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HomeMy WebLinkAbout2001/08/21-Minutes-City Council CITY COUNCIL MEETING AUGUST 21, 2001 Date & Time On the 21St day of August, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:33 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 Reverend Kenneth Spears, First St. John Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the minutes of the regular meeting of August 14, 2001, were approved unanimously. Special Council Member Davis presented a Proclamation for Gymnastics Presentations Day to Mr. David Holt. Mr. Holt thanked the Council for the proclamation and introduced members of his family who had supported his work over the years. Council Member Haskin thanked Mr. Holt for being a great community leader who worked not only with the children's bodies and minds, but also their spirits. Mr. Jerry Holmes, a student at Dunbar High School and representing the Fort Worth Independent School District School (FWISD) and Community Partnerships, provided information to the Council on the progress of various FWISD schools over the previous year. Mayor Barr thanked him for the update and stated that the City valued it's working relationship with the district. Mr. Brian Boerner, Environmental Management Department Director, and Council Member Moss drew names for the Mid- Season Ozone Employee Incentive Awards. Winners were: Huey Smith, Housing Department - $1,000.00 travel voucher; Alvin Burke, T/PW - $500.00 department store gift certificate; and Shannon Beyer, Central Library — rechargeable electric lawn mower. Mr. Boerner recognized Hailey Summerford and her management of the program. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 2 of 15 Announcements Council Member Lane announced that his aide, Patsy Steele, had returned to work after recovering from surgery and stated that it was good to have her back. Mayor Pro tempore McCloud announced that a groundbreaking ceremony would take place August 23, 2001 at 6:00 p.m. at the corner of Evans and Rosedale for reconstruction of streetscape and the beginning restoration of this historic area. He invited everyone interested to attend. Council Member Silcox announced a District 3 Community Forum would be held Tuesday, August 28, 2001, at Monnig Middle School, 3136 Bigham Blvd., at 7:00 p.m. and invited everyone to attend. Mayor Barr announced that a public hearing would be held Monday, August 27, 2001 at 7:00 p.m. in Council Chamber to receive citizen comment on the number of Council districts the City of Fort Worth would have as a result of the 2000 census; however, if it were decided to redistrict into more than eight Council districts, a Charter amendment election would have to be conducted. He invited all interested citizens to attend the public hearing. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. L-13124 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. L-13124 be withdrawn from the agenda. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Res. # 2765 There was presented Resolution No. 2765 withdrawing Withdraw authorization for Texas CUC Aggregation Project, Inc. (TCAP) to Authorization for negotiate and execute an agreement on behalf of the City of Fort TCAP, Inc. to Worth for the purchase of electricity beginning in January 2002. Negotiate and Council Member Moss made a motion, seconded by Council Execute Member Wentworth, that the recommendation be adopted. The Agreement motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 3 of 15 Res. # 2766 There was presented Resolution No. 2766 approving the Fiscal Approving FY Year 2001-2002 Tarrant County 9-1-1 District Budget. Council 2001-02 Tarrant Member Picht made a motion, seconded by Council Member County 9-1-1 Silcox, that the recommendation be adopted, with the provision District Budget that City staff work with the 9-1-1 Executive Director and 9-1-1 Board to have the district consider continuation of the reimbursement policy in subsequent years. The motion carried unanimously. OCS-1234 There was presented Mayor and Council Communication No. OCS- Claims 1234 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-13340 There was presented Mayor and Council Communication No. G- Fee Waiver 13340 from the City Manager recommending that the City Council Request Before consider a waiver of the required $500.00 application fee before the City Plan City Plan Commission to close Bird Street in the 2300 block of the Commission to Courthouse View Addition, and six miscellaneous alleys in the Close Bird Akins Park Addition, Inspiration Place Addition, and Embrey Place Street Addition, Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. G-13341 There was presented Mayor and Council Communication No. G- Ord. # 