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HomeMy WebLinkAbout1994/07/26-Minutes-City Council Tuesday . July 19 . 1994 James Parker I Mr. James Parker, 3611 Winifred Drive, appeared before the City Council and expressed opposition to the use of City Funds for job training and questioned whether or not a plan was available for the money which had already been contributed to the Job Training Program for Allied Community of Tarrant . Betty Brink I Ms . Betty Brink, representing the Informal Environmental Management Committee, 7600 Anglin Drive, appeared before the City Council to receive clarification of the down grading of the Environmental Management Department and expressed opposition to the process in which this matter was handled. City Attorney Adkins advised Council that the executive session regarding the acquisition of a parcel of land as authorized by Section 551 .072 of the Texas Government Code was not necessary and advised Council that the item should be withdrawn from the agenda. Executive Council Member Haskin made a motion, seconded by Council Member session Woods, that the executive session be withdrawn from agenda. The withdrawn motion carried unanimously. Adjournment There being no further business , the meeting was adjourned at 10 : 58 a.m. CITY SECRETARY MAYOR CITY COUNCIL MEETING JULY 26, 1994 July 26, 1994,, On the 26th day of July, A.D. , 1994, the City Council of the City of Fort Worth, Texas , met in regular session, at 10: 25 a.m. , with the following members and officers present : Attendance Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Jim Lane, Chuck Silcox, Becky Haskin, McKinley Jackson, Jewel Woods , Bill Meadows, and Kenneth Barr; 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 Reverend Barbara Johnson Arthur, Carter Park United Methodist Church. i Pledge The Pledge of Allegiance was recited. Minutes/approve On motion of Council Member Baskin, seconded by Council Member July 19, 1994, Woods, the minutes of the regular meeting of July 19, 1994, were approved unanimously. sister Cities) Ms . Deborah Jung, Director, recognized Sister Cities Kids Who Care and Council Member Barr presented them with a City of Fort Worth pin. I, Mayor Granger announced that Earth and Soul will be performing III at 7 : 30 on Friday, July 29, 1994, at the Will Rogers Memorial Coliseum. Mayor for Mayor Granger introduced Master Jay Davis , Mayor for the Day, . the Day and Council Member Woods presented him with a key to the City . Withdrawn City Manager Terrell requested that Mayor and Council ') P-7009 consent)! Communication No. P-7009 be withdrawn from the consent agenda. l Withdrawn Council Member Barr requested that Mayor and Council C-14395, C-1430::0 Communication Nos. C-14395 and C-14399 be withdrawn from the consent consent agenda. 57 Tuesday. July 26. 1994 Consent Agenda On motion of Council' Member Silcox, seconded by Council Member approved Haskin, the consent agenda, as amended, was approved unanimously. Council Member Silcox expressed appreciation to the Fort Worth Police Officers and the Citizens on Patrol for a twelve percent reduction thus FAR in crime this year. OCS-639 There was presented Mayor and Council Communication No. OCS-639 liability bond from the Office of the City Secretary recommending that the City Council authorize the acceptance of a liability bond issued to Lemke Concrete Construction Company. It was the consensus of the City Council that the recommendation be adopted. OCS-640 There was presented Mayor and Council Communication No. OCS-640 claims 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. City Secretary Church advised Council that Mayor and Council Communication No. G-10710 and Mayor and Council Communication No. G- 10738 were both on the executive session and inquired whether or not these items should be continued until after executive session. G-10710, coat. Council Member Silcox made a motion, seconded by Council Member after executive Barr, that Mayor and Council Communication No. G-10710 , Supplemental session Appropriation and adoption of two Ordinances for implementation for of the Fort Worth Graffiti Program, be continued until after executive session. The motion carried unanimously. G-10738. coat. Council Member Silcox made a motion, seconded by Council Member after executive Baskin, that consideration of Mayor and Council Communication No. G- session 10738, Settlement of the Lawsuit Filed by Michael Owens, Michael Owens vs . Willie Lee, Individually and d/b/a The New Hot Spot and d/b/a The Hot Spot, Rose Taylor, Individually and d/b/a The New Hot Spot and d/b/a The Not Spot, Charles Edward Johnson, Individually and d/b/a The New Hot Spot and d/b/a The Hot Spot , Sherman Neal a/k/a/ S.C. Neal , and the City of Fort North, Cause No. 153-140335-92 , be continued until after executive session. The motion carried unanimously. G-10740 