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HomeMy WebLinkAbout1989/07/11-Minutes-City CouncilCouncil Met Members present Invocation Pledge of Allegiance Minutes of Special meeting and Regula meeting approved Dr. Morrison Wong introduced a new Executive Director 14s. Alma Anderson Presented keys to Frank Peters and Klaus Dedrich fro West Germany Withdrew M&C P-357 and L-9845 from consent agenda Nominated Mr. Davi Fielding to the North Fort Borth Airport Zoning Commission and Ms. Dorothy Sander to the Citizen's Cable Board Liability Bonds CITY COUNCIL MEETING JULY 11, 1989 On the 11th day of July, 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: Mayor Bob Bolen; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia Nell Webber, and David Chappell; City Manager Douglas Harman; City Attorney Wade Adkins; City Secretary Ruth Howard; Mayor Pro tempore Gilley temporarily absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by City Secretary Ruth Howard. The Pledge of Allegiance was recited. On motion of Council Member Webber, seconded by Council Member.Murrin, the minutes of special meeting of July 6, 1989, and regular meeting of July 6, 1989, were approved. Dr. Morrison Wong, Chairman of the Fort Worth Human Relations Commission, introduced the new Executive Director of the Human Relations Commission, Ms. Alma Anderson. Mayor Pro tempore Gilley assumed his place at the Council table at this time. Mayor Pro tempore Gilley presented keys to the City to Messrs. Frank Peters and Klaus Dedrich, guests of Mr. Judson Bailiff from Trier, West Germany. City Manager Harman advised City Council of a typographical error in Mayor and Council Communication No. P-3528 which should read P-3578. Council Member Murrin requested that Mayor and Council Communication Nos. P-3579 and L-9845 be withdrawn from the consent agenda. On motion of Council Member Murrin, seconded by Council Member Webber, the consent agenda was approved. Council Member Granger nominated Mr. David Fielding for membership on the North Fort Worth Airport Zoning Commission and Ms. Dorothy Sanders for membership on the Citizens' Cable Board and made a motion, seconded by Council Member Webber, that Mr. Fielding be reappointed to Place No. 4 on the North Fort Worth Airport Zoning Commission and that Ms. Sanders be appointed to Place No. 4 on the Citizens' Cable Board for a term of office expiring October 1, 1990, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that the.following bonds be approved: CONTRACTORS BONDS McAlister Construction Company Joe Adams & Son, Inc. H.L. Merrill & Son, Inc. M & D Construction Company INSURANCE COMPANY Trinity Universal Insurance Company Employers Mutual Casualty Company Employers Mutual Casualty Company Employers.Mutual Casualty Company Minutes of City Council M-3 Page 250 251 TUESDAY, JULY 11, 1989 Liability Bonds cor k. CEMENT BONDS Otha Holly dba H & B Concrete Western Surety Company Jose Torrez Lawyers Surety Corporation Jim Butler Concrete Universal Surety of America Buford -Thompson Company, Trinity Universal Insurance General Contractors Company Leonard Moore Construction Western Surety Company Company Ralph Charles 1. Ernest Wright Western Surety Company Tuggles Concrete Western Surety Company Caba Construction Company Lawyers Surety Corporation Minutes of City Council M-3 Page 251 BLASTING BOND Ryan Construction Company, Inc. Federal Insurance Company Claims It was the consensus of the City Council that correspondence and/or notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: Ralph Charles 1. Claimant: Ralph Charles Budde Budde Date Received: July 5, 1989 Date of Incident: June 7, 1989 Location of Incident: 6219 Shady Dell Estimate of Damages/ Injuries: $300.00 Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. Martha Louise 2. Claimant: Martha Louise Givens Givens Date Received: July 5, 1989 Date of Incident: May 12, 1989 Location of Incident: Fort Worth Central Library Estimate of Damages/ Injuries: $304.04 Nature of Incident: Claimant alleges injuries as the result of a fall on stairs. Tammy Norma 3. _ Claimant: Tammy Norma Taylor Taylor Date Received: July 5, 1989 Date of -Incident: May 29, 1989 Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of her automobile being sold without proper notification to owner. Frank T.. Burkett 4. Claimant: Frank T. Burkett Date Received: July 5, 1989 Date of Incident: May 4, 1989 Location of Incident: 5340 Quail Run Estimate of Damages/ - Injuries: $2,789.50 - $3,325.00 Nature of Incident: Claimant alleges damages to his property caused by City crew putting in new water line,, Robert B. Beyer 5. Claimant: Robert B. Beyer Date Received:- July 3, 1989 Date of Incident: Approximately May 14 or May 15, 1989 Location of Incident: 2600 Mockingbird Court Estimate of Damages/ Injuries: $51.59 Nature of Incident: Claimant alleges damages to his property as the result of a "no parking" stake being hammered into sprinkler pipe. George David Gibsor 6. Claimant: George David Gibson Date Received: July 3, 1989 Date of Incident: May 26, 1989 Location of Incident: Corner of Irion and Deen Road Estimate of Damages/ Injuries: $1,681.00 - $2,726.97 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (front end tractor). Minutes of City Council M-3 Page 251 252 TUESDAY, JULY 11, 1989 Thomas C. Sherman 7. Claimant: Thomas C. Sherman Date Received: June 29, 1989 Date of Incident: May 31, 1989 Location of Incident: Thannish and Little Street Estimate of Damages/ Injuries: $1,050.00 - $11,102.10 Nature of Incident: Claimant alleges damages and injuries as the result of street conditions. Cynthia Lanette 8. Claimant: Cynthia Lanette Welch or Daniel Welch or Daniel Aervalo Aerval o Date Recei ved: June 29, 1989 Date of Incident: June 12, 1989 Location of Incident: Corner of Olive and Calmont Avenue Estimate of Damages/ Injuries: $1,143.46 - $1,337.90 Nature of Incident: Claimants allege damages and injuries as the result of an accident involving a City -owned vehicle (truck). Michael S. Hodges 9. Claimant: Michael S. Hodges Date Received: June 29, 1989 Date of Incident: February 16, 1989 Location of Incident: Dick Price Road Estimate of Damages/ - Injuries: $114.61 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Dana Cri ttendon 10. Claimant: Dana Crittendon Date Received: June 30, 1989 Date of Incident: February 17, 1989 Location of Incident: 1600 Block of 7th Street Estimate of Damages/ Injuries: $95.68 Nature of Incident: Claimant alleges damages to her automobile as the result of street conditions. - Raul Ortega, Sr. 11. Claimant: Raul Ortega,- Sr. and Maria C. and Maria C. Ortega on behalf of Raul Ortega, Ortega on behalf Jr. of Raul Ortega, JrDate Received: July 5, 1989 Date of Incident: May 5, 1989 Attorney: Kugle, Stewart, Dent & Frederick (Dwain Dent) Location of Incident: 3157 Weber Avenue Estimate of Damages/ . Injuries: Undeclared Nature of Incident: Claimants allege damages as the result of their son (Raul Ortega, Jr.) drowning during heavy rains on May 4, 1989. Juanita Rodriquez 12. Claimant: Juanita Rodriquez on behalf of Tony on hehalf of Tony Martinez Martinez Date Received: July 5, 1989 Date of Incident: May 5, 1989 Attorney: Kugle, Stewart, Dent & Frederick Location of Incident: 3157 Weber Avenue Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of her son (Tony Medina) drowning during heavy rains on May 4, 1989. Raul Ortega, Sr. 13. Claimant: Raul Ortega, Sr. and Maria C. and Maria C. Ortega on behalf of Jesse Ortega Ortega on behalf Date Received: July 5, 1989 of Jesse Ortega Date of Incident: May 5, 1989 Attorney: Kugle, Stewart, Dent &.Frederick (Dwain Dent) Location of Incident: 3157 Weber Avenue Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimants allege damages as the result of their son (Jesse Ortega) drowning during heavy.rains on May 4, 1989. Minutes of City Council M-3 Page 252 253 TUESDAY, JULY 11, 1989 Lyndell Lemond 14. Claimant: Lyndell Lemond Allen Allen Date Received: July 6, 1989 Date of Incident: May 11, 1989 Attorney: Jose, Henry & Brantley (Rickey J. Brantley) Location of Incident: 850 E. Rosedale St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). orresondence from There was presented correspondence from Mr. Chris Walters, 6851 Spring Manor, r. Chris Walters San Antonio, Texas, regarding a new consulting service being offered to various cities e new consulting regarding homeless shelter technology. It was the consensus of the City Council that e rvice correspondence be referred to the Office of the City Manager. orresondence from There was presented correspondence from Mr. Mike Morton, 116 Johnson Road, r. Mike Morton