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HomeMy WebLinkAbout1998/07/28-Minutes-City Council CITY COUNCIL MEETING JULY 28, 1998 Date & Time On the 28th day of July, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:30 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, Ralph McCloud and Cathy Hirt; 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 Dr. Michael Dean, Travis Avenue Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Haskin, the minutes of the regular meeting of July 21, 1998, were approved unanimously. Special Introduction of Kids Who Care Summer Exchange. Presentations Mayor Barr expressed appreciation to Lori Hicks and Deborah Jones for all of their work with Kids Who Care and Sister Cities. Introduction of the 1998 International Leadership Academy Program by Mr. Jeff King, President of Fort Worth Sister Cities International. Mayor Barr presented the Government Finance Officers Association's Distinguished Budget Presentation Award to Mrs. Bridgett Garrett. Mayor Pro tempore Silcox presented a Proclamation for National Night Out to Chief CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 2 Windham and McGruff, the Crime Fighting Dog. Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council and drew attention to the current process for the collection of taxes, and informed Council that something should be done about people who have not paid taxes for a number of years. Announcements Council Member Wentworth expressed appreciation to the four Fire Stations that responded to a fire in District 7, and especially to Company 23. There were five homes saved from fire damages. He also expressed appreciation to the neighbors who helped Mr. and Mrs. Sellars out of their burning home. Council Member Wentworth expressed condolences of the City Council to the Sellars family. Council Member McCloud announced that at 7:00 p.m on tonight there would be a Police Forum held at Highland Hills Community Center. Mayor Pro tempore Silcox expressed condolences of the City Council to his assistant, Sandy Beaux, in the loss of her father. Council Member Hirt wished her Council Assistant, Debbie Stein, a Happy Birthday. Council Member Haskin advised Council to watch out since her son, Travis, turned 16 today. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 3 Mayor Barr expressed appreciation to Mr. Jack Smith on his thorough coverage of City Hall over these past years, and congratulated him for his new assignment to the Editorial Department of the Fort Worth Star-Telegram. Council Member Lane also expressed Happy Birthday wishes and Happy 50th Anniversary to his Council Assistant, Patsy Steele. City Manager Terrell reiterated that help was available for citizens who needed fans and advised them to call 871-6170, Emergency Management Office, 871-5772, Health Department, or 871-6212, and also through the Parks and Communication Services Department, 871-5772. He further stated that eligible citizens could receive help with the payment of their electric bills, because of a grant that the City received to assist during this extreme heat. Withdrawn/ City Manager Terrell requested that Mayor and Consent Agenda Council Communication No. G-12283 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. G-12283 be withdrawn from the agenda. Consent Agenda On motion of Council Member McCloud, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. .appointment Council Member Picht made a motion, seconded by Council Member Lane, that Ms. Kim Dignum be appointed to Place 6 on the Aviation Advisory CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 4 Board, with a term of office expiring October 1, 1998. The motion carried unanimously. Res. # 2427 There was presented Resolution No. 2427 approving Crime Control Plan the 1998-99 Crime Control Plan and Budget as and Budget adopted by the Directors of the Fort Worth Crime Control and Prevention District. Council Member Lane mad a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Haskin, Wentworth, McCloud, and Hirt NOES: Mayor Pro tempore Silcox and Council Member Picht ABSENT: None Res. # 2428 There was presented Resolution No. 2428 support of Support of Marilou Marilou Martinez Stevens' Election as Chair of Martinez Stevens' Texas Association of Mexican American Chambers of Commerce. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted. Res. # 2429 There was presented Resolution No. 2429 Tax Increment appointing the Board of Directors for the Tax Reinvestment Zone 4 Increment Reinvestment Zone Number Four, Fort Board of Directors Worth, Texas. On motion of Council Member Haskin, seconded by Council Member Picht, the recommendation was adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 5 Res. # 2430 There was presented Resolution No. 2430 adopting Adopting 1998 Park, the 1998 Park, Recreation and Open Space Master Recreation & Open Plan - Amendment Number One. On motion of Space Master Plan Mayor Pro tempore Silcox, seconded by Council Member Lane, the recommendation was adopted unanimously. OCS-1000 There was presented Mayor and Council Claims Communication No. OCS-1000 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-1001 There was presented Mayor and Council Res. # 2431 Communication No. OCS-1001 from the Office of Appointing Election the City Secretary recommending that the City Judges & Clerks Council adopt