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HomeMy WebLinkAbout1991/07/09-Minutes-City Councilouncil Met embers Present nvocation ledge of llegiance inutes of July 2, 991 approved roclamation - .S. Women's Open olf Championship r. Vito Lebedov rom Moscow r. Pat Taylor re pecial communica- ions equipment fo ome bound citizen ithdrew M&C -12950 CITY COUNCIL MEETING JULY 9, 1991 On the 9th day of July, A.D., 1991, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewell Woods, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Assistant City Secretary Gloria Pearson; Council Member William Meadows absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Lemarian Wallace, Chaplain, Tarrant County Jail and Federal Correction Institution, sponsored by the Interdenominational Ministerial Alliance, Baptist Ministers Union and Tarrant Area Community of Churches. The Pledge of Allegiance was recited. On motion of Council Member Chappell, seconded by Council Member McCray, the minutes of the meeting of July 2, 1991, were approved. A proclamation for U.S. Women's Open Golf Championship was presented to Ms. Marty Leonard. Ms. Sharon Holcomb, Public Relations for The Perot Group, appeared before the City Council and introduced Mr. Vito Lebedov, Summer Intern with The Perot Group from Moscow and Mayor Pro tempore Webber presented him with a Key to the City of Fort Worth. Mr. Pat Taylor, 614 Monticello, appeared before the City Council and offered to the City of Fort Worth special communications equipment for home bound citizens and citizens who are unable to come to City Council meetings and advised City Council that the equipment is free to the City with one condition which is to have the City either buy or condone Mr. Taylor's solicitation of a TDD attachment to allow hearing impaired to express their feelings and needs from home to the City Council and that the City Council provide interpretation in sign of the proceedings every week for the hearing impaired. Council Member Woods requested that Mayor and Council Communication No. C-12950 be withdrawn from the consent agenda. Minutes of City Council S-3 Page 130 Withdrew M&C Nos. L-10550 and C-12949 Withdrew M&C C-12954 Withdrew M&C OCS- 307 Withdrew M&C No. G-9212 Withdrew Zoning Docket No. Z-91-50 M&C G-9212 cont. for one week 31 Tuesday, July 9, 1991 Council Member McCray requested that Mayor and Council Communication Nos. L-10550 and C-12949 be withdrawn from the consent agenda. Council Member Puente requested that Mayor and Council Communication No. C-12954 be withdrawn from the consent agenda. Mayor Granger advised City Council that Mayor and Council Communication No. OCS-307 needs to be withdrawn from the consent agenda. City Manager Ivory requested that Mayor and Council Communication No. G-9212 be withdrawn from the consent agenda. City Manger Ivory withdrew Zoning Docket No. Z-91-50 from the City Council agenda. Council Member Matson requested that Mayor and Council Communication No. G-9212 be continued for one week. Consent agenda On motion of Council Member Chappell, seconded by Mayor Pro tempore Webber, the approved as amende consent agenda, as amended, was approved. Nominated Mr. Mayor Pro tempore Webber nominated Mr. Alexander Davis for membership on the Board of Alexander Davis on Adjustment and made a motion, seconded by Council Member McCray, that Mr. Alexander Davis the Board of Ad- be appointed to Place 5 to fill a vacant position, with the term of office expiring October j us tme n t 1, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. Nominated Ms. Wand Council Member Matson nominated Ms. Wanda Conlin for membership on the City Plan Conlin on the Commission and made a motion, seconded by Mayor Pro tempore Webber, that Ms. Wanda Conlin City Plan Commi - be appointed to Place 4 on the City Plan Commission, with a term of office expiring October ssion 131 1992. When the motion was put to a vote by the Mayor, it prevailed unanimously. Resignation of Mr. Council Member Woods made a motion, seconded by Council Member McCray, that the Bill Frey from the resignation of Mr. Bill Frey for the Citizens' Cable Board be accepted with regrets. When Citizens' Cable the motion was put to a vote by the Mayor, it prevailed unanimously. BoarO,,.,, , �,1,1 _ , . _,�., City Manager Ivory City Manager Ivory advised City Council that the proposed resolution in opposition to re Resolution for proposed amendment to the Charter of the City of Fort Worth Regarding Wage Formula for Fort Wage Formula for Fort Worth Police Worth Police Department Employees needs to be continued until after executive session. cont. until after executive session Council Member Silcox made a motion, seconded by Mayor Pro tempore Webber, that Council Member consideration of resolution in opposition to proposed amendment to the Charter of the City Silcox re Resolu- of Fort Worth Regarding Wage Formula for Fort Worth Police Department Employees be continued tion Fort Worth until after executive session. When the motion was put to a vote by the Mayor, it prevailed Police I unanimously. City Manager Ivory City Manger Ivory advised City Council that there is an item on the executive session re Wackenhut with regard to the Wackenhut Corrections Corporation's Intermediate Sanction Facility being Corrections Corp. developed at the intersection of Blue Mound Road and advised City Council that this item Intermediate also needs to be continued until after executive session. Sanction Facility Council Member Chappell made a motion, seconded by Council Member Silcox, that consideration of resolution in opposition to the Intermediate Sanction Facility being located at 4800 Blue Mound Road be continued until after executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Silcox made a substitute motion, seconded by Council Member Chappell, that the City Council recess into executive session to seek the advise of its attorney concerning matters which are exempt from public disclosure by Rule 1.05, Texas Disciplinary Rules of Professional Conduct (Article X, Section 9, State Bar Rules) with regard to Wackenhut Corrections Corporation Correction Facility being developed at intersection of Blue Mound Road and Meacham Boulevard and to discuss matters involving the purchase, exchange, lease, or value or real property with regard to Wackenhut Corrections Corporation Correction Facility being developed at intersection of Blue Mound Road and Meacham Boulevard, as authorized by Section 2(f), Article 6252-17 V.A.C.S., of the Texas Open Meeting Act, with public discussion of this matter to have a detrimental effect on the negotiating position of the City as between the City and a third person, firm, or corporation: , . Mayor Granger re Mayor Granger advised the audience that the City Council will recess into'executive advised the au- session to discuss these two items and return to the City Council Chambers to hear citizen die nce recess into presentations on the Intermediate Sanction Facility and advised the audience of the City executive session Council's intention to continue Mayor and Council Communication No. C-12956 for two weeks, and place it on Pre -Council agenda on next week for discussion. Reconvened into The City Council reconvened into regular session with eight Members present and regular session 11 Council Member Bill Meadows absent. Resolution regard Mayor Granger read the amended resolution regarding the Wackenhut Facility for the i ng Wackenhut record. Facility Minutes of City Council S-3 Page 131 Tuesday, July 9, 1991 Mr. Albert De Leon Mr. Albert De Leon, Chairman of Concerned Citizens of Diamond Hill, 1509 Terminal re Intermediate Road, appeared before the City Council and presented the City Council with a copy of the Sanction Facility notice of the first public hearing and requested that the City Council give a favorable consideration to the resolution in opposition to the Intermediate Sanction Facility being located at 4800 Blue Mound Road. Mr. John Grace re Mr. John Grace, Manager and Partner of Meacham 3 -Way Center, 4903 Blue Mound Road, Intermediate 9 Y Sanction Facility appeared before the City Council and requested that the City Council give a favorable consideration to the resolution in opposition to the Intermediate Sanction Facility being located at 4800 Blue Mound Road. Ms. Dorothy Ather- Ms. Dorothy Atherton, 3717 Neches, appeared before the City Council and requested that ton re IntermediatE the City Council give a favorable consideration to the resolution in opposition to the SanctionFacility Intermediate Sanction Facility being located at 4800 Blue Mound Road and advised City Council that, if the facility is approved at this location, it would be within one mile of three public schools. Mr. Pedro Herrera re Intermediate Sanction Facility Mr "Donnis Hatchet re Intermediate Sanction Facility Council Member Matson excused him self from Counciiy Mr. Wayne Calobres re Wackenhut Facility Council Member Matson assumed his chair Ms. Cora Mosley re Intermediate Sanction Facility Mr. Pedro Herrera, 3324 North Pecan Street, appeared before the City Council and advised the City Council that currently the Diamond Hill area is allegedly experiencing inadequate police protection and that the officers cannot stop the crime that is already going on in the community and stated that the facility would add to the situation and expressed opposition to the Wackenhut Facility being placed at this location. Mr. Donnis Hatchett, 3151 Grover, appeared before the City Council and advised City Council that he was told that there would be technical violators placed at the Wackenhut Facility and stated that the Diamond Hill area already has two such facilities; that the citizens have been left out of the process and asked to bear the burden that other areas in the City would not have to bear; and requested that the City Council give favorable consideration to the resolution in opposition to the Intermediate Sanction Facility being located at 4800 Blue Mound Road. Council Member Matson excused himself from the City Council Chamber at this time. Mr. Wayne Calobrese, Vice President of Business Development for the Wackenhut Corrections Corporation, 1500 San Remo Avenue, Coral Gables, Florida, appeared before the City Council and requested that the City Council extend the time of his presentation to allow him to adequately answer questions that were raised last week about the Wackenhut Facility and advised City Council that he is not so much in opposition to the amended resolution that was read by the Mayor early on in the meeting and requested that the City Council let the scheduled public hearing to go forth without any opposition from the City. At this time, Council