14753 13341 from the City Manager recommending that the City Council: Authorize Use of Land Credits for 1. Authorize the use of land credits in the amount of $22,222.00 Noise Mitigation for assistance in acquiring land and purchasing avigation Program at Fort easements pursuant to a Federal Aviation Administration Worth Alliance grant under the Federal Aviation Regulation Part 150 Noise Airport Study for Fort Worth Alliance Airport; and 2. Adopt Appropriation Ordinance No. 14753 increasing the estimated receipts and appropriations in the Grant Fund in the amount of $22,222.00 from available funds for the purpose of funding Phase II of the Noise Mitigation Program at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 4 of 15 G-13342 There was presented Mayor and Council Communication No. G- Res. # 2767 13342 from the City Manager recommending that the City Council: Employ Outside Legal Counsel 1. Authorize the City Manager to retain Jay Rutherford as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in representing and defending the City in the lawsuit of Luis Hernandez et al v. City of Fort Worth, et al, Civil Action No. 4:99-CV-0318-Y; and 2. Adopt Resolution No. 2767 fixing in advance, as far as practicable, the compensation to be paid to Jay Rutherford for his services in an amount not to exceed $75,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13343 There was presented Mayor and Council Communication No. G- Extend 13343 from the City Manager recommending that the City Council Temporary authorize an extension of the temporary closure of Taylor Street Closure of between 4t" Street and 5t" Street from September 1, 2001, until Taylor Street February 1, 2002, to accommodate the staging area for demolition of the Bank One building located at 500 Throckmorton Street. It was the consensus of the City Council that the recommendation be adopted. G-13344 There was presented Mayor and Council Communication No. G- Ord. # 14754 13344 from the City Manager recommending that the City Council Amend Speed adopt Ordinance No. 14754 amending Chapter 22 Motor Vehicles Zone Ordinance and Traffic of the Code of the City of Fort Worth (1986), as amended, by amending 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. It was the consensus of the City Council that the recommendation be adopted. G-13345 There was presented Mayor and Council Communication No. G- Verify Historic 13345 from the City Manager recommending that the City Council Site Tax approve the owners' applications for verification of the Historic Exemptions for and Cultural Landmark Historic Site Tax Exemptions for 1801 Various Washington Avenue, 1950 Alston Avenue and 2001 6t" Avenue Properties located in the Fairmount Southside Historic District and 4620 Meadowbrook Drive. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 5 of 15 G-13346 There was presented Mayor and Council Communication No. G- Ord. # 14755 13346 from the City Manager recommending that the City Council Adjust adopt Ordinance No. 14755 adjusting the total number of Authorized Civil authorized civil service positions at each classification (rank) in the Service Staffing Fire Department for Fiscal Year 2000-2001; providing for the in Fire deletion of one Battalion Chief Position. It was the consensus of Department the City Council that the recommendation be adopted. G-13347 There was presented Mayor and Council Communication No. G- Ord. # 14756 13347 from the City Manager recommending that the City Council: TDHCA Comprehensive 1. Authorize the City Manager to accept funds in the amount of Energy $126,046.00 from the Texas Department of Housing and Assistance Community Affairs (TDHCA), increasing the Fiscal Year 2001 Program allocation from $739,360.00 to $865,406.00; and 2. Adopt Appropriation Ordinance No. 14756 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $126,046.00 upon receipt of the funds from the Texas Department of Housing and Community Affairs for the purpose of funding the Comprehensive Energy Assistance Program through December 31, 2001; and 3. Authorize the application of indirect cost rates in accordance with the City's Administrative Regulation 3-15, at a rate of 17.76 percent, which is the most recently approved 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. G-13348 There was presented Mayor and Council Communication No. G- Zoning Fee 13348 from the City Manager recommending that the City Council Waiver for 1300 waive the $750.00 zoning application fee for 1300 Ash Crescent Ash Crescent Street, Highland to Glenwood Addition, Block 79, Lot 2, so that Street Habitat for Humanity can apply to the Zoning Commission for a zoning change. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 6 of 15 G-13349 There was presented Mayor and Council Communication No. G- Adopt Financial 13349 from the City Manager recommending that the City Council Management review and adopt the Financial Management Policy Statements, Policy FY2001-2002, which include the City's investment policy and Statements — investment strategy. Council Member Wentworth made a motion, FY2001-2002 seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13350 There was presented Mayor and Council Communication No. G- Approve Partial 13350 from the City Manager recommending that the City Council Historic Site Tax approve the owners' applications for Historic and Cultural Exemptions for Landmark partial historic site tax exemptions for 2009 Fairmount Various Avenue, 1509 Park Place Avenue, 2211 5t" Avenue and 2214 Properties Fairmount Avenue located in the Fairmount Southside Historic District, 714 Main Street, 1920 Berkeley Place, 2317 Oakland and 1539-1549 North Main Street. Council Member Moss disclosed that he had a business relationship with Equitable Life Insurance Company. He also stated that he was pleased that other parts of the City were taking advantage of the historical tax credit. Council Member Davis stated that this was a program that was working and cited several properties in the Fairmount Neighborhood that had applied for tax credit exemptions. She expressed concern regarding the City's requirement that improvements equal 30 percent of the value of the property. She advised Council that the value of properties in the Fairmount area rose dramatically and requested that staff re-examine the percentage requirement. City Manager Jackson stated that staff would review the percentage requirement and report back to Council. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. G-13351 There was presented Mayor and Council Communication No. G- Sale of City- 13351 from the City Manager recommending that the City Council Owned Lake approve the sale of 5.403 acres of City-owned Lake Worth land out Worth Land of the Jacob Wilcox Surveys, Abstract Nos. 1716 and 1717, also being part of Blocks 12, 14 and 15 of the Lake Worth Lease Survey, Tarrant County, Texas, to the Texas Department of Transportation for the expansion of State Highway 199, for a net cost to the City of CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 7 of 15 Fort Worth of $179,500.00. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13352 There was presented Mayor and Council Communication No. G- FY2000-2001 13352 from the City Manager recommending that the City Council Mid-Year Budget authorize the City Manager to submit a FY2000-2001 mid-year Adjustment to budget adjustment request to the Crime Control and Prevention CCPD for District (CCPD) Board in the amount of $1,381,267.00 to fund the Computer Aided completion of the Computer Aided Dispatch/Mobile Data Computer Dispatch Project Infrastructure. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9441 There was presented Mayor and Council Communication No. P- Janitorial 9441 from the City Manager recommending that the City Council Service authorize a purchase agreement for janitorial service with the responsible low bidders CTJ Maintenance, Inc., and Organized Maintenance Service, Inc., for the Fort Worth Public Libraries for an annual cost of $336,060.00 with payment due 30 days after receipt of the invoice and authorize this agreement to begin September 1, 2001, and expire August 31, 2002, with four one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-9442 There was presented Mayor and Council Communication No. P- Janitorial 9442 from the City Manager recommending that the City Council Service and authorize a purchase agreement for janitorial service and supplies Supplies with CTJ Maintenance, Inc. as the overall low responsible bidder for Water Department Divisions for an annual cost of $119,582.52 with payment due 30 days after receipt of the invoice, and authorize this agreement to begin September 1, 2001, and expire August 31, 2002, with four one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-9443 There was presented Mayor and Council Communication No. P- Software and 9443 from the City Manager recommending that the City Council Maintenance authorize the purchase of software and maintenance support for an Support AS/400 processor billing system from IBM Corporation for the Water Department, for an amount not to exceed $73,896.84, net 30 days on unit prices as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 8 of 15 Hardware (on-site 7 x 24 maintenance) $47,205.00 Software and operating support (7 x 24) $ 7,656.84 Software subscription, operating support updates, $19,035,00 and alerts TOTAL $73,896.85 It was the consensus of the City Council that the recommendation be