002, to allow staff time to work on an improvement plan for this property with the owner. The motion carried unanimously. Citizen Mr. Dan Gadbury, 6036 Curzon Avenue Suite 31, and Mr. Jesse Presentations Seawell, representing Ability Resources, Inc., appeared before Dan Gadbury Council and expressed appreciation for their cooperation in Jesse Seawell passing the parking enforcement ordinance and for their endorsements to make all public buildings accessible. They added that there was need for more handicapped accessible and affordable housing in Fort Worth. They further stated that there CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 10 of 11 was a shortage of apartments for people with mobility impairments. They requested Council favorably consider any housing development with handicapped accessibility and a letter of support to submit to the Department of Housing and Urban Development (HUD) to develop a small development in District 3. Mayor Barr requested that staff review this proposal and provide a report to Council. Council Member Haskin requested that the report provide information on the whole process and the business aspects of the proposal. 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, as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. Infinity Outdoor, Inc., et al, Cause No. 2000-0044559-2; b) Legal issues concerning the provision of jail services; c) Legal issues concerning employee and retiree health benefits; d) Legal issues concerning the solid waste collection and disposal contracts; e) Legal issues concerning any City Council agenda item; and 2. Discuss the purchase, exchange, 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 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 28, 2002 PAGE 11 of 11 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; and 5. Deliberate concerning the approval of the appointment of an Executive Director for the Employees' Retirement Fund, as authorized by Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:45 a.m. G-13630 There was presented Mayor and Council Communication No. G- Appoint Jac 13630 from the City Manager recommending that the City Council Ross Amerell as approve the appointment by the Board of Directors of the Executive Employees' Retirement Fund of Jac Ross Amerell, C.P.A. as the Director of Executive Director of the Employees Retirement Fund for the City Employees of Fort Worth. Council Member Wentworth made a motion, Retirement Fund seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 11:46 a.m. 7 CITY ETARY MAYOR