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HomeMy WebLinkAbout2000/02/22-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 22, 2000 Date & Time On the 22nd day of February A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 10:11 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 Bob Terrell; 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 City Secretary Pearson. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Davis, the minutes of the regular meeting of February 15, 2000 were approved unanimously. Announcements Council Member Lane announced that on March 15, 2000 from 5:00 or 5:30 to 7:30 p.m. at the Will Rogers Memorial Coliseum Round-Up Inn, there would be a City-wide reception for Police Chief Mendoza and his family. He invited the public to attend. Council Member Davis announced that on March 29, 2000 at 7:00 p.m. at the Travis Avenue Baptist Church, District 9 would have a Police Forum. She invited all interested citizens to attend. She also commended the Fairmount Neighborhood for their private initiative efforts in the collection of books and computer equipment for a Library in this area. Consent Agenda On motion of Council Member Haskin, seconded by Council Member Lane, the consent agenda was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, to reappoint the following individuals to the boards indicated effective February 22, 2000, with terms to expire October 31, 2000 or as otherwise noted: Board of Adjustment: Mr. Craig Harbuck, Place 1 Mr. Vernon V. Edwards, Place 3 Mr. Santos Aguilera, Place 5 Mr. Ernest Johnson, Place 7 CITY COUNCIL MEETINU FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 2of19 Fort Worth Alliance Airport Board of Adjustment: Mr. Craig Harbuck, Place 1 Mr. Vernon V. Edwards, Place 3 Mr. Santos Aguilera, Place 5 Mr. Ernest Johnson, Place 7 Fort Worth Human Relations Commission: (Terms Expire October 1, 2001) Ms. Janet Pacatte, Place 5 Ms. Karen Anisman, Place 7 Mr. Ruben Gonzalez, Place 9 Neighborhood Resources Development Council Council Member Frank Moss, Place 2 (Indefinite term) The motion carried unanimously. Ord. # 14099 There was presented by the City Council of the City of Fort Worth, Amending 1968 Texas, the adoption of the Thirtieth Supplemental Concurrent Regional Airport Bond Ordinance No. 14099, Passed Concurrently by the City Bond Ordinance Councils of the Cities of Dallas and Fort Worth, Supplementing and Authorizing and Amending the 1968 Regional Airport Concurrent Bond Issuance of Ordinance of the Cities, and Authorizing the Issuance of Additional Additional Joint Revenue Bonds of the Cities Relating to the Bonds Dallas-Fort Worth International Airport, Authorizing Other Obligations of the Cities Relating to the Airport, Establishing, Providing and Confirming the Security Therefor, and Prescribing Other Matters with Respect Thereto. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be approved. The motion carried unanimously. Ord. # 14100 There was presented by the City Council of the City of Fort Worth, Authorizing Texas, the adoption of the Thirty-First Supplemental Concurrent Joint Revenue Bond Ordinance No. 14100, Authorizing Dallas-Fort Worth Bonds, Series International Airport Joint Revenue Bonds, Series 2000A, for 2300A, Sale, Lawful Purposes; Providing the Security Therefor; Providing for Execution and the Sale, Execution and Delivery Therefor; and Providing Other Delivery Terms, Provisions and Covenants with Respect Thereto. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 3of19 Mayor Barr recognized staff from D/FW and Mr. Pete Geren, our representative on the Dallas-Fort Worth International Airport Board and State Senator Royce West who attended the meeting in support of the bond ordinances. Presentations Council Member Picht advised Council that the City Council Ad from City Hoc Committee had completed its re-write of the Taxicab Council Ordinance and would bring it forward at the Pre-Council meeting Committees of February 29, 2000 for consideration. OCS-1121 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1121 from the Office of the City Secretary recommending that the City Council approve the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY B.T. Construction Credit General Indemnity Connect Systems, Inc. Atlantic Alliance Fidelity and Surety The Fishel Company Continental Casualty Company RJW Concrete Construction Company First Indemnity of America Insurance Reynolds Asphalt& Construction Universal Surety of America Ruben Zubia Western Surety Company It was the consensus of the City Council that the recommendation be adopted. OCS-1122 There was presented Mayor and Council Communication No. OCS- Claims 1122 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. OCS-1123 There was presented Mayor and Council Communication No. OCS- Res. # 2615 1123 from the Office of the City Secretary recommending that the Zoning Hearing City Council adopt Resolution No. 2615 setting the regular Zoning Hearing for March 21, 2000. