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HomeMy WebLinkAbout1991/09/10-Minutes-City CouncilCouncil met Members Present Invocation Pledge of Allegiance Minutes of September 3, 1991 approved Proclamation - International Visistors Month Withdrew M&C Nos. C-13053 and C-13055 Withdrew M&C No. L-10611 Withdrew M&C Nos. P-5201, G-9293, an P-5208 Withdrew M&C No. P-6294 BH -0062 cont. for two weeks Consent agenda approved `Introduced a (Resolution 1Resolution No. 1759 CITY COUNCIL MEETING— SEPTEMBER EETING tSEPTEMBER 10, 1991_; On the 10th day of ,;September;. A.,D., -1991s 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; 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; Mayor Pro tempore Webber temporarily absent; with more than a quorum present, at. which time the following business was transacted: The invocation was given by The Reverend Dr. B.L. McCormick, Baker Chapel AME Church. The Pledge of Allegiance was recited. On motion of Council Member McCray, seconded by Council Member Woods, the minutes of the meeting of September 3, 1991, were approved. A proclamation for International Visitors Month was presented to Messrs. Joe Orr and Jim Sands, President of the Greater Fort Worth Council on World Affairs. Council Member Silcox requested that Mayor and Council Communication Nos. C-13053 and C-13055 be withdrawn from the consent agenda. Council Member Matson requested that Mayor.and Council Communication No. L-10611 be withdrawn from the consent agenda. Council Member Puente requested that Mayor and Council Communication Nos. P-5201, G-9293, G-9235, and P-5208 be withdrawn from the consent agenda. Council Member Chappell requested that Mayor and Council Communication No. G-9294 be withdrawn from the consent agenda. City Manager Ivory requested that BH -0062 be continued for two weeks. On motion of Council Member Woods, seconded by Council Member McCray, the consent agenda, as amended, was approved. Council Member Chappell introduced a resolution 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 resolution, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber The resolution, as adopted, is as follows: RESOLUTION NO. 1759 WHEREAS, the Tarrant County 9-1-1 Emergency Assistance District Board of Managers has approved the attached Budget and recommends that the City of Fort Worth approve the same for the Fiscal Year beginning October 1, 1991, for the purposes set forth in the Budget; and, WHEREAS, the Budget is considered to be sufficient to maintain and operate the district and to allow full participation by the City of Fort Worth; and, Minutes of City Council S-3 Page 358 J0 Tuesday, September 10, 1991 Resolution No. WHEREAS, it is anticipated that no City tax revenues nor an increased monthly per line 1 759 cont. fee from Fort Worth telephone customers will be required to carry out the District's functions in the coming year; NOW, THEREFORE, BE IT RESOLVED that the budget for the Tarrant County 9-1- 1 Emergency Assistance District for the Fiscal Year beginning October 1, 1991, and ending September 30, 1992, is hereby approved by the City Council of the City of Fort Worth. BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its passage. It was the consensus of the City Council that Mayor and Council Communication No. BH -0062, benefit hearing for the assessment paving of Bonnell Avenue from Bryant Irvin Road to Merrick Street (Project No. 67-040227), be withdrawn from the agenda. Council Policy There was presented Council Policy Proposal No. CP -165 as proposed by Council Member Proposal No. David Chappell, as follows: CP -165 re City SUBJECT: AMENDMENTS TO CITY COUNCIL RULES OF PROCEDURE Council Rules of Procedure It is proposed that the following amendments to the City Council Rules of Procedure be entered into the record of the City Council meeting on September 10, 1991, and adopted at the City Council meeting on September 17, 1991: 1. Amend Section 4.3 to read as follows: "Preservation of Order: The chairman shall preserve order and decorum, prevent personal attacks and the impugning of members' motives, and confine members in debate to the questions under discussion. Demonstrations, the carrying of signs or placards, or other activities which disturb the peace and good order of the meeting shall not be permitted in the Council Chambers." 2. Amend Section 5.4.2 to read as follows: "Presentation by a representative of an organized group consisting of a minimum of ten persons, which is present in the Council Chamber and has selected a spokesperson, shall be limited to ten minutes. At the discretion of the chair, this limit may be extended." Diccuctinn! The Rules of Procedure of the Citv Council of the Citv of Fort Worth were adopted by the City Council on January 8, 1960. Section 2.14 provides that the rules may be amended, or new rules adopted, by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. The required procedure is to introduce the amendments into the record at one City Council meeting and approve the amendments at a subsequent meeting. The proposed amendments and the reasons therefor are as follows: 1. Amendment to Section 4.3 a) Present Language: "4.3. Preservation of Order: The chairman shall preserve order and decorum, prevent personalities from the impugning of members' motives, and confine members in debate to the question under discussion." b) Proposed Language: "4.3 Preservation of Order: The chairman shall preserve order and decorum, prevent personal attacks and the impugning of members' motives, and confine members in debate to the questions under discussion. Demonstrations, the carrying of signs or placards, or other activities which disturb the peace and good order of the meeting shall not be permitted in the Council Chambers." c) Reason for Change: The proposed language in Section 4.3 would prohibit demonstrations and other activities in Council Chambers which disturb Council meetings. 2. Amendment to Section 5.4.2 Minutes of City Council S-3 Page 359 Tuesday, September 10, 1991 Council Policy a) Present Language: Proposal No. CO CP -165 cont. "5.4.2 Presentation by a representative of an organized group, which is present in the Council Chamber and has selected a spokesperson, with or without prior notification, shall be limited to ten minutes. At the discretion of the chair, this limit may be extended." b) Proposed Language: "5.4.2 Presentation by a representative of an organized group consisting of a minimum of ten persons, which is present in the Council Chamber and has selected a spokesperson, shall be limited to ten minutes. At the discretion of the chair, this limit may be extended." c) Reason for Change: The proposed language in Section 5.4.2 should be changed to establish a definition of "group." Legality: This proposal is within the powers of the City Council, and there is no known legal impediment. City Manager's Comments: The City Manager has no objections to this proposed change. On motion of Council Member Woods, seconded by Council Member McCray, the amendments were ordered to be entered into the record. M&C OCS-330 There was presented Mayor and Council Communication No. OCS-330 from the Office of the Liability Bonds City Secretary recommending that the City Council authorize the acceptance of a Parkway Contractor's Bond issued to Leon Williams Construction Company by Western Surety Company. It was the consensus of the City Council that the recommendation be adopted. M&C OCS-331 Claims There was presented Mayor and Council Communication No. OCS-331 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Frances Michael 1. Claimant: Frances Michael Dougherty Dougherty Date Received: September 3, 1991 Date of Incident: June 1991 Location of Incident: 742-44 Haven Lane Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as result of a water break. Lynnette Lorraine 2. Claimant: Lynnette Lorraine Brownlee Brownlee Date Received: September 3, 1991 Date of Incident: August 22, 1991 Location of Incident: 2400 Block of Roberts Cut-off Estimate of Damages/ Injuries: $272.14 Nature of Incident: Claimant alleges damages to vehicle as result of rock being thrown from mower. Eddie C. Gray 3. Claimant: Eddie C. Gray Date Received: September 3, 1991 Date of Incident: July 1991 Location of Incident: 1301 E. Northside Dr. Estimate of Damages/ {- >. Injuries: $4,621.67-$4,775.48 Nature of Incident: Claimant alleges damages to vehicle while in City Custody. Jose A. Silva, and next friend of Cl 4. Claimant: i Jose A. Silva Individually, y, and as Next Maria Silva, preg- Friend of Maria Silva, pregnant at the time nant at time (de- (deceased) and his sons Francisco Silva, a ceased) , sons minor (deceased, and Manuel Silva, a minor Francisco Silva, (deceased), Claimant a minor, and Date Received: August 29, 1991 Manuel Silva, a Date of Incident: August 3, 1991 minor both deceasei Attorney: Pablo Alvarado Location of Incident: 3114 Clinton Avenue Estimate of Damages/ Minutes of City Council S-3 Page 360 3G1 Tuesday, September 10, 1991 &C OCS-331 Injuries: Undeclared laims cont. ose A. Silva claim Nature of Incident: Claimant alleges damages caused by deaths of wife, o n t. Maria Silva, sons Francisco Silva and Manuel Silva, and unborn child allegedly as result of negligence of City of Fort Worth and: State and County Mutual Fire In- surance Company (Carol Scruggs) Willie Mae Thomp- son 5. