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Home My WebLink About1989/05/30-Minutes-City CouncilCITY COUNCIL MEETING MAY 30, 1989 On the 30th day of May, A.D., 1989, 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 Bob Bolen; Mayor Pro tempore Bert C. Williams; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Garey W. Gilley, Steve Murrin, Jr., Virginia Nell Webber, and David Chappell; City Manager Douglas Harman; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by Mr. Richard Aughinbaugh. Pledge The Pledge of Allegiance was recited. Approval of Minutes On motion of Mayor Pro tempore Williams, seconded by Council Member Murrin, of May 23 and May 25 the minutes of the meeting of May 23, 1989, and special meeting of May 25, 1989, were 1989 approved. Oath Of Office City Secretary Howard admjrliQer.gd the oath of office to Council Member Administered to Mr. William N. Garrison, District 3. Garrison Chisholm Trail A proclamation for Chisholm 7rall Wound -up Days was read into the records. Round -Up Days A proclamation for Juneteenth Heritage and Jazz Festival Week was presented Proclamation for to Mr. Curtis Faulkner. Juneteenth Proclamation of Cook A proclamation for Cook -Fort Worth Children's Medical Center Day was Ft North Children's presented to Mr. Russ Tolman. Medicai Center Day Consent.Agenda On motion of Council Member Gilley, seconded by Mayor Pro tempore Williams, Approved the consent agenda was approved. Council i4embar Kay Mayor Bolen nominated Council Member Kay Granger as the City of Fort Worth Granger Nominated �o representative to the North Central Texas Council of Government and made a motion, NTCOG seconded by Council Member Gilley, that Council Member Granger be appointed as the City of Fort Worth representative to the North Central Texas Council of Government, replacing Mayor Pro tempore Bert C. Williams. When the motion was put to a vote by the Mayor, it prevailed unanimously. Adopted Resolution �,, Council Member Gilley introduced a resolution and made a motion that it be No. 1421 - Support o adopted. The motion was seconded by Council Member Murrin. The motion, carrying with Tax Exempt Financing it'.,the adoption of said resolution, prevailed by the following vote: for Government Pro- 4\ jects .AYES: Mayor Bolen; Mayor Pro tempore Williams; Council Members Zapata, Garrison, Granger, Gilley, Murrin, Webber, and Chappell NOES: None Resolution No. 1421 .ABSENT: None 4 The resolution, as adopted, is as follows: RESOLUTION NO. 1421 WHEREAS, the federal, state, and local governments all share in the responsibility of building and maintaining the nation's physical and institutional infrastructure and in providing essential services needed to promote the general welfare, and WHEREAS, the federal government has steadily reduced its responsibility to states and units of local government, and WHEREAS, shifting the tax burden from the national level to state and local government is an illusory savings for taxpayers and provides no net tax relief, and WHEREAS, financing state and local government projects through the issuance of bonds the interest on which is not taxed by the federal government is critical to allow states and local governments to exercise the responsibilities entrusted to and expected of them, and WHEREAS, in recent years, the U.S. Congress has both limited the use of tax-exempt bonds by states and local governments, and made municipal bonds less attractive to significant groups of purchasers, thereby driving up the cost of financing public service projects, and WHEREAS, in 1988 the U.S. Supreme Court overturned a 100 -year-old precedent ruling for the first time that the Minutes of City Council M-3 Page 1 CayL t -Fu, i 1- - 4 t,k,w i.eS of C'+tA:3 St j I 2 TUESDAY, MAY 30, 1989 Resolution No. 1421 Constitution does not prohibit the federal government from taxing (Continued) 11 the interest on state and local government bonds, and WHEREAS, the Supreme Court decision places in jeopardy the use of tax-exempt bonds by the more than 85,000 units of state and local government, as Congress seeks new sources of revenue to reduce the federal deficit, and WHEREAS, state and local borrowing costs will increase by an estimated 20 to 30 percent if the interest on tax-exempt bonds is subject to federal income tax, and this added burden will be reflected in reductions in public services or by increased state and local taxes, and WHEREAS, further restrictions on the use of tax-exempt bonds will seriously impair the ability of state and local governments to finance essential services and facilities, including schools, roads, water, sewer, gas, electricity, transportation and other basic functions, to the detriment of all citizens, NOW, THEREFORE BE IT RESOLVED: that the City Council of the City of Fort Worth calls upon Congress and the President to recognize that the state and local burden of maintaining and expanding the national infrastructure and providing citizens with needed basic governmental services cannot be met without tax-exempt bonds, and to resist all further efforts to reduce the use of such bonds to finance governmental projects. Correspondence and/o It is the consensus of the City Council that correspondence and/or notices of Notices of Claims claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: Christa L. Coles 1. Claimant: Christa Louise Coles Date Received: May 23, 1989 Date of Incident: May 5, 1989 Location of Incident: Highway 30 between Dallas and Fort Worth Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to her automobile as the result of an accident. Greg B. Wood, Jr. 2. Claimant: Greg B. Wood, Jr. Date Received: May 23, 1989 Date of Incident: May 4, 1989 Location of Incident: 4304 Briarhaven Road Estimate of Damages/ Injuries: $1,200.00 Nature of Incident: Claimant alleges damages to his property as the result of a cave-in in his yard caused by an alleged faulty storm drain. Sammons of Fort Wort 3. Claimant: Sammons of Fort Worth (Don Green) (Don Green) Date Received: May 23, 1989 Date of Incident: April 26, 1989 Location of Incident: 4100 South University Estimate of Damages/ Injuries: $161.48 Nature of Incident: Claimant alleges damages to its property as the result of City crew digging up conduit and cable. Colonial Savings & 4. Claimant: Colonial Savings & Loan (Byron F. Loan (Byron Bounds I ) Bounds II) Date Received: May 23, 1989 Date of Incident: February 18, 1989 Location of Incident: Fort Worth Auto Pound Estimate of;.Oamages/ ' Injuries: Undeclared Nature of Incident: Claimant alleges damages resulting from the impoundment and subsequent sell of his automobile. , Edna Mandeene Rhoade 5. Claimant: Edna Mandeene Rhoades aka Deene aka Deene Rhoades Rhoades Date Received: May 23, 1989 Date of Incident: February 26, 1989 Location of Incident: 4604 Carlyle Drive Estimate of Damages/ Injuries: Undeclared Minutes of City Council M-3 Page 2 Kenneth Smith Payne Marvin Giles Elvira Sanchez Maria Garcia Chavez Robert Earl Hill Lyndeli L. Allen Elbert Douglas Allstate Insurance Company (Rebekka P TUESDAY, MAY 30, 1989 Nature of Incident: 6. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 7. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 8. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 9. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ ,Injuries: Nature of Incident: 10. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 11. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 12. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 13. Claimant: Date Received: Claimant alleges damages to her property as the result of a sewer backup. Kenneth Smith Payne May 23, 1989 May 6, 1989 4200 Mitchell Boulevard $1,152.19 - $1,825.95 Claimant alleges damages to his automobile as the result of a barricade. Marvin Giles May 24, 1989 March 28, 1989 2616 N.W. 18th St. $794.00 Claimant alleges damages as the result of City turning water on in unoccupied apartment, flooding the downstairs apartment. Elvira Sanchez May 22, 1989 May 3612 N. Pecan Undeclared Claimant alleges damages to her property as the result of a sewer backup. Maria Garcia Chavez May 22, 1989 April 20, 1989 Russell, Turner, Laird, Barkholtz & Jones (Gregory G. Jones) 4400 East Loop 820 South Undeclared Claimant alleges damages to her automobile as the result of an accident. Robert Earl Hill May 18, 1989 May 5, 1989 2200 Handley Drive $1,284.57 Claimant alleges damages to his automobile as the result of hitting a tree in the middle of the street because of insufficient lighting. Lyndell L. Allen May 19, 1989 May 13, 1989 Kugle, Stewart, Dent & Frederick (Dwain Dent) Rosedale and Evans Undeclared Claimant alleges damages and injuries as the result of an accident. Elbert Douglas May 19, 1989 February 5, 1989 Donald T. Fulton 2617 Angle Street Undeclared Claimant alleges injuries caused by a fall taken when trying to remove automobile from trench. Allstate Insurance Company (Rebekka Peak) May 18, 1989 Minutes of City Council M-3 Page 3 3 TUESDAY, MAY 30, 1989 Date of Incident: April 26, 1989 Location of Incident: Chestnut & N.W. 21st St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges subrogation rights for its insured's (Arlene Oliver) property. Tavid Birdwell Maughai 14. Claimant: Tavid Birdwell Maughan Date Received: May 24, 1989 Date of Incident: January 16 or January 23, 1989 Location of Incident: 5404 Boca Bay Drive #1622 Estimate of Damages/ Injuries: $210.00 Nature of Incident: Claimant alleges damages as the result of alleged unlawful arrest. Lisa Paolia 15. Claimant: Lisa Paoli Date Received: May 24, 1989 Date of Incident: April 26, 1989 Attorney: Kugl e, Stewart, Dent & Frederick (Michael E. Frederick) Location of Incident: 4900 South Freeway - Southbound Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving actions taken by Fort Worth Police Officer. Belinda Gayle Savage 16. Claimant: Belinda Gayle Savage Date Received: May 24, 1989 Date of Incident: May 6, 1989 Location of Incident: Fort Worth Zoo Estimate of Damages/ Injuries: $98.00 Nature of Incident: Claimant alleges injuries to her daughter while playing on playground. Effie Teague 17. Claimant: Effie Teague Date Received: May 24, 1989 Date of Incident: Undeclared Attorney: Stephens E. Geis Location of Incident: 2116 Carleton Estimate of Damages/ Injuries: $242.50 Nature of Incident: Claimant alleges damages to his property as the result of heavy equipment crushing sewage pipe. Marvin Carter, Jr. 18. Claimant: Marvin Carter, Jr. Date Received: May 25, 1989 Date of Incident: March 25, 1989 Location of Incident: 2750 Beach St. (A't1'l, !�.irter's Bowling) Estimate of Damages/ Injuries: $6,030.95 Nature of Incident: Claimant alleges injuries as the result of actions taken by Fort Worth Police personnel. Adoption of Resolutio Council Member Gilley introduced a resolution and made a motion that it be No. 1.422 - Chaning adopted. The motion was seconded by Council Member Murrin. The motion, carrying with City Council Fleeting it the adoption of said resolution, prevailed by the following vote: of July 4, 1989 to July 6, 1989 AYES: Mayor Bolen; Mayor Pro tempore Williams; Council Members Zapata, Garrison, Granger, Gilley, Murrin, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. 1422 II RESOLUTION NO. 1422 WHEREAS, the City Council of the City of Fort Worth, Texas, regularly meets on Tuesday of each week at 10:00 a.m., except for the first Tuesday meeting of the month; and, WHEREAS, July 4, 1989, is a regularly -scheduled meeting date for the City Council; and, Minutes of City Council M-3 Page 4 5 TUESDAY, MAY 30, 1989 Resolution No. 1422II WHEREAS, July 4 is a national holiday and is a recognized (Continued) holiday of.the City of Fort Worth; and, WHEREAS, Chapter III, Section 5, of the City Charter states that the City Council shall meet at such time and place as may be prescribed by ordinance or resolution, but not less than 48 regular meetings shall be held each calendar year with not less than three regular meetings held each month and not more than one regular meeting held each week; and, WHEREAS, Section 3.1 of the City Council Rules of Procedure state that the City Council shall meet in the City Council Chamber at the City Hall on Tuesday of each week at 10:00 a.m. o'clock, with the first Tuesday meeting of each month to be scheduled for 7:00 p.m. o'clock unless otherwise officially changed by the City Council: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That the regularly -scheduled meeting of Tuesday, July 4, 1989, be changed to Thursday, July 6, 1989, at 7:00 p.m. Presentation of MAC There was presented Mayor and Council Communication No. G-8053 from the City No. G-8053 - Autho- Manager, as follows: rization for the Replacement of SaniV ry SUBJECT: AUTHORIZATION FOR THE REPLACEMENT OF SANITARY SEWER Wewer L-1488 by City L-1488 BY CITY FORCES Forces RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the work authorization in accordance with AR3-3 for the replacement of Sanitary Sewer L-1488. PROJECT BACKGROUND: The work to be performed under this authorization is the replacement of 1233 linear feet of 8 -inch sewer L-1488 by Water Department Field Operation crews. Video inspection of this sewer, built before 1928, shows this pipe to be extensively cracked, broken and has missing sections to where continued repairs are not practical. The construction area is located in an alley east of Connor Avenue, from Camilla Street to East Vickery Boulevard and will be done under Project No. 5-8904-8. PROJECT ESTIMATES: Construction Cost $37,906.08 Engineering at 10% 3,790.61 Total Estimated Project Cost $41,696.69 PROJECT FINANCING: Sufficient funds are available in Field Operations Sewer Construction Account No. 70-70-04. Expenditure will be made from Index Code 387886, Sanitary Sewer Construction, Sewer Department. Adoption of M&C No.II It was the consensus of the City Council that the recommendation, as contained in Mayor G-8053 and Council Communication No. G-8053, be adopted. Adopted Motion to Council Member Gilley made a motion, seconded by Mayor Pro tempore Williams, Move Public Hearing that the public hearing in connection with Mayor and Council Communication No. G-8054, RE: Amendent of Hearing on Amendment of Chapter 29.5, "Smoking", of the Fort Worth City Code be moved Chapter 29.5 "Smokin " forward on the agenda for consideration at the present time. When the motion was put forward on agenda I to a vote by the Mayor, it prevailed unanimously. Presentation of MAC There was presented Mayor and Council Communication No. G-8054 from the City No. G-8054 - Ari*nd- Manager, as follows: went of Chapter 29.5 SUBJECT: AMENDMENT OF CHAPTER 29.5, "SMOKING," OF THE FORT WORTH Smoking of the Fort Borth City Code CITY CODE RECOMMENDATION:. It is recommended that the City Council adopt the attached ordinance amending Chapter 29.5, "Smoking," of the Fort Worth City Code (1986). DISCUSSION: Id March of this year, City Council directed the City Manager's staff and the Department of Law to reactivate the committee formed to draft the City's No Smoking Ordinance to review proposed changes Minutes of City Council M-3 Page 5 M TUESDAY, MAY 30, 1989 M&C No. G-8054 to that ordinance. The proposed changes would clarify a provision (Continued) in the ordinance and would require employers to adopt written policies regulating smoking in the work place. The committee met throughout April and made several suggestions for revisions to the ordinance. The original proposed changes are before you in the attached ordinance. Chris Farkas Appeared Mr. Chris Farkas, 2443 Medford Court East, representing the State Board of Directors of the Texas Restaurant Association and the Board of Directors of the local chapter of the Texas Restaurant Association, appeared before the City Council and stated that in his opinion the proposed ordinance is a satisfactory compromise relative to smoking. David Fusco Appeared Mr. David Fusco appeared before the City Council and requested that the City Council give favorable consideration to the adoption of the recommendation contained in Mayor and Council Communication No. G-8054 regarding smoking. Recpinmendati6n,--0f .M&c There being no one else present desiring to be heard in connection with the NoG . No -8054- „Approvg - . 29.5 "Smoking Public hearing on the amendment of Chapter 29.5, "Smoking", of the Fort Worth City Chapteof the Fort Worth Code, Mayor Pro tempore Williams made a motion, seconded by Council Member Garrison, City Code that the hearing be closed and that the recommendation, as contained in Mayor and Council Communication No. G-8054, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Williams; Council Members Garrison, Granger, Gilley, Webber, and Chappell NOES: Council Members Zapata and Murrin ABSENT: None Adoption of Ordinance Mayor Pro tempore Williams introduced an ordinance and made a motion that it No. 10315 be adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Williams; Council Members Garrison, Granger, Gilley, Webber, and Chappell NOES: Council Members Zapata and Murrin ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 10315 11 ORDINANCE NO. 10315 AN ORDINANCE AMENDING CHAPTER 29.59 "SMOKING", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED; ADDING A DEFINITION OF "CASHIER AREA"; REQUIRING EMPLOYERS TO IMPLEMENT WRITTEN POLICIES FOR THE REGULATION OF SMOKING IN THE WORKPLACE; AMENDING PROVISIONS CONCERNING RESPONSIBILITY FOR REPORTING VIOLATIONS AND TAKING ACTION; PROVIDING PENALTIES FOR VIOLATION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 29.5, "Smoking", of the City Code of the City of Fort Worth, Texas (1986) be and is hereby amended as follows: 1. Section .29.5-1, Definitions, is amended by adding the following new definition: Cashier area means the area immediately adjacent to and extending for a seven foot radius from any cash register, customer service window, pharmacy area, meat counter or other area where goods or services are paid for or where,.goods are exchanged. 