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HomeMy WebLinkAbout2000/11/21-Minutes-City Council FORTWORTH TO: File FROM: Mary I Kayser, City S c y DATE: November 25, 2014 SUBJECT: Minutes of November 21, 2000 It was discovered that the City Council Meeting Minutes from November 21, 2000, were approved at the November 28,2000, Regular City Council Meeting however,no signed copy was filed in the official minute book. Attached to this memo is a true and correct copy of the minutes as presented in the November 28, 2000, Council Proceeding file. City Secretary's Office CITY COUNCIL MEETING NOVEMBER 21, 2000 Date & Time On the 21St day of November, A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 10:26 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud, Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Bob Terrell; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Sherman C. T. Allen, Shiloh Institutional Church of God in Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of November 14, 2000, were approved unanimously. Special Mr. Brian Boerner, Director of the Environmental Management Presentations Department, assisted by Council Member Davis who drew the winning names for the Employee Ozone Incentive Contest for the end of ozone season, stated that the City of Fort Worth received noteworthy attention in the book Profiles of Local Clean Air Preservation and was recognized by the Environmental Protection Agency as one of the ten cities in the United States that had innovative ozone programs. The following City employees received prizes as indicated: $1,000.00 Travel Gift Certificate: Barry Fox, Police Communications $500.00 Department Store Gift Certificate: Terri Stembridge, Health Department Consumer Affairs Electric Lawn Mower ($375.00 value): Teressa Cooper, Environmental Management Mayor Barr congratulated the department for conducting an excellent program. Announcements Council Member Picht recognized the Yes Committee, students from South Hills High School, who were attending the Council meeting as part of their program. The committee's goal was to encourage other students to provide community service. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 2 of 19 City Manager Terrell recognized Tommy Davis, son of Tom Davis, Director of the City Services Department, who was attending the Council meeting as part of a junior college assignment. Continued/ City Manager Terrell requested that Mayor and Council Withdrawn Communication No. G-13074 be withdrawn from the agenda and that Mayor and Council Communication L-12939 be continued until December 12, 2000. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the following reappointments and appointments be made effective November 21, 2000 and with terms expiring October 1, 2002: Human Relations Commission Rosa Navejar— reappointed to Place 4 Katherin Baker— reappointed to Place 10 Estrus Tucker— appointed to Place 2 Richard Romero — appointed to Place 6 Sophia Sheppard-Richardson — appointed to Place 8 Animal Shelter Advisory Board J. Scott Mellina — reappointed to Place 2 Mayor Barr requested that Council consider the appointment of Lillie Biggins to the Work Advantage Board. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that Lillie Biggins be appointed to the Work Advantage Board effective November 21, 2000. OCS-1175 There was presented Mayor and Council Communication No. OCS- Claims 1175 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 COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 3of19 OCS-1176 There was presented Mayor and Council Communication No. OCS- Res. # 2685 1176 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2685 setting the regular Zoning Zoning Hearing Hearing for December 12, 2000. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13074 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13074, Request for Variance from Distance Regulations to Allow Sale of Alcoholic Beverages at the Exxon Tiger Mart Located at the Northeast Corner of Hulen Street and South Bellaire Drive, be withdrawn from consideration. G-13076 There was presented Mayor and Council Communication No. G- Temporary 13076 from the City Manager recommending that the City Council Closure of authorize the temporary closure of Mosier Valley Road between Mosier Valley Raider Road and 0.8 miles east of Bell Spur Road from November Road 27, 2000, until July 27, 2001, to facilitate reconstruction of existing portions of Mosier Valley Road. It was the consensus of the City Council that the recommendation be adopted. G-13077 There was presented Mayor and Council Communication No. G- Approval Partial 13077 from the City Manager recommending that the City Council Historic Site Tax approve the owners' application for Historic and Cultural Landmark Exemptions for partial historic site tax exemptions for 1801 Washington Avenue Various and 1924 5th Avenue located in the Fairmount Southside Historic Properties District. It was the consensus of the City Council that the recommendation be adopted. G-13078 There was presented Mayor and Council Communication No. G- Verify Historic 13078 from the City Manager recommending that the City Council Site Tax approve the owners' applications for verification of the Historic Exemptions for and Cultural Landmark Historic Site Tax Exemptions for 4301 Various Kenwood Court located in the Kenwood Court Historic District, Properties 2105 Washington Avenue located in the Fairmount Southside Historic District, 1418 Elizabeth Boulevard located in the Elizabeth Boulevard Historic District, and 308 Crestwood Drive. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 4 of 19 G-13079 There was presented Mayor and Council Communication No. G- Ord. # 14417 13079 from the City Manager recommending that the City Council: Comprehensive Energy 1. Authorize the City Manager to accept funds in the amount of Assistance $727,167.00 from the Texas Department of Housing and Program Community Affairs (TDHCA), increasing the Fiscal Year 2000 allocation from $1,341,763.00 to $2,068,930.00; and 2. Adopt Appropriation Ordinance No. 14417 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $727,167.00 from available funds for the purpose of funding the Comprehensive Energy Assistance Program; and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15, at a rate of 18.66 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. G-13080 There was presented Mayor and Council Communication No. G- Membership to 13080 from the City Manager recommending that the City Council D/FW Regional authorize payment in the amount of $44,900.00 for the City of Fort Film Worth's FY2000-2001 membership with the Dallas-Fort Worth Commission Regional Film Commission. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. Council Member Davis requested Council be provided further information regarding this expenditure. Mr. Roger Burke, Executive Director of the Dallas/Fort Worth Regional Film Commission, provided information relative to the economic impact and exposure benefit for the City. Council Member Davis requested that the City be provided a specific and more detailed report of the economic benefit this membership would have for our community, prior to authorizing expenditure for the FY 2001-2002 membership. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 5of19 Mayor Pro tempore McCloud stated that the City would like to have on-going communication with the Commission prior to next year's budget hearings and requested that Mr. Burke provide the Economic Development Committee with a quarterly report that specifically reflected the economic impact realized by the City. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None G-13081 There was presented Mayor and Council Communication No. G- Res. # 2686 13081 from the City Manager recommending that the City Council Increase adopt Resolution No. 2686 increasing to $400,000.00 the maximum Authorized amount to be paid to Kelly, Hart and Hallman as outside counsel to Amount Paid to represent the City in the case of Elizabeth "Jay" Seymour, Pamela Kelly, Hart and Denise Wright, and Patricia Hale v. B. Don Magness and the City of Hallman Fort Worth, Cause No. 352-174866-98. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None G-13082 There was presented Mayor and Council Communication No, G- Continued until 13082 from the City Manager recommending that the City Council after Executive deny Police Officer Tracy L. Milian's request for an extension of Session injury leave-of-absence pay benefits. City Attorney Yett requested that Council defer voting on this issue until after Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 6 of 19 G-13083 There was presented Mayor and Council Communication No. G- Ord. # 14418 13083 from the City Manager recommending that the City Council: Res. # 2687 Fund Outside 1. Authorize the transfer of $300,000.00 from the Water and Legal Counsel Sewer Operating Fund to the Property and Casualty and Increase Insurance Fund; and Expenditures 2. Adopt Supplemental Appropriation Ordinance No. 14418 increasing the estimated receipts and appropriations in the Property and Casualty Insurance Fund in the amount of $300,000.00 from available funds for the purpose of funding the retention of Kelly, Hart and Hallman as outside counsel to represent the City on water related issues; and 3. Adopt Resolution No. 2687 increasing the amount of expenditure to Kelly, Hart and Hallman as outside counsel to assist the City Attorney in water and wastewater matters before the Texas Water Natural Resources Conservation Commission and issues related to certificates of convenience and necessity. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. G-13084 There was presented Mayor and Council Communication No. G- Ord. # 14419 13084 from the City Manager recommending that the City Council: Accept Gift from Fuller 1. Accept a gift from the Fuller Foundation, Inc. in the Foundation, Inc. amount of $88,185.88 for the purpose of maintaining the Fuller Garden for a period of one year; and 2. Adopt Appropriation Ordinance No. 14419 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $88,185.88 from available funds for the purpose of funding operational costs associated with the maintenance of the Fuller Garden. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted, with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 7 of 19 G-13085 There was presented Mayor and Council Communication No. G- Memorandum of 13085 from the City Manager recommending that the City Council Understanding authorize the City Manager to execute a Memorandum of with Dell Understanding with Dell Computer Corporation (Dell). Council Computer Member Wentworth made a motion, seconded by Council Member Corporation Lane, that the recommendation be adopted. Council Member Davis requested Council's permission to abstain from voting on this issue and Mayor and Council Communication No. G-13086 due to a business relationship with Dell. Council Member Silcox made a motion, seconded by Council Member Wentworth, that Council Member Davis be allowed to abstain from voting on Mayor and Council Communication Nos. G- 13085 and G-13086. The motion carried unanimously. The original motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Wentworth NOES: None ABSENT: None NOT VOTING: Council Member Davis G-13086 There was presented Mayor and Council Communication No. G- Set Public 13086 from the City Manager recommending that the City Council: Hearing for Reinvestment 1. Set Tuesday, December 5, 2000, at 10:00 a.m., as the date Zone No. 37 and time for a public hearing before the City Council (a) concerning the advisability of establishing Fort Worth Reinvestment Zone Number 37 for tax increment financing purposes, and (b) establishing the boundaries of the proposed zone; and 2. Authorize the City Manager to give public notice of the public hearing as required by state law; and 3. Authorize the City Manager to give notice of the establishment of a Tax Increment Financing District (TIF) to the other taxing entities. CITY COUNCIL MEETING FORT WORTH, T€:AS NOVEMBER 21, 2000 PAGE 8 of 19 Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Wentworth NOES: None ABSENT: None NOT VOTING: Council Member Davis P-9229 There was presented Mayor and Council Communication No. P- Purchase of 9229 from the City Manager recommending that the City Council Wastewater authorize the purchase of five wastewater refrigerated samplers Refrigerated and shelters for the Water Department from EMSI, Inc. based on Samplers and the bid meeting specifications for a total not to exceed $64,055.00. Shelters Shipping costs are included to the receiving point with payment due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9230 There was presented Mayor and Council Communication No. P- Purchase 9230 from the City Manager recommending that the City Council: Agreement for Valves, 1. Authorize a purchase agreement for valves, operators, parts Operators, Parts and repair service for the Water Department with multiple and Repair vendors considering discounts offered, with payments due Service 30 days from the date of invoice, as follows; and a) Controls International, Inc. EIM Valve Operators - Manufacturer's List Price less 7 percent discount Parts —Manufacturer's List Price Repair Service - $60.00 Regular Hours / $90.00 Overtime Hours Shipping cost for parts only will be prepaid and added to the invoice; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 9 of 19 b) Dezurik c/o Environmental Improvements, Inc. Dezurik Valves — Manufacturer's List Price less 15.1 percent discount Parts — Manufacturer's List Price less 1.3 percent discount Shipping cost is included to the receiving point; and 2. Authorize this agreement to begin November 21, 2000, and expire November 20, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9231 There was presented Mayor and Council Communication No. P- Purchase 9231 from the City Manager recommending that the City Council Agreement for authorize: Street Light Standards and 1. A purchase agreement for street light standards and traffic Traffic Signal signal poles with Valmont Industries, Inc. and The Pole Poles Company based on low bid for each category with freight included in the unit cost and payment due 30 days from receipt of invoice; and 2. This agreement to begin November 21, 2000, and expire November 20, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9232 There was presented Mayor and Council Communication No. P- Purchase of 9232 from the City Manager recommending that the City Council Playground authorize the purchase of playground equipment from Playwell Equipment Group, Inc. for the Parks and Community Services Department based on the overall low bid meeting specifications for the bid price of $26,624.00, with freight included in the price, and terms net 30 days after receipt of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9233 