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HomeMy WebLinkAbout1997/04/15-Minutes-City Council CITY COUNCIL MEETING APRIL 15, 1997 Date & Time Can the 15th day of April, A.D., 1997, the City Council of the City of Tort Worth, Texas, met in regular session, at 10:00 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,Bill Meadows,Virginia Nell Webber, and Cathy Hirt, City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church. Council Member Jewel Woods was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Elgin Pringle, Redeeming Love Christian Center. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council of Council Member Haskin, seconded by Council Member Lane, the minutes of the regular meeting of April 8, 1997, were approved unanimously. Special Presentation Council Member Raskin presented a proclamation for Medical Laboratory Week to Jo Anne Beveridge. Council Member Webber read proclamation for Organ and Tissue Donor Awareness Weep. Withdrawn/Consent Ci y Tana r Terrell requested that Mayor an Council Communication Nos. P-8285 an P-8287 be withdrawn from the consent agenda.. City Manager Terrell requested that Mayor and Council Communication N , P-8287 be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 2 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Ceremonial Travel Mayor Barr requested approval of Ceremonial travel for himself and Council Member Hirt to fly on Mesa Airline the latter part of this month for the Presidential Summit; and on motion of Council Member Lane, seconded by Council Member Meadows, the ceremonial travel was approved unanimously. Res. # 2275 There was presented Resolution No. 2275 opposing Meet & Confer proposed Meet and Confer Legislation for Police and Legislation Fire. for Police & Fire Council Member Webber made a motion, seconded by Council Member Meadows, that the resolution be adopted. The motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore McCray; Council Members Silcox, Haskin, Meadows, Webber and Hirt NOES: Council Member Lane ABSENT: Council Member Woods Presentations/ Council Member Hirt gave a brief synopsis of the Comms. from "Don't Trash Fort Worth" Program and stated that City Council the statistics were remarkable and expressed appreciation to the citizens for sharing in the clean up of the City. She advised the audience that there would be a Hazardous Waste Clean Up conducted at 6400 Bridge Street on Saturday and stated that Berry Street Initiative oul having a parade from 10:00 a.m. to 12:00 noon. CITE'COUNCIL MEETING FORT WORTH,TEXAS APRIL 15, 1997 PAGE 3 Mayor Pro tempore Moray stated that a Pep Rally at 9.00 on Saturday would kick off the Poly Helping Poly Clean up program and stated that anyone wanting to participate should meet at 3701 Ada at the corner of Ayers. Council Member Haskin encouraged citizens to participate on Saturday by bringing Household Hazardous Waste to the location at 6400 Bridge Street. OCS-890 There was presented Mayor and Council Liability Communication No. OCS-890 from the Office of the Bonds City Secretary recommending that the City Council authorize the acceptance of the following liability bonds issued to Impact Construction,Inc.,Driveway Maintenance,Inc. of Texas,and Tereso J. Davila dba Davila Construction Company. It was the consensus of the City Council that the recommendation *be adopted. OCS-891 There was presented Mayor and Council Claims Communication No. OC -891 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. BII-0178 On the 25th of March 1997, the City Council Ord. # 12964 established today as the date to continue the benefit Assessment Paving hearing for the assessment paving of Barr Street Barr Street - Unit 1, from olt Street to Drew Street; Bolt Street- Unit t Bolt St. - Unit 11, from Barr Street to 8th :avenue: and Drew Unit 1 Drew St. - Street- Unit t11, troy Barr Strut to 6th and that Unit 1tI CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 4 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. Racquel 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; that it was staff s opinion that Devitt Street was beyond repair and that the street should be replaced; that the assessments should be waived under the new policy; and called attention of the City Council to Mayor and Council Communication No. BH-017$, which recommended that the City Council adopt Ordinance Nos. 12964, 12965, and 12966 that: 1. Closed the benefit hearing, and 2. Levied the assessments as proposed, and 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Barr Street- Unit 1, from Bolt Street to Drew Street; Bolt Street - Unit 11, from arr Street to 8th :venue; and Drew Street - Unit 111, from arr Street to 6th. