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HomeMy WebLinkAbout1999/06/15-Minutes-City Council CITY COUNCIL MEETING JUNE 15, 1999 Date & Time On the 15th day of June, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:00 a.m., in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Mayor Kenneth Barr was absent and Council Member Jim Lane was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Russ Bartee, Alta Mesa Church of Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of June 8, 1999 were approved unanimously. Special Mayor Byron S. Black, City of Burleson, presented a Presentations Proclamation for Happy 150th Birthday to Fort Worth Month. Mayor Pro tempore McCloud accepted the proclamation on behalf of the City and thanked Mayor Black for the tribute. Announcements Council Member Picht announced that the Cliburn Amateur Piano Competition was held last weekend at Landreth Hall and commended the Cliburn Foundation for hosting this event. Council Member Haskin thanked the City's 150th Committee for working so hard to make last weekend's celebration a huge success. She also announced that a meeting on the Handley Drive Corridor Initiative would be held on June 19, 1999 from 9:00 a.m. to 2:00 p.m. at the East Regional Library and invited the public to attend. Council Member Davis announced that a meeting for the Berry Street Initiative would be held on June 17, 1999 at 6:00 p.m. at the Travis Avenue Baptist Church and invited the public to attend. CITY COUNCIL MEETI FORT WORTH, TEXAS JUNE 15, 1999 PAGE 2 of 18 Continued/ City Manager Terrell requested that Mayor and Council Withdrawn By Staff Communication No. L-12530 be withdrawn from the agenda. Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Silcox, the consent agenda was adopted unanimously. Council Member Lane assumed his seat at the Council table at this time. Res. # 2536 There was presented Resolution No. 2536 recommending Lone Star Gas that the City Council authorize intervention before the Transmission's Railroad Commission in Lone Star Gas-Transmission's Application application to modify its tariff for city gate service; authorize participation in a Steering Committee of Cities that will direct the efforts of cities before agencies and courts; ratify the selection of Butler, Gay & Day as counsel to the Steering Committee; require reimbursement by Lone Star of cities reasonable costs. On motion of Council Member Davis, seconded by Council Member Wentworth, the recommendation was adopted unanimously. Notice of Intention There was presented Ordinance No. 13829 from the City to Issue Tax and Council directing publication of Notice of Intention to Issue Revenue Certificates Combination Tax and Revenue Certificates of Obligation, of Obligation Series 1999; and ordaining other matters relating to the Ord. # 13829 subject. On motion of Council Member Wentworth, seconded by Council Member Haskin, the recommendation was adopted unanimously. Notice of Intention There was presented Ordinance No. 13830 from the City to Issue Water and Council directing publication of Notice of Intention to issue Sewer System Water and Sewer System Subordinate Lien Revenue Subordinate Lien Bonds; and ordaining other matters relating to the subject. Revenue Bonds On motion of Council Member Moss, seconded by Council Ord. # 13830 Member Wentworth, the recommendation was adopted unanimously. Presentations from Council Member Haskin gave a brief report from the June 8, City Council 1999 Governmental Relations Committee meeting and Committees advised Council that approval was granted for an additional 120-day period for city employees to be notified about the service break buyback option. Council Member COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 3of18 Silcox expressed concern that not all City employees and/or returning City employees had been provided with this information. Assistant City Manager Boswell informed the Council that the information was presented during employee orientation. OCS-1068 There was presented Mayor and Council Communication Liability Bonds No. OCS-1068 from the Office of the City Secretary Approval recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Jim Bronstad, Inc. Universal Surety of America Chris'Tractor Service First Indemnity of America Benny Garrett Western Surety Company Bear Creek Construction, Ltd. Reliance National Indemnity Goodman Family of Builders, L.P. Old Republic Surety Company It was the consensus of the City Council that the recommendation be adopted. OCS-1069 There was presented Mayor and Council Communication Claims No. OCS-1069 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-1070 There was presented Mayor and Council Communication Res. # 2537 No. OCS-1070 from the Office of the City Secretary Zoning Hearing recommending that the City Council adopted Resolution No. 2537 Setting Regular Zoning Hearing for July 13, 1999. On motion of Council Member Davis, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-12581 