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HomeMy WebLinkAbout1994/03/08-Minutes-City Council 461 CITY COUNCIL MEETING MARCH 8, 1994 Date and Time On the 8th day of March, A.D. , 1994, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:45 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 Angela Ferguson, Greater St. Stephen First Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes 3-1-94 On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of March 1, 1994, were approved unanimously. Students City Secretary Church acknowledged the presence of students from the Heritage Christian Academy. M&C #P-6838 & City Manager Terrell requested that Mayor and Council Communication Nos. P- Withdrawn & 6838 and P-6838 Revised be withdrawn from the agenda and that Mayor and Council G-10579 con't. Communication No. G-10579 be continued for two weeks. M&C C-14206 Council Member Meadows requested that Mayor and Council Communication No. C- Withdrawn 14206 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Woods, the Approved consent agenda, as amended, was approved unanimously. Appts-Sam Garcia Council Member Lane made a motion, seconded by Council Member Meadows, that Hilton Quinton/ Mr. Sam Garcia and Mr. Hilton Quinton be appointed to the Disadvantaged Business DBEAC Enterprise Advisory Committee. The motion was seconded by Council Member Meadows. The motion carried unanimously. Policy Memorandum There was presented Municipal Court Advisory Committee Policy Memorandum No. No. 35 35 from the Municipal Court Advisory Committee recommending that the "Sixth Court Program, as proposed," consisting of the addition of a sixth full-time Municipal Judge and support staff in the Municipal Court Services Department be adopted and enacted (through the appropriate measures for each program component) by the City Council . Hiring sixth Council Member Lane made a motion, seconded by Council Member Meadows, that Municipal Judge the recommendation be adopted, as amended, by only hiring a sixth full-time Municipal Judge. The motion carried unanimously. Contacts between Assistant City Manager Mike Groomer appeared before the City Council to bidders & City discuss the matter of the provision in the request for proposals for sewer sludge Council dewatering alternatives, which prohibited contacts between prospective bidders and City Council members. Mr. Groomer said that staff still recognized it to be in effect but advised Council members that it was at their discretion to either speak or refuse to speak on the issue. M&C OCS-606 There was presented Mayor and Council Communication No. OCS-606 from the Authorize Office of the City Secretary recommending that the City Council authorize the Parkway Con- acceptance of Parkway Contractor's Bond issued to Providence Homes, Inc. It was tractors Bond the consensus of the City Council that the recommendation be adopted. M&C OCS-607 There was presented Mayor and Council Communication No. OCS-607 from the Claims 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. 462 Tuesday, March 8, 1994 M&C G-10573 There was presented Mayor and Council Communication No. - rom the City Manager recommending that the City Council : Improvements to 1. Declare the necessity for and order the improvements to Terminal Road Weber St./been Rd. from Weber Street to Deen Road, and Auth. assessment 2. Authorize the assessment of a portion of the cost of the improvements to Terminal Road against the owners of the abutting property, and Approve costs 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and Benefit hearing 4. Establish April 12, 1994, as the date of benefit hearing, and Auth. assessment 5. Authorize the preparation of assessment rolls and notification of rolls property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. It was the consensus of the City Council that the recommendation be adopted. M&C G-10574 There was presented Mayor and Council Communication No. G-10574 from the Adopt. Ord # City Manager recommending that the City Council adopt Ordinance No. 11515 amending 11515 amending Section 7-47, II, of the Code of the City of Fort Worth, Texas (1986) , to amend Code Section 3305 of the Fort Worth Building Code allowing for a reduction of fire rated construction of exit corridors and elevator lobby doors. It was the consensus of the City Council that the recommendation be adopted. M&C G-10575 There was presented Mayor and Council Communication No. G-10575 from the Auth. a grant City Manager recommendinq that the City Council authorize the City Manager to f/Texas State apply for and accept, if awarded, a grant from the Texas State Library under the Library Library Services and Construction Act, Title I , "Public Services for Disadvantaged Population" Program, in the amount of $13,495.00 to underwrite the second year of funding for a family literacy program called SHARP at Shamblee Branch Library for an additional year. It was the consensus of the City Council that the recommendation be adopted. M&C G-10576 Council Member Barr made a motion, seconded by Council Member Silcox, that continued until consideration of Mayor and Council Communication No. G-10576, Settlement of Case after executive Entitled Mack E. Tippens v. City of Fort Worth and Philip