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. Mayor Barr advised the viewing and listening audience that the City Council meeting of March 14, 2000 had been cancelled and that the regular zoning hearing would be heard at the March 21, 2000 meeting which had been rescheduled from 10:00 a.m. to 7:00 p.m. CITY COUNCIL MEETINt FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 4 of 19 G-12821 There was presented Mayor and Council Communication No. G- Additions to 12821 from the City Manager recommending that the City Council Financial review and adopt the policies related to Interest Rate Swaps and Management Synthetic Advanced Refundings. It was the consensus of the City Policy Council that the recommendation be adopted. Statements G-12822 There was presented Mayor and Council Communication No. G- Expenditure of 12822 from the City Manager recommending that the City Council CDBG Funds in authorize the City Manager to execute a contract with the Fort Support of Worth Transportation Authority (The T) in the amount of Access to Jobs $50,000.00 for the Access to Jobs and Reverse Commute and Reverse Program. It was the consensus of the City Council that the Commute recommendation be adopted. Program G-12823 There was presented Mayor and Council Communication No. G- Ord. # 14101 12823 from the City Manager recommending that the City Council: Ord. # 14102 Fiscal Year 1. Authorize the City Manager to apply for and accept, if awarded, 2000-2001 two grants from the Governor's Office Criminal Justice Criminal Justice Division in the amount of$152,701.00; and Grant Proposals 2. Adopt Appropriation Ordinance No. 14101 increasing the estimated receipts and appropriations in the Special Trust Fund, Awarded Assets, by $153,466.00 from available funds for the purpose of funding the Fiscal Year 2000-2001 Criminal Justice Grant Proposals; and 3. Authorize the transfer of $153,466.00 from the Special Trust Fund, Awarded Assets, to the Grants Fund for the City's match; and 4. Adopt Appropriation Ordinance No. 14102 increasing the estimated receipts and appropriations in the Grants Fund by $306,167.00 subject to receipt of the grant for the purpose of funding Fiscal Year 2000-2001 Criminal Justice Grant Proposals. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 5of19 G-12824 There was presented Mayor and Council Communication No. G- Ord. # 14103 12824 from the City Manager recommending that the City Council: Accept Grant from TDHCF for 1. Authorize the City Manager to accept a grant from the Texas the Energy Department of Housing and Community Affairs in the amount Assistance of$739,351.00; and Program 2. Adopt Appropriation Ordinance No. 14103 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $739,351.00 from available funds for the purpose of funding a grant from the Texas Department of Housing and Community Affairs for the Comprehensive Energy Assistance Program for Year 2000; and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15, at a rate of 18.86 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. G-12825 There was presented Mayor and Council Communication No. G- Res. # 2616 12825 from the City Manager recommending that the City Council Suspending the adopt Resolution No. 2616 suspending the effective date of TXU Effective Date of Electric Company's proposed tariff revisions until May 30, 2000. TXU Electric On motion of Council Member Davis, seconded by Council Mayor Company's Pro tempore McCloud, the recommendation was adopted Proposed Tariff unanimously. Revisions G-12826 There was presented Mayor and Council Communication No. G- Continued for 12826 from the City Manager recommending that the City Council One Week adopt ordinances amending the Code of the City of Fort Worth, Section 6 "Animal and Fowl" Article I, "In General," Section 6-12 "Nuisances Declared" and Appendix B, Article II, "Code Enforcement," Division 3, "Nuisances," Section 11A-21 and Section 11A-22. Council Member Davis made a motion, seconded by Council Member Lane, to delay voting on this issue for one week to allow City staff to refine language relative to a grandfathering clause. The following citizens addressed the Council in favor of the proposed ordinance: CITY COUNCIL MEETINr FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 6of19 Jerri Lindsey Ms. Jerri Lindsey 2905 Sandy Lane Eunice Givens Ms. Eunice Givens 5500 Stafford Drive Yolanda Eidson Ms. Yolanda Eidson 3015 Ellis Avenue The following citizens addressed the Council in opposition of the proposed ordinance. Daiman Perez Mr. Daiman Perez 130 Odd Patricia Serrato Ms. Patricia Serrato 141 Georgian Road Jose Cardenas Mr. Jose Cardenas 916 Lomo Street Rocio Cardenas Ms. Rocio Cardenas 916 Lomo Street Miguel Gonzalez Mr. Miguel Gonzalez 4810 Hampshire Alberto Rives Mr. Alberto Rives 822 South Oakland The motion carried unanimously. Citizen Ms. Brandy Hill, 721 Marrett Drive, appeared before Council Presentations regarding bid on property at Lake Worth known