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HomeMy WebLinkAbout1999/04/06-Minutes-City Council CITY COUNCIL MEETING APRIL 6, 1999 Date & Time On the 6th day of April, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 7:20 p.m., at the Will Rogers Memorial Complex, Amon Carter Jr. Exhibition Hall, West Texas Room, 3400 Burnett-Tandy Drive, 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, Jeff Wentworth, and Ralph McCloud; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Cathy Hirt was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend O. J. Spruiells, Johnson Chapel AME Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Mayor Pro tempore Lane, the minutes of the regular meeting of March 30, 1999, were approved unanimously. Special Ms. Judy Harman, Chairwoman, Fort Worth Sister Cities Trier Presentations/ Executive Committee, introduced fifteen Sister Cities High Introductions School Exchange Students and Chaperones from Trier, Germany. Christina Kaffarnik and Andreas Schneck expressed their appreciation to their host families and to the citizens of Fort Worth for the tremendous welcome they have been given. Herr Stefan Phillips stated that this experience has been a great opportunity for his exchange students and he looked forward to the exchange students from Fort Worth visiting Trier. Council Member Picht presented the delegation with City pins and stated that he enjoyed his visit to Trier last year. Council Member Hirt assumed her seat at the Council table. Council Member Wentworth welcomed the viewing and listening audience to the meeting in District 7. He also recognized Mrs. Viola Pitts from Lake Como. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 2 of Announcements Mayor Pro tempore Lane complimented City Manager Bob Terrell, Assistant City Manager Mike Groomer and various other City departments for the great coordinated efforts towards making the car races at the Texas Motor Speedway a very successful event. From negotiating for the race to support from the police, fire department, and traffic control, the entire experience went smoothly. Council Member Moss announced that the District 5 Community Forum would be held at the Martin Luther King Center, 5565 Truman Drive, on Saturday, April 10tH Council Member Silcox thanked the Citizens Fire Academy Alumni who volunteered a total of 66 hours on April 3rd , delivering Easter baskets to various fire departments within the City. Continued/Withdrawn Council Member Silcox requested that Mayor and Council Consent Agenda Communication C-17369 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. C.P. No. 208 There was presented City Council Proposal No. 208, dated Continued for One March 23, 1999, as proposed by Mayor Pro tempore Lane, Week recommending that the Fort Worth City Council adopt the personnel regulation to establish a policy concerning Police Association Leave. Mayor Pro tempore Lane made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. 208 be continued for one week. The motion carried unanimously. OCS-1051 There was presented Mayor and Council Communication No. Liability Bonds OCS-1051 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: Parkway Contractor Insurance Company Bill Bridges dba B.B. Enterprises Western Surety Company Concrete Unlimited, Inc. Universal Surety of America Martin Concrete, Inc. Employers Mutual Casualty CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 3 of It was the consensus of the City Council that the recommendation be adopted. OCS-1052 There was presented Mayor and Council Communication No. Claims OCS-1052 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-12527 There was presented Mayor and Council Communication No. Res. No. 2518 G-12527 from the City Manager recommending that the City Increase Legal Fees — Council adopt Resolution No. 2518 increasing to $222,000.00 Ann Clarke Snell the maximum amount authorized to be paid to Ann Clarke Snell of the lawfirm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDonald, as outside counsel in the case of City of Fort Worth v. Julius D. Zimlich; No. 98-1014. It was the consensus of the City Council that the recommendation be adopted. G-12528 There was presented Mayor and Council Communication No. Temporary Street G-12528 from the City Manager recommending that the City Closures for Main Council approve the request of Downtown Fort Worth, Inc. to Street Arts Festival temporarily close various downtown streets for the Main Street Fort Worth Arts Festival for the years 1999 through 2002, for the week of the third weekend in April. It was the consensus of the City Council that the recommendation be adopted. G-12529 There was presented Mayor and Council Communication No. Ord. No. 13764 G-12529 from the City Manager recommending that the City Adjust Civil Service Council adopt Ordinance No. 13764 adjusting the total Strength in the number of authorized Civil Service positions in the Fire Fire Department Department; increasing the number of Fire Captain positions by one, Fire Lieutenant positions by two, Fire Engineer positions by three, and Firefighter positions by eight. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 4 of G-12530 There was presented Mayor and Council Communication No. Ord. No. 13765 G-12530 from the City Manager recommending that the City Accept Grant for Council: Comprehensive Energy Assistance 1. Authorize the City Manager to accept a grant from the Program Texas Department of Housing and Community Affairs in the amount of$737,948.00; and 2. Adopt Appropriation Ordinance No. 13765 increasing the estimated receipts and appropriations in the Grant Fund in the amount of $737,948.00 subject to the receipt of the grant from the Texas Department of Housing and Community Affairs for the purpose of funding the Comprehensive Energy Assistance Program; and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 at a rate of 25.52 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-12531 There was presented Mayor and Council Communication No. Ord. No. 13766 G-12531 from the City Manager recommending that the City Accept Contribution Council: for Maintenance of Burnett Park 1. Accept a contribution from Downtown Fort Worth, Inc. in the amount of $187,592.00 to offset one year's operating and maintenance costs for Burnett Park; and 2. Adopt Appropriation Ordinance No. 13766 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $187,592.00 subject to receipt of funds from Downtown Fort Worth, Inc. for the purpose of funding the maintenance of Burnett Park. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 5 of G-12532 There was presented Mayor and Council Communication No. Ord. No. 13767 G-12532 from the City Manager recommending that the City Revision to Street Council: Vacation Policy 1. Approve a revision to the City policy for street and alley right-of-way vacations which would allow reversion of the City's interest to an abutting property owner without payment of cash consideration in central city redevelopment neighborhoods meeting certain criteria; and 2. Adopt Ordinance No. 13767 amending Section 25-1 of the City Code to allow waiver or refund of the application fee for street or alley vacations in accordance with a Council policy for redevelopment of neighborhoods; providing that this ordinance shall be cumulative of other ordinances. Joan Crownover Ms. Joan Crownover, 1041 E. Robert Street, representing the Southside Urban Development Committee, appeared before the City Council regarding the maintenance of the streets in her neighborhood. Mayor Barr informed Ms. Crownover that staff would review her concerns and provide her with a a report regarding these concerns . On motion of Council Member Haskin, seconded by Council Member Hirt, the recommendation was adopted unanimously. G-12533 There was presented Mayor and Council Communication No. Ord. No. 13768 G-12533 from the City Manager recommending that the City Appointment of Council adopt Ordinance No. 13768 appointing Dr. Brian Health Authority Rogers, M.D., as health authority for the City of Fort Worth. On motion of Council Member McCloud, seconded by Council Member Moss, the recommendation was adopted unanimously. G-12534 There was presented Mayor and Council Communication No. Ord. No. 13769 G-12534 from the City Manager recommending that the City Accept Sponsorships Council: for "Care for Cowtown Air" 1. Authorize the City Manager to accept a $500.00 cash Program sponsorship from Bell Helicopter for the "Care for Cowtown Air" program; and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 6 of 2. Authorize the City Manager to accept donated services sponsorships; and 3. Adopt Supplemental Appropriation Ordinance No. 13769 increasing estimated receipts and appropriations in the General Fund by $500.00 from available funds to fund the kick-off event for "Care for Cowtown Air". On motion of Mayor Pro tempore Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously, with appreciation. P-8822 There was presented Mayor and Council Communication No. Purchase Agreement P-8822 from the City Manager recommending that the City for Fire Dept. Uniform Council: Shirts 1. Authorize purchase agreements to provide uniform shirts from Red Dog Studios for being the low bidder meeting specifications for the white shirts, and from National Direct Source for meeting specifications for the gray shirts; and 2. These agreements to begin April 6, 1999, and expire on April 5, 2000, with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8823 There was presented Mayor and Council Communication No. Purchase Agreement P-8823 from the City Manager recommending that the City for Rosemount Council: Meters, Parks and Service 1. Authorize a sole source purchase agreement with Rosemount Inc. for Rosemount meters, parts and repair service at manufacturers list price for the Water Department. Payment terms are one percent discount if paid within 15 days, net payment due at 30 days. Freight to be f.o.b. shipping point, prepaid and added to the invoice; and 2. This agreement to begin April 1, 1999, and expire on March 31, 2000, with options to renew for two additional one-year periods. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 7 of It was the consensus of the City Council that the recommendation be adopted. P-8824 There was presented Mayor and Council Communication No. Purchase Agreement P-8824 from the City Manager recommending that the City for Access to Public Council authorize: Database Investigation System 1. A purchase agreement for access to a Public Database Investigation System for the Police Department with Database Technologies, Inc. based on the documented sole source for an amount of $1.25 per minute access time; and 2. This agreement to begin April 6, 1999, and end April 5, 2000, with the option to renew annually until the Police Department decides that the Public Database Investigation System has become obsolete and/or a more efficient system is available. It was the consensus of the City Council that the recommendation be adopted. L-12469 There was presented Mayor and Council Communication No. Acceptance of L-12469 from the City Manager recommending that the City Drainage Easements Council approve the acceptance of two permanent drainage and Sanitary Sewer easements and one permanent sanitary sewer