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Barr Street Unit 1, from Bolt Street to Orew, Street; Bolt Street Unit 11 from Barr Street to 8th Avenue and Drew Street Unit 111, from rr Street to 6th, Council Member flirt made a motion, seconded by Mayor Pro to pore E CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 5 McCray, that the benefit hearing be closed and the recommendations adopted,waiving the assessments, for residential. The motion carried unanimously. On the 25th of March 1997, the City Council BH-0179 established today as the date to continue the benefit Ord. # 12967 hearing for the assessment paving of Hurley Avenue Assessment Paving from Elizabeth Boulevard to W. Arlington Avenue Hurley Ave. 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. Racquel 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, that it was staffs opinion that Hurley Avenue was beyond repair and that the street should be replaced; that the assessments should be waived under the new policy, and called attention of the City Council to Mayor and Council Communication No. BH-0179, which recommended that the City Council adopt Ordinance No. 12967 that: 1. Closed the benefit hearing; and 2. Levied the assessments as proposed; an . Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Hurley ,avenue from Elizabeth oulevar to << Arlington Avenue. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 6 There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Hurley Avenue from Elizabeth Boulevard to W.Arlington Avenue,Council Member Dirt made a motion, seconded by Mayor Pro tempore McCray, that the benefit hearing be closed and the recommendations adopted, waiving the assessments, for residential. The motion carried unanimously. BH-0180 On the 25th of March 1997, the City Council Ord. # 12968 established today as the date to continue the benefit Assessment Paving hearing for the assessment paving of Thannisch Thannisch Ave. Avenue from Wesleyan Drive South to Vaughn Boulevard 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. Racquel 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; that it was staffs opinion that Thannisch Avenue was beyond repair and that the street should be replaced, that the assessments should be waived under the new policy; and called attention of the City Council to Mayor and Council Communication No. B11-0180, which recommended that the City Council adopt Ordinance No. 1296 that: 1. Closed the benefit hearing; and 2. Levied the assessments as proposed: and J / CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 1 , 199'7 PAGE 7 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Thannisch Avenue from Wesleyan Drive South to Vaughn Boulevard. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Thannisch Avenue from Wesleyan Drive South to Vaughn Boulevard, Council Member Hirt made a motion, seconded-by Mayor Pro tempore McCray, that the benefit hearing be closed and the recommendations adopted, waiving the assessments,for residential. The motion carried unanimously. BH-0185 On the 18th of March 1997, the City Council Assessment Paving established today as the date for the benefit hearing N. Littlejohn Ave. for the assessment paving of N. Littlejohn Avenue from Ayers Avenue to Wallace Street; Lincoln Avenue from 24th Street to 25th Street; and Rosen Avenue Unit I from 23rd Street to Azle Avenue, and Unit II from N.W. 28th Street to Azle Avenue 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. acuel Velas uez representing the Department of Transportation and Public Works, appeared before the Cite Council and advised the City Council that the independent appraisal had been presented to Council; that it was staffs opinion that N. Littlejohn was beyond repair and that the street should be reel ce jat the assessments should CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 1 5, 199'7 PAGE 8 be waived under the new policy; and called attention of the City Council to Mayor and Council Communication No. BII-4185, which recommended that the City Council: 1. Close the benefit hearing; and 2. Waive the assessments as provided by Assessment Paving Policy Revision G-11853 approved April 1, 1997 (Regarding Community Development Block Grant Projects). There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of N. Littlejohn Avenue from Ayers Avenue to Wallace Street, Lincoln Avenue from 24th Street to 25th Street, and, Rosen Avenue Unit I from 23rd Street to Azle Avenue, and Unit II from N.W. 28th Street to Azle Avenue, Council Member Hirt made a motion, seconded by Mayor Pro tempore McCray, that the benefit hearing.be closed and the recommendations adopted, waiving the assessments, for residential. The motion carried unanimously. There was presented Mayor and Council G-11867 Communication No.C 11867 from the City Manager Ord. # 12969 recommending that the City Council: Transportation Public Works t Approve a $350,000.00.0 partial return of a Department previous transfer from the General Fund to the Contract Street ?Maintenance Fund, and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 9 2. Adopt Appropriations Ordinance No. 12969 decreasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $350,000.00 for the purpose of providing funding for the purchase of paving materials. It was the consensus of the City Council that the recommendation be adopted. G-11868 There was presented Mayor and Council Special