re Keller, Texas, regarding the operation of Classic Carriages, a horse-drawn carriage perati on of Cl assi company in the City of Fort Worth. It was the consensus of the City Council* that the ar riage s correspondence be referred to the Office of the City Manager. Correspondence from There was presented correspondence from Kelly McIlveene 5905 Billings Road, Kelly McIlveene re Fort Worth, in support of Sergeant General Koop's advocation of,the elimination of support of Sergeant smoking from society. It was the consensus of the City Council that the correspondence General Koop's be referred to the Office of the City Manager. advocation of the 90-69-00, Index Code 255828 and recommending that the City Manager be authorized to elimination of There was presented Mayor and Council Communication No.G-8111 from the City smoking from societV Manager stating that the City Council adopted Mayor and Council Communication MYC G-8111 re No. G-7974 on March 21, 1989, which established a Policy Statement ':':for Tax Abatement to Proposed tax abate Qualifying Downtown Residential Projects; that Mayor and Council Communication ment agreement with No. G-7981 which was adopted on March 28, 1989, established the downtown public Fine Line, Inc., improvement district as the Fort Worth Tax Abatement Reinvestment Zone No. 1; that City J. Clark Nowlin, staff has reviewed plans for Phase I and II and recommends proceeding with this Trustee; and Sun- project; that, pursuant to the Policy Statement adopted by City Council on March 21, dance Square, Inc. 1989, the City Council shall hold a public hearing and determine whether the project is for Sundance West, feasible and practical, the best use of the site, and in the best interests to the City a qualified down- after the expiration of the tax abatement agreement; and recommending that City Council town residential set Tuesday, July 25, 1989, as the date for a public hearing regarding a proposed tax development abatement agreement with Fine Line, Inc., J. Clark Nowlin, Trustee; and Sundance Square, Inc., for Sundance West, a qualified downtown residential development; and direct the City Secretary to give public notice of the public':hearing and proposed agreement in accordance with the state law. It was the consensus of the City Council that the recommendations be adopted. M&C G-8112 re There was presented Mayor and Council Communication No.',r',G-8112 from the City acceptance of a Manager stating that a one -ton 1989 Dodge pick-up truck, Vehicle No' 1B7KE3681KS, from one -ton 1989 Dodge North Loop Dodge was presented to, the City of Fort Worth through Championship Rodeo, pick-up truck, on Inc.; that funds are available in Non -Departmental General Fund 01, Account No. loan from North 90-69-00, Index Code 255828 and recommending that the City Manager be authorized to Loop Dodge for use accept to one -ton 1989 Dodge pick-up truck, on loan from North Loop Dodge for use at at the Cowtown Co- the Cowtown Coliseum for a period of one year, beginning June'J, 1989. It was the Iise um consensus of the City Council that the recommendation be adopted. M&C G-8113 re There was presented Mayor and Council Communication No.IG-8113 from the City purchase 9mm semi- Manager stating that the Fort Worth Police Department has participated as a major automatic pistols element in the Fort Worth Drug Enforcement Administration Task Force, which includes and holsters for the D/FW Airport Task Force; that the Task Force is formalized by written contract that the Fort Worth Drug states the conditions of participation by the local agencies and'the responsibilities Enforcement Admini and obligations of the Drug Enforcement Administration; that there have been some strati on Task Force recent changes within the Drug Enforcement Administration requiring all of its agents Officers to carry a 9mm semiautomatic pistol as their primary service weapon; that, as a result of this, the agency is requiring all Task Force officers to carry a 9mm semiautomatic pistol as their primary service weapon; that failure to do so will remove that officer and his agency from the umbrella of federal liability; and recommending that the City Council approve $6,900.00 of income earned from restitution payment,.sales and auctions, refunds and recoveries of drug related cash and equipment, to be deposited in General Fund 01; adopt a supplemental appropriation ordinance increasing the General Fund 01 estimated receipts by $6,900.00 and appropriations by like amount in the Police Department Special Operations Division Account No.- 35-44-00; and authorize $6,900.00 be used to purchase 9mm semiautomatic pistols and holsters for the Fort Worth Drug Enforcement Administration Task Force officers. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Webber. The motion, carrying with 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, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council M-3 Page 253 254. TUESDAY, JULY 11, 1989 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10337 10337 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND, FUND O1, POLICE DEPARTMENT, SPECIAL OPERATIONS DIVISION, IN THE AMOUNT OF $6,900, AND APPROPRIATING SAID AMOUNT TO THE GENERAL FUND 01, POLICE DEPARTMENT, SPECIAL OPERATIONS DIVISION, ACCOUNT NO. 35-44-00, THEREBY INCREASING APPROPRIATIONS IN THE GENERAL FUND 01, BY THE SAME AMOUNT FOR THE PURPOSE OF PURCHASING 9MM SEMIAUTOMATIC PISTOLS AND HOLSTERS FOR FEDERAL TASK FORCE OFFICERS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. - The motion was seconded by Council Member Webber. The motion, carrying with 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10338 10338 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE AIRPORT FUND, FUND 40, MISCELLANEOUS INCOME, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989 BY $1,434,913 AND APPROPRIATING SAID AMOUNT TO THE AIRPORT FUND, NONDEPARTMENTAL, ACCOUNT NO. 55-40-00, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE CAPITAL PROJECTS RESERVE FUND; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council M-3 Page 254 This ordinance shall -take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8114 re There was presented Mayor and Council Communication No. G-8114 from the City agreement to sell Manager stating that the City of Fort Worth entered into an agreement to sell Greater Greater Southwest Southwest International Airport in June 1980; that, previously, on May 9, 1979, the International City Council, anticipating the sale of the airport, established four priorities for the Airport use of the proceeds as set forth in Mayor and Council Communication No. G-4167; that the sale proceeds for 1989 were deposited into Airport Operating Fund 40 on June 7 in the amount of $1,434,913.00; that, to make this amount available for use in Capital Project Reserve Fund 10, Project No. 010001-00, Unspecified, a supplemental appropriations -ordinance is necessary; and recommending that a supplemental appropriations ordinance be adopted increasing estimated receipts by $1,434,913.00 in the Airport Fund 40 and appropriations by same amount in Airport Fund 40, Non -Departmental Account No. 55-40-00; and that the transfer of $1,434,913.00 be approved from Airport Operating Fund 40, Non -Departmental Account No. 55-40-00 to Capital Project Reserve Fund 10, Project No. 010001-00, Unspecified, thereby increasing estimated receipts by said amount. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. - The motion was seconded by Council Member Webber. The motion, carrying with 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10338 10338 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE AIRPORT FUND, FUND 40, MISCELLANEOUS INCOME, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989 BY $1,434,913 AND APPROPRIATING SAID AMOUNT TO THE AIRPORT FUND, NONDEPARTMENTAL, ACCOUNT NO. 55-40-00, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE CAPITAL PROJECTS RESERVE FUND; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council M-3 Page 254 255 TUESDAY, JULY 11, 1989 rdi nance No. SECTION 5. 0338 cont. This ordinance shall take effect and be in full: force and effect from and after the date of its passage, and it is so ordained. ntroduced an Council Member Murrin introduced an ordinance and made a motion that it be r dina nce adopted. The motion was seconded by Council Member Webber. The motion, carrying with 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, Webber, and Chappell NOES:. None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. 