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HomeMy WebLinkAbout1991/10/15-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance CITY COUNCIL MEETING OCTOBER 15, 1991 On the 15th day of October, 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 Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; Mayor Kay Granger absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by Acting City Secretary Gloria Pearson. The Pledge of Allegiance was recited. Minutes of City Council S-3 Page 507 Tuesday, October 15, 1991 Minutes of October On motion of Council Member Chappell, seconded by Council Member McCray, the minutes 8, 1991 approved 11of the meeting of October 8, 1991, were approved. Ms. Terri Ellis re Ms. Terri Ellis made a presentation of the Tarrant County Historic Resources Survey presentations to book on Downtown Fort Worth to members of the City Council. City Council mem- bers A proclamation for Cowtown Brush Up Project Day was presented to Home Depot and Proclamation - Cowtown Brush Up Messrs. James Olma, Steve Johnson, and Al Kulakoff. Project Day Council Member Council Member Puente called to the attention of the City Council a meeting to be held Puente re meeting at 5:30 p.m. on today at the North Fort Bank regarding possible uses and preservation of the forathdl: Northsidde former site of the Northside High School Building for the Historical Landmark Commission High SchooleBld,a- which served as an annex for the J.P. Elder Middle School. for -.Hi stoti cal Landmark Comm. Council Member Silcox requested that Mayor and Council Communication No. C-13095 be Withdrew M&C withdrawn from the consent agenda. C-13095 Withdrew M&C No. Council Member Chappell requested that Mayor and Council Communication No. L-10663 be L-10663 withdrawn from the consent agenda. Withdrew M&C Nos. City Manager Ivory requested that Mayor and Council Communication Nos. C-13091 and C-13091, C-13092. C-13092 be withdrawn from the consent agenda. Consent agenda On motion of Council Member Chappell, seconded by Council Member McCray, the consent approved agenda, as amended, was approved. Appointed Mr. J. Council Member Meadows made a motion, seconded by Council Member Woods, that Mr. J. Mithcell Johnson Mitchell Johnson be appointed to the Citizens' Cable Board; Mr. Jackson Wilson be to the CCB a Mr. u s ' reappointed to the City Zoning Commission and be appointed to the Fort Worth Alliance Jackson'Wilson.re- Airport Zoning Commission; Ms. Nancy Murphy be reappointed to the Community Development app1_ CZC1,&1 FWAAZC: Council ; Ms. Jane Bingham be reappointed to the Fort Worth Commission of the Status of Ms,,_;Nancy Murphy Women; Mr. Tom Reynolds be reappointed to the Historic and Cultural Landmark Commission; Ms. reapp �,,to�.CDC;Ms. Judy B. Hunter be reappointed to the 'Library Advisory Board; and Mr. Rob Green be Jane; Bingham'�reapp reappointed to the Park and Recreation Advisory Board with all terms expiring on October 1, tolthe.:FWCOT50W;Mr Tom'Reyhol:ds;reapp 1993. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. HCLC;Ms: rJudy B.Ch1. Hunter-r.eapp BLAB; Mr. Rob Green reap Council Member McCray made a motion, seconded by Council Member Woods, that Mr. Mason PRAB Rice, Sr., be reappointed to the Citizens' Cable Board; Mr. Charles E. Grays, Jr., be Reapp. Mr. Mason reappointed to the City Plan Commission; Ms. Audrey Thomas be reappointed to the Community Rice, Sr. to CCB; Development Council; Ms. Christine Chadwick Moss be reappointed to the Fort Worth Commission Mr. Charles E. on the Status of Women; Ms. Margie Major be reappointed to the Historic and Cultural Grays, Jr. to CPC; Landmark Commission; Ms. Charlece Briscoe be reappointed to the Library Advisory Board; and Ms. Audrey Thomas Mr. Walter Day be reappointed to the Park and Recreation Advisory Board, all with a term of to CDC;Ms. Chri- stene C. Moss to office expiring October 1, 1993. When the motion was put to a vote by the Mayor, it FWCOTSOW;Ms. Marjic Prevailed unanimously. Major to HCLC;Ms. Charlece Briscoe tc Council Member Silcox nominated Mr. Chris Goetz for membership on the Cultural LAD;Mr. Walter Day District Committee and made a motion, seconded by Council Member Woods, that Mr. Chris Goetz to PRAB be appointed to Cultural District Committee as his representative. When the motion was put Nominated Mr. Chris to a vote by the Mayor Pro tempore, it prevailed unanimously. oetz to the ul tural District Council Member Chappell made a motion, seconded by Council Member Woods, that Mr. Lee ommi ttee Sal di var be reappointed to the Community Development Council; Mr. Kenneth McKinney be eappointments r. Lee Sal di var reappointed to the Historic and Cultural Landmark Commission; and Ms. Betsie Pepper be o CDC;Mr. Kenneth reappointed to the Library Advisory Board. When the motion was put to a vote by the Mayor cKinney to HCLC; pro tempore, it prevailed unanimously. s. Betsie Pepper o the LAB Council Member Chappell made a motion, seconded by Council Member Woods, that the ppointed Mr. Rene appointment of Rene Reyna to Seat No. 7, representing Arlington Chamber of Commerce, on the eyna to PIC Private Industry Council be approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. ayor Pro tempore Mayor Pro tempore Webber announced that Phase II of the redistricting process was ebber re Phase II officially initiated on October 1; that citizens are invited to participate by submitting edi stri cti ng pro- reapportionment plans to the City Council; that Citizens' Guides on reapportionment are ess available at the City Secretary's Office located on the third floor of this building, 1000 ,Throckmorton; that a Nuts and Bolts Workshop on Redistricting will be conducted at City Hall on Thursday, October 17, 1991, at 6:30 p.m. &C OCS-344 re There was presented Mayor and Council Communication No. OCS-344 from the Office of the ayment to FWISD City Secretary stating that the City of Fort Worth conducted a Charter Amendment Election on August 10, 1991, as the result of the submission of petitions calling for same on the issue of Police Department pay; that 56 buildings belonging to the Fort Worth Independent School District were used; that a bill in the amount of $9,750.00 for the use of these school buildings has been received; stating that funds are available in the 1990-91 budget of the City Secretary's Office, Elections Division; and recommending that the City Council authorize payment of $9,750.00 to the Fort Worth Independent School District for use of 56 school buildings for the August 10, 1991, Charter Amendment Election. Minutes of City Council S-3 Page 508 Tuesday, October 15, 1991 Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. OCS-344 involving Fort Worth Independent School District. Council Member Meadows made a motion, seconded by Council Member McCray, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. OCS-344. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Meadows made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. OCS-344, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: Mayor Granger NOT VOTING: Council Member Chappell M&C OCS-345 re There was presented Mayor and Council Communication No. OCS-345,fhom the Office of the Liability Bonds City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY Paschall Construction, Inc. .-'Universal Surety of America Bill Brand and Terry Jackson Lawyers Surety Corporation dba Bran -Son, Inc. Andcrete, Inc. Western Surety Company M&C OCS-345 adopte It was the consensus of the City Council that the recommendation be adopted. M&C OCS-346 re There was presented Mayor and Council Communication No. OCS-346 from the Office of the Claims City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Henry Sorkin 1. Claimant: Henry Sorkin Date Received: October 3, 1991 Date of Incident: September 2, 1991 Location of Incident: 5900 Oak Bend and Bryant Irving Road Estimate of Damages/ Injuries: $235.00 Nature of Incident: Claimant alleges damages to vehicle sustained as result of running over a manhole cover. American Lift 2. Claimant: American Lift Truck and Tractor, Inc. Truck and Tractor, Date Received: October 4, 1991 Inc. Date of Incident: Undeclared Location of Incident: Impound Yard Estimate of Damages/ Injuries: $1,184.00 Nature of Incident: Claimant alleges damages incurred as result of sale of hoist being held at Auto Pound for evidence at auction. Gloria Mendoza 3. Cl aimant: Gloria Mendoza Date Received: October 4, 1991 Date of Incident: September 14, 1991 Location of Incident: 3850 May Estimate of Damages/ Injuries: $180.85 Nature of Incident: Claimant alleges damages sustained to vehicle as result of road condition. Robert Joe Crow 4. Claimant: Robert Joe Croy Date Received: October 7, 1991 Date of Incident: September 14, 1991 Location of Incident: Undeclared Estimate of Damages/ Injuries: $387.00 Nature of Incident: Claimant alleges damages sustained to vehicle as result of being sprayed with hydraulic fluid from City -owned vehicle. M&C 0 CS -346 It was the consensus of the City Council that the recommendation be adopted. adopted Minutes of City Council S-3 Page 509 4, ,L) -A- I -) &C OCS-347 re orrespondence rom County Comm. ob Hampton re- uesting changing he names of arious roadways; s. Doris Kelley ruce re discrimin ion against her on who is mentall 11 &C OCS-348 re etting Zoning earing October 15, 1991 ,There was presented Mayor and Council Communication No. OCS-347 from the Office of the City Secretary submitting correspondence from County Commissioner Bob Hampton requesting that the City of Fort Worth take action officially changing the names of various roadways to "Dan Echols Boulevard"; correspondence from Mr. Arnold W. Oliver, Executive Director of Texas Department of Transportation, in appreciation of a resolution requesting retention of Fort Worth District, if there is a need for consolidation of district offices; and correspondence from Ms. Doris Kelley Bruce regarding alleged discrimination suffered by her .son, Curtis Kelley as a result of action taken by John Peter Smith Hospital, Trinity Springs Psychiatric Center, and Tarrant County Psychiatric Center. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. There was presented Mayor and Council Communication No. OCS-348 recommending that a resolution be adopted setting the regular zoning hearing for November 12, 1991. On motion of Council Member Meadows, seconded by Council Member Silcox, the recommendation was adopted. n troduced a Council Member Meadows introduced a resolution and made a motion that it be adopted. esolution The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption 11of said resolution, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The resolution, as adopted, is as follows: enol uti on No. I� RESOLUTION NO. 1771 771 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON NOVEMBER 12, 1991, AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, November 12, 1991, the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the - Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-91-079 BEING a 50.00 acre tract of land situated in the A. S. Trimble Survey, Abstract No. 1528 and the J. B. Johnson Survey, Abstract No. 855, City of Fort Worth, Tarrant County, Texas, and being the same tract of land described in deed to Laura Bayoud Hunt as recorded in Volume 7928, Page 189, of the Deed Records of Tarrant County, Texas, said 50.00 acres being more particularly described as follows: BEGINNING at a 1/2" iron rod with plastic cap stamped" Espey, Huston & Assoc., Inc." found at the intersection of the westerly line of Precinct Line Road (50' R.O.W.) with the northerly line of Trinity Boulevard (variable width R.O.W.); THENCE along the northerly line of said Trinity Boulevard the following: N84°27'00"W, 100.00' to a 1/2" iron rod with cap found at the point -of -curvature of a circular curve to the left having a radius of 4320.97'; Northwesterly, along said circular curve to the left, through a central angle of 5°22'00" an arc distance of 404.73' and having a chord which bears N87°08'00"W, 404.58', to a 1/2" iron rod set; N 89°49100"W, 1451.99' to a 1/2" iron rod set; THENCE N00011'00"E, leaving the northerly line of said (Cont.)Trinity Boulevard, 1427.89' to a 1/2" iron rod set in Minutes of City Council S-3 Page 510 Tuesday, October 15, 1991 Resolution No. the southerly line of a tract of land described in deed to Gravel 1771 cont. Mining Company as recorded in Volume 2076, Page 496, of the Deed Records of Tarrant County, Texas; THENCE along the southerly line of said Gravel Mining Company tract the following: S79°33'30"E, 925.41' to a 1/2" iron rod set; S76°43'30"E, 520.29' to a 1/2" iron rod set in the westerly line of said Precinct Line Road, said iron rod being a circular curve to the left having a radius of 716.12'; THENCE southerly, leaving the southerly line of said Gravel Mining Company tract and along the westerly line of said Precinct Line Road the following: Southeasterly, along said circular curve to the left through a central angle of 30°12'03", an arc distance of 377.47' and having a chord which bears S21°42'59"E, 373.11' to a 1/2" iron pipe found at the point -of -tangency; S36°49'00"E, 438.73' to a 3/4" iron pipe with a cap found at the point of curvature of a circular curve to the right having a radius of 685.92'; Southeasterly, along said circular curve to the right, through a central angle of 42022'00", an arc distance of 507.20, and having a chord which bears S15038'00"E, 495.72' to the POINT OF BEGINNING. Recommended from "D" Multi -Family to "C" Multi -Family Z-91-081 Lot 12, Block 25, Glenwood Addition Recommended from "I" Light Industrial to "B" Two -Family Residential Z-91-082 BEING 56.9894 acres of land out of the Hamilton Bennett Survey, Abst. No. 138, situated in the City of Fort Worth, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 2-1/4" axle being the southeast corner of Lot 1, Block 1, Wapco Addition according to the plat recorded in Volume 388-59, Page 29, Plat Records of Tarrant County, Texas, said iron rod also being in the existing north right-of-way line of Trinity Blvd.; THENCE, N00°15'53"E, along the east line of said Lot 1,Block 1, Wapco Addn., 1376.74 to an iron rod for corner; THENCE, N63°05'12"E, along the existing south right-of-way line of the old Chicago -Rock Island and Pacific Railroad as conveyed to the City of Fort Worth and the City of Dallas according to the deed recorded in Volume 7726, Page 1848, Deed Records of Tarrant County, Texas, 1650.08 feet to a highway monument being in the existing west right-of-way of East Loop 820 North; THENCE, S01°22'37"E, along the existing west right -of way line of said East Loop 820 North, 757.25 feet to an iron rod for corner, said iron rod being referenced by a 5/8" iron rod bearing N14°23'25"W, 6.98 feet; THENCE, S01°22'37"E, continuing along the existing west right-of-way of East Loop 820 North, 291.84 feet to an iron rod for corner, said iron rod being referenced by a 5/8" iron rod which bears S36021'41"W, 0.72 feet; THENCE, S01°12'18"W, continuing along the existing west right-of-way line of said East Loop 820 North, 430.20 feet to an iron rod for corner, said iron rod being referenced by a 5/8" iron rod which bears S20°49'40"W, 0.64 feet; THENCE, S24°14'00"W, continuing along the existing west right-of-way line of said East Loop 820 North, 217.46 feet to an iron rod for corner; THENCE, S41°18'14"W, continuing along the existing west right-of-way line of said East Loop 820 North, 490.10 feet to an iron rod for corner; THENCE, S00°18'00"W, continuing along the existing west right-of-way line of said East Loop 820 North, 85.62 feet to an iron rod for corner; Minutes of City Council S-3 Page 511 W r. 1 "-1J _AL r.. Tuesday, October 15, 1991 THENCE, N89°36137"W, along the existing north right-of-way line of 771 cont. N o. said Trinity Blvd., 1080.72 feet to the POINT OF BEGINNING. 771 cont. The tract of land herein described contains 2,482,457 square feet or 56.9894 acres of land, more or less. Recommended from "F" Commercial, "J" Light Industrial and "K" Heavy Industrial to "I" Light Industrial Z-91-083 Being a tract of land 0.260 acres, 95.2 feet by 120.5 feet in the Simon Cotrail Survey. Being a portion of the tract conveyed to Kenith Hurst as recorded in Volume 1977, page 439, Deed Records, Tarrant County, Texas, Abstract #330, Tract 11A, more particularly described as follows: COMMENCING at an iron pipe at the Northwest corner of said Simon Cotrail Survey in the South line of State Highway 183 South a distance of 103.0 feet by Deed call along Norwood Drive; THENCE, East a distance of 20 feet by deed call to the Northwest corner of said Kenith Hurst Tract; THENCE, South a distance of 95.2 feet parallel along the East of Norwood Drive to a 5/8 inch iron rod; THENCE, East 120.6 feet to a Point in the West line of Hurst Lumber Company Addition, Lot 1, Block 1, Tarrant County Plat Records, Volume 388-177, Page 82; THENCE, North 95.2 feet to an iron pipe in the South line of Highway No. 183; THENCE, West 120.6 feet to the PLACE OF BEGINNING. Recommended from "AG" Agricultural to "J" Light Industrial Z-91-084 Being all of the public right-of-way for Circle Park Boulevard from Circle Park Drive south to the north right-of-way line of Grand Avenue; all of the public right -of way of Park Street from the east right-of-way line of Grand Avenue east to the west right-of-way line of Lincoln Avenue; and, all the public right-of-way of N.W. 20th Street from the west right-of-way line of Prospect Avenue east to the west right-of-way line of Clinton Avenue and including all of that area known as the North Side Branch Library/Circle Park and all the public right-of-way adjacent thereto known as Circle Park Street from the south right-of-way line of Park Street to the south right-of-way line of N. W. 20th Street on the south and all that public right-of-way known as Park Street and N.W. 20th Street on the north. Recommended from "A" One -Family, "B" Two -Family, and "E" Commercial to "A/CD" One -Family Conservation District, "B/CD" Two -Family Conservation District and "E/CD" Commercial/Conservation District Z-91-085 Lots A & B, Block 7, Tandy Addition Recommended from "A" One -Family to "A/HC" One -Family Historic/Cultural Overlay Subdistrict Z-91-087 Lot 1, Block 1, Victorian Oaks Addition Recommended from "A" One -Family to "A/HC" One -Family Historic/Cultural Overlay Subdistrict Z-91-088 Lot A and Lots 1-5, Block 1; Lot C and Lots 1-8, Block 2;, Lot 1-7, Block 3 of the T. E. Lewis Place Addition Recommended from "A" One -Family and "B" Two -Family to"A/HC" One -Family Historic and Cultural Overlay Subdistrict and "B/HC" Two -Family Historic and Cultural Overlay Subdistrict. Z-91-089 A portion of Lot A of Fair Oaks Addition, Fort Worth,Tarrant County, Texas as said Lot A appears upon the map recorded in Volume 388-J, Page 389 of the Tarrant County Deed Records and described as follows: COMMENCING at a 1/2" iron rod in concrete for the northeast corner of said Lot A for the intersection of the southeasterly line of State Highway No. 183 (River Oaks Boulevard) and the southwesterly line of Shenna Boulevard and run, S48°38'W, along the said Minutes of City Council S-3 Page 512 0 5'3 Tuesday, October 15, 1991 southeasterly line of State Highway No. 183 (River Oaks Blvd.) and Resolution No. the northwesterly line of said Lot A, a distance of 157.37 feet and 1771 cont. S41°22'E, 235.15 feet to the place of beginning and being the northwest corner of the tract being described. THENCE, N81°34'15"E, 100 feet. THENCE, S8025'45"E, 118.17 feet. THENCE, S81°34115"W, 93.37 feet. 1. THENCE, N60°03118"W, 8.46 feet. THENCE, N8025145"W, 112.92 feet to the PLACE OF BEGINNING and containing 11,799 square feet. Recommended from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "E" Commercial District and sale of used furniture. Waiver of Site Plan. Z-91-090 Lot 2, Block 22, of the Emory College Subdivision Recommended from "F" Commercial to "F/HC" Commercial Historic and Cultural Overlay Subdistrict. Z-91-091 Lots 2 & 3, Block 2, Rondell Addition Recommended from "E" Commercial to "FR" Restricted Commercial. Z-91-093 Zoning Ordinance Text Amendment AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH (APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH), BY AMENDING SECTION 18D, "SUPPLEMENTAL BUFFER YARD AND BUILDING REQUIREMENTS", TO PROVIDE TEMPORARY RELIEF FROM THE REQUIREMENTS FOR VACANT NONRESIDENTIAL PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. M&C G-9336 re There was presented Mayor and Council Communication No. G-9336 from the City Manager, Flexible Benefit as follows: Plan SUBJECT: AMENDMENT NO. 1 TO FLEXIBLE BENEFIT PLAN RECOMMENDATION: It is recommended that the City Council approve the attached "Amendment No. 1 to the City of Fort Worth Flexible Benefit Plan" and authorize the City Manager to sign the amendment. nTSCIISSTON - On June 6, 1990, the City Council approved M&C G-8695 authorizing the implementation of the City's Flexible Benefit Plan by adoption of the Plan document. As originally adopted, the Plan document allowed for the payment of contributions toward the City's group health insurance program for dependents on a pre-tax basis as authorized by Section 125 of the Internal Revenue Code. Staff recommends amendment of the Plan document to expand the scope of the program to include contribution toward the employee's own group health insurance coverage as well as to include contributions toward any of the City's three optional dental plans. An amendment has been drafted by the City Attorney and reviewed by Mr. Gary B. Lawson, author of the City's original plan document, to assure its consistency with current federal tax law. Minutes of City Council S-3 Page 513 Tuesday, October 15, 1991 M&C G-9336 cont. Upon approval of the Plan amendment, employees will be afforded an election whereby they may choose to participate in the program. It is anticipated that open enrollment for the amended program will occur during November with implementation effective January 1, 1992. There are other provisions under Section 125 of the Internal Revenue Code which would currently permit a flexible benefit plan to also provide for the establishment of separate flexible benefits accounts to cover: (1) eligible out- of-pocket medical, visual, and dental care expenses and (2) eligible dependent care expenses. Due to the complexity of these programs and the need for a comprehensive educational program including one-on-one financial counseling with each City employee,.a recommendation on implementing these other flexible benefits accounts will be brought back to the City Council at a future date. The Plan document would have to be amended again to accommodate these additional features. FISCAL INFORMATION/CERTIFICATION: Implementation of the amendment does not require the expenditure of City funds and does not change the coverage provided by the medical plan, HMO plan, or optional dental plans. M&C G-9336 adopted It was the consensus of the City Council that the recommendation be adopted. M&C G-9337 re There was presented Mayor and Council Communication No. G-9337 from the City Manager