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HomeMy WebLinkAbout1998/09/29-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 29, 1998 Date & Time On the 29th day of September, A.D., 19989 the City Council of the City of Fort Worth, Texas, met in regular session, at 10:17 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Chuck Silcox; Council Members Jim Lane, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, Ralph McCloud, and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. J. L. Johnson, Greater Progressive Church of God in Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Picht, the minutes of the regular meeting of September 22, 1998, were approved unanimously. Special Presentations/ Council Member Moss read the Introductions Proclamation for AARP Day. Council Member McCloud presented a Proclamation for Child Health Day to Beverly Hamm. de^. CITY COUNCIL MA ING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 2 of 37 Council Member Hirt presented a Proclamation for Tell A Friend Friday to Donna Crawford. Withdrawn/Consent Council Member Picht requested that Agenda Mayor and Council Communication Nos. G-123329 G-123339 G-123349 G-12335, and G-12336 be withdrawn from the consent agenda. Council Member Haskin requested that Mayor and Council Communication No. G-12341 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Wentworth, seconded by Council Member McCloud, the consent agenda, as amended, was adopted unanimously. C.P. No. 205 There was presented City Council Waiver for Building Proposal No. 205 as proposed by Council Related Fees Member Hirt, recommending that the Fort Worth City Council waive the building- related permit fees for the renovation of the YWCA Building located at 512 West 4th Street. On motion of Council Member Lane, seconded by Council Member Moss, the proposal was approved unanimously. Jean Kelly Ms. Jean Kelly, 4724 Winthrop West, appeared before the City Council and briefly expressed appreciation to the Council for approval of waiver for the YWCA Building. CIT .OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 3 of 37 Circle T Ranch Mayor Pro tempore Silcox made a motion, Continued until after seconded by Council Member Haskin, that Executive Session consideration of the proposed resolution authorizing the City Manager and the City's Attorney to Sign A Settlement Agreement with Hillwood Development Corporation, the City of Westlake and others concerning settlement of litigation related to the Circle T Ranch and other Extraterritorial Jurisdiction issues, be continued until after executive session. The motion carried unanimously. Res. # 2455 There was presented Resolution No. 2455 Endorsement of Becky urging the Texas Municipal League to Haskin to NLC Board of endorse the nomination of Council Directors Member Haskin to the National League of Cities Board of Directors. Council Member McCloud made a motion, seconded by Council Member Moss, that resolution urging the Texas Municipal League to endorse the nomination of Council Member Becky Haskin to the National League of Cities Board of Directors, be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Mayor Pro tempore Silcox unk Council Member Picht ABSENT: None CITY COUNCIL ME `T ING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 4 of 37 OCS-1012 There was presented Mayor and Council Claims Communication No. OCS-1012 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-12332 There was presented Mayor and Council Ord. # 13589 Communication No. G-12332 from the City Burglar Alarm Service Manager recommending that the City Fees Council approve Ordinance No. 13589 revising and amending Section 12-14 "Service Fee" of Chapter 12 "Emergency Reporting Equipment and Procedures" of the Code of the City of Fort Worth, Texas (1986), as amended, increasing the service fee for more than five false alarms in a twelve month period for each commercial and residential false alarms to $41.00. Council Member Wentworth made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. G-12332 be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud and Hirt NOES: Council Member Picht ABSENT: None CITICUNCH, MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 5 of 37 G-12333 There was presented Mayor and Council Ord. # 13590 Communication No. G-12333 from the City Burglar Alarm Permit Manager recommending that the City Fee Council approve Ordinance No. 13590 revising and amending subsection (b) of Section 12-3, Alarm Permit - - Required; fee; application; transfer." of the Code of the City of Fort Worth, Texas, (1986), as amended, increasing the biennial permit fee for commercial buildings to $50.00 per alarm, to take effect October 1, 1998. Council Member McCloud made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. G-12333 be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None G-12334 There was presented Mayor and Council Ord. # 13591 Communication No. G-12334 from the City Fire Code Amendment Manager recommending that the City Council adopt Ordinance No. 13591 amending Part 5 "Inspection and Testing Fees" of Appendix VII-B of the Uniform Fire Code of 1991, by amending subsection (b) "Fire Code," of Section 13-2, Article 1, Chapter 13, "Fire Prevention and Protection" of the Code of the City of Fort Worth, Texas (1986), as amended, to CITY COUNCIL