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HomeMy WebLinkAbout1999/02/23-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 23, 1999 Date & Time On the 23 d day of February, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:30 a.m., in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Jim Lane; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Wentworth was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Council Member McCloud. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore Lane, the minutes of the regular meeting of February 16, 1999, were approved unanimously. Special Presentations/ Council Member Silcox presented a Proclamation for Introductions Engineers Week to Ned Burleson. Tim Geeslin, President of the Texas Association of Rail Passengers, and Joyce Smith, General Manager for Western Business Group for Amtrak, presented the City Council an Amtrak & Texas Association of Rail Passengers 1999 Amtrak Calendar which reflected the City of Fort Worth skyline. Announcements Council Member Silcox recognized four firefighters injured in last week's fire at Precious Faith Temple: Paul Burns, Andrew Ailara, Harry Mays, and Joe Hamilton, Jr. He also stated that a letter appeared in this morning's addition of the Fort Worth Star-Telegram from Mike Blaylock, Chaplain of the Wichita Falls, Texas Fire Department, commending the City of Fort Worth's support for the three firefighters who lost their lives. Council Member Hirt read the letter aloud for the viewing and listening audience. Council Member Haskin announced the second meeting for the design phase of the new library would be at 7:00 p.m., February 25, 1999, at Parkview Elementary, 6900 Bayberry. CITY COUNCIL MEETINU FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 2of14 Council Member Picht announced the following meetings: Police Forum at 7:00 p.m. tonight at North Crowley High School; the March 2, 1999 City Council meeting would be held at 7:00 p.m., Southwest High School, 4100 Alta Mesa Blvd., and invited the public to attend; and that the Quarterly District meeting would be held at 7:00 p.m. February 25, 1999, at the Southwest Community Center. Mayor Pro tempore Lane announced that the first Annual New Mercado Menudo and Chili Cookoff would be held February 27, 1999, from 10:00 a.m. to 6:00 p.m., in the 1400 block of North Main. He stated that the event is to support the Latin Artists Association and invited the public to attend. Council Member McCloud announced that the Neighborhood Community meeting would be held February 25, 1999, from 6:00 to 7:00 p.m. at the East St. Paul Baptist Church, 5300 Oakgrove. Withdrawn/Consent Council Member Picht requested that Mayor and Council Agenda Communication Nos. G-12479, G-12480, G-14281, G-14282, and C-17280 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. C-17291 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Moss, the consent agenda, as amended, was adopted unanimously. Res. # 2497 There was presented Resolution No. 2497 changing the time Meeting Location and location of the Regular Meeting and Work Session of Change the Fort Worth City Council to be held on March 2, 1999, 7:00 p.m., in the auditorium at Southwest High School, 4100 Alta Mesa Boulevard, Fort Worth, Texas. On motion of Mayor Pro tempore Lane, seconded by Council Member Haskin, the resolution was adopted unanimously. CA COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 3 of 14 Ord. # 13715 There was presented Ordinance No. 13715 calling an Election for Mayor election for Mayor and Council Members for the City of Fort And Council Members Worth on May 1, 1999. On motion of Council Member Haskin, seconded by Mayor Pro tempore Lane, the ordinance was adopted unanimously. OCS-1041 There was presented Mayor and Council Communication Claims No. OCS-1041 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-12479 There was presented Mayor and Council Communication Res. # 2498 No. G-12479 from the City Manager recommending that the Increase Legal Fees City Council adopt Resolution No. 2498 increasing to Paid to Kelly, Hart & $161,212.84, the maximum amount authorized to be paid to Hallman Kelly, Hart & Hallman for legal services in the lawsuit styled Town of Westlake et al v. City of Fort Worth, Cause No. 348- 169048-97. Council Member Picht stated that in addition to the $720,000 that was approved last week for additional attorney fees, the Council was being presented for their consideration this week, approval of$110,000 in additional attorney fees. Council Member Picht made a motion, seconded by Mayor Pro tempore Lane, that Mayor and Council Communication No. G-12479 be approved. The motion carried unanimously. G-12480 There was presented Mayor and Council Communication Res. # 2499 No. G-12480 from the City Manager recommending that the Increase Legal Fees City Council adopt Resolution No. 2499 increasing to Paid to Ross T. Foster $45,000.00 the maximum amount authorized to be paid to Ross T. Foster as legal counsel to represent the City's Firefighters' and Police Officers' Civil Service