There was presented Mayor and Council Communication No. P- Purchase of 9233 from the City Manager recommending that the City Council Repair Parts authorize the sole source purchase of repair parts for a clarifier drive unit from WesTech for the Water Department for an amount CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 10 of 19 not to exceed $20,000.00, with freight to be prepaid and added to the invoice, and payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. L-12939 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. L-12939 Cancellation of Lake Worth Lease - December 12, 8621 North Lake Drive, Lot 2, Block 18, Lake Worth Lease Survey, 2000 be continued until December 12, 2000. LA 2942 There was presented Mayor and Council Communication No. L- Acquisition of 12942 from the City Manager recommending that the City Council Permanent approve the acquisition of permanent easements described as A- Easements 55, Alexander Crane, Harris and Brooks Survey, from Tarrant Regional Water District; Lot 1, Block 1, Tranquil Acres Addition, and A-55, Alexander Crane, Harris and Brooks Survey, from Brants Equities & Hickman Development, Inc., required for the construction and extension of water service to FM1220 (DOE 3139), for a total cost of $12.00. It was the consensus of the City Council that the recommendation be adopted. L-12943 There was presented Mayor and Council Communication No. L- Acceptance of 12943 from the City Manager recommending that the City Council Permanent approve the acceptance of one permanent drainage easement and Drainage and one permanent sewer line easement described as A-457, John Sewer Line Edmonds Survey, Tarrant County, Texas, from Centex Homes to Easements provide drainage of surface water from The Vineyards at Heritage, Phase 1, and the construction of drainage facilities (DOE 3099), for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-12944 There was presented Mayor and Council Communication No. L- Acceptance of 12944 from the City Manager recommending that the City Council 20-Foot approve the acceptance of one permanent 20-foot storm sewer Permanent easement and one permanent 15-foot utility sewer easement Storm Sewer described as Blocks 1-3, 5, 13-15, Vista Meadows Addition, Tarrant and 15-Foot County, Texas, from E. Crawford Family, LP required for Utility Sewer construction, installation and maintenance of an underground Easements sanitary sewer line (DOE 3114), for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 11 of 19 L-12945 There was presented Mayor and Council Communication No. L- Authorize 12945 from the City Manager recommending that the City Council: Purchase of Properties in the 1. Approve the purchase of properties from six sellers Heritage Center described as Block 5, south 34 feet, Lots 6 and 7, Evans Project South (1100 Missouri Avenue); Block 3, Lot 11, Evans South (801 East Pulaski Street); Block 6, Lot 22, Alford & Veals Subdivision (818 Missouri Avenue); Block 1, Lot 4, Schlaters Subdivision (912 Missouri Avenue); and Block 5, southeast Part 28, south Part 29, south Part 30, Lots 27A and 28A, Evans South (831 East Rosedale Street), required for development of the Heritage Center Project, for a total cost of$152,250.00; and 2. Authorize the City Manager to execute the appropriate deeds and closing documents, and allow the Engineering Department, Real Property Management Division to file the deeds in the City's name. It was the consensus of the City Council that the recommendation be adopted. L-12946 There was presented Mayor and Council Communication No. L- Acceptance of 12946 from the City Manager recommending that the City Council Pipeline License approve the acceptance of one pipeline license from the Burlington Northern and Santa Fe Railway Company at Milepost 341.60, Line Segment 7500, Fort Worth, Tarrant County, Texas, for Southside II, S2-6 Water Transmission Main, Contract 3 (DOE 2608) for a one- time acquisition cost of $3,550.00, which includes a $250.00 processing fee and an $800.00 charge for participation in licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. L-12947 There was presented Mayor and Council Communication No. L- Right-of-Way 12947 from the City Manager recommending that the City Council Acquisition approve the acquisition of right-of-way described as Lot 1, Block 1, Jerry Spencer Addition, from Jerry J. Spencer, required for the bridge and approach reconstruction at Randol Mill Road and IH-820 (DOE 2542), for a total estimated cost not to exceed $5,500.