MEING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 6 of 37 provide a schedule of fees for false alarms at commercial establishments in excess of two in any twelve month period, effective October 1, 1998. Council Member Wentworth made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. G-12334 be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox, Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None G-12335 There was presented Mayor and Council Consumer Health Fees Communication No. G-12335 from the City Manager recommending that the City Council approve an annual food service permit fee and the child care facility fee of $200.00, plus $5.00 per employee, effective October 1, 1998. Council Member Wentworth made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. G-12335 be approved. The motion carried by the following vote: A F ;L ,. CIT COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 7 of 37 AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None G-12336 There was presented Mayor and Council Ord. # 13592 Communication No. G-12336 from the City Taxicab Fees Manager recommending that the City Council adopt Ordinance No. 13592 amending Section 34-119 "Fee; When Fee Payable" of Article IV "Taxicabs" of Chapter 34 "Vehicles for Hire"" of the Code of the City of Fort Worth, Texas (1986), as amended, increasing the annual street rental fee to $200.00 per vehicle that operates under the authority of the franchise holder. Council Member Wentworth made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. G-12336 be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None CITY COUNCIL ME ING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 8 of 37 G-12337 There was presented Mayor and Council Ord. # 13593 Communication No. G-12337 from the City Housing Counseling Manager recommending that the City Program Design and Council: Authority to Receive Private Donations 1. Approve the Housing Counseling Program (HCP) Design; and 2. Authorize the City Manager to seek and receive private donations and/or reimbursements of costs for services from lenders and other private sources; and 3. Accept a donation of $5,000.00 to the HCP from Frost Bank; and 4. Adopt Appropriation Ordinance No. 13593 increasing the estimated receipts and appropriations in the special trust fund in the amount of $5,000.00 from available funds for the purpose of funding the Housing Counseling Program. It was the consensus of the City Council that the recommendation be adopted. G-12338 There was presented Mayor and Council Ord. # 13594 Communication No. G-12338 from the City Discharge of Air Guns Manager recommending that the City Council adopt Ordinance No. 13594 amending Sections 23-4 and 23-5 of the Code of the City of Fort Worth, to provide that discharge of air guns used in CIT AOUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 9 of 37 amusement arcades or paintball amusement facilities is not prohibited. It was the consensus of the City Council that the recommendation be adopted. G-12339 There was presented Mayor and Council Leasehold Deed of Trust, Communication No. G-12339 from the City Security Agreement and Manager recommending that the City Fixture Filing Council authorize the City Manager to execute a Consent to Leasehold Deed of Trust, Security Agreement and Fixture Filing by Galaxy Aerospace Company, L.P. ("Galaxy") for the benefit of Paribas, Chicago Branch ("Paribas"), and authorize the City Manager to execute an Estoppel Certificate to Galaxy, Paribas and Airport Building Partners, Ltd. It was the consensus of the City Council that the recommendation be adopted. G-12340 There was presented Mayor and Council Tarrant Appraisal District Communication No. G-12340 from the City Payments Manager recommending that the City Council authorize payment in an amount not-to-exceed $312,156.51 for the City of Fort Worth's assessed allocation of Tarrant Appraisal District's (TAD) 1998 budget for the months of October through December, 1998. It was the consensus of the City Council that the recommendation be adopted. G-12341 There was presented Mayor and Council Res. # 2456 Communication No. G-12341 from the City PID 6 Manager recommending that the City Council: CITY COUNCIL MEING \ FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 10 of 37 1. Adopt revised Resolution No. 2456 which incorporates the revised budget and service plan, and revised boundary in accordance with the City Council's findings at the public hearing for PID No. 6 on September 22, 1998; and 2. Adopt the revised assessment roll, which reflects the revised boundary description; a copy of said assessment roll is on file at the City Secretary's Office; and 3. Authorize the City Manager to amend the contract amount with Principal Management Group to $662,656.00. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-12341 be approved, as amended, by substituting exhibits, which excludes Phase I of the Park Bend Addition from the proposed PID No. 6. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None CIT OUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 11 of 37 G-12342 There was presented Mayor and Council Water Bill Assistance Communication No. G-12342 from the City Program Manager recommending that the City Council authorize the City Manager to approve the transfer and change of use of $30,000.00 in Community Development Block Grant (CDBG) Year Seventeen Unprogrammed Funds for the Water Assistance Program. It was the consensus of the City Council that the recommendation be adopted. G-12343 There was presented Mayor and Council Ord. # 13595 Communication No. G-12343 from the City Ord. # 13596 Manager recommending that the City Insurance Fund Council: 1. Adopt Supplemental Appropriation Ordinance No. 13595 increasing the estimated receipts and appropriations in the Insurance Fund by $840,386.42 from available funds for the purpose of funding subrogation and recovery from commercial insurance coverage; and 2. Adopt Supplemental Appropriation Ordinance No. 13596 appropriating $125,563.44 to the Insurance Fund and decreasing the unreserved, undesignated insurance fund balance by the same amount due to subrogation and recovery from commercial insurance coverage; and CITY COUNCIL MEWING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 12 of 37 3. Authorize the transfer of $1,454,013.86 from the Insurance Fund to various funds. It was the consensus of the City Council that the recommendation be adopted. G-12344 There was presented Mayor and Council Ord. # 13597 Communication No. G-12344 from the City Ord. # 13598 Manager recommending that the City Capital Projects Reserve Council: Fund 1. Adopt Appropriation Ordinance No. 13597 increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $376,500.00 from available funds for the purpose of funding the purchase of priority one replacement equipment; and 2. Authorize the transfer of $376,500.00 from the Capital Projects Reserve Fund to the General Fund; and 3. Adopt Appropriation Ordinance No. 13598 increasing the estimated receipts and appropriations in the General Fund in the amount of $376,500.00 from available funds for the purpose of funding the purchase of priority one replacement equipment. It was the consensus of the City Council that the recommendation be adopted. CIT OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 13 of 37 G-12345 There was presented Mayor and Council USGS Water Quality Data Communication No. G-12345 from the City Gathering Manager recommending that the City Council authorize the City Manager to execute a Joint Funding Agreement for water resources investigations with the U.S. Department of Interior Geological Survey (USGS), and authorize the payment of the City's share of the cost in the amount of $35,333.00 for 1998-1999 USGS monitoring and monitors. It was the consensus of the City Council that the recommendation be adopted. G-12346 There was presented Mayor and Council Ord. # 13599 Communication No. G-12346 from the City Cowtown Brush Up Manager recommending that the City Project Contributions Council accept donations totaling $21,645.00 from various sponsors, and adopt Ordinance No. 13599 increasing the estimated receipts and appropriations in the special trust fund in the amount of $21,645.00 from available funds for the purpose of funding the Cowtown Brush Up Paint Program. On motion of Council Member McCloud, seconded by Council Member Haskin, the recommendation was adopted unanimously, with appreciation. G-12347 There was presented Mayor and Council Ord. # 13600 Communication No. G-12347 from the City Allocation of Funds to Manager recommending that the City United Riverside Model Council: Blocks 1. Authorize the transfer of$877,300.00 to the United Riverside Model Blocks (URMB) in the following manner: CITY COUNCIL M ING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 14 of 37 a. Transfer in the Grant Fund, $453,487.97 in HOME funds and $49,012.03 in CDBG funds previously undesignated or allocated to various housing programs by the City, to the new URMB Home Improvement Loan Program Center; and b. Transfer a total of$30,000.00 in the Grant Fund to the new URMB Lot Purchase Center, consisting of $259000.00 in Community Development Block Grant (CDBG) Year XVI and $5,000.00 in CDBG Year XXIV Model Blocks funds; and c. Transfer a total of $105,000.00 to the new URMB Soft Second Assistance Center consisting of $899334.00 in CDBG Home Improvement Loan/Housing Opportunities Program (HIL/HOP) revenues from CDBG Revolving Loan Fund, and $15,666.00 in CDBG Year XXIV Model Blocks funds from the Grant Fund; and d. Transfer $179,800.00 in the Grant Fund in CDBG Year XXIV Model Blocks funds to the new URMB Community Center Expansion Center; and CITIAOUNCH, MEETING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 15 of 37 e. Transfer $10,000.00 in the Grant Fund in CDBG Year XXIV Model Blocks funds to the new URMB Office Equipment Center; and f. Transfer $50,000.00 in the Grant Fund in CDBG Year XXIV Model Blocks funds to the new URMB Park Improvement Center; and 2. Adopt Appropriation Ordinance No. 13600 increasing the estimated receipts and appropriations in the Grant Fund in the amount of $89,334.00 from available funds for the purpose of funding the new United Riverside Model Block Soft Second Assistance Center. On motion of Council Member McCloud, seconded by Council Member Lane, the recommendation was adopted unanimously. G-12348 There was presented Mayor and Council Filing Fee Waiver Communication No. G-12348 from the City Request—Alley Closure Manager recommending that the City Council waive the $500.00 filing fee for an application before the City Plan Commission for the closure of an alley located adjacent to Lots 1 through 20, Block 38, in the Glenwood Triangle Addition; bound on the east by Exeter Street, and on the west by Loney Street. On motion of Council Member McCloud, seconded by Council Member Wentworth, the recommendation was adopted unanimously. CITY COUNCIL MIA ING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 16 of 37 G-12349 There was presented Mayor and Council Ord. # 13601 Communication No. G-12349 from the City Residential Garbage Manager recommending that the City Collection Fees Council adopt Ordinance No. 13601 amending residential garbage collection fees in accordance with Section 12.5-842 of the City Code. Council Member Wentworth made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. 