HomeMy WebLinkAbout1994/07/05-Minutes-City Council 31 �
Tuesday, June 28, 1994
Amend Ordinance Council- 4lember Meadows made a motion, seconded by Council Member
Barr, to amend the ordinance by adding No. 10 to the definitions with
the t do to read "FIY$ *ILL-ION DOLLARS COST OF IMPROVEMENT". Money
actually- spent by the property owner must be submitted in the sworn
statement prior to the property owner's certification by the Landmark
Commission, as in Section C (2) , and by omitting the word,
"substantially," from Section 7 an page 8 fourth line. The motion
carried unanimously.
Citizen Present. Ms. Jean Jones, 621 Hluelake, appeared before the City Council
Jean Jones and requested that-the City Council give favorable consideration to
appeared .for the-constructi-on of the mast Regional Library.
Ilona Robinson- Ms. 11orna; Robinsow-8albert, 3620 Mountcastle, appeared before
Holbert appeared the City Council- and -enpressed concern about -the assessments of fines
as it- -related--to the proposed graffiti ordinance.
City -Ma+nsger "Berretl = referred Ms. Holbert to Administrative
Assistant°to- the,°City Manager,- Jan Hale, and announced that a meeting
eould be �e1d to aolscit citizen input and concerns.
Closed Session It was the consensus of the City Council that the City Council
meet in -atoned session •-at 1:30 a.m.to seek the advice of its
attorneys concerning the, fallowing pending litigation:
,Michael Owens v. 1illie -Lee, individually and d/b/a/ the
Hot Spot, et al v. Sherman Neal and the City of Fort Worth,
Cause No. 153-140335-92
as authorized by Section 551.071 of the Texas Government Code.
The City Council reconvened into regular session at 11:55 a.m.
Adjourned There being- na: further business, , the meeting was adjourned at
11:55 a.m.
CITY �Y
' MAYOR
CITY COUNCIL MEETING
JULY 5, 1994
5th July, 1994 On the 5th day of July, A.D. , 1994, the City Council of the City
of Fort Worth, Texas, met in regular session, at 7 :00 p.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 hoods, 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 McKinley Jackson,
Samaria Baptist Church.
Pledge The Pledge of Allegiance was recited.
Minutes 6-28-94 On motion of Council Member Lane, seconded by Council Member
approved Haskin, the minutes of the regular meeting of 'June 28, 1994, were
approved unanimously.
MSC C-14372 Mayor Pro tempore Webber requested that Mayor and Council
withdrawn Communication No. C-14372 be withdrawn from the consent agenda.
Consent Agenda On motion of Council Member Woods, seconded by Council Member
approved Barr, the consent agenda, as amended, was approved unanimously.
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Tuesday, July 5, 1994
Mayor Granger expressed appreciation to the Open House
Committee, Fire Works Display Committee and City Staff , especially
Richard Zavala, Park and Community Services Director, Jane Graham,
Fort Worth Open House Coordinator, and Pat Svacina, Public
Information Officer.
Council Member Silcox announced various Fourth of July
activities that were celebrated within Council District 3.
M&C OCS-624 There was presented Mayor and Council Communication No. OCS-624
Claims adopted from the Office of the City Secretary recommending that the City
Council refer notices of claims regarding the alleged damages and/or
injuries to the Risk Management Department . It was the consensus of
the City Council that the recommendation be adopted.
M&C G-10713 There was presented Mayor and Council Communication No. G-10713
Ordinance No. from the City Manager recommending that the City Council adopt
11608 Ordinance No. 11608 amending Chapter 2 , Article VI , Division 1,
^Employees' Entitled "Employees' Retirement Fund", of The Code of The City of
Retirement Fund Fort Worth (1986) , as amended which ordinances establish and provide
adopted for a Retirement System, Retirement Plan and Benefits thereunder for
employees of the City of Fort Worth; amending the Disability Pension
Requirements, including new continued eligibility rules for members
already receiving benefits; amending the provisions applicable to in
line of duty and not in line of duty death benefits. It was the
consensus of the City Council that the recommendation be adopted.