2. Section 29.5-4, Regulation of Smoking in the Workplace, is changed to read as follows: Minutes of City Council M-3 Page 6 TUESDAY, MAY 30, 1989 Ordinance No. 10315II Sec. 29.5-4, Regulation of smoking in the workplace. (Continued) (a) Notwithstanding the provisions of Sections 29.5-2 and 29.5-3, all employers shall adopt, maintain and enforce a written smoking policy for the workplace which complies with this section. Such policy shall meet the following minimum standards but may be more stringent than what is required herein.. (1) The policy shall provide that a smoke-free workplace shall be available for employees who so desire but shall also exhaust all reasonable means of accommodation for smoking employees. (2) The policy shall designate those areas in which smoking is prohibited or permitted. (3) No designated smoking areas shall be located in common use areas such as conference areas, waiting rooms, meeting rooms, restrooms, halls, stairways, lobbies or areas to which the public routinely has access. An employer may, however, have a policy which permits smoking in a conference or meeting room if all parties in the room agree that smoking shall be permitted. If only one person does not agree to others smoking in such a conference or meeting room, smoking shall be prohibited to everyone in the room. (4) The employer shall place signs at the entrances to the place of business with the universal symbol and wording to indicate that smoking is prohibited or permitted only in designated areas which must also be posted with appropriate signs. Such signs shall read "No Smoking," "No Smoking, City Code Section 29.5-4," "No Smoking Except in Designated Areas," "Smoking is Prohibited in This Building" or similar wording. (5) The employer shall provide facilities for the extinguishment of smoking materials in sufficient numbers and at such locations as to be readily accessible. (6) The policy shall be available for inspection by employees and the director or his authorized representative. (7) Any employee who violates the provisions of an employer's smoking policy shall be subject to disciplinary action in accordance with the employer's usual and customary policies and procedures. (8) All employers shall adopt a written policy concerning smoking in the workplace and shall comply with Section 29.5-4 (a) not later than August 1, 1989. Employers who require additional time for adoption of a policy and compliance with such section may, for good cause shown, obtain an extension of time, not to exceed 12 months, from the director. (b) It shall be unlawful f employee who is subject Section 29.5-4(a)(7), to employer's written smoking in accordance with Section )r any person, other than an ,o disiciplinary action under violate the provisions of an policy, adopted and maintained 29.5-4(a). (1) It shall be a defense to prosecution under this Section that the workplace does not have prominently displayed reasonably sized signs indicating that smoking is prohibited. (2) It shall also be a defense to prosecution under this section that facilities for the extinguishment of smoking materials were not located in said workplace in sufficient numbers and at such locations as to be readily accessible. (c) It shall be unlawful for an employer to fail to adopt, maintain or enforce a written policy for smoking in the workplace in accordance with Section 29-5.4(a), or to Minutes of City Council M-3 Page 7 n Ordinance No. 10315 (Continued) Presentation of H&C No. G-8055 - Authori- zation for Temporary Street Closure Reques for "Park Here on Thursdays" TUESDAY, MAY 30, 1989 fail to refuse to comply with any of the other requirements of Section 29.5-4(a). 3. Section 29.5-5, Responsibility for Reporting Violations and Taking action, is changed to read as follows: Sec. 29.5-5. Responsibility for reporting violations and taking action, (a) This chapter does not require that the owner, operator, manager or any employee of an establishment report a violation or take any action against any individual violating Sections 29.5-1 through 29.5-3. No such failure by an owner, operator, manager or employee to report a violation or to take action against an individual for violating Sections 29.5-1 through 29.5-3 shall constitute a violation of this Chapter. (b) The responsibility of an employer, operator, manager or other person in control of the workplace for enforcement of regulations and reporting violations concerning smoking in the workplace shall be as provided in Section 29.5-4(c). No such employer, operator, manager or other person in control of the workplace shall, however, be required to report a violation of Section 29.5-4(b) or take any action against a person for violating such section. 4. Section 29.5-6, Penalties, is amended to read as follows: Sec. 29.5-6. Penalties. (a) Any person violating Section 29.5-2(a), upon conviction, is punishable by a fine of not more than two hundred dollars ($200.00) (b) Any person violating Section 29.5-2(b), 29.5-2(c), 29.5-3, 29.5-4(b) or 29.5-4(c), upon conviction, is punishable by a fine of not less than twenty- five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however, in the event a person has previously been convicted of a violation of the same section, such person shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for a second conviction hereunder, and shall be fined not less than one hundred dollars ($100.00 nor more than one thousand dollars ($1,000.00) for a third conviction of a violation of the same section and for each conviction thereafter. SECTION 2. That Chapter 29.5 of the Code of the City of Fort Worth, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 8 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. ' SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. There was presented Mayor and Council Communication No. G-8055 from the City Manager, as follows: SUBJECT: TEMPORARY STREET CLOSURE REQUEST FOR "PARK HERE ON THURSDAYS" RECOMMENDATION: It is recommended that the City Council approve the request of Downtown Fort Worth, Inc. to temporarily close Main Street from 8th to 9th Street from 9:30 a.m. until 2:30 p.m. on June 1, '8, 15, 22, 29; July 6, 13, 20, 27 August 3, 10, 17, 24 and 31; September 7, Minutes of City Council M-3 Page 8 9 TUESDAY, MAY 30, 1989 M&C No. G-8055 14, 21 and 28; October 5 and 12, 1989 for "Park Here On Thursdays" (Continued) activities. DISCUSSION! In fulfilling the Special Improvement District contract for the City of Fort Worth, Downtown Fort Worth, Inc. will be providing 22' noon -hour live musical activities. "Park Here On Thursday", an entertainment promotion by Downtown Fort Worth, Inc., will be held on Main Street between 8th and 9th Street on Thursdays from 11:30 a.m. until 1:30 p.m. beginning June 1 through October 12, 1989. for the Park and Recreation Department for a period of six weeks for the eight forestry crews and two months rental of the three chippers for a combined total not to exceed $113,000.00. DISCUSSION! The storm of this May has left Fort Worth, its park system and public properties in a critical unsafe position. In addition to great numbers of trees and tree limbs blown down on the ground, a growing number of trees are being identified as unsafe to remain in their present condition. Regular City crews cannot handle this without outside assistance. The work is necessary to reserve the safety of our citizens due to unforseen damage to public property. Support services from private forestry contractors will be necessary in removing downed trees, taking down damaged trees, chipping and hauling brush from parks, golf courses, the Botanic Garden and the Zoo. When these contract crews work in the above Minutes of City Council M-3 Page 9 Downtown Fort Worth, Inc. is requesting the temporary street closure of Main Street between 8th and 9th Street from 9:30 a.m. until 2:30 p.m. on the following Thursdays: June 1, 8, 15, 22, and 29, 1989 * July 6, 13, 20 and 27, 1989 * August 3, 10, 17, 24 and 31, 1989 . * September 7, 14, 21 and 28, 1989 * October 5 and 12, 1989 Downtown Fort Worth, Inc. has provided liability insurance and will secure the necessary barricades for these activities. Transportation and Public Works and the Police Traffic Division have reviewed this request and concurs with these street closures. Adoption of H&C It was the consensus of the City Council that the recommendation, as contained in Mayor No. G-8055 and Council Communication No. G-8055, be adopted. Presentation of t4&C There was presented Mayor and Council Communication No. P-3490 from the City No. P-3490 - Confirm Manager, as follows: the Emergency Purchase of r.orestry Crew SUBJECT: CONFIRM THE EMERGENCY PURCHASE OF FORESTRY CREW SERVICES Services & Brush AND BRUSH CHIPPER RENTAL FOR THE PARK AND RECREATION Chipper Rental for DEPARTMENT the Park 3 Recreation Department RECOMMENDATION: It is requested that the City Council confirm the emergency purchase of the following: f 1. The purchase of the services of three (3) forestry crews consisting of three men each, three trucks and three chippers from Horton Tree Service Company at a rate of $50.00/hour per crew; 2. The purchase of service of one (1) forestry crew consisting of three men, a truck and aerial bucket devise from Horton Tree Service Company at a rate of $60.00/hour per crew; 3. The purchase of the service of three (3) forestry crews consisting of three men each, three trucks and three chippers from Asplundh Tree Service at a rate of $37.00/hour per crew; 4. The purchase of the service of one (1) forestry crew consisting of three men, a truck and aerial bucket devise from Asplundh Tree Service at a rate of $46.00/hour per crew; 5. The rental of one brush chipper from Taylor Rental at the rate of $1,500.00 per month; and 6. The rental of two brush chippers from A-1 Rental at the rate of $1,350.00/per month, per chipper. for the Park and Recreation Department for a period of six weeks for the eight forestry crews and two months rental of the three chippers for a combined total not to exceed $113,000.00. DISCUSSION! The storm of this May has left Fort Worth, its park system and public properties in a critical unsafe position. In addition to great numbers of trees and tree limbs blown down on the ground, a growing number of trees are being identified as unsafe to remain in their present condition. Regular City crews cannot handle this without outside assistance. The work is necessary to reserve the safety of our citizens due to unforseen damage to public property. Support services from private forestry contractors will be necessary in removing downed trees, taking down damaged trees, chipping and hauling brush from parks, golf courses, the Botanic Garden and the Zoo. When these contract crews work in the above Minutes of City Council M-3 Page 9 10 TUESDAY, MAY 30, 1989 M&C No. P-3490listed areas, their services will be charged to the appropriate II (Continued) accounts. The emergency request was made by the Park and Recreation Department Director on May 12, 1989. The Department of Law was informed May 15, 1989. FINANCING: Sufficient funds are available in the.following accounts: Fund 01, Park and Recreation Department ACCOUNT NUMBER' r 'INDEX CODE 80-20-60 303925, Miscellaneous Rentals $ 1,900.00 80-20-32 327189, Inner -Miscellaneous Rentals 1,900.00 80-20-53 347187, SE -Other Contractural Services 8,941.67 80-20-54 347864, East -Other Contractural Services 10,841.67 80-20-32 327197, Inner -Other Contractural Service 8,941.67 80-20-33 327643, North -Other Contractural Service 8,941,67 80-20-34 344606, West --Other Contractural Service 8,941.67 80-20-60 303867, Outside Repair & Maint. 8,941.67 80-50-10 307090, Other Contractural Services 8,941.67 Fund 39, Park and Recreation Department 80-41-10 312280, Other Contractural Services 8,941.66 80-43-10 313882, Other Contractural Services 8,941.66 80-44-10 314591, Other Contractural Services 8,941.66 80-45-10 315184, Other Contractural Services 8,941.66 Fund 45, Water Department 60-50-09 383869, Other Contractural Services 8,941.67 TOTAL $113,000.00 Adoption of H&C No. It was the consensus of the City Council that the recommendations, as contained in P-3490 Mayor and Council Communication No. P-3490, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. P-3491 from the City No. P-3491 - Asbestos Manager, as follows: Removal Service for the Transportation SUBJECT: ASBESTOS REMOVAL SERVICE FOR THE TRANSPORTATION AND and Public Works Dept PUBLIC WORKS DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the purchase of asbestos removal services for the Transportation and Public Works Department on the low bid from Sublett & Associates of $57,400 net, f.o.b. Fort Worth, Texas. BID TABULATION: AmniINT RM 1) Sublett & Associates $57,400.00 Oklahoma City, OK 2) U.S. Environmental Service $70,651.00 Fort Worth, TX 3) Tri -Pro Service, Inc. $96,789.00 Kaufman, TX All terms are net and bid tabulation is attached. Bid invitations were mailed to three potential bidders, zero no -bids were received and zero vendors did not respond. Bid was advertised in the Fort Worth Star -Telegram on April 20 and April 27, 1989. COMMENTS ON SPECIFICATIONS: Vendors were required to submit prices on furnishing labor, equipment and materials to remove asbestos from designated City buildings. The recommended vendor did comply with MBE/WBE requirements. Minutes of City Council M-3 Page 10 M&C No. P-3491 (Continued) Adoption of H&C No. P-3491 Presentation of M&C No. P-3492 - Amend M&C P-2804, A Purch, Agreement with bort Exhaust Center to Provide Exhaust Sys Repairs for the Cit, Services Department 11 TUESDAY, MAY 30, 1989 DISCUSSION: The Transportation and Public Works Department will use this service to remove asbestos from Fire Station No. 11, the Rolling Hills Water Treatment Plant and Vector Control. FINANCING: Sufficient funds are available in the General Fund 01, Transportation and Public Works, Building Services, Account No. 20-50-01. This expenditure will be made from Index Code 233999. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-3491, be adopted. There was presented Mayor and Council Communication No. P-3492 from the City Manager, as follows: SUBJECT: AMEND M&C P-2804, A PURCHASE AGREEMENT WITH WORTH EXHAUST CENTER TO PROVIDE EXHAUST SYSTEM REPAIRS FOR THE CITY SERVICES DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the amendment of M&C P-2804, approved July 26, 1988, for a purchase agreement on exhaust system repairs for the City Services Department to read as follows: 1. Authorize a purchase agreement with Worth Exhaust Center on the low bid of unit prices as follows: Item Description (1) Muffler (Domestic Car) $ 24.95 Muffler (Medium Truck) $ 99.00 Muffler (Heavy Truck) $ 9.00 (2) Exhaust Pipe A. '87 Ford Mustang -- $ 20.60 B. '87 Ford LTD $ 20.60 C. '86 Plymouth K Car $ 17.50 D. '86 Chevrolet C-10 Pickup $ 20.60 E. '88 Chevrolet C-10 Pickup $ 20.60 F. '88 Chevrolet Caprice $ .60 (3) Tail Pipe A. '87 Ford Mustang $ 14.50 B. '87 Ford LTD $ 14.50 C. '86 Plymouth K Car $ 6.00 D. '86 Chevrolet C-10 Pickup $ 14.50 E. '88 Chevrolet C-10 Pickup $ 14.50 F. '88 Chevrolet Caprice $ 14.50 (4) Catalytic Convertor A. Ford $ 87.59 B. General Motors $113.95 C. Chrysler $113.95 Plus $15.00 core charge on non -repairable convertors. (5) Exhaust and Tail Pipe Cost per foot including bends and welds. 1 1/2" Diameter $ 1.80/foot 1 3/4" Diameter $ 1.80/foot 2" Diameter $ 2.00/foot 2 1/4" Diameter $ 2.05/foot 2 1/2" Diameter $ 2.10/foot Plus $5.00 each installation. (6) Universal Muffler $ 24.95 2. The purchase agreement to begin the date of authorization by the City Council and end one year later, with option to renew for one additional year; and Minutes of City Council M-3 Page 11 12 TUESDAY, MAY 30, 1989 M&C No. P-3492 3. Exercising the option to renew for one P year. The new (Continued) agreement to begin July 27, 1989 and end July 26, 1990. DISCUSSION• On July 26, 1988, M&C P-2804, the City Council authorized a purchase agreement with Worth Exhaust Center for exhaust system repairs to the equipment in the City fleet. The vendor has agreed to hold his prices firm for another year and the user department has reported good service from this vendor. Therefore, staff recommends the renewal of the agreement. McClane Manufacturer's Suggested List Price Less 0% Olathe Manufacturer's Suggested List Price Less 0% Kurb-Dresser Manufacturer's Suggested List Price Less 0% Dahaitsu Manufacturer's Suggested List Price Less 0% Continental Manufacturer's Suggested List Price Less 0% 2. Establishment of Goldthwaite's of Texas as the sole source supplier of these original equipment manufacturer parts, being the only local franchised dealer; 3. The agreement to begin the date of authorization by the City Council and end one year later, with option to renew for one additional year; and 4. All City departments to participate in the agreement, if needed. All terms are net and bid tabulation is attached. Invitations to bid were mailed to two prospective bidders Zero no bids were received and one vendor did not respond. Bid was advertised in the Fort Worth Star -Telegram on April 6 and April 13, 1989. Minutes of City Council M-3 Page 12 FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. Adoption of M&C No. It was the consensus of the City Council that the recommendations, as contained in P-3492 Mayor and Council Communication No. P-3492, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. P-3493 from the City No. P-3493 - Purchase Manager, as follows: Agreement with Goldth waite's of Texas to : SUBJECTPURCHASE AGREEMENT WITH GOLDTHWAITE'S OF TEXAS TO FURNISH Furnish Toro Billy Go t, TORO BILLY GOAT, MCCLANE, OLATHE, DAHAITSU, KUR B -DRESSER McClane, Olathe, Daha tsu, AND CONTINENTAL MANUFACTURER'S GENUINE REPLACEMENT PARTS Kurb-Dresser and FOR ALL CITY DEPARTMENTS Continental 14anufac- turer's Genuiine Re- RECOMMENDATION: placement Parts for All City Departments It is recommended that the Cit y Council authorize: 1. A purchase agreement for the purchase of genuine Toro, Billy Goat, McClane, Olathe, Kurb-Dresser, Dahaitsu and Continental manufacturer's