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HomeMy WebLinkAbout1997/08/26-Minutes-City Council CITY COUNCIL MEETING AUGUST 26, 1997 Date & Time On the 26th day of August, A.D., 1997, the City Council of the City of Fort 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 Haskin, Clyde Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; 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 Mr. Don Davis, Western Kills Church of Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of August 19, 1997, and the Special City Council meeting of August 21, 1997, were approved unanimously. Special Presentation Council Member Haskin presented a proclamation for TCU Frog Club to Hal Roach, Ken Kellam, Pat Vinsant and Jo Glover. Council Member Lane presented a proclamation for 41st Annual Pioneer Days to Hub Baker and Jay Downie. Announcements Council Member Hirt announced and expressed congratulations to the Berry Street Initiative Program for their efforts in the opening of the Police Store front located on Berry and the opening of the TCI Bookstore in conjunction with Barnes and Nobles and tarcks. ARAB, CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 2 Council Member Wentworth gave a brief report of the Economic Development Committee. Council Member Picht announced the activation of his web site and invited constituents to contact him. Council Member McCloud announced that his Council Assistant, Kathleen Hicks, was going to be on a temporary leave of absence to go to Kenya to work in a refugee camp for approximately six weeks. Council Member Silcox gave a brief report on the Facilities and Infrastructure Committee. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. C-16201 be continued for three weeks. Consent Agenda On motion of Council Member Baskin, seconded by Mayor Pro tempore McCray, the consent agenda, was adopted unanimously. Res. #2329 There was presented Resolution No. 2329 Opposing Opposing Legislative Riders that would undermine the Wright Legislative Amendment. On motion of Council Member Lane, Riders - seconded by Council Member Silcox, the resolution, Wright was adopted unanimously. Amendment OCS-922 There was presented Mayor and Council Claims Communication No. OCS-922 irom the Office of the Cite 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. CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 3 G-11976 There was presented Mayor and Council Partial Communication No.G-11976 from the City Manager Historic recommending that the City Council approve the Sites owners' applications for partial tax exemption for Tax 2104 Fairmount Avenue, 1904 Washington Avenue, Exemption 1725 Hurley Avenue, 1624 South Henderson Street, 2104 Washington Avenue, 1600 Alston Avenue, 1825 Alston Avenue,2108 Fairmount Avenue, 1612 South Adams Street, 2245 Hurley Avenue, 1712 South Henderson Street, 1463 W. Myrtle/1501 Hurley Avenue, 2101 Hurley Avenue, 1928 Hurley Avenue, 2230 Fifth Avenue, and 2640 6th Avenue. It was the consensus of the City Council that the recommendation be adopted. G-11977 There was presented Mayor and Council Partial Communication No.G-11977 from the City Manager Historic recommending that the City Council verify the Sites Tax owners' applications for partial tax exemption for Exemption 910 Houston Street,2304 Medford Court West, 1205 Hawthorne Avenue, 1500 Washington Avenue,2019 Lipscomb Street, 2250 College Avenue, 2314 Lipscomb Street and 1220 Hawthorne Avenue. It was the consensus of the City Council that the recommendation be adopted. G-11978 There was presented Mayor and Council Ord. # 13133 Communication No.GI 1978 from the City Manager Contractual recommending endin that the City Council adopt Payment from r inance No. 13133 increasing the estimated Ken Moore receipts and appropriations in the Special Trust Enterprises, Inc. Fund in the amount of $12,582.32 from available funds for the purpose of funding improvements to Concession Operations; purchasing improvements or equipment; and advertising, marketing and promoting usage of Will Rogers, Memorial Center. It was the consensus of the City, Council that the recommendation be adopted. A la r CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 4 G-11979 There was presented Mayor and Council Ord. # 13134 Communication No.G-119'79 from the City Manager Texas recommending that the City Council. Natural Resource 1. Authorize the City Manager to submit an Conservation application for, and accept if offered, a grant Commission from the Texas Natural Resource Conservation Commission (TNRCC) for a used oil collection program for the Department of Environmental Management in the amount of$29,145.00, and 2. Authorize a non-interest bearing interfund loan from the General Fund to the Grant Fund in the amount of$29,145.00 for interim financing of this grant project pending contract execution, and 3. Adopt Appropriation Ordinance No. 13134 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$29,145.00 subject to the receipt of the Grant from the 'Texas Natural Resource Conservation Commission for the purpose of funding a Used Oil Collection Program. It was the consensus of the City Council that the recommendation be adopted. G-11980 There was presented Mayor and Council Ord. # 13135 Communication No. G-119 0 from the City Manager Ord. # 13136 recommending that the City Council.