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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. 32 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. A e4 �3 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. 34 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. �5 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 i 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. 36 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 37 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 _