1033911 ORDINANCE- NO. 10339 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE CAPITAL PROJECTS RESERVE FUND, FUND 10 UNSPECIFIED, ACCOUNT NO. 010001-00 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1988-89 BY TRANSFERRING THE SUM OF $1,434,913 FROM THE AIRPORT FUND, FUND 40, NONDEPARTMENTAL, ACCOUNT NO. 55-40-00, SAID FUNDS TO BE APPROPRIATED AT A LATER DATE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND. PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:. Sherrill Stake Co. Item SECTION 5. x2"x12" - This ordinance shall take effect and be in full force and effect from and after the date of its passage, and, it is so $85.00M ordained. &C G-8115 re There was presented Mayor and Council Communication No. G-8115 from the City ay Mr. Robert Manager stating that City Council authorized Contract No. 16993 with Tarrant County arten, Elections Elections Administrator on March 28, 1989, for the furnishing of certain election dministrator for services and equipment needed by the City of Fort Worth to conduct its election on arrant County May 6, 1989, and run-off election on May 27, 1989, for a cost not to exceed $102,330.00 lection 1989 without prior approval and consent of additional cost in payment by the City Counci 1 ; $ 47.50 M that invoices in the total amount of $119,969.75 for the two elections have been 4 received and partial payment of $55,000.00 was made on March 31, 1989, leaving a 2" balance of $64,696.75; that the final cost was higher than estimated because of the 14" decision made to expand the number of absentee voting locations from one to four after Item the contract was negotiated; that funds are available in General Fund 01, Account 2" x No. 01-11-50, various index codes; and recommending that the 'City Secretary be x authorized to pay Mr. Robert Parten, Elections Administrator for Tarrant County, $ 75.00 M additional funds in the amount of $17,639.75. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. &C P-3578 re There was presented Mayor and Council Communication No.' P-3578 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for survey ith various vendor stakes for all City departments; stating that funds are sufficient to cover the or survey stakes anticipated expenditure by each department participating in this agreement; and or all City recommending that the City Council authorize: epartments from Item herri l l Stake Co- 1. , A purchase agreement for survey stakes on the low bid per unit pany and Jerry's prices meeting City specifications as follows: take & Supply Unit Price Per Thousand Sherrill Stake Co. Item 1-2" x2"x12" $85.00M Item 2 - 1" x 1" x 36" $120.00 M Item 3 - 1" x 2" x 9" $ 47.50 M Item 4 - 1" x 2" x 14" $ 57.50 M Item s- 2" x 2" x 9" $ 75.00 M Jerry's Stake & Supply Item 6- 1 x 2" x 481 $200.00 M Item 7 - Wire Flags, 36" $ 45.00 M Minutes of City Council M-3 Page 255 255 M&C P-3578 cont. agreement with Sherrill Stake Co & Jerry's Stake & Supply for survey stakes M&C P-3578 adopte M&C P-3579 re purchase of two brush trucks for the Fire Depart- ment from Emergen One M&C P-3580 re purchase of roof repairs for the Water Department from Coast to Coast, Inc. M&C L-9844 re acquisition of permanent easemen TUESDAY, JULY 11, 1989 2. All City departments to participate in this agreement, if needed, effective from date of approval until one year later. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-3579 from the City Manager submitting a quotation received for the purchase of two brush trucks for the Fire Department; stating that funds are available in General Fund 01, Account No. 36-30-00, Index Code 276642; and recommending that the purchase be made from Emergency One on its low alternate bid of $86,165.00 each, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-3580 from the City Manager recommending that the City Council confirm the award of an order in the amount of $15,075.00 to Coast to Coast, Inc., for emergency roof repairs on the North Holly warehouse and central maintenance offices for the Water Department, with funds available in Water and Sewer Operating Fund 45, Account No. 60-50-02, Index Code 373670. It was the consensus of the City Council that the emergency purchase of roof repairs for the Water Department by Coast to Coast, Inc., for an amount not to exceed $15,075.00 be approved, confirmed, and ratified. There was presented Mayor and Council Communication No. L-9844 from the City Manager, as follows: 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 Name: Rehabilitation of Sanitary Sewer Main 128 Type of Acquisition: Dedication of Easement Description of Land: A rectangularly shaped parcel of land out of Lot 9A, Block i-, R. W. Jones Addition, as described in Volume 7401, Page 2284, Deed Records, Tarrant County, Texas. This parcel of land is 5.0 feet in depth and 55.0 feet in width and lies adjacent to, contiguous with, and within the west property line of Lot 9A, required for a permanent easement. Square Feet: 275.0 Parcel No.: 9 Zoning: "E" Consideration: $1.00 Location: East of Sylvania at 917 Grace Street Owner: -Charles J. Pratt and wife, Elizabeth A. Pratt Finan�cin : Sufficient funds are available in Sewer Capital mprI ovements Fund 58, Project No. 017075-00, Sanitary Sewer, Main 128 Rehabilitation. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker Project Name: Sanitary Sewer Main M-211 Rehabilitation and 2. Relocation Type of Acquisition: Sanitary Sewer Easement and Temporary Construction Easements Description of Land: A rectangularly shaped strip of land 25 feet in dept an approximately 690 feet in length located along the southerly side of Lot 1-B, Block 1, River Park Addition, as described in Volume 388-211, Page 70, Deed Records, Tarrant County, Texas. Temporary Construction Easement - 25 foot strip of land adjacent to the northerly and easterly side of the above easement. Temporary Construction Easement (Parcel A) - A rectangularly shaped strip of land 10 feet in depth and approximately 463 feet in length located along the southwesterly side of the existing 65 foot Drainage Easement out of Lot 1, Block 2, River Park Addition as recorded in Volume 388-152, Page 35, Deed Records, Tarrant County, Texas. Minutes of City Council M-3 Page 256 257 TUESDAY, JULY 11, 1989 M&C L-9844 cont. Temporary Construction Easement (Parcel B) - A rectangularly acquisition of shaped strip of land 10 feet in depth and approximately 547 (permanent easement feet in length located adjacent to the northerly side of the existing 65' Drainage Easement out of Lot 1, Block 2, River Park Addition, as recorded in Volume 388-152, Page 35, Deed Records, Tarrant County, Texas. Square Feet: Esmt - 16,901.28 TCE. 15,896.4 (Parcel A) -TCE - 5,445 (Parcel B) TCE - 5,619.24 Zoning) G Commercial Parcel'No.: 3 Consideration: $1.00 Location: North of Southwest Boulevard (S.H. 183) and south of River Bend Boulevard Owner: River Park, a Joint Venture SUBJECT: ACQUISITION OF STREETLIGHT EASEMENTS RECOMMENDATION: In accordance with the policy regarding the purchase, sale or lease of real property, it is recommended that approval be given for the acquisition of the following streetlight easements below: 1. Project: Streetlight Easement to provide street lighting as pet— iTned for by area owners I _ Type of Acquisition: Permanent Easement Description of Land: The West 5 feet of Lot 34, Block 2, Kaywood Heights Addition Consideration: $1.00 Location: 3705 Howard Street Owner: Bobalea Driskill and Martha Houston Financing: -This expenditure. will be made from Index Code 282483. Negotiator: Pam Root Minutes of City Council M-3 Page 257 Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017074-00, Relocation and Rehabilitation of Sanitary Sewer Main 211. This expenditure will be made from Index Code 698787. Land Agent: Aleeta Hackney M&C L-9844 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9844, be adopted. M&C L-9845 re acceptance of a There was presented Mayor and Council Communication No. L-9845 from the City gift deed from Manager stating that property located at the southwest corner of I-30 and Forest Park Pier I Imports Boulevard (Blocks i32 and 33, Edward Heirs Addition), may be affected by the new Southwest Freeway; that, because of its uncertain future, Pier I has offered to donate the property to the City if the City accepts it in its current condition; and recommending that City Council accept a gift deed from Peir I Imports for the property located at the southwest corner of I-30 and Forest Park Boulevard (Block 32 and 33, Edward Heirs Addition) consisting of 74,157 _square feet of land and a 40,000 square foot warehouse.. Council Member Murrin expressed appreciation to Pier I Imports for its donation of the property located in