- Additional Environmental 1. Adopt Supplemental Appropriating Clean-Up Costs Ordinance No. 13135 $62,000.00 to the Hillside General Fund,and decreasing the unrese °e Development undesignated general fund balance by the Housing Project V N CITY COUNCIL MEETING FLIRT WORTH, TEXAS AUGUST 26, 1997 PAGE 5 same amount for the purpose of providing funding for Environmental dean-up on the Hillside Development Housing Project, and 2. Approve the transfer of$62,000.00 from the General Fund to the Street Improvements Fund, and 3. Adopt Appropriation Ordinance No. 13136 increasing the estimated receipts and appropriations in the Street Improvements Fund in the amount of $62,000.00 from available funds for the purpose of funding the Hillside Development Housing Project environmental clean-up overruns. 4. Authorize the City Manager to reimburse Downtown Fort Worth Initiatives $62,000.00 for additional environmental clean-up costs on the Hillside project. On motion of Council Member Hirt, seconded by Mayor Pro tempore McCray the recommendation be adopted. P-8385 'There was presented Mayor and Council Purchase - Communication No. P-8385 from the City Manager Microfilm recommending that the City Council authorize the Bader/ purchase of one microfilm reader/printer from printer & Racom Information Technologies and the trade-in of Trade-In an old Canon MPSO for the Library Department based on low bid for an amount not to exceed $15,367.00, net 30 days, freight on board destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 26, 1997 PAGE 6 P-8386 There was presented Mayor and Council Purchase - Communication No. P-8386 from the City Manager American recommending that the City Council authorize a sole Sigma source purchase agreement with American Sigma to Flow Meters, provide American Sigma flow meters, parts and Parts, repair service for the Water Department, with Service & payment terms net 30 days, fo.b. Medina, New Repair York, freight allowed with agreement to begin August 26, 1997, and end August 25, 1998,with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. L-12041 There was presented Mayor and Council Condemnation Communication No. L-12041 from the City Manager of easements recommending that the City Council declare the necessity of taking an interest in various properties and authorize the City Attorney to institute condemnation proceedings to acquire interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-12042 There was presented Mayor and Council Acquisition of Communication No.L-12042 from the City Manager easements recommending that the City Council approve the acquisition of seven permanent utility easements and seven temporary construction easements required for construction of a sanitary sewer line to divert the flow Elizabeth Creek Watershed into White Branch Watershed at a total cost of $34,270.00 plus estimated closing costs of $4,725.0 . It was the consensus of the City Council that the recommendation be adopted. It appeared to the City Council that they set today as the date for a public hearing regarding the o�t� ester 11 ii l tiii Easement at erfi�l s Park. Mayor Barr asked ifthere was anyone present desiring to e heard. 4 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 26, 1997 PAGE 7 Mr. Richard Zavala, Director of the Park and Community Services Department, appeared before the City Council and presented a staff report and advised Council that this public hearing was to receive comments from citizens,and called attention of the Council to Mayor and Council Communication No. L-12043, as follows: L-12043 There was presented Mayor and Council Southwestern Communication No.L-12043 from the City Manager Bell Utility recommending that the City Council authorize the Easement City Manager to execute an easement for the construction of Southwestern Bell Telephone underground facilities and equipment panel in Summerfields Park, in accordance with Chapter 26 of the Texas Parks and Wildlife Code and this public hearing, and find that there is no feasible and prudent alternative to the easement, and find that the project includes all reasonable planning to avoid harm to the parkland. There being no one else present desiring to be heard regarding the hearing for Southwestern Bell Utility Easement at Sumerfields Park, Council Member Hakin made a motion, seconded by Council Member Lane, that the hearing be closed and the recommendations adopted. The