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HomeMy WebLinkAbout2000/05/16-Minutes-City Council CITY COUNCIL MEETINGQ) MAY 16, 2000 Date & Time On the 16th day of May A.D., 2000, 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; Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth and Wendy Davis; Assistant City Manager Libby Watson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Charles Wages, Grace Bible Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the minutes of the regular meeting of May 9, 2000 were approved unanimously. Special Council Member Wentworth presented a Proclamation for Small Presentations Business Week to Lavan Alexander, District Director of the Small Business Administration. She expressed appreciation for the Proclamation and invited the Council to attend the Small Business Week Awards luncheon June 13, 2000, at the Wyndham Hotel in Arlington. Mayor Barr introduced Bruce Lloyd Fondren, a 2nd grader from the Fort Worth Country Day School, and presented him with a certificate and a key to the City in honor of his appointment as Mayor for the Day. Mr. Chris Farkas, President of Chisolm Trail Round-Up 2000, presented information relative to the 24th Annual Chisholm Trail Round-Up celebration June 16 — 18, 2000 and extended an invitation to Council to attend the Big Ball In Cowtown Gala at Billy Bob's Texas on Thursday, June 15 and invited the entire Council to ride in the Parade which will begin at 11:00 a.m. Saturday, June 17, 2000. CITY COUNCIL MEET FORT WORTH, TEXAS MAY 16, 2000 PAGE 2 OF 15 Mr. John Coy, Chairman of Fort Worth Sister Cities Reggio Emilia Executive Committee, introduced Mr. Francisco Germini, Guest Conductor for the Youth Orchestra of Greater Fort Worth, from Reggio Emilia. Mayor Pro tempore McCloud presented him with a City pin and thanked Mr. Germini for sharing his talent with the youth. The 1999 Fort Worth Volunteer of the Year Award was presented to Mr. Howard McMahan by Mrs. Carol Chickowsky, Municipality Awards Selection Committee. Council Member Haskin presented him with a City of Fort Worth belt buckle and thanked him for his dedication and his many years of service. Council Member Davis and Mayor Pro tempore McCloud presented a Bryan Joseph print to Ms. Mary Palko for all of her hard work on the City's Millennium Celebration. Council Member Picht presented $416.33 that was collected by Den 11 of Pack 1259 from Plano, Texas for the tornado victims to Mr. Orion Bell, CEO of Chisholm Trail Chapter of American Red Cross. Canvass of Gloria Pearson, City Secretary, advised the City Council that the Returns and official count of the Fort Worth Crime Control and Prevention Declaration of District Local Sales and Use Tax Election held on May 6, 2000, was Results of the completed on May 6, 2000. The returns of the election, as reported Fort Worth CCPD by the presiding officers of the voting precincts who, upon their Local Sales and oath, stated that the returns of their respective boxes were true Use Tax Election and correct, are as follows: Res. # 2632 "Whether the Fort Worth Crime Control and Prevention District should be continued for five years and the Crime Control and Prevention District sales tax of one-half cent should be continued for five years" FOR 8381 AGAINST 2238 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 16, 2000 PAGE 3 OF 15 Council Member Silcox made a motion, seconded by Council Member Haskin, that the City Council adopt Resolution No. 2632 canvassing the returns of the Election and declaring the results of the Election held on May 6, 2000, and finding correct that the Fort Worth Crime Control and Prevention District Local Sales and Use Tax should be continued for five years and the Crime Control and Prevention District sales tax of one-half cent should be continued for five years. The motion carried unanimously. Announcements Council Member Haskin announced that there would be a Special Work Session Friday, May 19, 2000 at 9:00 a.m. in the Pre-Council Chamber regarding the proposed 2000 Comprehensive Plan. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication No. C-18008 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Davis, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Res. # 2633 There was presented Resolution No. 2633 from the City Council of Permitting City of the City of Fort Worth recommending that the City Council give Daingerfield, permission to the City of Daingerfield, Texas Health Facilities Texas Health Development Corporation for the Financing of Health Facilities Facilities within the City of Fort Worth, Texas. Council Member Davis made Development a motion, seconded by Council Member Wentworth, that the Corporation recommendation be adopted. The motion carried unanimously. OCS-1139 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1139 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY American Concrete Commercial Indemnity Insurance Company Arts Concrete dba Sotero Donias Western Surety Company James Barrett dba Barrett Commercial Builders Western Surety Company G C Blythe Concrete Inc. State Farm Fire and Casualty Company Branch&Sons Contractors,Inc. Western Surety Company Bill Bridges dba B.B.Enterprises Western Surety Company Jack H. Bryant,Inc. Western Surety Company Alton Davis Construction Universal Surety of America Dora&Tony's Concrete Company Insurors Indemnity Company Driveway Maintenance,Inc.of Texas Safeco Insurance Company of America Ruben Garcia dba R.G.Garcia Corp. Western Surety Company Juan M.Gonzalez dba Gonzalez Concrete Old Republic Surety CITY COUNCIL MEET P'ko FORT WORTH, TEXAS MAY 16, 2000 PAGE 4OF15 Homes by Holly(William Stanley) Western Surety Company Hughs&Sons,Inc. Merchants Bonding Company(Mutual) MFC Construction Company,Inc. Atlantic Alliance Fidelity&Surety Company Mobley Speed Cement Contractors Union Insurance Company of Providence Red Ryder Services dba Clint Brashier RLI Surety Reliable Paving,Inc. United Pacific Insurance Company Santana Ruiz Western Surety It was the consensus of the City Council that the recommendation be adopted. OCS-1140 There was presented Mayor and Council Communication No. OCS- Claims 1140 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-12916 There was presented Mayor and Council Communication No. G- Amendment to 12916 from the City Manager recommending that the City Council Financial review and adopt the policy relative to the use of proceeds from Management the sale of Lake Worth leases. It was the consensus of the City Policy Council that the recommendation be adopted. Statements G-12917 There was presented Mayor and Council Communication No. G- Ord. # 14194 12917 from the City Manager recommending that the City Council: Ord. # 14195 Accept TxDOT 1. Authorize the City Manager to accept an Airport Project Grant for Participation Agreement grant from the Texas Department of Taxiway "K" Transportation (TxDOT) for $500,000.00 for the design and Intersection at construction of Taxiway Kilo and Delta intersection at Fort Meacham Airport Worth Meacham International Airport; and 2. Adopt Appropriation Ordinance No. 14194 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $555,556.00 subject to the receipt of a grant from the Texas Department of Transportation for the purpose of funding design and construction of Taxiway "K" intersection at Fort Worth Meacham International Airport; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 16, 2000 PAGE 5 OF 15 3. Adopt Appropriation Ordinance No. 14195 increasing the estimated receipts and appropriations in the Aviation Improvement Capital Project Fund in the amount of $55,556.00 from available funds for the purpose of funding design and construction of Taxiway "K" intersection at Meacham International Airport; and 4. Authorize the transfer of funds in the amount of $55,556.00 from the Aviation Improvements Project Fund to the Grants Fund for the 10 percent match. It was the consensus of the City Council that the recommendation be adopted. G-12918 There was presented Mayor and Council Communication No. G- Ord. # 14196 12918 from the City Manager recommending that the City Council: Application for Funding Sources 1. Authorize the City Manager to apply for all applicable for Disaster federal, state, and/or other funding sources available to the Relief City of Fort Worth resulting from the disaster which occurred March 28 and 29, 2000, in Tarrant County; and 2. Adopt Appropriation Ordinance No. 14196 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $10,500,000.00 subject to the receipt of the funds from all applicable federal, state and/or other funding sources available to the City of Fort Worth for the purpose of funding repair and replacement of public property, cleanup of debris, and other recovery efforts as a result of the severe thunderstorms, tornadoes, and flooding which occurred on March 28 and 29, 2000 in Tarrant County. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9086 There was presented Mayor and Council Communication No. P- Purchase 9086 from the City Manager recommending that the City Council Agreement for authorize: OEM Dresser Rand Parts, Repair and Technical Assistance CITY COUNCIL MEETfW FORT WORTH, TEXAS MAY 16, 2000 PAGE 6 OF 15 1. A sole source purchase agreement for OEM Dresser Rand parts, repair and technical assistance for the Water Department with Dresser Rand Company. Prices will be based on the sole bid of the following list prices. Payment is due 30 days from the date the invoice is received. The City takes ownership of goods at the vendor's dock, freight is prepaid and added to the invoice. A. Labor charged for Technician as follows: 1) Labor— 8 hours/day — Mon thru Fri $42.00/hr. 2) Labor— in excess of 8 hours/day and Sat $63.00/hr. 3) Labor— Sundays and Holidays $84.00/hr. B. Labor charged for Engineer as follows: 1) Labor— 8 hours/day — Mon thru Fri $ 94.00/hr. 2) Labor—in excess of 8 hours/day and Sat $141.00/hr. 3) Labor— Sundays and Holidays $188.00/hr. C. Additional charges as follows: 1) One time minimum trip charge $336.00 ea 2) Travel time charged at 8 hour rate 3) All living and travel expenses will be charged at actual cost 4) Parts at manufacturer's list price D. Escalation of prices can occur at the end of each one- year term according to the Labor Index, Average Hourly Earnings for the Oil and Gas Field Services Industry, Standard Industrial Classification (SIP) 138 set forth in the 1967 Manual, as determined by the Bureau of Labor Statistics, U.S. Department of Labor in Employment and Earnings. The City reserves the right to accept or reject any increase. 2. The agreement to begin on May 16, 2000, and expire on May 15, 2001, 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 MEETARa FORT WORTH, TEXAS MAY 16, 2000 PAGE 6 OF 15 1. A sole source purchase agreement for OEM Dresser Rand parts, repair and technical assistance for the Water Department with Dresser Rand Company. Prices will be based on the sole bid of the following list prices. Payment is due 30 days from the date the invoice is received. The City takes ownership of goods at the vendor's dock, freight is prepaid and added to the invoice. A. Labor charged for Technician as follows: 1) Labor— 8 hours/day— Mon thru Fri $42.00/hr. 2) Labor— in excess of 8 hours/day and Sat $63.00/hr. 3) Labor— Sundays and Holidays $84.00/hr. B. Labor charged for Engineer as follows: 1) Labor— 8 hours/day — Mon thru Fri $ 94.00/hr. 2) Labor—in excess of 8 hours/day and Sat $141.00/hr. 3) Labor— Sundays and Holidays $188.00/hr. C. Additional charges as follows: 1) One time minimum trip charge $336.00 ea 2) Travel time charged at 8 hour rate 3) All living and travel expenses will be charged at actual cost 4) Parts at manufacturer's list price D. Escalation of prices can occur at the end of each one- year term according to the Labor Index, Average Hourly Earnings for the Oil and Gas Field Services Industry, Standard Industrial Classification (SIP) 138 set forth in the 1967 Manual, as determined by the Bureau of Labor Statistics, U.S. Department of Labor in Employment and Earnings. The City reserves the right to accept or reject any increase. 2. The agreement to begin on May 16, 2000, and expire on May 15, 2001, 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 16, 2000 PAGE 7OF15 P-9087 There was presented Mayor and Council Communication No. P- Purchase 9087 from the City Manager recommending that the City Council Agreement for authorize: Pre-Printed Water Bill Paper 1. A purchase agreement for pre-printed water bill paper for the Water Department with Integrated Document Solutions based on lowest responsive bid with payment due 20 days after receipt of invoice and freight included in unit price; and 2. This agreement to begin June 1, 2000 and expire May 31, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9088 There was presented Mayor and Council Communication No. P- Purchase 9088 from the City Manager recommending that the City Council Agreement for authorize: Liquid Oxygen 1. A purchase agreement with Air Liquide America Corporation to provide liquid oxygen for the Water Department based on the low bid, with payments due within 30 days of the date of invoice and freight at no charge; and 2. This agreement to begin June 1, 2000, and end May 31, 2001, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9089 There was presented Mayor and Council Communication No. P- Purchase of 9089 from the City Manager recommending that the City Council Utility Vehicle authorize the purchase of a new 2000 Ford Expedition utility vehicle from Philpott Motors, Inc. for the City Services Department, based on State of Texas General Services Commission (GSC) pricing for a cost not to exceed $26,141.00, with payment due within 30 days of the date of invoice and freight costs included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9090 There was presented Mayor and Council Communication No. P- Purchase 9090 from the City Manager recommending that the City Council Agreement for authorize: Tire Transporting and Disposal CITY COUNCIL MEET FORT WORTH, TEXAS MAY 16, 2000 PAGE 8 OF 15 1. A