Blocks 32 and 33, of the Edward Heirs Addition, to the City of Fort Worth. Mr. Mike Pyles re j Mr. Mike Pyles, Director of the Real Property Department, appeared before the M&C L-9845 accept- City Council and advised the City Council that the property was donated to the City of a nce of a gift dee4l Fort Worth from Pier,I Imports as is without any monetary assessment or exchange. Council Member Murrin made a motion, seconded by Council Member Webber, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-9846 re permanent easement There waspresented Mayor and Council Communication No.1-9846 from the City streetlight Manager, as follows: SUBJECT: ACQUISITION OF STREETLIGHT EASEMENTS RECOMMENDATION: In accordance with the policy regarding the purchase, sale or lease of real property, it is recommended that approval be given for the acquisition of the following streetlight easements below: 1. Project: Streetlight Easement to provide street lighting as pet— iTned for by area owners I _ Type of Acquisition: Permanent Easement Description of Land: The West 5 feet of Lot 34, Block 2, Kaywood Heights Addition Consideration: $1.00 Location: 3705 Howard Street Owner: Bobalea Driskill and Martha Houston Financing: -This expenditure. will be made from Index Code 282483. Negotiator: Pam Root Minutes of City Council M-3 Page 257 258 TUESDAY, JULY 11, 1989 M&C L-9846 cont. 2. Project: Streetlight Easement to provide street lighting as permanent easement petitioned for by area owners streetlights Type of Acquisition: Permanent Easement Description of Land: The East 5 feet of Lot 4, Block 47, Sabine Place Addition Consideration: $1.00 Location: 1221 Elaine Place Owner: James E. LaForge and Georgia F. LaForge Financing:, This expenditure will be made from Index Code 282483. Negotiator: Pam Root 3. Project: Streetlight Easement to provide street lighting as petitioned for by area owners Type of Acquisition: Permanent Easement Description of Land: The South 5 feet of Lot 5, Block 11, Kellis Park Addition Consideration: $1.00 Location: 4316 Cherokee Trail Owner: Elred Cheyne and Elsie Cheyne Financing: This expenditure will be made from Index Code 28248T. Negotiator: Pam Root &C L-9846 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9846, be adopted. Council Member Murrin made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. C-11743, Job Training Partnership Act Title IIA Plan and Proposed Contracts for 1989, dated June 27, 1989, be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-11743 re There was presented Mayor and Council Communication No. C-11743 (Revised) pproxedJob Trai ni n from the _City Manager, as follows: Partnership Act Title IIA Plan SUBJECT: JOB TRAINING PARTNERSHIP ACT TITLE IIA PLAN AND PROPOSED CONTRACTS FOR 1989 RECOMMENDATION: It is recommended that City Council authorize the City Manager to: 1. Submit a grant application;- accept the grant if offered and negotiate a contract with Texas Department of Commerce in the amount of $5,567,810 for implementation of the Job Training Partnership Act Title IIA Program Plan for 1989, for the contract period beginning July 1, 1989 and ending June 30, 1990. 2. Contingent upon approval of the contract with Texas Department of Commerce, execute contracts with the following service providers for implementation of the Title IIA program plan. All contracts will begin July 1, 1989 and end June 30, 1990. a. Execute a contract with the Association for Retarded Citizens in the amount of $124,766 to implement the On -the -Job Training Program for Adults and Youth. b. Execute a contract with Cassata Learning Center in the amount of $202,596 to implement the Exemplary Program for Dropouts. c. Execute a contract with Criss Miller and Associates in the amount of $203,838 to implement the New Beginnings Learning Center. d. Execute a contract with the Fort Worth Boys Club in the amount of $32,324 to implement the Job Search Club Program. Minutes of City Council M-3 Page 258 259 TUESDAY, JULY 11, 1989 M&C C-11743 (revised) e. ,Execute a contract with the'Fort Worth Housing Authority cont. contract I i n the amount of $89,030 to i mpl ement the Basi c Ski 11 s with Job Training !and Employment and Training for At -Risk Youth Program. Partnership Act Title IIA Plan f. Execute a contract with Fort Worth Independent School +''District in the amount of $388,084 to implement !Vocational Classroom Training. g. Execute a contract with the Fort Worth Independent School District in the amount of $201,896 to implement the Students Taking Academic Responsibility for Success (S.T.A.R.S) Program. h. Execute a contract with the Fort Worth Independent School District in the amount of $106,814 toy, implement the Fundamentals Program. i. -'Execute a contract with the Fort Worth Independent School District in the amount of $103,596 to implement the Limited Work Experience Program. j. !Execute a contract with the Fort Worth Independent School District -in the amount of $48,601 to°implement Project Plan. k. (Execute a contract with the Fort Worth Independent 'School District in the amount of $19,361 to!'implement the Teens N TEAMS (TNT) Program. 1. (Execute a contract with Goodwill Industries in the amount of $71,069 to implement Pre -Enrollment Assessment !for Youth. m. !Execute a contract with Goodwill Industries in the jamount of $55,085 to implement Pre -Enrollment Assessment for Adults. n. ;Execute a contract with Liberation Communities, Inc., in I' the amount of $29,463 to implement Project Power. o. Execute a contract with Sylvan Learning Center in the amount of $42,485 to implement the Take a SMART Step Program. p ,Execute a contract with -The Women's Centeriof Tarrant County, Inc., in the amount of $303,122 to implement Job 'Development and_ Placement. q. Execute a contract with The Women's Center of Tarrant County, Inc., in the amount of $100,000 to''implement 'Project ASPIRE. r. Execute a contract with The Women's Center of Tarrant ,County, Inc., in the amount of $88,000 to 'implement Project Self -Sufficiency. 3. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the contract to establish the specified project accounts in the City of Fort Worth financial accounting system. 4. Apply indirect costs in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate'of 22.16% which represents the most recently approved rate for Employment and Training Department). I DISCUSSION; The Texas !Department of Commerce has released the contract year 1989 Title IIA allocation for the Fort Worth Consortium.'The JTPA allocation for program year 1989 is $5,567,810 for the period beginning July 1, 1989 to June 30, 1990. The Texas 'Department of Commerce requires the submission of a plan amendment for the 1989 program year. The plan submission process requires that the plan be approved by both the Private Industry Council and the Fort Worth City Council. In accordance with the JTPA law, the expenditure of funds must comply with the following guidelines: 1) Youth Programs - not less than 41% of total expenditures. Minutes of City Council M-3 Page 259 260 TUESDAY, JULY 11, 1989 M&C C-11743 ( revi s d) 2) Administration and Services - not more than 30%. cont. approved Job Training 3) Training Programs - not less than 70%. Partnership Act - Title IIA Plan All programs are designed to serve. economically disadvantaged youths and adults in the service delivery area (SDA). Program Activities Pre -Enrollment Assessment Youth and adult participants will be tested prior to enrollment in activities to determine present skills, aptitudes, and interests. Through use of standardized evaluation instruments participants' employability needs can be determined prior to enrollment. Adult -Programs Adult On -the -Job Training This program is a job placement activity which provides for reimbursement to the employer of up to.50% of the entry level wages of a participant. The training occurs while the participants are engaged in productive work which provides the skills essential to fully and adequately perform on the job. Clients will participate in an employment preparation workshop prior to being matched to an OJT position. Approximately 400 clients will receive OJT services. Vocational Classroom Training The purpose of this activity is to provide occupational skills training in high demand and growth occupations that are targeted for emphasis in this SDA; and to place trainees in entry level training related, permanent unsubsidized employment upon completion of training. Occupational skills training may also be combined with other activities such as basic skills training or on-the-job training. 