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HomeMy WebLinkAbout1992/03/17-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of March 12, 1992 approved Mr. Jim Brittian re presented Council with checks from various Cities to assist with the ten perecent funding portion for Master Plan Study for Spinks Airport Withdrew M&C No. C-13276 Withdrew M&C No. P-5531 Consent agenda approved Resignation of Mr. Pablo Calderon from the NRDC Appointment of City Secretary be cont. until after executive session M&C OCS-403 Liability Bonds M&C OCS-403 adopted M&C OCS-404 Claims Walter Hayward CITY COUNCIL MEETING MARCH 17, 1992 On the 17th day of March, A.D., 1992, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, and Jewel Woods; City Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Will Davis, Springbrook Baptist Church. The Pledge of Allegiance was recited. On motion of Council Member Puente, seconded by Council Member Woods, the minutes of the meeting of March 12, 1992, were approved. Mr. Jim Brittian, representing Spinks Task Force of the Fort Worth Chamber of Commerce, South Area Council, appeared before the City Council and presented the City Council with checks totalling $7,500.00 from Johnson County Economic.Development, Everman Area Chamber of Commerce, Southwestern Bell, and Cities of Burleson, Crowley, Kennedale, Mansfield, and Everman; and requested that the City of Fort Worth find the necessary funds in order to complete the requested ten percent of money required for the Spinks Airport Master Plan Study. Council Member Silcox requested that Mayor and Council Communication No. C-13276 be withdrawn from the consent agenda. City Manger Ivory requested that Mayor and Council Communication No. P-5531 be withdrawn from the consent agenda. On motion of Council Member McCray, seconded by Council Member Puente, the consent agenda, as amended, was'approved. Council Member Woods made a motion, seconded by Council Member Puente, that the resignation of Mr. Pablo Calderon from the Neighborhood Resources Development Council be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Silcox made a motion, seconded by Council Member Woods, that the appointment of the City Secretary be continued until after executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. OCS-403 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds or approve cancellation of liability bonds, with cancellations remaining in full force and effect for all work performed prior to date of cancellation, as follows: PARKWAY CONTRACTOR'S BOND ABC Concrete PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY Western Surety Company CANCELLATION CANCELLATION DATE INSURANCE COMPANY Cleve Smethers Concrete April 11, 1992 State Farm Insurance Smethers, Cleve Companies It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-404 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Walter Hayward March 5, 1992 February 14, 1992 2408 E. Belknap $75.00 Minutes of City Council T-3 Page 467 468 Tuesday, March 17, 1992 Walter Hayward's Nature of Incident: Claimant alleges damages sustained as a result of claim cont. an impounding fee charged for storage of stolen March 10, 1992 trailer. Lila Kathleen Ayala 2. Claimant: Lila Kathleen Ayala Date Received: March 6, 1992 Road Date of Incident: September 25, 1991 Location of Incident: 4008 Zwolle Street Injuries: Estimate of Damages/ Injuries: $77.00 damages to vehicle as the result Nature of Incident: Claimant alleges damages sustained as a result of of road conditions. Animal Control requiring that claimant's dog be 9. Claimant: Steven Thebeau kenneled after biting a City employee (Water Meter Date Received: Reader), and alleges that the City employee provoked the animal. Gloria Jordan & Demeshia Laster 3. Claimant: Gloria Jordan & Demeshia Laster Date Received: March 6, 1992 105 W. Jessamine Date of Incident: February 6, 1992 Attorney: Jim Puff Injuries: Location of Incident: Texas T, E. Rosedale & Amanda, Fort Worth, Texas Estimate of Damages/ Claimant alleges injuries sustained as the result Injuries: $100,000.00 each of a vehicular Nature of Incident: Claimants allege injuries sustained while riding vehicle. (Police) as passengers on a City bus. Christina Nora Oldham 4. Claimant: Christina Nora Oldham Date Received: March 9, 1992 Date of Incident: January 31, 1992 Location of Incident: West 5th & Forest Park Estimate of Damages/ Injuries: $159.79 - $175.84 Nature of Incident: Claimant alleges damages as the result of a Police Officer pushing her disabled vehicle up a hill then losing control causing claimant's vehicle to roll back into the Police's vehicle. Thelma Wilson, 5. Claimant: Thelma Wilson Date Received: March 9, 1992 Date of Incident: January 22, 1992 Attorney: Denbow & Wade (Ms. Sandra Jensen, CLA) Location of Incident: Martin.Luther King Center, 5565 Truman Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of a chair collapsing beneath her at a City -owned Community Center. Deatra Jones 6. Claimant: Deatra Jones Date Received: March 9, 1992 Date of Incident: December 21, 1991 Location of Incident: Handley-Ederville Road Estimate of Damages/ Injuries: $415.00 Nature of Incident: Claimant alleges damages to vehicle the result of road conditions and seeks compensation for repairs and vehicle rental charges. Thomas and Robin 7. Claimant: Thomas and Robin Echols Echols Date Received: March 9, 1992 Date of Incident: March 7, 1992 Location of Incident: 4812 Rickee Drive Estimate of Damages/ Injuries: $325.79 Nature of Incident: Claimants allege damages to vehicles and property as the result of hydraulic fluid being sprayed from a "trash truck." Jo Ann Presley 8. Claimant: Jo Ann Presley Date Received: March 10, 1992 Date of Incident: March 2, 1992 Location of Incident: Merrimac Circle Road Estimate of Damages/ Injuries: $78.46 Nature of Incident: Claimant alleges damages to vehicle as the result of road conditions. Steven Thebeau 9. Claimant: Steven Thebeau Date Received: March 10, 1992 Date of Incident: February 4, 1992 Attorney: James Stanley Location of Incident: 2000 Hemphill & 105 W. Jessamine Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as the result of a vehicular accident involving a City -owned vehicle. (Police) Minutes of City Council T-3 Page 468 Belinda Ann Montez Henry B. Dorris Riverside Baptist Church M&C OCS-404 adopted 10. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 11. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 12. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Tuesday, March 17, 1992 Belinda Ann Montez March 10, 1992 December 5, 1991 Intersection of White Settlement Rd. & Carroll St. $1,116.80 - $1,167.00 Claimant alleges damages as the result of a vehicular accident resulting from misplaced traffic signals. Henry B. Dorris March 10, 1992 December 19 through 31, 1991 3835 Shelby Drive $977.49 - $1,130.52 Claimant alleges damages to property sustained as a result of a main sewer line blockage. Riverside Baptist Church March 11, 1992 April 15, 1991 3101 Race Street $3,506.53 Claimant alleges damages to property sustained as a result of a sewer back-up. It was the consensus of the City Council that the recommendation be adopted. so M&C OCS-405 There was presented Mayor and Council Communication No. OCS-405 from the Office of the Resolution - Zoning City Secretary recommending that a resolution be adopted setting the regular zoning hearing for April 14, 1992. On motion of Mayor Pro tempore Webber, seconded by Council Member McCray, the recommendation was adopted. Introduced a Resolution Resolution No. 1812 Mayor Pro tempore Webber introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Members Meadows and Chappell The resolution, as adopted, is as follows: RESOLUTION NO. 1812 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 APRIL 14, 1992, 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, April 14, 1992, 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-92-016 Lots 1, 2, 27, 28, 29, 30, 31, & 32, Block D, Wray's Subdivision of Block 18, Fields -Welch Addition Recommended from "D" Multi -Family to "F -R" Restricted Commercial (1201 Grainger Street and 1200-1208 South Jennings Avenue) Z-92-017 Block 1, Town and Country Village Addition Recommended from "G" Commercial to "I" Light Industrial (2540 Jacksboro Highway) Z-92-018 Lots 5 & 6, Block 22, Hyde -Jennings Addition Recommended from "E" Commercial to "I" Light Industrial (7001 East Lancaster Avenue) Minutes of City Council T-3 Page 469 470 Tuesday, March 17, 1992 Z-92-019 Block 3, Parkside Addition Resolution No. 1812 cont. Recommended from "B" Two -Family to "E -R" Restricted Commercial (3301 Stalcup Road) Z-92-020 Lot 1, Block 1, Oakland Place Addition Recommended from "ER" Restricted Commercial to "PD/SU" Planned Development Specific Use to permit all uses in the "E -R" Restricted Commercial District and the sales, service, storage, distribution and display of sheet music. Waiver of site plan recommended. (1500 Ederville Road) Z-92-021 TEXT AMENDMENTS 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 2-B, "C -F" COMMUNITY FACILITIES DISTRICT, BY REMOVING ITEMS A, B, AND C FROM 2. SPECIAL EXCEPTION USES AND PLACING THEM IN SECTION 1, PRINCIPAL USES; 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 DATED. 