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HomeMy WebLinkAbout1992/05/12-Minutes-City Council109 CITY COUNCIL MEETING MAY 12, 1992 Council Met On the 12th day of May, A.D., 1992, at 10:00 a.m., the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members Present Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; Acting City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by The Reverend Paul Geisler, Grace Lutheran Church. Pledge of Allegiance The Pledge of Allegiance was recited. Minutes of May 5, 1992 On motion of Council Member Woods, seconded by Council Member Chappell, the approved minutes of the meeting of May 5, 1992, were approved. Presentations made Chief H. L. McMillen made presentations to the individuals involved in the rescue by Chief H. L. Mc- of the Warren children from the Trinity River on February 6, 1992. Millen Proclamation - A proclamation for National Nurses Week 1992 was presented to Ms. Susan National Nurses Week Sportsman. Proclamation - A proclamation for Preservation Week was presented to Mr. Tom Reynolds, Chairman, Preservation Week Historic and Cultural Landmark Commission. tion of GD Withdrew M&C No. Council Member Chappell requested that Mayor and Council Communication L-10942 No. L-10942 be withdrawn from the consent agenda. Liability Bonds Withdrew M&C No. Council Member Meadows requested that Mayor and Council Communication No. G-9646 G-9646 be withdrawn from the consent agenda. M&C OCS-424 re Withdrew M&C Nos. Council'Member Silcox requested that Mayor and Council Communication Nos. P-5663 P-5663 and G-9648 and G-9648 be withdrawn from the consent agenda. Granger Withdrew M&C Nos. Acting City Manager Terrell requested that Mayor and Council Communication Nos. P-5656 and C-13365 P-5656 and C-13365 be withdrawn from the consent agenda and advised Council that there and an amendment to was an amendment to be made to the attachment of Mayor and Council Communication M&C No. G-9646 No. G-9646. Withdrew from agenda Acting, City Manager Terrell requested that Mayor and Council Communication M&C No. P-5656 No. P-5656 be withdrawn from the agenda and that Mayor and Council Communication Nos. and M&C Nos. C-13365, C-13365, C-13366, C-13367, and P-5627 be continued for one week. C-13366, C-13367, and P-5627 be cont. for On motion of Council Member Chappell, seconded by Council Member Puente, the one week consent agenda, as amended, was approved. Consent agenda approved Council Member Chappell nominated Mr. John Hernandez to serve on the Ambulance Nominated Mr. John Authority and made a motion, seconded by Mayor Pro tempore Webber, that Mr. John Hernandez to the Hernandez be appointed to the Ambulance Authority, replacing Mr. Bert C. Williams for a Ambulance Authority term of office to begin April 1, 1992, and end April 1, 1995. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Puente Council Member Puente recognized the economic contribution of General Dynamics to re economic contribu- the City of Fort Worth and advised citizens that the plant is celebrating it's 50th tion of GD year anniversary and stated that there would be an Open House on Saturday, May 16, date for benefit 1992, from 8:00 a.m. until 6:00 p.m. M&C OCS-423 re There was presented Mayor and Council Communication No. OCS-423 from the Office Liability Bonds of the City Secretary recommending that the City Council authorize the acceptance of a hearing Parkway Contractor's Bond issued to Travis Trotter by Western Surety Insurance Company. Terrell Street from It was the consensus of the City Council that the recommendation be adopted. M&C OCS-424 re There was presented Mayor and Council Communication No. OCS-424 from the Office Claims of the City Secretary recommending that the City Council refer notices of claims City of Fort Worth, regarding alleged damages and/or injuries to the Risk Management Department. It was Granger the consensus of the City Council that the recommendation be adopted. M&C OCS-425 re There was presented Mayor and Council Communication No. OCS-425 from the Office Correspondence from of the City Secretary recommending that correspondence from Mr. and Mrs. Fred Dueser be Mr. & Mrs. Fred Dueser referred to the Office of the City Manager. It was the consensus of the City Council that the recommendation be adopted. Benefit Hearing It appearing to the City Council that on April 7, 1992, they set today as the BH -0093 date for benefit hearing in connection with the assessment paving of East Terrell assessment of East Street from UP Railroad to Exeter Street and that notice of the hearing had been given Terrell Street from by publication in the Fort Worth Commercial Recorder, the official newspaper of the UP Railroad to Exeter City of Fort Worth, Texas, on April 15, 16, and 17, 1992, Mayor Granger asked if there Street I was anyone present desiring to be heard. Mrs. Martha Lunday re Mrs. Martha Lunday, representing the Department of Transportation and Public BH -0093 Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiated that, as a result of the proposed construction, each case of the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement; that the Minutes of City Council U-3 Page 109 110 Tuesday, mAY 12, 1992 Mrs. Martha Lunday's independent appraisal report had been submitted to the City Council; that Mr. Robert statement cont. Martin was available for questioning; and called attention of the City Council to Mayor BH -0093 11 and Council Communication No. BH -0093, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST TERRELL STREET FROM UP RAILROAD TO EXETER STREET (PROJECT NO. 67- 040145) RECOMMENDATION: It was recommended that the City Council adopt an ordinance that: 1. Closed the benefit hearing, and 2. Levied the assessments as proposed, and 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of East Terrell Street from UP Railroad to Exeter Street. There being no one present desiring to be heard in connection with the assessment paving of East Terrell Street from UP Railroad to Exeter Street, Mayor Pro tempore Webber made a motion, seconded by Council Member McCray, that the recommendations, with the exception that Lot 1, west 52 feet of Lot 2, Edmonson Addition be granted an exemption as a result of the property being used as a Church. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Mayor Pro tempore Webber introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, was as follows: Ordinance No. 11090 ORDINANCE NO. 11090 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EAST TERRELL STREET FROM UP RAILROAD TO EXETER STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-9645 re There was presented Mayor and Council Communication No. G-9645 from the City International Arabian Manager stating that the International Arabian Horse Association Region IX Championship Horse Association Show, American Paint Horse Association World Championship Show, International Limousine Region IX Championship Conference and Junior Championship Show, and American Junior Quarter Horse Association Show World Championship Show had entered into agreement with the Public Events Department to host their Championship Shows; that each event would require stalling of up to 500 horses or cattle in the livestock barns on the south side of the 3200, 3300 and 3400 blocks of Crestline Road; that, to facilitate the safe movement of these animals to the show arenas within Will Rogers Memorial Center, the Public Events Department was requesting the closure of Crestline Road from Gendy Street to Harley Street (through Will Rogers Complex); stating that the Director of Fiscal Services certified that no funding was required for this street closure; and recommending that the City Council approve the request of Public Events Department to close Crestline Road between Gendy Street and Harley Street, as follows: International Arabian Horse Association June 16-22, 1992 Region IX Championship Show American Paint Horse Association July 2-13, 1992 World Championship Show International Limousine Conference and July 13-19, 1992 Junior Championship Show American Junior Quarter Horse Association August 5-16, 1992 World Championship Show M&C G-9645 adopted It was the consensus of the City Council that the recommendation be adopted. M&C G-9646 re There was presented Mayor and Council Communication No. G-9646 from the City employment of Kelly, Manager stating that the City Council authorized the retention of Kelly, Hart