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HomeMy WebLinkAbout1997/03/25-Minutes-City Council CITY COUNCIL MEETING MARCH 25, 1997 Date & Time On the 25th day of March, A.D., 1997, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:34 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Eugene McCray, Council Members Jim Lane, Chuck Silcox, Becky Raskin,Jewel Woods,Bill Meadows,Virginia Nell Webber, and Cathy Dirt; City Manager Bob Terrell, City Attorney Wade Adkins; City Secretary Alice Church. With more than a quorum present, the following business was transacted; Invocation The invocation was given by the Father Warren Murphy, St. Andrews Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Woods, seconded by Council Member Haskin, the minutes of the regular meeting of March 18, 1997, were approved unanimously. Special Presentation Introduction of Jorge Juan Pastor Mut, Representing the Mayor of Denia, Spain by Chip Gillette. Presentation of proclamation for Records and Information Management Week was presented to Martha Chambers, Fran MacDonald, an Bayne Shull. Presentation of proclamation for Always Buckle Children in the Backseat Week was presented to Willa Lister and Ron Ga ill. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 2 Withdrawn/ City Manager Terrell requested that Mayor and Consent Council Communication Nos. G-11826, G-11827, G- 11828 and G-11829 be withdrawn from the Consent Agenda. Council Member Silcox requested that Mayor and Council Communication No. P-8266 be withdrawn from the consent agenda. Council Member Haskin requested that Mayor and Council Communication No. L-11943 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication Nos. G-11834, P-8260 and G-11836 be continued for one week and G-11827, G- 11828 and G-11829 be withdrawn. Consent Agenda On motion of Council Member Haskin, seconded by Council Member Woods, the consent agenda, was adopted unanimously. OCS-886 There was presented Mayor and Council Claims Communication No. OCS-886 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. Moved fomard Council Member ber Lane made a motion, seconded by on agenda Council Member Meadows, to change the order of MC C 45968 the agenda by hearing C-15968 from the City Manager recommending that the Cite Council make CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, t997 PAGE 3 findings concerning a proposed tax abatement agreement with Intel Corporation and authorize execution of the agreement. The motion carried unanimously. Citizens appearing The following people appeared in favor of the in support of recommendation: C-15968 Messrs. Bill Thornton, 7401 Old Mill Run; Terry Ryan,Fort Worth,TX; Bob Bolen,4213 Candlewind Lane; Randal Howard, 3863 South Freeway; Larry Darlage, Tarrant County Junior College; Bill Shepherd,Intel Corp; Mesdames Denise Spitler,400 W 7th St.; Suzi Hill, 2108 Winter Sunday Way; and Nancy Timmons, 4800 Barberry Drive. Citizens appearing The following people appeared in opposition to C- in opposition to 15968: C-15968 Messrs. Kenneth Timms, 4201 S. Freeway; J. Lee Johnson, 1220 Broad Ave; Nick Dappen, 3207-A Ross; Quincy Taylor, 2122 Amanda; Ted Cue, 3733 Earl; and Mrs Sharon Armstrong, 4605 Virgil. Council Member Haskin made a motion, seconded by Council Member Meadows that the recommendation be approved. Council Member Webber made a substitute motion, seconded by Council Member Silcox, that Mayor and Council Communication N6. C 15968, be continued for one week.. The motion failed by the fallowing vote: AYES: layor Pro tens ore 1cCray; Council Members Silcox,Webber and in CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 4 NOES: Mayor Barr; Council Members Lane, Haskin, Woods, and Meadows ABSENTS None C-15968 Council Member Baskin made a motion, seconded Approved by Council Member Woods,that Mayor and Council Communication No. C-15968 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Haskin, Woods, and Meadows NOES: Mayor Pro tempore McCray; Council Members Silcox,Webber and Hirt ABSENT: None Recess The Council meeting was recessed at 12:15 p.m. Reconvened The Council meeting was reconvened at 12:20 with the following members present. Mayor Pro tempore McCray; Council Members Silcox, Woods, Meadows, Webber and Hirt. Mayor Barr, Council Members e ers Lane and Raskin were absent. BU-0178 On the 25th day of February, 1997, the City Council Benefit Hearing established today as the date for the benefit hearing Barr Street - Unit 1 for the assessment ent paving of Barr Street - Unit 1, from olt Street to Drew Street,Bolt Street-Unit 11, from Barr Street to 8th Avenue; and re w Street �r CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 5 Unit 111, from Barr Street to 6th and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Raquel Velasquez, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal had been presented to Council; and that it was staff s opinion that Barr Street - Unit I was beyond repair and that the street should be replaced; and called attention of the City Council to Mayor and Council Communication No. BH-0178, which recommended that the City Council continued BH-0178, BH-0179 and BH-0180 until April 15, 1997. BH-0179 On the 25th day of February, 1997, the City Council Benefit Hearing established today as the date for the benefit hearing Hurley Ave. for the assessment paving of Hurley Avenue from Cont. until Elizabeth Boulevard to W. Arlington Avenue and April 15, 1997 that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. 