replacement parts from Goldthwaite's of Texas on the low bid of unit prices as follows: MANUFACTURER'S REPRESENTATIVE FOR AMOUNT BID Toro Manufacturer's Suggested List Price Less 0% Billy Goat Manufacturer's Suggested List Price Less 0% McClane Manufacturer's Suggested List Price Less 0% Olathe Manufacturer's Suggested List Price Less 0% Kurb-Dresser Manufacturer's Suggested List Price Less 0% Dahaitsu Manufacturer's Suggested List Price Less 0% Continental Manufacturer's Suggested List Price Less 0% 2. Establishment of Goldthwaite's of Texas as the sole source supplier of these original equipment manufacturer parts, being the only local franchised dealer; 3. The agreement to begin the date of authorization by the City Council and end one year later, with option to renew for one additional year; and 4. All City departments to participate in the agreement, if needed. All terms are net and bid tabulation is attached. Invitations to bid were mailed to two prospective bidders Zero no bids were received and one vendor did not respond. Bid was advertised in the Fort Worth Star -Telegram on April 6 and April 13, 1989. Minutes of City Council M-3 Page 12 13 TUESDAY, MAY 30, 1989 M&C P-3493 II COMMENTS ON SPECIFICATIONS: (Continued) The specifications required genuine original equipment manufacturer replacement parts. DI USSTON! Bids were requested on the basis of dealer's list price less a discount. These parts are available only through manufacturer's representative/distributors. The award of a one-year purchase agreement for purchase of these repair parts 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. Vendor based prices on estimated quantities. However, no guarantee has been made that a specific quantity of goods or services will be purchased. The recommended vendor did comply with the Minority Business Enterprise Policy. FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. Adoption of 14&C It was the consensus of the City Council that the recommendations, as contained in No. P-3493 Mayor and Council Communication No. P-3493, be adopted. Presentation of H&C There was presented Mayor and Council Communication No. P-3494 from the City No. P-3494 - Purchase Manager, as follows: of Wire Rope for the Water Department SUBJECT: PURCHASE OF WIRE ROPE FOR THE WATER DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the purchase of 16,000 feet of wire rope for the Water Department from American Sling Company on their low bid of $6,400.00. Net F.O.B. Fort Worth, TX BID TABULATION• AMMINT RTD 1. American Sling Company $ 6,400.00 Fort Worth, TX 2. Quality Supply Co., Inc. $ 6,640.00 Dallas, TX 3. Bacrac Supply Company $ 6,880.00 Dallas, TX 4. Big "D" Supply $ 7,840.00 Dallas, TX 5. Victoria Bearing, FW, Inc. $ 7,840.00 Fort Worth, TX 6. Motion Industries $ 8,080.00 Fort Worth, TX 7. Carlton -Bates Company $10,662.40 Fort Worth, TX 8. Moody Precision Supply, Inc. $11,008.80 Arlington, TX 9. Aero Space Supply, Inc. $12,000.00 Fort Worth, TX 10. Betsy Ross Flag Girls, Inc. $31,900.00 Dallas, TX All terms are net and bid tabulation is attached. Invitations to bid were mailed to eighteen prospective bidders. One no -bid was received and seven vendors did not respond. Bid was advertised in the Fort Worth Star -Telegram on March 30 and April 6, 1989. Last Purchase Awarded: May 17, 1988 Minutes of City Council M-3 Page 13 14. TUESDAY, MAY 30, 1989 M&C No. P-3494 LAST BID THIS BID (Continued) 1/4" Wire Rope N/A $.30 per foot 1/2" Wire Rope $.55 per foot $.50 per foot COMMENTS ON SPECIFICATIONS: Specifications required that all bidders be able to quote on wire rope that is 1/4" diameter (6 x 19 IWRC) and 1/2" diameter (6 x 19 IWRC) in quantities of 8,000 ft. of (1/4") and 8,000 ft. of (1/2"). Also, all bidders had to be able to supply wire rope in 1,000 spools. DISCUSSION: This wire rope will be used by the Water Department at various locations throughout the City. FINANCING: Purchases will be charged to the Water Department, Fund 45, Water Inventory Subsidiary Account No. 141-000279. Adoption of M&C It was the consensus of the City Council that the recommendation, as contained in Mayor No. P-3494 and Council Communication No. P-3494, be adopted. Presentation of 14&C There was presented Mayor and Council Communication No. P-3495 from the City No. P-3495 - Cancella Manager, as follows: tion of Purchase Awar for MS14A Selective SUBJECT: CANCELLATION OF PURCHASE AWARD FOR MSMA SELECTIVE Herbicide for the Par HERBICIDE FOR THE PARK AND RECREATION DEPARTMENT and Recreation Dept RECOMMENDATION• It is recommended that the City Council authorize: 1. Cancellation of purchase award with Chemical & Turf Specialty Company (M&C P-3292, March 7, 1989) for 590 gallons of MSMA selective herbicide at $11.48 per gallon for a total amount of $6,773.20; and 2. The purchase of 590 gallons of MSMA selective herbicide from the third low bidder, Terra International, on its bid meeting City specifications, of $12.45 per gallon for a total amount not to exceed $7,345.50 net, f.o.b. Fort Worth. DTSMISSTnN- On March 7, 1989 (M&C P-3292), the City Council authorized the purchase of 590 gallons of MSMA selective herbicide for the Park and Recreation Department from the low bidder, Chemical & Turf Specialty Company. This vendor has notified the City that it cannot supply the specified herbicide at the previously quoted price of $11.48 per gallon due to a drastic manufacturer's price increase of approximately 16% by its supplier, Fermenta Plant Protection Company. The selling price for this product by Chemical & Turf Specialty Company is now $13.37 per gallon. The second low bid of $11.70 per gallon submitted by Mann Ag. Service is recommended for rejection. This vendor can supply this product in a 55 gallon drum only instead of the 2-1/2 gallon container as specified. This container size is unacceptable to the Park and Recreation Department as it would cause waste in mixing and difficulty in handling. FINANCING: Sufficient funds are available in the following funds and respective accounts: Minutes of City Council M-3 Page 14 ACCOUNT DESCRIPTION NUMBER INDEX CODE AMOUNT General Fund 01 Horticultural 80-20-60 303552 $ 249.00 Services Inner City Zones 80-20-32 326942 ' 373.50 North Zone 80-20-33 327361 1,867.50 West Zone 80-20-34 344184 1,867.50 East Zone 80-20-54 347625 1 120.50 Sub -Total T5.i78.00 Minutes of City Council M-3 Page 14 15 TUESDAY, MAY 30, 1989 MC No. P-3495 Fund 39, Golf (Continued) Meadowbrook 80-43-10* 313544 $ 747.00 Sycamore Creek 80-45-10 314849 373.50 Sub -Total F1,120.50 Water and Sewer Operating Fund 45 Lake Worth Zone 60-50-09 383679 373.50 Park and Recreation CIP Fund 05 Project No. Index Code Summerbrook Park 041007-00 625511 373.50 Total 7 345.50 Adooption of M&C It was the consensus of the City Council that the recommendations, as contained in No. P-3495 Mayor and Council Communication No. P-3495, be adopted. Presentation of F1&C There was presented Mayor and Council Communication No. P-3496 from the City No. P-3496 - Renewal Manager, as follows: of Purchase Agreement with Ladd Uniform SUBJECT: RENEWAL OF PURCHASE AGREEMENT WITH LADD UNIFORM COMPANY Company for Uniforms FOR UNIFORMS FOR THE CITY SERVICES DEPARTMENT for the City Services Department RECOMMENDATION: 1. It is recommended that the City Council authorize the one-year option to renew purchase agreement for code enforcement uniforms exclusive to the City Services Department with Ladd Uniform Company for an amount not to exceed $13,346.35 net, f.o.b. Fort Worth; and 2. This• agreement to be effective May 10, 1989 through May 10, 1990. DISCUSSION: On May 10, 1988, M&C P-2638, the City Council authorized a one-year purchase agreement with a one-year renewal option with Ladd Uniform Company for code enforcement uniforms. Service has been satisfactory and the department has requested that the agreement be renewed for one year. Vendor has agreed to hold price firm for one year. FINANCING• Sufficient funds are available in General Fund 01, Account No. 21-40-02, Code Enforcement, Inspection. This expenditure will be made from Index Code 225136. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. P-3496 Mayor and Council Communication No. P-3496, be adopted. Presentation of FIX There was presented Mayor and Council Communication No. P-3497 from the City No. P-3497 - Pur- Manager, as follows: chase Agreement With Pro -Cherie for Hotsy SUBJECT: PURCHASE AGREEMENT WITH PRO -CHEM FOR HOTSY EQUIPMENT Equipment Maintenance MAINTENANCE AND PARTS FOR ALL CITY DEPARTMENTS and Parts for all City Departments RECOMMENDATION: It is recommended that City Council authorize: 1. A purchase agreement to provide Hotsy Equipment maintenance and parts with Pro -Chem on the low bid unit price of $20.00 per hour, 20% off manufacturer's list price, and $25.00 trip charge net, f.o.b. Fort Worth; 2. All City departments to participate in this agreement, if needed; and 3. This agreement to become effective date of authorization until one year later. BID TABULATION: % OFF HOURLY TRIP MFR.'S BIDDER RATE CHARGE LIST PRICE 1. Pro Chem $20.00 $25.00 20% Fort Worth, TX Minutes of City Council M-3 Page 15 1E TUESDAY, MAY 30, 1989 M&C No. P-3493 2. Hotsy Equipment Co. $32.00 $28.00 15% (Continued) Arlington, TX 3. Delco Cleaning Systems $35.00 N/C 17% Fort Worth, TX All terms are net and bid tabulation is attached. Bid invitations were mailed to nine prospective bidders. Zero no -bids were received and six vendors did not respond. Bid was advertised in.the.Fort Worth Star -Telegram on April 6 and April 13, 1989. COMMENTS ON SPECIFICATIONS: Vendors were required to furnish a price for parts based on manufacturer's list price, hourly charge for labor and charge per trip or service call (if any). Pro Chem offers the lowest parts price at 20% off manufacturer's list and the lowest hourly rate. Pro Chem does have a trip charge of $25.00; however, the subject equipment is small enough that it is usually taken to the vendor location by City staff. Delco does not have a trip charge, but since equipment is usually carried to the vendor, Delco charges would be high. Hotsy Equipment has a trip charge of $28.00, and with hourly rate of $32.00, Hotsy would also be higher priced. DISCUSSION: The Village Creek Wastewater Treatment Plant will use this agreement to keep six units of Hotsy steam cleaning equipment in good working order. FINANCING: Sufficient funds are available in Water and Sewer Operating Fund 45, Account 70-50-02. Expense will be from Index Code 384594. Budgeted funds are also sufficient to cover the anticipated expenditure by each department wishing to participate in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. P-3497 Mayor and Council Communication No. P-3497, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. P-3498 from the City No. P-3498 - Amend Manager, as follows: M&C P-3389 to Provide SUBJECT: AMEND M&C P-3389 TO PROVIDE JANITORIAL SERVICE WITH EXCEL Janitorial Service MAINTENANCE SERVICE FOR EMPLOYMENT AND TRAINING With Excel Maintenanc DEPARTMENT Service for Employ- ment and Training Department RECOMMENDATION: It is recommended that the City Council authorize amending the effective date of this one-year purchase agreement with Excel Maintenance Service based on monthly rates to begin July 1, 1989, and end June 30, 1990. DISCUSSION• M&C P-3389, April 18, 1989, authorized a one-year purchase agreement to begin date of authorization as follows: 440 S. Main Street 5,500 sq. ft. $400.00/mo. 712 W. Magnolia Avenue 2,914 sq. ft. $250.00/mo. 801 W. Cannon Street 11,000 sq. ft. $550.00/mo. Bids were taken on the Main Street location four years ago. The service has been excellent at a reasonable rate, and the Department Head, with approval by the Assistant City Manager, has, since that time, requested annual renewal with waiver of competitive bids. The only change being requested is the effective date. FINANCING: Sufficient funds remain available in Fund 76 as follows: PROJECT/WP DESCRIPTION 405406-01 TWC Program Admin. 405407-01 TWC Program Operations 405406-14 Title IIB Contingency Minutes of City Council M-3 Page 16 AMOUNT $1,668.00 $3,180.00 $1,344.00 Ii TUESDAY, MAY 30, 1989 M&C No. P-3498 (Continued) 405407-24 Title IIB Contingency $5,208.00 -01 NCOA Administration * -02 NCOA Enrollee 405413-01 JTPA O.W. Program Adm. $ 180.00 405415-01 JTPA 3% O.W. Trang $1,620.00 *The availability of sufficient funds for this contract from the NCOA grant is contingent upon the execution of a grant contract with the National Council on Aging, Inc., for Fiscal Year 1989. Adoption of M&C, It was the consensus of the City Council that the recommendation, as contained in Mayor No. P-3498 and Council Communication No. P-3498, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. P-3499 from the City No. P-3499 - Interior Manager, as follows: Plant/Lease 14aintenande with Evergreen Foliage SUBJECT: INTERIOR PLANT/LEASE MAINTENANCE WITH EVERGREEN FOLIAGE for the Park and FOR THE PARK AND RECREATION DEPARTMENT Recreation Department RECOMMENDATION: It is recommended that the City Council authorize: 1. A purchase agreement, with an optional renewal for two additional years, for live interior plant and tree lease maintenance for the Park and Recreation Department with Evergreen Foliage on its bid, meeting City specifications, of unit prices net as follows: a. City Hall Complex $796.74/month b. Central Library $336.58/month 2. This agreement to become effective June 1, 1989 and expire May 31, 1990. BID TABULATION• CITY HALL CENTRAL BIDDERS CG MPLEX._ _'�_•.� LIBRARY-'� 1. Plant -It -Earth $550.00/month $550.00/month Fort Worth, TX 2. Evergreen Foliage Fort Worth, TX $796.74/month All terms are net and bid tabulation is attached. $336.58/month Bid invitations were mailed to eleven prospective bidders, zero no -bid responses were received, and nine prospective bidders did not respond. Bid was advertised in the Fort Worth Star -Telegram on April 6 and April 13, 1989. Last Purchase Awarded: June 2, 1988 THIS BID LAST BID City Hall Complex $796.74/month $1,098.86/month Central Library $336.58/month $ 383.12/month COMMENTS ON SPECIFICATIONS: . Specifications required the vendor to lease, furnish, and maintain to the City specific interior and tropical plants for use at the City Hall and Central Library with all maintenance service performed on a weekly basis. The overall low bid submitted by Plant -It -Earth (formerly Forevergreen Plantscapes) is recommended for rejection by the Park and Recreation Department. The maintenance service as performed by this firm on a previous purchase agreement was less than satisfactory to both the Park and Recreation Department and the Central Library. Additionally, dissatisfaction was expressed by management relative to the appearance of some plants within City Hall maintained by this firm. The Park and Recreation Director and the Superintendent of Horticulture recommends the current contractor, Evergreen Foliage, be retained to provide this service for an additional year in City Hall and at the Central Library. Minutes of City Council M-3 Page 17 M&C No. P-3499 (Continued) Adoption of M&C No. P-3499 Presentation of M&C No. P-3500 - Purchase Agreement with Asplun to Provide Manufac- turer's Genuine Re- placement Parts for all City Departments TUESDAY, MAY 30, 1989 DTSCl1SSTON - The Park and Recreation Department will use this purchase agreement to maintain interior plants within the City Hall Complex and in the Central Library. FINANCING• Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. P-3499, be adopted. There was presented Mayor and Council Communication No. P-3500 from the City Manager, as follows:. SUBJECT: PURCHASE AGREEMENT WITH ASPLUNDH TO PROVIDE MANUFACTURER'S GENUINE REPLACEMENT PARTS FOR ALL CITY DEPARTMENTS RECOMMENDATION: It is recdmmended that the City Council authorize: 1. A purchase agreement for the purchase of genuine Asplundh manufacturer's replacement parts with Asplundh Manufacturing Division on the low bid of unit prices at manufacturer's suggested list price; 2. The agreement to begin the date of authorization by the City Council and end one year later with one additional year option to renew; and 3. All City departments to participate in this agreement, if needed. BID TABULATION: BIDDER 1. Asplundh Manufacturing Division E1 Monte, CA MANUFACTURERS' REPRESENTATIVES Asplundh. All terms are net and bid tabulation is attached. AMOUNT BID Manufacturer's suggested list price Invitations to bid were mailed to four prospective bidders, zero no -bid responses were received and three vendors did not respond. Bid was advertised in the Fort Worth Star -Telegram on January 26 and February 9, 1989. COMMENTS ON SPECIFICATIONS: The specifications required genuine original equipment manufacturer (O.E.M.) replacement parts. DISCUSSION: Bids were requested on the basis of dealer's list price less a discount. These parts are available only through manufacturer's representatives/distributors. The award of a one-year purchase agreement for purchase of these repair parts 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. Vendor based prices on estimated quantities. However, no guarantee has been made that a specific quantity of goods or services will be purchased. FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. P-3500 Mayor and Council Communication No. P-3500, be adopted. Minutes of City Council M-3 Page 18 Presentation of M&C No. P-3501 - Amend iii&C P-2896, Purchase Agreement with NUS Corporation to Pro- vide Laboratory Test for the !later Dept Adoption of f1&C No. P-3501 Presentation of H&C No. L-9809 - Con- demnation Request Fort Worth Spinks Airport Parcel No. 19 TUESDAY, MAY 30, 1989 There was presented Mayor and Council Communication No. P-3501 from the City Manager, as follows: SUBJECT: AMEND M&C P-2896, PURCHASE AGREEMENT WITH NUS CORPORATION TO PROVIDE LABORATORY TESTS FOR THE WATER DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize: 1. Amending the recommendation of M&C P-2896 approved September 6, 1988, of a purchase agreement with a renewal option for