adopted. P-9444 There was presented Mayor and Council Communication No. P- HTE Compatible 9444 from the City Manager recommending that the City Council Interactive Voice authorize the sole source purchase of an HTE compatible Response Interactive Voice Response System from Selectron, Inc. for the System Water Department for an amount not to exceed $60,000.00, with final payment due 30 days after completion of testing and acceptance of the system and from the date of the final invoice. It was the consensus of the City Council that the recommendation be adopted. P-9445 There was presented Mayor and Council Communication No. P- Reject Bid for 9445 from the City Manager recommending that the City Council Two Color Press authorize the rejection of bid for a two color press from Unique Printing Services, Inc. for the Reprographics Division. Billy O'Brien Mr. Billy A. O'Brien, 6401-M Bradley Drive, appeared before Council in opposition of Unique Printing Services, Inc. bid rejection. He asked Council to honor a fair competitive bid process and that a Fort Worth company be given the contract. Mr. Robert Combs, Purchasing Manager, provided rebuttal and cited various reasons for the bid. Council Member Wentworth expressed concern that only two companies provided bids for this contract and requested staff review the bid process to ensure the widest possible dissemination of bid information was provided to the many vendors in the City's database. City Manager Jackson advised the Council that industry leaders would be contacted directly to find out why they failed to bid on this contract. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 9 of 15 P-9446 There was presented Mayor and Council Communication No. P- Rescind 9446 from the City Manager recommending that the City Council Purchase rescind the purchase agreement with Ladd Uniforms Company to Agreement for provide uniforms, clothing and equipment for the Police Uniforms, Department and award the purchase agreement to GST Public Clothing and Safety Supply. Mayor Pro tempore McCloud made a motion, Equipment seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. L-13119 There was presented Mayor and Council Communication No. L- Sale of Tax 13119 from the City Manager recommending that the City Council Foreclosure approve the sale of surplus tax foreclosure property described as Property Lot 3, Block 16, Harlem Hills Addition (5329 Fernander) to Lake Como Area Council in accordance with Ordinance No. 13533 (DOE 920) for $3,042.00, authorize the City Manager to execute the appropriate deeds conveying the property to Lake Como Area Council and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13120 There was presented Mayor and Council Communication No. L- Sale of Tax 13120 from the City Manager recommending that the City Council Foreclosure approve the sale of surplus tax foreclosure property described as Property Lot 1, Block 3, Daggett 2nd Addition (101 South Main) to Jim Eggleston as allowed by Texas Local Government Code Section 272.001(b)(6) in the amount of $8,812.00, authorize the City Manager to execute the appropriate deed conveying the property to Jim Eggleston and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13121 There was presented Mayor and Council Communication No. L- Sale of Tax 13121 from the City Manager recommending that the City Council Foreclosure approve the sale of surplus tax foreclosure property described as Surplus Lot 2A, Block 3, Nies and Rouse Addition (2755 East 1St Street) to Property the adjoining property owner, Sarah Walker, as allowed by the Texas Local Government Code Section 272.001(b)(1)(DOE 920) in the amount of $4,112.00, and authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 10 of 15 L-13122 There was presented Mayor and Council Communication No. L- Lease 13122 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a T-Hangar Lease Randy Gillar Agreement with Randy Gillar for T-Hangar Unit 24S-8 at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13123 There was presented Mayor and Council Communication No. L- Lease 13123 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a T-Hangar Lease John Gough Agreement with John Gough for T-Hangar Unit 24S-5 at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13124 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13124, Lease Agreement with Performance Magnetos, Inc. for T-Hangar Unit 24S-3 at Meacham International Airport, be withdrawn from the agenda. L-13125 There was presented Mayor and Council Communication No. L- Lease 13125 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a Lease Agreement with Mark Hammonds Mark Hammonds for T-Hangar Unit 24S-6 at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13126 There was