14-0180 On the 25th day of February, 1997, the City Council Benefit Hearing established today as the date for the benefit hearing Thannisch Ave. for the assessment paving of Thannisch Avenue from Cont. until Wesleyan Drive to South to Vaughn Boulevard an April 15, 1.997 that notice was given in accordance with Article 1105b, Vernon's Annotated. Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 6 Mr. Anthony Jones, 2801 Thannisch appeared in opposition to the levied assessments on this property. City Manager Terrell advised the City Council that the delay was needed in order to comeback with a review of the policy and explore alternate means of absorbing some of the cost, possibly with the use of old Bond Fund money. G-11819 There was presented Mayor and Council Consolidated Communication No. G-11819,dated March 18, 1997 Action Plan from the City Manager recommending that the City Grant Council authorize the City Manager to: Application Cont. until 1. Approve the City's Consolidated Action Plan April 8, 1997 (CAP) Grant Application for submission to the U.S. Department of Mousing and Urban Development(HUD). The CAP grants consist of the Community Development block Grant (CDDG), HOME Investment Partnerships Program, Emergency Shelter Grant Program (ESG)and Housing Opportunities for Persons with AIDS (HOPWA) grants, and 2. Adopt an Appropriations Ordinance increasing the estimated receipts and appropriations in the Grants Fund in the a ount of$10,994,000.00 from available funds for the purpose of funding Community Development Block Grant Program ($7,815,1000.00)11 the Home Investment Partnership Program ($2,390,000.00), the Enteruency Shelter Grant Program ($207,000.00), and the Housing Opportunities for People with AtDS Program 2,000.01) through a grant from the U.S. Department of Housing and Urban Development, and e CITY COUNCIL MEETING FORT NORTH, TEXAS MARCH 25, 1997 PAGE 7 3. Authorize the use of $43,937.50 from the Radisson Parking Garage account as the City's cash match, and transfer $43,937.50 from the Radisson Parking Garage revenue account to the 1997 HOME Program account, and 4. Authorize the use of$60,000.00 in City-owned properties, at appraised value, as in-kind match for the 1997 HOME Program. An increase above this amount in in-kind properties will reduce the City's cash match requirements, and 5. Authorize the use of $150,000.00 resulting from the forbbaarance of taxes as in-kind match for the 1997 HOME Program. An increase above this amount in the forbearance of taxes will reduce the City's cash match requirements, and 6. Apply indirect cost rate as applicable for the Grants Fund in accordance with the City's Administrative Regulation 3-15. Mrs. Joanne Navarre, 1349 E. Seminary Dr., representing One Day at a Time; appeared and requested that the Council give favorable consideration to funding the program with CDBG funds. The Public Hearing was continued until .April 1 1997. A CITY COUNCIL MEETING PORT WORTH,TEXAS MARCH 25, 199'7 PAGE 8 G-11825 There was presented Mayor and Council Ord. # 12929 Communication No. G-11825 from the City Manager Grant for recommending that the City Council: Fort Worth Public Library 1. Authorize the City Manager to apply for and accept,if offered,a grant from the Texas State Library and Archives Commission through the Major Urban Resource Libraries (MURLS) Grant (Urban Library/Aid Contract, Library Services and Construction act (LSCA)-Title 1) in the amount of $66,443.00, and 2. Adopt Appropriations Ordinance No. 12929 increasing the estimated receipts and appropriations in the Grants Projects Fund in the amount of$66,443.00 from available funds for the purpose of funding Library Materials and Supporting Equipment through a grant from the Texas State Library and Archives Commission. It was the consensus of the City Council that the recommendation be adopted. G-11826 There was presented Mayor and Council Settlement of Communication No.G-11826 from the City Manager Claims recommending that the City Council approve the Clara Luan a settlement of the claim filed by Clara Luanna Kirby Kirby and minor on behalf on herself and her minor sort, Jared; son Jared authorize the City Manager to expend the sum of Cout. until 518,500.00 for the settlement agreed to by Ms. Kirby, after executive her attorney Rene Higginbotham-Brooks, and the session City of Fort fort and allow the settlement check All CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 9 to be payable as follows. Mara Luanna Kirby and Rene Higginbotham-Brooks,attorney. On motion of Council Member Woods, seconded by Council Member Meadows, the MBzC was continued until after executive session. G-11827 It was the consensus of the City Council that Mayor Assessment and Council Communication No. G-11827, be Paving - NW withdrawn from the agenda. 