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HomeMy WebLinkAbout1989/08/01-Minutes-City CouncilCouncil Meg Members Present Invocation Piedge of Aaiegiance Minutes of July 25, 1989 were approved Recognition to Mrs. Joan Kline Mr. Ed Tavender International Sister Cities Purple Heart Day Proclamation Proclamation was read for Woodie Woods Withdrew H&C C- 11773, FP -2594 from consent agent Withdrew M&C C- 11771 from consent agenda CITY COUNCIL MEETING AUGUST 1, 1989 On the 1st day of August, 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; Mayor Pro tempore Garey W. Gilley; Council Members 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; Council Members Louis J. Zapata and William N. Garrison absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Oliver Smith, Tarrant Area Community of Churches. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the minutes of the meeting of, July.25, 1989, were approved. Presented certificate of recognition to Mrs. Joan Kline, former member of the Historic and Cultural Advisory Board. Mr. Ed Tavender of Sister Cities of Fort Worth, presented an International Sister Cities Association Award. A proclamation for Purple Heart Day was presented to Mr. Barney Barnhart, Commander, General Worth Chapter, Military Order of Purple Heart, Mr. Lionel Slobodian, Adjutant, and to Mr. Jack Summers. a A proclamation was read into the record for Woodie Woods Day. City Manager Harman requested that Mayor and Council Communication Nos. C-11773 and FP -2594 be withdrawn from the consent agenda. a Council Member Chappell requested that Mayor and Council Communication No. C-11771 be withdrawn from the consent agenda. Minutes of City Council M-3 Page 344 345 TUESDAY; AUGUST 1, 1989 Consent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the approved consent agenda was approved. Mrs. Mary Rogers Mrs. Mary Rogers, Chairman of the Park and Recreation Advisory Board, re posting policy appeared before the City Council and requested that the City Council appoint or ask the for intrusion into staff of the City Attorney's Office to draft a posting policy regarding intrusion into City Parks be City parks.. Mayor Bolen advised Mrs. Rogers that City Attorney Adkins will undertake drafted the project. Liability Bonds It was the consensus of the City Council that the following bonds be approved: CONTRACTOR'S BOND INSURANCE COMPANY Gifford Electric, Inc. Employers Mutual Casualty Company CEMENT BONDS Ed Knaus dba Knaus Construction Western Surety Company Company John Abney Concrete Contractors, Inc. Western Surety Company Pavement Services Corp. Western Surety Company ITINERANT VENDORS BOND Myong Chae Yu, Kyong Chae Yu, Wan Universal Surety of America Choon Lee, 0 Bong Lee, Mun Chae Yu 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: Owner --Raul A. 1. Claimant: Owner --Raul A. Pacheco; Driver -- Pacheco; Driver Alberto Tristain Alberto Tri staff n Date Received: July 25, 1989 Date of Incident: July 2, 1989 Location of Incident: 3701 North Nichols St. Estimate of Damages/ Injuries: $1,585.00 - $1,700.00 Nature of Incident: Claimants allege damages and injuries as the result of an accident involving a crane truck. Fort Worth R & L 2.. Claimant: Fort Worth R & L Wrecker Service, Wrecker Service, Inc. (Brenda Myers, President) Inc. ( Brenda Myers Date Received: July 25, 1989 President) Date of Incident: May 28, 1989 through July 15, 1989 Attorney: Larry G. Wood, P.C. (Arthur R. Petersen) Location of Incident: 5728 East Berry/2308 East Lancaster Estimate of Damages/ Injuries: $558.38 Nature of Incident: Claimant alleges damages resulting from the removal of alleged stolen vehicle from private property and subsequent removal from Fort Worth R & L Wrecker Service to City Auto Pound without payment of accrued charges. Mrs. Johnny W. Head 3. Claimant: Mrs. Johnny W. Head Date Received: July 25, 1989 Date of Incident: May Location of Incident: 916 Barclay Estimate of Damages/ Injuries: Undeclared (requests replanting of grass) Nature of Incident: Claimant alleges damages to her property caused by the placement of pile of dirt on her property. Stephen Nix Broom 4. Claimant: Stephen Nix• Broom Date Received: July 25, 1989 Date of Incident: June 14, 1989 Location of Incident: Intersection of Taylor and Weatherford Estimate of Damages/ Injuries: $160.50 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Minutes of City Council M-3 Page 345 346 TUESDAY, AUGUST 1, 1989 John A. Bonin 5. Claimant: John A. Bonin Date Received: July 25, 1989 Date of Incident: July 19, 1989 Location of Incident: 1000 Cherry (Fire Station 2 Parking Lot) Estimate of Damages/ Injuries: $700.31 - $742.02 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving City -owned vehicle (pole trailer). Michelle LaNai 6. Claimant: Michelle LaNai Hinderman Hi nderman Date Recei ved: July 24, 1989 Date of Incident: June 7, 1989 Location of Incident: 4700 Miller St. Estimate of Damages/ Injuries: $2,283.87 - $2,305.77 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (police). Randy Childers 7. Claimant: Randy Childers Date Received: July 24, 1989 Date of Incident: June 24, 1989 Attorney: Kugle, Stewart, Dent & Frederick (Michael E. Frederick) Location of Incident: 6900 E. Lancaster Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of alleged illegal and unlawful detention and imprisonment by Fort Worth Police Personnel. Sharon Denise 8. Claimant: Sharon Denise Ward Ward Date Received: July 24, 1989 Date of Incident: June 22, 1989 Location of Incident: Corner of Enon and Oak Grove Estimate of Damages/ Injuries: $261.37 Nature of Incident: Claimant alleges damages to her automobile as the result of street conditions. Brenda J. Smith 9. Claimant: Brenda J. Smith Date Received: July 24, 1989 Date of Incident: July 16, 1989 Location of Incident: 2700 N. Clinton Estimate of Damages/ Injuries: $577.24 Nature of Incident: Claimant alleges damages to her automobile as the result of street conditions. Earl ena English 10. Claimant: Earlena English Date Received: July 24, 1989 Date of Incident: Started 2 years ago Location of Incident: 3633 Rufus Estimate of Damages/ Injuries: $1,200.00 - $1,384.00 Nature of Incident: Claimant alleges damages resulting from roots of City tree damaging driveway. Manuela B. Stevens 11. Claimant: Manuela B. Stevens Date Received: July 21, 1989 Date of Incident: June 7, 1989 Location of Incident: 5400 West Vickery Estimate of Damages/ Injuries: $202.02 Nature of Incident: Claimant alleges damages to her automobile as the result of striking an open sewer hole. Manuel S. Eseami- 12. Claimant: Manuel S. Eseamilla Ila Date Received: July 21, 1989 Date of Incident: July 7, 1989 Location of Incident: 429 Byron Estimate of Damages/ Injuries: $1,915.00 - 2,450.00 Nature of Incident: Claimant alleges damages to his property as the result of a water main break. Minutes of City Council M-3 Page 346 347 TUESDAY, AUGUST 1, 1989 Minutes of City Council M-3 Page 347 Robert E. Mardis, Jr. 13. Claimant: Robert E. Mardis, Jr. Date Received: July 20, 1989 Date of Incident: July 6, 1989 Location of Incident: 3251 Hutchison Estimate of Damages/ Injuries: $75.38 Nature of Incident: Claimant alleges da -ages to his property as the res altii of Water Department crew damaging gas meter. William Jarrett 14. Claimant: William Jarrett Michel Michel Date Received: July 20, 1989 Date of Incident: May and June Location of Incident: 2115 Primrose Avenue Estimate of Damages/ Injuries: $1,584.00 - $1,850.00 Nature of Incident: Claimant alleges da -ages to his property as the result of.t,e Water Department crew damaging driveway while replacing lead pi)es:. Amy Lanette Fisher 15. Claimant: Amy Lanette Fisher Date Received: July 20, 1989 Date of Incident: June 6, 1989 Location of Incident: 700 block of South I,dust,ial (Hwy 157) Estimate of Damages/ Injuries: $1,934.99 - $3,300.00 Nature of Incident: C 1 ai mant al 1 eges da ,ages to her automobile as the result of an accident involving a City -owned vehicle. Correspondence from Mr. H.H. Alexander There was presented correspondence from Mr. H.H. Alexander expressing his re Smoking Ordinance concerns regarding the Smoking Ordinance in the City of Fo^t 4o,th. It was the consensus of the City Council that correspondence be referred to tie Office of the City Manager. Miss Sarah Elizabeth Attention of the City Council was called to corres )or de ice from Miss Sarah Paxton re Miss Texas Elizabeth Paxton expressing appreciation during the week of the 4iss Texas Pageant. Pageant M&C G-8129 re There was presented Mayor and Council Communicati)'n No. G-8129, dated denied Proposed July 18, 1989, from the City Manager stating that the Deve'>>rert Policy Advisory Amendment to Plan Committee formed the Traffic Impact Study Subcommittee to review t -e policy for traffic Commission Rules impact studies as required in the Plan Commission Rules and Regulations in 1986; that, and Regulations in January 1988, the Subcommittee published a report recomre'd'rg a revised set of Traffic Impact traffic impact study guidelines and an improved review and approval )rocess; that the Studies Development Policy Advisory Committee fully supported the recommendation made by Traffic Impact Study Subcommittee and recommended the revised gJid'e,ines and improved process be implemented during their February 11, 1988, meeting; tia't, subsequently, a