There was presented Mayor and Council Communication No. G-10740 authorize from the City Manager recommending that the City Council authorize sanitary sewer the City Manager to execute the work authorization in accordance with replacement ARC-7 for the sanitary sewer replacement of (L-575) at 3200 College Avenue from, sta. - 3+95 to sta. 16+21 . It was the consensus of the City Council that the recommendation be adopted. G-10741 There was presented Mayor and Council Communication No. G-10741 approve from the City Manager recommending that the City Council approve the disposal disposal of public records belonging to the Health Department. It public records was the consensus of the City Council that the recommendation be Health adopted. G-10743 There was presented Mayor and Council Communication No. G-10742 authorize from the City Manager recommending that the City Council accept a grants Phase I Comprehensive Communities Program grant from the Bureau of literacy Justice Assistance in an amount not to exceed $50,000 .00 . It was the program consensus of the City Council that the recommendation be adopted. G-10744 There was presented Mayor and Council Communication No. G-10743 approve tax from the City Manager recommending that the City Council authorize exemption the City Manager to apply for and accept , if awarded, grants in the amount of $8, 487.00 to underwrite the operating costs of a family literacy program at the Diamond Hill/Jarvis Branch Library for one year, with applications to be made to Barbara Bush Foundation, Hasbro Children's Foundation, Community Foundation of Metropolitan Tarrant County and SAFECO. It was the consensus of the City Council that the recommendation be adopted. 58 Tuesday, July 26, 1994 G-10744 There was presented Mayor and Council Communication No. G-10744 approve from the City Manager recommending that the City Council approve the tax application for partial tax exemption eligibility of the property at exemption 501 Houston Street (Woolworth Bldg) . It was the consensus of the City Council that the recommendation be adopted. G-10745 There was presented Mayor and Council Communication No. G-10745 authorize from the City Manager recommending that the City Council authorize grant the City Manager to submit an application for and accept , if offered, South Arcadia a grant from Texas Parks and Wildlife Department for South Arcadia Park Park in the amount of $248,000.00; adopt Resolution No. 1999 authorizing the City Manager to sign the grant application and act as the City's representative in all matters relative to the grant; and authorize the City Manager to accept approximately 37 acres of donated land valued at $248,000.00 from Hillwood Development and Centennial Homes as the City's match. It was the consensus of the City Council that the recommendation be adopted. G-10746 There was presented Mayor and Council Communication No. G-10746 accept a from the City Manager recommending that the City Council accept a gift gift from the Fuller Foundation, Inc. , in the amount of $62 ,508 .00 Fuller for the purpose of maintaining the Fuller Garden in the Fort Worth Foundation, Botanic Garden for a period of twelve (12) months ; adopt Inc. Appropriations Ordinance No. 11622 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $62 ,508.00 for the purpose of accepting a gift from The Fuller Foundation, Inc. , to fund operation and maintenance by the Botanic Garden; and approve the expenditure of $62,508.00 in the Special Trust Fund for the purpose of funding one Gardener position, one Groundskeeper position, maintenance, supplies, equipment and utilities at the Botanic Garden. On motion of Council Member Jackson, seconded by Mayor Pro tempore Webber, the recommendation was adopted unanimously. G-10747 There was presented Mayor and Council Communication No. G-10747 accept gift from the City Manager recommending that the City Council authorize Downtown Fort the City Manager to accept a gift from Downtown Fort Worth, Inc. , in Worth, Inc. the amount of $88,755 .00 to pay the City for the direct costs of the Burnett Park operation, maintenance, and seasonal color plantings for a period of six months; adopt Appropriations Ordinance No. 11623 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $88,755.00 for the purpose of accepting a gift from Downtown Fort Worth, Inc. , for the operation and maintenance of Burnett Park; and approve the expenditure of $88,755.00 in the Special Trust Fund for the operation and maintenance of Burnett Park. On motion of Council Member Jackson, seconded by Council Member Haskin, the recommendations were adopted unanimously. P-7002 There was presented Mayor and Council Communication No. P-7002 authorize from the City Manager recommending that the City Council authorize a purchase purchase agreement to supply janitorial services for the Employment agreement and Training Department , Career Transition Center with Texas janitorial Industries for the Blind and Handicapped (TIBH) at a monthly rate of services $1 ,556. 