HomeMy WebLinkAbout1998/08/18-Minutes-City Council APk
CITY COUNCIL MEETING
AUGUST 18, 1998
Date & Time On the 18th day of August, A.D., 1998, the City
Council of the City of Fort Worth, Texas, met in
regular session, at 10:15 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 City Secretary
Pearson.
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 August 11, 1998, were approved
unanimously.
Announcements Council Member Haskin made a motion, seconded
by Mayor Pro tempore Silcox, that Council
Member Lane be appointed as Deputy Mayor Pro
tempore for the purpose of representing the City of
Fort Worth during the Council's visit to Tuluca,
Mexico. The motion was approved unanimously.
Council Member Picht announced that a Police
Forum would be held in District 6 tonight at the
Highland Church of Christ, 1201 Sycamore School
Road and extended invitation to all interested
citizens.
Withdrawn/Consent City 'Manager Terrell requested that Mayor and
Agenda Council Communication No. 12301 be withdrawn
from the consent agenda.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 2
Withdrawn/ City Manager Terrell requested that Mayor and
Continued Council Communication No. G-12301 be continued
for one week.
Consent Agenda On motion of Council Member McCloud, seconded
by Mayor Pro tempore Silcox, the consent agenda,
as amended, was adopted unanimously.
OCS-1003 There was presented Mayor and Council
Liability Communication No. OCS-1003 from the Office of
Bond the City Secretary recommending that the City
Council approve the liability bond issued to Ortiz
Landscaping & Construction. It was the consensus
of the City Council that the recommendation be
adopted.
OCS-1004 There was presented Mayor and Council
Claims Communication No. OCS-1004 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-1005 There was presented Mayor and Council
Res. # 2441 Communication No. OCS-1005 from the Office of
Zoning the City Secretary recommending that the City
Hearing Council adopt Resolution No. 2441 setting regular
zoning hearing for September 8, 1998. On motion of
Council Member Haskin, seconded by Mayor Pro
tempore Silcox, the recommendation was adopted
unanimously.
G-12300 There was presented Mayor and Council
I) FAX R a i l t r a n Communication No. G-12300 from the Citv
System Manager recommending that the City Council
authorize the City Manager to execute a settlement
of eminent domain case City of Dallas and City of
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 3
Fort Worth vs. Stephen M. Millwee and Melvin W.
Jackson for $55,000.00. It was the consensus of the
City Council that the recommendation be adopted.
G-12301 It was the consensus of the City Council that Mayor
Substantial Change and Council Communication No. G-12301, Amend
"Substantial Change" definition in Community
Development Block Grant Consolidated Plan, be
continued for one week.
G-12302 There was presented Mayor and Council
Refurbishment of Communication No. G-12302 from the City
Pavilion - Japanese Manager recommending that the City Council
Garden consent to the refurbishment of the pavilion at the
Japanese Garden by the Fort Worth Botanical
Society. On motion of Council Member Wentworth,
seconded by Council Member Haskin, the
recommendation was adopted unanimously, with
appreciation.
G-12303 There was presented Mayor and Council
Fee Waiver - 5324 Communication No. G-12303 from the City
Blackmore Avenue Manager recommending that the City Council waive
the subdivision fees required to re-plat the property
located at 5324 Blackmore Avenue. On motion of
Council Member Wentworth, seconded by Mayor
Pro tempore Silcox, the recommendation was
adopted unanimously.
G-12304 There was presented Mayor and Council
Assessment Paving Communication No. G-12304 from the City
Policy Manager recommending that the City Council
amend Section IV of the City's policy for the
installation of community facilities by deleting the
��ord "Council" from Section 10, paragraphs a. and
b. of the Assessment Paving Policy; and authorize
the City Manager to initiate collection of all paving
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 4
assessments upon issuance of final payment to the
contractor. On motion of Mayor Pro tempore
Silcox, seconded by Council Member Lane, the
recommendation was adopted unanimously.
G-12305 There was presented Mayor and Council
Initiate Rezoning of Communication No. G-12305 from the City
Certain Properties Manager recommending that the City Council
authorize the City Manager to initiate the rezoning
of certain properties along the east side of Eighth
Avenue and Cleburne Road from "A" One Family,
"F" Commercial and "I" Light Industrial to "E"
Commercial.