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 6. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: a. in its failure to properly inspect the residence; b. in negligently inspecting Claimant's residence; c. in the negligent hiring of building inspector who was to perform the inspection; d. in failing to warn of the dangerous condition of the premises; e. in failing to correct the conditions which existed on the premises. State and County Mutual Fire Insurance Company (Carol Scruggs) August 30, 1991 May 25, 1991 3300 NW 30th $1,585.85 Claimant alleges subrogation claim for accident involving insured, Donald Williams, allegedly caused by failure to properly maintain .Street sign. Willie Mae Thompson August 30, 1991 July 29, 1991 2829 Bonnie Brae $1,577.00 Claimant alleges damage to property as result of City crew trying to retrieve tractor. &C OCS-331 adoptell It was the consensus of the City Council that the recommendation be adopted. M&C OCS-332 There was presented Mayor and Council Communication No. OCS-332 from the Office of the Correspondence Ms. frou Stephanie R. City Secretary recommending that correspondence from Ms. Stephanie R. Hall, 6904 Camino Hall re House Bill Court, Fort Worth, requesting information regarding the implementation of House Bill 1581 1581 and Senate and Senate Bill 818 concerning hazardous waste disposal and requesting information as to Bill 818 1when the City of Fort Worth will begin curbside recycling be referred to the Office of the City Manager. It was the consensus of the City Council that the recommendation be adopted. City Manager M&C City Manager Ivory requested that Mayor and Council Communication No. BH -0062 be No. BH -0062 continued for two weeks. It was the,consensus of the City Council that Mayor and Council cont. for two Communication No. BH -0062, Benefit Hearing for the Assessment Paving of Bonnell Avenue from weeks Bryant Irvin Road to Merrick Street (Project No. 67-040227), be continued for two weeks. M&C -'d-9293 re There was presented Mayor and Council Communication No. G-9293 from the City Manager, Public Improvement as follows: District No. 1 SUBJECT: SETTING HEARING FOR PROPOSED BUDGET AND PLAN OF SERVICES IN PUBLIC IMPROVEMENT DISTRICT #1 FOR FY 1991-92 RECOMMENDATION It is recommended that the City Council take the following actions regarding Fort Worth Improvement District No. 1: 1. In accordance with Chapter 372, Subchapter A, section 372.009 of the Local Government Code, set October 1, 1991, at 7:00 p.m. as the date and time for a public hearing before the City Council on the advisability of the proposed improvements and services for FY 91-92. The hearing will be concerned with the following matters: a) The general nature of the proposed improvements and services to be provided during FY 91-92 b) The estimated costs of the proposed improvements and services to be provided during FY 91-92 c) The boundaries of the public improvement district d) The proposed method of assessment e) The proposed apportionment of costs between the improvement district and the municipality as a whole, and Minutes of City Council S-3 Page 361 3ti Tuesday, September 10, 1991 &C G-9293 cont. 2. Direct the City Manager to prepare the following documents and information concerning the District and to file the same with the City Secretary. a) A statement of the general nature of the proposed improvements and services to be provided during FY 91-92 b) Preliminary estimates of the costs of such improvements and services c) A map showing the boundaries of the district -11 d) The proposed method of assessment e) The proposed apportionment of costs between the improvement district and the City as a whole, and 3. Direct the City Secretary to give notice of the public hearing in accordance with Chapter 372, Subchapter A, section 372.009 of the Local Government Code. UrmpnilNn On September 5, 1989, the City Council re-established Fort Worth Improvement District No. 1. This District includes most of the downtown central business district. State statute requires that an ongoing service plan be prepared by the Improvement District Advisory Board for review and approval by the City Council. The October 1, 1991, hearing will be concerned with the District's third year of operation, and the annual service plan which identifies the projected costs for all improvements and services. Mr. Kirk Bednar Mr. Kirk Bednar, Assistant to the City Manager, appeared before the City Council and re M&C G-9293 advised the City Council that the budget for Improvement District No. 1 would be presented September 24, 1991, at the Pre -Council session. Council Member Puente made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9293 be approved. 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: Mayor Pro tempore Webber NOT VOTING: None_ ; . . ,, -. .t( M&C, G-9294 re There was presented Mayor and Council Communication No. G-9294 from the City Manager lawsuit filed by stating that a lawsuit was filed by Laura Thigpen and W.L. Thigpen as a result of a traffic Laura thig pen and accident at the intersection of West Long Avenue and Azle Avenue; that the traffic light at W.L. Thigpen the intersection malfunctioned and two drivers were both facing a green light as they entered into the intersection, thus resulting in a collision; that, while admitting no liability, but to avoid further and costly litigation, an agreement was reached to settle this lawsuit for $75,000.00 plus court cost; stating that the Director of Fiscal Services certifies that funds for this settlement are available in the current capital budget of the Insurance Fund; and recommending that the City Council authorize payment in the amount of $75,000.00 plus court costs to settle the lawsuit of Laura Thigpen and W.L. Thigpen vs. City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-9295 re policy statement There was presented Mayor and Council Communication No. G-9295 from the City Manager of public improve- stating that the first public improvement district successfully established and implemented ment districts in the state of Texas was the downtown district in Fort Worth; that, since 1986 two additional districts have been implemented in Fort Worth and still more districts are anticipated; that the proposed policy is based on the experience gained through the establishment of three districts; that the intention of the proposed policy is to identify potential issues and have them satisfactorily addressed before a petition is submitted to the City Council for consideration; and recommending that the City Council adopt the policy regarding the establishment and continuation of public improvement districts. Mrs. Ann Di vel ey Mrs. Ann Di vel ey, representing the Office of Economic Development, appeared before the re M&C G-9295 City Council and advised the City Council that there are three improvement districts; Improvement District No. 1 encompasses the downtown