and Hart and Hallman Minutes of City Council U-3 Page 110 111 Tuesday, May 12, 1992 M&C G-9646 cont. Hallman as outside counsel on July 16, 1991, by Mayor and Council Communication No. G- 9219 to assist the City Attorney on an interim basis in the preparation and presentation of the City's interests in matters related to water and wastewater issues; that the proposed continued service would be utilized for the ongoing litigation and M&C G-9647 adopted rate case with the City of Arlington; that it was estimated that the representation M&C G-9648 re would cost approximately $100,000.00 through the end of this fiscal year; and Imagination Celebra- recommended that the City Manager be authorized to continue employment of Kelly, Hart tion and Hallman, Attorneys at Law, as outside counsel to provide special expertise and assistance in the Arlington Rate Case and litigation, in an amount not to exceed $100,000.00 and that a supplemental appropriation ordinance be adopted increasing the Water and Wastewater appropriation by $100,000.00 and decreasing the Unreserved, Undesignated Water and Wastewater Fund balance by the same amount. Acting City Manager Acting City Manager Terrell advised Council of a correction to be made to the Terrell re M&C attachment to Mayor and Council Communication No. G-9646, stating that on the sixth G-9646 line of the caption of the ordinance the word "Hall" needs to be changed to "Hallman". Council Member Council Member Meadows advised Council that he was disqualified from voting on Meadows re M&C Mayor and Council Communication No. G-9646 and filed a conflict of interest affidavit. G-9646 disqualified from voting Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that Mayor and Council Communication No. G-9646 be adopted, as amended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows Introduced an Council Member Chappell ppell introduced an ordinance and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Webber. The motion prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows The ordinance, as adopted, was as follows: Ordinance No. 11091 ORDINANCE No. 11091 AN ORDINANCE APPROPRIATING $100,000.00 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 KELLY, HART, AND HALLMAN, ATTORNEYS AT LAW, FOR THE PURPOSE OF REPRESENTATION IN THE ARLINGTON RATE CASE AND LITIGATION; 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-9647 re There was presented Mayor and Council Communication No. G-9647 from the City CDBG Innovative Manager, as follows: Housing Funds SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CLOSING COST ASSISTANCE FOR FIRST-TIME HOME BUYERS RECOMMENDATION: Minutes of City Council U-3 Page 111 It was recommended that the City Council approve an expenditure of $106,204 in CDBG Innovative Housing Funds to provide closing cost assistance for first-time, low-income homebuyers in any of the ten CDBG targeted neighborhoods in Fort Worth. M&C G-9647 adopted It was the consensus of the City Council that the recommendation be adopted. M&C G-9648 re There was presented Mayor and Council Communication No. G-9648 from the City Imagination Celebra- Manager stating that Fort Worth has been one of 12 sites in the United States to hold a tion Kennedy Center sponsored Imagination Celebration; that more than 90,000 area young people participated in this week long series of programs and performances; that Mayor and Council Communication No. G-9081, dated March 26, 1991, recommended that rental be charged to this event, increasing one-third each year for three years, to reach the total rent of $25,450.00 in the year 1994; that the 1992 recommended fee, equal to one- third of the total rental fee, was approved at a time that prevented Imagination Celebration from including a rental fee in their 1992 budget; that Imagination Celebration has requested that this fee for 1992 be waived with the understanding that they will pay two-thirds of the rent in 1993 (approximately $17,000.00) and full rent Minutes of City Council U-3 Page 111 112 M&C G-9648 cont. Mayor Pro tempore Webber re M&C G-9648 disqualified from voting Acting City Manager Terrell re M&C G-9648 M&C G-9649 re Police Department Grant Application M&C G-9649 adopted M&C G-9650 re U.S. Department of Health Department M&C G-9650 adopted M&C G-9651 re improvements to West Capps Street from Hemphill St. to St. Louis Street Tuesday, May 12, 1992 in 1994; that the Director of Fiscal Services certifies that no funding was required for the waiving of this rental agreement; and recommending that the Will Rogers Memorial Center rental fee of $8,499.15 be waived for the Imagination Celebration, February 22 - March 3, 1992. Mayor Pro tempore Webber advised the City Council that she was disqualified from voting on Mayor and Council Communication No. G-9648 because she served on the Board of Imagination Celebration. Acting City Manager Terrell advised Council that the one-third total rental fee that was recommended for Imagination Celebration was not included in its 1992 budget and that they were requesting that the fee be waived with the understanding that they will pay two-thirds of the rent in 1993 in order to maintain the established payment schedule. Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9648 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Council Members Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Webber Puente,,Silcox, Matson, McCray, There was presented Mayor and Council Communication No. G-9649 from the City Manager, as follows: SUBJECT: POLICE DEPARTMENT GRANT APPLICATIONS FOR FISCAL YEAR 1992-1993 RECOMMENDATION: It was recommended that the City Council authorize the City Manager: 1. To submit nine (9) grant applications to the North Central Texas Council of Governments, for funding consideration for fiscal year 1992-93 from the Criminal Justice Planning Funds of the Governor's Office of -Criminal Justice, and 2. To submit one (1) grant application to the Texas Commission on Alcohol and Drug Abuse for funding consideration for fiscal year 1992-93, and 3. To submit one (1) grant application to the U.S. Department of Health and Human Services for funding consideration for fiscal year 1992-93. It was the consensus of the City Council that the recommendations contained in Mayor and Council Communication No. G-9649, be adopted. There was presented Mayor and Council Communication No. G-9650 from the City Manager, as follows: SUBJECT: REQUEST FOR AUTHORITY TO SUBMIT APPLICATION TO U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR GRANT ON GANGPROOFING YOUNG CHILDREN REQUEST FOR AUTHORITY TO SUBMIT APPLICATION TO U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR GRANT ON GANGPROOFING YOUNG CHILDREN RECOMMENDATION: It was recommended that the City Council: 1. Approve a grant application by the Department of Housing and Human Services to the U.S. Department of Health and Human Services for $450,000 over a three-year period, directed towards the purpose of "Gangproofing Young Children," and 2. Authorize the City Manager to provide for a 25% in-kind match in City funding ($50,000 per year) with current gang -deterrent staff, recreation staff, and use of multi-purpose center facilities. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9650, be adopted. There was presented Mayor and Council Communication No. G-9651 from the City Manager stating that the 1986 Capital Improvement Program included funds for the improvement of West Capps Street from Hemphill Street to St. Louis Street; that the street was in the Worth Heights Target Area and previously had been constructed to City standards; that Community Development Block Grant funds would provide a portion of the construction cost; that the project was located in Council District 9; that the total estimate for the assessment was $214,500.00; and recommending that the City Council: Minutes of City Council U-3 Page 112 113 Tuesday, May 12, 1992 M&C G-9651 cont.II 1. Declare the necessity for and order the improvements to West Capps Street from Hemphill Street to St. Louis Street, and 2. Authorize the assessment of a portion of the cost of the improvements to West Capps 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 June 16, 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. M&C G-9651 adoptedII On motion of Council Member Chappell, seconded by Council Member Silcox, the recommendations were adopted. M&C G-9652 re There was presented Mayor and Council Communication No. G-9652 from the City refund of tax over- Manager stating that the Texas Property Tax Code required that a taxpayer must request payments a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further required approval by the governing body before refunding 613.25 overpayments or erroneous payments in instances where the refund exceeded $500.00; that the Revenue Collection Division of Fiscal Services had verified that erroneous payments Overpayment or overpayments were made and recommended refund, as follows:- ollows:,ACCOUNT 0420-14-50 ACCOUNTNO. LEGAL DESCRIPTION NAME AMOUNT 1991 Taxes 0015-47-25 Lot 1 Block 6 Smith,Emmet $ 790.74 1991 Taxes Bellaire Heights 0432-63-18 Lot 9 Block 8 Overpayment 4,642.04 1989 Taxes 0059-95-57 Lot Block Americity Fed Say. 924.23 1991 Taxes Ridglea Greenway Condo 0498-52-57 Lot 9B Block Taxes Paid Twice 546.27 1991 Taxes 0082-20-86 Lot 16&17 Block 10 Greenwich Capital 572.22 1991 Taxes W.B. Edwards 0498-52-65 Lot 10A Block Overpayment 546.27 1991 Taxes 0158-15-97 Lot 2A Block 1 United Fid. Life Ins. 2,599.33 1991 Taxes Lamplighter Village 0580-34-62 Lot 21 Block 4 Taxes Paid Twice 1,714.04 1991 Taxes 0179-57-40 Lot 21 Block 10 Rattikin Title Co. 1,046.93 1991 Taxes Mont Del Estates 0587-03-99 Lot 3 Block 8 Erroneous Payment 551.40 1990 Taxes 0183-86-60 Lot 10 Block 8 Boswell Farms 647.22 1991 Taxes McCart Taxes Paid Twice 0193-90-68 Lot 17 Block 9 Amwest Savings Assoc. 552.86 1991 Taxes North Meadowbrook Taxes Paid Twice 0209-87-68 Lot 18 Block 6 Source One Mtg. 632.39 1991 Taxes Overton South Taxes Paid Twice 0258-66-81 Lot 4 Block 19 Roach, Paul & Charlotte 613.25 1989 Taxes Ryan Place Overpayment 0420-14-50 Abs. 1498 Tr. 1A01 Sunbelt Fed. Savings 5,262.10 1991 Taxes Thompson, William W. Sur. Taxes Paid Twice 0432-63-18 Lot 9 Block 8 Food Maker, Inc. 4,642.04 1989 Taxes Ft. Worth Stockyards Co. Taxes Paid Twice 0498-52-57 Lot 9B Block Rall, Inc. 546.27 1991 Taxes Kelco Acres Taxes Paid Twice 0498-52-65 Lot 10A Block Rall, Inc. 546.27 1991 Taxes Kelco Acres Taxes Paid Twice 0580-34-62 Lot 21 Block 4 Southwest Land Title 1,714.04 1991 Taxes Meadows West III Taxes Paid Twice 0587-03-99 Lot 3 Block 8 Lenders Tax Serv. 551.40 1990 Taxes Countyside Overpayment Minutes of City Council U-3 Page 113 114 M&C G-9652 cont. M&C G-9652 adopted Tuesday, May 12, 1992 0603-66-00 Lot 6 Block 13R 1991 Taxes Bellaire Park North Taxes Paid Twice 0628-05-01 Lot 19 Block 46 1991 Taxes Meadow Creek #1 Taxes Paid Twice 0993-78-97 Personal Property 1991 Taxes Taxes Paid Twice Thomas, Nicki Ray 1,067.43 Greenwich Cap. Financ. 541.26 Breighton-Copper Cr. 1,016.10 TOTAL $24,266.08 On motion of Council Member Woods, seconded by Council Member Chappell, the recommendation was adopted. M&C G-9653 re There was presented Mayor and Council Communication No. G-9653 from the City amendment to Master Manager stating that the Master Thoroughfare Plan currently depicted the northern route Thoroughfare Plan for State Highway 199 that effectively bypassed the City of Lake Worth; that Fort Worth has received a request from the City of Lake Worth asking the Fort Worth City Council to amend the Master Thoroughfare Plan and endorse the central route; that, after staff analysis and a public hearing, the City Plan Commission voted unanimously to recommend the central route; that the northern route would adversely affect the tax base and economy of the City of Lake Worth, result in neighborhood displacement, and raise a legal challenge because it would involve taking a public park for a highway project; and recommending that the City Council amend the Master Thoroughfare Plan as it pertained to State Highway 199 from Azle to Downtown Fort Worth by designating the central route that goes through the City of Lake Worth as the preferred proposed alignment. On motion of Council Member Puente, seconded by Council Member Woods, the recommendation was adopted. M&C P-5627 re It was the consensus of the City Council that Mayor and Council Communication cont. for one week No. P-5627, Purchase Agreements to Provide Grounds Maintenance Service for Water Department, be continued for one week. Mr. Jeffrey Miller wire $0.68/lbs. re M&C P-5627 Mr. Jeffrey Miller, 1850 Crown Drive, representing Mallscapes, appeared before scrap metal -aluminum the City Council and requested that City Council give favorable consideration to the approval of the grounds maintenance contract with Mallscapes, Inc. Mayor Granger re $0.018/lbs. Mr. Miller Mayor Granger advised Mr. Miller that this item had been continued for one week. M&C G-5650 re $0.49/lbs. agreement with There was presented Mayor and Council Communication No. P-5650 from the City Torrance Excavation Manager submitting a tabulation of bids received for a purchase agreement to furnish M&C P-5652 adopted top soil for -the City of Fort Worth; stating that the Director of Fiscal Services certified that funds required to participate in this purchase agreement were available in the current operating budgets, as appropriated, of the eligible City.departments; the consensus of the City Council and recommending that the purchase agreement be authorized with Torrance Excavation on M&C P-5653 re its low bid of $4.00 per cubic yard, f.o.b. delivered, with term of agreement to begin May 15, 1992, and end May 14, 1993. It was the consensus of the City Council that the agreement with recommendation be adopted. M&C P-5651 re There was presented Mayor and Council Communication No. P-5651 from the City agreement with South- Manager submitting a tabulation of bids received for the annual maintenance agreement west Office Systems, for electric and electronic typewriters for various' departments; stating that the Inc. Director of Fiscal Services certified that funds required to participate in this maintenance agreement were available in the current operating budgets, as appropriated, of the eligible City departments; and recommending that the annual maintenance agreement for electric and electronic typewriters for one year with the option to renew for two years for all City departments be authorized with Southwest Office Systems, Inc., low bidder, meeting specifications of $11.00 per year each for electric typewriters and $62.00 per year each for electronic typewriters. It was the consensus of the City Council that the recommendation be adopted. M&C P-5652 re There was presented Mayor and Council Communication No. P-5652 from the City agreement with Cyclond Manager stating that an annual agreement with Cyclone Aluminum and Handling was Aluminum and Handling approved by Council on August 20, 1991, by Mayor and Council Communication No. P-5140 for pick up and purchase of scrap metal from various City departments for one year with option to renew for one additional year; that various City departments would use this agreement to dispose of scrap metals; that the Director of Fiscal Services certified that various Departments/Divisions selling scrap metal would be responsible for collection and deposit of funds due the City under this agreement; and recommending that the City Council exercise the renewal option on an annual agreement with Cyclone Aluminum and Handling to pick up and purchase City scrap metal at various city locations with term of agreement to begin June 1, 1992, and end May 31, 1993, as follows: Sales Minutes of City Council U-3 Page 114 a. scrap metal -steel $0.018/lbs. b. scrap metal -copper & copper wire $0.68/lbs. C. scrap metal -aluminum $0.40/lbs. d. scrap metal -cast iron $0.018/lbs. e. scrap metal -brass $0.49/lbs. f. scrap metal -lead $0.05/lbs. M&C P-5652 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-5653 re agreement with There was presented Mayor and Council Communication No. P-5653 from the City Barry's Camera and Manager submitting a tabulation of bids received for a purchase agreement to provide Video Commercial all types of polaroid film for all City departments; stating that the Director of Sales Minutes of City Council U-3 Page 114 115 Tuesday, May 12, 1992 M&C P-5653 cont. Fiscal Services certified that funds required to participate in this purchase agreement were available in the current operating budgets, as appropriated, of the eligible City departments; and recommending that a purchase agreement be authorized with Barry's Camera and Video Commercial Sales on its total low bid of $87,908.75 on estimated annual quantities, with term of agreement to begin