M&C 0-10714 There was presented Mayor and Council Communication No. G-10714
Approve settle- from the City Manager recommending that the City Council approve the
meat lawsuit settlement of the lawsuit styled Earline Kennedy, Ina Earline Kennedy
Earline Kennedy v. City of Fort Worth, Texas, et al , cause no. 348-106329-87 , and
authorize the total expenditure of $500,000.00 for the compromise
settlement of this lawsuit to be paid to Ms. Earline Kennedy and her
attorney, Art Brender. It was the consensus of the City Council that
the recommendation be adopted.
M&C G-10715 There was presented Mayor and Council Communication No. G-10715
Adopt Ordinance from the City Manager recommending that the City Council adopt
No. 11609/Lake Ordinance No. 11609 increasing the estimated receipts and
Worth Trust appropriations in the Lake Worth Trust Fund in the amount of
Fund $20,000 .00 for the purpose of purchasing a boat to be used for patrol
and water rescue operation by the Lake Worth Marshals, and authorize
the expenditure of $20,000 .00 to purchase a boat for said use. It
was the consensus of the City Council that the recommendation be
adopted.
M&C 0-10716 There was presented Mayor and Council Communication No. G-10716
from the City Manager recommending that the City Council :
Approve 1. Approve the City Manager's submission of an application for
application the workers' compensation insurance to the Texas Workers'
Compensation Insurance Fund (Fund) to continue coverage for
eligible JTPA program participants; and
Authorize 2. Authorize insurance premium payments to the Fund, not to
insurance exceed $75,000 .00, subject to the Fund's rates established
according to the Texas State Insurance Code and subject to
actual audit, for the period 7-24-94 to 7-24-94; and
Authorize 3. - Authorize a deposit estimated at 25 percent of the annual
deposit premium to be placed with the Fund prior to the expiration
of the existing coverage; and
Authorize 4. Authorize the option to renew coverage for eligible JTPA
option to program participants through the Fund for two additional
renew one-year periods, providing reasonable determination of the
Fund being the insurer with the lowest premium cost .
It was the consensus of the City Council that the recommendation be
Adopted adopted.
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Tuesday, July 5, 1994
MSC G-10717 There was presented Mayor and Council Communication No. G-10717
Adopt Res. from the City Manager recommending that the City Council adopt
No. 1993/TU Resolution No. 1993 which authorized TU Electric Company to implement
Electric proposed tariffs for Economic Development Service, General Service
Competitive Pricing, Wholesale Power Competitive Pricing and
Environmental Technology Service.
Council Member Meadows made a motion, seconded by Council Member
Silcox, that Section 3 of the resolution contained in Mayor and
Council Communication No. G-10717 be amended to read "if TU Electric
accepts an ordinance or order from any City or Government Agency in a
future rate case or enters into any customer contract, that provides
that the revenue requirements to be paid by TU Electric customers
should be reduced on account of imputed revenues in excess of those
actually received from the charges under the above-mentioned rate and
tariffs, then the rates of TU Electric customers in this City shall
thereafter also be set taking into account the effect of such imputed
revenues, applied on a TU Electric-System-Wide Basis . "
Mr. Joe Thompson, representing TU Electric, 4809 Brockton Court,
appeared before the City Council in support of the amended
resolution.
Council Member Lane made a substitute motion, seconded by
Council Member Baskin, to suspend the operation of the proposed
tariffs and schedule of rates, for a period of 90 days. The motion
failed by the following vote:
AYES: Council Members Lane and Haskin
NOES: Mayor Granger; Mayor Pro tempore Webber;
Council Members Silcox, Jackson, Woods,
Meadows, and Barr
ABSENT: None
The original motion prevailed by the following vote:
. AYES: Mayor Granger; Mayor Pro tempore Webber;
Council Members Silcox, Jackson, Woods ,
Meadows, and Barr
NOES: Council Members Lane and Haskin
ABSENT: None
It was the consensus of the City Council that Mayor and Council
Communication No. G-10718 be continued until after the public hearing
and ordinance designating The Fort Worth Tax Abatement Reinvestment
Zone No. 17 ,(K&C, G-10708) . '
M&C G-10719 There was presented Mayor and Council Communication No. 0-10719
Accept from the City Manager recommending that the City Council accept the
donation from donation of three paintings for the Health Statistics and Information
Harris Method. Division . of . the Health Department from Harris, Methodist Health
Health System System, through Mr. Howard McMahan, Senior Vice President . On motion
of Council Member Barr, seconded by Council Member Baskin, the
recommendation was adopted unanimously..