30th St. Withdrawn G-11828 It was the consensus of the City Council that Mayor Assessment and Council Communication No. G-11828, be Paving - withdrawn from the agenda. NW 31st St. Withdrawn G-11829 It was the consensus of the City Council that Mayor Assessment and Council Communication No. G-11829, be Paving - withdrawn from the agenda. N. Pecan St. Withdrawn -11830 There was presented Mayor and Council Ord. #12930 Communication No. -11830 from the City Manager Transfer recommending that the City Council: Impact Fees Revenues 1. Adopt Appropriations rdinance No. 12930 increasing the estimated receipts and appropriations in the amount of$2,050,527.00 in the Water Capital Project Fund and $1,821,314.00 in the Sewer Capital Project Fund, and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 10 2. Authorize the transfer of$2,454,527.44 from the Water Capital Projects Fund and $1,821,314.00 from the Sewer Capital Project Fund to the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. G-11831 There was presented Mayor and Council Temporary Communication No. G-11831 from the City Manager Street recommending that the City Council approve the Closure request of Downtown Fort Worth, Inc., to temporarily close the following streets for the 1997 Main Street Fort Worth Arts Festival. Monday,April 5, 1997, 12:01 AM,through Monday,, April 14, 1997, 6:00 AM Main Street from 2nd Street to 8th Street Monday, April 5, 1997, 6:00 PM, through Monday April 14, 1997, 6;00 AM 9th St. between Houston and Commerce Streets Main Street between 8th Street and 9th Street Tues a �4 1 A ril 1997 thr u h ��lon v -April 14 1997-6:00 AI Main Street from Weatherford Street to 9th Street. Access will be maintained for the bank bet =een Weatherford and 1st, CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 199'7 PAGE 11 1st,2nd,3rd, and 8th Streets between Houston and Commerce. Access to the hotels will be maintained. Friday, 6:00 PM April 11, 1997, through Monday, April 13, 1997, 6:00 AM 4th,5th,6th,and 7th Streets between Houston and Commerce Note: Since artist booths will be set up on 4th Street between Houston and Commerce, 4th will remain open only during peak traffic hours (7-9 mornings) from 6.00 PM Wednesday through 6:00 PM Friday, at which time it will be closed for the duration of the event. It was the consensus of the City Council that the recommendation be adopted. G-11832 There was presented Mayor and Council Ord. # 12931 Communication No. G-11832 from the City Manager "Code recommending that the City Council adopt Enforcement" Ordinance No. 12931 amending the Code of the City of Fart Worth (1986), as amended, by the amendment of Appendix B, Article 11, "Code Enforcement,' providing for the Authority of the Coe Compliance Division, providing definitions; providing that grass and weeds in excess of twelve inches are a nuisance, providing exceptions, and providing for notice, abatement and the assessment of expenses an liens for re mediation; providing for the declaration of certain conditions to be nuisances, priuviding for the notice and abatement of nuisances and the assessment of expenses and liens for re e iatio declaring graffiti to be a nuisance, providing 1r notice and the abatement of graffiti I CITY COUNCIL MEETINL.. FORT WORTH., TEXAS MARCH 25, 1997 PACE 12 and providing for the assessment of expenses and liens for remediation, providing criminal and civil remedies. Tom Davis, Director of City Services, advised the City Council that a draft of the notice would be provided to Council prior to making to citizens. On motion of Council Member Woods, seconded by Council Member Meadows the recommendation was adopted. G-11833 There was presented Mayor and Council Ord. # 12932 Communication No.G-11833 from the City Manager Minimum recommending that the City Council adopt Building Ordinance No. 12932 amending the Code of the City Standards of Fort Worth (1986), as amended, by the Code amendment of Chapter 7, "Buildings," Article IV, "Minimum Building Standards Code," in its entirety, providing for the Office of the Superintendent, providing for a New Building Standards Commission and Dissolution of the Old Commission, providing for minimum building standards, providing for hearings to have buildings declared substandard, providing for assessment of civil penalties of up to $1,000.00 per day for each violation of a Commission Order, providing for procedures to secure vacant buildings,providing for Civil and Criminal Remedies. On motion of Council Member Woods, seconded by Council Member Silcox the recommendation was adopted. G-11834 There was presented Mayor and Council Junked Communication No.G-11834 from the City Manager Vehicles recommending that the Ci y Council adopt an Cont. for ordinance amending Cha ter 22, "Motor Vehicles one meek and Traffic", of the Code of the Ciq,. of Fort Worth, Texas (1986),,. as amended, by amending the CITE'COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 199' PAGE 1 definition of `Junked Vehicle" in Section 22-1; by amending Sections 22-303 through 22-313, both inclusive, which establish procedures for the abatement and removal of junked vehicles that are visible from public places or from public right-of- way; by amending Section 22-314 which concerns authority to enforce the provisions of Article IX, Chapter 22 