A. Woodward, Cause No. session 352-146588-93, be continued until after executive session. The motion carried unanimously. M&C G-10577 There was presented Mayor and Council Communication No. G-10577 from the Auth. a grant City Manager recommending that the City Council authorize the City Manager to f/State Library apply for and accept, if awarded, a grant from the Texas State Library under the COOL Storefront Library Services and Construction Act, Title I , "Public Library Services for Library Station Disadvantaged Populations" Program, in the amount of $58,813.00 for second year funding of the COOL Storefront Library Station located in the Cavile Housing Community. It was the consensus of the City Council that the recommendation be adopted. M&C G-10578 There was presented Mayor and Council Communication No. G-10578 from the Auth. Public City Manager recommending that the City Council authorize the City Manager to Fixed Based Opera- grant , Richardson Aviation a Public Fixed Base Operator Permit at Meacham Airport for Permit at which will become valid on March 1, 1994, and will continue until Richardson Meacham Airport Aviation's current ground lease agreement under City Secretary Contract No. 11142 (as assigned) for its hangar facility (known as Location 45 South at Meacham Airport) expires on March 31, 2010; provided, however that Richardson Aviation continues to comply with all other presently existing public FBO standards in order to retain its FBO permit. It was the consensus of the City Council that the recommendation be adopted. M&C G-10579 It was the consensus of the City Council that consideration of Mayor and continued two Council Communication No. G-10579, Approval of Amendment to Section 2-9 Exempting weeks Contracts Involving the Lease, License, or Use of Facilities at the Will Rogers Memorial Center, be continued for two weeks. M&C G-10580 There was presented Mayor and Council communication No. G-10580 from the Authorize City Manager recommending that the City Council authorize the City Manager to: Approve Use of 1. Approve the Final Statement of Objectives, Projected Use of Community CDBG Year XX funds Development Block Grant Year XX funds, Grantee Certifications, and Displacement Plan, and 463 Tuesday, March 8, 1994 Authorize pp i- 2. Authorize the City Manager to submit and accept the CDBG Year XX Grant cation to (HUD) Application to the U.S. Department of Housing and Urban Development (HUD) for the program year June 1, 1994 through May 31, 1995, in the amount of $7,862,000.00, and Authorize Year XX 3. Authorize the Accounting Division of the Finance Department, subject project accounts to HUD approval and the City Manager's acceptance of the grant, to establish the CDBG Year XX project accounts in the City of Fort Worth financial accounting system, and Apply indirect cost 4. Apply indirect cost rates in accordance with the City's Administrative rates Regulation 3-15 (apply the rate of 18.73 percent, which represents the most recently approved rate for this department and apply the new approved indirect cost rates when available) . On motion of Council Member Woods, seconded by Council Member Haskin, the recommendations were adopted unanimously. M&C G-10581 There was presented Mayor and Council Communication No. G-10581 from the Adopt 1994 City Manager recommending that the City Council adopt the 1994 Federal Legislative Federal Legis- Program; authorize and direct the City Manager to distribute copies of the City's lative Program Federal Legislative Program to members of Congress; and authorize and direct appropriate City officials to send letters of support or to meet with federal officials to discuss the City's position on certain legislation or agency rules as outlined in the program. Council Member Lane requested that Items under Mayor and Council Communication No. G-10581 approving the 1994 Federal Legislative Program be voted on separately. Council Member Meadows made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-10581 be adopted excluding the OSHA Reform, Firefighters and Police Officers Bill of Right and Support Reform of the Fair Labor Standards Act. The motion carried unanimously. Council Member Meadows made a motion, seconded by Council Member Woods, that the item concerning OSHA Reform, Firefighters and Police Officers Bill of Rights and Support Reform of the Fair Labor Standards Act on Mayor and Council Communication No. G-10581, be adopted. The motion carried by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Haskin, Jackson, Woods, Meadows, and Barr NOES: Council Member Lane ABSENT: None M&C G-10582 There was presented Mayor and Council Communication No. G-10582 from the Reschedule City Manager recommending that the City Council reschedule the benefit hearing for benefit hearing the Assessment Paving of Wonder Drive from Wimbleton Way to Wedgeworth Road from of Wonder Dr. March 22, 1994, to April 19, 1994. It was the consensus of the City Council that the recommendation be adopted. M&C P-6838 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-6838 and Mayor and Council Communication No. P-6838 Revised, Purchase Three Pumper Trucks from Saulsbury Fire Apparatus for the Fire Department, be withdrawn from the agenda. M&C P-6841 There was presented Mayor and Council Communication No. P-6841 from the City Renew purchase Manager recommending that the City Council exercise the option to renew purchase agreements/ground agreements to provide grounds maintenance service for the Water Department with maintenance ser- Forest Hills Lawn Service and ABBA Landscape Management Company on low unit price vice w/Forest Hills bid, meeting City specifications, with term of agreements to begin April 1, 1994, Lawn Service and end March 31, 1995, with no renewal options remaining. It was the consensus of the City Council that the recommendation be adopted. 