presented Mayor and Council Communication No. L- Lease 13126 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a Lease Agreement with Fred Riggs Fred Riggs for T-Hangar Unit 24S-7 at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13127 There was presented Mayor and Council Communication No. L- Lease 13127 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a Lease Agreement with Scott Tankersley Scott Tankersley for T-Hangar Unit 24S-2 at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13128 There was presented Mayor and Council Communication No. L- Pipeline License 13128 from the City Manager recommending that the City Council approve the acceptance of one pipeline license for Harriet Creek Ranch, Phase II, Blocks 18-23 (DOE 3177) from Burlington Northern CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 11 of 15 and Santa Fe Railway Company, required for the extension of a proposed 16-inch water main crossing FM156 to provide service to Harriet Creek Ranch Addition, for a one-time cost of $3,550.00, which includes a $250.00 processing fee, $2,500.00 contract fee, and an $800.00 charge for participation in the licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. PZ-2316 There was presented Mayor and Council Communication No. PZ- Approve 2316 from the City Manager recommending that the City Council Annexation approve the annexation timetable in order to annex approximately Timetable for 2284.93 acres of land out of the Greenberry Overton Survey, Annexation of Abstract No. 1185; the William Bramlet & H.R. Ryan Survey, 2284.93 Acres of Abstract No. 227; the M.E.P. & P.RR Company Survey, Abstract No. Various Surveys 1144; the T.G. Wright Survey, Abstract No. 1136; and the Matthew Ashton Survey, Abstract No. 8, all of Tarrant County, Texas; the Matthew Ashton Survey, Abstract No. 1, Wise County, Texas; and the Matthew Ashton Survey, Abstract No. 1, Denton County, Texas (Annexation Case No. AAX-01-1001) in compliance with the requirements of Chapter 43 of the Local Government Code of the State of Texas; and direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-18716 There was presented Mayor and Council Communication No. C- Ord. # 14757 18716 from the City Manager recommending that the City Council: TDH and Texas Diabetes 1. Authorize the City Manager to accept and execute a Program/Council continuation to a grant contract with the Texas Department of Health (TDH) and Texas Diabetes Program/Council for $100,000.00 to be used to increase diabetes awareness and education at the community level; and 2. Adopt Appropriation Ordinance No. 14757 increasing the estimated receipts and appropriations in the Grant Fund in the amount of $100,000.00 from available funds for the purpose of funding the Diabetes Awareness and Education in the Community Program; and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 12 of 15 3. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $25,000.00 for interim financing for this grant pending contract execution to ensure a smooth transition from one grant funding period to another. It was the consensus of the City Council that the recommendation be adopted. C-18717 There was presented Mayor and Council Communication No. C- Change Order 18717 from the City Manager recommending that the City Council No. 6 - CSC # authorize the City Manager to execute Change Order No. 6 to City 26208 —Archer Secretary Contract No. 26208 with Archer Western Contractors, Western Ltd. for construction of the Village Creek Wastewater Treatment Contractors, Ltd. Plant Digester Gas Fired Turbine Generators in the amount of $74,484.67, revising the total contract cost to $2,856,042.48. It was the consensus of the City Council that the recommendation be adopted. C-18718 There was presented Mayor and Council Communication No. C- Amendment No. 18718 from the City Manager recommending that the City Council 3 — CSC # 22767 authorize the City Manager to execute Amendment No. 3 to the — Camp, Dresser engineering agreement (City Secretary Contract No. 22767) with & McKee, Inc. Camp, Dresser & McKee, Inc. for the design of the Eagle Mountain Water Treatment Plant 30 MGD Expansion, increasing the contract amount by $195,000.00, from $2,958,209.00 to $3,153,209.00. It was the consensus of the City Council that the recommendation be adopted. C-18719 There was presented Mayor and Council Communication No. C- Chiang, Patel & 18719 from the City Manager recommending that the City Council Yerby, Inc. authorize the City Manager to execute an engineering agreement with Chiang, Patel & Yerby, Inc. for the construction management and inspection of Stagecoach Pump Station improvements for a total fee not to exceed $129,069.45. It was the consensus of the City Council