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HomeMy WebLinkAbout1991/07/23-Minutes-City Councilouncil Met embers Present Invocation Pledge of Allegiance Minutes of July 16: 1991 approved Proclamation - National Clown Weei Withdrew M&C L- 10567 Withdrew M&C L- 10565 Withdrew M&C G-9221 Consent agenda approved Resignation of Mr. Rene Moquin and Ms. Kay Cox from PIC Introduced a Resolution Resolution No. 1745 CITY COUNCIL MEETING JULY 23, 1991 On the 23rd 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;*Eugene McCray, Jewel Woods, William Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins;, City Secretary Ruth Howard; Council Member Morris Matson temporarily absent; with more than a quorum present, at which time the following business was transacted: i _ e ��ll .i•,i u._± ail The' invocation' was given by The Reverend Gayland Pool, Tarrant Area Community of Churches. The Pledge of Allegiance was recited. .... -II . On motion of Council Member McCray, seconded by Mayor Pro tempore Webber, the minutes of the meeting of July 16, 1991,, were approved.. A proclamation for National Clown Week was presented to Ms. Nadine Baker, Vice President, and Cathy Sweeney, Secretary, Cowtown Clowns. Council Member Matson assumed his chair at the Council table at this time. City Attorney Adkins requested that Mayor and Council Communication No. L-10567 be withdrawn from the consent agenda, per Council Member Silcox. Council Member Meadows requested that Mayor and Council Communication No. L-10565 be withdrawn from the consent agenda. , Y. Mayor, Pro -tempore Webber requested that Mayor and Council Communication No. G-9224 be withdrawn from the consent agenda..:, On motion of Council Member Chappell,, seconded by Council- Member Meadows, the consent agenda, as amended, was approved. Council Member Chappell, made a motion, seconded by,Counc ff'Member Woods, that the resignations of Mr. Rene Moquin and Ms. Kay Cox from the Private Industry Council be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously., , Council Member Meadows introduced a resolution and made a motion that it be adopted. The motion was seconded by Mayor, Pro tempore. Webber. 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; -Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: I .r 1, 3., ,± RESOLUTION' NO. -.1745' ... v ±±; ±• , ± . , APPOINTING BOARD OF DIRECTORS FOR` ' TRINITY HOUSING FINANCE CORPORATION -WHEREAS; the City Council of the City!of Fort"Wdrth "has created Trinity Housing Finance Corporation pursuant to the Texas` Hous ing'Finance Corporation Act, and Minutes of City Council S-3 Page 171 Tuesday, July 23, 1991 Resolution No. WHEREAS, the Articles of Incorporation and By -Laws of the Trinity Housing 1 745 cont. Finance Corporation provide that the Corporation be managed by a board of directors to consist of nine members who shall be appointed by the City Council to serve terms as established by the City .Council, NOW, THEREFORE, BE IT Resolved by the City Council of the City of Fort Worth, Texas: That the persons whose names and addresses appear below are hereby appointed to the board of directors to serve terms expiring on July 31, 1993. NAMES ADDRESS Kay Granger 308 Williams Road Fort Worth, Tx. 76120 Carlos Puente 2321 Lincoln Ave. Fort Worth, Tx, 76106 Chuck Silcox 4221 Selkirk Dr. Fort Worth, Tx .,_76109 Morris Matson 5450 Doral Court Fort Worth; Tx'. 76112 Eugene McCray 6009 Maceo Lane Fort Worth, Tx.,76112 Jewel Woods 6125 Wales Ct`. Fort Worth, Tx. 76133 William W. Meadows 3915 Lenox St. Fort Worth, Tx. 76107 Virginia Nell Webber 1204 East Terrell Fort Worth, Tx. 76104 David Chappell 1300 Mistletoe Dr. Fort Worth, Tx. 76110 Mr. William Clarke Mr. William Clarke, 8641 Mystic Trail, appeared before the City Council and expressed re proposed opposition to the proposed ordinance for regulation of sand and gravel pits and requested ordinance for sand that the City Council approve the original request submitted to the City Council on July 9, and gravel pits 1991. Mr. Brent Dickey r Mr. Brent Dickey, 3320 McLeanappeared , before I the"'Ci ty Council and expressed re proposed opposition to the proposed ordinance directing the Zoning Commission to recommend amendments ordinance for sand to regulations for sand and 'gravel pits and prohibiting the issuance of special exceptions, and gravel pits building Permits or certificates • of occupancy for ;-hew,,sand and gravel pits pending consideration of such recommendations and advised the City Council that the moratorium needs to cover both old and new sand and -gravel pits. ; Mr. Ken Newell re Mr. Ken Newell, 6000 Lantana Lane, appeared before the City Council and expressed proposed for ordinance d opposition to the :proposed ordinance for regulation`'ofi isand'�and gravel pits and requested sand pits an an grave that the City Council vote against the`6rdinance. Mr. Mike Braun re Mr. Mike Braun, 8848 Pedernales, President of River Trails Homeowner's Association, proposed ordinance appeared before the City Council and requested that the City Council give favorable for sand pits an and gr consideration to the moratorium plan for sand and gravel pit operations, but expressed opposition for the proposed ordinance and requested that the City Council vote for a meaningful moratorium which would cover the present and future. The Reverend Lloyd ( The Reverend Lloyd G. Austin, Pastor of St. John Missionary Baptist Church, 3324 House G. Austin re Anderson Road, appeared before the City Council and advised the City Council of the proposed ordinance condition of Mosier Valley due to the sand and gravel pits and requested that the City for sand and grave Council consider the amendment that the Adjustment Board will be bringing forth. pits r. David Newell r Mr. David Newell, 2501 Gravel, appeared before the City Council and requested that the roposed ordinance City Council give favorable consideration to the proposed ordinance regulating sand and or sand and gravel gravel pits. its Council Member Matson made a motion, seconded by Council Member Puente, that the word "new" in the proposed ordinance regulating sand and gravel pits in Fort Worth be removed in all instances and that the ordinance, as revised, be adopted. City Attorney Adkins advised the City Council that it is not his recommendation that the ordinance be revised and adopted in this manner because of the way the item is posted on the agenda. Council Member Matson made a substitute motion, seconded by Council Member Puente, that the proposed ordinance regulating sand and gravel pits in Fort Worth be rejected. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council S-3 Page 172 T-0)3 Tuesday, July 23, 1991 Acknowledged the Council Member Chappell called attention of the -City Council to the loss of Mr. Warren death of Mr. Warren Skinner from Council District No. 9 and acknowledged his accomplishments. Skinner M&C OCS-311 re There was presented Mayor and Council Communication No. OCS-311 from the Office of the Liability Bonds City Secretary recommending that the City Council authorize the acceptance of liability bonds or approve cancellation of liability bonds, with cancellations remaining in full force and effect for all work performed prior to date of cancellation, as follows: PARKWAY CONTRACTOR'S BOND Mar Well Construction, Inc. L&R Concrete, Inc., Rafael R. Estrada PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY .,, -Western Surety Company State Farm Insurance Company Western Surety Company CANCELLATION, CANCELLATION DATE INSURANCE COMPANY C&L Construction, July 16, 1991 Aetna Life and Casualty Collins Concrete Construction July 18, 1991 Western Surety Company Company 1, :, 1J , M&C OCS-311 adopted It was the consensus of the City Council that the recommendation be adopted. i- M&C OCS-312 re There was presented Mayor and Council Communication No. OCS-312 from the Office of the Claims City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Dan Curtis Hinkle Denise Ray 1. Claimant: Date Received: Date of Incident: Location of Incident Estimate of Damages/ 'Injuries:-` ' , ' Nature of Incident: 1!1' 1 . 2. Claimant:` 'Date'Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Lone Star Gas 3. Claimant: Company (Jim Horn) Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Shirley Brock 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Effie M. Bradley 5. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Dan Curtis Hinkle July 11, 1991 May 23, 1991- University 991University and Jacksbo'ro� `Hi'ghway 1728.81r 'Clai mAnt all e6es damage`s t'o vehicle as result of running over debris from fallen traffic light. . ..: Y ,.. /. .• 41 .•. '• .. Deni se Ray . ' --r. I . - July ' 11, 1991 ' June 5, 1991 Police Auto Pound $122.39 - $125.00 Claimant alleges damages received as result of personal items being removed from vehicle while in custody of -Police Auto Pound. Lone Star Gas Company (Jim Horn) July 12, 1991 April 19, 1991 North Commerce and 11th $961.05 Claimant alleges damages received as result of a 4" main. Shirley Brock July 16, 1991 June 27, 1991 4358 Valentine $1,531.81 - $1,587.42 Claimant alleges damages to vehicle as result of accident involving road -grader. Effie M. Bradley July 16, 1991 • .. June 17-18-19, 1991 Alley behind 2524 May Street $378.00 - $2,000.00 Claimant alleges damage to fence and curbing as result of sewer line'replacement. Minutes of City Council S-3 Page 173 Edwina G. Wheeler LaVerne Smith Elden Joan M. Duke 6. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: • . Nature of Incident:, - 7. Claimant: Date Received: Date of, -,Incident: Location of Incident: Estimate of Damages/ Injuries;. . Nature of Incident: 8. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Tuesday, July 23, 1991 Edwina G. Wheeler July 16, 1991 July 3, 1991 2400 Stark Street $99.35 , Claimant alleges damages. -to- vehicle caused by construction barricade not being in proper place. LaVerne Smith Elden July .17, 1991 July 17,. 1991 1800 Block Oakland Boulevard $195.50 - $379.52 Claimant alleges damages to vehicle as result of overhanging tree limb causing windshield to break. Joan M. Duke ;,r 1, :,;c; ,. July 17, 1991 June 1990 through June 1, 1991 1405-1407 Virginia Place $2,709.55 Claimant alleges damages as result of sewer backup. M&C OCS-312 adopter It was the consensus of the City Council that the recommendation be adopted. &C OCS-313 I There was presented Mayor and Council Communication No. OCS-313 from the Office of the dop tio n of Re- City Secretary stating that the City Council adopted Ordinance No. 10866 on June 24, 1991, of uti on holding call ing a Charter Amendment' Election for, August' 10, 1991, on the Wage Formula for the Fort f the August 1 0th Worth Police Department employees; that Tarrant County -will be conducting an election on a lection proposed amendment to the Texas Constitution and the Tarrant County Education District will be conducting an election also;:that the election voting places for all three elections will be the same at 47 locations; that it i.s proposed to share equally the cost of the rental of these polling places between the three entities; and recommending that the resolution be adopted approving the holding with Tarrant County and Tarrant County Education District of elections to be conducted on August 10, 1991, at same voting locations, where possible, and sharing equally in -the cost -of using the same locations. On motion of Council Member Puente, seconded by Mayor Pro tempore Webber, the recommendation was adopted. n troduced a Council Member Puente introduced a resolution and made a motion that it be adopted. esolution The motion was seconded by Mayor Pro tempore Webber.-' The motion, carrying with it the adoption of said resolution, prevailed by the following vote: esolution No. 743 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The .resolution, as adopted, is as follows: e 1 RESOLUTION NO. 1743 JOINT RESOLUTION AND AGREEMENT. STATE OF TEXAS § ; COUNTY OF TARRANT § WHEREAS, the City of Fort_Worth will,,, be conducting a City Charter Amendment Election :on August 10, 1991 (hereinafter referred to as the "City Election"); and WHEREAS, Tarrant County will be conducting, -an election on August 10, 1991, concerning a proposed amendment to the Texas Constitution (hereinafter called the "County Election"); and WHEREAS, the Tarrant County Education District likewise will be conducting an election on August 10, 1991 (hereinafter referred to as the "District Election"); and WHEREAS, it is the finding of the governing bodies of the parties hereto that savings to the taxpayers of these governmental entities would be realized Minutes of City Council S-3 Page 174 17 Tuesday, July 23, 1991 Resolution No. 174 if the elections, when practical , be held at the same voting locations, with the cont. three governmental entities sharing equally in the costs of utilizing the same locations; NOW, THEREFORE, BE IT HEREBY JOINTLY RESOLVED AND AGREED by the City Council of the City of Fort Worth, by the Commissioners' Court of Tarrant County, Texas, and by the Tarrant County Education District Board, that these three entities, when practical, shall hold said elections at the same voting locations, with the three governmental entities sharing equally in the costs of using the same locations. Benefit Hearing It appearing to the City Council that the City Council on June 18, 1991, set today as BH -0058 the date for benefit hearing in connection with the assessment paving of Wesleyan Drive from Avenue J to East Rosedale and that notice of the public hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on June 27 and 28, and July 1, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, Mrs. Martha Lunday appeared before the City Council and advised the City Council that the independent appraisal re BH -0058 performed by Mr. Robert Martin has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0058, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WESLEYAN DRIVE FROM AVENUE J TO EAST ROSEDALE (PROJECT NO. 67-040199) 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 Wesleyan Drive from Avenue J to East Rosedale. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Wesleyan Drive from Avenue J to East Rosedale. The street is in the Polytechnic Target Area and has never been constructed to City standards. Community Development Block Grant (CDBG) Funds will provide a portion of the construction cost. One -and two-family residences will not be assessed. Wesleyan Drive will be constructed with standard concrete pavement with standard driveways and sidewalks as shown on the plans. On June 18, 1991 (M&C G-9192), the City Council established July 23, 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 $ 10,162.76 ( 5%) City's share of cost $176,837.24 ( 95%) Total cost $187,000.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council District 5. Mr. Jack A. Burge Mr. Jack A. Burge, 3100 East Rosedale, owner of property, Lot 8, Block 28, Polytechnic re BH -0058 Heights Addition, which property is adjacent to Weslyan Drive from East Rosedale Street to Avenue J, appeared before the City Council and expressed opposition to the paving assessment. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Wesleyan Drive from Avenue J to East Rosedale, Council Member McCray made a motion, seconded by Council Member Woods, 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 McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council S-3 Page 175 N 176 Tuesday, July 23, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10879 Ordinance No. 10 879 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WESLEYAN DRIVE FROM EAST ROSEDALE STREET TO AVENUE "J", AND PORTIONS OF SUNDRY OTHER STREETS, 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-9212 re There was presented Mayor and Council Communication No. G-9212, dated July 9, 1991, cont. for one week from the City Manager stating that the RAILTRAN Policy Committee approved the RAILTRAN Fiscal Year 1991-92 operating budget on May 23, 1991, to authorize expenditures made for RAILTRAN activities; that the RAILTRAN policies provide for the approval of the budget by the two City Councils, although RAILTRAN revenues must be reserved for mass transit use only; that costs to be incurred for outside professional services, such as a general engineering consultant, right -of -way maintenance, legal council, and survey work are listed under Contractual Services; that all cost associated with the Cities' management and planning functions for the RAILTRAN property are listed under Salaries, Supplies and Materials, and Capital Outlay categories; that the budget request for Fort Worth's portion is $786,298.00; and recommending that the City Council approve the D/FW RAILTRAN System operating budget for FY 1991-92, per the May 23, 1991, recommendation of the RAILTRAN Policy Committee. Council Member Matson requested a briefing on information regarding D/FW Railtran System FY -91-92 budget at Pre -Council next week and made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. G-9212 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C, G-9223 re There was presented Mayor and Council Communication No. G-9223 from the City Manager Adopted Citizens' stating that the City Council appointed a five -member Citizen's Advisory Committee on Advisory Committee December 5, 1989, to assist the City in complying with the requirements of Subsection Semi -Annual Pro- 395.077 (b), Local Government Code; that the City Council adopted Ordinance No. 10601 which gress Report established assessment and collection schedules for the implementation of impact fees; that the Citizen's Advisory Committee met on July 8, 1991, to review the status of impact fees and unanimously adopted the Semi -Annual Progress Report; and recommending that the City Council adopt the Citizen Advisory Committee's Semi -Annual Progress Report concerning the status of the Water and Wastewater Impact Fees. It was the consensus of the City Council that the recommendation be adopted. M&C, G-9224 re There was presented Mayor and Council Communication No. G-9224 from the City Manager rental fee on golf stating that the Park and Recreation Department Golf Division has received numerous requests cart from the golfing public to rent an electric -powered golf cart to a single individual at a reduced rate; that a single rider cart service would increase utilization of all courses by encouraging "fivesome" golf during the week; that the present established cart rental rates are $14.00 for an 18 -hole cart and $8.00 for a 9 -hole cart; that the recommendation will grant the single golfer a $4.00 discount for an 18 -hole cart; that the $8.00 fee for a 9 - hole cart will not change; and recommending that the City Council authorize the addition of a rental fee for a single rider on a golf cart for all municipal golf courses; authorize a single rider golf cart fee of $10.00, to be charged a single golfer for an 18 hole cart; and authorize the single rider