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HomeMy WebLinkAbout1999/10/19-Minutes-City Council CITY COUNCIL MEETING OCTOBER 19, 1999 Date & Time On the 19th day of October, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session at 10:43 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth and Wendy Davis; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Tom Paine, Oak Hill Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of October 12, 1999 were approved unanimously. Special Council Member Lane announced that the Big Band Dance Sounds Presentations would take place at Meacham Field on Saturday, October 23, 1999, and stated that this was a great opportunity to see some of the Vintage Airplanes. Council Member Lane presented a Proclamation for Cowboy Gathering & Western Swing Festival Days to Mr. Red Stegall. Council Member Haskin presented a Proclamation to Mr. Don Hicks Recognizing the Handley Initiative. Mr. Hicks advised Council that they would be hosting their first annual Street Festival and Dance and tours of various homes in the Handley area. Announcements Council Member Picht announced that the reward offered for the hit and run driver had been increased to $5,000.00 in an effort to obtain information about the accident. He announced that a Comprehensive Plan meeting would be held Wednesday, October 20, 1999 at 7:00 p.m. at the Southwest Recreation Center. He also stated that a Police Forum would be held Tuesday, October 26, 1999 at St. Luke Cumberland Presbyterian Church, 1404 Sycamore School Road. He also advised the listening audience that "Kids Fish" day would be held on Sunday, October 24, 1999 from 1:00 p.m. until 5:00 p.m. Mayor Pro tempore McCloud announced that a Comprehensive Plan meeting would be held at 7:00 p.m. at the Crime Prevention Resource Center at 605 E. Berry Street. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 2of16 Continued/ City Manager Terrell requested that Mayor and Council Communication Withdrawn by Nos. G-12686 and C-17690 be continued for one week. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda was adopted unanimously. Appointments Council Member Moss made a motion, seconded by Council Member Lane, that Mr. Hugh Collins be reappointed to Place 5 on the Building Standards Commission; that Mr. Quincy Taylor be reappointed to Place 5 on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission; and that Dr. Armentha Hill be reappointed to Place 5 on the Fort Worth Commission on the Status of Women, with the terms of office expiring October 1, 2001. The motion carried unanimously. Council Member Silcox gave a brief report of the Safety and Community Development Committee meeting held Tuesday, October 12, 1999. Municipal Court The Municipal Court Advisory Committee recommended that the City Advisory Council: Committee Recommendation 1. Set the following seven percent merit raises for the Municipal Judges; No. 60 and Ninfa Mares, Chief Judge $77,985.00 Larry Reed, Judge $64,831.00 Sharon Newman-Stanfield, Judge $64,831.00 J. Daniel Rodgers, Judge $64,831.00 Jennifer S. Rymell, Judge $64,831.00 2. Designate Judge Steven C. Williamson as Deputy Chief Judge effective October 23, 1999 with a salary set at $69,866.00. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Municipal Court The Municipal Court Advisory Committee recommended that Grady Advisory Anderson receive a seven percent salary increase effective October 9, Committee 1999. Council Member Davis made a motion, seconded by Council Recommendation Member Silcox, that the recommendation be adopted. The motion No. 61 carried unanimously. Council Member Lane commended Chief Judge Mares, Elsa Paniagua, the Marshals, the judges and staff for statewide recognition that Municipal Court was receiving. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 3of16 OCS-1097 There was presented Mayor and Council Communication No. OCS-1097 Claims 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-1098 There was presented Mayor and Council Communication No. OCS-1098 Res. # 2584 from the Office of the City Secretary recommending that the City Zoning Hearing Council adopt Resolution No. 2584 setting the regular Zoning Hearing for November 9, 1999. On motion of Council Member Davis, seconded by Council Member Silcox, the recommendation was adopted unanimously. G-12686 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-12686, Ordinance granting a franchise to One Week Millennium Telecom, L.L.C. for use of public rights-of-way for the purpose of constructing, maintaining and operating a cable television system and related franchise agreement, be continued for one week. Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before City Council Presentations regarding several incidents that occurred over the past year with Riley Cantrell various City Departments. G-12699 There was presented Mayor and Council Communication No. G-12699 Res. # 2585 from the City Manager recommending that the City Council adopt Increase Legal Resolution No. 2585 increasing to $130,000.00 the maximum amount to Fees to Cantey & be paid to Cantey & Hanger as outside counsel to represent former Hanger Public Events Director B. Don Magness in the case of Elizabeth "Jay" Seymour. Pamela Denise Wright and Patricia Hale v. B. Don Magness and the City of Fort Worth, Cause No. 352-174866-98. It was the consensus of the City Council that the recommendation be adopted. G-12700 There was presented Mayor and Council Communication No. G-12700 Amend from the City Manager recommending that the City Council amend the Requirements of Community Facilities Agreement Policy relating to the installation and Community maintenance of street lights to require developers to share in the cost Facilities of street light installation and maintenance when the service is provided Agreement Policy by Tri-County Electric Cooperative, Inc. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 4 of 16 G-12701 There was presented Mayor and Council Communication No. G-12701 Grant for from the City Manager recommending that the City Council authorize Municipal the City Manager to accept an Office of Justice Programs Grant in the Agency Domestic amount of $100,000.00 for procuring equipment to aid in the response Preparedness to a Weapons of Mass Destruction/Terrorist incident. It was the Program/ consensus of the City Council that the recommendation be adopted. Equipment Support Program G-12702 There was presented Mayor and Council Communication No. G-12702 Res. # 2586 from the City Manager recommending that the City Council approve Accept Waste Resolution No. 2586 accepting the study entitled "Household Paint Recycling Hazardous Waste Paint Recycling and Disposal Alternatives" prepared and Disposal by the IT Group/Emcon. It was the consensus of the City Council that Study the recommendation be adopted. G-12703 There was presented Mayor and Council Communication No. G-12703 Continue from the City Manager recommending that the City Council authorize Participation in the City Manager: USGS Water Quality Data 1. Authorize the City Manager to execute a Joint Funding Agreement Gathering for water resources investigations with the U.S. Department of Interior Geological Survey (USGS); and 2. Authorize the payment of the City's share of the cost in the amount of$36,660.00 for 1999-2000 USGS monitoring and monitors. It was the consensus of the City Council that the recommendation be adopted. G-12704 There was presented Mayor and Council Communication No. G-12704 Naming of the from the City Manager recommending that the City Council authorize Grand Hall at the the Fort Worth Public Library Foundation to name the new Grand Hall at Central Library the Fort Worth Central Public Library, the "Betsy R. Pepper Hall of Knowledge". Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 5of16 G-12705 There was presented Mayor and Council Communication No. G-12705 Naming of the from the City Manager recommending that the City Council authorize New Theater in the Fort Worth Public Library Foundation to name the new theater in the the Youth Center Youth Center at the Fort Worth Central Public Library the "Discovery at the Central Theater". On motion of Council Member Davis, seconded by Mayor Pro Library tempore McCloud, the recommendation was adopted unanimously. P-8940 There was presented Mayor and Council Communication No. P-8940 Purchase from the City Manager recommending that the City Council authorize: Agreement for Laboratory 1. A purchase agreement with Talem, Inc. for laboratory analytical Analytical services for the Water Department based on the overall low bid of Services unit price, with shipping cost included to receiving point and payment due 14 days from date of invoice; and 2. This agreement to begin October 6, 1999, and expire October 5, 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-8941 There was presented Mayor and Council Communication No. P-8941 Purchase from the City Manager recommending that the City Council authorize: Agreement for Mats, Dust Mops, 1. A purchase agreement with Star Uniforms and Unifirst Corporation Towels and to provide mats, dust mops, towels and fender covers for the City of Fender Covers Fort Worth based on low bid; and 2. This agreement to begin October 19, 1999, and expire October 18, 2000, with options to renew for two additional years. It was the consensus of the City Council that the recommendation be adopted. P-8942 There was presented Mayor and Council Communication No. P-8942 Purchase from the City Manager recommending that the City Council authorize: Agreement to Provide 1. A purchase agreement for continuation services with Baker & Taylor, Continuation Inc. for the Fort Worth Public Library based on low bid considering Services discounts, percent of items not discounted and service charges, with payment due 30 days after receipt of invoice and shipping cost excluded in unit prices; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 6of16 2. This agreement to begin November 1, 1999, and expire October 31, 2000, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8943 There was presented Mayor and Council Communication No. P-8943 Purchase of from the City Manager recommending that the City Council authorize Truck Bodies the purchase of the following truck bodies from the Institutional Division of the Texas Department of Criminal Justice (TDCJ) for the City Services Department based on an exemption from Texas' competitive bid statutes and the quotes received: a. Four 10-yard dump bodies, installed and painted white, for $9,118.98 each; and b. Two 10-yard dump bodies, installed and painted blue, with light bars and Monroe spreaders for $14,430.58 each; and c. One six-yard dump body, installed and painted to match the City's truck receiving this body, with a light bar and a tarp system for $7,200.48; and d. One 2000-gallon stainless steel water tank body, installed, with a spray bar for $8,854.98. Payment for these truck bodies will be due within 30 days of the date of invoice. Freight terms will require title to be transferred to the City of Fort Worth at the shipping point and transportation responsibility will be borne by the City. It was the consensus of the City Council that the recommendation be adopted. P-8944 There was presented Mayor and Council Communication No. P-8944 Purchase from the City Manager recommending that the City Council authorize: Agreement for Maintenance of 1. A purchase agreement for existing maintenance for the Dictaphone Dictaphone logging recorders for the Police and Fire Departments with Logging Dictaphone Corporation, A Pitney Bowes Company, at a cost not to Recorders exceed $64,183.70 based on the documented sole source; and 2. This agreement to begin October 19, 1999, and end October 18, 2000 with the option 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 OCTOBER 19, 1999 PAGE 7 of 16 P-8945 There was presented Mayor and Council Communication No. P-8945 Purchase of from the City Manager recommending that the City Council authorize DataEX the purchase of a DataEX Compatible Interactive Voice Response (IVR) Compatible system for the Development Department from Selectron, Inc. on the Interactive Voice basis of sole source, for an amount not to exceed $62,600.00, with final Response payment due 30 days from invoice date, freight prepaid and added to System the invoice. It was the consensus of the City Council that the recommendation be adopted. L-12640 There was presented Mayor and Council Communication No. L-12640 Acquisition of from the City Manager recommending that the City Council approve the Permanent acquisition of three permanent drainage easements described as Lot Easements 4R, Block 19, Ridglea Country Club Estates, from Joseph Raul and Colette Stevens; and Part of Tract A-2; Ridglea Country Club Estates, from Ridglea Country Club, for a total cost of $3.00 for erosion control improvements at Ridglea Country Club Drive Bridge over Mary's Creek. It was the consensus of the City Council that the recommendation be adopted. L-12641 There was presented Mayor and Council Communication No. L-12641 Acquisition of from the City Manager recommending that the City Council approve the Permanent acquisition of one permanent sanitary sewer easement located in west Sanitary Sewer Fort Worth, South of the Roaring Springs Road and State Highway No. Easement 183 intersection in the Ridgmar area and described as Tract 4G, Abstract No. 319, Connelly Survey, from TXU Electric Company, required for the sanitary sewer rehabilitation and sewer improvement of sanitary sewer 207R drainage area, Part 2 (DOE 1557) for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12642 There was presented Mayor and Council Communication No. L-12642 Acquisition of from the City Manager recommending that the City Council approve the Pipeline License acquisition of one pipeline license from Burlington Northern and Santa Fe Railroad Company at .Milepost 340.6, Fort Worth, Tarrant County, Texas, for Main 195AR drainage area, sanitary sewer system rehabilitation and improvements, Group 7, Contract 4, Part 2 (DOE 2493), for a one-time acquisition cost of $2,500.00 plus a $1,000.00 charge for participation in a licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing concerning a partial street name change from Crooked Stick Drive to Sanctuary Lane. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 8of16 Mr. Kevin Lasher, representing the Development Department, presented a staff report and called attention of the Council to Mayor and Council Communication No. PZ-2150, as follows: PZ-2150 There was presented Mayor and Council Communication No. PZ-2150 Ord. # 13973 from the City Manager recommending that the City Council adopt Partial Street Ordinance No. 13973 changing a portion of "Crooked Stick Drive" to Name Change Sanctuary Lane". There being no one else present desiring to be heard in connection with the street name change of a portion of Crooked Stick Drive to Sanctuary Lane, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. PZ-2150 be approved. The motion carried unanimously. C-17690 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-17690, Amendment to Tax Abatement Agreement One Week with Coltec Industries, Inc. (Menasco Aerosystems) be continued for one week. C-17693 There was presented Mayor and Council Communication No. C-17693 Community from the City Manager recommending that the City Council authorize Facilities the City Manager to execute a Community Facilities Agreement with Agreement with West.Com.lnvestments, L.P. for