one additional year with NUS Corporation to conduct laboratory tests for the Water Department on the low bid, meeting City specifications, as follows: QUANTITY ITEM DESCRIPTION NUS CORPORATION a. 6 each Toxicity Tests - $1,000/test Ceriodaphnia Dubia, 7 -Day Chronic 5 -Dilution Reproduction and Survival Static Renewal Test b. 5 each Toxicity Tests - $ 200/test Ceriodaphnia Dubia, 7 -Day Chronic.5-Dilution Reproduction and Survival Static Renewal Test - Receiving Water Control for Stream Toxicity 2. This agreement to become effective September 6, 1988 and end September 6, 1989. DISCUSSION: M&C P-2896, dated September 6, 1988, authorized a purchase agreement to conduct chronic toxicity tests on the Village Creek Water Treatment Plant outfall 001 as required by the NPDES permit. The Water Department is required to submit results from the toxicity tests performed on the Village Creek WWTP effluent to EPA Enforcement Branch. If a toxicity test demonstrates lethality during the monthly testing period, the permittee is required to resample and conduct the toxicity tests for the species showing lethality for a total of three consecutive toxicity tests during a forty-five day period. The Village Creek WWTP effluent demonstrated lethality in April, 1989, and the Water Department is presently conducting the required retests in May, 1989, resulting in additional costs. The retests also require control tests for stream toxicity to verify the receiving water (West Fork Trinity River) is suitable for dilution water in the tests. These control tests (five) are an addition to the tests specified in the purchase agreement. FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by the department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. P-3501, be adopted. There was presented Mayor and Council Communication No. L-9809 from the City Manager, as follows: SUBJECT: CONDEMNATION REQUEST 63 RECOMMENDATIONS: FORT WORTH SPINKS AIRPORT PARCEL NO. It is recommended that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project Fort Worth Spinks Airport, Parcel 63 2. Type of Acquisition Outright Purchase Minutes of City Council M-3 Page 19 20 TUESDAY, MAY 30, 1989 M&C No. L-9809 3. Description of Land (Continued) A triangularly shaped parcel of land out of TRACT 6E-1 of the Sarah Gray Survey, Abstract No. 558 as recorded in Volume 6489, Page 515, Volume 6489, Page 519, and Volume 6489, Page 522, Deed Records, Tarrant County, Texas. This parcel of land is 15.1 feet in width along its north line, 29.4 feet in depth along its east line (its hypotenuse) and 25.3 feet in depth along its west line which is the west right-of-way line of Stone Road, required for road right-of-way. Square Feet: 191 Zoning: "I" Parcel No.: 63 4. Supplemental Information During the process of platting Spinks Airport, the surveyor determined that the City's original consulting engineer for survey and design work overlooked a small strip of land now in road right-of-way. This strip contains approximately 191 square feet of land. A final offer of $750.00, as a total consideration, has been rejected by the owner, therefore, the Real Property Management Department has been unable to reach an agreement with the owner. It is recommended that City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project: Fort Worth Alliance Airport - Parcel No. 10 2. Type of Acquisition: Clear Zone Easements 3. Description of Land: The air space located immediately above an irregularly shape parcel of land out of TRACT 2 of the C. R. Harmon Survey, Abstract 737, as recorded in Volume 7309, Page 1936, Deed Records, Tarrant County, Texas. The parcel of land is 1,211.96 feet in depth along its west line, 668.51 feet in length along its irregularly shaped south line, 852.64 feet in depth along its irregularly shaped east line, and 444.38 feet in length along its north line which is also the center line of the present Keller -Haslet Road, required for a clear zone easement. Square Feet: 515,920.28 Zoning: "K" Parcel Nos.: 10 4. Supplemental Information: A final offer of $236,878.00, as a total consideration, has been rejected by the owner; therefore, the Real Property Management Department has been unable to reach an agreement with the owner. Minutes of City Council M-3 Page 20 5. Location: East of I-35, South of Hardgrove Road 6. Owner: Joe H. Davenport, Trustee 7. Land Agent: Jerry Chalker Mike Piles appeared Mr. Mike Piles, Director of the Department of Real Property Management, regarding L-9809 appeared before the City Council and advised the City Council that a report on the status of Spinks Airport along with a discussion of the change of the design of the airport has been submitted to the Office of the City Manager and City Manager Harman advised the City Council that the matter of the status of Spinks Airport will be discussed at the June 6, 1989, City Council workshop. Adoption of M&C On motion of Council Member Gilley, seconded by Council Member Chappell, the No. L-9809 recommendation, as contained in Mayor and Council Communication No. L-9809, was adopted. Presentation of M&C There was presented Mayor and Council Communication No. L-9810 from the City No. L-9810 - Con- Manager, as follows: demnation Request/ Fort Worth Alliance SUBJECT: CONDEMNATION REQUEST/FORT WORTH ALLIANCE AIRPORT, PARCEL Airport, Parcel No. 1 NO. 10 RECOMMENDATION: It is recommended that City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project: Fort Worth Alliance Airport - Parcel No. 10 2. Type of Acquisition: Clear Zone Easements 3. Description of Land: The air space located immediately above an irregularly shape parcel of land out of TRACT 2 of the C. R. Harmon Survey, Abstract 737, as recorded in Volume 7309, Page 1936, Deed Records, Tarrant County, Texas. The parcel of land is 1,211.96 feet in depth along its west line, 668.51 feet in length along its irregularly shaped south line, 852.64 feet in depth along its irregularly shaped east line, and 444.38 feet in length along its north line which is also the center line of the present Keller -Haslet Road, required for a clear zone easement. Square Feet: 515,920.28 Zoning: "K" Parcel Nos.: 10 4. Supplemental Information: A final offer of $236,878.00, as a total consideration, has been rejected by the owner; therefore, the Real Property Management Department has been unable to reach an agreement with the owner. Minutes of City Council M-3 Page 20 TUESDAY., MAY 30, 1989 M&C No. L-9810 5. Location: South of Keller -Haslet Road, West of I-35 (Continued) 6. Owner: Gary Dale Segraves and wife, Donna E. Segraves 7. Land Agent: Jerry Chalker Adoption of int&C On motion of Council Member Gilley, seconded by Council Member Chappell, the No. L-9810 recommendation, as contained in Mayor and Council Communication No. L-9810, was adopted. Presentation of t -1&C There was presented Mayor and Council Communication No. L-9811 from the City No. L-9811 - Condem Manager, as follows: . nation Request/Fort Horth Alliance Airp t, SUBJECT: CONDEMNATION REQUEST/FORT WORTH ALLIANCE AIRPORT, PARCEL Parcel Nos. 12, 12A NOS. 12, 12A AND 12B and 12B RECOMMENDATION: It is recommended that City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project: Fort Worth Alliance Airport - Parcel Nos. 12, 12A, and 12B 2. Type of Acquisition: Clear Lone ana N AVAW Easements 3. Descriation of Land: Clear Zone 12 - The air space located immediately above an irregularly shaped parcel of land out of TRACT 1A of the T. Walden Survey, Abstract 1921, as recorded in Volume 9028, Page 784, Deed Records, Tarrant County, Texas. The parcel of land is 92.52 feet in width along :its north line, 1,100.0 feet in depth along its east line, 850.00 feet in width along its south line, and 1,210.39 feet along its west line and contains 364,274 square feet, as required for a clear zone easement. Clear Zone 12A - The air space located immediately above an irregularly shaped parcel of land out of TRACT 1A of the T. Walden Survey, Abstract 1921, as recorded in Volume 9028, Page 784, Deed Records, Tarrant County, Texas. The parcel of land is 492.68 feet in width along its north line, 1,279.79 feet in depth along its east line, 850.00 feet in width along its south line, and 1,169.0 feet along its west line, as required for a clear zone easement. NAVAID 12B - An irregularly shaped parcel of land out of TRACT lA of the T. Walden Survey, Abstract 1921, as recorded in Volume 9028, Page 784, Deed Records, Tarrant County, Texas. The parcel of land is 50.50 feet in width along its north line, approximately 1,795.39 feet along its east line, 50.0 feet along its south line, and approximately 1,867.9 feet along its west line and contains 234,250 square feet, as required for a NAVAID site. Square Feet: Clear Zone 12 364,274 Clear Zone 12A 898,269 NAVAID 234,250 Zoning: "K" Parcel Nos.: 12 12A 12B 4. Supplemental Information: As a result of conflicting information concerning the title of the property, the Real Property Management Division has been unable to reach an agreement with the owner as to a total consideration. 5. Location: South of Keller -Haslet Road, West of I-35 6. Owner: Sunbelt Savings, F.S.B. 7. Land Agent: Jerry Chalker Adoption of UIX On motion of Council Member Gilley, seconded by Council Member Murri n, the No. L-9811 recommendation, as contained in Mayor and Council Communication No. L-9811, was adopted. Minutes of City Council M-3 Page 21 22 TUESDAY, MAY 30, 1989 Presentation of M&C. There was presented Mayor and Council Communication No. L-9812 from the City No. L-9812 - Land Manager, as follows: Lease - Temporary/ Permanent Airport SUBJECT: LAND LEASE - TEMPORARY/PERMANENT AIRPORT TRAFFIC CONTROL Traffic Control TOWER ALLIANCE AIRPORT. Tower Alliance Air- port RECOMMENDATION: 1. The City Manager be authorized to execute a temporary land lease with the United States of America for the purpose of the construction and placement of a temporary Airport Traffic Control Tower (ATCT) base building and equipment trailer at Fort Worth Alliance Airport; and 2. The City Manager be authorized to execute a long term land lease with the United States of America for the permanent tower location once subject site is requested by the Federal Aviation Administration. DISCUSSION: During the construction phase of the permanent Airport Traffic Control Tower, it is necessary that a temporary facility be established for air traffic control at Fort Worth Alliance Airport. There will be no charge for the granting of these leases. FINANCING: The City of Fort Worth will not incur any expenses in the granting of these leases. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. L-9812 Mayor and Council Communication No. L-9812, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. L-9813 from the City No. L-9813 - Purchase Manager, as follows: of Improvements and Cancellation of Lake SUBJECT: PURCHASE OF•IMPROVEMENTS AND CANCELLATION OF LAKE WORTH Worth Lease LEASE RECOMMENDATION: It is recommended that City Council approve: 1. Cancellation of the two ten-year leases with Mrs. Norman W. Harris covering Lots 36 and 37, Block 27, Lake Worth Lease Survey, aka 9220 Heron Drive and 9224 Heron Drive; 2. Purchase of the leasehold improvements from Mrs. Harris for a consideration of $81,700.00; and____ 3. Real Property Management will lease the improvements until such time as when the property can be resold, as will be addressed in the Lake Worth Management Plan Study. DISCUSSION: The lessee of Lots 36 and 37, Block 27, Lake Worth Lease Survey, has expressed her desire to sell the improvements to the City due to a hardship situation (age and health of owner). The Real Property Management Department has negotiated with the lessee to sell the improvements to the City for a consideration of $81,700.00. The purchase price is justified by an appraisal of the improvements that indicate a value of $81,700.00. The improvements on Lot 36 include the main dwelling which contains 1,290 square feet of living area and a two -car garage containing 224 square feet. Lot 37 contains a dwelling which contains 1,078 square feet, but has no garage. FINANCING: Sufficient funds are available in Lake Worth Trust Fund 70, Project No. 001002-00, Phase II, Lease Reclamation. This expenditure will be made from Index Code 213603. LAND AGENT: Don Shoulders Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. L-9813 Mayor and Council Communication No. L-9813, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. L-9814 from the City No. L-9814 - Acquisi- Manager, as follows: tion of Land and/or Easements - Various Projects (2 Transac- tions) ransac- tions) Minutes of City Council M-3 Page 22 M&C No. L-9814 (Continued) TUESDAY, MAY 30, 1989 SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project: Sanitary Sewer Easement/Lot 3, T. H. Conner Addition Type of Acquisition: Permanent Utility Easement Description of Land: A strip of land 15 feet in width and 200 feet in length out of Lot 3, T. H. Conner Addition, as described in Volume 5812, Page 277. This strip of land contains 3,000 sq. ft. of land as required for a sanitary sewer easement. Square Feet: 3,000 Parcel No.: 1 Consideration: $1.00 Location: 2711 E. Vickery Blvd. Owner: Joseph Harris Zoning: "B" Two Family Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017101-00, Engineering and Administration. This expenditure will be made from Index Code 698787. Land Agent_: Ethel Roberts 2. Project: Wilbarger Street and Carey Road Assessment Paving Type of Acquisition_: Right -of -Way and Temporary Construction Easement Description of Land: Ri ht-of-Wa - A rectangularly shaped strip of land approximately 27.4 feet in depth and approximately 100 feet in length adjacent to the south property line of Tract 12G1, J. M. Daniel Survey, Abstract No. 395, as recorded in Volume 6568, Page 771, Deed Records of Tarrant County, Texas. Temporary Construction Easement - A rectangularly shaped strip of land 15 feet in depth lying along and adjacent to the above right-of-way. Square Feet: R.O.W. - 224 square feet T.C.E. - 1,500 square feet Zoning: "B" Two Family Parcel No.: 19 Consideration: $1.00 Location: 5401 Wilbarger Street Owner:_ Clyde Peabody Financing: Sufficient funds are available in Street Improvement Fund 29, Project No. 036959-00, A. P. Village Creek Ind. Pk. Ph. III. This expenditure will be made from Index Code 699678. . Negotiator: Aleeta Hackney 93 Adoption of 14&C It was the consensus of the City Council that the recommendations, as contained in No. L-9814 Mayor and Council Communication No. L-9814, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. PZ -1552 from the City No. PZ -1552 Manager, as follows: Vacation of a Utility Easeuent: SUBJECT: VACATION OF A UTILITY EASEMENT: TRINITY INDUSTRIAL Trinity Industrial ADDITION, BLOCK 1 (V-89-13) Addition, Block 1 (V-89-13) Minutes of City Council M-3 Page 23 24 TUESDAY, MAY 30, 1989 M&C No. PZ-1552II RECOMMENDATION: (Continued) It is recommended that the City Council adopt an ordinance vacating a 26' wide by 1434' long utility easement located at Block 1, Trinity Industrial Addition, as recorded in Vol. 388-133, Page 61, P.R.T.C.T. DISCUSSION: Mr. Jim Davies, Jr., surveyor, representing the owner of the above subject property, has requested that the City vacate the above described utility easement, as shown on the attached map and further described by the attached field notes, Exhibit A. The subject easement acquired by dedication is platted. The subject easement does not contain any utility facilities, however, another utility easement for a sanitary sewer line Lateral #7106, crosses the subject easement but it not a part of this vacation. The Director of Real Property Management has determined that a $1.00 consideration fee satisfies the City of Fort Worth's interest in this request. Reviewing City departments and utility service providers have raised no objection to this request. Adoption of M&C It was the consensus of the City Council that the recommendation, as contained in Mayor No. PZ -1552 and Council Communication No. PZ -1552, be adopted. Adoption of Ordinance Council Member Gilley introduced an ordinance and made a motion that it be No. 10316 Vacating adopted. The motion was seconded by Mayor Pro tempore Williams. The motion, carrying a Utility Easement with it the adoption of said ordinance, prevailed by the following vote: in Block 1, Trinity Industrial Addition AYES: Mayor Bolen; Mayor Pro tempore Williams; Council Members Zapata, Garrison, Granger, Gilley, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 10316 11 ORDINANCE NO. 10316 AN ORDINANCE VACATING, ABANDONING, AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT WHICH IS LOCATED WITHIN THE TRINITY INDUSTRIAL ADDITION TO THE CITY OF FORT WORTH, TEXAS, AND WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Presentaton of M&C There was presented Mayor and Council Communication No. C-11660 from the City No. C-11660 - Econo- Manager, as follows: mic Dislocation and Worker Adjustment SUBJECT: ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE ACT Assistance Act Plann- PLANNING GRANT FROM THE TEXAS DEPARTMENT OF COMMERCE ing Grant from the Texas Department of RECOMMENDATION: Commerce It is recommended that the City Council authorize the City Manger to: 1. submit a grant application, accept if offered, and negotiate a contract with Texas Department of Commerce in the amount of $50,000 for the planning and development of a job training .program under the Economic Dislocation and Worker Adjustment Assistance Act for the period beginning February 1, 1989 and ending June 30, 1989; 2. authorize the Accounting Division of the Finance Department to establish a specified account upon execution of the contract with the Texas Department of Commerce (TDOC): and 3. apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 22.16 percent which represents the most recent approved rate for this department). DTSCIISSTnN- The Economic Dislocation and Worker Adjustment Assistance Act (EDWAA completely replaces Title III of the Job Training Partnership Act (JTPA) and amends other portions of the job training law. JTPA Title III establishes programs of employment and training assistance for dislocated workers. With the passage Minutes of City Council M-3 Page 24 �J TUESDAY, MAY 30, 1989 M&C No. C-11660 of the EDWAA, the Governor designated 34 substate areas for`the (Continued) purpose of delivering Title III services. Texas Department of commerce subsequently allocated $50,000 to each substate area to be used for planning and implementation of the new program which will begin July 1, 1989. the City of Fort Worth has been designated as a substate area. EDWAA requires an agreement among the Governor, the local Private Industry Council, and the Chief Elected Official. On May 4, 1989, the Private Industry Council authorized submission of a request for substate grantee status under EDWAA and acceptance of a $50,000 planning grant. These funds will be used for one time costs associated with the transition to EDWAA, for salaries and benefits of staff for time spent on implementing new systems, for coordination arrangements, and other direct administrative costs. FINANCING: No City match is required. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. C-11660 Mayor and Council Communication No. C-11660, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11661 from the City No. C-11661 - Award Manager, as follows: of Contract to Circle C Construction Company SUBJECT: AWARD OF CONTRACT TO CIRCLE C CONSTRUCTION COMPANY - Water & Sanitary WATER AND SANITARY SEWER MODIFICATIONS IN F.M. 731 Sewer Modifications in F.M. 731 RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $19,000* from Water and Sewer Operating Fund 45, Account No. 60-90-20, to Water Capital Improvement Fund 53, Project No. 017103-00, Water Modifications in F.M. 731; 2. Authorize a fund transfer in the amount of $36,000* from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No. 017069-00, Sewer Modifications in F.M. 731; and 3. Authorize the City Manager to execute a construction contract with Circle C Construction Company for the Water and Sewer Modifications in F.M. 731 on the low bid of $46,997.50. PROJECT NO.: 53-017103-00 58-017069-00 PROJECT DESCRIPTION: The work to be performed under this contract consists of the relocation of an 8 -inch sanitary sewer line and concrete encasement of a 24 -inch water line in F.M. 731, from Alta Mesa Blvd. to 1,780 feet south of Sycamore School Road. The relocation and encasement are to accommodate the State Department of Highways and Public Transportation's proposed grade and alignment changes. SUBMISSION OF BIDS: On May 4, 1989, the following bids were received: BIDDER AMOUNT BID Circle C Construction $46,997.50 Architectural Utilities $49,626.65 Steed $59,857.00 Atkins Bros. $60,913.90 J.D. Vickers $64,880.75 Brown and Blakney $65,368.00 Larry Jackson $79,439 00 E. L. Dalton $84,902.05 Engineer's Estimate: $29,029.00 TIME OF COMPLETION 30 Working Days Specified The low bidder, Circle C Construction Company, has complied with the City's MBE/W BE policy. FINANCING: Sufficient funds are available to transfer from Water and Sewer Operating Fund 45, Account No. 60-90-20, Water Capital Project, Minutes of City Council M-3 Page 25 v6 TUESDAY, MAY 30, 1989 M&C No. G=11661 Water Department. Upon approval and completion of Recommendation (Continued) No. 1 in the amount of $19,000.00, sufficient funds will be available in Water Capital Improvement Fund 53, Project No. 017103-00, Water Modifications in F.M. 731. Expenditures will be made from Index Code 620153. M&C No. C-11661 (Continued for one week) Presentation of M&C No. C-11662 - Resi- dent Training Contra with Robert Thompson Strategic Hospital Carswell Air Force Base Adoption of M&C No. C-11662 Presentation of M&C No. C-11663 - Pro- posed Change Order No. 2 to Contract with Martin K. Eby Construction Company for 24 14GD Expan- sion Phase IIA, Effluent r i 1 ter Area Village Creek !laste- water Treatment Plant Sufficient funds are available to transfer from Water and Sewer Operating Fund 45, Account No. 70-90-20, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 2 in the amount of $36,000.00, sufficient funds will be available in Sewer Capital Improvement Fund 58, Project No. 017069-00, Sewer Modifications in F.M. 731. Expenditures will be made from Index Code 658815. *Funds above the amount bid are necessary to cover cost of inspection and administration of the project. It was the consensus of the City Council that consideration of Mayor and Council Communication No. C-11661 be continued for one week. There was presented Mayor and Council Communication No. C-11662 from the City Manager, as follows: SUBJECT: RESIDENT TRAINING CONTRACT WITH ROBERT L. THOMPSON STRATEGIC HOSPITAL - CARSWELL AIR FORCE BASE RECOMMENDATION: It is recommended that the City of Fort Worth authorize the City Manager to execute a contract with the Robert L. Thompson Strategic Hospital, Carswell Air Force Base, Texas. DIS MISS TON - The specific purpose of the contract is to provide exposure in public health to Family Practice Medical Residents undergoing training at the Robert L. Thompson Strategic Hospital (RLTSH). Such training is to be provided under the supervision of City of Fort Worth Department of Public Health staff in department facilities and in the field. Monthly rotations in the public health department consisting of no more than five (5) days clinical exposure per week for each resident are proposed. It is in the best interest of the U.S. Air Force and the Family Practice Physician trainees to gain experience in public health with the department of public health. This experience is invaluable to the educational preparation of future family practice physicians in the U.S. Air Force. It is also to the benefit of the department of public health to make use of the trainee's clinical experience and performance. The areas of rotation may include: Sexually Transmitted Disease Clinic, Tuberculosis Clinic, Maternal/Child Health Clinic, Homeless Clinic, Environmental Health, and Epidemiology. Other areas may be considered on a case-by-case basis by the Director of Public Health. Liability for the acts or omissions of Air Force Family Practice Residents or members of their faculty shall be determined in accordance with the Federal Tort Claims Act. The liability of the department of public health shall be governed by the pertinent and applicable laws of the state of Texas. The terms of this contract will commence with agreement by both parties and will continue until termination by either party. FUNDING: Expenditure of city funds is not a requirement for the execution of this contract. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-11662, be adopted. There was presented Mayor and Council Communication No. C-11663 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO CONTRACT WITH MARTIN K. EBY CONSTRUCTION COMPANY FOR 24 MGD EXPANSION PHASE IIA, EFFLUENT FILTER AREA, VILLAGE CREEK WASTEWATER TREATMENT PLANT Minutes of City Council M-3 Page 26 M&C No. C-11663 (Continued) Adoption of M&C No. c-11663 . Presentation of td&C C-11664 - Interagenc Agreement with north Texas Commission for a Feasibility Studyv of a Class I horse Racing Track in the DFW Metroplex Region 27 TUESDAY, MAY 30, 1989 RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $132,000 from Sewer Capital Improvement Fund 84, Project Number 011000-00, Sewer Interest to Sewer Capital Improvement Fund 84, Project Number 016001-00, 24 MGD Expansion, Phase IIA, Effluent Filter Area (VCWWTP); and 2. Authorize Change Order No. 2 in the amount of $132,000 to the contract for construction of the 24 MGD Expansion Phase IIA, Effluent Filter Area at the Village Creek Wastewater Treatment Plant, revising the total contract cost to $17,686,233.78. BACKGROUND: On September 13, 1988 (M&C C-11189), the City Council authorized the award of a contract to Martin K. Eby Construction Company, Inc. for construction of the 24 MGD Expansion Phase IIA, Effluent Filter Area. Recent modifications to the Clean Water Act requires the metering of effluent discharge at wastewater treatment plants. Meters are required to be functional by September 1, 1990. Bid items for the meters were not included in the bid documents because the new requirement was initiated after the Phase IIA design was completed. Installation of the meter vault and meter, by change order, at this time would result in a cost saving to the City. The saving would result from utilizing the excavation for the new 120 -inch pipeline and would not cause a plant shutdown for future installation. Further savings would occur from the lack of pipe support costs resulting in a savings of approximately $70,000 as compared to the cost of excavation around and support of an existing 120 -inch pipeline which would be required should the construction of the meter vaults be postponed until after the new pipeline is installed. It is proposed to delete approximately 250 feet of the proposed Miles Road and two (2) street lights in this contract due to future work which would require excavation for the next metering vault. PROJECT NO.: 84-016001-00 PROPOSED CHANGE ORDER: The contractor, Martin K. Eby Construction Company, Inc., will perform this additional work for $132,000. The proposed changes are as follows: 1. Install Meter Vault and Meter @ Lump Sum $152,100.00 2. Delete a portion of a proposed street and two (2) street lights @ Lump Sum ($ 20,100.00) Total Change Order $132,000.00 The net effect of the proposed change order is as follows: Original Contract Cost $17,565,920.00 Change Order No. 1 ($ 11,686.22) Proposed Change Order No.2 $ 132,000.00 Revised Contract Cost $17,686.233.78 The construction manager, Freese and Nichols, Inc. and the staff engineer of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund 84, Project Number 011000-00, Sewer Interest (cash balance). Upon approval and completion of Recommendation Number 1 in the amount of $132,000.00, sufficient funds will be available in Sewer Capital Improvement Fund 84, Project Number 016001-00, 24 MGD Expansion, Phase IIA, Effluent Filter Area. Expenditures will be made from Index Code 684530. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-11663, be adopted. There was presented Mayor and Council Communication No. C-11664 from the City Manager, as follows: Minutes of City Council M-3 Page 27 28 TUESDAY, MAY 30, 1989 M&C No. C-11664 SUBJECT: INTERAGENCY AGREEMENT WITH THE NORTH TEXAS COMMISSION FOR (Continued) A FEASIBILITY STUDY OF A CLASS I HORSE RACING TRACK LOCATED IN THE DALLAS/FORT WORTH METROPLEX REGION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with the North Texas Commission providing for the City of Fort Worth to contribute $15,000 to the Horse Racing Track Feasibility Study. BACKGROUND: In November, 1987, voters approved a statewide referendum which provided for legalized pari-mutuel wagering under the Texas Racing Act (Article 179e.) on a county -by -county local option basis. On the same day, voters in Tarrant County supported pari-mutuel wagering for Tarrant County. In 1988, the Board of the North Texas Commission formed the Horse Industry Committee to study the economic development impact of the horse industry on the North Texas Region. The Committee selected the consultants, Coopers and Lybrand, to perform an economic feasibility analysis of a Class I horse racing track located within the Dallas/Fort Worth metroplex region. The budgeted cost for this study is $95,000. The City of Fort Worth has been asked to contribute $15,000 to the study. Other participants include Dallas, Irving, Grapevine, D/FW Airport and the North Texas Commission. FINANCING: Sufficient funds are available in Non -Departmental Fund 01, Account No. 90-11-00, Economic Development. This expenditure will be made from Index Code 330423. Adoption of M&6 On motion of Council Member Gilley, seconded by Council Member Zapata, the No. C-11664 recommendation, as contained in Mayor and Council Communication No. C-11664, was adopted, with Council Member Webber voting "No". Presentation of M&C There was presented Mayor and Council Communication No. C-11665 from the City No. C-11665 - Contrac Manager, as follows: with rreese-Nichols SUBJECT: CONTRACT WITH FREESE-NICHOLS FOR THE PLAN REVISION AND for the Plan Revision CONSTRUCTION PHASE SERVICES FOR S.E. LANDFILL and Construction Phase Services for S.E. Landfill RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute the following bond fund transfer: FROM TO AMOUNT REASON 32-001100-00 32-001105-00 $418,971 Fund con- S.E. Landfill Construction sultant Phase Engineer- contract. ing Services 2. Execute a contract with the firm of Freese -Nichols, Inc. providing for plan revision and construction phase services for S.E. Landfill in an amount not to exceed $418,971. 3. Terminate City Secretary Contract 12609 as amended and transfer any unexpended obligated funds to the appropriate source accounts. BACKGROUND: On May 11, 1982 (M&C C-6292), the City Council authorized a contract with the firm of Freese -Nichols, Inc. for the engineering design and limited construction supervision of the expansion of the Southeast Sanitary Landfill. That contract has been amended numerous times in order to provide the additional services required to comply with changing state and federal regulations. The public hearing phase for the landfill expansion was protracted due to the opposition of public entities, corporate bodies, and private citizens. Nevertheless, a permit was granted by the Texas Department of Health on November 22, 1988 with .numerous stipulations regarding the construction and operation of the site. Minutes of City Council M-3 Page 28 TUESDAY, MAY 30, 1989 M&C No. C-11665 Those -stipulations in the permit require a higher level of (Continued) construction supervision and geotechnical monitoring than was contemplated in the original contract. Since the previous contract is substantially complete except for the construction phase, staff has chosen to write a new contract rather than amend the existing contract. Adoption of II&C No. C-11665 Presentation of M& No. C-11666 - Agre ment with Biscayne Properties, Inc. for Maintenance and Operation of a Wastewater Treat ment t= aci 1 i ti es/ Spinks Airport The services required in order to comply with the permit stipulations involve plan revisions to comply with the most recent regulations, full time supervision of construction by a professional engineer, and extensive soil sampling and testing during the construction of the slurry trench wall and embankments. Freese and Nichols has offered to provide these services on an hourly rate basis of 2.3 times the salary cost of its employees engaged on the project. Salary cost shall be equal to the cost of salaries for the employee's time directly chargeable to the project plus 41% for social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, applicable vacation and holiday time as listed in the manual, professional practice of General Engineering Services, published by the Texas Society of Professional Engineers, 1972 Edition. Any authorized subcontract work shall be charged at actual cost plus 15%. Communications, printing, and reproduction will be charged at current commercial rates. Survey control will be set by City of Fort Worth crews and quantity verification will also be accomplished by City survey crews. In no case will the total charges by Freese -Nichols, Inc. for their work exceed the sum of $418,971 without further contract amendment. FINANCING: Sufficient funds are available in City Landfill Improvement Fund 32, Project No. 001100-00, Southeast Landfill Modifications. Expenditures will be made using Index Code 682229. Funding for City forces will be established upon award of the construction contract. On motion of Council Member Gilley, seconded by Council Member Murrin, the recommendations, as contained in Mayor and Council Communication No. C-11665, were adopted. There was presented Mayor and Council Communication No. C-11666 from the City Manager, as follows: SUBJECT: AGREEMENT WITH BISCAYNE PROPERTIES, INC. FOR MAINTENANCE AND OPERATION OF A WASTEWATER TREATMENT FACILITIES/SPINKS AIRPORT RECOMMENDATION: 1. City Council authorize the City Manager to enter into an agreement for the maintenance and operation of a wastewater collection and treatment system at Fort Worth Spinks Airport; and 2. City Council authorize the expenditure of funds not to exceed $4,000 for refurbishment, repair and clean-up of the collection and treatment facility. DISCUSSION:.. On May 31, 1983 (M&C L-7698), the City purchased approximately 45 acres from Marshalsea, Inc., for .creation and construction of an airport in south Fort Worth. In addition to the purchase price of $1,318,000, Marshalsea agreed that the existing runway serving the then existing Oak Grove Airport would be closed to air traffic when construction of the new airport was complete. Marshalsea agreed to lease the 45 acres with buildings from the City during the construction phase of the new airport for $6,000 per month. Under the lease agreement, utilities including water, sewer and electrical services were to be the responsibility of Marshalsea. This agreement appeared to work quite well for all parties concerned. However, in early 1985, monthly rental payments to the Aviation Department ceased. The City property began to lose tenants and Marshalsea subleased the area to a third party. By the end of the lease period, the Aviation Department was owed over $150,000 and Marshalsea, Inc., filed bankruptcy. Immediate action was initiated by the Aviation Department and a new F.B.O. was found for the eastside facility of the then complete Fort Worth Spinks Airport. Utility problems began to surface soon after the new F.B.O. took over. The water well located on private Minutes of City Council M-3 Page 29 00 TUESDAY, MAY 30, 1989 M&C No. C-11666 property owned by Q Company and providing service to not only that (Continued) portion of Oak Grove purchased by the City but also the remaining area .of the old airport (approximately 145 acres) broke