Communication No.G-11868 from the City Manager American recommending that the City Council authorize the Business City Manager to apply to the Department of Internship Commerce for an intern through the Special Training American Business Internship Training Program Program (SABIT). It was the consensus of the City Council that the recommendation be adopted. G-11869 There was presented Mayor and Council Ord. # 12970 Communication No. G-11869 from the City Manager Street Lights recommending that the City Council: on Dottie Lynn Parkway 1. Authorize the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the City of Arlington, Texas permitting the installation of street lights along the Dottie Lynn Parkway within the Arlington city limits by 6q, forces, an 2. Authorize Transportation/Public Works Department to collect payment from the City of Arlington of $33,320.00 to cover all costs associated with the installation of 13 street lights on approximately imately 269 feet of Dottie Lynn Parkmeav located within the city= limits of Arlington, and CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 15, 1997 PAGE 10 3. Adopt appropriations Ordinance No. 12970 ncreasing the estimated receipts and appropriations in the Streets Lights and Signals Fund in the amount of $33,320.00 from available funds for the purpose of funding an Interlocal Agreement with the City of Arlington for installation of Street Lights along Dottie Lynn Parkway. It was the consensus of the City Council that the recommendation be adopted. G-11870 There was presented Mayor and Council DFW Communication No. G-11870 from the City Manager Railtran recommending that the RAILTRAN Policy System Committee recommends that the City Council: 1. Rescind M&C G-10968, approved on February 7, 1995, approving the proposed alignment and station sites for the RAILTRAN commuter rail service to be implemented by the Fort Worth Transportation Authority; and 2. Approve the proposed alternative plan alignment for the RAILTRAN commuter rail service, and 3. Approve proposed station locations at: the Building, at Jones Street between 8th and 12th Streets, and in the northeast quadrant of Bell Spur and the RAILTRAN line. OTIR CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 11 J. Scott Tindall Mr. J. Scott Tindall, 8011 Grove Street, appeared before the City Council and expressed that he was in agreement with the alignment change, which would in fact save ten million dollars, but advised Council that he was against the Bus Transfer Center Location. Alice Marie Lewis Ms. Alice Marie Lewis, representing the Tarrant County Historical Commission, 1407 Grand, appeared before the City Council and advised Council that the Commission supports using the Old T&P Depot Station and suggested approval of the original T's plan. Richard Minker Mr. Richard Minker, representing the Beckman Family, 1200 Summit Avenue, appeared before the City Council and advised them that the owner had the same concern expressed by Mr. Tindall. Council Member Meadows made a motion,seconded by Council Member Haskin,that Mayor and Council Communication No. G-11870 be adopted. The motion carried by the following vote. AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Raskin, Meadows, Webber and Hirt NOES: Council Members Lane and Silcox ABSENT: Council Member Woods CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 1 , 1997 PAGE 12 G-11871 City Secretary Church advised Council and the Settlement of audience that Mayor and Council Communication Conzalez & No. G-11871 would be continued until after the Cruz continued executive session. until after executive session G-11872 There was presented Mayor and Council Proposed Communication No. G-11872 from the City Manager Reinvestment recommending that the City Council authorize the Zone No. City Manager to: Twenty Eight 1. Set Tuesday, April 22, 1997, at 10.00 a.m., as the date and time for a public hearing before City Council concerning: {a} the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone Number 28 for tax abatement purposes, and (b) the boundaries of the proposed zone, 2. Authorize the City Manager to give notice of the public hearing as required by state law. On motion of Council Member Meadows, seconded by Council Member Lane, the recommendation was adopted unanimously. G-11873 There was presented Mayor and Council Ord. # 129771 Co a icatio No. G11 73 from the City Manager "Registration of recommending that the City Council adopt Off-Premise Ordinance No. 1:2971 amending Chapter 29 of the Signs' Code of the City of Fort Worth, "Signs" by adding See. 29-31, "Registration istration of Off-Premises Signs", requiring the registration of _ .