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HomeMy WebLinkAbout1991/09/03-Minutes-City Councilouncil Met embers Present Invocation ledge of llegiance linutes of August ?7, 1991, approved ;erti f i cate of tecognition to )r. Loralee Pohl Withdrew M&C P-5193 Withdrew M&C Nos. P-5197 & C-13048 Withdrew M&C C-13041 Withdrew CP -163 Consent agenda Nominated Mrs. Nancy Pollard to the Fort Worth Commission on the Status of Women (Withdrew CP -163 M&C No. CP -163 (Revised) re Regulations Appli- calbe to certain City Council Appointees and Their Departments CITY COUNCIL MEETING SEPTEMBER 3, 1991 On the 3rd day of September, A.D., 1991, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, 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 Danny Stewart, Central Christian Church. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Webber, seconded by Council Member Puente, the minutes of the meeting of August 27, 1991, were approved. A certificate of recognition were presented to former board and commission member Dr. Loralee Pohl of the Civil Service Commission. City Manager Ivory requested that Mayor and Council Communication No. P-5193 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication Nos. P-5197 and C-13048 be withdrawn from the consent agenda. Council Member Chappell requested that Mayor and Council Communication No. C-13041 be withdrawn from the consent agenda. City Manager Ivory requested that CP -163 be withdrawn from the agenda. On motion of Council Member Woods, seconded by Council Member Silcox, the consent agenda, as amended, was approved. Council Member Chappell nominated Mrs. Nancy Pollard for membership on the Fort Worth Commission on the Status of Women and made a motion, seconded by Mayor Pro tempore Webber, that Mrs. Nancy Pollard be appointed to Place 9 on the Fort'Worth Commission on the Status of Women for a term of office expiring October 1, 1993. When the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that Council Policy Proposal CP -163, Regulations Applicable to Certain City Council Appointees and their Departments be withdrawn from the agenda. There was presented Mayor and Council Communication No. CP -163 (Revised) as proposed 1by Mayor Granger, as follows: SUBJECT: REGULATIONS APPLICABLE TO CERTAIN CITY COUNCIL APPOINTEES AND THEIR DEPARTMENTS Minutes of City Council S-3 Page 336 I 33 71 Tuesday, September 3, 1991 PROPOSAL M&C No. CP -163 cont. It is proposed that the City Council adopt the attached ordinance. The ordinance would establish the following regulations concerning the City Manager, City Attorney, City Secretary, City Internal Auditor and Municipal Court Judges: 1. The City Council would annually evaluate such City Council appointees on or before September 15th of each year. 2. The annual budgets of the departments of such City Council appointees would be submitted as part of the City Manager's proposed budget and would be subject to the same administrative review as other City Departments before being reviewed by the City Council; final adoption of the budgets of these departments would be by the City Council; and these departments would also be subject to the same budgetary and fiscal control policies as other City departments. Except when otherwise provided in the City Charter or the City Code, such City Council appointees and the employees in their departments would be governed by the Personnel Rules of the City and the classification and compensation plan for City employees. LEGALITY This proposal is within the power of the City Council and there is no legal impediment to its implementation. FTCrAI NnTF The proposal does not require the expenditure of City funds. CITY MANAGER'S COMMENTS The City Manager has reviewed the proposal and has no objection to it. M&C No. CP -163 Council Member Chappell made a motion, seconded by Council Member Meadows, that CP -163 approved be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Ordinance Council Member Chappell introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10910 10910 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW SECTION 2-10, "REGULATIONS APPLICABLE TO CERTAIN APPOINTED CITY OFFICIALS AND THEIR DEPARTMENTS"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; 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. Introduced a Council Member Puente introduced a resolution and made a motion that it be adopted, Resolution as amended. The motion was seconded by Council Member Matson. 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 Minutes of City Council S-3 Page 337 Tuesday, September 3, 1991 The resolution, as adopted, is as follows: Resolution No. I) RESOLUTION NO. 1755 1755 WHEREAS, Wackenhut Corrections Corporation has applied for and received a contract to operate an Intermediate Sanction Facility at 4800 Blue Mound Road; and WHEREAS, said Intermediate Sanction Facility is located in what is known as "Building Two" containing approximately 130,000 square feet, subleased from Fruehauf Trailer Corporation to Wackenhut Corrections Corporation; and WHEREAS, this City Council has previously adopted Resolution No. 1738 expressing its concern regarding the public hearing process followed in connection with the Intermediate Sanction Facility and urging that legitimate community concerns be addressed through a full, fair and open hearing process; and WHEREAS, representations have been made by the representatives of Wackenhut Corrections Corporation concerning the level and type of activities which will be conducted pursuant to its contract with the State to operate the Intermediate Sanctions Facility; and WHEREAS, such representations have been relied upon by the City Council and others within the community; and WHEREAS, the contract between Wackenhut Corrections Corporation and the Texas Department of Criminal Justice, Pardons and Paroles Division, provides for the use only of 50 percent of Building Two for the housing of low-risk parole violators with a maximum daily prisoner population not to exceed 400 persons within a secure facility; and WHEREAS, the City of Fort Worth has a significant interest in the utilization of the property located at 4800 Blue Mound Road because the City of Fort Worth will receive full legal title to said property in 1996; NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WORTH: Expresses its opposition to any facility or population expansion of the Wackenhut Corrections Corporation Intermediate Sanctions Facility at 4800 Blue Mound Road beyond the use of 50 percent of Building Two located on the premises, the maximum daily prisoner population not to exceed 400 persons and beyond the five year term of the sublease agreement between Fruehauf Trailer Corporation and Wackenhut Corrections Corporation. The City Council would further direct the City Manager to transmit a true and correct copy of this resolution to the Pardons and Paroles Division of the Texas Department of Criminal Justice and other appropriate State agencies. The City of Fort Worth requests the Pardons and Paroles Division of the Texas Department of Criminal Justice to closely monitor the current facility operation and carefully evaluate any contract existing between the Pardons and Paroles Division of the Texas Department of Criminal Justice and Wackenhut Corrections Corporation. Mr. Clemente Dela Mr. Clemente De La Cruz, Chairman of the Fort Worth Human Relations Commission, Cruz re regarding appeared before the City Council and expressed opposition to the Tarrant County jail gay inmates identification process by which gay inmates are identified by a specific color wristband. Mr. Thomas Bruner Mr. Thomas Bruner, representing the Tarrant County Gay Alliance, appeared before the re regarding gay inmates City Council and expressed opposition to the Tarrant County jail identification process and requested that the City Council conduct an immediate investigation into the matter, and advised the City Council that the practice, in his opinion, is discriminatory and must be stopped. Mayor Granger advised Mr. Bruner that the City Council would look into the matter. M&C OCS-327 re Liability Bonds There was presented Mayor and Council Communication No. OCS-327 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: Parkway Contractors Bonds W.F. Carter Construction, Inc. Russell Wolfe Insurance Company Contractors Bonding and Insurance Company Lawyers Surety Corporation M&C OCS-327 adoptelIt was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 338 Tuesday, September 3, 1991 M&C OCS-328 re There was presented Mayor and Council Communication No. OCS-328 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: Wayman Dean Yates 1. Claimant: Wayman Dean Yates Date Received: August 22, 1991 Date of Incident: May 13, 1991 Location of Incident: Heading North on Hwy 35/ By Mixmaster I-20 Estimate of Damages/ Injuries: $292.42 - $298.77 Nature of Incident: Claimant alleges damages to vehicle as result of being struck by rock falling from City -owned vehicle. Dewey Everette Isoi 2. Claimant: Dewey Everette Isom Date Received: August 22, 1991 Date of Incident: August 19, 1991 Location of Incident: Undeclared Estimate of Damages/ Injuries: $384.58 Nature of Incident: Claimant alleges damages to vehicle as result of actions of driver of Water Department truck. Mauntatip Boontam 3. Claimant: Mauntatip Boontam Date Received: August 26, 1991 Date of Incident: June 21, 1991 Location of Incident: 7200-7300 South Freeway Estimate of Damages/ Injuries: $119.69 - $111.41 Nature of Incident: Claimant alleges damages to vehicle as result of hitting sign laying on access road. Michael L. Dietric 4. Claimant: Michael L. Dietrich Date Received: August 26, 1991 Date of Incident: August 13, 1991 Location of Incident: Main & 6th Street Estimate of Damages/ Injuries: $1,276.94 - $1,386.84 Nature of Incident: Claimant alleges damages to vehicle as result of collision with City -owned vehicle. lvina Turner Hill 5. Claimant: Alvina Turner Hill Date Received: August 27, 1991 Date of Incident: June 27, 1991 Location of Incident: 600 W. Freeway Estimate of Damages/ Injuries: $2,500.00 Nature of Incident: Claimant alleges damages to vehicle as result of collision. ngela Haney 6. Claimant: Angela Haney Date Received: August 28, 1991 Date of Incident: August 19, 1991 Location of Incident: Little Peoples Park Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries to daughter as result of daughter falling from "Monkey bars". onzie R. Hebert 7. Claimant: Donzi R. Hebert Date Received: August 27, 1991 Date of Incident: July 20, 1991 Attorney: Bird & Skibell, P.C. Location of Incident: Parking lot of American Eagle Airlines, Terminal 2E, DFW Airport Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as result of stepping off of a curb. &C OCS-328 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-329 There was presented Mayor and Council Communication No. OCS-329 from the Office of the orrespondence from r. Don Worsham City Secretary recommending that correspondence from Mr. Don Worsham, 6824 Meadowcreek Road, regarding the proposed assessment for the street re -paving assessment of Bird Street from North Sylvania Avenue to North Riverside described as Lot 1, Block 1, T.J. Bird, be referred to the Office of the City Manager. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 339 Tuesday, September 3, 1991 Benefit Hearing It appearing to the City Council that the City Council on July 30, 1991, set today as the date for the benefit hearing in connection with the assessment paving of Cantey Street from Hemphill Street to St. Louis Avenue and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on August 7, 8, and 9, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha LundayMrs. Martha Lunday, representing the Department of Transportation and Public Works, re BH -0064 appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is -specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0064, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CANTEY STREET FROM HEMPHILL STREET TO ST. LOUIS AVENUE (PROJECT NO. 67-040252) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Cantey Street from Hemphill Street to St. Louis Avenue. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Cantey Street from Hemphill Street to St. Louis Avenue. The street is in the Worth Heights Target Area and a portion has previously been constructed to City standards. Community Development Block Grant (CDBG) Funds will provide a portion of the construction cost. One and two-family residences are not assessed. Cantey Street will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On July 30, 1991 (M&C G-9245), the City Council established September 3, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost $ 11,378.90 ( 8%) City's share of cost $130,158.40 ( 92%) Total cost $141,537.30 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council DISTRICT 9. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Cantey Street from Hemphill Street to St. Louis Avenue, Council Member Chappell made a motion, seconded by Council Member Woods, that the hearing be closed and the assessments levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member 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: Minutes of City Council S-3 Page 340 Tuesday, September 3, 1991 ORDINANCE NO. 10911 Ordinance No. 10911 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CANTEY STREET FROM HEMPHILL STREET TO ST. LOUIS AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that the City Council on July 30, 1991, set today as the date for the benefit hearing in connection with the assessment paving of Hale Avenue from Irion Street to Moore Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on August 7, 8, and 9, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public Works, re BH -0065 appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0065, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HALE AVENUE FROM IRION STREET TO MOORE STREET (PROJECT NO. 67-040232) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Hale Avenue from Irion Street to Moore Street. DISCUSSION: The 1986 Capital Improvement Program included funds for the improvement of Hale Avenue from Irion Street to Moore Street. The street is in the Diamond Hill Target Area and has never previously been constructed to City standards. Community Development Block Grant (CDBG) Funds will provide a portion of the construction cost. One and two-family residences are not assessed. Hale Avenue will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on the plans. On July 30, 1991 (M&C G-9246), the City Council established September 3, 1991, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. An independent appraiser has provided a report that documents the enhancement to property values which results from the improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the division of estimated construction cost is: Property owners' share of cost City's share of cost Total cost $ 600.00 ( 1%) $97,960.00 ( 99%) $98,560.00 (100%) There are no unusual situations on this project that require special City Council consideration. The project is in Council District 2. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Hale Avenue from Irion Street to Moore Street, Council Member Puente made a motion, seconded by Council Member Woods, that the hearing be closed and assessments levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council S-3 Page 341 43 I Tuesday, September 3, 1991 Council Member Puente introduced an ordinance and made a motion that it be adopted. Introduced a n The motion was seconded by Council Member Woods. The motion, carrying with it the adoption Ordinance ce 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. 10912 10912 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF HALE AVENUE FROM IRION STREET TO MOORE STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-9279 re There was presented Mayor and Council Communication No. G-9279, dated August 27, 1991, cont. for two weeks from the City Manager stating that the Southwestern Exposition and Livestock Show requests the temporary closing of 3200, 3300, and 3400 blocks of Crestline Road; that affected City departments have reviewed the 1992 request and do not object to the closing, provided that adequate access is reserved for, emergencies; that the City Council authorized the Southwestern Exposition and Livestock Show to operate the Harley Street parking lot located at the corner of Harley and Montgomery Streets beginning in 1989, on behalf of the City; that the rates charged are the same as other parking fees charged during the Show, and the City will receive 50 percent of the net parking revenue from the Harley Street lot; that the Public Events Department will be responsible for collection and deposit of this parking fee revenue; and recommending that the City Council approve the closure of Crestline Road from Harley to Gendy from January 14 through February 4, 1992, as requested by the Southwestern Exposition and Livestock Show for the Annual Stock Show, and Rodeo and authorize the Southwestern Exposition and Livestock Show to operate the Harley Street parking lot during the 1992 Show. Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9279 be continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9282 recon- I Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor side red and Council Communication No. G-9282 be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9282 re I There was presented Mayor and Council Communication No. G-9282 from the City Manager, Airport Layout P1n I as follows: SUBJECT: AIRPORT LAYOUT PLAN (ALP) REPORT AND GRANT PRE -APPLICATIONS -FORT WORTH ALLIANCE AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to submit: 1. The Alliance Airport Layout Plan (ALP) Report, and 2. The Alliance Airport Preliminary Applications for federal assistance to the Federal Aviation Administration DISCUSSION: On July 15, 1991 and August 8, 1991, Pinnacle Air Services, Inc. formally transmitted documents pertaining to the Runway Extension and Development Program for the Alliance Airport, to the City Manager's Office. These documents include: 1. Airport Layout Plan (ALP) report containing the rationale and description of the proposed improvements. 2. Airport Layout Plan (ALP) drawings depicting the proposed improvements. Minutes of City Council S-3 Page 342 13'1a Tuesday, September 3, 1991 M&C G-9282 cont. 11 3. Two Pre -applications for Federal Assistance for the proposed improvements. 4. A copy of the July 1, letter from Hugh Lyon, Assistant Manager, Airports Division of the Federal Aviation Administration, expressing positive review of the Purpose and Needs Statement. 5. Aviation Demand Forecast and Airport Layout Plan (ALP) drawings submitted to Mr. Lyon on May 31, 1991. Alliance Airport creates the opportunity for the Alliance corridor to become an international trade center. A comprehensive development program has been established that will provide for upgrading Alliance Airport from a domestic airport to an international airport. A summary of airfield improvements and associated costs are attached. The cost allocations are as follows: Pre -application (No. 1) Phase I Phase II Federal $ 73,137,375 $30,005,516 City $ 8,126,375 $ 3,333,946 Sub -Total $ 81,263,750 $33,339,462 Total $114,603,212 Pre -application (No -2) Federal $4,291,948 City 476,883 Total $4,768,831 The Aviation Advisory Board at its August 15, 1991 meeting recommended City Council acceptance of the Alliance Airport Layout Plan Report and submittal of the Alliance Airport Preliminary Applications to the Federal Aviation Administration. At the time this project is authorized for federal funding by the Federal Aviation Administration, any necessary fiscal requirements will be submitted to the City Council for consideration. Council Member Matson disqualified himself from voting on Mayor and Council Communication No. G-9282 due to a family relationship involving American Airlines. Council Member Chappell made a motion, seconded by Council Member Meadows, that the City Manager be authorized to submit an application only for Taxiway "H" and continued for three weeks the Airport Layout Plan Report and Alliance Airport Preliminary application for Federal assistance, as contained in Mayor and Council Communication No. G-9282. 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, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Matson M&C, G-9284 re There was presented Mayor and Council Communication No. G-9284 from the City Manager settlement of stating that employees on July 12, 1991, found that the Meadowbrook Branch Library had been claim at Meadow- vandalized and burglarized; that the City of Fort Worth Police Department was notified and brook Branch an offense/incident report was entered July 13, 1991; that the loss is covered under the Library City's Fire and Extended Coverage Insurance program of self insurance which includes theft coverage for losses in excess of a $500.00 deductible per occurrence; stating that the Director of Fiscal Services certifies that money required for.this transaction is available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council approve the transfer of $8,203.00 from the Property and Casualty Insurance Fund to the General Fund and adopt a supplemental appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $8,203.00 from increased revenues. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Woods introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council S-3 Page 343 Tuesday, September 3, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10913 10913 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND, CENTRAL LIBRARY, IN THE AMOUNT OF $8,203.00, SAID FUNDS TO BE USED FOR THE SETTLEMENT OF A CLAIM AT THE MEADOWBROOK BRANCH LIBRARY; 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-9285 re There was presented Mayor and Council Communication No. G-9285 from the City Manager water main replace recommending that a work authorization be authorized in accordance with AR3-3 for the water me n t main replacement by City forces in Ewing Street from Warren Drive to Fairfax Street for a total estimated project cost of $67,120.05; and stating that the Director of Fiscal Services certifies that funds required for this project are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9286 re There was presented Mayor and Council Communication No. G-9286 from the City Manager Hispanic Heritage stating that General Worth Square has been the site of the annual Fiesta in the Park Week Celebration National Hispanic Heritage Week Celebration to benefit scholarship funds; that this year's festival would begin before noon on September 6 and 7, 1991, and continue until 12:30 a.m. both days; that the admission fee for ages seven to 12 will be $2.00 per person, adults (over 12) will be $4.00, and children ages six and younger will be admitted free; that Fiesta in the Park would pay the City the standard fees of $1,000.00 plus ten percent of admission fees and fees for use of festival equipment such as stages and ticket booths; that use of the site would be subject to the same conditions as similar festivals; stating that the Facilities Division of the Park and Recreation Department is responsible for collection of these funds due the City for deposit to the General Fund; and recommending that the City Council permit the Fiesta in the Park to advertise corporate