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 12 of 19 L-12948 There was presented Mayor and Council Communication No. L- Acquisition of 12948 from the City Manager recommending that the City Council Permanent approve the acquisition of one permanent easement described as Easement Lot 2, Block 1, Western Crossing Addition, Tarrant County, Texas, from Waffle House, required for the construction of a new water line for Western Crossing Addition (DOE 3185), for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12949 There was presented Mayor and Council Communication No. L- Approve the 12949 from the City Manager recommending that the City Council: Sale of Tax Foreclosed 1. Approve the sale of the tax foreclosure property described Surplus as Lots 18 and 19, Block 13, Worth Hills Addition (3310 Property Roosevelt Avenue) to the adjoining property owner, Mr. Olumn Wilson, as allowed by Texas Local Government Code Section 272.001(13)(1), for $4,000.00; and 2. Authorize the City Manager to execute the appropriate deed conveying the property to the adjoining property owner and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-12950 There was presented Mayor and Council Communication No. L- Authorize Lease 12950 from the City Manager recommending that the City Council: Agreement for Office Space 1. Authorize the City Manager to execute a lease agreement with Oakwind, Ltd. for office space located at 6857-A Green Oaks Road for the Police Department, at a cost of $6,000.00 per year for one year; and 2. Approve the lease term of one year commencing on the date the City opens for business in the lease space, and expiring the last day of the twelfth full calendar month following the commencement date, with two options to renew for one year each at monthly rental amounts of $575.00 and $650.00, respectively. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 13 of 19 PZ-2245 There was presented Mayor and Council Communication No. PZ- Approve 2245 from the City Manager recommending that the City Council Annexation approve the annexation timetable in order to annex 39.0105 acres Timetable for of land out of the Jose Chirino Survey, Abstract No. 265, Tarrant Annexation of County, Texas, Annexation Case No. A-00-14, in compliance with 39.0105 Acres of the requirements of Chapter 43 of the Local Government Code of Land out of the the State of Texas and direct staff to prepare a service plan that Jose Chirino provides for the extension of full municipal services to the Survey, Abstract annexation area. It was the consensus of the City Council that the No. 265 recommendation be adopted. PZ-2246 There was presented Mayor and Council Communication No. PZ- Approve 2246 from the City Manager recommending that the City Council Annexation approve the annexation timetable in order to annex 78.3304 acres Timetable for of land out of the S. T. Rhodes Survey, Abstract No. 1868, the Annexation of Thomas Logan Survey, Abstract No. 1797, and the Jose Chirino 78.3304 Acres of Survey, Abstract No. 265, Tarrant County, Texas, Annexation Case Land out of the No. A-00-16, in compliance with the requirements of Chapter 43 of S. T. Rhodes the Local Government Code of the State of Texas and direct staff to Survey, Abstract prepare a service plan that provides for the extension of full No. 1868, the municipal services to the annexation area. It was the consensus of Thomas Logan the City Council that the recommendation be adopted. Survey, Abstract No. 1797, and the Jose Chirino Survey, Abstract No. 265 PZ-2247 There was presented Mayor and Council Communication No. PZ- Approve 2247 from the City Manager recommending that the City Council Annexation approve the annexation timetable in order to annex 27.04 acres of Timetable for land out of the Robert Whitley Survey, Abstract No. 1672, Tarrant Annexation of County, Texas, Annexation Case No. A-00-17, in compliance with 27.04 Acres of the requirements of Chapter 43 of the Local Government Code of Land out of the the State of Texas and direct staff to prepare a service plan that Robert Whitley provides for the extension of full municipal services to the Survey, Abstract annexation area. It was the consensus of the City Council that the No. 1672 recommendation be adopted. C-18355 There was presented Mayor and Council Communication No. C- Westhill 18355 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute the first renewal of the Inc. annual contract with Westhill Construction, Inc. in the amount of CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 14 of 19 $54,850.00 for the construction of 105 speed humps and 5 raised crosswalks with sidewalk ramps at various locations. It was the consensus of the City Council that the recommendation be adopted. C-18356 There was presented Mayor and Council Communication No. C- Change Order 18356 from the City Manager recommending that the City Council No. 2 — CSC # authorize the City Manager to execute Change Order No. 2 to City 25734 - Mid- Secretary Contract No. 25734 with Mid-State Utilities, Inc. in the State Utilities, amount of $35,945.00 to provide for additional and increased pay Inc. item quantities to Main 21 Drainage Area Sanitary Sewer Rehabilitation and Improvements (Group 7, Contract 3) Part 3, Unit 1, thereby increasing the contract amount to $574,451.00. It was the consensus of the City Council that the recommendation be adopted. C-18357 