as "The Castle". Brandy Hill P-9025 There was presented Mayor and Council Communication No. P- Purchase of 9025 from the City Manager recommending that the City Council DARE Tee Shirts authorize the purchase of DARE tee shirts from Tee's Plus for the Police Department based on the low bid of $32,160.60, with payments due 30 days after the date of invoice and freight at no charge. It was the consensus of the City Council that the recommendation be adopted. P-9026 There was presented Mayor and Council Communication No. P- Purchase of 9026 from the City Manager recommending that the City Council Push Bumpers authorize the purchase of 95 push bumpers from Earl Owen Company, Inc. for the City Services Department based on the low bid for an amount not to exceed $19,147.25, with freight costs included in the bid price and payment due by the tenth day of the month following the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9027 There was presented Mayor and Council Communication No. P- Purchase of 9027 from the City Manager recommending that the City Council Motorcycles authorize the purchase of three Kawasaki KZ1000P19 motorcycles from Honda Kawasaki West for the City Services Department based on the low bid for an amount not to exceed $31,497.00, with freight costs included in the bid price and payment due within 30 days of the date of invoice. It was the consensus of the City Council that the recommendation be adopted. I CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 7of19 P-9028 There was presented Mayor and Council Communication No. P- Purchase 9028 from the City Manager recommending that the City Council: Agreement for Waste Disposal 1. Authorize a purchase agreement for waste disposal services for the Water Department with Cold Springs Processing and Disposal based on the sole bid with payment due 30 days from date of invoice; and 2. This agreement to begin March 1, 2000 and end February 28, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-12730 There was presented Mayor and Council Communication No. L- Encroachment 12730 from the City Manager recommending that the City Council in West 4t" authorize the City Manager to enter into a standard consent Street agreement with the First United Methodist Church of Fort Worth authorizing use of the right-of-way for installation of a voice and data conduit under West Fourth Street. It was the consensus of the City Council that the recommendation be adopted. L-12731 There was presented Mayor and Council Communication No. L- Acceptance of 12731 from the City Manager recommending that the City Council Easements approve the acceptance of one permanent public access, public utility and storm drain easement and one temporary construction easement described as part of Lots 4 and 5, Block 58, North Fort Worth Townsite Subdivision, Tarrant County, Texas, required for the Mercado Plaza (DOE 1632) and which are being dedicated by Mrs. Emma Cordova. It was the consensus of the City Council that the recommendation be adopted. L-12732 There was presented Mayor and Council Communication No. L- Acquisition of 12732 from the City Manager recommending that the City Council Permanent approve the acquisition of five permanent utility easements Utility located in the Masonic Home Addition, Weisenberger Addition, Easements and the Southland Terrace Addition, Tarrant County, Texas, from various grantors, required for the rehabilitation of Sanitary Sewer Mains 36S, 166, 195A1 and 195A11 (DOE 1820, 2482-2485) for a total cost of $5.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETII FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 8of19 L-12733 There was presented Mayor and Council Communication No. L- Acceptance of 12733 from the City Manager recommending that the City Council Underground approve the acceptance of one underground public utility Public Utility easement described as part of the F. Cuella Survey, Abstract No. Easement 267, Tarrant County, Texas from AIL Investment, L.P. for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12734 There was presented Mayor and Council Communication No. L- Acquisition of 12734 from the City Manager recommending that the City Council Permanent accept and record one permanent sidewalk easement (DOE 1616) Sidewalk located at 1201 High Street and described as Lot 9, Block B, Shaw Easement Clarke Addition from property owner Steven Vasquez, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12735 There was presented Mayor and Council Communication No. L- Amend Lease 12735 from the City Manager recommending that the City Council for FWPD NPD Office 1. Authorize the City Manager to execute a first amendment to the current lease for expansion of the office space located at 5043 Granbury Road with Weingarten Realty Investors; and 2. Approve the lease term of thirty-six months beginning the date the City opens for business in the expansion area, and ending the last day of the thirty-sixth full calendar month. It was the consensus