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HomeMy WebLinkAbout2001/04/03-Minutes-City Council CITY COUNCIL MEETING AP RI L 3, 2001 Date & Time On the 3rd day of April, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 7:12 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Mayor Pro tempore Ralph McCloud was absent. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Reverend Tom Paine, Oak Hill Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Lane, the minutes of the regular meeting of March 27, 2001, were approved unanimously. Special Council Member Wentworth presented a Proclamation for Public Presentations Health Week to Ms. Letha Aycock, Assistant Director of the Health Department. Ms. Aycock introduced Messers John Ross, Eric Cheddar, Dwight Edmond, and Jaime Cashion who thanked the Council and Health Department for the proclamation and the support provided. Council Member Lane presented a Proclamation for National Tartan Day to Mr. Tim McKay. Mr. McKay thanked the Council for the proclamation and stated that there would be a celebration to commemorate National Tartan Day on April 6, 2001 at 6:00 p.m. at Trinity Park and invited everyone to attend. Council Member Haskin presented a Proclamation for Week of the Young Child to Ms. Joyce Brown. Council Member Haskin presented Certificates of Recognition to Ms. Threlecia Whitley, Barbara Morgan, and Emma Kay White. Council Member Davis presented a Proclamation for Children's and Police Day to Ms. Berty Magano, Principal of Worth Heights Elementary School. Ms. Magano thanked the Council for the proclamation on behalf of the school children and expressed appreciation to the community for their support in making this program successful. She introduced Mr. B. J. Woods, School Counselor, who stated that he was trying to launch a national CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 Page 2 of 12 observance of Children's and Police Day that would allow all children to view the police as positive role models. Deputy Chief R. P. Ely, representing Chief Mendoza, thanked the Council for their support of this program and stated that the Police Department endorsed Mr. Wood's initiative. Mr. Juan Rangel, Fort Worth Independent School Board member, echoed the appreciation of the previous speakers and added that educating our children on positive programs starts at the elementary level. Mayor Barr stated that this was one more example of partnering in the community and added that this will be an issue that would not only be successful in Fort Worth, but could also be successful across the country. He commended the Police Department for reaching out to the community with this program. Council Member Moss presented a Proclamation for Fair Housing Awareness Month to Ms. Vanessa Ruiz Boling, Director of the Human Relations Commission. Ms. Boling expressed the appreciation of the Human Relations Commission for the proclamation and thanked the Council for recognizing fair housing. Mr. Estrus Tucker thanked the Council for the proclamation and stated that access to fair housing is no less than access to the American dream. Announcements Council Member Lane congratulated Paulie Ayala for successfully defending his championship boxing title last Saturday at the Convention Center. He also expressed his appreciation to the City Manager and his staff for the way the City handled the extra 300,000 people last weekend as a result of the successful racing event at the Texas Motor Speedway. Council Member Haskin announced that Saturday, April 7, 2001 would be the Great American Clean-up in Fort Worth and encouraged everyone to get out and participate. She stated that a drop off point for trash would be at Hope Community Church, 1750 Beach Street in District 4. Council Member Silcox thanked everyone who participated in the 2nd Annual Pooch and Pal Promenade on March 31, 2001 in support of the City's animal facility. He commended Assistant City Manager Libby Watson and her staff for the efforts they expended to put the event together. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 PAGE 3 of 12 Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication No. G-13191 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Res # 2719 There was presented Resolution No. 2719 rescinding Resolution Rescind Res. No. 2817 relating to the issuance and sale of Dallas-Fort Worth #2718 International Airport Public Facility Improvement Corporation Airport Hotel Revenue Bonds. City Attorney Yett informed Council that the Resolution being rescinded should be amended to reflect Resolution No. 2718 instead of 2817. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried unanimously. Res. # 2720 There was presented Resolution No. 2720 approving the issuance DFW Public and sale of Dallas-Fort Worth International Airport Public Facility Facility Improvement Corporation Airport Hotel Revenue Bonds, Series Improvement 2001 if specified parameters are met; making certain findings; and Corporation approving documents related thereto. Council Member Lane made Bonds a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. OCS-1201 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1201 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Falconer, Don d/b/a Western Surety Company Superior Concrete Contracting Ingel, Michael d/b/a Merchants Mutual Bonding Co. Hidden Lake Landscaping Johnson Trucking & Tractor Work Universal Surety of America Rog's Concrete-Texas, Inc. Western Surety Company It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 Page 4 of 12 OCS-1202 There was presented Mayor and Council Communication No. OCS- Claims 1202 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-13191 There was presented Mayor and Council Communication No. G- Waive Rental 13191 from the City Manager recommending that the City Council and Other Fees authorize the City Manager to waive all fees relating to the rental of at WRMC in Will Rogers Auditorium for an event to be held by Catholic Support of Charities and the U. S. Immigration and Naturalization Service Catholic during Migration Week on June 13, 2001. Charities Event Council Member Silcox expressed concern relative to the City's liability position if insurance fees were waived. City Attorney Yett stated that a report would be provided to Mr. Silcox relative to the waiving of fees. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13192 There was presented Mayor and Council Communication No. G- Ord. # 14575 13192 from the City Manager recommending that the City Council Increase adopt Supplemental Appropriation Ordinance No. 14575 Appropriations appropriating $171,120.00 to Insurance Fund and decreasing the in the Insurance unreserved, undesignated Insurance Fund balance by the same Fund for Hail amount for the purpose of providing funding for outstanding repair Storm Repair contract obligations relating to the hail storm of 1995. It was the consensus of the City Council that the recommendation be adopted. G-13193 There was presented Mayor and Council Communication No. G- Ord. # 14576 13193 from the City Manager recommending that the City Council Appointment of adopt Ordinance No. 14576 appointing Robb D. Catalano as a Municipal Judge Municipal Judge for the unexpired portion of a two-year term to Serve commencing April 9, 2001, and ending March 31, 2002, or until a Unexpired Term successor is qualified and appointed in accordance with state law. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 PAGE 5 of 12 Council Member Lane recognized Chief Judge Ninfa Mares, and newly appointed Municipal Judge Catalano and his family. G-13194 There was presented Mayor and Council Communication No. G- Ord. # 14577 13194 from the City Manager recommending that the City Council Amend Chapter approve Ordinance No. 14577 amending Chapter 2, Article IX, of 2, Article IX of the Code of the City of Fort Worth, "Personal Liability Indemnity Code of the City Plan", adopting a definition of "Scope of Employment"; extending of Fort Worth, plan coverage to acts or omissions committed by a plan member "Personal while operating a city vehicle to and from work; providing that the Liability City may at its discretion furnish legal representation and pay Indemnity Plan" damages, court costs and attorney's fees in any claim or lawsuit against a plan member that would otherwise be excluded from the plan; providing that the City Attorney shall select outside counsel to represent plan members. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13195 There was presented Mayor and Council Communication No. G- Ord. # 14578 13195 from the City Manager recommending that the City Council Amend adopt Ordinance No. 14578 amending residential garbage Residential collection fees in accordance with Section 12.5-842 of the City Garbage Code. Collection Fees City Attorney Yett stated that Section 4 of the ordinance needed to be corrected to reflect the effective date as being April 1, 2001. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted, as amended. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: Mayor Pro tempore McCloud Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt an ordinance establishing standards of care for youth programs in the Parks and Community Services Department. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 Page 6 of 12 Mr. Richard Zavala, Director of Parks and Community Services, appeared before the Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13196, as follows: G-13196 There was presented Mayor and Council Communication No. G- Ord. # 14579 13196 from the City Manager recommending that the City Council Establish adopt Ordinance No. 14579 readopting and amending the Standard of Care standards of care for youth programs offered by the Parks and for Youth Community Services Department, by the amendment of Subsection Programs 6(C), entitled "Program Coordinator (Coordinator) Qualifications" to provide that the coordinators should possess a combination of experience and training of two years of responsible community center service or recreational programming experience and the equivalent of a Bachelor's Degree from an accredited college or university with major course work in Sports Management, Physical Education, Recreation or a related field. There being no one else present desiring to be heard, Council Member Moss made a motion, seconded by Council Member Silcox, that the public hearing be closed and that the recommendation be adopted. The motion carried unanimously. G-13197 There was presented Mayor and Council Communication No. G- Authorize 13197 from the City Manager recommending that the City Council: Agreement with Employees' 1. Authorize the City Manager to enter into an agreement with Retirement Fund the Employee's Retirement Fund (Retirement Fund) of the and Funding of City of Fort Worth to administer payments to eligible Commitments beneficiaries of Brian Collins and Phillip Dean to supplement and Settlement their current pension benefits to that equal to similarly of Lawsuits situated beneficiaries of persons that are receiving "in line Related to the of duty" death benefits; and Deaths of Brian Collins and 2. Authorize the payment of $653,000.00 to the Retirement Phillip Dean Fund as that amount agreed as sufficient to make the payments described above; and 3. Authorize the settlement of Cause 141-181434-00, Mary Collins, Individually and a/n/f of Ryan, Hannah and Nathan Collins; Renea Dean, Individually and a/n/f of Elijah Dean, v. City of Fort Worth Employees Retirement Fund, Cause 141- 182361-00, City of Fort Worth, Texas v. Mary Collins individually, and a/n/f of Ryan, Hannah, and Nathan Collins, CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 PAGE 7 of 12 and Renea Dean, individually and a/n/f of Elijah Dean, and Cause 96-186472-01 Employees' Retirement Fund of the City of Fort Worth v. City of Fort Worth, upon the agreement of all parties on the terms outlined in the Final Compromise, Settlement and Release Agreement as approved by the City Attorney. Council Member Wentworth requested that he be allowed to recuse himself from voting as he was a member of the Employees' Retirement Board. Council Member Silcox made a motion, seconded by Council Member Davis, to allow Council Member Wentworth to abstain from voting on this issue. The motion carried unanimously. Council Member Silcox expressed opposition of Fort Worth taxpayers having to bear the cost for firefighters' who lived outside of the City limits and were volunteering for this outside entity. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Haskin, Moss, Picht, and Davis NOES: Council Member Silcox ABSENT: Mayor Pro tempore McCloud NOT VOTING: Council Member Wentworth City Attorney Yett informed the audience that this action authorized the City Manager to enter into an agreement for final settlement of $650,000.00, which would equate to live duty benefits. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 Page 8 of 12 G-13198 There was presented Mayor and Council Communication No. G- Ord. # 14580 13198 from the City Manager recommending that the City Council: Authorize Final Settlement in 1. Authorize the City Manager to execute a final Settlement Litigation Styled Agreement in the litigation styled Fort Worth Independent FWISD v. City of School District v. City of Fort Worth and Southwestern Bell Fort Worth and Telephone Company, Cause No. 348-156227-94; and Southwestern Bell Telephone, 2. Adopt Supplemental Appropriation Ordinance No. 14580 Cause No. 348- appropriating $1,200,000.00 to the Insurance Fund and 156227-94 decreasing the unreserved, undesignated Insurance Fund balance by the same amount for the purpose of payment of the first installment and attorneys fees, costs and expenses related to the settlement of the Fort Worth Independent School District and Southwestern Bell Telephone Company lawsuit. Council Member Moss advised Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on this issue. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud NOT VOTING: Council Member Moss Mayor Barr stated that he was pleased that the City and FWISD had reached a decision on this agreement. He congratulated everyone involved in resolving this issue. P-9329 There was presented Mayor and Council Communication No. P- Purchase 9329 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with Unistrut Texas, Inc. to Telescoping provide telescoping steel sign posts for the Transportation and Steel Sign Posts Public Works Department based on the low bid meeting CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 PAGE 9 of 12 specifications with freight included in the unit cost, payment due 30 days from the date of invoice, and authorize this agreement to begin April 3, 2001, and expire April 2, 2002, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13023 There was presented Mayor and Council Communication No. L- Acquisition of 13023 from the City Manager recommending that the City Council Residential authorize the acquisition of three single-family residences located Properties for on the eastside of Meacham International Airport, Fort Worth, Meacham Texas, from individual owners, for the Meacham International International Airport Mitigation Program; find that the prices offered in the total Airport amount of $123,000.00 are just compensation for the acquisition of Mitigation the three properties; and authorize the acceptance and recording Program of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. C-18529 There was presented Mayor and Council Communication No. C- J. B. Davies, Inc. 18529 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering services agreement with J. B. Davies, Inc. for design of the Lost Creek drainage improvement project and four small storm drainage improvement projects in the amount of $74,930.93. It was the consensus of the City Council that the recommendation be adopted. C-18530 There was presented Mayor and Council Communication No. C- Ord. # 14581 18530 from the City Manager recommending that the City Council: M. E. Burns Construction, 1. Authorize the City Manager to transfer $302,291.50 from the Inc. Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14581 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $302,291.50 from available funds for the purpose of funding a contract with M. E. Burns Construction, Inc. for water line rehabilitation contract "99AA"; and CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 Page 10 of 12 3. Authorize the City Manager to execute a contract with M. E. Burns Construction, Inc. in the amount of $262,862.50 for water line rehabilitation contract "99AA" (1999 water quality). It was the consensus of the City Council that the recommendation be adopted. C-18531 There was presented Mayor and Council Communication No. C- Amend CSC # 18531 from the City Manager recommending that the City Council 25308 — Halff authorize the City Manager to execute Amendment No. 2 to City Associates, Inc. Secretary Contract No. 25308 with Halff Associates, Inc. for Southside II (S2-6) 48-inch water transmission main from Bolt Street and St. Louis Avenue to the existing 42-inch water line located near the intersection of Granbury Road and Trail Lake Drive, for a fee of $81,530.00, increasing the total contract amount to $417,130.00. It was the consensus of the City Council that the recommendation be adopted. C-18532 There was presented Mayor and Council Communication No. C- Ord. # 14582 18532 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to submit and accept, if awarded, Human Services a grant with the Texas Department of Human Services (TDHS), requesting up to $300,000.00 for the 2001 Summer Food Service Program; and 2. Adopt Appropriation Ordinance No. 14582 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $300,000.00 subject to the receipt of the grant from the Texas Department of Human Services for the purpose of funding the 2001 Summer Food Service Program; and 3. Execute a contract with the TDHS for the Summer Food Service Program; and 4. Authorize the application of indirect cost rates in accordance with the City's Administrative Regulation 3-15 (17.76 percent), which represents the most recent approval rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AP RI L 3, 2001 PAGE 11 of 12 C-18533 There was presented Mayor and Council Communication No. C- Continued for 18533 from the City Manager recommending that the City Council One Week authorize the City Manager to enter into a standard consent agreement with the Hillwood Development Corporation permitting the temporary placement of signs in the right-of-way at Heritage Subdivision for a period of two years. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. Council Member Haskin made a substitute motion, seconded by Council Member Davis, that this issue be continued for two weeks. Margaret Pesnell Ms. Margaret Pesnell, 2015 Via Corona, appeared before Council and expressed concern with a two-week delay. She stated that a two-week delay would push this issue to the same date as the scheduled opening of the subdivision on April 17, 2001 and Hillwood Development Corporation was hoping the signs would be in place before the opening. Council Member Haskin amended her motion, and Council Member Davis amended her second, to continue this issue for one week. The motion carried unanimously. C-18534 There was presented Mayor and Council Communication No. C- MHI Partnership 18534 from the City Manager recommending that the City Council to execute a Community Facilities Agreement with MHI Partnership for the installation of community facilities for Remington Addition, Phase 2. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18535 There was presented Mayor and Council Communication No. C- Amend Contract 18535 from the City Manager recommending that the City Council with Casino to execute an amendment to the contract with Casino Beach Golf, Beach Golf, Inc. Inc. to eliminate additional capital improvements as outlined in the original contract, and to maintain rental payments at the December 2000 level. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 3, 2001 Page 12 of 12 Citizen Ms. Lydia Hudson, 1425 Mistletoe Boulevard, appeared before the Presentations City Council concerning Mosier Valley Park Project Lydia Hudson recommendations. She presented two proposals for the Council to consider regarding the preservation of Mosier Valley. Council Member Moss stated that he would attend a meeting tomorrow to look at the schoolhouse. He added that this was extremely important for preservation of the neighborhood, as it would commemorate the historical significance in the community. He further stated that Parks and Community Services and HEB Independent School District was looking forward to working with us on this particular project. Deborah Dennis Ms. Deborah Dennis, 2758 Kingswood Blvd., Grand Prairie, Texas, appeared before the City Council concerning a contract dispute with the Housing Department. Mayor Barr informed Ms. Dennis that Council had been briefed on this issue. The Council was concerned about performance and delivery of the house according to the required timeframe. He asked the City Manager to have staff investigate this matter and provide a report to Council. Jackie Andrews Mr. Jackie D. Andrews, 511 New Natchitoches Road, West Monroe, Louisiana, representing the United States Black House Project, appeared before Council regarding free trade. Adjournment There being no further business, the meeting was adjourned at 8;18 P.M. CITY S CRETARY MAYOR