motion carried unanimously. PZ-1979 There was presented Mayor and Council Ord. # 1313 Communication No.P 19 79 from the City Manager Easement recommending that the City Council adopt Vacation Ordinance No. 13137 vacating a variable width emergency access and utility easement situated on Lot 2A, Block 2, Texas Industries Addition No. 2, to the Gor of fort Worth texas. It was the consensus of the Ciq Council that t' e recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 8 PZ-1980 There was presented Mayor and Council Ord. # 13138 Communication No.PZ-1980 from the City Manager Street Right-Of-Way recommending that the City Council adopt Vacation & Public Ordinance No. 13138 vacating street rights-of-way Open Space dedicated for W. Fifth Street situated on Lot A-1, Easement Vacation Block 16, Evans-Pearson Westwood Addition, and Lot A, I .M.Van Zandt's Addition; and public open space easement situated on Lot A-1,Block 16, Evans- Pearson Westwood Addition, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. C-16201 There was presented Mayor and Council Demolition of Communication No. C-16201, dated July 29, 1997, Substandard from the City Manager. Structure - Continued It was the consensus of the City Council that Mayor for 3 weeks and Council Communication No. C-16201 be continued for three weeks. C-16241 There was presented Mayor and Council Aircar, Inc. Communication No. C-16241 from the City Manager Limousine recommending that the City Council authorize the Service City Manager to execute a contract with Aircar,Inc. to provide limousine service in Fort Worth for a period of one year, beginning upon the execution of the contract with an option for a one-year renewal. It was the consensus of the City Council that the recommendation be adopted... C-16242 There was presented Mayor and Council Paste Communication No. C-16242 from the City Manager Management recommending that the Cite Council authorize the of Texas, Inc. City Manager to renew a contract with Waste Management ent of Texas, Inc., for the continuing CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 9 performance of daily operations at the City's Southeast Landfill for a period of five years, beginning October 1, 1997, and ending September 30, 2002. It was the consensus of the City Council that the recommendation be adopted. C-16243 There was presented Mayor and Council Encroachment Communication No.C-16243 from the City Manager 3225 S. Main St. recommending that the City Council authorize the City Manager, or his designee, to enter into a standard consent agreement with C.F. One Leasing, Ltd. for the installation of two elevated bridges in the alley to the east of 3225 S. Main Street. It was the consensus of the City Council that the recommendation be adopted. C-16244 There was presented Mayor and Council Encroachment Communication No. C-16244 from the City Manager 1012 N. Main St. recommending that the City Council authorize the City Manager, or his designee, to enter into a standard consent agreement with Ellis Pecan Company, with agreement to authorize use of the right-of-way for a portion of a sign. It was the consensus of the City Council that the recommendation be adopted. C-16245 There was presented Mayor and Council Anchor Roofing Communication No.C-16245 from the City Manager Systems recommending that the City Council authorize the Cite Manager er to execute a contract with Anchor Roofing Systems, for Project VOA, for roof replacement on the warehouse and the Scum Incinerator -Buildings at the Village Creep 'Waste `eater Treatment Plant in the amount of$94,620.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 26, 1997 PAGE 10 C-16246 There was presented Mayor and Council Amendment with Communication No. C-16246 from the City Manager Carter & Burgess, recommending that the City Council authorize the Inc. Carson-Salcedo City Manager to enter into contract amendments McWilliams, Inc. & with the firms of Carter& Burgess, Carson-Salcedo J.B. Davies & McWilliams,Inc.and J.B.Davies&Associates,Inc., Associates, Inc. increasing the limits of each contract by $100,000.00 to a new total of $200,000.00 each. It was the consensus of the City Council that the recommendation be adopted. C-16247 There was presented Mayor and Council Davila Communication No.C-16247 from the City Manager Construction, Inc. recommending that the City Council authorize the City Manager to execute a construction contract with Davila Construction, Inc., in the amount of $275,996.00 for the construction of water and sewer improvements in 6th Avenue from Drew Street to Biddison Street. It was the consensus of the City Council that the recommendation be adopted. C-16248 There was presented Mayor and Council Rimrock Communication No.C-16248 from the City Manager Enterprises, Inc. recommending that the City Council authorize the City Manager to execute a one-year contract