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HomeMy WebLinkAbout1998/10/27-Minutes-City Council CITY COUNCIL MEETING OCTOBER 27, 1998 Date & Time On the 27th day of October, 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, Frank Moss, Clyde Picht, Jeff Wentworth, and Ralph McCloud; City Manager Bob Terrell, City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Members Becky Haskin and Cathy Hirt were temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Kenneth Carter, Carter Metropolitan CME Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore Silcox, seconded by Council Member Picht, the minutes of the regular meeting of October 20th 1998, were approved unanimously. Special Presentations/ Ms. Rebecca Cord made an introduction of Introductions the Delegation from the Republic of Kenya and Council Member McCloud presented them with a key to the City. Council Member Wentworth presented a Proclamation for Osteopathic Medicine Week to Jay Sandelin, CEO of Osteopathic Medical Center, Dr. Bob Adams and Pam Adams. CITY COUNCIL MEr. ING l FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 2 of 29 Mayor Pro tempore Silcox presented a Proclamation for Animal Shelter Appreciation Week to Dr. Scott Mellina, Dennis White, Lori Guydon, and Tammy Hawley. Council Member Cathy Hirt assumed her chair at the Council table at this time. Announcements Council Member Lane expressed appreciation to City Manager Terrell, Ramon Guajardo, and Richard Tucker and all of the staff who helped to make the Grand Opening Celebration for the Mercado in the 1400 block of North Main a successful event. He also thanked everyone who came out on Saturday, October 24, 1998, for the celebration. Mayor Barr announced that Wednesday, October 28, 1998, at 9:15 a.m., the Secretary of the Housing and Urban Development would be in our City for a Special Presentation prior to the opening date of the new Minyards Food Store on Miller and Berry. He stated that this project and the Mercado would not have been possible without the assistance of HUD. Mayor Pro tempore Silcox reiterated the comments of Council Member Lane stating that the Mercado project opening was very nice and that he hoped it would continue to be a great success for the entire Northside area in its redevelopment. He also announced that tonight, October 27, 1998, there would be a Police Forum held at 7:00 p.m. at the Louella Merrit Elementary School. CITJ:x OUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 3 of 29 Withdrawn/Consent City Manager Terrell requested that Mayor Agenda and Council Communication No. C-17073 be withdrawn from the consent agenda. Continued/Withdrawn City Manager Terrell requested that Mayor and Council Communication No. C-17073 be continued for one week. Consent Agenda On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Mayor Pro tempore Silcox, that Salvador Espino be reappointed to Place 2 on the Building Standards Commission; Richard Herring be reappointed to Place 2 on the City Plan Commission; Janice Michel be reappointed to Place 2 on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission; Bill Pokluda be reappointed to Place 2 on the Community Development Council; Tracy Lane be reappointed to Place 2 on the Community Programming Advisory Committee; Abby Gamboa be reappointed to Place 2 on the Fort Worth Commission on the Status of Women; Emily Wilson be reappointed to Place 2 on the Library Advisory Board; and that Carlos P. Ayala be reappointed to Place 2 on the Parks and Community Services Advisory Board. He also appointed Michael Paddock to Place 2 on the Historic and Cultural Landmarks Commission. The terms of office would expire October 1, 2000. The motion carried unanimously. CITY COUNCIL MI 411-204ING FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 4 of 29 Res. No. 2461 There was presented Resolution No. 2461 Meeting location concerning the location of the November 3, change 1998 Regular Meeting and Work Session of the Fort Worth City Council. On motion of Mayor Pro tempore Silcox, seconded by Council Member Picht, the resolution was adopted unanimously. Mayor Pro tempore Silcox encouraged citizens to come out and view the wonderful school that was constructed, and attend the City Council meeting at Trinity Valley School, 6500 Bryant Irvin Road at 7:00 p.m. on next Tuesday. Council Member Haskin assumed her chair at the Council table at this time. OCS-1017 There was presented Mayor and Council Claims Communication No. OCS-1017 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-12362 There was presented Mayor and Council Ord. #13625 Communication No. G-12362 from the City Adoption of 1997 Manager recommending that the City Council Uniform Building adopt Ordinance No. 13625 adopting the 1997 Code and Uniform Building Code with Amendments by Amendments repealing and amending Sections 7-46, 7-47, 7-48 and 7-49 of the Code of the City of Fort Worth, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and CIT OUNCIL MEETING FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 5 of 29 maintenance