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HomeMy WebLinkAbout1991/07/30-Minutes-City Council�9"ysl s� r.rr CITY COUNCIL MEETING JULY 30, 1991 On the 30th day of July, A.D., 1991, the City Council of the City of Fort Worth, ouncil Met kexas, met in regular session, with the following members and officers present, to -wit: embers Present Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, William Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Liz Lamberth, Tarrant Area Community of nvocati on Churches. ledge of The Pledge of Allegiance was recited. llegiance inutes of July 23, On motion of Council Member Meadows, seconded by Mayor Pro tempore Webber, the minutes 991 approved of the meeting of July 23, 1991, were approved. e rtifica to to Mr. 111ifeChief Larry McMillen presented a certificate to Mr. Corey Summerhill for saving the orey Summerhill of his cousin. ithdrew M& C Nos. 11,. Council Member Meadows requested that Mayor and Council Communication Nos. G-9235 and -9235 and C-12986 C-12986 be withdrawn from the consent agenda. ithdrew M&C P-5108Council Member McCray requested that Mayor and Council Communication No. P-5108 be withdrawn from the consent agenda. ithdrew M&C No. Council Member Chappell requested that Mayor and Council Communication No. G-9236 be -9236 withdrawn from the consent agenda. ithdrew M&C C-1298 City Manager Ivory requested that Mayor and Council Communication No. C-12983 be withdrawn from the consent agenda. o nse n t agenda On motion of Council Member Chappell, seconded by Council Member McCray, the consent pproved lagenda, as amended, was approved. esolution - City Manager Ivory advised the City Council that the resolution in support of locating cDonnell Douglas the McDonnell Douglas Corporation Manufacturing facility at Alliance Airport needs to be o rpo ra tio n Manu- acted upon today in order to make a presentation on August 1, 1991, and advised the City acturing Council that there is no financial binding on the part of the City of Fort Worth in the passage of this resolution. Council Member Silcox made a motion, seconded by Council Member Meadows, that the resolution in support of locating the McDonnell Douglas Corporation Manufacturing facility at Alliance Airport be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. n trod uc ed a Council Member Silcox introduced a resolution and made a motion that it be adopted. e solu tio n The motion was seconded by Council Member Meadows. 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: esol uti on No. RESOLUTION NO. 1745 745 WHEREAS, the McDonnell Douglas Corporation is evaluating potential sites for the location of a manufacturing facility for its next -generation commercial airplane, the MO -12X, which facility will involve an estimated capital investment of $1.4 billion for facilities and equipment and will generate 8,600 new jobs; WHEREAS, since 1987 the City of Fort Worth, Texas, in partnership with other public and private sector participants, has applied its resources and energy with a vision to develop Alliance Airport as a state of the art, industrial airport that would serve as a catalyst for economic development and for the creation of new jobs; WHEREAS, the Proposed Facility represents the type of jobs and investment in the Alliance Airport area that the City envisioned; Minutes of City Council S-3 Page 192 Tuesday, July 30, 1991 WHEREAS, in contemplation of the type of development represented by the Resolution No. Proposed Facility, the City has exercised its regulatory powers to construct or 1745 cont. cause to be constructed an extensive network or water, sewer, and transportation infrastructure, as well as, police and fire protection; WHEREAS, in contemplation of the type of development represented by the Proposed Facility, the City has exercised its regulatory powers to adopt land use regulations that encourage commercial and industrial development consistent with the City's vision for Alliance Airport; WHEREAS, in contemplation of the type of development represented by the Proposed Facility, the City has created enterprise zones and reinvestment zones to offer incentives to qualifying businesses; WHEREAS, in contemplation of the type of development represented by the Proposed Facility, the City has supported the need to have Alliance Airport designated as a "user fee" airport; WHEREAS, the City has a highly technical and qualified labor force that has, throughout the years, enabled the City and its employers to successfully compete worldwide in the aviation industry; WHEREAS, the City has demonstrated its willingness and ability to compete with other cities and states nationwide to attract new businesses, and the citizens of Fort Worth have demonstrated a "can do" spirit and attitude with respect to attracting new businesses; WHEREAS, the City has demonstrated its willingness and ability to adjust its vision for Alliance Airport to accommodate the marketplace and the specific needs of prospective users and to explore innovative techniques to meet the needs of such users; WHEREAS, the efforts of the City and other public and private sector participants that have been involved in the development of Alliance Airport have been nationally recognized by President George Bush and Secretary of Transportation Samuel Skinner as a model "public-private partnership"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT the City of Fort Worth, Texas, extends to McDonnell Douglas an invitation to locate the proposed MD -12X manufacturing facility at Fort Worth Alliance Airport; BE IT FURTHER RESOLVED THAT, in support of its invitation, the City of Fort Worth, Texas, is willing to extend its best efforts to accommodate the needs of McDonnell Douglas in a manner that will contribute to the further realization of the City's vision for Fort Worth Alliance Airport, for future economic growth and development and for the creation of new jobs for Fort Worth. Recessed into executive session It was the consensus of the City Council that the City Council recess into executive session to seek the advice of its attorneys concerning pending litigation or other matters which were exempt from public disclosure by Rule 1.05, Texas Disciplinary Rule of Professional Conduct (Article X, Section 9, State Bar Rules), to wit: Proposed ordinance establishing moratorium on issuance, extension, or renewal of special exceptions, building permits, or certificates of occupancy for new or existing sand and gravel pits pending consideration of recommendations from the Zoning Commission. Reconvened into The City Council reconvened into regular session with all members present, at which regular session 11 the following business was transacted: Ordinance - Council Member Matson made a motion that an ordinance be adopted directing the Zoning Zoning Commission Commission to recommend amendments to regulations for sand and gravel pits and prohibiting regulations for the issuance, extension, or renewal of special exceptions, building permits, or certificates sand and gravel of occupancy for new or existing sand and gravel pits pending consideration of such pits I recommendations. Mayor Granger Mayor Granger announced that the motion made by Council Member Matson died for a lack announced motion and motion died of a second. for a lack of a second Council Member McCray made a motion, seconded by Council Member Meadows, that the Council Member proposed ordinance directing the Zoning Commission to recommend amendments to regulations McCray re sand for sand and gravel pits and prohibiting the issuance, extension, or renewal of special and gravel pits exceptions, building permits, or certificates of occupancy for new or existing sand and gravel pits pending consideration of such recommendations be denied. Mayor Granger re Mayor Granger announced that, since the motion to approve the ordinance directing the sand and gravel Zoning Commission to recommend amendments to regulations for sand and gravel pits and pits prohibiting the issuance, extension, or renewal of special exceptions, building permits, or certificates of occupancy for new or existing sand and gravel pits pending consideration of Minutes of City Council S-3 Page 193 "I Tuesday, July 30, 1991 ayor Granger's such recommendations died for lack of a second, the item before the City Council died and to teme nt cont. there is no need for a motion and a second and there is nothing before the City Council to adopt. r. Mike Braun re Mr. Mike Braun, 8848 Pedernales, President of the River Trail Home Owners Association, and and gravel appeared before the City Council and expressed support for the adoption of an ordinance its ordinance directing the Zoning Commission to recommend amendments to regulations for sand and gravel pits and prohibiting the issuance, extension, or renewal of special exceptions, building permits, or certificates of occupancy for new or existing sand and gravel pits pending consideration for such recommendations. ity Attorney Wade City Attorney Wade Adkins advised those in attendance that the concern of the staff dkins re sand and and the City Council was a legal concern about whether a moratorium is the proper legal ravel pit opera- procedure for trying to deal with the conditions that exist in the vicinity of the River ions Trail residential neighborhood and the feeling of the staff that it could not be handled through a moratorium without liability being placed on the City of Fort Worth and that the staff's feeling is that the Zoning Board of Adjustment has the legal power under the existing ordinance to impose any and all conditions that are reasonable and necessary to protect the development in the vicinity of the River Trail neighborhood and that that is the proper and legal form the concerns that have been expressed to the City Council to be addressed and that the powers of the Zoning Board of Adjustment are sufficient to address the issues that the citizens of River Trail are concerned about and urged the residents to address this issue before the Zoning Board of Adjustment and stated that the staff will work with the Zoning Board of Adjustment to make sure that adequate protections are built into whatever provisions the Board of Adjustment decides needs to be complied with in order to assure that the sand and gravel pit development in the River Trail area is not left in a condition that is inappropriate for the continued development of the neighborhood and the vicinity or that are not financial assurances to protect the development and to make sure that there is reclamation of that sand and gravel mining operation and that conditions are met to mitigate the problems that may occur to the neighborhood while that development is going on. r. Brent Dickey,rii Messrs. Brent Dickey, 3320 McLean Street; Mark B. Ingersoll, 8809 Tyne Trail; Roger r. Mark B. Inger- Ponce, 2849 Salado Trail; and William N. Clarke, 8641 Mystic Trail; and Mrs. Martha J. oll, Mr. Roger Ponce, 2849 Salado Trial, appeared before the City Council and expressed support for the once, and Mr. ordinance directing the Zoning Commission to recommend amendments to regulations of sand and illMartha N. Clarke, ill Martha l Pon- gravel pits and prohibiting the issuance, extension, or renewal of special exceptions, e re sand and gra- rs. building permits, or certificates of occupancy for new or existing sand and gravel pits el pits ordinance pending consideration of such recommendation. ayor Granger re ' Mayor Granger advised City Council of correspondence received from Mr. Donald W. orrespondence from Jackson, President of the Board of the Greater Fort Worth Civil Liberties Union, requesting r. Donald W. the delay of adoption of a curfew ordinance for the City of Fort Worth pending a decision ack son re curfew by Judge Buckmeyer and an injunction suit which the Dallas Chapter of the American Civil rdinance Liberties Union filed regarding the Dallas curfew ordinance. Council Member Meadows made a motion, seconded by Mayor Pro tempore Webber, that the proposed adoption of ordinance to establish a curfew for children during nocturnal hours; to provide certain regulations concerning of use of streets during nocturnal hours, and to provide for related matters such as affirmative defenses and parental responsibilities; providing for penalty; and providing an effective date, be tabled. 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 Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: Council Member Puente ABSENT: None Council Member Council Member Silcox made a motion, seconded by Mayor Pro tempore Webber, that the Silcox re State proposed resolution concerning Consolidation of State Department of Highways and Department of Transportation Districts be approved, as amended, by changing the last paragraph Highways and p pp g g para rah of the Transportation resolution to read "That the City Council of the City of Fort Worth unequivocally opposes Districts the combination of the State Department of Highways and Public Transportation Districts 2 and 18 due to the potential adverse effects on the City of Fort Worth relating to the City of Fort Worth's ability to provide input concerning the way in which the State Department of Highways and Public Transportation funds are allocated and spent; and the potential adverse effect on the proportion of funds allocated to the City of Fort Worth and Tarrant County". When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Silcox introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Mayor Pro tempore Webber. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council S-3 Page 194 Tuesday, July 30, 1991 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.II RESOLUTION NO. 1746 1746 CONCERNING CONSOLIDATION OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DISTRICTS WHEREAS, the Texas State Legislature is considering the consolidation of the State Department of Highways and Public Transportation Districts to save money; and WHEREAS, the consolidation of District 2 in Fort Worth with District 18 in Dallas may have an adverse effect on the City of Fort Worth; and WHEREAS, District 2 headquarters is currently located on McCart Street in south Fort Worth and District 18 headquarters is located at the intersection of I.H. 20 and I.H. 30 east of East Loop 12 in Dallas; and WHEREAS the allocation of scarce state highway dollars is of great concern to the City of Fort Worth; and WHEREAS, the state has allocated funds to the various districts in a generally fair manner; and WHEREAS, the City of Fort Worth has had significant input into how District 2 funds are spent; and WHEREAS, if Districts 2 and 18 are combined, our input will likely be diminished; and WHEREAS, a disproportionate share of the funds could end up in Dallas; 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 unequivocally opposes the combination of the State Department of Highways and Public Transportation Districts 2 and 18 due to the potential adverse effects on the City of Fort Worth relating to the City of Fort Worth's ability to provide input concerning the way in which the State Department of Highways and Public Transportation funds are allocated and spent; and the potential adverse effect on the proportion of funds allocated to the City of Fort Worth and Tarrant County. MC ACPM No. 19 Council Member Chappell made a motion, seconded by Council Member Meadows, that cont. f o r one week consideration of the appointment for Municipal Judge Pro tempore, Ingrid Stromberg (Municipal Court Advisory Committee Police Memorandum No. 19) be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Barbara Williams Ms. Barbara Williams, 1306 Illinois, representing her sister, Mrs. Mary Johnson, re du rg problem appeared before the City Council regarding the alleged sale of drugs from condemned houses in her area and requested the assistance of the City Council in eliminating this problem and requested that a police substation be placed in the area. Mayor Granger advised Ms. Williams that the Police Department personnel have made note of the addresses and will investigate the matter. M&C OCS-314 re There was presented Mayor and Council Communication No. OCS-314 from the Office of the Liability Bonds City Secretary recommending that the City Council authorize acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BOND C&L Construction INSURANCE COMPANY Employers Mutual Casualty Co. Lemeke Concrete Constr. Co. Ohio Casualty Insurance Co. Centex Real Estate Corp. National Surety Corp. dba Fox & Jacobs Sam Shugart dba Reb Concrete Western Surety Company M&C OCS-314 adopted It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 195 -g 041 i .J 0 Tuesday, July 30, 1991 M&C OCS-315 re There was presented Mayor and Council Communication No. OCS-315 from the Office of the Claims City Secretary recommending that notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: Hillard Auto Park 1. Claimant: Hillard Auto Park (J. W. Brooks) W.W. Brooks) Date Received: July 19, 1991 Date of Incident: November, 1990 Location of Incident: 5000 Bryant Irvin Road Estimate of Damages/ Injuries: $34,371.00 - $35,516.00 Nature of Incident: Claimant alleges damages as result of malfunctioning water valve. 