sponsors and to charge admission fees not to exceed $4.00 per person at a Hispanic Heritage Week Celebration at General Worth Square on September 6 and 72 1991. It was the consensus of the City Council that the recommendation be adopted. M&C G-9287 re There was presented Mayor and Council Communication No. G-9287 from the City Manager Signatory Agent stating that Federal and State wastewater system construction grant regulations require a designated Signatory Agent for each grantee to sign all official grant forms; and that the City Manager was designated as the Signatory Agent for the City by Mayor and Council Communication No. G-8269, approved on October 17, 1989; that, to facilitate management of this grant program, it is requested that the Assistant City Manager be authorized to sign official grant forms in addition to the City Manager; and recommending that the City Council authorize the City Manager, or his duly authorized representative (Assistant City Manager), to be designated as the City's Signatory Agent for administration of,federal grant funding, and that the Mayor be authorized to sign a resolution attesting to the above designation. It was the consensus of the City Council that the recommendations be adopted. Introduced a Council Member Woods introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Minutes of City Council S-3 Page 344 Tuesday, September 3, 1991 Resolution No.II RESOLUTION NO. 1756 1756 WHEREAS, the City of Fort Worth deem it necessary and proper to apply for Federal grant assistance under the Federal Water Pollution Control Act and the rules and regulations pursuant thereto. NOW, THEREFORE, BE IT RESOLVED by the above-named Applicant that Mike Groomer, Assistant City Manager, as the Signatory Agent of the Applicant, or the successor of said Agent, is hereby authorized and directed to make application for grant assistance under the Federal Water Pollution Control Act and the rules and regulations pursuant thereto, specifically 40 CFR § 30.315-1 or § 30.303; and to sign the acceptance of the grant assistance, when made, and any other documents required to complete the project, on behalf of the above-named Applicant. M&C G-9288 re There was presented Mayor and Council Communication No. G-9288 from the City Manager reappointments to recommending that the City Council confirm his reappointments of Mr. Dorland Carol Shelton the Construction to Place 1, Mr. G. Scott Adams to Place 5, Mr. Robert J. Kinkel to Place 7, his appointments and Fire Preven- tion Board of of Mr. Joseph C. Smith to Place 3, and Mr. Jim Ashworth to Place 9 on the Construction and Appeals Fire Prevention Board of Appeals with terms of office expiring October 1, 1993. It was the consensus of the City Council that the recommendation be adopted. M&C G-9289 re settlement of all There was presented Mayor and Council Communication No. G-9289 from the City Manager claims of George stating that the City in 1985 accepted a dedication by a developer in 1985 of 24,761 square H. Anderson feet of land for the improvements to Old Decatur Road near the intersection of Cromwell Marine Creek Road; that, in addition, the developer dedicated 150,057 square feet of land for the installation of various sanitary sewer lines that were needed for development of the area north of Cromwell Marine Creek Road; that the developer had acquired the site from Mr. George H. Anderson under a mortgage and deed of trust financed by Mr. Anderson which required Mr. Anderson's approval before making the dedications; that the City did not know the dedicated land was encumbered by the mortgage and deed of trust; that the developer dedicated the property in violation of the deed of trust; that the City made valuable public improvements to the lands dedicated by the developer; that Old Decatur Road was expanded and reconstructed to accommodate increased traffic and, in addition, over 3,000 feet of sanitary sewer lines were installed and now provide sanitary sewer service to City residences; that the developer failed to pay the mortgage, and Mr. Anderson foreclosed on his deed of trust in October 1989 and took back the land subject to the dedications; that Mr. Anderson learned of the dedications in February 1991 and asked the City either to return ownership to him of the dedicated lands unencumbered with improvements, or to purchase easements on the land at fair market value; that, after lengthy discussions, negotiations, and considerations, the Departments of Transportation and Public Works, Water, and Law recommend purchase of the necessary easements from Mr. Anderson for both the dedicated road right-of-way and the dedicated sanitary sewer lines; stating that the Director of Fiscal Services certifies that funds required for this claim are available in the current capital budgets of the Street & Related Improvements Capital Fund and the Sewer Capital Projects Fund; and recommending that the City Council authorize the City Manager to settle all claims of George H. Anderson for $28,524.96 in return for Mr. Anderson's dedication of a 24,761 square foot right-of-way along Old Decatur Road and 150,057 square feet of sanitary sewer easements and accept from Mr. Anderson easements of his interest in the land dedicated for the road right-of-way and the land dedicated for installation of the sanitary sewer lines. It was the consensus of the City Council that the recommendations be adopted. M&C, G-9290 re There was presented Mayor and Council Communication No. G-9290 from the City Manager increase positions recommending that the City Council adopt an ordinance temporarily increasing the total in Police Depart- number of authorized Police Department Corporal positions from 169 to 170; stating that the men t Director of Fiscal Services certifies that funds required for this position are available in the current operating budget of the General Fund. On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was 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 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: Minutes of City Council S-3 Page 345 Tuesday, September 3, 1991 Ordinance No . ORDINANCE NO. 10914 10914 11 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE POLICE DEPARTMENT; AUTHORIZING ONE TEMPORARY OVERAGE CORPORAL/DETECTIVE POSITION; EXPRESSING THE CLEAR INTENT TO DELETE SAID OVERAGE POSITION AT A LATER DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT HEREBY KNOWN: WHEREAS, the Police Chief has requested the City Council to temporarily readjust and thereafter specify the total authorized number of positions at each rank in the Police Department for the remainder of the 1990-1991 fiscal year; and WHEREAS, the most recent ordinance concerning the authorized and budgeted positions for the Police Department adjusted the Department civil service staffing as follows: Deputy Chiefs 5 Captains 12 Lieutenants 42 Sergeants 105 Corporal/Detectives 169 Police Officers 649 WYA WHEREAS, the Chief of Police now requests -the Council to adjust the authorized number of Police Department civil service positions into conformity with the proposed changes as set forth immediately below in order to effect efficient economy of the operations of the City's municipal services; and WHEREAS, the specification and authorization of the correct number of budgeted civil service positions is now a necessity and is required by law to be established by ordinance; NOW, THEREFORE, 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-9291 re There was presented Mayor and Council Communication No. G-9291 from the City Manager refund of tax stating that the Texas Property Tax Code requires that a taxpayer must request a refund for overpayments tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of Fiscal Services has verified erroneous payments or overpayments were made and recommends refund, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0076-19-07 LOT 22 BLK 7 SIMMONS FIRST NAT. $1,257.60 1990 TAXES EASTBROOK ADD BANK (CITY & SCHOOL) (TAXES OVERPAID) 0288-00-75 LOT 25 BLK 15 NIVER, JENNY 1,354.45 1989 TAXES SOUTH RIDGE ADD (CITY & SCHOOL) TAXES PAID TWICE 0351-85-58 LOT 20 BLK 7 N C N B MORTGAGE CO. 1,995.63 1990 TAXES WHITE LAKE HILLS (CITY & SCHOOL) TAXES PAID TWICE 0546-55-83 LOT 11 BLK 128 TRINITY WESTERN TITLE CO. 563.52 1989 TAXES SUMMERFIELDS ADD #1F (CITY ONLY) TAXES PAID TWICE TOTAL $5,171.20 Mayor Pro tempore Webber disqualified herself from voting on Mayor and Council Communication No. G-9291 because of a conflict of interest involving NCNB Bank. Minutes of City Council S-3 Page 346 Tuesday, September 3, 1991 M&C G-9291 cont. 11 Council Member Chappell disclosed a credit interest involving NCNB Bank. Council Member Silcox disclosed a contract with NCNB Bank. City Attorney Adkins advised City Council Member Silcox that he was not disqualified from voting on Mayor and Council Communication No. G-9291. Council Member Meadows made a motion, seconded by Council Member Silcox, that the recommendation, as contained in Mayor and Council Communication No. G-9291, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber M&C G-9292 re There was presented Mayor and Council Communication No. G-9292 from the City Manager, outside legal as follows: counsel in civil rights cases SUBJECT: PAYMENT OF FEES FOR OUTSIDE LEGAL COUNSEL IN CIVIL RIGHTS CASES RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution increasing by $225,268.09 the amount authorized to be paid to Gary Ingram for his services in representing the City in civil rights cases. nTgrt1ggT0N- The City Council has previously authorized the City Attorney to retain Gary Ingram and the law firm of Law, Snakard and Gambill to consult with and assist in representing the City in federal civil rights litigation (M&C C-8476 and C- 9677). The City Council has been given periodic updates concerning the status of the extensive civil rights litigation to which the City is a party. These suits include several cases brought under 42 U.S.C.A. §1983, Title VII of the Civil Rights Act of 1964 and other statutes. Mr. Ingram has recently submitted his bill in the amount of $175,268.09 to the City for services which he has rendered to the City in nine cases through June 30, 1991. The majority of these services were performed in 1990 and 1991. Some services were also performed between 1986 and 1990. The City Attorney has reviewed Mr. Ingram's bills, finds the charges to be reasonable and necessary and recommends that the bills be paid. In addition, City Council was previously advised that Mr. Ingram is continuing to represent the City in six cases that are still pending. It is anticipated that an additional $50,000.00 will be required to pay Mr. Ingram for continuing to represent the City in these cases. Since these cases involve the Police Department it is recommended that the expenditure be made in this department. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that money required for this expenditure is available in the current budget of the General Fund, Police Department. Funds were not budgeted for this expense but are available through savings in other contractual services. Council Member Meadows made a motion, seconded by Council Member Mayor Pro tempore Webber, that the recommendation, as contained in Mayor and Council Communication No. G-9292, 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 McCray, 11 Woods, Meadows, and Chappell NOES: Council Member Puente, Silcox, and Matson ABSENT: None Introduced a Council Member Meadows 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 347 I) Y Tuesday, September 3, 1991 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members McCray, Woods, Meadows, and Chappell NOES: Council Members Puente, Silcox, and Matson ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1757 1757 WHEREAS, the City Council has heretofore approved Mayor and Council Communication Nos. C-8476 and C-9677 retaining Gary Ingram and the firm of Law, Snakard and Gambill as outside legal counsel to assist the City Attorney in representing the City of Fort Worth in various civil rights cases; and WHEREAS, Mr. Ingram has presented to the City his statement of fees in the amount of $175,268.09 for services rendered to the City in nine civil rights cases through June 30, 1991; and WHEREAS, it is estimated that an additional $50,000.00 will be required to pay Mr. Ingram for continuing to represent the City in six cases that are still pending; and WHEREAS, it is necessary that an additional sum of $225,268.09 be authorized by resolution to be paid to Mr. Ingram and the firm for his services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the compensation to be paid to Gary Ingram and the firm of Law, Snakard and Gambill for Mr. Ingram's services is increased by the sum of $225,268.09. M&C P-5183 re There was presented Mayor and Council Communication No. P-5183 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to supply backfill sand with Double B to the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds Materials required for the anticipated expenditures of each department eligible to participate in this agreement are available in the appropriate funds; and recommending that the purchase agreement be authorized with Double B Materials on its low bid of $3.45 per cubic yard; and that all departments be authorized to participate in the agreement, if needed, with term of agreement to begin October 2, 1991, and end October 1, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5184 re purchase agreement There was presented Mayor and Council Communication No. P-5184 from the City Manager with Johnson stating that a purchase agreement was authorized on July 18, 1989, by Mayor and Council Yokogawa Corpora- Communication No. P-3594 with Johnson Yokogawa Corporation for fuel system maintenance for tion one year with option to renew for one additional y p year; that the option to renew was exercised by Council on December 18, 1990, by Mayor and Council Communication No. P-4628; that the bid evaluation, recommendation, and implementation of the new system will take several months to complete; that new bids for maintenance would be costly and short-lived with the new system to be installed; 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 City Council authorize the amendment of Mayor and Council Communication No. P-4628 for a purchase agreement with Johnson Yokogawa Corporation for fuel system maintenance for the City Services Department to extend the expiration date to July 18, 1992, or until the new fuel system is installed, whichever comes first. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5185 re There was presented Mayor and Council Communication No. P-5185 from the City Manager purchase from stating that equipment number 233-0080 is a 1977 Oshkosh fire truck with a 1693 Caterpillar Darr Equipment engine; that the engine recently underwent major repairs but the problem was not resolved; Company that the engine is antiquated and replacement parts are not readily available; that Darr Equipment Company has located a rebuilt block in Montana; that the cost to ship the block, install some new components, and reuse other parts. from the existing engine will cost $8,600.00; that the truck is the only crash rescue truck at Meacham Airport; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the Equipment Services Operating Fund; and recommending that the City Council confirm the emergency purchase of an engine and installation from Darr Equipment Company for the City Services Department for an amount not to exceed $8,600.00, plus freight. It was the consensus of the City Council that the recommendation be adopted. &C, P-5186 re There was presented Mayor and Council Communication No. P-5186 from the City Manager urchase from stating that the repair of Equipment Number 147-0158, a 1990 Chevrolet Caprice, mainly a rry McKinney involved repair of burn damage to the unit as well as collision damage; that the invitation to bid was mailed to 19 prospective bidders but, because of the uniqueness of the damage, only one response was received; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the purchase of repair services from Garry McKinney Toyota for the City Services Department be authorized for an amount not to exceed $5,937.48. It was the consensus of the City Council that the recommendation be adopted. &C. P-5187 re There was presented Mayor and Council Communication No. P-5187 from the City Manager urchase agreement stating that the City Council authorized a purchase agreement on December 6, 1990, by Mayor ith Bruckner Truc and Council Communication No. P-4610 with Bruckner Truck Sales to furnish genuine Mack truck ales Minutes of City Council S-3 Page 348 34q Tuesday, September 3, 1991 M&C P-5187 cont. parts for a period of one year with options to renew for two additional one-year periods; that the vendor has agreed to hold the quoted discounts for an additional year and the City Services Department, Equipment Services Division, has requested that the option to renew be exercised; stating that the Director of Fiscal Services certifies that funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Council exercise the option to renew the purchase agreement with Bruckner Truck Sales to furnish genuine Mack truck parts to the City Services Department for one additional year, with term of agreement to begin December 19, 1991, and end December 18, 1992, with one additional one-year option to renew. It was the consensus of the City Council that the recommendations be adopted. M & C P-5188 re There was presented Mayor and Council Communication No. P-5188 from the City Manager purchase agreement submitting a quotation for a one-year purchase agreement to provide Scott Breathing with Koetter Fire apparatus repair parts for the Fire Department; stating that the Director of Fiscal Services Protective Service certifies that funds required for this anticipated expenditure during the 1990-91 fiscal Company year are available in the current operating budget, as appropriated, in the General Fund, and the funds required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the purchase agreement be authorized with Koetter Fire Protective Service Company at a 21 percent discount from manufacturer's published list price for a total not to exceed $15,000.00 net f.o.b., Fort Worth, with term of agreement to begin September 1, 1991, and end August 31, 1992, with a one-year renewal option. It was the consensus of the City Council that the recommendations be adopted. M&C P-5189 re There was presented Mayor and Council Communication No. P-5189 from the City Manager purchase from submitting a tabulation of bids received for the purchase of continuous forms for the McGregor Printing Information Systems and Services Department; stating that the Director of Fiscal Services Corporation certifies that funds required for these expenditures are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase be made from McGregor Printing Corp., OEI Business Forms, Mastercraft Business Forms, and Metroplex Marketing for a total amount of $9,982.50. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5190 re There was presented Mayor and Council Communication No. P-5190 from the City Manager agreement with submitting a tabulation of bids received for an agreement to provide drink vending machines Pro Vending Companj and services for the Central Library; stating that revenues generated by this agreement will be deposited in the Library's revenue account, in the General Fund; and recommending that the agreement be authorized for the Central Library with Pro Vending Company at 33 percent of gross receipts collected, and snack machines and services at 21 percent of gross receipts collected with term of agreement to begin October 1, 1991, and end October 1, 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-5191 re There was presented Mayor and Council Communication No. P-5191 from the City Manager purchase from stating that the Meadowbrook Branch of the Fort Worth Library System was burglarized on July Dynix, Inc. 12, 1991, and three computer terminals, two laser scanners, one lightpen, and one printer were removed; that the cost to replace this equipment is $7,903.00; that Dynix, Inc., is the sole source for this equipment under the terms of City Secretary Contract No. 17965, approved by City Council under Mayor and Council Communication No. C-12417 on July 12, 1990; 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 General Fund; and recommending that the City Council authorize the purchase of computer equipment from Dynix, Inc., for $7,903.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5192 re There was presented Mayor and Council Communication No. P-5192 from the City Manager agreement with proposing a radar repair agreement for the Police Department, Traffic and Patrol Divisions, Theta Laboratories to maintain approximately 101 handheld radar equipment that are out of warranty; stating that the Director of Fiscal Services certifies funds required for the anticipated expenditure during the 1990-91 Fiscal Year are available in the appropriate fund, and the money required for the 1991-92 Fiscal Year will be included in the proposed budget; and recommending that the City Council exercise its first annual option to renew the agreement for radar equipment repair with Theta Laboratories at $40.00 per hour for labor and parts at manufacturer's list price f.o.b., Dallas, Texas; and authorize all departments to participate in the agreement, if needed, with term of agreement beginning July 17, 1991, and ending July 16, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5193 re There was presented Mayor and Council Communication No. P-5193 from the City Manager purchase from Frani stating that Equipment Number 165-0045, a 1991 Cadillac, leased from Frank Kent Cadillac, Kent Cadillac, Inc Inc., was involved in an accident; that, because of the terms of the lease agreement, it was decided to return the car to that vendor for repairs; that repairs have been completed and the cost is $6,938.85; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the Equipment Services Operating Fund; and recommending that the City Council confirm the purchase of repair services from Frank Kent Cadillac, Inc., for the City Services Department for an amount not to exceed $6,938.85. Mr. Jack Tollett Mr. Jack Tollett, 1144 Clara Street, appeared before the City Council and asked Mayor re M&C, P-5193 Granger if her use of the Cadillac was reported as compensation. City Attorney City Attorney Adkins advised Mr. Tollett that the car was leased from Frank Kent Adkins re M&C Cadillac for $1.00 per year to be used by the Mayor on official City business. P-5193 Council Member McCray made a motion, seconded by Council Member Puente, that Mayor and Council Communication No. P-5193 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council S-3 Page 349 3535 Tuesday, September 3, 1991 M&C P-5194 re There was presented Mayor and Council Communication No. P-5194 from the City Manager elevator and stating that the maintenance and repair of specified City -owned elevators and escalators for maintenance ser- the Transportation and Public Works Department was authorized on May 14, 1991, by Mayor and vice Council Communication No. P-4967; that, since July 1991, a hydraulic freight elevator has become operable again after a long period of inactivity and requires maintenance and repair service; that