Member Matson assumed his chair at the Council table. Ms. Cora Mosley, 5112 Winesanker Way, appeared before the City Council and expressed support for the amended resolution regarding the Intermediate Sanction Facility being located at 4800 Blue Mound Road. Mr. Bob Jordan re Mr. Bob Jordan,.3606 Hialeah Drive, appeared before the City Council and advised the Intermediate City Council that the City of Fort Worth is in need of such a facility as Wackenhut and that Sanction Facility he is in support of the facility regardless of its location. Mr. Phillip Lisle Mr. Philip Lisle, 1717 Independence, appeared before the City Council and requested re Intermediate that the City Council give favorable consideration to the Wackenhut Facility be located in Sanction Facility the Diamond Hills area. Mr. Thomas Palmer Mr. Thomas Palmer, 7932 Irish, appeared before the City Council and requested that re Intermediate City Council give favorable consideration to the Wackenhut Facility being located in the Santi on Facility Diamond Hills area. r. John Jenisth Mr. John Jenisth, 7701 Westwind Drive, appeared before the City Council and requested e Intermediate that the City Council give favorable consideration to the amended resolution with regard to anction Facility the Intermediate Sanction Facility and expressed concerns regarding the safety of our citizens on the street. r. Felix Encarna- Mr. Felix Encarnaci on, 6029 Sidewinder, appeared before the City Council and advised ion re Inter- City Council that the individuals working at the Wackenhut Facility are professionals and ediate Sanction requested that City Council give favorable consideration to the amended resolution. acility r. George Young re Mr. George Young, Attorney representing the Wackenhut Facility, 3200 Team Bank n termed i ate Building, appeared before the City Council and advised City Council that he is not in anction Facility opposition to the current wording on the Wackenhut resolution and advised City Council that the main,,concern of Wackenhut was to allow the citizens of Diamond Hills to he heard by having another hearing regarding the Wackenhut Facility being located in the 4800 Block of Blue Mound Road; advised the City Council that, in his opinion, the resolution is not necessary because of the court order mandating a second public hearing; and advised City Council that there was no finding that Wackenhut violated any laws in the public notice of the proposed location of the Wackenhut Facility being located at 4800 Blue Mound Road. Minutes of City Council S-3 Page 132 1.33 Tuesday, July 9, 1991 Representative Representative Doyle Willis, 3316 Browning Court, appeared before the City Council and Doyle Willis re clarified the issue with regard to his receiving the notice of the public hearing for the Intermediate Wackenhut Prison location and advised the City Council that the prison should not be located Sanction Facility in an area where the citizens do not want it; and stated that the Wackenhut Correction Corporation will have another hearing because they did break the law and requested that the City Council support its original resolution in opposition to the Intermediate Sanction Facility being located at 4800 Blue Mound Road. Mr. Rice Tilley Mr. Rice Tilley, 3200 Team Bank Building, appeared before the City Council and advised re Fruehauf Trail- the City Council that the term of the lease was correctly stated by Mr. Donni s Hatchett and e r Corp. that he had been told by Mr. Robert Gun of the Fruehauf Trailer Corporation that they did not intend to extend the lease with the City of Fort Worth; and stated that he is not an attorney for the City of Fort Worth, but for Fort Worth Development Industrial, Inc., and state& that -he has no conflict of interest by working as an attorney for the Wackenhut Corrections Corporation. Council Member Puente made a motion, seconded by Council Member Silcox, that the amended resolution with regard to Wackenhut Correctional Corporation be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1738 1738 WHEREAS, Wackenhut Correctional Corporation has determined that a facility located at 4800 Blue Mound Road currently owned by the Fort Worth Industrial Development, Inc., and leased to Fruehauf Trailer Corporation is an appropriate site for such an operation, WHEREAS, significant community concerns have been raised concerning whether the required public hearing process set forth in Vernon's Ann. Code of Criminal'ProCedure Article 42.13, Section 10, was appropriately followed, and WHEREAS, additional reservations have been expressed concerning the conversion of use of this manufacturing facility to an Intermediate Sanction Facility, NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Fort Worth expresses its concern regarding the public hearing process followed in connection with the proposed Intermediate Sanction Facility at this location and urges that a full, fair and open hearing process be conducted and that legitimate community concerns be addressed regarding the propriety of siting the facility at 4800 Blue Mound Road. Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean, appeared before the City Council and requested that a re sand and gravel statement be included in the text amendment ordinance regarding a moratorium to be placed mining permits on the issuance of sand and gravel mining permits not to allow variances and grandfathering and advised City Council that he would like to see included in the moratorium a provision whereby Boards, Commissions, and Committees not grant any special exceptions or waivers of any type and questioned whether this item could be placed on the City Council agenda for next week for a vote. City Attorney Ad- City Attorney Adkins advised the City Council that the proposed moratorium for the kins re sand and issuance of sand and gravel mining permits could possibly be presented to City Council gravel mining per- within two weeks. mits M&C OCS-305 Liability Bonds M&C OCS-305 adopted There was presented Mayor and Council Communication No. OCS-305 from the Office of the City Secretary recommending that the City Council accept liability bonds, as follows: PARKWAY CONTRACTOR'S BOND R.O.S. Constructors Linder -Stahl Construction Co., Inc. Phoenix Construction, Inc. INSURANCE COMPANY United States Fidelity & Guaranty Company Amwest Surety Insurance Company Lawyers Surety Corporation It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 133 13'1 Tuesday, July 9, 1991 8C OCS-306 Claims There was presented Mayor and Council Communication No. OCS-306 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged jdamages,�.and/or ,injuries ; to the Ri sk;,Management Department, as follows: arry G. Biffel 1. Claimant: Barry G. Biffel Date Received: June 27, 1991 Date of Incident: June 21, 1991 Location of Incident: 3314 N. Elm Street Estimate of Damages/ Injuries: $1,362.83 - $1,661.97 Nature of Incident: Claimant alleges damages to vehicle as result of tree limb falling on vehicle. ommercial Credit 2. Claimant: Commercial Credit Corp (Mary Richardson) orp (Mary Richard- Date Recei ved: June 28, 1991 on) Date of Incident: April 12, 1991 Location of Incident: 1200 S.E. Loop 820 Estimate of Damages/ Injuries: $1,850.00 Nature of Incident: Claimant alleges damages as result of sale of vehicle at auction. tate Farm Insuran-I 3. Claimant: State Farm Insurance (Rhonda Madison) e ( Rhonda Madison) Date Received: July 1, 1991 Date of Incident: June 3, 1991 Location of Incident: 5400 Santa Maria Estimate of Damages/ Injuries: .$1,132.50 Nature of Incident: Claimant alleges subrogation rights as result of 1 payment to clients for alleged undisclosed damages. tuart Earl Lewis 4. Claimant: Stuart Earl Lewis Date Received: July 1, 1991 Date of Incident: June 26, 1991 Location of Incident: County Road 1014 Estimate of Damages/ Injuries: $370.25 - $406.28 Nature of Incident: Claimant alleges damages sustained to vehicle as result of road conditions. heresa Bobo 5. Claimant: Theresa Bobo Date Received: July 1, 1991 Date of Incident: June 5, 1991 Attorney: , ;, Keith D. Lemons Location of Incident: 2820 Denton Highway Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as result of falling into storm drain. dward Davis ,Morts ,. 6. Claimant:,,.,,,,Edward Davis Morts Alexander l exander Date Received: July 2, 1991 Date of Incident: June 27, 1991 Location of Incident: 2500 Trinity Park Avenue Estimate of Damages/ Injuries: $337.48 - $343.84 Nature of Incident: Claimant alleges damages to vehicle as result of rocks and dirt being thrown from City mower. John J. Lyle 7. Claimant: John J. Lyle Date Received: July 3, 1991 Date of Incident: Undeclared Location of Incident: 2781 Glen Garden Drive Estimate of Damages/ Injuries: $54.98 Nature of Incident: Claimant seeks reimbursement for private plumber service to city line. Lee A. Barnes II 8. Claimant: Lee A. Barnes II Date Received: July 3, 1991 Date of Incident: June 26, 1991 Location of Incident: 2333 W. Magnolia Estimate of Damages/ Injuries: $275.11 - $346.13 Nature of Incident: Claimant alleges damages to vehicle as result of tree limb falling on vehicle. Minutes of City Council S-3 Page 134 Fay Ann Williams (Davis) William P. Cobb/ Susan L. Wilkie Roecho Camps, next friend of Teresa Campos, a minor (deceased) Tony Campos, a Minor (deceased), and Christina Campos, a minor (deceased) M&C OCS-306 adopted 9. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 10. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 11. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 135 Tuesday, July 9, 1991 Fay Ann Williams (Davis) July 3, 1991 Undeclared 3910 Hemphill Street Undeclared Claimant alleges injuries sustained as result of foot slipping into a hole. William P. Cobb/Susan L. Wilkie July 3, 1991 April 11, 1991 3429 Medina $1,125.00 - $1,429.45 Claimants allege damages to carpet in house as the result of water backing up through the toilet and bath tub. Roecho Camps, Individually, and as Next Friend of Teresa Campos, a Minor (Deceased), Tony Campos, a Minor (Deceased), and Christina Campos, a Minor (Deceased) July 3, 1991 May 14, 1991 Timothy J. Crowley 2015 Lincoln Avenue Undeclared Claimant alleges damages as the result of a fire. It was the consensus of the City Council that the recommendation be adopted. M&C OCS-307 There was presented Mayor and Council Communication No. OCS-307 from the Office of the Contract with City Secretary, as follows: Tarrant County - Elections Admin. SUBJECT: CONTRACT WITH TARRANT COUNTY ELECTIONS ADMINISTRATOR FOR SERVICES RELATED TO THE CHARTER AMENDMENT ELECTION ON AUGUST 10, 1991 RECOMMENDATION: It is recommended that the City Manager or his designee be authorized to execute a contract with the Tarrant County Elections Administrator for services to be performed under the direction of the City Secretary for the Charter Amendment Election on August 10, 1991. RAf'K(;m iNn The City Council on June 25, 1991, adopted Ordinance No. 10866 calling an election to be held on August 10, 1991, to amend the City Charter. The City Secretary proposes to contract with the Tarrant County Elections Administrator for services to be performed under the direction of the City Secretary, as follows: - Training of judges and clerks . . . . . . . . . . $ 160.00 - Procure, prepare, and distribute ballots . . . . 