of buildings and structures in the City of Fort Worth; providing for the issuance of permits and the collection of fees thereof; providing for the inspection of buildings; providing penalties for the violation thereof. Merve Croston and Mr. Merve Croston, 2424 Winton Terrace W., Tony DiNicola and Tony DiNicola, 4200 S. Hulen #600, appeared before the City Council in support of the adoption of the 1997 Uniform Building Code and amendments thereto but expressed concern relative to the ADA and Texas Architecture Act. Mayor Barr requested that the Facility and Infrastructure Committee work with staff to address their concerns. Mayor Pro tempore Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G- 12362 be adopted. The motion carried unanimously. G-12363 There was presented Mayor and Council Ord. # 13626 Communication No. G-12363 from the City Amend Reinspection Manager recommending that the City Council Fees — Electrical Code adopt Ordinance No. 13626 amending the Electrical Code of the City of Fort Worth, Chapter 11 of The Code of The City of Fort Worth, by amending Section 11-2 to increase the fee for reinspections. On motion of Council Member Wentworth, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. CITY COUNCIL MEING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 6 of 29 G-12364 There was presented Mayor and Council Ord. # 13627 Communication No. G-12364 from the City Amend Reinspection Manager recommending that the City Council Fees — Sign Code adopt Ordinance No. 13627 amending the Sign Code of The City of Fort Worth, Chapter 29 of the Code of the City of Fort Worth, by amending Section 29-23 to increase the fee for reinspections. On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the recommendation was adopted unanimously. G-12365 There was presented Mayor and Council Settlement of Lawsuit Communication No. G-12365 from the City Jerry Barnhill vs. Manager recommending that the City The City of Fort Council: Worth and the Fort Worth Building 1. Approve the proposed settlement of the Standards Commission lawsuit entitled: Jerry Barnhill, Plaintiff, vs. The City of Fort Worth, Texas and the Fort Worth Building Standards Commission, Defendants, Cause No. 153- 173591-98; and 2. Authorize the rescission of civil penalties in the amount of $18,000.00 that the City Council imposed on April 3, 1998; and 3. Authorize the appropriate City representatives to execute the documents necessary to complete the proposed settlement. Council Member Lane made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. G- 12365 be adopted. The motion carried by the following vote: "Or CIA OUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 7 of 29 AYES: Mayor Barr, Mayor Pro tempore Silcox; Council Members Lane, Moss, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Haskin ABSENT: None G-12366 There was presented Mayor and Council Ord. # 13628 Communication No. G-12366 from the City 1990 and 1993 Central Manager recommending that the City City Street Projects Council: 1. Adopt Appropriation Ordinance No. 13628 increasing the estimated receipts and appropriations by $2,200,000.00 in the Special Assessments Fund and in the Street Improvements Fund from available funds for the purpose of funding 1990 and 1993 Central City Street Projects; and 2. Approve the transfer of$2,200,000.00 from the Special Assessments Fund to the Street Improvements Fund; and 3. Approve the deletion of described projects by finding that conditions have materially changed so that the projects, as originally proposed, are unwise or unnecessary; and 4. Authorize the City Manager to reallocate $3,096,569.00 from the described deleted projects to 1993 Capital Improvement Program (CIP) Central City Street projects. CITY COUNCIL MA ING OT FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 8 of 29 On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the motion carried unanimously. Public Hearing It appeared to the City Council that they set today as the date for a public hearing regarding the demolition of 14 substandard properties for the Housing Department. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and gave a brief staff report and advised Council that this public hearing was required under the old Minimum Building Standards ordinance and advised Council that Units 3, 13 and 14 needed to be removed from the demolition list. He called attention of the City Council to Mayor and Council Communication No. G-12367, as follows: G-12367 There was presented Mayor and Council Demolition of 14 Communication No. G-12367 from the City Substandard Manager recommending that the City Properties for Housing Council: Department 1. Confirm the structures are substandard and a nuisance; and 2. Authorize the City Manager's designated representative to recheck Tarrant County deed records for ownership, re-notify owners, and issue notification to commence demolition for the sites; and CITY`tOUNCIL MEETING FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 9 of 29 3. Authorize a lien to be filed against each property to cover the cost of demolition and administration. There being no one else present desiring to be heard, Council Member McCloud made a motion, seconded by Mayor Pro tempore Silcox, that the hearing be closed and that Mayor and Council Communication No. G- 12367 be approved, as amended. The motion carried unanimously. Public Hearing It appeared to the City Council that they set today as the date for a public hearing regarding the demolition of 24 substandard properties for the City Services Department. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and gave a brief staff report and advised Council that this public hearing was required under the old Minimum Building Standards ordinance and advised Council that Units 1, 10, 13, 15, 16 and 21 needed to be removed from the demolition list. He called attention of the City Council to Mayor and Council Communication No. G-12368, as follows: G-12368 There was presented Mayor and Council Demolition of 24 Communication No. G-12368 from the City Substandard Manager recommending that the City Properties for Housing Council: Department 1. Confirm the structures are substandard and a nuisance; and CITY COUNCIL MIA ING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 10 of 29 2. Authorize the City Manager's designated representative to recheck Tarrant County deed records for ownership, re-notify owners, and issue notification to commence demolition for the sites; and 3. Authorize all work to be performed by multiple vendors under the existing Annual Demolition Agreement for the City Services Department, previously awarded August 11, 1998; and 4. Authorize a lien to be filed against each property to cover the cost of demolition and administration. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Mayor Pro tempore Silcox, that the hearing be closed and that Mayor and Council Communication No. G- 12368 be approved, as amended. The motion carried unanimously. G-12369 There was presented Mayor and Council Mid-Year Budget Communication No. G-12369 from the City Adjustment to Crime Manager recommending that the City Council Control and Prevention authorize the City Manager to submit to the District Board of Crime Control and Prevention District Board Directors for Funding of Directors a mid-year adjustment to the FY A Pay Increase to 1998-99 Crime Control and Prevention Sworn Police Personnel District budget in the amount of $936,000.00 to fund a two-percent, across-the-board pay increase for all sworn Police personnel. On motion of Mayor Pro tempore Silcox, seconded by Council Member Lane, the motion carried unanimously. CIT OUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 11 of 29 G-12370 There was presented Mayor and Council Gift Acceptance Communication No. G-12370 from the City Manager recommending that the City Council accept a gift of two Cairns IRIS thermal imagers for use by the Fire Department. On motion of Council Member Wentworth, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously, with great appreciation. Mayor Pro tempore Silcox advised the audience that this was the third time that a citizen has come forward with such a generous donation to purchase these Cairns IRIS thermal imagers for the Fire Department and expressed a special appreciation for this gift. P-8714 There was presented Mayor and Council Purchase Agreement Communication No. P-8714 from the City for Vertical Pump Manager recommending that the City Parts and Repair Council: 1. Authorize a purchase agreement to provide vertical pump parts and repair for the City of Fort Worth with Johnston Pump Company, based on the low bid meeting specifications, with payment terms net 30 days, fo.b. destination, freight no charge, as follows: and Repair parts: Mfg. List price less 25% discount Repair labor: Regular - $27.00/hr Overtime - $40.00/hr CITY COUNCIL Mlf� ING C FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 12 of 29 2. This agreement to begin November 1, 1998, and expire October 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-8715 There was presented Mayor and Council Purchase of Equipment Communication No. P-8715 from the City and Software for the Manager recommending that the City Council Information Systems amend M&C P-7698 for additional and Services authorization to purchase computers, parts, Department peripheral equipment, software and services for the Information Systems and Services Department (IS&S) from the State of Texas Catalog Purchasing Procedure, for an additional $3,000,000.00. It was the consensus of the City Council that the recommendation be adopted. L-12358 There was presented Mayor and Council Lease Agreement with Communication No. L-12358 from the City Monroe Street Venture Manager recommending that the City Council For Fourth Floor of authorize the City Manager to execute a five- Municipal Parking year lease agreement with Monroe Street Garage Venture for lease of the fourth floor of the Municipal Parking Garage for $3,938.20 (plus applicable taxes) per month ($47,258.00 annually). It was the consensus of the City Council that the recommendation be