cart fee to be valid on weekdays only, -not weekends or holidays. Mr. George Kruzick Mr. George Kruzick, Golf Superintendent, Park and Recreation Department, appeared re M&C G-9224 before the City Council and advised the City Council that, as far as he knows, there has not been any concerns expressed by any senior citizens regarding the single rider golf cart fee. Mayor Pro tempore Webber made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-9224 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9225 re There was presented Mayor and Council Communication No. G-9225 from the City Manager Hispanic scholar- stating that the Tejanos for Onda Music, Inc., a Texas non-profit corporation, has presented ship funds the North Texas Onda Music Festival in Marine Park for the last three years to benefit lHispanic scholarship funds; that Tejanos for Onda Music proposes to sponsor the festival Minutes of City Council S-3 Page 176 Tuesday, July 23, 1991 M&C G-9225 cont. this year at Marine Park on Sunday, August 11, 1991, from 1:00 p.m. to 12:00 midnight; that admission fees would not exceed $5.00 per person; that a portion of the park would be fenced from Wednesday, August 7, through Tuesday, August 13; that, however, free public access would not be restricted until the day before the concert; that the sponsors have requested that the Park and Recreation Department co-sponsor the event by waiving the ten percent fee on sales of concession items; that this requested waiver is consistent with the recommendations regarding similar festivals at which concessions are provided by community volunteer organizations; and recommending that the City Council permit sales of concession items, advertising of corporate sponsors, and sale of admission tickets at a concert to benefit Hispanic scholarship funds at Marine Park on Sunday, August 11, 1991, for the adopted fees of $1,500.00 plus ten percent of admission fees to the event, and waive collection of the ten percent fee on sale of concession items. It was the consensus of the City Council that the recommendation be adopted. M & C G-9226 re There was presented Mayor and Council Communication No. G-9226 from the City Manager settlement of claid stating that Mr. Waymon C. Phillips filed a claim for bodily injury allegedly received when filed by Waymon the car he was riding in was struck by a Fire Department vehicle responding to an emergency C. Phillips on August 1, 1989, at Pecan and East Third; that, while admitting no liability i n this matter, the Risk Management Department has negotiated with Mr. Phillips through his attorney and has agreed to a settlement of $7,750.00 pending City Council approval; that the Director of Fiscal Services certifies that money for this settlement is available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve the settlement of the claim filed by Waymon C. Phillips and authorize expenditure of $7,750.00 for the settlement agreed to by Mr. Phillips, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C, G-9227 re There was presented Mayor and Council Communication No. G-9227 from the City Manager Workers' Compensa- stating that the City Council authorized submission of an application for Workers' tion Insurance Compensation Insurance to the State of Texas Workers' Compensation Assigned Risk Pool on JTPA July 17, 1990, by Mayor and Council Communication No. G-8735 for coverage for JTPA participants with Hartford Insurance Company for the period July 24, 1990, to July 23, 1991; that the Mayor and Council Communication also provided for an option to renew the coverage for an additional two years subject to acceptance of the application by the State of Texas Workers' Compensation Insurance Facility and City Council approval; stating that the Director of Fiscal Services certifies that funds required for this contract are available in the current operating budget, as appropriated, of the Grants Fund; and recommending that the City Council: 1. Authorize the City Manager to submit an application for Workers' Compensation Insurance to the State of Texas Workers' Compensation Insurance Facility for coverage for JTPA participants for the period July 24, 1991, to July 23, 1992, and 2. Authorize premium payments of an amount not to exceed $206,980.00 to Hartford Insurance Company or to another insurance company assigned by the Texas Workers' Compensation Insurance Facility subject to State Board of Insurance additional modifiers and surcharges, if any, and subject to actual audit, and 3. Authorize a deposit estimated at 25 percent of the total premium to be placed with the insurer prior to expiration of the existing coverage. M&C G-9227 adopted It was the consensus of the City Council that the recommendations be adopted. M&C, G-9228 re There was presented Mayor and Council Communication No. G-9228 from the City Manager donation from Mr. stating that Mr. Lewis Jacobini with Flame Safe Chemical Corporation has donated to the Lewis Jacobini Police Department 240 flame suppressant blankets to be placed in the department's marked Patrol and Traffic Units; that these blankets can be used in addition to the fire extinguishers with which each unit is currently equipped; and recommending that the City Council accept the donation of 240 flame suppressant blankets from Mr. Lewis Jacobini with Flame Safe Chemical Corporation. It was the consensus of the City Council that the recommendation be adopted. M & C G-9229 re There was presented Mayor and Council Communication No. G-9229 from the City Manager donation f rom stating that the Fort Worth Citizens Organized Against Crime has purchased and would like Fort Worth Citizens' Organize to donate eight flags for use by the Police Department; and recommending that the City Against Crime Council accept the donation of four United States flags and four City of Fort Worth flags from the Fort Worth Citizens Against Crime. It was the consensus of the City Council that the recommendation be adopted. M&C G-9230 re There was presented Mayor and Council Communication No. G-9230 from the City Manager, Industrial Waste as follows: Ordinance Revision Minutes of City Council S-3 Page 177 Tuesday, July 23, 1991 M&C G-9230 cont. SUBJECT: INDUSTRIAL WASTE ORDINANCE REVISION RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance which amends the existing Industrial Waste Ordinance approved August 16, 1983. DISCUSSION: The Industrial Waste Ordinance was extensively revised in 1983 to allow the City to implement and enforce requirements under the U.S. Environmental Protection Agency's (EPA) pretreatment program rules (M&C C-7034). This program was implemented in order to adequately protect the sewer collection system and wastewater treatment plant from harmful industrial waste discharges. After several years of operating the industrial waste and pretreatment program under the current ordinance, the industrial waste staff and the EPA have identified several modifications that would improve the program's effectiveness, as well as bring the local ordinance into compliance with present EPA regulations. Copies of the revised ordinance and supporting information were submitted to EPA for preliminary approval, which was received on March 4, 1991. Regulated industries and wholesale wastewater customers have been included in the ordinance revision process. An industrial wastewater advisory group, consisting of representative industries throughout the City, was reestablished by the Fort Worth Chamber of Commerce, and this group was effectively utilized in the 1983 ordinance. A meeting was held, at which time, the ordinance revisions were presented and discussed. The revised ordinance was also explained and presented at a Wholesale Wastewater System Advisory Committee Meeting, and sent to the Cities of Arlington and Kennedale, who are not members of the committee. Comments were requested since the wholesale wastewater customers must adopt industrial waste ordinance revisions at least as stringent as those adopted by Fort Worth. Comments from the above two groups have been considered, and appropriate revisions have been included in the proposed ordinance. It is the opinion of the Water Department staff that proposed revisions to the ordinance will have minimal impact on industries in Fort Worth and surrounding wholesale wastewater customer communities. After City Council approval of the proposed ordinance revisions, the ordinance must be sent to EPA which requires a 30 -day public notice period before final approval can be given. &C G-9230 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9230, be adopted. n troduce d an Council Member Chappell introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Council Member Meadows. 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, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdinance No.. +i ORDINANCE NO. 10880 0880 AN ORDINANCE AMENDING CHAPTER 35, ARTICLE IV OF THE FORT WORTH CITY CODE (1986, AS {,MENDED, REQUIRING PERMITS TO°fKSCHARGE INDUSTRIAL WASTEWATER INT6'THE FORT WORTH SANITARY SEWER.SYSTEM; AUTHORIZING THE DIRECTOR OF THE FORV WORTH WATER OEPAR TENT TO PROMULGATE REGULATIONS PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; ENGROSSING AND ENROLLING THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council S-3 Page 178 Tuesday, July 23, 1991 Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 10880 cont. SECTION V. That the violation of any pretreatment standard or requirement, or any provision of this ordinance or of the Fort Worth City Code (1986), as amended, relating to sewer service shall be deemed an offense .and punishable by a fine not exceeding Two Thousand Dollars ($2,000), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. As used herein, the term violation includes exceeding any discharge limit or parameter for which a single sample is analyzed. SECTION VI. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption, penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Section 52.013, Texas Local Government Code. M & C G-9231 re There was presented Mayor and Council Communication No. G-9231 from the City Manager Equal Employment stating that Informal Report No. 7532, Equal Employment Opportunity and Affirmative Action Opportunity and Affirmative Action Status Report, was presented at the City Council workshop of July 2, 1991; that the placement of a resolution on an upcoming Council agenda was discussed at that time; and recommending that the City Council adopt a resolution reaffirming its commitment to Equal Employment Opportunity and Affirmative Action. On motion of Mayor Pro tempore Webber, seconded by Council Member Puente, the recommendation was adopted. Introduced a Mayor Pro tempore Webber introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Puente. 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, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1744 1744 WHEREAS, the City of Fort Worth has made significant progress in the employment of minorities and women since the passage of the Equal Employment Opportunity Act of 1972; and WHEREAS, the City of Fort Worth for over twenty-five years has undertaken affirmative action efforts to assure representation of minorities and women throughout the City government work force; and WHEREAS, the City of Fort Worth City Manager has directed all City department heads to develop Equal Employment Opportunity and Affirmative Action Plans for their respective departments, and WHEREAS, the City of Fort Worth believes its work force should reflect the diversity of its citizenry; and WHEREAS, the City of Fort Worth as an employer recognizes the continued importance of broadening the ethnic and gender makeup of its work force in order to meet its present and future labor needs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the City Council of the City of Fort Worth does hereby reaffirm its commitment to the principles of Equal Employment Opportunity and Affirmative Action and directs the City Manager to continue those activities that assure the municipal government will be an equal opportunity employer; and in keeping with this policy, the City will continue to recruit, hire, train, and promote into all job levels without regard to race, color, religion, sex, national origin, age or disability. M&C G-9232 re There was presented Mayor and Council Communication No. G-9232 from the City Manager improvements to stating that the 1986 Capital Improvement Program included funds for the improvement of Bonnell Avenue Bonnell Avenue from Bryant Irvin Road to Merrick Street; that the street is in the Como from Bryant Irvin Road to Merrick Street Minutes of City Council S-3 Page 179 ISO Tuesday, July 23, 1991 &C G-9232 cont. I Target Area and previously has been constructed to City standards; that Community Development Block Grant funds will provide a portion of the construction cost; that the project is in Council District 7; that the total estimated cost of the assessment paving is $707,420.50; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Bonnell Avenue from Bryant Irvin Road to Merrick Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Bonnell Avenue against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish August 27, 1991, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. &C G-9232 adopted II On motion of Council Member Meadows, seconded by Council Member Puente, the recommendations i were adopted. &C G-9233 re There was presented Mayor and Council Communication No. G-9233 from the City Manager mprovements to stating that the 1986 Capital Improvement Program included funds for the improvement of West est Bowie Street Bowie Street from Hemphill Street to 220 feet east of May Street; that the street has rom Hemphill p y t ree t to 220 feet previously been constructed to City standards; that one and two-family residences are not as t of May Street assessed; that West Bowie Street will be constructed with standard concrete pavement, and standard driveways, and sidewalks will be built where shown on the plans; that the project is in Council District 9; stating that the total estimated cost of the assessment paving is $188,650.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to West Bowie Street from Hemphill Street to 220 ft east of May Street, and 2. Authorize the assessment of a portion of the cost of the improvements to West Bowie Street against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish August 27, 1991, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. &C G-9233 adopted On motion of Council Member Chappell, seconded by Council Member McCray, the recommendations were adopted. &C P-5079 re There was presented Mayor and Council Communication No. P-5079 from the City Manager urchase agreement submitting a tabulation of bids received for a one-year purchase agreement with one-year ith Bluebonnet up ply renewal option for barricade batteries for all City Departments; stating that the Director of Fiscal Services certifies that funds required for the agreement are available in the Treasury to the credit of the appropriate Funds; and recommending that the purchase agreement be authorized with Bluebonnet Supply on its low bid of $0.99 each, f.o.b. Fort Worth, Texas, with term of agreement to begin July 15, 1991, and end July 14, 1992. It was the consensus of the City Council that the recommendation be adopted. &C P-5080 re purchase agreement There was presented Mayor and Council Communication No. P-5080 from the City Manager with E xi Exide Cor- stating that the City Council authorized a purchase agreement on October 24, 1989, by Mayor porati and Council Communication No. P-3785 with Associated Battery to furnish automotive and truck batteries to the City of Fort Worth for one year with options to renew for two additional years; that the first option to renew was exercised by Mayor and Council Communication No. P-4397; that, during the second year of the agreement, Associated Battery was sold to Exide Corporation; that the vendor has agreed to hold the prices firm for another year and the City Services Department has requested that the second option to renew be exercised by Council; stating that the Director of Fiscal Services certifies that money required for the anticipated expenditures is available in the Treasury to the credit of the appropriate funds; and recommending that the second of two options for renewal be exercised with Exide Corporation for the supply of automotive batteries for all City Departments on its low bid meeting specifications of unit prices, with term of agreement to begin October 24, 1991, and end October 23, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5081 re There was presented Mayor and Council Communication No. P-5081 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement for motorized with Anthony Crane crane service for all City departments; stating that the Director of Fiscal Services Rental of Texas, certifies that money required for the anticipated expenditures of each department eligible Inc. Minutes of City Council S-3 Page 180 181 Tuesday, July 23, 1991 M&C P-5081 cont. to participate in this agreement is available in the Treasury ° to the credit of the appropriate Funds; and recommending that the City Council authorize a one-year purchase agreement with Anthony Crane Rental of Texas, Inc., based on its low unit price per item, net f.o.b. Fort Worth, Texas, with term of agreement to begin July 30, 1991, and end July 29, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5082 re There was presented Mayor and Council Communication No. P-5082 from the City Manager purchase agreement stating that bids were requested on the basis of manufacturer's suggested list price less with Goldwaite's of Texas, Inc. a discount for genuine Dandl manufacturer's replacement parts for the City Services Department; that the award of a one-year purchase agreement on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the City staff was informed by the Dandl representative that there were only two authorized dealers in the Fort Worth area; that invitations to bid were mailed to both vendors with only one responding; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of Equipment Services Operating Fund; and recommending that the City Council authorize a purchase agreement for the purchase of genuine Dandl manufacturer's replacement parts with Goldthwaite's of Texas, Inc., on quotation of unit prices at manufacturer's suggested list price less zero percent discount, with term of agreement to begin July 10, 1991, and end July 9, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-5083 re There was presented Mayor and Council Communication No. P-5083 from the City Manager purchase agreement submitting a quotation received for a purchase agreement to furnish genuine Volvo White with Summit White parts for the City Services Department; stating that the Director of Fiscal Services GMC Trucks, Inc. certifies that money required for this anticipated expenditure during the 1990-91 fiscal year