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 ADDING THE DEFINITION "HOSPICE"; BY ADDING "HOSPICE" AS A PERMITTED USE IN "CF" COMMUNITY FACILITIES DISTRICT, "C" MULTI -FAMILY DISTRICT AND "E -R" RESTRICTED COMMERCIAL DISTRICT' BY AMENDING SECTION 19, "OFF-STREET PARKING AND LOADING REQUIREMENTS', SUBSECTION B.2, TO INCLUDE HOSPICES; 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. 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. H-0085 It appearing to the City Council that the City Council on February 11, 1992, set today aving assessments as the date for the benefit hearing in connection with the assessment paving of Bourine f Bourine Street from Street from Blackmore Avenue to Curzon Avenue and that notice of the hearing has been given lackmore Avenue by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of o Curzon Avenue Fort Worth, Texas, on February 19, 20, and 21, 1992, Mayor Granger asked if there was anyone present desiring to be heard. rs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public Works, H-0085 appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each case of the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0085, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BOURINE STREET FROM BLACKMORE AVENUE TO CURZON AVENUE (PROJECT NO. 67-640201) RECOMMENDATION: It is recommended that the City Council adopt an ordinance that: 1. Closes the benefit hearing, and 2. Levies the assessments as proposed, and 3. Acknowledges that in each case the abutting property is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Bourine Street from Blackmore Avenue to Curzon Avenue. Minutes of City Council T-3 Page 470 BH -0085 cont. Tuesday, March 17, 1992 DTScussrON- The 1986 Capital Improvement Program included funds for the improvement of Bourine Street from Curzon Avenue to Goodman Drive. The section of street from Goodman Drive to Blackmore Avenue was added to this project using District 7 Undesignated Funds. Since reconstruction of Bourine Street from Blackmore Avenue south to Vickery has been completed, this project will complete the improvement of Bourine through the Como neighborhood. The street is in the Como Target Area and has never previously been constructed to City. standards. Community Development Block Grant (CDBG) funds will provide a portion of the construction cost. One- and two-family residences are not assessed. Bourine Street will be constructed with standard concrete pavement. Standard concrete driveways and sidewalks will be built where shown on .the plans. On February 11, 1992 (M&C G-9510), the City Council established March 17, 1992, as the date of the benefit hearing. Notice was given in accord with Article 1105b, Vernon's Annotated Civil Statutes. 47T, M&C G-9562 re There was presented Mayor and Council Communication No. G-9562 from the City Manager work authorization recommending that a work authorization be authorized in accordance with AR3-3 for the for sanitary sewer sanitary sewer replacement of M-170 by City forces located in the alley west of Benton replacement of M-170 Street from Hampshire to Old Handley Road; for a total estimated project cost is $48,269.19; with funds available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9563 re adopted ordinance An independent appraiser hasp rovided a report that documents the enhancement increasing to property values which results from the improvements. Based on standard City estimated policy, the City Engineer's estimate, and the advice of the independent receipts appraiser, the division of estimated construction cost is: Property owners' share of cost 9,796.00 2% City's share of cost 1564,716.00 98% Total cost $574,512.00 100% There are no unusual situations on this project that require special City Council consideration. The project is in DISTRICT 7. Introduced an Ordinance There being no one else desiring to be heard in connection with the benefit .present hearing for the assessment paving of Bourine Street from Blackmore Avenue to Curzon Avenue, Council Member Silcox made a motion, seconded by Council Member Puente, that the benefit hearing be continued from day to day and time to time and especially to the meeting of March 24, 1992. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9561 re There was presented Mayor and Council Communication No. G-9561 from the City Manager work authorization recommending that a work authorization be authorized in accordance with AR3-3 for the for sanitary sewer sanitary sewer replacement of L-601 by City forces, located in the alley north of Shaw Ordinance No. 11054 Street from Henderson to 5th Avenue, for a total estimated project cost of 41,653.59; with replacement L-601 funds are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9562 re There was presented Mayor and Council Communication No. G-9562 from the City Manager work authorization recommending that a work authorization be authorized in accordance with AR3-3 for the for sanitary sewer sanitary sewer replacement of M-170 by City forces located in the alley west of Benton replacement of M-170 Street from Hampshire to Old Handley Road; for a total estimated project cost is $48,269.19; with funds available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9563 re adopted ordinance There was presented Mayor and Council Communication No. G-9563 from the City Manager increasing stating that the Police Department recently sent two detectives to a Laboratory for estimated Scientific Interrogation Content Analysis Seminar which has proved to be very useful in receipts their investigations; that the Scientific Content Analysis or "SCAN" studies speech patterns, seeking tell-tale signs of deception by anal zing both structure and contents of that the statements; total cost of the seminar will be 11,600.00 and the cost will be split equally between the Police Awards Foundation and Awarded Assets; and recommending that the City Council adopt an appropriations ordinance increasing estimated receipts and appropriations by $5,800.00 in the Special Trust Fund from Awarded Assets. It was the consensus of the City Council that the recommendation be adopted. Introduced an Ordinance Council Member McCray introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Puente.' The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Members Meadows and Chappell The ordinance, as adopted, is as follows: Ordinance No. 11054 ORDINANCE NO. 11054 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $5,800.00 FOR THE PURPOSE OF PROVIDING FUNDING FOR THE POLICE DEPARTMENT TO HOST LABORATORY FOR SCIENTIFIC INTERROGATION SEMINAR; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council T-3 Page 471 Tuesday, March 17, 1992 Ordinance No. 11054 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: cont. 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-9564 re There was presented Mayor and Council Communication No. G-9564 from the City Manager payment to Texas stating that Senate Bill 818 requiring implementation of a program for water quality Water Commission assessment by watershed was passed during the last legislative session; that the program is to be conducted by existing river basin authorities, and includes assessment of water quality every two years; that the Trinity River Authority of Texas will perform the assessment in the Trinity River basin; that the Senate bill authorized the Texas Water Commission to recover the reasonable costs of administering the water quality management programs from all users of water and wastewater permit holders in each watershed generally in proportion to their right to use water from and discharge wastewater into the watershed; that these annual fees are based on the operating parameters specified in the wastewater permits for flow and traditional pollutant limits; that the fees are due each January 1 and assessed a penalty of ten percent if not received by March 31; that the maximum fee charged per facility is $35,000.00; and recommending that the City Council authorize the payment of $35,000.00 to the Texas Water Commission for the annual fees for water quality management and adopt a supplemental appropriation ordinance increasing the Water and Sewer appropriation by $35,000.00 and decreasing the Unreserved, Undesignated Water and Sewer Operating Fund retained earnings by the same amount. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Puente. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Members Meadows and Chappell The ordinance, as adopted, is as follows: ORDINANCE NO. 11055 Ordinance No. 11055 AN ORDINANCE APPROPRIATING $35,000.00 TO THE WATER AND WASTEWATER OPERATING FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING FEES TO THE TEXAS WATER -COMMISSION FOR THE PURPOSE OF ASSESSING WATER QUALITY IN THE TRINITY RIVER BASIN; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-9565 re There was presented Mayor and Council Communication No. G-9565 from the City Manager 'improvements to stating that the 1986 Capital Improvement Program included funds for the improvement of Maddox Avenue from Maddox Avenue from College Avenue to Hemphill Street; however, the curbs and gutters from Lipscomb Street to Lipscomb Street to Hemphill Street are in excellent condition, and this portion of the College Avenue project can be maintained within City Standards with an HMAC overlay; that the street is in the Mid -Southside Target Area and has previously been constructed to City standards; that Community Development Block Grant Funds will provide a portion of the construction cost; that the project is in District 9; that the total estimated cost of the assessment is $77,550.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Maddox Avenue from Lipscomb Street to College Avenue, and 2. Authorize the assessment of a portion of the cost of the improvements to Maddox Avenue against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish April 14, 1992, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. Council Member Puente Council Member Puente advised City Council that he will be abstaining from voting on re M&C G-9565 Mayor and Council Communication No. G-9565. abstain from voting City Attorney re City Attorney Adkins advised City Council that Council Member Puente has a substantial Council Member interest in the Fort Worth Independent School District and is disqualified from voting on Puente M&C G-9565 Mayor and Council Communication No. G-9565, Council Member McCray made a motion, seconded by Council Member Woods, that the recommendations, as contained in Mayor and Council Communication No. G-9565 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: i Minutes of City Council T-3 Page 472 473 Tuesday, March 17, 1992 M&C G-9565 cont.II AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members'Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Members Meadows and Chappell NOT VOTING: Council Member Puente C P-5529 re There was presented Mayor and Council Communication No. P-5529 from the City Manager rchase agreement with stating that bids were requested on the basis of manufacturer's suggested list price less ck Williams Chevrolet a discount; that parts are available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for purchase of genuine Chevrolet replacement parts and engines on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that City Council approved a purchase agreement with Jack Williams Chevrolet on June 18, 1991, by Mayor and Council Communication No. P-5040 to furnish Chevrolet manufacturer's replacement parts for a period of one year with options to renew for two additional one-year periods; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $150,000.00 on this agreement; that the Director of Fiscal Services certifies that the funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Manager be authorized to exercise the first renewal option on a purchase agreement for the purchase of genuine Chevrolet manufacturer's replacement parts and engines with Jack Williams Chevrolet on the low bid of unit prices at manufacturer's suggested list price less 30 percent, with term of agreement to begin June 13, 1992, and end June 12, 1993, with one additional one-year option to renew. It was the consensus of the City Council that the recommendations be adopted. &C P-5530 re There was presented Mayor and Council Communication No. P-5530 from the City Manager urchase agreement submitting a tabulation of bids received for a purchase agreement to provide security ith Smith Protective service for the Housing and Human Services Department; stating that the Director of Fiscal ervices Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the operating budget, as appropriated, of the General Fund, and funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the security service be provided by Smith Protective Services on its low bid of $6.49 per hour meeting City specifications net, f.o.b. Fort Worth, with term of agreement to begin February 1, 1992, and end January 31, 1993. It was the consensus of the City Council that the recommendations be adopted. &C P-5531 re There was presented Mayor and Council Communication No. P-5531 from the City Manager urchase from multiple submitting a tabulation of bids received for the purchase of agricultural pesticides from endors for Park and multiple vendors for the Park and Recreation Department; stating that the Director of Fiscal ecreation Department Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund and the Golf Fund and the capital budget of the Special Trust Fund; and recommending that the purchase be made on a low bid per item basis, meeting City specifications, for a total amount not to exceed $91,136.60 net, with the casting of lots to determine the vendor for tie bids submitted for Item 2 (100 gallons Monsanto Rodeo herbicide). cting City Secretary &C G-9566 re There was presented Mayor and Council Communication No. G-9566 from the City Manager gallons of Monsanto Rodeo herbicide inasmuch as identical bids were submitted by Estes uthorized Summitt stating that Summitt Broadcasting Corporation (Heaven 97/KHVN and 100.3 JAMZ) has requested oradcasting Corpora- to use Rolling Hills Park to present a free two-day musical concert to begin at noon on May Member Matson made a motion, seconded by Council Member Woods, that the recommendation as ion to use the 30 and 31, 1992, and continue until 6:00 p.m. each day; that Gospel music will be presented olling Hills Park on Saturday, May 30th and Rhythm and Blues music on Sunday, May 31st; that a fee of put to a vote by the Mayor, it prevailed unanimously. &C P-5532 re $1,845.00 will be paid by the Summitt Broadcasting Corporation to cover site reservation fee urchase agreements There was presented Mayor and Council Communication No. P-5532 from the City Manager and special events concession fee for rental of space to concessionaires selling food, submitting a tabulation of bids received for purchase agreements to provide grounds beverages, and sample merchandise; that use of the site would be subject to the same Fiscal Services certifies that funds required for the anticipated expenditures of each conditions as similar. festivals including indemnification for City of Fort Worth, public department eligible to participate in this agreement are available in the current budget of liability insurance, site preservation and maintenance, traffic control, security and Minor's Lawn Care, Inc., Forest Hills Lawn Service, H&S Landscaping, D.E. Enterprises - coordination with City staff of all arrangements for use of the site including any Joint Venture, Kodiak Enterprises, and Custom Landscape Maintenance, with terms of announcements by corporate sponsors at the park; and recommending that the City Council additional one-year periods. It was the consensus of the City Council that the permit Summitt Broadcasting Corporation to sell food, non-alcoholic beverages, and souvenir recommendations be adopted. merchandise at free concerts to be presented on May 30th and 31st, 1992, at Rolling Hills Park. On motion of Mayor Pro tempore Webber, seconded by Council Member McCray, the recommendation was adopted. C P-5529 re There was presented Mayor and Council Communication No. P-5529 from the City Manager rchase agreement with stating that bids were requested on the basis of manufacturer's suggested list price less ck Williams Chevrolet a discount; that parts are available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for purchase of genuine Chevrolet replacement parts and engines on an "as needed" basis reduces the required volume of parts inventory and reduces equipment downtime while still allowing a volume price reduction by estimating annual requirements; that City Council approved a purchase agreement with Jack Williams Chevrolet on June 18, 1991, by Mayor and Council Communication No. P-5040 to furnish Chevrolet manufacturer's replacement parts for a period of one year with options to renew for two additional one-year periods; that the vendor has agreed to maintain the quoted discount and the Equipment Services staff has requested that the option to renew be exercised by Council; that the department anticipates spending approximately $150,000.00 on this agreement; that the Director of Fiscal Services certifies that the funds required for this agreement are available in the Equipment Services Operating Fund; and