adopted. L-12359 There was presented Mayor and Council Acquisition of Communication No. L-12359 from the City Avigation Easements Manager recommending that the City Council: CIT AOUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 13 of 29 1. Authorize the acquisition of three individual avigation easements for residential properties in Irving, Texas, described as Lot 47, Block 2, a revision of Lots 47 and 48, Block 2 of the Towne Lake Phase II Addition (100 Supreme Ct.) from Beverly Monroe; Lot 41, Block 21 of the revision of the third installment of the Northwest Park Addition (3905 Cody Ct.) from William J. Baker & wife, Leah Ann Baker; and Lot 5, Block 2, Towne Lake, Phase III (4124 Crest Ridge Dr.) from Larry & Caryn Jackson, for the purpose of expanding D/FW Airport; and 2. Find that the prices offered by D/FW Airport are just compensation; and 3. Authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12360 There was presented Mayor and Council Accept Avigation Communication No. L-12360 from the City Easement Manager recommending that the City Council: 1. Authorize the acceptance of individual avigation easements for a single-family residential property described as Lot 16, Block 6 of the Second Installment of the Northwest Park Addition (2507 Glacier St.), Irving, Texas, involving property owner sales to third-parties, or in the alternative authorize the acquisition of fee CITY COUNCIL MEi ING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 14 of 29 title to each property at 93 percent of the appraised value, if no sale occurs, for a total consideration of up to $68,820.00 upon retaining the necessary avigation easement; and 2. Authorize the properties acquired to be advertised for sale by sealed bids at various minimum bid amounts according to the approved procedure; and 3. Authorize the properties described as Lot 16, Block 6 of the Second Installment of the Northwest Park Addition (2507 Glacier St.), Irving, Texas, to be acquired by the cities of Fort Worth and Dallas, and declare them surplus and unneeded by the City of Fort Worth upon closing of the purchase; and 4. 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-12361 There was presented Mayor and Council Acceptance of Communication No. L-12361 from the City Permanent Easement Manager recommending that the City Council approve the acceptance of a permanent easement described as a portion of the Hiram Little Survey, A-930, Tarrant County, Texas, from Bryan N. Mitchell, Trustee, for $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY�OUNCIL MEETING FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 15 of 29 L-12362 There was presented Mayor and Council Acceptance of Right-of- Communication No. L-12362 from the City Way Manager recommending that the City Council approve the acceptance of a dedication of right-of-way described as a portion of the J. Brockman Survey, A-102, Tarrant County, Texas, from Fort Worth —River Bend Estates, L.C., for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12363 There was presented Mayor and Council Acceptance of One Communication No. L-12363 from the City Permanent Sanitary Manager recommending that the City Council Sewer Easement approve the acceptance of one permanent sanitary sewer easement described as a portion of Lots 2, 3, and 4, Block 8, Stockyards Addition, Tarrant County, Texas, from Tricon Global Restaurants for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12364 There was presented Mayor and Council Lease Space— Communication No. L-12364 from the City 6323 Camp Bowie Manager recommending that the City Boulevard Council: 1. Authorize the City Manager to execute a lease for 2,285 square feet of office space located at 6323 Camp Bowie Boulevard, Suite 163 from Ridglea Construction Company Ltd. at a cost of $1.00 per year; and 2. Approve the lease term of one year starting September 1, 1998, and expiring August 31, 1999, with three options to renew for one year each. CITY COUNCIL ME ING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 16 of 29 It was the consensus of the City Council that the recommendation be adopted. L-12365 There was presented Mayor and Council Terminal Building Communication No. L-12365 from the City Office Lease— Fort Manager recommending that the City Council Worth Meacham authorize the City Manager to execute a Lease International Airport Agreement with Mr. Imad Hage, d/b/a/ Eagle International, for Suites 125 and 115B on the first floor of the terminal building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. PZ-2066 There was presented Mayor and Council Ord. # 13629 Communication No. PZ-2066 from the City Alley Vacation Manager recommending that the City Council (VA-98-025) adopt Ordinance No. 13629 vacating a 10-foot wide by 100-foot long alley, found between Lots 1 and 2, and 19 and 20 of Block 9, being replatted as a combined Lot 2011 in the J.S. Smith Addition, to the City of Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2067 There was presented Mayor and Council Ord. # 13630 Communication No. PZ-2067 from the City Utility