April 10, 1992, and end April 9, 1993, with option to renew for one additional year. It was the consensus of the City Council that the recommendation be adopted. M&C P-5654 re There was presented Mayor and Council Communication No. P-5654 from the City agreement with Lone Manager stating that the City Council approved a one-year purchase agreement with one Star Safety Supply additional option to renew with Lone Star Safety Supply on June 18, 1991, by Mayor and Council Communication No. P-5031 for thirst quencher drink mix for the City of Fort Worth; that this product continued to be satisfactory and the vendor had agreed to maintain the quoted price; that the Director of Fiscal Services certified that funds required to participate in this purchase agreement were available in the current operating budgets, as appropriated, of the eligible City Departments; and recommending that the City Council exercise its option to renew a purchase agreement for thirst quencher Premium Brand drink mix with Lone Star Safety Supply on its bid of $0.8594 per gallon for Premium Drink Mix one gallon packets and $0.7854 per gallon for Premium Drink Mix two gallon packets, with term of agreement to begin June 11, 1992, and end June 10, 1993. It was the consensus of the City Council that the recommendation be adopted. M&C P-5655 re There was presented Mayor and Council Communication No. P-5655 from the City agreement with Manager stating that the City Council authorized a purchase agreement on May 28, 1991, Graybar Electric by Mayor and Council Communication No. P-4987 with a one-year renewal option with Company, Inc. Graybar Electric Company, Inc., to provide electrical parts for the City of Fort Worth; that the vendor had agreed to hold prices firm for an additional year; that the estimated expenditure for this agreement was approximately $40,000.00; that the Director of Fiscal Services certified that funds required for the anticipated expenditures of each department eligible to participate in this agreement were available in the current budget of the appropriate funds; and recommending that the City Council exercise its option to renew the purchase agreement with Graybar Electric Company, Inc., to provide electrical parts for the City of Fort Worth, with term of agreement to begin May 29, 1992, and end May 28, 1993. It was the consensus of the City Council that the recommendation be adopted. M&C P-5656 was with- It was the consensus of the City Council that Mayor and Council Communication drew No. P-5656, Purchase Agreement for Rental of Construction Equipment with Multiple agreement with Masters Vendors for City of Fort Worth, be withdrawn from the agenda. M&C P-5657 re There was presented Mayor and Council Communication No. P-5657 from the City agreement with Pro- Manager stating that the City Council approved Mayor and Council Communication cycle Oil Company No. P-4928, dated April 30, 1991, for an agreement with Retta Oil Company to purchase waste oil from City Services and Water Departments for a period of one year, with options to renew for two additional one-year periods; that, during the first year of the agreement, the company name was changed from Retta Oil Company to Procycle Oil Company; that the vendor had agreed to maintain the quoted price for an additional year and the Equipment Services staff had requested that the option to renew be exercised by Council; that the departments anticipated that 35,500.00 gallons of waste oil would be generated during the one-year period; that the Director of Fiscal Services certified that the administrative sections of the Water and Sewer and Equipment Services Departments would be responsible for the collection and deposit of revenues due the City under this agreement; and recommending that the City Council exercise its first renewal option on an agreement with Procycle Oil Company for the sale of waste oil by the City Services and Water Departments for $0.1025 cents per gallon, with term of agreement period to begin May 22, 1992, and end May 21, 1993, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendation be adopted. M&C P-5658 re There was presented Mayor and Council Communication No. P-5658 from the City purchase from Manager submitting a tabulation of bids received for the purchase of grounds Goldthwaites's of maintenance equipment for the City Services Department; stating that the Director of Texas, Inc. Fiscal Services certified that funds required for this purchase were available in the current operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize the purchase of one tractor: drawn sweeper assembly for the City Services Department from Goldthwaite's of Texas, Inc., on its line item low bid for an amount not to exceed $2,370.00 f.o.b. Fort Worth; authorize the purchase of one tractor drawn, aeration unit for the City Services Department from Dyna Vista Corporation on its line item low bid for an amount not to exceed $3,951.00 f.o.b. Fort Worth; and authorize the purchase of one tractor drawn blower assembly for the City Services Department from Jacobsen Turf & Commercial on its line item low bid for an .amount not to exceed $2,669.00 f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5659 re There was presented Mayor and Council Communication No. P-5659 from the City agreement with Masters Manager stating that the City Council on March 26, 1991, by Mayor and Council International, Inc. Communication No. P-4832 approved a purchase agreement with Masters International, Inc., to furnish genuine IHC/Navistar truck parts for a period of one year with options to renew for two additional one year periods; that these parts were available only through manufacturer's representatives/distributors; that the award of a one-year purchase agreement for the purchase of,these replacement. parts on an "as needed" basis reduced the required volume of parts inventory and reduced equipment downtime while still allowing a volume price reduction by estimating annual requirements; that the vendor had agreed to maintain the quoted discount and the Equipment Services staff had requested that the option to renew be exercised by Council; that the Director of Fiscal Services certified that funds required for; this agreement were available in the Equipment Services Operating Fund; and recommending that the City Council exercise its Minutes of City Council U-3 Page 115 116 Tuesday, May 12, 1992 M&C P-5659 cont. first renewal option on a purchase agreement with Masters International, Inc., for the purchase of manufacturer's genuine IHC/Navistar truck replacement parts for the City Services Department on its bid of National Fleet list price less 5.3 percent discount, with term of agreement period to begin May 16, 1992, and end May 15, 1993, with option to renew for one additional one year period. It was the consensus of the City Council that the recommendation be adopted. M&C P-5660 re purchase from Inotek There was presented Mayor and Council Communication No. P-5660 from the City Technologies Manager submitting a tabulation of bids received for the purchase of uninterruptable power supply systems for the Equipment Services Division; stating that the Director of Fiscal Services certified that funds required for this expenditure were available in the current operating budget, as appropriated, of the Equipment Services Operating Fund; and recommending that the City Council' authorize the purchase from Inotek Technologies, on its low bid, meeting specifications, of $ 685.00 each, delivered, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-5661 re There was presented Mayor and Council Communication No. P-5661 from the City construction equipment Manager submitting a tabulation of bids received for lease of construction equipment with Hertz Equipment for the Park and Recreation Department; stating that the Director of Fiscal Services and Darr Equipment certified that funds required for this anticipated expenditure were available in the Company current Operating Budget, as appropriated, of the General Fund; and recommending that the City Council confirm the lease of construction equipment for the Park and Recreation Department for the amount of $13,896.00; authorize a one-year lease of construction equipment with Hertz Equipment and Darr Equipment Company for a total monthly rate of $4,283.00, with terms of lease agreement to begin April 1, 1992, and end March 31, 1993, with two one-year renewal