25 with payment terms of net 30 days, with term of agreement TIBH to begin August 1, 1994, and and on July 31 , 1995, with options to renew annually. It was the consensus of the City Council that the recommendation be adopted. P-7003 There was presented Mayor and Council Communication No. P-7003 authorize from the City Manager recommending that the City Council authorize a purchase purchase agreement for structural steel , aluminum and iron for the agreement City of Fort Worth with Earle M. Jorgensen Co. on the overall low bid steel , of unit prices meeting specifications with payment terms of 1/2 aluminum 5 percent 10 days, net 30 f .o.b. destination, freight no charge, with iron term of agreement to begin July 19, 1994, and end July 18 , 1995 , with Earl M. options to renew for two additional years. It was the consensus of Jorgensen Co. he City Council that the recommendation be adopted. :59 Tuesday, July 26, 1994 P-7004 There was presented Mayor and Council Communication No. P-7004 renew a from the City Manager recommending that the City Council exercise the purchase option to renew a purchase agreement for selected janitorial supplies agreement for the City of Fort Worth with Lind Paper Company at unit pricing janitorial with payment terms of 1 percent 30 days , net 31 days , with term of supplies agreement to begin August 25, 1994, and end on August 24, 1995, with Lind Paper one renewal option remaining. It was the consensus of the City Company Council that the recommendation be adopted. P-7005 There was presented Mayor and Council Communication No. P-7005 renew from the City Manager recommending that the City Council exercise the purchase agrmt. first option to renew the purchase agreement to provide litter litter removal removal service for the Parks and Community Services Department with service Texas Industries for the Blind and Handicapped on total low bid TIBH proposal of unit prices for a total estimated cost of $56,189. 64, terms net 30 days, f .o.b. destination, with term of agreement to begin August 1 , 1994 , and end July 31 , 1995, with one renewal option remaining. It was the consensus of the City Council that the recommendation be adopted. P-7006 There was presented Mayor and Council Communication No. P-7006 authorize from the City Manager recommending that the City Council authorize a purchase purchase agreement to supply janitorial services for the Police agreement Department, Administrative Building with Texas Industries for the janitorial Blind and Handicapped (TIBH) at a monthly rate of $4 ,231 .00 , services stripping and waxing $0. 22 per sq. ft . , and carpet extraction $0 . 11 TIBH per sq. ft. with payment terms of net 30 days, with term of agreement to begin on September 1 , 1994, and end on August 31 , 1995, with options to renew annually. It was the consensus of the City Council that the recommendation be adopted. { P-7007 There was presented Mayor and Council Communication No. P-7007 t cancel agrmt. from the City Manager recommending that the City Council cancel the Phillips Cont. agreement with Phillips Contracting Inc. authorized on September 28 , auth. purchase 1993 (M&C P-6668) ; authorize a purchase agreement for fence material agrmt. fence and installation for the City of Fort Worth with Cleburne Fence Co. material & based on the unit price, terms net 30 days, f .o.b. destination, installation freight no charge, with agreement to begin July 22 , 1994, and end j Cleburne Fence July 21 , 1995, with two options to renew for one year each. It was Co. the consensus of the City Council that the recommendation be adopted. I P-7008 There was presented Mayor and Council Communication No. P-7008 authorize from the City Manager recommending that the City Council authorize a purchase agrmt. purchase agreement for vehicle bi-fuel conversion for the City vehicle bi-fuel Services Department with Propane Systems of Texas based on low bid of Propane Systems unit prices, terms net 30 days, f.o.b. destination, freight no of Texas charge, with term of agreement to begin July 26, 1994 , and July 25 , 1995, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. P-7009 There was presented Mayor and Council Communication No. P-7009 cont. one from the City Manager recommending that the City Council authorize a week purchase agreement with Innovative Construction, Inc. to provide weatherization services for the Housing Department on its low bid meeting specifications for a maximum expenditure of $3, 600 .00 per house, with term of agreement to begin July 19, 1994, and end July 18, 1995 , with options to renew for four additional one year periods . Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows , that consideration of Mayor and Council Communication No. P- 7009, be continued for one week. The motion carried unanimously. PZ-1751 There was presented Mayor and Council Communication No. PZ-1751 adopt Ord. from the City Manager recommending that the City Council adopt No. 11624 Ordinance No. 11624 vacating a utility easement located within the vacating utility Fossil Creek Addition, Block 4R, Lot 1 (Sandshell Drive, North of easement I .H. $820) , dedicated to Mobil Oil Pipeline Company. It was the consensus of the City Council that the recommendation be adopted. 60 Tuesday,, July 26 . 7994 PZ-1752 There was presented Mayor and Council Communication No . PZ-1752 adopt Ord. from the City Manager recommending that the City Council adopt No. 11625 Ordinance No. 11625 vacating a utility easement located between Lots vacating 1-9 and Lots 31-40 , Block 43, Chamberlain Arlington Heights Addition utility (Camp Bowie Boulevard at Sanguinet Street) . It was the consensus of easement the City Council that the recommendation be adopted. C-14374 There was presented Mayor and Council Communication No. C-14374 , authorize dated July 12 , 1994, from the City Manager recommending that the City agreement Council authorize the City Manager to execute an agreement between Tarrant County the Tarrant County Assessor-Collector and the City of Fort Worth for Assessor- the purpose of providing assessment and collection services of ad Collector valorem taxes levied by the City for the 1994 tax year which covers assessment 6 the period October 1 , 1994-September 30 , 1995 , with the cost based on collection a transaction basis and remaining the same as the 1993 tax year, services making it approximately $72 ,000 .00. On motion of Council Member Woods, seconded by Council Member Barr, the recommendation was adopted unanimously. C-14388 Council Member Silcox made a motion, seconded by Council Member denied Meadows, that Mayor and Council Communication No. C-14388 , Proposed Change Order No. 3 To Interim Solids Dewatering, Processing and Disposal , Village Creek Wastewater Treatment Plant , Oscar Renda Contracting Inc. , be denied. The motion carried unanimously. There was presented Mayor and Council Communication No. C-14388 Revised from the City Manager. Council Member Meadows made a motion, seconded by Council Member Lane, to approve Recommendation No. 1 and requested that staff revisit Oscar Renda Contracting, Inc. , to see if the second portion of the contract could be reduced further. Mayor Pro tempore Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-14388 Revised. Council Member Meadows made a motion, seconded by Council Member Barr that Mayor Pro tempore Webber be permitted to abstain from voting on Mayor and Council Communication No. C-14388 Revised. The motion carried unanimously. Assistant City Manager Mike Groomer appeared before the City Council and advised Council that the unit price for Dewatering, Processing and Disposal of Sludge in the existing contract was $160 .00 per dry ton and that the cost had been reduced to $143 .80 per dry ton which was a savings in itself; and advised Council that staff would continue to explore the possibility of negotiating in further reduction and price. Council Member Barr advised Council that he would like to explore the possibility of paying the $121 .00 per dry ton rather than $143. 80 and requested staff to review the tapes with regard to this matter in April of 1994 to see whether or not this rate of $121 .00 should be calculated rather than $143 .00. C-14388 Revised Council Member Barr made a motion, seconded by Council Member continued Woods, that consideration of Mayor and Council Communication No. C- after executive 14388 Revised be continued until after executive session. The motion session carried unanimously. There was presented Mayor and Council Communication No. C-14394 from the City Manager recommending that the City Council take action to either: 1 . Direct the staff to discontinue further negotiation with Wheelabrator Clean Water Systems (Bio-Gro) for the compost option as directed on April 19, 1994; or Tuesday July 26 1994 2 . Direct the staff to continue expanded negotiation with Wheelabrator Clean Water Systems (Bio-Gro) for a city owned composting facility at the Southeast Landfill as suggested in WCWS correspondence of July 14, 1994; or 3. Direct the staff to continue to include the long term solution of sludge disposal options in the Village Creek Treatment Plan Master planning effort and discontinue or modify negotiations; or 4. Direct the staff to pursue other composting facility options based on the 30 ton per day criteria; or 5 . Provide additional direction to the staff as deemed appropriate regarding the composting option. Council Member Haskin made a motion, seconded by Council Member Woods , that Mayor and Council Communication No. C-14394 be denied. Recommendation Council Member Barr made a substitute motion, seconded by No. 1 approved Council Member Meadows, that Recommendation No. 1 be approved on C-14394 Mayor and Council Communication No. C-14394. The motion carried unanimously. There was presented Mayor and Council Communication No. C-14395 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Atkins Brothers in an amount not to exceed $85,901 . 