H&C G-10720 There was presented Mayor and Council Communication No. G-10720
Adopt Ordinance from the City Manager recommending that the City Council adopt
No. 11610/Tax Ordinance No. 11610 amending Section 32-41 of The Code of the City of
Exemptions - Fort Worth, Texas (1986) , which authorizes City Ad Valorem Tax
Historic Exemptions for certain Historic Property which is used for Multi-
Property Family Residential Facilities, by changing the date when the amount
of a tax exemption is determined. On motion of Council Member Barr,
seconded by Council Member Meadows, the recommendation was adopted
unanimously.
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Tuesday. July 5 . 1994
MSC 0-10721 There was presented Mayor and Council Communication No. G-10721
Approve tax from the City Manager recommending that the City Council approve the
exemption for findings concerning a proposed tax exemption for Electric Building
Electric Bldg. Associates Limited Partnership and authorization to execute a Tax
Exemption Agreement . On motion of Council Member Barr, seconded by
Council Member Silcox the recommendation was adopted.
M&C 0-10722 There was presented Mayor and Council Communication No. 0-10722
Adopt Tax from the City Manager recommending that the City Council adopt the
Exemption for findings concerning a proposed Tax Exemption for Blackstone
Blackstone Associates Limited Partnership and authorization to execute a tax
Assoc. exemption agreement. On motion of Council Member Barr, seconded by
Council Member Jackson. The recommendation was adopted.
M&C P-6975 There was presented Mayor and Council Communication No. P-6975
Authorize pur- from the City Manager recommending that the City Council authorize a
chase agree- purchase agreement for disposable laminated coveralls for the City of
meat/coveralls Fort Worth from Lone Star Safety Supply on low bid of unit prices ,
Lone Star Safety one percent ten days net 30 days, with term of agreement to begin on
Supply July 12, 1994 and end on July 11, 1995. It was the consensus of the
City Council that the recommendation be adopted.
M&C P-6976 There was presented Mayor and Council Communication No. P-6976
Purchase agree- from the City Manager recommending that the City Council exercise the
meat/film & option on the purchase agreement to supply film and film processing
film processing to the City of Fort Worth with New Foto DBA/Flash Foto on the low bid
New Foto DBA/ unit prices per bid 93-0339, payment terms net 30 f .o.b. destination,
Flash Foto with term of agreement to begin August 3, 1994 and end August 2 ,
adopted 1994. It was the consensus of the City Council that the
recommendation be adopted.
MSC P-6977 There was presented Mayor and Council Communication No. P-6977
Authorize from the City Manager recommending that the City Council authorize a
agreement for purchase agreement for floor tile and related items for the City of
floor tile/ Fort Worth with I .C. Crow Floor Service, based on its unit prices,
I .C. Crow f .o.b. destination, freight no charge, net 30 days, with term of
Floor Service agreement to begin June 8, 1994, and end June 7 , 1995 with (2) two
options to renew for one year each. It was the consensus of the City
Council that the recommendation be adopted.
M&C P-6978 There was presented Mayor and Council Communication No. P-6978
Authorize pur- from the City Manager recommending that the City Council authorize a
chase agreement purchase agreement with multiple vendors to provide sign brackets,
w/multiple ven- nuts and bolts for the City of Fort Worth on the low bid of unit
dors/sign prices with payment terms net 30 days, f.o.b. destination freight no
brackets charge, with term of agreement to begin July 7 , 1994, and end July 6,
1995 with two one year options to renew. It was the consensus of the
City Council that the recommendation be adopted.
