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HomeMy WebLinkAbout2001/09/25-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 25, 2001 Date & Time On the 25th day of September, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:10 a.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, and Jeff Wentworth; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Mayor Pro tempore McCloud and Council Member Wendy Davis were absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Ted Kitchens, Christ Chapel Bible Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Silcox, the minutes of the regular meeting of September 18, 2001, were approved unanimously, as revised. Special Mr. John Ortiz, U.S. Census Bureau, briefed the Council on the Presentations 2000 census and stated that initial response rates were projected to be 60 percent, but that the citizens of Fort Worth exceeded that projection and had a 65 percent response rate. He added that the City's population grew by almost 100,000 over the past ten years. He recognized Mayor Pro tempore McCloud and Mr. Fernando Costa, Planning Department Director, for their efforts in the 2000 census and presented each of them with a Census 2000 Special Recognition clock, and each Council Member with a Census 2010 key ring. Mayor Barr accepted the clock on Mr. McCloud's behalf and Mr. Costa recognized the hard work of the planning staff in developing an effective Census 2000 campaign. Announcements Mayor Barr advised the entire viewing and listening audience that the Council met this morning to discuss the security of the City. He assured everyone that the City was safe and that there was very strong communication between the City and various agencies to ensure the City's protection. He added that the City was taking a proactive approach regarding security, had instituted protection measures and would spend whatever money was necessary to ensure that our infrastructure and water supply were safe. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 2 of 26 Council Member Moss recognized the delegation of 140 students that represented Fort Worth and America in competing at the 2001 "Olimpiade del Tricolore" in Reggio Emilia, Italy. He stated that the students received 9 Gold, 13 Silver, and 5 Bronze medals and that they were presenting to the City of Fort Worth the American flag they carried during opening ceremonies. Council Member Haskin announced that a District 4 Community Forum would be held tonight at 7:00 p.m. at the Riverside Community Center in Sylvania Park, 3700 East Belknap Street and invited everyone to attend. Council Member Lane commended Ms. Mae Johnson and Ms. Irene Chase from Sister Cities for the manner in which they handled a very difficult situation while escorting the Sister Cities delegation in Italy as a result of the September 11, 2001 tragedy. He also stated that the people of Italy and Germany were very kind and gracious and provided meals to City representatives. He additionally commended Mr. Mike Barber from the Mayor's office who worked with American Airlines to arrange the return trip to Fort Worth for himself and his wife and expressed his gratitude to everyone for the kind thoughts and prayers. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. G-13388 and L-13140 be withdrawn from the Staff agenda, and that C-18739 be continued for two weeks. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Moss, the consent agenda was adopted unanimously. Res. # 2779 There was presented Resolution No. 2779 urging the Texas Urge TxDOT to Department of Transportation (TxDOT) to name the IH820/SH121 Name Interchange the "Wes Heald/Northeast Tarrant Interchange". IH820/SH121 Council Member Silcox made a motion, seconded by Council Interchange to Member Wentworth, that the recommendation be adopted. The "Wes Heald/ motion carried unanimously. Northeast Tarrant Interchange" CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 3 of 26 OCS-1240 There was presented Mayor and Council Communication No. OCS- Claims 1240 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-13276 There was presented Mayor and Council Communication No. G- Continued Until 13276, dated June 19, 2001, from the City Manager recommending October 23, 2001 that the City Council consider approval of a Unified Sign Agreement with Arnold Pent of Sundial Development Corporation and MJCH Corporation for Landmark Lakes Center located at 6400 N. W. Loop 820. Council Member Wentworth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-13276 be continued until October 23, 2001. The motion carried unanimously. G-13381 There was presented Mayor and Council Communication No. G- Ord. # 14782 13381 from the City Manager recommending that the City Council: Ord. # 14783 Turner, Collie & 1. Authorize the transfer of $425,730.00 from the Lake Worth Braden, Inc. Infrastructure Escrow Account to the Water and Sewer Fund; and 2. Adopt Appropriation Ordinance No. 14782 increasing the estimated receipts and appropriations in the Water and Sewer Fund in the amount of $425,730.00 from available funds for the purpose of funding an engineering agreement with Turner, Collie & Braden, Inc., for the design of the Heron Drive East water line extension; and 3. Authorize the transfer of $425,730.00 from the Water and Sewer Fund to the Water Capital Projects Fund; and 4. Adopt Appropriation Ordinance No. 14783 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $425,730.00 from available funds for the purpose of funding an engineering agreement with Turner, Collie & Braden, Inc. for the design of the Heron Drive East water line extension. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 4 of 26 5. Authorize the City Manager to execute an engineering services contract in the amount of $425,730.00 with Turner, Collie & Braden, Inc. for the design of the Heron Road East water line. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing for Fort Worth Public Improvement District No. 1 (Downtown), to adopt a budget and service plan, adopt a proposed assessment roll, set a benefit hearing date for Fiscal Year 2001- 2002, adopt an ordinance appropriating certain funds for the District, and authorize a contract extension with Downtown Fort Worth, Inc. to provide management services for the District. Mayor Barr asked if there was anyone present desiring to be heard. Linda Brown, Deputy City Treasurer, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13382, as follows: G-13382 There was presented Mayor and Council Communication No. G- Ord. # 14784 13382 from the City Manager recommending that the City Council: Fort Worth PID #1 - Downtown 1. Hold a public hearing concerning the plan of services and budget for FY2001-2002; and 2. Adjourn such public hearing; and 3. Approve the service plan and budget for FY2001-2002 as recommended by the Advisory Board of Public Improvement District (PID) No. 1; and 4. Authorize the transfer of $244,800.00 from the General Fund to the Special Assessment District Fund, PID No. 1, FY2001- 2002 project account; and 5. Adopt Appropriation Ordinance No. 14784 increasing the estimated receipts and appropriations in the Special Assessment District Fund in the amount of $244,800.00 from available funds for the purpose of providing Fiscal Year 2001-02 funding for Fort Worth Public Improvement District No. 1; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 5 of 26 6. Authorize the transfer of $5,000.00 for administrative fees from the Special Assessment District Fund, PID No. 1, FY2001-2002 project account to the General Fund; and 7. Authorize the City Manager to execute a contract extension with Downtown Fort Worth, Inc. to provide improvements and services in PID No. 1 during FY2001-2002 for the sum of $931,464.00; and 8. Adopt the proposed 2001 assessment roll which is on file with the City Secretary and set Tuesday, October 16, 2001, at 10:00 a.m. in the City Council Chamber as the time and place for the benefit hearing; and 9. Direct the City Secretary to give notice of the October 16, 2001 public hearing in accordance with State law; and 10.Approve adding to the 2001-2002 budget, as contingency, any unencumbered revenues from PID No. 1 assessments from prior years. Council Member Silcox made a motion, seconded by Council Member Haskin, that the public hearing be closed and that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for Fort Worth Public Improvement District No. 6 (Park Glen), to adopt a budget and service plan, adopt a proposed assessment roll, set a benefit hearing date for Fiscal Year 2001- 2002, adopt an ordinance appropriating certain funds for the District, and authorize a contract extension with Principal Management Group to provide management services for the District. Mayor Barr asked if there was anyone present desiring to be heard. Linda Brown, Deputy City Treasurer, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13383, as follows: G-13383 There was presented Mayor and Council Communication No. G- Ord. # 14785 13383 from the City Manager recommending that the City Council: Fort Worth PID #6 — Park Glen 1. Hold a public hearing concerning the plan of services and budget for FY2001-2002; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 6 of 26 2. Adjourn such public hearing; and 3. Approve the service plan and budget for FY2001-2002 as recommended by the Advisory Board of Public Improvement District (PID) No. 6; and 4. Authorize the transfer of $117,180.00 from the General Fund to the Special Assessment District Fund, PID No. 6, FY2001- 2002 project account; and 5. Adopt Appropriation Ordinance No. 14785 increasing the estimated receipts and appropriations in the Special Assessment District Fund in the amount of $117,180.00 from available funds for the purpose of providing Fiscal Year 2001-02 funding for the Fort Worth Public Improvement District No. 6; and 6. Authorize the transfer of $10,000.00 for administrative fees from the Special Assessment District Fund, PID No. 6, FY2001-2002 project account to the General Fund; and 7. Authorize the City Manager to execute a contract extension with Principal Management Group to provide improvements and services in PID No. 6 during FY2001-2002 for the sum of $1,207,478.00; and 8. Adopt the proposed 2001 assessment roll which is on file with the City Secretary and set Tuesday, October 16, 2001, at 10:00 a.m. in the City Council Chamber as the time and place for the benefit hearing; and 9. Direct the City Secretary to give notice of the October 16, 2001 public hearing in accordance with State law; and 10.Approve adding to the 2001-2002 budget, as contingency, any unencumbered revenues from PID No. 6 assessments from prior years. Council Member Haskin made a motion, seconded by Council Member Moss, that the public hearing be closed and that the recommendation be adopted with appreciation to Mr. Joe Yates and the board for their work in Park Glen. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 7 of 26 Public Hearing It appeared that the City Council set today as the date for a public hearing for Fort Worth Public Improvement District No. 7 (Heritage), to adopt a budget and service plan, adopt a proposed assessment roll, set a benefit hearing date for Fiscal Year 2001- 2002, adopt an ordinance appropriating certain funds for the District, and authorize a contract with Premier Communities to provide management services for the District. Mayor Barr asked if there was anyone present desiring to be heard. Linda Brown, Deputy City Treasurer, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13384, as follows: G-13384 There was presented Mayor and Council Communication No. G- Ord. # 14786 13384 from the City Manager recommending that the City Council: Fort Worth PID #7 - Heritage 1. Hold a public hearing concerning the plan of services and budget for FY2001-2001; and 2. Adjourn such public hearing; and 3. Approve the service plan and budget for FY2001-2002 as recommended by the Advisory Board of Public Improvement District (PID) No. 7; and 4. Authorize the transfer of $5,000.00 from the General Fund to the Special Assessment District Fund, PID No. 7, FY2001- 2002 project account; and 5. Adopt Appropriation Ordinance No. 14786 increasing the estimated receipts and appropriations in the Special Assessment District Fund in the amount of $5,000.00 from available funds for the purpose of providing Fiscal Year 2001-02 funding for the Fort Worth Public Improvement District No. 7; and 6. Authorize the transfer of $10,000.00 for administrative fees from the Special Assessment District Fund, PID No. 7, FY2001-2002 project account to the General Fund; and 7. Authorize the City Manager to execute a contract with Premier Communities to provide improvements and services in PID No. 7 during FY2001-2002 for the sum of $24,978.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 8 of 26 8. Adopt the proposed 2001 assessment roll which is on file with the City Secretary and set Tuesday, October 16, 2001, at 10:00 a.m. in the City Council Chamber as the time and place for the benefit hearing; and 9. Direct the City Secretary to give notice of the October 16, 2001 public hearing in accordance with State law; and 10.Approve adding to the 2001-2002 budget, as contingency, any unencumbered revenues from PID No. 7 assessments from prior years. City Manager Jackson stated that Item 7 in the recommendation and fiscal information sections of the M&C should be amended to read $29,978.00 instead of$24,978.00. Council Member Haskin made a motion, seconded by Council Member Lane, that the public hearing be closed and that the recommendation be adopted as amended and with appreciation to Ms. Angie Waddle and the Hillwood Association. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for Fort Worth Public Improvement District No. 8 Camp Bowie), to adopt a budget and service plan, adopt a proposed assessment roll, set a benefit hearing date for Fiscal Year 2001- 2002, and authorize a contract extension with Historic Camp Bowie, Inc. to provide management services for the District. Mayor Barr asked if there was anyone present desiring to be heard. Linda Brown, Deputy City Treasurer, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13385, as follows: G-13385 There was presented Mayor and Council Communication No. G- Fort Worth PI 13385 from the City Manager recommending that the City Council: #8 — Camp Bowie 1. Hold a public hearing concerning the plan of services and budget for FY2001-2001; and 2. Adjourn such public hearing; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 9 of 26 3. Approve the service plan and budget for FY2001-2002 as recommended by the Advisory Board of Public Improvement District (PID) No. 8; and 4. Authorize the transfer of $5,000.00 for administrative fees from the Special Assessment District Fund, PID No. 8, FY2001-2002 project account to the General Fund; and 5. Authorize the City Manager to execute a contract with Historic Camp Bowie, Inc. to provide improvements and services in PID No. 8 during FY2001-2002 for the sum of $229,000.00; and 6. Adopt the proposed 2001 assessment roll which is on file with the City Secretary and set Tuesday, October 16, 2001, at 10:00 a.m. in the City Council Chamber as the time and place for the benefit hearing; and 7. Direct the City Secretary to give notice of the October 16, 2001 public hearing in accordance with State law; and 8. Approve adding to the 2001-2002 budget, as contingency, any unencumbered revenues from PID No. 1 assessments from prior years. Nancy Stricklin Ms. Nancy Stricklin, 4005 Reagan, appeared before Council in opposition to the proposed assessments on her property because no improvements had been made in this area. Council Member Silcox stated that work was being done to four motels to bring them up to compliance with the Code. He added that various City agencies would do whatever it takes to clean this area up and bring it in compliance with established City regulations. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the public hearing be closed and that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 10 of 26 Public Hearing It appeared that the City Council set today as the date for a public hearing for Fort Worth Public Improvement District No. 9 (Parkwood Hill), to adopt a budget and service plan, adopt a proposed assessment roll, set a benefit hearing date for Fiscal Year 2001-2002, adopt an ordinance appropriating certain funds for the District, and authorize a contract to provide management services for the District. Mayor Barr asked if there was anyone present desiring to be heard. Linda Brown, Deputy City Treasurer, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13386, as follows: G-13386 There was presented Mayor and Council Communication No. G- Withdrawn 13386 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the plan of services and budget for FY2001-2001; and 2. Adjourn such public hearing; and 3. Approve the service plan and budget for FY2001-2002 as recommended by the Advisory Board of Public Improvement District (PID) No. 9; and 4. Authorize the transfer of $2,088.00 from the General Fund to the Special Assessment District Fund, PID No. 9, FY2001- 2002 project account; and 5. Adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Special Assessment District Fund in the amount of $2,088.00 from available funds for the purpose of providing Fiscal Year 2001-02 funding for the Fort Worth Public Improvement District No. 9; and 6. Authorize the transfer of $5,000.00 for administrative fees from the Special Assessment District Fund, PID No. 9, FY2001-2002 project account to the General Fund; and 7. Authorize the City Manager to execute a contract with a management company to provide improvements and services in PID No. 9 during FY2001-2002 for the sum of $89,165.