rates for hand- recommending that an ordinance be adopted clarifying the rates for hand -loaded commercial loaded commercial service, increasing the minimum charges and tipping fees at the City's landfill, and service establishing a fee structure for optional acceptance of tires at the City's landfill, effective October 1, 1991. It was the consensus of the City Council that the recommendation $7,912.71 to Justin Industries, Inc., for a City -insured property loss sustained at Justin's be adopted. facility located at 3501 Fairview, which was leased by the City when freeze damage occurred in December 1990. It was the consensus of the City Council that the recommendation be Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10934 10934 AN ORDINANCE AMENDING CHAPTER 149 "GARBAGE", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH CHAPTER REGULATES SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMENDING SECTION 14- 25 TO ADJUST THE HAND LOADED RATES FOR COMMERCIAL REFUSE COLLECTION, BY AMENDING SECTION 14-30 TO INCREASE PRESCRIBED UNIFORM FEES FOR DISPOSAL AT CITY LANDFILLS; BY AMENDING SECTION 14-30 TO ADD A FEE FOR DISPOSAL OF TIRES; BY AMENDING SECTION 14-31 TO ALLOW THE ACCEPTANCE OF TIRES AT CITY LANDFILLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS AND PENDING LITIGATION; PROVIDING A PENALTY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-9338 re There was presented Mayor and Council Communication No. G-9338 from the City Manager payment to stating that the City entered into a lease agreement with Justin Industries, Inc., April 7, Justin Industries, 1986, to begin using the 3501 Fairview facility January 1, 1986, for Police Department Inc. activities; that according to the agreement the City was not required to make any cash payment of rent to Justin Industries, Inc.; however, the City was responsible for maintaining the facility and making repairs at its own expense except for major items such as the HVAC system; that the facility was included on the City's property schedule for Fire and Extended Coverage insurance; and since the loss lay within the deductible ($100,000/occurrence) it became incumbent upon the City to provide recovery for the loss to Justin; that the matter has been coordinated with the Justin Industries, Inc.'s Risk Manager to resolve the issue equitably and in accordance with the lease agreement; stating that the Director of Fiscal Services certifies that the funds for this payment are available in the budget of the Insurance Fund; and recommending that the City Council authorize a payment of $7,912.71 to Justin Industries, Inc., for a City -insured property loss sustained at Justin's facility located at 3501 Fairview, which was leased by the City when freeze damage occurred in December 1990. It was the consensus of the City Council that the recommendation be adopted. 1. 1 Minutes of City Council S-3 Page 514 Tuesday, October 15, 1991 M&C G-9339 re There was presented Mayor and Council Communication No. G-9339 from the City Manager funding eligible stating that, during the course of the budget study sessions for the 1991-92 fiscal year, expenditures from awarded assets Chief Thomas R. Windham presented the department's 1991-92 proposed expenditures from the Special Trust Fund, Awarded Assets, and Generated Income; that the awarded assets total $566,127.00 and generated income totaled $120,000.00, for a total of $686,127.00; stating that the Director of Fiscal Services certifies that funds required for these expenditures are available in the current balance of the Special Trust Fund; and recommending that a supplemental appropriations ordinance be adopted increasing Special Trust Fund estimated receipts and appropriations by $686,127.00. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ord tnance, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10935 10935 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE POLICE SPECIAL TRUST FUND IN THE AMOUNT OF $686,127.00 FOR THE PURPOSE OF FUNDING THE ELIGIBLE EXPENDITURES AS PROPOSED FROM AWARDED ASSETS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THE ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING AL 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-9340 re1�as There was presented Mayor and Council Communication No. G-9340 from the City Manager, Clean Lakes Grant follows: SUBJECT: CLEAN LAKES GRANT FROM THE TEXAS WATER COMMISSION RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept a $1,700,000 Environmental Protection Agency grant through the Texas Water Commission for the Phase II Lake Worth Demonstration Project, and II 2. Authorize a transfer of $1,145,200 from the Sewer Capital Projects Fund to the Grants Fund for the City's cash contributions, and 3. Authorize the recognition of $554,800 of in-kind services over the thirty- six (36) month period of the grant, and 4. Approve application of indirect costs in accordance with the City's Administrative Regulation 3-15 (10.79% which represents the most recently approved rate for this department). DISCUSSION: The City of Fort Worth completed Phase I of the federal Clean Lakes Program, through a $100,000 planning grant from the Texas Water Commission (TWC) and required City matching funds and in-kind services. Phase I involved a Diagnostic/Feasibility study of Lake Worth, conducted by the Corps of Engineers (M&C No. G-7058, 5-7-87; and M&C No. C-10864, 3-24-88). The Diagnostic/Feasibility study evaluated lake restoration alternatives and recommended selective dredging, raising the water level one foot, and implementation of a watershed management plan. On March 13, 1990 (M&C G-8508) the City Council approved an application for a maximum of $2,000,000 in grant funds from the Environmental Protection Agency (EPA) for Phase II of the Clean Lakes Program. This Phase II Restoration/Protection Demonstration Project involves the implementation of the recommendations in the Phase I study. The City of Fort Worth received a grant offer of $1,723,706, from EPA through the Texas Water Commission. Minutes of City Council S-3 Page 515 Tuesday, October 15, 1991 M&C G-9340 cont. On November 6, 1990, M&C G-8899, which requested approval of the grant offer, was denied by the Fort Worth City Council. The Council' requested staff to "amend the City's grant request and seek a change which would allow the City of Fort Worth to utilize these funds for wetland improvements, point and non -point source pollution, and limited dredging around the City's water intake area." Staff in conjunction with EPA, TWC and Lake Worth residents, -developed revised grant activities. The major changes are the elimination of silt dredging as an activity and the addition of a demonstration project to construct an innovative community sewer system to serve approximately 115 residences. A public meeting was conducted February 5, 1991, to discuss these proposed activities and, in general, there was public.support for the redirection of the grant funds. The redirection of the major grant activities and funding levels is outlined below: Dredging -related activities Stump and pier removal Silt dredging Land reclamation Dredge spoil disposal site construction November, 1990 Current M&G G-8899 M&C $ 371,934 $ 510,000 $ 1,618,789 $ 0 $ 92,600 $ 0 $ 420,000 $ 0 Water quality and watershed management activities ;:;�; y ►,ti Water quality monitoring$ 202,218 Watershed management plan and activities $ Community sewer system $ Wetlands project Development Construction The proposed work plan and estimated costs costs total $3,400,000 of which $1,700,000 share is broken down as follows: Actual Cash In-kind Services Total This project is in DISTRICT 7. $ 400,000 232,312 $343,150 0 $1,260,300 $ 60,000 $60,000 $ 0 $464,900 are in Attachment 1. The proposed is the federal share. The City's $1,145,200 554,800 $1,700,000 FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for the agreement are available in the current capital budget, as appropriated, of the Sewer Capital Improvement Fund. Mr. Ralph ,Stangl .II Mr. Ralph Stangl, Vice -President of. Lake Worth Civic Club, 8100 Malaga Drive, appeared re M&C -G-9340 before the City Council and expressed support for the Clean Lakes Program. Council Member Meadows made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. G-9340, be approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-9341 re There,was presgntO -Mayor .arid Council Communication No. G-9341 from the City Manager improvements to stating that the City Council accepted a Minute Order for the design and construction of Harmon Road from Harmon Road from FM 156 to US 287 on September 1, 1987, by Mayor and Council Communication Blue Mound Road No. C-10494 to provide improved access to the Bureau of Engraving and Printing Western (FM 15 6) to U.S. Currency Facility; that the agreement provided, among other things, that the State Highway 287 Department of Highways and Public Transportation (now the Texas Department of Transportation) would pay $825,000.00 toward the cost of construction; that the City Council on August 13, 1991, authorized payment to the State of the City's estimated share of the cost; that the City Council approved an agreement with the U.S. Bureau of Engraving and Printing on September 3, 1991, by Mayor and Council Communication No. C-13048 for construction of drainage facilities to serve the Western Currency Plant, which work is to be done in conjunction with the paving of Harmon Road at a cost to the BEP of $102,111.00; that owners of adjoining property have dedicated right-of-way for Harmon Road and have agreed in principle to the cost distribution for this project; stating that the total estimate of cost for the assessment would be $1,541,270.32; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Harmon Road from Blue Mound Road (FM 156) to U.S. Highway 287, and 2. Authorize the assessment of a portion of the cost of the improvements to Harmon Road against the owners of the abutting property, and Minutes of City Council S-3 Page 516 r-9 •4 O� , Tuesday, October 15, 1991 M&C G-9341 cont. II 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish November 19, 1991, as the date of the benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M & C G-9341 adopted On motion of Council Member Puente, seconded by Council Member McCray, the recommendations were adopted. M & C G-9342 re There was presented Mayor and Council Communication No. G-9342 from the City Manager improvements to Grove Street from stating that Grove Street was included in the 1982 Capital Improvement Program, however, the Long Avenue to project has been unduly delayed due to right-of-way issues related to existing concrete 38th Street structures, location of several driveway approaches, and the alignment of drainage; that Grove Street is located within the Diamond Hill Target Area; however, CDBG funds are not available; that the project is in Council DISTRICT 2; that the total estimate of the assessment is $773,012.08; and recommending that the City Council: L. .: , 1. Declare the necessity for and order the improvements to Grove Street from Long Avenue to 38th Street, and 2. Authorize the assessment of a portion of the cost of the improvements to :.Grove Street against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish November 19, 1991, as the date of the benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. Council Member Chappell advised the City Council that he is disqualified from voting on Mayor and Council Communication No. G-9342 since North Fort Worth Bank and Central Bank and Trust have now merged. Council Member Meadows advised the City Council that he has a shareholders interest in Tandy Corporation and is disqualified from voting on Mayor and Council Communication No. G-9342. Council Member Silcox advised the City Council that he has a contract with Overton Park National Bank and is disqualified from voting on Mayor and Council Communication No. G-9342. City Attorney Adkins advised the City Council that the City Council would need to vote on the approval of Mayor and Council Communication No. G-9342 separately since there is not a quorum to-vote'on the entire Mayor and Council Communication. Council Member Chappell made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. G-9342 be approved with the exception of the assessment paving against Tandy Corporation, Overton Park National Bank, and North Fort Worth Bank. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member McCray, that the assessment paving of Tandy Corporation for the assessment paving of Grove Street from Long Avenue to 38th Street be approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Mayor Granger NOT VOTING: Council Member Meadows Mayor Pro tempore Webber advised the City Council that she is disqualified from voting on the item ,regarding Overton Park National Bank and relinquished the chair to Council Member Chappell. Council Member Silcox advised City Council of a business contract with Overton Park Nation Bank. Minutes of City Council S-3 Page 517 r- I ka-AL S Tuesday, October 15, 1991 Council Member Meadows made a motion, seconded by Council Member McCray, that the proposes assessment to be levied against Overton Park National Bank for the assessment paving of Groves Street from Long Avenue to 38th Street be approved. When the motion was put to a vote by Council Member Chappell, it prevailed by the following vote: AYES: Council Members Puente, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger NOT VOTING: Mayor. Pro tempore Webber and Council Member Silcox Mayor Pro tempore I Mayor Pro tempore Webber assumed the chair at this time. Webber assumed the chair at this Council Member Puente advised City Council that he has. a banking relationship with time North Fort Worth Bank and is disqualified from voting. , j 1. ._ Council Member Matson made a motion, seconded by Council Member McCray, that the proposed assessment to be levied against North Fort Worth Bank for the assessment paving of Groves Street from Long Avenue to 38th Street be approved. When the motion was put to a vote by the Mayor Pro tempore Webber, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger NOT VOTING: Council Member Puente M&C, G-9344 re There was presented Mayor and Council Communication No. G-9344 from the City Manager Nominating Ms. stating that the Texas Property Tax Code establishes the process to elect a board of Ruth Ann McKinney directors to govern county -wide tax appraisal districts;.that the five members of the board of. -directors serve two-year terms beginning on January of even -numbered years; that the new term for the Tarrant Appraisal District Board of Directors commences January 1, 1992; that, it is now necessary that the Council nominate, by resolution, a candidate to serve during this term; that Mr. Robert Kolba, who currently represents the City on the TAD Board, advised that he will not be able to serve an additional term; and recommending that the City Council approve a resolution nominating Ms. Ruth Ann McKinney to serve on the Board of Directors of the Tarrant Appraisal District. Council Member Meadows made a motion, seconded by Council Member,Woods, that -the recommendation be adopted. Introduced a Council Member Meadows introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: II AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Mayor Granger The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1772 1772 WHEREAS, the Texas Property Tax Code requires the creation of a tax appraisal district in each county in the State of Texas; and, WHEREAS, the Texas Property Tax Code provides for the nomination and election of directors to the Tarrant Appraisal District Board of Directors; and WHEREAS, it is necessary to nominate candidates for selection as directors of the Tarrant Appraisal District of Tarrant County for a term commencing January 1, 1992: that the funds required for this anticipated expenditure are available in the current budget; and recommending that the City Council authorize a purchase agreement to provide Minutes of City Council S-3 Page 518 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, that Ms. Ruth Ann McKinney is hereby nominated for a position on the Board of Directors of the Tarrant Appraisal District of Tarrant County. M&C P-5265 re purchase agreement,There was presented Mayor and Council Communication No. P-5265 from the City Manager with Wade Harral submitting a tabulation of bids received for a purchase agreement to provide electrical Electric, Inc. I service for the City of Fort Worth; stating that the Director of Fiscal Services certifies that the funds required for this anticipated expenditure are available in the current budget; and recommending that the City Council authorize a purchase agreement to provide Minutes of City Council S-3 Page 518 519 Tuesday, October 15, 1991 M & C P-5265 cont. electrical service for the City of Fort Worth with Wade Harral Electric, Inc., at a labor rate of $29.85 per hour, $43.50 per hour for emergency and weekends, parts provided at discount of 12.5 percent from dealer's list price and cable hi pot testing at cost plus -ten percent, net f.o.b. Fort Worth, with term of agreement to begin October 7, 1991, and end October 6, 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-5266 re There was presented Mayor and Council Communication No. P-5266 from the City Manager purchase agreement stating that Aero Products, Armstrong Medical, Dixie U.S.A., Matrix, and United Medical all f o r Emergency agree to continue pricing on items for which manufacturer's cost did not increase; stating Medical Supplies that the Director of Fiscal Services certifies that the funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Manager be authorized to exercise the option to renew an annual purchase agreement for Emergency Medical Supplies for specified line items whose prices did not increase, with the renewal option to begin October 7, 1991, and end October 6, 1992. It was the consensus of the City Council that the recommendations be adopted. M & C P-5267 re There was presented Mayor and Council Communication No. P-5267 from the City Manager agreement with submitting a tabulation of bids received for an annual agreement for periodical subscription Popular Subscrip- service for Fort Worth Public Library; stating that the Director of Fiscal Services tion Service of certifies that the funds required for this agreement are available in the operating budget, Terre Haute, as appropriated, of the General Fund; and recommending that the agreement be authorized with Indiana Popular Subscription Service of Terre Haute, Indiana, low bidder, at a discount rate of 8.7 percent off all basic subscription rates, with term of agreement to begin October 15, 1991, and end October 14, 1992, with one renewal option for an amount not to exceed $100,000.00. It was the consensus of the City Council that the recommendations be adopted. M&C P-5268 re There was presented Mayor and Council Communication No. P-5268 from the City Manager agreement with stating that Johnson Controls, Inc., installed the original heating/air conditioning system Johnson Controls, currently in use at the Will Rogers Equestrian Center; that all equipment was manufactured Inc. by Johnson Controls, Inc.; that maintenance of the equipment is crucial to ensure system integrity and maximize energy savings, as well as equipment life; that the system software is copywritten and Johnson Controls, Inc., does not normally license its use to third parties; that any changes or modifications to the system can only be performed by this vendor's factory -trained engineering, technical, and mechanical staff; that funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that a one year maintenance agreement be authorized with Johnson Controls, Inc., to provide maintenance on the HVAC Control System located in the Will Rogers Equestrian Center on sole source basis at an annual cost of $6,174.00 net, f.o.b Fort Worth, with term of agreement to begin October 1, 1991, and end September 30, 1992. It was the consensus of the City Council that the recommendations be adopted. M & C P-5269 re There was presented Mayor and Council Communication No. P-5269 from the City Manager agreement with submitting a tabulation of bids received for a purchase agreement to supply one million VaniernGtaphicts_, Ind. sheets of 8 1/2 inch by 11 inch 24 pound paper perforated at 11/2 inches from the bottom base for Information Systems and Services Department; stating that funds required for this expenditure are available in the operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized with Vanier Graphics on its low bid price of $7,490.00. It was the consensus of.the City Council that the recommendation be adopted. M&C P-5270 re There was presented Mayor and Council Communication No. P-5270 from the City Manager purchase agreement submitting a tabulation of bids received for the purchase agreement for purchase of one with Western Paper million #10 envelopes with Water Department logo and return address and one million #9 Company return envelopes with lock box address and bar code for the Information Systems and Services Department; stating that funds required for this expenditure are available in the operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council authorize a purchase agreement with Western Paper Company based on its low bid price of $19,940.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-5271 re There was presented Mayor and Council Communication No. P-5271 from the City Manager agreement with stating that the City Council on August 14, 1990, by Mayor and Council Communication No. P - Te x as State 4425 authorized a one-year renewal option for annual agreement with Texas State Distributors Distributors, Inc., for leather gear for the Police Department; that Texas State Distributors, Inc., has agreed to hold prices firm for an additional year and services have proved to be satisfactory; stating that the Director of Fiscal Services certifies that the funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council exercise its option to renew the annual agreement with Texas State Distributors to supply leather gear for the Police Department with term of agreement to begin October 8, 1991, and end October 7, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C L-10650 re There was presented Mayor and Council Communication No. L-10650 from the City Manager, sale of City -owned as follows: surplus properties Minutes of City Council S-3 Page 519 Sao Tuesday, October 15, 1991 SUBJECT: SALE OF SURPLUS PROPERTY M&C L-10650 cont. RECOMMENDATION: It is recommended that the City Council approve the sale of surplus properties described in the Discussion section, and authorize the City Manager to execute the appropriate deeds, conveying these properties to the highest bidder. DISCUSSION: In accord with the policy regarding the sale of City -owned surplus property, a bid opening was held on October 3, 1991 for the following properties: Property Min Bid Bidder Amt Bid 1. 1613 Daniels, L5-8, B3, Graham $750 M. Neal $775.00 Park, 100X135, Zoned B-2 Family with improvement. 2. 