the installation of community facilities West.Com. for Fossil Hill Estates, Phase I. Investments, L.P. Council Member Haskin informed Council that she did not agree with the current policy relative to Community Facilities and stated that she would not support this Mayor and Council Communication. Council Member Picht made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Moss, Picht and Wentworth NOES: Council Members Silcox, Haskin and Davis ABSENT: None C-17694 There was presented Mayor and Council Communication No. C-17694 Burlington from the City Manager recommending that the City Council authorize Northern Santa the City Manager to execute an agreement with the Burlington Northern Fe Railway Company OR CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 9 of 16 Santa Fe Railway Company for installation of concrete surface crossings on Seminary Drive, Sycamore School Road and Biddison Street at a cost to the City not to exceed $67,500.00. It was the consensus of the City Council that the recommendation be adopted. C-17695 There was presented Mayor and Council Communication No. C-17695 Quorum from the City Manager recommending that the City Council authorize Architects, Inc. the City Manager to execute an agreement with Quorum Architects, Inc. for a fixed fee of $142,780.00 for programming, design and construction administration of the Eugene McCray Community Center. It was the consensus of the City Council that the recommendation be adopted. C-17696 There was presented Mayor and Council Communication No. C-17696 Infinity from the City Manager recommending that the City Council authorize Contractors, Inc. the City Manager to execute a contract with Infinity Contractors, Inc. in the amount of $29,925.00 for installing a ventilation system in the Property Room at the Police Administration Building. It was the consensus of the City Council that the recommendation be adopted. C-17697 There was presented Mayor and Council Communication No. C-17697 Southern from the City Manager recommending that the City Council authorize Paradise the City Manager to execute a contract with Southern Paradise Construction Construction Company in the amount of $117,104.00 for Mains 19 and Company 258 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 1) Part 8, Unit 5. It was the consensus of the City Council that the recommendation be adopted. C-17698 There was presented Mayor and Council Communication No. C-17698 Change Order from the City Manager recommending that the City Council authorize No. 2—CSC No. the City Manager to execute Change Order No. 2 to City Secretary 24545 with Contract No. 24545 with Dunnick Brothers, Inc., in the amount of Dunnick $21,832.06 to provide for necessary additional materials for Phase II Brothers, Inc. construction of Taxiway Alpha and related storm drain and electrical work at Fort Worth Meacham International Airport, thereby increasing the contract amount to $3,418,836.99. It was the consensus of the City Council that the recommendation be adopted. C-17699 There was presented Mayor and Council Communication No. C-17699 Stocker from the City Manager recommending that the City Council authorize Enterprises, Inc. the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of $615,360.00 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1) Part 2, Unit 4. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING G FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 10 of 16 C-17700 There was presented Mayor and Council Communication No. C-17700 B & H Utilities, from the City Manager recommending that the City Council authorize Inc. the City Manager to execute a contract with B & H Utilities, Inc. in the amount of $524,072.00 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1) Part 18, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17701 There was presented Mayor and Council Communication No. C-17701 Ord. # 13974 from the City Manager recommending that the City Council: Kebo Services, Inc. 1. Authorize the transfer of $959,040.75 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Ordinance No. 13974 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $959,040.75 from available funds for the purpose of funding a contract with Kebo Services, Inc., for Sanitary Sewer Rehabilitation in the Main 7,Drainage Area, Unit 1; and 3. Authorize the City Manager to execute a contract with Kebo Services, Inc. in the amount of $871,040.75 for Sanitary Sewer Rehabilitation in the Main 7 Drainage Area, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17702 There was presented Mayor and Council Communication No. C-17702 Amend CSC No. from the City Manager recommending that the City Council authorize 24784 with the City Manager to execute an amendment to City Secretary Contract Freese & Nichols, No. 24784 with Freese & Nichols, Inc. in the amount of $167,300.00 Inc. revising the contract amount to $324,900.00 for design of the City of Fort Worth 36-inch waterline from Fossil Hill Estates to Harmon Road. It was the consensus of the City Council that the recommendation be adopted. C-17703 There was presented Mayor and Council Communication No. C-17703 Texas-Sterling from the City Manager recommending