area, Improvement District No. 2 is located in Park Glen in far north Fort Worth, and Improvement District No. 3 is bound by Lancaster and Vickery Street and advised the City Council that the names of the members of the advisory board of Improvement District No. 1, the petition and name of petitioners of Improvement District Nos. 2 and 3, the geographic areas of each district, the charge and the reason for creation of each improvement district would be provided to the City Council. Minutes of City Council S-3 Page 362 �63 Tuesday, September 10, 1991 C G-9295 cont. Council Member Matson made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9295 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. The policy statement for Public Improvement Districts is as follows: POLICY STATEMENT PUBLIC IMPROVEMENT DISTRICTS CITY OF FORT WORTH OVERVIEW Public Improvement Districts (PIDs) provide a development tool that allocates costs according to the benefits received. In times of declining city revenues, a PID can provide a means to fund supplemental services and improvements to meet community needs which could not otherwise be constructed or provided and be paid by those who most benefit from them. The purpose of the PID policy is to outline the issues to be addressed before the City Council can support the establishment and continuation of a public improvement district. The policy outlines such things as petition requirements, information to property owners, and determination of annual plan of services, budget and assessments. It addresses city administration issues which are in addition to the requirements of state law. A. GENERAL 1. Public Improvement Districts (PIDs) must be self-sufficient and not adversely impact the ordinary service delivery of the City, except where City Council elects to participate in the project's costs. 2. PIDs must be established carefully and only when related to a public purpose to avoid a proliferation of special districts. 3. PID petition signatures should reflect the broadest possible support. 4. Priority will be given to PIDs for (a) improvements in the public right-of-way (e.g., entryways, landscaping, fountains, specialty lighting, streets and sidewalks; (b) improvements which meet community needs (e.g., drainage improvements, parks and off-street parking facilities); and (c) improvements related operations and maintenance expense (e.g., sidewalk and street cleaning). Secondary consideration will be given for other "supplemental services". Very careful consideration must be given before City Council will support a PID for improvements which require bond financing. Use of assessments for partial recovery of a developer's capital costs will be allowed only in special cases where extraordinary public benefit is shown. Only those capital costs associated with continuing district services will be considered for partial recovery. 5. A PID's budget shall include sufficient funds to pay for all costs above and beyond the City's ordinary costs, including additional administrative and/or operational costs as well as additional maintenance costs resulting from the PID. 6. A PID's petition and Plan of Services should contain procedures for the eventual termination of the PID without imposing unintended costs on the City. If the PID includes improvements in the right-of-way, the PID budget should include funds which could be used.at termination to remove or modify improvements. 7. The petition should include the notation that it is the City's right to maintain the project and assess the property owners of their appropriate share of the costs if the management firm's work is unsatisfactory. B. SPECIFIC POLICIES 1. Before a PID can be established, the City Council must make a determination that a public purpose will be served. Minutes of City Council S-3 Page 363 361 Tuesday, September 10, 1991 2. If funding is available, the City may participate in the "additional" cost M&C G-9295 cont.- of a PID to the extent that the project would provide general city benefits which exceed the local benefit and the project could not be done without public participation. 3. A determination to use city funds to share in the costs of a PID will be treated the same as any other spending decision and must be justified annually on its merits when evaluated with alternative uses for such funds during the normal budgeting process of the city. 4. All city -owned land and improvements within a PID that are being used or are dedicated for use to provide a public service and will not benefit from the PID improvements and services (e.g., streets and parks) will not be assessed. Al other city -owned property that will benefit from the PID will be assessed on an equitable basis comparable to property similarly benefitted. 5. It is strongly recommended that property owned by governmental bodies other than the City be assessed on a basis similar to that applied to the City of Fort Worth; and, except in the case of hardship, other tax-exempt property should be assessed in proportion to benefits received in the same manner as non tax-exempt property. 6. Anyone selling land in a public improvement district must include a "title encumbrance" which notifies any prospective property owner of the existence or proposal of special assessments on the property. All closing statements must specify who is responsible for payment of the PID assessment on a pro rata share thereof. C. PETITION REQUIREMENTS For a district to be established a petition shall include the following: 1. Assurance of long-term backing and support. 2. Sunset clause or procedures outlined for public review and periodic evaluation of the success of the PID and a determination of property owners whether to continue with the district or dissolve it. 3. Evidence that petition signatures meet the state law requirements or the petition will be accompanied by a reasonable fee to cover the city costs of signature verification. 4. Details of how the district will fully fund city costs over and above those provided to the city in general, such as use of City personnel, data services, appraisal, notifications and collection fees. The City will have the option to use in-house personnel or to contract with outside agencies to provide the same services if it is more cost-effective. 5. Contingency plan to address the maintenance or removal of PID improvements if a PID is dissolved. 6. Map of the area, description of the boundaries of the district for the legal notices and a "commonly known" description of the area to be included in the district. 7. Section which clearly identifies the benefit of the PID to the affected property owners (for use in benefit hearings) and to the city as a whole (i.e., public purpose). 8. Description of all city -owned land within the district as well as its proposed share of project costs. 9. Types of activities the District organization will undertake and who will determine those activities. 10. Budget, including District revenue in addition to the assessments, and how all funds will be managed. 11. Staffing needs. 12. Documentation of adequate liability insurance. 13. Specified procedure for eventual termination of the district. 14. Specified assurances to the City that the construction of improvements in the public right-of-way in no way obligates the City to future maintenance or operation costs. Minutes of City Council S-3 Page 364 3f�5 Tuesday, September 10, 1991 15. Statement that the petitioners understand that the annual budget for the M&C G-9295 cont. district is subject to review by city staff with final approval by the City Council. In addition, the following issues must be addressed before the City Council will take action on a petition. 1. An "application fee" will be paid by the applicant to reimburse the city for the cost of evaluating the petition. Any unexpended portion of the fee shall be reimbursed to the PID or applicant when the evaluation is complete. 2. A petition will be viewed more favorably if it has attached a current tax roll with the signatures of the owners registering support of the petition next to the account for the owner's property on the tax rolls. 