Commission in the lawsuit of Johnathan Hamon and Dana Canen, individually and on behalf of all others similarly situated v. City of Fort Worth, Texas; Firefighters' and Police Officers' Civil Service Commission of the City of Fort Worth, Texas; Thomas Windham as Chief of Police of the City of Fort Worth, Texas; and Bob Terrell, as City Manager for the City of Fort Worth, Texas; Cause No. 141-169278-97. Council Member Picht made a motion, seconded by Mayor Pro CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 4of14 tempore Lane, that Mayor and Council Communication No. G-12480 be approved. The motion carried unanimously. G-12481 There was presented Mayor and Council Communication Res. # 2500 No. G-12481 from the City Manager recommending that the Increase Legal Fees City Council adopt Resolution No. 2500 increasing by to Gary Ingram and/or $75,000.00 the amount authorized to be paid to Gary Ingram Law Firm of Jackson and/or the law firm of Jackson & Walker, L.L.P. for & Walker, L.L.P. representing and advising the City in civil rights litigation and related employment issues. Council Member Picht made a motion, seconded by Mayor Pro tempore Lane, that Mayor and Council Communication No. G-12481 be approved. The motion carried unanimously. G-12482 There was presented Mayor and Council Communication Increase Legal Fees No. G-12482 from the City Manager recommending that the to Cantey & Hanger City Council authorize the maximum amount to be paid to Cantey & Hanger to represent B. Don Magness in the lawsuit of Elizabeth "Jay" Seymour, et al vs. B. Don Magness and the City of Fort Worth: Cause No. 352-174866- 98 be increased to $80,000.00. Council Member Picht made a motion, seconded by Mayor Pro tempore Lane that Mayor and Council Communication No. G-12482 be approved. The motion carried unanimously. Public Hearing It appeared to the City Council that they set today as the date for a public hearing concerning allocation of Community Development Block Grant Program income to fund the Housing Department staff and operating support. Mayor Barr asked if there was anyone present desiring to be heard. Jerome Walker, Director of Housing Department, appeared before the City Council and gave a staff report calling attention of the City Council to Mayor and Council Communication No. 12483, as follows: G-12483 There was presented Mayor and Council Communication Allocation CDBG No. G-12483 from the City Manager recommending that the Funds City Council approve the use of $74,623.00 in Community Development Grant Program (CDBG) income to fund Housing Department staff (1.5 positions) and operating support. There being no one else present desiring to be heard, Council Member McCloud made a motion, seconded C f I Y COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 5 of 14 by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G- 12483 be adopted. The motion carried unanimously. G-12484 There was presented Mayor and Council Communication Ord. # 13716 No. G-12484 from the City Manager recommending that the Revisions to Single- City Council: members Districts 1. Approve the recommended revisions to City Council Singlemember Districts 2, 4 and 6; and 2. Adopt Ordinance No.13716 amending Sections 2, 4 and 6 of Ordinance No. 7323, as amended, by incorporating the recommended revisions into the City's Single- member District Plan and making the singlemember district boundaries of City Council District Nos. 2, 4 and 6, coincide with the current corporate boundaries of the City. On motion of Council Member Picht, seconded by Mayor Pro tempore Lane, the recommendation was adopted unanimously. Public Hearing It appeared to the City Council that they set today as the date for a public hearing concerning transfer and use of Community Development Block Grant funds for reimbursement to Change Order No. 2 for Water and Sanitary Sewer Main Extensions for the Mosier Valley Community (Phase II). Mayor Barr asked if there was anyone present desiring to be heard. Diedra Emerson, representing Intergovernmental Affairs and Grants Management, appeared before the City Council and gave a staff report calling attention of the City Council to Mayor and Council Communication No. 12485, as follows: G-12485 There was presented Mayor and Council Communication Change Order No. 2 to No. G-12485 from the City Manager recommending that the CSC No. 23557 - City Council: CDBG Funds 1. Authorize the transfer and use of $150,000.00 in Community Development Block Grant (CDBG) various year Unprogrammed Funds for reimbursement to the Mosier Valley Community (Phase II) project; and CITY COUNCIL MEETIN FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 6 of 14 2. Approve the use of $150,000.00 in CDBG funds for Change Order No. 2 to City Secretary Contract (CSC) No. 23557. There being no one else present desiring to be heard, Council Member McCloud made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. G-12485 be adopted. The motion was adopted unanimously. G-12486 There was presented Mayor and Council Communication Waiver of Rental Fee