34 for the installation of concrete pathways in multiple park sites (20) . C-14395 Council Member Barr made a motion, seconded by Council Member cont, two Jackson, that consideration of Mayor and Council Communication No. C- weeks 14395 be continued for two weeks and requested that staff negotiate with the contractor to see whether or not the DBE participation could be improved. The motion carried unanimously. C-14396 There Was presented Mayor and Council Communication No. C-14396 authorize from the City Manager recommending that the City Council authorize the City Manager to: Execute contract 1 . Execute a contract amendment with the Texas Department of amendment Commerce for Rapid Response Services to assist dislocated Texas Dept. workers . This amendment would increase funding by Commerce $300,000 .00 and extend the end date to December 31, 1994, and Execute 2. Execute an amendment to the contract with Texas Employment amendment Commission to provide basic readjustment services and contract extend the dates of the contract from July 1 , 1994, to Texas Employment December 31 , 1994, and increase the contract amount by an Commission additional $70 ,000 .00, to a new total of $231 ,133 .00, and Execute 3. Execute an amendment to the contract with Tarrant County amendment Junior College to provide basic readjustment services and contract extend the dates of the contract from July 1 , 1994, to Tarrant County December 31, 1994, and increase the amount by an additional Junior College $70 ,000 .00, to a new total of $218,000 .00 , and Apply indirect 4 . Apply indirect costs in accordance with the City's costs Administrative Regulation 3-15 (apply the most recently approved rate of 7 .87 percent for the Employment and Training Department) , not to exceed $7 ,528 .00 . It was the consensus of the City Council that the recommendation be adopted. 62 Tuesday, July 26, 1994 C-14397 There was presented Mayor and Council Communication No. C-14397 execute a from the City Manager recommending that the City Council authorize contract Lewis the City Manager to execute a contract with Lewis Excavating, Inc . , Excay. , Inc. in the amount of $75, 639. 48 for rerouting the storm drain in Lots 1- rerouting the 4, Block C, McAnulty & Nye Subdivision, and the related sanitary storm drain sewer replacement in Magnolia Street and Morphy Street . It was the consensus of the City Council that the recommendation be adopted. C-14398 There was presented Mayor and Council Communication No. C-14398 authorize from the City Manager recommending that the City Council authorize Memorandum of the City Manager to execute a non-binding "Memorandum of Agreement Agreement for Planning and Construction of Trinity Boulevard from Roy Orr Const. of Boulevard in Grand Prairie to Existing Trinity Boulevard in Fort Trinity Blvd. Worth. " It was the consensus of the City Council that the recommendation be adopted. C-14399 There was presented Mayor and Council Communication No. C-14399 authorize from the City Manager recommending that the City Council authorize contract the City Manager to execute a contract with E. Horn Construction in E. Horn Const. the amount of $715,767 .00 for the construction of a gymnasium addition at Fire Station Recreation Center. Council Member Barr made a motion, seconded by Council Member Lane, that consideration of Mayor and Council Communication No. C- 14399 be continued for two weeks and requested that staff negotiate with the contractor in order to see whether or not the DBE participation could be improved. Mr. E. Horn appeared before the City Council and advised Council that there was not a broad base of minority business enterprise businesses or women-owned businesses willing to participate in this contract and suggested that a forum be held involving the City of Fort Worth Staff , minority business offices, and women-owned businesses in order to communicate the importance of their participation in City contracts . Council Member Woods made a substitute motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C- 14399 be approved. At this time, Council Member Barr withdrew his motion to continue Mayor and Council Communication No. C-14399 for two weeks . The motion to approve Mayor and Council Communication No. C- 14399 was approved unanimously. C-14394 be Council Member Silcox made a motion, seconded by Council Member reconsidered Lane, that Mayor and Council Communication No. C-14394 be reconsidered at this time. The motion carried unanimously. Ms. Kristi