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HomeMy WebLinkAbout1998/07/21-Minutes-City Council CITY COUNCIL MEETING JULY 21, 1998 Date & Time On the 21st day of July, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:20 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Chuck Silcox; Council Members Jim Lane, Becky Haskin, Clyde Picht, Jeff Wentworth, and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Ralph McCloud was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Deacon Joe Milligan, Holy Family Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of July 14, 1998, were approved unanimously. Special Introduction of Harashin Scholar Program & Presentations Soccer Team by Mr. Brad Kimura, Chairman of Nagaoka Committee for Fort Worth Sister Cities International. Announcements Council Member Picht expressed condolences of the entire City Council to the family of Mr. Noel Wesley who served on the City Plan Commission, representing District 6 and also to Council Member Hirt in the loss of her father. Mayor Barr declared a moratorium on wearing ties during the summer session of Council meetings from now through Labor Day. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 2 City Manager Terrell advised Council that a report had been sent regarding the excess heat advisory informing them that an Emergency Operations Center user group was already in place. He stated that there was a Summer Breeze Program for Senior Citizens and advised Council that over 500 fans had been distributed. He also informed Council that Meals on Wheels personnel had distributed over 400 fans. He further advised the listening audience that if they knew of a senior citizen or others who qualified for assistance to call 871-6170 or 922-3000. Withdrawn/Consent City Manager Terrell requested that Mayor and Agenda Council Communication No. L-12289 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Lane, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Res. # 2425 There was presented Resolution No. 2425 Organ Donation & Supporting Organ Donation and Lifegift Organ LifeGift Organ Donation Center as the designated Organ Donation Center Procurement Organization for Tarrant County. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted. OCS-997 There was presented Mayor and Council Liability Communication No. OCS-997 from the Office of the Bonds City Secretary recommending that the City Council approve the liability bonds issued to Rodney Orand dba Orand Construction, and A A Concrete. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 3 OCS-998 There was presented Mayor and Council Claims Communication No. OCS-998 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-999 There was presented Mayor and Council Res. # 2426 Communication No. OCS-999 from the Office of the Zoning City Secretary recommending that the City Council Hearing adopt Resolution No. 2426 setting regular zoning hearing for August 11, 1998. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-12262 Council Member Haskin made a motion seconded Continued until After by Council Member Lane, that consideration of Executive Session Mayor and Council Communication No. G-12262, payment of attorney's Fees to Cantey & Hanger as Legal Counsel to Represent B. Don Magness in the Lawsuit of Elizabeth "Jay" Seymour, Pamela Denise Wright, and Patricia Hale vs. B. Don Magness and The City of Fort Worth; cause No.249-68-98, be continued until after executive session. The motion carried unanimously. Ord. # 13529 There was presented Mayor and Council Construction & Communication No. G-12274 from the City Fire Prevention Manager recommending that the City Council adopt Standards at Ordinance No.13529 approving Dallas/Fort Worth DFW Airport International Airport Board Resolution Nos. 98-06- 148 and 98-07-179 amending the Airport's Construction and Fire Prevention Standards. It was the consensus of the City Council that the recommendation be adopted. G CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 4 G-12275 There was presented Mayor and Council Ord. #13530 Communication No. G-12275 from the City Amending Manager recommending that the City Council adopt Ordinance Ordinance No. 13530 amending Ordinance No. No. 13153 13152 by revising the name of the party granted a License Granted license under such ordinance to use certain streets, to IXC Carrier, Inc. highways and public rights-of-way in the City of Fort Worth; revising the location and number of linear feet permitted for the construction, maintenance, and use of a Long Distance Telecommunications System by IXC Communications Services, Inc., across, over and under certain streets,highways and public rights-of- way of the City of Fort Worth; revising the fee paid to the City of Fort Worth by IXC Communications Services,Inc. of the city streets, highways and public rights-of-way; defining terms; providing for acceptance by IXC Communications Services, Inc. of this ordinance; making this ordinance cumulative of all provisions of ordinances and the Code of the City of Fort Worth (1986), as amended. It was the consensus of the City Council that the recommendation be adopted. G-12276 There was presented Mayor and Council Settlement Communication No. G-12276 from the City of Lawsuit Manager recommending that the City Council: Salvador Villagomez 1. Approve the lawsuit entitled