proposed amendment to the Plan Commission Rules and Regulations !was sent out to the development industry, and comments were received and considered; and recommending that the City Council adopt the amendment to the Plan Commission Rales and Regulations encompassing the traffic impact review approval process as recommerded by the City Plan Commission on January 25, 1989. Mayor Pro tempore Gilley made a :iotion, seconded by Council Member Murrin, that Mayor and Council Communication No. G-8129, Proposed Amendment to Plan Commission Rules and Regulations Traffic Impact St.idies, be denied. When the motion was put to a vote by the Mayor, it prevailed unanim)asly. M&C G-8129 revised There was presented Mayor and Council Communication No. G-8129 Revised from Development Policy the City Manager stating that the Development Policy Advisory C'ormittee formed the Advisory Committee Traffic Impact Study Subcommittee in 1986 to review the policy for traffic impact formed the Traffic studies as required in the Plan Commission Rules and Regulations; Vat the Subcommittee Impact Study published a report recommending a revised set of traffic impact study guidelines and an Subcommittee improved review and approval process that revised traffic impact st.dy guidelines that were approved by DPAC will decrease study preparation efforts and time, thereby decreasing developer costs without affecting the information City staff needs to make informed decisions on transportation needs; that an improved review and approval process will be implemented which establishes but minimizes review time by no longer requiring an official staff approval; that the Development Policy Advisory Committee fully supported the.recommendations made by TISS and recommended that the revised guidelines and improved process be implemented during their February 11, 1988, meeting; that the Plan Commission conducted a public hearing and, subsequently, a proposed amendment to the Plan Commission Rules and Regulations was sent out to the Development Industry and comments were received and considered; that the amendment was then taken back to the Plan Commission who subsequently recommended approval to the City Council; that the Council Development Committee reviewed the proposed policy amendment on July 25, 1989, and concurs with the changes; and recommending that the City Council adopt the proposed amendment to Plan Commission Rules and Regulations encompassing the traffic impact review approval process as recommended by the City Plan Commission on January 25, 1989. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the recommendation was adopted. Minutes of City Council M-3 Page 347 348 TUESDAY, AUGUST 1, 1989 M&C P-3618 be Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, reconsidered that Mayor and Council Communication No. P-3618, which was approved on the consent agenda, be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. At the request of City Manager Harman, Mayor and Council Communication No. P-3618, Purchase of Cash Control Systems from Allstate Locksmith for the Park and Recreation Department, Golf Division, was withdrawn from the agenda. M&C G-8135 re appointed Steve There was presented Mayor and Council Communication No. G-8135, dated Murrin on the July 25, 1989, from the City Manager, as follows: Crime Control and Prevention SUBJECT: APPOINTMENT OF CRIME CONTROL AND PREVENTION DISTRICT District Board BOARD MEMBER RECOMMENDATION: It is recommended that City Council appoint Mayor Bob Bolen as the City of Fort Worth representative on the interim Tarrant County Crime Control and Prevention District Board, and that Mayor Pro Tem Garey Gilley be appointed as the official Alternate Member from the City of Fort Worth. DISCUSSION: Governor Bill Clements signed Senate Bill 1694 on June 14, 1989. The bill, which allows for the consideration of the establishment of a Crime Control and Prevention District in Tarrant County, went into effect on that date. Establishment of the District will authorize collection of up to a one-half percent sales tax, to be dedicated to crime control and prevention.. Of the total amount of revenues generated by the tax, one-half will be given to the Tarrant County Commissioners Court and the other one-half will be reserved for projects of the municipalities. Of the funds dedicated to municipal crime control and prevention, one-half (or one-fourth of the total) will be allocated to communities based on a formula representative of population and crime records. The remaining one-half of the municipal funds will be in a District Board discretionary fund, with grant applications filed by municipalities or groups of municipalities for those monies. The District is considered established on a temporary basis as of June 14, 1989. Actions necessary to transition to an operational district are summarized below. Process for Creating the District: 1. Within 60 days of the effective date (by August 13), the Board members must be appointed by the various entities. The Board consists of (1) the County Judge or a member of Commissioners Court; (2) the Fort Worth Mayor or a Councilmember; (3) the Arlington Mayor or a Councilmember; (4) a representative of the remaining city councils in the County; (5) the District Attorney; (6) a Criminal District Court Judge, chosen by his/her peers; and (7) another member appointed by the first six members appointed. 2. Within 75 days of the effective date (by August 28) the Board must organize. 3. Within 15 days of organization of the Board, the Board must appoint the seventh Board member (anyone other than those positions named as Board members). 4. The Board must then oversee the development of a Budget Plan and Crime Control Plan (see details below). 5. Once the Budget Plan and Crime Control Plan are complete, the Board calls for the election and announces the tax rate. The election can be on any date set by the Board. Costs of the election are to be paid by Tarrant County (40 percent), the City of Fort Worth (40 percent), and the City of Arlington (20 percent), as set by statute. All costs are to be reimbursed by the District sales tax revenues if approved by the voters. The anticipated cost of the election will vary, depending upon the election date chosen by the Board. 6. The election notice must be published on two consecutive weeks, with the first at least 35 days before the election. Minutes of City Council M-3 Page 348 &C G-8135 cont. e appointment Stev urrin on the Crime ontrol and Preven- ion District Board &C G-8141 re DBG Year XI ousing to the new rban Homestead dministration &C G-8142 re ettlement of laim filed by Leea onrtavy &C G-8143 re uthorized payment rom EmTech Envir- nmental Services, nc. 349 TUESDAY, AUGUST 1, 1989 7. Following a successful election, the Comptroller of Public Accounts must receive notice of the election results and must receive them one calendar quarter before beginning to collect the tax. However, the tax may only be initiated October 1, each year. Thus, the most likely date the District might begin is October 1, 1990, which will require an election be held before July 1, 1990. To Summarize: 1. Law went into effect. (June 14, 1989) 2. Board members.are to be appointed. (By August 13, 1989) 3. Board must organize. 4. Board must appoint '7th member. 5. Board must oversee development of Budget Plan and Crime Control Plan. 6. Board must call election. 7. Election notices must be published. 8. Election must be held. 9. Upon successful election, Comptroller is notified to begin tax -- he needs a calendar quarter notification, and can only start the tax each October 1st. STAFF SUPPORT: To insure that all of the above steps take place in a timely manner, and are properly documented, an internal task force has been established that include Assistant City Manager Bob Terrell, Police Chief Thomas Windham, Management Services Director Charles Boswell, and Intergovernmental Affairs Coordinator Cinde Weatherby. The group will be meeting soon with staff representatives of other governmental entities to review requirements for the process of creating the District. Mayor Bolen made a motion, seconded by Council Member Chappell, that Council Member Steve Murrin be appointed to serve as representative on the interim Tarrant County Crime Control and Prevention District Board, and Council Member Virginia Nell Webber be appointed to serve as official alternate member from the City of Fort Worth and that Mayor and Council Communication, as amended, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. G-8141 from the City Manager stating that the Department of Housing and Urban Development notified the City of Fort Worth of the Housing for the Homeless Program in 1986; that, through this program, the City could lease FHA repossessed units from HUD for a $1.00 annual fee for use as transitional housing for the homeless; that the City proceeded with discussion with the agencies involved concerning contracts and program implementation; that, ultimately, the City and HUD were unable to negotiate a contract which would meet HUD requirements, City regulations, and State of Texas laws, and it was determined that leasing the units was not feasible and the program could not be implemented; that it is requested that funds budgeted for Homeless Living Program be used to administer the HUD Urban Homesteading Program and Local Urban Homesteading Program which are administered in conjunction with the Fort Worth Housing Finance Corporation; and recommending that the City Manager be authorized to transfer $41,650.00 from the CDBG Year XI Housing for Homeless Account No. 76-206080-96 to the new Urban Homestead Administration Account No. 76-206080-95; and apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 at the 1988 rate of 20.25 percent representing the most recently approved rate for this department. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. G-8142 from the City Manager stating that Leea Courtney filed a claim for personal injuries allegedly sustained on February 16, 1988, at 4300 East Lancaster; that Courtney was struck by a police vehicle on routine patrol at about 8:00 p.m. as she walked across East Lancaster; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Ms. Courtneythrough her attorney and has agreed to a settlement of $7,500.00; that the Risk Management Department recommends this settlement to avoid litigation; that this settlement include a $6,618.85 lien by John Peter Smith Hospital; stating that funds are available in City Self -Insurance Fund 71, Account No. 15-00-00, Index Code 395905; and recommending that the settlement of the claim filed by Leea Courtney be approved and that the City Manager be authorized to expend the total sum of $7,500.00 for the settlement agreed to by Ms. Courtney and her attorney. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-8143 from the City Manager stating that on February 11, 1989, the Fire Department's HazMat Squad responded Minutes of City Council M-3 Page 349 350 TUESDAY, AUGUST 1, 1989 m&u h-ui43 cont. re authorized to an oil spill in the creek near Sammy's Bar B Q from a location around Northeast 28th payment from Street and Sylvania; that, after containing the spill, the squad called EmTech in to EmTech Envi ronmen clean up and dispose of the oil in the creek to prevent further contamination of the tal Services, Inc. area downstream; that subsequent investigation and analysis proved that the original for emergency re- suspected source was incorrect and investigators were unable to identify any other sponse and sub- responsible party; that funds are available in General Fund 01, Account No. 90-66-00, sequent clean-up Index Code 323865; and recommending that the City Council authorize payment of Invoice of oil spill in a No. E-136 from EmTech Environmental Services, Inc., in the amount of $15,298.03 for creek emergency response and subsequent clean-up in February 1989 of an oil spill into the creek from an unknown source in the area of Northeast 28th Street and Sylvania. It was the consensus of the City Council that the recommendation be adopted. M&C G-8144 re There was presented Mayor and Council Communication No. G-8144 from the City authorized consent Manager stating that Mr. John J. Burgess,- Jr., Consulting Engineer for Fine Line, Inc., agreement for tem is requesting permission to close all of Third Street between Houston and Throckmorton porary use of Streets and portions of the west side of Throckmorton Street, south side of Second public property for Street, and east side of Houston Street for the purpose of providing space for temporary closure demolition of existing buildings and construction of the Sundance West complex to of Third Street include a parking garage; that the projected date of closure is July 18, 1989, or between Throckmor shortly thereafter; and recommending that the City Manager, or his designee, be on and Houston authorized to enter into a Consent Agreement for Temporary Use of Public Property, with Streets for de- such agreement permitting temporary closure of all of Third Street between Throckmorton mol i ti on of exist and Houston Streets. It was the consensus of the City Council that the recommendation i ng bui i di ngs and be adopted. construction of the which is not required by the developer for immediate access to his property; that, when Sundance gest com There was presented Mayor and Council Communication No. G-8145 from the City plex Manager stating that the City of Fort Worth, Texas, filed suit against defendant, Louis M&C G-8145 re Jacobini, Cause No. 342-101058-86, seeking an injunction and civil penalties in settlement of connection with alleged zoning ordinance violations at 3417 Wellington Road, Fort claim of Louis Worth, Texas; that it is proposed in settlement of the case, defendant pay $600.00 in Jacobini civil penalties consisting of $150.00 per day for four separate days of violation of the zoning ordinance; that it is also proposed such civil penalties be paid within 45 days following the date the judgment in the case is signed; that it is further proposed the City of Fort Worth pay the cost of court in the case; stating that funds are available in General Fund 01, Account No. 06-20-00, Index 233064; and recommending that the City Council approve the settlement of the reference case on the terms described and authorize the City Manager or his representative to execute, and its attorney to approve, the documents required to complete such settlement. It was the consensus of the City Council that the recommendation be adopted. M&C G-8146 re There was presented Mayor and Council Communication No. G-8146 from the City prposed change to Manager stating that the current Policy for Installation of Community Facilities the Policy for covering "Border-Unopen Streets" requires that a developer who is "first -in" provide Installation of the entire right-of-way and 100 percent of the construction cost for full -width Community Faci 1 i ti construction of the street and drainage improvements; that this policy has caused much es emcompassing "Border-Unopen consternation on the part of various developers and the City staff; that the perception i s that it . i s an onerous bu rden to requi re a devel oper who is the owner of only one Streets" side of a border-unopen street to pay for the entire street cost, while allowing the owner of business of the other side to "ride -free"; that, furthermore, obtaining full -width right-of-way in most cases places an additional financial burden on the active developer; that the proposed policy distinguishes between a border-unopen street which a developer immediately needs to serve his property and a border-unopen street which is not required by the developer for immediate access to his property; that, when a developer does not immediately need the street for access, he may dedicate only one-half the full -width construction for the street; that, in the latter case, the construction of the border-unopen street can be delayed until the property owner on the opposite side wants to develop his property or the active developer decides he needs that street to serve his property; that the proposed revision to the Policy of Installation of Community Facilities was taken to the Development Policy Advisory Committee on September 15, 1988; and recommending that City Council adopt a proposed policy change to the Policy for Installation of Community Facilities encompassing "Border-Unopen Street", as recommended by the City Plan Commission at its January 25, 1989, public hearing. On motion of Mayor -Pro tempore Gilley, seconded by Council Member Murrin, the recommendation was adopted. M&C G-8147 re There was presented Mayor and Council Communication No. G-8147 from the City policy statement Manager, as follows: on tax abatement for qualified SUBJECT: POLICY STATEMENT ON TAX ABATEMENT TO QUALIFIED commercial/in- COMMERCIAL/INDUSTRIAL PROJECTS dustrial project RECOMMENDATION: It is recommended that the City Council adopt the attached �_- resolution for the purpose of taking the following action: 1. To establish a Policy Statement on Tax Abatement for Qualified Commercial/Industrial Projects. This Policy Statement establishes guidelines and criteria governing City of Fort Worth tax abatement agreements to qualified commercial/industrial projects. 