-Premises Signs and establishing procedures for registration; ending Sec. 29-3. "Definitions", to add a definition of"Off- r CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 13 Premises Sign". On motion of Council Member Raskin, seconded by Council Member Silcox, the recommendation was adopted. P-8285 There was presented Mayor and Council Sewer Communication No. P-8285 from the City Manager Cleaning recommending that the City Council authorize the Equipment purchase of sewer cleaning equipment from the responsible vendors based on low bid meeting specifications, Lo.b. Fort Worth, freight no charge and payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. City Manager Terrell advised Council of an amendment to be made to Mayor and Council Communication No. P-8285, stating that the Recommendation Section should be amended to delay Item #5 which would reduce the total award figure from $918,026.00 to $353,807.00. Council Member Laskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. P-8285 be adopted, as amended. The motion carried unanimously. P-8286 There was presented Mayor and Council Automotive & Communication No. -8286 from the City tanager Truck Parts recommending that the City Council authorize a purchase agreement for automotive and true parts for the City Services Department with multiple vendors based on low bid of discounts and payment terms net 30 days, f.o.b. destination, freight no charge,with agreement to begin April 15, 1997, and end April 14, 1"8,with tw o options to renew for one year each. It was the consensus of the Cit y Council that the recommendation be adopted. f � l CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 15, 1997 PAGE 14 P-8287 There was presented Mayor and Council Automotive & Communication No. P-8287 from the City Manager Truck Tires recommending that the City Council authorize a purchase agreement for automotive and truck tires for the City Services Department with Gray's Wholesale Tire Distributors based on low bid of unit prices, f.o.b. destination, freight no charge, with agreement to begin April 15, 1997, and end April 14, 1998,with two options to renew for one year each. It was the consensus of the City Council that it be continued for one week. P-8288 There was presented Mayor and Council Metal Doors & Communication No. P-8288 from the City Manager Hardware recommending that the City Council authorize a purchase agreement for metal doors & hardware with Thornton Industries for the City of Fort Worth, based on low bid of unit prices, with payment terms net 30 days, f.o.b. vendors dock, freight no charge with agreement to begin April 8, 1997, and end April 7, 1998,with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. P-8289 There was presented Mayor and Council Badger Meter, Communication No. P-8289 from the City Manager Inc. recommending that the City Council authorize a sole source purchase agreement to provide Badger meter arts, equipment, re air and ser-vice for the eater Department with Badger Meters,Inc,,with payment ent terms net 30 days, Lo.b. Tulsa, Oklahoma, freight prepaid and added to invoice with agreement to begin April 15, 1997, and end April 14, 1998, with o one-year options to renew. It was the consensus of the Ci . Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 15 P-8290 There was presented Mayor and Council PVC Pipe, Communication No. P-8290 from the City Manager Cement recommending that the City Council authorize a Primer, purchase agreement with multiple vendors to Valves & provide pvc pipe, cement primer,valves and fittings Fittings for the City of Fort Worth, on bid of discounts from list prices and unit prices with agreement to begin April 15, 1997, and end April 16, 1998,with two one- year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8291 There was presented Mayor and Council ITT Communication No. P-8291 from the City Manager Industries recommending that the City Council authorize a Flygt Model purchase of ITT Industries Flygt model 4680 4680 submersible mixer for the Water Department from Submersible ITT Industries Company based on sole source bid Mixer not to exceed $16,642.00. It was the consensus of the City Council that the recommendation be adopted. P-8292 There was presented Mayor and Council Parts & Communication No. P-8292 from the City Manager Services recommending that the City Council authorize the for the purchase of parts and services for the overhaul of#7 Overhaul of White Superior engine from Cooper Energy Services #7 White for the Water Department, Village Creep Superior Wastewater Treatment Plant for an amount not to Engine exceed $125,000.00. It was the consensus of the City Council that the recommendation be adopted. P-8293 There was presented Mayor and Council One 6' Communication No. P-8293 from the City Manager Trailer recommending that the City Council authorize the purchase of one trailer for use as a mobile collection unit for the Environmental Resource CITY COUNCIL MEETING FORT WOR'T'H,TEXAS APRIL 15, 1997 PAGE 16 Collection Center, on low bid, for an amount not to exceed $19,906.78, fo.b. destination, freight no charge and payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. L-11950 There was presented Mayor and Council Acquisition Communication No.L-11950 from the City Manager of one recommending that the City Council approve the permanent acquisition of one permanent and one temporary easement & construction easement