for tree removal and stump routing with Rimrock Enterprises,Inc.,P.Q.Box 158,Justin, Texas 76247, in an amount not to exceed $94,650.00 with an optional one year renewal. It was the consensus of the City Council that the recommendation be adopted. C-16249 There was presented Mayor and Council Tarrant County Communication No. C-16249 from the City Manager Municipalities recommending that the City Council authorize the Rabies Head City Manager to accept and execute the revise Shipment t terl c l Agreement behmen the City of Fort CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 11 Worth and other Tarrant County municipalities for the purpose of animal head shipment for suspected rabies testing. It was the consensus of the City Council that the recommendation be adopted. C-16250 There was presented Mayor and Council Ord. # 13139 Communication No.C-16250 from the City Manager Freeman Roofing & recommending that the City Council: Construction 1. Adopt Supplemental Appropriation Ordinance No. 13139 appropriating $247,731.53 to the Insurance Fund, and decreasing the unreserved, undesignated Insurance Fund balance by the same amount for the purpose of providing funding for a contract with Freeman Roofing and Construction for the replacement of metal roofs at eight facilities, and 2. Authorize the City Manager to execute a contract with Freeman Roofing and Construction, for roof replacement at eight facilities including Add Alternate No. I.,in the amount of$415,000.00. It was the consensus of the City Council that the recommendation be adopted. C-16251 There was presented Mayor and Council Change Order Communication No.C-16251 from the City Manager No. 2 - Cajun recommending that the City Council authorize the Contractors, Inc. City Manager to execute Change Order No. 2 to City Secretary Contract No. 22110, with Cajun Coutraciors, Inc., for the Village Creek Wastewater Treatment Plant Digester has Improvements-,Phase CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 26, 1997 PAGE 12 IVC2, in the amount of $242,975.39, revising the total contract cost to $9,079,948.87. It was the consensus of the City Council that the recommendation be adopted. C-16252 There was presented Mayor and Council Rejection of Communication No. C-16252 from the City Manager bids -Abandoned recommending that the City Council authorize the Riverside City Manager to reject all bids for the general clean- Wastewater up of the abandoned Riverside Wastewater Treatment Plant Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. C-16253 There was presented Mayor and Council Release of lien Communication No.C-16253 from the City Manager recommending that the City Council authorize the City Manager to execute a release of lien, Lot 2B, Block 6,of Carter Industrial Park Addition (5 acres). It was the consensus of the City Council that the recommendation be adopted. C-16254 There was presented Mayor and Council Maintenance Communication No.C-16254 from the City Manager Agreement recommending that the City Council authorize the with Itron, Inc. City Manager to execute a sole source agreement with Itron Inc. for maintenance support of the Automated Route Management and Meter Reading System (ARM-MRS), consisting of 18 Data Caps (hand-held units) and one personal computer with licensed software, for a total not to exceed $25,000.00, with agreement to begin September 1, 1997, and end August 31, 1998. It was the consensus of the City Council that the recommendation be adopted. r. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 26, 1997 PAGE 13 C-16255 There was presented Mayor and Council CDBG with Communication No. C-16255 from the City Manager Mental Health recommending that the City Council authorize the Association City Manager to execute a CDBG Year NXIII Long-Term contract with the Mental health Association to Ombudsman administer its Long-Term Ombudsman Program for Program the contract period June 1, 1997, to May 31, 1998, for $17,500.00. It was the consensus of the City Council that the recommendation be adopted. C-16256 There was presented Mayor and Council Ord. # 13140 Communication No.C-16256 from the City Manager F.J.M. Properties, recommending that the City Council: L.L.C.I. 1. Adopt Appropriation Ordinance No. 13140 increasing the estimated receipts and appropriations by $296,512.00 in the Special Assessments a Fund and in the New Development Fund from available funds for this purpose of funding a Community Facilities Agreement with F.J.M. Properties, L.L.C. of Wichita, Kansas for the installation of Community Facilities - Riverside Drive at Sumerfields, and 2. Authorize the transfer of$296,512.00 from the Special Assessment Fund to the New Development Fund, and 3. Authorize the City Manager er to execute a Community Facilities Agreement with the developer, F.J.M. Properties, L.L.C. of Wichita, Kansas for the installation of community facilities for Riverside Drive at Summerfields Boulevard. CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 14 Council Member Silcox expressed opposition to the City's cost included in Mayor and Council Communication No. C-16256, stating that it was the responsibility of the developer instead of the City. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C-16256 be adopted. The motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore McCray; Council Members Lane, Haskin, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Silcox ABSENT. None C-16257 There was presented Mayor and Council Ord. # 13141 Communication No. C-16257 from the City Manager Bunt Resources recommending that the City Council: 1. Adopt Appropriation Ordinance No. 13141 increasing the estimated receipts and appropriations in the Special Assessments Fund, awarded assets in the amount of $1,454,410.00 from available funds for the purpose of funding the installation of Community Facilities at North Riverside Drive extension at Fossil Creek.., an 2. Authorize the transfer of$1,050,410.40 from the Special Assessment Fund to the New Development Fund, and gcs IN CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 15 3. Authorize the City Manager to execute a Community Facilities Agreement with the developer,Hunt Resources, for the installation of community facilities for North Riverside Drive Extension at Fossil Creek. Council Member Silcox expressed opposition to the City's cost included in Mayor and Council Communication No. C-16257, stating that it was the responsibility of the developer instead of the City. Council Member Haskin made a motion, seconded by Council Member McCloud, that Mayor and Council Communication No. C-16257 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Haskin, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Silcox ABSENT: None C-16258 There was presented Mayor and Council International Communication No. C-16258 from the City Manager Golf of Texas, Inc. recommending that the City Council authorize the Ciq! Manager to execute an amendment to City Secretary Contract No. 17985 as amended with International Golf of Texas, Inc., to reduce the eighth year guaranteed minimum from $400,000.00 to $350,000.00. Council Member Silcox made a motion,seconded by Mayor Pro to pore McCray, that Mayor and Council Communication No. C-16258 be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 16 AYES: Mayor Barr; Mayor Pro tepore McCray; Council Members Lane, Silcox, Haskin, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None It appeared to the City Council that they set today as the day to hold a public hearing in connection with the proposed budget for the 1997-1998 Fiscal year to give every interested person or citizen an opportunity to be heard. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the proposed budget for the 1997-98 fiscal year, it was the consensus of the City Council that the budget hearing be continued on September 2, 1997, to give every interested person or citizen an opportunity to be heard. Citizen Presentation James Clark Mr.James Clark,3320 Hamilton Avenue, appeared before the City Council and expressed concern relative to the equity of authority. Tycer Green Ms. Tycer Green, 1204 E. Jessamine Street, appeared efore, the Council and expressed concern relative to the ownership of the property. She slated that she felt that her rights had been violated inasmuch as she was denied entrance to her house. City Manager Terrell advised Council that staff spent quite some time researching this matter, an there seemed to be a dilemma since a different name was on the deed. CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 26, 1997 PAGE 17 Mayor Barr informed Ms. Green that this situation could not be resolved by the City Council since there was conflicting information on the deed. Council Member McCloud suggested that the City Manager have staff get with Ms. Green to make sure that she understood the conflicting information. Executive Session It was the consensus of the City Council that they meet in a closed session at 10:37 a.m. for the following purposes: 1. 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) Lyndon A. Johnson v. City of Fort Worth, Cause No. 342-157231-95 b) William E., Harty, John Powell and Gary D. Wigley v. City of Fort Worth, Cause No. 96-156098-94 2. To discuss the sale, purchase, lease or value of real property as authorized by Section 551.072 of the Texas Government Code. The public discussion of these matters would have a detrimental effect on the position of the City in negotiations with this persons. Reconvened The City Council reconvened into regular session at 11:25 a.m. Adjournment There being no further business, the meeting was adjourned at 11:25 a.m. CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 2f, 199'7 PAGE 18 t CITY SECRETARY MAYOR