200.00 - Procure, prepare, and distribute election kits 200.00 - Compensation of absentee clerks . . . . . . . . . 21,755.65 - Central Counting Station personnel and equipment 960.00 - Preparation of Canvass . . . . . . . . . . . . 2,000.00 - Compensation of election judges and clerks . . . 30,315.00 - Compensation of Absentee Ballot Board . . . . . 600.00 $56,190.65 Other estimated election expenses, for which the City of Fort Worth either will pay to Tarrant County, or reimburse Tarrant County for actual amounts are as follows: - Cost of Ballots$ 6,440.00 - Cost of Election Kits 5,200.00 - Rental and delivery of tables and chairs . . . . 960.00 - Lease and delivery of OPTECH machines . . . . 12,900.00 - Rental of Polling Places . . . . . . . . . . . 11,000.00 - Postage for absentee voting . . . . . . . . 1,560.00 38,060.7 Minutes of City Council S-3 Page 135 Tuesday, July 9, 1991 M&C OCS-307 cont. I) Total expenditure for the August 10, 1991, Charter Amendment election is estimated to be $94,251.00. The Department of Law has reviewed and approved the contract. PAYMENT OF SERVICES: Partial payment of $47,000.00 to the Tarrant County Elections Administrator is required on or before July 23, 1991, with the balance due within 30 days from the date of billing for same. Tarrant County will provide to the City of Fort Worth copies of all invoices for which actual reimbursement of expenses incurred by Tarrant County will be made. FINANCING: Funds in the amount of $130,000.00 are available in GG01-011-50-00. M&C OCS-30 7 On motion of Council Member Woods, seconded by Council Member Puente, the recommendation, adopted as contained in Mayor and Council Communication No. OCS-307, was adopted. Benefit Hearing It appearing to the City Council that the City Council on June 11, 1991, set today as BH -0056 the date for the benefit hearing in connection with the assessment paving of Borden Drive from West Vickery Boulevard to Willis Avenue and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on June 18, 19, and 20, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public Works, re BH -0056 appeared before the City Council and advised the City Council that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin has gone to his office but can return if there are questions by the City Council; and called attention of the City Council to Mayor and Council Communication No. BH -0056, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BORDEN DRIVE FROM WEST VICKERY BOULEVARD TO WILLIS AVENUE (PROJECT NO. 67-040216) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and _ 2. Levies the assessments.as proposed, and 3., Acknowledges' that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Borden.Drive from West Vickery Boulevard to Willis Avenue. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Borden Avenue from West Vickery Boulevard to Willis Avenue. The existing street consists of asphalt pavement in poor condition with curb and gutter. One and two-family residences will not be assessed. Borden Avenue will be constructed with standard concrete pavement. Standard driveways and sidewalks will be built where shown on the plans. On June 11, 1991 (M&C G-9189), the City Council established July 9, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 20,100.80 ( 7%) City's share of cost $261,499.20 93% Total cost , 0. There are no unusual situations on this project that require special City Council consideration. The project is in Council District 3. Council Member Chappell disclosed his firms credit card interest with NCNB Bank. Mayor Pro tempore Webber advised City Council that she has a conflict of interest in voting on Mayor and Council Communication No. BH -0056 involving NCNB Bank and stated she would not be voting on this item. Minutes of City Council S-3 Page 136 BH -0056 cont. 137 Tuesday, July 9, 1991 Council Member Silcox advised City Council that he is disqualified from voting on Mayor and Council Communication No. BH -0056 because of a contract he has through his janitorial company with NCNB Bank. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Borden Drive from West Vickery Boulevard to Willis Avenue, Council Member Chappell made a motion, seconded by Council Member McCray, that the hearing be closed and assessments levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10874 10874 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BORDEN DRIVE FROM W. VICKERY BOULEVARD TO WILLIS AVENUE, AND PORTIONS OF SUNDRY OTHER STREET, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C, G-9210 re There was presented Mayor and Council Communication No. G-9210 from the City Manager transfer of funds stating that the Security Enhancement Program is one of five elements in the Plan of Services for the Public Improvement District No. 1; that the program reimburses the City for a portion of sergeant's salary and benefits; that the Director of Fiscal Services certifies that funds required for this transfer are available in the current operating budget; and recommending that the City Council approve the transfer of $10,798.00 from the Fort Worth Improvement District No. 1 Fund to General Fund, Miscellaneous Police Revenue. It was the consensus of the City Council that the recommendation be adopted. M&C. G-9211 re There was presented Mayor and Council Communication No. G-9211 from the City Manager settlement of law- stating that plaintiffs Tim Davidson and Jeanette Davidson, husband and wife, were walking suit styled Tim near the intersection of Will Rogers Road and West Lancaster in the vicinity of the Will Davidson, and as Rogers Complex on or about August 29, 1984; that the plaintiffs contend that while walking next friend of Mr. Davidson stepped into a storm sewer inlet, causing him to fall, thereby injuring both Zachary Davidson Mr. Davidson and his son; that it is further alleged that Mrs. Davidson observed the and Jeanette David incident and that the plaintiffs filed suit in their own behalf and Mr. Davidson has sued son as the next friend of his son alleging personal injuries and/or related damages; that a $60,000.00 settlement of all claims has been negotiated subject to City Council approval and subject to Court approval; that as part of the settlement, the City would pay the above- mentioned $60,000.00 plus all taxable court costs; that the taxable court costs in this matter will necessarily include certain ad litem fees associated with the settlement of the minor's claim; that the Director of Fiscal Services certifies that funds required for this settlement are available in the current operating budget of the Insurance Fund; and recommending that the City Council approve the settlement of lawsuit styled Tim Davidson, Individually and as Next Friend of Zachary Davidson and Jeanette Davidson vs. the City of Fort Worth, Cause No. 352-94450-86; authorize expenditure of $60,000.00 and taxable court costs in order to complete the settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendations be adopted. M&C G-9212 cont. for one week M&C G-9213 re payment to Mr. Emmett Oliver It was the consensus of the City Council that Mayor and Council Communication No. G-92129 D/FW RAILTRAN System FY 1991-92 Budget, be continued for one week. There was presented Mayor and Council Communication No. G-9213 from the City Manager stating that Mr. Emmett Oliver filed a lawsuit against the City of Fort Worth to recover for his injuries received as the result of an automobile accident with a police unit which occurred on August 11, 1990; that while admitting no liability or negligence, but to avoid further and costly litigation, a settlement agreement was negotiated by the Risk Management Department to settle this lawsuit for $12,500.00; that the Director of Fiscal Services certifies that money for the anticipated expenditure is available in the Treasury to the Minutes of City Council S-3 Page 137 138 M&C G-9213 cont. M&C G-9214 re bond fund transfer M&C G-9215 re replacement of Sanitary Sewer L-7051 M&C G-9216 re refund of tax overpayments M&C G-9216 adopted M&C P-5067 re purchase agree- ments with Burly Corpora- tion and City Haul Tuesday, July 9, 1991 cr dit of the appropriate Fund; and recommending that the City Council authorize payment in th amount of $12,500.00 plus taxable court costs to the Plaintiff, Mr. Emmett Oliver, and hi attorney to effect settlement in Cause No. 48-134181-91. It was the consensus of the My Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-9214 from the City Manager st ting that the City of Benbrook completed a storm drain project along Plantation Drive on May 1, 1991; that a conflict existed at Tara and Plantation Drive which required relocation of Fort Worth's sewer main M-205.to allow construction of the large nine -foot by eight -foot boi culvert; that the project was competitively bid with the sanitary sewer adjustment included in the bid proposal; stating that the Director of Fiscal Services certifies that fu ds for this reimbursement are available in the current capital budget, as appropriated, ofIthe Sewer Capital Improvement Fund; and recommending that the City Council approve a bond fu d transfer of $10,140.00 from Unspecified Project to Adjustment Sanitary Sewer Main M-205 Pr ject in the Sewer Capital Improvement Fund, and authorize payment to the City of Benbrook fo reimbursement for Sanitary Sewer Adjustments in the amount of $10,140.00. It was the co sensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. G-9215 from the City Manager re ommending that a work authorization be authorized in accordance with AR3-3 for the sa itary sewer replacement of L-7051 located in Rayburn Drive from Ashford Avenue to Minot Av nue, for a total estimated -project cost of $71,575.54 and certified by the Director of FiIcal Services. It was the consensus of the City Council that the recommendation be ad pted. st to er Co It There was presented Mayor and Council Communication No. G-9216 from the City Manager ting that the Texas Property Tax Code requires that a taxpayer must request a refund of overpayment within three years of that payment; that Section 31.11 of the Property