of the Code of the City of Fort North; and by amending Section 22-315 which defines the effect of Article IX, Chapter 22 of the Code of the City of Fort Worth on other laws and ordinances. It was the consensus of the City Council that the recommendation be continued for one week. G-11835 There was presented Mayor and Council Ord. # 12933 Communication No.G-11835 from the City Manager Fuller recommending that the City Council accept a gift Foundation from the Fuller Foundation, Inc. in the amount of $68,869.05 for the purpose of maintaining the Fuller Garden for a period of twelve (12) months, and adopt Appropriations Ordinance No. 12933 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $68,869.05 from available funds for the purpose of funding two positions, supplies, equipment and utilities for the Fuller Garden in the Botanic Garden through a donation from the Fuller Foundation. On motion of Council Member Meadows, seconded by Council Member Woods the recommendation was adopted. G-11836 There was presented Mayor and Council Youth Program Communication No.G-11836 from the City Manager Cont. for recommending that the pity Council: one week 'r CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 14 1. Adopt an Appropriations Ordinance increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of$48,000.00 from available funds for the purpose of funding the Police Departments Youth Services Program, and 2. Approve the use of$48,000.00 for use by the Police Department to support the Youth Services Program for various activities. It was the consensus of the City Council that the recommendation be continued for one week. G-11837 There was presented Mayor and Council Settlement Communication No.G-11837 from the City Manager Lawsuit recommending that the City Council: Tommy E. Johnson 1. Approve the settlement of the lawsuit styled Cont. until Tommy E. Johnson v. City of Fort Worth, et after Executive al., Cause Number 141-157404-95 Session 2. Authorized the expenditure of$180,000.00 in order to complete the settlement payable as follows: as One hundred and seven thousand dollars ($107,000.00) payable to Tommy E. Johnson and his attorney, Gwinda Burns; an b. Seventy-three thousand ($73,000.00) payable to Providian Assignment Corporation. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 15 3. Authorize the appropriate City personnel to execute any releases, settlement agreements and other documents necessary to complete the settlement. It was the consensus of the City Council that this item be considered after the executive session. P-8264 There was presented Mayor and Council Cancel Communication No. P-8264 from the City Manager Purchase recommending that the City Council authorize: Agreement for Mega-Lugs L Cancellation of the purchase agreement with Davis/McAllen Pipe & Supply for mega-lugs and, 2. Approval of a purchase agreement for the Water Department to purchase mega-lugs from Utility Plus, Inc. On bid of unit prices meeting specifications, with payment terms net 30 days, f.o.b. destination, freight no charge, and 3. Term of agreement to begin March 25, 1997, and end June 1, 1997, with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. -8265 There was presented Mayor and Council Purchase Communication No. P-8265 from the City Manager Agreement reco en ing that the C=ite Council authorize with Quadex, Inc. cancellation of the purchase agreement-with Quadex Inc. for manhole reconstruction compound, and a purchase agreement eot with Standard Cement Materials tnc. to provide manhole reconstruction g CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 16 compound for the Water Department based on low bid meeting specifications, of $0.26334 per pound, with payment terms net 30 days, f.o.b. destination, freight no charge, with agreement to begin March 25, 1997,and end March 24, 1998,with two one year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8266 There was presented Mayor and Council Purchase Communication No. P-8266 from the City Manager Agreement recommending that the City Council authorize the Capps lease of three vehicles for the Fire Department from Rent A Capps Rent A Car, Inc. on the monthly charge of Car, Inc. $625.00 per month per vehicle,and this agreement to Cont. for begin April 1, 1997 and expire March 31, 1998 with one weer options to renew for two additional one year periods. It was the consensus of the City Council that the recommendation be continued for one week. P-8267 There was presented Mayor and Council Purchase Communication No. P-8267 from the City Manager Agreement recommending that the City Council authorize a with DPC purchase agreement for Sodium Hypochlorite with Industries, Inc. ten percent available bleach, in bulk and 55 gallon drums with DPC Industries, Inc. for the Water Department, on overall low bid with payment terms net 30 days, f.o.b. destination, with agreement to begin March 25, 1997,and end March 24, 1998,with vo one-year options to renew.. It was the consensus of the City Council that the recommendation be adopted. P-8268 There was presented Mayor and Council Purchase Communication No. 26: from the City Manager of Bagged recommending that the City `a it authorize the