Resolution No. 2431 appointing the Election Judges and Clerks for the August 8, 1998 Special Election for District 5. On motion of Council Member Haskin, seconded by Council Member McCloud, the recommendation was adopted unanimously. G-12278 There was presented Mayor and Council Increasing Amount to Communication No. G-12278 from the City be paid to Gerald Manager recommending that the City Council Pruitt authorize the maximum amount to be paid to Gerald Pruitt be increased to $50,000.00 for representation of Police Chief Thomas Windham in: Jonathan Harmon and Dana Canen, individually and on behalf of all other similarly situated v. City of Fort Worth, Texas; Firefighters' and Police Officers' Civil Service Commission of the Citv, of Fort Worth, Texas; Thomas Windham as Chief of Police of the City of Fort Worth; and Bob Terrell, as CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 6 City Manager for the City of Fort Worth, Texas; Cause No. 141-169278-97 . It was the consensus of the City Council that the recommendation be adopted. G-12279 There was presented Mayor and Council Res. # 2432 Communication No. G-12279 from the City Outside Legal Manager recommending that the City Council Counsel - Vinson & retain the law firm of Vinson & Elkins as outside Elkins legal counsel, pursuant to Section 3, Chapter VI of the City Charter, to represent the City in the lawsuit styled In the Matter of the Marriage of Eray T. Avery and Mary Lucille Avery, Cause No. 324- 87712-77; and Mary Lucille Avery V. Employees' Retirement Fund of the City of Fort Worth, Texas and City of Fort Worth, Texas, Cause No. 153- 173882-98, and adopt Resolution No. 2432 fixing in advance, as far as practicable, the maximum authorized sum to be paid to the firm of Vinson & Elkins for its services in the amount of $7,500.00. It was the consensus of the City Council that the recommendation be adopted. G-12280 There was presented Mayor and Council Temporary Street Communication No. G-12280 from the City Closure - 2nd Street Manager recommending that the City Council approve the temporary closure of a portion of 2nd Street between Burnett Street and Taylor Street from August 5, 1998 through September 15, 1998 to accommodate a crane being used in the construction of the finish out of the Central Library Plaza Level. It was the consensus of the City Council recommendation be adopted. G-12281 There was presented Mayor and Council O v e r- t h e- S t r e e t Communication No. G-12281 from the City Banner (Thistle Hill) Manager recommending that the City Council authorize the installation of an over-the-street CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 7 banner in the 400 block of West 7th Street for Thistle Hill to promote the annual Thistle Hill Antiques Fair for the period of August 24, 1998 through September 13, 1998. It was the consensus of the City Council that the recommendation be adopted. G-12282 There was presented Mayor and Council Ord. # 13532 Communication No. G-12282 from the City Civil Service Staffing Manager recommending that the City Council adopt for Police Dept. Ordinance No. 13532 adjusting the total number of authorized Civil Service Positions in the Police Department; creating two additional Corporal/Detective Positions providing a statement of purpose and intent for the adopting of this ordinance. It was the consensus of the City Council that the recommendation be adopted. G-12283 It was the consensus of the City Council that Mayor Air Pollution Control and Council Communication No. G-12283, Grant - Withdrawn Appropriation Ordinance for the Air Pollution Control Grant for FY 98-99, be withdrawn from the agenda. G-12284 There was presented Mayor and Council Ord. # 13533 Communication No. G-12284 from the City Conveyance of Tax Manager recommending that the City Council adopt Foreclosure Property Ordinance No. 13533 amending the Code of the City of Fort Worth (1986) as amended, by the addition of Section 2-13 prescribing procedures for the conveyance of Tax Foreclosure Property to eligible housing nonprofit organizations for the development of housing for Low Income households pursuant to Section 34.015 of the Texas Property Tax Code; and authorize the City Manager to enter into interlocal agreements other taxing entities, to obtain their consent of the sale method as stated in CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 8 the ordinance, and for the City Manager to be authorized as the signatory on the Tax Resale Deed used to convey property to the ordinance. It was the consensus of the City Council that the recommendation be adopted. G-12285 There was presented Mayor and Council Increasing Amount to Communication No. G-12285 from the City be paid to Bettye Manager recommending that the City Council Springer authorize the maximum amount to be paid to Bettye Springer be increased to $50,000.00 for representation of City Manager Bob Terrell in : Jonathan Harmon and Dana Canen, individually and on behalf of all other similarly situated v. City of Fort Worth, Texas; Firefighters' and Police Officers' Civil Service Commission of the City of Fort Worth, Texas; Thomas Windham as Chief of Police of the City of Fort Worth; and Bob Terrell, as City Manager for the City of Fort Worth, Texas; Cause No. 141-169278-97 . It was the consensus of the City Council that the recommendation be