12349 be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None G-12350 There was presented Mayor and Council Ord. # 13602 Communication No. G-12350 from the City Local Law Enforcement Manager recommending that the City Block Grant Programs Council: 1. Authorize the City Manager to accept a grant award from the Department of Justice in the amount of $1,437,088.00 for the Local Law Enforcement Block Grants Program for the period of October 1, 1998 through September 30, 2000; and 2. Authorize the transfer of $159,676.00 from the General Fund to the Grant C1151- Q CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 17 of 37 Fund as cash match to the Local Law Enforcement Block Grants Program; and 3. Authorize the use of interest earned in the amount of$90,000.00; and 4. Adopt Appropriation Ordinance No. 13602 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1,686,764.00 from available funds for the purpose of funding year three of Local Law Enforcement Block Grant Programs; and 5. Approve contracts with the Boys & Girls Club of Greater Fort Worth in the amount of $1,035,982.00, Tarrant County Juvenile Services ($200,000.00) and Tarrant Direct Court ($50,000.00); and 6. Authorize the City Manager to waive indirect costs in the amount of $109000.00. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted unanimously. P-8700 There was presented Mayor and Council Purchase of Asbestos Communication No. P-8700 from the City Abatement and Manager recommending that the City Demolition Services Council authorize the purchase of additional asbestos abatement and demolition services at the Oakbrook Mall CITY COUNCIL MEWING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 18 of 37 from Intercon Construction, Inc. for $90,154.00 with terms net 15 days, increasing the total purchase to $491,772.00. It was the consensus of the City Council that the recommendation be adopted. P-8701 There was presented Mayor and Council Emergency Procurement Communication No. P-8701 from the City For Storm Drain Repairs Manager recommending that the City Council confirm an emergency procurement contract with L and S Construction, Inc. for the repair of drainage facilities at the intersection of Tenth and Lexington Streets, based on a low bid of$66,917.00. It was the consensus of the City Council that the recommendation be adopted. P-8702 There was presented Mayor and Council Purchase of Elevator Communication No. P-8702 from the City Maintenance and Repair Manager recommending that the City Service Council authorize a purchase agreement for elevator maintenance and repair services with Access Elevator, Incorporated based on low bid for the Transportation and Public Works Department/Building Services Division with payment terms net 30 days, with agreement to begin October 1, 1998, and expire on September 30, 1999, with options to renew for two additional one year periods. It was the consensus of the City Council that the recommendation be adopted. CIT �,OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 19 of 37 P-8703 There was presented Mayor and Council Reject Bids Communication No. P-8703 from the City Manager recommending that the City Council reject bid number 98-0255 for the purchase of one 6.0 GVWR utility vehicle. It was the consensus of the City Council that the recommendation be adopted. P-8704 There was presented Mayor and Council Purchase of Library Communication No. P-8704 from the City Furniture Manager recommending that the City Council authorize the purchase of library chairs and tables from the J.L. Hammett Company based on the sole source bid for an amount not-to-exceed $19,558.00, with payment terms net 30 days, no freight charges. It was the consensus of the City Council that the recommendation be adopted. P-8705 There was presented Mayor and Council Purchase of Opticom Communication No. P-8705 from the City Preemption System Manager recommending that the City Council authorize the purchase of an Opticom Preemption System through the Houston-Galveston Area Council (HGAC) for the Fire Department for a total amount not-to-exceed $849,849.41 per unit pricing. It was the consensus of the City Council that the recommendation be adopted. P-8706 There was presented Mayor and Council Purchase and Installation Communication No. P-8706 from the City of Dump Truck Bodies Manager recommending that the City Council authorize the purchase and installation of dump truck bodies and accessories from the Texas Department of Criminal Justice for the City Services CITY COUNCIL MEhING G) FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 20 of 37 Department for an amount