Agricultural purchase of bagged agricultural fertilizer, from Fertilizer multiple vendors for the Parks- and Community iY CITY COUNCIL MEETING PORT WORTH,TEXAS MARCH 25, 1997 PAGE 1'7 Services Department/Golf Division, based on the lowest qualifying bids. It was the consensus of the City Council that the recommendation be adopted. P-8269 There was presented Mayor and Council Purchase of Communication No. P-8269 from the City Manager Microwave recommending that the City Council authorize the Data System, purchase of MDS radios and accessories for the Radio's & Water Department, from Microwave Data Systems, Accessories on the sole source purchase on unit prices. It was the consensus of the City Council that the recommendation be adopted. P-8270 There was presented Mayor and Council Purchase of Communication No. P-8270 from the City Manager Scott Air recommending that the City Council authorize the Bottles purchase of"Scott" air bottles on low bid from Hoyt Breathing Air Products, for an amount not to exceed $26,920.00 with payment terms one percent fifteen net 30 days, f.o.b. our dock, and freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-8271 There was presented Mayor and Council Purchase Communication No. P-8271 from the City Manager of"Wide- recommending that the City Council authorize the Lite" Fixtures purchase of forty-eight "Wide-Lite" fixtures for the Transportation & Public Works, Department/1-Street Light & Signal Division from Summers Electric, on sole bid, for an amount not to exceed $20,109.87, payment terms net 30 days, freight allowed. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 18 P-8272 There was presented Mayor and Council Purchase Communication No. P-8272 from the City Manager Two Animal recommending that the City Council authorize the Control purchase of two animal control truck bodies for the Truck Bodies Health Department from Schroer Manufacturing Company on low bid meeting specifications, for an amount not to exceed $21,010.00, f.o.b. shipping point, plus freight and payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8273 There was presented Mayor and Council Purchase Communication No. P-8273 from the City Manager Two Motor recommending that the City Council authorize the Homes purchase of two motor homes from McClain's RV North Dallas,Inc., for the Police Department, on sole bid for an amount not to exceed $193,788.00, f.o.b. shipping point, freight no charge and payment terms net upon delivery. It was the consensus of the City Council that the recommendation be adopted. P-8274 There was presented Mayor and Council Sale of Communication No. P-8274 from the City Manager Automotive recommending that the City Council authorize the Emissions sale of automotive emissions test equipment for the Test Department of Environmental Management of Texas Equipment Environmental Technologies, Inc. based on sole bid received for a total amount of$1 5,612.00, payment terms net 5 days after award, equipment to be removed ithi 10 calendar days after award. It was the consensus of the City Council that the recommendation be adopted, -11943 There was presented Mayor and Council Acquisition Communication No. L-119 from the City Manager of permanent recommending that the City Council approve the easement acquisition of a permanent easement for right-of- CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 199'7 PAGE 19 way from Wells Fargo Bank.(Texas) N.A.,Trustee of the Dennis M. Cotton Testamentary Trust located in the 3000 Block of E. Seminary Drive at Horton Road, find that $4,600.00 is just compensation for the easement, and authorize the City Manager to accept and record the instrument. Mayor Pro tempore McCray and Council Member Webber disclosed that they had a banking interest with Wells Fargo Bank. Council Member Woods made a motion, seconded by Council Member Meadows that Mayor and Council No. L-11943 be adopted. The motion carried unanimously. L-11944 There was presented Mayor and Council Acquisition of Communication No. L-11944 from the City Manager two permanent recommending that the City Council rescind M&C drainage L-11875, and approve the acquisition of two easements permanent drainage easements from Pete L. Reyes at 3154 Hardy Street for the purpose of constructing a drainage channel to eliminate the low-water crossing that crosses Schwartz Avenue to Vera Cruz Street, and find that $4,700.00 is just compensation, 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. L-11945 There was presented Mayor and Council Sale of Communication No. L-11945 from the City Manager Cis-owned recommending that the Cite Council approve the surplus sale of the surplus City-owned Commercial commercial property,rte-, a d author the City Manager to execute ro er y AnI CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 20 the appropriate deeds,conveying the property to the highest bidder for the property. It was the consensus of the City Council that the recommendation be adopted. PZ-1954 There was presented Mayor and Council Site Plan Communication No. PZ-1954, dated February 18, 4305 Southwest 1997,from the City Manager recommending that the Boulevard City Council adopt the revised site plan proposed for property