5600 Fletcher, L39&40, B51, $950 A. L. Slaton $1,300.00 Ch&Tb. Arl Hts #2, 50X125, Zoned E. Ferguson $100.00 B-2 Family with improvement. 3. 3319 Freddie, S 1/2 L19, Burton $850 Larry D. Taylor $1,700.00 Heights, 100X400, Zoned B-2 Family. 1,200 sq ft white frame residence with improvenent. 4. 4924 Ramey, E 1/2 L7, Tom Danner, $950 Fountain Living $1,500.00 140X325, Zoned B-2 Family with Water Church improvenent . 5. 4601 Avenue I, L14, B4, South $550 Ora Mae Smith $550.00 East Lawn, 150X67, Zoned B-2 Family. 6. 1605 E. Belknap, B2, L7&8, $500 M. Lauderback $1,587.02 Provine, 100X150, Zoned J -Light A. Robt. Beer $510.00 Ind. 7. 5712 Bonnell, L33&34, B62 Chamb. $500 G. Brewer $525.00 Arl Hts #2, 50X125, Zoned B-2 Family. M&C L-10650 adopte It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10650, be adopted. M&C L-10651 re There was presented Mayor and Council Communication No. L-10651 from the City Manager acquisition of recommending that the City Council authorize the acquisition of an aerial easement over Lot Lot 7, Block 3, 7, Block 3, Ridglea Crest.Addition; find that $1.00 is just compensation for property Ridglea Crest acquired from Colonial Savings and Loan Association; and authorize acceptance and recording Addition of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10652 re acquisition of There was presented Mayor and Council Communication No. L-10652 from the City Manager Lot 22, Block 3, recommending that the City Council authorize the acquisition of an aerial easement over the Ridglea Crest southeast five feet of Lot 22, Block 3, Ridglea Crest Addition; find that $1.00 is just Addition compensation for property acquired from Colonial Savings and Loan Association; 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 L-10653 re There was presented Mayor and Council Communication No. L-10653 from the City Manager acquisition of recommending that the City Council authorize the acquisition of an aerial easement over the portion of Lot 21, northwest five feet of Lot 21, Block 3, Ridglea Crest Addition; find that $1.00 is just Block 3, Ridglea compensation for property acquired from Colonial Savingsand Loan Association; and authorize Crest Addition p p p Y q the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. M&C L-10654 re There was presented Mayor and Council Communication No. L-10654 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lots 1 and 2, Lots 1 and 2, Block 1, Nies and Rouse; find that $100.00 is just compensation for property acquired from Block 1, Mies Nora McMillian, Roy Miller and Marguerite Miller for reconstruction of East First Street; and'Rouse Addition 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 L-10655 re There was presented Mayor and Council Communication No. L-10655 from the City Manager acquisition of a recommending that the City Council approve the acquisition of a portion of Lot 1, Block 2, portion of Lot 1, Nies and Rouse Addition; find that $460.00 is just compensation for property acquired from Block 2, Mies and Ras J. Coles and Estell Coles for reconstruction of East First Street; and authorize the Rouse Addition acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council S-3 Page 520 rR� e Tuesday, October 15, 1991 M&C L-10656 re There was presented Mayor and Council Communication No. L-10656 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lot 2, Block Lot 2, Block 2 Nies and Rouse 2, Nies and Rouse Addition; find that $405.00 is just compensation for property acquired Addition from Berthena Bryant for reconstruction of East First Street; 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 L-10657 re There was presented Mayor and Council Communication No. L-10657 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lot 3, Block portion of Lot 3, 2, Nies and Rouse Addition; find that $310.00 is just compensation for property acquired Block 2, Nies and Rouse Addition from William Bryant, Jr., for reconstruction of East First Street; 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 L-10658 re acquisition of portion of Lot 2, Block 3, Nies and Rouse Addition M&C L-10659 re acquisition of portion of Lot 3, and west one-half of Lot 4, Block 3, Nies and Rouse Addition There was presented Mayor and Council Communication No. L-10658 from the City Manager recommending that the City Council authorize the acquisition of a portion of Lot 2, Block 3, Nies and Rouse Addition; find that $400.00 is just compensation for right-of-way acquired from Bessie McGruder, Independent Executrix for the Estate of Ethel C. Allen for reconstruction of East First Street; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. \ There was presented Mayor and Council Communication No. L-10659 from the City Manager recommending that the City Council authorize the acquisition of a portion of Lot 3, and the west one-half of Lot 4, Block 3, Nies and Rouse Addition; find that $485.00 is just compensation for property acquired from Herman Bruce Burke; 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 L-10660 re There was presented Mayor and Council Communication No. L-10660 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of the west 50 portion of Block 4 feet and the south 129 feet of Block 4, Nies and Rouse Addition; find that $975.00 is just Nies and Rouse compensation for property acquired from Gladis and Clemmie Calton for reconstruction of Addition East First Street; 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 L-10661 re There was presented Mayor and Council Communication No. L-10661 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Tract 215 of portion of Tract 215, A. M c Le mo re A. McLemore Survey, Abstract Number 1056; find that- $300.00 is just compensation for Survey property acquired from Gertrude Pitts for alignment of East First Street; 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 L-10662 re There was presented Mayor and Council Communication No. L-10662 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a portion of Lots 1 and 2, portion of Lots Block 1, Trudale Addition; find that $550.00 is just compensation for property acquired from 1 and 2, Block 1, William Henry Jefferson and wife, Mary Lee Jefferson for reconstruction of Martin Avenue; Trudale Addition 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 L-10663 re There was presented Mayor and Council Communication No. L-10663 from the City Manager acquisition of recommending that the City Council authorize the acquisition of right-of-way described as Lot MRA, Block 16, Lot MRA, Block 16, Trentman Revision; find that $50.00 is just compensation for property Trentman Revision:: acquired from NCNB Texas National Bank for reconstruction of Martin Street; and authorize the acceptance and recording of the appropriate deed. Council Member Chappell disclosed his firms credit card interest with NCNB National Bank. Mayor Pro tempore Webber advised City Council that she is disqualified from voting on Mayor and Council Communication No. L-10663 and relinquished the chair to Council Member Chappell. Council Member Woods advised the City Council that she has a checking and savings account with NCNB Texas National Bank. Council Member Matson advised the City Council that NCNB Bank owes him a substantial amount of money and stated that he is disqualified from voting on Mayor and Council Communication No. L-10663. Council Member Silcox disclosed a business contract with NCNB Bank. Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. L-10663 be adopted. When the motion was put to a vote by Council Member Chappell, it prevailed by the following vote: AYES: Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None Minutes of City Council S-3 Page 521 Mayor Pro tempore Webber assumed the chair at this time M&C L-10664 re acquisition of easement and righ of -way M&C L-10665 re approved bond fund transfer acquisition of right-of-way Tuesday, October 15, 1991 ABSENT: Mayor Granger NOT VOTING: Mayor Pro tempore Webber and Council Member Matson Mayor Pro tempore Webber assumed the chair at this time. There was presented Mayor and Council Communication No. L-10664 from the City Manager recommending that the City Council authorize the acquisition of a portion out of B. F. Crowley Survey, Abstract No. 307, Tract 17B from Texas Utilities Electric Company and required for M-245 S.S. Relief Main for a total consideration of $1.00, and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. L-10665 from the City Manager recommending that the City Council authorize the acquisition of right-of-way described as a portion of Tract 29C, R.R. Ramey Survey, Abstract 1341 and 3,006 (easement) square feet of land and existing fencing; find that $34,000.00 is just compensation for property acquired from Jake Cook; Power of -Attorney for Frances Cook; authorize the acceptance and recording of the appropriate deed; and approve a $34,400.00 bond fund transfer from the City's share of State Department of Highway and Public Transportation Projects Unspecified Project to the Green Oaks Boulevard Pass Project in the Street Improvements Bond Fund. It was the consensus of the City Council that the recommendations be adopted. M&C L-10666 re There was presented Mayor and Council Communication No. L-10666 from the City Manager approved bond recommending that the City Council authorize acquisition of right-of-way for a portion of fund transfer Tract 29C11, R.R. Ramey Survey, A-1341 and a 19,167 (easement) and 60,548.4 (fee) square feet acquisition of of land; find that $26,225.00 is just compensation for property acquired from Jake Cook, right-of-way Trustee for Green Oaks Boulevard Project; authorize the acceptance and recording of the appropriate deed; and approve a $26,225.00 bond fund transfer from the City's Share of State Department of Highway and Public Transportation Projects Unspecified project to the Green Oaks Boulevard Pass Project in the Street Improvements Bond Fund. It was the consensus of the City Council that the recommendations be adopted. M&C C-13089 re There was presented Mayor and Council Communication No. C-13089, dated October 8, cont for one week 1991, from the City Manager stating that SuperShuttle D/FW Inc., was authorized by the City Council on October 27, 1987, by Mayor and Council Communication No. C-10621 to provide prearranged and scheduled airport van service between D/FW Airport and all points within Fort Worth; that the license has been extended several times, however the current license period expired on May 21, 1991; that the new contract provides for a term beginning May 21, 1991, and ending May 21, 1992, with an option to renew for two additional one year terms; that SuperShuttle has paid in advance its annual street rental fee of $1,000.00; and recommending that the City Manager, be authorized to execute a contract with SuperShuttle D/FW Inc., granting to SuperShuttle a license to provide prearranged and scheduled "shared - ride" van service between Fort Worth and Dallas/Fort Worth International Airport for a period of one year, with an option to renew for up to two additional terms of one year each. City Attorney Adkins advised the City Council that this item will be placed on the Pre -Council agenda for next week to answer any questions that the City Council may have on granting a license to SuperShuttle D/FW, Inc. Council Member Woods made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. C-13089 be continued for one week. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C C-13091 was It was the consensus of the City Council that Mayor and Council Communication withdrawn No. C-13091, R.O.W. Encroachment -Monument Signs for Alliance Center, be withdrawn from the agenda. M&C, C-13092 was It was the consensus of the City Council that Mayor and Council Communication No. C- withd raw n 13092, Agreement Permitting Hillwood Construction Corporation to Install and Maintain Traffic Signs on Public Streets. Within the Alliance Airport Area, be withdrawn from the agenda. M&C C-13093 re There was presented Mayor and Council Communication No. C-13093 from the City Manager contract with statin that the Policy Committee approved on May 23 1991 the D/FW RAILTRAN System budget KPMG Peat Marwick 9 Y pp y , , a $20,000.00 line item for a comprehensive financial audit; that the accounting firm of KPMG Peat Marwick will be conducting the City of Dallas annual audit and has agreed through the proposed letter of agreement to audit the RAILTRAN financial system as well; that the annual budget deposits that are made to the Fort Worth side will be tracked to determine if there are any surplus funds and to make sure that the funds were deposited in the proper accounts with the proper interest; that the accounting firm will assist RAILTRAN in preparing financial statements and will ensure that those statements, taken as a whole, conform with generally accepted accounting principles; that, while the firm is not being engaged to report on RAILTRAN's internal control structure, they will furnish any recommendations about the internal control structure noted during the audit which appear to be of significance under the circumstances; that there will be no fiscal impact on Fort Worth's RAILTRAN budget; and recommending that the City Manager be authorized to execute a contract with KPMG Peat Marwick for a financial audit of the D/FW RAILTRAN System. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council S-3 Page 522 :a�3 Tuesday, October 15, 1991 M&C C-13094 re There was presented Mayor and Council Communication No. C-13094 from the City Manager contract with stating that Supplemental Agreements Nos. 1 and 2, under City Secretary Contract No. 13801, FAA the Federal Aviation Administration leases a City -owned building for the Automated Flight Service Station at Fort Worth Meacham Airport; that, in order to enhance the current cooling system at the AFSS, the FAA has requested that the Aviation Department have 24 ceiling fans installed at FAA expense; that, effective upon completion of the installation of the fans, the FAA will pay the City $0.05 per square foot of leased space (12,000 square feet) annually for maintenance costs resulting in an annual revenue total of $600.00; that a supplemental agreement to the original contract is necessary in order for the FAA to reimburse the City for the cost of this project; that the Administration Section of the Aviation Department is responsible for the collection of funds due the City under this agreement; and recommending that the City Manager be authorized to approve Supplemental Agreement No. 3 to the contract with the Federal Aviation Administration for the Automated Flight Service Station at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendations be adopted. M&C C-13095 re There was presented Mayor and Council Communication No. C-13095 from the City Manager, contract with as follows: Arts Council of Fort Worth and SUBJECT: CONTRACTS WITH THE ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, Tarrant County AND THE INTERNATIONAL SISTER CITIES ASSOCIATION OF FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Arts Council of Fort Worth and Tarrant County in the amount of $93,537 and with the International Sister Cities Association of Fort Worth in the amount of $95,026 for the period of October 1, 1991, through September 30, 1992. DISCUSSION: The Arts Council of Fort Worth and Tarrant County, through the Arts Grant Program, provides financial assistance to nonprofit organizations in Fort Worth on a project basis for performances which enhance the cultural and artistic life of the community. Funds for the programs are appropriated to the Arts Council by the City from a portion of the Hotel/Motel Occupancy Tax receipts. All grants are subject to the approval of a Grant Review Panel of the Arts Council. The grant review panels shall include one representative of the City Manager's Office. A portion. of the Hotel/Motel Occupancy Tax receipts also funds the City's contribution to the International Sister Cities Association. Since the City of Fort Worth became involved in the International Sister Cities Association, affiliations have been established with five cities: Reggio Emilio, Italy; Trier, West Germany; Nagaoka, Japan; Bandung, Indonesia; and Budapest, Hungary. International Sister Cities Association of Fort Worth, Inc., in 1986-87 agreed by contract to perform the City's responsibilities for the 1987 Sister Cities International Conference, which was held in Fort Worth, and to provide staff assistance to Sister Cities volunteers. In 1987-88 the growing number of Sister Cities activities required full-time staffing of a Fort Worth Sister Cities office to assist the City of Fort Worth, which has the official relationship with the five cities. The City of Fort Worth budget adopted for 1991-92 includes a $93,537 appropriation for the Arts Council to provide assistance in the distribution of public funds for the support of the arts in Fort Worth through its arts grant program. The adopted budget also includes a $95,026 appropriation for the International Sister Cities Association of Fort Worth to provide staff, office expenses, and coordination and implementation of Sister Cities activities necessary to Fort Worth's participation in the growing number of Sister Cities activities, which services promote the City of Fort Worth. It is proposed that the City Council approve a contract between the City of Fort Worth and each of these agencies for the period of October 1, 1991, through September 30, 1992. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund. Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. C-13095 be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Matson, McCray, Woods, Meadows, and Chappell NOES: Council Member Silcox Minutes of City Council S-3 Page 523 I Tuesday, October 15, 1991 ABSENT: Mayor Granger M&C C-13096 re There was presented Mayor and Council Communication No. C-13096 from the City Manager, agreement with as follows: D/FW International Airport SUBJECT: INTERLOCAL AGREEMENT WITH D/FW INTERNATIONAL AIRPORT BOARD TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR AIRPORT EPA STORMWATER GROUP PERMIT RECOMMENDATION: It is recommended that City Council: 1. Approve a $200,000.00 transfer from the General Fund to specially funded capital project fund, and 2. Authorize the City Manager to execute an Interlocal Agreement with D/FW International Airport to provide stormwater-related engineering consultant services for an amount not to exceed $200,000.00. DISCUSSION: In November 1990, the Environmental Protection Agency (EPA) promulgated Rules and Regulations on stormwater discharge and set forth the requirements to obtain a National Pollutant Discharge Elimination System (NPDES) permit for certain industries as identified under Standard Industrial Classification (SIC) categories. The regulations allow for submission of individual permits or a group permit application for similar industrial activities. Airports have been identified as industries requiring stormwater permits. It is most cost effective to submit a group application in lieu of individual applications; therefore representatives for D/FW International Airport and the Cities of Fort Worth and Dallas submitted a Group Permit Application_, Part I, in March of 1991. Approval by the EPA is pending. A Part II Group Application must be submitted to EPA by March of 1992. In order to obtain the technical information necessary to complete Part II, the services of engineers knowledgeable in airport operations and the EPA stormwater requirements are necessary. A selection committee, consisting of representatives from Fort Worth, Dallas, and D/FW Airport, chose an engineering firm from respondents to a Request for Proposal (RFP). The estimated cost to complete only the Part II application for the six airports is $400,000.00. The City of Fort Worth's estimated share is $100,000.00 (for Meacham, Alliance and Spinks Airports). The additional $100,000.00 is for follow-up projects and further investigations as identified in the Part II application review process. The Cities and D/FW Airport staffs are working together to obtain reimbursement for these costs through Federal Aviation Administration participation. It will be some time before an answer is returned from the FAA. The firm selected has complied with the D/FW DBE policy. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget of the General Fund. Fort Worth's share of any funds reimbursed through FAA participation will be restored to the General Fund. M&C C-13096II It was the consensus of the City Council that the recommendations, as contained in Mayor and adopted Council Communication No. C-13096, be adopted. M&C C-13097 cont. Acting City Secretary Pearson advised City Council that action on Mayor and Council until after public Communication No. C-13097 needs to be delayed until after the public hearing for Tax hearing Abatement Reinvestment Zone No. Nine as covered under Mayor and Council Communication No. G-9343. M&C C-13098 re There was presented Mayor and Council Communication No. C-13098 from the City Manager, contract with as follows: O'Brien Partnershi amended SUBJECT: AUTHORIZATION TO PROCEED WITH THE REVISED PHASE II OF THE CENTRAL LIBRARY CIP PROJECT RECOMMENDATION: It is recommended that the City Council authorize the City Manager: 1. To proceed with plans for the construction work at the ground floor level (foundation for future expansion) and to correct the water infiltration problems at the Central Library, and Minutes of City Council S-3 Page 524 Tuesday, October 15, 1991 M&C C-13098 cont. 2. To execute an amendment to City Secretary Contract No. 16269 with the O'Brien Partnership in the amount of $10,000.00 for the Central Library for preparation of a building environmental assessment report, and 3. To transfer $10,000 from Library Improvements Fund GC37 to Library Improvements Fund GC65. nPCrIICCTnN - City staff reviewed the Central Library Project with the City Council at the May 7, September 3 and October 1, 1991, Pre -Council sessions. Staff presented a recommended program of work for a revised work plan that would primarily address construction work at the ground floor level as well as the water infiltration problem that currently exists in the building. Before any renovation or construction work can occur, it will be necessary to conduct an environmental assessment. A written report will be prepared that will identify potential problem areas, establish priorities, recommend remedial actions, and develop specifications for work that may be necessary at this time. 