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HomeMy WebLinkAbout1998/04/07-Minutes-City Council CITY COUNCIL MEETING APRIL 7, 1998 Date & Time On the 7th day of April,A.D., 1998,the City Council of the City of Fort Worth, Texas, met in regular session, at Ridglea Hills Elementary School Auditorium at 7:10 p.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Eugene McCray; Council Members Jim Lane, Chuck Silcox, Becky Haskin,Jeff Wentworth,Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; Assistant City Secretary Gloria Pearson. Council Member Clyde Picht was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Richard Winkelmann, Faith Lutheran Church. Pledge The Pledge of Allegiance was recited. Mayor Barr informed the listening audience that the City Council meeting tonight was held in the auditorium of the Ridglea Hills Elementary School, and expressed appreciation to the Fort Worth Independent School District and to the Principal, Penny Williams, for allowing the Council to meet in the school. Council Member Silcox expressed appreciation to the audience for attending the meeting. Minutes On motion of Mayor Pro tempore McCray,seconded by Council Member Haskin, the minutes of the regular meeting of March 31, 1998, were approved unanimously. Special Ms. Shirley Perry presented Mayor Barr with a copy Presentation of her Poem "Fort Worth, I Love You". CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 2 A proclamation for Community Development Block Grant Week was presented to Susan Prescott. Council Member Picht assumed his chair at the Council table at this time. Announcements Council Member Lane expressed appreciation to City Manager Terrell and staff who worked so hard to make sure that the second year of racing at Texas Motor Speedway was a success. He also gave special recognition to Chief Windham,Chief McMillen,and the police officers and firefighters who made sure that the traffic situation of the previous year was alleviated. Council Member Picht expressed his appreciation to Code Compliance, Police, and the County Auto Theft Department. Consent Agenda On motion of Council Member Lane, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. OCS-973 There was presented Mayor and Council Claims Communication No. OCS-973 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-12176 There was presented Mayor and Council Payment to Communication No. G-12176 from the City Manager Haynes and Boone recommending that the City Council confirm the engagement of Haynes and Boone to represent Police Sergeant Nancy Blankenship in the lawsuit of A. J. Singleton v. the City of Fort Worth, Texas, et al., CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 3 Cause No. 17-165206-96, and authorize the City Manager to pay reasonable attorney's fees not to exceed $35,000.00. It was the consensus of the City the recommendation be adopted. G-12177 There was presented Mayor and Council Repayment Communication No. G-12177 from the City Manager of Fuel Tax recommending that the City Council authorize Refunds payment in the amount of$135,934.30 to the Texas Comptroller of Public Accounts for repayment of fuel tax refunds. G-12178 There was presented Mayor and Council Temporary Communication No. G-12178 from the City Manager Street Closure recommending that the City Council approve the for Mastercard request of Colonial Country Club to temporarily Colonial Golf close the 3700 block of Country Club Circle; the Tournament 3700, 3800, and 3900 blocks of Mockingbird Lane; and Cantey Street between Highview Terrace West and the T.C.U. parking lot from May 18, through May 24, 1998. It was the consensus of the City Council that the recommendation be adopted. G-12179 There was presented Mayor and Council Ord. # 13413 Communication No.G-12179 from the City Manager Notice of recommending that the City Council adopt Intention to Ordinance No. 13413 directing publication of Notice Issue Water & of Intention to Issue Water and Sewer System Sewer System Subordinate Lien Revenue Bonds, and ordaining Subordinate other matters relating to the subject. It was the Lien Revenue consensus of the City Council that the Bonds, Series 1998 recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 4 G-12180 There was presented Mayor and Council Revisions to Communication No.G-12180 from the City Manager Park Reservations, recommending that the City Council authorize Fees & Policies adjustment in fees for reserving parks, festival equipment and the Bradley Center; establishment of fees for use of park amenities; and implementation of the recommended fee adjustments effective October 1, 1998. It was the consensus of the City Council that the recommendation be adopted. G-12181 There was presented Mayor and Council Setting Public Communication No. G-12181 from the City Manager Hearing Date recommending that the City Council: for Proposed Investment Zone 1. Set Tuesday, April 21, 1998, at 10:00 a.m., as Twenty-Nine the date and time for a public hearing before City Council concerning: (a) the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone Number 29 for tax abatement purposes, and (b) the boundaries of the proposed zone, and 2. Authorize the City Manager to give notice of the public hearing as required by state law. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-12182 There was presented Mayor and Council Acceptance of Communication No.G-12182 from the City Manager Land Donation recommending that the City Council accept the from Marc B. donation of a 3.227 acre tract of land in the White Smith, Jr. Lake Hills neighborhood to be used as a neighborhood park, and approve the name of the CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 5 park to be Smith-Wilemon Park. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted unanimously with appreciation. G-12183 There was presented Mayor and Council Res. # 2391 Communication No. G-12183 from the City Manager Collection of recommending that the City Council adopt Liquidated Resolution No. 2391 that finds the following: Damages from Marcus Cable 1. That Marcus Cable failed to comply with the Federal Communication Commission (FCC) customer service standards outlined in Section 4(a)(vi) of the Transfer Acceptance Agreement between Marcus Cable and the City of Fort Worth, during the Third Quarter 1997, and 2. That Marcus Cable failed to comply with the FCC customer service standards outlined in Section 4(a)(vi) of the Transfer Acceptance Agreement between Marcus Cable and the City of Fort Worth, during Fourth Quarter 1997, and further find that this non- compliance constitutes a second quarter in which customer service standards were violated, and 3. That under terms of the Transfer Acceptance Agreement,Marcus is required to pay the City $5,000.00 in liquidated damages for non- compliance with FCC minimum customer service standards during Fourth Quarter 1997. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 6 Council Member Silcox advised Council that he filed a conflict of interest affidavit on Mayor and Council Communication No. G-12183 involving Marcus Cable. Andrew Swartzfager Mr. Andrew Swartzfager, 3613 Pershing Avenue, appeared before the City Council and requested favorable consideration for Mayor and Council Communication No. G-12183. He advised Council that the proposed fine should be higher based on the poor quality of service that he and the citizens of Fort Worth have received. Mayor Barr advised Mr. Swartzfager that the City would attempt to review the issues relative to the quality of service, billing systems and resolution of problems with the new owner. Council Member McCloud made a motion,seconded by Council Member Lane, that Mayor and Council Communication No. G-12183 be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Haskin, Picht, Wentworth, McCloud, and Hirt NOES: None ABSENT: None NOT VOTING: Council Member Silcox CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 7 P-8573 There was presented Mayor and Council Ord. #13414 Communication No. P-8573 from the City Manager Amend M&C's recommending that the City Council: P-83669 P-84149 Commercial 1. Authorize the transfer of$36,265.15 from the General Liability General Fund to the Insurance Fund, and Insurance 2. Adopt Appropriation Ordinance No. 13414 increasing the estimated receipts and appropriations in the Insurance Fund in the amount of$36,265.15 from available funds for the purpose of funding an increase in insurance premiums for property, boiler and machinery, and liquor liability for the Fort Worth Convention Center, and 3. Authorize the City Manager to amend M&C Nos. P-8366, and P-8413 to purchase insurance coverage for the Fort Worth/Tarrant County Convention Center (FW/TCCC). It was the consensus of the City Council that the recommendation be adopted. P-8574 There was presented Mayor and Council Purchase Communication No. P-8574 from the City Manager Agreement recommending that the City Council authorize a with Vulcan purchase agreement with Vulcan Materials Materials Company for asphaltic patching material for the Company Transportation and Public Works Department based on low bid of $50.64 per ton, f.o.b. destination, freight no charge and payment terms net 30 days, with agreement to begin April 15, 1998, and expire CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 8 April 14, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8575 There was presented Mayor and Council Purchase Communication No. P-8575 from the City Manager Agreement recommending that the City Council authorize an with Hi-Tech annual purchase agreement for the Transportation Signals, Inc. and Public Works Department with Hi-Tech Signals, Inc. for the purchase of vehicle detector loop sealant based on the lowest responsible bid received, with payment terms net 30 days,fo.b.destination,freight prepaid and allowed, and with agreement to begin April 1, 1998, and expire March 31, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8576 There was presented Mayor and Council Amend M&C Communication No. P-8576 from the City Manager P-7698 - Computers recommending that the City Council amend M&C Parts & Equipment P-7698 for additional authorization to purchase computers, parts, peripheral equipment, software and services for the Information Systems and Services Department from the State of Texas Catalog purchasing procedure, for an additional $390009000.00. It was the consensus of the City Council that the recommendation be adopted. L-12225 There was presented Mayor and Council Underground Communication No. L-12225 from the City Manager Public Water recommending that the City Council accept three Easements underground public water easement agreements, Ark CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 9 described as being part of M.E.P. & P.R.R. Co., Survey, Abstract No. 906 and M. Perry Survey, Abstract No. 1022,Denton County, Texas for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-12226 There was presented Mayor and Council Sale of Communication No.L-12226 from the City Manager City-owned recommending that the City Council: Surplus Commercial 1. Approve the sale of the surplus City-owned Property properties, and 2. Authorize the City Manager to execute the appropriate deeds, conveying the property to the highest qualified bidder for each property, and 3. Authorize Real Property Management and the Department of Transportation and Public Works to release existing labor liens and paving liens filed by the City of Fort Worth on each property, so that the property may be conveyed free of encumbrances from the City, and 4. Authorize the Revenue Office to prorate labor and paving charges attributable to the properties, and 5. Authorize Real Property Management to request the Tarrant County Tax Office to proportionately reduce the delinquent property taxes to the purchase amount tendered by the bidders (less costs, City labor and paving liens and management fee) on the properties. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 7, 1998 PAGE 10 It was the consensus of the City Council that the recommendation be adopted. L-12227 There was presented Mayor and Council Acquisition of Communication No.L-12227 from the City Manager Four Permanent recommending that the City Council approve the Sanitary Sewer acquisition of four permanent sanitary sewer Easements easements, described as being part of Lots 12, 13, 14 and 15,Belmont Gardens Addition,Tarrant County, Texas at a cost of $24,750.00, plus damages of $71,500.00, for a total cost of$96,250.00. It was the consensus of the City Council that the recommendation be adopted. L-12228 There was presented Mayor and Council Acquisition of Communication No.L-12228 from the City Manager The James E. recommending that the City Council approve the Guinn School purchase of Block 4, Lots 111, 211 and 311, Simon Property Addition from the Fort Worth Independent School District (FWISD) for $10.00. On motion of Council Member McCloud, seconded by Council Member Silcox, the recommendation was adopted unanimously. C-16716 There was presented Mayor and Council Contract with Communication No. C-16716 from the City Manager FWISD for recommending that the City Council authorize the Educational City Manager to execute a contract with the Fort Programming Worth Independent School District(FWISD), not to for Cable exceed $10,000.00 annually, to provide educational Channel 50 programming for cable channel 50. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 11 C-16717 There was presented Mayor and Council Change Order Communication No. C-16717 from the City Manager No. 1 - Fortuna recommending that the City Council authorize the General Services, Inc. City Manager to execute Change Order No. 1 to City Secretary Contract No.23280 with Fortuna General Services, Inc., in the amount of $102,467.27 to provide additional construction items, thereby increasing the contract amount to $963,173.77. It was the consensus of the City Council that the recommendation be adopted. C-16718 There was presented Mayor and Council Engineering Communication No. C-16718 from the City Manager Agreement recommending that the City Council authorize the with Wier & City Manager to execute an engineering agreement Associates, Inc. with Wier & Associates, Inc., for a fee not to exceed $70,124.03 for Mains M-204, 205 and 259 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 4), Part 5. It was the consensus of the City Council that the recommendation be adopted. C-16719 There was presented Mayor and Council Amendment Communication No. C-16719 from the City Manager to Inter-Local recommending that the City Council approve an Agreement with amendment to the inter-local agreement, City North Central Secretary Contract No. 20030, with the North Texas Council Central Texas Council of Governments (NCTCOG) of Governments for Fiscal Year 1997-98 administrative support and storm water monitoring assistance as part of the regional storm water management program in the amount of $45,509.