recommending that the City Manager be authorized to exercise the first renewal option on a purchase agreement for the purchase of genuine Chevrolet manufacturer's replacement parts and engines with Jack Williams Chevrolet on the low bid of unit prices at manufacturer's suggested list price less 30 percent, with term of agreement to begin June 13, 1992, and end June 12, 1993, with one additional one-year option to renew. It was the consensus of the City Council that the recommendations be adopted. &C P-5530 re There was presented Mayor and Council Communication No. P-5530 from the City Manager urchase agreement submitting a tabulation of bids received for a purchase agreement to provide security ith Smith Protective service for the Housing and Human Services Department; stating that the Director of Fiscal ervices Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the operating budget, as appropriated, of the General Fund, and funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the security service be provided by Smith Protective Services on its low bid of $6.49 per hour meeting City specifications net, f.o.b. Fort Worth, with term of agreement to begin February 1, 1992, and end January 31, 1993. It was the consensus of the City Council that the recommendations be adopted. &C P-5531 re There was presented Mayor and Council Communication No. P-5531 from the City Manager urchase from multiple submitting a tabulation of bids received for the purchase of agricultural pesticides from endors for Park and multiple vendors for the Park and Recreation Department; stating that the Director of Fiscal ecreation Department Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund and the Golf Fund and the capital budget of the Special Trust Fund; and recommending that the purchase be made on a low bid per item basis, meeting City specifications, for a total amount not to exceed $91,136.60 net, with the casting of lots to determine the vendor for tie bids submitted for Item 2 (100 gallons Monsanto Rodeo herbicide). cting City Secretary Acting City Secretary Pearson announced that lots will be cast for the purchase of 100 earson casting of gallons of Monsanto Rodeo herbicide inasmuch as identical bids were submitted by Estes ots Estes Chemicals Chemicals and Van Waters & Rogers and, following the drawing of bids by Charles Boswell, representing Estes Chemicals and Judson Bailiff, representing Van Waters & Rogers, Council Member Matson made a motion, seconded by Council Member Woods, that the recommendation as contained in Mayor and Council Communication No. P-5531, be adopted with the purchase of 100 gallons of Monsanto Rodeo herbicide being awarded to Estes Chemicals. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-5532 re urchase agreements There was presented Mayor and Council Communication No. P-5532 from the City Manager ith multiple vendors submitting a tabulation of bids received for purchase agreements to provide grounds maintenance service for the Park and Recreation Department; stating that the Director of Fiscal Services certifies that funds required for the anticipated expenditures of each department eligible to participate in this agreement are available in the current budget of the appropriate funds; and recommending that the purchase agreements be authorized with Minor's Lawn Care, Inc., Forest Hills Lawn Service, H&S Landscaping, D.E. Enterprises - Joint Venture, Kodiak Enterprises, and Custom Landscape Maintenance, with terms of agreements to begin March 11, 1992, and end March 16, 1993, with option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council T-3 Page 473 474 Tuesday, March 17, 1992 M&C P-5533 re There was presented Mayor and Council Communication No. P-5533 from the City Manager purchase agreement stating that the City Council authorized a one-year purchase agreement with three one-year with 3M Company renewal options to provide reflective sheeting materials for the Transportation and Public Works Department; that the first renewal option was authorized on October 31, 1989 and the second renewal option was authorized on November 20, 1990; that this is the third and final renewal option, however, due to past price increases and known future prices increases, the firm prices bid can only be honored by the manufacture through July 31, 1992; that the estimated expenditure for this agreement is $120,000.00; that the Director of Fiscal Services certifies that funds required for this anticipated expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize renewal of purchase agreement with 3M Company to provide reflective sheeting for the Transportation and Public Works Department, as follows: Type 1 Class I & II - Reflective Sheeting White, Yellow, Red, Blue, Green, Brown and Orange at .0052 Per Inch Type II Class I & II - Pressure Sensitive Silver and Yellow at .0225 Per Inch Red, Blue and Green at .0246 Per Inch Orange at .0236 Per Inch Unspecified Items at Catalogue Price List, and It was also recommended that the term of the agreement will be effective from December 20, 1991, to August 1, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5534 re purchase agreement There was presented Mayor and Council Communication No. P-5534 from the City Manager with Airrigation submitting a quotation received for a purchase agreement for foaming fumigant sanaform for Engineering the Water Department; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that the sole source purchase agreement for foaming fumigant sanaform be authorized with Airrigation Engineering on quotation of unit prices of $51.00 per gallon for zero to 1,500 gallons, $50.00 per gallon for 1,501 to 1999 gallons, and $49.00 for 2,000 gallons, with term of agreement to begin March 4, 1992, and end March 3, 1993. It was the consensus of the City Council that the recommendations be adopted. M&C P-5535 re There was presented Mayor and Council Communication No. P-5535 from the City Manager purchase from Atlas submitting a tabulation of bids received for the purchase of badger meter parts for the Utility Supply Compan Water Department; stating that the Director of Fiscal Services certifies that funds required for this purchase are available in the Water and Sewer Operating Fund; and recommending that the purchase be made from Atlas Utility Supply Company on its low bid of $12,273.12 less ten percent 30 days discount for an adjusted bid of $11,045.81 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5536 re There was presented Mayor and Council Communication No. P-5536 from the City Manager purchase from recommending that the City Council confirm the award of an order in the amount of $6,100.00 Robbins and Meyers, to Robbins and Meyers, Inc., c/o J.R. Shelton Company for emergency repairs to one mono Inc., c/o J.R. progressive pump for the Water Department, with funds available in the current operating Shelton Company budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the award of an order in the amount of $6,100.00 to Robbins and Meyers, Inc., c/o J.R. Shelton Company, be approved, confirmed, and ratified. M&C P-5537 re There was presented Mayor and Council Communication No. P-5537 from the City Manager purchase from submitting a quotation received for the purchase of 2-1/2 inch and 3 -inch hydraulic pumps Commercial Body for the Water Department; stating that the Director of Fiscal Services certifies that funds Corporation required for this expenditure are available in the current operating budget of the Water and Sewer Operating Fund; and recommending that the purchase be made from Commercial Body Corporation on its quotation of $6,660.73 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-10865 re There was presented Mayor and Council Communication No. L-10865 from the City Manager, Lake Worth Leasehold as follows: Improvements Phase II SUBJECT: ACQUISITION OF LAKE WORTH LEASEHOLD IMPROVEMENTS - PHASE II RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing the Water and Sewer Operating Fund appropriation by $65,497.16 and decreasing the Unrestricted, Undesignated, Retained Earnings of the Water and Wastewater Operating Fund by the same amount, and 2. Authorize the City Manager to acquire the leasehold improvements located on Lot 2, Block 28, Lake Worth Lease Survey, in the amount of $60,071 from Jack R. Brown and Sandy Marcuse, and 3. Approve the cost for closing on the purchase of improvements located on the following Lake Worth leases: a. Lot 10, Block 28, Lake Worth Leases $1,031.21 Safeco Title Company Minutes of City Council T-3 Page 474 475 Tuesday, March 17, 1992 L-10865 cont. b. Lot 3, Block 28, Lake Worth Leases $1,163.48 Southwest Land Title Company c. Lot 4, Block 22 $ 940.55 Rattikin Title Company d. Lot 7-R, Block 28, Lake Worth Leases $1,112.32 Lawyers American Title Company e. Lot 12-R, Block 28, Lake Worth Leases $1,178.60 Common Wealth Title Company nTCf IICCTnm- On March 4, 1981, M&C G-4890, the City Council approved the Lake Worth Land Use and Management Plan as prepared by Carter & Burgess, Inc. The leases in Phase II of this plan expired January 31, 1992. This lease is in that phase. The checks will be made payable to designated title companies. This property was appraised by Paul Ondo, MAI. This property is located in DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the supplemental appropriations ordinance, funds required for this expenditure will be available in the operating budget of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10865, be adopted. Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Puente. The motion, carrying with it the adoption 11of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Members Meadows and Chappell The ordinance, as adopted, is as follows: Ordinance No. 11056 II ORDINANCE NO. 11056 AN ORDINANCE APPROPRIATING $65,497.16 TO THE WATER AND WASTEWATER OPERATING FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF ACQUIRING THE LEASEHOLD IMPROVEMENTS ON A LAKE WORTH LEASE AND PAYING THE CLOSING COST ON FIVE OTHER LAKE WORTH LEASES; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. required for Irion Street drainage easement, for a total consideration of $37.20, and Minutes of City Council T-3 Page 475 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C L-10866 re There was presented Mayor and Council Communication No. L-10866 from the City Manager leasing of Lot 7R, recommending that the City Council approve the leasing of Lot 7R, Block 28, Lake Worth Lease Block 28, Lake Worth Survey, including improvements to Jack Sowards; authorize lease for a period of six months Lease Survey beginning April 1, 1992, and ending September 30, 1992, with a 30 -day cancellation clause; and authorize lease for a monthly rental of $300.00 per month. -It was the consensus of the City Council that the recommendations be adopted. M&C L-10867 re There was presented Mayor and Council Communication No. L-10867 from the City Manager temporary access stating that, in order to construct the new hospital facility on the Federal Correctional easement to United Institution site off Campus Drive, the Department of Justice needs to extend an existing States of America park road in Rolling Hills Park; that the Department of Justice will maintain the property and return it to its former condition when construction is complete; and recommending that the City Council approve the granting of a temporary access easement to the United States of America for $10.00 for .8366 acres of land contained in Rolling Hills Park. It was the consensus of the City Council that the recommendation be adopted. M&C L-10868 re There was presented Mayor and Council Communication No. L-10868 from the City Manager acquisition of ease- recommending that the City Council authorized the acquisition of temporary easement ment described as a portion of Lot R-2, Block 31, Diamond Hill Addition (2652 Moore Avenue) required for Irion Street drainage easement, for a total consideration of $37.20, and Minutes of City Council T-3 Page 475 =`J Tuesday, March 17, 1992 M&C L-10868 cont. authorize acceptance of the appropriate easement. It was the consensus of the City Council that the recommendations be adopted. M&C L-10869 re There was presented Mayor and Council Communication No. L-10869 from the City Manager acceptance and record stating that the Amon Carter Foundation has offered a four acre parcel adjacent to Glenwood ing of gift deed Park to the City; that the parcel is described as Tract 1 of the L. Moore Survey, Abstract 930; that it is in the park's east boundary; and recommending that the City Council authorize the acceptance and recording of a gift deed from Amon Carter Foundation for four acres in the L. Moore Survey as an extension for Glenwood Park. On motion of Mayor Pro tempore Webber, seconded by Council Member Puente, the recommendation was adopted. M&C C-13275 re There was presented Mayor and Council Communication No. C-13275 from the City Manager, lease agreement as follows: with Mr. Ken McLaugh- lin dba Aviation Soft SUBJECT: NEW LEASE - KEN MCLAUGHLIN D/B/A/ AVIATION SOFTWARE ware RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an office lease agreement with Mr. Ken McLaughlin d/b/a/ Aviation Software for first floor office space in the Fort Worth Meacham Airport terminal building. DISCUSSION: Mr. Ken McLaughlin, doing business as Aviation Software, will sell and market aviation software products to general aviation users including flight schools and manufacturers. The lease is for 537 square feet of first floor, carpeted office space at the standard, annual (12 month) rate of $11.20 per square foot. This rate is in accordance with the Schedule of Fees and Charges approved by City Council. The lease agreement will be for an initial period of nineteen (19) months beginning March 1, 1992, and ending September 30, 1993, with successive one year options to renew on terms prescribed by the City. The uneven initial period is to allow the agreement to be renewed on a period consistent with the City's fiscal year. The amount of revenue generated during the initial nineteen month period is $9,522.80 or $501.20 per month calculated as follows: 537 sf x $11.20/sf x 19 mos = $9,522.80 12 mos. Because Mr. McLaughlin does not wish to lease one room of the space available to him in the particular location he desires, the City will be required to close off that room leaving it without access to the public corridor. However, should another prospective tenant desire to lease that room, Mr. McLaughlin will be required to pay the cost of having a door exiting to the public corridor installed of the type consistent with other doors in the immediate area. Mr McLaughlin will have the option to utilize the contractor of his choice to construct the door provided that the construction is in accordance with the City's specifications. All other terms and conditions of a standard office lease agreement will apply. FISCAL INFORMATION/CERTIFICATION: The Administrative Section of the Aviation Department is responsible for the collection of funds due the City under this agreement. M&C C-13275 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13275, be adopted. M&C C-13276 re There was presented Mayor and Council Communication No. C-13276 from the City Manager cont. for one week stating that, at the December 1991 City Council workshop, (I.R. 7568) was presented and Council agreed to pursue a multi -faceted assessment of citizens' satisfaction with City services; that five elements were identified in the strategy to accomplish an assessment involving a telephone survey, focus groups, district meetings, town hall meetings, and newspaper balloting; that it was explained to the Council that all aspects of this strategy could be managed by City staff and citizen volunteers except the telephone survey and the focus group discussions which require special expertise to obtain valid information; that Council agreed that a request for proposal be developed and distributed to local universities and other for-profit companies that possess the capability to perform this task; that it has been determined that the proposal which meets all the criteria outlined in the RFP was submitted by the University of North Texas; that, based on the University's proposal, staff believes this entity has the expertise to perform a comprehensive telephone survey that will provide an objective analysis of the findings to complement the other components of this assessment; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Manager be authorized to execute a contract with the North Texas Research Institute of the University of North Texas, for a telephone survey of Fort Worth citizens and focus group discussions to determine satisfaction with City services, for an amount not to exceed $29,400.00. Mayor Pro tempore Webber made a motion, seconded by Council Member Silcox, that consideration of Mayor and Council Communication No. C-13276 be continued for one week. Minutes of City Council T-3 Page 476 477 Tuesday, March 17, 1992 r. Joe Cameron re Mr. Joe Cameron, 4605 Applewood Road, appeared before the City Council and expressed &C C-13276 opposition to the City spending tax dollars for a comprehensive telephone survey; advised engineering agreement Council that the poll is vague and does not show what type of results are required from such with Multatech En- a survey; and advised Council that the City should not promote favored opinions at such an gineers, Inc. expense to the citizens of Fort Worth. ayor Granger re Mayor Granger advised Mr. Cameron that the survey was structured to take place after r. Cameron and citizens input at the Town Hall Meeting. &C C-13276 removal of grit, minor repairs to and coating inside the domes, resealing the domes to