M&C P-6979 There was presented Mayor and Council Communication No. P-6979
Authorize pur- from the City Manager recommending that the City Council authorize a
chase agreement purchase agreement for the rental of shoring equipment for the Water
for rental of Department with The Plank Company based on the low bid of vendor list
shoring equip- price less 20 percent discount, net ten days, f .o.b. destination,
ment freight $50 .00 each way on steel , with term of agreement to begin
July 12 , 1994, and end July 11, 1995 with two options to renew for
one year each. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-6980 There was presented Mayor and Council Communication No. P-6980
Renew purchase from the City Manager recommending that the City Council exercise the
agreement/Atlas option to renew a purchase agreement for the Water Department with
Utility supply Atlas Utility Supply Company to provide cast iron valve boxes and
Co./cast iron lids on the total bid of unit prices meeting specifications with
valve boxes terms of ten percent 30 days, f.o.b. destination freight no charge,
with term of agreement to begin July 28 , 1994, and end July 27 , 1995
with an option to renew for one additional year. It was the
consensus of the City Council that the recommendation be adopted.
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Tuesday, July 5, 1994
H&C P-6981 There was presented Mayor and Council Communication No. P-6981
Renew purchase from the City Manager recommending that the City Council exercise the
agreement with option to renew the purchase agreement with Industrial International ,
Industrial Inc. to provide manhole covers and frames for the Water Department
International/ based on the low bid of unit prices, f .o.b. Fort Worth, freight no
manhole covers charge, net 30 days, with term of agreement to begin July 20, 1994,
and end July 19, 1995, with a one year option to renew. It was the
consensus of the City Council that the recommendation be adopted.
MSC P-6982 There was presented Mayor and Council Communication No. P-6982
Purchase agree- from the City Manager recommending that the City Council authorize a
meat/parts with purchase agreement with OEM Kubota, Servis Rhino, Lely and Echo parts
Zimmerer Kubota for the City Services Department with Zimmerer Kubota and Equipment
& Equipment Incorporated based on the low bid of manufacturer's list price, net
ten days, f.o.b. destination, freight prepaid and add to invoice,
with term of agreement to begin July 5, 1994, and end July 4, 1995
with two options to renew for one year each. It was the consensus of
the City Council that the recommendation be adopted.
i
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M&C P-6983 There was presented Mayor and Council Communication No. P-6983
Authorize pur- from the City Manager recommending that the City Council authorize a
chase agreement purchase agreement for OEM Champion, Galion, JCB and Gradall parts,
parts/AIS Con- blades and engines for the City Services Department with AIS
tinental Continental based on the low bid of manufacturer's list price, net 30
days , f .o.b. destination, ,freight no charge, with term of agreement
to begin July 5, 1994, and end July 4, 1995 with two options to renew
for one year each. It was the consensus of the City Council that the
recommendation be adopted.
H&C P-6984 There was presented Mayor and Council Communication No. P-6984
Renew purchase from the City Manager recommending that the City Council exercise the
agreement with option to renew a purchase agreement for the City of Fort Worth with
M&M Manufact. M & M Manufacturing Co. to provide prefabricated sheet metal duct
Co./sheet metal work on the low bid of unit prices; custom fabricated duct work at
duct work $32.00 per hour labor and material at list price, net due in 15 days,
f .o.b. destination, freight no charge, with term of agreement to
begin July 6, 1994, and end July 5, 1995, with an option to renew for
one additional year. It was the consensus of the City Council that
the recommendation be adopted.
MSC C-14368 There was presented Mayor and Council Communication No. C-14368
Authorize trans- from the City Manager recommending that the City Council authorize
fer/Adopt Ord. the City Manager to transfer $21,835.00 from the Water and Sewer
No. 11611/con- Operating Fund to the Water Capital Fund to the Water Capital Project
struction Fund, adopt Ordinance No. 11611 increasing the estimated receipts and
contract with appropriations in the Water, Capital Projects Fund in the amount of
Conatser Con- $21,835.00 for the purpose of funding a contract with Conatser
struction Co. Construction Company, Inc. , for Water and Sewer Improvements in Bryce
Avenue, and authorize the City Manager to execute a construction
contract with Conatser Construction Company, Inc. , in the amount of
$192,428.50 for the Water and Sewer construction in Bryce Avenue from
Western to Tremont. On motion of Council Member Meadows, seconded by
Council Member Raskin, the recommendation was adopted unanimously.