from Bailey Properties, Ltd. one temporary out of the R. Crawley Survey, Abstract No.313, part construction of Block 1 at a total cost of $16,000.00 for both easement easements. It was the consensus of the City Council that the recommendation be adopted. L-11951 There was presented Mayor and Council Sublease by Communication No. L-11951 from the City Manager Texas Avionics, recommending that the City Council authorize the Inc. dlbla Texas City Manager to execute a Consent to Sublease Aviation Services Agreement between Texas Aviation Services and Qualiflight Training, Inc., for Texas Aviation Services' sublease Hangar 4N at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-11952 There was presented Mayor and Council Conveyance Communication No. L-11952 from the City Manager of property to recommending that the City Council authorize the Centreport City Manager to execute the appropriate deed Venture, Inc. conveying the property to CentrePort Venture, Inc., Lot 2, Block 201 A Lot 2, Block 201A, Area 2, Section 1, CentrePort accept $10.00 as just compensation; and authorize the acceptance of an aigation easement and release from Ce trePort Venture, Inc. covering CITY COUNCIL MEETING FORT WORTH, TEAS APRIL 15, 299'7 PACE 17 the same property in favor of the Cities of Fort Worth and Dallas and the DEW Airport Board. It was the consensus of the City Council that the recommendation was adopted. L-11953 There was presented Mayor and Council Conveyance Communication No. L-11953 from the City Manager of property recommending that the City Council authorize the to CentrePort City Manager to execute the appropriate deed Venture, Inc. conveying the property to CentrePort Venture,Inc., Lot 4, Block 201A, accept $10.00 as just compensation, and authorize Area 2, Section I the acceptance of an avigation easement and release Centreport from CentrePort Venture, Inc., covering the property in favor of the Cities of Fort Worth and Dallas and the DFW Airport Board. It was the consensus of the City Council that the recommendation be adopted. L-11954 There was presented Mayor and Council Acquisition of Communication No.L-11954 from the City Manager two temporary recommending that the City Council declare the construction necessity of taking an interest in certain properties easements for widening of the Martha Lane Channel, and authorize the institution of condemnation proceedings by the City Attorney to acquire interest in the land. Council Member Haskin expressed appreciation to Mr.Tony S olola of the Engineering Department for services above and beyond the call of duty in negotiation with homeowners for temporary easements for the widening of Martha Lane Channel. �x CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 15, 1997 PAGE 18 Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. L-11954 be approved. The motion carried unanimously. PZ-1958 There was presented Mayor and Council Right-of-Way Communication No.PZ-1958 from the City Manager Dedication &c recommending that the City Council. Release of Easement 1. Approve and accept a Release of Easement for a temporary roadway easement containing 0.272 acres of land situated in the James Eads Survey, Abstract No. 410, and 2. Approve and accept a Release of Easement for a temporary roadway easement containing 3.282 acres of land situated in the James Eads Survey, Abstract No. 410, and 3. Approve and accept a Dedication Deed dedicating 0.469 acres of right-of-way dedicated for Eagle Parkway abutting the westerly right-of-way of Interstate Highway No. 35W. It was the consensus of the City Council that the recommendation was adopted.. C-15990 There was presented Mayor and Council Terminate Communication No.C-15990 from the City Manager Consent recommending that the City Council approve the Agreements agreement to terminate consent agreements with with Texas Texas Wesleyan University. It was the consensus of Wesleyan the Ci x Council that the recommendation be University adopted. ll AM, IN CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 19 C-15991 There was presented Mayor and Council Inter-Local Communication No. C-15991 from the City Manager Agreement recommending that the City Council approve an with North- amendment to the inter-local agreement with North Central Texas Central Texas Council of Governments for Fiscal Council of year 1996197 administrative support of the regional Governments storm water management program in the amount of $24,053.00. It was the consensus of the City Council that the recommendation be adopted. C-15992 There was presented Mayor and Council Roof Communication No. C-15992 from the City Manager Replacement recommending that the City Council authorize the with A.A. City Manager to execute a contract with A.A. Applicators, Inc. Applicators,Inc.,for the replacement of the roofs on eight City facilities located at the Southeast Service Center (3), Downtown Service Center (3), the Russom Ranch Pump Station and the Water Department Garage in the amount of$239,869.00. It was the consensus of the City Council that the