options. It was the consensus of the City Council that the recommendation be adopted. M&C P-5662 re agreement with G & S There was presented Mayor and Council Communication No. P-5662 from the City Company Manager submitting a tabulation of bids received for a purchase agreement to provide janitorial services for the Botanic Garden for the Park and Recreation Department; stating that the Director of Fiscal Services certified that funds required for this expenditure were available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase agreement be authorized with G & S Company on its low bid of unit prices of $1,600.00 per month and $33.00 per each additional cleaning, with term of agreement to begin April 28, 1992, and end April 27, 1993, with the option to renew annually for two years. It was the consensus of the City Council that the recommendation be adopted. M&C P-5663 re There was purchase from Carlton presented Mayor and Council Communication No. P-5663 from the City Bates Manager submitting a tabulation of bids received for the purchase of microswitches for the Transportation and Public Works Department; stating that the Director of Fiscal Services certified that funds required for this expenditure were available in the General Fund; and recommending that the purchase be made from Carlton Bates on its low bid of $5,248.00 net, f.o.b. Fort Worth. Council Member Silcox Council Member Silcox advised Council that his wife worked for Westinghouse which re M&C P-5663 . a subsidiary of Carlton -Bates Company and advised Council that he was disqualified from disqualified from voting on this item. voting Council Member Matson made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. P-5663 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Silcox M&C P-5664 re There was presented Mayor and Council Communication No. P-5664 from the City purchase from Blue- Manager submitting a tabulation of bids received for the purchase of wood traffic poles bonnet Supply for the Transportation and Public Works Department; stating that the Director of Fiscal Services certified that funds required for this expenditure were available in the General Fund; and recommending that the purchase be made from Bluebonnet Supply on its low bid of $11,802.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5665 re There was purchase from Atlas presented Mayor and Council Communication No. P-5665 from the City Utility Supply Manager submitting a tabulation of bids received for the purchase of various sizes copper tubing and branches for the Water Department; stating that the Director of Fiscal Services certified that funds required for this expenditure were available in the Water and Sewer Operating Fund; and recommending that the purchase be made from Atlas Utility Supply on its low bid of $43,222.12, less ten percent 30 day discount for an adjusted bid of $38,899.91 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-10934 re There was presented Mayor and Council Communication No. L-10934 from the City acquisition of tem- acquisconstruction Manager recommending that the City Council authorize the acquisition of temporary porary easements construction easements described as a portion of Lot 8A1A, Block 8A, Eastwood Addition (3800 Village Creek Road); find that $1.00 was just compensation for property acquired from Eastwood Village Associates, by Richard Ewin, required for reconstruction of Eastland Street; and authorize the acceptance of the appropriate easements. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council U-3 Page 116 i1 7 Tuesday, May 12, 1992 1 M&C L-10935 re There was presented'Mayor and Council Communication No. L-10935 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of way described as a portion of Lot 24, Block 2, Elmwood Addition (1610 E. Terrell Avenue); find that $180.00 was just compensation for property acquired from Willie Modester Curry, required for reconstruction of Terrell Avenue; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10936 re There was presented Mayor and Council Communication No. L-10936 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of way described as a portion of Lot 18, Block 2, Elmwood Addition (1632 Terrell Avenue); find that $180.00 was just compensation for property acquired from Marie Spikes, required for Terrell Avenue reconstruction; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10937 re There was presented Mayor and Council Communication No. L-10937 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way described as a portion of Lot 1, Block 2, Elmwood Addition (1601 E. Terrell); find that $380.00 was just compensation for property acquired from Irene Barnes, required for Terrell Avenue reconstruction; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10938 re There was presented Mayor and Council Communication No. L-10938 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way described as a portion of Lot 13, Block 2, Elmwood Addition (1649 E. Terrell Avenue; find that $180.00 was just compensation for property acquired from Helen Mitchell, required for Terrell Avenue reconstruction; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10939 re There was presented Mayor and Council Communication No. L-10939 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way described as a portion of Lot 17, Block 2, Elmwood Addition (1636 E. Terrell Avenue); find that $180.00 was just compensation for property acquired from Bernice Woods, required for Terrell Avenue reconstruction; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10940 re There was presented Mayor and Council Communication No. L-10940 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way described as a portion of Lot 22, Block 2, Elmwood Addition (1616 E. Terrell Avenue); find that $180.00 was just compensation for property acquired from Ramon P. Carrillo, required for Terrell Avenue reconstruction, and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10941 re There was presented Mayor and Council Communication No. L-10941 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way described as a portion of Lot 1 and Lot 6, both of Block 40, Englewood Heights Addition, 2nd Filing (3016 Donalee Street); find that $1,134.00 was just compensation for property acquired from Occie Lee Davis, required for Forbes Street reconstruction; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10942 re There was presented Mayor and Council Communication No. L-10942 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way and temporary described as being a portion of Lot 2, Block 1, Gateway Hills Addition, and temporary construction ease- construction easement described as being a portion of Lot 3, Block 1 (1200 block of ments Oakland Boulevard); find that $13,625.00 was just compensation for property acquired from Resolution Trust Corporation, as Receiver for Metropolitan Financial Federal. Savings Association, required for Oakland Boulevard Improvements; and authorize the acceptance and recording of the appropriate deed. Council Member Chappel Council Member Chappell advised City Council of a professional relationship with re M&C L-10942 Resolution Trust Corporation and requested permission of the City Council to abstain abstain from voting from voting on Mayor and Council Communication No. L-10942. Council Member Puente made a motion, seconded by Council Member Meadows, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. L-10942. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Matson made a motion, seconded by Council Member Puente, that the recommendation, as contained in Mayor and Council Communication No. L-10942, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, and Meadows NOES: None ABSENT: None NOT VOTING: Council Member Chappell Minutes of City Council U-3 Page 117 118 Tuesday, May 12, 1992 M&C L-10943 re There was presented Mayor and Council Communication No. L-10943 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of two water line of -way easements described as being out of Tract 5 of the J.L. Hallum Survey, Abstract No. 723 (1800 Block of Wilma and the proposed Lamar Boulevard); find that $1.00 was just compensation for property acquired from Village on the Creek Joint Venture, for Green Oaks/Wilson Lane to Lamar Boulevard Relocation Project; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10944 re There was presented Mayor and Council Communication No. L-10944 from the City acquisition of water Manager recommending that the City Council approve the acquisition of a water line line easement easement described as being a portion of tract 5A-4 out of M.G. Elkins Survey Abstract No. 502 (1800 block of Wilma and proposed Lamar Boulevard); find that $1.00 was just compensation for property acquired from City of Arlington for Green Oaks Boulevard/vicinity of Wilma Lane and proposed Lamar Boulevard; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10945 re There was presented Mayor and Council Communication No. L-10945 from the City acquisition of right- Manager recommending that the City Council approve the acquisition of right-of-way of -way described as a portion of Lot 12, Block 2, Elmwood Addition (1643 Terrell Avenue); find that $180.00 was just compensation for property acquired from David A. De La Campo for Terrell Avenue reconstruction; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. M&C L-10946 re There was presented Mayor and Council Communication No. L-10946 from the City acquisition of aerial Manager recommending that the City Council approve the acquisition of an aerial easement easement over the northwest five feet of Lot 6R, Block 4, Edgewood Park Addition (4463 Moorview); find that $1.00 was just compensation for property acquired from Novelete Bailey; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. City Secretary Church M&C PZ -1662 City Secretary Church advised Council that consideration of Mayor and Council re cont. after the zoning hear- Communication No. PZ -1662, Planned Development Site Plan"PDSP-92-001:" Deckard Tire Community Service Em- Corp., Inc., would be continued after the zoning hearing. ing provide subsidized part-time training in the public and/or qualified private, non- M&C C-13361 re There was presented Mayor and Council Communication No. C-13361 from the City contract with Rhode Construction Company Manager submitting a tabulation of bids received for installation of a 24 -inch remote operated butterfly valve at Armstrong Ranch Elevated Tank; stating that the Director of Fiscal Services certified that funds required for this contract were available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Council authorize a fund transfer in the amount of $112,830.00, which included $6,000.00 for possible change orders and $4,090.00 for inspection from Water and Sewer Operating Fund, Water Project to Water Capital Improvement Fund, 24 -Inch Butterfly Valve at Armstrong Tank and authorize the City Manager to execute a construction contract with Rhode Construction Company for the installation of a 24 -Inch Remote Operated Butterfly Valve at Armstrong Ranch Elevated Tank on low bid of $102,740.58. It was the consensus of the City Council that the recommendation be adopted. M&C C-13362 re There was contract with James presented Mayor and Council Communication No. C-13362 from the City Manager submitting a tabulation of bids received for reconstruction of 6th Avenue from W. Jackson, Inc. W. Robert Street to Elizabeth Boulevard; stating that the Director of Fiscal Services certified that funds required for this project were available in the current Capital Budget, as appropriated, of the Street Improvements Fund; and recommending that the City Council approve a bond fund transfer of $131,843.20 from the Inner City Streets Unspecified Project to the 6th Avenue from W. Robert Street to Elizabeth Boulevard Project in the Street Improvements Bond Fund and authorize the City Manager to execute a contract with James W. Jackson, Inc., for reconstruction of 6th Avenue from W. Robert Street to Elizabeth Boulevard in the amount of $125,564.95 and 27 working days. It was the consensus of the City Council that the recommendation be adopted. M&C C-13363 re National Council There was presented Mayor and Council Communication No. C-13363 from the City on Aging, Inc.'s, Senior Manager stating that the City of Fort Worth had administered the Senior Community Community Service Em- Service Employment Project since 1976; that the major objective of the SCSEP was to ployment Project provide subsidized part-time training in the public and/or qualified private, non- Legal Agreement profit sector for individuals 55 years of age or older; that program participants must be unemployed, underemployed, or have experienced difficulty in securing employment; that the proposal calls for strong efforts to secure unsubsidized employment by the participants after they have completed training; that the interim funding of $164,100.00 from the unreserved, undesignated general fund balance was a temporary measure that was designed to ensure the smooth transition from one grant funding period to another; that, upon execution of the legal agreement with National Council on the Aging, the interim funding would be returned to the unreserved, undesignated fund; that the National Council on The Aging, Inc.'s share of the total budget of $729,400.00 was $656,400.00; that the remaining $73,000.00 was an in-kind match of services, the work of site supervisory functions performed by the agencies which train the subsidized program participants, and the waived indirect costs by the City for administrative services in selecting the agencies and acting as intermediary with NCOA; and recommending that the City Council: 1. Authorize the City Manager to submit, accept, and execute, when offered, the National Council on the Aging, Inc.'s Senior Community Service Employment Project (NCOA/SCSEP) Legal Agreement for the period of July 1, 1992 through June 30, 1993 (Program Year 1992), and Minutes of City Council U-3 Page 118 119 Tuesday, May 12, 1992 2. Adopt the attached NCOA/SCSEP Budget Summary for $656,400 increasing C-13363 re appropriations by $164,100 (one-fourth of the total NCOA funds) in the General Fund and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount for interim financing of costs pending execution of the NCOA Legal Agreement, and 3. Authorize the Fiscal Services Department to create one project number and four work phases in Grant Fund GR76 which would correspond to the NCOA/SCSEP Budget Summary attachment, and 4. Approve the transfer of $164,100 from General Fund GG01, to the project number and four work phases created in Grant Fund GR76, and 5. Waive the $11,537 indirect cost of staff salary and fringe benefits as recommended by the City Manager's Office due to NCOA's ceiling of $22,900 for administrative costs at the fiscal year 1991 grant rate of 15.97% for the Employment and Training Department pending final approval by HUD in accordance with the March 13, 1992, Fiscal Services Department memo, and 6. Apply the waived indirect cost as the City's in-kind contribution towards the $73,000 in-kind match required by the NCOA grant, and 7. Accept such additional funds from NCOA/SCSEP as may become available during Program Year 1992. X C-13363 adopted It was the consensus of the City Council that the recommendation be adopted. ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member Puente. The motion prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, was as follows: rdinance No. 11092 ORDINANCE NO. 11092 AN ORDINANCE APPROPRIATING $164,100 TO THE GENERAL FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF INTERIM FINANCING OF COSTS PENDING EXECUTION OF THE LEGAL AGREEMENT WITH NATIONAL COUNCIL ON THE AGING; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR 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 was so ordained. C C-13364 re There was presented Mayor and Council Communication No. C-13364 from the City proved changer order Manager, as follows: . 4; contract with SUBJECT: PROPOSED CHANGE ORDER NO. 4 TO ELECTRICAL SYSTEMS IMPROVEMENTS, ectrical and Special PHASE IVB, VCWWTP, ELECTRICAL AND SPECIAL SYSTEMS, INC. stems, Inc. RECOMMENDATION: It was recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $46,104 from State Revolving Loan Fund, Unspecified to State Revolving Loan Fund, Electrical Systems Improvements, and 2. Authorize Change Order No. 4 in ,the amount of $46,104 to City Secretary Contract No. 17918 with Electrical and Special Systems, Inc., for the Electrical Systems Improvements, Phase IVB, VCWWTP revising the total contract cost to $6,362,679 and adding 18 calendar days for a total 648 calendar days. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certified that funds required for this contract were available in the current capital budget, as appropriated, of the State Revolving Loan Fund. Minutes of City Council U-3 Page 119 120 Tuesday, May 12, 1992 M&C C-13364 cont. and adopted 11 It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-13364, be adopted. M&C C-13365 cont. It was the consensus of the City Council that Mayor and Council Communication for one week No. C-13365, Contract with Hillwood Construction Corporation for the Installation of Community Facilities -Alliance Gateway Phase II, be continued for one week. M&C C-13366 re cont. for one week It was the consensus of the City Council that Mayor and Council Communication No. C-13366, Cancellation of Leases and Approval of New Lease with Peagusus Flight Center at Meacham Airport, be continued for one week. M&C C-13367 re cont. for one week It was the consensus of the City Council that Mayor and Council Communication No. C-13367, Lease for Hanger and Ground Space at Meacham Airport with Texas Jet, Inc., be continued for one week. M&C FP -2958 re There was presented Mayor and Council Communication No. FP -2958 from the City final payment to Manager stating that the City Council authorized the employment of Vinson and Elkins on Vinson and Elkins July 24, 1990, by Mayor and Council Communication No. G-8740 to provide special expertise and assistance in the Arlington Rate Case and litigation; that the City Council authorized continuance with the firm on November 13, 1990, by Mayor and Council Communication No. G-8900; that the contract was continued April 30, 1991, by Mayor and Council Communication No. G-9126 for an amount not to exceed $215,000.00; that the City had paid a total of $633,712.72 to Vinson and Elkins for the services, however, the City subsequently determined its interests were better served by the firm of Kelly, Hart and Hallman who were presently under contract; that the Director of Fiscal Services certified that upon adoption of the supplemental appropriation ordinance, funds required for this expenditure would be available in the Water and Sewer Operating Fund; and recommending that the City Manager be authorized to execute final payment of $188,344.22 to Vinson and Elkins, Attorneys at Law and that a supplemental appropriation ordinance be adopted increasing the Water and Wastewater appropriation by $188,344.22 and decreasing the Unreserved, Undesignated Water and Wastewater Fund balance by the same amount. 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 Ordinance adopted. The motion was seconded by Council Member Puente. The motion prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None The ordinance, as adopted, was as follows: Ordinance No. 11093 II ORDINANCE NO. 11093 AN ORDINANCE APPROPRIATING $188,344.22 TO THE WATER AND WASTEWATER OPERATING FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING SPECIAL EXPERTISE AND ASSISTANCE IN THE ARLINGTON RATE CASE AND LITIGATION; 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. Zoning Hearing It appearing to the City Council that on April 14, 1992, the City Council continued the hearing in connection with the application of Williams Investment Company, Inc., for a change in zoning of property located at 1201 Grainger Street and 1200-1208 South Jennings Avenue from "D" Multi -Family to "F -R" Restricted Commercial, Zoning Docket No. Z-92-016, from day to day and from time to time and especially to the meeting of May 12, 1992, to give every interested person or citizen opportunity to be heard. Mayor Granger asked if there was anyone present desiring to be heard. Z-92-016 cont. for 30 days Council Member Chappell made a motion, seconded by Council Member Silcox, that the application of Williams Investment Company, Inc., for a change in zoning of property located at 1201 Grainger Street and 1200-1208 South Jennings Avenue from "D" Multi -Family to "F -R" Restricted Commercial, Zoning Docket No. Z-92-016, be continued for 30 days. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that Resolution No. 1821 was adopted on April 21, 1992, setting today as the date for a hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing had been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on April 24, 1992, Mayor Granger asked if there was anyone present desiring to be heard. Mr. Terry Deckard re Z-91-104 Mr. Terry Deckard, representing the applicant, Emma B. Deckard, for a change in zoning of property located at 2400 Azle Avenue from "E" Commercial to "PD/SU" Planned Development/Specific Use Tire Store for all uses in the "E" Commercial and a tire store with outside installation, Zoning Docket No. Z-91-104, appeared before the City Council and requested that the City Council give favorable consideration to the recommended change in zoning and advised Council that the tires located on the outside were part of Minutes of City Council U-3 Page 120 121 Tuesday, May 12, 1992 Z-91-104 cont. the display for the business, but that they were working on creating inside storage space for the tires and would be cleaning up the outside of this location. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Silcox made a motion, seconded by Council Member Meadows, that the hearing be closed and that the following zoning applications be approved: Z-91-104 Z-91-104 EMMA B. DECKARD by Terry Deckard 2400 Azle Avenue From "E" Commercial to "PD/SU" Planned Development/Specific Use Tire Store for all uses in the "E Commercial and a tire store with outside installation Z -92-003C Z -92-003C PETE M. CONTRERAS by Allied Communities Of Tarrant - Marine Park Neighborhood Association 1324 No. Jones Street From "J" Light Industrial to "B" Two -Family District Z-92-022 Z-92-022 CHICAGO INC. by Leon Parker 5128 E. Lancaster Avenue F r o m " E" C o m m e r c i a 1. t o " F- R" Restricted Commercial Z-92-023 Z-92-023 RALPH OWENS TRUCKING CO., INC. by Banner Advertising Inc. 9101 U.S. Highway 287 From "I" Light Industrial to "I" Light Industrial/ Sign Subdistrict Z-92-024II Z-92-024 H. ALLEN PENNINGTON, JR. 2620 Rosen Avenue From "C" Multi -Family to "C/HC" Multi-Family/Historic Cultural Subdistrict Z-92-025 II Z-92-025 PAXTON HOLT DANIEL 2404 Medford Court East From "A" One -Family Residential to "A/HC" One-Family/Historic Cultural Subdistrict Z-92-026II Z-92-026 SUSAN M. IDLEMAN 2512 So. Adams Street From "A" One -Family to "A/HC" One-Family/Historic Cultural Subdistrict Z-92-027II Z-92-027 TRAIL LAKE VENTURE by E. L. Baker, Jr. 5010-5048 Trail Lake Drive From "PD/SU" Planned Development/Specific Use permitting all uses in the "E" Commercial District plus a bingo parlor, consignment store, and used furniture upholstery, resale and refinishing to "PD/SU" Planned Development/ Specific Use permitting all uses in the "E" Commercial District plus a bingo parlor, consignment store, and used furniture upholstery, resale and refinishing and auto sales. Waiver of site plan recommended. Z-92-030AII Z -92-030A MARCO DISPLAY SPECIALISTS, INC. by Darrell Cooper 3201 Marquita Drive From "A" One -Family to "I" Light Industrial Z-92-032II Z-92-032 LEROY J. YORK by Pat Ferguson. 421 Hawkins Street From "B" Two -Family to "E -R" Restricted Commercial Z-92-033II Z-92-033 DEMENTROUS.TAYLOR AND JENNIFER JONES -TAYLOR 5011 Wichita Street From "A" One -Family to "E -R" Restricted Commercial Z-92-034 II Z-92-034 LAWRENCE J. MASI by Ted R. Pittman 6049B S. Hulen Street From "C" Multi -Family to "E" Commercial Minutes of City Council U-3 Page 121 122 Tuesday, May 12, 1992 Z-92-035 II Z-92-035 HILLWOOD DEVELOPMENT CORPORATION by H Dennis Hopkins 7900 Block of Park Vista Blvd. From "AR" Residential,"C-R" Multi -Family and "E" Commercial to "A" One -Family M&C PZ -1662 re adopted site plan There was presented Mayor and Council Communication No. PZ -1662 from the City Z-91-104, Rosen Manager stating that Mr. Terry B. Deckard, owner of Deckard Tile Corporation, Inc., had Heights Addition submitted a zoning request (Z-91-104) for a "PD/SU", Planned Development/Specific Use, as a tire installation facility; that the request was scheduled for public hearing by the City Council as a companion case to this request on May 12, 1992; that the Plan Development district (Section 2-H) of the City Zoning Ordinance requires that a site plan be submitted for review and recommendation by the City Zoning Commission prior to being presented to the City Council in public hearing for final action; that the subject site plan was recommended for approval by the Zoning Commission on April 