450 participants are expected to be served through this activity. Job Development and Placement The overall purpose of this program is to provide a structured job hunting activity to participants who have marketable skills; and provide placement services for participants enrolled in classroom training on a buy -in basis. The program consists of a formalized classroom training period in job search techniques followed by client initiated self help job search activity. 475 participants will be served through this activity. Youth Programs Basic Skills Training for In -School Youth Ages 16-21 The purpose of this activity is to provide basic skills to deficient youth ages 16 to 21 through remedial instruction in reading, writing, mathematics and language. The program will combine individual and computer assisted instruction as well as other traditional and non-traditional approaches. Pre and post measures for instructional placement and measurements of outcomes are incorporated into the program. 90 participants are expected to be served. Orientation to the World of Work and Limited Work Experience The purpose of this classroom activity is to encourage motivation and self-esteem and to provide an orientation to the world of work prior to a Limited Work Experience placement which will allow the youth to gain work experience and to develop skills for obtaining unsubsidized employment in the future. 200 participants are expected to be served. In -School Youth On -The -Job Training Program The purpose of this activity is to place in -school youth, ages 16-21, in part-time unsubsidized employment. Minutes of City Council M-3 Page 260 TUESDAY, JULY 11, 1989 M&C C-11743 (revis d) This program is essentially the same as the Adult OJT program cont. approved Job Training Part- except that participants are 16-21 years old and placements may be nershi p Act Title part-time to accommodate the youth's school schedule. Labor Market IIA Plan Orientation (LMO) instructions must be provided prior to placement in a Youth OJT position. LMO should include employability skills such as good work habits, co-worker relations and private sector employer expectations. I 70 participants will be served. I - Out -of -School Youth On -The -Job Training Program The purpose of this activity is to place youth, ages 17-21, in full-time unsubsidized employment. This program is essentially the same as the Adult OJT program except that participants are 17-21 years old. Placements must be full-time. Labor Market Orientation (LMO) instructions must be provided prior to placement -in a Youth OJT position. LMO should include employability skills such as good work habits, co-worker relations and private sector employer expectations. • f 125 participants will be served. . i . Basic Skills Training for Dropout and Out of School Youth': The purpose of the out-of-school youth program is to provide specific employment and academic outcomes for youth prior to placement in unsubsidized employment. The program is designed to target the school drop-out, but may include high school' graduates and GED completers. Employability enhancement will constitute the entry program activities for this program This will be achieved through implementation of the PIC approved Youth Competency System for Pre -Employment Work Maturity Skills. Youth may be concurrently enrolled in basic educational skills development, remediaton, GED preparation or Job search/placement.-.- Depending upon employability needs, some youth may participate in a limited work experience activity after basic skills upgrading or obtaining a GED.' 700 participants will be served. Exemplary Proqram for 14-15 Year Olds This program will be designed to provide basic skills enhancement, but may include life management skills and/or occupational career awareness.- Activities will focus on increasing basic skills functioning levels as well as increasing youths awareness of concepts's-uch as consequences and rewards for ones choices and actions, and the importance of goals and planning for achievement. Motivational activities may also be provided through this,program. This is alclassroom activity with flexible options for delivery. Instruction may not exceed 200 hours.. I Approximately 200 participants will be served. I Special Projects This is a category of programs intended to expand the services offered to eligible persons in this SDA. Essentially, The Working Connection plans to include in the program its mix of special projects which do not fit any previously described category but which directly or indirectly enhance the employability of special target groups such as: female heads -of -households; school drop -outs; individuals with limited English speaking ability, especially Hispanics and Asians; AFDC recipients; eligible participants with basic skills remediation needs; and handicapped individuals. Approximately 550 youth and adults will be served. Proposed Budqet by Activit Pre -Enrollment Assessment Vocational Classroom Training Vocational CRT Buy -Ins. Adult OJT Job Development/Placement Project Self Sufficiency Project Aspire OJT -Handicapped Project Power -Special Project Minutes of City Council M-3 Page 261 $ 127,154 388,084 50,000 570,000 303,122 88,000 100,000 124,766 29,463 2�1 262 TUESDAY, JULY 11, 1989 M&C C-11743 (revi ed) Fort Worth Boys Club/Job Search 32,324 cont. approved Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, Limited Work Experience - I/S 103,596 Job Training vote by the Mayor, -it prevailed unanimously. 0/S - LWE 50,000 Partnership Act and suggested for handicapped individuals be granted authority to issue citations, to Basic Skills 823,535 Title IIA Plan Exemplary Programs 14-15 yr. olds 91,086 ions citations ctat made several years ago by Mr. Marvin Moore and advised City Council that the Department Youth OJT 152,200 M&C C-11749 re contract with There was presented Mayor and Council Communication No. C-11749 from the the Support Services 120,000 Bank for the facilities to serve Trinity Industrial Park Addition, Lot 4; describing proposed Participant Needs Based Payments 200,000 Community faci 1 i t execute a community facilities agreement with Amarillo National Bank; that the City LWE Wages 328,000 ie s to serve Trinity Industria drainage and street improvements upon satisfactory completion of the same; that a bond OJT Wages 240,000 Development Unspecified, to 90-136110-00, Trinity Industrial Park Addition, Lot 4, to Special Project Wages 259,790 transfer in the amount of $1,155.00 be approved from 90-095701-00, City share of TWC Operations 934,820 Lot 4, to provide for City's cost of Design Engineering. It was the consensus of the Unobligated Funds 450,870 M&C FP -2585 re accepted as There was presented Mayor and Council Communication No. FP -2586 from the City pre to Wheaton 5,567,810 r a et im- Drive street completed in accordance with plans and specifications under Contract No. 16664 awarded Total Budget to J.L. Bertram Construction and Engineering, Inc., on September 12, 1988; and Walton to Walrave Administration $ 835,172 Construction and Training 3,897.467 Services 835,171 Total 5,567,810 FINANCING• The availability of sufficient funds is contingent upon the executive of the grant contract with the Texas Department of Commerce. Council Member Chappell requested permission for Council Member Zapata and himself to abstain from voting on any item on Mayor and Council Communication No. C-11743 involving the Fort Worth Independent School District and, on motion of Council Member Murrin, seconded by Council Member Webber, the request was approved. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Recommendations 1, 2(a), (b), (c), (d), (e), (1), (m), (n), (o), (p), (q), and (r), and 3, and 4, contained in Mayor and Council Communication No. C-11743 (Revised), be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Recommendations 2(f), (g), (h), (i), (j), and (k) contained in Mayor and Council Communication No. C-11743 (Revised) 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 Gilley; Council Members Garrison, Granger, McCray, Murrin, and Webber NOES: None Minutes of City Council M-3 Page 262 ABSENT: None NOT VOTING: Council Members Zapata and Chappell Mayor Pro tempore Gilley made a Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, motion that. that citizen presentations be move forward on the agenda. When the motion was put to a citizen presenta- vote by the Mayor, -it prevailed unanimously. tion be move for- Mr. Marvin Pinchelle, 7537 Parkwood Lane, appeared before the City Council ward Mr. Marvin Pin- and suggested for handicapped individuals be granted authority to issue citations, to chelle re handi- help out the Police Department, to individuals violating the handicapped parking capped individual places. be granted uth= to issue City Attorney Wade Adkins advised the City Council that this suggestion was ions citations ctat made several years ago by Mr. Marvin Moore and advised City Council that the Department of Law could bring the file back for discussion. M&C C-11749 re contract with There was presented Mayor and Council Communication No. C-11749 from the the Amarilio National City Manager submitting a proposed contract for the installation of community Bank for the facilities to serve Trinity Industrial Park Addition, Lot 4; describing proposed Installation of project cost and financing; and recommending that the City Manager be authorized to Community faci 1 i t execute a community facilities agreement with Amarillo National Bank; that the City Manager be authorized to reimburse the developer for the City's share of cost for storm ie s to serve Trinity Industria drainage and street improvements upon satisfactory completion of the same; that a bond Park Addition fund transfer in the amount of $19,250.00 be approved from 90-136901-00, New Development Unspecified, to 90-136110-00, Trinity Industrial Park Addition, Lot 4, to provide funds for City's share of cost for street construction; and that a bond fund transfer in the amount of $1,155.00 be approved from 90-095701-00, City share of Engineering and New Developements, to 90-136110-00, Trinity Industrial Park Addition, Lot 4, to provide for City's cost of Design Engineering. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2585 re accepted as There was presented Mayor and Council Communication No. FP -2586 from the City pre to Wheaton Manager stating that improvements to Wheaton Drive from Walton to Walraven have been r a et im- Drive street completed in accordance with plans and specifications under Contract No. 16664 awarded provements from to J.L. Bertram Construction and Engineering, Inc., on September 12, 1988; and Walton to Walrave to J.L. Bertram Construction and Engineering, Inc. Minutes of City Council M-3 Page 262 263 TUESDAY, JULY 11, 1989 M&C FP -2586 cont. street improvements recommending that the City Council accept as complete improvements to Wheaton Drive Wheaton Drive from a from from Walton to Walraven and authorize final payment in the amount of $8,878.40 to J.L. Walton to Wv aven Bertram Construction and Engineering, Inc., with funds available in Street Improvement to J.L. Bertram Fund 30, Account No. 205-016664. It was the consensus of the City Council that the Construction and recommendations be adopted. Engineering, Inc. It appearing to the City Council that on January 3, 1§89, the City Council continued the hearing in connection with Zoning Ordinance Texas Amendment, by amending Section 18, Modifications to District Regulation, by amending Subsection D, supplemental buffer yard and set back requirements, requiring the provisions or buffer yards and providing restrictions on the use thereof between certain residential and non-residential districts; providing for screening requirements; providing for irrogation requirements; providing for -landscaping requirements; providing a point system; providing permit requirement; providing for joint and several liability of owner and occupant; providing bonus provision; providing for exemptions and special exception; providing certain installation; providing fence specifications; providing indemnification, Zoning Docket No. Z-88-073, Mayor Bolen asked if there was anyone present desiring to be heard. - Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that Zoning Docket No. Z-88-73, Zoning Ordinance Text Amendment, by amending Section 18, Modifications to District Regulations, by amending Subsection D, Supplemental Bufferyard and Building Setback Requirements, requiring the provisions for Bufferyards and providing restrictions on the use thereof between certain Residential and Non -Residential Districts; Providing for Screening Requirements; Providing for Irrigation Requirements; Providing for Landscaping Requirements; providing a Point System; Providing Permit Requirements; Providing for Joint and Several Liability of Owner and Occupant; Providing Bonus Provision; Providing for Exemptions and Special Exceptions; Prohibiting Certain Installations; Providing Fence Specifications; Providing Indemnification be approved. When the motion was put to"a vote by the Mayor, it prevailed unanimously. Introduced an Ordinance Council Member Chappell introduced an ordinance and made a motion that it be adopted. The motion,was seconded by Mayor Pro tempore Gilley. T,he motion, carrying with it the adoption of said ordinance, prevailed by the following vote: I •_ AYES: Mayor Bolen; Mayor Pro tempore Gilley; CouncilMembers Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None 4 ABSENT: None The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10340 10340 AN ORDINANCE AMENDING ORDINANCE NO. 3011, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 18, MODIFICATIONS TO DISTRICT REGULATIONS, BY AMENDING SUBSECTION D, SUPPLEMENTAL BUFFERYARD AND BUILDING SETBACK REQUIREMENTS, REQUIRING THE PROVISIONS OR BUFFERYARDS AND PROVIDING RESTRICTIONS ON THE USE THEREOF BETWEEN CERTAIN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS` PROVIDING FOR SCREENING REQUIREMENTS; PROVIDING LOR IRRIGATION REQUIREMENTS; PROVIDING FOR ANDSCAPING REQUIREMENTS; PROVIDING A POINT SYSTEM; PROVIDING PERMIT REQUIREMENTS; PROVIDING FOR JOINT AND SEVERAL LIABILITY OF OWNER AND OCCUPANT; PROVIDING BONUS PROVISIONS'; PROVIDING FOR EXEMPTIONS AND SPECIAL EXCEPTIONS; PROHIBITING CERTAIN INSTALLATIONS; PROVIDING FENCE SPECIFICATIONS; PROVIDING INDEMNIFICATION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET -FORM; 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: i SECTION 1. that Ordinance No. 3011, as amended, be amended by amending Section 18, "Modifications to District Regulations," by amending Subsection D, said Subsection to read as follows: i Minutes of City Council M-3 Page 263 264 TUESDAY, JULY 11, 1989 rdinance No. D. Supplemental Bufferyard and Building Setback Requirements 0340 cont. 1.General: A bufferyard consisting of an open space of grass and other landscaping and a masonry wall or wood fence in combination with design features that screen or block vision, noise pollutants, and other negative by products shall be provided and maintained along the entire length of the boundary line between any residential district zoned "A" One -Family, "A -R" Residential, "B" Two -Family, "R-1" and "R-2" Residential, and adjacent nonresidential districts. A bufferyard shall be required even when an alley is located between a nonresidential zoning district and an adjacent residential district. 2. Restrictions of the Use of Bufferyards and Building Setbacks: This area is intended to serve as a buffer between potentially incompatible uses. Structures are not permitted to be located in this area, nor can such area be used for: signs, dumpsters or other garbage containers, any type of storage, or any nonresidential activity. Passenger car parking, automobile and truck access and loading or unloading of goods during the daylight hours shall be permitted within the building setback areas exclusive of the landscaped areas. 3. Area Requirements: a. When a nonresidential use is initially established, a residential use is converted to a nonresidential, or when the zoning district classification of property is changed to a more intensive nonresidential zoning district after the effective date of this ordinance, then in each instance where it is located on a lot or premises adjacent to any residential district zoned "A" One -Family, "A -R" Residential, "B" Two -Family, "R-1" and "R-2" Residential, a bufferyard and supplemental building setback shall be provided and maintained by the owner and/or occupant of the nonresidential use in accordance with the following standards: *Plus 5 feet for each additional story above 3 stories in height. b. ' When there is an expansion of any parking area or the square footage of a nonresidential use that is located on a lot or a premises that is adjacent to an "A" One -Family, "A -R" Residential, "B" Two -Family, "R-1" or "R-2" Residential zoning district, then the development shall be subject to the supplement bufferyard and building setback requirements, as set forth in this ordinance. 