Easement Manager recommending that the City Council Vacation (VA-98-041) adopt Ordinance No. 13630 vacating a 7.5 foot wide by 200 foot long TU utility easement, in Lot 25111, Block 12, Summerfields Addition, to the City of Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. CITY OUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 17 of 29 C-17072 There was presented Mayor and Council Sutton and Associates, Communication No. C-17072 from the City Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Sutton and Associates, Inc., in the amount of $765,323.00 for 80 working days for HMAC Surface Overlay 98-15. It was the consensus of the City Council that the recommendation be adopted. C-17073 It was the consensus of the City Council that Continued for One Mayor and Council Communication No. C- Week 17073, Award of Contract to Kebo Services, Inc. for Main 106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 3, Unit 3, be continued for one week. C-17074 There was presented Mayor and Council Ord. # 13631 Communication No. C-17074 from the City Mateo Consulting Manager recommending that the City Engineers Inc. Council: 1. Authorize the transfer of $50,055.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 13631 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $50,055.00 from available funds for the purpose of funding an engineering agreement with Mateo Consulting Engineers Inc., for Water Main Replacement Contract "98II"; and CITY COUNCIL MEING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 18 of 29 3. Authorize the City Manager to execute a contract with Mateo Consulting Engineers, Inc. for a fee not-to-exceed $47,055.00 for Water Main Replacement Contract 1198II". It was the consensus of the City Council that the recommendation be adopted. C-17075 There was presented Mayor and Council Stocker Enterprises, Communication No. C-17075 from the City Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Stocker Enterprises, Inc. for the amount of $270,054.25 for Main 106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 3, Unit 4. It was the consensus of the City Council that the recommendation be adopted. C-17076 There was presented Mayor and Council Ord. # 13632 Communication No. C-17076 from the City U.S. Equal Manager recommending that the City Employment Council: Opportunity Commission 1. Authorize the City Manager to accept a grant award from the U.S. Equal Employment Opportunity Commission (EEOC) in the amount of$140,500.00; and 2. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $140,500.00 for interim financing pending contract execution; and CIT OUNCIL MEETING FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 19 of 29 3. Adopt Appropriation Ordinance No. 13632 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $140,500.00 from available funds for the purpose of funding employment discrimination investigation by the Fort Worth Human Relations Commission. It was the consensus of the City Council that the recommendation be adopted. C-17077 There was presented Mayor and Council Ord. # 13633 Communication No. C-17077 from the City U.S. Dept. of Housing Manager recommending that the City and Urban Council: Development 1. Authorize the City Manager to accept the Type 1 Cooperative Agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $136,926.00; and 2. Adopt Appropriation Ordinance No. 13633 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $136,926.00 from available funds for the purpose of funding the Fair Housing Assistance Program. It was the consensus of the City Council that the recommendation be adopted. C-17078 There was presented Mayor and Council 1998 Home Funding Communication No. C-17078 from the City for Community Manager recommending that the City Housing Development Council: CITY COUNCIL ME ING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 20 of 29 1. Authorize the use of $127,400.00 for Community Housing Development Organizations (CHDOS) under Federal HOME Program Year 1998; and 2. Authorize the City Manager to execute contracts, not to exceed a combined total of $60,000.00 in Fiscal Year 1998 HOME funds with the following CHDOs in the following amounts: a. $30,000 in Housing Support funds to Women's Second Chance (WSC) to pay organizational operating expenses to develop additional transitional housing units for homeless women and their children; and b. $30,000.00 in Housing Support funds to Near Northside Partners Council to assist the organization in paying for operating costs associated with the development of a housing project; 3. Authorize the contract performance period on these two contracts to begin on the date signed and end twelve months thereafter; and 4. Authorize the use of the balance of $67,400.00 in support funds to provide predevelopment loans to CHDOs that require funding assistance to cover project costs necessary to determine project feasibility; and CITYPOUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 21 of 29 5. Authorize the City Manager to amend the contracts, if necessary, to achieve program goals, provided that