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 7, 1998 PAGE 12 C-16720 There was presented Mayor and Council Ord. # 13415 Communication No. C-16720 from the City Manager Larry H. recommending that the City Council: Jackson Construction, Inc. 1. Authorize the transfer of$793,832.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $470,372.00 and Sewer Capital Project Fund in the amount of$323,460.00, and 2. Adopt Appropriation Ordinance No. 13415 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$470,372.00 and in the Sewer Capital Projects Fund in the amount of $323,460.00 from available funds for the purpose of funding a contract with Larry H. Jackson Construction,Inc.,for reconstruction of Ryan Avenue,6th Avenue and Construction of Water and Sanitary Sewer Rehabilitation Contract"MM" in Bonnie Brae Avenue,Ryan Avenue, Marfa Avenue, Cameron Street, and 6th Avenue, and 3. Authorize the City Manager to execute a contract with Larry H.Jackson Construction, Inc., in the amount of $1,069,148.00 for reconstruction of Ryan Avenue, 6th Avenue and construction of water and sanitary sewer rehabilitation Contract"MM" in Bonnie Brae Avenue, Ryan Avenue, Marfa Avenue, Cameron Street and 6th Avenue. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 13 C-16721 There was presented Mayor and Council Renew Contract Communication No. C-16722 from the City Manager with United recommending that the City Council authorize the Systems of City Manager to renew the current contract with Arkansas, Inc. United Systems of Arkansas, Inc. at a cost of $20,175.00,with the contract to begin April 1, 1998, and continue until March 31, 1999; and the City Manager to advance payment of postage into a deposit account, as required by the United States Postal Service and payment of certified mailer service fee by invoice receipt. It was the consensus of the City Council that the recommendation be adopted. C-16722 There was presented Mayor and Council Rescission of Communication No. C-16722 from the City Manager Award of recommending that the City Council rescind the Contract to award of contract to Henderson Construction Henderson L.L.P., for Unit 1: 8-inch water main and 8-inch Construction, L.L.P. sanitary sewer main replacement in Monmouth Drive (Brandon Lane to Slade Boulevard) and Valencia Court(Monmouth Drive to Dead-End)and award the contract to Fortuna General Services, Inc. in the amount of$193,777.87. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted unanimously. C-16723 There was presented Mayor and Council Community Communication No. C-16723 from the City Manager Facilities recommending that the City Council authorize the Agreement City Manager to execute a Community Facilities with Dirk Agreement with Dirk Branch, L.P., for the Branch, L.P. installation of community facilities for Park CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 7, 1998 PAGE 14 Palisades Addition, Blocks 25-27. On motion of Council Member McCloud, seconded by Council Member Lane the recommendation was adopted unanimously. First It appeared to the City Council that the City Council Public on March 24, 1998, approved the annexation Hearing timetable for the annexation of 148.377 acres of land Annexation out of the Allen Henderson Survey, Abstract No. A-98-001 596, the P.K. Matthews Survey, Abstract No. 865, Allen Henderson the G. Shamblin Survey, Abstract No. 1101, and the Survey, Abstract T.J.Bates Survey,Abstract No.206,Denton County, No. 596 Texas, setting today as the date for the first public 148.377 Acres hearing. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Kevin Lasher, representing the Development Department, appeared before the City Council and presented a staff report and advised Council that the hearing be closed and that staff be directed to institute annexation proceedings, setting the second public hearing for April 21, 1998. There being no one else present desiring to be heard in connection with the first public hearing for annexation 148.377 acres of land out of the Allen Henderson Survey, Abstract No. 596, the P.K. Matthews Survey,Abstract No. 865,the G. Shamblin Survey,Abstract No. 1101 and the T.J. Bates Survey, Abstract No. 206,Denton County, Texas, situated at the Northeast Corner of Elizabethtown Cemetery Road and Litsey Road and includes 5,243 linear feet of street right-of-way dedicated for Elizabethtown Cemetery Road that is situated south of Litsey Road, CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 15 Council Member Lane made a motion, seconded by Council Member McCloud, that the first public hearing be closed and directed staff to proceed with the publication notice for second public hearing for the meeting of April 21, 1998. The motion carried unanimously. It appeared to the City Council that they set today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 805 Page. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding 805 Page. Mayor Barr advised Mr. Lipsett that he would have seven minutes to state his case and that following his comments he and Mr. Bounds would each give a three minute rebuttal. Steve Lipsett Mr. Steve Lipsett, 715 Page, appeared before the City Council and advised Council that he had made the requested repairs to the apartment building and that he did obtain a certificate of occupancy. He also informed Council that the fine was unreasonable once he received the Certificate of Occupancy and passed City inspection. Mr. Bounds informed Council that the building was brought completely up to standards on February 17th, however Mr. Lipsett did not comply in a timely manner. Ark Ld CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 16 Rita Ramirez, Jane The following speakers appeared before the City Lomas, Michael Council in support of Mr. Lipsett and the Gonzales, Jeff improvements made regarding 805 Page: Gibbons, Mike McDermot, Sue Rita Ramirez, 2600 Lipscomb St. McLean, Dennis Jane Lomas, 2260 Cockrel Jones, Dava Michael Gonzales, 2336 Lipscomb St. Vilafranca, Clayton Jeff Gibbons, 2337 Mistletoe Avenue Hook, Chris Mike McDermot, 1710 Fairmount Ave. Wilson, and Sue McLean, 1916 6th Avenue Stephen H. Keith Dennis Jones, 1512 Lipscomb Dava Vilafranca, 1714 S. Henderson Clayton Hook, 1201 Thomas Place Chris Wilson, 4100 Toledo Ave. Stephen H. Keith, 4612 Cloudview Rd. Walter Morosky, The following speakers appeared before the City Carol Misfeldt, Council and expressed opposition to the appeal of and Lin McDaniel Mr. Lipsett and requested that the fine be enforced: Walter Morosky, 2517 Ryan Place Dr. Carol Misfeldt, 2412 5th Avenue Lin McDaniel, 6th Avenue There being no one else present desiring to be heard, Council Member Hirt made a motion, seconded by Council Member Silcox, that the fine be abated by half and impose a fine of $5,000.00 for failure to comply with May 19, 1997 order. The motion carried unanimously. It appeared to the City Council that they set today as the date for a public hearing on Mid-Year Appropriation of the Fort Worth Crime Control and Prevention District. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 7, 1998 PAGE 17 Assistant City Manager Libby Watson appeared before the City Council and presented a staff report advising Council that $2.2 million was set aside for the removal of substandard buildings used for criminal activities and that$820,000.00 was to fund an additional Police class. She advised Council that it would be placed on the agenda for April 21 for action. There being no one else present desiring to be heard, Council Member McCloud made a motion, seconded by Council Member Lane, that the public hearing be closed and that this item be place on the agenda of April 21, 1998 for action by Council. The motion carried unanimously. Citizens Presentations Ysidro Campos Mr. Ysidro Campos, 955 Woods Avenue, appeared before the City Council and advised Council of the importance of keeping the Tilt Rotor Assembly at Bell Helicopter in Fort Worth. Assistant City Manager Mike Groomer appeared and advised the Council and the audience of the proposed Request for Proposal that was brought forth and stated that the Spinks site was offered but was declined. He stated that the City would explore every possible avenue to keep the Tilt Rotor Assembly at Bell Helicopter in Fort Worth. Vicki Bargas, Ms. Vicki Bargas,301 E. Drew; Mr. Wayne Cordell, Wayne Cordell, 1407 Mallard Ct., and Mr. Ethan Allen, 5545 Van and Ethan Allen Natta Lane, appeared before the City Council and expressed opposition to the proposed contracts for the operation of City Golf courses' pro shops and the food and beverage concession. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 7, 1998 PAGE 18 Mr. George Kruzick, representing the Parks and Community Services Department, appeared before the City Council and advised Council that the recommendation for the Pros to operate the City golf courses had been discussed at the Facilities and Infrastructure Committee meeting and stated that the Committee met with the contractors and agreed to the terms of the contract. He further advised Council that once the Council approved the M & C, Rockwood and Z-Boaz courses would start June 1, 1998, and the remaining ones would be phased in by October 1, 1998. Scott Fetter and Mr. Scott Fetter, 3913 Clayton Road E., and Mr. Peter Spear Peter J. Spear, 3808 Clayton Road West, appeared before the City Council and expressed appreciation to the Council and especially Council Member Silcox for placing the speed humps on Clayton Road. Mayor Barr expressed appreciation to the staff, to Ms. Williams, faculty and staff of Ridglea Hills Elementary School,Fort Worth Independent School District, Cable staff and to Pat Svacina. Adjournment There being no further business, the meeting was adjourned at 9:28 p.m. ASSISTANT MAYOR CITY SECRETARY