recommendation be adopted. C-15993 There was presented Mayor and Council J.C. Evans Communication No. C-15993 from the City Manager Construction, Inc. recommending that the City Council authorize the City Manager to execute a contract with J.C. Evans Construction, Inc., in the amount of$346,398.00 for Sanitary Sewer Main 1-219, Drainage area Rehabilitation and Sewer Improvements, Part 11, Unit 4-Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-1,5994 There was presented Ma yor and Council Mid State Communication No.C-1599.4 from the City Manager Utilities, I c. recommending that the Cite Council authorize the City Manager to execute a contract with Mid State A tam 60 CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 20 Utilities, Inc. In the amount of $1,186,768.00 for Sanitary Sewer Main 131A Drainage Area Rehabilitation and Sewer System Improvements, (Group 4, Contract 3), Part V. It was the consensus of the City Council that the recommendation be adopted. C-15995 There was presented Mayor and Council Change Order Communication No. C-15995 from the City Manager No. 1 recommending that the City Council authorize the Conatser City Manager to execute Change Order No. 1 in the Construction, Inc. amount of$31,480.00 with Conatser Construction, Inc., for additional work, increasing the total contract amount to $1,249,034.00. It was the consensus of the City Council that the recommendation be adopted. C-15996 There was presented Mayor and Council Geotechnical & Communication No. C-15996 from the City Manager Construction recommending that the City Council authorize the Materials City Manager to execute requirements contract with Testing the firm of Furgo-McClelland, Inc., for geotechnical Services with and materials testing services for a period of Furgo-McClelland, eighteen months with an aggregate fee not to exceed Inc. $150,000.00. It was the consensus of the City Council that the recommendation be adopted. C 15997 There was presented Mayor and Council Ord. # 12972 Communication No.C-15997 from the City Manager Austin- recommending that the City Council: Hoffman Appraisal I. Authorize the City Manager to execute a Real Services & estate Appraisal Review Contract with Cornerstone Austin-Huffman Appraisal Services Appraisal Borne .N one Appraisal l C m any, for a fee not Company CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 21 to exceed $15,700.00, to provide written Review Appraisal Reports establishing just compensation to be paid for avigation easements at Alliance Airport, and 2. Adopt Appropriation Ordinance No. 12972 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$3,888,888.89 from available funds for the purpose of funding a contract with Austin-Huffman Appraisal Services & Cornerstone Appraisal Company for review appraiser assignment for the Noise Mitigation program at Alliance Airport, and 3. Establish grant sponsors matching funds using previous land donation credit in the amount of $388,888.89 to comply with FAA grant matching funds requirements. It was the consensus of the City Council that the recommendation be adopted. C-15998 There was presented :Mayor and Council Ord. # 12973 Communication No. C-15998 from the City Manager Circle "C" recommending that the City Council: Construction Inc. 1. Authorize the City Manager to transfer $282,772.50 fro the Water & Sewer Operating Fund to the eater Capital Project Fund, and 2. Adopt Appropriations Ordinance No. 12973 increasing t he estimated receipts and appropriations in the Water Capital l Projects Fund in the amount of $28 from available funds for the urs of funding the A CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 1 , 1997 PAGE 22 construction of water rehabilitation in Whitehall Street from Miller Avenue to Pate Drive and Tamworth Road from North of Spring Hill Road to Brants Lane, and 3. Authorize the City Manager to execute a contract with Circle "C" Construction, Inc., in the amount of$251,352.50 for the construction of Water Rehabilitation Contract "KK" (Whitehall Street from Miller Avenue to Pate Drive and Tamworth from North of Spring Road to Brants Lane). It was the consensus of the City Council that the recommendation be adopted. C-15999 There was presented Mayor and Council Engineering Communication No. C-15999 from the City Manager Agreement recommending that the City Council authorize the with Freese & City Manager to execute an engineering agreement Nichols, Inc. with Freese & Nichols, Inc., for the Electrical Improvements Study for the Holly Water Treatment Plants,the Rolling Hills Water Treatment Plant and Related Booster Pump Stations, for a total fee not to exceed $329,977.010. Council Member Meadows requested permission of the City Council to abstain from voting on ;Mayor and Council Communication No. C-15999 inasmuch as his firm had a business relationship ith Freese Nichols, Inc. Council Member Raskin made a motion, seconded Council Member Silcox, that Council Member ea to vs be permitted to abstain from `otir on Mayor and "ou l Communication No. C-1 