Don Boles, John The following individuals appeared before the City
Lenamon, Ellen Council and expressed opposition to the proposed
Shaw, and Samir zoning change of certain properties along the east
Khalil side of Eighth Avenue and Cleburne Road:
Don Boles, 3561 Bellaire Drive So.
John Lenamon, 2125 8th Avenue
Ellen Shaw, 5009 Ranch View Rd.
Samir Khalil, 2747 8th Avenue
Council Member Hirt advised the audience that two
meetings had previously been held and stated that
another public meeting would be held under the
direction of Costa Fernando, Planning Director,
prior to the meeting of the City Zoning Commission
of September 9, 1998.
Mayor Barr expressed concern regarding the
change of zoning of properties that were purchased
for a specific business purpose without the owners
approval.
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FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 5
Council Member Wentworth advised staff that he
would like to know how the west side was zoned and
asked if there was a recommendation for that side of
Eighth Avenue.
Council Member Hirt made a motion, seconded by
Mayor Pro tempore Silcox, that Mayor and Council
Communication No. G-12305 be adopted. The
motion carried unanimously.
P-8673 There was presented Mayor and Council
Purchase Communication No. P-8673 from the City Manager
Agreement recommending that the City Council authorize a
for Alternate Fleet purchase agreement for alternate fleet fuel cards for
Fuel the City Services Department with Barney Holland
Oil Company d/b/a Fuelman Gascard of DFW based
on the request for proposal obtained by Tarrant
County per Dallas Metro TX OPIS (Oil Price
Information Service) Petro Scan, Pad 3, Thursday
average price plus $0.12 per gallon with payment
terms of net 30 days, f.o.b. customer pick up, freight
included in price of fuel, with agreement to begin
August 18, 1998, and end August 17, 1999, with two
options to renew for one year each. It was the
consensus of the City Council that the
recommendation be adopted.
P-8674 There was presented Mayor and Council
Purchase of Copper Communication No. P-8674 from the City Manager
Wire Items recommending that the City Council authorize the
purchase of various copper wire items from Texas
Electronic Information and Computer Corporation
for the Transportation and Public Works
Department, Street Service Division, based on
the lowest responsible bid received with payment
terms of net 30 days and delivery in 14 to 21 days,
Aft
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 6
for a total of$29,690.00. It was the consensus of the
City Council that the recommendation be adopted.
P-8675 There was presented Mayor and Council
Interlocal Agreement Communication No. P-8675 from the City Manager
recommending that the City Council authorize the
City Manager to execute an interlocal agreement for
the purchase of goods and services between the
Cities of Fort Worth, Colleyville and North
Richland Hills. It was the consensus of the City
Council that the recommendation be adopted.
L-12306 There was presented Mayor and Council
Acceptance of Communication No. L-12306 from the City
Permanent Manager recommending that the City Council
easements approve the acceptance of one permanent utility
easement and one permanent fire access easement
from Basswood Center, Ltd., for a total of$20.00. It
was the consensus of the City Council that the
recommendation be adopted.
L-12307 There was presented Mayor and Council
Permanent Water Communication No. L-12307 from the City
Easement Manager recommending that the City Council
approve the acceptance of one permanent water
easement described more fully as part of S. A.
Hatcher Survey, Abstract No. 1792, Lot 1, Block 1,
of the Villas of Marine Creek Addition, from Villas
of Marine Creek Limited Partnership for $1.00. It
was the consensus of the City Council that the
recommendation be adopted.
L-12308 There was presented Mayor and Council
Avigation Easements Communication No. L-12308 from the City
- DFW lnt'l. Airport Manager recommending that the City Council
Expansion authorize the acquisition of eight (8) individual
avigation easements over residential properties in
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 7
Irving, Texas, for the purpose of expanding D/FW
Airport; and find that the prices offered by D/FW
are just compensation; and authorize the acceptance
and recording of the appropriate instruments. It
was the consensus of the City Council that the
recommendation be adopted.
L-12309 There was presented Mayor and Council
Sale of City-Owned Communication No. L-12309 from the City
Surplus Commercial Manager recommending that the City Council
Property approve the sale of surplus City-owned properties
described as 1408 Hall Street and 4205 Panola
Street, and authorize the City Manager to execute
the appropriate deeds,conveying the property to the
highest bidder for each property. It was the
consensus of the City Council that the
recommendation be adopted.