adopted. G-12286 There was presented Mayor and Council Legal Counsel - Communication No. G-12286 from the City Jackson and Walker Manager recommending that the City Council confirm the engagement of the law firm of Jackson and Walker to represent Police Detective Donald Hanlon in the lawsuit of Dalton King vs. City of Fort Worth, et al; Cause No. 17-145434-92, and authorize the payment of reasonable attorney's fees not to exceed $30,000.00. It was the consensus of the City Council that the recommendation be adopted. G-12287 There was presented Mayor and Council Ord. # 13534 Communication No. G-12287 from the City Water Interest Fund Manager recommending that the City Council adopt Appropriations Ordinance No. 13534 increasing the i CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 9 estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $1,000,000.00 from available funds from interest earnings for the purpose of funding preliminary work prior to the award of design and construction contracts for Water and Sewer projects. It was the consensus of the City Council that the recommendation be adopted. G-12288 There was presented Mayor and Council Settlement - Lawsuit Communication No. G-12288 from the City of Kenneth Carl Manager recommending that the City Council Gillenwater approve the settlement of lawsuit entitled: Kenneth Carl Gillenwater vs. the City of Fort Worth and Barry Augustus Johnson, Police Officer, individually and in the course and scope of his employment; authorize the expenditure of $162,500.00 in order to complete this settlement; and authorize the City Attorney to prepare 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. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted unanimously. G-12289 There was presented Mayor and Council Res. # 2433 Communication No. G-12289 from the City Nominated Area for Manager recommending that the City Council adopt Fed. Empowerment Resolution No. 2433 ratifying the selection of the Zone area of Fort Worth as the area to be nominated for federal empowerment zone designation as recommended by the Empowerment Zone Policy Committee. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 10 Betty Ward Ms. Betty Ward, 2105 Market Avenue, appeared before the City Council and requested that Council give favorable consideration for Plan E. Joe Guerrero Mr. Joe Guerrero, 115 W. 2nd Street, appeared before the City Council and stated that he was not opposed to Plan E, but informed Council that the area selected should be representative of all communities. He advised Council that Plan F would significantly address all of his areas of concern. Madelyn Bowman Mesdames Madelyn Bowman, 2805 Farrell Lane, and Marylyn Miles and Marylyn Miles, 5609 Hensley Drive, appeared before the City Council and advised Council that they were in support of Plan E. Mr. Fernanda Costa, Director of Planning and Growth Management Department, appeared before the City Council and advised Council that the citizens located along the Northside of Vickery would benefit from the empowerment Zone designation of Plan E. Council Member McCloud made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. G-12289 be adopted with Plan E. The motion carried unanimously. G-12290 There was presented Mayor and Council Ord. # 13535 Communication No. G-12290 from the City Ord. # 13536 Manager recommending that the City Council: Mid-Year Adjustments to 1. Approve a mid-year adjustment to the FY Crime Control & 1997-98 Crime Control and Prevention Prevention District District Budget to fund additional costs for Budget jail services with Tarrant County at a cost of $593,012.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 11 2. Approve a mid-year adjustment to the FY 1997-98 Crime Control and Prevention District Budget to fund park security overtime pay for $558,000.00; and 3. Adopt Ordinance No. 13535 appropriating $1,151,012.00 to the Crime Control and Prevention District Fund and decreasing the Unreserved, undesignated, fund balance by the same amount for the purpose of funding additional jail services with Tarrant County and park security overtime; and 4. Approve the transfer of$593,012.00 from the Crime Control and Prevention District Fund to the General Fund; and, 5. Adopt Supplemental Appropriation Ordinance No. 13536 increasing the estimated receipts and appropriations in the General Fund in the amount of $593,012.00 from available funds for the purpose of funding additional costs for jail services with Tarrant County. On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the recommendation was adopted unanimously. G-12291 There was presented Mayor and Council Ord. # 13537 Communication No. G-12291 from the City Animal Control Manager recommending that the City Council adopt Ordinance No. 13537 amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 6, "Animals and Fowl" as follows: Article 1., "in General", Section 6-1, "Definitions" is amended in its entirety to include CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 12 definitions and delete nonessential words; Article I, "In General"," Section 6-2, "Purpose and Scope" Subsection (A) (2) providing that one of the purposes of this ordinance is to decrease the number of unwanted and stray dogs and cats in the City; Article I., "In General," Section 6-11 "Number of Dogs and Cats at Residence" is amended providing