There was presented Mayor and Council Communication No. C- Stocker 18357 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of $1,197,035.00 for Water Main Extensions, Replacements, and Relocations Contract 2000C. It was the consensus of the City Council that the recommendation be adopted. C-18358 There was presented Mayor and Council Communication No. C- American 18358 from the City Manager recommending that the City Council: Environmental Specialties, Inc. 1. Authorize the City Manager to execute an annual contract with American Environmental Specialties, Inc. for asbestos abatement operations and maintenance services at a total cost not to exceed $50,000.00; and 2. Authorize this agreement to begin January 1, 2001, and end December 31, 2001, with options to renew for two successive one-year terms. It was the consensus of the City Council that the recommendation be adopted. C-18359 There was presented Mayor and Council Communication No. C- Continued One 18359 from the City Manager recommending that the City Council Week authorize the City Manager to execute a Public Right-of-Way Use Agreement with Dynamic Cable Construction Company, Inc. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 15 of 19 Council Member Wentworth inquired if the City had done all it could from a legal standpoint to ensure that the City of Fort Worth was protected should Dynamic Cable or the subcontractor caused any damages in the City of Fort Worth's public rights-of-way. Peter Vaky, Assistant City Attorney, informed Council that staff had been advised that the City must allow Dynamic Cable access to the right-of-way. He added that Transportation and Public Works (TPW) has been advised to be aware of the construction process and to take reasonable precautions. Council Member Wentworth inquired if the company was communicating with TPW staff to ensure that there was no extensive damage done to the City's property. Mr. Wentworth also recommended that TPW and Dynamic Cable Construction conduct detailed meetings and that written records of the meetings be provided to the City to ensure that the City and the company understand that no significant damage would be done to City property. George Freeman Mr. George Freeman, 1300 Ross Avenue, Dallas, Texas, the Attorney representing Dynamic Cable Construction Company, Inc., appeared and agreed to Mr. Wentworth's recommendation. He added that the company would provide the City with the same information that had been furnished to other cities to protect the city from damages. After a lengthy discussion among Council Members, legal staff, and Mr. Freeman, Mayor Pro tempore McCloud made a substitute motion, seconded by Council Member Davis, to continue this issue for one week, and also to have it on for discussion at Pre-Council meeting or executive session. Mickey Redwine Mr. Mickey Redwine, President of Dynamic Cable Construction Company, Inc., 591 PZCR 4823, Ben Wheeler, Texas 75754, appeared before Council and stated that delaying this issue for a week would have a significant monetary impact on his company. He stated that he would endeavor to protect all interests of the City and would take out additional bonds if required to do so by the City. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 16 of 19 Mayor Barr suggested that Mayor Pro tempore McCloud amend his motion to include M&C C-18360 as it also pertained to access of the public right-of-way. Mayor Pro tempore McCloud amended his motion, and Council Member Davis amended her second, to continue this issue and Mayor and Council Communication No. C-18360 (Public Right-of- Way Use Agreement with Optical Access Networks, Inc.) for one week. The motion carried unanimously. C-18361 There was presented Mayor and Council Communication No. C- Ord. # 14420 18361 from the City Manager recommending that the City Council: Change Order No. 7 — CSC # 1. Approve the transfer of $87,732.00 from undesignated funds 25700 — in the Environmental Management Fund to the Meacham Certified/LVI Asbestos Abatement Project in the Environmental Project Environmental Fund; and Services, Inc. 2. Adopt Appropriation Ordinance No. 14420 increasing the estimated receipts and appropriations in the Environmental Project Fund in the amount of $87,732.00 from available funds for the purpose of funding Change Order No. 7 to Meacham Terminal Building Asbestos Abatement Project; and 3. Authorize the City Manager to execute Change Order No. 7 to City Secretary Contract No. 25700 with Certified/LVI Environmental Services, Inc. which authorizes the removal and disposal of a secondary ceiling, tunnel installation using scaffolding and plywood, provides for necessary electrical wiring corrections, and issues a credit for carpet damaged by Certified/LVI, thereby increasing the contract amount to $728,464.00. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. Council Member Wentworth was concerned that nine months after awarding the contract that the City was already on Change Order No. 7 and expressed that the contract had already expanded almost 40 percent over the original bid quote. Mr. Brian Boerner, Director of Environmental Management, appeared before the City Council and advised Council that they were trying to make Meacham Airport more marketable for existing CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 17 of 19 lease holders or to airlines that may come; maintain the terminals as being accessible; and to complete the project within their estimated budget; however, extenuating circumstances presented themselves once the work had begun which increased the project substantially. He informed Council that the project was complete and that this was the last change order. The motion carried unanimously. C-18362 There was presented Mayor and Council Communication No. C- .COM 18362 from the City Manager recommending that the City Council ENTERTAINMENT, authorize the City Manager to enter into a contract with .COM INC. ENTERTAINMENT, INC. for the production of an animated video at a total cost not to exceed $35,095.00. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 403.0 acres of land out Case No. A-00- of the William McCowan Survey, Abstract No. 999, Tarrant County, 15 —William Texas. Mayor Barr asked if there was anyone present desiring to McCowan be heard. Survey, Abstract No. 999 Mr. Kevin Lasher, representing the Development Department, appeared before the City Council, presented a staff report, and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted on December 12, 2000. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 403.0 acres of land out of the William McCowan Survey, Abstract No. 999, Tarrant County, Texas, Annexation Case No. A-00-15, Council Member Lane made a motion, seconded by Council Member Haskin, that the second public hearing be closed and that staff be directed to institute annexation proceedings. The motion carried unanimously. Citizen The following citizens appeared before Council in opposition of the Presentations City's intent to eliminate public access programming on Cable Channel 46. They expressed concerns relative to no religious representation on the Blue Ribbon Committee which recommended the discontinuance of Channel 46, users of Channel 46 not being contacted about its elimination, and no longer providing this avenue to express their opinions. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 18 of 19 Champion Mr. Champion Christian 5716 Wharton Drive Christian, Dr. Edward Furtch 7405 Wichita Street Edward Furtch, Rev. James Brown 3501 Avenue I James Brown, Elder Roscoe Sanders 3724 Raphael Drive Roscoe Sanders Pastor Bob Caviness 2317 May Lane, Grand Prairie, TX Bob Caviness, Mr. Ken Morrison 2809 Sommerset Drive, Ken Morrison Grand Prairie, TX Mayor Barr directed City Manager Terrell to have staff provide an Informal Report to the Council for discussion regarding the elimination of Channel 46. Rhonda Cates Ms. Rhonda Cates, 2501 Cedar Springs, Suite 250, Dallas, Texas, attorney for Police Officer Tracy L. Milian, appeared before Council regarding Officer Milian's request (M&C G-13082) for extension of Injury Leave-of-Absence Pay. She provided information to be considered by Council to make a decision on this issue. Executive It was the consensus of the City Council that the Council meet in Session closed session at 12:09 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Legal issues concerning TXU gas rate filing; b) Legal issues concerning TXU franchise fee litigation (City of Denton v. Texas Utilities Company, et al., Cause No. 2000-30109-393); c) Request for leave extension by Officer Tracy L. Milian; d) Livingston, et al v. City of Fort Worth, Cause No. 352- 176354-98; e) Hickey, et al v. City of Fort Worth, Cause No. 348- 185345-00; f) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94; and g) Seymour, et al v. City of Fort Worth, et al, Cause No. 249-68-98; as authorized by Section 551.071 of the Texas Government Code; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 21, 2000 PAGE 19 of 19 2. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code; and 3. Deliberate concerning the appointment of a City Manager, as authorized by Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:25 p.m. G-13082 There was presented Mayor and Council Communication No. G- Request for 13082 from the City Manager recommending that the City Council Extension of deny Police Officer Tracy L. Milian's request for an extension of Injury Leave —of- injury leave-of-absence pay benefits. Council Member Silcox made Absence a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. Susan Bulla, Director of Risk Management, advised the Council that the time at issue was the use of Family Leave time. This time is intended for use in case of a family member's illness and not to be used as an extension of the officer's sick leave. Adjournment There being no further business, the meeting was adjourned at 1:35 p.m. i