3. All costs must be identified before a decision is reached on a request to establish a PID. Costs to be identified include costs related to establishing the district; costs for maintenance, operations and administration; and costs for later revision, repair or replacement of any improvements. 4. A professional management plan must be submitted for review and approval before the petition is submitted (e.g., who will address issues as they arise and how they will be addressed). lr 5. For a residential PID, the City Council will look more favorably on a petition where the developer of a new subdivision has put in place, as a backup, a homeowners organization which mirrors the PID and may be implemented if the PID is dissolved. 6. Any management firm for the PID shall be required to annually hold a hearing for property owners in the PID to consider and approve the Budget and Plan of Services before it is submitted to the City Council for action. M&C G-9297 re Knights of There was presented Mayor and Council Communication No. G-9297 from the City Manager Columbus stating that the Knights of Columbus is a non-profit organization which sponsors numerous events throughout the year and award the proceeds to various charitable organizations requests permission to sale beer during their annual softball tournament; that all details will be coordinated in advance with the Park and Recreation Department staff; that all teams, staff spectators and the facilities will be covered under the Amateur Softball Association insurance policy taken out by the City of Fort Worth; that the rental revenue for all field and light charges due the City of Fort Worth will be collected by the Park and Recreation Department and deposited to the General Fund; and recommending that City Council permit the Knights of Columbus to sell beer at Gateway Park during their annual softball tournament September 15-16, 1991. Mrs. Libby Watson re M&C G-9297 Mrs. Libby Watson, Assistant City Manager, appeared before the City Council and advised the City Council that the practice of selling beer in City parks at fund raising events is routinely done if the organization meets certain criteria set by the City of Fort Worth. Council Member Puente requested that staff provide to the City Council a report on beer sales at City parks. Council Member Meadows made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. G-9297 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M & C P-5200 re There was presented Mayor and Council Communication No. P-5200 from the City Manager purchase agree- submitting a tabulation of bids received for janitorial supplies for the City of Fort Worth; men t with L& D Sup- stating that the Director of Fiscal Services certifies that the funds required for this Ply anticipated expenditure during the 1990-91 fiscal year are available in the current capital budget, as appropriated, and funds required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the City Council authorize a purchase agreement with L & D Supply to provide janitorial cleaners and cleaning supplies; and a purchase agreement with Lind Paper to provide various paper products and trash bags, with terms of agreement to begin August 25, 1991, and end August 24, 1992, with a one-year renewal option. It was the consensus of the City Council that the recommendations be adopted. M&C P-5201 re There was presented Mayor and Council Communication No. P-5201 from the City Manager purchase agree��tA men is with multi- submitting a tabulation of bids received for purchase agreement to provide lamps and ple vendors ballasts for City of Fort Worth; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1990-91 Fiscal Year are available in the current operating budget, as appropriated, 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 Summers Electric and Miller Electric based on low bid of unit prices of categories, as determined by vendor's catalogue price less discount of two percent Minutes of City Council S-3 Page 365 Tuesday, September 10, 1991 M&C P-5201 cont.II 30 days, with term of agreement to begin September 1, 1991, and end August 31, 1992, with option to renew for two additional years. City Attorney Adkins advised the City Council that Council Members Puente and Chappell will not have conflicts of interest on Mayor and Council Communication No. P-5201. Council Member Meadows made a motion, seconded by Council Member Puente, that Mayor and Council Communication No. P-5201 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C, P-5202 re There was presented Mayor and Council Communication No. P-5202 from the City Manager purchase agree- submitting a tabulation of bids received for a purchase agreement to provide fire fighting ment with Chem- foam for the City of Fort Worth; stating that the Director of Fiscal Services certifies that guard, Inc. funds required for this anticipated expenditure during the 1990-91 fiscal year are available in the current operating budget, as appropriated, and funds required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the purchase agreement be authorized with Chemguard, Inc., on its low bid meeting City specifications of $10.30 per gallon net f.o.b. Fort Worth, with term of agreement to begin September 1, 1991, and end August 31, 1992, with option to renew for two additional years. It was the consensus of the City Council that the recommendations be adopted. M&C, P-5203 re There was presented Mayor and Council Communication No. P-5203 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide high voltage with Shermco equipment repair, testing, and calibration for the City of Fort Worth; stating that the Industries Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1990-91 fiscal year are available in the current operating budget, as appropriated, and funds required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the purchase agreement be authorized with Shermco Industries at a labor rate of $48.00 per hour, parts provided at discount of 15 percent from dealer's list price f.o.b. Fort Worth, with term of agreement to begin September 10, 1991, and end September 9, 1992, with option to renew for two additional years. It was the consensus of the City Council that the recommendations be adopted. M&C, P-5204 re purchase agreement There was presented Mayor and Council Communication No. P-5204 from the City Manager with All Cities submitting a tabulation of bids received for a purchase agreement for the lease of ice Service machines for various departments; stating that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in this agreement are available in the current operating budget, as appropriated, of the appropriate Funds and funds required for the 1991-92 fiscal year will be included in the proposed budget; and recommending that the City Council authorize a purchase agreement with All Cities Service for the lease of ice machines for various departments on its low bid meeting specifications of the unit prices; and authorize a purchase agreement with American Ice Machines, Inc., for repair service to City -owned ice machines at $30.00 per hour for labor and parts at list price less 30 percent discount, with terms of agreements to begin October 1, 1991, and end September 30, 1992, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-5205 re There was presented Mayor and Council Communication No. P-5205 from the City Manager agreement with stating that the City Council approved the annual agreement for rental paging services for Metromedia Paging all City departments requesting service on October 30, 1990, by Mayor and Council Services Communication No. P-4528 with the option to renew annually for three years; that this has proven to be an inexpensive method of communication for notifying employees when other methods are inaccessible, unavailable, or inconvenient; stating that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in this agreement are available in the current operating budget, as appropriated, of the appropriate funds; and recommending that the City Council exercise the first option to renew the annual agreement of digital pager