located at 4305 Southwest Boulevard, this site plan was scheduled for review by the City Zoning Commission on February 12, 1997. Mr. Jim Dunaway, 1501 Merrimac Circle Ste 100, appeared before the City Council and requested that the City Council give favorable consideration to amended site plan before them. Council Member Silcox made a motion,seconded by Council Member Woods, that Mayor and Council Communication No. PZ-1954 be adopted, as amended. The motion carried unanimously. PZ-1956 There was presented Mayor and Council Ord. # 12934 Communication No.PZ-1956 from the City Manager Easement recommending that the City Council adopt Vacation Ordinance No. 12934 vacating a five-foot wide utility easement to the City of Fort Worth, Texas. It was the consensus of the City-, Council that the recommendation be adopted. C-15952 There was presented Mayor and Council Supplemental Communication No. C-15952 from the City Manager Agreement No. 1 recommending that the City Council aut on e the Federal Cigf Manager to execute Supplemental Agreement Aviation o. to Cit Seeretary,, Contract No. 21413, leasing Administration additional land to they Federal aviation CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 21 Administration at Fort North Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-15953 There was presented Mayor and Council Community Communication No. C-15953 from the City Manager Facilities recommending that the City Council authorize the Agreement with City Manager to execute a Community Facilities Land Rover Agreement with Land Rover Limited for the Limited Installation of Community Facilities for River Elm Addition, dock 1, Lots 1-17; Block 2, Lots 1-56, Block 2A, Lots 1 & 2. It was the consensus of the City Council that the recommendation be adopted. C-15954 There was presented Mayor and Council Ord. # 12935 Communication No. C-15954 from the City Manager Texas recommending that the City Council authorize the Workforce City Manager to. Commission & Tarrant 1. Accept additional funding in the amount of County Junior $506,560.00 from Texas Workforce College Commission for implementation of the Job Training Partnership Act Program Year 1996 Title III job training plan for the contract period beginning July 1 1996, and ending June 30, 1997, and 2. Adopt Appropriations rdinance No. 12935 increasing the estimated receipts, an appropriations in the Grants Fund in the amount of $506,560.00 from available funds for the purpose of funding the implementation of the Job Training Partnership Act Title III Job Training Program through grant from the Texas Workforce Commission, and V CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 22 3. Apply the indirect cost rate in accordance with the City's Administrative Regulation 3-15 (apply the rate of 61.58 percent which represents the most recently approved rate for the Employment and Training Department), and 4. Modify the contracts of service providers as follows: A. Amend City Secretary Contract No. 22537 to increase the JTPA Title III funds available to Texas Workforce Commission by an amount not to exceed $157,705.00 for a new total not to exceed $357,705.00; B. Amend City Secretary Contract No. 22229 to increase the JTPA Title III funds available to Tarrant County Junior College by an amount not to exceed $57,370.00 for a new total not to exceed $132,370.001. It was the consensus of the City Council that the recommendation was adopted. C-15955 There was presented. Mayor and Council Amendment Co unicaon No.015955 from the City Manager of City Secretary recommending that the City Council authorize the Contract No. Cite Manager to extend the expiration date of the 22536 Defense Conversion Act contract with Texas Workforce Commission City Secretary Contract No. 22536 from ece ber 21 1996, to June 30, 1997, in «mow CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 23 order to provide additional basic readjustment services for dislocated workers. It was the consensus of the City Council that the recommendation be adopted. C-15956 There was presented Mayor and Council Engineering Communication No. C-15956 from the City Manager Services recommending that the City Council authorize the Agreement - City Manager to execute an engineering agreement Kimley Korn & with Kimley Born and Associates, Inc., to design a Associates, Inc. 16" water main to serve the Alliance Airport corridor and the proposed Intel site, for a fee not to exceed $187,500.00. It was the consensus of the City Council that the recommendation be adopted. C-15957 There was presented Mayor and Council Ord. # 12936 Communication No. C-15957 from the City Manager J.D. Vickers recommending that the City Council. Construction, Inc. 1. Authorize the City Manager to transfer $261,152.50 from Water and Sewer Operating Fund to the Water Capital Projects Fund ($197,194.00) and Sewer Capital Projects Fund ($63,95$.50), and 2. Adopt Appropriations Ordinance No. 12936 increasing the estimated receipts and appropriations in the Water Capital projects Fund in the amount of $197,194.00 and the Sewer Capital Projects Fund in the amount of $63,958.50 from available funds for the purpose of funding water and sanitary sewer line replacements in