down. Subsequently, Council authorized an expenditure $12,000 for repair of the well and the execution of a lease (at 1.00 per year) for the well site and all water facilities. Presently, we are now faced with a situation similar to that of the water well. The wastewater collection and treatment system is located on vacant land owned by Biscayne Properties, Inc. This facility serves as the treatment plant for all the improved properties located on the City -owned property as well as Q Company Property and the remainder of Marshalsea Property (aka Spinks Industries, Inc.). Apparently Biscayne Properties believed the maintenance of the plant was being performed by the other property owners. This was not true .and the plant presently is inoperable and in need of refurbishment and cleaning to allow operations and keep the permit as issued by the State of Texas Water Commission intact. The City presently is faced with three alternatives: 1) Extend City sanitary sewer mains from the west side of the airport to the east side at an estimated cost of $800,000; 2) Install a septic system for the tenants located on the City property at an estimated cost of $9,500; and 3) Repair and refurbish the existing facility at a cost not .to exceed $4,000. Alternative 1) is too expensive and Alternative 2) is a temporary fix which would last approximately 3 years. Alternative 3) would be in the City's best interest as the plant is capable of providing many years of services at a minimum maintenance cost of approximately $200.00 per month. The operation of this plant would provide the time necessary for normal development to occur along the east side which would necessitate that water and sewer mains be extended at developer's expense. The maintenance fee of $200.00 for monthly maintenance and chemicals would be borne by the City's fixed base operator servicing the east side property. FINANCING: Sufficient funds are available in Subsidiary Account no. 122-400000, Real Property, Index Code 000018 ($3,000) and in Fund 40, Aviation Department, South Fort Worth Airport Operations, Account No. 55-20-02, Index Code 335554 ($1,000). Adoption of M&C On motion of Council Member Gilley, seconded by Council Member Murrin, the No. C-11666 recommendations, as contained in Mayor and Council Communication No. C-11666, were adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11667 from the City No. C-11667 - Police Manager, as follows: Department Supervisor Workshop Agreement SUBJECT: POLICE DEPARTMENT SUPERVISORY WORKSHOP AGREEMENT WITH with Murphy and Asso- MURPHY AND ASSOCIATES, INC. ciates, Inc. RECOMMENDATION: It is recommended that the City Council: 1. Accept a donation from the Fort Worth Police Officers' Awards Foundation for $5,000 into the Special Gift Fund 88, Project No. 035001-00, Citizens Gifts to the Police Department; 2. Authorize the transfer of $5,000 from the Special Gift Fund 88, Project 035001-00, Citizen Gifts to the Police Department, to General Fund 01, Police Department Account No. 35-24-00; 3. Approve the attached Supplemental Appropriation Ordinance increasing estimated receipts in the General Fund 01 and increasing appropriations in General Fund 01, Police Department Training Division, Account No. 35-24-00 by $5,000; 4. Authority the City Manager to enter into an agreement with Murphy and Associates, Inc. to conduct supervisory skills workshops for the Police Department in the amount of $10,346. DISCUSSION: It has been considerable time since a job analysis and needs assessment has been completed for the first line supervisor position of police sergeant. Because of decentralization and advancements in technology there have been increasing demands on Minutes of City Council M-3 Page 30 3Z TUESDAY, MAY 30, 1989 M&C No. C-11667 this position that make training a necessity if the supervisors are (Continued) to keep pace with their environment. Through discussions with supervisors and a review of operations it was learned that the standard catalogue type supervisory courses would no longer meet the needs of the Police Department. Therefore, the Police Training Division staff designed a proposal which would divide the department's 106 sergeants into four groups. Each of these groups would meet for a period of no more than three days. Discussions would take place concerning barriers to job performance and agreement would be reached as to effective strategies which would overcome them. Additionally, agreement would be reached concerning specific skills necessary to carry out the duties of police sergeant. At the conclusion of each workshop a spokesperson would be selected by the group and assigned to police training. Thus, four individuals would be assigned to the staff to design an effective training program based upon the needs as identified by all participants as well as management. Once the curriculum is developed it will be provided to all police sergeants. Because of limited internal resources an outside facilitator was deemed necessary to the success of the program. Several firms and individuals were contacted regarding their willingness to conduct the workshops as designed by the Training Division. They either disagreed with the scope of the work to be performed of their prices were prohibitive. During this time, Richard Ayres, formerly of the Management Sciences Unit of the F.B.I. National Academy in Quantico, Virginia, retired and went into private consultation work with Murphy and Associates, Inc. in Fairfax, Virginia. Mr. Ayres is well known to the Police Department having developed and instructed senior staff in a three day Executive Development School in Fort Worth in 1987. This school received some of the highest ratings ever given a program of its type by departmental personnel. Mr. Ayres was contacted and advised the department that he had utilized the proposed training concept suggested by the Training Division on numerous occasion and that it was an acceptable approach to the development of an overall training program. Mr. Ayres submitted a proposal to conduct four workshops and a follow-up session for group leaders for a total fee of $10,346 which includes meals, lodging and transportation. On May 4, 1989, the Fort Worth Police Department submitted a request to the Fort Worth Police Officers' Awards Foundation to fund these workshops. The board at that time unanimously voted to approve funding in the amount of $5,000 if the city would provide the remaining $5,346. The Police Department's training registration cost per participant equates to approximately $50, an amount which is considered very reasonable when compared with other programs of this type. The Chief of Police considers this series of workshops to be one of the highest priority training programs for this year and believes that Mr. Ayres' participation is-vital,to the success of the program. FINANCING: Upon adoption of the supplemental appropriation ordinance, sufficient funds will be available in General Fund 01, Account No. 35-24-00, Police Department. Expenditures will be made from Index Code 272559. Adoption of 14&C On motion of Mayor Pro tempore Williams, seconded by Council Member Gilley, the No. C-11667 recommendations, as contained in Mayor and Council Communication No. C-11667, were adopted. Adoption of Ordinance Mayor Pro tempore Williams introduced an ordinance and made a motion that it No. 10317 - Increasin be adopted. The motion was seconded by Council Member Gilley. The motion, carrying Estimated Receipts of with it the adoption of said ordinance, prevailed by the following vote: General Fund 01 and Increasing Appropria- AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, tions in General Fund Garrison, Granger, McCray, Murrin, Webber, and Chappell 01, Police Department Training NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 10317 ORDINANCE NO. 10317 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL GIFT FUND, FUND 88, PROJECT 035001-00, CITIZEN'S GIFT TO THE POLICE DEPARTMENT, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989 BY THE SUM OF $5,000 AND APPROPRIATING SAID $5,000 TO THE SPECIAL GIFT FUND, FUND 88, PROJECT 035001-009 CITIZEN'S GIFTS TO THE POLICE DEPARTMENT, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE GENERAL FUND TO BE USED FOR FUNDING A SUPERVISORY SKILLS WORKSHOP FOR THE POLICE DEPARTMENT; 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 M-3 Page 31 -3a TUESDAY, MAY 30, 1989 Ordinance No. 10317 SECTION 5. This ordinance shall take effect and be in (Continued) full force and effect from and after the date of its passage, and it is so ordained. Presentation of I4&C There was presented Mayor and Council Communication No. C-11668 from the City No. C-11668 - Contract Manager, as follows: for the Installaton of Community raciliti s SUBJECT: CONTRACT FOR THE INSTALLATION OF COMMUNITY FACILITIES - Quail Ridge Estates QUAIL RIDGE ESTATES III III RECOMMENDATION: t is recommended that: 1) The following bond fund transfer be approved: FROM TO AMOUNT REASON 90-136901-00 90-136105-00 $1,749 To provide New Development Quail Ridge funds for Unspecified Estates III City's cost of street construction 90-136901-00 90-136105-00 $ 105 To provide New Development Quail Ridge funds for Unspecified Estates III City's cost of street design engineering. 2) The City Manager be authorized to reimburse the developer for the City's share of cost for street improvements upon satisfactory completion of the same; and 3) The City Manager be authorized to execute the Community Facilities agreement with the developer, Wedgwood Baptist Church. DISCUSSION: Wedgwood Baptist Church, acting by and through Ross Hart, its duly authorized Trustee, the developer of Quail Ridge Estates III, has executed a proposed contract of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows and subject to actual bid price: PROJECT COST AND FINANCING DEVELOPER CITY TOTAL Water 250 $ -0- $ 250 Sanitary Sewers 4,670 -0- 4,670 Street Improvements Construction 32,538 1,749 34,287 Design Engineering -0- 105 105 Engineering and Administration -0- 3,600 3,600 Storm Drains Construction 12,980 -0-- 12,980 Design Engineering -0- -0- -0- Engineering and Administration -0- 1,493 1,493 Street Lights 8,800 -0- 8,800 Street Name Signs 80 -0- 80 Total $59,318 $6,947 $66,265 Water facilities, sanitary sewers, street paving with curb and gutter, storm drainage, street lighting and street name signs, will be installed in accordance with standard policies for the installation of community facilities. The contract includes City participation in the cost of streets. Upon approval and completion of Recommendation 1, sufficient funds in the amount of $19854 will be available in the New Development Fund 90, Quail Ridge Estates III, Project No. 136105-00. Sufficient funds are available in New Development Fund 90, Project No. 095105-00, Engineering Salaries, to finance engineering and administrative costs. The expenditures will be made out of Index Codes 621318 and 621227. PLAN COMMISSION APPROVAL: On March 2T,--198-5, the City Plan Commission approved the preliminary plat (P-85-14 Rev.) for Quail Ridge Estates Addition. A short form final plat (FS -88-108) has been submitted to City staff for review. Adoption of 14&C It was the consensus of the City Council that the recommendations, as contained in No. C-11668 Mayor and Council Communication No. C-11668, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11669 from the City C-11569 - Extension Manager, as follows: of Contract with Auto mated As Custom rood SUBJECT: EXTENSION OF CONTRACT WITH AUTOMATED & CUSTOM FOOD Services,Inc. for SERVICES, INC. FOR MUNICIPAL BUILDING SNACK BAR Municipal Building CONCESSION Snack Bar Concession Minutes of City Council M-3 Page 32 3 ( J TUESDAY, MAY 30, 1989 M&C No. C-11669II RECOMMENDATION: (Continued) It is recommended that the City Council authorize the City Manager to extend the existing contract, Contract #13735 with Automated & Custom Food Services, Inc., to continue operation of the Municipal Building Snack Bar for a period not to exceed six months. DISCUSSION: On March 20, 1984 (M&C C-8273) the City Council authorized a contract with Automated & Custom Food Services, Inc. to operate the employee snack bar. The original contract was for a period of two years with an annual option to renew for three additional one-year periods. The contract was executed on May 17, 1984 and renewed by M&C C-9719 on June 24, 1986. DISCUSSION: . On October 25, 1988 (M&C C-11261), the City Council authorized the City Manager to execute a design services contract in the amount of $329,000 with the firm of Gordon Swift, Consulting Engineers, for design of Meacham Boulevard including overpass over Burlington Northern Railroad. This contract was assigned City Secretary Contract No. 16723 and consists of two stages. Stage 1 calls for preparation of right-of-way maps, field note descriptions, deed documents for right-of-way, and execution of required Community Facility Agreements along the route of this project. Stage 2 consist of the preparation of necessary plans and specifications and contract documents for the construction of this project. At the direction of the City Council, a stipulation was included in the contract setting the completion of Stage 1 as a condition for notice to proceed for Stage 2 of this contract. Stage 1, with the help of the Meacham Boulevard Committee, has been substantially completed. Two of the three major property owners having frontage on Meacham Boulevard have dedicated the necessary right-of-way and signed Community Facility Agreements which are currently being processed. A third major property owner, (Belgian American Investment & Trade, Inc.), has declined to cooperate. Nevertheless, staff recommends the completion of design and construction of this project with the exception of the section abutting the Belgian American Investment & Trade, Inc. property. That section will be completed at the time the property develops and will be paid for primarily by the developer. PROJECT COST AND FINANCING: Sufficient funds have already been provided in Street Improvements Fund 30, Project No. 023191-00, Meacham Boulevard Overpass, to finance this design work. Expenditures will be made from Index Code 680405. Adoption of MSXC It was the consensus of the City Council that the recommendation, as contained in Mayor No. C-11670 and Council Communication No. C-11670, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11671 from the City No. C-11671 - Design Manager, as follows: Services Contract for Reconstruction of Summit Avenue Minutes of City Council M-3 Page 33 As the space allotted for the third floor cafeteria is currently under construction, it is recommended that the current contract be extended until completion of this area. FINANCING• The Snack Bar is a self-supporting operation. Automated & Custom Food Services, Inc. will return to the City not less than $1,100 per month of the revenue received, as stated in the original contract. Adoption of MMC It was the consensus of the City Council that the recommendation, as contained in Mayor No. C-11669 and Council Communication No. C-11669, be adopted. There was presented Mayor and Council Communication No. C-11670 from the City Presentation of M&C Manager, as follows: Pio. C-11670 - Notice to Proceed for Design SUBJECT: NOTICE TO PROCEED FOR DESIGN SERVICES FOR CONSTRUCTION OF Services for Construc MEACHAM BOULEVARD AND OVERPASS OVER BURLINGTON NORTHERN tion of Meacham Blvd RAILROAD (GORDON SWIFT, CONSULTING ENGINEERS) and Overpass Over. Burlington northern RECOMMENDATION• Railoroad It is recommended that the City Council authorize the Director of Transportation and Public Works to issue a Notice to Proceed for Stage 2 of the design work for Meacham Boulevard Overpass under City Secretary Contract No. 16723 with Gordon Swift, Consulting Engineer. DISCUSSION: . On October 25, 1988 (M&C C-11261), the City Council authorized the City Manager to execute a design services contract in the amount of $329,000 with the firm of Gordon Swift, Consulting Engineers, for design of Meacham Boulevard including overpass over Burlington Northern Railroad. This contract was assigned City Secretary Contract No. 16723 and consists of two stages. Stage 1 calls for preparation of right-of-way maps, field note descriptions, deed documents for right-of-way, and execution of required Community Facility Agreements along the route of this project. Stage 2 consist of the preparation of necessary plans and specifications and contract documents for the construction of this project. At the direction of the City Council, a stipulation was included in the contract setting the completion of Stage 1 as a condition for notice to proceed for Stage 2 of this contract. Stage 1, with the help of the Meacham Boulevard Committee, has been substantially completed. Two of the three major property owners having frontage on Meacham Boulevard have dedicated the necessary right-of-way and signed Community Facility Agreements which are currently being processed. A third major property owner, (Belgian American Investment & Trade, Inc.), has declined to cooperate. Nevertheless, staff recommends the completion of design and construction of this project with the exception of the section abutting the Belgian American Investment & Trade, Inc. property. That section will be completed at the time the property develops and will be paid for primarily by the developer. PROJECT COST AND FINANCING: Sufficient funds have already been provided in Street Improvements Fund 30, Project No. 023191-00, Meacham Boulevard Overpass, to finance this design work. Expenditures will be made from Index Code 680405. Adoption of MSXC It was the consensus of the City Council that the recommendation, as contained in Mayor No. C-11670 and Council Communication No. C-11670, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11671 from the City No. C-11671 - Design Manager, as follows: Services Contract for Reconstruction of Summit Avenue Minutes of City Council M-3 Page 33 3 1. TUESDAY, MAY 30, 1989 M&C