easement Easement described as a portion of the J. Edmunds Survey, A-457, Tarrant County, Texas and one drainage easement described as a portion of the John Condra Survey, A-309, Tarrant County, Texas, for the development of Parkwood Addition for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-12470 There was presented Mayor and Council Communication No. Acquisition of Two L-12470 from the City Manager recommending that the City Permanent Utility Council approve the acquisition of one permanent utility Easements easement described as Lot 39, Block 146R, from the Llewellyn and Farley families, and one permanent utility easement described as Lots 35, 36, 37, 38, Block 146R, from J.C. Llewellyn, all being part of Chamberlin Arlington Heights, Tarrant County, Texas, for a cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 8 of L-12471 There was presented Mayor and Council Communication No. Acquisition of Two L-12471 from the City Manager recommending that the City Permanent Utility Council approve the acquisition of two permanent sanitary Easements sewer easements described as A-1376, Tract 22, David Strickland Survey, Tarrant County Texas, from 820/Martin Development; and A-1376, Tract 41, David Strickland Survey, Tarrant County, Texas, from Benjamin Doskocil, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-12472 There was presented Mayor and Council Communication No. Acceptance of One L-12472 from the City Manager recommending that the City Permanent Sanitary Council approve the acceptance of one permanent sanitary Sewer Easement sewer easement described as a portion of Lot 131A of the Jack Cashion Addition, Tarrant County, Texas, from T.C. & C, Inc., for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12473 There was presented Mayor and Council Communication No. Lease Space — 1600 L-12473 from the City Manager recommending that the City Circle Park Council: 1. Authorize the City Manager to execute a lease for office space located at 1600 Circle Park with the Northside Inter- Church Agency for $1.00 per year; and 2. Approve the lease term of one year starting April 16, 1999, and expiring April 15, 2000, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-12474 There was presented Mayor and Council Communication No. Acquisition of L-12474 from the City Manager recommending that the City License Agreement Council approve the acquisition of one license agreement described as a portion of Tract 2A03, J. Burnett Survey, A- 178, Tarrant County, Texas, from the Dallas/Fort Worth International Airport Board for $1.00, in connection with the construction of sanitary sewer main M-398R. On motion of Council Member Haskin, seconded by Council Member Silcox, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 9 of C-17367 There was presented Mayor and Council Communication No. Cornerstone C-17367 from the City Manager recommending that the City Assistance Network Council approve an amendment to the contract between the City of Fort Worth and the Cornerstone Assistance Network allowing for monthly payments, rather than one annual payment. It was the consensus of the City Council that the recommendation be adopted. C-17368 There was presented Mayor and Council Communication No. Dustrol, Inc. C-17368 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Dustrol, Inc. in the amount of $153,050.00 for one year for surface wedge milling at specified locations. It was the consensus of the City Council that the recommendation be adopted. C-17369 There was presented Mayor and Council Communication No. Parkwood Hill C-17369 from the City Manager recommending that the City Development, Inc. Council authorize the City Manager to execute a Community Facilities Agreement with Parkwood Hill Development, Inc. for street improvements to Parkwood Hill Boulevard from Redwood Trail to North Tarrant Parkway. Council Member Haskin made a motion, seconded by Council Member Hirt that Mayor and Council Communication No. C-17369 be approved. The recommendation carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore Lane; Council Members Haskin, Moss, Picht; Wentworth, McCloud, and Hirt NOES: Council Member Silcox NOT VOTING: None C-17370 There was presented Mayor and Council Communication No. B&H Utilities, Inc. C-17370 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with B&H Utilities, Inc. in the amount of $483,615.00 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1), Part 14, Unit 1. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 10 of C-17371 There was presented Mayor and Council Communication No. Texas-Sterling C-17371 from the City Manager recommending that the City Construction, Inc. Council authorize the City Manager to execute a contract with Texas-Sterling Construction, Inc. in the amount of $499,362.30 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1), Part 14, Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-17372 There was presented Mayor and Council Communication No. Southland C-17372 from the City Manager recommending that the City Contracting, Inc. Council authorize the City Manager to execute a contract with Southland Contracting, Inc. in the amount of $3,069,539.30 for Main 207R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 3), Part 2, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17373 There was presented Mayor and Council Communication No. CSC No. 24280 C-17373 from the City Manager recommending that the City Larry H. Jackson Council authorize the City Manager to execute Change Order Construction, Inc. No. 1 to City Secretary Contract No. 24280 with Larry H. Jackson Construction, Inc. in the amount of $166,192.70 to provide for additional pay item quantities, thereby increasing the contact amount to $1,310,772.70. It was the consensus of the City Council that the recommendation be adopted. C-17374 There was presented Mayor and Council Communication No. Conatser C-17374 from the City Manager recommending that the City Construction, Inc. Council authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of $926,107.60 for Main 390 Drainage Area Sanitary Sewer Rehabilitation and Improvements (Group 6, Contract 1), Part 4, Units 1 and 2. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared to the City Council that they set today as the date for a continuance of public hearing for 1999-2000 City of Fort Worth Consolidated Acton Plan: CDBG, ESG, HOPWA, HOME. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 11 of Deidra Emerson, representing Intergovernmental Affairs and Grants Management, appeared before the City Council and presented a staff report. It was the consensus of the City Council that no action be taken on this issue and that the Public Hearing remain open until such time action would be appropriate. Public Hearing It appeared to the City Council that they continue the public 1962 Hemphill hearing, dated March 16, 1999, for the Appeal of the Order of the Building Standards Commission regarding 1962 Hemphill. Mayor Barr asked if there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council, andpresented a staff report. Elijah Ragira Mr. Elijah Ragira, 5009 E. Lancaster, property owner, appeared before the City Council to request reconsideration of the $31,500.00 assessed fine. Mr. Ragira stated that although he exceeded the deadline for completing the repairs, all repairs were completed and he had received a Certificate of Occupancy from the City. He proposed that he be allowed to enhance the property's appearance by the addition of landscaping, security gates, and other improvements. He estimated that it would take $10,000.00 to make the improvements and requested that Council waive the balance of the fine upon completion of the improvements. Mr. Bounds informed the Council that the options offered by Mr. Ragira had benefits and recommended that Council continue the hearing until staff had an opportunity to review the proposal or return the issue to the Building Standards Commission (BSC) for reconsideration. Council Member Hirt asked for a legal opinion on whether the hearing could be returned to the BSC. Alicia Johnson from the Legal Department stated that the City Council could overturn the decision of the BSC and return this case to the BSC for consideration of the appellant's proposal. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 12 of Richard Deniker, The following citizens addressed the Council in opposition Carol Misfeldt, Jane of the reduction of the fine imposed on Mr. Ragira: Lomas Mr. Richard Deniker 2708 College Avenue Ms. Carol Misfeldt 2412 5th Avenue Ms. Jane Lomas 2250 College Avenue Barbara Koerble Ms. Barbara Koerble, 1815 51h Avenue, also spoke in opposition of the reduction in fines imposed on Mr. Ragira and provided information on crime statistics for 1962 Hemphill over the past three years. Council Member Hirt made a motion, seconded by Council Member Silcox, to return the issue to the Building Standards Commission with Council recommendations that the appellant pay some degree of a fine, complete the proposed $10,000 of improvements to the property and that the fine be reduced to $6,000.00. Council Member Haskin made a substitute motion to return the issue to the Building Standards Commission with Council recommendation to impose the full fine if the proposed improvements were not completed within 60 days. Motion died for lack of a second. The original motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore Lane; Council Members Silcox, Moss, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Haskin NOT VOTING: None Citizen Presentation Mr. Howard Chadwick, 5100 Humbert Avenue, appeared Howard Chadwick before City Council to express his concern regarding no approach to his driveway due to street repairs. Mr. Chadwick was referred to Mr. Rick Trice from the Engineering Department. 91TYCOUNCIL MEETING FORT WORTH, TEXAS APRIL 6, 1999 PAGE 13 of Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before City Council regarding alleged complaints of the Code Compliance staff and improper management of the City government. Velma Ausbrooks Ms. Velma Ausbrooks, 951 Vicki Lane, President of the Vicki Lane Neighborhood Club, expressed her appreciation to the Council for responding to their appeal for the repair of Vicki Lane. George Pascual Mr. George Pascual, 4030 E. Belknap, addressed the Council and asked for reconsideration of their decision to sell his property at 2225 E. Lancaster. When he purchased the property from the City, he was unaware of how extensive the repairs to the property would be and that he would not be allowed to place his ice cream business at this location. Council Member McCloud informed Mr. Pascual that his business was inconsistent with zoning for the surrounding property. Mayor Barr informed Mr. Pascual that Council Member McCloud and City staff will work with him to resolve this issue. Sandy Joyce Ms. Sandy Joyce, 905 E. Elmwood, President of the Near Southeast Neighborhood Association, asked the Council's assistance with the Building Standards Commission's decision on this property. Mayor Barr advised Ms. Joyce to work with Council Member McCloud and the Building Standards Commission through the appeals process to resolve her concerns. Adjournment There being no further business, the meeting was adjourned at 8:45 p.m. ko. ) CITY SE RETARY MAYOR