for the City Health Officer to conduct all aspects of the Administrative Appeals; Article III "Dangerous Procedures for Dangerous Animals and Dangerous Dogs as authorized by the Health and Safety Code; Article IV "Dog and Cat Licenses" Section 6-22 "License Required" is amended by the deletion of Subsection (B); Article IV. "Dog and Cat Licenses" Section 6-23 "License Application; Fee" Subsection (A) and (D) are amended to include Animal Control Manager; Article IV., "Dog and Cat Licenses" Section 6-24 "Revocation" Subsection ( C) is amended to provide that if a person fails to comply with the Licenses requirements and the tag is revoked, the owner must surrender the tag to the Animal Control Manager; Article IV.,"Dog and Cat Licenses", Section 6-25 "Collection of License Fees and Issuance of Tags by Designated Veterinarians" Subsection (B) is amended to include a designated Veterinarian Application; Article V "Rabies Control" Section 6-42 "Animals that exhibit rabies symptoms; bite, scratch; quarantine" is amended to include quarantine procedures for dogs, cats and ferrets, home quarantine and quarantine procedures for high and low risk animals; Article VI.,"Animal Control Impoundment; "Fees" Section 6-43 "Impoundment; Notice; Disposition" is amended by the deletion of subsection (A) (3) and ferrets are included as an animal which can be impounded for not wearing a City tag; Article VI., "Animal Control Impoundment; Fees" Section 6-44 "Time, Fees, Impoundment; Bite; Boarding; CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 13 vaccination and License" is amended providing for owners who reclaim an animal to represent photo identification for the City to copy and that prohibited animals will be euthanized if the owner does not sign an agreement with the City and pay all applicable fees in its entirety; Article VI. "Animal Control Impoundment; Fees" Section 6-45 "Release from Impoundment" Subsection (C ) is amended by the deletion of the terms and definitions of"Medical Purposes" and "A Medical School" and Subsection (D); Article VII., "Dog and Cat Sterilization; Adoptions" is renamed as "Adoptions and Sterilization for adopted dogs and Cats; Mandatory sterilization for unrestrained dogs and cats"; Article VII., "Dog and Cat Sterilization; Adoptions" Section 6-46 "Requirements for Adoption" is amended providing that the definition of "Adoption" is deleted and making it a Class C Misdemeanor for an owner who has signed a sterilization agreement to fail to sterilize the animal by the date of the agreement; Article VII., "Dog and Cat Sterilization; Adoptions" Section 6-47 "Confirmation of Sterilization, Death or lost or stolen animal" is amended by renaming the Section and providing for terms for confirmation if the animal is lot or stolen; Article VII. "Dog and Cat Sterilization; Adoptions" Section 6-48 "Non Compliance with Sterilization agreement; animal care and control center right of reclamation" is amended by the deletion of subsection (B) and by Amending Subsection (A) by listing the circumstances when the Animal Care and Control Center may reclaim an adopted animal from the new owner: Article VIII. "Care and Humane Treatment of Animals" Section 6-62 "Keeping of Certain Animals Prohibited" Subsection (A) to include dangerous animals; Article X "Miniature CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 14 Swine" Section 6-80 "Miniature Swine Generally" providing a maximum of 2 miniature swine per household, and approve the fee schedule. City Manager Terrell advised Council that there were some amendments that needed to be made to the ordinance, as follows: That, Under Section 6-1 Definitions - Under "Quarantine" the last sentence should be eliminated which says "The quarantine period for a ferret in rabies quarantine is thirty (30) days from the date of the bite, scratch or other exposure, or as recommended by the regional veterinarian from the Texas Department of Health." That the definition of "Ferret license" be added to state: "ferret license: A legally granted, privilege, upon compliance with the terms of this chapter, to own, keep, harbor or have custody or control of a ferret within the City. That the definition of "ferret license tag" be added to state: "ferret license tag: A metal tag authorized by the City for Attachment to a ferret collar which displays a serial number corresponding to the number of ferret license for such animal, and which show the year the license was issued by the City or a designated veterinarian. Debra Thomason Ms. Debra Thomason, 4720 Navajo Way, appeared before the City Council and expressed appreciation to the Council and to the Health Department staff for the revision of the Animal Control Ordinance that included ferrets. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud,the recommendation, as amended, was adopted unanimously. Aft CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 15 G- 12292 There was presented Mayor and Council Renaming of Lake Communication No. G-12292 from the City Arlington to Eugene Manager recommending that the City Council McCray Park rename Lake Arlington Park to Eugene McCray Park at Lake Arlington. Council Member McCloud also directed staff to investigate what needed to be done to ensure that the subsequent Council pass a resolution in the future relative to naming the proposed Community Center in District 5 the Eugene McCray Community Center. Virginia Nell Webber Ms. Virginia Nell Webber, 1204 E. Terrell, appeared before the City Council and expressed appreciation to the Council from Ms. McCray and stated that she agreed that the Community Center should also be named for the late Eugene McCray. On motion of Council Member Haskin, seconded by Council Member McCloud, the recommendation was adopted unanimously. City Manager Terrell informed Council that staff was targeting Labor Day as the dedication ceremony date. Assistant City Manager Guajardo appeared before the City Council and advised Council of another water main break due to a construction accident at North Beach, Western Center and Basswood Streets. 4Y CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 16 P-8659 There was presented Mayor and Council Purchase Communication No. P-8659 from the City Manager Demolition Services recommending that the City Council confirm the purchase of demolition services at 2201 East Loop 820 from Brown Excavating, Inc. for $29,000.00 with terms of net ten days. It was the consensus of the City Council that the recommendation be adopted. P-8660 There was presented Mayor and Council Purchase Agreement Communication No. P-8660 from the City Manager for Water Meters recommending that the City Council authorize a purchase agreement for water meters for the Water Department with Multiple vendors based on the low bid of unit prices meeting specifications with payment terms of net 30 days, f.o.b. destination, freight no charge, with terms of agreement to begin August 1, 1998, and expire on July 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-8661 There was presented Mayor and Council Purchase Communication No. P-8661 from the City Manager Agreement recommending that the City Council authorize the with Members Bldg. extension of the purchase agreement with Members Maintenance Corp. Building Maintenance Corp. For janitorial services for City Departments through August 31, 1998. It was the consensus of the City Council that the recommendation be adopted. P-8662 There was presented Mayor and Council Rescind Purchase Communication No. P-8662 from the City Manager Agreement with R.N. recommending that the City Council rescind the !Moore Roofing & purchase agreement with R. N. Moore Roofing & Contracting Contracting for paint preparation services for the Housing Department; and award the work to the third low bidder, Security Construction, for CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 17 $18,255.00 with payment terms of net ten days. It was the consensus of the City Council that the recommendation be adopted. L-12290 There was presented Mayor and Council Dedication of One Communication No. L-12290 from the City Sanitary Sewer and Manager recommending that the City Council One Storm Sewer approve the acceptance of one sanitary sewer and easement one storm sewer easement described as part of Joseph Bowman Survey A-81 and S.A. Hatcher Survey A-1792 from L & S Land Company, Ltd. and Peter W. Baldwin for a total cost of $1.00, required for development of Villas of Marine Creek, located north of Azle Street and South of I-820. It was the consensus of the City Council that the recommendation be adopted. L-12291 There was presented Mayor and Council Acceptance of Communication No. L-12291 from the City permanent utility Manager recommending that the City Council easement approve the acceptance of one permanent utility easement described as David Odum Survey,A-1184, Tract 2 from Headington Resources, Inc., for a total of $1.00, required for the development of new sanitary sewer service to serve the Mark IV Parkway development. It was the consensus of the City Council that the recommendation be adopted. L-12292 There was presented Mayor and Council Consent to Communication No. L-12292 from the City Assignment to Larry Manager recommending that the City Council Cheatwood d/b/a authorize the City Manager to execute a Consent to Campus Avionics Assignment of City Secretary Contract No. 23905 by Agreement Jim Webb, d/b/a Aviation Services Co. To Larry Cheatwood, d/b/a Campus Avionics for hangar and ramp space known as Hangar 31 at Spinks Airport. It was the consensus of the City Council that the r CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 18 recommendation be adopted. L-12293 There was presented Mayor and Council Ord. # 13538 Communication No. L-12293 from the City Disannexation Manager recommending that the City Council adopt Williams Evans Ordinance No. 13538 disannexing and discontinuing Survey from the Corporate Limits of the City of Fort Worth a certain 2.693 acre tract of land situated in the William Evans Survey, Abstract No. 467, in the City of Fort Worth, Texas, and being a portion of that tract of land described in a deed recorded in Volume 12451, Page 1824 of the Deed Records of Tarrant County, Texas, providing that this ordinance shall amend every prior ordinance in conflict herewith. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted unanimously. Council Member Haskin requested that staff check on the amount of acreage, because the numbers in the attachment did not add up to the 2.693 acres. L-12294 There was presented Mayor and Council James E. Guinn Communication No. L-12294 from the City School Property - Manager recommending that the City Council Development Credit authorize the purchase of Block 4, Lots 1R, 2R, and 3R, Simon Addition from the Fort Worth Independent School District (FWISD) in exchange for development fee credits in the amount of $240,000.00. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. PZ-2053 There was presented Mayor and Council Annexation Communication No. PZ-2053 from the Citv H. Anderson Survey 1lanager recommending that the City Council approve the annexation timetable in order to annex 2.85 acres of land out of the H. Anderson Survey, CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 19 Abstract No. 25,Denton County, Texas (Annexation Case No. A-97-015) in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2054 There was presented Mayor and Council Appointment Communication No. PZ-2054 from the City Construction & Fire Manager recommending that the City Council Prevention Board of authorize the City Manager to appoint Tony Appeals DiNicola to Place 1 of the City's Construction and Fire Prevention Board of Appeals. It was the consensus of the City Council that the recommendation be adopted. PZ-2055 There was presented Mayor and Council Annexation 198.00 Communication No. PZ-2055 from the City Acres of Land out of Manager recommending that the City Council John Korticky Survey approve the annexation timetable in order to annex 198.00 acres of land out of the John Korticky Survey, Abstract No. 914, Tarrant County, Texas (Annexation Case No. A-98-003) in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. C-16900 There was presented Mayor and Council Community Facilities Communication No. C-16900 from the City Agreement with the Manager recommending that the City Council Frymire Company authorize the City Manager to execute a Community Facilities Agreement with the Frymire Company, for the installation of community facilities for water and sewer services to All Saints Episcopal School, Phase I. It was the consensus of CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 20 the City Council that the recommendation be adopted. C-16901 There was presented Mayor and Council Engineering Communication No. C-16901 from the City Agreement with Manager recommending that the City Council Wade & Associates, authorize the City Manager to execute an Inc. engineering agreement with Wade & Associates, Inc. for Mains 207A Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 4), Part 3. It was the consensus of the City Council that the recommendation be adopted. C-16902 There was presented Mayor and Council Change Order No. 4 Communication No. C-16902 from the City with Conatser Manager recommending that the City Council Construction, Inc. authorize the City Manager to execute Change Order No. 4 to City Secretary Contract No. 23504 with Conatser Construction, Inc., in the amount of $24,300.00 to provide for additional pay item quantities, thereby increasing the contract amount to $853,632.00. It was the consensus of the City Council that the recommendation be adopted. C-16903 There was presented Mayor and Council Change Order No. 3 Communication No. C-16903 from the City with BRH-Garver, Manager recommending that the City Council Inc. authorize the City Manager to execute Change Order No. 3 in the amount of $120,678.88 to City Secretary Contract No. 22992 for the construction of Southside II Water Transmission Main (Southside II, Pressure Plane), increasing the contract amount to $4,419,767.38. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 21 C-16904 There was presented Mayor and Council Award of Contract to Communication No. C-16904 from the City Texas Sterling Manager recommending that the City Council Construction, Inc. authorize the City Manager to execute a contract with Texas Sterling Construction, Inc., in the amount of$774,627.10 for Main M-106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 2, Unit 5 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16905 There was presented Mayor and Council Agreement with TU Communication No. C-16905 from the City Services Manager recommending that the City Council authorize the City Manager to execute an agreement with TU Services for the relocation of a natural gas transmission line at Fort Worth Meacham International Airport at a cost not to exceed $82,964. It was the consensus of the City Council that the recommendation be adopted. C-16906 There was presented Mayor and Council Interim Agreement Communication No. C-16906 from the City w i t h A v a n t i Manager recommending that the City Council Landscape and authorize the amendment of M&C P-8591 to rescind Custom Landscape the award of three mowing services with Easter Seals through the Texas Industries for the Blind and Handicapped for the Parks and Community Services Department; authorize and interim agreement for the remainder of the mowing season with Avanti Landscape, and Custom Landscape; with agreement to begin immediately and end November 15, 1998; and confirm mowing services provided by Scott Landscape during the re-bidding process in the total amount of$7,308.00 and Custom Landscape during the re-bidding process in the total CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 22 expenditure of $10,908.00. It was the consensus of the City Council that the recommendation be adopted. C-16907 There was presented Mayor and Council Tax Abatement Communication No. C-16907 from