Nichols Street 28t Street to Long Avenue) through a contract with J.D. Vickers, on tru tion Inc., and CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 24 3. Authorize the City Manager to execute a construction contract with J.D. Vickers Construction, Inc., in the amount of $233,025.50 for water and sanitary sewer line replacements in Nichols Street (28th Street to 29th Street to Long). It was the consensus of the City Council that the recommendation be adopted. C-15958 There was presented Mayor and Council Engineering Communication No. C-15958 from the City Manager Agreement recommending that the City Council authorize the with Gutierrez, City Manager to execute an engineering agreement Smouse, with Gutierrez, Smouse, Wilmut and Associates, Wilmut & Inc., for a fee not to exceed $645,022.00 to prepare Associates plans and specifications for Sanitary Sewer lines in the M258 Drainage Area Rehabilitation and Sewer Improvement (Group 5, Contract 1,), Part 3. It was the consensus of the City Council that the recommendation be adopted. C-15959 There was presented Mayor and Council Engineering Communication No. C-15959 from the City Manager Agreement recommending that the City Council authorize the with RJN City Manager to execute an engineering agreement Group, Inc. with RJN Group, Inc., in the amount of$649,574.00 for Sanitary Seer Main 36SR Drainage Area Rehabilitation and Sewer Improvements ( rou 5, Contract 2 , Part 3. It was the consensus of the City Council that the recommendation be adopted.. C-15960 There was presented Mayor and Council Robert S. Communication No. -15960 from the City Manager Bradley, AIA recommending that the City Council authorize, the City a ager to execute an agreement with Hobert S. Bradley, AI A, for a fixed fee of$25,100.0 for the CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 25 programming, design and construction administration for the renovation of the Como Community Center. It was the consensus of the City Council that the recommendation be adopted. C-15961 There was presented Mayor and Council State of Texas Communication No. C-15961 from the City Manager Department of recommending that the City Council authorize the Transportation City Manager to execute a contract with the State of Texas Department of Transportation, and a contract with Chisholm Trail Round-Up closing North Main Street from NW 23rd Street to NW 28th Street for the Chisholm Trail Round-Up. It was the consensus of the City Council that the recommendation be adopted. C-15962 There was presented Mayor and Council State of Texas Communication No. C-15962 from the City Manager Department of recommending that the City Council authorize the Transportation & City Manager to execute a contract with the State of Racefest Fort Worth Texas Department of Transportation, and a contract with RaceFest Fort Worth closing North Main Street from NT 23rd Street to NW 28th Street for the inaugural RaceFest Fort Worth to be held April 3-6, 1997. It was the consensus of the City Council that the recommendation be adopted. C-15963 T ere was presented Mayor and Council Res. # 2267 Communication No. C-15963 from the City Manager Texas recommending that the City Council: Transportation Commission 1. Cancel the North Beach Street over Minute, Order RAILTRAN project and utilize the balance in No. 106549 the Street [mprovements, Fund for the reconstruction of the Rand l dill Road bridge over Loop 820, and Ad-- CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 26 2. Authorize the City Manager to execute a Congestion Mitigation and Air Quality (CMAQ) Agreement with the Texas Department of Transportation for the reconstruction of the Randol Mill Road bridge over Loop 820, and 2. Approve the Resolution No. 2267 accepting the provisions of Texas Transportation Commission Minute Order No. 106549. It was the consensus of the City Council that the recommendation was adopted. C-15964 There was presented Mayor and Council Amendment to Communication No. C-15964 from the City Manager Wholesale recommending that the City Council authorize the Wastewater City Manager to execute an amendment to contracts Contracts with Wholesale Wastewater Customers to change for frequency of wastewater strength sampling. It was the consensus of the City Council that the recommendation was adopted. C-15965 There was presented Mayor and Council HSQ Communication No. C-15965 from the City Manager Technology recommending that the City Council authorize the City Manager to execute a contract with IISQ Technology, in the amount of $106,000.00 for the SC A A Systems Replacement at the South Holly Water Treatment Plant. It was the consensus of the City Council that the recommendation was adopted. C-15966 There was presented Mayor and Council Freese & CommunicationNo. C-15966 from the City Manager Nichols Inc. recommending that the Ciby Council authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the amount f ,""'5 ; r „:, Y CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 27 $201,000.00 for the design, easement preparation and construction staking of Big Bear Creek interceptor sewer main extension to serve the proposed Intel site. Council Member Meadows requested permission