rental with Metromedia Paging Services for the unit price of $7.73 per month, and authorize all City departments to participate in this agreement, as needed, effective October 1, 1991, through September 30, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C, P-5206 re There was presented Mayor and Council Communication No. P-5206 from the City Manager purchase for submitting a tabulation of bids received for the purchase of a one-year policy for aviation aviation insuran- ce insurance for the Risk Management Department; stating that the Director of Fiscal Services certifies that funds required for this q purchase are available in the current operating budget, as appropriated, of the Insurance Fund; and recommending that the City Council authorize the purchase of a one-year policy for aviation insurance from Dickerson, Llewellyn & Fitzgerald Agency, Inc., on its low bid for an amount not to exceed $6,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-5207 re There was presented Mayor and Council Communication No. P-5207 from the City Manager purchase f rom recommending that the City Council authorize the purchase of a portable data logging flow Southwest Fluid meter system for the Water Department, Water Production Division from Southwest Fluid Products, Inc. Products, Inc., sole source, for $14,305.00 f.o.b. Fort Worth, to be used to improve the capability of monitoring for water loss surveys, trunk main studies, water distribution studies, pump efficiency tests,. and existing meter accuracy studies; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget of the Water & Sewer Fund. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 366 Tuesday, September 10, 1991 M & C P-5208 re There was presented Mayor and Council Communication No. P-5208 from the City Manager purchase from submitting a tabulation of bids received for the purchase and installation of a security Ray's Fence Co., gate for the Water Department; stating that the Director of Fiscal Services certifies that Inc. cont. for funds for this purchase are available in the current operating budget of the Water and Sewer 6ne weeks Operating Fund; and recommending that the purchase and installation be authorized from Ray's Fence Co., Inc., on its low bid meeting City specifications of $16,400.00 net f.o.b., Fort Worth. Mr. Edwin Cook re Mr. Edwin Cook, Assistant Finance Director, appeared before the City Council and M&C P-5208 advised the City Council that the specifications of the security gate for the Water Department resulted in the increased purchase price. Council Member Puente made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. P-5208 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10611 re There was presented Mayor and Council Communication No. L-10611 from the City Manager easement with stating that a permanent easement is required over a parcel of land situated in the State Enserch Corporation of Texas, County of Denton, and being part of 202.0947 acre tract located in the G. Overton Survey, Abstract No. 972 and the A. McDonald Survey, Abstract No. 786 and described in deed, dated March 1, 1990, from American Airlines, Inc., to Alliance Airport Authority, Inc., and recorded in Volume 2750, Page 0636 of the Deed Records of Denton County, Texas, said easement being a 15 foot wide strip of land approximately 175 feet long with a measuring station lot being 50 foot long and 39.58 feet wide; and recommending that the City Council authorize the Alliance Airport Authority to execute an easement to Enserch Corporation for the purpose of constructing and maintaining a gas pipeline over property at Alliance Airport currently rented to American Airlines. Council Member Matson, on advice from City Attorney Adkins, disqualified himself from voting on Mayor and Council Communication No. L-10611. Council Member Meadows made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. L-10611 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber NOT VOTING: Council Member Matson M&C L-10612 re There was presented Mayor and Council Communication No. L-10612 from the City Manager interest in .770 recommending that the City Council declare the necessity of taking an interest in .770 acres acres out of the out of the R.R. Ramey Survey, Abstract No. 1341 required for Green Oaks Boulevard from Jake R.R. Ramey u13 41 Abstract No..1341 Cook and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendations be adopted. M&C L-10613 re There was presented Mayor and Council Communication No. L-10613 from the City Manager interest in right- recommending that the City Council declare the necessity of taking an interest in a right- of-way easement of -way easement (slope) out of the R.R. Ramey Survey, Abstract 1341 required for Green Oaks out of R.R. Ramey Boulevard from Jake Cook and authorize the City Attorney to institute condemnation Survey, Abstract proceedings to acquire the interest in the land. It was the consensus of the City Council 1 341 that the recommendations be adopted. M&C L-10614 re There was presented Mayor and Council Communication No. L-10614 from the City Manager interest in right -I recommending that the City Council declare the necessity of taking an interest in right -of - of -way easement out way slope easements out of the R.R. Ramey Survey, Abstract 1341 required for Green Oaks of R.R. Ramey Sur- Boulevard from Jake Cook, Trustee; and authorize the City Attorney to institute condemnation vey, Abstract No. 1341 proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendations be adopted. M&C L-10615 re There was presented Mayor and Council Communication No. L-10615 from the City Manager recording of ease- recommending that the City Council authorize the execution and recording of easement and ment and right -of-•, right-of-way for a portion of Tract 2, John Smith Survey, Abstract 1446, to Texas utilities way Electric Company, located at Meadowbrook Drive west of Village Creek. It was the consensus of the City Council that the recommendation be adopted. M&C L-10616 re There was presented Mayor and Council Communication No. L-10616 from the City Manager lease agreement stating that Drs. David P. Capper and Robert T. Keller have been leasing office space at 700 with Dr. David P. West Rosedale for 1-1/2 years; that they have been on a month-to-month lease and have Capper, and Dr. Robert T. Keller negotiated a one-year lease with an option to renew for two additional one-year terms; that the lease rate is increased five percent to $1,890.00 per month; and recommending that the City Council approve and authorize the City Manager to execute a lease agreement with Dr. David P. Capper, and Dr. Robert T. Keller, for 2,500 square feet of office space at 700 West Rosedale (Lot 40R, Park Subdivision) for a lease rate of $1,890.00 per month. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 367 M&C L-10617 re acquisition of pro perty describedas Lot 1, Block 12-R, Eastwood Terrace Addition M&C C-13053 re approved Change Order No. 1 to contract with Cadenhead Con- struction Company Inc. ity Manager Ivory e M&C C-13053 Tuesday, September 10, 1991 There was presented Mayor and Council Communication No. L-10617 from the City Manager recommending that the City Council authorize the acquisition of Lot 1, Block 12-R, Eastwood Terrace Addition from Webber Gardens Apartments, Ltd. for alignment of Village Creek Road; find that $257.70 is just compensation for property acquired for alignment of Village Creek Road; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-13053 from the City Manager, as follows: SUBJECT: CHANGE ORDER NO. 1 TO CONTRACT WITH CADENHEAD CONSTRUCTION COMPANY, INC., FOR ALLIANCE AIRPORT TRAFFIC CONTROL TOWER RECOMMENDATION: It is recommended that the City Council: 1. Approve Change Order No. 1 in the amount of $91,513.00 with 60 additional calendar days, and 2. Authorize the City Manager to increase City Secretary Contract No. 18308 with Cadenhead Construction Company, Inc., to $3,391.513.00 and 365 calendar days for the construction of the Alliance Airport Traffic Control Tower. DISCUSSION! On January 29, 1991 (M&C C-12710), the City Council approved a contract