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. This amendment would increase the architectural contract to $840,500.00. Bond funds in the amount of $3,500,000.00 would be used for the work being recommended. The remaining bonds approved in 1986 would remain unsold until a subsequent bond election provides additional funds for the remaining phases of the expansion project. If the City Council approves this M&C further Council action will be required in the months ahead to close Lamar Street and to award contracts for street work and construction. Two other choices are possible for the existing Central Library facility's problems: 1) to authorize that NO action be taken to correct the water infiltration, hazardous materials and building deterioration or 2) to authorize that necessary actions be taken to correct the water infiltration, hazardous materials and building deterioration, but that no structural construction occur which would commit to the use of the installed foundation. The impact of the acceptance of Alternative Choice No. 1 is: 1) the "building" will continue to deteriorate until the problems cause the building to be closed and abandoned, 2) the general collection will deteriorate and reduce the life span of these items, 3) the $1.5 million computer system is placed in increased jeopardy, 4) the increased liabilities to the public and staff, 5) the sale or storage of the rare books collection to avoid further destruction of these items, and 6) the future commitment to a completely new Central Library facility or no Central Library. If the City Council selects Alternative Choice No. 1, the Council would need to deny this M&C. The impact of the acceptance of Alternative Choice No. 2 is: 1) the water infiltration and hazardous materials problems will be addressed, 2) the building deterioration will be arrested and repairs made, 3) when expansion occurs all of the construction performed will have to be redone, and 4) funds for this option of ($1.5 million) could be taken from the General Fund balance or issue debt Certificates of Obligation. If the City Council selects Alternative Choice No. 2, the Council would need to amend this M&C with the following recommendations. Alternative Choice No. 2 Recommendations: 1) to proceed with the necessary actions to correct the water infiltration, hazardous materials, and building deterioration problems, and 2) to execute an amendment to City Secretary Contract No. 16269 with the O'Brien Partnership in the amount of $10,000 for the Central Library for the preparation of a building environmental assessment report and other possible worked related to the first recommendation, and Minutes of City Council S-3 Page 525 Tuesday, October 15, 1991 3) to -transfer $10,000 from the General Fund to Library Improvements M&C C-13098 cont. Fund GC65. This project is located in DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this contract amendment are available in the current capital budget, as appropriated, of the Library Improvement Fund GC37. M&C FP -2875 re Council Member Matson made a motion, seconded by Council Member McCray, that recommendations contract with L.D. Conatser Con- Nos. 2 and 3 be approved, continued for three weeks recommendation No. 1, and that a public tractor hearing be set for November 5, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2874 re There was presented Mayor and Council Communication No. FP -2874 from the City Manager final payment to stating that the City Council accepted street and storm drain improvements to Northwest 19th Walt Williams Con- and Macie Street and approved final payment in the amount of $6,324.20 on May 14, 1991, by struction Company Mayor and Council Communication No. FP -2815; that, subsequent to final payment, the Zoning Hearing contractor and the project inspector found that HMAC in the amount of 8.96 tons at $75.00 per ton and 1 linear foot of 6 -inch concrete curb at $3.00 per linear foot were not included in the final estimate; that a supplemental payment in the amount of $677.25 is due the contractor; that the Director of Fiscal Services certifies that funds required for this supplemental final payment are available in the current capital budget, as appropriated, of the Street Improvements Fund; and recommending that the City Council approve a supplemental final payment in the amount of $677.25 to Walt Williams Construction Company for Street and Storm Drain Improvements to NW 19th and Macie Street under City Secretary Contract No. 17465. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2875 re There was presented Mayor and Council Communication No. FP -2875 from the City Manager contract with L.D. Conatser Con- recommending that the City Council accept as complete the contract with L.D. Conatser tractor Contractor for Sanitary Sewer Main 127 Interceptor; authorize final payment in the amount of $23,595.17 to L.D. Conatser Contractor, including $1,185.00 in change orders; and authorize a fund transfer in the amount of $5,849.00 from Sewer Capital Improvement Fund, Unspecified to Sewer Capital Improvement Fund, Sanitary Sewer Main 127 Interceptor for in- house engineering costs. It was the consensus of the City Council that the recommendations be adopted. Zoning Hearing It appearing to the City Council that the City Council that Resolution No. 1761 was adopted on September 17, 1991, setting today as the date for hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011 and that notice of the has been given by publication in the Fort Worth Star -Telegram, the official ,hearing newspaper of the City of Fort Worth, Texas, on September 24, 1991, Mayor Pro tempore Webber asked if there was anyone present desiring to be heard. Mr. Jim Schell re Mr. Jim Schell, 901 Fort Worth Club Building, appeared before the City Council and Z-91-47 requested that the City Council give favorable consideration to the ordinance text amendment by amending Section 1, Definitions, to include reclamation; by amending Section 20, C.2 Regulations, Quarries, Mines, Dreading Operations, Sand and Gravel Pits and Excavation Operations, Zoning Docket No. Z-91-047, and requested that the last paragraph under Section 2 be amended to include the words "or waiver" after the word "variance" on the fourth line of the paragraph. City Attorney Adkins advised the City Council that he does not see any problem with the addition of "or waiver" after the word "variance" in the second to last paragraph under Section 2. Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City Z-91-47 Council and advised the City Council that he has no problem with this additional language, however, it was felt by the Zoning Commission that the term "variance" covered it sufficiently. Mr. Bruce McClendo Mr. Bruce McClendon, Director of the Planning Department, appeared before the City re Z-91-47 Council regarding the authority of the Board of Adjustment to grant variances or waive certain requirements and stated that the Board would have the unlimited authority to waive any of the requirements If the term "waiver" was included in the ordinance and the Zoning Commission was interested in using the word variance" rather than the word "waiver". Mr. Dan Tartaglia Mr. Dan Tartaglia, Assistant City Attorney, appeared before the City Council and re Z-91-47 advised the City Council that special exceptions are already before the Board of Adjustment and advised the City Council that the applicant is being asked to file another fee and variance for a special exception that is already going before the Board of Adjustment and, in his opinion, this was redundant and advised the City Council that he sees no problem in the addition of "or waiver." Council Member Chappell made a motion, seconded by Council Member McCray, that zoning ordinance text amendment by Section 1, Definitions to include reclamation; by amending Section 20, C.2. Regulations, quarries, mines, dreading operations, sand and gravel pits and excavation operations, Zoning Docket No. Z-91-047, be approved, as amended by including the Minutes of City Council S-3 Page 526 Tuesday, October 15, 1991 -91-47 cont.Il words "or waiver" after the word "variance" on the second paragraph of Section 2. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Silcox, McCray, Woods, Meadows, and Chappell NOES: Council Members Matson and Puente ABSENT: Mayor Granger ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. rdi nance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Silcox, McCray, Woods, Meadows, and Chappell NOES: Council Members Matson and Puente ABSENT: Mayor Granger The ordinance, as adopted, is as follows: rdinance No.II ORDINANCE NO. 10937 0937 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING SECTION 1, DEFINITIONS, TO INCLUDE RECLAMATION; BY AMENDING SECTION 20, C.2. REGULATING QUARRIES, MINES, DREDGING OPERATIONS, SAND AND GRAVEL PITS AND -EXCAVATION OPERATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Z-91-69 Council Member Silcox made a motion, seconded by Council Member Woods, that the application of BMA Properties c/o Scout Development Corporation for a change in zoning of property located at 750 W. Loop 820 South from "G" Commercial to "G/S" Commercial/Sign Subdistrict, Zoning Docket No. Z-91-069 be approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Ms. Jennifer Knaus Ms. Jennifer Knaus, 9909 Pack Saddle, applicant for Nephrology Associates for a change re Z-91-73 in zoning for property located at 1000-1002 W. Cannon Street from "D" Multi -Family to "G" Commercial, Zoning Docket No. Z-91-073, appeared before the City Council and requested that the City Council give favorable consideration for Zoning Docket No. Z-91-073. Council Member Meadows made a motion, seconded by Council Member Chappell, that the application of Nephrology Associates for a change in zoning for property located at 1000- 1002 W. Cannon Street from "D" Multi -Family to "G" Commercial, Zoning Docket No. Z-91-073, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Z-91-75 Council Member Meadows advised the City Council that he has a business relationship with the Southwestern Baptist Theological Seminary and requested permission of the City Council to abstain from voting on Zoning Docket No. Z-91-075. Council Member McCray made a motion, seconded by Council Member Silcox, that Council Member Meadows be permitted to abstain from voting on Zoning Docket No. Z-91-075. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Minutes of City Council S-3 Page 527 Tuesday, October 15, 1991 Z-91-75 Council Member Woods made a motion, seconded by Council Member McCray, that the application of the Southwestern Baptist Theological Seminary for a change in zoning of property located at 4300-4312 S. Henderson Street from "C" Multi -Family and "E" Commercial to "C" Multi -Family, zoning Docket No. Z-91-075, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed be the following vote: Z-91-76 AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: Mayor Granger NOT VOTING: Council Member Meadows Council Member Matson made a motion, seconded by Council Member Woods, that the application of Andy leone for a change in zoning of property located at 3529 Raider Drive from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. Z-91-076, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Z-91-77 Council Member Woods made a motion, seconded by Council Member Puente, that the application of Robert Hoskins for a change in zoning of property located at 1900 Uvalde Street from "B" Two -Family to "FR" Restricted Commercial, Zoning Docket No. Z-91-077, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Z-91-78 Council Member McCray made a motion, seconded by Council Member Woods, that the application of Masonic Grand Chapter of the Order of the Eastern Star of texas for a change in zoning of property located at,2016 S. Edgewood Terrace from "B" Two -Family to "CF" Community Facilities, Zoning Docket No. Z-91-078, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows (Not voting on Z-91-75), and Chappell NOES: None ABSENT: None IjThe ordinance, as adopted, is as follows: Ordinance No.I) ORDINANCE NO. 10938 10938 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 ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -91-68 Council Member Woods made a motion, seconded by Council Member Chappell, that the recommendations of the City Zoning Commission for denial of the application of Randy Reynolds for a change in zoning of property located at 9321 Crowley Road and 9320 Parkview Drive from "FR" Restricted Commercial to "I" Light Industrial, Zoning Docket No. Z-91-068, Minutes of City Council S-3 Page 528 . i 013 Tuesday, October 15, 1991 -91-68 cont. be upheld. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. -91-71 Council Member Chappell made a motion, seconded by Council Member Silcox, that the recommendations of the City Zoning Commission for denial of the application of Don Williams for a change in zoning of property located at 1616 W. Berry Street from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z-91-071, be upheld. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. &C G-9343 re It appearing to the City Council that on October 8, 1991, the City Council set a earing on Fort public hearing for today concerning designation of Fort Worth Tax Abatement Reinvestment orth Tax Abate- Zone No. 9 and that notice of the public hearing was published in the newspaper as required e n t Reinvestment by state law, Mayor Granger asked if there was anyone present desiring to be heard. rs. Ann Diveley re Mrs. Ann Diveley, representing the City Manager's Office, appeared before the City &C G-9343 Council and introduced Mayor and Council Communication No. G-9343, as follows: SUBJECT: PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NO. 9 RECOMMENDATION: It is recommended that the City Council take the following action: 1. Hold a public hearing concerning designation of the Fort Worth Tax Abatement Reinvestment Zone No. 9, and 2. Adopt the attached ordinance which designates the Fort Worth Tax Abatement Reinvestment Zone No. 9 pursuant to Texas Property Redevelopment and Tax Abatement Act, Tax Code, Sections 312.001 through 312.209, as amended. DISCUSSION: Consideration of this issue as a part of today's agenda serves as a public hearing on the designation of a reinvestment zone as required by the Property Redevelopment and Tax Abatement Act. Notice of this public hearing was published in the newspaper and delivered to the presiding officer of the governing body of each affected taxing unit at least 7 days prior to this meeting as required by state law. The proposed area meets the criteria for the designation of a reinvestment zone, as required by the Tax Code, in that the area is reasonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city. In addition, the improvements sought in the zone are feasible and practical and would be a benefit to the land to be included in the zone and to the city after any tax abatement agreements which may be entered in accordance with state law have expired. The designation of a reinvestment zone expires after 5 years and may be renewed for periods not to exceed 5 years. The Code requires a city to designate a zone prior to entering into tax abatement. Mr. Don Klick re M &C G-9343 Kl Mr. Don Klick, President of Tarrant County Property Owners Association, 2901 Daisy Lane, appeared before the City Council and expressed opposition to the proposed Tax Abatement Reinvestment Zone No. 9. Mr. Don Scott re Mr. Don Scott, Vice President for the Burlington North Railroad Company, 777 Main M&C G-9343 Street, appeared before the City Council and requested that the City Council give favorable consideration to the proposed tax abatement, and advised the City Council that the intent of the Company will be consolidate all of its operations into one location. M&C C-13097 re Tax Abatement Re- There being no one else present desiring to be heard in connection with the public inve s tm e.n t Zone hearing on proposed Tax Abatement Reinvestment Zone No. 9, Council Member Chappell made a No 9 motion, seconded by Council Member Silcox, that the hearing be closed and an ordinance be adopted designating the Fort Worth Tax Abatement Reinvestment Zone No. 9. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted. Ordinance p� P The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None Minutes of City Council S-3 Page 529 5 3 J Tuesday, October 15, 1991 ABSENT: Mayor Granger The ordinance, as adopted, is as follows: ORDINANCE NO. 10936 Ordinance No. 10936 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY DESIGNATING A CERTAIN AREA NORTH OF WESTERN CENTER BOULEVARD AND WEST OF INTERSTATE 35W AS THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NO. 9; PROVIDED THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR 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 C-13097 re There was presented Mayor and Council Communication No. C-13097 from the City Manager cont:tunti.l .afters stating that the City Council received a summary of the application for the tax abatement pdb1<iC'heari.ng: rt- reinvestment for Zone No. 9 on October 1, 1991; that the project is the international headquarters for Burlington Northern Railroad Company; that, if on October 15, 1991, the City Council establishes the Tax Abatement Reinvestment Zone No. 9, the property subject to the ,tax abatement agreement is located within this reinvestment zone; and recommending that the City Council take actions regarding a proposed project located west of I -35W and north of Western Center Boulevard, as follows: 1. Find that the improvements sought are feasible and practical, and would be a benefit to the land and to the City after the expiration of the tax abatement agreement, and 2. Find that written notice of the City's intent to enter the attached Tax Abatement Agreement and copies of the Agreement were mailed by certified mail to all affected taxing units in accordance with state law, and 3. Find that the terms and conditions of the Agreement and the property subject to the agreement meet the City's Policy Statement for Tax Abatement to Qualified Commercial/Industrial Projects as established in M&C G-8861, and 4. Authorize the City Manager to enter into the Tax Abatement Agreement with BN Leasing Corporation in accordance with the amended Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects (Guidelines and Criteria) which was adopted by the City Council on October 16, 1990 (M&C G-8861). On motion of Council Member Chappell, seconded by Council Member Silcox, the recommendations were adopted. Mr. Phil Crombie r Mr. Phil Crombie, representing the Fairmont Homeowners' Association, 1706 Fifth invited Council to Avenue, appeared before the City Council and invited the City Council to attend the Fairmont the Fairmont Centennial on October 19, 1991. Centennial, Mr. Lon Burnam re Mr. Lon Burnam, representing Texas Citizens Action, 4200 South Freeway, Suite 623, a franchise agree appeared before the City Council and expressed opposition to the City entering into a ment with South- franchise agreement with Southwestern Bell Telephone Company until an audit has been western Bell conducted to determine if past franchise taxes are due to the City; and requested that City Telephone Company Council in its deliberations become aware of the suits and litigation that are going on throughout the State of Texas regarding the franchise agreements and requested that the City Council consider the feasibility of the audit. Council Member Chappell directed staff to report to the City Council of the Southwestern Bell audit and to determine if the City Council was suppose to receive a copy of the Bell audit, if the Council ever received a copy of the audit and if not why not. r. Stuart Walker Mr. Stuart Walker, 3732 Marks Place, appeared before the City Council and invited the e invited Council City Council to attend the Second Annual Taxpayers' Action Day Rally on Saturday, October o attend the 19, 1991, at 11:00 a.m. on the east lawn of Tarrant County Courthouse Building. econd Annual Tax- ayers' Action Day ally Mr. Bill Williams, 10205 Highway 199, NW, District 21 Commander of the Veterans of r. Bill Williams Foreign Wars of the United States, representing the Veterans' Day Parade Coalition e Coalition Comm. Committee, appeared before the City Council and requested that a resolution be adopted ermanent chair- naming the Coalition Committee permanent chairman of the Veterans' Day Parade each year and an requested that the Fort Worth Police Officers' Association provide 15 off-duty police officers to handle blocking off the streets for the parade to be held on November 9, 1991, at 10:00 a.m. Minutes of City Council S-3 Page 530 531 Tuesday, October 15, 1991 ouncil Member Council Member Chappell requested that this matter be referred to the City Manager to h appell re take appropriate action and respond to Mr. Williams' request. r. Williams re- ues t Ms. Louise Murray, 1807 Wagon Wheel Trail, appeared before the City Council and s. LouiseMurray re requested assistance of the City Council in order to alleviate the alleged harassment arassment from the suffered by Ms. Murray from the Code Enforcement Department seeking to demolish an apartment ode Enforcement ep a rtme n t building, owned by her, located in the 2800 block of McCart Street and requested an additional 30 days be granted in order to finish cleaning up the apartment building. ity Attorney dkin s re Ms. City Attorney Adkins advised the City Council that the condition of the property at u rray's statement 2800 McCart Street is substandard and staff was directed to file a Chapter 54 injunction suit against Ms. Murray because we were unable to get any cooperation from Ms. Murray regarding bringing the apartment building up to code and advised the City Council that the case is now a county court law suit and that the Judge has entered an injunction against Ms. Murray that required that she clean up of this property. r. Tom Davis re s. Murray's state- Mr. Tom Davis, Director of City Services, appeared before the City Council and advised ent the City Council that this case was heard in court today for the second time and that a thirty day extension was denied by the judge; we have been unable to obtain any relief in getting the property cleaned up and that is why we are pursuing it in district court. City Attorney Adkins advised the City Council that the property will be torn down and a lien will be put on the property for the cost of the demolition and proceed with the legal action. r. Chip Diano re ank foreclosure Mr. Chip Diano, 3201 Camp Bowie, Apartment 38, appeared before the City Council and t Greenbriar advised the City Council of a bank foreclosure at Greenbriar that was not taken care of properly and praised the City Council in its efforts for the Sister Cities Event and the Air Show on last week. et in executive The City Council recessed into executive session to seek the advise of its attorney e ssion concerning pending litigation or other matters which are exempt from public disclosure by Article X, Section 9, State Bar of Texas Rules: a) City of Fort Worth v. Tarrant County, Texas, et al, Cause No. 348-122324-89 b) International Association of Firefighters Local 440 v. City of Fort Worth, Cause No. 342-123792-89 c) Claims regarding repairs to Will Rogers Coliseum Roof d) Southwestern Bell Telephone Company Gross Receipts Taxes as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas open Meeting Act. econvened into The City Council reconvened into regular session with eight members present and Mayor egul ar session Granger absent. djourned Th re being no further business, the meeting was adjourned. ACTIN TY SECRETARY MAYOR Minutes of City Council S-3 Page 531