464 Tuesday, March 8, 1994 P-6842 There was presented - Renew purchase Manager recommending that the City Council exercise the option to renew the agreement for purchase agreement for engine oil for the Water Department with Tulco Oils engine oil w/ Incorporated based on low bid of unit price of $2.06 per gallon, payment terms net Tulco Oils Inc. 30 days, f.o.b. destination, freight included in price, with term of agreement to begin March 30, 1994, and end March 29, 1995, with one option to renew for one year. It was the consensus of the City Council that the recommendation be adopted. M&C P-6843 There was presented Mayor and Council Communication No. P-6843 from the City Renew purchase Manager recommending that the City Council exercise the first option to renew the agreement for sole source purchase agreement for Sanafoam Vaporooter II for the Water Department Sanafoam Vaporooter with Arrigation Engineering Company, Inc. , based on quoted unit prices, net f.o.b. II for Arrigation Fort Worth, with term of agreement to begin March 4, 1994, and end March 3, 1995, Engineering Co. with one renewal option remaining. It was the consensus of the City Council that Inc. the recommendation be adopted. M&C P-6844 There was presented Mayor and Council Communication No. P-6844 from the City Auth. purchase Manager recommending that the City Council authorize the purchase of two of two Chlorine/ Chlorine/sulfur Dioxide Induction Units for the Water Department from Chlor-A-Vac, sulfur Dioxide a division of Gas Induction, Inc. , based on unit price for a total of $20,900.00 Induction Units net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-6845 There was presented Mayor and Council Communication No. P-6845 from the City Auth. purchase Manager recommending that the City Council authorize a purchase agreement for agreement for station wear for the Fire Department with Ladd Uniform Company on overall low bid station wear w/ of unit prices, payment terms net 30 days, f.o.b. destination, with purchase Ladd Uniform Co. agreement to begin March 9, 1994, and end March 8, 1995, with four options to renew annually. It was the consensus of the City Council that the recommendation be adopted. M&C P-6846 There was presented Mayor and Council Communication No. P-6846 from the City Cancel M&C P-6288 Manager recommending that the City Council cancel award of Mayor and Council for purchase agree- Communication No. P-6288, dated March 11, 1993, for purchase agreement with Allen ment w/Allen Printing for the "City Times" newsletter, and remove Allen Printing from the Printing vendor list for a period of two years. It was the consensus of the City Council that the recommendation be adopted. M&C L-11392 There was presented Mayor and Council Communication No. L-11392 from the Auth. Quitclaim City Manager recommending that the City Council authorize the City Manager to Deed to T% Dept. execute a Quitclaim Deed to the Texas Department of Transportation for the of Transporation transfer of right-of-way and a drainage easement acquired by the City for highway transfer of right- purposes, described as being Abstract No. 1776, Tract 1, (James A. Ashford of-way & drainage Survey) . It was the consensus of the City Council that the recommendation be easement adopted. M&C C-14206 There was presented Mayor and Council Communication No. C-14206 from the Agreement w/ City Manager recommending that the City Council authorize the City Manager to Brown & Root, Inc. execute an agreement with Brown and Root, Inc. , in the amount of $46,785.00 for engineering designs for the replacement of water and sewer facilities and the reconstruction of Eisenhower Drive (Maceo to Bunch) and Patton Drive (Stalcup to Maceo) . Council Member Meadows inquired about the utilization of Fort Worth DBE firms and inquired how long it would take for another Mayor and Council Communication to be prepared utilizing a Fort Worth firm. Assistant City Manager Mike Groomer advised Council that another Mayor and Council Communication could be brought before Council within two weeks. Council Member Silcox requested that staff place the reason why a Fort Worth firm was not recommended in the Mayor and Council Communication if an outside firm is selected in the process. M&C C-14206 Council Member Meadows made a motion, seconded by Council Member Silcox, denied that Mayor and Council Communication No. C-14206 be denied. The motion carried unanimously. 