it is anticipated, during the term of this agreement, additional units will be installed and will require maintenance and repair service; that it is more practical and expeditious for the City of Fort Worth to allow the same vendor to coordinate and perform this repair service rather than contracting this work separately to multiple vendors; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the General Fund; and recommending that the City Council amend Mayor and Council Communication No. P-4967 approved on May 14, 1991, to include elevator maintenance and repair service for one additional hydraulic freight elevator located in the Chemical Building of the Rolling Hills Water Treatment Plant at a monthly cost of $140.00 and authorize the addition of subsequent elevators and escalators which may be installed at a later date during the term of this agreement due to expansion by the City of Fort Worth. It was the consensus of the City Council that the recommendations be adopted. M&C, P-5195 re There was presented Mayor and Council Communication No. P-5195 from the City Manager purchase from Blue submitting a tabulation of bids received for the purchase of traffic signal wire for the bonnet Supply Transportation and Public Works Department; stating that the Director of Fiscal Services gate certifies that funds required for this expenditure are available in the General Fund; and recommending that the purchase be made from Bluebonnet Supply on its low bid meeting City specifications of $11,359.00, net f.o.b., Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5196 re There was presented Mayor and Council Communication No. P-5196 from the City Manager purchase from submitting a tabulation of bids received for the purchase of telescopic transition sleeves Atlas Utility for the Water Department; stating that the Director of Fiscal Services certifies that funds Supply required for this purchase agreement are available in the Water and Sewer Fund; and recommending that the purchase be made from Atlas Utility Supply on its low bid of $5,271.00 less ten percent 30 days discount for an adjusted bid of $4,743.90 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5197 re There was presented Mayor and Council Communication No. P-5197 from the City Manager purchase from submitting a quotation received for the outright purchase of a page image printer for the Siemens Nixdorf Water Department; stating that the Director of Fiscal Services certifies that funds required gate for the anticipated expenditure during the 1990-91 fiscal year are 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; and recommending that the purchase be made from Siemens Nixdorf for an amount of $75,000.00 f.o.b. delivered; and that an annual maintenance agreement be authorized with four one-year options to renew for $12,120.00 per year; and that a use and consumable supplies charge be authorized not to exceed $700.00 per month. Mr. Judson Bailiff Mr. Judson Bailiff, Director of the Finance Department, advised the City Council that re M&C P-5197 the locked box arrangement provided rapid deposit and was more efficient. Council Member Silcox made a motion, seconded by Council Member Mayor Pro tempore Webber, that Mayor and Council Communication No. P-5197 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-5198 re There was presented Mayor and Council Communication No. P-5198 from the City Manager purchase with submitting a tabulation of bids received for a purchase agreement for concrete meter boxes Brooks Products for the City of Fort Worth; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the General Fund and the Water and Sewer Fund; and recommending that the purchase agreement be authorized with Brooks Products on its low bid meeting City specifications of $123,750.00 net, f.o.b. Fort Worth, Texas, with term of agreement to begin August 27, 1991, and end August 26, 1992. On motion of Council Member Puente, seconded by Council Member Woods, the recommendations were adopted. M&C P-5199 re There was presented Mayor and Council Communication No. P-5199 from the City Manager purchase agreement stating that the City Council authorized a purchase agreement with La Farge Corporation on with Pioneer Aggre May 7, 1991, by Mayor and Council Communication No. P-4931 to furnish fine concrete sand on gate low bid of $7.32 per ton; that the sample submitted by La Farge Corporation during the bid evaluation passed bid specifications but since the award, La Farge has been unable to supply a fine concrete sand that meets minimum specifications; that a sample was requested from the second low bidder, Pioneer Aggregate and the sample met specifications; that staff recommends the purchase agreement with La Farge Corporation be canceled and a new agreement awarded to the second low bidder, Pioneer Aggregate; stating that the Director of Fiscal Services certifies that money required for this anticipated expenditure during the 1990-91 fiscal year is available, as appropriated, and the money required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the City Council authorize the cancellation of the purchase agreement with La Farge Corporation to furnish fine concrete sand to the City of Fort Worth and authorize a purchase agreement with Pioneer Aggregate to furnish fine concrete sand to the City of Fort Worth on its low bid meeting specifications of $7.50 per ton, with term of agreement to begin August 20, 1991, and end August 19, 1992. Council Member Chappell made a motion, seconded by Council Member McCray that Mayor and Council Communication No. P-5199 be approved and that the matter be referred to the Department of Law for legal action against La Farge. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10606 re There was presented Mayor and Council Communication No. L-10606 from the City Manager acquisition of recommending that the City Council approve the acquisition of a portion of Lots 32 through portion of Lots 32 42 inclusive, Denman's Addition from Metropolitan Church of Christ for the Martin Street through 42, Den- Reconstruction; find that $5,218.00 is just compensation; and authorize acceptance and man's Addition Minutes of City Council S-3 Page 350 35 1 Tuesday, September 3, 1991 M&C L-10606 cont. recording of the appropriate deed. It was the consensus of the City Council that the and adopted recommendations be adopted. M&C L-10607 re There was presented Mayor and Council Communication No. L-10607 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lots R4 and R5, portion of Lots Block 31, Diamond Hill Addition from Crawford L. Sprabarry and Jeannie Sprabarry; find that R4 and R5, Block $275.00 is just compensation for property acquired for Malone Street/Moore Avenue 31, Diamond Hill Reconstruction; and authorize the acceptance and recording of the appropriate deed. It was Addition the consensus of the City Council that the recommendations be adopted. M&C L-10608 re There was presented Mayor and Council Communication No. L-10608 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lot R-1, Block portion of Lot R-1 31, Diamond Hill Addition from Tracy Sparks and Ed Stevens; find that $140.00 is just Block 31, Diamond compensation for property acquired for Malone Street/Moore Avenue Reconstruction; and Hill Addition period July 1, 1991, through June 30, 1992, contingent on the execution of the contract with authorize acceptance and recording of the appropriate deed. It was the consensus of the the grantor agency, the Texas Department of Commerce. It was the consensus of the City City Council that the recommendations be adopted. M&C L-10609 re There was presented Mayor and Council Communication No. L-10609 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lot 1, Block 2, portion of Lot 1, Glenwood Addition from A.M. Forrest; find that $100.00 is just compensation for property Block 2, Glenwood acquired for reconstruction of Bessie and Luxton Streets; and authorize acceptance and Addition recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10610 re There was presented Mayor and Council Communication No. L-10610 from the City Manager approved bond fund recommending that the City Council approve a $14,500.00 bond fund transfer from the Inner transfer from City Streets Unspecified Project to the Maddox Avenue and 5th Street Alignment Project in Inner City Streets the Street Improvement Bond Fund; authorize the acquisition of Lot 3, Block 5, Loyd's Addition from R. Michael Patterson, Carolyn Patterson, and Claudia Benge; find that $14,500.00 is just compensation for property acquired for Street Alignment of Maddox and 5th Avenue; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C C-13041 re There was presented Mayor and Council Communication No. C-13041 from the City Manager contract with submitting a tabulation of bids received for the construction and installation of Architectural improvements in the Central Business District entrances at Weatherford/Belknap Streets; Utilities, Inc. stating that the Director of Fiscal Services certifies that funds required for this project are available in the current capital budget of the Park and Recreation Improvements Fund; and recommending that the City Manager be authorized to execute a construction contract with Architectural Utilities, Inc., for construction and installation of improvements in the Central Business District entrances at Weatherford/Belknap Streets for the low bid of $204,991.00. Mrs. Libby Watson Mrs. Libby Watson, Assistant City Manager, appeared before the City Council and Assistant City advised the City Council that the project was bid as a single contract; but that the project Manager re was divided into units so that, if the bids came in above anticipated cost, the project M&C C-13041 could be reduced. M&C C-13043 re authorized bond fund transfer and approved Change Order No. 1 with Martin K. Eby Construction, Inc. There was presented Mayor and Council Communication No. C-13043 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO AREA III SECONDARY TREATMENT REHABILITATION, PHASE IVA, VCWWTP MARTIN K. EBY (PE42-070420160020) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $33,565.00 from State Revolving Fund, Unspecified to State Revolving Fund, Area III Secondary Treatment Rehabilitation, Phase IVA, and Minutes of City Council S-3 Page 351 Council Member Chappell made a motion, seconded by Council Member Woods, that the recommendations contained in Mayor and Council Communication No. C-13041 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13042 re There was presented Mayor and Council Communication No. C-13042 from the City Manager contract with stating that the City Council authorized the City Manager on April 23, 1991, by Mayor and Texas Employment Council Communication No. C-12816 to execute a contract with the Texas Department of Commission Commerce in the amount of $815,133.00 to implement a Dislocated Workers Program for the period of July 1, 1991, to June 30, 1992; that, as part of the program implementation plan, The Working Connection, the City's Employment and Training Department, indicated its intention to subcontract some of the Title III services; that a request for proposal was issued soliciting proposals from community based agencies/organizations interested in providing services under the title; that the services the Texas Employment Commission will provide are vocational assessment, job search assistance seminar, job development, and placement; stating that the Director of Fiscal Services certifies that funds required for this expenditure will be available in the 1991 program year budget for Grant Fund GR76; and recommending that the City Manager be authorized to execute a contract in the amount of $180,113.00 