s. Lela Standifer re Ms. Lela Standifer, 4409 Wedgemont Circle South, appeared before the City Council and &C C-13276 expressed opposition -to the. spending of $29,000.00 for a comprehensive telephone survey. r. Win Colbert re Director of Fiscal Services certifies that funds required for this agreement are available &C C-13276 Mr. Win Colbert, 5600 Whitehill Road, appeared before the City Council and requested that the City Council give favorable consideration for a comprehensive telephone survey to be conducted by North Texas Research of University of North Texas. s. Mary Palko re the design of Energy System Improvements IV C3, increasing the total contract cost by &C C-13276 Ms. Mary Palko, 2409 Wenton Terrace West, appeared before the City Council and requested that the City Council give favorable consideration to a telephone survey of Fort Worth citizens to be conducted by North Texas Research of University of North Texas, and encouraged all citizens with concern to attend the Town Hall Meeting on Thursday, March 26, 1992, at Tarrant County Convention Center. When the motion, that consideration of Mayor and Council Communication No. C-13276 be continued for one week, was put to a vote by the Mayor, it prevailed unanimously. C-13277 re There was presented Mayor and Council Communication No. C-13277 from the City Manager roved fund transfer submitting a tabulation of bids received for street paving improvements to Gould Avenue from essments project to N.W. 30th Street to 1205 feet north; stating that the Director of Fiscal Services certifies Id Avenue that funds required for this project are available in the current capital budget, as appropriated, of the Grants Fund, and the Street Improvements Fund; and recommending that the City Council: 1. Approve a $41,042.94 fund transfer from the Streets Assessments Project to the Gould Avenue Project in the Grants Fund, and 2. Approve a $4,200.00 fund transfer, for the property owners' share from the Special Assessments Fund to the Street Improvements Fund, and 3. Approve a $98,407.35 bond fund transfer from the Inner City Streets Unspecified Project to the Gould Avenue, N.W. 30th Street to 1205 Feet North, Project in the Street Improvements Fund, and 4. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $136,809.80 with twenty-seven (27) working days for street paving improvements to Gould Avenue from N.W. 30th Street to 1205 Feet North. M&C C-13277 adopted 11 It was the consensus of the City Council that the recommendations be adopted. M&C C-13278 re There was presented Mayor and Council Communication No. C-13278 from the City Manager amendment to stating that the City Council authorized execution of an engineering agreement with engineering agreement Multatech Engineers, Inc., on August 6, 1991, by Mayor and Council Communication No. C-12999 with Multatech En- for preparation of plans and specifications for the energy system improvements, IV C3 at the gineers, Inc. Village Creek Wastewater Treatment Plant; that Amendment No. 1 included design of a temporary digester heating system to assure proper. treatment of the sludge prior to land application; that Amendment No. 2 includes design of improvements to ten digesters including removal of grit, minor repairs to and coating inside the domes, resealing the domes to prevent gas leaks and improvements to the mixing and recirculation systems; that this work is necessary to reduce grit accumulation and improve the digestion process; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the Commercial Paper Sewer Fund; and recommending that the City Manager be authorized to execute Amendment No. 2 to the engineering agreement with Multatech Engineers, Inc., City Secretary Contract No. 18680, for the design of Energy System Improvements IV C3, increasing the total contract cost by $84,953.00. It was the consensus of the City Council that the recommendation be adopted. M&C C 13279 re There was presented Mayor and Council Communication No. C-13279 from the City Manager amendment to engineer- stating that, during construction of the - Odor Control, Category B improvements, the ing agreement with contractor required an additional 543 days to complete the Project; that the engineer Alan Plummer and assisted the City during construction by reviewing submittals and resolving technical Associates, Inc. issues; that, in addition to the technical services rendered at meetings and submittal review during the extended construction time, -the consultant served as an expert witness on behalf of the City during a patent infringement lawsuit between the supplier and a patent holder; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current capital budget, as appropriated, of the Sewer Capital Improvement Fund; and recommending that the City Council authorize a bond fund transfer in the amount of $44,065.00 from Sewer Capital Improvement Fund, Unspecified to Sewer Capital Improvement Fund, Odor Control Facilities, Category B; and authorize the City Manager to execute Amendment No. 4 to the engineering agreement with Alan Plummer and Associates, Inc., City Secretary Contract. No. 13336 for the design of temporary and permanent odor control improvements at the Village Creek Wastewater Treatment Plant, increasing the total contract amount by $44,064.48 to $827,934.48. It was the consensus of the City Council that the recommendations be adopted. &C C-13280 re There was presented Mayor and Council Communication No. C-13280 from the City Manager, ubmission to U.S. as follows: epartment of Housing nd Urban Development Minutes of City Council T-3 Page 477 Tuesday, March 17, 1992 cont. jj SUBJECT: RECOMMENDED ALLOCATION AND USE OF HOME FUNDS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1) Submit the City of Fort Worth's Fiscal Year 1992 HOME application, in the amount of $2,507,000, to the U.S. Department of Housing and Urban Development (HUD), and 2) Accept the funds and any additional funds that may become available and execute a contract with the U.S. Department of Housing and Urban Development, and 3) Certify that the activities to be funded with HOME funds are consistent with the City of Fort Worth's Comprehensive Housing Affordability Strategy (adopted by City Council on November 12, 1991, and approved by HUD effective January 13, 1992), and 4) Authorize the Accounting Division of the Finance Department, subject to funding approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth's financial accounting system upon receipt of an executed contract. DTSMISSTON- With the passage of the Cranston -Gonzalez 1990 National Affordable Housing Act the HOME Program was created. The two basic purposes of the program are to: 1) expand the supply of decent, safe and sanitary housing for low-income households; and 2) promote the development of partnerships among local governments, private industry and non-profit organizations. A. Eligible Activities: Funding through the HOME Program may be used for the following types of activities: 1) Moderate Rehabilitation - the rehabilitation of owner or rental units at a cost of less than $25,000 per unit. 2) Substantial Rehabilitation - the rehabilitation of owner or rental units at a cost of greater than $25,000 per unit. 3) Acquisition with Rehabilitation - assistance with the purchase and rehabilitation of units for first-time homebuyers and the purchase and rehabilitation of units for renters. 4) Acquisition - assistance with the purchase of a home by a first-time homebuyer or rental units by a private for profit or non-profit developer. 5) Rental Assistance - the payment of a portion of a lower income family's rent in a privately -owned rental unit. 6) New construction - homeowner and rental. New Construction - Using such factors as vacancy rates, number of substandard units, fair market rents, growth rate, etc. HUD has designated certain cities as eligible to use a portion of their HOME funds for new construction. Based on these factors, the City of Fort Worth was not designated for new construction in Fiscal Year 1992. B. Recommended Allocation and Use of HOME Funds: Outlined below is a breakdown of the recommended allocation of HOME funds. Attached are the recommended uses for the respective allocations of funds. 1. Community Housing Development Corporations - $376,070 In Fiscal Year 1992 the City will be allocated $2,507,000 in HOME funds. By statutory provision, 15% of the $2,507,000 ($376,070) must be suballocated to local Community Housing Development Organizations (CHDO). A CHDO is defined as a non-profit organization (as defined in Section 501C of the Internal Revenue Code). 