that the City Council authorize Construction Inc. the City Manager to execute a contract with Texas-Sterling Construction, Inc. in the amount of $1,371,921.00 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1) Part 2, Unit 1. It was the consensus of the City Council that the recommendation be adopted. qITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 11 of 16 C-17704 There was presented Mayor and Council Communication No. C-17704 Approval of from the City Manager recommending that the City Council authorize Changes in Joint the City Manager to execute a document approving the following Venture that changes in the joint venture that collects delinquent taxes and other Collects Taxes revenues for the City under City Secretary Contract Nos. 20820 and and Other 23950: Revenues for the City 1. G. Lewis & T. Lewis, PC, is withdrawing from the joint venture and is being replaced by Gwinda L. Burns; and 2. The name of the joint venture is being changed from Perdue, McLean, Flores, Utt and Lewis, Joint Venture, to Perdue, Brackett, Flores, Utt & Burns, Joint Venture. It was the consensus of the City Council that the recommendation be adopted. C-17705 There was presented Mayor and Council Communication No. C-17705 Southland from the City Manager recommending that the City Council authorize Contracting, Inc. the City Manager to execute a contract with Southland Contracting, Inc. in the amount of $2,768,181.74 for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1) Part 2, Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-17706 There was presented Mayor and Council Communication No. C-17706 Ord. # 13975 from the City Manager recommending that the City Council: Amend CSC No. 24351 with J.B. 1. Authorize the transfer of $19,311.64 from the Water and Sewer Davies, Inc. Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 13975 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $19,311.64 from available funds for the purpose of funding Amendment No. 1 to the Engineering Agreement with J. B. Davies, Inc. for pavement reconstruction and water and sanitary sewer replacements on Lipscomb Street (Magnolia to Ingram); Lipscomb Street (Hawthorne to Jessamine); West Cantey Street (5th to College); West Lowden Street (Adams to Hemphill) and South Adams Street (West Jessamine to Elizabeth); and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 12 of 16 3. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 24351 with J.B. Davies, Inc. in the amount of $49,597.35 to provide for additional survey and design services, thereby increasing the contract amount to $139,005.16. It was the consensus of the City Council that the recommendation be adopted. CA 7707 There was presented Mayor and Council Communication No. C-17707 Environmental from the City Manager recommending that the City Council: Light Recyclers, Inc. 1. Approve the transfer of $23,746.00 from the Undesignated Division of the Environmental Management Operating Fund to the Light and Ballast Recycling Project within the Environmental Management Project Fund; and 2. Authorize the City Manager to enter into a contract with Environmental Light Recyclers, Inc., for light bulbs and fluorescent light ballast recycling at a total cost not to exceed $23,746.00. This agreement will begin November 1, 1999, and end October 31, 2000, with two successive one-year terms at the City's option. It was the consensus of the City Council that the recommendation be adopted. CA 7708 There was presented Mayor and Council Communication No. C-17708 Amend Interlocal from the City Manager recommending that the City Council approve an Agreement with amendment to the interlocal agreement with the North Central Texas NCTCOG Council of Governments (NCTCOG) for Fiscal Year 1999-2000 administrative support and storm water monitoring assistance as part of the regional storm water management program in the amount of $73,563.00. It was the consensus of the City Council that the recommendation be adopted. CA 7709 There was presented Mayor and Council Communication No. C-17709 Backflow from the City Manager recommending that the City Council authorize Management, Inc. the City Manager to enter into a professional services contract with Backflow Management, Inc. (BMI) for an amount not to exceed $14,000.00 for technical assistance in updating and streamlining City ordinances, standard operating procedures, and public education materials relating to backflow regulations. It was the consensus of the City Council that the recommendation be adopted. ITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 13 of 16 C-17710 There was presented Mayor and Council Communication No. C-17710 Change Order from the City Manager recommending that the City Council authorize No. 3 — CSC No. the City Manager to execute Change Order No. 3 to City Secretary 24226 — Danis Contract No. 24226 with Danis Environmental Industries, Inc. for the Environmental Eagle Mountain Water Treatment Plant (EMWTP), Phase II project, in the Industries amount of $37,570.00, revising the total contract cost to $22,544,605.00. It was the consensus of the City Council that the recommendation be adopted. C-17711 There was presented Mayor