465 Tnacdavt March R, 1994 M&C C-14207 There was presented Mayor and Council Communication No. C-14207 from the transfer funds City Manager recommending that the City Council transfer $388,475.00 from the Undesignated Disposal account to the 26 UST Upgrade project in the Environmental Management fund; authorize the City Manager to enter into a contract with The Gene Hill Equipment Company, Inc. , in the amount of $369,975.00 for the incorporation of environmental protection and detection systems for 26 underground storage tanks at various City facilities; and authorize establishment of a 5 percent contingency totalling $18,500.00 to cover any unanticipated project costs. It was the consensus of the City Council that the recommendation be adopted. M&C C-14208 There was presented Mayor and Council Communication No. C-14208 from the Auth. agreement City Manager recommending that the City Council authorize the City Manager to w/Poe Engineering, execute an agreement with Poe Engineering, Inc. , for engineering services in Inc. connection with water main rehabilitation Contract "Y" in an amount not to exceed $79,400.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-14209 There was presented Mayor and Council Communication No. C-14209 from the Auth. agreement City Manager recommending that the City Council authorize the City Manager to w/Teague, Nall & execute an agreement with Teague, Nall & Perkins, Inc. , for engineering services Perkins in connection with sanitary sewer rehabilitation Contract No. XXXVIII in an amount not to exceed $95,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-14210 There was presented Mayor and Council Communication No. C-14210 from the Auth. Change Order City Manager recommending that the City Council authorize Change Order No. 1 to No. 1-Contract No. City Secretary Contract No. 19932 with APAC-Texas, Inc. , in the amount of 19932 w/APAC-Texas, $18,891.30 for repaving of Bellaire Drive South from 100 feet east of Boyd to west Inc. in amount of of cul-de-sac, revising the total contract cost to $141,595.30. It was the $18,891.30 consensus of the City Council that the recommendation be adopted. M&C C-14211 There was presented Mayor and Council Communication No. C-14211 from the Auth. Community City Manager recommending that the City Council authorize the City Manager to Facilities Agree- execute a Community Facilities Agreement with the developer, Mira Vista Investors, ment/Mira Vista L.P. , a Texas Limited Partnership, for the installation of community facilities Investors, L.P. for Mira Vista Addition, Blocks 15 and 15A (Phase 5B) . It was the consensus of the City Council that the recommendation be adopted. M&C C-14212 There was presented Mayor and Council Communication No. C-14212 from the Auth. agreement w/ City Manager recommending that the City Council authorize the City Manager to Wier & Associates execute an engineering agreement with Wier & Associates, 3908 South Freeway, Fort Worth, for a fee not to exceed $47,000.00 to prepare plans and specifications for street, water, and sanitary sewer improvements for Henderson Street (Berry to Biddison) and Devitt Street (Fifth to Henderson) . It was the consensus of the City Council that the recommendation be adopted. M&C C-14213 There was presented Mayor and Council Communication No. C-14213 from the Auth. amend City Manager recommending that the City Council authorize the City Manager to Contract No. 19143 amend City Secretary Contract No. 19143 with Poe Engineers, Inc. , increasing the w/Poe Engineers, contract price by $10,817.71 from $183,973.20 to $194,790.91, for additional work Inc. , increasing related to the design and modification of facilities during the construction of contract price Sycamore Creek Golf Course and support facilities. It was the consensus of the City Council that the recommendation be adopted. M&C C-14214 There was presented Mayor and Council Communication No. C-14214 from the City Manager recommending that the City Council : Approve $18,766.07 1. Approve a $18,766.07 fund transfer for the property owner's share of fund transfer construction costs from the Special Assessments Fund to the Street Improvements Fund, and Approve $29,160.85 2 . Approve a $29,160.85 fund transfer from the Streets Construction fund transfer Project to the West Capps Project in the Grants Fund, and Auth. contract w/ 3. Authorize the City Manager to execute a contract with Walt Williams Walt Williams Con. Construction Company, Inc. , in the amount of $197,405.65 with 65 Co. , for street working days for street paving improvements to West Capps from paving improvements Hemphill to St. Louis and Alley Grading from Mulkey to Morningside Drive, and 466 Tuesday, March 8, 1994 Auth. contract u orize the Ctty Manager w/Walt Williams Construction Company, Inc. , in the amount of $58,996,00 for water and Cons. Co. sewer replacements in West Capps Street. It was the consensus of the City Council that the recommendations be adopted. M&C C-14215 There was presented Mayor and Council Communication No. C-14215 from the Auth. grant City Manager recommending that the City Council authorize the City Manager to f/Texas State apply for and accept, if offered, a grant in an amount not to exceed $201,495.00 Library for from the Texas State Library and Archives Commission for Interlibrary Loan Interlibrary services; execute a grant contract with Texas State Library and Archives Loan Service Commission; and apply indirect cost in