is available in the Equipment Services Fund, and the money required for the 1991-92 fiscal year will be available in the Equipment Services Fund; and recommending that the purchase agreement be authorized with Summit White GMC Trucks, Inc., on manufacturer's wholesale price list, with term of agreement to begin August 7, 1991, and end August 6, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. M & C P-5084 re There was presented Mayor and Council Communication No. P-5084 from the City Manager contract with submitting a quotation received for contract to furnish alternate fueling sites for City Gascard Fuel Services Department; stating that the Director of Fiscal Services certifies that funds Management System required for the agreement are available in the current operating budget, as appropriated, of Equipment Services Operating Fund; and recommending that the City Manager be authorized to execute a contract with Gascard Fuel Management System for a term beginning August 31, 1991, and ending August 30, 1992, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. M & C P-5085 re There was presented Mayor and Council Communication No. P-5085 from the City Manager purchase agreement submitting a tabulation of bids received for purchase agreements to furnish body shop with Color Supply,supplies Inc.; Jake Mobley for the City Services Department; stating that the Director of Fiscal Services Refinish Sales, certifies that funds required for the agreement are available in the Equipment Serviced and Dealer Pro - Fund; and recommending that the City Council authorize purchase agreements with Color Supply ducts, Inc. Inc., Jake Mobley's Refinish Sales, and Dealer Products, Inc. for one year with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. M&C P-5086 re There was presented Mayor and Council Communication No. P-5086 from the City Manager purchase agreement submitting a quotation received for a purchase agreement to provide catering service for with Jolly Chef the Fire Department; stating that the Director of Fiscal Services certifies that money Express, Inc. required for the anticipated expenditure during the 1990-91 fiscal year is available in the current operating budget, as appropriated, of the General Fund and the money required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the purchase agreement be authorized with Jolly Chef Express, Inc., on its unit price bid of $4.20 per person, with term of agreement to begin July 16, 1991, and end July 15, 1992, with option to renew for one year. It was the consensus of the City Council that the recommendations be adopted. M&C P-5087 re There was presented Mayor and Council Communication No. P-5087 from the City Manager purchase of vital stating that the Council approved the purchase of banker note certificates to be used in the record certificate publishing of birth records produced in connection with the Texas Health Department on line issuance system on June 6, 1991, by Mayor and Council Communication No. C-12899; that American Bank Note Company holds the United States patent for "Documents of Value Including Intaglio Printed Transitory Images"; stating that the Director of Fiscal Services certifies that money required for the anticipated expenditure is available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize the purchase of vital record certificates for the Health Department from sole source vendor, American Note Paper Company, for an amount of $16,660.00 plus or minus ten percent, f.o.b. delivered, Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-5088 re There was presented Mayor and Council Communication No. P-5088 from the City Manager payment to stating that the City had a lease/purchase agreement with John Thornhill for undercover John Thornhill police cars during 1988, 1989, and 1990; that, during that time, when cars leased by the Auto Dealership Minutes of City Council S-3 Page 181 ti Tuesday, July 23, 1991 &C P-5088 cont. City were undergoing repairs, the vendor "loaned" the City other vehicles; that the Police Department equipment coordinator has reviewed invoices submitted by John Thornhill for repair work and determined that 12 invoices totaling $5,985.75 should be paid to the vendor; stating that the Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize the payment of $5,985.75 to the John Thornhill Auto Dealership for repairs to vehicles on loan to the Police Department. It was the consensus of the City Council that the recommendation be adopted. &C P-5089 re There was presented Mayor and Council Communication No. P-5089 from the City Manager u rchase of ve hicl submitting a tabulation of bids received for vehicle detectors for the Transportation and e tec to rs Public Works Department; stating that the Director of Fiscal Services certifies that the funds for the anticipated expenditure are available in the General Fund; and recommending that the City Council authorize the purchase from ASI on its low bid meeting City specifications of $8,800.00, net f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-5090 re There was presented Mayor and Council Communication No. P-5090 from the City Manager urchase of 12 stating that the bid for 12 bicycles for the Police Department was advertised in the Fort icy cle s with Worth Star-Teleqram, on May 9 and 16, 1991; that bid invitations were mailed to ten vendors cce sso ry eq uipme n and one responded; that the bicycles that are being purchased will be used by the Police Department's Downtown Bicycle/Foot Patrol Unit; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the budget of the Special iTrust Fund; and recommending that the City Council authorize the purchase of 12 bicycles from Bicycle, Inc., on quotation of $8,789.94 net, f.o.b. Fort Worth, Texas. aptai n Don Gerl an ' Captain Don Gerl and, North Division of the Police Department, appeared before the City e M&C P-5090 Council and advised the City Council that the base price of the bicycles is $499.95 and that the price escalated due to the accessories and tools that needed to be added for use by the Police Department. Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. P-5090 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C L-10559 re There was presented Mayor and Council Communication No. L-10559 from the City Manager uit claim deed to stating that the City accepted a dedication by a developer in 1985 of approximately 15.2 eorge Henry Ander- acres of land for a future park site located near the intersection of Cromwell Marine Creek on and Old Decatur Road; that the site was later labeled North Marine Creek Park; that the developer had acquired the site from Mr. George Henry Anderson under a mortgage and deed of trust financed by Mr. Anderson; that, at the time of the dedication, the City did not know the site was encumbered by the mortgage and deed of trust; that the deed of trust required Mr. Anderson's approval for any sale or disposition of the site; that the developer neither sought nor received Mr. Anderson's approval before making the dedication, and the developer dedicated the property in violation of the deed of trust; that, in February 1991, Mr. Anderson learned of the park site dedication and asked the City either to return ownership of the site to him or purchase the site at fair market value; that, after lengthy discussions, negotiations and considerations, the Park and Recreation Department recommends conveying the land to Mr. Anderson; and recommending that the City Council authorize the City Manager to sign a quit claim deed to deed the City's interest in 13.74 acres of the North Marine Creek Park to George Henry Anderson. It was the consensus of the City Council that the recommendation be adopted. &C L-10560 re There was presented Mayor and Council Communication No. L-10560 from the City Manager, cqui si ti on of as follows: treetlight ease - e n is SUBJECT: ACQUISITION OF STREETLIGHT EASEMENTS RECOMMENDATION: It is recommended that the City Council approve the dedication by instrument of the following streetlight easements: (1) South 5 feet of Lot 17, Block 11, Viewpark; 5421 Whitten St.; Owner: Charles R. Birdow (2) South 5 feet of Lot 20, Block 14, Viewpark; 5421 Hensley Dr.; Owner: Susie Madkin (3) North 5 feet of Lot 18, Block 6, Viewpark; 1370 Roma Lane; Owner: Johnnie M. Lacy (4) South 5 feet of Lot 9, Block 18, Viewpark; 5432 Conroy St.; Owner: Warlene Davis Haynes (5) South 5 feet of Lot 16, Block 9, Viewpark; 5417 Bandy Ave.; Owner: James W. Bell Minutes of City Council S-3 Page 182 I S.3 Tuesday, July 23, 1991 &C L-10560 cont.II (6) Northeast 5 feet of Lot 5, Block 8, Viewpark; 5316 Mansel Lane; Owner: Johnny D. Boson (7) North 5 feet of Lot 5, Block 9, Viewpark; 5416 Mansel Lane; Owner: Sylvester A. Sampson, Jr. (8) Northwest 5 feet of Lot 8, Block 6, Highland Hills; 1428 Cloverdale Dr.; Owner: Zelma M. Moore (9) Southeast 5 feet of Lot 24, Block 13, Highland Hills; 1521 Cloverdale Dr.; Owner: Victor Mims and Arden Mims (10) Southeast 5 feet of Lot 20, Block 6, Highland Hills; 1425 Stafford Dr.; Owner: John A. White (11) Northwest 5 feet of Lot 5, Block 11, Highland Hills; 1516 Stafford Dr.; Owner: James H. Brown (12) Southeast 5 feet of Lot 7, Block 13, Highland Hills; 1524 Milmo Dr.; Owner: Billie Walker Hamilton (13) West 5 feet of Lot 17, Block 8, Highland Hills; 1437 Roma Lane; Owner: Ruby Lee Johnson (14) Southeast 5 feet of Lot 12, Block 2, Highland Hills; 1321 Stafford Dr.; Owner: St. Mark Cumberland Presbyterian Church (15) North 5 feet of Lot 