4. Screening Requirements: The owner and/or occupant of the use shall also erect and maintain a solid masonry wall, wood fence, or combination thereof, to a height that is a minimum of six (6) feet above the grade of adjacent abutting property along the entire abutting property line except for minimum required front yards and visibility triangles. (For construction standards see Subsection 13.) Minutes of City Council M-3 Page 264 Bufferyard Zoning District Building Setback Width "E -R" 20 feet 5 feet 110-M" 20 feet* 5 feet "E -T" 20 feet 5 feet "E" 20 feet 5 feet "F -R" 25 feet 5 feet "F" 35 feet 5 feet "G" 40 feet 5 feet "I -P" 50 feet* 5 feet "I" 50 feet* 5 feet "J" 50 feet* 5 feet "K" 50 feet* 5 feet *Plus 5 feet for each additional story above 3 stories in height. b. ' When there is an expansion of any parking area or the square footage of a nonresidential use that is located on a lot or a premises that is adjacent to an "A" One -Family, "A -R" Residential, "B" Two -Family, "R-1" or "R-2" Residential zoning district, then the development shall be subject to the supplement bufferyard and building setback requirements, as set forth in this ordinance. 4. Screening Requirements: The owner and/or occupant of the use shall also erect and maintain a solid masonry wall, wood fence, or combination thereof, to a height that is a minimum of six (6) feet above the grade of adjacent abutting property along the entire abutting property line except for minimum required front yards and visibility triangles. (For construction standards see Subsection 13.) Minutes of City Council M-3 Page 264 265 TUESDAY, JULY 11, 1989 Ordinance No. 5. Irrigation Requirements: 10340 cont. i All bufferyards required under this ordinance must be irrigated by an underground automatic irrigation system. Provided, however, that, when the total area of the bufferyard is less than 1,000 square feet, an irrigation system shall not _be required if there is a working water faucet located no more than 100 feet from every part of the bufferyard. I 6. Landscaping Requirements: The bufferyard shall be sodded with turf grass or ground cover that will provide the appearance of a finished planting. Minimum landscaping and buffering must be provided as outlined in Subsection 7. The landscaping in the bufferyard shall be protected from 'vehicular encroachment by curbs, railroad ties, concrete retainers or other permanent barriers. I- . 7. Point System Requirements: Bufferyards must earn a minimum of 25 points that are awarded for providing and maintaining speci fi c landscaping and design features. The points are accumulated as follows: I Feature Points A solid wood screening fence 6 feet in height - single faced 5 double faced 10 A solid wood screening fence eight (8) feet in height - single faced 10 double faced 15 A solid masonry wall six (6) feet in height 15 A solid masonry wall eight (8) feet in height 20 A combination of masonry wall and solid wood double-faced screening fence six (6') feet in -height,. 15 A combination of masonry wall and solid wood double-faced screening fence eight (8) feet in height 20 I Each additional five (5') feet in width of bufferyard beyond the minimum required 5 I - three small ornamental trees for every fifty 50') lineal feet of bufferyard 5 Three small ornamental trees for every twenty-five (25') lineal feet of bufferyard 10 Five ornamental shrubs for every twenty-five (25) lineal feet of bufferyard _ 15 One tree for every twenty-five (25) lineal feet of bufferyard that is a minimum of twelve (12) feet in height with a minimum trunk caliper of two -and -a -half (2-1/2) inches above the root ball 10 8. Permit Requirements: In order to determine compliance with this ordinance, an application for a building permit for property that abuts an "A" One -Family, "A -R" Residential, "B" Two -Family, "R-1" or "R-2" Residential District shall include a landscaping plan with a planting schedule and a written statement indicating the options that were selected in order to meet.the minimum "point" requirements. I 9. Installation and Maintenance: The owner and/or occupant shall be jointly and severally liable for installing and maintaining all masonry.walls, fences and landscaping in a healthy, neat, orderly and physically sound condition and replacing it when deemed necessary by the Building Official. Minutes of City Council M-3 Page 265 266 TUESDAY, JULY 11, 1989 Ordinance No. 10. Bonus Provisions: 10340 cont. The minimum building set back in rear yards can be reduced by five (5) feet in "E -R" Restricted Commercial, "E" Commercial, and "O -M" Office-Midrise Districts and ten (10) feet in all other commercial and industrial districts provided that a minimum ten (10) foot landscaped front yard is provided on the site in accordance with the standards specified in Subsections 5 and 6 of this Ordinance. 11. Exemptions and Special Exceptions: a. Remodeling work that does not increase the existing floor area or the restoration of a building that has been involuntarily damaged or destroyed shall be exempt from the supplemental Bufferyard and Building Setback requirements. b. When a residence is converted to a nonresidential use or when an existing nonresidential use expands the building square footage and/or parking area, then the minimum required bufferyard points shall be reduced to fifteen (15) points. If a masonry wall is used to satisfy the minimum point requirements, there shall be no minimum bufferyard width requirement. . C* Nothing herein shall require a bufferyard to be placed on -a nonresidential use site where such nonresidential use site is immediately adjacent to a railroad right-of-way, power transmission right-of-way or easement, or pipeline right-of-way or easement where such right-of-way or easements are at least fifty feet (50') in width. 12. Prohibited Installations: a. Where bufferyards are required by this Section, masonry walls, fences and combination fences placed in a minimum projected front yard shall not be over four feet (4') in height. b. Wood fences using the stockade/picket/slat style fence shall be prohibited. Chain link fences shall be prohibited. 13. Fence Specifications: Each bufferyard fence over four feet (4') in height shall meet the following minimum requirements: a. Concrete fences: 1) Shall be designed by an engineer licensed by the State of Texas. 2) Shall be either poured in place or lift slab construction. 3) Shall be properly engineered to withstand wind load, special load conditions, and site drainage. b. Wood Fences: 1) Metal posts shall be used for the vertical fence supports. .The posts shall be set in concrete at least three feet into the ground. 2) Boards used in the construction shall be spruce, cedar, redwood, or other durable decay -resistant construction. The lumber grade of boards shall be "Select", #1 or equal. (Boards used in the fence should be spaced 1/8" apart and face the residential property.) C. Masonry Fences: 1) Masonry Fences shall be of •brick or block. 2) Brick Fences shall be of exterior grade brick. 3) Block Fences shall be Grade N, type I. Minutes of City Council M-3 Page 266 Ordinance No. 10340 cont. 267 TUESDAY, JULY 11, 1989 14. Indemnification: Where a fence is -to be placed in an easement containing underground utilities, the owner shall sign a Certificate of Release, indemnifying the City of any damages for removal of the fence and damage to the fence as a result .of the need to repair or replace said utilities. The Certificate of Release shall be approved by the City Attorney and shall be signed, before a building permit is issued. 15. A buff ery and and be required for district that is One -Family, "A -R" "R-2" Residential a supplemental building setback will not any use in a commercial or industrial permitted as a use -by -right in the "A" Residential, "B" Two- Family, "R-1" and Districts. SECTION 4. 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. SECTION 8. 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. It appearing to the City Council that Resolution No. 1428 was adopted by City Council of the City of Fort Worth, Texas, on June 20, 1989, setting today as the date for hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011 and the due notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on June 23, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. City Secretary Howard advised the City Council that the application of The Perot Group for a change in zoning of property located east and west of I.H. 35W, north of Alliance Airport from "Unzoned" to "A -R" Residential, "I" and "J" Light Industrial and "K" Heavy Industrial, Zoning Docket No. Z-89-044, is under annexation proceedings and advised the City Council that the zoning case should be continued until September 12, 1989, when the annexation comes up for second and final reading. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the application of The Perot Group for a change in zoning of property located east and west of I.H. 35W, north of Alliance Airport, from "Unzoned" to "A -R" Residential, "I" and "J" Light Industrial and "K" Heavy Industrial, Zoning Docket No. Z-89-44, be continued until September 12, 1989. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Joe Bi i ardi Mr. Joe Bi 1 ardi , Director of the Development Department, appeared before the re Z-89-57 City Council regarding the application of Tom and Virginia Nelson, Zoning Docket No. Z-89-57, and advised the City Council that the Historical and Cultural Subdistrict pertains only to the building in regard to the future use of the land for Jacksboro Highway improvements. Correspondence fron City Secretary Howard advised the City Council of correspondence from Mr. Mr. Daniel W. SyKes Daniel W. Sykes requesting the denial without prejudice of Zoning Docket No. Z-89-53 re Z-89-53 and requesting that the filing fee be waived. Application of Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, Wynonia Pallmeyer that the application of Wynonia Pallmeyer for a change in zoning of property located at re Z-89-53 2166 West Seminary Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-53, be denied without prejudice with no waiver of fees. Mr. Dan Sykes re Mr. Dan Sykes, 1300 Continental Plaza, representing Wynonia Pallmeyer, Z-89-53 applicant for a change in zoning of property located at 2166 West Seminary Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-53, appeared before the City Council and requested that the City Council consider an alternative of postponing the hearing to allow Ms. Pallmeyer to find another buyer for this piece of property, and gave the City Council background information regarding the zoning case. Ms. Doris Bennett Ms. Doris Bennett, 4041 Stanley, appeared before the City Council and re Z-89-53 expressed opposition to the application of Wynonia Pallmeyer for a change in zoning of property located at 2166 West Seminary Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-53. Minutes of City Council M-3 Page 267 268 TUESDAY, JULY 11, 1989 Mr. Robert Snoke Mr. Robert Snoke, 3826 6th Avenue,•appeared before the City Council and re Z-90-53 expressed opposition to the application of Wynonia Pallmeyer for a change in zoning of property located at 2166 West Seminary Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-53, and requested that the City Council deny the zoning application with prejudice to give the citizens a year before the applicant returns with another proposal. When the motion, that the application of Wynonia Pallmeyer for a change in zoning of property located at 2166 West Seminary Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-53, be denied without prejudice with no waiver of fees, was put to a vote by the Mayor, it prevailed unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Zapata made a motion, seconded by Council Member Murrin, that the hearing be closed and that the recommended changes in zoning be approved,as follows: Z-89-016 Z-89-016 E-SYSTEMS, INC., POOL TRUST by H. Dennis Hopkins Northwest corner of I.H. #35W and Golden Triangle Boulevard "AG" Agricultural to "C" Multi -Family, "E" and "G" Commercial, and "I" Light Industrial Z-89-034 II Z-89-034 M.D. and JUDI COLE 2112 Fifth Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-038II Z-89-038 SUN VALLEY JOINT VENTURE, b Stephen Bolton 5400 Sun Valley Drive and 5500 East Loop #820 South "E" Commercial and "F -R" Restricted Commercial to "PD -SU" Planned Development/Specific Use to include the following: 1) ` Any uses permitted in the "E" Commercial or "F -R" Restricted Commercial Districts; 2) Drive-in business, .including refreshment stands, cafes, restaurants, food stores, and similar activities for the sale of alcoholic beverages on the premises; 3) - Furniture upholstery, resale, and refinishing; 4) Health or recreation clubs; 5) Recording studios; 6) Teenage clubs and amusement centers; 7) Used furniture sales conducted entirely within a building; 8) Special Exception uses when authorized by the Board of Adjustment (6311) under the provisions of Section 20; 9) Accessory buildings and uses customarily incident to the above. No accessory use shall be construed to permit the keeping of articles or material in the open or outside the building; 10) Restaurants, cafes, cafeterias, including restaurants and cafes legally authorized (by duly issued permits from the City and State) to sell alcoholic beverages for consumption on the premises. The terms "restaurants" and "cafes" used herein refers to places which are regularly open in a bona fide manner; which are used and kept open for the service of food to customers for compensation; which have suitable seating for guests; which have suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and which may provide patrons with space for dancing or permit patrons to dance. Z-89-55 Z-89-055 CAROLYN GREEAR, by Bob Hall 11 817 North Sylvania Avenue "E" Commercial to "F -R" Restricted Commercial Minutes of City Council M-3 Page 268 2 b9 Z-89-57 TUESDAY, JULY 11, 1989 Z-89-057 TOM and VIRGINIA NELSON 711 Grand Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-058 Z-89-058 B. KEVIN CATO 5921, 5925, 5929, and 5933 Grayson Street "B" Two -Family to "PD -SU" Planned Development/Specific Use to include all uses permitted in the "I" Light Industrial District; excluding arcades, bars, beer gardens, cocktail lounges, lounges, night clubs, taverns, billiards or pool halls, bowling alleys, dance halls, shooting galleries, sexually -oriented businesses, teenage clubs and amusement centers, motor vehicle junk yards, or any use producing 'offensive odors, -smoke, dust, excessive noise,;:fumes or vibrations. Z-89-59 II Z-89-059 MIKE CRADDOCK, by Brent Mizell 2841 Cullen Street "K" Heavy Industrial to "J" Light Industrial When the motion was put to a vote by the Mayor, it prevailed unanimously. Z-89-32 denied Mayor Pro tempore Gilley made a motion, -seconded by Council Member Murrin, that the City Council uphold the recommendation of the City Zoning Commission for denial of the application of Marvin Gearhart for a change in zoning of property located approximately in the 7300 Block of Will Rogers Boulevard from "J" ;Light Industrial to "K" Heavy Industrial, Zoning Docket No. Z-89-32. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Zapata introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote:;, AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, Garrison, Gilley, Murrin, Webber, and Chappell NOES: None Ordinance No. 10341 ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10341 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; 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 Minutes of City Council M-3 Page 269 Ordinance No. 10341 cont. Met in Closed or Executive Session Reconvened into Regular Session Adjourned TUESDAY, JULY 11, 1989 offense. Each day that a violation is permitted to exist shall constitute a separate offense. It was the consensus of the City Council that the City Council meet in closed or executive session to seek and receive advice from its attorney concerning matters which are protected from disclosure by the Code of Professional Responsibility of the State Bar of Texas, Canon 4: a. Contemplated litigation with Affiliated Food Stores, Inc., relating to the proposed annexation by the City of Fort Worth of approximately 188 acres of land owned by Affiliated Food Stores, Inc., and located west of U.S. Highway 377 and south of Wall Price -Keller Road; b. Contemplated litigation with Siecor Corporation relating to the proposed annexation by the City of Fort Worth of approximately 60 acres of land owned by Siecor Corporation and located west of U.S. Highway 377 approximately one-half mile south of Wall Price -Keller Road; c. Contemplated litigation with the City of Keller relating to the proposed annexation by the City of Keller of certain territory located in the extraterritorial jurisdictions of the City of Fort Worth and the City of Westlake and being described as that area east of Roanoke Road and north of Robin Drive and containing approximately 1,170 acres of land; and d. Contemplated litigation with the Cities of Southlake and Keller relating to the sale of.treated water and payment therefor; as authorized by Section 2(e) of the Texas Open Meeting Act, Article 6252-17, V.A.C.S. The City Council reconvened into regular session with all members present. There being no further business, the meeting was adjourned. p CITY SECRETARY Minutes of City Council M-3 Page 270