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 11 of 26 8. Adopt the proposed 2001 assessment roll which is on file with the City Secretary and set Tuesday, October 16, 2001, at 10:00 a.m. in the City Council Chamber as the time and place for the benefit hearing; and 9. Direct the City Secretary to give notice of the October 16, 2001 public hearing in accordance with State law; and 10.Approve adding to the 2001-2002 budget, as contingency, any unencumbered revenues from PID No. 9 assessments from prior years. Council Member Haskin stated that the newly elected Homeowners Association Board for Parkwood Hill (PID 9), at last night's meeting, requested that a Public Improvement District fee not be assessed for Fiscal Year 2001-2002. The board would like to delay the PID assessment until Fiscal Year 2002-2003 when property values and development in the area have increased enough to absorb the costs of funding both the homeowners association and the PID services. Council Member Haskin made a motion, seconded by Council Member Lane, that the Mayor and Council Communication No. G-13386 be withdrawn from the agenda. The motion carried unanimously. G-13387 There was presented Mayor and Council Communication No. G- Res. # 2780 13387 from the City Manager recommending that the City Council: Ord. # 14787 Ord. # 14788 1. Authorize the City Manager to accept, if offered, a grant from Master Plan for the Texas Department of Transportation (TxDOT) in the Spinks Airport amount of $450,000.00 for the development of Airport Master and Meacham Plans for Fort Worth Spinks Airport and Fort Worth International Meacham International Airport; and Airport 2. Adopt Resolution No. 2780 certifying the availability of $45,000.00 in City funds for the purpose of paying ten percent of the cost for developing a Master Plan for both Spinks and Meacham Airports; and 3. Adopt Appropriation Ordinance No. 14787 increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $45,000.00 from available funds as the City's match of project costs associated with the development of a Master Plan for Fort Worth Spinks and Meacham International Airports; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 12 of 26 4. Authorize the transfer of $45,000.00 from the Capital Projects Reserve Fund to the Grants Fund, subject to the receipt of the grant from the TxDOT; and 5. Adopt Appropriation Ordinance No. 14788 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $450,000.00 subject to the receipt of the grant from the Texas Department of Transportation for the purpose of funding the development of a Master Plan for Fort Worth Spinks and Meacham International Airport. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13388 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13388, Extension of the Moratorium on Park Dedication in the City's Extraterritorial Jurisdiction, be withdrawn from the agenda. G-13388 Revised There was presented Mayor and Council Communication No. G- Moratorium on 13388 Revised, from the City Manager recommending that the City Park Dedication Council extend the moratorium on community park dedication in in ETJ the Extraterritorial Jurisdiction (ETJ) approved on March 27, 2001 (Council Proposal No. 219) until December 27, 2001. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. G-13389 There was presented Mayor and Council Communication No. G- Accept 2.889 13389 from the City Manager recommending that the City Council Acres of Land accept the park dedication of 2.889 acres of land described as Lot for Remington 21, Block 18, a tract of land situated in the Alexander F. Albright Pointe Park Survey, Abstract No. 1849, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described to Remington Point LP, a Limited Partnership, for Remington Pointe Park, from MHI Partnership, Ltd. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 13 of 26 G-13390 There was presented Mayor and Council Communication No. G- Accept 2.05 13390 from the City Manager recommending that the City Council Acres of Land accept the park dedication of 2.05 acres of land described as Lot for Arcadia Trail 45, Block 1, Lot 46, Block 1, Lot 31, Block 2, and Lot 54, Block 1, C. North Park C. Whyte Survey, Abstract No. 1611, being all or a portion of Lot 45, Block 1 of Arcadia Park Addition, City of Fort Worth, Tarrant County, Texas, for Arcadia Trail North Park, from Arcadia Park, Ltd. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13391 There was presented Mayor and Council Communication No. G- Settlement of 13391 from the City Manager recommending that the City Council Lawsuit Entitled approve the proposed settlement of the lawsuit entitled Gene A. Gene A. Malone, Malone, Jr. vs. City of Fort Worth, Cause No. 96-178418-99 and Jr. vs. City of authorize the appropriate City representative to execute the Fort Worth documents necessary to complete the settlement. Council Member Wentworth made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. P-9460 There was presented Mayor and Council Communication No. P- Digital Voice 9460 from the City Manager recommending that the City Council Logging System authorize the lease/purchase of a ComLog Digital Voice Logging System from ComLog Voice Data Systems, Inc. (financed through IBM Credit Corporation) for the Fire Department on the basis of the best evaluated proposal of $52,890.00, with payment terms due 30 days from the date of the invoice. The financing will be at $1,582.00 per month for 36 months for a total cost of $56,952.00. It was the consensus of the City Council that the recommendation be adopted. P-9461 There was presented Mayor and Council Communication No. P- Non-Elevated 9461 from the City Manager recommending that the City Council Bleacher Units authorize the purchase and installation of 20 non-elevated bleacher units from Sturdisteel Company for the Parks and Community Services Department for an amount not to exceed $47,160.00 with payment due 30 days from the invoice date. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 14 of 26 P-9462 There was presented Mayor and Council Communication No. P- Dump Truck 9462 from the City Manager recommending that the City Council With Emulsion authorize the purchase of a dump truck with an Emulsion Unit from Unit Southwest International for the Water Department, based on the low bid for a cost not to exceed $94,350.00 with payment due within 30 days from receipt of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9463 There was presented Mayor and Council Communication No. P- OEM Wemco 9463 from the City Manager recommending that the City Council Pumps, Parts authorize a purchase agreement for OEM (original equipment and Related manufacturer) Wemco parts, repair and related items with Jay Items Martin Company, Inc. for the Water Department based on the sole source bid of manufacturer's list prices less ten percent discount, payment is due 30 days from the date of the invoice and freight is included in the unit price; and authorize this agreement to begin September 26, 2001, and expire September 25, 2002, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9464 There was presented Mayor and Council Communication No. P- Commercial 9464 from the City Manager recommending that the City Council Treadmills authorize the purchase of 13 commercial treadmills from Body Works Fitness Equipment, Inc. for the Fire Department based on the low bid price of $39,000.00 with payment due 30 days after receipt of the invoice and freight included in the unit price. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-9465 There was presented Mayor and Council Communication No. P- Continued Until 9465 from the City Manager recommending that the City Council: October 9, 2001 1. Adopt an ordinance amending Chapter 2 "Administration" of the Code of the City of Fort Worth (1986), as amended, by adopting new contracting authority available under state law; authorizing implementation by the City Manager; and revising the Council approval amount to $25,000.00; and 2. Authorize the City to utilize new contracting and purchasing authority granted under state law; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 15 of 26 3. Authorize the City Manager to execute facility use agreements for the Fort Worth Convention Center facilities without City Council approval in the same manner as currently provided for the Will Rogers Memorial Center. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. Council Member Silcox inquired why the limit amount was being raised to $25,000.00. City Attorney Yett stated that the increase was to implement changes in State law that gives more flexibility to the Purchasing staff without having to go before the City Council. Council Member Silcox stated that the limit had been previously raised from $5,000.00 to $15,000.00. He added that he could not support this item as it allowed Purchasing to utilize funds without Council approval. Council Member Haskin made a substitute motion, seconded by Council Member Silcox, that the recommendation be continued one week to allow staff to provide a report to the Council relative to utilizing these funds without Council approval. City Manager Jackson requested a longer continuance to allow the staff time to prepare a detailed report. Council Member Haskin amended her motion, and Council Member Silcox amended his second, that the recommendation be continued until October 9, 2001. The motion carried unanimously. P-9466 There was presented Mayor and Council Communication No. P- Ord. # 14789 9466 from the City Manager recommending that the City Council: Two-Color Offset Press 1. Adopt Appropriation Ordinance No. 14789 appropriating $56,750.00 to the Office Services Fund and decreasing the reserved, undesignated retained earnings by the same amount for the purpose of providing funding for the purchase of a two-color offset press; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 16 of 26 2. Authorize the purchase of a two-color offset press from Heidelberg USA for the Reprographics Department based on the low bid meeting specifications with payment due within 30 days from the invoice date for the amount of $56,750.00 after the trade in; and 3. Authorize the trade-in and removal of the existing Multilith Model 1650 for the trade-in value of$1,000.00. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. L-13140 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13140, dated September 11, 2001, Right-of- Way Acquisition of One Property for the Highway Improvement of Vickery Boulevard from Henderson Street to BU287P (DOE 2820), be withdrawn from the agenda. L-13150 There was presented Mayor and Council Communication No. L- Purchase of 13150 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lot 11, Block 3, Evans Avenue Evans South Addition (801 Pulaski Street), from Walker Estate for and Rosedale the development of the Evans Avenue and Rosedale Street Street Business Business and Cultural District for $27,300.00 plus closing costs; and Cultural and authorize the City Manager to execute the appropriate closing District documents, and allow the Engineering Department, Real Property Management Division to file the deed in the City's name. It was the consensus of the City Council that the recommendation be adopted. L-13151 There was presented Mayor and Council Communication No. L- Lease 13151 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a T-Hangar Lease Performance Agreement with Performance Magnetos, Inc. for T-Hangar Unit Magnetos, Inc. 24S/Unit 10 and office space at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 17 of 26 L-13152 There was presented Mayor and Council Communication No. L- Lease 13152 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a T-Hangar Lease Dan Morton Agreement with Dan Morton for T-Hangar 24S/Unit 3 at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13153 There was presented Mayor and Council Communication No. L- Terminate CSC # 13153 from the City Manager recommending that the City Council 25973; Lease authorize the termination of City Secretary Contract No. 25973 and Agreement with authorize the City Manager to execute a lease agreement with Construction Construction Admin, Inc. for office space at Fort Worth Meacham Admin, Inc. International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13154 There was presented Mayor and Council Communication No. L- Condemnation 13154 from the City Manager recommending that the City Council of Permanent authorize the condemnation of one permanent easement needed Easement for the relocation of Main M-279 from Robert Maberry (DOE 1830); declare the necessity of taking an interest in a portion of Lot 25, North Fort Worth Addition; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13155 There was presented Mayor and Council Communication No. L- Condemnation 13155 from the City Manager recommending that the City Council of Permanent authorize condemnation of one permanent easement and one Easement and temporary construction easement needed for the relocation of Temporary Main M-279 from Cheryl Rider (DOE 1830); declare the necessity of Construction taking an interest in a portion of Lot 10C4, M. G. Ellis Addition; and Easement authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 18 of 26 L-13156 There was presented Mayor and Council Communication No. L- Condemnation 13156 from the City Manager recommending that the City Council of Permanent authorize the condemnation of seven permanent easements and Easements and three temporary construction easements needed for the relocation Temporary of Main M-279 from Jack Walters (DOE 1830); declare the necessity Construction of taking an interest in a portion of Lots 13-24, North Fort Worth Easements Addition; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. PZ-2321 There was presented Mayor and Council Communication No. PZ- Ord. # 14790 2321 from the City Manager recommending that the City Council Emergency adopt Ordinance No. 14790 vacating a 40-foot wide by variable Access length emergency access easement located in Lots 3, 6, 7 and 8, Easement Block 1-R, United Services Center Addition, Fort Worth, Texas. It VA-00-029 was the consensus of the City Council that the recommendation be adopted. PZ-2322 There was presented Mayor and Council Communication No. PZ- Ord. # 14791 2322 from the City Manager recommending that the City Council Sanitary Sewer adopt Ordinance No. 14791 vacating a 30-foot wide by 820-foot Easement long sanitary sewer easement, containing approximately 0.564 Vacation acres, located in the L. C. King Survey, Abstract No. 906, and a VA-01-018 portion of a 115.349 acre tract of land in the deed to the Ranches North, Ltd., Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-18739 There was presented Mayor and Council Communication No. C- Withdrawn 18739 from the City Manager recommending that the City Council authorize the City Manager to execute an interlocal agreement with the Texas Department of Transportation (TxDOT) (State) for the maintenance of the landscape improvements for the areas along IH30 between Riverside Drive and Forest Park Boulevard and along IH35W between Luella Street and Hattie Street. Council Member Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication C-18739 be withdrawn. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 19 of 26 C-18739 Revised There was presented Mayor and Council Communication No. C- Continued Until 18739 Revised from the City Manager recommending that the City October 9, 2001 Council authorize the City Manager to execute an interlocal agreement with the Texas Department of Transportation (TxDOT) (State) for the maintenance of the landscape improvements for the areas along IH30 between Riverside Drive and Forest Park Boulevard and along IH35W between Luella Street and Hattie Street. Council Member Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication G-18739 Revised be continued until October 9, 2001. The motion carried unanimously. C-18749 There was presented Mayor and Council Communication No. C- Stanfield 18749 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stanfield d/b/a S & J Enterprises, Inc. d/b/a S & J Electric, in the amount of $205,486.15 Electric for the construction of new traffic signals at the intersections of North Beach Street/Springdale Road, North Beach Street/Stanley- Keller Road, and South Hulen Street/Ledgestone Drive (Project No. TPW-TE-2001-00011). It was the consensus of the City Council that the recommendation be adopted. C-18750 There was presented Mayor and Council Communication No. C- American Water 18750 from the City Manager recommending that the City Council Works authorize the City Manager to execute an agreement with the Association American Water Works Association for the QualServe assessment for the Water Department for an amount not to exceed $40,000.00. It was the consensus of the City Council that the recommendation be adopted. C-18751 There was presented Mayor and Council Communication No. C- Trinity River 18751 from the City Manager recommending that the City Council Authority authorize the City Manager to execute an Interlocal Agreement with the Trinity River Authority (TRA) to provide wastewater pipeline transportation to the TRA Central Plant utilizing existing pipelines. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 20 of 26 C-18752 There was presented Mayor and Council Communication No. C- APAC-Texas, 18752 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with APAC-Texas, Inc. for HMAC (hot mix asphaltic concrete) Surface Overlay 2001-13 at various locations, in the amount of $1,594,832.00 for 75 working days. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-18753 There was presented Mayor and Council Communication No. C- Reject Bids for 18753 from the City Manager recommending that the City Council Renovation of authorize the City Manager to reject all bids received for the Bradley Center renovation of the Bradley Center. Council Member Moss made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-18754 There was presented Mayor and Council Communication No. C- Gibson & 18754 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract with Gibson and Associates, Inc. for the Repair and Repainting of the First Street Bridge over the West Fork of the Trinity River in the amount of $267,800.00 and approve the closure of the First Street Bridge for 60 working days. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-18755 There was presented Mayor and Council Communication No. C- APAC-Texas, 18755 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with APAC-Texas, Inc. for HMAC (hot mix asphaltic concrete) Surface Overlay 2001-14 at various locations, in the amount of $792,094.00 for 60 working days. Council Member Silcox made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-18756 There was presented Mayor and Council Communication No. C- Northstar 18756 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Northstar Inc. Construction, Inc. for Concrete Restoration (CR2001-20) at various locations, in the amount of $1,500,000.00 for 150 working days. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 21 of 26 Public Hearing It appeared that the City Council continue the public hearing for the 2817 Race Street Appeal of the Order of the Building Standards Commission Continued from regarding 2817 Race Street. Mayor Barr asked if there was anyone September 18, present desiring to be heard. 2001 Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 2817 Race Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$46,600.00. Elijah Ragira Mr. Elijah Ragira, 5009 E. Lancaster, representing the owner of the property, appeared before Council and stated that he had a contract to purchase this property. He stated that repair work had been completed to windows in 10 of the units and that a contractor had been hired to install the fire alarm system. Brian Bewley Mr. Brian Bewley, 401 Wren Court, Burleson, Texas, stated that he was the contractor for this property. He briefed Council on the work to be done on the property and stated that he had contacted the Construction and Fire Prevention Board on requirement standards. He stated that although there was no fire system present, there were smoke detectors in each unit. He added that the fire system would be installed as soon as installation of the conduit was completed. Mayor Barr stated that this case was originally heard by the Building Standards Commission (BSC) in September 1998 and asked why it had taken four years to obtain a contractor for repair. Mr. Bounds stated that at the time the original order was issued and repair work started, the issue with the windows surfaced. This caused the case to go before Council for review and then there were a few months where the case went back and forth to the Safety and Community Development Committee. A repair standard was finally agreed upon that did not change the requirements for the structure. He added that during that time the case was placed on hold; however, the other substandard conditions, identified by the initial inspection, had been resolved. There were a number of months where appeals and alternatives were presented by the owner regarding the cost of the recommended fire alarm system, and other plans were submitted and denied by the board. The case was eventually returned to the BSC. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 22 of 26 Mr. Ragira stated that the value of this property was assessed at $380,000.00. He added that the contracted repair work would cost over $26,000.00, not counting the approximately $12,000.00 that had already been spent to repair the windows. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Council Member Silcox, that the public hearing be closed and that the City Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $46,600.00. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Haskin, Picht, and Wentworth NOES: Council Member Moss ABSENT: Mayor Pro tempore McCloud and Council Member Davis Public Hearing It appeared that the City Council set today as the date for a public 1601-03 Birdell hearing for the Appeal of the Order of the Building Standards Street Commission regarding 1601-03 Birdell Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 1601-03 Birdell Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $1,800.00. Leavern Ms. Leavern Rollerson, 5653 Ramey Avenue, owner of the property, Rollerson appeared before Council and stated that she had replaced doors, screens on windows, the roof, and had painted the exterior of the building. She stated that she was also working on three other properties. In response to Council Member Moss' inquiry regarding the length of time she would require to complete repairs and bring the house up to code requirements, she stated that an additional five months would be needed. Mr. Bounds' rebuttal stated that Ms. Rollerson has had adequate time to make the necessary repairs and requested Council sustain the order of the Building Standards Commission. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 23 of 26 Ms. Rollerson stated that she would need the $1,800.00 to repair the building and would try to get the repairs completed in 30 days. 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 City Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $1,800.00 with the understanding that the civil penalty would be dismissed if the property was brought up to code standards in 30 days. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 19246 th Avenue hearing for the Appeal of the Order of the Building Standards Continued Until Commission regarding 1924 6t" Avenue. Mayor Barr asked if there October 30, 2001 was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 1924 6t" Avenue, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$1,550.00. Joseph Yamine Mr. Joseph Yamine, 1701 Grand Avenue, representing the owner of the property, stated that he was not aware he had to apply to the Historic and Landmarks Commission for a historical certificate to repair this property when it was purchased. He added that he had to appear before the BSC again to explain the delay in repair of the property being caused by his application to the commission. He informed the Council that he had the money and material to repair the house to code standards and that he intended to live in the house once repaired. He requested Council grant him six months to repair the house. Mr. Bounds stated that the civil penalty ended this case. It would be the intent of staff to reinitiate this case and bring it back for review. The period of time being requested for repair is too long based on the previous order. The BSC decided to assess the civil penalty in recognition of the fact that delays were within the property owner's control. The owner would then be sent another notice and would have the opportunity to go before the BSC and request time to complete repairs under a new order. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 24 of 26 Mr. Yamine stated that he looked forward to repairing and restoring the house. He asked Council for the opportunity to make repairs to this house. Council Member Lane spoke in support of Mr. Yamine's request and stated that Mr. Yamine had done a lot of good work on the north side of the city. He added that Mr. Yamine should be given the benefit of the doubt and the opportunity to preserve the property for historical purpose. Council Member Haskin stated that Council Member Davis requested she make the following recommendation: Within the next 30 days, the owner must go back to the BSC with a plan to complete the structure and the amount of time will be determined by the BSC with the owner. Additionally, the owner must enter into a payment plan to start paying the back taxes. Ms. Davis also requested that this case be returned to Council in the next 30 days. Ms. Haskin stated it was recommended that the civil penalty be upheld but if the $1,550.00 were used toward repair of the structure, the civil penalty would be waived. City Attorney Yett stated that a recommendation should be made to delay final action on this case until October 30, 2001. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Lane, that the public hearing be continued until October 30, 2001 and that staff be directed to develop a plan with the owner to complete repair of the property. The motion carried unanimously. Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before City Presentation Council regarding Sister Cities, terrorism, and other topics. Riley Cantrell Jason Smith Mr. Jason C. N. Smith, 600 8t" Avenue, an attorney representing Deputy Marshal William Fox, appeared before Council and requested that a provision be included to Marshal Fox's lawsuit against the City whereby he would be free from retaliation by the City and individuals named in the lawsuit. He asked that Council discuss his request during today's Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 25 of 26 William Fox Deputy Marshal William Fox, 918 Silver Creek Road, Azle, Texas, appeared before Council and stated that he would like to resolve the lawsuit. He requested Council allow the provision as stated by his attorney to be included as part of the settlement. Mayor Barr advised Mr. Smith and Marshal Fox that the lawsuit could not be addressed during today's Executive Session as it was not reflected on the published agenda; however, he requested that staff post it for consideration at the meeting of October 2, 2001. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:20 p.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) Virgil Lee Oliver v. City of Fort Worth, et al, Civil Action No. 4:00-CV-1748-Y; b) Legal issues concerning any City Council agenda item; 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; 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. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 25, 2001 PAGE 26 of 26 Reconvened The City Council reconvened into regular session at 12:53 p.m. Adjournment There being no further business, the meeting was adjourned at 12:53 p.m. CITY SEC�MRY MAYOR