award to Cadenhead Construction Company, Inc., in the amount of $3,300,000.00 and 305 calendar days for the construction of the Alliance Airport Traffic Control Tower. The City code requires air traffic control towers and other high rise buildings to have a fire suppression system. The FAA requires a partial fire sprinkler system be installed in the office area and elevator lobbies. However, full compliance with fire sprinkler design requires that the system be altered to include protection in the tower and a pre -action system in the tower cab, computer room and equipment room. Cost for this additional protection is $86,595.00. Five minor changes are also needed in the proposed change order, including door modifications, power and control wiring for the cab hoist and stair hoist, deletion of six dry standpipe pressure switches, revision of rails at stair platforms, addition of toe plates at the cab walkway and revision of the joint detail for the limestone panels. These minor changes total $5,316.00. The contractor requests that an additional 60 days be added to the original contract for this change order. Staff has reviewed the additional cost and time and finds it to be reasonable for the work to be done. PROJECT COST AND TIME: Original Contract Amount: $3,300.000.00 305 days Proposed Change Order No. 1: 91,513.00 60 days Proposed Contract Amount: $3,391,513.00 365 days Approval of this change order increases the contract amount by 2.8% FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this change order are available in the current capital budget of the Alliance Airport Fund. City Manger Ivory advised the City Council that the cost for the construction of the Alliance Airport traffic control tower was $3,391,513.00. Council Member Puente made a motion, seconded by Council Member Meadows, that Mayor and Council Com"M-unication No. C-13053 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-13054 re There was presented Mayor and Council Communication No. C-13054 from the City Manager rant from Texas recommending that the City Council authorize the City Manager to accept a grant from the ep ar tm en t of Texas Department of Commerce in the amount of $4,796,000.00 to provide services under the ommerce Job Training Partnership Act Title III Secretary's Discretionary Retraining Grant to provide services to workers dislocated from General Dynamics for the period of May 13, 1991, through July 31, 1992; execute a contract with the Texas Employment Commission for an amount not to exceed $372,109.00 for retraining services under the grant; authorize the Fiscal Services Department to implement the specified project accounts in the City of Fort Worth financial accounting system per the letter of obligation authority from the State; and apply indirect cost rate of 2.44 percent which represents the most recently approved rate for the Employment and Training Department in accordance with the City's Administrative Regulation 3-15. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council S-3 Page 368 x369 Tuesday, September 10, 1991 M&C C-13055 re There was presented Mayor and Council Communication No. C-13055 from the City Manager contract with stating that the City Council approved Mayor and Council Communication No. C-12546 on Texas Department October 2, 1990, authorizing the City Manager to accept and execute the Texas Department of of Health Local Health Services Health Local Services umbrella contract for FY 1990-91; that Attachment 04 of the contract supports Fort Worth Public Health Department Community and Rural Health activities which encompass a variety of program areas including laboratory services; that the proposed amendment would approve the expenditure of the State's share of program -related income totaling $43,450.00 for laboratory equipment used for clinical chemistry analyses, (glucose, liver profiles, lipid profiles, etc.), and complete blood cell profiles; that no other changes to the contract are required; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget of the Grants Fund; and recommending that the City Manager be authorized to accept and execute Texas Department of Health Local Health Services Contract Attachment 04B, approving the expenditure of $43,450.00 for Laboratory Division equipment from the State's share of program -related income. It was the consensus of the City Council that the recommendation be adopted. M&C C-13056 re There was presented Mayor and Council Communication No. C-13056 from the City Manager cont f o r one week stating that City staff reviewed the Central Library Project with the City Council at the Library Improve- May 7, 1991, pre -council session; that staff presented a recommended program of work for a me nts revised Phase One that would primarily address construction work at the ground floor level as well as the water infiltration problem that exists in the building; that the Council informally authorized the staff to proceed toward construction of $3,590,000.00. of improvements to the existing facility and preparatory work for future expansion; that it will be necessary to conduct an environmental assessment before any renovation or construction work can occur; that this work was not a part of the original contract, and the architect has proposed to provide the additional services for a fee of $10,000.00, which would increase the architectural contract to $840,500.00; stating that the Director of Fiscal Services certifies that, upon approval of Recommendation No. 1, funds required for this contract amendment will be available in the current capital budget, as appropriated, of the Library Improvements Fund GC65; and recommending that the City Council authorize the transfer of $10,000.00 from the Library Improvements Fund GC37 to the Library Improvements Fund GC65;-authorize the City Manager to proceed with the revised Phase One of the Central Library CIP Project; and authorize the City Manager to execute an amendment to City Secretary Contract No. 16269 with The O'Brien Partnership in the amount of $10,000.00 for the environmental evaluation of the'Central Library. Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. C-13056 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Assistant City Assistant City Manager Ramon Guajardo appeared before the City Council and advised the Manager Ramon City Council that it would take approximately 16.8 million dollars to 18.7 million dollars G uaj a rd o re M&C to replace the existing square footage of the downtown library which would be in addition C-13056 to the construction cost of the expansion project which is 20 million dollars for the full expansion project for the four additional floors. Council Member Council Member Chappell requested an analysis in writing of the projected costs of the Chappel re M&C downtown library expansion. C-13056 Council Member Matson re Council Member Matson requested that the City Council be provided with the financial M&C C-13056 implications of proceeding with the revised Phase One of the Central Library CIP Project. Council Member Council Member Puente requested that the City Council be provided with information on Puente re M&C how the library expansion project will solve the water leakage problem at the downtown C-13056 1 ibrary. Zoning Hearing It appearing to the City Council that Resolution No. 1753 was adopted on August 20, 1991, setting today as the date for hearing in connection with the recommended changes and amendments, tat Zbning Ordinance No: 3011 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 23, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Z-91-062 It appearing to the City Council that on August 13, 1991, the City Council continued the hearing in connection with the application of Bill Williamson and Don Williamson for a change in zoning of property located in the 9700 Block of Blue Mound Road from "G" Commercial to "I" Light Industrial, Zoning Docket No. Z-91-62 from day to day and time to time and especially to the meeting of September 10, 1991, to give every interested person or citizen opportunity to be heard, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Robert