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HomeMy WebLinkAbout2001/05/29-Minutes-City Council CITY COUNCIL MEETING MAY 29, 2001 Date & Time On the 29th day of May, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:50 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Pastor Tim Crow, Riverside Evangelistic Temple. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of May 22, 2001, were approved unanimously. Announcements Council Member Davis announced that a Police Forum for residents of District 9 would be held tonight at 7:00 p.m. at the Charles E. Nash Elementary School in the Samuel Avenue Neighborhood. She stated that representatives from the Police and other City departments would be present to address the concerns of the residents. Council Member Picht stated that he had attended four Veteran's Day celebrations this last weekend and thanked everyone involved for working hard to make this Memorial Day a special holiday honoring our Veterans. City Manager Jackson introduced the new Assistants to the City Manager, Marisol Trevizo and Anthony Snipes. Mayor Barr and Council Members welcomed them to the organization. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. P-9372 and P-9373 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. P-9372 and P-9373 be continued for one Staff week. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 2 of 21 Consent Agenda On motion of Council Member Moss, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, to appoint Mr. Jungus Fontaine Jordan to Place 6 on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission effective May 29, 2001, with a term to expire October 1, 2002. The motion carried unanimously. Mr. Picht also expressed appreciation to Mr. Arnaldo Velez for his work on the Commission. Council Member Haskin made a motion, seconded by Council Member Lane, to appoint Lorie Offutt Kinler to Place 4 on the Historic and Cultural Landmarks Commission effective July 1, 2001, with a term expiring October 1, 2002. The motion carried unanimously. Council Member Moss made a motion, seconded by Council Member Silcox, to appoint Sharon Armstrong to Place 5 on the Historic and Cultural Landmarks Commission effective May 29, 2001, with a term expiring October 1, 2001. The motion carried unanimously. OCS-1216 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1216 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows: A+ Affordable Concrete Western Surety Company All Type Concrete dba Jesus Manual Donias Western Surety Company Bick's Concrete, Inc. Merchants Bonding Company L.G. (Larry) Coffman Concrete, Inc. RLI Surety Company DPR Construction, Inc. United States Fidelity and Guaranty Estes Concrete Contractors, Inc. State Farm Fire and Casualty Co. Hardscape Construction Specialties Western Surety Company Hicks Concrete Excavation RLI Insurance Company Huffman Concrete Western Surety Company Rankin Construction, Inc. Old Republic Surety Company Sizelove Construction Co., Inc. American States Insurance Co. Spring Valley Construction Company Merchants Bonding Company (Mutual) It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 3 of 21 OCS-1217 There was presented Mayor and Council Communication No. OCS- Claims 1217 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-13244 There was presented Mayor and Council Communication No. G- Appointment to 13244 from the City Manager recommending that the City Council Crime authorize the appointment of Assistant City Manager Libby Watson Prevention to the Crime Prevention Resource Center Board of Directors. It Resource Center was the consensus of the City Council that the recommendation be Board of adopted. Directors G-13245 There was presented Mayor and Council Communication No. G- Res. # 2730 13245 from the City Manager recommending that the City Council Payment of adopt Resolution No. 2730 confirming the engagement of Mr. Attorney's Fees George Staples to represent Police Officer R. L. Hudson in the to George lawsuit of Luis Hernandez et al v. City of Fort Worth, et al, Civil Staples Action No. 4:99-CV-0318-Y, and authorize the payment of reasonable attorney's fees not to exceed $30,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13246 There was presented Mayor and Council Communication No. G- Res. # 2731 13246 from the City Manager recommending that the City Council Increase adopt Resolution No. 2731 increasing by $35,000.00 the amount Amount Paid to authorized to be paid to Gary Ingram and/or the law firm of Gary Ingram Jackson Walker, L.L.P. for providing the City with representation and/or Law Firm and consultation in civil rights litigation and related employment of Jackson issues. It was the consensus of the City Council that the Walker, L.L.P. recommendation be adopted. G-13247 There was presented Mayor and Council Communication No. G- Res. # 2732 13247 from the City Manager recommending that the City Council: Employ Law Firm of 1. Authorize the