No. G-12486 from the City Manager recommending that the for Round Up Inn City Council approve the waiver of the rental fee for use of the Round Up Inn by the Fort Worth Independent School District (FWISD) on May 13, 1999. Council Member Moss disclosed that his wife served on the school board of the Forth Worth Independent School District and would not be voting on Mayor and Council Communication No. C-12486. Council Member Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-12486 be approved. The recommendation carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Lane; Council Members Silcox, Haskin, Picht, McCloud, and Hirt NOES: None ABSENT: Council Member Wentworth NOT VOTING: Council Member Moss P-8788 There was presented Mayor and Council Communication Purchase Agreement No. P-8788 from the City Manager recommending that the for HVAC Repair City Council authorize: Services 1. An annual purchase agreement for HVAC Repair Services from Axon, Inc. for the City of Fort Worth based C�+. COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 7of14 on the lowest responsive bid, with payment terms net 30 days; and 2. This agreement to begin on February 23, 1999, and expire on February 22, 2000, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8789 There was presented Mayor and Council Communication Purchase of Nickel No. P-8789 from the City Manager recommending that the Aluminum Bronze City Council authorize the sole source purchase of a nickel Impeller and Wear aluminum bronze impeller and wear rings for the Water Rings Department from Oslin Nation Company, based on the total bid not to exceed $30,930.00, f.o.b. Tandytown, Maryland, freight no charge, and net payment due at 30 days. It was the consensus of the City Council that the recommendation be adopted. L-12441 There was presented Mayor and Council Communication Disposal of Surplus No. L-12441 from the City Manager recommending that the Right-of-Way City Council concur with the State's plan to dispose of right- of-way between Ballinger Street, West El Paso Street and the IH 30 service road, in accordance with the established laws and regulations of the State of Texas. It was the consensus of the City Council that the recommendation be adopted. L-12442 There was presented Mayor and Council Communication Acquisition of No. L-12442 from the City Manager recommending that the Dedicated Right-of- City Council approve the acquisition of the dedicated right- Way of-way described as Lot, 1, Block 1, Tree Tops School Addition, from Mid Cities Learning Center, for the reconstruction and widening of the bridge over Boyd Branch in South Pipeline Road between Industrial Boulevard (FM 157) and Simmons Street. It was the consensus of the City Council that the recommendation be adopted. C-17280 There was presented Mayor and Council Communication Continued for One No. C-17280 from the City Manager recommending that the Week City Council authorize the City Manager to execute a professional services contract with Bryan Eppstein & CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 8 of 14 Company, Inc., d/b/a The Eppstein Group, for the design, administration, execution and analysis of a survey of Fort Worth citizens' attitudes, opinions and preferences, at a cost not to exceed $19,950.00. Council Member Picht made a motion to continue Mayor and Council Communication No. C-17280 until May 4, 1999. Motion died for lack of a second. Council Member Silcox made a motion, seconded by Mayor Pro tempore Lane, that Mayor and Council Communication No. C-17280 be continued for one week. The motion carried unanimously. C-17281 There was presented Mayor and Council Communication Day Care Association No. C-17281 from the City Manager recommending that the Fire Alarm System City Council: 1. Approve the transfer of $6,500.00 in Community Development Block Grant (CDBG) Year XXI Unprogrammed Funds to the Day Care Association; and 2. Authorize the City Manager to execute a contract with the Day Care Association for the use of $6,500.00 in CDBG funds for the installation of a fire alarm system. It was the consensus of the City Council that the recommendation be adopted. C-17282 There was presented Mayor and Council Communication Day Care Association No. C-17282 from the City Manager recommending that the Air Conditioning and City Council: Heating System 1. Approve the transfer of $6,500.00 in Community Development Block Grant (CDBG) Year XXII Unprogrammed Funds to the Day Care Association; and 2. Authorize the City Manager to execute a contract with the Day Care Association for the use of $6,500.00 in CDBG funds for the installation of an air conditioning and heating system. It was the consensus of the City Council that the recommendation be adopted. v C Y COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 9 of 14 C-17283 There was presented Mayor and Council Communication Contract Amendment No. C-17283 from the City Manager recommending that the Parsons Transporta- City Council authorize the City Manager to execute Contract tion Group Amendment No. 3 with Parsons