15, 1992; and recommending that the City Council adopt the attached site plan proposed for property located on Lots 1, 23, and 24, Block 36, Rosen Heights Addition, as recommended by the City Zoning Commission on April 15, 1992. On motion of Council Member Puente, seconded by Council Member Woods, the recommendation was adopted. Mr. Frank Newman re Mr. Frank Newman, representing the applicant, Star Enterprise, for a change in Z-92-028 zoningof property located at 3625 West Freeway from "PD/SU" Planned Development/Specific Use for retail gasoline sales to "PD/SU" Planned Development/Specific Use/Sign Subdistrict for retail gasoline sales and off -premise advertising, Zoning Docket No. Z-92-028, which application was recommended for denial by the City Zoning Commission, appeared before the City Council and advised Council that a Joint Venture was entered into by Texaco and Star Enterprise and that they were told that there would not be any problem in moving a billboard sign structure 30 feet west; advised Council that the billboard was presently located on an easement owned by an individual who leased the billboard to May Advertising Company and that he had discussed the proposal of moving the billboard structure 30 feet away with the owner of the easement and May Advertising Company and both parties were in agreement with moving the billboard so as not to interfere with the gasoline pump, however, removal of the billboard sign to the new location, which was only a distance of 30 feet would constitute a loss of the present legal non -conforming status; and advised Council that this is why a zoning change is requested. Mr.MickeyNowell re Mr. Mickey Nowell, 512 Main Street, Suite 1500, appeared before the City Council and advised Council that a discussion regarding the sign had taken place prior to Texaco purchasing the property, but that due to time constraints, it was necessary for Texaco to go ahead with construction of the gas station, with the understanding that there was no problem in moving the billboard sign after completion of the station. Mr. John Garfield re Mr. John Garfield, representing the Development Department, appeared before the Z-92-028 City Council and advised Council of the Zoning Commission's position, stating that five members believed that Star Enterprise should deal with the other sign owner and then present the case for a change in zoning rather than grant the change in zoning and then discuss it with the other property owner. Council Member Silcox made a motion, seconded by Council Member Puente, that the City Council uphold the recommendation of the City Zoning Commission for denial of the application of Star Enterprise for a change in zoning of property located at 3625 West Freeway from "PD/SU" Planned Development/Specific Use for retail gasoline sales to "PD/SU" Planned Development/Specific Use/Sign Subdistrict for retail gasoline sales and off -premise advertising, Zoning Docket No. Z-92-028. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. H. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, Suite 406, representing Leroy Z-92-031 Blanks, dba Fort Worth Concession for a change in zoning of g g property located at 3100 Las Vegas Trail from "E" Commercial to "PD/SU" Planned Development/Specific-Use for all uses in "E" Commercial and a bingo facility, Zoning Docket No. Z-92-031, appeared before the City Council and advised Council that they are withdrawing the application for an appeal and asked that the City Council deny Zoning Docket No. Z-92-031 without prejudice. Council Member Silcox made a motion, seconded by Council Member Chappell, that the application of Leroy Blanks, dba Fort Worth Concessions for a change in zoning of property located at 3100 Las Vegas Trail from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial and a bingo facility, Zoning Docket No. Z-92-031, be denied without prejudice. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Tom Lake re zoning cases Mr. Tom Lake, representing the Development Department, appeared before the City Council and advised Council that it did not cause a problem for the City Council to vote on the zoning cases recommended by the City Zoning Commission prior to the Commission approving its minutes of the previous month. Introduced an Ordinance Council Member Silcox introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: None Minutes of City Council U-3 Page 122 123 Tuesday, May 12, 1992 The ordinance, as adopted, was as follows: inance No. 11094 II ORDINANCE NO. 11094 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 was permitted to exist shall constitute a separate offense. Ir. Randy Cole re Mr. Randy Cole, Post Office Box 150834, Fort Worth, appeared before the City dvertising of ciga- Council regarding cigarette (tobacco) advertising and requested that the City Council ettes not endorse the advertising of cigarettes to our youth on City buses, and on carts in the supermarkets, as well as baseball and football fields. ayor Granger re Cole Mayor Granger advised Mr. Cole that Assistant City Manager Mike Groomer could r. advise him on making his presentation to the Transportation Authority relative to the display of cigarette advertisements on City buses. -92-031 It was called to Mayor Granger's attention that were are citizens in the audience who wished to speak on Zoning Docket No. Z-92-031. ayor Granger excused Mayor Granger excused herself from the Council table at this time and Mayor Pro erself from the tempore Webber assumed the chair. ouncil table s. jackie Moran re Ms. Jackie Moran, 2937 Choctaw Trail, appeared before the City Council and -92-031 expressed opposition to the application of Mr. Leroy Blanks, dba Fort Worth Concessions for a change in zoning of property located at 3100 Las Vegas Trail from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial and a bingo facility, Zoning Docket No. Z-92-031, advising Council that there are four bingo facilities at the present time in this proposed area; that there are three elementary schools, one middle school, and one high school located in the area; and requested that the City Council deny the application with prejudice. s. Julia K. Brown re Ms. Julia K. Brown, 8508 Choctaw Trail, appeared before the City Council and -92-031 presented the City Council with petitions of those in opposition to the change in zoning of property located at 3100 Las Vegas Trail from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial and a bingo facility, Zoning Docket No. Z-92-031. r. Michael Petosa re Mr. Michael Petosa, 8504 Choctaw Trail, appeared before the City Council and -92-031 expressed opposition to the application of Mr. Leroy Blanks, dba Fort Worth Concessions for a change in zoning of property located at 3100 Las Vegas Trail from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial and a bingo facility, Zoning Docket No. Z-92-031, and presented a poster showing the traffic flow of the proposed area for the location of a bingo parlor. ayor Granger assumed Mayor Granger assumed the chair at this time. he chair s. Charlotte White re Ms. Charlotte White, 2944 San Marcos Drive, appeared before the City Council and -92-031 expressed appreciation to the City Council for the denial of the application of Mr. Leroy Blanks, dba Fort Worth Concessions for a change in zoning of property located at 3100 Las Vegas Trail from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial and a bingo facility, Zoning Docket No. Z-92-031, and advised Council that she was mainly concerned with the congested traffic that a bingo parlor would bring to this location. et in closed or It was the consensus of the City Council that the City Council meet in closed or xecutive session executive session to seek the advice of its attorneys concerning the following pending litigation: 1. City of Fort Worth v. City of Dallas, Cause No. 348-1414-30-92 2. Gary Kleinschmidt v. Donald R. Wade and City of Fort Worth, Cause No,-, 67- 115973-88; Minutes of City Council U-3 Page 123 124 Closed or executive session cont. Reconvened into regular session Adjourned Tuesday, May 12, 1992 3. Fort Worth Club and Tavern Operators' Association v. City of Fort Worth, Cause No. 48-132075-90 as authorized by Section 2(e), Article 6252-17, V.A.C.S. The City Council reconvened into regular session. There being no further business, the meeting was adjourned. CITY SECRETARY Minutes of City Council U-3 Page 124 MAYOR