City Manager to retain the law firm of Whitaker, Whitaker, Chalk, Chalk, Swindle & Sawyer, L.L.P. and designate John Allen Swindle & Chalk as outside counsel, pursuant to Chapter VI, Section 3 Sawyer, L.L.P. of the City Charter, to assist the City Attorney in representing and defending the City in Cause Number 342- 181398-99, TEAM Commercial Real Estate, LLC v. The City of Fort Worth, Texas; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 4 of 21 2. Adopt Resolution No. 2732 fixing in advance, as far as practicable, the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P. in an amount not to exceed $50,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13248 There was presented Mayor and Council Communication No. G- Ord. # 14635 13248 from the City Manager recommending that the City Council: Funds for Insured Property 1. Adopt Supplemental Appropriation Ordinance No. 14635 and Liability increasing the estimated receipts and appropriations in the Losses Insurance Fund in the amount of $225,768.46 from available funds due to the subrogation and recovery from commercial insurance coverage; and 2. Authorize the transfer of $270,778.27 from the Insurance Fund to various funds. It was the consensus of the City Council that the recommendation be adopted. G-13249 There was presented Mayor and Council Communication No. G- Verify Historic 13249 from the City Manager recommending that the City Council Site Tax approve the owners' applications for verification of the Historic Exemptions — and Cultural Landmark Historic Site Tax Exemptions for 1809 1809 Hurley Hurley Avenue, 1919 and 1924 5th Avenue located in the Fairmount Avenue, 1919 Southside Historic District, and 2324 Edwin Street. It was the and 1924 5th consensus of the City Council that the recommendation be Avenue, 2324 adopted. Edwin Street G-13250 There was presented Mayor and Council Communication No. G- Partial Historic 13250 from the City Manager recommending that the City Council Site Tax approve the owners' applications for Historic and Cultural Exemptions — Landmark partial historic site tax exemptions for 810 Ingram Street, 810 Ingram St., 1820 South Henderson Street, and 1409 7th Avenue located in the 1820 South Fairmount Southside Historic District. It was the consensus of the Henderson St. City Council that the recommendation be adopted. and 1409 7th Ave. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 5 of 21 Public Hearing It appeared that the City Council set today as the date for a public hearing regarding designation of Tax Abatement Reinvestment Zone Number 37, City of Fort Worth, Texas. Mayor Barr asked if there was anyone present desiring to be heard. Ardina Washington, representing Economic Development, appeared before the Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13251, as follows: G-13251 There was presented Mayor and Council Communication No. G- Public Hearing 13251 from the City Manager recommending that the City Council Regarding conduct a public hearing regarding the designation of Tax Designation of Abatement Reinvestment Zone Number 37, City of Fort Worth, Tax Abatement Texas. Reinvestment Zone Number 37 There being no one else desiring to be heard, Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that the public hearing be closed and staff be directed to prepare an ordinance establishing Tax Abatement Reinvestment Zone Number 37. The motion carried unanimously. Reconsideration Mayor Barr stated that he had just received a speaker card for of Consent Mayor and Council Communication No. PZ-2299, previously Agenda approved under the consent agenda, and requested that Council reconsider the consent agenda at this time in order to remove PZ- 2299. Council Member Haskin made a motion, seconded by Council Member Silcox, that the consent agenda be reconsidered at this time. The motion carried unanimously. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No PZ-2299 be withdrawn from the consent agenda. Council Member Silcox made a motion, seconded by Council Member Davis, that the consent agenda be adopted, as amended. The motion carried unanimously. G-13252 There was presented Mayor and Council Communication No. G- Settlement of 13252 from the City Manager recommending that the City Council Claim — TXU approve the settlement of the claim filed by TXU Electric and Gas Electric and Gas for gas line breakage, authorize the City Manager to expend the CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 6 of 21 sum of $46,328.21 for the settlement agreed to by TXU Electric and Gas and the City of Fort Worth, and authorize a check to be issued in the amount of$46,328.21 payable to TXU Electric and Gas. Council Member Moss informed Council that he had a conflict, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss G-13253 There was presented Mayor and Council Communication No. G- Res. # 2733 13253 from the City Manager recommending that the City Council Payment of adopt