There was presented Mayor and Council Communication Ord. # 13831 No. G-12581 from the City Manager recommending that the Appropriation of City Council adopt Appropriation Ordinance No. 13831 Water and Sewer increasing the estimated receipts and appropriations in the Interest Funds Water Capital Projects Fund in the amount of $1,000,000.00 and in the Sewer Capital Projects Fund in the amount of CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 4of18 $1,000,000.00 from increased revenues for the purpose of funding preliminary work prior to award of contracts and as cash finance for Water and Sewer Rehabilitation Projects. It was the consensus of the City Council that the recommendation be adopted. G-12582 There was presented Mayor and Council Communication Closure of Enderly No. G-12582 from the City Manager recommending that the Place City Council approve the closure of Enderly Place from Allen Street to Park Place Drive, for the period August 1, 1999 through September 1, 1999, to facilitate the replacement of a sewer line. On motion of Council Member Davis, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-12583 There was presented Mayor and Council Communication Matching Grant in No. G-12583 from the City Manager recommending that the the Big Fossil Creek City Council: Sanitary Sewer System Study 1. Authorize City participation in the Big Fossil Creek Sanitary Sewer System Study; and; 2. Authorize payment of the City's share in the amount of $7,500.00. On motion of Council Member Wentworth, seconded by Council Member Haskin, the recommendation was adopted unanimously. P-8878 There was presented Mayor and Council Communication Purchase No. P-8878 from the City Manager recommending that the Agreement for City Council authorize: Manhole Vault Frames and Lids 1. A purchase agreement for manhole vault frames and lids for the Water Department with C & C Service and Supply Company, Inc. based on the overall low bid of unit prices meeting specifications. Payment terms are net 30 days from date of invoice, freight no charge; and qty COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 5 of 18 2. This agreement to begin June 15, 1999, and expire on June 14, 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-8879 There was presented Mayor and Council Communication Purchase No. P-8879 from the City Manager recommending that the Agreement for Pipe City Council authorize: Clamps, Couplings, Sampling Stations 1. The purchase agreement for pipe clamps, couplings, and Sewer sampling stations and sewer cleanouts with multiple Cleanouts vendors for the Water Department based on unit prices. Shipping cost is included to receiving point; and 2. This agreement to begin June 15, 1999, and expire on June 14, 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-8880 There was presented Mayor and Council Communication Purchase No. P-8880 from the City Manager recommending that the Agreement to City Council authorize: Provide Maintenance on Fire 1. A purchase agreement with Laerdal Medical Corporation Department for an amount not to exceed $78,624.00 to provide Emergency Medical maintenance on emergency medical equipment for the Equipment Fire Department based on being the sole source; and 2. This agreement to begin June 15, 1999, and expire June 14, 2000, with options to renew for two additional years. It was the consensus of the City Council that the recommendation be adopted. L-12530 It was the consensus of the City Council that Mayor and Withdrawn Council Communication No. L-12530, Authorize the sale of City-owned Tax-Foreclosed Surplus Property pursuant to Section 272.001 of the Texas Local Government Code, be withdrawn from the agenda. CITY COUNCIL MEETI FORT WORTH, TEXAS JUNE 15, 1999 PAGE 6of18 L-12533 There was presented Mayor and Council Communication Res. # 2538 No. L-12533 from the City Manager recommending that the Authorize the City Council: Fort Worth Transportation 1. Adopt Resolution No. 2538 authorizing the Fort Worth Authority to Acquire Transportation Authority (FWTA) to acquire one piece of Real Property real property containing approximately 3.769 acres located in the City of Fort Worth and to proceed with condemnation proceedings, if necessary, for the RAILTRAN Commuter Rail Project; and 2. Find that the offer made to the property owner, totaling $397,000.00 is just compensation for the property described as a portion of Parcel 21, RON Investments, Ltd., Property Owner. It was the consensus of the City Council that the recommendation be adopted. L-12534 There was presented Mayor and Council Communication Lease Space — 3322 No. L-12534 from the City Manager recommending that the East Lancaster City Council: 1. Authorize the City Manager to execute a lease with Karas Enterprises for office space located at 3322 East Lancaster Avenue at a cost of$1.00 per year; and 2. Approve the lease term of one year starting July 15, 1999, and expiring July 14, 2000, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted unanimously. PZ-2105 There was presented Mayor and Council Communication Ord. # 13832 No. PZ-2105 from the City Manager recommending that the Utility Easement City Council adopt Ordinance No. 13832 vacating the north Vacations 10 feet of a 15-foot utility easement in Lots A4 through A10, VA-99-006 Block 1 of the Lost Creek Garden Homes Addition, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. Y COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 7of18 PZ-2106 There was presented Mayor and Council Communication Ord. # 13833 No. PZ-2106 from the City Manager recommending that the Sanitary Sewer City Council adopt Ordinance No. 13833 vacating a 15-foot Easement Vacation wide by 625.62-foot long sanitary sewer easement VA-99-025 containing approximately 9,384 square feet of land in the W. W. Wheat Survey, Abstract No. 1646 and the Flores Survey, Abstract No. 507, conveyed to Kaufman and Broad, as recorded in the Deed Records, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2107 There was presented Mayor and Council Communication Ord. # 13834 No. PZ-2107 from the City Manager recommending that the Street Vacation City Council adopt Ordinance No. 13834 vacating a portion VA-99-015 of Haslet Roanoke Road east of State Highway 170, in the Jose Chirino Survey, Abstract No. 265, and the T&P RR Survey, Abstract No. 1569, conveyed to Hillwood/Freeway, Ltd., Tarrant County, Texas. On motion of Council Member Lane, seconded by Council Member Davis, the recommendation was adopted unanimously. PZ-2108 There was presented Mayor and Council Communication Ord. # 13835 No. PZ-2108 from the City Manager recommending that the Partial Lipscomb City Council adopt Ordinance No. 13835 vacating a portion Street Vacation of Lipscomb Street right-of-way, in the W. W. Welch VA-99-020 Survey, Abstract No. 1644 to the City of Fort Worth, Texas. Z-99-056A and SP-99-009A Council Member Davis requested that Zoning Docket Nos. Approved Z-99-056A and SP-99-009A be considered in conjunction with PZ-2108. At Council Member Davis' request, Mr. Jim Dunaway, representing Phoenix Properties Company, provided a summary of comments made at the June 8, 1999 Council meeting and requested that the southern portion of the property be approved this week. He requested a delay in approving the northern portion of the property until such time the property was replatted. He added that Norwest Bank had agreed to the delay until the plats were defined. CITY COUNCIL MEETI FORT WORTH, TEXAS JUNE 15, 1999 PAGE 8of18 Sue Hazlett, Harven The following citizens spoke in favor of the proposed street Tewes, David Cantu- vacation: Crouch, Judy Phillipson Ms. Sue Hazlett 1400 5th Avenue Mr. Harven Tewes 717 W. Powell Avenue Mr. David Cantu-Crouch 1820 S. Henderson Street Ms. Judy Phillipson 1401 5th Avenue Ms. Phillipson presented Mr. Dunaway and Mr. Phillip Poole a banner signed by members of the Fairmount community in appreciation for investing in their community. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2108 for a partial vacation of Lipscomb Street, extending 447.79 feet north of West Magnolia Street, in the W. W. Welch Survey, Abstract No. 1644, Fort Worth, Texas (VA-99-020), and the application of Phoenix Properties Co. by Dunaway Associates, located in the 900 Block of Magnolia Avenue from "D" Multi-Family and "G" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Commercial plus mixed use of multi-family and commercial, Zoning Docket No. Z-99-056A, with site plan required, SP-99-009A, be approved with the following stipulations: Approval was subject to the submission of a traffic impact study by the developer and approval of the traffic impact study prior to the issuance of building permits. The motion carried unanimously. Ord. # 13841 There being no one else desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that the following ordinance be adopted: MY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 9of18 ORDINANCE NO. 13841 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, 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. C-17463 There was presented Mayor and Council Communication Bauer Sport Floors No. C-17463 from the City Manager recommending that the City Council approve the execution of a construction contract with Bauer Sport Floors, Inc. for the replacement of the oak floor in the gymnasium at Bertha Collins Recreation Center in the amount of $49,200.00, with a duration of 60 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-17464 There was presented Mayor and Council Communication Vaughn Architects No. C-17464 from the City Manager recommending that the Plus City Council authorize the City Manager to execute Amendment No. 1 with Vaughn Architects Plus to design repairs and replacements for roof systems damaged during the May 5, 1995, hailstorm for a fee not to exceed $46,200.00. It was the consensus of the City Council that the recommendation be adopted. C-17465 There was presented