Salvador Villagomez and Anna Villagomez, individually and as next friends of Alejandra Villagomez, a minor, v. John Deangelis and City of Fort Worth, Cause No. 236-164420-96, and 2. Authorize the expenditure of $42,500.00 in order to complete this settlement, and z CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 5 3. Authorize the expenditure of an amount not to exceed $1,500.00 as the City's portion of the attorney ad litem fees, and 4. Authorize the City Attorney to agree to a judgment reflecting the terms of this settlement and authorize the appropriate City personnel to execute any releases and agreements necessary to complete the settlement. It was the consensus of the City Council recommendation be adopted. G-12277 There was presented Mayor and Council Ord. # 13531 Communication No. G-12277 from the City Airports Funds Manager recommending that the City Council: 1. Adopt Appropriation Ordinance No. 13531 appropriating $611,224.00 to the Airports Fund and decreasing the unreserved, undesignated, retained earnings by the same amount and transfer of said funds to the Capital Project Reserve Fund for the purpose of repayment of prior year general fund advances, and 2. Approve the transfer of the same $611,224.00 from the Airports Fund to the Capital Projects Reserve Fund. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 6 P-8654 There was presented Mayor and Council Purchase Communication No. P-8654 from the City Manager Agreement recommending that the City Council authorize a for Alkaline purchase agreement for alkaline batteries for all Batteries City departments with multiple companies based on low bid of unit prices with payment terms of net 30 days, f.o.b. destination, freight no charge with agreement to begin August 8, 1998, and end August 7, 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-8655 There was presented Mayor and Council Purchase Communication No. P-8655 from the City Manager Agreement recommending that the City Council authorize a for Citizens on purchase agreement for Citizens on Patrol/Code Patrol/Code Blue Blue Golf Shirts with Ladd Uniform Company, on Golf Shirts the basis of lowest-responsive bid, net 30 days, freight no charge, with agreement to begin July 20, 1998, and expire on July 19, 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-8656 There was presented Mayor and Council Rescind Communication No. P-8656 from the City Manager Award to recommending that the City Council: United Worth Hydrochem by 1. Rescind award to United Worth Hydrochem M&C P-8628 as awarded by M&C P-8628 (June 23, 1998) Purchase for water treatment service, and Agreement with 2. Authorize a purchase agreement for water Chem-Aqua treatment service with Chem-Aqua for the Transportation/Public Works Department, Building Services Division, based on low bid, with payment terms net 30 days, includes cost of goods and freight, and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 7 3. Authorize this agreement to begin July 22, 1998, and end July 21, 1999 with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8657 There was presented Mayor and Council Purchase Communication No. P-8657 from the City Manager Agreement recommending that the City Council authorize a with Foreign purchase agreement for translation services for Language Center Reprographics with the Foreign Language Center based on the bid of unit prices meeting specifications with payment terms net 30 days, f.o.b. destination, freight no charge, with agreement to begin July 21, 1998, and expire on July 20, 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-8658 There was presented Mayor and Council Purchase Communication No. P-8658 from the City Manager Agreement recommending that the City Council authorize a to provide Eye purchase agreement, contingent upon execution of Care Service a contract with Texas Workforce Commission, for eye examinations, corrective lenses, and frames for the Employment and Training Department from vendors at the maximum unit costs with agreement to begin August 1, 1998, and end July 319 1999. It was the consensus of the City Council that the recommendation be adopted. L-12286 There was presented Mayor and Council Acquisition of Communication No. L-12286 from the City permanent 'Manager recommending that the City Council easements approve the acquisition of eleven permanent CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 8 sanitary sewer easements at a total cost of$7,209.00. It was the consensus of the City Council that the recommendation be adopted. L-12287 There was presented Mayor and Council Acquisition of Communication No. L-12287 from the City permanent Manager recommending that the City Council drainage approve the acquisition of four permanent drainage easements easements described as being Lots 13, 14 & 15 blk 171 and Lots 5, 6 & 7 of blk 172, Belmont Park addition required for the True Street Drainage System Project at a cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-12288 There was presented Mayor and Council Acquisition of Communication No. L-12288 from the City One Pipeline Manager recommending that the City Council Agreement approve the acquisition of one Pipeline Agreement - Longitudinal Encroachment from Union Pacific Railroad Company for an acquisition cost of $13,700.00. It was the consensus of the City Council that the recommendation