5999., The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 23 Mayor Pro tempore McCray made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-15999 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray, Council Members Lane, Silcox, Haskin, Webber and Hirt NOES: None ABSENT: Council Member Woods NOT VOTING: Council Member Meadows C-16000 There was presented Mayor and Council Consent Communication No. C-16000 from the City Manager Agreement recommending that the City Council authorize the with Gold City Manager, or his designee, to enter into a Graphics Consent Agreement to permit installation of banners on city-owned street lights poles to promote the MasterCard Colonial Golf Tournament, said banners may be displayed for varying times during the period April 21, 1997, through May 27, 199'7, on Colonial Parkway from university to Colonial Country Club; University from the Trinity River Bridge to Park.Hill; university from Harley Avenue to Lancaster; Lancaster from University to the east bank of the Trinity fiver; the 7th Street bridge over the Trinity River; Camp Bowie from Montgomery to Hulen and Hulen from Overton Plaza to Hulen Bend. On motion of Council Member Lane, seconded Mayor Pro tempore Mc 'ray the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 15, 1997 PAGE 24 Citizen Presentations Ms.Judy Lundgren, 1700 Sunset Terrace; Dr. Susan Judy Lundgren, Wynn, and Mr. Tom Torlincasi, 5504 Collinwood Susan Wynn and Tom Avenue,appeared before the City Council in support Torlincasi of the proposed Smoking Ordinance. Stephen Tatum, Stephen Tatum,21 Westover Road; Patrice Rankin, Patrice Rankin, and 5825 Forest Highlands Drive; and Susanna Gorski, Susanna Gorski 3508 Dorothy Lane, appeared before the City Council and advised them of the fact that it was too easy for students to obtain cigarettes, stated that no one monitors cigarette vending machines; and requested that the City Council give favorable consideration to the proposed smoking ordinance. Catherine Anderson Ms. Catherine Anderson, 5105 Sunscape Lane, appeared before the City Council and expressed opposition to the proposed smoking ordinance. She advised Council of her concern regarding the make up of the ad hoc committee and inquired whether or not their meetings were open to the public. Sharon Armstrong Ms. Sharon Armstrong,4605 Virgil,appeared before the City Council and advised Council of the fact that some of the shelters were charging the homeless individuals while receiving CDBG funding. Mayor Pro tenpore McCray requested that M . Armstrong provide him with a list of the shelters (name and address) that were charging individuals. City NIanager Terrell referred Ms. Armstrong to Pamela Ware gooks in Intergovernmental Affairs, advising her that she could provide her with a list of all of the shelters that the City, fund. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 15, 1997 PAGE 25 Executive It was the consensus of the City Council that they Session meet in a closed session at 11:23 a.m. for the following purposes to seek the advice of its attorneys concerning the following pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) William E. :Harty, John Powell and Gary D. Wigley v. City of Fort Worth Cause No. 96-156098-94 b) In Re; Springchase Apartments Limited Partnership Cause No. 496-41316-MT- 11 c) In Re: Trinidad Apartments Limited Partnership Cause No. 496-412$4-MT- 11 d) Cruz v. City of Fort Worth Cause No. 96-70070-3 e) Gonzalez v. City of Fort Worth, et al. Cause No. 96-69420-1 Astraca Aviation Services, Inc., d/ba alfort Aviation v. United States Department of Transportation Cause No. 96-60802 g) Claim for property damages at 2909 Primrose Avenue as authorized by etio t. i of the Texas Government Cole. r CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 15, 1997 PAGE 26 2. To deliberate the purchase,exchange, lease or value of real property as authorized by Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party. The City Council reconvened at 12:15 p.m. G-11$71 There was presented Mayor and Council Settlement of Communication No. G-11871 from the City Manager Gonzalez & recommending that the City Council: Cruz 1. Approve the settlement of the lawsuits, and 2. Authorize the City Manager to expend the sum of$22,000.00 for the settlement agreed to by Dope Cruz on behalf of her minor daughter Priscilla Cruz, her attorney, and the City of Fort Worth, and 3. Authorize the City Manager to expend the sum of$26,000.00, plus an additional amount not to exceed $2,000.00 for ad litem fees and court costs, for the settlement agreed to by Ro alinda Gonzalez and Julio Gonzalez on behalf of their minor son, Johnny Gonzalez, their attorney, and the City of Fort forth, an 4. The monies will be distributed as directed by the courts. On motion of Council Member Lane, seconded b y Council Member Haskin, the recommendation was adopted unanimously. l led 611 CITY COUNCIL MEETING PORT WORTH, TEAS APRIL 15, 1997 PAGE 27 Adjournment There being no further business, the meeting was adjourned at 12:20 p.m. CITY SECRETARY MAYOR