Tax e further requires approval by the governing body before refunding overpayments or oneous payments in instances where the refund exceeds $500.00; that the Revenue lection Division of Fiscal Services has verified erroneous payments or overpayments were e totalling $7,774.51 and recommends refund, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0239-50-37 Lot 19, Blk. 51 Bank of Commerce $1,554.85 1990 Taxes Ridglea Sub. of TR G (City and School) Taxes Paid Twice 0591-45-07 Lot 19, Blk. 13 Cenlar Federal Savings 565.66 1990 Taxes Hulen Meadow Add. (City Only) Taxes Paid Twice 0909-73-92 Personal Property Texas Water Products, 5,654.00 1990 -Taxes (City and School) -Inc. Taxes Paid Twice TOTAL $7,774.51 s the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-5067 from the City Manager staltIing that the City Council authorized purchase agreements, with option renewals for one adc 'ti onal year, on August 7, 1990, by Mayor and Council Communication No. P-4410 to provide grass mowing services for the Code Enforcement Division of the City Services Department; th t the service rendered by each vendor has been performed at a satisfactory level and the Ci Services Department recommends that the one year renewal option of these agreements be ex rcised; and recommending that the City Council authorize option for renewal of purchase ag ements with Burly Corporation and City Haul to provide grass mowing services for City Ser ices Department based on low unit prices; authorize the use of second and third low bidders as secondary vendors; and authorize the renewal option of the agreements to begin June 14, 1991, and end June 13, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C, P-5068 reThere was presented Mayor and Council Communication No. P-5068 from the City Manager purchase of six -stating that the Water Department will use a six inch Rockwell fireline water meter to inch Rockwell i Firelioc water conr�trol. the .flow between the mainline and bypass sections; that Mueller Company and meter Fer'guson/Universal, Inc., the low bidders, failed to meet City Specifications; stating that the Director of Fiscal Services certifies that the funds required for this purchase are available in the current capital budget, as appropriated, of the Water and Sewer Operating Fuad; and recommending that the City Council authorize the purchase of a six inch Rockwell firleline water meter from Bowles and Eden Equipment Company for the Water Department on low bihof $5,879.00 net, 30 days, f.o.b. Fort Worth. It was the consensus of the City Council th t the recommendation be adopted. Minutes of City Council S-3 Page 138 Tuesday, July 9, 1991 &C P-5069 re There was presented Mayor and Council Communication No. P-5069 from the City Manager urchase agreement stating that the City Council - authorized a one-year purchase agreement with two annual ith Great West- renewal options with Great Western Supply Company to provide P.V.C. valves, fittings, and rn Supply Company pipe on October 17, 1989, by Mayor and Council Communication No. P-3776; that the City Council authorized the first one-year renewal on October 2, 1990, by Mayor and Council Communication No. P-4494; that service rendered has been satisfactory; that Great Western Supply Company has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or services will be purchased; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the current operating budgets, as appropriated, of the General Fund and Water and Sewer Fund; recommending that the City Council authorize renewal of the purchase agreement with Great Western Supply Company to provide P.V.C. valves, fittings, and pipe with term of agreement to begin July 16, 1991, and end July 15, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C, L-10548 There was presented Mayor and Council Communication No. L-10548, dated June 25, 1991, was withdrawn from the City Manager recommending that the City Council authorize $9,700.00 to Acers Investment Company, a Texas Corporation, Kent McKeever, Trustee, for the acquisition and damages of an irregularly-shaped permanent easement 30 feet in width out of Lot 3, Block 2R, Bells Addition and a temporary easement 30 feet in width located parallel and adjacent to the above-described permanent easement, required for installation of a 48 inch water line from Eagle Mountain Lake to I -35W. Assistant City Assistant City Manager Ramon Guajardo appeared before the City Council and advised the Manager Ramon City Council that the amount of $6,000.00 is what the City of Fort Worth is paying for a Gu aj and o re portion of Lot 3, Block 2-R, Bells Addition and stated that the acquisition of right-of-way M&C L-10548 has not gone through the appraisal process yet. Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-10548 be withdrawn from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10550 re There was presented Mayor and Council Communication No. L-10550 from the City Manager, cont. for one as follows: week SUBJECT: SALE OF SURPLUS PROPERTY RECOMMENDATION: It is recommended that the City Council approve the sale of surplus properties described in the Discussion section, and authorize the City Manager to execute the appropriate deeds conveying those properties to the highest bidder. DISCUSSION: 7. 2422 Ross, L16, B17, M G Ellis, 50x140, $ 525 J Santana $ 650.00 Zoned C -Multi Family. 8. 1004 E Harvey, L2, B35, Southland Sub, $ 475 E McCaslin $ 490.00 50x100, Zoned B-2 Family. 9. 1322 Evans, L8 and south 6' of L7, B1, $ 500 S Meador $ 785.00 JC Ryan, 46400, Zoned E-Comiercial. Minutes of City Council S-3 Page 139 9 In accord with the policy regarding the sale of City -owned surplus property, a bid was held on May 30, 1991 for the following properties: Property Min Bid Bidder Amt. Bid 1. Ellis Ranch Trail @ Fairway, L3, B12, $1,750 E McCaslin $1,955.00 Rolling Hills, approx. 12,000 sq ft, H Brown $1,800.00 Zoned A -Single Family. �- 2. 3829 Bryan, L8, B31, Worth Heights, $ 400 J Rodriguez $1,510.00 50x1252 Zoned B-2 Family. 3. 3812 Miller, B7, Burton Heirs Sub, $ 950 WW Graham $2,101.00 1.3208 A, Zoned B-2 Family. E Hunber $1,050.10 M Faison $ 951.00 4. 5305 Blackmore, L3&4, B103, Chamb Arl $ 525 W Overton $ 600.00 Hts #2, 50425, Zoned B-2 Family. E McCaslin $ 555.00 5. 5501 Geddes, L1&2, B189, Chamb Arl Hts $ 525 E McCaslin $ 540.00 #1, 50425, Zoned B-2 Family. 6. 2700 Blk Hutchinson, L10-13, B27, $ 600 J Santana $ 650.00 Diamond Hill, 200x100, Zoned B-2 Family. 7. 2422 Ross, L16, B17, M G Ellis, 50x140, $ 525 J Santana $ 650.00 Zoned C -Multi Family. 8. 1004 E Harvey, L2, B35, Southland Sub, $ 475 E McCaslin $ 490.00 50x100, Zoned B-2 Family. 9. 1322 Evans, L8 and south 6' of L7, B1, $ 500 S Meador $ 785.00 JC Ryan, 46400, Zoned E-Comiercial. Minutes of City Council S-3 Page 139 9 Tuesday, July 9, 1991 &C L-10550 cont . II 10. 417 Diamond, L15, Bl, Provi ne & Marpl e, $ 400 J Cabel l o $ 600.00 40x100, Zoned J -Light Industrial. Council Member McCray made a motion, seconded by Mayor Pro tempore Webber, that consideration of Mayor and Council Communication No. L-10550 be continued for one week in order to receive clarification on this item. : When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-12946 re 11. Mims @ Ederville, L18, B18, N Meadow- $ 500 S Meador $1,025.00 Drive; that, in order to upgrade both program's antiquated telephone systems with a system ental Health Pro- brook Est, approx 50x120 (residual ram and WIC agreement, requires the County and the City to include these lines on its annual telephone E. Humber $ 800.00 compatible equipment which is not included in the City's maintenance agreement; that the part in Ederville ROW), Zoned A -Single the remainder of the current fiscal year; that long distance charges accruing during the contract period from these phone lines, estimated to be $700.00 will also be reimbursed on a quarterly basis upon billing from the City; that the Cash Management Division of the Fami ly . agreement; and recommending that the City Manager be authorized to execute a contract with Tarrant County for the City to maintain and operate telephones at the Public Health Department for the period of April ,l, 1991, through September 30, 1991. It was the 12. 3441 Nies, L12, B6, McCall & Hightower, $ 550 W McMillion $4,350.00 88440, Zoned B-2 Family. S Meador $ 795.00 JM Taylor $ 636.41 13. 1015 S Riverside, L2 & N23' of L3, B4, $ 550 J Santana $ 750.00 Lakevicw, 59x120, Zoned E -Commercial., E McCaslin $ 625.00 14. 1301 E Richmond, L26, B52, Highland $ 475 E McCaslin $ 580.00 Park, 50420, Zoned B-2 Family. 15. Knox St., L "M", B15, Trentman Rev., $ 625 P&L Mitchell $2,267.55 229x57, Zoned A -Single Family. 16. 3407-09 Pearl, L4&5, B5, Worth Hills, $ 525 J Santana $ 650.00 100x100, Zoned B-2 Family. 17. 1115 E Cannon, L17, B25, Union Depot, $ 475 E McCaslin $ 580.00 50x100, Zoned B-2 Family. 18. 1224 E Cannon, L7, B29, Union Depot, $ 475 E McCaslin $ 580.00 50x100, Zoned B-2 Family. 19. 1337 E Elnmod, L17, B54, Hyde Highland, $ 475 S Forbes $ 531.50 50x120, Zoned B-2 Family. 20. 1121 E Annie, L15, B23, Union Depot, $ 475 E McCaslin $ 510.00 50x100, Zoned C -Multi Family. Council Member McCray made a motion, seconded by Mayor Pro tempore Webber, that consideration of Mayor and Council Communication No. L-10550 be continued for one week in order to receive clarification on this item. : When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-12946 re There was presented Mayor and Council Communication No. C-12946 from the City Manager elephone Systems stating that the Tarrant County Environmental Health Program and the Women, Infant, and or the Tarrant Children Health Program both operate out of the city -owned facility at 1800 University ou my Environ- Drive; that, in order to upgrade both program's antiquated telephone systems with a system ental Health Pro- compatible with the remainder of the facility and with the City's maintenance contract ram and WIC agreement, requires the County and the City to include these lines on its annual telephone service contract; that Tarrant County telephone equipment vendor provides only non- compatible equipment which is not included in the City's maintenance agreement; that the contract provides for the immediate reimbursement of $3,060.00 for basic line charges for the remainder of the current fiscal year; that long distance charges accruing during the contract period from these phone lines, estimated to be $700.00 will also be reimbursed on a quarterly basis upon billing from the City; that the Cash Management Division of the Fiscal Services Department is responsible for collection of funds due the City under this agreement; and recommending that the City Manager be authorized to execute a contract with Tarrant County for the City to maintain and operate telephones at the Public Health Department for the period of April ,l, 1991, through September 30, 1991. It was the consensus of the City Council that the recommendation be adopted. &C C-12947 re There was presented Mayor and Council Communication No. C-12947 from the City Manager ontract with recommending that the City Council authorize the City Manager to apply for and, if offered, exas State Library nd Archives Commi- accept a grant not to exceed $888,054.00 to fund the North Texas Library System for FY1992 sion (September. 