be adopted. L-12289 There was presented Mayor and Council Lease of Communication No. L-12289 from the City Fire Station Manager recommending that the City Council #25 - 2909 approve the lease of the surplus City-owned Schwartz Ave. property to Ballet Folklorico Azteca, and approve the rental receipt of$1.00 per year for one year, and approve the option to renew the lease for five one- year terms at a rental rate of $1.00, and authorize the City Manager to execute the appropriate lease. AM CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 9 Carmen Garcia Ms. Carmen Garcia, 3309 Highlawn Terrace, appeared before the City Council and expressed appreciation to the Council for providing Ballet Folklorico Azteca a home. Council Member Lane made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. L-12289 be adopted. The motion carried unanimously. C-16893 There was presented Mayor and Council Humphrey & Communication No. C-16893 from the City Morton Manager recommending that the City Council Construction authorize the City Manager to execute a contract Co., Inc. with Humphrey & Morton Construction Co., Inc. in the amount of$348,756.90 and 90 calendar days for channel improvements to Wayside Avenue Drainage Channel from I-820 to Crowley Road. It was the consensus of the City Council that the recommendation be adopted. C-16894 There was presented Mayor and Council Change Communication No. C-16894 from the City Order No. 2 Manager recommending that the City Council J.L. Bertram authorize the City Manager to execute Change Construction & Order No. 2 to City Secretary Contract No. 23629 Engineering Co. with J.L. Bertram Construction & Engineering Co. in the amount of$26,403.40, thereby increasing the contract amount to $530,982.80. It was the consensus of the City Council that the recommendation be adopted. C-16895 There was presented Mayor and Council Interlocal Communication No. C-16895 from the City Agreement Manager recommending that the City Council with Tarrant authorize the City Manager to execute an Interlocal County Agreement with Tarrant County for the overlay of CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 10 Golden Triangle Boulevard from US Hwy 377 to IH-35 at a cost to the City not to exceed $104,000.00. It was the consensus of the City Council that the recommendation be adopted. C-16896 There was presented Mayor and Council Kebo Communication No. C-16896 from the City Services, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Kebo Services, Inc. in the amount of $876,753.55 for Main M-106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 2, Units 1 and 4 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16897 There was presented Mayor and Council Community Communication No. C-16897 from the City Facilities Manager recommending that the City Council Agreement authorize the City Manager to execute a with D.R. Community Facilities Agreement with D.R. Horton Horton Texas, Ltd. for the installation of community Texas, LTD facilities for Monarch Hills Addition. It was the consensus of the City Council that the recommendation be adopted. It appeared to the City Council that they set today as the date for the public hearing regarding the Grant Application of the U.S. Department of Housing and Urban Development for 1998 Economic Development Initiative Grant for Commercial Development Project Located at IH- 35W and Rosedale Street. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 11 Mr. Richard Tucker, representing the Grants Management and Intergovernmental Affairs Department, appeared before the City Council and presented a staff report and stated that the hearing was to receive comments from citizens. He called attention of the Council to Mayor and Council Communication No. C-16898, as follows: C-16898 There was presented Mayor and Council Grant Communication No. C-16898 from the City Application Manager recommending that the City Council to U.S. authorize the City Manager to submit an Department of application to the Department of Housing and Housing & Urban Urban Development (HUD) for an Economic Development Development Initiative (EDI) grant in the amount of for 1998 $1,500,000.00 and a request for a Section 108 loan Economic guarantee commitment of$7,500,000.00,and accept, Development offered, the Economic Development Initiative grant and Section 108 loan funds, and enter into a contract with HUD for the receipt and payment of the Section 108 loan, if offered. There being no one else desiring to be heard, Mayor Pro Tempore Silcox, made a motion, seconded by Council Member Haskin, that the recommendation be was adopted. The motion carried unanimously. C-16899 There was presented Mayor and Council Southwest Communication No. C-16899 from the City Crossing Manager recommending that the City Council Unified Sign consider approval of a revised unified sign Agreement agreement for , located at Bryant Irvin Road and Interstate Highway 20. On motion of Mayor Pro Tempore Silcox, seconded by Council member Picht, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 12 It appeared to the City Council that the City Council on June 23, 1998, approved the annexation timetable for the annexation of 119.020 acres of land out of the Z. D. Davis Survey, Abstract No. 1888, Tarrant County, Texas situated at the northwest corner of Keller-Haslet Road and