of the City Council that the recommendation be adopted. L-12736 There was presented Mayor and Council Communication No. L- Acceptance of 12736 from the City Manager recommending that the City Council Drainage approve the acceptance of one drainage easement described as Easement part of the H. Cox Survey, Abstract No. 386, Tarrant County, Texas, from AIL Investment, L.P. for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 9of19 PZ-2174 There was presented Mayor and Council Communication No. PZ- Ord. # 14104 2174 from the City Manager recommending that the City Council Vacation of adopt Ordinance No. 14104 vacating 6th Avenue from Sixth Avenue Pennsylvania Avenue to West Terrell Street, located in the (600-800 Blocks) Grandview Addition and also located in the Harris Hospital Addition, Tarrant County, Texas. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-17864 There was presented Mayor and Council Communication No. C- R&R Hangars, 17864, dated February 15, 2000, recommending that the City Inc. Council authorize the City Manager to execute an Unimproved Ground Lease with Mandatory Improvements with R&R Hangars, Inc. for 64,050 square feet of land at Fort Worth Spinks Airport. Council Member Davis stated that paragraph 2 in the Discussion area of the Mayor and Council Communication should be amended to read: The lease will provide for a 30-year term with two five-year options to renew. The initial square footage rate of the ground lease will be $0.10 per square foot. The rate shall be subject to increase on October 1St of any given year to reflect the upward percentage change, if any, in the Consumer Price Index for the period since the last adjustment. The adjusted rental rates under this lease shall not exceed the then-current rates prescribed in the published Schedule of Rates and Charges as approved by the City Council in effect at that time. The rental adjustment percentage in any given year shall not exceed a 10 percent increase over the total rental amount for the prior year. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C- 17864 be adopted, as amended. The motion carried unanimously. C-17867 There was presented Mayor and Council Communication No. C- Amend CSC # 17867 from the City Manager recommending that the City Council 24883 - authorize the City Manager to execute Amendment No. 1 to City Garcia & Secretary Contract No. 24883 with Garcia & Associates Associates Engineering, Inc. for water and sanitary sewer line relocations for Engineering, Inc. Rosedale Street (U.S. Highway 287 to Forest Park Boulevard) in the amount of $40,765.00, thereby increasing the contract amount to $453,673.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETIN%` FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 10 of 19 C-17868 There was presented Mayor and Council Communication No. C- Change Order 17868 from the City Manager recommending that the City Council No. 1 to CSC # authorize the City Manager to execute Change Order No. 1 to City 25262 — Tri-Tech Secretary Contract No. 25262 with Tri-Tech Construction, Inc. in Construction, the amount of $18,375.00 to provide for additional pay item Inc. quantities, thereby increasing the contract amount to $496,753.10 for Mains 183 and 333 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 3) Part 3, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17869 There was presented Mayor and Council Communication No. C- M. E. Burns 17869 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with M. E. Burns Inc. Construction, Inc. in the amount of $226,719.00 for Mains 64, 64R. 180, 180R and 445 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 2) Part 5, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17870 There was presented Mayor and Council Communication No. C- Change Order 17870 from the City Manager recommending that the City Council No. 6 — CSC # authorize the City Manager to execute Change Order No. 6 to City 24849 — Mid- Secretary Contract No. 24849 with Mid-State Utilities, Inc. in the State Utilities, amount of $47,951.00 to provide for additional pay item quantities, Inc. thereby increasing the contract amount to $965,056.00. It was the consensus of the City Council that the recommendation be adopted. C-17871 There was presented Mayor and Council Communication No. C- R. A. 17871 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a construction contract in Inc. the amount of $1,014,832.00 with R. A. Development, Inc. for the construction of Cahoba Drive water line. It was the consensus of the City Council that the recommendation be adopted. C-17872 There was presented Mayor and Council Communication No. C- Ord. # 14105 17872 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to accept funds in the amount of Housing and $913,801.00 from the Texas Department of Housing and Community Community Affairs (TDHCA) for the Community Services Block Affairs Grant (CSBG) for the year 2000; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 11 of 