Mayor and Council Communication Larry H. Jackson No. C-17465 from the City Manager recommending that the Construction, Inc. City Council rescind the award of contract to Larry H. CITY COUNCIL MEETI FORT WORTH, TEXAS JUNE 15, 1999 PAGE 10 of 18 Jackson Construction, Inc. for Water Rehabilitation Contract II and authorize the City Manager to execute a contract for Water Main Rehabilitation Contract II with Jackson Construction, Inc. It was the consensus of the City Council that the recommendation be adopted. C-17466 There was presented Mayor and Council Communication Texas-Sterling No. C-17466 from the City Manager recommending that the Construction, Inc. City Council authorize the City Manager to execute a contract with Texas-Sterling Construction, Inc. in the amount of $1,723,733.00 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1), Part II. It was the consensus of the City Council that the recommendation be adopted. C-17467 There was presented Mayor and Council Communication Davila Construction, No. C-17467 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $352,100.47 for Main 390 Drainage Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1), Part 13, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17468 There was presented Mayor and Council Communication Interlocal Agreement No. C-17468 from the City Manager recommending that the for Tarrant County — City Council authorize the City Manager to execute an Disease Control interlocal agreement for Tarrant County to continue to provide disease control services. It was the consensus of the City Council that the recommendation be adopted. C-17469 There was presented Mayor and Council Communication Interlocal Agreement No. C-17469 from the City Manager recommending that the with Tarrant County- City Council authorize the City Manager to execute an Building Services interlocal agreement with Tarrant County to provide office space and building services at the City of Fort Worth's Public Health Center, located at 1800 University Drive, and at 700 West Rosedale. It was the consensus of the City Council that the recommendation be adopted. C-17470 There was presented Mayor and Council Communication Ord. # 13836 No. C-17470 from the City Manager recommending that the Texas Department of City Council: Health XY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 11 of 18 1. Authorize the City Manager to apply for and, if offered, accept and execute one grant contract with the Texas Department of Health, Bureau of Regional/Local Health Operations for$40,000.00; and 2. Adopt Appropriation Ordinance No. 13836 increasing the estimated receipts and appropriations by $40,000.00 in the Grants Fund from available funds for the purpose of funding a contract with the Texas Department of Health's Bureau of Regional/Local Health Operations "000" Funds essential public health services support and Preventive Health and Human Services Block Grant; and 3. Apply indirect costs in accordance with Administrative Regulation AR3-15 at a rate of 27.31 percent, which represents the most current indirect cost rate for this department. It was the consensus of the City Council that the recommendation be adopted. C-17471 There was presented Mayor and Council Communication City of Rhome No. C-17471 from the City Manager recommending that the City Council authorize the City Manager to enter into an interlocal agreement with the City of Rhome providing for their participation in, and payment of their proportionate share of costs for the City of Fort Worth's Environmental Collection Center (ECC) hazardous household waste collection and disposal. It was the consensus of the City Council that the recommendation be adopted. C-17472 There was presented Mayor and Council Communication Architectural No. C-17472 from the City Manager recommending that the Utilities, Inc. City Council authorize the City Manager to execute Change Order No. 4 to City Secretary Contract No. 23578 with Architectural Utilities, Inc. for the Village Creek Wastewater Treatment Plant (VCWWTP) Improvements to Blower Building, Office, Training Area and Control Room Facilities in the amount of $20,912.14, revising the total contract cost to $1,454,282.11. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 12 of 18 C-17473 There was presented Mayor and Council Communication Prose Backhoe & No. C-17473 from the City Manager recommending that the Utilities, Inc. City Council authorize the City Manager to execute a contract with Prose Backhoe & Utilities, Inc. on the low bid of $54,786.00 for the construction of a 10-inch water meter to serve the City of Saginaw. It was the consensus of the City Council that the recommendation be adopted. C-17474 There was presented Mayor and Council Communication Freese & Nichols, No. C-17474 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute Amendment No. 1 to the engineering agreement with Freese & Nichols, Inc., City Secretary Contract No. 24224, for the design of the Village