2. To amend Resolution No. 1401 in order to create a Comprehensive Policy on Tax Abatement to Qualified Projects. Minutes of City Council M-3 Page 350 351 TUESDAY, AUGUST 1, 1989 M&C G-8147 cont. The Comprehensive Policy consists of the Policy Statement for policy statement Qualified Downtown Residential Projects (adopted on March 21, on tax abatement 1989) and the proposed .Policy Statement for for qualified Commercial/Industrial Projects. commercial/in- it the adoption of dustrial project 3. To authorize and direct the City Secretary to deliver to the presiding officer of each affected taxing unit a copy of the Mayor Bolen; Mayor Pro tempore Gilley; adopted policy statement and notice that the City of Fort Worth may establish reinvestment zones and enters into tax McCray, Murrin, Webber, and Chappell abatement agreements. BACKGROUND: None: State law requires a city to establish guidelines and criteria to govern tax abatement agreements and designate a reinvestment zone Council Members.Zapata and Garrison before it can consider tax abatement agreements. On March 21, 1989, the City Council established guidelines and adopted, is as follows: criteria for tax abatement to qualified downtown residential Resolution No. projects. Subsequently, a downtown reinvestment zone was established, and on July 25, 1989, the first tax 'abatement 1452 agreement was authorized. RESOLUTION NO. 1452 Adoption of.the attached resolution would broaden the City's policy - to also address qualified commercial/industrial projects throughout WHEREAS, the enhancement of the tax the City, and outlines the criteria and guidelines for tax abatement to such projects. will benefit the citizens of the City of The proposed policy statement requires, a minimum, a $50 million project and gives preference to projects which create`more than 1,000 new jobs. Furthermore, the proposed policy statement limits tax abatement to "eligible industries". Because the City of Fort Worth has three city -owned airports, and in view of the importance of aviation to this city and to the region's economy, the specified "eligible industries" are defined as Certificated Air Carriers and SIC code 45, Transportation by Air. It should be noted that because of recently adopted amendments to the state law, it may be necessary to amend the policy statement after September 1, 1989 when those amendments become effective. Because this action may be legally interpreted as a revision to the policy statement adopted on March 21, 1989, approval will' require a 3/4 vote of City Council to comply with state law. M&C G-8147 approved Council Member Chappell made a motion, seconded by Council Member Murrin, that Mayor and Council Communication No. G-8147 be approved, as amended, by providing for a minimum project amount of $25 million rather than $50 million. Mr. Jack Tollett Mr. Jack Tollet, 1144 Clara. Street, appeared before the City Council and re M&C G-8147 expressed opposition to lowering the policy statement minimum project amount to policy statement $25,000,000.00 rather than $50,000,000.00 and stated that, in his opinion, the City of Fort Worth needs to maintain some type of tax base at the airport. When the motion, that Mayor and Council Communication No. G-8147 be approved, as amended by providing for a minimum project amount of $25 million rather than $50 million, was put to a vote by the Mayor, it prevailed unanimously. Introduced an Ret6lation Council Member Chappell introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Granger, McCray, Murrin, Webber, and Chappell NOES:. None: ABSENT: Council Members.Zapata and Garrison The resolution, as adopted, is as follows: Resolution No. 1452 RESOLUTION NO. 1452 - WHEREAS, the enhancement of the tax base and the local economy will benefit the citizens of the City of Fort Worth, Texas; and WHEREAS, Texas Legislature has enacted laws regarding tax abatement which permit the cities of the State of Texas to participate in such programs as a direct means of assisting in the retention and expansion of primary employment and to help allow major investment to the City which would be a benefit to the property in the City as well as the taxpayers and citizens; and Minutes of City Council M-3 Page 351 352 Resolution No. 1452 cont.. TUESDAY, AUGUST 1, 1989 WHEREAS, the provisions of certain economic development incentives may encourage the development or redevelopment of commercial/industrial projects in the City of Fort Worth; and WHEREAS, the creation of a specified reinvestment zone will be likely to contribute to the retention or expansion of primary employment or to attract major investment that would be a benefit to the property and that would contribute to the economic development of the City of Fort Worth; and WHEREAS, the Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code, Chapter 312, allows cities to establish local guidelines and criteria for tax abatement agreements which are a prerequisite for designation of reinvestment zones; and WHEREAS, the establishment of specific criteria, guidelines and procedures are necessary to effectively and fairly administer the provision of economic development incentives; and WHEREAS, state law requires the adoption of criteria and guidelines governing the establishment of tax abatement agreements; and WHEREAS, on March 21, 1989, Resolution #1401 was adopted declaring that the City of Fort Worth elects to become eligible to participate in tax abatement and established criteria and guidelines for tax abatement to qualified downtown residential projects. CITY OF SECTION SECTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE FORT WORTH, TEXAS: I. THAT the City of Fort Worth hereby establishes a Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects in the City of Fort Worth, attached hereto as Exhibit "A" and which Exhibit "A" is incorporated herein as if copied in its entirety and is approved, and which document contains and establishes guidelines, criteria and - procedures governing tax abatement agreements to qualified commercial/industrial projects. II. THAT the City of Fort Worth amends the Policy Statement it adopted in Resolution #1401 to establish a Comprehensive Policy Statement on Tax Abatement which consists of the Policy Statement on Tax Abatement to a.) qualified downtown residential project, and b.) qualified commercial/industrial projects. SECTION III. THAT the criteria and guidelines established within the Comprehensive Policy Statement on Tax Abatement to Qualified Residential and Commercial/Industrial Projects in the City of Fort Worth shall expressly govern all subsequent tax abatement agreements, as required by State law. SECTION IV. THAT the City Secretary is hereby authorized and directed to deliver to the presiding officer of each affected taxing unit a copy of the Tax Abatement policy and notice that the City of Fort Worth may establish reinvestment zones and enter into tax abatement agreements. SECTION V. THAT this resolution shall take effect from and after its final date of adoption, and it is accordingly so ordered. POLICY STATEMENT REVISED FOLLOWING AUGUST 1, 1989 WORK SESSION AND SUBMITTED TO CITY COUNCIL FOR ACTION ON AUGUST 1, 1989 EXHIBIT "A" CITY OF FORT WORTH POLICY STATEMENT ON TAX ABATEMENT TO QUALIFIED COMMERCIAL/INDUSTRIAL PROJECTS (GUIDELINES AND -CRITERIA) I. GENERAL PURPOSE AND OBJECTIVES The City of Fort quality development improvement in the Worth is committed to the promotion of high in all parts of the City, and to an ongoing quality of life for its citizens. Insofar as Minutes of City Council M-3 Page 352 J 5 c) TUESDAY, AUGUST 1, 1989 es oiu tion No. these objectives are generally served by the enhancement of the tax 452 cont. base and expansion and diversification of the local economy, the City of Fort Worth will, on a case-by-case basis, give consideration to providing tax abatement, pursuant to the Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code, Sections 312.001 through 312.209, as from time to time amended, as a stimulation for economic growth, and diversification in Fort Worth., Priority consideration will be given to those projects which result in little or no additional cost to the City and/or projects which create greater than 1,000 new jobs. It is the policy of the City of Fort Worth that said consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. Nothing herein shall imply or suggest that the City of Fort Worth is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. According to Texas law, Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code, Chapter 312, the City of Fort Worth may grant tax abatement on the incremental value of a particular property that is improved pursuant to a specific development proposal which meets the economic goals and objectives of the City. The abatement will apply only to the incremental increase in valuation. The abatement will also apply to tangible personal property located in the reinvestment zone after the execution of an abatement agreement, including inventory and supplies of certificated air carriers (Note: Senate Bill 1312 and House Bill 2043, Acts of the 71st Legislature, Regular Session, 1989). Tax Abatement will not be ordinarily considered for projects which would be developed without such incentives unless' it can be demonstrated that higher development standards or other development and community goals will be achieved through the use of the abatement: Based on the general purpose and objectives and in compliance with the intent and tenets of the Texas Property Redevelopment and Tax Abatement Act, the City of Fort Worth will establish reinvestment zones for economic development purposes. Within the reinvestment zones there will be permitted tax abatement of the increase in value of real and tangible personal property, including inventory and supplies for certificated air carriers. Tax abatement will be offered only within designated reinvestment zones and only to those industries identified in Section III, Definitions,,'"Eligible Industries". II. CRITERIA Any request for tax abatement shall be reviewed by the City staff for recommendations to the City Council. Its determination shall be based upon an evaluation of the following criteria and any other relevant information and material, which each applicant will be requested to address in narrative format. Any proposed project must conform to the general guidelines specified below: * Any request for tax abatement must involve a development project, excluding land, with either (i) a minimum incremental increase in value of 25 million dollars or (ii) a minimum cost' of 25 million dollars. * The project must make a substantial contribution to development efforts in the City by enhancing