Resolution No. 2733 confirming the engagement of Mr. Bill Attorney's Fees Lane to represent Police Officer Alkins in the lawsuit of Luis to Bill Lane Hernandez et al v. City of Fort Worth, et al, Civil Action No. 4:99- CV-0318-Y, and authorize the payment of reasonable attorney's fees not to exceed $30,000.00. Council Member Lane informed Council that he had a conflict, that he would file 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 Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 7 of 21 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Lane G-13254 There was presented Mayor and Council Communication No. G- Continued for 13254 from the City Manager recommending that the City Council One Week adopt an ordinance amending Ordinance No. 13543, as previously amended by Ordinance Nos. 13672, 13673, 13674 and 13842, codified as Chapter 2, Article VI, Division I, Entitled "Employees Retirement Fund," of the Code of the City of Fort Worth (1986), as amended, which ordinances establish and provide for a retirement system, retirement plan and benefits thereunder for employees of the City of Fort Worth; providing an increase in the number of directors serving as the Board of Directors of the Fund of the City of Fort Worth; modifying the employee groups from which directors are elected; modifying the election procedures for employee and retiree board members; providing an ethics code to be followed by all board members, and providing an effective date. John Kerr Mr. John Kerr, 1200 Blackberry Ct., President of the Fort Worth Police Officers' Association, appeared before Council in opposition of various provisions of the ordinance. He requested that Council delay voting on this issue until further input could be received from employees who would be affected by the proposed restructuring of the Board of Directors. Jim Tate Mr. Jim Tate, 417 N. Retta, and representing the Fort Worth Firefighters' Association, voiced opposition to the proposed ordinance and requested that Council reconsider restructuring the board. Sue Winter Ms. Sue Winter, 5404 El Campo Avenue, appeared before Council in favor of the ordinance and requested that Council delay voting until input was received from general City employees. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended, after which a lengthy discussion ensued. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 8 of 21 Mayor Pro tempore McCloud made a substitute motion, seconded by Council Member Picht, to continue this issue for one week. The motion carried unanimously. P-9370 There was presented Mayor and Council Communication No. P- Water Fittings 9370 from the City Manager recommending that the City Council authorize a purchase agreement for water fittings from Hughes Supply, Inc. for the Water Department with discounts offered from manufacturer's list price, net payment due 30 days from the date of the invoice, freight charges included to the receiving point; and authorize this agreement to begin June 1, 2001, and expire May 31, 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-9371 There was presented Mayor and Council Communication No. P- SCADA System 9371 from the City Manager recommending that the City Council Tower Repair authorize the purchase of Supervisory Control and Data Acquisition System (SCADA) tower repair from Nationwide Tower Company for the Water Department, Water Production Division based on the low bid meeting specifications for an amount not to exceed $32,500.00, with payment due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9372 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9372, Purchase of One Aerial Platform Truck One Week from Commercial Body Corporation for the Transportation and Public Works Department, be continued for one week. P-9373 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9373, Purchase of Relief Service for a John One Week Deere Motor Grader from RDO Equipment Company for the Transportation and Public Works Department, be continued for one week. P-9374 There was presented Mayor and Council Communication No. P- Leak Noise 9374 from the City Manager recommending that the City Council Logger System authorize the purchase of a leak noise logger system from Fluid Conservation Systems for the Water Department based on the low bid meeting specifications for an amount not to exceed $52,000.00. Shipping cost included to the receiving point with payment due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 9 of 21 P-9375 There was presented Mayor and Council Communication No. P- Sewer Pipeline 9375 from the City Manager recommending that the City Council Inspection TV authorize the purchase of Sewer Pipeline Inspection TV Camera Camera Systems Systems from STM Equipment, Inc. for the Water Department based on the low bid meeting specifications for an amount not to exceed $23,750.00. Shipping cost included to the receiving point with payment due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9376 