purchase agreement for tire transporting and disposal for the City Services Department with Safe Tire Disposal. Prices are to be based on the low bid of $875.00 per load. Payment is due within 30 days from the date invoices are received. The City releases ownership of goods at its dock, freight is not charged; and 2. This agreement to begin May 16, 2000, and expire May 15, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9091 There was presented Mayor and Council Communication No. P- Purchase of 9091 from the City Manager recommending that the City Council Chlorine authorize the sole source purchase of five chlorine analyzers for Analyzers the Water Department from Metro Quip, Inc. based on the unit price of$5,008.00 for a total amount not to exceed $25,040.00. The shipping cost will be prepaid and added to the invoice, 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-9092 There was presented Mayor and Council Communication No. P- Purchase of 9092 from the City Manager recommending that the City Council Toshiba Premium authorize a one-time purchase of Toshiba Premium Efficiency Efficiency Motors Motors as follows with payment due 30 days following the date of invoice and freight at no charge: Item 1: Brandon & Clark Two 15 HP 3-phase motors with Tosvert Inverter @ $2,482.94 = $4,965.88 Item 2: Shermco Four 20 HP 3-phase motors with Tosvert Inverter @ $3,873.74 = $15,494.96 Total: $20,460.84 It was the consensus of the City Council that the recommendation be adopted. CD CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 16, 2000 PAGE 9 OF 15 P-9093 There was presented Mayor and Council Communication No. P- Emergency 9093 from the City Manager recommending that the City Council Purchase of confirm the purchase of armed security guard services from ISF Security Guard Security Group, Inc., d/b/a Ameritex Guard Service, at $15.93 per Services hour for approximately 1,440 hours for the Engineering Department with payments due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9094 There was presented Mayor and Council Communication No. P- Emergency 9094 from the City Manager recommending that the City Council Purchase of confirm the emergency purchase of repairs to a Teco Vangard Repairs to a Teco aerial bucket truck for the City Services Department from Vangard Aerial Commercial Body Corporation in the amount of $34,768.52. Bucket Truck Payment is due in 30 days from the date the invoice is received. It was the consensus of the City Council that the recommendation be adopted. P-9095 There was presented Mayor and Council Communication No. P- Purchase 9095 from the City Manager recommending that the City Council Agreement for authorize: Grounds Maintenance 1. A purchase agreement with Montague County Individual Development Company through the Texas Industries for the Blind and Handicapped (TIBH) to provide grounds maintenance services for the Parks and Community Services Department with payments due 30 days from the date of invoice; and 2. This agreement to begin May 16, 2000, and expire on May 15, 2001. It was the consensus of the City Council that the recommendation be adopted. L-12793 There was presented Mayor and Council Communication No. L- Agreement to 12793 from the City Manager recommending that the City Council Install Surface authorize the City Manager to execute an Agreement with Crossings and Burlington Northern and Santa Fe Railway Company for the Signal System on installation of concrete surface crossings and a signal system on Schwartz Avenue Schwartz Avenue for a total cost to the City not to exceed $52,513.00. It was the consensus of the City Council that the recommendation be adopted. 1, CITY COUNCIL MEET FORT WORTH, TEXAS MAY 16, 2000 PAGE 10 OF 15 L-12794 There was presented Mayor and Council Communication No. L- Right-of-Way 12794 from the City Manager recommending that the City Council Acquisitions authorize the City Manager to approve the purchase of three properties located near House Anderson Road and Mosier Valley Road, near the existing right-of-way of Trinity Boulevard and described as A22, TR 1H and 1H5, William Anderson Survey from Hunter Ferrell Associates, L.P.; and A678, TR 2 and TR 4, House Kitty Survey, from Brooks Family LTD Partnership, all being in Tarrant County, Texas for the highway improvement of Trinity Boulevard from Arlington-Bedford Road to FM 157 (DOE 0279) An independent fee appraiser has determined the value estimate of these properties to total $17,300.00. It was the consensus of the City Council that the recommendation be adopted. L-12795 There was presented Mayor and Council Communication No. L- Res. # 2634 12795 from the City Manager recommending that the City Council Remove adopt