M. Mr. Robert M. Cousin, 1615 Amanda Avenue, applicant for a change in zoning of property Cousin re located at 1615-1617 Amanda Avenue from "E" Commercial to "I" Light Industrial, which Z-91-040 application was recommended by the City Zoning Commission for denial, appeared before the City Council and requested that the City Council give favorable consideration to his application for a change in zoning of property located at 1615-1617 Amanda Avenue from "E" Commercial to "I" Light Industrial, Zoning Docket No. Z-91-040. Minutes of City Council S-3 Page 369 X70 Tuesday, September 10, 1991 Mr. Joe Bilardi Mr. Joe Bilardi Director of the Development Department, appeared eared before the Cit re Z-91-040 Council and advised the City Council that Mr. Robert M. Cousin did not file a letter of appeal within the 12 day time period and that the zoning case could not be set for an appeal hearing. lilt, Council M eaibe r' Council Member McCray made a motion, seconded by Council Member Chappell, that the City Council uphold the recommendation of the City Zoning Commission to deny the application of -Mr. Robert M. Cousi n for j a,!ichange i n zoni ng of property 1 ocated at 1615-1617 Amanda Avenue from "E" Commercial to "I" Light Industrial, Zoning Docket No. Z-91-040. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Granger referred Mr. Robert M. Cousins to Mr. Joe Bilardi, Director of the Development Department. Specail Zoning Council Member Chappell made a motion, seconded by Council Member McCray, that this Hearing Z-91-061 special zoning hearing on Docket No. Z-91-061 be moved to the end of the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member McCray, made a motion, seconded by Council Member Puente, that the hearing be closed and that the recommended changes in zoning be approved, as follows: Z-91-062 Z-91-62 BILL WILLIAMSON AND DON WILLIAMSON by Bill Boomer 9700 Block of Blue Mound Road From "G" Commercial to "I" Light Industrial J. Z-91-066 • Z-91-66 CARROLL H., PAYNE- I I ~ . 2600 Sixth Avenue ,. From "A' One -Family Residential to 'A-H/C" One-Family/Historical and Cultural Z-91-067 Z-91-67 FOSTER ENTERPRISES by John Atchley 3500 Southwest Loop 820 Budget Hearing Mr. John B. Cook re four additional positions in the Code Enforcement Department Mr. David E. Hall re Fort Worth Health Department; infant mortality` Dr. Nick Curry re statistics from the State Depart- ment of Health Mr. Don Taylor re pay raise to City employees Mr. Martin Baskin re layoff of employees at the Will Rogers Com- plex Mrr.,Ben B. Boothe re;budget increase in the Mayor and Council Budget From "E" Commercial to "FR" Restricted Commercial It appearing to the City Council that on September 3, 1991, the City Council continued the hearing in connection with the proposed budget for the 1991-92 Fiscal Year until the 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. John B. Cook, 7108 Serrano Drive, appeared before the City Council and expressed opposition to an increase of four additional positions in the Code Enforcement Department for the proposed 1991-92 budget. Mr. David E. Hall,:12055•,Alta Vista, appeared before the City Council and presented an infant mortality study and advised the City Council that, in his opinion, the statistics reported by the Fort Worth Health,Department.,were skewed. Dr. Nick Curry, Health Department Director, appeared- before the City Council and advised the City Council that the statistics used by the Fort Worth Health Department were provided by the State Department of Health. Mr. Don Traylor, 6408 Moon Glow Lane, appeared before the City Council and expressed opposition to the proposed rate difference in the pay raise to be given to City employees. Mr. Martin Baskin, 424 Colonial, appeared before the City Council and expressed opposition to the hiring practices and pay raises awarded to upper management staff of Public Events and expressed opposition to proposed layoff of employees at the Will Rogers Complex. Mr. Ben B. Boothe, 8851 Highway 80 West, appeared before the City Council and expressed opposition to the proposed budget increases in the Mayor and Council Budget for Fiscal Year 1991-92. Ms. Deborah Jung Ms. Deborah Jung, Director of the Fort Worth Theater School and Kids' Who Care, 2340 re bed tal allo ca- Mistletoe Boulevard, appeared before the City Council and expressed her concerns about the tion bed tax allocation and its effect on children throughout the City. Mr. William Garber Mr. William Garber, 4205 Calmont, representing the Scott Theater and Museum of Modern re budget to the Art, appeared before the City Council and expressed opposition to the proposed reduction in Museum of Modern funds allocated to the Museum of Modern Arts in the 1991-92 Budget. Arts Minutes of City Council S-3 Page 370 Ms. banara Kammerer Box re pay raises to City employees Mr. Charles Ansley, re four percent pay! increase across- the-board to City employees Ms. Louis McMullen re parking fee at Will Rogers Complex Ms. Katherine Spears re parking fees in the cultur- al district Mayor Pro tempore Webber assumed her chair Sister Mary Ful - bright re swimming pool -in Stop Six area M&C G-9296 re demolition of substandard struc- tures at 37 loca- tions Mrs. Gail Baxter rE M&C G-9296 Tuesday, September 10, 1991 Ms. Sandra Kammerer -Box, 9009 Softwind Court, appeared before the City Council and requested that the City Council give favorable consideration to awarding pay raises to City employees. Mr. Charles Ansley, 1340 Woodland, appeared before the City Council and requested that the City Council give favorable consideration to awarding a four percent pay increase across-the-board to City employees rather than basing it on performance. Ms. Louise McMullen, 6213 Ravenwood Drive, representing the Altrusa Club, appeared before the City Council and requested that the City Council suspend the proposed parking fees at the Will Rogers Complex during the Annual Senior Citizens' Fair in the month of October 1991. Ms. Katherine Spears, 3881 South Hills Circle, appeared before the City Council and expressed opposition to the proposed parking fees in the cultural district. Mayor Pro tempore Webber assumed her chair at the Council table. 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. Sister Mary Fulbright, 6632 Normandy, appeared before the City Council and requested that the City Council provide a swimming pool in the Stop Six area she advised the City Council that in her opinion swimming pools, parks, and jobs provided by the City of Fort Worth would aid in the decrease of crime and presented to Council a check in the amount of $100.00. It appearing to the City Council that the City Council set today as the date for public hearing regarding the demolition of substandard structures at 37 locations by multiple vendors for the City Services Department, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Gail Baxter, representing the City Services Department, Code Enforcement Division, appeared before the City Council and gave a staff report for the substandard structures in question and called attention of the City Council to Mayor and Council Communication No. G-9296, as follows: SUBJECT: DEMOLITION OF SUBSTANDARD STRUCTURES AT 37 LOCATIONS BY MULTIPLE VENDORS FOR CITY SERVICES DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Confirm that each structure listed herein is substandard and a nuisance, and 2. Authorize contracts for demolition of structures for the City Services Department on the low bid per unit basis of follows: (1) Action Excavating Corp. Inc. $23,573.00 Units 2, 6, 9, 10, 18, 20, 22, 23, 24, 25, 26, 27, 28, 32, 35, 37 (2) Howard Darby d/b/a $22,858.00 Dyn-o-mite Demolition Units 1, 4, 5, 8, 11, 12, 13, 17, 21, 29, 30, 31, 33, 34, 36 (3) Calvin Sims d/b/a $ 7,690.00 Calvin Sims Excavating and Wrecking Units 7, 14, 15, 16 (4) Brown Excavating Co. Inc. $ 3,500.00 Unit 3 (5) Briggs and Son Wrecking Co. $ 649.00 Unit 19 Total amount not to exceed $58,270.00 f.o.b., Fort Worth, Texas, and 3. Authorize a lien be filed against each property to cover the cost of demolition and administration. UNIT DESCRIPTION 1. 