the amendment is within the scope of the program and in compliance with applicable laws and regulations. On motion of Council Member McCloud, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. C-17079 There was presented Mayor and Council B & H Utilities, Inc. Communication No. C-17079 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with B & H Utilities, Inc. in the amount of $385,776.00 for Main 106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 3, Unit 1. On motion of Council Member Haskin, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. C-17080 There was presented Mayor and Council Davila Construction, Communication No. C-17080 from the City Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $456,496.29 for Main 106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 3, Unit 2. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. CITY COUNCIL ME ING FORT WORTH,TEXAS OCTOBER 27, 1998 PAGE 22 of 29 C-17081 There was presented Mayor and Council Ord. # 13634 Communication No. C-17081 from the City Martin K. Eby Manager recommending that the City Construction Council: Company, Inc. 1. Authorize an interim financing transfer of $8,520,440.00 from the Water and Sewer Operating Fund to the Commercial Paper- Water Fund; and 2. Adopt Appropriation Ordinance No. 13634 increasing the estimated receipts and appropriations in the Water Commercial Paper Fund in the amount of$8,520,440.00 from available funds for the purpose of funding a contract with Martin K. Eby Construction Company, Inc., for improvements of the Rolling Hills Water Treatment Plant; and 3. Authorize the return of the interim financing to the operating budget, once the revenue bond sale scheduled for December has been completed; and 4. Authorize the City Manager to execute a construction contract with Martin K. Eby Construction Company, Inc. for Rolling Hills Water Treatment Plant Chlorine, Ammonia and Other Improvements, on the low bid of$8,248,000.00. On motion of Council Member Haskin, seconded by Council Member Picht, the recommendation was adopted unanimously. CIT OUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 23 of 29 Citizens Presentation Mr. Francisco Hernandez, 2108 Alston Francisco Hernandez Avenue, appeared before the City Council and advised them that the land was already available in the Rolling Hills area for new soccer fields and stated that approximately 22 fields could be constructed at this site. He stated that the more fields that the City had together would attract soccer tournaments to the City and would give the City big benefits. Appeal of Order of Mayor Barr read information from the City Building Standards Attorney's Office relative to how the Building Commission Standards Commission Appeal hearings would be conducted. Public Hearings It appeared to the City Council that they set 2837 Hemphill Street today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 2837 Hemphill Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and presented a staff report regarding property located at 2837 Hemphill Street. He advised Council that the appellant must have been dissatisfied with the order of 30-days to vacate the property since he had received the full 60 days requested to complete the repairs. He advised Council that staff was recommending that the City Council sustain the decision of Building Standards Commission for demolition of the property. CITY COUNCIL MEN. ING R FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 24 of 29 Hugh Turner Mr. Hugh Turner, 9900 Lone Eagle Drive, appeared before the City Council and briefed the Council regarding the progress that had been made and informed them that the four inspections that he failed were minor infractions. He requested Council to reverse the decision of the 30-day order to vacate the property. Mr. Bounds informed Council of the problems that the inspectors found with plumbing, exposed wires, and drainage. Lois Wright, Richard The following individuals appeared before the Deuiker, and Fernando City Council and expressed opposition to the Florez appeal and requested that the City Council uphold the decision of the Building Standards Commission: Lois Wright, Exec. Dir., JMSL Neighborhood Development Corporation, 1305 W. Magnolia Richard Deuiker, 2708 College Avenue Fernando Florez, 2740 Hemphill Mr. Hugh Turner appeared before the City Council and advised Council that the majority of the work had been completed. He stated that the building would meet the minimum required standards once the project was completed. There being no one else present desiring to be heard, Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox, that the appeal of 2837 Hemphill Street, be denied and that the Council uphold the decision of the Building Standards Commission. The motion carried unanimously. CITAOUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 25 of 29 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 2200 Misletoe Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and presented a staff report regarding property located at 2200 Mistletoe