There was presented Mayor and Council Communication No. P- Hand Tools 9376 from the City Manager recommending that the City Council authorize the purchase of hand tools from multiple vendors for the Water Department based on the low bid of unit prices meeting specifications for a total amount not to exceed $67,038.00. Shipping cost included to the receiving point with payments due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9377 There was presented Mayor and Council Communication No. P- OEM Fire Pump 9377 from the City Manager recommending that the City Council: and Valve Parts 1. Authorize a purchase agreement for OEM (original equipment manufacturer) fire pump and valve parts with Fort Worth Freightliner for the City Services Department. Prices will be based on the overall low bid of manufacturer's list price less discounts. Payment due ten days from the date the invoice is received. The City takes ownership at the City's facilities, freight is not charged; and 2. Authorize this agreement to begin May 29, 2001, and expire May 28, 2002, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9378 There was presented Mayor and Council Communication No. P- Confirm 9378 from the City Manager recommending that the City Council Emergency confirm the emergency purchases of hot mix/cold lay asphalt from Purchases of Vulcan Materials for the Water Department, Field Operations Hot Mix/Cold Division, in an amount of $20,500.00, with final payment due 30 Lay Asphalt days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 10 of 21 P-9379 There was presented Mayor and Council Communication No. P- Timken 9379 from the City Manager recommending that the City Council: Bearings, National and 1. Authorize a purchase agreement for Timken bearings, Chicago National seals and Chicago Rawhide seals with Fort Worth Rawhide Seals Freightliner for the City of Fort Worth. Prices will be based on the low bid of manufacturer's list price less discounts. Payment due ten days from the date the invoice is received. The City takes ownership at the City's facilities, freight is not charged; and 2. Authorize this agreement to begin June 25, 2001, and expire June 24, 2002, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9380 There was presented Mayor and Council Communication No. P- Asphalt Crack 9380 from the City Manager recommending that the City Council Sealer authorize a purchase agreement with Crafco Texas, Inc. to provide asphalt crack sealer for the Transportation and Public Works Department, Lights and Signal Division based on the low bid meeting specifications with payment due 30 days from the date of the invoice and authorize this agreement to begin May 29, 2001, and expire May 28, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9381 There was presented Mayor and Council Communication No. P- Submersible 9381 from the City Manager recommending that the City Council Pumps and authorize a purchase agreement with ITT Flygt Corporation for Parts submersible pumps, parts and repair service for the Water Department based on the sole source bid of manufacturer's list prices, with shipping costs prepaid and added to the invoice, payment due 30 days from the date of the invoice and authorize this agreement to begin June 1, 2001, and expire May 31, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 11 of 21 P-9382 There was presented Mayor and Council Communication No. P- Jet-A Fuel 9382 from the City Manager recommending that the City Council: 1. Authorize a purchase agreement for Jet-A fuel with Avfuel Corporation for the City of Fort Worth, and interlocal agreements with any governmental entities. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price Information Service) Petro Scan Average Price List per gallon, plus cents per gallon markup for the day the fuel is delivered. Payment is due 30 days from the date of the invoice is received. The City takes ownership at the City's storage tank and freight is not charged; and 2. Authorize the City Manager to enter into interlocal purchase agreements with any governmental entities, as requested, based on the same prices, terms and conditions of the original agreement; and 3. Authorize this agreement to begin May 29, 2001, and expire May 28, 2002, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9383 There was presented Mayor and Council Communication No. P- Backfill Sand 9383 from the City Manager recommending that the City Council authorize a purchase agreement for backfill sand with McCauley Dirt Company for the Water Department based on the low bid with payment due 30 days from the date of the invoice and authorize this agreement to begin May 29, 2001, and expire May 28, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9384 There was presented Mayor and Council Communication No. P- Moyno Pumps, 9384 from the City Manager recommending that the City Council Repair Parts and authorize a purchase agreement