Resolution No. 2634 to remove 312 West Cannon, 801 South Properties from Main and 210-214 St. Louis from Tax Increment Reinvestment Zone Tax Increment (TIF) No. 4 and to correct a clerical error concerning 201 Reinvestment Lipscomb, which was removed from the TIF in December, 1997. Zone No. 4 and Council Member Davis made a motion, seconded by Mayor Pro Correct Clerical tempore McCloud, that the recommendation be adopted. The Error on Property motion carried unanimously. L-12796 There was presented Mayor and Council Communication No. L- Lease of Thomas 12796 from the City Manager recommending that the City Council Place Park and authorize the City Manager to execute an agreement with the Fort Facility Worth Independent School District to lease the Thomas Place Community Center and Park for a five year period at a cost of $1,200.00 per year. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. Council Member Moss advised Council that he had filed a Conflict of Interest affidavit inasmuch as his wife served on the Fort Worth Independent School Board. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 16, 2000 PAGE 11 OF 15 The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Member Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2189 There was presented Mayor and Council Communication No. PZ- Ord. # 14197 2189 from the City Manager recommending that the City Council Partial Vacation adopt Ordinance No. 14197 vacating a portion of Watauga Road, of Watauga Road located between the southwest corner of Mount Olivet Cemetery to VA-99-084 a point approximately 768.11 feet east along the northside of Watauga Road, in the 2000 to 2100 block of Watauga Road, as indicated in the S.K. Smith Survey, Abstract No. 1417, Mount Olivet Cemetery Association, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-18003 There was presented Mayor and Council Communication No. C- Sutton & 18003 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract with Sutton & Associates, Inc. in the amount of $591,965.60 for 90 working days for Unit 1 HMAC Surface Overlay 2000-4 ($388,059.60) and Unit II Reconstruction of Flemming Drive ($203,906.00). It was the consensus of the City Council that the recommendation be adopted. C-18004 There was presented Mayor and Council Communication No. C- Ord. # 14198 18004 from the City Manager recommending that the City Council: TDH & Texas Diabetes 1. Authorize the City Manager to apply for, and if offered, Program/Council accept and execute a grant contract with the Texas Department of Health (TDH) and the Texas Diabetes Program/Council (TDP/C) for $100,000.00 to be used to increase diabetes awareness and education at the community level; and CITY COUNCIL MEET FORT WORTH, TEXAS MAY 16, 2000 PAGE 12 OF 15 2. Adopt Appropriation Ordinance No. 14198 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$100,000.00 subject to the receipt of the funds from the Texas Department of Health and the Texas Diabetes Program/Council for the purpose of funding the Diabetes Awareness and Education Program; and 3. Apply indirect cost at a rate of 27.31 percent, which represents the rate that was budgeted during the last fiscal year of this grant proposal, and is the agreed upon rate currently being applied to the grant. An increase to the indirect cost would significantly impair the possible refunding of this grant. It was the consensus of the City Council that the recommendation be adopted. C-18005 There was presented Mayor and Council Communication No. C- Consent to 18005 from the City Manager recommending that the City Council Assignment to authorize the City Manager to execute a Consent to Assignment by J.W. & D.J. First the Gillespie Family Trust to the J.W. & D.J. First Family Limited Family Limited Partnership for lease site 21-S at Meacham International Airport. Partnership It was the consensus of the City Council that the recommendation be adopted. C-18006 There was presented Mayor and Council Communication No. C- Consent to 18006 from the City Manager recommending that the City Council Assignment to authorize the City Manager to execute a Consent to Assignment Zia Capital, Inc. Agreement by Barrett-Conaster Hangar Joint Venture to Zia Capital, Inc. for lease sites 12-4-R, 12-1 and 12-A at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-18007 There was presented Mayor and Council Communication No. C- Oscar Renda 18007 from the City Manager recommending that the City Council Contracting, Inc./ authorize the City Manager to amend the current lease agreement Agronomic (City Secretary Contract No. 21758) and award an initial six month Management lease agreement with an option to renew subsequent leases each Group, Inc. fiscal