2. Claimant: Judy Bardis Judy Bardi s Date Received: July 19, 1991 Date of Incident: June 13, 1991 Location of Incident: 3815 South Hills Circle Estimate of Damages/ Injuries: $64.50 Nature of Incident: Claimant alleges damages as result of sewer backup. Joe Proa 3. Claimant: Joe Proa Date Received: July 19, 1991 Date of Incident: April 23, 1991 Attorney: Daniel G. Garcia Location of Incident: Trail Drivers Park/Softball Field Estimate of Damages/ Injuries: $26,000.00 Nature of Incident: Claimant alleges injuries sustained as result of alleged improper maintenance of park. ule n Place 4. Claimant: Hulen Place Apartments (Pamela J. Smith) partments (Pamela Date Received: July 19, 1991 Smith) Date of Incident: March 2, 1990 - April 11, 1991 Location of Incident: 4212 Hulen Place Estimate of Damages/ Injuries: $2,749.00 - $3,484.19 Nature of Incident: Claimant alleges damages as result of alleged error in water bill. avid B. Lucas 5. Claimant: David B. Lucas Date Received: July 19, 1991 Date of Incident: June 18, 1991 Location of Incident: South of Everman Jr. High on Oak Grove Road Estimate of Damages/ Injuries: $1,540.00 - $1,650.00 Nature of Incident: Claimant alleges damages as result of road conditions. remain A. Webster 6. Claimant: Tremain A. Webster Date Received: July 23, 1991 Date of Incident: June 3, 1991 Attorney: Sandra L. Jensen, CLA Location of Incident: City of Fort Worth Zoo Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as result of actions of City employee on City -owned property. endy K. Hanrahan 7. Claimant: Wendy K. Hanrahan Date Received: July 23, 1991 Date of Incident: July 5, 1991 Attorney: Michael E. Frederick Location of Incident: 6250 Lake Worth Boulevard Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges unspecified damages and/or injuries sustained as result of accident involving City -owned vehicle. one Star Gas 8. Claimant: Lone Star Gas Company (Jim Horn) ompany (Jim Horn) Date Received: July 24, 1991 Date of Incident: April 25, 1991 Location of Incident: 2924 Wilkinson Estimate of Damages/ Injuries: $403.69 Nature of Incident: Claimant alleges damages to 1-1/4" steel gas 1 service. Minutes of City Council S-3 Page 196 t j � Tuesday, July 30, 1991 Wanda H. Barnett, I 9. Claimant: Wanda H. Barnett, as personal representative estate of Michael of the estate of Michael S. Barnett, deceased S. Barnett, deceas d Date Received: July 24, 1991 Date of Incident: March 21 1991 Attorney: Gerald F. Smith Location of Incident: Fort Worth Water Gardens Estimate of Damages/ Injuries: $3,000,000.00 Nature of Incident: Claimant alleges damages sustained as result of death of Michael S. Barnett in Water Gardens. Norma J. Adams 10. Claimant: Norma J. Adams Date Received: June 24, 1991 Date of Incident: July 26, 1991 Location of Incident: 1100 West Jefferson Estimate of Damages/ Injuries: $40.00 Nature of Incident: Claimant alleges damages sustained as result of Animal Control Officers opening door of Claimant's residence and removing puppies. Betty B. Card 11. Claimant: Betty B. Card Date Received: July 24, 1991 Date of Incident: June 28, 1991 Location of Incident: 3705 Wedgway Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to property -as result of actions of Sanitation Department workers. 12. Claimant: Silvia Weger Silvia Weger Date Received: July 24, 1991 Date of Incident: July 12, 1991 Attorney: Mark S. Stewart Location of Incident: 7601 Scott Street, Cinema V Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries sustained as result of stopping on alleged loose manhole cover. 13. Claimant: Geneva Dawson Dears Geneva Dawson Dear Date Received: July 24, 1991 Date of Incident: June 22, 1991 Location of Incident: 2116 Bethune Estimate of Damages/ Injuries: $1,551.51 Nature of Incident: Claimant alleges damages sustained as result of police vehicle colliding with fence and damaging lawn and trees. 14. Claimant: Betty Aline Mitchell Betty Aline Date Received: June 24, 1991 Mitchell Date of Incident: May 17, 1991 Location of Incident: 521 Blevins Estimate of Damages/ Injuries: $1,284.31 - $3,634.31 Nature of Incident: Claimant alleges injuries sustained as result of stepping into a hole created by Water Department. M&C OCS-315 adopteIt was the consensus of the City Council that the recommendation be adopted. M&C, G-9212 re There was presented Mayor and Council Communication No. G-9212, dated July 9, 1991, D/FW RAILTRAN from the City Manager stating that the RAILTRAN Policy Committee approved the RAILTRAN System 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 made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9212 be approved with the understanding of what was discussed in Pre -Council earlier that these contracts that are implied and the actions that are contemplated be brought to the City Council in advance so that the City Council will have Minutes of City Council S-3 Page 197 Tuesday, July 30, 1991 M&C G-9212 cont.II a sufficient amount of time to approve them and have input. When the motion was put to a and adopted vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. G-9234 from the City Manager M&C G-9234 re stating that, in Cause No. 48-129961-90, in the 48th District Court, City Center Development overpaid assess- Co. appealed the 1990 assessed valuations set by the Tarrant Appraisal District for m en is Accounts 04411420 and 04411439; that an agreed judgement which reduced the assessed valuation for the two accounts was entered in the suit on April 9, 1991; and recommending that the City Council adopt an ordinance which amends the FY 1990-91 assessment roll for Fort Worth Improvement District No. 1, and authorize the Finance Department to refund $1,425.01 in overpaid assessments on Account 04411420 and $3,153.24 in overpaid assessments on Account 04411439. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. II ORDINANCE NO. 10882 10882 AN ORDINANCE AMENDING THE 1990-91 ASSESSMENT ROLL AND ASSESSMENT ORDINANCE FOR FORT WORTH IMPROVEMENT DISTRICT NO. 1; REDUCING THE ASSESSMENT AGAINST CERTAIN PARCELS OF PROPERTY OF CITY CENTER DEVELOPMENT COMPANY; AUTHORIZING A REFUND OF OVERPAID ASSESSMENTS; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; 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 G-9235 re There was presented Mayor and Council Communication No. G-9235 from the City Manager gift from Streams stating that Streams and Valley Incorporated has requested the Police Department to provide and Valley Incorp. additional patrol activities by the department in and around the Fort Worth Water Gardens and Heritage Park for enhanced safety and protection of citizens; that Streams and Valley Incorporated has donated $25,000.00 to pay for this additional overtime by the department, which will be accomplished by Bicycle Patrol and Foot Patrol officers; stating that the Director of Fiscal Services certifies that, upon adoption of the Supplemental Appropriations Ordinance, funds required for this expenditure will be available in the Police Gift Fund - Designated; and recommending that the City Council accept the gift of $25,000.00 from Streams and Valley Incorporated for use by the Police Department to increase bicycle and foot patrol in the Water Gardens and Heritage Park areas and adopt a Supplemental Appropriations Ordinance increasing estimated receipts and appropriations in the Police Gift Fund by $25,000.00. Council Member Meadows advised City Council that, since he serves on the Board of Directors of the Streams and Valleys Committee, he is disqualified from voting on Mayor and Council Communication No. G-9235. Council Member Matson made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. G-9235, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows Introduced an Council Member Matson introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The moti on, ' carryi ng with it the adoption i1of said ordinance, prevailed by the following vote: Minutes of City Council S-3 Page 198 Itv , Tuesday, July 30, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10883 10883 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE POLICE GIFT FUND IN THE AMOUNT OF $25,000.00 FOR THE PURPOSE OF INCREASING BICYCLE AND FOOT PATROL IN THE WATER GARDENS AND HERITAGE PARK AREAS; 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, G-9236 re There was presented Mayor and Council Communication No. G-9236 from the City Manager positions in the recommending that an ordinance be adopted specifying the authorized positions in the Police Police Department Department and increasing the Police Department's authorized strength by adding one Police Officer position. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9236 involving a professional relationship with the Fort Worth Independent School District. Council Member Meadows made a motion, seconded by Council Member McCray, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-9236. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-9236 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell The ordinance, as adopted, is as follows: Minutes of City Council S-3 Page 199 Tuesday, July 30, 1991 Ordinance No. II ORDINANCE NO. 10884 10884 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS; CREATING ONE ADDITIONAL POLICE OFFICER POSITION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; 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 its passage, and it is so ordained. &C G-9237 re There was presented Mayor and Council Communication No. G-9237 from the City Manager rant application stating that the Park and Recreation Department is preparing a grant application to the or Park and Re- Texas Parks and Wildlife Department to obtain matching funds for the acquisition and reation Departmen development of a neighborhood park in the Woodhaven/White Lake Hills area; that the area of approximately 12,000 people in population currently has no available park land for public use and enjoyment; that, in order to rectify this situation, the Park and Recreation Department will apply for funds through the Texas Local Parks, Recreation and Open Space Fund Act; that the grants-in-aid to political subdivisions may not exceed 50 percent of the project cost; that the Texas Parks and Wildlife Department is the administrator of the program; that the City has $161,131.00 in bond funds earmarked for this project; that the Bond Fund Transfer of $50,000.00 will complete the City's portion of the grant, and provide additional funds for administrative costs; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current capital budget, as appropriated, of the Park and Recreation Capital Improvement Funds GC36, GC23, and GC16; and recommending that the City Council approve the submission of a grant request in the amount of $211,131.00 for matching funds to the Texas Parks and Wildlife Department for Woodhaven/White Lake Hills Park; adopt a resolution authorizing the City Manager to sign the grant application and act as the City's representative in all matters relative to the subject and authorize the City Manager to execute a $50,000.00 Bond Fund Transfer from the Developing Areas Project to the Meadowbrook Park Project in the Park and Recreation Capital Projects Fund. It was the consensus of the City Council that the recommendations be adopted. ntroduced a esolution Council Member Chappell introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. 