L-12310 There was presented Mayor and Council
Lease Agreements for Communication No. L-12310 from the City
301 Harmon Road Manager recommending that the City Council
and 1504 Westport authorize the City Manager to execute a lease
Parkway agreement with Scott Richardson for the property
located at 301 Harmon Road at a monthly rent of
$900.00 and with Rodney Dunaway for the property
located at 1504 Westport Parkway at a monthly rent
of $900.00, with agreements to commence
September 1, 1998 and terminate August 31, 1999
with the option to renew the leases for two one-year
periods, or the City may terminate the leases at the
conclusion of each one-year term. It was the
consensus of the City Council that the
recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 8
L-12311 There was presented Mayor and Council
Consent to Communication No. L-12311 from the City
Assignment Manager recommending that the City Council
authorize the City Manager to execute a Consent to
the Assignment of City Secretary Contract No.
16363 by RAS Investments, Inc. To Michael
Richardson for Hangar 52S at Meacham
International Airport. It was the consensus of the
City Council that the recommendation be adopted.
L-12312 There was presented Mayor and Council
Lease Agreement Communication No. L-12312 from the City
Manager recommending that the City Council
authorize the City Manager to execute a ten year
lease agreement with an additional five-year option
to renew with the Library Foundation for
approximately 700 square feet of office space at the
Central Library for $1.00 per year. On motion of
Mayor Pro tempore Silcox, seconded by Council
Member Haskin, the recommendation was adopted
unanimously.
C-16930 There was presented Mayor and Council
Interlocal Agreement Communication No. C-16930 from the City
with City of Irving Manager recommending that the City Council
authorize the City Manager to execute an Interlocal
Agreement with City of Irving granting the city of
Irving the right to cross the DFW RAILTRAN
system Irving/Carrollton spur at Grauwyler Road
in the City of Irving, Texas. It was the consensus of
the City Council that the recommendation be
adopted.
C-16931 There was presented Mayor and Council
Ballou Construction Communication No. C-16931 from the City
for Micro-Surfacing Manager recommending that the City Council
98-11 authorize the City Manager to execute a contract
with Ballou Construction in the amount of
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 9
$301,900.00 for 30 working days for Micro-
Surfacing 98-11. It was the consensus of the City
Council that the recommendation be adopted.
C-16932 There was presented Mayor and Council
Interlocal Agreement Communication No. C-16932 from the City
with Tarrant Manager recommending that the City Council
County authorize the City Manager to execute an Interlocal
Agreement with Tarrant County for the
reconstruction and resurfacing of Eagle Mountain
Dam Road and Old Decatur Road at a cost to the
City not to exceed $8,500.00. It was the consensus
of the City Council that the recommendation be
adopted.
C-16933 There was presented Mayor and Council
Ord. # 13551 Communication No. C-16933 from the City
B&H Utilities, Inc. Manager recommending that the City Council
authorize the transfer of $459,640.00 from the
Water and Sewer Operating Fund to the Sewer
Capital Project Fund; adopt Ordinance No. 13551
increasing the estimated receipts and appropriations
in the Sewer Capital Project Fund in the amount of
$459,640.00 from available funds for the purpose of
funding a contract with B&H Utilities, Inc., for
mains BR and 279 Drainage Area Sanitary Sewer
System Rehabilitation and Improvements Parts 1,
Units 1 and 2; and authorize the City Manager to
execute a contract with B & H Utilities, Inc. In the
amount of $399,640.00 for Mains BR and 279
Drainage Area Sanitary Sewer System
Rehabilitation and Improvements (Group 7,
Contract 1), Part 1, Units 1 and 2. It was the
consensus of the City Council that the
recommendation be adopted.
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CITY COUNCIL MEETING
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AUGUST 18, 1998
PAGE 10
C-16934 There was presented Mayor and Council
Burns Construction, Communication No. C-16934 from the City
Inc. Manager recommending that the City Council
authorize the City Manager to execute a contract
with M.E. Burns Construction,Inc. in the amount of
$183,926.25 for Main 195AR Drainage Area
Sanitary Sewer System Rehabilitation and
Improvements (Group 7, Contract 4), Part 2:
Emergency Replacement of Sewer Mains M-147R
and M-134R. It was the consensus of the City
Council that the recommendation be adopted.