1, 1991 - August 31,1992); execute a grant contract with the Texas State Library and Archives Commission, the grantor agency, on behalf of the North Texas Library System; and authorize application of indirect cost rate 31.68 percent which represents the most recent approved rate for this department. It was the consensus of the City Council that the recommendations be adopted. &C C-12948 re There was presented Mayor and Council Communication No. C-12948 from the City Manager e x as Department of stating that the City Council approved Mayor and Council Communication No. C-12546 on ealth Local Health October 2, 1990, authorizing the City Manager to accept and execute the Texas Department of ervices Contract Health Local Services umbrella contract for FY 1990-91; that Attachment 04 of this contract supports a variety of public health programs that fall under Community and Rural Health grant guidelines; that the proposed amendment would increase the Attachment 04 equipment account appropriation by $2,995.00 to allow the Laboratory Division to purchase a HACH t Dr/3000 Spectrophotometer to replace an outdated unit used for water testing; that the amendment would also increase the supplies category appropriation by $215.00 for related purchases; that no other changes to the contract will be required; and recommending that the City Council authorize the City Manager to execute Texas Department of Health Local Health Services Contract Attachment 04A, increasing Fort Worth Public Health Department funding for Minutes of City Council S-3 Page 140 Tuesday, July 9, 1991 M&C C-12948 cont. Attachment 04 by $3,210.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12949 re There was presented Mayor and Council Communication No. C-12949 from the City Manager cont. f o r two weeks stating that the City Council approved a vendors list of professional JTPA Consultants to be retained on an as needed basis by the Employment and Training Department to provide professional and consultant services in the areas of staff training, procurement, planning, audit resolution, marketing and contract development; that the Mayor and Council Communication authorized the purchase of these services for the period between July 1, 1990, and June 30, 1991, with an option to renew for an additional year; that proposals for these services were requested in accordance with the Federal Office of Management and Budget Circulars which governs procurement under Federal Grants; that the Director of Fiscal Services certifies that upon execution of the Title IIA and Title III contracts with Texas Department of Commerce for the 1991 Program Year, funds will be available for these contracts; and recommending that the City Council: 1. Renew the vendors list for the purchase of professional consultant services for the Job Training Partnership Act (JTPA) Programs to include the following JTPA consultants for the period beginning July 1, 1991 and ending June 30, 1992. a. Chamberlain and Later, Attorneys and JTPA Consultants $125.00 per hour $1,000.00 per day on-site plus actual expenses b. Northcoast Administrative Consultants, Inc. $1,250.00 per day including all fees and expenses C. National Alliance of Business (NAB) $750.00 per day including professional fees and travel expenses d. Neece Benson Associates, Inc. $125.00 per hour plus expenses 2. Authorize the City Manager to enter into Professional Service Contracts on a retainer "as needed" basis with consultants listed above. The total costs for these services shall not exceed $50,000.00. Council Member Chappell requested information with regard to the locations of the Professional Service Providers and whether or not they had offices located within the City of Fort Worth. Mr. Richard Sapp, Mr. Richard Sapp, Director of Employment and Training Department, appeared before the M&C C-12949 City Council and advised City Council that the consultants are not residents of the City of Fort Worth or of the State of Texas and advised City Council that the consultants are specialized in providing JTPA program services and advised City Council of the specialized services provided by the consultants in the writing of the JTPA contracts and expertise in audit resolution difficulties. Mayor Pro tempore Webber made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. C-12949 be continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12950 re There was presented Mayor and Council Communication No. C-12950 from the City Manager contract with stating that -the City Council approved the execution of a $16,000.00 contract with Housing Housing Oppor- Opportunities, Inc., to operate the Earned Home Ownership Program from July 1, 1990, until tunities, Inc. June 30, 1991; that, due to local economic conditions which caused potential homebuyers to delay their plans, the program has taken longer than anticipated to become fully operational; that recently executed agreements with Resolution Trust, Sunbelt Savings and Neighborhood Housing Services of Fort Worth to provide counseling to low to moderate income prospective homeowners are now providing the needed clients for EHOP; that the Director of Fiscal Services certifies that funds required for the contract extension are available in the Treasury to the credit of Grant Fund GR76; and recommending that the City Manager be authorized to execute an amendment to City Secretary Contract No. 18107 with Housing Opportunities, Inc., extending the term of the contract for 90 days, to end September 30, 1991. Council Member Woods advised City Council that she has a certificate of deposit with Sunbelt Savings and stated that this does not prevent her from voting on Mayor and Council Communication No. C-12950. Council Member Puente made a motion, seconded by Council Member Woods, that the recommendation;�as contained in Mayor and Council Communication No. C-12950, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12951 re There was presented Mayor and Council Communication No. C-12951 from the City Manager contract with submitting a tabulation of bids received for street paving improvements of East First Street McClendon Con- from Sylvania Avenue to Rayner Avenue; stating that the Director of Fiscal Services struction Company, Inc. certifies that upon approval of the fund transfers, funds required for this project will be available in the current capital budget of the Street Improvement Bond Fund; and recommending that the City Council approve a $11,280.00 fund transfer from the Special Assessments Fund to the New Development Capital Projects Fund; approve a $6,449.93 bond fund Minutes of City Council S-3 Page 141 1.1 ti Tuesday, July 9, 1991 M&C C-12951 cont. transfer from New Development Unspecified Project to East First Street, Sylvania to Rayner Project of the Street Improvements Bond Fund; and authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $51,731.75 with 18 working days for street paving improvements to East First Street from Sylvania Avenue to Rayner Avenue. On motion of Council Member Woods, seconded by Council Member Matson, the recommendations were adopted. M&C C-12952 re There was presented Mayor and Council Communication No. C-12952 from the City Manager contract with stating that the City Council approved the Community Development Block Grant Year XVII Fort Worth Eco n o- Proposed Final Statement of Objectives, Grantee Certification, and Projected Use of Funds; mic Development that the Business Assistance Program, operated by Fort Worth Economic Development Corporation Corporation, provides loan counseling and management and technical assistance to sanitary sewer disadvantaged businesses city-wide and to small businesses located within the 10 Community onstruction, Inc., Development Block Grant target areas; that, as a result of the 1991 HUD review of the City's CDBG Program, there were findings regarding FWEDC's Business Assistance Program; that nd with Circle C because of these findings HUD directed the City to enter into a conditional contract requiring that FWEDC achieve each quarter's goals and maintain required documentation to onstruction Com- verify creation of low/moderate income jobs in order for the contract to be continued and Water and Sewer further funding released; that the program was recommended for approval by the Community any, Inc. I Development Council on January 14, 1991; that no indirect costs will be applied to the program; stating that the Director of Fiscal Services certifies that the required funds for the contract are available in the Year XVII Community Development Block Grant Fund GR76; and recommending that the City Council authorize the City Manager to execute a conditional contract with Fort Worth Economic Development Corporation to administer the Business Assistance Program for the period of June 1, 1991, to May 31, 1992; authorize the City Manager to execute a contract establishing quarterly goals for the Business Assistance Program which, if not met during any quarter will result in termination of the contract; and authorize use of up to $70,852.00 in Year XVII Community Development Block Grant entitlement funds and up to $3,704.00 in fees to be earned from the provision of services to businesses assisted by the Business Assistance Program for Year XVII program administration. City Manager Ivory informed City Council that the City does not have a staff function that would review accusations and informed City Council that in cases where the City does have a signed letter with accusations, the letter is normally sent to the director of the department that is involved for investigation. s. Sandra Gonzale Ms. Sandra Gonzales, Director of Housing and Human Services Department, appeared e M&C C-12952 before the City Council and advised City Council that the letter has been directed to the board of director of the Fort Worth Economic Development Corporation for a response to the accusations concerning the executive director and have asked the executive director to reply to allegations regarding the wage dispute; advised City Council that the issue will be followed up by the Housing and Human Services Department within two weeks; and advised City Council that the allegation and consideration of a contract with Fort Worth Economic Development Corporation is two separate issues and that she does not see a problem in approving the contract at this time.. Mayor Pro tempore Webber made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. C-12952, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-12953 re There was presented Mayor and Council Communication No. C-12953 from the City Manager ontract with submitting a tabulation of bids received for street paving improvements to Hawthorne Avenue alt Williams from Fifth Avenue to Hemphill Street and for water and sanitary sewer improvements in onstruction, Inc., Hawthorne Avenue; and recommending that the City Council: nd with Circle C onstruction Com- 1. Approve a $129,232.00 fund transfer from the Water and Sewer Operating any, Inc. I Fund to the Water Capital Projects Fund, and 2. . Approve a $94,541.00 fund transfer from the unspecified project to Sewer Replacement, Hawthorne Avenue Project in the Sewer Capital Projects Fund, and 3. Approve a $36,820.72 fund transfer from the Street Assessment Project to Hawthorne Avenue Project in the Grants Fund, and II 4. Approve a $2,000.00 fund transfer from the Special Assessments Fund to the Street Improvements Fund, and 5. Approve a $211,924.73 bond fund transfer from Inner City Streets Unspecified Project to Hawthorne, 5th to Hemphill Project of the Street Improvements Bond Fund, and 6. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of. $245,471.45 and 45 working days for street paving improvements to Hawthorne Avenue from Fifth Avenue to Hemphill Street, and Minutes of City Council S-3 Page 142 1113 Tuesday, July 9, 1991 &C C-12953 cont. 7. Authorize the City Manager to execute a contract with Circle "C" Construction Company, Inc., in the amount of $199,012.50 for water and sanitary sewer improvements in Hawthorne Avenue. City Manager Ivory advised City Council of an amendment to Recommendation No. 4 changing the amount of the fund transfer to $9,000.00 rather than $2,000.00. Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-12953 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12954 re There was presented Mayor and Council Communication No. C-12954 from the City Manager, grant application as follows: to U.S. Department of Health and SUBJECT: HEALTHY START INITIATIVE GRANT APPLICATION Human Services RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to submit a Healthy Start Initiative grant application to the U.S. Department of Health and Human Services for funding of services to reduce infant mortality rates in Fort Worth by 50% over a five year period beginning October 1, 1991, and 2. Authorize the Accounting Division of the Fiscal Services Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth financial accounting system upon receipt of an executed contract, and 3. Authorize the execution of contracts with other local governmental and non-profit agencies for the provision of health, social, and other services contributing to the reduction of infant mortality in Fort Worth, and 4. Apply indirect costs of 10.0% (the maximum allowed per the grant provisions), in lieu of the regular cost of 24.7%. 11j�.�i�II►�.�i1P►Q The U.S. Department of Health and Human Services is accepting applications for its Healthy Start Initiative which will provide financial support to 10 communities across the United States with high infant mortality rates to assist them in reducing infant mortality. Local governmental agencies, health care providers, social service agencies, and neighborhood groups joined together with a common goal of reducing infant mortality rates in Fort Worth by 50% over the next five years as required by the grant. The following entities have formed a consortium to apply for funding assistance, including a first year planning grant to develop the action program to reduce infant mortality: City of Fort Worth Tarrant County Fort Worth Independent School District Tarrant County Hospital District . Texas College of Osteopathic Medicine University of Texas at Arlington State of Texas Department of Health Diamond Hill Health Planning Committee Cooks -Fort Worth Children's Hospital United Way of Metropolitan Tarrant County Women's Center of Tarrant County Planned Parenthood of North Texas March of Dimes Tarrant County Community Health Action Project Fort Worth Adolescent Pregnancy Board .,Stop Six Community Services, Inc. State of Texas Department of Human Services Harris Methodist Health System Catholic Charities The City of Fort Worth Public Health Department is currently being recommended by the consortium as the lead agency. It is anticipated that other agencies and community organizations will join the consortium during the planning process. Currently, the scope of services being proposed includes community outreach and education, health and social services combined in a one-stop shopping concept, expansion of existing services, and the creation of new mechanisms to address the problem of infant mortality. Minutes of City Council S-3 Page 143 r� Tuesday, July 9, 1991 M&C C-12954 cont. 1i Grant recipients are scheduled to be notified by September 30, 1991. FISCAL INFORMATION/CERTIFICATION: The U.S. Department of Health and Human Services has appropriated $25 million for the first year for distribution to 10 cities as part of the Healthy Start Initiative. The grant allows for each awardee to receive up to $500,000 during year one for program planning and up to $2 million for provision of services during year one. Following that time, continuation requests must be submitted to the funding agency on a yearly basis. . There is no City Match required for this grant. Grant requirements stipulate that indirect costs, if applied, cannot exceed 10% of the grant monies received. City Attorney Adkins advised City Council that the City is the agency that represents the consortium for getting the money that is then passes on to the other agencies as grants. City Manager Ivory advised City Council that the consortium will solicit funds through the City of Fort Worth which is a preliminary grant application and the money is then allocated with the possibility of being awarded to one of the agencies listed. City Attorney Adkins advised the City Council that there is no disqualification at this time since money is not being received by the agencies. Council Member Silcox made a motion, seconded by Mayor Pro tempore Webber, that the recommendations, as contained in Mayor and Council Communication No. C-12954, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. , 11. M&C C-12955 re There was presented Mayor and Council Communication No. C-12955 from the City Manager grant from stating that the City of Fort Worth Aviation Department submitted a FAA Project Application Federal Aviation on April 30, 1991, to conduct a Federal Aviation Regulations Part 150 Noise Compatibility Administration study for Fort Worth's three airports; that the grant offer must be accepted and signed on or before July 10, 1991; that these grant funds will be used to pay part of the costs of the contract with Greiner, Inc., the consultant selected to perform the study; stating that the Director of Fiscal Services certifies that upon acceptance of the FAA grant, funds required for this contract will be available in the Grants Fund; and recommending that the City Council: 1. Authorize the City Manager to accept a Grant from the Federal Aviation Administration in the amount of $465,819.00 to complete the FAR Part 150 Noise Compatibility Studies for the Fort Worth Meacham, Spinks and Alliance Airports, and 2. Authorize the City Manager to increase the amount approved for the contract with Greiner, Inc. (M&C C-12753) from $500,000.00 to $517,577.00, and 3. Authorize the Fiscal Services Department to: a. Establish a Grant Project Account in the amount of $517,577.00; b. Transfer the City's Matching fund requirement of $34,505.00 for the pro -rated share for Meacham and Spinks Airport's cost from the Spinks Airport Ineligible Costs Project to the FAR Part 150 Noise Compatibility Studies Projection, the Grants Fund, and C. Deduct Alliance Airport's pro -rated share from the value of donated land. &C C-12955 adopte4 It was the consensus of the City Council that the recommendations be adopted. M&C C-12956 re There was presented Mayor and Council Communication No. C-12956 from the City Manager, cont. for two as follows: weeks SUBJECT: CITY EMPLOYEE HEALTH INSURANCE AGREEMENTS WITH HARRIS HEALTH PLAN, INC., D/B/A HARRIS METHODIST HEALTH PLAN, AND WITH HARRIS METHODIST SELECT PLAN, INC. RECOMMENDATION: It is recommended that the City Council, subject to sufficient funds being appropriated in the City budget for Fiscal Year 1991-1992 to pay for obligations incurred under the proposed contracts, authorize the City Manager to: Minutes of City Council S-3 Page 144 14"' Tuesday, July 9, 1991 M&C C-12956 cont. 1. Execute a one year contract (with options to renew for four additional one year periods) with Harris Health Plan, Inc.,, d/b/a Harris Methodist Health Plan for the provision of HMO group health insurance benefits for active and retired employees and,their spouses or dependents through an insured contract effective October 1, 1991, according to the premium rates quoted in Attachment 2. These costs are estimated to be $18,278,000.00 for the 1991-1992 Fiscal Year if enrollment occurs as predicted, and 2. Execute a one year professional services agreement (with options to renew for four additional one year periods) with Harris Methodist Select Plan, Inc., to administer the City's self-funded indemnity program for its active and retired employees and their eligible spouses or dependents for 1991-1992 maximum claims, with an administrative fee not to exceed five percent of estimated maximum incurred and paid claims, re -insurance premiums, and conversion premium estimated to total $3,976,708.00. DISCUSSION: On January 1, 1989, the City of Fort Worth began offering its group health insurance program for active employees and their eligible dependents through one carrier in a managed care environment (with an opt -out to traditional indemnity coverage) via a fully -insured contract with Sanus Texas Health Plan, Inc. (Sanus). On October 1, 1990, the City offered a two-tiered benefit plan (Low Option and High Option) on a self-insured basis utilizing Sanus as its administrator for HMO as well as indemnity coverage. Effective January 1, 1991, the administration of the group health insurance program for eligible retirees and their dependents was moved from a self-funded traditional indemnity program administered by Aetna to the self-funded, two- tiered