Keller-Roanoke Road setting today as the date for the second public 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 staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of August 11, 1998. There being no one else present desiring to be heard in connection with the second public hearing for annexation 119.020 acres of land out of the Z. D. Davis Survey, Abstract No. 1888, Tarrant County, Texas, situated at the northwest corner of Keller- Haslet Road and Keller-Roanoke Road. Council Member Lane made a motion, seconded by Council Member Wentworth, that the public hearing be closed and directed that an ordinance be prepared for consideration on August 11, 1998. The motion carried unanimously. It appeared that the City Council at its meeting of July 14, 1998, continued the hearing of Mr. Ron Norman by Carter & Burgess, for a change in zoning of property located in the 7300 Block of Granbury Road, from "C" Multi-Family & "IP" Industrial Park to "A" One-Family. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 13 City Secretary Pearson advised Council of a letter from Carter & Burgess requesting that zoning docket No.2-98-036 be continued until the next regularly scheduled zoning hearing date of August 11, 1998. There being no on else desiring to be heard, Council Member Picht made a motion, seconded by Mayor Pro Tempore Silcox, that the application of Mr.Ron Norman for a change in zoning of property located in the 7300 Block of Granbury Road,Zoning Docket No. Z-98-036, be continued until the meeting of August 11, 1998. The motion carried unanimously. Citizen Presentations Jesse Aguilera Mr. Jesse Aguilera, 2112 Daisy Lane, appeared before the City Council and expressed opposition to the current selection site for an Empowerment Zone, stating that the plan should be better representative of the Community and that a larger number of Hispanics should be represented. Mayor Barr informed Mr. Aguilera that if further consideration was required, it needed to be accomplished this week inasmuch the Council would like to approve this on next week. City Manager Terrell advised the Council and the audience of the process that the City used and explained the charge that was given to the Committee. Joe Guerrero Mr. Joe Guerrero, 115 W. 2nd Street, appeared before the City Council and advised Council that he was preparing a report that further explained the Hispanic community opposition to the selected Empowerment Zone site. He stated that the selected CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 14 site did not show a ethnic diversified balance of the City and drew attention to alternative F. Mayor Barr informed Mr. Guerrero that the Council had Alternative F and welcomed any additional input that Mr. Guerrero had to offer. Mr. Fernando Costa, Director of Planning and Growth Management Department, appeared before the City Council and advised Council that the process had been extensive and inclusive of all interested citizens. He advised Council of the meetings held by the Committee and the formation of a subcommittee that used set criteria to make their selection. Mayor Barr suggested that each Council Member who had concerns make themselves available to speak to Mr. Costa prior to the next Council meeting. He also expressed appreciation to staff and everyone who was involved in the selection process. Rainey Matthews Revered Rainey Matthews, 3200 Illinois Avenue, appeared before the City Council and stated that the selection of the proposed area should not be based on race nor on the percentage of any particular ethnic group that lived in the area, but stated that the selection should be made in accordance with the site that could best make a winning presentation for the City. It was the consensus of the City Council that the Council meet in a closed session at 11:17 a.m.: for the following purposes 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: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21 , 1998 PAGE 15 a) Elizabeth "Jay" Seymour, Pamela Denise Wright and Patricia Hale v. B. Don Magness and the City of Fort Worth, Cause No. 249- 68-98 b) Legal issues concerning Fruehauf property at 4800 Blue Mound Road c) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 d) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2734-T as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:44 a.m. G-12262 There was presented Mayor and Council payment to Communication No. G-12262, dated July 14, 1998, Cantey & from the City Manager recommending that the City Hanger- Council confirm the engagement of Cantey & Cause No. Hanger to represent Public Events Director B. Don 249-68-98 Magness in the lawsuit of Elizabeth "Jay" Seymour, Pamela Denise Wright, and Patricia Hale vs. B. Don Magness and the City of Fort Worth; Cause No. 249-68-98, and authorize the City Manager to pay reasonable attorney's fees not to exceed $40,000.00. Council Member Lane made a motion, seconded by Council Member Mayor Pro tempore Silcox, that Mayor and Council Communication No. G-12262 be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 21, 1998 PAGE 16 AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Wentworth, and Hirt NOES: Council Member Picht ABSENT: Council Member McCloud Adjournment There being no further business, the meeting was adjourned at 11:45 a.m. C�4 , oh CITY SEC TARY MAYOR