and Council Communication No. C-17711 A-Agape Painting from the City Manager recommending that the City Council authorize the City Manager to execute a contract with A-Agape Painting in the amount of $23,808.00 and 30 working days for repair and repainting of the pedestrian rail on the 7th Street bridge across the Clear Fork of the Trinity River. On motion of Council Member Davis, seconded by Council Member Silcox, the recommendation was adopted unanimously. C-17712 There was presented Mayor and Council Communication No. C-17712 Mobile from the City Manager recommending that the City Council confirm an Enterprises, Inc. emergency procurement contract with Mobile Enterprises, Inc. for the repair of a portion of the 7th Street bridge over the Trinity River, based upon a low bid of $41,678.00, and additional work in the amount of $16,359.00 for a total of $58,037.00. On motion of Council Member Davis, seconded by Council Member Silcox, the recommendation was adopted unanimously. C-17713 There was presented Mayor and Council Communication No. C-17713 Ord. # 13976 from the City Manager recommending that the City Council: American Audio and Visual, Inc. 1. Authorize the transfer of $70,300.00 from the Insurance Fund and Sowden and (Property and Casualty) to the portion of the 1998 Capital Associates Improvements Program designated for renovation of the Cowtown Coliseum; and 2. Adopt Appropriation Ordinance No. 13976 increasing the estimated receipts and appropriations in the 1998 Capital Improvements Program in the amount of $70,300.00 from available funds for the purpose of funding a contract with American Audio and Visual Inc., for the installation of an acoustical system in the Cowtown Coliseum and award of design agreement with Sowden and Associates for the design of a replacement system; and 3. Authorize the City Manager to execute a construction contract with American Audio and Visual, Inc. for the installation of an acoustical system in the Cowtown Coliseum in the amount of $76,643.00 to be completed in 60 calendar days; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 14 of 16 4. Authorize the City Manager to execute a design contract with the acoustical engineer, Sowden and Associates, for $6,500.00, plus up to $250.00 in expenses, for the design of a replacement acoustical system for the Cowtown Coliseum. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the second Hearing public hearing for annexation of 251.30 acres of land in the Guadalupe Guadalupe Cardinas Survey, Abstract No. 214, and the Charles Tydings Survey, Cardinas Survey Abstract No. 1276, Denton County, Texas. Mayor Barr asked if there and Charles was anyone present desiring to be heard. Tydings Survey Mr. Kevin Lasher, representing the Development Department, appeared before the City Council and presented a staff report and advised Council that upon the conclusion of this hearing staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of November 9, 1999. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 251.30 acres of land in the Guadalupe Cardinas Survey, Abstract No. 214, and the Charles Tydings Survey, Abstract No. 1276, Denton County, Texas, Council Member Lane made a motion, seconded by Council Member Wentworth, that the second public hearing be closed and directed staff to institute annexation proceedings. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Moss, Picht, Wentworth and Davis NOES: Mayor Pro tempore McCloud and Council Member Haskin ABSENT: None Zoning Hearing It appeared that the City Zoning Commission, at its meeting of October 13, 1999, set today as the date for the hearing of Fort Worth Transportation Authority, for a change in zoning of property located in the 14500 Block of Statler Blvd. from "C" Multi-Family to "FR" Restricted Commercial, Zoning Docket No. Z-99-124. Mayor Barr asked if there was anyone present desiring to be heard. %CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 15 of 16 Nancy Amos Mrs. Nancy Amos, representing the Transportation Authority, appeared before the City Council and clarified questions regarding the Authority's intention to landscape the area. There being no one present desiring to be heard, Council Member Moss made a motion, seconded by Council Member Silcox, that the application of Fort Worth Transportation Authority for a change in zoning of property located in the 14500 Block of Statler Blvd. from "C" Multi-Family to "FR" Restricted Commercial, Zoning Docket No. Z-99- 124, be approved; that the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 13977 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. Executive It was the consensus of the City Council that the Council meet in closed Session session at 11:22 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, Causes Nos. 99- 60008 and 99-60239 CITY COUNCIL MEETING awl FORT WORTH, TEXAS OCTOBER 19, 1999 PAGE 16 of 16 d) City of Fort Worth v. Julius D. Zimlich, Case No. 98-1014 e) Legal issues concerning open records request of F. G. Tiede as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:40 p.m. Adjournment There being no further business, the meeting was adjourned at 12:40 p.m. �LLLA.-� CITY S RETARY MAYOR