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: esol uti on No. �I RESOLUTION NO. 1747 747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF FORT WORTH DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LOCAL PARK FUND ACT OF 1979; CERTIFYING THAT THE CITY OF FORT WORTH IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the TEXAS LEGISLATURE has passed the Texas Local Parks, Recreation and Open Space Fund Act (H.B. 233) authorizing financial assistance to political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the City of Fort Worth is eligible to receive assistance under this program; and WHEREAS, the City Council of the City of Fort Worth is desirous of authorizing its administrative staff to represent and act for the City in dealing with the Texas Parks and Wildlife Department concerning this program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Minutes of City Council S-3 Page 200 Tuesday, July 30, 1991 Resolution No. Section 1. That the City Council of the City of Fort Worth hereby 1747 cont. certifies that the City of Fort Worth is eligible to receive assistance under H. B. 233. Section 2. That the City Council hereby authorizes and directs its City Manager to represent and act for the City of Fort Worth dealing with the Texas Parks and Wildlife Department for the purpose of this program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3. The City Council hereby designates its Director of Fiscal Services as the official authorized to serve as the City's fiscal officer to receive state funds for purposes of this program and its Park and Recreation Director as the individual having day-to-day responsibility for direction of this project. Section 4. The City Council hereby specifically authorizes the City official herein designed to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Woodhaven/White Lake Hills Park for use as a park site. That Woodhaven/White Lake Hills Park is hereby dedicated for public outdoor recreation purposes. M&C, G-9238 re There was presented Mayor and Council Communication No. G-9238 from the City Manager appointed Mr. Tom Crew to the recommending that the City Council approve, confirm, and ratify its appointment of Mr. Tom Electrical Board Crew to Place 2 on the Electrical Board of Appeals, replacing Mr. R. L. Monger, for a term of Appeals of office expiring October 1, 1992. It was the consensus of the City Council that the recommendation be adopted. M & C G-9239 re There was presented Mayor and Council Communication No. G-9239 from the City Manager settlement of the stating that the plaintiff, Ms. Rhonda Upshaw, allegedly was traveling eastbound on I-30 on lawsuit styled or about August 28, 1989, in the lane to the right of a City tow truck pulling a City Rhonda Upshaw garbage truck when the tow truck allegedly pulled into the Plaintiff's lane forcing her off the road and subsequently to hit a light pole; that the Plaintiff filed suit against the City and its driver; that a $17,000.00 settlement of all unsettled claims has been negotiated subject to City Council and Court approval; that, as part of the settlement, the City will not be admitting any liability but would pay the above-mentioned $17,000.00 plus all taxable court costs; that the Director of Fiscal Services certifies that the funds required for this settlement are available in the current operating budget of the Insurance Fund; and recommending that the City Council approve the described settlement of the lawsuit styled Rhonda Upshaw vs City of Fort Worth and Robert McKnight, Cause No. 48-127880-90; authorize the expenditure of $17,000.00 and taxable court costs in order to complete the settlement; and authorize the appropriate City personnel to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. M&C, G-9240 re There was presented Mayor and Council Communication No. G-9240 from the City Manager donations accepted stating that donations were accepted by the Fort Worth Commission on the Status of Women and by the Fort Worth will be used to cover expenses incurred for the reception honoring Outstanding Women of Fort Commission on the Worth held in March 1991 and the Rape Awareness educational campaign which was conducted in Status of Women April 1991; that $1,200.00 was donated to the Outstanding Women program and $4,350.00 in donations were made to the Commission for the Rape Awareness campaign; and recommending that the City Manager be authorized to receive funds in the amount of $5,550.00 designated as donations to the Fort Worth Commission on the Status of Women. It was the consensus of the City Council that the recommendation be adopted. M&C G-9241 re There was presented Mayor and Council Communication No. G-9241 from the City Manager, amendment to City as follows: Plan Commission Rules and Regula- SUBJECT: AMENDMENT TO CITY PLAN COMMISSION RULES AND REGULATIONS tions RECOMMENDATION: It is recommended that the City Council approve an amendment to the City Plan Commission Rules and Regulations to include a new Section VI for the purpose of administering "Large Lot Developments" and to revise the current Section VI, "Waivers, Amendments and Miscellaneous", to become Section VII. DISCUSSION - In recent years the City of Fort Worth has experienced a significant increase in the type and character of development occurring throughout the corporate limits of the City. Changing development patterns and economic conditions have resulted in residential development falling into broad categories or types. The first is the traditional urban type for which City subdivision regulations have been designed. The second is the rural type which is characterized by extremely large lots primarily developed for single family residential usage. The existing subdivision regulations of the City of Fort Worth coupled with the public works improvement standards published by the Department of Transportation and Public Works and the water and wastewater extension policy including the Water Department design criteria contain adequate description and explanation Minutes of City Council S-3 Page 201 Tuesday, July 30, 1991 &C G-9241 cont. of the development standards applicable to urban type subdivisions. The purpose of this section is to define the level of standards and development requirements applicable to rural type developments which will result in reducing future development costs to the City of Fort Worth. The proposed amendment to the City Plan Commission Rules and Regulations was reviewed by the development industry and have raised no objection to this amendment. On February 27, 1991, the City Plan Commission held the first public hearing. Subsequent hearings were held on March 27th and April 24, 1991, when it was adopted by the Plan Commission and approval recommended to the City Council. &C G-9241 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9241, be adopted. &C, G-9242 re There was presented Mayor and Council Communication No. G-9242 stating that the undorary Labor Temporary Labor Fund was established October 1, 1987, as a means of providing low cost, temporary clerical/administrative support to City departments; that the intent was to provide this service in-house, rather than contracting with an outside agency as was done in the past, and at a reduced cost; that this amount also will satisfy the federal requirement of a 7.65 percent deduction for social security for all temporary employees effective July 1, 1991; stating that the Director of Fiscal Services certifies that, upon adoption of the Supplemental Appropriation Ordinance, funds required for this expenditure will be available in the operating budget of the Temporary Labor Fund; and recommending that the City Council adopt a supplemental appropriations ordinance increasing estimated receipts in the Temporary Labor Fund by $300,000.00 and increasing appropriations -in the Temporary Labor Fund by the same amount from increased revenues, and authorize the $300,000.00 to be used to provide Temporary Labor services to various City departments. On motion of Council Member Puente, seconded by Council Member Woods, the recommendations were adopted. n trod uc ed an Council Member Puente introduced an ordinance and made a motion that it be adopted. rdin ance The motion was seconded by Council Member Woods. 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. ORDINANCE NO. 10885 0885 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS RESULTING FROM CHARGES BY VARIOUS CITY DEPARTMENTS FOR TEMPORARY CLERICAL SERVICES IN THE TEMPORARY LABOR FUND OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $300,000.00 FOR THE PURPOSE OF PROVIDING TEMPORARY LABOR SERVICES TO THE VARIOUS CITY DEPARTMENTS; 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. &C G09243 re There was presented Mayor and Council Communication No. G-9243 from the City Manager ax Abatement stating that included in the July 23 City Council packet was an informal report concerning one No. 7 a tax abatement application from the Williamson -Dickie Company; that the I.R. will be discussed during the July 30 Pre -Council session; that, before a tax abatement agreement can be approved, a reinvestment zone must be established; that the proposed reinvestment zone is a site just north of the Currency Plant in north Fort Worth; that State law requires that public notice of the hearing must be given in the newspaper not later than the seventh day before the hearing date and delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone; and recommending that the City Council set Tuesday, August 20, 1991, at 10:00 a.m. as the date and time for a public hearing before City Council concerning the following matters the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone No. Seven for commercial/industrial tax abatement, and the boundaries of such zone, and direct the City Secretary to give notice of the public hearing in accordance with state law. On motion of Council Member Meadows, seconded by Council Member Silcox, the recommendations were adopted. Minutes of City Council S-3 Page 202 '"(4 06-,._, Tuesday, July 30, 1991 M&C. G-9244 re There was presented Mayor and Council Communication No. G-9244 from the City Manager City of Fort stating that the City Council adopted Resolution No. 1538 on June 19, 1990, approving Worth Water and submission of an application to the Texas Water Development Board State Revolving Loan Fund Sewer System for $16,200,000.00; that, by receiving capital project financing through the Revolving Loan Revenue Bonds Fund, the City is able to finance applicable projects at interest rates significantly lower than those which would be obtained by the issuance of traditional water and sewer revenue bonds; that proceeds from these bonds will be used to finance improvements at the Village Creek Wastewater Treatment Plant designated as Phase IV -D-2, Second Phase of Computer System Replacement, Phase I Interceptor VC -1 and Phase I Interceptor WF -1 and CF -1; and recommending that the City Council adopt an ordinance approving and authorizing the giving of notice of intention to issue $16,200,000.00 City of Fort Worth Water and Sewer System Revenue Bonds, Series 1991, and declaring an urgent necessity to issue bonds as soon as possible. Mr. Judson Bailiff Mr. Judson Bailiff, Director of the Fiscal Services, appeared before the City Council re M&C G-9244 and advised the City Council that the City Council approved the sale of bonds in August 1989 and explained the procedures that were followed and advised City Council that this is the second phase of financing the improvements at Village Creek Wastewater Treatment Plant. Council Member Council Member Matson requested that staff develop a list and make it available to the Matson re M&C, City Council on various items that previous City Councils have committed financially to G-9244 doing, in order for the present City Council to be more informed. Council Member Meadows made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-9244, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10886 10886 BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE WATER AND SEWER SYSTEM SUBORDINATE LIEN BONDS; ORDAINING OTHER MATTERS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY WHEREAS, it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the publication of Notice of Intention to Issue Revenue Bonds to provide funds for the improvements described in the Notice referred to below is required as soon as possible and without delay; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Art. 6252-17, as amended. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby passed and approved. Section 2. That the City Secretary shall cause said notice to be published, in substantially the form attached hereto, in the Fort Worth Star - Telegram, a newspaper of general circulation in the City of Fort Worth, Texas, for two consecutive weeks, the date of the first publication to be before the fourteenth (14th) day before the date tentatively proposed for authorizing the issuance of the Revenue Bonds as shown in said notice. EXHIBIT A NOTICE OF INTENTION TO ISSUE REVENUE'BONDS NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Fort Worth, Texas, to issue the interest bearing revenue bonds of the City entitled "City of Fort Worth, Texas Water and Sewer System Subordinate Lien Revenue Bonds, Series 1991", for the purpose of providing funds for extensions and improvements to the City's wastewater treatment facilities. The City Council tentatively proposes to authorize the issuance of said revenue bonds at its regular meeting place in the City Hall at a regular meeting to commence at Minutes of City Council S-3 Page 203 Tuesday, July 30, 1991 Ordinance No. 10:00 o'clock a.m. on the 27th day of August, 1991. The maximum amount of 10886 cont. revenue bond indebtedness that may be authorized for such purpose is $16,200,000.00. The City Council presently proposes to provide for payment of such revenue bonds from surplus revenues of the City's Water and Sewer System. The proposed revenue bonds are to be sold to the Texas Water Development Board as part of its State Revolving Fund program to provide low-interest loans to political subdivisions to construct wastewater treatment facility improvements. M&C G-9245 re There was presented Mayor and Council Communication No. G-9245 from the City Manager improvements to stating that the 1986 Capital Improvement Program included funds for the improvement of Cantey Street from Cantey Street from Hemphill Street to St. Louis Avenue; that the street is in the Worth Hemphill Street to Heights Target Area and previously has been constructed to City standards; that Community St. Louis Avenue Development Block Grant funds will provide a portion of the construction cost; that the project is located in Council District 9; that the total estimated cost of the assessment paving is $141,537.30; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Cantey Street from Hemphill Street to St. Louis Avenue, and 2. Authorize the assessment of a portion of the cost of the improvements to Cantey 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 September 3, 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. M&C G-9245 adoptedII On motion of Council Member Chappell, seconded by Council Member McCray, the recommendations were adopted. M&C G-9246 re There was presented Mayor and Council Communication No. G-9246 from the City Manager improvements to stating that the 1986 Capital Improvement Program included funds for the improvement of Hale Hale Avenue from Avenue from Irion Street to Moore Street; that the street is in the Diamond Hill Target Area Irion Street to Moore Street and never 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 2; that the total estimated cost of the assessment paving is $98,560.