either additional development activity or furthering redevelopment and preservation activities within special planning areas or be located in a special development zone of the City such as an Enterprise Zone. * The project must have high visibility, image impact or be of a significantly higher level of development quality, than that which currently exists in the City. * The project must serve as a catalyst and prototype for additional development of a higher standard or development of an additional industry which has been identified to be an asset to the community. * The project must generate a higher concentration of employment potential than would otherwise be achieved. * The project must enhance property value and complement other land uses in the project vicinity. Applications for tax abatement incentives should provide a written narrative detailing how the proposed project relates to the criteria established above and the issues listed below. In Minutes of City Council M-3 Page 353 354 - TUESDAY, 5J4 - TUESDAY, AUGUST 1, 1989 Resolution No. addressing the following issues, the applicant should indicate the 1452 appropriate time frames in which the proposed events and/or resulting impacts will occur, where applicable. Additionally,it is understood the information provided will be, out of necessity, estimates only. The applicant should endeavor to provide the most accurate estimates possible based upon available information. The applicant may be .requested by the City to describe the logics/methodologies utilized to sa)ply sip)orting documentation. EMPLOYMENT IMPACT Number of new jobs created in Fort Wort). Percentage of new employees which will Aa) come from outside the City of Fo -t Wo ,th aid (b) from outside the State of Texas. Types of jobs created. Total projected annual payroll of the new'y created jobs. PROPOSED IMPROVEMENTS Identify and describe the kind, number aid location of all pro)osed improvements to the property, as well as tie lard area and cost, and discuss the development schedule of t,e proposed improve -lents. In addition, City staff may request the sgja"e footage of the proposed project.. Identify the infrastructure constructioi which will )e ^egjired to serve the proposed project and the estimated cost of said construction. FISCAL IMPACT Amount of real and tangible personal prope-ty value aaaea To tie tax rolls.:. Amount of direct sales tax generated. Proposed project's effect on existirg businesses and/o- office facilities. Cost to the City of Fort Worth to provide Pinici)al se -vices to the proposed project. COMMUNITY IMPACT Effect of the proposed project on the local housirg Parket. Environmental impact, if any, created by tie project. Compatibility of the proposed project w'ti the City's conpretensive plan. Rezoning and platting/replatting required. Impact on local school districts. Impact on the County government. Impact on all other taxing entities. Impact on the City of Fort Worth. The criteria outlined in this section will be used )y tie City staff to determine whether or not to reco-ineid to t,,e City Council whether it is in the best interest of the City of Fort Wo,ti and other affected taxing entities, that tax a)ate-ient be offered to a particular applicant. Specific conside,ations will inclide the degree to which the individual project furtie,s the goals and objectives of the community, as well as tie relative impact of tF e project on the community.. III. DEFINITI0 VS 'Eligible Industries": Certain types of bisi less investient show high promise of creating new jobs, new inco-ie and )ositive econoiic spill-over effects beneficial to the City. As a resilt, tax abatements will be eligible only to certificated air carriers and industries in Major Group 45, "Transportation by Air", as described Minutes of City Council M-3 Page 354 355 TUESDAY, AUGUST 1, 1989 Resolution No. in the Standard Industrial Classification Manual, U. S. Office of 1452 cont. Management and Budget, 1987. A copy of Major roup 45 of the SIC Manual is attached hereto and made a part hereto by reference. IV. GUIDELINES After following and complying with all statutory and other requirements and after a determination is made that a taxabatement agreement should be entered into with the applicant, the value and term of the abatement will be determined by the 'following guidelines:, MINIMUM ELIGIBILITY REQUIREMENTS 1. The project must be an eligible industry as defined in Section III. Definitions. 2. The investment in new facility (structural improvements to land) must result in a structure or structures having either a minimum added value of twenty-five million dollars (excluding land) or a minimum cost of twenty-five million dollars (excluding land). 3. The project must comply with all criteria defined in Section II above. TAX ABATEMENT LIMITATIONS 1. The rate of tax abatement for any tax year shall be 100% of the incremental increase in value of real property and tangible personal property, including inventory and supplies of the certificated air carriers. 2. In order. to qualify for the (100%) tax abatement, the owner of the subject property must meet the following minimum threshold eligibility requirements: a. Construct and equip within the reinvestment zone a structure or structures having either a minimum added value of twenty-five million dollars (excluding land) or a minimum cost of twenty-five million dollars (excluding land). 3. To determine if the project meets the minimum eligibility requirement, the applicant will certify to the City Manager's Office the cost of the new improvements for which the abatement is requested. 4. The tax abatement period shall not exceed fifteen (15) years. 5. Any tax abatement granted a project will become effective on January 1 of the year following the issuance of a Certificate of Occupancy (CO) for the new facilities unless otherwise specified in the tax abatement agreement. The total acreage of the project shall be assessed at 100 percent market valuation upon execution of the abatement agreement, unless otherwise addressed in the tax abatement agreement.' 6. If a project is not completed as specified in the tax abatement agreement, the City has the right to cancel the abatement agreement and abated taxes shall become due to the City and other affected taxing entities, as provided by law. V. PROCEDURAL GUIDELINES Any person, partnership, organization, corporation or other entity desiring that the City of Fort Worth consider providing tax abatement to encourage location of operations within the city limits of Fort Worth shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Fort Worth is under any obligation to provide tax abatement in any amount or value to any applicant. Preliminary Application Steps A. Applicant shall submit an "application for tax abatement". B. Applicant shall address all criteria questions outlined in Section II above in letter format.. C. Applicant shall prepare a survey map showing the precise location of the property, all roadways within five hundred (500) feet of the site, all.existing land uses and zoning Minutes of City Council M-3 Page 355 356 TUESDAY, AUGUST 1, 1989 Resolution No. within five hundred (500) feet of the site and. the kind, 1452 cont. number and location of all proposed improvements. D. City may request applicant to provide substantiation of the economic feasibility of the overall project to assist in determining the long term benefit to the City. E. A complete legal description of the property shall be provided.. F. Applicant shall complete all forms and information detailed in items A through E above and submit them to the City Manager, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas, 76102. Application Review Steps G. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. H. The application may be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. I. Copies of the complete application package and staff comments will be provided to the City Council. Consideration of the Application J. The City Council will consider the application at meetings conducted pursuant to the Open Meetings Act and the Property Redevelopment and Tax Abatement Act. Additional information may be requested as needed. K. The City Council may consider a resolution calling a public hearing to consider establishment of a reinvestment zone. L. The City Council may hold the public hearing and determine whether the creation of the reinvestment zone would contribute to the retention or expansion of primary employment or would attract major investment in the zone and would contribute to the economic development of the City. M. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial reinvestment zone for tax abatement. N. The City Council may consider adoption of a resolution which approves the terms and conditions of an agreement between the City and the applicant, and governs the provision of the tax abatement. At minimum, the agreement shall include the following: 1. General description of the project; 2. Amount of the tax abatement; 3. Duration of the abatement; 4. Type, number, location and timetable of planned improvements; and 5. Any specific terms and conditions to be met by the applicant. 