Avenue and advised Council that staff was recommending that the City Council sustain the decision of the Building Standards Commission for demolition of the property and order Ms. Robertson to pay the full amount of$35,000.00. Coby Wooten Mr. Coby Wooten, Attorney for Ms. Robertson, 1301 Ballinger, appeared before the City Council and advised them that Ms. Robertson already had a tenant for the house and stated that she intended to lease it out on January 1, 1999. He requested that Council reverse the decision of the Building Standards Commission and allow his client to finish the rehabilitation of her property. He also informed Council that the assessment of civil penalties would not do anything to help the neighborhood, but that it would cause a delay in the completion of the renovation. Deborah Robertson Ms. Deborah Robertson, 2300 Mistletoe Avenue, appeared before the City Council and advised Council that the other attorney that represented her advised her to say that CITY COUNCIL ME ING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 26 of 29 she could have the house completed within 30 days, but she did not feel comfortable with that because she knew it would take longer. She stated that she did have the financial capability to pay $5,000.00 to $7,000.00 a month for the renovations. Mr. Paul Bounds appeared and responded that Ms. Robertson did owe back taxes in the amount of $8,379.15 and that a mowing charge of $1,041.18 was owed. He also reminded Council that the time frame was no longer an issue, but stated that it was the assessment of civil penalties. Daniel Bowden Mr. Daniel Bowden, 3421 W. 5th Street, appeared before the City Council and gave the Council his estimation for the completion of the project. He answered various questions for the Council. Peggy I. King Ms. Peggy I. King, 2311 Mistletoe Avenue, appeared before the City Council and requested that Ms. Robertson be granted the additional time to complete the renovations at 2200 Mistletoe Avenue and that she not be assessed the civil penalty. John Key, Alexia The following individuals appeared before the Strout, and Wendy City Council and expressed opposition to the Davis appeal and requested that the City Council uphold the decision of the Building Standards Commission and assess the full civil penalties which was the only option to make sure that the project would be completed: CIT '. °FOUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 27 of 29 John Key, 2222 Mistletoe Avenue Alexia Strout, 2201 Mistletoe Avenue Wendy Davis, 2325 Mistletoe Avenue There being no one else present desiring to be heard, Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox, that Ms. Robertson be given until December 31, 1998, to bring the property at 2200 Mistletoe up to Code and that she be assessed $17,500.00 in civil penalties, with the understanding that if the property has not been brought up to Code by December 31, 1998, that on January 1, 1999, the other one- half($17,500.00) would be assessed. Council Member Wentworth requested that Code Compliance make a full inspection of the property between December 26 and December 31, 1998. City Attorney Adkins informed Council that should the project not be completed by December 31, 1998, the Council would need to take further action regarding this property. Mayor Pro tempore Silcox rescinded his second, and made a substitute motion that Ms. Robertson be assessed the full amount of $359000.00. The substitute motion died for lack of a second. The motion that Ms. Robertson be given until December 31, 1998, to bring the property at 2200 Mistletoe Avenue up to Code and that she be assessed $17,500.00 in civil penalties, CITY COUNCIL METING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 28 of 29 with the understanding that if the property has not been brought up to Code by December 31, 1998, that on January 1, 1999, the other one-half ($17,500.00) would be assessed, was seconded by Council Member McCloud, and carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Haskin, Wentworth, McCloud, and Hirt NOES: Council Members Lane, Moss, and Picht ABSENT: None Citizen Presentation Ms. Amy Townsend, 3808 Minut; Stephen Amy Townsend, Zachary, 4740 Stanley Avenue; and Mark Stephen Zachary, and Metroka, 3905 Wosley Drive, appeared before Mark Metroka the City Council and advised Council of the condition of the soccer fields and requested that the money the City currently has be used for maintenance of the fields and that any additional funding be used to construct new fields. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 12:45 p.m. 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: CIT'C4UOUNCIL MEETING FORT WORTH, TEXAS OCTOBER 27, 1998 PAGE 29 of 29 a) Regina Payton v. Fort Worth Rifle and Pistol Clubs, Inc. and City of Fort Worth, Cause No. 17-165853-96 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. Reconvened The City Council reconvened into regular session at 1:24 p.m. Adjournment There being no further business, the meeting was adjourned at 1:24 p.m. CITY SE RETARY MAYOR 1