for Moyno pumps, parts and Related Items related items with Moyno, Inc. for the Water Department based on the sole source bid of manufacturer's list prices, with payment due CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 12 of 21 30 days from the date of the invoice, freight included in the unit price and authorize this agreement to begin June 1, 2001, and expire May 31, 2002, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9385 There was presented Mayor and Council Communication No. P- Summer Food 9385 from the City Manager recommending that the City Council Program Meals authorize an agreement to furnish meals for the summer food program with The Paper Plate, Inc. for the Parks and Community Services Department based on the overall low bid of $195,500.00, with payment due 30 days after receipt of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9386 There was presented Mayor and Council Communication No. P- City Equipment 9386 from the City Manager recommending that the City Council and Vehicle authorize a purchase agreement for equipment and vehicle towing Towing Services services with Texas Towing, Inc. for the City Services Department based on the low bid with payments due 30 days from the date the invoices are received and authorize this agreement to begin May 29, 2001, and expire May 28, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13053 There was presented Mayor and Council Communication No. L- Conveyance of 13053 from the City Manager recommending that the City Council Residential authorize the conveyance of one single-family residential property Property in described as Lots 15 and 16, Block 2, Towne Lake Phase II Connection with Addition, to Mary Jo Shelton in connection with the D/FW D/FW Airport International Airport Noise Mitigation Program; authorize the sale Noise Mitigation proceeds of $150,000.00 be retained in the D/FW International Airport Noise Mitigation Program in accordance with Resolution No. 2472; and authorize the City Manager to accept and record the appropriate instruments for retention of avigation easements over the properties. It was the consensus of the City Council that the recommendation be adopted. L-13054 There was presented Mayor and Council Communication No. L- Permanent 13054 from the City Manager recommending that the City Council Waterline and approve the acquisition of one permanent waterline easement and Temporary one temporary construction easement described as part of B. Construction Lavois Survey, Abstract 991, Tarrant County, Texas, from Georgia Easements Reeves Duncan Trust, required for the construction of a 48-inch CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 13 of 21 water transmission main near Westport Parkway, Haslet, Texas (Northside II Water Transmission Main — DOE 1958) for a total cost of $13,500.00. It was the consensus of the City Council that the recommendation be adopted. L-13055 There was presented Mayor and Council Communication No. L- Underground 13055 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent underground sanitary Line and sewer line easement and one temporary construction easement Temporary described as Parcel 7 and 8, part of W. McGowan Survey, Abstract Construction 999, Tarrant County, Texas, from AIL Investment, LP, for Sanitary Easement Sewer Main M-452, required for the construction of a municipal wastewater pipeline in north Tarrant County (DOE 3237) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13056 There was presented Mayor and Council Communication No. L- Permanent 13056 from the City Manager recommending that the City Council Water Main approve the acquisition of one permanent water main easement Easement described as Abstract 1329, Tract 113, Moses Walter Survey, Tarrant County, Texas from Daniel and Nancy Pryor needed for the construction, installation and maintenance of a water main line (DOE 3184) for a cost of $3,130.00. It was the consensus of the City Council that the recommendation be adopted. L-13057 There was presented Mayor and Council Communication No. L- Right-of-Way 13057 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of - one right-of-way dedication deed described as Lot 4, Block 5, Jose Chirino Survey, Tarrant County, Texas, from AIL Investment needed for the construction use, maintenance, repair and reconstruction of a public roadway and for any other legal purpose, including, without limitation, drainage facilities, utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned and privately owned, where permitted by the Grantee (DOE 3009) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13058 There was presented Mayor and Council Communication No. L- Permanent 13058 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 14 of 21 described as Lot 6, R. C. Males Subdivision, Tarrant County, Texas from Mary K. Schuder, required for the rehabilitation of Sanitary Sewer Main M-C1C413 (DOE 