0.' The governing bodies of any affected independent school district, Tarrant County or Denton County, and all other applicable taxing units may consider ratification of and participation in the tax abatement agreement between the City of Fort Worth and the applicant. P. Should the terms of the agreement not be satisfied, the tax abatement shall be subject to cancellation as provided in the tax abatement agreement, and all abated taxes shall be paid to the City of Fort Worth and all other taxing jurisdictions participating in the tax abatement agreement as provided by law. If a project granted a tax abatement ceases to operate or is no longer in conformance with this policy statement, the tax abatement agreement shall not be in effect for the period of time during which the project is not operating or is not in conformance. The City of Fort Worth may negotiate with the recipient of a tax abatement to waive the recapture provisions or to terminate the agreement. Q. The City of Fort Worth reserves the right to verify the applicant's credit worthiness prior to granting a tax Minutes of City Council M-3 Page 356 357 TUESDAY, AUGUST 1, 1989 Resolution No. abatement and to review the -financial condition of the project 1452 cont 1452 cont. during the term of the abatement. The City of Fort Worth also reserves the right for a representative to inspect the facilities of the applicant during the term of the abatement and to verify the information provided in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. VI. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY No tax abatement rights may be sold, assigned, or leased unless otherwise specified in the tax.abatement agreement. Any sale, assignment or .lease of the property which is not permitted in the tax abatement agreement results in a forfeiture of all tax abatement rights as to the property sold, assigned or leased, unless the City agrees to ratify the transfer. M&C P-3615 re There was presented Mayor and Council Communication No. P-3615 from the City establishing a Manager submitting a tabulation of bids received for the purchase of a video console policy statement system for the video production studio for the Fire/Police Training Center; stating on tax abatement that funds are available in Public Safety Improvement Fund 07, Project No. 011200-00, for qualified comm Index Code 616128; and recommending that -the purchase be made from MZB/Gray, Inc., on ercial/industrial its low bid of $23,125.00 net, f.o.b. Fort Worth. It was the consensus of the City project Council that the recommendation be adopted.. M&C P-3616 re purchase of safety There was presented Mayor and Council Communication No. P-3616 from the City work boots for the Manager stating that .the Employment and Training/Working Connection started the summer Employment and work program on June 9, 1989; that 100 students were anticipated to participate in this Training Departments program and an additional 24 students enrolled resulting in the department purchasing a with Work Wear ShoeGrant total of 124 pairs of safety work boots at $44.95 a pair; that funds are available in and Safety Fund 76, Project No. 405457-03, Index Code 510289; and recommending that the City Council confirm the purchase of safety work boots for the Employment and Training Department with Work Wear Shoe and Safety for an amount not to exceed $5,573.80. It was the consensus of the City Council that the recommendation be adopted. M&C P-3617 re purchase agreement There was presented Mayor and Council Communication No. P-3617 from the City to supply boots, Manager submitting a tabulation of bids received for a purchase agreement to supply gloves and rain boots, gloves, and rainwear for various City departments; stating that budgeted funds water for various are sufficient to cover the anticipated expenditure by each department participating in City Departments agreement; and recommending that the purchase agreement be authorized with Vallen with Val Safety Safety Supply, Carrollton, Texas, for gloves; Southwest Glove & Safety Equipment, Fort Sou Supply, Southwest Worth, Texas, for rainwear; Saf-T-Glove, Inc., Grand Prairie, Texas, for boots; and Glove & Safety Iron Horse Manufacturing, Dallas, Texas, for. vests; and recommending that the agreement Equipment, Saf-T- become effective on the date of authorization and end one year later, with option to Flove, Inc. and renew for one year. It was the consensus of. the City Council that the recommendations Iron Horse Manufac be adopted. uring M&C P-3618 re It was the consensus of the City Council that Mayor and Council Communication withdrawn No. P-3618, Purchase of cash control systems from All State Locksmiths for Park and Recreation Department, Golf Division, be withdrawn from the agenda. M&C P-3619 re purchase agreement There was presented Mayor and Council Communication No. P-3619 from the City with Leon's Tire Manager, as follows: Service, Leonard Tire Service, Inc. SUBJECT: PURCHASE AGREEMENT WITH LEON'S TIRE SERVICE, LEONARD TIRE and Dawson Tire SERVICE AND DAWSON TIRE SERVICE TO FURNISH TIRE REPAIR Service to furnish SERVICES FOR THE CITY SERVICES DEPARTMENT tire repair services RECOMMENDATION: for the City Services Department It is recommended that the City Council authorize: 1. A purchase agreement with Leon's Tire Service, Leonard Tire Service, Inc..and Dawson Tire Service to furnish tire repair services for the City Services Department on the low bids of unit prices as follows: A. Leon's Tire Service 1. Tire repair of passenger car and light pickup tires $ 5.90 each 2. Tire repair of light commercial vehicle tires $ 9.90 each 3. Tire repair of truck tires 750 x 20 to 1200 x 20 $ 9.90 each 4. Tire repair of tractor tires in various sizes -4 to 8 ply $ 9.90 each 5. Tire repair of motor grader tires from 300 to 1400 x 24 $24.90 each 6. Tire ,repair of industrial loader tires 15.5 x 25 to 18.4 x 28 $24.90 each 7. Tire repair of trailer tires, various sizes $ 9.90 each Minutes of City Council M-3 Page 357 358 M&C P-3619 cont. purchase agreement with Leon's Tire Service, Leonard tire Service, Inc. and Danson Tire B. Service to furnish tire repair ser- vices for the Cit Services Departme t C. TUESDAY, AUGUST 1, 1989 8. Road service to sites of disablement within Loop 820 9. Road service to sites of disablement outside Loop 820 Leonard Tire Service, 1. Tire repair of passenger car and light pickup tires 2. Tire repair of light commercial vehicle tires 3.: Tire repair of truck tires 750 x 20 to 120 x 20 4., Tire repair of tractor tires in various sizes 4 to 8 ply 5. Tire repair of motor grader tires from 300 to 1400 x 24 6. Tire repair of industrial loader tires 15.5 x 25 to 18.4 x 28 -7. Tire repair of trailer tires, various sizes 8. Road service to the site of disable- ment within Loop 820 9..' Road service to the site of disable- ment outside Loop 820 Dawson Tire Service, Inc. 1.. Tire repair of passenger car and light pickup tires 2. Tire repair of -light commercial vehicle tires 3. Tire repair of truck tires 750 x 20 to 1200 x 20 4. Tire repair of tractor tires in various sizes 4 to 8 ply 5._ Tire repair of motor grader tires from 300 to 1400 x 24 6. Tire repair of industrial loader tires 15.5 x 25 to 18.4 x 28 7. Tire repair of trailer tires, various sizes 8. Road service to the site of disable- ment within Loop 820 9. Road service to the site of disable- ment outside Loop 820 $14.90 each $14.90 each $ 6.00 each $10.00 each $10.00 each $10.00 each $22.50 each $22.50 each $10.00 each $15.00 each $15.00 each $ 6.00 each $10.00 each $10.00 each $10.00 each $25.00 each $25.00 each $10.00 each $15.00 each $15.00 each 2. The agreement to begin the day of authorization and end one year later, with options to renew for two additional years. BID TABULATION: Item # 1 2 3 4 5 6 7 8 9 1. Leon's Tire Service Fort Worth, TX $5.90 $ 9.90 $ 9.90 $ 9.90 $24.90 $24.90 $ 9.90 $14.90 $14.90 2. Leonard Tire Service, Inc Fort Worth, TX $6.00 $10.00 $10.00 $10.00 $22.50 $22.50 $10.00 $15.00 $15.00 3. Dawson Tire Service Fort Worth, TX $6.00 $10.00 $10.00 $10.00 $25.00 $25.00 $10.)) $15.0) $15.00 All terms are net and bid tabulation is attached. Invitations to bid were mailed to four prospective bidders. Zero no bids were received and one vendor did not res)ord Bid was advertised in the Fort Worth Star -Telegram on May 11 and 18, 1989. COMMENTS ON SPECIFICATIONS: The specifications required the vendor to be ca )a)le of re)ai ring multiple sizes,of tires within a designated response time; DISCUSSION: The City Services Department will use these agreements to furnish tire repair services at the site of disablement for all City Minutes of City Council M-3 Page 358 359 TUESDAY, AUGUST 1, 1989 M&C P-3619 cont. vehicles after 5 P.M., holidays and weekends. Awarding to multiple purchase agreement vendors will assure quick service to the police units and other to furnish tire vehicles disabled by flat tires after 5 P.M., holidays and repair services fo weekends. the City Services Department with The recommended vendors did comply with the City's MBE/WBE policy. Leon's Tire Servic , Leonard tire Ser- FINANCING: vice, Inc. and Dawson Tire Servic Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued on this agreement will be reviewed by Purchasing_ for sufficiency of funds prior to release. M&C P-3619 adopted1l It was the consensus of the City Council that the recommendations, as contained in M&C L-9865 re Mayor and Council Communication No. P-3619, be adopted. M&C L-9863 re There was presented Mayor and Council Communication No.'