1) Has among its purposes the provision of housing to lower income families; 2) Maintains accountability to low-income community residents through one-third of the board's membership being low-income or residents of low-income neighborhoods or elected representatives of low-income neighborhood organizations; 3) Has a formal process to receive input from low-income program beneficiaries about decisions regarding the provision of housing; 4) Has a demonstrated capacity through existing or hired staff/and or technical assistance from an experienced consultant; 11 Minutes of City Council T-3 Page 478 M&C C-13280 cont. Tuesday, March 17, 1992 5) Has served the community for a period of at least one year. The Tarrant County Housing Partnership has been assisting the local CHDO in the areas of capacity building and project/program designs. The recommended uses for the CHDO allocation were made by the Tarrant County Housing Partnership. 2. Tarrant County Housing Partnership - $399,000 The $399,000 represents a portion of the $2.5 million committed to the Partnership by the City Council. 3. City of Fort Worth - $1,731,930 The City's allocation will be utilized to implement "in-house" housing programs which address a variety of identified needs. C. Proposed Budget: CHDO - $ 376,070 (15%) Tarrant County Housing Partnership - $ 399,000 City of Fort Worth - $1,731,930 TOTAL - $2,507,000 No matching funds are required for Fiscal Year 1992. Indirect costs do not apply since there are no personnel costs involved. The deadline for submission of the Program Description is March 20, 1992. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon approval of this application by the U.S. Department of Housing and Urban Development, sufficient funds for HOME activities will be available in Grant Fund GR76. 5101 M&C C-13280 adoptedII It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-13280, be adopted. M&C C-13281 re There was presented Mayor and Council Communication No. C-13281 from the City Manager lease agreement with stating that the Friends of Marine Schoolhouse, Inc., have approached the City to request Friends of Marine a lease for a portion of Circle Park to relocate the Marine Schoolhouse which must be moved Schoolhouse, Inc. from its current location on Commerce Street; that theleasewould be for 15 years at $1.00 per year and the Friends will assume all operations and maintenance responsibilities for the schoolhouse and the lease area; that the approval of this lease has been recommended by the Park and Recreation Advisory Board, the Northside Neighborhood Association, the North Fort Worth Historical Society, the Historic Preservation Council for Tarrant County, Texas and the Tarrant County Historical Commission; and recommending that the City Council approve the execution of a lease agreement with Friends of Marine Schoolhouse, Inc., for 7,800 square feet in Circle Park for a term of 15 years at $1.00 per year. Council member Puente Council Member Puente advised City Council that he would be abstaining from voting on re M&C C-13281 Mayor and Council Communication No. C-13281. abstaining from voting Mayor Pro tempore Webber made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. C-13281 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Matson, McCray, and Woods NOES: None ABSENT: Council Members Meadows and Chappell NOT VOTING: Council Member Puente Council Member Puente Council Member Puente announced that the Non -Owner Occupied Housing Improvement Non -Owner Occupied Committee will be meeting on Thursday, March 19, 1992, at 1:30 p.m. in the Transportation Housing Improvement and Public Works Conference Room. Committee meeting M&C FP -2933 re There was presented Mayor and Council Communication No. FP -2933 from the City Manager final payment to recommending .that the City Council accept as complete the contract with Hall -Albert Hall -Albert Construc- Construction Company for the M-42, L-527, and M -383A Sewer Rehabilitation and authorize tion Company final payment in the amount of $27,691.48 to Hall -Albert Construction Company bringing the final project cost to $150,741.50 under City Secretary Contract No. 18653, with funds available in the current capital budget, as appropriated, and the retainage account of the Commercial Paper Sewer Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2934 re There was presented Mayor and Council Communication No. FP -2934 from the City Manager final payment to recommending that the City Council accept as complete the contract with Insituform Texark, Insituform Texark, Inc., for Sludge Thickener Overflow Sewer Repairs and authorize final payment in the amount Inc. of $66,714.57 to Insituform Texark, Inc., bringing the final project cost, including $2,014.57 in change orders, to $66,714.57 under City Secretary Contract No. 18767; with funds available in the current capital budget, as appropriated, of the Sewer Capital Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council T-3 Page 479 Tuesday, March 17, 1992 M&C FP -2935 re There was presented Mayor and Council Communication No. FP -2935 from the City Manager final payment to stating that the assessment paving of Faron Street from Wellesley to Lovell has been Centerline Con- completed in accordance with contract plans, specifications, and requirements; and structors, Inc. recommending that the City Council accept as complete the assessment paving of Faron Street from Wellesley to Lovell; approve final assessment roll; authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners of Faron Street from Wellesley to Lovell; and authorize final payment of $3,462.47 to Centerline Constructors, Inc., with funds available in the retainage account of the Grants Fund and the Street Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2936 re There was presented Mayor and Council Communication No. FP -2936 from the City Manager final payment to recommending that the City Council accept as complete the Fire Station No. 2 Driveway and Tom S. Stephens, Inc. Door Modifications and authorize final payment of $4,171.82 to Tom S. Stephens, Inc., with installation, such as wire funds available in the retainage account of the Public Safety Improvements Fund. It was the installed. consensus of the City Council that the recommendations be adopted. M&C FP -2937 re There was presented Mayor and Council Communication No. FP -2937 from the City Manager final payment to stating that sidewalk improvements (east side only) to Woodway Drive from Madrid to Misty Douglas Concrete Meadows has been completed in accordance with contract plans, specifications, and Company requirements; and recommending that the City Council accept as complete sidewalk or services improvements (east side only) to Woodway Drive from Madrid to Misty Meadows and authorize final payment of $162.55 to Douglas Concrete Company, with funds available in the retainage design changes during the account of the New Development Bond Fund. It was the consensus of the City Council that the the project recommendations be adopted. M&C FP -2938 re There was presented Mayor and Council Communication No. FP -2938 from the City Manager, final payment to as follows: Continental Guaranty and Credit Corpora- SUBJECT: FINAL PAYMENT AND CHANGE ORDER NO. 2 FOR FURNISHING AND INSTALLING tion A TRAFFIC CONTROL SYSTEM RECOMMENDATION: BID It is recommended that the City Council: 1. Accept, as complete, the furnishing and installation of a computerized UNIT traffic control system, and 2. Approve Change Order No. 2 for the Traffic Control System to reduce the contract by $113,777.77 and extend the contract time by 1229 days. 3. Authorize final payment of $292,920.51 to Continental Guaranty and Credit Corporation, and 4. Authorize the City Manager to execute a release of Continental Guaranty and Credit Corporation, also known as Fireman's Insurance Company of Newark, New Jersey. nTSC11SSTnN City Secretary Contract No. 15253 was awarded on August 26, 1986 in the amount of $3,094,984.07. The final contract price including Change Order No. 1 and the proposed Change Order No. 2 will be $3,056,235.30. Final payment due is $292,920.51. All of the equipment supplied by the contractor has been accepted. The consultant who was contracted to design and implement a traffic control system was assigned the following tasks. Develop the system construction plans and specifications, inspect the installation by the contractor, develop software and install signal timing. With the construction concluded, the next phase for the consultant will be the software development and signal timing installation. Proposed Change Order No. 2 is required for the items listed below and in the following groups. Minutes of City Council T-3 Page 480 Group A items are quantity resolutions that were determined after installation, such as wire lengths actually installed. Group B. items obtained for spare equipment.: Group C items pertains to equipment or services that were revised due to design changes during the course of the project or will be provided outside of this contract. GROUP A BID - UNIT ITEM DESCRIPTION QUANTITY PRICE TOTAL 522F FURNISH 12 -PAIR CABLE 