not-to-exceed $119,941.73, f.o.b. their plant, and payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8707 There was presented Mayor and Council Purchase for Resale Communication No. P-8707 from the City Merchandise Manager recommending that the City Council authorize a purchase agreement for snack shop food, beverages, and merchandise for resale at the City's golf course pro shops from recommended vendors with agreements to begin October 1, 1998 and end September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. L-12329 There was presented Mayor and Council Permanent Utility Communication No. L-12329 from the City Easement Manager recommending that the City Council approve the acquisition of one permanent sanitary sewer easement described as Lot 11, Block 5, Diamond Hill Addition, (2702 Decatur Road) from Dondi J. and Pilar Martinez for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12330 There was presented Mayor and Council Permanent Drainage Communication No. L-12330 from the City Easement Manager recommending that the City Council approve the acceptance of one permanent drainage easement described as a portion of Lot 1, Block 46, Hulen CITY OUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 21 of 37 Meadows Addition, Tarrant County, Texas, from Hallmark Baptist Church for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12331 There was presented Mayor and Council Permanent Water Communication No. L-12331 from the City Easement Manager recommending that the City Council approve the acceptance of one permanent water easement described as Lot 1, Block 1 of the Villas of Marine Creek Addition, S.A. Hatcher Survey, A- 1792, Tarrant County, Texas, from Villas of Marine Creek Limited Partnership for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12332 There was presented Mayor and Council Permanent Utility Communication No. L-12332 from the City Easement Manager recommending that the City Council approve the acceptance of one permanent utility easement described as a portion of Lot 24, Block 1, Trinity Heights Addition, Tarrant County, Texas, from James R. Dunaway, Jr., individually and as trustee for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12333 There was presented Mayor and Council Permanent Utility Communication No. L-12333 from the City Easement Manager recommending that the City Council approve the acceptance of one permanent utility easement described as a portion of Lot 24, Block 1, Trinity Heights Addition, Tarrant County, Texas, from CITY COUNCIL MEN ING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 22 of 37 James R. Dunaway, Jr., individually and as trustee for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12334 There was presented Mayor and Council Temporary Construction Communication No. L-12334 from the City Easement Manager recommending that the City Council: 1. Approve the acquisition of one temporary construction easement described as Lot 5A, Original Town of Fort Worth, from Nettye F. Engler; and 2. Find that a total of $500.00 is just compensation; and 3. Authorize the City Manager to accept and record the appropriate documents. It was the consensus of the City Council that the recommendation be adopted. L-12335 There was presented Mayor and Council Conveyance of Two Single Communication No. L-12335 from the City Family Residential Manager recommending that the City Properties Council: 1. Authorize the conveyance of two single family residential properties described as Lot 47, Block 6 of the Second Installment of the Northwest Park Addition, and Lot 40-R, Block E, Pioneer Valley Estates, No. 6, a revision of lots 2 through 17 and 34 through 43, CIT 'OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 23 of 37 Block E, Pioneer Valley Estates No. 3 Addition, to the highest bidders in accordance with the adopted procedures; and 2. Authorize the rejection of bids received for two properties described as Lot 10, Abstract 1135, Parsons Survey, and Lot 2, Block 37, Northwest Park, Sixth Installment, which were unacceptable due to incorrect legal descriptions in the required public advertisement for bids; and 3. Authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12336 There was presented Mayor and Council Right-of-Way Acquisition Communication No. L-12336 from the City Manager recommending that the City Council declare the necessity of taking an interest in a portion of Tract 5CO2, A.S. Roberts Survey, and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land from Kenneth Reed and Ruby Lee Reed. It was the consensus of the City Council that the recommendation be adopted. L-12337 There was presented Mayor and Council Town Center Office Lease Communication No. L-12337 from the City Manager recommending that the City Council authorize the City Manager to CITY COUNCIL MEAING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 24 of 37 amend the annual rental agreement between Town Mall, Ltd. and the City of Fort Worth to extend the lease for one year until September 30, 1999, and to include an option to renew for 1,639 square feet of office space in Town Center Mall for the purpose of housing Consumer Health Division employees involved in restaurant, daycare, and swimming pool inspections, at a rate of $10,800.00 per year, to begin October 1, 1998. It was the consensus of the City Council that the