No. C-11671 SUBJECT: DESIGN SERVICES CONTRACT FOR RECONSTRUCTION OF SUMMIT (Continued) AVENUE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON 67-095901-00 67-040208-00 $26,000 To fund consultant Engineering Summit Avenue, contract Unspecified 100' South of Rio Grande to Lancaster Avenue 2. Execute a design contract with Everage, Smith, Farrington & Associates, Inc., in the amount of $26,000 for design of the reconstruction of Summit Avenue from 100' South of Rio Grande Street to Lancaster Avenue and Rio Grande Street from Summit Avenue 200' eastward.. DISCUSSION: Proposition No. 1 of the Capital Improvement Program approved by the voters on March 22, 1986, included the reconstruction of Summit Avenue from Vickery Boulevard to Pennsylvania Avenue. This section of Summit Avenue has been included in the proposed realignment of I-30 and, is scheduled to be reconstructed by the SDHPT. Since this part of Summit no longer needs to be provided for, staff recommends the reconstruction of the section of Summit Avenue from immediately north of the proposed I-30 realignment to Lancaster Avenue. The existing hot mix asphaltic pavement on this section of Summit Avenue currently requires a high level of maintenance, and existing drainage facilities are inadequate. SCOPE OF PROJECT: The scope of this project involves the realignment and reconstruction of Summit Avenue and Rio Grande Street. Included are approximately 0.3 miles of reinforced concrete roadway of various widths, with attached curbs. Required storm drain improvements will also be included in this project. : The local consulting firm of Everage, Smith, Farrington & Associates, Inc. has agreed to perform the required engineering design services for improvements to Summit Avenue and Rio Grande Street for a fee based on established hourly rates. The rates and total fees have been reviewed by staff, and they compare favorably to those listed in the manual for Professional Practice for General Engineering Services published by the Texas Society of Professional Engineers, 1982 Edition. Any authorized subcontract work will be charged at the actual cost of the work plus a ten percent (10%) service charge. The City of Fort Worth will furnish survey data and soils testing and will prepare necessary right-of-way maps and field notes for right-of-way and easement requirements. Everage, Smith, Farrington & Associates, Inc., has complied with the City's minority business enterprise policy for this proposed contract. Everage, Smith, Farrington & Associates, Inc., agrees to complete the required services in the following phases: Phase 1 - Submit concept plans, preliminary estimate, and report within 30 calendar days after authorization to proceed. Phase 2 - Submit preliminary plans and draft specifications within 30 calendar days after receipt of comments from concept plan review. Phase 3 - Submit final plans and specifications* within 15 calendar days following receipt of comments from final plan review. Phase 4 - Submit final plans and specifications within 10 calendar days after receipt of comments rom final plan review. A benefit hearing for assessments will be scheduled as soon as possible upon completion of Phase 1. If assessments are approved and levied by City Council, staff will direct the consultant to complete the design contract. If the project does not proceed, the Minutes of City Council M-3 Page 34 35 TUESDAY, MAY 30, 1989 M&C No. C-11671 design contract will be immediately terminated and the consultant (Continued) paid for services actually performed and for actual expenses incurred as of the date of termination. PROJECT COST AND FINANCING: . Sufficient funds are available to transfer from Street Improvement Fund 67, Project No. 095901-00, Engineering Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Project No. 040208-00, Summit Avenue and Rio Grande Street. Expenditures will be made from Index Code 630202. Sufficient funds are available in Fund 67, Project No. 095105-00, Engineering Salaries, for inspection, engineering and administrative costs. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. C-11671 Mayor and Council Communication No. C-11671, be adopted. Presentation of MAC There was presented Mayor and Council Communication No. C-11672 from the City No. C-11672 - Pro- Manager, as follows: posed Change Order No. 9 alterations SUBJECT: PROPOSED CHANGE ORDER NO. 9 ALTERATIONS AND ADDITON TO and Addition to the THE FIRE AND POLICE ACADEMY (Ed A. Wilson, Inc.) Fire & Police Acade (Ed A. Wilson, Inc.) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve Change Order No. 9 to City Secretary Contract No. 16275 with Ed A. Wilson, Inc., for construction of the Alterations and Additions to the Fire and Police Academy in the amount of $2,880.00, increasing the total contract amount to $1,512,583.12. DISCUSSION: On February 16, 1988 (M&C C-10804), the City Council authorized the City Manager to execute City Secretary Contract No. 16275 with Ed A. Wilson, Inc., to construct the Alterations and Additions to the Fire and Police Academy at 1000 Calvert Street in the original amount of $1,389,000.00. On April 13, 1988, Change Order No. 1 was approved in the amount of $2,275.00, to (a) omit the reinforced concrete liner from the drainage flume, (b) add Alternate No. 2 of the contract documents, and (c) omit four skylights on the space frame module. On June 2, 1988, Change Order No. 2 was approved in the amount of $2,029.00 to (a) reroute electrical cables, (b) delete four (4) skylights in the corridor, (c) provide extra floor drains, and (d) remove surplus 1" diameter water main. On October 4, 1988, Change Order No. 3 was approved in the amount of $40,836.00 to a) provide drainage from burn pad, b) saw cut joints in the concrete slabs, c) provide a light dimming system in the auditorium, d) remove existing wooden floor and place concrete topping in the old weight room, and e) provide fill to elevate the burn pad. On November 1, 1988, Change Order No. 4 was approved in the amount of $3,451.00 to provide extra paving and sidewalk, to install new doors and to saw cut concrete in the storage area. On December 8, 1988, Change Order No. 5 was approved in the amount of $16,440.00 to provide additional drywall, fire lane striping, additional brickwork, painting in existing building, providing revised door hardware, an additional roof drain, draft stops under staging in classrooms and other miscellaneous items. On January 10, 1989, Change Order No. 6 was approved in the amount of $32,756.00 to provide fuel storage tanks, waste water discharge system, sump pump, and holding tank for the burn pad; to provide additional electrical power outlets, halogen lights and sheet rock for the auditorium; and, to provide additional concrete curb for the burn pad and concrete footings for the retaining walls. On February 21, 1989, Change Order No. 7 was approved in the amount of $9,147.00 to provide a low voltage buzzer, a ventilator at the existing kitchen hood, a stainless steel sink in the kitchen, additional flooring and painting; to provide conduit and boxes for extra phones; to pull audio visual (AV) cables throughout the building; to change two 3'0" doors to 3'6" doors; to provide two 2" gas regulators; and, to excavate and dispose of surplus material. On April 11, 1989, Change Order No. 8 was approved in the amount of $13,769.12 to provide additional audio visual cable, additional Minutes of City Council M-3 Page 35 36 TUESDAY, MAY 30, 1989 M&C No. C-11672 electrical work; extra ceramic tile, vinyl tile and carpets; extra (Continued) fury down, sheet rock and ceiling to Room 127; and to reduce opening in Room 75. REQUIREMENTS FOR PROPOSED CHANGE ORDER NO. 9: Proposed Change Order No. 9 is reauired to: 1. Provide carpeted tack -board to reception cubicles. 2. Paint existing walls in Rooms 30 and 55, and paint exposed ductwork in Room 124. 3. Clean existing ceiling grid in Room 72. 4. Relocate A/V conduits and cables in Rooms 130, 133, 139 and 142. Add electrical outlets in Rooms 28 and 36 (5 total). Provide 2 threeway switches in Room 72 and one . single pole switch in Room 74. Provide conduit and cable for power source to A/C time clocks. 5. Provide extra vinyl cove base in Library Room; and to Rooms 207 and 205. 6. Provide labor and materials to landscape area adjacent to the service yard, and plant rose bushes provided by the City. 7. Credit cost of labor for not hooking -up sump pump at burn pad, as requested by Fire Department. Total for Proposed Change Order No.,9 ADD $ 165.00 ADD $ 541.00 ADD $ 138.00 ADD $1,040.00 ADD $ 281.00 ADD $1,070,00 CREDIT $ 355.00 ADD $2,880.00 Staff believes these prices are fair and reasonable for the proposed work.. EFFECT OF PROPOSED CHANGE ORDER NO. 9: Original Contract Amount: $1,389,000.00 Approved Change Orders Nos. 1 through 8: $ 120,703.12 Proposed Change Order No. 9: $ 2,880.00 Proposed New Contract Amount: $1,512,583.12 Approval of proposed Change Order No. 9 and previously approved Change Orders would represent a net increase of 8.90% over the original contract amount. FINANCING: Sufficient funds are available in Public Safety Improvement Fund 07, Project No. 011200-00, Training Center Classrooms, to finance this change order. Expenditure would be from Index Code 616201. Adoption of M&C It was the consensus of the City Council that the recommendation, as contained in Mayor No. C-11672 and Council Communication No. C-11672, be adopted. Presentaton of M&C There was presented Mayor and Council Communication No. C-11673 from the City No. C-11673 - Pro- Manager, as follows: posed Amendment - IH 35W Environmental SUBJECT: PROPOSED AMENDMENT - IH 35W ENVIRONMENTAL ASS:SSIENT - Assessment - Unit II UNIT II (NED K. BURLESON & ASSOCIATES) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to approve the following bond fund transfer: Minutes of City Council M-3 Page 36 27 TUESDAY, MAY 30, 1989 M&C No. C-11673 FROM TO AMOUNT PURPOSE (Continued) 90-037901-00 90-136065-00 $8,505.00 To provide Development. I -35W Corridor funds for Adjacent to Environmental consultant's Parks Study -Unit II fees. 2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 16286 with Ned K. Burleson & Associates,. Inc., for additional services in connection with the environmental assessment of highway improvements on IH -35W from SH 114 to IH 170, increasing the consultant's fee by $8,505.00, from $56,000.00 to $64,505.00. DISCUSSION• On March 1, 1988 (M&C C-10823), the City Council authorized the City Manager to execute a contract with the consulting firm of Ned K. Burleson & Associates, Inc., to undertake an environmental assessment of proposed highway related improvements along IH -35W from SH 114 in Denton County to the proposed Northpass Freeway (SH 170) in Tarrant County. The study was to be based on traffic projections and other criteria furnished by the State Department of Highways and Public Transportation (SDHPT). The consultant completed the first draft of the final report based on SDHPT furnished Year 2010 traffic. projections Subsequently, the SDHPT provided more refined Year 2015 traffic projections and directed that all analyses relating to the IH -35W Corridor development be based on these latter figures. The Year 2015 traffic projections have a significant impact on the various studies, especially the noise and air quality analyses of the environmental assessments. Ned K. Burleson & Associates, Inc. proposes to review the noise and air quality analyses, and to revise other aspects of the report to reflect the SDHPT's written comments, for an additional lump sum fee of $8,505.00, bringing the total lump sum fee to $64,505.00. Staff considers this additional fee to be fair and reasonable for the extra work involved. PROJECT FINANCING: Sufficient funds are available for transfer from New Development Fund 90, Project No. 037901-00, Development Adjacent to Parks. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in New Development Fund 90, Project No. 136065-00, I -35W Corridor Environmental Study - Unit II. The expenditure will be made from Index Code 621375. Adoption of M&CII It was the consensus of the City Council that the recommendations, as contained in No. C-11673 Mayor and Council Communication No. C-11673, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11674 from the City No. C-11674 - Change Manager, as follows: Order No. 1 Keller - Haslet Road & Heritage SUBJECT:. CHANGE. ORDER NO. 1 KELLER-HASLET ROAD AND HERITAGE Parkway (Alliance PARKWAY (ALLIANCE AIRPORT) Airport) RECOMMENDATION: It is recommended that the City Council approve the Change Order No. 1 in the amount of $23,400.00 and authorize the City Manager to increase City Secretary Contract No. 16916 with Orval Hall Excavating/Concho Construction Joint Venture to $4,008,930.79 and 227 calendar days to construct Keller -Haslet Road and Heritage Parkway at Alliance Airport. DISCUSSION: On January 17, 1989 (M&C C-11417), the City Council awarded a contract in the amount of -$3,985,530.79 to Orval Hall Excavating/Concho Construction Joint Venture to construct Keller -Haslet Road and a short section of Heritage Parkway from Keller -Haslet Road to Henrietta Creek at Alliance Airport. This contract was assigned City Secretary Contract No. 16916. Work on this contract is well underway. PROPOSED CHANGE ORDER NO. 1: A 60" storm drain is planned to be installed as part of the Heritage Parkway/Alliance Boulevard contract (bids received April 20, 1989) in a location covered by the Keller-Haslet/Heritage Parkway contract. This would result in the removal of certain work Minutes of City Council M-3 Page 37 TUESDAY, MAY 30, 1989 M&C No. C-11674 items which would be complete by the time the Heritage (Continued) Parkway/Alliance Boulevard contractor is ready to install the pipe. Therefore, it is proposed that 200 linear feet of 60" reinforced concrete pipe be installed as part of this contract. The 200 ft. of 60" RCP will subsequently be deleted from the Heritage Parkway/Alliance Boulevard project. This will effectively reduce the overall cost of the project by eliminating the removal of completed work. The contractor has agreed to install this additional storm drain pipe at a unit price of $117.00 per lineal foot, or a total of $23,400.00, and seven (7) additional calendar days. Engineering staff has reviewed this proposal and find it to be fair and proper to eliminate unnecessary rework. PROJECT COST AND FINANCING: Original Contract Cost: $3,985,530.79 Proposed Change Order No. 1: $ 23,400.00 Proposed Contract Cost: $4,008,930.79 Approval of proposed Change Order No. 1 will result in a 0.59% increase to the original contract amount. FINANCING: Sufficient funds are available in New Development Fund 90, Project No. 136061-00, Keller -Haslet Road, to finance this Change Order. The expenditure will be made from Index Code 621458. Adoption of M&C It was the consensus of the City Council that the recommendation, as contained in Mayor No. C-11674 and Council Communication No. C-11674, be adopted. Presentation of M&C There was presented Mayor and Council Communication No. C-11675 from the City No. C-11675 - Pro- Manager, as follows: posed Amendment - IH SUBJECT: PROPOSED AMENDMENT - IH 35W ENVIRONMENTAL ASSESSMENT - 3511 Envrionmental UNIT I (TURNER, COLLIE & BRADEN, INC.) Assessment - Unit I RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to approve the following bond fund transfer: FROM TO AMOUNT PURPOSE 90-037901-00 90-136064-00 $5,462.00 To provide Development I -35W Corridor funds for Adjacent to Environmental Consultant's Parks Study - Unit I Fees 2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 16297 with Turner, Collie & Braden, Inc., for additional services in connection with the environmental assessment of highway improvements on IH -35W from SH 170 to IH 820, increasing the consultant's fee by $5,462.00, from $66,761.35 to $72,223.35. DISCUSSION: On March 1, 1988 (M&C C-10822), the City Council authorized the City Manager to execute a contract with the consulting firm of Turner, Collie & Braden, Inc., to undertake an environmental assessment of proposed highway related improvements along IH -35W from the proposed Northpass Freeway (SH 170) to North Loop 820. The study was to be based on traffic projections and other criteria furnished by the State Department of Highways and Public Transportation (SDHPT). The consultant completed the first draft of the final report based on SDHPT furnished Year 2010 traffic projections. Subsequently, the SDHPT provided more refined Year 2015 traffic projections and directed that all analyses relating to the IH -35W Corridor development be based on these latter figures. The Year 2015 traffic projections have a significant impact on the various studies, especially the noise and air quality analyses of the environmental assessments. Turner, Collie & Braden, Inc. proposes to review the noise and air quality analyses, and to revise other aspects of the report to reflect the SDHPT's written comments, for an additional lump sum fee of $5,462.00, bringing the total lump sum fee to $72,223.35. Staff considers this additional fee to be fair and reasonable for the extra work involved. Minutes of City Council M-3 Page 38 TUESDAY, MAY 30, 1989 M&C No. C-11675 PROJECT FINANCING: (Continued) Sufficient funds are available for transfer from New Development Fund 90, Project No. 037901-00, Development Adjacent to Parks. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in New Development Fund 90, Project No. 136064-00, I -35W Corridor Environmental Study - Unit I. The expenditure will be made from Index Code 621375. Adoption of M&C It was the consensus of the City Council that the recommendations, as contained in No. C-11675 Mayor and Council Communication No. C-11675, be adopted. Presentation of H&C There was presented Mayor and Council Communication No. FP -2569 from the City No. FP -2569 - Final Manager, as follows: Payment Gould, alar-. ket, Pearl and 21st SUBJECT: FINAL PAYMENT GOULD, MARKET, PEARL AND 21ST STREET Street Assessment Assessment Paving Paving RECOMMENDATION: It is recommended that the City Council: (1) Accept for final payment, Gould, Market, Pearl and 21st Street Assessment Paving; and, . (2) Authorize final payment for Gould, Market, Pearl and 21st Street in the amount of $26,988.25 to Walt Williams Construction Company. PROJECT DESCRIPTION: Project Name: r Gould, Market, Pearl and 21st Street Assessment Paving Project Number: 067-040135-00 076-206080-45 Contract Number: 16539 Contractor: Walt Williams Construction Co. Contract Awarded: June 28, 1988 (M&C C-10950) Work Order Dated: August 23, 1988 Work Order Effective on or Before: September 6, 1988 Work Began: September 6, 1988 Contract Time Began: September 6, 1988 Project Substantially Complete:, February 20, 1989 Final Inspection Made: February 22, 1989 Contract Time Provided: :.80 Working Days Contract Time Used: 82 Working Days PROJECT COST: Original Bid Price: $575,132.06 Earned Contract Price: $552,365.02 Less Liquidated Damages: $ 630.00 (2 days @ $315) Final Contract Price: $551,735.02 Payments Previously Made: 6 Amount of Previous Payments: $524,746.77 Final Payment Due: $ 26,988.25 DEVIATION FROM BID PRICE: Final measured constructed quantities at contract unit prices yield an earned contract price for this contract of $552,365.02 which is $22,767.04 (3.96%) under the bid price. The underrun amount is the result of differences between quantities estimated for the contract documents and quantities actually used to complete the work. CONTRACT TIME: The contractor used two (2) working days in addition to the time allotted for reconstruction. A charge of $315.00 per day has been deducted from the final payment as liquidated damages in accordance with the contract. COMPLIANCE WITH SPECIFICATIONS: The project has been completed in accordance with the requirements of the contract. FINANCING: Sufficient funds are available in Grant Fund 76, Retainage Account No. 205016539 ($4,109.13) and Street Improvements Fund 67, Minutes of City Council M-3 Page 39 M TUESDAY, MAY 30, 1989 M&C No. FP -2569 Retainage Account No. 205016539 in the amount of $22,879.12 to (Continued) finance this final payment. Adoption of M&C It was the consensus of the City. Council that the recommendations, as contained in No. FP -2569 Mayor and Council Communication No. FP -2569, be adopted. Special Hearing It appearing to the City Council that; at the regularly scheduled City Zoning Docket No. Council meeting of May 9, 1989, the City Council set today as the date for special Z-89-28 hearing in connection with the application of Cass 0. Edwards, II, Colleen E. Geren, and Cassco Land Company, Inc., for a change in zoning of property located north of Southwest Boulevard and west of South Hulen Street from "A" One -Family and "F" Commercial to "G" Commercial, Zoning Docket No. Z-89-028, Mayor Bolen asked if there was anyone present desiring to be heard. Jim Schell Appeared Mr. Jim Schell, representing Cass 0. Edwards II, Colleen E. Geren, and Cassco Land Company, Inc., applicant for change in zoning of property located north of Southwest Boulevard and west'South Hulen Street from "A" One -Family and "F" Commercial to "G" Commercial, Zoning Docket No. Z-89-28, appeared before the City Council and amended the application for a change in rezoning from "A" One -Family and "F" Commercial to "PD -G" Planned Development "G" Commercial and advised the City Council that the applicant will agree to all uses allowed in "G" Commercial District except for the following: 1. Banks, savings and loans, and similar financial institutions. 2. Amusement enterprises, including the following (unless any such use is in conjunction with a restaurant or hotel in which case such use shall be permitted): a. Bars b. Beer gardens c. Cocktail lounges d. Lounges e. Nightclubs f. -Taverns g. Dance halls 3. Billiard and pool halls. 4. Bowling alleys. 5. Shooting galleries. 6. Skating rinks.* 7. Baths, turkish and similar massage and health treatments. 8. Drive-in businesses, including refreshment stands, cafes and restaurants, if same are located along Hulen Street or along Overton Plaza Drive east of Kingsridge Road. 9. Garages for repair of automobiles or paint and body shops for automobiles. 10. Pawnshops. 11. Recreational vehicle parks. 12. Self-service or full-service car wash facilities. 13. Sexually oriented businesses, as defined in Section 18(A) of the City of Fort Worth Zoning Ordinance. 14. Teenage clubs. 15. Golf courses, including miniature courses, driving tees, driving ranges and "pitch and putt" courses. 16. Commercial swimming pools. 17. Automobile, motorcycle or trailer sales. 18. Blood banks. 19. Boat sales. 20. Bus stations. 21. Feed stores (provided feed stores for the sale of domestic pet foods are permitted). 22. Mini -warehouses. Minutes of City Council M-3 Page 40 41 TUESDAY, MAY 30, 1989 2-89-28 23. Softball parks. (Continued) 24. Saddle and/or harness repair and sales. 25. Newspaper distribution centers. Mr. Schell also advised the City Council that the applicant has agreed to supplementary building setback and landscape requirements as follows: Supplemental Building Setback and Landscape Requirements: Development adjacent to South Hulen Street or Overton Plaza Drive shall be subject to the following restrictions (unless otherwise restricted): 1. Setbacks - The following building setbacks shall apply (unless otherwise restricted): a. All retail buildings constructed along South Hulen Street, north of the South Hulen/Westdale Street intersection, shall be constructed a minimum of fifty feet (50') from the easternmost property line of the subject property (50' minimum setback). b. All retail buildings constructed along Overton Plaza Drive shall be setback a minimum of thirty feet (30') from the northernmost property line of the subject property (30' minimum setback). Provided, however, Screening walls may be located within the supplemental building setback areas. 2. Landscaping and Screenin - The following landscaping and screening requirements shall apply to any retail uses that are located upon the subject property in the stipulated areas: a. A landscaped area at least twenty feet (20') in width shall be provided along the easternmost property line of the subject property in that area north of the South Hulen/Westdale Street intersection. The minimum planting within such landscaped area shall consist of an average of one tree (either single trunk or multi -trunk) for every twenty-five (25) linear feet of such area. Single trunk trees shall be a minimum of ten feet (10') in height with a minimum trunk caliper of two and one-half inches (2-1/2") measured twelve inches (12") above the root ball. Multi -trunk trees shall consist of yaupon holly or crepe myrtle a minimum of eight feet (8') in height. b. A landscaped area at least ten feet (10') in width shall be provided along the northernmost property line of the Drive. The minimum planting within such area shall consist of an average of one tree (either single trunk or multi -trunk) for every twenty-five (25) linear feet of such area. Single trunk trees shall be a minimum of ten feet (10') in height with a miminum trunk caliper of two and one-half inches (2-1/2") measured twelve inches (12") above the root ball. Multi -trunk trees shall consist of yaupon holly or crepe myrtle a minimum of eight feet (8') in height. Provided, however, screening walls may be located within supplemental landscaped areas. Other Requirements: 1. Access - Direct access to the property from South Hulen Street shall be limited to three driveway openings as follows: a. At the northeast corner of the property along South Hulen Street; b. At the intersection of Westdale and South Hulen Streets; and c. At the southeast corner of the property along South Hulen Street (as far south as permitted by existing access controls). 2. Li htin s - Exterior lighting consisting of security lighting and landscape lighting shall be designed and constructed to provide on-site lighting only. Lighting fixtures shall be utilized which direct site lighting inward and downward to the greatest extent possible while still maintaining adequate levels of lighting for security purposes. Such lighting shall be shielded so as to prevent, beams or rays from being directed toward adjacent residentially zoned properties. 3. Others - Any retail grocery store use on the property shall be located a minimum of two hundred fifty feet (250') west of the easternmost property line of the property. No retail grocery store shall be oriented toward, or front upon, South Hulen Street. Minutes of City Council M-3 Page 41 43, TUESDAY, MAY 30, 1989 Z-89-28 4. Development Regulations - The height and Area Regulations of the "G" (Continued) Commercial District shal l prevail unless supplemented by more 4709 Spring Willow Road; Mr. E.M. Manny Rosenthal, 3950 Sarita Park Drive; Catherine restrictive development requirements outlined in this Ordinance. Straub, Ar.E.M. Manny Westdale Court; Ben Robinson, 4353 Whitfield; and Dan Daggett, 3921 Thistle Lane 5. Site Plan - A site plan is required for the eastern portion of the site Cassco Land Company, Inc., for a change in zoning of property located north of within two hundred fifty feet (250') of the existing west right-of-way Ben Robinson, Dan line of South Hulen Street. The Site Plan requirements for the in Opposition of remainder of the property (west of the existing easternmost two hundred Approval of Zoning feet [250'] of the subject property is waived. Inc., for change in zoning of property located north of Southwest Boulevard and west of Request for Approval Mr.:Schell requested that Zoning Docket No. Z-89-28 be approved and that the site plan of Z-89-28 and site approval be waived. on the remainder of the land covered by Zoning Docket No. Z-89-28 of anything west of plain be waived the 250 feet along Hulen. Mr. Jim Dunaway, representing Cass 0. Edwards II, Colleen E. Geren, and Jim Dunaway Appeared Cassco Land Company, Inc., applicants for a change in zoning of property located north of Southwest Boulevard and west of South Hulen Street from "A" One -Family and "E" Commercial to "G" Commercial, as amended to "PD -G", Planned Development Commercial, Zoning Docket No. Z-89-28, appeared before the City Council and advised the City Council of planned traffic movement in the vicinity of the area covered by Zoning Docket No. Z-89-28 and distributed various proposed intersection configurations. Randall Schmidt Appeared Mr. Randall Schmidt, representing residents in the Westcliff neighborhood, the Willow Lake Townhouse Park neighborhood, Overton Park West neighborhood, and Overton Park neighborhood, appeared before the City Council and expressed opposition to the application of Cass 0. Edwards, II, Colleen E. Geren, and Cassco Land Company, Inc., for a change in zoning of property located north of Southwest Boulevard and west of South Hulen Street from "A" One -Family and "E" Commercial to "G" Commercial, as amended to "PD -G" Planned Development Commercial, Zoning Docket No. Z-89-28, and expressed opposition to the requested waiver of site plan. Mr. Schmidt submitted a petition of residents in the vicinity of the area covered by Zoning Docket No. Z-89-28 in opposition to the proposed change in zoning. At this time, Council Member Webber excused herself from the City Council meeting. Lonnie Robin, Donald Mr. Lonnie Robin, 4300 Sar.ita; Donald Lampe, 3909 Stonehenge Road; C.A. Lampe,%C.A. Riggs, Riggs, 4245 Clearlake Circle; William Evans, 4051 Hildring Drive East; Paul E. Willian Evans, Paul Silberstein, 3637. Somercrest; Dr. J.M. Moudy, 4251 Clearlake Circle; William Straub, E. Silberstein, Dr. 4709 Spring Willow Road; Mr. E.M. Manny Rosenthal, 3950 Sarita Park Drive; Catherine J.H. htoudy, William Straub, 4709 Spring Willow Road; Karen Silverberg, 4212 Inman Court; Jeff Kaitcer, 4270 Straub, Ar.E.M. Manny Westdale Court; Ben Robinson, 4353 Whitfield; and Dan Daggett, 3921 Thistle Lane Rosenthal], Catherine appeared in opposition to the application of Cass 0. Edwards II, Colleen E. Geren, and Straub, Karen Silver- Cassco Land Company, Inc., for a change in zoning of property located north of berg, Jeff Kaitcher, Southwest Boulevard and west of South Hulen Street from "A" One -Family and "F" Ben Robinson, Dan Commercial to "G" Commercial as amended to "PD -G" Planned Development Commercial, Daggett - Appeared Zoning Docket No. Z-89-28. in Opposition of Z-89-38 Council Member Garrison made a motion, seconded by Council Member Murrin, Approval of Zoning that the application of Cass 0. Edwards II, Colleen E. Geren, and Cassco Land Company, Change, Z-89-28 Inc., for change in zoning of property located north of Southwest Boulevard and west of South Hulen Street from "A" One -Family and "F" Commercial to "PD -G" Planned Development Commercial, Zoning Docket No. Z-89-28, be approved and that site plan approval be required for at least 250 feet down Hulen and that the site plan requirement be waived on the remainder of the land covered by Zoning Docket No. Z-89-28 of anything west of the 250 feet along Hulen. Joe Bilardi Appeared Mr. Joe Bilardi, Director of the Development Department, appeared before the City Council and advised the City Council that, in his opinion, a "PD -SU" zoning would be more appropriate than the "PD -G", Planned Development Commercial, as requested by the attorneys for the applicant. City Attorney Adkins City Attorney Adkins advised the City Council that, in view of his not having advised Council that reviewed an opinion written by an Assistant City Attorney relative to uses allowed in PD -G is not Appropiralp specified zoning classifications, his position at the moment is that the "PD -G", at the moment Planned Development Commercial zoning is not appropriate. Council Member Garrison made a substitute motion, seconded by Council Member Murrin, that the application of Cass 0. Edwards II, Colleen E. Geren, and Cassco Land Company, Inc., for change in zoning of property located north of Southwest Boulevard and west of South Hulen Street, Zoning Docket No. Z-89-28, be approved for a change in zoning from "A" One -Family and "F" Commercial to "PD -SU" Planned Development -Special Use and providing that all development regulations in "G" shall apply except as enumerated by Mr. Schell. When the substitute motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Williams; Council -Members Zapata, Garrison, Granger, Gilley, Murrin, and Chappell NOES: None ABSENT: Council Member Webber Minutes of City Council M-3 Page 42 4lo- TUESDAY, MAY 30, 1989 Introduction of Council Member Garrison introduced an ordinance and made a motion that it be Ordinance No. adopted. The motion was seconded by Council Member Murrin. The motion, carrying with 10318 it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Chappell NOES: None ABSENT: Council Member Webber The ordinance, as adopted, is as follows: Ordinance No. 10318 Amending the Compre- ORDINANCE NO. 10318 hensive Zoning Ordi- nance, Ordinance No. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING 3011, as Amended, ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME Same being an Ordi- BEING AN ORDINANCE REGULATING AND RESTRICTING nance Regulating THE LOCATION AND USE OF BUILDINGS, STRUCTURES, and Restricting the AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR Location and Use of OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES Buildings, Structure!, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE and land for Trade, SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET Industry, Residence PARKING AND LOADING, AND THE DENSITY OF or other Purposes, POPULATION, AND FOR SUCH PURPOSES DIVIDING THE the Height, Number of MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, Stories and Size of SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO Buildings and other CARRY OUT THESE REGULATIONS AND SHOWING SUCH Structures, the Size DISTRICTS AND THE BOUNDARIES THEREOF UPON of Yards and other "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, Open Spaces, Off- PURPOSE AND CONFLICT; PROVIDING THAT THIS Street Parking and ORDINANCE SHALL BE CUMULATIVE OF ALL Loading, and the ORDINANCES; PROVIDING A SAVINGS CLAUSE; Density of Population, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A and for...... PENAL CLAUSE; PROVIDING 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 One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Appointment of Coun- Council Member Zapata made a motion, seconded by Council Member Granger, that cil Gilley to Waste Council Member Garey W. Gilley be appointed as the City of Fort Worth representative on Water Advisory Committee Minutes of City Council M-3 Page 42A Minutes of City Council M-3 Page BLK 43 TUESDAY, MAY 30, 1989 Appointment the Waste Water Advisory Committee. When the motion was put to a vote by the Mayor, it (Continued) prevailed unanimously. ' Recessed into It was the consensus of the City Council that the City Council recess into Executive Session executive session to seek and receive advice from its attorney concerning the following matters which are protected from disclosure by the Code of Professional Responsibilities of the State Board of Texas, Canon 4: a. Authority and potential liability of the City and the City Plan Commission with respect to the review, consideration, and approval or disapproval of plats in the City's extraterritorial jurisdiction; and b. Inquiry of the General Counsel of the Public Utility Commission of Texas into the Reasonableness of the Rates and Services of Southwestern Bell Telephone Company (P.U.C. Docket No. 8585): as authorized by Section 2(e) of the Texas Open Meeting Act, Article 6252-17, V.A.C.S. Reconvened into The City Council reconvened into regular session, with eight members present Regular Session and Council Member Webber absent, at which time the following business was transacted: On motion of Council Member Murrin, seconded by Council Member Zapata, the Adjourned City Council was adjourned. CITY SECRETARY *MA Minutes of City Council M-3 Page 43