Transportation Group to provide additional design services for the Camp Bowie, 7 t Street, Bailey Avenue, University Drive Intersection, for a lump sum fee of $25,154.00. It was the consensus of the City Council that the recommendation be adopted. C-17284 There was presented Mayor and Council Communication Community Facilities No. C-17284 from the City Manager recommending that the Agreement with City Council authorize the City Manager to execute a Dr. Puskar M. Komar Community Facilities Agreement with Dr. Puskar M. Komar for the installation of community facilities for water and sewer services to serve Elizabethtown Road. It was the consensus of the City Council that the recommendation be adopted. C-17285 There was presented Mayor and Council Communication Construction Contract No. C-17285 from the City Manager recommending that the James C. Paris City Council authorize the City Manager to execute a Company, Inc. construction contract with James C. Paris Company, Inc. in the amount of $64,983.00 and duration of 120 calendar days for modifications to restrooms in the City Hall and the Annex and reconfiguration of the City parking lot to meet accessibility standards. It was the consensus of the City Council that the recommendation be adopted. CA 7286 There was presented Mayor and Council Communication Community Facilities No. C-17286 from the City Manager recommending that the Agreement with City Council authorize the City Manager to execute a Lumberman's Invest- Community Facilities Agreement with Lumberman's ment Corporation Investment Corporation for the installation of community facilities for Parkwood Hill Section V. It was the consensus of the City Council that the recommendation be adopted. C-17287 There was presented Mayor and Council Communication Tri-Tech Construction No. C-17287 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute Change Order No. 3 with Tri-Tech Construction Inc. in the amount of $67,486.50 for the reconstruction of Chesser Boyer Road (Bonnie Brae to North Beach), Wesley Street (Chesser Boyer Road to Fossil Drive) and Fossil Drive (Wesley to CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 10 of 14 North Beach) — Unit II, increasing the contract amount to $1,522,878.68. It was the consensus of the City Council that the recommendation be adopted. C-17288 There was presented Mayor and Council Communication Graham Associates No. C-17288 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute an engineering agreement with Graham Associates, Inc. in the amount of $34,243.11 for design work for pavement reconstruction and sanitary sewer replacements on Gambrell Street (McCart to Frazier) and Wimberly Street (Merrimac to Wingate). It was the consensus of the City Council that the recommendation be adopted. C-17289 There was presented Mayor and Council Communication Change Order No. 1 to No. C-17289 from the City Manager recommending that the CSC # 23535 - City Council authorize the City Manager to execute Change Atkins Brothers Order No. 1 in the amount of $21,800.00 to City Secretary Equipment Company Contract No. 23535, increasing the contract amount to Inc. $1,219.986.40. It was the consensus of the City Council that the recommendation be adopted. C-17290 There was presented Mayor and Council Communication Ord. # 13717 No. C-17290 from the City Manager recommending that the Nadeza Construction City Council: Inc. 1. Authorize the transfer of $541,694.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 13717 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $541,694.00 from available; and 3. Authorize the City Manager to execute a contract with Nadeza Construction, Inc. in the amount of $467,694.00 for Main 195AR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 4), Part 1, Units 2 and 3. It was the consensus of the City Council that the recommendation be adopted. C I Y COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 11 of 14 C-17291 There was presented Mayor and Council Communication Continued for One No. C-17291 from the City Manager recommending that the Week City Council authorize the City Manager to execute a contract with Richard Carr Construction Company in the amount of $546,515.65 for pavement reconstruction on Beddell Street (Sixth Avenue to South Adams Street), Frazier Street (Boyce Avenue to Broadus Avenue), and Broadus Avenue (Frazier Street to William Fleming Court. Council Member Silcox made a motion, seconded by Council Member McCloud, that Mayor and Council Communication No. C-17291 be continued for one week. The motion carried unanimously. C-17292 There was presented Mayor and Council Communication Halff Associates, Inc. No. C-17292 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with Halff Associates, Inc. in the amount of $34,600.00 for Southside II Water Transmission Main (Contract 2) from the west side of IH-35W at Bolt Street to Lowden Street. It was the consensus of the City Council that the recommendation be adopted. C-17293 There was presented Mayor and Council Communication Alan Plummer No. C-17293 from the City Manager