6, Block 6, Highland Hills West; 5637 Hensley Dr.; Owner: Georgia T. Williams (16) Northeast 5 feet of Lot 22, Block 7, Highland Hills West; 5648 Comer Dr.; Owner: Thomas W. Stanton (17) South 5 feet of Lot 9, Block 2, Highland Hills West; 5632 Conroy St.; Owner: J. H. Holland (18) Southwest 5 feet of Lot 5, Block 1OR, Highland Hills West; 5617 Cando Dr.; Owner: Barbara Edwards (19) South 5 feet of Lot 9, Block 7, Highland Hills West; 5637 Conlin Dr.; Owner: Melvin L. McClendson M&C L-10560 II It was the consensus of the City Council that the recommendation, as contained in Mayor and adopted Council Communication No. L-10560, be adopted. M&C L-10561 re There was presented Mayor and Council Communication No. L-10561 from the City Manager acceptance of recommending that the City Council authorize the acceptance of an irregularly-shaped easement easement ten feet in width from the front side of Lot 1, Block 9, Cityview Addition, located ment Corporation at the corner of Bryant Irvin Road and Oak Bend Trail, and owned by Cityview Medical Development I, Ltd. It was the consensus of the City Council that the recommendation be adopted. M&C L-10562 re There was presented Mayor and Council Communication No. L-10562 from the City Manager correcting M&C L- stating that, as the result of an error in Mayor and Council Communication No. L-10536 10 536 Lake Worth approved by the City Council on June 11, 1991; the legal description of the property sold Lease Survey to was indicated as Lot 42A, Block 6, Lake Worth Lease Survey; that, subsequently, the property Tony Smith has been surveyed and the correct legal description of the property sold is Lots 42A and 42B, Lake Worth Lease Survey, located at 8249 Cahoba Drive; and recommending that the City Council correct Mayor and Council Communication No. L-10536 approved on June 11, 1991, by approving the sale of Lot 42A and 42B, Block 6, Lake Worth Lease Survey to Tony Smith. It was the consensus of the City Council that the recommendation be adopted. M&C L-10563 re There was presented Mayor and Council Communication No. L-10563 from the City Manager contribution from stating that a condemnation case was instituted by Mayor and Council Communication Hillwood Develop- No. L-10052 on March 13, 1990, after the City and the landowner were unable to agree on fair ment Corporation compensation for the landowner's property needed for the construction of State Highway 170; that the special commissioners assessed the damages to the landowner's property and awarded $24,400.00; that the City deposited the award with the Court and proceeded with the work; that the defendant filed objections to the award and, after lengthy negotiations, the landowner has agreed to settle all claims against the City and to join the City's dismissal of the case in return for an additional $5,150.00 for a' total of $29,550.00; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current capital budget, as appropriated, of the Alliance Airport Fund; and recommending that the City Council accept a contribution from Hillwood Development Corporation in the amount of $20,000.00 for the purpose of settling pending litigation for State Highway 170; adopt an appropriation ordinance increasing estimated receipts and appropriations by $20,000.00; and approve the expenditure of an additional $5,150.00 as a deposit to the Court in settlement of all claims arising from Cause No. 141-126012-90. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council S-3 Page 183 1- I Tuesday, July 23, 1991 Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Meadows. 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, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10881 10881 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ALLIANCE AIRPORT FUND IN THE AMOUNT OF $20,000.00 FOR THE PURPOSE OF SETTLING PENDING LITIGATION FOR STATE HIGHWAY 170; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C L-10564 re There was presented Mayor and Council Communication No. L-10564 from the City Manager partial release stating that Prudent Enterprises has requested a partial release of a two -foot wide of drainage a ase- rectangularly -shaped City drainage easement from the southeast portion of Lot 9, Block 29, me n t Moody Addition, located at 3106 Oscar Avenue; and recommending that the City Manager be authorized to execute a partial release of a drainage easement to Prudent Enterprises. It was the consensus of the City Council that the recommendation be adopted. M&C L-10565 re I There was presented Mayor and Council Communication No. L-10565 from the City Manager cont. for two week stating that the City Manager was authorized on March 30, 1970, by Mayor and Council Communication No. L-3022 to execute an agreement granting the United States of America a restrictive easement over a portion of the waters of Lake Worth adjacent to Carswell Air Force Base to establish a safety zone adjacent to the Carswell ammunition dump; that the existing easement is designated as a portion of Tract 253E and all of Tracts 262E, 263E, and 264E, Carswell Air Force Base, Texas; and recommending that the City Manager be authorized to execute a Supplement Agreement expanding the restrictive easement on the waters of Lake Worth to approximately 400 feet in depth and 2,000 feet in length, held by the United States Government. Council Member Meadows made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. L-10565, Expansion of Restrictive Easement on Lake Worth -Carswell Air Force Base, be continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10566 re There was presented Mayor and Council Communication No. L-10566 from the City Manager easement from stating that Trinity Coatings, holder of the easement, has requested the City to accept the G&W Enterprises, Inc. dba Trinity assignment of waterline and fire hydrant easement in order for the City to install an on- Coatings, n- Coatings, Inc. site fire hydrant for the protection of a new building located adjacent to the north side of a portion of Tract 13B, E.S. Harris Survey, Abstract No. 688; that the easement covers 1,700 square feet; that the property is located north of Park Place Avenue and is owned by J. F. Agee and Eugenia Kraft Agee; and recommending that the City Council authorize the Acting Director of Real Property Management to accept and record an Assignment of Easement to the City from G&W Enterprises, Inc., d/b/a Trinity Coatings, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C L-10567 re execution of There was presented Mayor and Council Communication No. L-10567 from the City Manager sanitary sewer stating that an easement and right -of -entry agreement, along with a temporary construction easement easement, are required for Biddison/Ripy from Overton Park National Bank to replace the existing sanitary sewer line; that the easement and right -of -entry agreement is a rectangularly -shaped strip of land 15 feet in width from the north side of Lot 18 and the south side of Lot 19, Block 57, Ryan and Pruit Addition, Parcel 3; that the temporary construction easement is a rectangularly -shaped strip of land from the north side of the aforementioned easement; that the property is located at 3412-18 South Grove Street and owned by Overton Park National Bank; and recommending that the City Council authorize acceptance and execution of a sanitary sewer easement and right of entry agreement for Biddison/Ripy from Overton Park National Bank. Minutes of City Council S-3 Page 184 Tuesday, July 23, 1991 Council Member Silcox advised City Council of his contractual interest involving Overton Park National Bank and stated that he is disqualified from voting on Mayor and Council Communication No. L-10567. Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. L-10567 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, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Silcox M&C C-12949 re There was presented Mayor and Council Communication No. C-12949, dated July 9, 1991, cont. for one week from the City Manager 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 y„ 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 Meadows requested that staff prepare a comprehensive report showing the different agpcies that are recipients of funds and the amount of funds being received by various agencies. Mayor Pro tempore Webber made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. C-12949 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12956 re There was presented Mayor and Council Communication No. C-12956, dated July 9, 1991, contract with from the City Manager, as follows: Harris Health Plan Inc., d b a SUBJECT: CITY EMPLOYEE HEALTH INSURANCE AGREEMENTS WITH HARRIS HEALTH PLAN, Harris Methodist INC., D/B/A HARRIS METHODIST HEALTH PLAN, AND FAITH HARRIS METHODIST Health Plan. and SELECT PLAN, INC. _rr* 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: i 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 Minutes of City Council S-3 Page 185 s l_) Tuesday, July 23, 1991 M&C C-12956 cont. I! 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 admi-nister the City's self-funded indemnity program for its active and retired employe" 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 informationback 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. 