C-16935 There was presented Mayor and Council
Stocker Enterprises, Communication No. C-16935 from the City
Inc. Manager recommending that the City Council
authorize the City Manager to execute a contract
with Stocker Enterprises Inc. , in the amount of
$222,166.00 for Main 36SR Drainage Area Sanitary
Sewer System Rehabilitation and Improvements
(Group 5, Contract 2), Part 4, Unit 2. It was the
consensus of the City Council that the
recommendation be adopted.
C-16936 There was presented Mayor and Council
Ord. # 13552 Communication No. C-16936 from the City
Instituform Texark, Manager recommending that the City Council
Inc. authorize the transfer of $880,572.63 from Sewer
Operating Funds to the Sewer Capital Projects
Fund; adopt Appropriation Ordinance No. 13552
increasing the estimated receipts and appropriations
in the Sewer Capital Projects Fund in the amount of
$889,572.63 from available funds for the purpose of
funding a contract with Instituform Texark, Inc.,
for Sanitary Sewer Cured-In-Place Rehabilitation,
Contract "98A" "MSSCP98A"; and authorize the
City Manager to execute a contract with Insituform
Texark, Inc. In the amount of$747,225.00 for
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FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 11
Sanitary Sewer Cured-In-Place Rehabilitation
Contract "98A" "MSSCP98A". It was the
consensus of the City Council that the
recommendation be adopted.
C-16937 There was presented Mayor and Council
Ord. # 13553 Communication No. C-16937 from the City
Service Providers Manager recommending that the City Council:
1. Authorize the City Manager to accept grant
funds in an amount up to $501,220.00 from
the Texas Workforce Commission in Fiscal
Year 1998 (September 1, 1998 through
August 31, 1999) of the Title VI of the
Personal Responsibility and Worth
Opportunity Reconciliation Act of 1996 for
the Child Care Development Program; and
2. Adopt Appropriation Ordinance No. 13553
increasing the estimated receipts and
appropriations in the Grants Fund in the
amount of $501,220.00 from available funds
for the purpose of funding the Child Care
Development Program through increased
funding from the Title IV Texas Workforce
Commission; and,
3. Approve administrative costs in the amount of
$15,000.00 from September 1, 1998 through
August 31, 1999; and
4. Authorize the City Manager to execute
contracts with the following organizations to
provide additional child care services,
contingent upon approval and receipt of
adequate funding from the Texas Workforce
Commission of the Title VI Child Care
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CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 12
Development Program. All contracts will
begin September 1, 1998 and end August 31,
1999; and
A. YWCA of Metropolitan Fort Worth in
an amount not-to-exceed $87,165;
B. Clayton Child Care Services in an
amount not-to-exceed $67,500;
C. Day Care Association of Fort Worth
and Tarrant County, Inc. in an amount
not-to-exceed $75,000;
D. YMCA of Metropolitan Fort Worth in
an amount not-to-exceed $112,500; and
E. Fort Worth Housing Authority, for the
AMAKA Learning Center in an
amount not-to-exceed $22,500.
5. Apply indirect cost rates in accordance with
the City's Administrative Regulation 3-15
(apply the rate of 9.82 percent, which
represents the most recently approved rate
for this department and apply the new
approved indirect cost rate when available).
It was the consensus of the City Council that the
recommendation be adopted.
C-16938 There was presented Mayor and Council
Child Care Assistance Communication No. C-16938 from the City
Manager recommending that the City Council:
1. Approve the transfer of $120,000 in Title VI
Child Care Assistance funds in the Grant
Fund for child care and transportation
assistance; and
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FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 13
2. Authorize the City Manager to execute
contracts with the following organizations to
provide child care assistance to eligible
applicants from August 1, 1998, through July
31, 1999.
A. Fort Worth Service, Employment and
Redevelopment (SER) in an amount
not-to-exceed $50,000; and
B. Women's Center of Tarrant County in
an amount not-to-exceed $50,000; and
C. Parks and Community Services
Department in an amount not-to-exceed
$20,000 to provide transportation and
child care assistance.
It was the consensus of the City Council that the
recommendation be adopted.
C-16939 There was presented Mayor and Council
Change Order #1 Communication No. C-16939 from the City
Iowa Bridge & Manager recommending that the City Council
Culvert, Inc. authorize the City Manager to execute Change
Order No. 1 to the construction contract with Iowa
Bridge and Culvert Inc. for the installation of a flex
base in lieu of lime stabilization of native material
under the pavement in the drive and parking areas
for $19,000.00 with no change in contract duration.