with the Texas Employment Commission for implementation of services for Dislocated Workers under Title III of the Job Training Partnership Act for the contract period July 1, 1991, through June 30, 1992, contingent on the execution of the contract with the grantor agency, the Texas Department of Commerce. It was the consensus of the City Council that the recommendation be adopted. M&C C-13043 re authorized bond fund transfer and approved Change Order No. 1 with Martin K. Eby Construction, Inc. There was presented Mayor and Council Communication No. C-13043 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO AREA III SECONDARY TREATMENT REHABILITATION, PHASE IVA, VCWWTP MARTIN K. EBY (PE42-070420160020) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $33,565.00 from State Revolving Fund, Unspecified to State Revolving Fund, Area III Secondary Treatment Rehabilitation, Phase IVA, and Minutes of City Council S-3 Page 351 X35 Tuesday, September 3, 1991 M&C C-13043 cont. 2. Authorize Change Order No. 1 in the amount of $33,564.51 to City Secretary Contract No. 18100 with Martin K. Eby Construction, Inc., for the Area III Secondary Treatment Rehabilitation, Phase IVA at the Village Creek Wastewater Treatment Plant, revising the total contract cost to $4,898,564.51. DISMISSION On September 18, 1990 (M&C C-12505), the City Council authorized the award of a contract to Martin K. Eby Construction, Inc., for construction of Area III Secondary Treatment Rehabilitation, Phase IVA. During construction, it was determined necessary to change, modify and add certain items for a complete operational and functional plant. The contractor, Martin K. Eby Construction, Inc., will perform this additional work for $33,564.51. The proposed changes are described on the attached sheets. The net effect of the proposed change order is as follows: Original Contract Cost $4,865,000.00 Proposed Change Order No. 1 $ 33,564.51 Revised Contract Cost $4,898,564.51 The construction manager, Alan Plummer and Associates, Inc., and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. This project is located in DISTRICT 4. 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 State Revolving Fund. M&C C-13043 adopte I It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13043, be adopted. M&C C-13044 re There was presented Mayor and Council Communication No. C-13044 from the City Manager, Storm Water as follows: Quality Grant Proposal SUBJECT: STORM WATER QUALITY GRANT PROPOSAL RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept and execute the United States Environmental Protection Agency 104(b)(3) grant entitled Biotoxicity Testing: Screening Methods for Monitoring Wet and Dry Weather Discharges from Municipal Storm Drainage Systems. The funding provides a total of $136,480.00 for a contract period of September 1991 through September 1993, and 2. Accept such additional funds from the United States Environmental Protection Agency as may become available under this contract during the contract period, and 3. Authorize the Finance 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 4. Authorize an indirect cost rate in accordance with the City's Administrative Regulation 3 15 (apply the FY 1989-90 rate of 24.7 percent of personnel costs, which represents the most recently approved rate for this department). DT,.rw ST DN - Region 6 of the United States Environmental Protection Agency notified the Fort Worth Public Health Department, Environmental Quality Section, of the availability of grant money for Storm Water Technology Transfer and/or Storm Water Quality Projects. An invitation was extended to the Fort Worth program to submit a funding proposal for the creation of "How-to" manuals and/or better ways to implement local pollution control measures on an ongoing (life of the permit) basis. The key to the proposal acceptance was to be based on a tangible product that could be used in technology transfer. A proposal has been prepared by the Environmental Quality staff in response to this invitation. The proposal encourages municipal staff to pursue innovative problem solving approaches to storm system pollution control in both cost effective and environmentally effective ways by using biotoxicity testing as a screening tool. The basis for the proposal is described below. Minutes of City Council S-3 Page 352 353 Tuesday, September 3, 1991 M&C C-13044 cont. In the National Pollutant Discharge Elimination System Permit Program, Part II Application, chemical testing must be used on selected outfall sites. Testing procedures required in the Part II Application differ from the Part I Application in that cities are given no encouragement to use screening tests. The mandated chemical tests for storm water cost between $1,300.00-$3,300.00 per sample. Given that the use of chemical testing is mandated in the implementation of the Part II Application process, the staff recognized an opportunity to propose a comparative study using biotoxicity testing as a screening test. The hypothesis that would be tested is that biotoxicity test methods ranging from "fish in the bottle" to commercially available toxicity testing systems could fill the need for such a screening tool. The importance of introducing the screening approach is both cost effective from the municipal government standpoint and environmentally effective. The cost effective benefits are described in terms of (1) the lower costs of the biotoxicity tests comparing the estimated $25.00 cost per test to an estimated $1,300.00 cost for the chemical test; (2) field staff does not have to be highly trained, technically or scientifically, to conduct the test; (3) paperwork would be reduced in that the test can be run in-house on the same day that the sample is taken; (4) procedure developed could be adapted by .other cities, in that the system proposed would be both affordable and relatively simple for the staff to conduct. From the environmental standpoint, the staff would be able to screen a larger number of areas in the city in a short time span, which would result in the identification of the most significant sources'.of pollution. The long range implication would be that biotoxicity screening of -storm water could be required to isolate problem areas before more expensive chemical testing would be conducted. A "How-to" guide for biotoxicity testing in municipal storm drain systems would be produced, enabling cities to incorporate biotoxicity testing in their program. Recognizing that Wet Weather Sampling is a required procedure throughout the life of the permit, the benefits of screening �by biotoxicity would be experienced as long as the program exists. FISCAL INFORMATION/CERTIFICATION: No City funds are required for this grant. The proposed budget is given below: Personnel $ 39,326 Equipment and Supplies 30,921 Contractual 54,119 Travel Expenses 2,400 Total Direct Costs 126,766 Indirect Costs 9,714 TOTAL $136,480 M&C C-13044 adopte I It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13044, be adopted. M&C C-13045 re There was presented Mayor and Council Communication No. C-13045 from the City Manager approved fund submitting a tabulation of bids received for street paving improvements to Ayers Avenue from transfer for Crenshaw Avenue to Avenue M and for replacement of water and sewer lines in Ayers Avenue; street paving stating that the Director of Fiscal Services certifies that upon approval of Recommendations improvements 1 through 5, funds required for these projects will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Improvement Funds, the Grants Fund, and the Street Improvements Bond Fund; and recommending that the City Council 1. Approve a fund transfer in the amount of $104,920.00* from Water and Sewer Operating Fund, Water Capital Project, Water Department to Water Capital Improvement Fund, Water Replacement Ayers Avenue, and 2. Approve a bond fund transfer in the amount of $23,757.00* from Sewer .Capital Improvement Fund, Unspecified to Sewer Capital Improvement Fund, Sewer Replacement Ayers Avenue, and . 3. Approve a $115,811.72 fund transfer from the Streets Assessments Project to the Ayers Avenue Project in the Grants Fund, and 4. Approve a $14,200.00 bond fund transfer from the Special Assessments Fund to the Street Improvements Bond Fund, and 5. Approve a $275,329.28 bond fund transfer from the Inner Cities Unspecified Project to the Ayers Avenue from Crenshaw Avenue -to Avenue M Project of the Street Improvements Bond Fund, and 6. Authorize the City Manager to execute a contract with Centerline Constructors, Inc., in the amount of $386,039.05 with forty-two (42) working days for street paving improvements to Ayers Avenue from Crenshaw Avenue to Avenue M, and 7. Authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of $113,380.00 and thirty (30) working Minutes of City Council S-3 Page 353 Tuesday, September 3, 1991 M&C C-13045 cont. days for the replacement of water and sewer lines in Ayers Avenue. and adopted recommendations as contained in Mayor and Council Communication No. C-13048 be approved. *Includes funds for possible change orders, inspection and surveys. &C C-13049 re It was the consensus of the City Council that the recommendations be adopted. pproved bond fund There was presented Mayor and Council Communication No. C-13046 from the City Manager M&C C-13046 re stating that the City Council on October 4, 1988, by Mayor and Council Communication agreement with No. C-11216 authorized the construction of approximately 2,200 linear feet of the Trinity Trinity River River Authority's sanitary sewer main located in Alliance Boulevard to serve Alliance Authority of Texas Airport; that the sewer system was constructed in conjunction with the Alliance Transmission ervices Main, Phase I, Contract 3, and accepted by the City on May 30, 1989; and recommending that the City Manager be authorized to execute a Joint Use Agreement between the City of Fort Worth and the Trinity River Authority of Texas for operation and maintenance of the Denton Creek Regional Wastewater System Fort Worth Trunk Sewer. It was the consensus of the City Council that the recommendations be adopted. M&C C-13047 re authorized bond There was presented Mayor and Council Communication No. C-13047 from the City Manager fund transfer and submitting a tabulation of bids received for the M -245P Sewer Relief Main, Contract 2; contract with stating that the Director of Fiscal Services certifies that funds required for this contract Johnson Brothers are available in the current capital budget, as appropriated, of the State Revolving Fund; Corporation and recommending that the City Council authorize a bond fund transfer in the amount of $1,926,122.00 from the Unspecified Project to the M -245P Sewer Relief Main, Contract 2 Project in the State Revolving Loan Fund and authorize the City Manager to execute a construction contract with Johnson Brothers Corp. for the M -245P Sewer Relief Main, Contract 2 on the low bid of $1,840,895.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-13048 re agreement with There was presented Mayor and Council Communication No C-13048 from the City Manager United States of stating that the City Council on August 13, 1991, by Mayor and Council Communication America, Bureau of No. C-13008 authorized the City Manager to execute an agreement with the Texas Department p Engraving and of Transportation to reconstruct Harmon Road from FM 156 to US 287 and to pay the Texas Printing Department of Transportation $1,119,149.67 as the City's share of the estimated construction cost; that included in the project are the extension of a storm drain from the Western Currency Facility to Harmon Road and the enlargement of the Harmon Road drainage system to accommodate the discharge from the storm drain extension; that the City's estimate of construction cost to extend and accommodate the Bureau of Engraving and Printing storm drain system is $102,111.00; and recommending that the City Manager be authorized to execute an agreement with the United States of America, Bureau of Engraving and Printing, to extend, at Bureau of Engraving and Printing's expense, a storm drain from the Western Currency Facility to Harmon Road. Mr. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works Department, appeared re M&C C-13048 before the City Council and advised the City Council that the cost of the project was approved by the City Council several weeks ago and that the project is to be paid for with bond funds. &C C-13050 re There was presented Mayor and Council Communication No C-13050 from the Cit Manager pproved bond fund � Y 9 ra nsf e r and con- submitting a tabulation of bids received for sidewalk improvements at City Center; stating rant with Howard that the Director of Fiscal Services certifies that, upon approval of the bond fund onstr th H Inc, transfer, funds required for this project will be available in the current Capital budget, as appropriated, of the Street Improvements Bond Fund; and recommending that the City Council approve a $40,656.00 bond fund transfer from CBD Streets Unspecified Project to Sidewalk Improvements at City Center Project of the Street Improvement Bond Fund and authorize the City Manager to execute a contract with Howard Construction, Inc., in the amount of $36,960.00 and 30 working days for Sidewalk Improvements at City Center. On motion of Mayor Pro tempore Webber, seconded by Council Member McCray, the recommendations were adopted. &C C-13051 re There was presented Mayor and Council Communication No C-13051 from the Cit Manager greement with y g ount Olivet Ceme- stating that Mount Olivet Cemetery Association, through its Vice President, Mr. Monte D. e ry Association Jones, has requested permission to install a water line across and under the street at the 1600 block of Northside Drive; that the line draws water from the Trinity Water and services one of the Association's facilities; that -the existing line needs repair due to a water leak; that an auxiliary line will be installed in the same ditch as the existing line; and recommending that the City Manager be authorized to enter into a standard consent agreement Minutes of City Council S-3 Page 354 Council Member Silcox made a motion, seconded by Council Member Meadows, that the recommendations as contained in Mayor and Council Communication No. C-13048 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-13049 re There was presented Mayor and Council Communication No. C-13049 from the City Manager pproved bond fund stating that the City Council awarded a contract on April 23, 1991, by Mayor and Council ransf e r and Communication No. C-12820 in the amount of $78,500.35 to Eagle Construction and ontract with Eagl Environmental Services for the removal, disposal, and site . clean-up of 16 underground o ns truc tion and storage tanks from various City facilities; that the underground storage tanks are being nvironmental removed to comply with the Texas Water Commission and the City's Compliance Plan for ervices underground storage tanks; that, during performance of the contract, additional underground storage tanks were discovered, requiring removal, remediation of contaminated soils, backfilling and laboratory testing; that staff has reviewed the costs associated with the additional work and find them to be reasonable and. justifiable; and recommending that a fund transfer in the amount of $68,055.00 be authorized from Capital Projects Reserve Fund to Specially Funded Capital Projects; that change orders in the amount of $68,055.00 and the addition of 25 days to the original contract time of 90 days be approved; and that the City Manager be authorized to increase City Secretary Contract No. 18424 with Eagle Construction and Environmental Services by $68,054.87 and a total of 115 calendar days for the removal, disposal, and site clean-up of underground storage tanks. It was the consensus of the City Council that the recommendations be adopted. &C C-13050 re There was presented Mayor and Council Communication No C-13050 from the Cit Manager pproved bond fund � Y 9 ra nsf e r and con- submitting a tabulation of bids received for sidewalk improvements at City Center; stating rant with Howard that the Director of Fiscal Services certifies that, upon approval of the bond fund onstr th H Inc, transfer, funds required for this project will be available in the current Capital budget, as appropriated, of the Street Improvements Bond Fund; and recommending that the City Council approve a $40,656.00 bond fund transfer from CBD Streets Unspecified Project to Sidewalk Improvements at City Center Project of the Street Improvement Bond Fund and authorize the City Manager to execute a contract with Howard Construction, Inc., in the amount of $36,960.00 and 30 working days for Sidewalk Improvements at City Center. On motion of Mayor Pro tempore Webber, seconded by Council Member McCray, the recommendations were adopted. &C C-13051 re There was presented Mayor and Council Communication No C-13051 from the Cit Manager greement with y g ount Olivet Ceme- stating that Mount Olivet Cemetery Association, through its Vice President, Mr. Monte D. e ry Association Jones, has requested permission to install a water line across and under the street at the 1600 block of Northside Drive; that the line draws water from the Trinity Water and services one of the Association's facilities; that -the existing line needs repair due to a water leak; that an auxiliary line will be installed in the same ditch as the existing line; and recommending that the City Manager be authorized to enter into a standard consent agreement Minutes of City Council S-3 Page 354 Tuesday, September 3, 1991 M&C C-13051 cont. with Mount Olivet Cemetery Association, to permit the installation of a private water line and adopted across the 1600 Block of Northside Drive. It was the consensus of the City Council that the recommendation be adopted. M&C C-13052 re There was presented Mayor and Council Communication No. C-13052 from the City Manager contract with submitting a tabulation of bids received for emergency repairs to the North Main Street Architectural Bridge; stating that the Director of Fiscal Services certifies that funds for this contract Utilities, Inc. are available in the current capital budget of the Contract Street Maintenance Fund; and recommending that a bond fund transfer in the amount of $19,460.10 be authorized from Prior Years Funding Unspecified Project to the North Main Street Bridge Repairs Project of the Contract Street Maintenance Fund and that the City Manager be authorized to execute a contract with Architectural Utilities, Inc., in the amount of $17,691.00 with 30 working days for necessary emergency repairs to the North Main Street Bridge. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2861 re There was presented Mayor and Council Communication No. FP -2861 from the City Manager final payment to stating that the runway and taxiway paving and lighting improvements at Alliance Airport T.L. James and have been completed in accordance with contract plans, specifications, and requirements; and Company recommending that the City Council accept as complete the runway and taxiway paving and lighting improvements at Alliance Airport and authorize final payment to T.L. James and Company in the amount of $33,408.15, with funds available in the retainage account and in the current budget, as appropriated, of the Grant Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2862 re There was presented Mayor and Council Communication No. FP -2862 from the City Manager final payment stating that Airport Improvements to Fort Worth Spinks Airport have been completed in Duininck Bros, Inc. accordance with contract plans, specifications, and requirements; and recommending that the City Council accept as complete the Airport Improvements to Fort Worth Spinks Airport for Wingway South from Fuel Farm to Alsbury and authorize final payment of $6,017.70 to Duininck Bros, Inc., with funds available in the current capital budget, as appropriated, of the Grant Fund. Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, appeared before the City Council and Assistant City advised the City Council that Wingway South was a road connecting the terminal building to Manager re M&C the fuel farm. FP -2862 Council Member Woods made a motion, seconded by Council Member Puente, that the recommendations contained in Mayor and Council Communication No. FP -2862 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2863 re There was presented Mayor and Council Communication No. FP -2863 from the City Manager final payment to stating that the final contract price for Aircraft Apron Extension at Spinks Airport was McClendon Construc- based on unit prices of $149,804.38 to McClendon Construction Company, Inc.; that the final tion Company, Inc. payment due is $2,996.09; that testing of the concrete during construction resulted in failure of 40 percent of the tests to meet the specified minimum flexural strength; that application of a formula published by the Federal Aviation Administration and intended to calculate an adjustment for failed concrete tests resulted in a deduction of $9,391.51 from the payment to the contractor; that the contractor has refused to agree to the levy of this deduction, but staff believes it is a reasonable charge for the deficiency in concrete strength; that, although 40 percent of the concrete tests failed minimum specifications, staff believes that the concrete is acceptable with the corresponding deduction and does not need to be removed and replaced; stating that the Director of Fiscal Services certifies that funds required for this final payment are available in current capital budget, as appropriated, of the Grant Fund; and recommending that the City Council accept as complete the airport improvements to Fort Worth Spinks Airport for Aircraft Apron Extension and authorize final payment of $2,996.09 to McClendon Construction Company, Inc. Mr. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works Department, appeared re M & C FP -2863 before the City Council and advised the City Council that the FAA required concrete to have a 700 PSI flecture strength which is an extremely high level concrete; that the current measurement of the concrete at Spinks Airport is between 620 and 770 PSI flecture strength; that this is an extremely good concrete but, because the concrete is below FAA requirements, it is appropriate to levy a penalty against the contractor. Council Member Meadows made a motion, seconded by Council Member Woods, that the recommendations contained in Mayor and Council Communication No. FP -2863 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. George harvey Mr. George Harvey, representing the Glen Garden and Oaklawn crime watch organizations re Police p ro to c= in southeast Fort Worth, appeared before the City Council and expressed his concerns about tion f o r Oaklaw n alleged lack of City services, Police service and protection, and the rising crime rate. and Glen Garden areas Mrs. Ruth Williams, 3300 Hardeman, appeared before the City Council and expressed Ms. Ruth Williams concern regarding the rising crime rate in the Oakl awn area. re rising crime Mr. Harve rate y and Mrs. Williams were advised their concerns will be investigated. Mr. Joe Howell re Mr. Joe Howell, 424 Springhill Drive, Hurst, Texas, representing Candle Ridge Joint PDSP-91-4, Lots Venture, appeared before the City Council and advised the City Council that he and 2R-2, Block 57, representatives of Fina made a presentation to the City Council on August 13, 1991, for the Candleridge Addi approval of a site plan for PDSP-91-4 for Lot 2R-2, Block 57, Candle Ridge Addition, Phase tion Phase VIII VIII, with the provision that the City pay for a right turn lane off Hulen Street at Sycamore School Road which would have been the eighth lane to be added to the existing seven -lane street; that a plat also was presented which had been approved by the City of Fort Worth and the plat, as approved, contained the right -turn lane; that the request to the City Council was that, if the City of Fort Worth wanted a right -turn lane, the City should reimburse Fina at the same price as Fina contract; that, in further discussion with the City officials, it appears funds are not available and are not going to be available in the Minutes of City Council S-3 Page 355 r, t Tuesday, September 3, 1991 Mr. Joe Howell's foreseeable future and, therefore, asks the City Council to approve the new site plan which statement cont. is the old site plan except it would include the right -turn lane. Assistant City Manager Mike Assistant City Manager Mike Groomer appeared before the City Council and advised the Groomer City Council the right -turn lane as presented in PDSP-91-4 is not needed at this time due re P DSP -01 -4 to the basically undeveloped surrounding community and stated that, at the direction of the City Council, the City staff will resolve the issue. It was the consensus of the City Council that the City staff be directed to resolve with Mr. Joe Howell the issue of the right -turn lane in PDSP-91-4. Mayor Granger re favor funding Mayor Granger announced that the City Council favors funding the Dental Clinic in the Dental clinic proposed 1991-1992 Budget Year. Dr. Charles Ken- dall re Dental Dr. Charles Kendall, 2621 Highview Terrace, appeared before the City Council and Clinic expressed support for the Dental Clinic. Mr. Lon Burnam re Mr. Lon Burnam, 2103 Sixth Avenue, appeared before the City Council and expressed . Dental Clinic appreciation for the City's previous participation in funding the Dental Clinic. Ms. Rhonda Mc- Ms. Rhonda McLaughlin, 3632 Tulsa Way, appeared before the City Council and expressed Laughlin re support for the Dental Clinic. Dental Clinic Mr. Gary Lipe re Mr. Gary Lipe, 2928 Hartwood, appeared before the City Council and advised the City City Charter Council that citizens are drafting a petition calling for changes in the City Charter and amended stated that, in his opinion, management service contracts should go through the competitive bid process. Mr. Lipe presented a petition to the City Council containing 150 signatures. Ms. Patsy Steel re Ms. Patsy Steel, 1413 N.E. 38th Street, appeared before the City Council and expressed Wackenhut Prison opposition to the location of the Wackenhut Prison Facility and the lack of police Facility protection in the Diamond Hill area. Ms. Lupe Hoy os re Ms. Lupe Hoyos, 3110 North Hampton, appeared before the City Council and expressed Wackenhut Prison opposition to the location of the Wackenhut Prison Facility and the lack of police Facility protection in the Diamond Hill area. Mr. Donnis Mr. Donnis Hatchett, 3151 Grover, appeared before the City Council and expressed Ha tche t t re opposition to the location of the Wackenhut Prison Facility and cited a letter written by Wackenhut Prison the Fort Worth Chief of Police expressing to the Texas Prison Board his support for the Facility Wackenhut Facility to locate in the Diamond Hill area of the City of Fort Worth. Mr. Thomas Davila Mr. Thomas Davila, 3901 Schwartz Avenue, appeared before the City Council and re Wackenhut expressed opposition to the location of the Wackenhut Prison Facility. Prison Facility Mr. George Vernon Mr. George Vernon Childs, 2800 Jennings, appeared before the City Council and Childs re actions registered a complaint regarding the actions of Police Officer B.A. Castillo. of Police Officer B.A. Castillo Mr. Pedro Herrera, 3324 North Pecan, appeared before the City Council and expressed Mr. Pedro Herrera appreciation to Council Member Puente and for the positive involvement of the Police re involvement of Department in solving problems in the Northside Community. Police Department in the Northside It appearing to the City Council that on August 27, 1991, the City Council continued Community the hearing in connection with the Proposed Budget for the 1991-92 Fiscal Year until the Budget Hearing next regularly scheduled City Council meeting to give every interested person or citizen opportunity to be heard, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Howard Mr. Howard McMahan, 3600 Lawndale Avenue, appeared before the City Council and McMahan re Male requested that the City Council give favorable consideration to funding the Male Adolescent Adolescent Out- Outreach Program in the proposed 1991-1992 Budget. reach Program Mr. Bob Crow re Mr. Bob Crow, 5829 River Rock Court, appeared before the City Council and requested Male Adolescent that the City Council give favorable consideration to funding the Male Adolescent Outreach Outreach Program Program in the proposed 1991-1992 Budget. Ms. Nikkie H a tley Ms. Nikki Hatley, 4601 Cloudview Road, President of the Fort Worth Adolescent re A dole sent Male Pregnancy Board, appeared before the City Council and requested that the City Council give Outreach Program favorable consideration to funding the Adolescent Male Outreach Program in the proposed 1991-1992 Budget. Ms. Una Bailey re Ms. Una Bailey, 6704 Blue Meadow, Chairperson of the Male Responsibility Committee, Adolescent Male appeared before the City Council and requested that the City Council give favorable Outreach Program consideration to funding the Adolescent Male Outreach Program in the proposed 1991-1992 Budget. Ms. Margaret Ms. Margaret DeMoss, 3451 Green Arbor Court, appeared before the City Council and DeMoss re requested that the City Council give favorable consideration to the proposed budget cuts in Budget the proposed 1991-1992 Budget. Mr. Charles Ansley re pay Mr. Charles Ansley, 1340 Woodland, appeared before the City Council and advised the raises f o r City City Council that, in his opinion, the proposed pay raises should not be performance based, employees but be an across-the-board raise for all City employees. Mr. Rudolph R. Reyes re Mr. Rudolph R. Reyes, 1203 Fifteenth Place, appeared before the City Council and pay raises for requested that the City Council give favorable consideration to awarding all City employees all City employees I a pay raise. Minutes of City Council S-3 Page 356 357 Tuesday, September 3, 1991 Mr. Alvin Hutchisor Mr. Alvin Hutchison, 3212 Pate Drive, appeared before the City Council and expressed re Budget and opposition to the proposed layoff of City employees. layoff Mr. Efrin Caban re Mr. Efrin Caban, 3355 West Boyce Avenue, appeared before the City Council and Budget and layoff expressed opposition to the proposed pay raise to be given to police officers. Mr. Kevin Karla re Mr. Kevin Karl e, 1904 Roberts Cut -Off #26, appeared before the City Council and Budget and layoff expressed opposition to the proposed rate difference in the pay raise to be given to police officers and other City employees. Mrs. Reba Walls re Mrs. Reba Walls, 1900 Forest Park Boulevard, appeared before the City Council and Budget and layoff expressed opposition to the proposed rate difference in the pay raise to be given to police officers and other City employees and recommended that the City Council reinstate the step system. Mrs. Minnie L. Mrs. Minnie L. Nealy, 5305 Mansel Lane, appeared before the City Council and expressed Nealy re Budget an opposition to the proposed rate difference in the pay raise to be given to police officers layoff and other City employees and the proposed layoff of City employees. Mr. Martin Baskin re Budget and layoff Mr. James L. Bote- ler re Willow Bend Apartments and cod enforcement Mr. Tom Davis re Willow Bend Apart- ments Mayor Granger re Mr. Boteler Mr. Donnie Lee re Budget and layoff Mr. Martin Baskin, 424 Colonial Street, appeared before the City Council and expressed opposition to the proposed layoff of City employees. Mr. James L. Boteler, 2008 Mims, appeared before the City Council and expressed opposition to the alleged lack of code enforcement regarding the Willow Bend Apartments. Mr. Tom Davis, Director of City Services Department, appeared before the City Council and advised the City Council that a series of investigations have been conducted to resolve the situation involving Willow Bend Apartments. Mayor Granger referred Mr. Boteler to City staff. Mr. Donnie Lee, 3328 Shamrock Lane, appeared before the City Council and requested that the City Council give support to the Association of City Employees. Ms. Delores Strain Ms. Delores Strain, 5139 Fletcher, appeared before the City Council and requested that re Budget and the City Council give favorable consideration to awarding an across-the-board raise of four layoff percent to all City employees. Mr. J.W. Bryant re Mr. J.W. Bryant, 609 Verna Trail North, appeared before the City Council and expressed Budget and Mu$e6m opposition to the proposed funding of the Museum of Modern Art in the proposed 1991-1992 of Modern Art Budget. Mr. Howard Hensley Mr. Howard Hensley, 5912 Walla Avenue, appeared before the City Council and requested re Budget and that the City Council give favorable consideration to awarding across-the-board raises to 1 ayoff all City employees. Ms. Eleanor Jacks Ms. Eleanor Jacks, 3229 Centennial, appeared before the City Council and requested re Budget and lay - that the City Council give favorable consideration to awarding across-the-board raises for off all City employees and presented to the City Council a petition signed by City employees. There being no one else present desiring to be heard in connection with the Proposed Budget for the 1991-92 Fiscal Year, it was the consensus of the City Council that the hearing be continued until the next regularly scheduled City Council meeting to give every interested person or citizen opportunity to be heard. Public Hearing on It appearing to the City Council that the City Council that a public hearing was set Property Taxes for for today relative to the proposal to increase property taxes for 1991, Mayor Granger asked 1991 if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the proposal to increase property taxes for 1991, Council Member Chappell made a motion, seconded by Council Member Meadows, that the hearing be closed. Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted. Resolution 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: Resolution No. RESOLUTION NO. 1758 1758 WHEREAS, on September 3, 1991, the City Council of the City of Fort Worth, Texas, conducted a public hearing on a proposal to increase total tax revenues from properties on the tax roll in 1990 by not greater than 3.28 percent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council S-3 Page 357 Resolution No. 1758 cont. lAdjourned Tuesday, September 3, 1991 1. That a public meeting to vote on the tax rate for the tax year 1991 will be held by the City Council of the City of Fort Worth on September 17, 1991, at 10:00 A.M. in the City Council Chambers of the Fort Worth Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. 2. That the City Secretary shall publish notice of such public meeting in accordance with Section 26.06(d) of the Tax Code of the State of Texas. There being no further business, the meeti CITY SECRETARY ng was adjourned. Minutes of City Council S-3 Page 358 MAYOR