Mayor Pro tempore Webber excused herself from the Council table.
MSC C-14370 There was presented Mayor and Council Communication No. C-14370
Authorize con- from the City Manager recommending that the City Council authorize
tract w/Steel- the City Manager to execute a contract with Steel-Lite Roofing, Inc. ,
Lite Roofing, in the amount of •$56,800.00 for - the replacement of the built-up
Inc./roofing roofing and porch cover on the Medstar Ambulance Facility with a
& porch cover modified bitumen roof . It was the consensus of the City Council that
the recommendation be adopted.
MSC C-14371 There was presented Mayor and Council Communication No. C-14371
Approve transfer from the City Manager recommending that the City Council approve a
Streets Assess- $21 ,542.24 fund transfer from the Streets Assessment Project to the
ment Project to Lincoln (23rd to 24th) Project in the Grants Fund, and authorize the
Lincoln Project City Manager to execute a contract with Walt Williams Construction,
in Grants Fund Inc. , in the amount of $143,614. 91 for street paving improvements to
Lincoln (23rd to 24th) . It was the consensus of the City Council
that the recommendation be adopted.
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TnPaday , .Ally 5 1994
M&C C-14372 There was presented Mayor and Council Communication No. C-14372
Authorize con- from the City Manager recommending that the City Council authorize
tract w/Tarrant the City Manager to execute a contract with Tarrant County Housing
County Housing Partnership, Inc. (TCHP) in an amount not to exceed $314, 964.00 in
Partnership, draw-down of Fiscal Year 1993 HOME Investment Partnerships (HOME)
Inc. (TCHP)/ Program funds from the U.S. Department of Housing and Urban
assist low- Development (HUD) to assist low-income, first-time homebuyers , the
income home- contract period with TCHP to begin May 1, 1994, and end April 30 ,
buyers 1995 and authorize the Department of Housing to submit periodic
requests for reimbursement from HUD for wire transfer to the Bank of
America Local HOME Investment Trust Fund Account .
Mayor Granger announced that she had a conflict of interest in
voting on Mayor and Council Communication No. C-14372 and
relinquished the chair.
Council Member Silcox made a motion, seconded by Council Member
Baskin, that Council Member Barr be appointed temporary Mayor Pro
tempore. The motion carried unanimously.
Council Member Barr assumed the chair.
Council Member Meadows made a motion, seconded by Council Member
Silcox that Mayor and Council Communication No. C-14372 be adopted.
The motion prevailed by the following vote:
AYES: Council Members Lane, Silcox, Baskin,
Jackson, Woods, Meadows, and Barr
NOES: None
ABSENT: Mayor Pro tempore Webber
NOT VOTING: Mayor Granger
Council Member Barr relinquished the chair to Mayor Granger.
Mayor Pro tempore Webber assumed her place at the Council table.
Public hearing It appeared to the City Council that on June 28, 1994, the City
Tax Abatement Council continued the public hearing concerning designation of the
Fort Worth Tax Abatement Reinvestment Zone No. 17 from day to day and
from time to time and especially to the City Council meeting of July
5, 1994. Mayor Granger asked if there was anyone present desiring to
be heard.
MSC 0-10708 Mr. Paul Cain, representing the Economic Development Department
Adopt Ordinance appeared before the City Council , presented a staff report and called
No. 11612/desig the attention of the City Council to Mayor and Council Communication
nating Tax No. G-10708 recommending that the City Council adopt Ordinance No.