It was the consensus of the City Council that the
recommendation be adopted.
C-16940 There was presented Mayor and Council
Rejection of Bids Communication No. C-16940 from the City
Manager recommending that the City Council
authorize the City Manager to reject all bids for
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 14
Main 36SR Drainage Area Sanitary Sewer System
Rehabilitation and Improvements (Group 5,
Contract 2), Part 11, Unit 2 and to re-advertise the
project for bid on a smaller scale at the earliest
possible date. It was the consensus of the City
Council that the recommendation be adopted.
C-16941 There was presented Mayor and Council
N. G. Painting, Inc. Communication No. C-16941 from the City
Manager recommending that the City Council
authorize the City Manager to execute a
construction contract with N. G. Painting, Inc. for
the repair and repainting of the Calmont Elevated
Storage Tank on the low bid of$503,900.00. It was
the consensus of the City Council that the
recommendation be adopted.
C-16942 There was presented Mayor and Council
Danis Environmental Communication No. C-16942 from the City
Industries, Inc. Manager recommending that the City Council
authorize the City Manager to execute a
construction contract with Danis Environmental
Industries Inc. for the Eagle Mountain Water
Treatment Plan project, Phase II, on the low bid of
$22,440,000.00. It was the consensus of the City
Council that the recommendation be adopted.
C-16943 There was presented Mayor and Council
Talem, Inc. Communication No. C-16943 from the City
Manager recommending that the City Council
authorize the City Manager to exercise the second
option to renew the contract with Talem, Inc. to
provide laboratory analytical services for the Water
Department, based on its overall bid meeting
specification, beginning August 1, 1998, and ending
July 31, 1999. It was the consensus of the City
('ouncil that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 15
C-16944 There was presented Mayor and Council
Change Order #2 Communication No. C-16944 from the City
Intrepid Contractors, Manager recommending that the City Council
Inc. authorize the City Manager to execute Change
Order No. 2 to City Secretary Contract No. 26811
with Intrepid Contractors, Inc. in the amount of
$32,744.80, thereby increasing the contract amount
to $390,322.80.
City Manager Terrell advised Council of a
correction to be made on Mayor and Council
Communication No. C-16944 stating that the
amount the contract increased to should read
11$400,332.80" instead of$390,332.80.
Council Member Lane made a motion, seconded by
Council Member McCloud,that Mayor and Council
Communication No. C-16944 be approved, as
amended. The motion carried unanimously.
C-16945 There was presented Mayor and Council
Fort Worth Communication No. C-16945 from the City
Convention and Manager recommending that the City Council
Visitors Bureau authorize the City Manager to execute a
professional services agreement with the Fort
Worth Convention and Visitors Bureau (CVB).
Council Member Wentworth commended the City
staff and to Doug Harmon and his staff for the
excellent work put forward to accomplish this
agreement, and made a motion, seconded by Mayor
Pro tempore Silcox, that the recommendation be
adopted. The motion carried unanimously.
Budget Hearing
Sandra Turner, The following individuals appeared before the City
Donnie Peacock, and Council and advised Council that there were several
Carey Pugh vacant positions being filled by employees receiving
acting pay or employees working overtime; that
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CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18, 1998
PAGE 16
these positions, if filled by females and minority
officers already on the promotion list could provide
an opportunity for the City to promote these
employees at no additional cost to the City:
Sandra Turner, 6207 Westover
Konnie Peacock, 4209 Longstraw
Garey Pugh, 2533 Stuart Drive
Mayor Barr expressed appreciation for bringing
this to the attention of the City Council and advised
them that this issue would be reviewed.
Citizen Presentation
Carolyn Tennison Ms. Carolyn Tennison, 3118 Avenue H, appeared
before the City Council and extended an invitation
to an event that would be held in the Poly area at the
Sycamore Community Center on August 22, 1998.
Executive Session It was the consensus of the City Council that the
Council meet in a closed session at 10:52 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:
a) Legal issues concerning appeals from
decisions of the Building Standards
Commission
b) City of Fort Worth v. City of Dallas et
al., Cause No. 48-171109-97
c) 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.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 18 , 1998
PAGE 17
2. To discuss the lease and value of the public
rights-or-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
11:23 a.m.
Adjournment There being no further business, the meeting was
adjourned at 11:23 a.m.
MIA
-�,
CITY SECRETARY MAYOR