recommending that the Associates, Inc. City Council authorize the City Manager to execute an engineering agreement with Alan Plummer Associates, Inc. for design of the Cahoba Drive water line for an amount not to exceed $99,323.00. It was the consensus of the City Council that the recommendation be adopted. C-17294 There was presented Mayor and Council Communication Amendment No. 3 to No. C-17294 from the City Manager recommending that the CSC No. 22036 - City Council authorize the City Manager to execute Multatech Engineering Amendment No. 3 to the engineering agreement with Inc. Multatech Engineering, Inc., City Secretary Contract No. 22036, for construction administration services for the Village Creek Wastewater Treatment Plant Digester Gas System Improvements, Phase IVC2, increasing the total contract cost by $57,246.00 from $638,834.00 to $696,080.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETIN FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 12 of 14 C-17295 There was presented Mayor and Council Communication CSC No. 20295 No. C-17295 from the City Manager recommending that the Mayfest, Inc. City Council authorize the City Manager to execute a renewal option of five years for City Secretary Contract No. 20295 with Mayfest, Inc. for the annual presentation of Mayfest in Trinity Park. It was the consensus of the City Council that the recommendation be adopted. C-17296 There was presented Mayor and Council Communication Mother Parker's Tea No. C-17296 from the City Manager recommending that the & Coffee, U.S.A., Ltd. City Council: 1. Find that the improvements contained within the attached agreement are feasible and practical and would be a benefit to the land and to the City; and 2. Find that written notice of the City's intent to enter into the attached Tax Abatement Agreement and copies of the agreement were delivered to all affected taxing units in accordance with state law; and 3. Find that the terms and conditions of the agreement and the property subject to the agreement meet the criteria of the City's policy statement: Tax Abatement for Qualifying Development Projects (the "Tax Abatement Policy") as approved by M&C G-12143 (Resolution No. 2379); and 4. Authorize the City Manager to enter into the Tax Abatement Agreement with Mother Parker's Tea & Coffee, U.S.A. Ltd. in accordance with the Tax Abatement Policy. On motion of Council Member McCloud, seconded by Council Member Haskin, the recommendation was adopted unanimously. Brian Goard Mr. Brian Goard, representing Mother Parker's Tea and Coffee, U.S.A. Ltd., expressed his appreciation to the City Council and staff for all their efforts to bring Mother Parker's Tea and Coffee to the City of Fort Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 13 of 14 C-17297 There was presented Mayor and Council Communication Professional Services No. C-17297 from the City Manager recommending that the Agreement with City Council authorize the City Manager to execute a Architectural Utilities professional services agreement with Architectural Utilities, Inc. Inc. for program and construction management services for the LEND Program in Hillside Park in an amount not to exceed $41,085.00. On motion of Council Member McCloud, seconded by Council Member Moss, the recommendation was adopted unanimously. Z-98-174 It appeared that the City Council at its meeting of February Continued for One 9, 1999, continued the hearing of Talley Associates/Coy Week Talley by Pennsylvania Avenue, L.P., for a change in zoning of property located at 1619 Pennsylvania Avenue, 1700 Pruitt Street, 611 Ninth, and 612 Eighth, from "D" Multi- Family, "ER" & "FR" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial, Zoning Docket No. Z-98-174. An additional 3.5' setback is required on Eighth Avenue with a double row of shrubs, substitution of four compact parking spaces no less than 8' wide by 15' long for standard parking spaces, a minimum of 62 parking spaces provided and only surface mounted wall signs. A site plan is required. Mayor Barr asked if there was anyone present desiring to be heard. City Secrerary Pearson advised Council that the proposed site plan would be listed on next week's Council agenda. Council Member Hirt made a motion, seconded by Council Member Silcox, that Zoning Docket No. Z-98-174 be continued for one week to allow the zoning case to be heard in conjunction with the site plan. The motion carried unanimously. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 11:05 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) Legal Issues Concerning the Fort Worth Herd Program CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 23, 1999 PAGE 14 of 14 b) City of Fort Worth v. City of Dallas et al., Cause No. 48- 171109-97 c) City of Dallas v. City of Fort Worth et al., Cause No. 3:97- CV-2734-T d) Legal issues concerning benefits payable to deceased City employees. as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:13 p.m. Adjournment There being no further business, the meeting was adjourned at 12:14 p.m. CITY SECRETARY MAYOR