2696) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13059 There was presented Mayor and Council Communication No. L- Permanent 13059 from the City Manager recommending that the City Council Water Line approve the acceptance of one permanent water line easement Easement described as Lot 1, Block A, Lost Spurs Apartments, Tarrant County, Texas from Kingsley Creek Venture, Ltd. needed for water extension, replacement, relocation and maintenance of a water main line (DOE 3149) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13060 There was presented Mayor and Council Communication No. L- Permanent 13060 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement described as Lots 1 and 2, Block 39, Mira Vista Addition, Tarrant County, Texas from Mira Vista Development Corporation necessary for the construction and maintenance of utilities to serve the property and surrounding areas (DOE 3329) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13061 There was presented Mayor and Council Communication No. L- Lease with 13061 from the City Manager recommending that the City Council Alliance Center- authorize the City Manager to execute a lease for Space No. 1300 of East Association the Alliance Crossing Shopping Center located at 2421 Westport Parkway from Alliance Center-East Association at a cost of $1.00 per year and authorize the lease term to begin May 15, 2001, and expire May 14, 2002, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-13062 There was presented Mayor and Council Communication No. L- Lease 13062 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute an annual Terminal Building MBA Architects, Office Lease Agreement for 845 square feet of office space on the Inc. second floor of the Terminal Building at Fort Worth Meacham International Airport with MBA Architects, Inc. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 15 of 21 L-13063 There was presented Mayor and Council Communication No. L- Unimproved 13063 from the City Manager recommending that the City Council Ground Lease authorize the City Manager to execute an Unimproved Ground with Cleburne Lease with mandatory improvements for approximately 180,262 Sheet Metal square feet of unimproved land on the west side of Fort Worth Spinks Airport with Cleburne Sheet Metal. It was the consensus of the City Council that the recommendation be adopted. L-13064 There was presented Mayor and Council Communication No. L- Unimproved 13064 from the City Manager recommending that the City Council Ground Lease authorize the City Manager to execute a lease for approximately with Harry 26,000 square feet of unimproved land at Fort Worth Spinks Airport Phillips with Harry Phillips, an individual. It was the consensus of the City Council that the recommendation be adopted. L-13065 There was presented Mayor and Council Communication No. L- Conveyance of 13065 from the City Manager recommending that the City Council: Land Out of the C.C. Whyte Accept the conveyance of 0.635 acre and 1.212 acre tracts of Survey for land out of the C. C. Whyte Survey, A-611, Tarrant County, Widening of Texas, from Beach-North Tarrant, Ltd. for the widening of North Beach North Beach Street from Basswood Boulevard to Shiver Street Road; and 2. Authorize payment to Beach-North Tarrant, Ltd. in the amount of $165,000.00 for future development fees associated with development of property on North Beach Street; and 3. Authorize the City Manager to accept a special warranty deed and related documents from Beach-North Tarrant, Ltd. for such property, and to execute all documents necessary to complete the transfer of the property; and 4. Waive the assessment of construction costs against Beach- North Tarrant, Ltd. for current and any future widening of North Beach Street; and 5. Approve construction of water and sewer stubouts and a median break in North Beach Street to serve the property owned by Beach-North Tarrant, Ltd. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 16 of 21 L-13066 There was presented Mayor and Council Communication No. L- Condemnation 13066 from the City Manager recommending that the City Council of Permanent declare the necessity of taking an interest for easements rights in a and Temporary parcel of land in north Tarrant County from Thomas L. Jr. and Ruth Construction R. Perryman for construction of a proposed 48-inch water Easement transmission main near Blue Mound Road, Haslet, Texas (Northside II Water Transmission Main — DOE 1958) 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. L-13067 There was presented Mayor and Council Communication No. L- Continued for 13067 from the City Manager recommending that the City Council One Week accept the park dedication of 44.147 acres of land situated in the John Edmonds Survey, Abstract 457, City of Fort Worth, Tarrant County, Texas, from Centex Homes for The Vineyards at Heritage Addition. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. Council Member Haskin asked if the land dedication would also fund a park site in the area. Mr. Richard Zavala, Director of Parks and Community Services, stated that the policy for parkland dedication was not in effect at the time of this dedication. The new policy became effective in December, 2000 for all plats filed after that time. Mr. Randal Harwood, Assistant Director of Parks and Community Services, stated that all new preliminary plats would fall under the new policy. Preliminary plats are valid for two years so anything prior could still be active. Council Member Haskin modified her motion, and Council Member Lane modified his second, to continue this item for one week. The motion carried unanimously. L-13068 There was presented Mayor and Council Communication No. L- Continued for 13068 from the City Manager recommending that the City Council One Week accept the park dedication of 3.129 acres of land described as Lot CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 17 of 21 36, Block 17; Lot 1, Block 20; and Lot 10, Block 21, in the Samuel P. Williams Survey, Abstract 1690, City of Fort Worth, Tarrant, County, Texas from Hillwood Alliance Residential LLP for Heritage Addition. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. L-13068 be continued for one week. The motion carried unanimously. PZ-2296 There was presented Mayor and Council Communication No. PZ- Ord. # 14636 2296 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 14636 vacating a portion of a 15-foot wide by VA-00-023 170-foot long alley lying north of West Seminary Drive, as located in Block 8, adjacent to Lots 9-11 and 14-16, Walker's Addition, City of Fort Worth, Tarrant County, Texas, and containing approximately 2,550 square feet. It was the consensus of the City Council that the recommendation be adopted. PZ-2297 There was presented Mayor and Council Communication No. PZ- Ord. # 14637 2297 from the City Manager recommending that the City Council Partial Street adopt Ordinance No. 14637 vacating a segment of Leslie Street, Vacation being 44.20 feet wide and approximately 25 feet long lying between VA-00-065 Beckham Place and Mistletoe Boulevard, more specifically adjacent to Lots 84-87, Block 2, and Lot 2, Block 3A, Frisco Addition, City of Fort Worth, Tarrant County, Texas, as derived from recorded drawings and containing approximately 11,391 square feet of land. It was the consensus of the City Council that the recommendation be adopted. PZ-2298 There was presented Mayor and Council Communication No. PZ- Ord. # 14638 2298 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 14638 vacating a 5.388 acre segment of Nine VA-01-002 Mile Bridge Road in the Reata Addition, adjacent to Lot 1, Block 1; Lots 1 and 2, Block 3; Lots 13-19, Block 5; and Lot 22, Block 4, Reata Addition, Parker County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2299 There was presented Mayor and Council Communication No. PZ- Ord. # 14639 2299 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 14639 vacating a 5-foot wide by 257-foot long Vacation (variable length) utility easement containing approximately 0.041 VA-01-004 acres, crossing Lots A through D, Jack W. Sandifer's Subdivision, City of Fort Worth, Texas. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 18 of 21 PZ-2300 There was presented Mayor and Council Communication No. PZ- Ord. # 14640 2300 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 14640 vacating a 10-foot wide by 375-foot Vacation long utility easement, located in Lot 6, Block 2, of the B. Harris VA-01-012 Subdivision, City of Fort Worth, Tarrant County, Texas and containing approximately 3,750 square feet. 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 adoption of a resolution establishing Fort Worth Public Improvement District No. 9 (Parkwood Hill Area) and authorizing the City Manager to enter into a contract for management services in the district. Mayor Barr asked if there was anyone present desiring to be heard. Linda Brown, Deputy City Treasurer, appeared before the Council, gave a staff report, and called attention to Mayor and Council Communication No. C-18524, as follows: C-18524 There was presented Mayor and Council Communication No. C- Res. # 2734 18524 from the City Manager recommending that the City Council: Public Hearing Establishing PID 1. Hold a public hearing concerning the following matters: No. 9 a) The advisability of establishing the proposed district; and b) The general nature of the proposed improvements and/or services; and c) The estimated cost of improvements and/or services; and d) The proposed boundaries of the district; and e) The proposed method of assessment; and f) The proposed apportionment of costs between the improvement district and the City as a whole; and 2. Adjourn such public hearing; and 3. Adopt Resolution No. 2734 which: • Makes certain findings concerning the nature and advisability of the improvements and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment, and