year, concurrent with the Long-Term Solids Project (City Secretary Contract No. 20283) with Oscar Renda Contracting, Inc./ Agronomic Management Group, Inc., for the use and maintenance of 40 acres of City property adjacent to the Village Creek Wastewater Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 16, 2000 PAGE 13 OF 15 C-18008 There was presented Mayor and Council Communication No. C- Continued for 18008 from the City Manager recommending that the City Council One Week authorize the City Manager to execute a change order to the Newgent Golf, existing contract with Newgent Golf, Inc. in the amount of Inc. $92,079.73 for additional drainage improvements to Pecan Valley "River" Golf Course Council. Member Silcox made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. C-18008 be continued for one week. The motion carried unanimously. C-18009 There was presented Mayor and Council Communication No. C- Ord. # 14199 18009 from the City Manager recommending that the City Council: TDHS 1. Authorize the City Manager to submit an application to, and accept if awarded, a grant from the Texas Department of Human Services (TDHS), requesting $275,015.00 for the 2000 Summer Food Service Program; and 2. Adopt Appropriation Ordinance No. 14199 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $275,015.00 from available funds for the purpose of funding the 2000 Summer Food Program from the Texas Department of Human Services; and 3. Execute a contract with the TDHS for the Summer Food Service program; and 4. Apply indirect cost rates in accordance with the City's Administrative Regulation 5-15 (18.66 percent) which represents the most recent approval rate for this department. It was the consensus of the City Council that the recommendation be adopted. C-18010 There was presented Mayor and Council Communication No. C- J.L. Bertram 18010 from the City Manager recommending that the City Council Construction & authorize the City Manager to execute a contract with J.L. Bertram Engineering, Inc. Construction & Engineering, Inc. in the amount of $436,894.00 for construction of Lowery Road from Cooks Lane to 670 feet west, and Cooks Lane from 300 feet north of Lowery Road to 900 feet south of Lowery Road. Council Member Haskin made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEET FORT WORTH, TEXAS MAY 16, 2000 PAGE 14 OF 15 Zoning Hearing It appeared that the City Council at its meeting of May 9, 2000, Z-00-038 continued the hearing of the application of City of Fort Worth Approved Transportation and Public Works Department for a change in zoning of property located at 649 East Magnolia, 600 Block of East Rosedale and 1200 Block of South Freeway from "B/HC/DD" Two- Family/Historic and Cultural Landmark/ Demolition Delay to "J/HC" Medium Industrial Historic and Cultural Landmark, Zoning Docket No. Z-00-038. Mayor Barr asked if there was anyone present desiring to be heard. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of City of Fort Worth Transportation and Public Works Department for a change in zoning of property located at 649 East Magnolia, 600 Block of East Rosedale and 1200 Block of South Freeway from "B" to "F-R" on Block 7, Lots 3 through 7, and from "J/HC/DD" Medium Industrial Historic and Cultural Landmark and Demolition Delay to "FR/HC" on Block 4, Lot 3R, Zoning Docket No. Z-00-038, be adopted. The motion carried unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 13896 Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14200 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. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 16, 2000 PAGE 15 OF 15 Citizen Mr. Randell P. Means, representing the Berkeley Place Presentations Neighborhood Association, 1941 Berkeley Place, appeared before Randell P. Means the City Council and presented a resolution from the Association regarding the process and the proposed development of Highway 121. He stated that the Council should continue to provide an opportunity for input by the citizens and neighborhoods that were affected. Executive It was the consensus of the City Council that the Council meet in Session closed session at 11:00 a.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) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Co., Cause No. 348-156227-94 e) Potential litigation with Chadwell & Son Gas Co., Inc. f) Potential litigation with Nadezda Construction, Inc. g) Legal issues concerning the acquisition of billboards through eminent domain h) Legal issues concerning the regulation of signs as authorized by Section 551.071 of the Texas Government Code. Adjournment There being no further business, the meeting was adjourned at 1:00 P.M. �euLLdn l CITY CRETARY MAYOR