Abatement/Zone 11612 amending The Code of the City of Fort Worth, Texas (1986) , as
No. 17 amended by designating Lots 1-8, Block 96 , Fort Worth Original Town,
Tarrant County, Texas, as The Fort Worth Tax Abatement Reinvestment
Zone No. 17 . '
Council Member Haskin made a motion, seconded by Council Member
Barr, to close the Public Hearing and adopt Mayor and Council
Communication No. G-10708. The motion 'carried unanimously.
M&C 0-10718 There was presented Mayor and Council Communication No. G-10718
from the City Manager recommending that the City Council take the
following action regarding a proposed parking garage improvement
project at the former Blackstone Hotel located at 601 Main Street:
1 . Find that the improvements sought are feasible and
practicable, and would be a benefit to the land and to the
City after the expiration of the tax abatement agreement,
and
2 . Find that written notice of the City's intent to enter the
attached Tax Abatement Agreement and copies of the
Agreement were mailed by certified mail to all affected
taxing units in accordance with state law, and
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Tuesday, July 5, 1994
3. Find that the terms and conditions of the agreement and the
property subject to the agreement meet the City's Policy
Statement for Tax Abatement to Qualified
Commercial/Industrial Projects as established in M&C G-
9945, and
Authorize Tax 4. Authorize the City Manager to enter into the Tax Abatement
Abatement Agree- Agreement with Blackstone Associates Limited Partnership in
meat/Blackstone accordance with the policy (Guideline and Criteria) which
Associates was adopted by the City Council on December 3, 1992 (M&C G-
9945) .
On motion of Council Member Barr, seconded by Council Member Woods,
the recommendation was adopted unanimously.
Public hearing/ It appeared to the, City Council that on June 28, 1994, the City
Highland Hills Council continued the public hearing concerning the Taking of Parks
Park and Community Services Department Property located within the
Highland Hills Park for Use as Public Right-Of-Way for the extension
and construction and improvement of Campus Drive, from day to day and
from time to time and especially .to the City Council of July 5, 1994,
to give every interested citizen an opportunity to be heard. Mayor
Granger asked if there was anyone present desiring to be heard.
Mike Groomer Assistant City Manager advised the City Council of
a meeting held with the residents of the Highland Hills Community to
inform them that the Texas Department of Transportation had
informally agreed to redesign the project to avoid the taking of
parkland at no additional expense to the City however the City would
be required to obtain additional right-of-way.
Mesdames Eunice Givens, Marilyn Hodge, Elsie Bradford, Laura
Meeks, Gloria Shepeit, Messrs Greg Scott and Moses Davis expressed
appreciation to the City and the Texas Department of Transportation
for the redesign of the highway project that would not result in the
taking of a portion of the park located within the Highland Hills
Community; however, they continued to express concern regarding the
proximity of the road to the park.
City Manager Terrell advised the City Council that staff was
waiting for a formal reply in writing from the Texas Department of
Transportation regarding the redesign of this project.
MSC L-11427 Mayor Pro tempore Webber made a motion, seconded by Council
be continued Member Haskin, that the public hearing and Mayor and Council
two weeks Communication No. L-11427 be continued for two weeks. The motion
carried unanimously.
Citizen Pres. : Messrs. Bill Schwennesen, John Mills, David Newell , David Kenny,
Adam Palmer, Fletcher Phillips, John McClung, Dan Haase, Lee Stanley,
Warren Amye, Joel Burns, Mesdames Judy Jones, Jana Hinzmann, Mary
Ratcliff, Candice Swanson, Susan Webb, Ms. Lee Disney, and Mrs. John
O'Neill , appeared before the City Council and requested that the
Council give favorable consideration to the construction, staffing,
and purchasing of materials for the proposed East Regional Library.
Vernon and Julie Carter, 6418 Elm Springs, Arlington, Texas,
76017, appeared before the City Council and expressed concern
regarding police actions and investigation procedures of a fatal
automobile and pedestrian accident involving their daughter.
Mayor Granger referred Mr. & Mrs. Carter to Libby Watson
Assistant City Manager.
City Manager Terrell advised the City Council that a full report
regarding this matter will be brought back to the City Council .
Adjourned There being further business, the meeting was adjourned at 8: 55
p.m.
CITY SECRETARY Y _