accordance with the City's Administrative Regulation 3-15 (the 1993 rate of 38.64 percent representing the most recently approved rate for the department) . It was the consensus of the City Council that the recommendation be adopted. M&C C-14216 There was presented Mayor and Council Communication No. C-14216 from the Auth. execute City Manager recommending that the City Council authorize the City Manager to agreement w/ execute an engineering agreement with Carter & Burgess, Inc. , 3880 S. Hulen Carter & Burgess, Street, for a fee not to exceed $61,000.00 to prepare plans and specifications for Inc. , to prepare street reconstruction including water and sanitary sewer replacements in Overbill plans & specs. for Road (Southwest Boulevard to Valhalla Road) and Willis Avenue (Overhill Road to street reconstruc. Borden Drive) . Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-14216 involving a business relationship his firm had with Carter & Burgess, Inc. Council Member Jackson made a motion, seconded by Council Member Lane, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-14216. The motion carried unanimously. Council Member Lane made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-14216 be adopted. The motion carried by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Lane, Silcox, Raskin, Jackson, Woods, and Barr NOES: None ABSENT: None NOT VOTING: Council Member Meadows M&C C-14217 There was presented Mayor and Council Communication No. C-14217 from the Auth. Community City Manager recommending that the City Council authorize the City Manager to Facilities Agree- execute a Community Facilities Agreement with the developer, Stonegate Alamo ment w/Stonegate Partners, L.P. , for the installation of community facilities for Villages of Alamo Partners,L.P. Stonegate, Blocks 1-4. On motion of Council Member Barr, seconded by Council Member Silcox, the recommendation was adopted unanimously. George Pattie Mr. George Pattie, 1120 7th Avenue, appeared before the City Council and appeared expressed opposition to Section 25.25 (D) of the Property Tax Code. City Attorney Adkins informed Mr. Pattie that his objection to the Tax Code should be made to the legislature. closed session It was the consensus of the City Council that the City Council meet in closed session at 11:08 a.m. , to seek the advice of its attorneys concerning the following pending litigation: 1) Mack E. Tippens V. City of Fort Worth, et. al . , Cause No. 352-146588-93 2) City of Fort Worth v. Clyde B. Peabody, et al . , Cause No. 02-93-112-CV 4b / Tuesday, March 8, 1994 as authorized by Section 551.071 of the Texas Government Code and to deliberate concerning the purchase of real property as authorized by Section 551.072 of the Texas Government Code, with such public discussion of this item to have a detrimental effect on the position of the City in negotiations with a third person. M&C G-10576 There was presented Mayor and Council Communication No. G-10576 from the Approve settle- City Manager recommending that the City Council approve the settlement of the case ment of case entitled Mack E. Tippens, vs. City of Fort Worth and Philip A. Woodward, Cause No. 352-146588-93; authorize the expenditure of $25,000.00 to Mack E. Tippens and his attorney, William C. Bledsoe and taxable court costs in order to complete this settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. On motion of Council Member Barr, seconded by Council Member Raskin, the recommendation was adopted unanimously. Item No. X.1 Council Member Silcox made a motion that Item No. X.1 "Addition of Sixth reconsidered Municipal Judge and Support Staff (Municipal Court Advisory Committee Policy Memorandum No. 35)" be reconsidered. Council Member Woods seconded the motion and the motion carried by the following vote: AYES: Council Members Lane, Silcox, Haskin, Jackson, Woods, and Barr NOES: Mayor Granger; Mayor Pro tempore Webber; and Council Member Meadows Approve Policy Council Member Silcox made a motion to approve the Policy Memo as originally Memo submitted. Council Member Woods seconded the motion. The Council discussed this briefly expressing their various positions. The motion carried by the following vote: AYES: Council Members Lane, Silcox, Haskin, Jackson, Woods, and Barr NOES: Mayor Granger; Mayor Pro tempore Webber; and Council Member Meadows ABSENT: None Adjourned There being no further business, the meeting was adjourned at 11:40 a.m. CITY SECRETARY MAYOR CITY COUNCIL MEETING MARCH 22 , 1994 Date and Time On the 22nd day of March, A. D. 1994 , 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 Kay Granger; Council Members Jim Lane, Chuck Silcox , Becky Haskin, McKinley Jackson, Jewel Woods , Bill Meadows , and Kenneth Barr; City Manager Bob Terrell ; City Secretary Alice Church, and Mayor Pro tempore Webber and City Attorney Adkins temporarily absent . With more than a quorum present , the following business was transacted: Invocation The invocation was given by The Reverend Lamarian Wallace, Greater St . Paul Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes 3-8-94 On motion of Council Member Silcox, seconded by Council Member Approved Woods , the minutes of the regular meeting of March 8 , 1994, were approved unanimously .