Creek Wastewater Treatment Plant (VCWWTP) Uprating Modifications, Phase 1, increasing the total contract cost by $130,000.00 from $573,222.00 to $703,222.00. It was the consensus of the City Council that the recommendation be adopted. C-17475 There was presented Mayor and Council Communication Ord. # 13837 No. C-17475 from the City Manager recommending that the Office of Juvenile City Council: Justice and Delinquency 1. Authorize the City Manager to apply for and, if offered, Prevention — Safe accept and execute grant contracts with the Office of Start Juvenile Justice and Delinquency Prevention for up to $3,350,000.00 (allocated in three phases) over a five and one-half year period; and 2. Adopt Appropriation Ordinance No. 13837 increasing the estimated receipts and appropriations by $3,350,000.00 in the Grants Fund, subject to receipt of grant funding, for the purpose of funding a contract with the Office of Juvenile Justice and Delinquency Prevention (OJJDP) for the "Safe Start" Violence Prevention Grant; and 3. Waive indirect cost due to the competitive nature of the grant. It was the consensus of the City Council that the recommendation be adopted. AY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 13 of 18 C-17476 There was presented Mayor and Council Communication Reject Bids for No. C-17473 from the City Manager recommending that the J-M-SL Gates and City Council authorize the City Manager to reject all bids Portal Structures received for the Jennings-May-St. Louis Gates and Entry Portal Structures (Project No. GR76-005206100920) and to re-advertise the project for bid. On motion of Council Member Moss, seconded by Council Member Haskin, the recommendation was adopted unanimously. Council Member Lane excused himself from the Council table at this time. C-17477 There was presented Mayor and Council Communication Hawkins Family No. C-17477 from the City Manager recommending that the Joint Venture City Council authorize the City Manager to execute a Community Facilities Agreement with Hawkins Family Joint Venture for the installation of community facilities for Marine Creek Hills Addition, Blocks 36-41. On motion of Council Member Wentworth, seconded by Council Member Silcox, the recommendation was adopted unanimously. C-17478 There was presented Mayor and Council Communication Dr. Puskar M. Kumar No. C-17478 from the City Manager recommending that the City Council authorize the City Manager to execute an amendment to the Community Facilities Agreement with Dr. Puskar M. Kumar for an additional $19,780.00 for the installation of community facilities to serve Elizabethtown Road. On motion of Council Member Moss, seconded by Council Member Haskin, the recommendation was adopted unanimously. C-17479 There was presented Mayor and Council Communication Ord. # 13838 No. C-17479 from the City Manager recommending that the Ord. # 13839 City Council: Texas Department of Transportation 1. Authorize the City Manager to execute an amendment/change order to the agreement with the Texas Department of Transportation (TxDOT) for improvements to the C lea rfork/Benbrook Bike Trail in the amount of $45,557.90, with a revised project cost of$1,260,688.17; and 2. Accept $22,778.90 from Mayfest 1998 to fund the City's portion of the improvements; and CITY COUNCIL MEETING' FORT WORTH, TEXAS JUNE 15, 1999 PAGE 14 of 18 3. Accept $22,778.90 from Streams and Valleys, Inc. to fund the City's portion of the improvements; and 4. Adopt Appropriation Ordinance No. 13838 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $45,557.80 from available funds for the purpose of funding the C lea rfork/Benbrook Bike Trail; and 5. Authorize the transfer of funds in the amount of $45,557.80 from the Special Trust Fund to the Grants Fund; and 6. Adopt Appropriation Ordinance No. 13839 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $45,557.80 from available funds for the purpose of funding the Clearfork/Benbrook Bike Trail. On motion of Council Member Wentworth, seconded by Council Member Silcox, the recommendation was adopted unanimously. Council Member Lane assumed his seat at the Council table. C-17480 There was presented Mayor and Council Communication Ord. # 13840 No. C-17480 from the City Manager recommending that the Ratcliff Constructors City Council: Inc. 1. Authorize a non-interest bearing interfund loan from the General Fund to the Library Improvements Fund in the amount of$710,127.00 for interim financing; and 2. Adopt Appropriation Ordinance No. 13840 increasing the estimated receipts and appropriations in the Library Improvements Fund in the amount of $710,127.00 from available funds for the purpose of funding Change Order No. 8 to a contract with Ratcliff Constructors, Inc., for Plaza Level Finish Out in the Central Library; and AY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 15 of 18 3. Authorize the City Manager to execute a change order to the construction contract with Ratcliff Constructors, Inc. in the