Wiseman, 2424 Colonial Parkway, appeared before the City Council and congratulated the Mayor on the success of Open House for the All American City; and presented the City Council with a copy of a resolution creating a task force and recommended Recommendation No. 4 on the resolution for City Council 's consideration; and also requested that a separate Environmental Management Department be maintained. Mr. Robert Dow, P.O. Box 150665, appeared before the City Council as a representative of Silver Creek Materials and advised Council that composting was still a very viable option and stated that he was available to answer questions with regard to composting of Wastewater Bio Solids. Recommendation Council Member Barr made a motion, seconded by Council Member No. 1 Meadows, that Recommendation No. 1 . on Mayor and Council C-14394 Communication No. C-14394 be approved. The motion carried unanimously. 63 Tuesday, July 26, 1994 C-14400 There was presented Mayor and Council Communication No. C-14400 from the City Manager recommending that the City Council take the following actions regarding the construction of a Customer Service Center by Haggar Apparel Company in the Fossil Creek development just north of Loop 820 between I-35W and North Beach Street : improvements 1 . Find that the improvements sought are feasible and feasible practicable, and would be a benefit to the land and to the City after the expiration of the tax abatement agreement , and Tax Abatement 2 . Find that written notice of the City's intent to enter into Agreement the Tax Abatement Agreement and copies of the Agreement mailed were mailed by certified mail to all affected taxing units in accordance with state law, and Agreement 3 . Find that the terms and conditions of the Agreement and the subject property subject to the agreement meet the City's Policy City's Policy Statement for Tax Abatement to Qualified Statement Commercial/Industrial Projects as established in M&C G- 9945 , and Authorize 4 . Authorize the City Manager to enter into the Tax Abatement Tax Abatement Agreement with Haggar Apparel Company in accordance with Agreement the Policy (Guideline & Criteria) which was adopted by the Haggar Apparel City Council on December 3, 1992 (M&C G-9945) . On motion of Council Member Woods , seconded by Council Member Lane, adopted the recommendations were adopted unanimously. t C-14401 There was presented Mayor and Council Communication No. C-14401 ill from the City Manager recommending that the City Council : Adopt 1. Adopt Supplemental Appropriations Ordinance No. 11626 Ordinance No. increasing the estimated receipts and appropriations in the 11626 Sewer Capital Projects Fund in the amount of $7 ,013, 650 .00 for the purpose of funding an Engineering Agreement with Freese and Nichols, Inc. , for The Integrated Wet Weather Wastewater Management Program; and Transfer 2 . Transfer $7 ,013,650 .00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Appropriations 3 . Adopt Appropriations Ordinance No. 11627 appropriating Ordinance No. $7 ,013, 650 .00 to the Water and Sewer Operating Fund and 11627 decreasing the unreserved, undesignated retained earnings by the same amount for the purpose of funding an Engineering Agreement with Freese and Nichols , Inc . , for the Integrated Wet Weather Wastewater Management Program; and authorize 4 . Authorize the City Manager to execute an engineering agreement agreement with Freese and Nichols , Inc. , in the amount of Freese & $6, 988, 650.00 for the Integrated Wet Weather Wastewater Nichols, Inc. Management Program. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-14401 involving a business relationship with Freese and Nichols, Inc. Council Member Woods made a motion, seconded by Council Member Barr, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-14401 . The motion carried unanimously. approved Council Member Silcox made a motion, seconded by Council Member Jackson, that Mayor and Council Communication No. C-14401 be approved. The motion carried by the following vote: 64 Tuesday, July 26, 1994 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Lane, Silcox, Haskin, Jackson, Woods, and Barr NOES: None ABSENT: None NOT VOTING: Council Member Meadows Citizen Ms . Mary L. Avila, 2334 Ephriham Court , appeared before the City Presentations Council regarding the rights of renters and explained the problem that she was having with regard to her subsidized rent and questioned whether or not she was responsible for them quoting her an incorrect amount for her rental payment and increasing the deposit that she would have to pay. Mayor Granger referred Ms. Avila to Assistant City Manager to Libby Watson. Mr. Don Klingensmith, 7258 Yolanda Drive, appeared on behalf of Code Blue and requested that the City Council approve a strong graffiti ordinance. Mr. Fernando Florez , Chairman of the South