the apportionment of costs between the district and the City as a whole; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 19 of 21 • Establishes a public improvement district under the Public Improvement District Assessment Act (the "Act") (V.T.C.A., Local Government Code, Section 372.001 et seq.) to be known as the Fort Worth Improvement District No. 9; and • Authorizes the City to exercise the powers granted by the Act in connection with the establishment of a public improvement district; and • Directs the City Secretary to publish notice of the establishment of the district as required by the Act; and 4. Authorize the City Manager to enter into a contract with a management company to provide management services to the district. There being no one else present desiring to be heard in connection with establishing Fort Worth Public Improvement District No. 9, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and that the recommendation be adopted, with the amended resolution which changes the establishment date of Public Improvement District No. 9 to May 29, 2001 and amends the budget to $85,433.00 for the first year of operation. The motion carried unanimously. Council Member Haskin also expressed her appreciation to Ms. Brown, Jim Keys, Director of Finance, Assistant City Attorney Cynthia Garcia, Lumberman's Corporation, and the residents of the Parkwood Hill Addition for their cooperation. C-18605 There was presented Mayor and Council Communication No. C- Renew CSC # 18605 from the City Manager recommending that the City Council: 23745 - Lake Como Area 1. Authorize the City Manager to renew City Secretary Contract Council (CSC) No. 23745, as amended by CSC No. 25753, with the Lake Como Area Council, Inc. (LCAC) for one year from the date of execution of the contract amendment; and 2. Authorize reallocation of up to $11,501.00 in Home Investment Partnerships Program (HOME) funds from the City's Home Improvement Loan Program to the LCAC's Housing Development and Rehabilitation account; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 20 of 21 3. Authorize reallocation of up to $2,542.24 in Community Development Block Grant (CDBG) funds from the City's Home Improvement Loan Program to the LCAC's Economic Development activities; and 4. Authorize amendment of the contract amount to reflect the addition of up to $11,501.00 (HOME) and up to $2,542.24 (CDBG) funds, for an amended contract amount not to exceed $491,693.24; and 5. Allow a change-in use of up to $50,000.00 in CDBG funds dedicated to Economic Development in the form of a Small Business Revolving Loan Fund to Economic Development in the form of acquisition or construction of a commercial structure; and 6. Authorize extension or renewal of the contract if the LCAC requests an extension or renewal; and 7. Authorize amendment of the contract, if necessary, to achieve project goals, provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations; and 8. Authorize amendment of the Year 1997 Consolidated Plan to reflect reallocation of up to $2,542.24 in CDBG funds from the Home Improvement Loan Program to Economic Development. It was the consensus of the City Council that the recommendation be adopted. C-18606 There was presented Mayor and Council Communication No. C- Amendment No. 18606 from the City Manager recommending that the City Council 1 — CSC # 23129 authorize the City Manager to execute Amendment No. 1 to City — Kimley-Horn Secretary Contract No. 23129 with Kimley-Horn and Associates, and Associates, Inc. for the design and construction management of the Repair and Inc. Repainting of the Meadowbrook Elevated Storage Tank project, and repairs to the Alta Mesa Ground Storage Tank, increasing the total contract cost by $49,900.00, from $135,000.00 to $184,900.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 29, 2001 PAGE 21 of 21 C-18607 There was presented Mayor and Council Communication No. C- Change Order 18607 from the City Manager recommending that the City Council No. 1 — CSC # authorize the City Manager to execute Change Order No. 1 to City 26209 — N. G. Secretary Contract No. 26209 with N. G. Painting, Inc. for the repair Painting, Inc. and repainting of the Northwest 1 MG (million gallons) Elevate Tank in the amount of $89,230.00, thereby increasing the contract amount to $579,730.00. It was the consensus of the City Council that the recommendation be adopted. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:52 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) William L. Jacobs vs. City of Fort Worth, Texas and Fort Worth Zoological Association, Cause No. 67- 184762-00; and b) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code; and 3. 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. Reconvened The City Council reconvened into regular session at 12:46 p.m. Adjournment There being no further business, the meeting was adjourned at 1"6 6 P.M. CITY SECftETARY MAYOR