2803 Lipscomb Avenue and Rear Minutes of City Council S-3 Page 371 372 M&C G-9296 cont. Tuesday, September 10, 1991 2. 812 West Butler Street 3. 913 East Davis Avenue and Rear 4. 1016 East Davis Avenue 5. 915 East Richmond Avenue 6. 1017 East Jefferson Avenue 7. 1309 East Maddox Avenue 8. 1169 East Oleander Street 9. 1128 East Stella Street 10. 1124-26 East Stella Street 11. 1105 East Stella Street 12. 601 Martin Luther King Freeway 13. 732 McCurdy Street and Rear 14. 3533 Canyon Ridge Drive 15. 2909 Avenue B and Rear 16. 3421-23 Avenue J and Rear 17. 3521 Burton Avenue and Rear 18. 1704 Lloyd Avenue 19. 1709 Vera Avenue and Rear 20. 1733 Dillard Street and Rear 21. 3725 Stalcup Road 22. 4017 Knox Street 23. 1003 Baurline Avenue and Rear 24. 2510 Dell Street 25. 1619 Gould Avenue and Rear 26. 2407 Lee Avenue 27. 2808 Lee Avenue and Rear 28. 2808 Ross Avenue 29. 2819 Prospect Avenue 30. 2951 McKinley Avenue and Rear 31. 3203 Columbus Avenue 32. 2621 True Avenue 33. 6051 Anahuac Avenue and Rear 34. 5821 Bonnell Avenue and Rear 35. 5628 Shiloh Avenue . 36. 4201 El Campo Avenue and Rear 37. 4828 Lowell Lane and Rear n T n T 11 n l n II T r A u Bidder Amount Bid 1. Briggs and Son Wrecking Co. $79,458.00 Fort Worth, Texas 2. Action Excavating Corp. Inc. $65,134.00 Saginaw, Texas Minutes of City Council S-3 Page 372 Tuesday, September 10, 1991 M&C G-9296 cont.II 3. Howard Darby d/b/a Dyn-o-mite Demolition $62,243.00 Dallas, Texas 4. Calvin Sims d/b/a $63,325.00 Calvin Sims Excavating and Wrecking Fort Worth, Texas 5. Brown Excavating Co. Inc. $42,600.00 Fort Worth, Texas 6. Dickie Carr Paving and Asphalt $24,657.00 Fort Worth, Texas All terms are net and bid tabulation is attached. Bid invitations were mailed to thirty-two prospective bidders and twenty-six vendors did not respond. Bid was advertised in the Fort Worth Star -Telegram on August 1 and August 8, 1991. COMMENTS ON SPECIFICATIONS: Specifications required vendor to demolish structures and to remove all debris, trash, unsightly and objectionable matter from the demolition premises to a state licensed or properly permitted landfill site. The bid specifications also provided that each location would be awarded based upon the low bid for that particular location. DISCUSSION: The Minimum Building Standards Code (Chapter 7, Article IV, Fort Worth City Code) provides civil proceedings for the repair or demolition of substandard structures in the City of Fort Worth. The Code Enforcement Division has been unable to obtain Code compliance for the structures listed. The Building Standards Commission has heard each case and has tried to work with the property owners toward rehabilitation, or voluntary removal, but the owners continue to delay abatement of the substandard condition. The Commission has ordered that each of the structures be demolished in accordance with Section 7-122 of the Code of the City of Fort Worth. Final approval by the City Council is now required in order to demolish the structures and remove debris from the lots. Property owners and lienholders have been notified that the Housing Official will recommend that the City Council award demolition contracts during the regular meeting on September 10, 1991. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for these contracts are available in the current operating budget, as appropriated, of the General Fund. The Revenue Collection Division of the Fiscal Services Department is responsible for collection of funds due the City under this agreement. Mr. Chris C. Scheu Mr. Chris C. Scheu, 844 Atlanta, appeared before the City Council and requested a 60 -- re M&C G-9296 day extension to make improvements to the property located at 1017 East Jefferson, Unit No. 6. Barbara E. Jones Mesdames Barbara E. Jones and Gloria E. Daniels, 6037 Rickenbacker, appeared before and Gloria E. the City Council and requested that an extension be granted in order to make improvements Daniels re M&C. to the property located at 1003 Baurline, Unit No. 23. G-9296 Mr. Ricky Pike reMr. Ricky Pike, 5926 Houghton, appeared before the City Council and requested that an M&C G-9296 extension be granted in order to make improvements to the property located at 6051 Anahuac, Unit No. 33. Mrs. Gail Baxter Mrs. Gail Baxter, representing the City Services Department, Code Enforcement re M&C G-9296 Division, appeared before the City Council and advised the City Council that abatement costs and administrative costs are charged to the owner or owners of the property. Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. G-9296 be approved. Council Member Puente made a substitute motion, seconded by Mayor Pro tempore Webber, that Mayor and Council Communication No. G-9296 be approved with the exception of Unit 23 and that the property at 1003 Baurline, Unit No. 23, be granted an extension of 90 days. When the motion was put to a vote by the Mayor, it prevailed unanimously. Special Zoning Hearing It appearing to the City Council that Resolution No. 1753 was adopted on August 20, 1991, setting today as the date for special hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has been given by notice in the Fort Worth Star -Telegram; the official newspaper of the City of Fort Worth, Texas, on August 23, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Minutes of City Council S-3 Page 373 4 37-1 Tuesday, September 10, 1991 Mr. Barney B. Mr. Barney B. Holland, Jr., representing applicant for a change in zoning of property Holland, Jr. re located at 1801 Bomar Street from "J" Light Industrial to "J/S" Light Industrial/Sign Z-91-061 Subdistrict, Zoning Docket No. Z-91-061., Mr. Charles Ferree, appeared before the City Council and requested that the City Council give favorable consideration to the proposed change in zoning of property located at 1801 Bomar Street from "J" Light Industrial to "J/S" Light Industrial/Sign Subdistrict, Zoning Docket No. Z-91-061. Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean, East District Section Zoning Commission Chairman, re Z-91-061 appeared before the City Council and requested that the City Council give favorable consideration to the proposed change in zoning of property located at 1801 Bomar Street from "J" Light Industrial to "J/S" Light Industrial/Sign Subdistrict, Zoning Docket No. Z-91-061. Z-91-061 approved Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that the application of Charles Ferree for a change in zoning of property located at 1801 Bomar Street from "J" Light Industrial to "J/S" Light Industrial/Sign Subdistrict, Zoning Docket No. Z-91-061, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Puente. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Pro tempore Webber The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10915 10915 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. It was the consensus of the City Council that the City Council meet in closed or Met in closed executive session for the following purposes: or executive session 1. To seek the advice of its attorneys concerning the following pending litigation: Glenda A. Braun v. City of Fort Worth, et al, Cause No. 89-13362 as authorized by Section 2(e), Article 6252-17, V.A.C.S. 2. To seek the advice of its attorneys concerning the following matters which are exempt from public disclosure by Rule 1.05, Texas Disciplinary Rules of Professional Conduct (Art. X, Section 9, State Bar Rules): $27,000,000.00 Trinity Housing Finance Corporation Multi -Family Housing Revenue Bonds, Series 1985' as authorized by Section 2(e), Article 6252-17, V.A.C.S. Minutes of City Council S-3 Page 374 373 - Tuesday, September 10, 1991 Met in closed or 3. To discuss the evaluation of the following public officers or employees: executive session cont. The City Manager, City Attorney, City Auditor, City Secretary and Judges of the Municipal Courts as authorized by Section 2(g), Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened into regular session with all members present. regular session Adjourned There being no further business, the meeting was adjourned. ------- Aet 7 CITY SECRETARY Minutes of City Council S-3 Page 375 !- J74 Minutes of City Council S-3 Page 376