the City Agreement with Bank Manager recommending that the City Council find One that Bank One, Texas National Association is in default of commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 20756); authorize City Manager to reduce the percentage amount of taxes to be abated by 50 percent for 1998; direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Mayor Barr disclosed that he had a business relationship with BankOne, but was advised by City Attorney Adkins that it did not prohibit him from voting on this item. Mayor Pro tempore Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-16908 There was presented Mayor and Council Tax Abatement Communication No. C-16908 from the City Agreement with Manager recommending that the City Council find Coltec Industries,Inc. that Coltec Industries, Inc. is in default of commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 19674); authorize City Manager to reduce the percentage amount of taxes to be abated by 100 percent for 1998; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 23 abated. On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the recommendation was adopted unanimously. C-16909 There was presented Mayor and Council Tax Abatement Communication No. C-16909 from the City Agreement with Manager recommending that the City Council Puente Brothers authorize the City Manager to execute the attached Investment, LLC and amendment to the tax abatement agreement with Southwest Office Puente Brother Investments, LLC and Southwest Systems, Inc. Office Systems, Inc. (City Secretary Contract No. 21790). On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the recommendation was adopted unanimously. C-16910 There was presented Mayor and Council Tax Abatement Communication No. C-16910 from the City Agreement with CCC Manager recommending that the City Council find Investments (Star that CCC Investments (Star Uniform) is in default Uniform) of commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 20757); authorize the City Manager to reduce the percentage amount of taxes to be abated by 50 percent for 1998; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. On motion of Council Member Wentworth,seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. C-16911 There was presented Mayor and Council Tax Abatement Communication No. C-16911 from the City Agreement with Tech Manager recommending that the City Council find Data Corporation that Tech Data Corporation is in default of commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 22364); authorize the City Manager to JON CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 24 reduce the percentage amount of taxes to be abated by 12.5 percent for 1998; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. On motion of Council Member Wentworth, seconded by Council Member Silcox, the recommendation was adopted unanimously. C-16912 There was presented Mayor and Council Agreement with Communication No. C-16912 from the City Tarrant County Manager recommending that the City Council authorize the City Manager to enter into an Interlocal Agreement with Tarrant County to receive $443,199.00 to administer the Summer Youth Employment Program for period beginning February 24, 1998 and ending September 30, 1998; adopt Appropriation Ordinance No. 13539 increasing estimated receipts and appropriations in the Grants Fund by $443,199.00, subject to receipt of the funds. On motion of Council Member Lane, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. C-16913 There was presented Mayor and Council Contract with Communication No. C-16913 from the City Estrella Construction, Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Estrella Construction, Inc., in the amount of $274,794.00 for Main 36SR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 2), Part 4, Unit 1. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 25 It appeared to the City Council that they set today as the date for the public hearing regarding the appeal for the Order of the Building Standards Commission regarding 2805 Sierra Drive. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Raul Rodriguez, representing the Code Compliance, appeared before the City Council and presented a staff report regarding the property located at 2805 Sierra Drive. He advised Council that staff was recommending that the Council sustain the 30-days granted by the Building Standards Commission. He further stated that the new owner was working on the property with an active building permit. Robert B. Merithew Mr. Robert B. Merithew, representing the previous owner of the property, 4400 Spring Branch, appeared before the City Council and stated that the Council should give the new owner an opportunity to make the necessary repairs without taking punitive action on his client, which would not accomplish anything. There being no one else desiring to be heard Mayor Pro tempore Silcox made a motion, seconded by Council Member McCloud, that the order be amended to allow the owner 30 days from today to complete the property renovation, and if the repairs does not meet City Code qualifications, the property would be demolished. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 26 It appeared to the City Council that they set today as the date for the public hearing regarding the appeal for the Order of the Building Standards Commission regarding 2905 Sierra Drive. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Raul Rodriguez, representing the Code Compliance, appeared before the City Council and presented a staff report regarding the property located at 2905 Sierra Drive. He advised Council that staff was recommending that the Council sustain the 30-days granted by the Building Standards Commission. Robert B. Merithew Mr. Robert B. Merithew, representing the previous owner of the property, 4400 Spring Branch, appeared before the City Council and explained that he thought that an agreement was made between Code Compliance staff and stated that he was out of the City during the hearing before the Building Standards Commission. He explained to the City Council that there were a few minor repairs to be done, but stated that this property was virtually completed. Mayor Pro tempore Silcox reiterated that the City Council was not going to tolerate these properties just sitting idle in the community until the property owner comes down to the wire to repair them or face demolition. There being no one else desiring to be heard Mayor Pro tempore Silcox made a motion, seconded by Council Member McCloud, that the order be amended to allow the owner 30 days from today to complete the property renovation, and if the repairs do not meet City Code qualifications, the property CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 27 would be demolished. The motion carried unanimously. Mayor Pro tempore Silcox requested a list of the rental properties,that are up for demolition,located in District 3, which have been brought before the Building Standards Commission. It appeared to the City Council that they set today as the date for the public hearing regarding the appeal for the Order of the Building Standards Commission regarding 2200 Mistletoe Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Raul Rodriguez, representing the Code Compliance, appeared before the City Council and presented a staff report regarding the property located at 2200 Mistletoe Avenue. He advised Council that staff was recommending that the order be carried out as stated by the Building Standards Commission. Harold Hammett Mr. Harold Hammett, attorney for Ms. Deborah Robertson, appeared before the City Council and advised Council that the building permits had been pulled and stated that over $3,000.00 had been spent on the renovation of the floor upstairs. He requested that the Council modify the order of the Building Standards Commission to grant 60 days and to reverse the portion requesting the demolition due to hazardous conditions and safety and welfare of the citizens. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 28 Deborah Robertson Ms. Deborah Robertson, 3421 W. 5th, appeared before the City Council and advised Council that she had signed construction contracts. She presented Council with the progress that had been made thus far toward the renovations. John Key Mr. John Key, 2222 Mistletoe Avenue, speaking on behalf of his neighbors, appeared before the City Council and advised Council that the house had been unoccupied in excess of ten years, and strongly urged Council to back its Building Standards Commission. There being no one else desiring to be heard Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox , that the order be modified to have the property brought up to Code by August 24, 1998, next regularly scheduled meeting of the Building Standards Commission,and if the property was not in compliance by that date, that Civil penalties be assessed appropriately by the Building Standards Commission. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28 , 1998 PAGE 29 Citizen Presentation Sharon Lane Ms. Sharon Lane, 3632 Avenue N., appeared before the City Council and gave some suggestions for the millions and millions of dollars that the City receive from grants, stating that the City should invest in more opportunities to include youth. She also , requested that more after school activities for the youth be provided and stated a need for bilingual training. Mr. Dale Fissler, Assistant Director for the Water Department, appeared before the City Council and advised Council that the water main repair should take approximately eight hours, and stated that they did not see any problems with the fire protection. He advised Council that there would be some problems getting water to some of our service delivery areas such as Keller, South Lake, and North Richland Hills. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 1:05 p.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: a) Legal issues concerning regulation of off-premise advertising signs b) City of Fort Worth v. Fort Worth Symphony Orchestra Association and Atlas Enterprises, Inc., Cause No. 67- 164772-96 I CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 28, 1998 PAGE 30 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. 2. To discuss the lease and value of the public rights-of-way for use by Southwestern Bell Telephone Company, as authorized by Section 551:072 of the Texas Government Code. The public discussion of this matter would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened The City Council reconvened into regular session at 1:36 p.m. Adjournment There being no further business, the meeting was adjourned at 1:36 p.m. CITY SECRETARY MAYOR