from the City Council to abstain from voting on Mayor and Council Communication No. C-15965. Council Member Woods made a motion, seconded by Council Member Webber, that Council Member Meadows be allowed to abstain. The motion carried unanimously. Council Member Woods made a motion, seconded by Council Member Webber that the recommendation be approved. Council Member Silcox said that he would oppose this motion. Council Member Woods then made a motion to delay action on this item for one week. Council Member Webber seconded and the motion carried unanimously. Council Member Silcox requested that staff present Council with all costs associated with this project. C-15967 'Where was presented Mayor and Council Res. #2268 Communication No. C-15967 from the City Manager Funds from recommending that the City Council: Teas Department of Transportation L :=adopt Resolution o. 2268 approving the receipt of funds from the Texas Department of Transportation for impraNements at Fort Worth Meacham International Airport;ort; anal CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 1997 PAGE 28 2. Authorize the City Manager to execute an Airport Project Participation Agreement governing the receipt and use by the City of funds granted by TXDOT for improvements at the Airport. On motion of Council Member Meadows, seconded by Council Member Woods the recommendation was adopted. Z-97-021 It was the consensus of the City Council that the City Council set today as the date to continue the application of Cresent Real Estate, by James W. Schell, 600 Calhoun Street, from "J" Light Industrial to "H" Business District, Zoning Docket No. Z-97-021, Mayor Pro tempore McCray asked if there was anyone desiring to be heard. Council Member Woods declared a business interest involving Crescent Real Estate and filed an affidavit. Ms. Ann Kovich of the Development Department advised Council that the notice problems were resolved. Council Member Hirt made a motion, seconded by Council Member Meadows, that the application of Crescent Real Estate, continued from March 1 , 1997, for a change in zoning of property located at 600 Calhoun Street from X Light Industrial to "B Business District, Zoning Docket N . Z-97-021 be .approved. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 199' PAGE 29 AYES: Mayor Pro tempore McCray, Council Members Silcox, Meadows, Webber and Hirt NOES: None ABSENT: Mayor Barr; Council Members Lane and Haskin NOT VOTING: Council Member Woods Citizen Ms. Tyer Green, 1204 E. Jessamine St., appeared Presentation before the City Council and requested assistance in Ms. Tyer Green resolving a dispute regarding her home. City Manager Terrell referred Ms. Green to Ms. Daphne Polk, Assistant to the City Manager. Executive Session It was the consensus of the City Council that the City Council meet in a closed session at 12:42 p.m. to seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules. a Claim of Clara Luanna Kirby Tommy Johnson et al v. City of Fort Worth et al., Cause No. 141-157405-95 c Regina Payton v. Fort Worth rifle and Pistol Clubs, Inc. and City of Fort Worth Cause No. 17-165853-96 Claim for property damages at 2909 Primrose Avenue r: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 25, 1997 PAGE 30 as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:05 p.m, G-11826 There was present Mayor and Council Settlement of Communication No, G-11826 from the City Manager Claims recommending that the City Council approve the Clara Luanna settlement of the claim filed by Clara Luanna Kirby Kirby and on behalf on herself and her minor son, Jared; minor son authorize the City Manager to expend the sum of Jared $18,500.00 for the settlement agreed to by Ms. Kirby, her attorney Rene Higginbotham-Brooks, and the City of Fort Worth; and allow the settlement check to be payable as follows: Clara Luanna Kirby and Rene Higginbotham-Brooks, attorney. On motion of Council Member Woods, seconded by Council Member Meadows the recommendation was adopted unanimously. G-11837 There was presented Mayor and Council Settlement Communication No.G-11837 from the City Manager Lawsuit recommending that the City Council. Tommy E. Johnson 1. Approve the settlement of the lawsuit styled Tommy F. Johnson v. City of Fort Worth, et at., Cause Number 141-157404-95 2$ Authorized the expenditure of$180,000.00 in order to complete the settlement payable as follows a One hundred and seven thousand dollars ($107,000.00) payable to Tommy E. Johnson and his attorney, wi da Burns; and Al CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 25, 199'7 PAGE 31 b. Seventy-three thousand {$73,000.00} payable to Providian Assignment Corporation. 3. Authorize the appropriate City personnel to execute any releases, settlement agreements and other documents necessary to complete the settlement. On motion of Council Member Woods, seconded by Council Member Hirt the recommendation was carried by the following vote: AYES: Mayor Pro tempore McCray; Council Member Woods, Meadows, Webber and Hirt NOES: Council Member Silcox ABSENT: Mayor Barr; Council Members Lane and Haskin Adjournment There being no further business, the meeting was adjourned at 1:10 p.m. Mfr o L CITY SECRETARY MAYOR