9964 0.31 3,088.84 5221 INSTALL 12 -PAIR CABLE 4336 0.70 3,035.20 5231 INSTALL 25 -PAIR CABLE -3424 1.08 (3,697.92) 5241 INSTALL 50 -PAIR CABLE -6157: 1.52 (9,358.64) 525 RETAIN SPARE CABLE UP TO BID QTY 1 295.59 295.59 530 CONDUIT BREAK-IN & RESTORATION 2 3,078.00 6,156.00 705 INSTALL FLASHER PANEL -1 205.00 (205.00) 8051 INSTALL TYPE 2 LOOP -16 268.38 (4,294.08) 8101 INSTALL LOOP LEAD-IN CABLE IN COND. -8771 0.57 (4,999.47) 811 F. & I. LOOP LEAD-IN CABLE, LASH -196, 2.62 (513.52) 13501 INSTALL CCTV TRUNK CABLE -1492 0.87 (1,298.04) Minutes of City Council T-3 Page 480 Tuesday, March 17, 1992 GROUP B BID 1401 2 IN. PVC IN EARTH -738 10.00 (7,380.00) M&C FP -2938 cont. 1402 2 IN. PVC IN SIDEWALK 403 29.47 11,876.41 8 1403 2 IN. PVC IN STREET -1371 16.84 (23,087.64) 925.50 1404 2 IN.,PVC INTO EXISTING BASE -3 170.00 (510.00) 2,000.00 1406 2 IN. PVC IN BRICK SIDEWALK -31 74.75 (2,317.35) 1411 2 IN. RIGID IN EARTH 59 17.90 1,056.10 1412 2 IN. RIGID IN CONC./ASPH. SIDEWALK 45 35.79 19610.55 1420 WIREWAY 7 220.00 1,540.00 1421 1 IN. RIGID IN BUILDING -633 5.10 (3,228.30) 1422 0.75 IN. RIGID IN BUILDING 77 4.27 328.79 1423 1 IN. RIGID IN SIDEWALK/STREET 92 48.42 49454.64 1424 0.75 IN. RIGID IN SIDEWALK/STREET -10 49.47 (494.70) 1431 REFURBISH CABLE TERMINATION CABINET 2 409.50 819.00 1432 FURNISH & INSTALL PULL BOX, SMALL -1 258.00 (258.00) 1433 FURNISH & INSTALL PULL BOX, LARGE 1 402.00 402.00 1434 REMOVE EXISTING PULL BOX -1 267.00 (267.00) GROUP B BID Mr. Dean Knapp, 612 Blue .-ound Road, appeared before the City Council regarding the expansion of Presby- UNIT terian Night Shelter ITEM DESCRIPTION QUANTITY PRICE TOTAL 503F INSTALL VOICE FREQ CI UNIT 8 308.50 2,468.00 503M FURNISH VOICE FREQ CI UNIT 8 925.50 7,404.00 600 FURNISH CONTROLLER 2 1,000.00 2,000.00 GROUP C BID ITEM DESCRIPTION 203 SYSTEM INTEGRATION 204 MAINTENANCE CONTRACT, 2 YRS. (OPT.) 515 COMMUNICATION VALIDATION UNIT 553 FURNISH PHONE, WALL -MOUNT 555 FURNISH PHONE, PANEL -MOUNT 558 FURNISH TMC VOICE/CATV MODEM 559 FURNISH FIELD VOICE/CATV MODEM 628 INSTALL TYPE 8 CABINET 1314 FURNISH AUDIO DEMODULATOR 1331 FURNISH AM INSERTER 1801 TRAINING, PER ON-SITE HOUR 1809 OPERATIONAL SUPPORT 1902 SYSTEM MAINTENANCE TOTAL FOR PROPOSED CHANGE ORDER NO. 2 UANTITY -1 -1 -1 -1 2 -1 -5 -9 -2 -1 -112 -80 1 UNIT PRICE 1,000.00 71,268.00 5,269.00 94.00 61.00 1,750.00 1,027.00 654.00 1,800.00 320.00 60.00 100.00 10,516.67 TOTAL (1,000x) (11, 268.0)) (5,269.0)) ( 94.0)) 122.00 (1,750.07) (5,135.D) (5,886.0)) (3,600.0)) (320.00) (6,720.07) (8,000.0)) 10,516.67 113,777.77 Proposed Change Order No. 2 also extends the contract duration from 515 days to 1744 days. The duration extension is due largely to the parent company of the contractor filing for bankruptcy in March 1988, subsequently the reorganized company also filed bankruptcy in September 1989. The City made demand upon the bonding company, Continental Guaranty and Credit Corp., to complete the contract. Continental hired another contractor to complete the contract. EFFECT OF CHANGE ORDER NO. 1: Original Contract Amount and Duration with Change Order No. 1: $3,170.013.07 515 Days Proposed Change Order No. 2: - 113,777.77 1229 Days Total Contract Amount: 3,056,235.30 17 Days Approval of Change Order No. 2 decreases the contract amount to $3,056,235.30 or a 1.3% decrease from the original contract amount. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds for this final payment are available in the current capital budget, as appropriated, of the Bond Fund. M&C FP -2938 adoptedII It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. FP -2938, be adopted. Mr. Dean Knapp re Mr. Dean Knapp, 612 Blue .-ound Road, appeared before the City Council regarding the expansion of Presby- expansion of the Presbyterian Night Shelter and inquired whether or not the City of Fort terian Night Shelter Worth has any plans on helping WITH THE expansion and was advised by Mayor Granger, at this time, the City does not have any involvement in this project. Mr. Knapp also expressed concerns and requested that the City Council extend the City transportation lines the entire length of Jacksboro Highway out to Azle which would bring revenue into the City of Fort Worth in the amount of $30,000.00. Mayor Granger re Mayor Granger advised Mr. Knapp that there is a procedure in place to get the City Mr. Knapp transportation lines extended and directed Mr. Knapp to speak with Assistant City Manager Mike Groomer. Ms. Marjorie Crenshaw Ms. Marjorie Crenshaw, 1500 New York Avenue, appeared before the City Council and re-.,Community:Cable spoke in favor of privatization of the Community Cable Access Channels and advised Council Access Channels that this would provide hands-on training for the youth, as well as community access. Ms. Lela Standifer re Ms. Lela Standifer, 4404 Wedgemont Circle South, appeared before the City Council, one percent sales tax regarding the one percent sales tax on utilities and requested a list from the City Council describing what areas would be involved and suggested that the public should also be given information showing how the one percent increase will benefit the City. Minutes of City Council T-3 Page 481 WA Mayor Granger re Ms. Standifer Ms. Standifer re repositioning of Randol mill Road Council Member Matson re Ms. Standifer Ms. Standifer re proposed change in location of the Trans- portation Center Mayor Granger re �Mr. Alfred "Chip" Diano birthday Mr. Alfred Lawrence Daino, III re enactment of the American Disabilities Act Mayor Granger re Mr. Diano Mr. Thomas Davila re proposal for privati- zation of Fort Worth Access Channels Mayor Granger re Mr. Davila Met in closed or executive session (Reconvened into regul session Adopted motion appointing Ms. Alice Church as City Secretary JAdjourned Tuesday, March 17, 1992 Mayor Granger advised Ms. Standifer that the list, as well as a copy of the informal report will be provided to her. Ms. Standifer, Chairman of the Tarrant County Historical Committee, appeared before the City Council regarding the project of the repositioning of Randol Mill Road off of East First Street and advised Council that the bridge constructed in the 1930's, should be left in place as a historical landmark and that it would be advantageous to the City to leave the bridge there. Council Member Matson advised Ms. Standifer.that the Steams and Valleys Committee has informed him some months ago that a bicycle trail and walking path would be provided in the realignment plan for Randol Mill Road., Ms. Standifer also brought to the City Council's attention the proposed change in location of the Transportation Center and suggested that the City Council leave the Transportation Center at its present location. Mayor Granger extended to Mr. Alfred "Chip" Diano congratulations on the celebration of his birthday. Mr. Alfred Lawrence Diano, III, Goodwill Ambassador of the City of Fort Worth, 6007 Westridge Lane, appeared before the City Council regarding the enactment of the American Disabilities Act and presented a pamphlet to the City Council regarding Texas Mental Health Consumers. Mayor Granger advised Mr. Diano that he should also make his presentation at the Town Hall Meeting in order to make his concerns known regarding the American Disabilities Act. Mr.. Thomas Davila, Chairman of the Citizens' Cable TV Board, appeared before the City Council and presented the board's findings and recommendations in response to a proposal for privatization of Fort Worth Access Channels presented to the Citizens' Cable TV Board at the meeting of January 7, 1992. Mayor Granger advised Mr. Davila that the City Council will give the proposal careful consideration. n\ It�_was the consensus of the City Council that the City Council met in closed or executive session to discuss the.appointment of a City Secretary, as authorized by Section 2(g), Article 6252-17,-V.A.C.S. and to seek the advice of its attorneys concerning the pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Fort Worth Club and Tavern Owners Association et al v. City of Fort Worth, Cause No. 48-132075-90; b) W.K.C. Inc., v. Board of Adjustment of the City of Fort Worth and City of Fort Worth, Cause No. 141-140307-92; C) Regulations concerning bars; as authorized by Section 2(e), Article 6252-17, V.A.C.S. The City Council reconvened into regular session with seven members present; and Council Members Bill Meadows and David Chappell absent. Council Member Woods made a motion, seconded by Council Member Matson, that Ms. Alice Church be appointed as City Secretary for the City of Fort Worth. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Puente, Silcox, Matson, and Woods NOES: Mayor Pro tempore Webber and Council Member McCray ABSENT: Council Members Meadows and Chappell There being no further business, the meeting was adjourned. L(� ASS F A T CITY SECRETARY Minutes of City Council T-3 Page 482