amount of $459,730.00 and 112 calendar days for the construction of additional office space and additional finish out of the East Gallery; and 4. Authorize the City Manager to amend the lease agreement with the Fort Worth Library Foundation, increasing the lease space from 700 square feet to 2060 square feet. On motion of Council Member Silcox, seconded by Council Member Moss, the recommendation was adopted unanimously. Appeal of Order of Mayor Pro tempore McCloud read information from the City Building Standards Attorney's Office relative to how the Building Standards Commission Commission Appeal hearings would be conducted. Public Hearing It appeared that the City Council set today as the date for a 2315 Ellis Avenue public hearing for the Appeal of the Order of the Building Standards Commission regarding 2315 Ellis Avenue. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council and presented a staff report. He advised Council that staff was recommending that the City Council sustain the decision of Building Standards Commission for demolition of the property. Stan A. Flores Mr. Stan A. Flores, 1413 Circle Park, owner of the property, stated that the problems he has had with the Building Standards Commission was bad communication. He stated that this building was a 10-unit structure and the original citation was issued for the exterior of the building, not the interior, and stated repair of the exterior would be completed by July 31, 1999. He summarized his efforts in obtaining a six month extension from the Building Standards Commission to complete repair of the interior of the building. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 16 of 18 Mr. Bounds stated that Mr. Flores had not submitted plans as originally requested, had waited until this Council meeting to provide plans for consideration, and requested that Council uphold the decision of the Building Standards Commission. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Council Member Wentworth, that Mr. Flores be granted a total of six months to complete repair of this property on the inside, with the period beginning April 26, 1999. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a 1221 Madeline Place public hearing for the Appeal of the Order of the Building Standards Commission regarding 1221 Madeline Place. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council and presented a staff report. He advised Council that he had met with Ms. Keith and he accepted the demolition of the property. There being no one else desiring to be heard, Council Member Wentworth made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Council sustain the decision of the Building Standards Commission for the demolition of property at 1221 Madeline Place. The motion carried unanimously. Citizen Presentation Mr. Chip Diano, 8700 N. Normandale #111, informed the Chip Diano Council and viewing audience of events occurring over the next few weeks in honor of the City's 150th Celebration and invited everyone to attend. Pauline Gasca Ms. Pauline Gasca Valenciano, 216 E. Drew Street, Valenciano representing LULAC, appeared before the Council and asked Council's intervention in settling the strike with Waste Management. Mayor Pro tempore McCloud informed Ms. Valenciano that Waste Management was in negotiations with their workers Y COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 1999 PAGE 17 of 18 and that the matter was not for Council resolution. City Manager Terrell informed Ms. Valenciano that the City had a contract with Waste Management for collection services and that any dispute would have to be resolved by Waste Management. Sabe Braheem Mr. Sabe Braheem, 3911 E. Berry, addressed the Council alleging harassment by the Fort Worth Police Department . He stated that he had provided Council Member Moss with a letter reflecting the alleged harassment charges. Mayor Pro tempore McCloud thanked Mr. Braheem for bringing this issue to the Council's attention and asked that Council Member Moss provide copies of Mr. Braheem's letter to staff and Council. Cedric Lee Cedric Lee, 3668 Forbes Street and representing Lee Estates of Texas, addressed the Council regarding clean parks and residential code compliance. Mayor Pro tempore McCloud directed him to speak with Paul Bounds regarding his concerns. Executive Session It was the consensus of the City Council that the Council meet in closed session at 11:15 a.m. to seek the advise 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) Luis T. Hernandez, Individually and as Heir and Representative of the Estate of Luis Enrique Hernandez v. City of Fort Worth, Civil Action No. 4:99-CV-0318-Y as authorized by Section 551.071 of the Texas Government Code. CITY COUNCIL MEETIN FORT WORTH, TEXAS JUNE 15, 1999 PAGE 18 of 18 Reconvened The City Council reconvened into regular session at 11:52 a.m. Adjournment There being no further business, the meeting was adjourned at 11:52 a.m. J&4apAxw� f ,A-� CITY S ETARY MAYOR