19 2. Accept the 1999 Incentive Award of $5,980.00 and reimbursement of registration fees for $195.00; and 3. Adopt Appropriation Ordinance No. 14105 increasing the estimated receipts and appropriations in the Grant Fund in the amount of $919,976.00 from available funds for the purpose of funding extension of a contract with the Texas Department of Housing and Community Affairs for the Community Services Block Grant Program; and 4. Apply indirect cost rates in accordance with the City's Administration Regulation 3-15, at a rate of 18.86 percent which represents the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. C-17873 There was presented Mayor and Council Communication No. C- Hall-Albert 17873 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Hall-Albert Company Construction Company in the amount of $458,657.50 for Main 195AR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 4) Part 8. It was the consensus of the City Council that the recommendation be adopted. C-17874 There was presented Mayor and Council Communication No. C- Ord. # 14106 17874 from the City Manager recommending that the City Council: Jackson Construction, 1. Authorize the City Manager to transfer $235,378.00 from the Inc. and Stabile Water and Sewer Operating Fund to the Water Capital Project & Winn, Inc. Fund in the amount of $189,249.50 and the Sewer Capital Project fund in the amount of$46,128.50; and 2. Adopt Appropriation Ordinance No. 14106 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $189,249.50 and the Sewer Capital Project Fund in the amount of$46,128.50 from available funds for the purpose of funding a contract with Jackson Construction, Inc. for Unit 1: Water and Sanitary Sewer Replacements in Central Avenue from North Main to East Dead End, and award of contract with Stabile & Winn, Inc. for Unit II: Paving Improvements Alternate No. 2 for Central Avenue from North Main to East Dead End; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 12 of 19 3. Authorize the City Manager to execute a contract with Jackson Construction, Inc. in the amount of $178,088.00 and 60 working days for Unit 1: Water and Sanitary Sewer Replacements in Central Avenue; and 4. Authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount of $363,491.25 and 70 working days for Unit II: Paving Improvements Alternate No. 2 for Central Avenue. It was the consensus of the City Council that the recommendation be adopted. C-17875 There was presented Mayor and Council Communication No. C- J&R Fish 17875 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with J&R Fish Inc. Construction, Inc. in the amount of $481,866.00 for Mains 64, 64R, 180, 180R and 445 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 2) Part 5, Unit 3. It was the consensus of the City Council that the recommendation be adopted. C-17876 There was presented Mayor and Council Communication No. C- Ord. # 14107 17876 from the City Manager recommending that the City Council: Conatser Construction, 1. Authorize the City Manager to transfer $32,702.50 from the Inc. Water and Sewer Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14107 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $32,702.50 from available funds for the purpose of funding a contract with Conatser Construction, Inc. for Main C1C413 Drainage Area Sanitary Sewer System Rehabilitation and Improvements Part 3; and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of $383,792.00 for Main C1C413 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2) Part 3. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 13 of 19 C-17877 There was presented Mayor and Council Communication No. C- Change Order 17877 from the City Manager recommending that the City Council No. 1 — CSC # authorize the City Manager to execute Change Order No. 1 to City 25149 — Secretary Contract No. 25149 with Burleson Utilities, Inc. in the Burleson amount of $76,041.00 to provide for additional and increased pay Utilities, Inc. item quantities, thereby increasing the contract amount to $531,984.85. It was the consensus of the City Council that the recommendation be adopted. C-17878 There was presented Mayor and Council Communication No. C- Jackson 17878 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Jackson Inc. Construction, Inc. in the amount of $390,178.00 for Mains 64, 64R, 180, 180R and 445 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 2) Part 5, Unit 2. It was the consensus of the City Council that the recommendation be adopted. Council Member Lane advised Council that this was a critical part to the Mercado Project and requested favorable consideration of the City Council for Mayor and Council Communication No. C- 17879. He also informed Council that there would be a big celebration September 16th and expressed appreciation to City Manager Terrell and Assistant City Manager Ramon Guajardo for their hard work on this project. C-17879 There was presented Mayor and Council Communication No. C- Prime 17879 from the