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Hale Avenue from Irion Street to Moore Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Hale 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 September 3, 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. M&C G-9246 adopted11 On motion of Council Member McCray, seconded by Council Member Meadows, the recommendations were adopted. M&C P-5091 re There was presented Mayor and Council Communication No. P-5091 from the City Manager sale of vehicles recommending that the City Council confirm the sale of vehicles and miscellaneous surplus and miscellaneous equipment that were disposed of at public auction held on June 8, 1991, with gross proceeds totalling $428,157.50, and authorize payment with an amount of $22,311.80, based on a percentage formula, to Lone Star Auctioneers, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C P-5092 re There was presented Mayor and Council Communication No. P-5092 from the City Manager purchase agreement stating that the City Council authorized a purchase agreement with Metro Irrigation and with Metro Ir rig a- Supply on May 21, 1991, by Mayor and Council Communication No. P-4972 to provide all Toro tion Irrigation Equipment and parts for the City; that, after the purchase agreement was established, Toro Manufacturing Company refused to allow Metro Irrigation and Supply to distribute large turf irrigation equipment and parts; that Goldthwaites of Texas, Inc., is their sole distributor for these items in North Central Texas; that the Park and Recreation Department, Golf Division, uses mainly the large turf irrigation equipment and parts while the Park Operations Division and other City Departments use mainly the small/medium irrigation equipment; the Director of Fiscal Services certifies that the money required for the anticipated expenditures of each department eligible to participate in the agreement is available in the Treasury to the credit of the appropriate Funds; and recommending that City Council: Minutes of City Council S-3 Page 204 •1(Ir- IV e_1 0 Tuesday, July 30, 1991 MAC P-5092 cont. 1. Rescind the award authorized by M&C P-4972, dated May 21, 1991, for a purchase agreement with Metro Irrigation and Supply to provide Toro Irrigation parts, and 2. Authorize a one year, sole source, purchase agreement with Goldthwaites of Texas to provide large turf irrigation equipment and parts on their bid of list price less 40% discount for whole goods and list price less 15% discount for parts, f.o.b. Fort Worth, and 3. Authorize a one year purchase agreement with Metro Irrigation and Supply to provide small/medium turf irrigation equipment and parts and drip and micro spray irrigation products on the low bid of list price less 43% discount for whole goods and list price less 10% discount for parts f.o.b. Fort Worth, and 4. Authorize these agreements to begin July 30, 1991 and end July 29, 1992 with option to renew annually for two years. MAC p-5092 adopted 11 It was the consensus of the City Council that the recommendations be adopted. MAC P-5093 re There was presented Mayor and Council Communication No. P-5093 from the City Manager cancellation of purchase agreement stating that the City Council authorized a purchase agreement on May 14, 1991, with a one - with SAF -T -Glove year option to renew with SAF -T -Glove for knee boots for City departments; that SAF -T -Glove notified Purchasing of a typographical error in its bid and stated that it could not provide the items at a cost of $6.82 per pair as stated on the bid; that the company offered to provide the knee boots for a unit cost of $9.82 per pair; that staff recommends the cancellation of the agreement with SAF -T -Glove and that the agreement for knee boots be awarded to Lone Star Supply Company which was the second low bid on Bid No. 91-2296; stating that the Director of Fiscal Services certifies that the money required for the anticipated expenditures of each department eligible to participate in the agreement is available in the Treasury to the credit of the appropriate fund; and recommending that the City Council authorize the cancellation of the purchase agreement with SAF -T -Glove for knee boots for various City departments and award a purchase agreement for knee boots to Lone Star Supply Company at $8.31 per pair, with term of agreement to begin July 9, 1991, and end May 28, 1992, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. MAC P-5094 re There was presented Mayor and Council Communication No. P-5094 from the City Manager amendment by add- stating that the City Council authorized direct purchases in excess of $5,000.00 from ing G. K. Hall and specific vendors of library materials on December 6, 1990, by Mayor and Council Company to vendors Communication No. P-4615; that the M&C listed estimated amounts not to exceed, for vendors list f o r library with copyrights, exclusive distribution rights or some other qualification exempting certain materials materials they sell from competitive bidding in accordance with the Texas Local Government Code, 252.022 (a) (7) (A), (B), (E) and (a) (8); that recent experience has indicated that, to continue procurement of required materials, additional revisions to the estimated/authorized amounts and/or list of vendors (sources) are necessary; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1990-91 fiscal year are available in the current operating budget of General Fund, as appropriated, and the money required for 1991-92 fiscal year will be included in the proposed budget; and recommending that the City Council amend Mayor and Communication No. P-4828, dated March 19, 1991, as follows: 1. Add G. K. Hall and Company to the approved vendors list to provide library materials for an amount not to exceed $15,000.00, and 2. Authorize an increase in expenditure to the following two vendors: Vendor Increase Amt. Original Amt. a. Quality Books $10,000.00 $10,000.00 b. Univ. Microfilms $ 5,000.00 $20,000.00 Intl. Amt. Not to Exceed Total amount increase by items 1 and 2, $30,000.00, and $20,000.00 $25,000.00 3. Authorize the following vendors and amounts to be deleted from the approved vendor list: Vendor Amount Deleted a. Books on Tape ($5,000.00) b. Encyclopedia Britannica Educational Corp. ( 5,000.00) c. Films for the Humanities & the Sciences ( 6,000.00) d. McGraw-Hill ( 7,000.00) e. National Geographic Society ( 5,000.00) f. Prentice Hall Information Service ( 6,000.00) Total amount deleted $34,000.00 MAC p-5094 adoptedil It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council S-3 Page 205 r7 (a A` f.o-,•J Tuesday, July 30, 1991 There was presented Mayor and Council Communication No. P-5095 from the City Manager M&C P-5095 re submitting a tabulation of bids received for a purchase agreement for the purchase of purchase agreement various models of rebuilt Allison transmissions for the City Services Department; stating to Bill's Trans- that the Director of Fiscal Services certifies that the funds required for this agreement mission Service, are available in the Equipment Services Operating Fund; and -recommending that the purchase Inc. agreement be authorized with Bill's Transmission Service, Inc., on lowest responsive bid of unit prices, with term of agreement to begin August 30, 1991, and end August 29, 1992, with option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. M & C P-5096 re There was presented Mayor and Council Communication No. P-5096 from the City Manager purchase agreement stating that bids for Caterpillar Bros. and E -Z Go genuine manufacturer's replacement parts with Darr Equip- were requested on the basis of manufacturer's suggested list price less a discount; that ment Company parts are available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for the purchase of these repair parts 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 vendor based prices on estimated quantities, but no guarantee has been made that a specific quantity of goods or services will be purchased; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Equipment Services Operating Fund; and recommending that the purchase agreement for the purchase of genuine Caterpillar, Bros., and E -Z Go manufacturer's replacement parts be authorized with Darr Equipment Company on the only bid of unit prices at manufacturer's suggested list price, with term of agreement to begin August 22, 1991, and end August 21, 1992, with options to renew for two additional one year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5097 re There was presented Mayor and Council Communication No. P-5097 from the City Manager purchase agreement submitting a quotation received for the purchase of genuine Case manufacturer's replacement with Case Power parts and engines for the City Services Department; stating that the Director of Fiscal and Equipment Services certifies that the funds required for the agreement are available in the current operating budget, as appropriated, of the Equipment Services Operating Fund; and recommending that the purchase agreement be authorized with Case Power and Equipment on quotation of unit prices at manufacturer's suggested list price, with term of agreement to begin July 9, 1991, and end July 8, 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-5098 re There was presented Mayor and Council Communication No. P-5098 from the City Manager purchase from stating that the City is in the midst of bringing its underground storage tanks into Armor Shield of compliance with EPA regulations; that this involves testing and installation of in -tank Texas monitoring, spill containment, and overfill protection; that fuel tanks at Brennan Street have been removed and remediation of contaminated soils is underway; that work also has commenced at Harley Street to bring the tanks located there into compliance; that, although some fueling is able to be accomplished using fuel trucks at Harley Street, our refueling capability at this service center has become extremely limited and, in order to enable continued use of the current tanks at Harley and expedite their being put back in service, it is proposed they be lined with fiberglass; that it is believed Armor Shield of Texas is the only metroplex or Texas company that is capable of performing the required work and is licensed by the State of Texas; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the current operating budget, as appropriated, of Equipment Services Operating Fund; and recommending that City Council confirm the emergency purchase of materials and labor from Armor Shield of Texas to line two underground fuel storage tanks from Armor Shield of Texas for the City Services Department for an amount not to exceed $21,465.00. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5099 re There was presented Mayor and Council Communication No. P-5099 from the City Manager purchase of upgradi stating that the City Council authorized an amendment to the Job Training Partnership Act to computer Title IIA 6% Contract on June 11, 1991, by Mayor and Council Communication No. C-12905 assisted learning increasing the amount of the contract by $20,000.00 for -the purpose of enhancing the center computer-assisted learning center, which is an integral component to Project Start; that the Employment and Training Department will upgrade the present computer assisting system by the purchase of software from sole source vendor, U.S. Basics; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Grant Fund; and recommending that the City Council authorize the outright purchase of upgrade to the computer assisted learning center for the Employment and Training Department from sole source, U.S. Basic Corporation, for $10,000.00, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-5100 re There was presented Mayor and Council Communication No. P-5100 from the City Manager urchase agreement submitting a tabulation of bids received for a purchase agreement for the retrieval of an or retrieval of estimated quantity of golf balls for the Park and Recreation Department; stating that the stimated quantity Director of Fiscal Services certifies that the money required for this anticipated f golf balls expenditure during the 1990-91 fiscal year is available in the current operating budget, as appropriated, and the money required for the 1991-92 fiscal year will be included in the proposed budget; that all purchase orders issued against this agreement will be reviewed for sufficiency of funds prior to release; and recommending that the purchase agreement be authorized with B and M Golf Ball Recycling on low overall bid of unit prices at $0.15 each Minutes of City Council S-3 Page 206 ") (1' 7 ok.,o., • Tuesday, July 30, 1991 M&C P-5100 cont. for playable golf balls and $0.25 for practice golf balls. It was the consensus of the City and adopted Council that the recommendation be adopted. M&C P-5101 re There was presented Mayor and Council Communication No. P-5101 from the City Manager purchase of Tiff- recommending that the City Council confirm the emergency purchase of Tiffgreen 328 grass sod green 328 grass so for the Park and Recreation Department from Thomas Bros. Grass Company for a total amount not to exceed $17,430.00 net, f.o.b. Fort Worth; stating that the Director of Fiscal Services certifies that the funds required for this purchase are available in the current operating budget, as appropriated, of the Golf Fund. It was the consensus of the City Council that the recommendation be adopted. M&C P-5102 re There was presented Mayor and Council Communication No. P-5102 from the City Manager purchase from submitting a tabulation of bids received for the purchase of railroad crossing surfaces for Century Precast the Transportation and Public Works Department; stating that the Director of Fiscal Services certifies that the money for the anticipated expenditures are available in the Treasury to the credit of the appropriate Fund(s); and recommending that the purchase be made from Century Precast on total low bid of $31,930.00, net f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-5103 re There was presented Mayor and Council Communication No. P-5103 from the City Manager purchase from submitting a tabulation of bids received for the purchase of Traffic Signal Controllers for Hi -Tech Signals, the Transportation and Public Works Department; stating that the Director of Fiscal Services Inc. certifies that the funds required for this purchase are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase be made from Hi -Tech Signals, Inc., on its low bid of $203,422.65 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-5104 re purchase from There was presented Mayor and Council Communication No. P-5104 from the City Manager Lectric Lites submitting a tabulation of bids received for the purchase of hydraulic shoring equipment for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the Water and Sewer Fund; and recommending that the purchase be made from Lectric Lites on its low bid of $20,885.30 net, f.o.b. destination. It was the consensus of the City Council that the recommendation be adopted. M&C P-5105 re There was presented Mayor and Council Communication No. P-5105 from the City Manager purchase agreement recommending that the City Council authorize a sole source purchase agreement with a renewal with ENSR Consult- ing and Engineer- option for one additional year to ENSR Consulting and Engineering for laboratory services ing to conduct biomonitoring and toxicity characterization studies on effluent samples from the City's wastewater treatment plant for an amount not to exceed $40,000.00, with term of the agreement to become effective upon approval by the City Council and end one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-5106 re 11 There was presented Mayor and Council Communication No. P-5106 from the City Manager maintenance agree- recommending that an annual maintenance agreement with option to renew annually for two ment with EPE years be authorized for the Water Department with sole source vendor, EPE Technologies, Technologies, Inc. Inc., for an amount of $11,151.00 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 recommendations be adopted. M & C P-5107 re There was presented Mayor and Council Communication No. P-5107 from the City Manager purchase from submitting a tabulation of bids received for the purchase of Mueller fire hydrant parts for HydroFl ow, Inc. the Water Department; stating that the Director of Fiscal Services certifies that the funds required for the purchase are available in the Water and Sewer Fund; and recommending that the purchase of Mueller fire hydrant parts be made from HydroFlow, Inc., on low bid of $9,784.