that the recommendation be adopted. C-18720 There was presented Mayor and Council Communication No. C- Cives Steel 18720 from the City Manager recommending that the City Council Company and accept the bid from the apparent low bidder Cives Steel Company; Austin authorize the Project Manager, Austin Commercial, Inc. to execute Commercial, Inc. a construction contract with Cives Steel Company for the Structural Steel Package, Phase 2, TPW2000-012, Fort Worth Convention Center Renovation and Expansion in the amount of CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 13 of 15 $1,516,374.00 and a duration of 325 calendar days; and authorize the payment of funds to Austin Commercial, Inc. for payment to Cives Steel Company under the contract, as work progresses. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Budget Hearing It appeared to the City Council that they continue the hearing in connection with the proposed budget for the 2001-2002 fiscal year to give every interested person or citizen the opportunity to be heard. Mayor Barr stated that the hearing would remain open until the budget was adopted. Citizen City Manager Jackson stated that Ms. Lupe Benavides, 3511 Oscar Presentations Avenue, withdrew her request to appear before Council as she had been personally contacted by City staff and informed that street repairs on Oscar Avenue were in progress. Donald Birdow Mr. Donald Birdow, 5413 Lubbock Avenue, appeared before the City Council regarding his treatment by the Sheriff, Fort Worth Marshals and Police. Mayor Barr requested that Mr. Birdow speak with Assistant City Manager Libby Watson and Assistant to the City Manager Anthony Snipes to resolve his concerns. Council Member Davis expressed concern regarding the number of patrol cars that responded to this incident and the absence of patrol cars responding to incidents in other parts of the City. She asked Mr. Jackson if this issue could be made part of the Justex study. Mr. Jackson stated that staff would provide Council with a synopsis of the events as it relates to this issue. Karen Kennedy Ms. Karen Kennedy, 9003 Airport Freeway, Suite G300, representing The Medical Clinics of North Texas, appeared before Council relative to the City's contract with United Healthcare and their unresponsiveness to claims submitted by health providers. Mayor Barr informed Ms. Kennedy that the Council was very interested in this issue and had directed staff to look into the matter. Edward Drew Mr. Edward Drew, 1901 Stephenson Street, representing Universal Enterprises of America, appeared before Council regarding black mold found in the Butler Housing Apartments. Mayor Barr stated that the Housing Authority staff would be advised of his concern. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 14 of 15 David The following Keller, Texas residents appeared before Council Hammonds relative to a proposed development of a new Fort Worth housing Randy subdivision near their homes at Ranchette Estates in Keller. They Campbell, expressed concerns relative to the development's incompatibility Helen Goss of the existing neighborhood, damage to the flood plain, drainage problems, increased traffic, and the affect on their quality of life: Mr. David Hammonds 67 Corral Drive North, Keller, TX Mr. Randy Campbell 49 Stagecoach Road, Keller, TX Ms. Helen Goss 81 Corral Drive North, Keller, TX Mayor Barr advised them that Council, although concerned, could not make a decision on this issue today, as it was the responsibility of the City Plan Commission. He directed staff to have the City Plan Commission made aware of the presentations made today, and stated that Council would monitor this issue. Council Member Davis stated that this was an example of why there should be combined City Plan and City Zoning Commission and asked staff on the status of combining the two commissions. City Manager Jackson advised Council that this issue would be placed on the agenda calendar for future discussion. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:49 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) Claim R0107141, James Strachan; b) Johnnie Lott Steele v. Larry Alphin and the City of Fort Worth, Cause No. 342-180487-99; c) Legal issues concerning Zoning Case No. Z-01-088, Academy Investments L.P.I.; d) Legal issues concerning any City Council agenda item; CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 21, 2001 PAGE 15 of 15 as authorized by Section 551.071 of the Texas Government Code; and 2. Discuss 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. Reconvened The City Council reconvened into regular session at 12:30 p.m. Adjournment There being no further business, the meeting was adjourned at 12:33 p.m. CI SECRETARY MAYOR