City Manager recommending that the City Council Construction authorize the City Manager to: Company, Inc. 1. Execute a construction contract with Prime Construction Company, Inc. for renovation of the Roseland Theater, including all four bid alternates, in the amount of $686,492.00 with a contract duration of 140 calendar days; and 2. Allocate up to a total of $686,492.00 from the Mercado Economic Development Initiative (EDI) grant provided by the U.S. Department of Housing and Urban Development (HUD) for this project; and 3. Transfer and allocate a total not to exceed $291,000.00 in Community Development Block Grant (CDBG) unprogrammed funds as interim funding for this project, pending a drawdown of EDI funds sufficient to cover the total contract amount for the Roseland Theater project. CITY COUNCIL MEETINT FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 14 of 19 On motion of Council Member Davis, seconded by Council Member Silcox, the motion carried unanimously. C-17880 There was presented Mayor and Council Communication No. C- Continued for 17880 from the City Manager recommending that the City Council One Week authorize the City Manager to reject all bids received for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1) Part 5, Unit 2 and to re- advertise the project for bid at the earliest possible convenience. Jerry Manning Mr. Jerry Manning, 1605 Ems Road and representing Nadezda Construction, Inc., appeared before Council in opposition of the rejection of the bids. J. Robert Arnett Mr. J. Robert Arnett II, 400 N. St. Paul, Suite 840, an attorney representing Mr. Manning and Nadezda Construction, Inc. appeared before Council in opposition of this issue and stated that the City did not provide sufficient notification of complaints received from residents regarding Nadezda Construction, Inc. Mr. Doug Rademaker, Director of the Engineering Department, advised Council that sufficient notification on each complaint had been made to Nadezda, either by fax or telephone, but stated that the company failed to take care of the complaints. Council Member Davis made a motion, seconded by Council Member Lane, that this item be continued for one week. The motion carried unanimously. C-17881 There was presented Mayor and Council Communication No. C- Continued for 17881 from the City Manager recommending that the City Council One Week authorize the City Manager to reject all bids received for Main 207 and 207A Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 4) Part 3 and to re-advertise the project for bid at the earliest possible convenience. Council Member Davis made a motion, seconded by Council Member Lane, that this item be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 15 of 19 C-17882 There was presented Mayor and Council Communication No. C- Rescind Award 17882 from the City Manager recommending that the City Council of CSC # 25522 - authorize the City Manager to rescind the award of City Secretary Jackson Contract No. 25522 to Jackson Construction, Inc. and authorize Construction, the project to be re-advertised for bid at the earliest possible date. Inc. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-17883 There was presented Mayor and Council Communication No. C- Ord. # 14108 17883 from the City Manager recommending that the City Council: Botanical Technologies, 1. Accept a donation from the Amon G. Carter Foundation of Inc. $75,000.00 for the purpose of improvements at Sycamore Park; and 2. Accept a donation from the Youth Sports Council of Fort Worth, Inc. of $23,650.00 for the purpose of improvements at Sycamore Park; and 3. Adopt Appropriation Ordinance No. 14108 increasing the estimated receipts and appropriations in the Parks and Community Services Improvement Fund in the amount of $98,650.00 from available funds for the purpose of funding a contract with Botanical Technologies, Inc. for improvements to Sycamore Park Youth Complex; and 4. Authorize the transfer of $260,000.00 in Community Development Block Grant (CDBG) unprogrammed funds for the Sycamore Park Youth Sports Complex; and 5. Authorize the City Manager to execute a contract with Botanical Technologies, Inc. in the amount of $972,586.04 for improvements to the Sycamore Youth Sports Complex. On motion of Mayor Pro tempore McCloud, seconded by Council Member Davis, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 16 of 19 C-17884 There was presented Mayor and Council Communication No. C- Change Order to 17884 from the City Manager recommending that the City Council CSC # 25388 — authorize the City Manager to execute a change order to City Newgent Golf, Secretary Contract No. 25388 with Newgent Golf, Inc. in the Inc. amount of $211,002.50 for additional irrigation improvements to Pecan Valley River Golf Course. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Z-99-151 It appeared that the City Council at its meeting of February 8, SP-99-032 2000, continued the hearing of the application of J.B. Watson by Bonilla Group, for a change in zoning of property located at 9800 Oak Grove Road from "I" Light Industrial and "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a paintball park, Zoning Docket No. Z-99-151 and Site Plan No. SP-99-032. Mayor Barr asked if there was anyone present desiring to be heard. Christopher Mr. Christopher Bonilla, representing the owner of the property, Bonilla informed Council that the owner desired to withdraw his request for a zoning change with no restrictions. He further stated that the owner had filed a formal protest of the decision by the Zoning Commission regarding this property. Gary Martin Mr. Gary Martin, 1917 Oak Grove Road East, appeared before Council in opposition of the request to withdraw the zoning change and asked the Council to approve the zoning change as submitted. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, to amend the zoning request to reflect that the current "I" Light Industrial be changed to "PD/SU" Planned Development/Specific Use for all uses under "I" except a paintball park, and that portion of the property with the "AG" Agricultural zoning be allowed to remain "AG" Agricultural. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 17 of 19 Z-00-002 It appeared that the City Council at its meeting of February 8, Continued for 2000, continued the hearing of the application of Danny Morelock Two Weeks for a change in zoning of property located at 2815 Bonnie Brae Drive from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial with indoor storage of remodeling equipment, Zoning Docket No. Z-00- 002 and waiver of site plan recommended. Mayor Barr asked if there was anyone present desiring to be heard. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud to continue Zoning Docket No. Z-00-002 for two weeks. The motion carried unanimously. There being no one else desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14109 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 1721 May Street hearing for the Appeal of the Order of the Building Standards Commission regarding 1721 May Street. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETINY FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 18 of 19 Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding property located at 1721 May Street and advised Council that staff was recommending that the City Council uphold the decision of the Building Standards Commission for assessment of the civil penalty in the amount of$3,450.00. Jack Perryman Mr. Jack Perryman, 8375 Deep Green Drive, Dallas, TX, owner of the property, appeared before Council and provided a briefing on what actions he had taken to bring this property in compliance with the City Code. He requested that Council not impose the civil penalty recommended by the Building Standards Commission. Mr. Bounds provided a rebuttal to Mr. Perryman's comments stating that Mr. Perryman was notified on numerous occasions regarding the condition of this property. He added that Mr. Perryman could have appealed the 90-day period he was granted by the Building Standards Commission to repair the property, but did not do so. Mr. Perryman responded by stating he was advised by staff that an appeal was not necessary since he was making improvements above and beyond what was required. There being no one else present desiring to be heard, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Council sustain the order of the Building Standards Commission and assess a civil penalty of $3,450.00 on property located at 1721 May Street. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth and Davis NOES: Council Member Picht ABSENT: None Citizen Mr. Joe Waller, 2533 Castle Circle and representing the South Presentations Lake Worth Neighborhood Association, appeared before Council Joe Waller and requested they consider accepting input from the residents of Lake Worth regarding the selling of the castle and watershed management. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2000 PAGE 19 of 19 Mayor Barr asked Mr. Waller to speak with Council Member Wentworth. Ted Hernandez Mr. Ted Hernandez, 3617 N. Clinton, addressed the Council on various issues. Executive It was the consensus of the City Council that the Council meet in Session closed session at 12:34 p.m. to 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) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109- 97 b) City of Dallas v. City of Fort Worth et al., Cause No. 3-97-CV- 2734-T c) City of Fort Worth v. Department of Transportation, Nos. 99- 60008 and 99-60239 d) S. N. Livingston, et al., v. City of Fort Worth, Cause No. 352- 176354-98 e) In the matter of the beneficiaries of Brian Collins and Phillip Dean, Deceased, v. City of Fort Worth, Appeal Nos. 000024 and 000025, Texas Worker's Compensation Commission as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:53 p.m. Adjournment There being no further business, the meeting was adjourned at 12:54 p ( . , ti C O2�' ITY S RETARY MAYOR