Hemphill Association, 2744 Hemphill , appeared before the City Council and spoke in support of the graffiti ordinance and the proposed graffiti program. Ms. Kathy Brintzenhof , 2845 College Avenue, appeared before the City Council and advised Council that not everyone in their community was cooperating with them, and stated that the graffiti ordinance was needed in order to get cooperation from everyone in their community. closed session It was the consensus of the City Council that the City Council meet in a closed session at 11 :40 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. Michael Owens v. Sherman Neal , the City of Fort Worth, et al , Cause No. 153-140335-92 b. City liability relating to graffiti abatement program as authorized by Section 551.071 of the Texas Government Code. 2 . To discuss the acquisition of a parcel of land, as authorized by Section 551 .072 of the Texas Government Code. Deliberation in an open meeting concerning this matter would have a detrimental effect on the position of the City in negotiations with a third person. Reconvened The City Council reconvened into regular session at 12 :20 p.m. G-10710 There was presented Mayor and Council Communication No. G-10710 from the City Manager recommending that the City Council : Adopt 1 . Adopt Supplemental Appropriations Ordinance No. 11628 Ordindnce No. appropriating $19,862 .00 to the General Fund and decreasing 11628 the unreserved, undesignated fund balance of the General Fund by the same amount for the purpose of implementing the Fort Worth Graffiti Program for the remainder of Fiscal Year 1993-94, and; Adopt 2 . Adopt Ordinance No. 11629 amending Chapter 23 , "Offenses Ordinance No. and Miscellaneous Provisions" of the Code of the City of 11629 Fort Worth by adding new sections; Creating the Offense of Possession of Aerosol Paint by Minors , and; 65 Tuesday, July 26, 1994 Adopt Ordinance 3 . Adopt Ordinance No. 11630 amending Appendix B of The Code No. 11630 of the City of Fort Worth (1986) , as amended by adding remove definitions ; by adding a new Division 3 in Article II of graffiti said Appendix; by redesignation of the current Division 3 of said appendix; creating the Offense of failing to remove graffiti ; providing for notification of violation; providing for the enforcement of such ordinance; providing penalties; and; Authorize 4. Authorize the City Manager to implement the Fort Worth Fort Worth Graffiti Program for the remainder of fiscal year 1993-94 Graffiti Program at a cost of $19,862 , Council Member Silcox suggested a motion to amend Ordinance No. 11630 , but the motion died for lack of a second. adopted On motion of Council Member Woods, seconded by Council Member Meadows , the recommendation were adopted unanimously. G-10738 There was presented Mayor and Council Communication No. G-10738 , approve dated July 19, 1994, from the City Manager recommending that the City settlement Council approve the settlement of lawsuit filed by Mr . Michael Owens , lawsuit Michael Owens vs. Willie Lee, individually and d/b/a The New Hot Spot and d/b/a The Hot Spot , Rose Taylor, individually and d/b/a/ The New Hot Spot and d/b/a The Hot Spot , Charles Edward Johnson, Individually and d/b/a The New Hot Spot and d/b/a The Hot Spot , Sherman Neal a/k/a S.C. Neal , and The City of Fort Worth, Cause No. 153-140335-92 , and authorize the total expenditure of $450 ,000 .00 for the compromise settlement of this lawsuit to be paid to Mr. Michael Owens and his i attorney, Michael E. Frederick. On motion of Council Member Meadows, seconded by Council Member Jackson, the recommendation was adopted unanimously. C-14388 Revised There was presented Mayor and Council Communication No. C-14388 Revised from the City Manager recommending that the City Council : 1 . Authorize Change Order No. 3 in the amount of $400,000 .00 to City Secretary Contract No. 19984 with Oscar Renda Contracting, Inc. , for the Interim Sludge Dewatering, Processing and Disposal Contract at the Village Creek Wastewater Treatment Plant revising the total contract amount to $3, 210 ,000 .00 . 2. Authorize the City Manager to execute a contract with Oscar Renda Contracting, Inc. , for the Interim Dewatering, Processing and Disposal Contract No. 2 at the Village Creek Wastewater Treatment Plant for $2 , 995 ,354.00 . The contract term is from July 27 , 1994 through April 30 , 1995 (278 days) . Recommendation Council Member Meadows made a motion, seconded by Council Member No. 1 approved Barr, that only Recommendation No. 1 be approved and that staff be staff directed directed to negotiate with Oscar Renda to reduce its rate to the to negotiate $121.00 level , if possible, for the new contract period, in effect through April of 1995. The motion carried unanimously. Adjourned There being no further business, the meeting was adjourned at 12 :30 p.m. i CITY SECRETARY MAYOR ' I