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-5108 re There was presented Mayor and Council Communication No. P-5108 from the City Manager cont.' for one week submitting a tabulation of bids received for a purchase agreement to furnish above -ground storage tanks for the Environmental Management Office; stating that the Director of Fiscal Services certifies that the money required for this 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 Dalworth Concrete Products, Inc., on its overall low bid, with term of agreement to begin August 1, 1991, and end July 31, 1992, with option to renew for one additional year. Council Member McCray requested that Mayor and Council Communication No. P-5108 be continued for one week in order for him to receive additional 'information regarding the purchase agreement for above -ground storage tank. Mr. Brice SpanglerMr. Brice Spangler, representing Dalworth Concrete Products, Inc., appeared before the re M & C P-5108 City Council and inquired as to why this item was taken off of the consent agenda. Mayor Granger Mayor Granger excused herself from the Council table at this time and Mayor Pro excused from the tempore Webber assumed the chair. Council table Minutes of City Council S-3 Page 207 Tuesday, July 30, 1991 City Manager re City Manager Ivory advised Mr. Spangler that, as a matter of protocol, items are M&C P-5108 removed from the consent agenda in order to provide additional information to the Council Members but stated that he is not aware of the concerns of Council Member McCray on this project at this time and advised Mr. Spangler that the item will come up on next week for a vote. On motion of Council Member McCray, seconded by Council Member Meadows, Mayor and Council Communication No. P-5108 was continued for one week. &C P-5109 re There was presented Mayor and Council Communication No. P-5109 from the City Manager urchase agreement submitting a tabulation of bids received for a one-year purchase agreement for auctioneering ith Lone Star services for the Fiscal Services Department; stating that the Director of Fiscal Services uctioneers, Inc. certifies that the money required for this 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 Lone Star Auctioneers, Inc., on low bid of 7.98 percent commission rate, with term of agreement to become effective July 25, 1991, through July 24, 1992, with the option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. &C P-5110 re There was presented Mayor and Council Communication No. P-5110 from the City Manager urchase agreement submitting a tabulation of bids received for a one-year purchase agreement for traffic signs or traffic signs for the City of Fort Worth; stating that the Director of Fiscal Services certifies that the ith Sargent money required for the anticipated expenditure of each department eligible to participate owell, Inc. in this agreement is available in the Treasury to the credit of the appropriate funds; and recommending that a one-year purchase agreement be authorized with Sargent Sowell, Inc., based on low unit price per item, with term of agreement to begin July 25, 1991, and end July 24, 1992. It was the consensus of the City Council that the recommendations be adopted. &C L-10568 re There was presented Mayor and Council Communication No. L-10568 from the City Manager urchase of a fee stating that the purchase of a fee simple title and easement for a portion of 280 acres imple title and located in the R. R. Ramey Survey, Abstract 1341 and the J. Wilcox Survey, Abstract ase me n t 1744/Arlington Development Associates is required for the construction of Green Oaks Boulevard; that the total compensation due the property owner, as established by an independent fee appraiser in the amount of $42,200.00, was refused by the owner; and recommending that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council and that authority be given the City Attorney to institute eminent domain proceedings to acquire the property. It was the consensus of the City Council that the recommendation be adopted. &C L-10569 re There was presented Mayor and Council Communication No. L-10569 from the City Manager minent domain stating that the fee simple title and easement for a portion of 17.5 acres out of the R. R. roceedi ngs Ramey Survey, Abstract 1341, Larry Mi 1 rany/Parcel 3, 3E, and 3RWE is required for the construction of Green Oaks Boulevard; that the total compensation due the property owner, as established by an independent fee appraiser in the amount of $15,260.00, was refused by the owner; and recommending that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council and that authority be given the City Attorney to institute eminent domain proceedings. It was the consensus of the City Council that the recommendation be adopted. &C L-10570 re There was presented Mayor and Council Communication No. L-10570 from the City Manager minen t domain stating that the purchase of the fee simple title and easement for a portion of 22.5 acres roceedings out of the S. C. Culver Survey, Abstract 276, G. L. Harris, Trustee, Parcel 7, and 7RWE is required for the construction of Green Oaks Boulevard; that the total compensation due the property owner, as established by an independent fee appraiser in the amount of $23,800.00, was refused by the owner; and recommending that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council and that authority be given the City Attorney to institute eminent domain proceedings. It was the consensus of the City Council that the recommendation be adopted. &C L-10571 re There was presented Mayor and Council Communication No. L-10571 from the City Manager c q uis tion of recommending that the City Council approve the acquisition of a portion of Lots 13 and 14, portion of Lots Block 30, Diamond Hill Addition, and Lot R7, Block 31, Diamond Hill Addition, Parcels 41, 13, and 14 42, and 48 from Elida Pena Garcia for $410.00, with the Director of Fiscal Services certifying that funds required for this acquisition are available in the current capital budget, as appropriated, of the Street Improvements Capital Projects Fund, and required for Malone Street/Moore Avenue Reconstruction from South of Irion Street Project. It was the consensus of the City Council that the recommendation be adopted. M&C C-12949 re There was presented Mayor and Council Communication No. C-12949, dated July 9, 1991, purchase of pro- from the City Manager stating that the City Council approved a vendors list of professional fessional consul- tant onsul- tant services 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 Minutes of City Council S-3 Page 208 Tuesday, July 30, 1991 &C C-12949 cont. proposals for these services were requested in accordance with the Federal Office of Management and Budget Circulars which governs procurement under Federal Grants; that the Director of Fiscal Services certifies, that upon execution of the Title IIA and Title III contracts with Texas Department of Commerce for the 1991 Program Year, funds will be available for these contracts; and recommending that the City Council: 1. Renew the vendors list for the purchase of professional consultant services for the Job Training Partnership Act (JTPA) Programs to include the following JTPA consultants for the period beginning July 1, 1991, and ending June 30, 1992. a. Chamberlain and Later, Attorneys and JTPA Consultants $125.00 per hour $1,000.00 per day on-site plus actual expenses b. Northcoast Administrative Consultants, Inc. $1,250.00 per day including all fees and expenses c. National Alliance of Business (NAB) $750.00 per day including professional fees and travel expenses d. Neece Benson Associates, Inc. $125.00 per hour plus expenses 2. Authorize the City Manager to enter into Professional Service Contracts on a retainer "as needed" basis with consultants listed above. The total costs for these services shall not exceed $50,000.00. Council Member McCray made a motion, seconded by Council Member Woods, that the recommendations be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C C-12971 re There was presented Mayor and Council Communication No. C-12971 from the City Manager contract with Emtech Environ- as follows: mental Services, Inc. SUBJECT: CHANGE ORDER NO. 1 TO EMTECH ENVIRONMENTAL SERVICES, INC., CONTRACT FOR REMOVAL AND DISPOSAL OF SIX UNDERGROUND STORAGE TANKS AND APPURTENANCES RECOMMENDATION: It is recommended that City Council: 1. Approve Change Order No. 1 to the contract with Emtech Environmental Services, Inc., in the amount of $15,184.33, and add four (4) working days to the Contract Time, and 2. Authorize the City Manager to increase City Secretary Contract No. 18382 with Emtech Environmental Services, Inc. by $15,184.33, making a new Total Contract Amount of $102,384.33, and a total of twenty (20) working days for the removal, disposal, and site clean-up of six (6) underground storage tanks at Brennan Service Center. DISCUSSION: On March 3, 1991 (M&C C-12759), the City Council awarded a contract in the amount of $87,200.00 to Emtech Environmental Services, Inc. to remove six (6) underground storage tanks from Brennan Service Center, as required by the Texas Water Commission Rules and Regulations on underground fuel storage tanks. During the removal process the contractor encountered conditions which required additional work above the original scope. Staff has reviewed the cost associated with performing the additional work and finds it to be reasonable and justifiable. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for the additional work are available in the current operating budget, as appropriated, of the General Fund. M&C C-12971 adopte� It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12971, be adopted. M&C C-12972 re There was presented Mayor and Council Communication No. C-12972 from the City Manager contract with submitting a tabulation of bids received for the Parking Lot/Roadway renovation at Sycamore APAC-Texas , Inc. Recreation Center; stating that the Director of Fiscal Services certifies that funds required for the contract are available in the current capital budget of the Park and Recreation Improvement Project Fund; and recommending that the City Manager be authorized to execute a contract with APAC-Texas, Inc., in the amount of $156,430.60 (accepting both Base Bid and Supplemental Unit I) for the Parking Lot/Roadway renovation at Sycamore i Minutes of City Council S-3 Page 209 I f 1-0 Tuesday, July 30, 1991 &C C-12972 cont.II Recreation Center. It was the consensus of the City Council that the recommendation be nd adopted adopted. RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $36,719 from Sewer Capital Improvement Fund, to the Grants Fund, and 2. Authorize Change Order No. 3 in the amount of $36,719 to City Secretary Contract No. 16909 with Temple Associates for the Odor Control Facilities, Category B, Phase 1-C-3 revising the total contract cost to $5,014,859 and adding 14 calendar days for total contract time of 453 calendar days. DISCUSSION: On January 10, 1989 (M&C C-11404), the City Council authorized the award of a contract to Temple Associates for construction of Odor Control Facilities, Category B, Phase 1-C-3 at the Village Creek Wastewater Treatment Plant. During construction, it was determined necessary to change and/or modify several items to comply with actual field conditions. The contractor, Temple Associates, will perform this additional work for $36,719 and fourteen (14) additional calendar days. The proposed changes are described on the attached sheets. The net effect of the proposed change order is as follows: Original Contract Cost $4,899,500.00 Change Order Nos. 1 and 2 $ 78,640.00 Proposed Change Order No. 3 $ 36,719.00 Revised Contract Cost $5,014,859.00 The consultant, Alan Plummer and Associates, Inc., and the resident engineer for the Water Department have reviewed the proposed charges and time extension and found them reasonable for similar work. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon approval of the bond fund transfer funds required for this contract will be available in the current budget of the Grants Fund. C C-12975 adopted' It was the consensus of the City Council that the recommendations, as contained in Mayor and 11 Council Communication No. C-12975, be adopted. Minutes of City Council S-3 Page 210 There was presented Mayor and Council Communication No. C-12973 from the City Manager &C C-1297 3 re TPA stating that the City Council authorized the City Manager on April 23, 1991, by Mayor and Council Communication C-12816 to enter into contracts with the Texas Department of Commerce for implementation of Title III of the Job Training Partnership Act for the period July 1, 1991, to June 30, 1992, the 1991 Program Year; that each participant may receive a maximum of $2,000.00 to relocate when an offer of unsubsidized, permanent employment is received from an employer outside the Dallas/Fort Worth area; that persons using the relocation program are required to obtain three written bids from moving firms; that many of the firms used for moving services will invoice less than $5,000.00 during the program year but, based on prior experience, it is anticipated that various vendors will invoice in excess of $5,000.00 for relocation services during the 1991 program year; stating that funds for the contracts will be available contingent upon execution of the Grant contracts with Texas Department of Commerce; and recommending that the City Council authorize payments in excess of $5,000.00 to provide relocation services under Title III of the Job Training Partnership Act, during the period of July 1, 1991, to June 30, 1992, for maximum amounts to Robert Godlewski d/b/a Able Moving & Transfer, Allied Van Lines, Inc., Bekins Van Lines Company, Mayflower Transit, Inc., North American Van Lines, and United Van Lines, Inc. It was the consensus of the City Council that the recommendation be adopted. &C C-12974 re ontract with There was resented Mayor and Council Communication No. C-12974 from the City Manager p y scar Re nda Con- submitting a tabulation of bids received for M -245P Sewer Relief Main, Contract 1; stating rac ting, Inc. that the Director of Fiscal Services certifies that funds required for this contract are available in the current capital budget of the Commercial Paper Sewer Fund; and recommending that the City Manager be authorized to execute a construction contract with Oscar Renda Contracting, Inc., for the M -245P Sewer Relief Main, Contract 1 on the low bid of $3,787,203.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12975 re ontract with There was presented Mayor and Council Communication No. C-12975 from the City Manager, emple Associates as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 3 TO ODOR CONTROL FACILITIES, CATEGORY B, PHASE 1-C-3, VCWWTP, TEMPLE ASSOCIATES RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $36,719 from Sewer Capital Improvement Fund, to the Grants Fund, and 2. Authorize Change Order No. 3 in the amount of $36,719 to City Secretary Contract No. 16909 with Temple Associates for the Odor Control Facilities, Category B, Phase 1-C-3 revising the total contract cost to $5,014,859 and adding 14 calendar days for total contract time of 453 calendar days. DISCUSSION: On January 10, 1989 (M&C C-11404), the City Council authorized the award of a contract to Temple Associates for construction of Odor Control Facilities, Category B, Phase 1-C-3 at the Village Creek Wastewater Treatment Plant. During construction, it was determined necessary to change and/or modify several items to comply with actual field conditions. The contractor, Temple Associates, will perform this additional work for $36,719 and fourteen (14) additional calendar days. The proposed changes are described on the attached sheets. The net effect of the proposed change order is as follows: Original Contract Cost $4,899,500.00 Change Order Nos. 1 and 2 $ 78,640.00 Proposed Change Order No. 3 $ 36,719.00 Revised Contract Cost $5,014,859.00 The consultant, Alan Plummer and Associates, Inc., and the resident engineer for the Water Department have reviewed the proposed charges and time extension and found them reasonable for similar work. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon approval of the bond fund transfer funds required for this contract will be available in the current budget of the Grants Fund. C C-12975 adopted' It was the consensus of the City Council that the recommendations, as contained in Mayor and 11 Council Communication No. C-12975, be adopted. Minutes of City Council S-3 Page 210 Ail Tuesday, July 30, 1991 There was presented Mayor and Council Communication No. C-12976 from the City Manager M&C C-12976 re stating that the City Manager was authorized by the City Council on October 2, 1990, by amendment to Texas Mayor and Council Communication No. C-12546 to accept and execute the Texas Department of Department of Health Local Services umbrella contract for FY 1990-91; that Attachment 05 of this contract Health Locla supports Fort Worth Public Health Department maternal and child health services activities; Health Services that the proposed amendment would increase the Attachment 05 equipment account by $38,734.00, allowing the purchase of computer hardware to support participation in a state- wide TDH maternal and child health client database currently in the development stage; that no other changes to the contract will be required; and recommending that the City Manager be authorized to execute Texas Department of Health Local Health Services Contract Attachment 05A, increasing Fort Worth Public Health Department funding for Attachment 05 by $38,734.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12977 re There was presented Mayor and Council Communication No. C-12977 from the City Manager grant application stating that the goal of the Sexually Transmitted Disease Control program is to reduce the to Texas Depart- spread and complications of STD infections through interviewing, contact tracing, and men t of Health Trans- Trans Sexually - surveillance and reporting activities throughout Tarrant County; stating that there is no mitte d Disease City match required for this grant; and recommending that the City Council authorize the Division City Manager to: 1. Submit a grant application to the Texas Department of Health, Sexually Transmitted Disease (STD) Division, for continued funding of City of Fort Worth Public Health Department STD Control program activities for the period January 1, 1992 through December 31, 1992, in the amount of $296,629.00, and 2. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account(s) in the City of Fort Worth financial accounting system upon receipt of an executed contract, and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (applying the 1990 rate of 24.7 percent, which represents the most recently approved rate for this department), and 4. Accept any additional funding offered for this grant for the period January 1, 1992 through December 31, 1992. M&C C-12977 adopte I It was the consensus of the City Council that the recommendations be adopted. M&C C-12978 re There was presented Mayor and Council Communication No. C-12978 from the City Manager grand application to the U.S. a ti recommending that City Council authorize the City Manager to submit a grant application to En- vironmental Pro- the U.S. Environmental Protection Agency for Fort Worth Public Health Department Air to c tion Agency Pollution Program activities; authorize the Accounting Division of the Fiscal Services Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth financial accounting system upon receipt of an executed contract; and approve waiver of $3,717.00 of the eligible $18,625.00 total indirect cost charges as determined by department's approved 24.7 percent indirect cost rate. It was the consensus of the City Council that the recommendations be adopted. M&C C-12979 re There was presented Mayor and Council Communication No. C-12979 from the City Manager, contract with as follows: Architectural Utilities, Inc. SUBJECT: CHANGE ORDER NO. 2 TO CONTRACT WITH ARCHITECTURAL UTILITIES, INC. FOR CAT AND BEAR EXHIBITS PROJECT IN THE FORT WORTH ZOO RECOMMENDATION: It is recommended that the City Council: 1. Approve a $48,858.31 fund transfer from the Western Hills Sector North Z. Boaz Project to the All Districts Unspecified Project in the Park and Recreation Capital Projects Fund, and 2. Approve a $55,368.98 fund transfer from the All Districts Unspecified Project to the Cat and Bear Exhibits Project in the Park and Recreation Capital Projects Fund, and 3. Approve Change Order No. 2 in the amount of $95,788.54 with three hundred twenty-five (325) additional calendar days, and 4. Authorize the City Manager to increase City Secretary Contract No. 17098 with Architectural Utilities, Inc. to $1,843,579.44 and 420 calendar days increasing the total construction time to 745 calendar days for the construction of the Cat and Bear Exhibits in the Fort Worth Zoo. Minutes of City Council S-3 Page 211 �Y �f7 f.W_ .� &C C-12979 cont. Tuesday, July 30, 1991 DTSCIMTON- On May 16, 1989, the City Council awarded a contract to Architectural Utilities, Inc. in the amount of $1,666,803.00 and 345 calendar days for the construction of the Cat and Bear Exhibits in the Fort Worth Zoo. Partial funding of proposed Change Order No. 2 is derived from the transfer and close-out of the 1978-81 Capital Improvement Program, Z. Boaz Tennis Center Project. Within the 1978 C.I.P., funds were established to develop a tennis center located upon the site in which the Golf Maintenance Center existed. Since the original establishment of funds, two circumstances have made the tennis center infeasible: first, the popularity of,tennis has declined to the point that existing tennis facilities exceed user demands; second, space availability within Z. Boaz Park has been diminished since most of the park has been turned over to a long-term golf operation lease. For reasons cited above, funds from Western Hills Sector (Tennis Center) are being recommended as a partial source of funding for this change order. During construction certain changes were made to the project to improve the functionality of the facility. These changes included the areas of animal holding pens, the suspended walkway system, the adjacent elephant exhibit wall, and the viewing window area. A change in the road surface for the service access road and courtyard to concrete paving was made. The T.U. Electric transformer and related electrical service items needed to be relocated; and additions to the exhibitry fencing, irrigation, and hydromulching are part of this change order. An upgrade of the water system that services the exhibits became necessary in order to fully automate its operation. In addition to time extensions necessitated by the change order work described above, further calendar day extensions are included due to excessive rain delays during 1990- 91, and due to delays related to the exhibitry contract for this project with the Zoological Association. The contractor agreed to do this additional work for a total of $95,788.54 and three hundred twenty-five (325) additional calendar days. Staff has reviewed the additional cost and time and finds it to be reasonable for the work involved. PROJECT COST AND WORKING TIME: Original Contract Amount: $1,666,803.00 345 Days Approved Change Order No. 1: 80,987.90 75 Days Proposed Change Order No. 2: 95,788.54 325 Days Proposed Contract Amount $1,843,579.44 745 Days Approval of this change order and the previously approved change order increases the contract amount by 10.6%. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon approval of the recommended fund transfers, funds required for this Change Order will be available in the capital budget of the Park and Recreation Improvement Funds. It was the consensus of the City Council that the recommendations, as contained in Mayor and M&C C-12979 adopte Council Communication No. C-12979, be adopted. M&C C-12980 re There was presented Mayor and Council Communication No. C-12980 from the City Manager contract with J.D. submitting a tabulation of bids received for water and sewer improvements in Aberdeen Drive Vickers, Inc. and and for reconstruction of Aberdeen Drive from Penrose Avenue to Widgeon Avenue and contract with improvements to Westridge Lane; and recommending that the City Council: Larry H. Jackson Construction, Inc. 1. Approve a fund transfer in the amount of $115,039 from the Water and Sewer Operating Fund to the Aberdeen Drive project in the Water Capital Improvement Fund, and 2. Approve a fund transfer in the amount of $53,936 from Unspecified Projects to the Aberdeen Drive Project in the Sewer Capital Improvement Fund, and 3. Authorize the City Manager to execute a construction contract with J.D. Vickers, Inc., for Water and Sewer Improvements in Aberdeen Drive, based on the low bid of $148,816.55, and 4. Approve a bond fund transfer of $264,176.43 from the Inner City Streets Unspecified Project to the Aberdeen, Penrose to Widgeon, Project in the Street Improvement Fund, and 5. Authorize the City Manager to execute a contract with Larry H. Jackson Construction, Inc., for reconstruction of lAberdeen Drive, from Penrose Avenue to Widgeon Avenue, and improvements to Westridge Lane, in the amount of $265,778.50 and 49 working days. M&C C-12980 adopteI It was the consensus of the City Council that the recommendations be adopted. , "I Minutes of City Council S-3 Page 212 . ) i r ti.1 3 Tuesday, July 30, 1991 &C C-12981 re There was presented Mayor and Council Communication No. C-12981 from the City Manager m e nd me nt with cDonald and stating that the City Council authorized execution of an engineering agreement on August 9, ssociates 1988 b Mayor and Council Communication C-11112 with McDonald and Associates � y iii y providing & Safety Tech - funds of not more than $40,215.00 for engineering services connected with no l ogy , Inc. replacement/rehabilitation of Sanitary Sewer Main 42 and Lateral 527, located along the east side of Trinity River below Samuels Avenue, from Peach Street to Northpark industrial area; that further investigation of the sewer line reveals that Lateral 6551, which ties to Main 42 at Greer Street, is in a deteriorated condition and requires replacement; that additional engineering services will include design, survey and easement preparation; stating that the Director of Fiscal Services certifies that the funds for this agreement are available in the current capital budget, as appropriated, of the Sewer Capital Improvement Fund; and recommending that the City Manager be authorized to execute Amendment No. 2 to City Secretary Contract No. 16596 with McDonald and Associates, for additional engineering services relating to the Rehabilitation of Sanitary. Sewer Main 42 and Lateral 527, increasing the total fee by $5,050.75, for a not -to -exceed fee of $59,849.75 and that a fund transfer in the amount of $6,000.00 be authorized from Unspecified Project to Sanitary Sewer Main 42 and Lateral 527 Rehabilitation Project in the Sewer Capital Improvement Fund. It was the consensus of the City Council that the recommendations be adopted. M&C C-12983 re There was presented Mayor and Council Communication No. C-12983 from the City Manager, contract amend- as follows: ments to JTPA - Title IIA and III SUBJECT: CLASSROOM TRAINING CONTRACTS FOR TITLES IIA AND III OF THE JOB TRAINING PARTNERSHIP ACT FOR 1991 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to purchase training services and materials from the following list of service providers in the amounts indicated below. DISCUSSION: On April 23, 1991, through M&C C-12816 and on April 30, 1991, through M&C C-12823, the City Council authorized the City Manager to enter into contracts with the Texas Department of Commerce (TDOC) for implementation of the Job Training Partnership Act for Title III and IIA for the period July 1, 1991 to June 30, 1992. In addition, the City Council also authorized, through M&C C-12856, on May 14, 1991, the City Manager to enter into another contract with TDOC for National Discretionary funds to finance re-training activities for General Dynamics workers displaced as a result of the A-12 contract cancellation. As described in each of the above contracts, academic and vocational classroom training are essential to the JTPA program. Through these services, participants are provided with "specific occupational/educational classroom training". The City Council authorized these services to be procured on a "buy - in" or "as -needed" basis. The following is a listing of the service providers and the expenditures estimated for the 1991 program year: Institution Anticipated PY91 Invoices Aero Tech International $ 20,000.00 American Airlines Travel Academy 20,000.00 American Trades Institute 75,000.00 Arlington Court Reporting 35,000.00 Avalon Vocational Technical Institute 30,000.00 Bryan Institute 30,000.00 CAD Concepts Training Center 25,000.00 Career Development Institute 7,500.00 Cassata Learning Center 10,000.00 Cowtown Drive Education 25,000.00 Minutes of City Council S-3 Page 213 There was presented Mayor and Council Communication No. C-12982 from the City Manager M &C C-12982 re stating that the Park and Recreation administration facility located at 2222 West Rosedale contract with Industrial Hygiene was vacated due to the presence of asbestos -containing material within the heating, & Safety Tech - ventilation, and air conditioning system; that the facility remained vacant and secure until no l ogy , Inc. recently when the number of incidents of illicit entry and vandalism increased, despite security measures and placement of hazard signage warning of asbestos contamination; that, in order to limit the City's liability, staff has recommended the removal of all asbestos containing material from these facilities; that, due to the magnitude of the abatement, staff is recommending that an outside engineering firm design detailed abatement specifications, prequalify potential abatement contractors, and oversee the actual abatement operation; stating that the Director of Fiscal Services certifies that funds required for this contract are available in the current operating budget, as appropriated, of General Fund; and recommending that the City Manager be authorized to execute a contract with Industrial Hygiene & Safety Technology, Inc., for engineering design services on asbestos abatement in an amount not to exceed $40,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12983 re There was presented Mayor and Council Communication No. C-12983 from the City Manager, contract amend- as follows: ments to JTPA - Title IIA and III SUBJECT: CLASSROOM TRAINING CONTRACTS FOR TITLES IIA AND III OF THE JOB TRAINING PARTNERSHIP ACT FOR 1991 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to purchase training services and materials from the following list of service providers in the amounts indicated below. DISCUSSION: On April 23, 1991, through M&C C-12816 and on April 30, 1991, through M&C C-12823, the City Council authorized the City Manager to enter into contracts with the Texas Department of Commerce (TDOC) for implementation of the Job Training Partnership Act for Title III and