benefit program administered by Sanus. The program also was converted from a Medicare supplement coordination of benefits to one of Medicare carve - out, as directed by City Council. The contract for administration for both the active employee and the retired employee programs expires September 30, 1991. In late winter of 1990-1991, City staff began planning the process to solicit proposals from providers/administrators/carriers to offer a group health insurance program for the City's active and retired employees and their spouses or dependents. Informal Report 7510 (February 12, 1991) informed Council of staff's plan and advised that the solicitation would be for a duplication of current services. The staff decided to solicit proposals for the following reasons: 1) There is currently more representation in the local marketplace by companies able to offer managed-care products/services; and 2 ) A public solicitation had not occurred since 1988 (for a program effective January 1, 1989). Committees of active and retired employees served to provide input to the City Manager throughout the solicitation, analysis, and recommendation process. The Request for Proposals (RFP) was prepared by the City's consultant for group health benefits, Asset Protection Agency, Inc. (APA). Requests for plan proposals were sent out March 25 with an April 26 deadline for returning proposed plans. The City received responses from a total of eleven different vendors. Of these, only five vendors responded with complete and responsive proposals to administer the entire program. After review and evaluation of all of the proposals, three were selected as finalists by the RFP evaluation criteria for further consideration and examination. These were: Harris Health Plan, Inc., d/b/a Harris Methodist Health Plan, and Harris Methodist Select Plan, Inc. North Texas Healthcare Network Sanus Texas Health Plan, Inc. The plans under consideration were presented to the City Council Insurance Committee and .the employees' and retirees' advisory committees. The respective advisory committees took information back to their departments for further review and solicited input from the employees and retirees whom they represent. At the joint meeting of the active and retired employee committees which met June 13, the committees overwhelmingly registered their preference for the plan offered by Harris Health Plan, Inc. d/b/a Harris Methodist Health Plan, and by Harris Methodist Select Plan, Inc. Minutes of City Council S-3 Page 145 Tuesday, July 9, 1991. M&C C-12956 cont. The Harris Methodist Select Plan, Inc., is a third party administrator which will administer a self-insured plan of indemnity health benefits for employees and retirees and their spouses or dependents who live outside the Harris HMO service area. This program .would also cover those employees, retirees, and their spouses or dependents who reside in the service area, but may elect the indemnity plan as their chosen method of group health benefit. The cost of this administration is five percent (5%) of maximum incurred and paid claims. The indemnity coverage shall have basic plan features of $300.00 annual deductible and 80/20% co-insurance. The staff and consultant undertook a careful, independent analysis of the proposed programs, and-the,Harris Methodist Health Plan and Harris Methodist Select Plan are recommended by staff to provide group health insurance benefits and related services for active and retired employees and their spouses or dependents for the following reasons: 1) A major portion of the City's liability is fully -insured with future years' cost increase guarantees which make this proposal slightly less costly over a two year period. 2) There is an extensive panel of physicians and facilities to serve the Tarrant County area and 18 area counties. 3) The employee and retiree committees advising the City Manager overwhelmingly selected this finalist as the choice of the committee members. 4) Information received from the State Board of Insurance and contacts with local benefits managers where this program is offered provided positive responses regarding Harris Methodist Health Plan. Additional information and a plan design comparison among the three finalists is provided in ATTACHMENT 1. Each of the three proposed plans will maintain basically the current level of benefits with varying deductibles, maximum out-of-pocket expenses and charges; however, would require additional funds to finance the City's maximum liability for the forthcoming year. It is recommended that employees be assessed a portion of the cost for his/her own coverage regardless of the option selected. In the current year, the employee selecting the Low HMO Option contributes nothing toward the cost of his/her own coverage. It is recommended that each Low Option employee pay $3.00 per pay period or $6.50 per month toward the cost of his/her own coverage for the Low Option Plan. Each high option employee would pay an additional $3.00 per pay period or $6.50 per month. The employee will pay no additional contribution above that paid in the Fiscal Year 1990-91 for his/her spouse or dependents. The City's contribution toward the cost of the employee's own coverage increases by $6.50 per month for Low Option coverage, by $10.90 per month for High Option coverage, and by $70.13 per month for those employees elect of the indemnity plan. The total cost, recommended employee/retiree contribution rate and City contribution is illustrated on ATTACHMENTS 2 and 3. Funds in the amount of $22,254,708.00 to support the estimated cost of the entire program will be included in the City Manager's recommended budget for Fiscal Year 1991-1992. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the money required for the 1991- 1992 Fiscal Year will be included in the City Manager's proposed budget. Council Member McCray made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. C-12956 be continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C FP -2834 re There was presented Mayor and Council Communication No. FP -2834 from the City Manager inal payment to recommending that the City Council accept as complete the construction of Martha Lane .A. Vinson Con- Channel Improvements (7200 and 7300 Blocks) and authorize final payment of $698.70 to M.A. truction Company, Vinson Construction Company, Inc., stating that the Director of Fiscal Services certifies nc. that funds required for this final payment are available in the Treasury to the credit of Contract Street Maintenance Fund. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council S-3 Page 146 I ZI'7 Tuesday, July 9, 1991 M&C FP -2835 re There was presented Mayor and Council Communication No. FP -2835 from the City Manager final payment to recommending the City Council accept as complete the contract with Miller Pipeline Corp. for Miller Pipeline 24-, 30-, 36-, and 60- inch joint repairs and authorize final payment in the amount of Corporation $53,069.80 to the Miller Pipeline Corporation; stating that the Director of Fiscal Services certifies that funds required for the contract are available in the current capital budget, as appropriated, of the Water Capital Improvement Fund PW53. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2836 re There was presented Mayor and Council Communication No. FP -2836 from the City Manager finaly payment to stating that the assessment paving of Randol Mill Road from Woodhaven to I-820 has been Homestead Insuranc completed in accordance with plans and specifications of the contract awarded to Newell and Company Newell Ltd. Partnership; stating that the Director of Fiscal Services certifies that funds required will be available in the current capital budgets of the Street Improvements Bond Fund; Water Capital Project Fund; and Sewer Capital Project Fund and recommending that the City Council accept as complete the assessment paving of Randol Mill Road from Woodhaven to I-820; approve the final assessment roll; authorize issuance of certificates as evidence of the special assessments levied against the abutting property owners of Randol Mill Road from Woodhaven to I-820; and authorize final payment of $343,752.50 to Homestead Insurance Company. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that the City Council Resolution No. 1731 was adopted Zoning hearing on June 18, 1991, setting today as the date for hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has been given by notice in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on June i4—,1991, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Raymond Arm- Mr. Raymond Armstrong, 1828 Tremont, Past President of the Arlington Heights strong Z-91-023 Neighborhood Association, appeared before the City Council and advised City Council that a :on t. for two weeks signed petition was in his possession of citizens in opposition to the proposed change in zoning of F.M. Fillingim, Jr., for a change in zoning of property located at 1813-1815 Tremont Avenue from "B" Two -Family to "PD/SU" Planned Development/Specific Use for Office Use, Zoning Docket No. Z-91-023 and requested that the City Council stop the encroachment into the neighborhood. Council Member Chappell made a motion, seconded by Council Member Matson, that consideration of the application of F.M. Fillingim, Jr. for a change of zoning in property located at 1813-1815 Tremont Avenue from "B" Two -Family to "PD/SU" Planned Development/Specific Use for Office Use, Zoning Docket No. Z-91-023, be continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously. r. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City -91-051 Council and advised the City Council that Art Wi neman is one of the individuals for the Stockyards Station Partnership Application for a change in zoning of property located at 120-140 East Exchange Avenue from "K" Heavy Industrial to "K/HC" Heavy Industrial/Historic and Cultural Subdistrict, Zoning Docket No. Z-91-051 and advised City Council that the only other partner involved lives in Dallas. Mr. Joe Bilardi re Mr. Joe Bilardi, Director of Development Department, advised the City Council that Z-91-058 there are some provisions in the State Statute which allow for four alternates and advised City Council that previously the Board of Adjustments experienced some problems due to the lack of a quorum present to conduct a meeting and advised City Council that this would conform more to the other Boards and Commissions by establishing a nine -members board. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Silcox made a motion, seconded by Council Member Puente, that the hearing be closed and that the recommended changes in zoning, be approved, as follows: Z-91-026 Z-91-026 BEN BRIGGS & MAX THOMAS by Woody Barnes_ 11 For National Advertising Company 9500 West Freeway 0 From "F" Commercial to "F/S" Commercial/Sign Subdistrict Z-91-048 Z-91-048 FRANK B. SCHUBERT 4115 Goddard Street From "B" Two -Family to "I" Light Industrial Z-91-049 Z-91-049 SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY by Brookes Baker Surveyors 4521 Stanley Avenue From "C" Multi -Family to "C -F" Community Facilities Minutes of City Council S-3 Page 147 Z-91-051 . I Z-91-053 Z-91-057 Z-91-058 Tuesday, July 9, 1991 Z-91-051 STOCKYARD'S STATION PARTNERSHIP by Holt Hickman 120-140 East Exchange Avenue From "K" Heavy Industrial to "K/HC" Heavy Industrial/Historic and Cultural Subdistrict I Z-91-053 MARVIN MONROE 1920 Mitchell Boulevard From "E" Commercial to "F -R" Restricted Commercial Z-91-057 ABDUL RISAIE by Chris Bonilla for Bonilla Associates 824 East Berry Street From "E" and "F" Commercial to "E" Commercial Z-91-058 ZONING ORDINANCE TEXT AMENDMENT AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED. CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING SECTION 20 - BOARD OF ADJUSTMENT TO PROVIDE FOR THE APPOINTMENT OF FOUR ALTERNATE MEMBERS TO THE BOARD INSTEAD OF THE PRESENT TWO AND TO PROVIDE FOR THE ELECTION OF OFFICERS AT THE NOVEMBER MEETING EACH YEAR INSTEAD OF EVEN NUMBERED YEARS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PENALTY;. PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. . Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Puente. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: Ordinane No. ORDINANCE NO. 10876 10876 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1896), AS AMENDED, BY AMENDING SECTION 20 - BOARD OF ADJUSTMENT TO PROVIDE FOR THE APPOINTMENT OF FOUR ALTERNATE MEMBERS TO THE BOARD INSTEAD OF THE PRESENT TWO AND TO PROVIDE FOR THE ELECTION OF OFFICERS AT THE NOVEMBER MEETING EACH YEAR INSTEAD OF EVEN NUMBERS YEARS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Minutes of City Council S-3 Page 148 Tuesday, July 9, 1991 ity Manager re City Manger Ivory informed City Council that correspondence have been submitted by Mr. orrespondence from H. Dennis Hopkins requesting that City Council withdraw said appeal from consideration on r. H. Dennis the application of F1 orance M. Bramanti for a change of zoning of property located at 2521- opkins Z-91-50 2523 Guilford Road and 2520-2522 Dean Lane from "B" Two -Family to "E -R" Restricted Commercial, Zoning Docket No. Z-91-50. On motion of Council Member Silcox, seconded by Council Member Chappell, the recommendation of the City Zoning Commission for denial of Zoning Docket No. Z-91-050 was approved. -91-059 cont. for ne week Mayor Pro tempore Webber made a motion, seconded by Council Member McCray, that the zoning ordinance text amendment by amending Section 17B and 3.A.8 to exempt school district informational signs from the requirements of the on -premises sign ordinance, Zoning Docket No. Z-91-059, be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. -91-033 Council Member Chappell made a motion, seconded by Council Member Silcox, that the recommendation of the City Zoning Commission for the denial without prejudice of application of Raji Joseph Dabit for a change in zoning of property located at 1308 E. Long Avenue from "E" Commercial to "I" Light Industrial, Zoning Docket No. Z-91-033, be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. Special Hearing It appearing to the City Council that Resolution No. 1731 was adopted on June 18, Z-91-032 1991, setting today as the date for special hearing in connection with the application of H.R. Williamson for a change in zoning of property located at 2220-2230 Northeast 28th Street from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-032, and that due notice of the hearing has been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, Texas, on June 24, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Donnis Hatchett Mr. Donnis Hatchett, representing the applicant H.R. Williamson for a change in zoning re Z-91-032 of property located at 2220-2230 Northeast 28th Street from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-032, appeared before the City Council and advised the City Council that there are 16 businesses in the surrounding area and three citizen groups that are in full support of the recommended change in zoning and requested that City Council give favorable consideration to the recommended change. Council Member Puente made a motion, seconded by Council Member Silcox, that the application of H.R. Williamson for a change in zoning of property located at 2220-2230 Northeast 28th Street from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-032, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Silcox introduced an ordinance and made a motion that it be adopted. Introduced an The motion was seconded by Council Member Puente. The motion, carrying with it the adoption Ordinance of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10875 10875 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, Minutes of City Council S-3 Page 149 1.5 f ) Tuesday, July 9, 1991 Ordinance No. neglects or refuses to comply with or who resists the enforcement of any of the 10875 cont. provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Met in closed or-] � It was the consensus of ;the. City Council that the City Council meet in closed or executive session executive session for the following purposes: 1. To seek the advice of its attorneys concerning the following pending litigation: a) April Lynch V. Steve Warren and the City of Fort Worth et al, Cause No. 89-14019 b) City of Arlington V. City of Fort Worth, Cause No. 348-118909-89 c) Appeal by City of Arlington of Sewer Rates set by City of Fort Worth, Docket No. 8748-A as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. 2. To seek the advice of its attorneys concerning the following matters which are exempt from public disclosure by Rule 1.05, Texas Disciplinary Rules of Professional Conduct (Art X, Section 9, State Bar Rules): Proposed amendment to the City Charter to provide for a wage formula for Fort Worth Police Department employees Reconvened into The City Council reconvened into regular session with eight members present and regular session lCouncil Member William Meadows absent. Introduced a Mayor Pro tempore Webber introduced a resolution and made a motion that it be adopted, Resolution as amended. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Meadows The resolution, as adopted, is as follows: �3� 1 uti on No. i RESOLUTION NO. 1737 IN OPPOSITION TO PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF FORT WORTH REGARDING WAGE FORMULA FOR THE FORT WORTH POLICE DEPARTMENT EMPLOYEES WHEREAS, the City Council of the City of Fort Worth has received a petition pursuant to Section 9.004 of the Texas Local Government Code mandating that the City Council call a Charter Amendment election to be held on Saturday, August 10, 1991, to ask voters to amend the City Charter of the City of Fort Worth to establish a wage formula for all employees of the Fort Worth Police Department; and WHEREAS, said formula will require the City to obtain the monthly wages for the Classification of Police Officer from the cities of Arlington, Dallas, Garland and Irving and to arrange the comparable cities from the highest to the lowest and obtain the median base wage for a police officer with over six (6) years' experience; WHEREAS, said amendment proposes to require the City to adjust the base wages of the'pay grade that includes a Fort Worth Police Officer with over six (6) years of experience to that median base wage for the classification of Police Officer; and WHEREAS, said amendment proposes further that all other pay grades and/or classifications of Police Department employees shall receive the percentage increase needed to make the adjustment for a Police Officer with over six (6) years' experience; and WHEREAS, the proposed amendment attempts to prohibit the City from reducing any economic benefit or emolument being received by Fort Worth Police Department employees as a direct or indirect result of the implementation of the wage formula; and WHEREAS, the proposed charter amendment attempts to remove from the City Council its lawful authority and responsibility to determine the appropriate salaries for Fort Worth Police Officers and Police civilian employees and to delegate such authority and responsibility to elected officials in Arlington, Dallas, Garland and Irving, with total disregard to Fort Worth's economic condition and its taxpayers; and Minutes of City Council S-3 Page 150 Rsolution No. 1737 cont. Mr. Pat Taylor re waste in governmen and unnecessary expenditures; cabl television and citizen cable access;lawsuit against employees of the City of Fort Worth Adjourned 151: Tuesday, July 9, 1991 WHEREAS, the fiscal impact of the proposed charter amendment is estimated to be in excess of $5 million for the 1991-92 Fiscal Year alone, which includes increases in salary, City -paid retirement contributions, overtime costs and termination leave costs; and WHEREAS, the proposed amendment may require the City's tax rate to be increased by an estimated 3.6 cents per $100 valuation, or cause to be reduced other City services which have already been adversely affected by the economic downturn; and WHEREAS, the proposed amendment will, among other things, create an inequity in salaries and other economic benefits between non -uniformed employees of the Police Department and employees of the same classification in other City departments; and WHEREAS, the turnover rate of 2.85 percent among sworn police officers is among the lowest in the City work force; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Worth strongly opposes the passage of the proposed amendment to the City Charter; and BE IT FURTHER RESOLVED that the City Council urges the citizens of Fort Worth to vote against this fiscally irresponsible proposition. Mr. Pat Taylor, 614 Monticello Drive, appeared before the City Council and commended Deputy City Attorney Bill Woods; advised City Council of his concerns with regard to waste in government and unnecessary expenditures; voiced concern about cable television and citizen cable access; his alleged intention to file a lawsuit against employees of the City of Fort Worth; and advised City Council that he will be petitioning on August 10, 1991, to have an election on the first Tuesday in 1992 in order to have the City of Fort Worth Police Officer taken out of the Civil Service. There being no further business, the meeting was adjourned. CITY SECRETARY Minutes of City Council S-3 Page 151 MAYOR PRO TEMPORE