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 Minutes of City Council S-3 Page 186 187 Tuesday, July 23, 1991 M&C C-1ti2956ccott.II 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 Meadows advised City Council that, because of a business relationship with his firm, he is disqualified from voting on Mayor and Council Communication No. C-12956 and announced he would not participate in the discussion of this matter. Council Member Matson advised City Council that he is a retired City of Fort Worth employee; that he is eligible to participate in the discussion and vote on this item upon the advice of the City Attorney who has advised him he does not have a substantial interest and that, legally, he is permitted to take part in the discussion and vote on of Mayor and Council Communication No. C-12956. Minutes of City Council S-3 Page 187 Council Member Puente excused himself from the Council Chamber at this time. Ms. Minnie Nealy re M&C C-12956 Ms. Minnie Nealy, 5305 Mansel Lane, appeared before the City Council as a representative of the Insurance Committee and advised the City Council that the committee unanimously selected the Harris Methodist Health Plan and expressed concerns regarding the survey that was taken by Sanus. Mr. William H. Gates re M&C C- Mr. William H. Gates, 4128 Baldwin, appeared before the City Council and expressed his 12956 support for the Harris Methodist Health Plan. Minutes of City Council S-3 Page 187 T �i 5 Tuesday, July 23, 1991 Mr. Haywood I Mr. Haywood Faucette, 963 East Broadway, appeared before the City Council and F aucet to re M&C expressed support for the Harris Methodist Health Plan. C-12956 Mr. M.C. Slayton Mr. M. C. Slayton, Police Officer of the City of Fort Worth, appeared before the City re M&C C-12956 Council and expressed support for the Harris Methodist Health Plan, Mr. Arthur Long Mr. Arthur Long, Rt 8, Box 312, appeared before the City Council and expressed re M&C C-12956 opposition to Sanus as the health provider for City employees and retired employees. Council Member Puente assumed his place at the Council table at this time. Mr. Charles Ansley Mr. Charles Ansley, 1340 Woodland, appeared before the City Council and requested that re M&C C-12956 the City Council vote for the Harris Health Plan. Mayor Pro tempore Webber excused herself from the Council table at this time. B atallion Chief Battalion Chief J. D. Peacock, President of the Fort Worth Firefighters Association, J.D. Peacock re appeared before the City, and requested that the City Council vote for the Harris Health M&C C-12956 Plan. Mr. William Robert Mr. William Robertson, 8030 John Henry Drive, representative of Huguley Memorial son re M&C C- Hospital, appeared before the City Council and advised the City Council that, in his 12 956 opinion,'there is a necessity of having access of a hospital located in the southeast portion of Fort Worth for local access for the communities within this area and expressed support for the Harris Health Plan based upon its proposed modification to include Huguley Hospital. Mr. Michael Clark Mr. Michael Clark, 816 Canal, Vice President of Marketing for Harris Methodist Health re M&C C-12956 Plan, appeared before the City Council and requested that City Council give favorable consideration to the Harris Methodist Health Plan. Mr.- Calvin Coker . Mr. y Calvin Coker, 4601 Marks Place, President of Retired Fort Worth Firefighters re M&C, C-12956 Association, appeared before the City Council and expressed support for the Harris Health Plan. Ms. Betty Brink re Ms. Betty Brink, representing the Fort Worth Librarians Association, 7600 Anglin M & C C-12956 Drive, appeared before the City Council and expressed support for the Harris Methodist Health Plan. Mr. Melton Stevens Mr. Melton Stevens, 5516 David Strickland, appeared before the City Council and re M&C C-12956 requested that City Council give consideration to the cost of the health insurance. Dr. TeCora Ballom Dr. TeCora Ballom, 6320 Meadowbrook Drive, appeared before the City Council and re M&C C-12956 expressed opposition to the Harris Health Plan due to the exclusion of the Osteopathic Medical Center. Ms. Susan Pohly re Ms. Susan Pohly, Senior Management Team with Sanus, 800 Stanford Drive, appeared M&C C-12956 before the City Council and expressed opposition to the proposal for Harris Methodist Health Plan to provide group health insurance benefits and related services for the City employees. Mayor Granger excused herself from the Council table at this time and Mayor Pro tempore Webber assumed the chair. Dr. Bob T e rria n re Dr. Bob Terrian, 5944 River Oaks, appeared before the City Council and expressed M&C C-12956 opposition to the proposal for Harris Methodist Health Plan to provide group health insurance benefits for the City employees. Mr. Phillip Sowa Mr. Philip Sowa, 3812 Hamilton, Chief Executive Officer of the Osteopathic Medical re M&C C-12956 Center in Fort Worth, appeared before the City Council and expressed opposition to the proposal for Harris Methodist Health Plan. Dr. William R. Dr. William R. Gardner, 3750 South University Drive, a provider for both Sanus and Gardner re M&C C- Harris managed health care, appeared before the City Council in support of managed health 12956 care and stated that, in his opinion, both Sanus and Harris provide a high quality of health care. Council Member Puente", excused himself from the Council table at this time. Mr. W.E. Hunter re Mr. W.E. Hunter, 4902 Melody Lane, appeared before the City Council and advised the M&C C-12956 11 City Council of the problems he has had with Sanus and with the alleged slow payment of his bills. Mayor Granger assumed the chair at the Council table at this time. Council Member Silcox excused himself from the Council table at this time. r. Jim Barlow re Mr. Jim Barlow, 208 Rockwood, Attorney at Law, representing Huguley Memorial Medical AC C-12956 Center, appeared before the City Council and advised the City Council that Huguley Memorial serves over 300 employee families and requested that, if the City Council adopts the Harris Minutes of City Council S-3 Page 188 lss') Tuesday, July 23, 1991 Mr. Jim Barlow't Health Plan, Huguley be added as one of the hospitals under the Harris Methodist Health statement cont. Plan. Council Member Matson assumed his chair at the Council table at this time. Mayor Granger advised the audience that the recommendations that were brought by staff includes Fort Worth Osteopathic, Huguley, and Medical Plaza hospitals. Mr. John Burnam re Mr. John Burnam, 6528 Genoa Road, representing Osteopathic Medical Center of Texas, M&C, C-12956 appeared before the City Council and read a statement from Mr. Jay E. Sandelin, Chairman of Osteopathic Medical Center of Texas, expressing opposition to the exclusion of Osteopathic Medical Center of Texas under the Harris managed health care proposal, and requested that the City Manager be requested to present an alternate compromise solution and extending the existing contract with Sanus until such an alternate proposal can be prepared. Ms. Reba Walls reII Ms. Reba Walls, 1900 Forest Park Boulevard, appeared before the City Council and M&C C-12956 expressed opposition to the Sanus program. Mr. Efren Caban re Mr. Efren Caban, 3355 West Boyce Avenue, appeared before the City Council and advised M&C, C-12956 the City Council of his dissatisfaction with Sanus. Council Members Silcox and Puente assumed their places at the Council table at this time. Mr. Joe Cameron re Mr. Joe Cameron, 4605 Appl ewood Road, appeared before the City Council, representing M & C C-12956 the Taxpayers Association and as a citizen, and requested that the City Council reject the proposed Mayor and Council Communication to allow Harris Methodist Health Plan and recommended that the City Council adopt an alternate plan for one year which would allow an opportunity of the staff to review the group health plan and perhaps reconsider its decision. Mr. Michael Maxwell Mr. Michael Maxwell, 1407A Tennis Drive #1103, appeared before the City Council and re M&C C-12956 read correspondence from Dr. Constance J. Lorenz regarding notification by Sanus that she is no longer needed as a provider and expressing her dissatisfaction with Sanus in not allowing the doctors to provide good quality care for their patients. Mr. Lonnie Bridges ll Mr. Lonnie Bridges, 5701 Overton Ridge, appeared before the City Council and requested re M&C C-12956 that the health insurance program remain in Fort Worth. Ms. Constance Ms. Constance Howard Andrews, 2801 Walker, a member of the City Employees Insurance Howard Andrews re Committee, appeared before the City Council and presented a petition of City of Fort Worth M&C C-12956 employees/retirees in support of the Harris Methodist Health Plan and Harris Methodist Select Plan as the carrier/administrator for group health care for HMO and indemnity coverage. Recessed for five At the request of Mayor Granger, the City Council stood in recess for five minutes. minutes Reconvened into The City Council reconvened into regular session, with all members present, at which regular session time the following business was transacted: Ms. Mary Grantham re M&C C-12956 Ms. Mary Grantham, an employee of Transportation and Public Works Department, appeared before the City Council and expressed support for the Harris Methodist Health Plan. Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. C-12956 be adopted, as amended, by adding the following: (1) Upon the effective date of the new plan all new employees shall be covered solely by the HMO plan; (2) The adoption of the plan is conditional upon Harris permitting all accredited hospitals and doctors under appropriate objective criteria, to participate upon the same terms as those hospitals in the Harris system, with express understanding that Harris will use its best efforts to facilitate entry of Fort Worth Osteopathic, Huguley and Medical Plaza hospitals within 30 days and the City retaining the right to cancel this agreement is such best efforts are not utilized; (3) It is the intention of this City to restrict employee participation within the service area to the HMO in Fiscal Year 1992-1993 or to place all additional cost for participation in the so called indemnity plan solely on the employee; (4) Staff submit contract for Council approval; and (5) That each employee pay an additional $3.00 per day period above staff's original recommendation. Minutes of City Council S-3 Page 189 Tuesday, July 23, 1991 M&C C-12956 cont .II Mayor Granger advised City Council that she was in -formed by representatives of Harris that the plan is open to all accredited hospitals. Council Member Silcox offered an amendment to Council Member Chappell's motion to add an additional $3.00 per pay period for employees who choose the HMO plan and Council Members Chappell and Woods accepted the amendment to the motion. Council Member Matson advised the City Council he has been advised to include in his statement that he made at the beginning of the discussion of Mayor and Council Communication No. C-12956 that hi s f rm performed work for Hugul ey Hospi tal two years ago, but that he has no connection with Huguley Hospital at this time. City Attorney Adkins advised Council that Council Member Matson would not be legally bounded to not vote on this matter. When the motion, that Mayor and Council Communication No. C-12956 be adopted, as adopted as amended by inclusion of the following language: (1) Upon the effective date of the new plan all new employees shall be covered solely by the HMO plan; (2) The adoption of the plan is conditional upon Harris permitting all accredited hospitals and doctors under appropriate objective criteria, to participate upon the same terms as those hospitals in the Harris system, with express understanding that Harris will use its best efforts to facilitate entry of Fort Worth Osteopathic, Huguley and Medical Plaza hospitals within 30 days and the City retaining the right to cancel this agreement is such best efforts are not utilized; (3) It is the intention of this City to restrict employee participation within the service area to the HMO in Fiscal Year 1992-1993 or to place all additional cost for participation in the so called indemnity plan solely on the employee; (4) Staff submit contract for Council approval; and (5) That each employee pay an additional $3.00 per day period above staff's original recommendation. was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Silcox, Matson, Woods, and Chappell NOES: Mayor Pro tempore Webber and Council Members McCray and Puente ABSENT: None NOT VOTING: Council Member Meadows Mr. Pedro Herrera Mr. Pedro Herrera, 3324 North Pecan, appeared before the City Council regarding re false police alleged false police reports against himself and his family members. reports Mr. Herrera was referred to Deputy Chief Sam Hill for investigation of this matter. M&C C-12967 re contract with There was presented Mayor and Council Communication No. C-12967 from the City Manager U.S. Homes Corp. submitting a proposed contract for the installation of community facilities to serve Huntington Village Phase III -C; describing proposed cost; and recommending that the City Council authorize the City.:Manager to execute a Community .Facilities Agreement with the developer, U.S. Homes Corporation, for the installation of community facilities for Huntington Village Phase III -C and authorize the City Manager to reimburse U.S. Homes Corporation for the City's share of the cost of street improvements upon satisfactory completion of the same. It was the consensus of the City Council that the recommendations be adopted. M&C C-12968 re There was presented Mayor and Council Communication No. C-12968 from the City Manager street paving im- submitting a tabulation of bids received for street paving improvements of East Seminary provements of East Drive from Berke Road to 108 feet east of Carter Park Lanes and submitting a tabulation of Seminary Drive bids received for the replacement of water lines in East Seminary Drive; and recommending from Berke Road to that the City Council: 108 feet east of Carter Park Lanes 1. Approve a $125,063.00 fund transfer from the Water and Sewer Operating Fund to the Water Capital Projects Fund, and 2. Approve a $80,875.81 fund transfer from the Special Assessments Fund'to the Street Improvements Capital Projects Fund, and Minutes of City Council S-3 Page 190 Tuesday, July 23, 1991 M&C C-12956 cont. 3. Approve a $233,720.03 bond fund transfer from the Inner -City Streets Unspecified Project to the E. Seminary Street Project in the Street Improvements Capital Projects Fund, and 4. Authorize the City Manager to execute a contract with J. L. Bertram Construction and Engineering, Inc., in the amount of $299,615.09 with 45 working days for street paving improvements to East Seminary Drive from Berke Road to 108 feet east of Carter Park Lane, and 5. Authorize the City Manager to execute a contract with Circle "C" Construction in the amount of $111,900.50 for the replacement of water lines in East Seminary Drive. M&C C-12956 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12969 re amendment with There was presented Mayor and Council Communication No. C-12969 from the City Manager Albert Halff stating that the City Council authorized the execution of an engineering agreement with Associates, Inc. Albert Halff Associates and Dunaway Associates/Joint Venture on November 21, 1989, by Mayor and Dunaway A ss o- and Council Communication No. C-11998 for engineering services relating to the 48 -inch and ciates/Joint Ven- the 36 -inch pipeline from the Eagle Mountain Water Treatment Plant to U.S. Highway 287, tore (Northside II Transmission Main, Phase I); that, to assure a competitive bid environment, an alternate pipe material specification was developed for bidding purposes; that the existing soil condition along the proposed route was evaluated by a corrosion consultant to design the proper cathodic protection system, to allow monitoring of future pipe corrosion; stating that the Director of Fiscal Services certifies that funds required for the agreement are available in the current capital budget, as appropriated, of the Water Capital Improvement Fund; and recommending that the City Council authorize a bond fund transfer in the amount of $11,000.00 from Unspecified project to Northside II Transmission Main, Phase I, in the Water Capital Improvement Fund, and authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 17578 with Albert Halff Associates, Inc. and Dunaway Associates/Joint Venture for engineering services relating to the Northside II Water Transmission Main, Phase I, increasing the total maximum fee by $10,000.00 from $437,400.00 to $447,400.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-12970 re There was presented Mayor and Council Communication No. C-12970 from the City Manager contract with submitting a tabulation of bids received for Concrete Restoration (91-1) at Various Centerline Con- Locations; and recommending that the City Manager be authorized to execute a contract with structors, Inc. Centerline Constructors, Inc., in the amount of $399,913.00, and 73 working days for Concrete Restoration (91-1) at Various Locations and a fund transfer in the amount of $419,908.65 be authorized from the Program Unspecified Account to Concrete Restoration 91-1 Project in the Contract Street Maintenance Fund. It was the consensus of the City Council that the recommendations be adopted. o ning Hearing It appearing the City Council that on July 9, 1991, the City Council continued the -91-0023 denied hearing in connection with the application 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, from day to day and from time to time and especially to the meeting of July 23, 1991, to give every interested person or citizen opportunity to be heard, Mayor Granger asked if there was anyone present desiring to be heard. r. Raymond Arm- Mr. Raymond Armstrong, 1828 Tremont, appeared before the City Council and expressed trong re opposition to the application of F.M. Fillingim, Jr., for a change in zoning of property -91-0023 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 also spoke on behalf of Ms. Gayle Mendoza expressing opposition to the change in zoning. There being no one else present desiring to be heard, Council Member Meadows made a motion, seconded by Mayor Pro tempore Webber, that the hearing be closed and that the application 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, be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. et in closed or It was the consensus of the City Council that the City Council meet in closed xecutive session or executive session to seek the advise of its attorneys concerning Environmental code enforcement procedures which are exempt from public disclosure by Rule 1.05, Texas Disciplinary Rules of Professional Conduct (Art X, Section 9, State Bar Rules) as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. econvened The City Council reconvened into regular session. djourned There being no further business, the meeting was adjourned. CITY SECRETARY Minutes of City Council S-3 Page 191 MAWR