recommendation be adopted. L-12338 There was presented Mayor and Council Terminal Building Office Communication No. L-12338 from the City Lease Manager recommending that the City Council authorize the City Manager to execute an annual Terminal Building Office Lease Agreement with Dase Insurance Agency for 485 square feet of office space in Suite 216 of the Terminal Building at Fort Worth Meacham International Airport ("Airport"). It was the consensus of the City Council that the recommendation be adopted. L-12339 There was presented Mayor and Council T-Hangar Space Lease Communication No. L-12339 from the City Manager recommending that the City Council authorize the City Manager to execute a new lease agreement with Mr. M.O. Rife III for a ten unit T-Hangar, improved and unimproved land at location 24 South at Fort Worth Meacham International Airport ("Airport"). It was the consensus of the City Council that the recommendation be adopted. CIT ''COUNCIL MEETING CIA FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 25 of 37 L-12340 There was presented Mayor and Council 3037 May Street Communication No. L-12340 from the City Acquisition Manager recommending that the City Council: 1. Approve the expenditure of$1,500.00 in Community Development Block Grant funds for the purchase of property described as Lots 10 & 11, Block 34, South Hemphill Heights Addition from Maurine Bivins for a purchase price of $1,000.00 plus closing costs of $500.00 for a total acquisition cost not to exceed $1,500.00; and 2. Authorize the City Manager to execute the appropriate closing documents. It was the consensus of the City Council that the recommendation be adopted. L- 12341 There was presented Mayor and Council Three Permanent and Communication No. L-12341 from the City Three Temporary Manager recommending that the City Construction Easements Council 1. Approve the acquisition of construction easements described as part of Block 62, River Crest Addition, for a permanent construction easement and a temporary construction easement for a total cost of $224,700.00; and CITY COUNCIL M ING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 26 of 37 2. Approve compensation in the amount of $114,550.00 to Mary Ralph Lowe, for damages to property described as part of the P. Schoonover Survey, Abst. 1405, the J. Watson Survey, Abst. 1670, and the I. Schoonover Survey, Abst. 1403. On motion of Council Member Wentworth, seconded by Council Member Lane, the recommendation was adopted unanimously. L-12342 There was presented Mayor and Council Residential Surplus Communication No. L-12342 from the City Property Sale Manager recommending that the City Council: 1. Approve the sale of the surplus tax- foreclosed properties; and 2. Authorize the City Manager to execute the appropriate deeds, conveying the property to the highest qualified bidder for each property; and 3. Authorize Real Property Management and Transportation and Public Works to release existing labor liens and paving liens filed by the City of Fort Worth on each property, so that the property may be conveyed free of encumbrances from the City; and 4. Authorize the Revenue Office to prorate labor and paving charges attributable to the properties; and CIT 40UNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 27 of 37 5. Authorize Real Property Management to request the Tarrant County Tax Office to proportionately reduce the delinquent property taxes to the purchase amount rendered by the bidders (less court costs, City labor and paving liens and management fee) on the properties. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. C-17007 There was presented Mayor and Council Austin Bridge and Road Communication No. C-17007 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Austin Bridge and Road in the amount of $863,475.00 for 80 working days for HMAC Surface Overlay 98-14. It was the consensus of the City Council that the recommendation be adopted. C-17008 There was presented Mayor and Council Branch & Sons Communication No. C-17008 from the City Contractors Manager recommending that the City Council authorize the City Manager to execute a contract with Branch & Sons Contractors in the amount of $102,545.00 for the construction of Buffalo Road realignment from Jacksboro Highway (SH199) to 880 feet north. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL M ' ING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 28 of 37 C-17009 There was presented Mayor and Council Freer Mechanical Communication No. C-17009 from the City Manager recommending that the City Council authorize the City Manager to execute a construction contract with Freer Mechanical for modifying the Chiller Plant at the Will Rogers Coliseum to accommodate the new centrifugal chiller and meet the safety ventilation codes for refrigerants in the amount of $202,778.00 and a duration of 105 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-17010 There was presented Mayor and Council Coronado Builders Communication No. C-17010 from the City Manager recommending that the City Council authorize the City Manager to execute a construction contract with Coronado Builders for remodeling the Communications Division Parts Room in the amount of $24,619.00 and duration of 30 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-17011 There was presented Mayor and Council Keck & Company Communication No. C-17011 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Keck & Company for $23,900.00 and a duration of 60 calendar days for the expansion of the existing mailroom on the lower level of the Municipal Office Building. It was the consensus of the City Council that the recommendation be adopted. CIT 4OUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 29 of 37 C-17012 There was presented Mayor and Council Interlocal Agreement with Communication No. C-17012 from the City Tarrant County Manager recommending that the City Council authorize the City Manager to execute an interlocal contract with Tarrant County for the funding of two full-time deputy constables for enforcement of illegal dumping within the City of Fort Worth in the amount of $75,982.00 from October 1, 1997, through September 30, 1998, and $85,710.00 from October 1, 1998 through September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. C-17013 There was presented Mayor and Council Change Order No. 1 to Communication No. C-17013 from the City City Secretary Contract Manager recommending that the City No. 23696, J.L. Bertram Council authorize Change Order No. 1 to Construction & City Secretary Contract No. 23696 with Engineering, Inc. J.L. Bertram Construction and Engineering, Inc. in the amount of $17,096.37 for construction of 8-inch thick reinforced concrete pavement in 6th Avenue from Drew Street to Biddison Street, revising the total cost to $474,997.18. It was the consensus of the City Council that the recommendation be adopted. C-17014 There was presented Mayor and Council Dunaway Associates, Inc. Communication No. C-17014 from the City Manager recommending that the City Council authorize the City Manager to execute a engineering agreement with Dunaway Associates, Inc. for a fee not to exceed $68,145.00 for Mains 207 and 207A Drainage Area Sanitary Sewer System CITY COUNCIL M µ ING " FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 30 of 37 Rehabilitation and Improvements (Group 3, Contract 4), Part 4. It was the consensus of the City Council that the recommendation be adopted. C-17015 There was presented Mayor and Council Transfer Agreement Communication No. C-17015 from the City D/FW Airport Board Manager recommending that the City Council authorize the execution of a transfer agreement with the United States of America (on behalf of the Federal Aviation Administration) for the purpose of transferring ownership of improvements, which are a part of the DVOR/DME facility located north of the South Toll Plaza on International Parkway, in accordance with the provisions of a ground lease approved by the D/FW Airport Board, and authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. C-17016 There was presented Mayor and Council Change Order No. 3 to Communication No. C-17016 from the City City Secretary Contract Manager recommending that the City No. 23246, Fortuna Council authorize the City Manager to General Services execute Change Order No. 3 to City Secretary Contract No. 23246 with Fortuna General Services, Inc. in the amount of $20,212.50 to provide for increased pay item quantities, thereby increasing the contract amount to $454,409.28. It was the consensus of the City Council that the recommendation be adopted. CIT OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 31 of 37 C-17017 There was presented Mayor and Council Change Order No. 9 to Communication No. C-17017 from the City City Secretary Contract Manager recommending that the City No. 22110, Cajun Council authorize the City Manager to Contractors, Inc. execute Change Order No. 9 to City Secretary Contract No. 22110 with Cajun Contractors, Inc. for the Village Creek Wastewater Treatment Plant (VCWWTP) Digester Gas Improvements, Phase IVC2, in the amount of $70,346.65, revising the total contract cost to $9,613,883.17. It was the consensus of the City Council that the recommendation be adopted. C-17018 There was presented Mayor and Council Fort Worth Star-Telegram Communication No. C-17018 from the City Manager recommending that the City Council authorize the City Manager to enter into a contract with the Fort Worth Star-Telegram in the amount of$72,800.00 for the publication of a weekly "City Page" from October 1, 1998, through September 30, 1999. On motion of Council Member Moss, seconded by Council Member Haskin, the recommendation was adopted unanimously. C-17019 There was presented Mayor and Council La Vida News and Communication No. C-17019 from the City La Semana Manager recommending that the City Council authorize the City Manager to execute a contract with La Vida News and La Semana in the amount of $31,200.00 each to publish the City of Fort Worth "City Page" in the respective newspapers each week for the next 52 weeks. On F1Y CITY COUNCIL M ING FORT WORTH,TEXAS SEPTEMBER 29, 1998 PAGE 32 of 37 motion of Mayor Pro tempore Silcox, seconded by Council Member Lane, the recommendation was adopted unanimously. C-17020 There was presented Mayor and Council Inform Construction, Inc. Communication No. C-17020 from the City Manager recommending that the City Council execute a contract with Inform Construction, Inc. in the amount of $327,470.40 for construction of Phase I Development at Trinity East Park. On motion of Council Member Haskin, seconded by Council Member McCloud, the recommendation was