IIA for the period July 1, 1991 to June 30, 1992. In addition, the City Council also authorized, through M&C C-12856, on May 14, 1991, the City Manager to enter into another contract with TDOC for National Discretionary funds to finance re-training activities for General Dynamics workers displaced as a result of the A-12 contract cancellation. As described in each of the above contracts, academic and vocational classroom training are essential to the JTPA program. Through these services, participants are provided with "specific occupational/educational classroom training". The City Council authorized these services to be procured on a "buy - in" or "as -needed" basis. The following is a listing of the service providers and the expenditures estimated for the 1991 program year: Institution Anticipated PY91 Invoices Aero Tech International $ 20,000.00 American Airlines Travel Academy 20,000.00 American Trades Institute 75,000.00 Arlington Court Reporting 35,000.00 Avalon Vocational Technical Institute 30,000.00 Bryan Institute 30,000.00 CAD Concepts Training Center 25,000.00 Career Development Institute 7,500.00 Cassata Learning Center 10,000.00 Cowtown Drive Education 25,000.00 Minutes of City Council S-3 Page 213 Tuesday, July 30, 1991 Mountain View College Dalfort Aircraft Tech 100,000.00 M&C C-12983 cont. Dallas Baptist University 10,000.00 Pegasus Flight Center Devey Institute of Technology 20,000.00 150,000.00 Draughon's College of Business 15,000.00 Texas Aero Tech Fort Worth Trade School 7,500.00 25,000.00 International Aviation and Travel 10,000.00 Texas Wesleyan University ITT Technical Institute 20,000.00 10,000.00 Lincoln Technical Institute 50,000.00 University of North Texas Lindsey -Cooper Refrigeration 10,000.00 40,000.00 Mansfield Business School 7,500.00 FISCAL INFORMATION/CERTIFICATION: Institution Anticipated PY91 Invoices Mountain View College 7,500.00 National Education Center 75,000.00 Office Career Centre 25,000.00 Pegasus Flight Center 10,000.00 Tarrant County Junior College 150,000.00 Texas A & M 50,000.00 Texas Aero Tech 200,000.00 Texas Christian University 25,000.00 Texas Court Reporting College 302000.00 Texas Wesleyan University 25,000.00 Tri-State Driver Training 10,000.00 University of Dallas 7,500.00 University of North Texas 7,500.00 University of Texas at Arlington 40,000.00 TOTAL $1,190,000.00 FISCAL INFORMATION/CERTIFICATION: Funds will be available contingent upon execution of the grant contracts with Texas Department of Commerce. Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-12983 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12984 re There was presented Mayor and Council Communication No. C-12984 from the City Manager, amendments with as follows: JTPA SUBJECT: CONTRACT AMENDMENTS - CLASSROOM TRAINING FOR TITLES IIA AND III OF THE JOB TRAINING PARTNERSHIP ACT FOR PROGRAM YEAR 1990 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Increase the funding limits for classroom training contracts by $193,000.00 to a new total of $2,315,300.00, and 2. Include additional institutions on the list of service providers and authorize payment in the amounts indicated below. DISCUSSION: On May 22, 1990, through M&C C-12333 and on May 8, 1990, through M&C C-12313, the City Council authorized the City Manager to enter into contracts with the Texas Department of Commerce for implementation of the Job Training Partnership Act for Titles IIA and III for the period July 1, 1990 to June 30, 1991. As described in these employment and training grants, academic and vocational classroom training are essential to the JTPA program. Through these services, participants are provided with "specific occupational/educational classroom training." The City Council authorized these services to be procured on a "buy - in" or "as -needed" basis. Because of increased demand for classroom training as a result of layoffs by General Dynamics, it is necessary to increase amounts previously authorized on M&C C-12876, and to add other institutions to the list of service providers. The following is a listing of the service providers selected previously, those recommended for addition to the list, and the amount to be allocated for payment of services. An "*" indicates those institutions which are to be added to the service provider list. Minutes of City Council S-3 Page 214 Tuesday, July 30, 1991 Anticipated &C C-12984 cont. Previously PY 90 Institution Approved Change Invoices Acme School of Aeronautics $20,000 $0 $20,000 Aero Tech International 31,000 0 31,000 Aims Academy 6,000 0 6,000 American Airlines Travel Academy 15,000 23,000 38,000 *American Career Tech 0 7,000 7,000 American Trades Institute 200,000 20,000 220,000 Arlington Court Reporting 609000 0 60,000 Avalon Vocational Technical Institute 91,000 0 91,000 Bryan Institute 45,000 0 45,000 CAD Concepts Training Center 100,000 35,000 135,000 Career Development Institute 12,000 0 12,000 Cassata Learning Center 13,000 0 13,000 Cowtown Driver Education 35,000 0 35,000 *Dallas Baptist University 0 20,000 20,000 Dallas County Community College 7,000 0 7,000 Devey Institute of Technology 50,000 0 50,000 Draughon's College of Business 28,000 0 28,000 Fort Worth Trade School 12,000 0 12,000 Hill College 6,000 0 6,000 International Aviation and Travel 20,000 0 20,000 ITT Technical Institute 53,000 0 53,000 Lewis University 9,700 0 9,700 Lincoln Technical Institute 95,000 0 95,000 Lindsey -Cooper Refrigeration 15,000 0 15,000 Love Aviation Training Center 175,000 15,000 190,000 Mansfield Business School 16,000 0 16,000 Mountain View College 17,200 0 17,200 National Education Center 90,000 0 90,000 Office Career Centre 40,000 0 40,000 Ogle School of Hair Design 7,000 0 7,000 Tarrant County Junior College 270,000 45,000 315,000 TCJC/Customized Training/Page Avjet 66,000 0 66,000 Texas A & M University 13,200 0 13,200 Texas Aero Tech 307,000 0 307,000 Texas Christian University 40,000 3,000 43,000 Texas Court Reporting College 52,500 0 52,500 Texas Wesleyan University 34,000 0 34,000 The Computer Connection 5,700 0 -5,700 Tri-State Driver Training 20,000 0 20,000 *University of Dallas 0 10,000 10,000 University of North Texas 10,000 0 10,000 University of Texas at Arlington 35,000 15,000 50,000 TOTAL FISCAL INFORMATION/CERTIFICATION: $ 3 9 , b�TF, M-5-,70-0 � i Jkj The Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget of the Grants Fund. M&C C-12984 adopted On motion of Council Member Meadows, seconded by Council Member Silcox, the recommendations were adopted. M&C C-12985 There was presented Mayor and Council Communication No. C-12985 from the City Manager, contract with LEM Construction, Inc. 11 as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 3 TO CONTRACT WITH LEM CONSTRUCTION, INC., FOR CONSTRUCTION OF THE EAGLE MOUNTAIN WATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 3 in the amount of $24,848.06 to City Secretary Contract No. .17792 with LEM Construction, Inc. for the construction of the Eagle Mountain Water Treatment Plant, revising the total contract cost to $24,641,709.25. DISCUSSION: On April 10, 1990 (M&C C-12260 Revised), the City Council authorized the award of a contract to LEM Construction, Inc. for construction of the Eagle Mountain Water Treatment.Plant. During construction, it was determined necessary to change, modify and/or delete certain portions of the construction to make a complete and operational plant. Minutes of City Council S-3 Page 215 Tuesday, July 30, 1991 &C C-12985 cont. The contractor, LEM Construction, Inc. will perform this additional work for $24,848.06. The proposed changes are described on the attached sheets. The net effect of the proposed change order is as follows: Original Contract Cost $24,535,198.00 Extras to Date $ 81,663.19 Proposed Change Order No. 3 $ 24,848.06 Revised Contract Cost $24,641,709.25 The construction manager, Freese and Nichols, Inc. and the staff engineers of the Water Department have 'reviewed the proposed charges and found them reasonable for similar work. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this contract are available in the current capital budget, as appropriated, of the Commercial Paper Water Fund. &C C-12985 adopted On motion of Council Member Woods, seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. C-12985, was adopted. There was presented Mayor and Council Communication No. C-12986 from the City Manager & C C- 12986 re stating that the City Council approved a contract with Hahnfeld Associates on March 27, ont. for one week 1991, by Mayor and Council Communication C-12637 for design of the renovation of the Will Rogers Auditorium for a fee of $99,550.00; that, in preparing the plans for the project, Hahnfeld's consulting mechanical engineer, Carter and Burgess, Inc., recommended that the auditorium be converted from steam heating to a hot water heating system; that the new system requires additional engineering services for the design of the connection of the existing hot water lines to the source in the central plant, the by-pass of the existing boilers in the auditorium, and the connection of new hot water lines into the existing coils in the auditorium; that Carter and Burgess' fee for the additional engineering is $3,250.00; that a change in the code requirement for stage rigging has resulted in the need for Carter and Burgess to perform additional structural engineering; that the firm has requested an additional fee of $5,500.00; that the estimated value for a dimmer board and portable lights at the Northside Coliseum is about $40,000.00 to $50,000.00; that, in order to determine whether the dimmer boards and lights were operational, they had to be tested, at a fee of $2,500.00; that Hahnfeld Associates has agreed to provide the design services, through its engineering consultant, for an additional fee of $11,300.00; stating that the Director of Fiscal Services certifies that funds are available in the current capital budget, as appropriated, of the Will Rogers Memorial Complex Fund; and recommending the City Manager be authorized to increase City Secretary Contract No. 18370 with Hahnfeld Associates to $110,850.00 for the design of the Will Rogers Auditorium Renovation. Council Member Meadows advised City Council that the language of Mayor and Council Communication No. C-12986 indicated that Carter and Burgess is a subcontractor of the firm and requested permission of the City Council to abstain from voting on this item. Council Member Chappell made a motion, seconded by Council Member Woods, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C- 12986. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. r. Pat Taylor re Mr. Pat Taylor, 614 Monticello, appeared before the City Council regarding the alleged &C C-12986 mistake on the part of Hahnfeld Associates in the design of Will Rogers Auditorium Renovation. ounci l Member Council Member Puente made a motion, seconded by Council Member Woods, that ue me re M&C consideration of Mayor and Council Communication No. C-12986 be continued for one week. -12986 When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Mayor Granger NOT VOTING: Council Member Meadows &C C-12987 re ontract with There was presented Mayor and Council Communication No. C-12987 from the City Manager oungbl ood Archi - stating that Harvey Youngblood Architects was retained by the City on May 12, 1988, to ects, Inc. design the City's Cat and Bear Exhibit for a fee of $222 200.00• that g'nal the original project budget was estimated to be $1.5 million; that City Council authorized two construction contracts totaling $2,224,403.00 on May 16, 1989, by Mayor and Council Communication No. C- 11606 for the construction of the Cat and Bear Exhibit; that that exhibit now is finished and Mr. Youngblood has requested additional payment for his services; that the Director of Fiscal Services certifies that funds required for this amendment are available in the Minutes of City Council S-3 Page 216 A4 11f Tuesday, July 30, 1991 M&C C-12987 cont. treasury to the credit of the Park and Recreation Improvements Funds 23, 36 and 05; and recommending that the City Council approve a $67,528.01 fund transfer from the All Districts Unspecified, Fund 23, to the Zoological Park - General Project; approve Amendment No. 1 in the amount of $95,005.00; and authorize the City Manager to increase City Secretary Contract No. 16410 with Youngblood Architects, Inc., to $317,205.00 for the design of the Cat and Bear Exhibit. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2840 re There was presented Mayor and Council Communication No. FP -2840 from the City Manager final payment with stating that the Cat and Bear Exhibits at the Fort Worth Zoo has been completed in Architectural accordance with contract plans, specifications, and requirements; that the Director of Utilities, Inc. Fiscal Services certifies that funds required for this final payment will be available in the capital budget of the Park and Recreation Improvements Funds; and recommending that the City Council accept as complete the Cat and Bear Exhibits at the Fort Worth Zoo, and authorize final payment of $36,869.59 to Architectural Utilities, Inc. It was the consensus of the City Council that the recommendations be adopted. M&C 1 re finall payment with There was presented Mayor and Council Communication No. FP -2841 from the City Manager Architectural stating that the paving of Magnolia Avenue from 5th to 8th has been completed in accordance Utilities, Inc. with contract plans, specifications, and requirements; stating that the Director of Fiscal Services certifies that funds required for this final payment are available in the retainage account of the Street Improvements Fund; and recommending that the City Council accept as complete the paving of Magnolia Avenue from 5th to 8th and authorize final payment of $5,872.08 to Architectural Utilities, Inc. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2842 re There was presented Mayor and Council Communication No. FP -2842 from the City Manager final payment with stating that the assessment paving of Leming Street from I -35W to Papurt and Papurt Drive Austin Paving from I -35W to Leming has been completed in accordance with contract plans, specifications, Company g p and requirements; stating that the Director of Fiscal Services certifies that funds required for this final payment are available in the current capital budget, as appropriated, of the Street Improvements Fund; and recommending that the City Council accept as complete the assessment paving of Leming Street from I -35W to Papurt and Papurt Drive from I -35W to Leming; approve attached final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners of Leming Street from I -35W to Papurt and Papurt Drive from I -35W to Leming; and authorize final payment of $5,109.79 to Austin Paving Company. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2843 re There was presented Mayor and Council Communication No. FP -2843 from the City Manager final payment with stating that the channel improvements on Inwood Drive and Sarita Drive has been completed Jeske Construction in accordance with contract plans, specifications and requirements; stating that the Company Director of Fiscal Services certifies that funds required for this final payment are available in the retainage account of the Street Improvement Fund; and recommending that the City Council accept as complete the channel improvements on Inwood Drive and Sarita Drive and authorize final payment of $13,392.23 to Jeske Construction Company. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2844 re final payment with There was presented Mayor and Council Communication No. FP -2844 from the City Manager Austin Paving stating that the assessment paving of Myrtle Street from Kuroki Lane to 2,100 feet east and Company Parkway Drive from Old Hemphill to the dead end has been completed in accordance with contract plans, specifications, and requirements; stating that the Director of Fiscal Services certifies that funds required for this final payment are available in the retainage accounts of the Street Improvements Bond Fund, the Grants Fund, and the Contract Street Maintenance Fund; and recommending that the City Council accept�as complete the assessment paving of Myrtle Street from Kuroki Lane to 2,100 feet east and Parkway Drive from Old Hemphill to the dead end; approve the final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners of Myrtle Street from Kuroki Lane to 2,100 feet east; and authorize final payment of $4,546.10 to Austin Paving Company. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2845 re There was presented Mayor and Council Communication No. FP -2845 from the City Manager final payment with stating that the storm drain improvements in Marine Park and Lee Avenue has been completed Hall Albert Con- in accordance with contract plans, specifications and requirements; stating that the s truc tion Director of Fiscal Services certifies that funds required for this final payment are available in the retainage account of the Street Improvements Fund; and recommending that the City Council accept as complete the storm drain improvements in Marine Park and Lee Avenue and authorize final payment of $3,305.00 to Hall Albert Construction. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2846 re There was presented Mayor and Council Communication No. FP -2846 from the City Manager final payment to stating that the Approach Sidewalks on the North Side of the Park Hill Drive Bridge have Tarrant Bank and Randle Howard been completed in accordance with contract plans, specifications and requirements; stating that the Director of Fiscal Services certifies that funds required for this final payment are available in the current capital budget, as appropriated, of the Street Improvements Fund; and recommending that the City Council accept as complete the Approach Sidewalks on the North Side of the Park Hill Drive Bridge and authorize final payment of $351.24 jointly to Tarrant Bank and Randle Howard. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council S-3 Page 217 esu Tuesday, July 30, 1991 Zoning Hearing It appearing to the City Council that on July 16, 1991, the City Council continued the Z-91-059 hearing on proposed Zoning Ordinance Text Amendment, by amending Sections 172 and 3.A.8. to exempt school district informational signs from the requirement of the on -premise sign ordinance, Zoning Docket No. Z-91-059, from day to day and from time to time and especially to the meeting of July 30, 1991, to give every interested person or citizen opportunity to be heard, Mayor Pro tempore Webber asked if there was anyone present desiring to be heard. Mrs. Lynne Manny Mrs. Lynne Manny, representing Fort Worth League of Neighborhood Association, appeared re Z-91-059 before the City Council and presented correspondence in opposition to the proposed Zoning Ordinance Text Amendment. Council Member Chappell requested permission of the City Council to abstain from voting on Zoning Ordinance Text Amendment regarding the exemption of school district informational signs from the requirements of the on -premise sign ordinance, Zoning Docket No. Z-91-059, involving Fort Worth Independent School District. Council Member Meadows made a motion, seconded by Council Member Silcox, that Council Member Chappell be permitted to abstain from voting on Zoning Docket No. Z-91-059, proposed Zoning Ordinance Text Amendment. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Mr. Joe Bi 1 ardi re Mr. Joe Bi 1 ardi , Di rector of Devel opment, appeared before the Ci ty Counci 1 and advi sed Z-91-059 the City Council that, if the ordinance is approved, the request to permit lighted stand- alone signs or marquees to be erected on school property still would have to go before the Board of Adjustment and applicants would still have to pay the $300.00 filing fee; advised City Council that the text change was proposed by the City Zoning Commission in order to assist the PTAs and advised the City Council of the constant request for waivers of the $300.00 fee by the PTAs. Council Member Matson made a motion, seconded by Council Member Meadows, that the Zoning Ordinance Text Amendment by amending Section 17.B and 3.A.8 to exempt school district informational signs from the requirements of the on -premise sign ordinance, Zoning Docket' No. Z-91-059, be denied. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Mayor Granger NOT VOTING: Council Member Chappell Mr. Bobby Fortune, Mr. Bobby Fortune, Sr., 3404 Wayland Drive, appeared before the City Council and read Sr. re Police correspondence from Mr. James R. Teague, President of the Senior Citizens Alliance Department Wage Committee, expressing opposition to the Police Department wage charter amendment election. Charter Amendment Mr.` David Ingram Mr. David Ingram, 6200 Brookhaven, Arlington, Texas, representing the Fort Worth re circulation Police Officer's Association, appeared before the City Council and advised the City Council of petition on that on August 10, 1991, the Association will be circulating petitions to call for a maximum August 10, 1991 level of police officers to be maintained by the City of Fort Worth. Reconsider Ordi nan' a Council Member Matson made a motion, seconded by Council Member Chappell, that the on Moratorium City Council reconsider the ordinance on the moratorium which was on the City Council agenda of July 23, 1991, which had been approved as to form and legality by the City Attorney. City Attorney Adkins re Recon- City Attorney Adkins advised the City Council that the ordinance presented to the City s i der Moratorium Council last week is basically an ordinance that applies only to granting special exceptions, certificates of occupancy, or building permits for new operations that are not presently permitted; that that ordinance is included in the provisions of the ordinance that the City Council voted down today; and that, in his opinion, he saw no problem with the City Council taking action today. When the motion, that the City Council reconsider the ordinance on the moratorium on the City Council agenda of July 23, 1991, which had been approved by the City Attorney as to form and legality, was put to a vote by the Mayor, it prevailed unanimously. Council Member Council Member Matson made a motion, seconded by Council Member Chappell, that an Munson re Morator- ordinance directing the Zoning Commission and duly appointed subcommittees to conduct public hearing and to report to the City Council as expeditiously as possible its recommendations relating to the proposed amendment of the comprehensive zoning ordinance regarding conditions to be required before a special exception may be granted by the Board of Adjustment for the operation of a sand and gravel pit or other operation governed by Section 20C(2) of the Zoning Ordinance and prohibiting the granting of any special exceptions, building permits, and certificates of occupancy for new sand and gravel pits or similar operations governed by Section 20C(2) of the Zoning ordinance pending consideration by the Zoning Commission and the City Council of restrictions governing said operations be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Minutes of City Council S-3 Page 218 Tuesday, July 30, 1991 Council Member Matson introduced an ordinance and made a motion that it be adopted. Introduced an The motion was seconded by Council Member Chappell. The,motion, carrying with it the Ordinance adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox_, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The ordinance, as adopted, is as follows: ORDINANCE NO. 10887 Ordinance No. 10887 AN ORDINANCE DIRECTING THE ZONING COMMISSION TO CONDUCT PUBLIC HEARINGS AND TO REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE ITS RECOMMENDATIONS RELATING TO THE PROPOSED AMENDMENT OF THE COMPREHENSIVE ZONING ORDINANCE (APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH), REGARDING CONDITIONS TO BE REQUIRED BEFORE A SPECIAL EXCEPTION MAY BE GRANTED, RENEWED OR EXTENDED BY THE BOARD OF ADJUSTMENT FOR THE OPERATION OF A SAND AND GRAVEL PIT OR OTHER OPERATION GOVERNED BY SECTION 20C(2) OF THE ZONING ORDINANCE; PROHIBITING THE GRANTING, RENEWAL OR EXTENSION OF ANY SPECIAL EXCEPTIONS, BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY FOR SAND AND GRAVEL PITS OR SIMILAR OPERATIONS GOVERNED BY SECTION 20C(2) OF THE ZONING ORDINANCE PENDING CONSIDERATION BY THE ZONING COMMISSION AND CITY COUNCIL OF RESTRICTIONS GOVERNING SAID OPERATIONS; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE; PROVIDING FOR CULMINATION AND SUSPENSION OF OTHER ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth is a home rule municipal corporation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Charter adopted by the electorate in December 1924; and WHEREAS, under Chapter 211 of the Local Government Code, municipalities are given the power to regulate the use of land "...to secure safety from fire, panic, and other dangers..." and "...promote health and the general welfare..."; and WHEREAS, Section 211.008 of the Local Government Code authorizes the governing body of a municipality to appoint a Board of Adjustment and authorize said Board of Adjustment in appropriate cases and subject to appropriate conditions and safeguards to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with applicable rules contained in the ordinance, and Section 211.009 of the Local Government Code provides that the Board of Adjustment may hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; and WHEREAS, the City Council of the City of Fort Worth has adopted a Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth), which Zoning Ordinance provides for the appointment of a Board of Adjustment and authorization of said Board of Adjustment to grant specifically authorized special exceptions and impose conditions in connection therewith; and WHEREAS, provisions of the City's Comprehensive Zoning Ordinance regarding special exceptions for sand and gravel pits .or excavations and similar operations are currently being reviewed for the purpose of establishing conditions to improve the quality of land use control in the City of Fort Worth; and WHEREAS, the City Council desires that the Fort Worth Zoning Commission conduct public hearings and report to the City Council as expeditiously as possible its recommendations relating to proposed amendments to provisions of the Comprehensive Zoning Ordinance regulating sand and gravel pits and similar operations, included in Section 20C(2) concerning special exceptions; and WHEREAS, the current regulations governing sand and gravel pits or excavations and ,similar operations are inadequate to insure that the land subject to said operations is properly restored and that the operators give financial assurance to insure that restoration of the site will be carried out; and WHEREAS, inadequate regulations governing the operation of sand and gravel pits and similar operations within the City of Fort Worth could adversely affect the health, safety and welfare of the citizens of Fort Worth; and Minutes of City Council S-3 Page 219 'V' %11 Tuesday, July 30, 1991 WHEREAS, pursuant to the valid exercise of police powers granted to home Ordinance No. rule cities under the Constitution and laws of the State of Texas, the City 10887 cont. Council deems it imperative to adopt an ordinance prohibiting the establishment of any new sand and gravel pits or similar operations governed by Section 20C(2) of the Zoning Ordinance and prohibiting the granting, extension or renewal of special exceptions, building permits or certificates of occupancy for any new or existing sand and gravel pits or similar operations within the City of Fort Worth pending the expeditious consideration by the Zoning Commission and the City Council of amendments to the Comprehensive Zoning Ordinance to restrict such operations within the City of Fort Worth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Zoning Commission of the City of Fort Worth is hereby directed to conduct public hearings and to report to the City Council as expeditiously as possible its recommendations relating to proposed amendments to the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) restricting the operation of sand and gravel pits and similar operations in the City of Fort Worth governed by Section 20C(2) of the Zoning Ordinance. SECTION 2. That, pursuant to the valid exercise of the police powers granted to home rule cities by the Constitution and statutes of the State of Texas, the granting, extension or renewal of special exceptions for new or existing sand and gravel pits and similar operations governed by Section 20C(2) of the Zoning Ordinance as well as the issuance of certificates of occupancy or building permits in connection therewith shall be prohibited pending the expeditious consideration by the Zoning Commission and the City Council of amendments to the Comprehensive Zoning Ordinance to better regulate such operations within the City of Fort Worth. The purpose of this prohibition is to maintain the status quo within the City until such time as the question of better regulating such operations can be considered by the Zoning Commission and the City Council. SECTION 3. That all declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 4. That this ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing the same or until 120 days from the effective date of this ordinance, whichever occurs first. SECTION 5. That this ordinance shall be cumulative of the provisions of all ordinances and of the Code of the City of Fort Worth, Texas, except where provisions of this ordinance are in direct conflict with such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby suspended for the period during which this ordinance is in effect. SECTION 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. Minutes of City Council S-3 Page 220 IMet in closed or executive session Reconvened into regularlsession djourned 0301)1 0"' #,., k Tuesday, July 30, 1991 It was the consensus of the City Council that City Council meet in closed or executive session to seek the advice of its attorneys concerning pending litigation or other matters which are exempt from public disclosure by Rule 1.05, Texas Disciplinary Rules of Professional Conduct (Article X, Section 9, State Bar Rules), as follows: 1. Payment of attorneys fees in civil rights,suits 2. Crockett, Edward C. V. Officer Thorne, M. A. and Fort Worth Police Department - Case No. CA -4-91 0470-K as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with eight members present, and Mayor Granger -absent. There being no further business, the meeting was adjourned. b�� a CITY SECRETARY MAYOR Minutes of City Council S-3 Page 221