adopted unanimously. Public Hearings It appeared to the City Council that they set today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 2816 Raton Drive. Mayor Barr asked if there was anyone present desiring to be heard. Mayor Pro tempore Silcox advised Council that all of these public hearings were very similar and had the same owner and requested that the Council hear the appeals for all nine properties at the same time. Mayor Barr read information from the City Attorney's Office relative to the process that would be followed during the public hearings for the appeals of the Building Standards Commission. CIT OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 33 of 37 Robert Merrithew Mr. Robert Merrithew, 4400 Springbranch Drive, appeared before the City Council and advised Council that the appeals for properties located at 2820 Sierra Drive and 2900 Sierra Drive had been withdrawn; and stated that the property located at 2816 Raton Drive and 2820 Raton Drive had a new owner, Mr. Charles Love, and advised Council that he could speak in his own behalf. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and presented a staff report regarding properties at 2816 Raton Drive and 2820 Raton Drive. He advised Council that staff was recommending that the City Council reverse the decision of the Building Standards Commission and send it back to the Commission in order for them to work with the new owner. Charles Love Mr. Charles Love, P.O. Box 121325, Fort Worth, appeared before the City Council and advised Council that he could have both properties completed within 60 days, if not before. Mayor Pro tempore Silcox advised Council of the excellent job that Mr. Love was doing on the two properties and made a motion, seconded by Council Member Wentworth, that the City Council reverse the decision of the Building Standards Commission and send the said properties back to the Building Standards Commission. The motion carried unanimously. CITY COUNCIL MING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 34 of 37 Mr. Paul Bounds representing the Code Compliance Division, appeared before the City Council and presented a staff report regarding properties at 2817 Raton Drive, and 2812, 2813, 2821 and 2901 Rio Vista. He advised Council that staff was recommending that the City Council sustain the decision of the Building Standards Commission for demolition or repair on or before September 30, 1998, for all of these properties. Robert Merrithew Mr. Robert Merrithew, 4400 Springbranch Drive, appeared before the City Council and advised Council that Mr. Wilson had been working on the property at 2817 Raton, but stated that he would not be able to complete all of these properties himself. He stated that he could not present additional information since it had not been presented in the Building Standards Commission meeting. Mayor Pro tempore Silcox made a motion, seconded by Council Member McCloud, that the City Council sustain the decision of the Building Standards Commission for demolition or repair on or before September 30, 1998, for properties located at 2817 Raton Drive, 2812, 2813, 2821 and 2901 Rio Vista. The motion carried by the following vote: C`1 CIT �y: 'OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 35 of 37 AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Haskin, Moss, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None Citizen Presentations Ms. Mary Ann Walsh, 3933 Collinwood Mary Ann Walsh Avenue, appeared before the City Council and advised Council that she did not receive the letter regarding the demolition hearing on her property. She stated that she was able to get a copy of the letter, but advised Council that she had missed the ten days allotted for appeal. She requested a stay of the orders to demolish the property. Mayor Barr referred Ms. Walsh to Mr. Paul Bounds. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 11:11 a.m. for the following purposes: 1. To seek the advise 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) Town of Westlake et al. v. City of Fort Worth, Cause No. 348-169048- 97. CITY COUNCIL MEQING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 36 of 37 b) City of Fort Worth v. Martin Lopez and Maria Lopez, Cause No. 97- 73674-1 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; and 2. To discuss the sale, purchase, lease of value of real property, 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 12:06 p.m. Res. # 2457 There was presented Resolution No. 2457 Circle T Ranch from the City Manager authorizing the City Manager and the City's Attorney to sign a settlement agreement and related documents that include the negotiated terms and conditions with Hillwood Development Corporation, the City of Westlake and others concerning the settlement of litigation related to the Circle T Ranch and other extraterritorial jurisdiction issues. CIT OUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 29, 1998 PAGE 37 of 37 Mr. Mike Groomer, Assistant City Manager, appeared before the City Council and outlined the terms of the Hillwood Development Corporation, City of Westlake and the Circle T Ranch settlement agreement. Council Member Wentworth made a motion, seconded by Mayor Pro tempore Silcox, that the resolution be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 12:14 p.m. (tL-L CITY S CRETARY MAYOR