!'L-9863 from the City acquisition of Manager recommending that the City pay a total consideration of $126.00 for a strip of right-of-way and land approximately four feet in depth parallel and adjacent to the'east line of Lot 20, temporary construc Block 3, Homeacres Addition, as recorded in Volume 7977, Page 1944, Deed Records, tion easement Tarrant County, Texas; and a temporary construction easement approximately ten feet in depth adjacent to the west line of the above-described right-of-way; located at 4320 Village Creek Road; -owned by J.H. Stevens; and required for Village Creek Road Improvement/Wilbarger to Richardson. It was the consensus of the City Council that the right-of-way and easement be acquired as recommending that the expenditure be charged M&C L-9866 re to Street Improvement Fund 67, Project No. 040115-00, Index Code 699884. M&C L-9864 re There was presented Mayor. and Council Communication No. L-9864 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to proceedings to acquire a rectangularly shaped right-of-way nine feet in depth out of acquire right -of- the front of Lot 20, Block 3, White's Subdivision of Evans South Addition as recorded way in Volume 1566, Page 261, Deed Records, Tarrant County, Texas; said parcel of land being on the north side of the existing Oleander Street and being 110 feet in length; located at 950 East Oleander Street; owned by the Estate of Mrs. Wilmer B. Lacy; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the recommendation be adopted. M&C L-9865 re There was presented Mayor and Council Communication No., L-9865 from the City lease agreement Manager stating that Queen Maria Riverboats, Inc., desires to lease Lot 1, Block 16, with Queen Maria Lake Worth Lease Survey, to operate a riverboat from that location; that the location Riverboats, Inc. is the site of the old Casino Ballroom; that the boat would be a; great asset to the for lease of Lot 1 City of Fort Worth as well as the Lake; that it is estimated the boat would have an Block 16 impact of approximately $1,500,000.00 to the City with total annual benefits to the City of approximately $4,000.00 per month; that the sale of alcohol will depend on City authorities; and recommending that the Mayor be authorized to execute a lease agreement with Queen Maria Riverboats, Inc., and permit the operation of a riverboat on Lake Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-9866 re There was presented Mayor and Council Communication No. L-9866 from the City acquisition of Manager recommending that the City pay total consideration of $413.00 for two narrow right-of-way and strips of land parallel and adjacent to the west line of Lots E and F, Block 6, two temporary Homeacres Addition, as recorded in Volume 3771, Page 384, and Volume 5079, Page 932, construction ease- Deed Records, Tarrant County, Texas, and two additional strips of land varying in width ments from three feet to 13 feet adjacent to the east line of the above-described right-of-way; located at 4421 Village Creek Road; owned by C.W. Howell; and required for Village Creek Road Improvements from Wilbarger to Richardson. It was the consensus of the City Council that the right-of-way and easements be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040115-00, Index Code 699884. .. M&C L-9867 re There was presented Mayor and Council Communication No. L-9867 from the City acquisition of Manager recommending that the City pay a consideration of $1,700.00 for a triangularly easements from shaped easement located at the northwesterly corner of Tract 1, Abner Lee Survey, Tract !, Abner Abstract 931, Tarrant County, Texas, as recorded in Volume 8108, Page 1827, Deed Lee Survey Records, Tarrant County, Texas, and easements located adjacent to the southeasterly side of the above-described easement and located at the northwesterly corner of Tract 1, Abner Lee Survey, Abstract 931; located east of South Fort Worth Airport; owned by Fort Worth Airport Joint Venture; and required for South Fort Worth Airport/Hardgrove Lane Relocation. It,was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 039124-00, Index Code 699884. M&C L-9868 re There was presented Mayor and Council Communication No. L-9868 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for a permanent permanent ease- easement out of Lot 9, Block 11, Kellis Park Addition; located at 4412 Cherokee Trail; ment owned by Yolanda Pantoja; and required for the installation of mid -block street lighting. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Index Code 282483. M&C L-9869 re There was presented Mayor and Council Communication No. L-9869 from the City acquisition of Manager recommending that the City pay a total consideration of $138.00 for a strip of permanent and land approximately four feet in depth located parallel and adjacent to the east line of temporary easement Lot 18, Block 3, Homeacres Addition, as recorded in Volume 7684, Page 776, Deed Minutes of City Council M-3 Page 359 36® TUESDAY, AUGUST 1, 1989 it M&C L-9869 cont. Records, Tarrant County, Texas; and a temporary construction easement approximately 24 feet in depth adjacent to the west line of the above-described right-of-way; located at 4408 Village Creek Road; owned by Jessie T. and Annie B. Taylor; and required for Village Creek Road Improvements from Wilbarger to Richardson. It was the consensus of the City Council that the land and easement be acquired as recommended and that the expenditure be charged to Street Improvement Fund 67, Project No. 040115-00, Index Code 699884. M&C L-9870 re There was presented Mayor and Council Communication No. L-9870 from the City acquisition of Manager recommending that the City pay a total consideration of $3,540.00 for a right-of-way rectangularly -shaped parcel of land nine feet in depth, being from the front of the east 40 feet of Lots 19 and 20, Block 1, Graves and McDaniel Subdivision of Block 8, Evans South Addition, as recorded in Volume 4790, Page 845, Deed Records, Tarrant County, Texas; said parcel lying on the south side of the existing East Oleander Street and being 40 feet in length and containing 360 square feet; located at 1200 New York Avenue; owned by Charles Benton, Jr., and Nellie Mae Benton; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund 67, Project No. 040130-00, Index Code 699884. M&C L-9871 re There was presented Mayor and Council Communication No. L-9871 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to proceedings to acquire a rectangularly -shaped parcel of land five feet in depth out of acquire a portion the front of Lot 8, Block 7, Tyler's Lake Park Place Addition, asi recorded in Volume of Lot 8, Block 7 468, Page 233, Deed Records, Tarrant County, Texas; said land lying on the north side of the existing Oleander Street and being 50 feet in length; located at 1169 East Oleander Street; owned .by the Estate of 011ie Smith; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the recommendation was adopted. M&C L-9872 re There was presented Mayor and Council Communication No. ,L-9872 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to proceedings to acquire a rectangularly -shaped parcel of land five feet in depth out of acquire a portion the front of Lot 32, Block 1, Graves and McDaniel Subdivision of Block 8, Evans South of Lot 32, Block 1 Addition, as recorded in Volume 7890, Page 528, Deed Records, Tarrant County, Texas; said parcel lying on the south side of the existing Oleander Street and being 45 feet in length; located at 912 East Oleander Street; owned by Lynne Gail Hackett; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. On motion of Mayor Pro tempore Gilley, -seconded by Council Member Murrin, the recommendation was adopted. M&C L-9873 re There was presented Mayor and Council Communication No. L-9873 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to proceedings to acquire a rectangularly -shaped sliver of land out of Lot 14, Block 1, acquire a portion Mansfield Road Addition, as recorded in Volume 226, Page 18, Deed Records, Tarrant of Lot 14, Block 1 County, Texas; said land lying on the north side of the existing Oleander Street and being .42 feet in length; located at 1055 East Oleander Street; owned by the Estate of Emma L. Mayfield; and required for the reconstruction of Oleander Street from Evans Avenue to Mansfield. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the recommendation was adopted. M&C L-9874 re There was presented Mayor and Council Communication No.'L-9874 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to ac- proceedings to acquire a rectangularly -shaped parcel of land nine feet in depth out of quire a portion the front of Lots 19 and 20, Block 1, Graves and McDaniel Subdivision of Block 8, Evans of Lots 19 and 20, . South Addition, as recorded in Volume 3571, Page 288, Deed Records, Tarrant County, Block 1 Texas; said land lying on the south side of the existing Oleander Street and being 40 feet in length; located at 968 East Oleander; owned by the Estate of Bertha Collins; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the recommendation was adopted. M&C PZ -1559 re vacating Old There was presented Mayor and Council Communication No. PZ -1559 from the City Benbrook Road from Manager recommending that an ordinance be adopted vacating a portion of Old Benbrook West Vickery Blvd _ Road between West Vickery Boulevard and Mary's Creek Drive, B.J. Foster Survey, L.L. to mary's Creek Loop Addition, unplatted, Abstract No. 520. It was the consensus of the City Council Drive that the recommendation be adopted. Introduced an Mayor Pro tempore Gilley 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 voters AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Granger, McCray, Murrin, Webber, and Chappell NOES: ' None ABSENT: ICouncil Members Zapata and Garrison The ordinance, as adopted, is as follows: Minutes of City Council M-3 Page 360 QG1 TUESDAY, AUGUST 1, 1989 Ordinance No. ORDINANCE NO. 10352 10352 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A 460 FOOT LONG PORTION OF OLD BENBROOK ROAD LOCATED IN THE B.J. FOSTER SURVEY AND BEING MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE IN SAID LAND(S); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-11769 re There was presented Mayor and Council Communication No. C-11769 from the City agreement with Manager, as follows: Rady & Associates for design services SUBJECT: ENGINEERING AGREEMENT FOR THE DESIGN SERVICES FOR FIELD for Field Operation OPERATIONS SERVICE CENTER - RADY AND ASSOCIATES Service Center RECOMMENDATIONS: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $252,500 from Water Capital Improvement Fund 83, Project No. 012501-00, Engineering and Administration, to Water Capital Improvement Fund 83, Project No. 022004-00, Engineering Agreement Rady, Field Operations Service Center, Design; 2. Authorize a bond fund transfer in the amount of $252,500 from Sewer Capital Improvement Fund 80, Project No. 012120-00, .Engineering and Administration to Sewer Capital Improvement Fund 80, Project No. 022004-00, Engineering Agreement Rady, Field Operations Service Center, Design; and 3. Authorize the City Manager to execute an engineering agreement with Rady and Associates for the preparation of construction contract documents, specifications and review, for the Field Operations Service Center, for a total fee not to exceed $502,500. PROJECT DISCUSSION: The proposed Southwest Freeway, facility overcrowding and abandonment of the Harley Avenue facility are factors which have led to a proposal that the Water Department's Field Operations Division be relocated from its current locations at the South Holly Water Treatment Plant complex and the Field Operations Construction activity from the Brennan Street facility area to a central faci l i ty. The proposed alignment of the Southwest Freeway along the east bank of the Clear Fork of the Trinity River will divide the present Field Operations Division facilities, an area already severely overcrowded. Further overcrowding and division of operations will necessitate moving the Field Operations Personnel and equipment to other locations. There is also an effort underway to move City operations from the Harley Street Center into the remaining South Holly complex after the freeway construction. The City has targeted vacation of the Harley Street Complex by 1992, dictating that a move by the Field Operations Division must occur in the near future. Under the relocation plan, Light and Signal, Equipment Services and Sanitation Divisions and the Fire Maintenance section will move to the South Holly area. In an earlier study conducted by LWFW, Inc. relocation of Field Operations Service Center to the Rolling Hills location along with proposed facility sizings and functions was recommended. . The proposed center on the South side is located to serve the major portion of maintenance activities for water and sewer facilities and to serve as the administrative office for the Field Operations Division. In the future a North Side Center will contain operational units and small support shops. At a later date, another satellite center may be needed on the far west side of the city to provide improved services in that area. NEED FOR A CONSULTING FIRM: The Water Department does not have personnel available to design the proposed facilities. SELECTION OF THE CONSULTING FIRM: The Water Department selected the Design Architect/Engineers using the following procedures: Minutes of City Council M-3 Page 361 362 TUESDAY, AUGUST 1, 1989 M&C C-11769 cont. 1) Notices were placed in the Fort Worth Star Telegram and mailed agreement with to area architects and engineers requesting that interested Rady 7 Associates firms provide background, project descriptions and references for design cervi c s along with present staffing strengths and qualifications for for field Operati ns the execution of the design services. A total of eleven Service Center responses were received; 2) The Director of the Water Department appointed 8 persons to the Pre -selection Committee, including representatives from the M/WBE Office, Transportation and Public Works and the City Manager's Office. 3) After the Committee members individually reviewed the Statements of Interest and contacted selected references, the Committee met in formal session, discussed the relative merits of each firm, and voted by secret ballot. Five firms were selected to receive invitations to participate in a limited design competition, to discuss their approach to the project, and present a preliminary project cost estimate. 4) Prior to formal presentations by the five finalists, each finalist executed a contract for $1,000 which compensated the firm for preparation of the presentation materials as well as full utilization by the City of any and all concepts presented. 5) The Committee met formally with the consultants to hear presentations on March 16 and 17, 1987 and selected Rady and Associates as the design consultant. 6) Several meetings were held with the Consultant to finalize the scope of services and to negotiate the fee. 7) The Engineer has complied with the City's MBE/WBE policy. SCOPE OF SERVICES FOR DESIGN: 1) Preparation of Schematic Design Documents illustrating the scale relationship•of selected project components and preparation of preliminary project cost projections.- 2) Preparation of Design Development Documents fixing size and ' character of all basic components of the project and updating the probable construction cost. 3) Preparation of construction documents suitable for bidding. 4) Assistance during bidding by responding to bidders: inquiries, distributing documents and addendums, evaluating bids and conforming contracts. 5), Assistance during construction phase by visiting job site, reviewing samples and shop drawings, preparing change orders, reviewing payment requests, conducting final inspections, and revising drawings to show actual construction. 6) Additional services for preparation of plats, design and control surveying, analysis of effects of Campus Drive alternatives, and coordination of subconsultants. TIME AND COMPLETION: The Engineer will complete contract documents ready for bidding within 378 calendar days. Services during construction will be completed within 90 days of the final inspection of the facilities. COMPENSATION• The Engineer will be paid on the basis of salary costs times a multiplier of 2.33. Non -salary costs shall be reimbursed at the actual costs. The total fee will not exceed $502,500. Payment will be made on the basis of detailed statements of service, including both expenses and the scope of services formed. FINANCING• Sufficient funds are available to transfer from Water Capital Improvement Fund 83, Project No. 012501-00, Engineering and Administration. Upon approval and completion of Recommendation No. 1 in the amount of $252,500.00, sufficient funds will be available in Water Capital Improvement Fund 83, Project No. 022004-00, Engineering Agreement Rady, Field Operations Service Center Design. Expenditures will be made from Index Code 683292. Minutes of City Council M-3 Page 362 Vic) TUESDAY, AUGUST 1, 1989 M&C C-11769 cont. Sufficient funds are available to transfer from Sewer Capital agreement with Improvement Fund 80, Project No. 012120-00, Engineering and Rady & Associates Administration. Upon approval and completion of Recommendation No. for design services 2 in the amount of $252,500.00, sufficient funds will be available for Field Operations in Sewer Capital Improvement Fund 80, Project No. 022004-00, Service Center Engineering Agreement Rady, Field Operations Service Center Design. Expenditures will be made from Index Code 680900. Funds above the proposed amount are necessary to cover staff review. M&C C-11769 adopte4l It was the consensus of the City Council that the recommendations, as contained in 2. Authorize an amendment to the contract with the Fort Worth Independent School District for the Career Exploration Program to add an additional $9,300 to the contract for a total contract amount of $65,545; and 3. Authorize an amendment to the contract with the University of North Texas for the Youth Opportunities Unlimited Program to add an additional $16,150 to the contract for a total contract amount of $258,400. DISCUSSION: As authorized through M&C #C-11573 on April 4, 1989, the City of Fort Worth entered into a contract with Cassata Learning Center for implementation of the Career Exploration Program, for the contract period May 15, 1989, to August 1, 1989. According to contract terms, one hundred (100) students were to be served. Enrollment has exceeded the planned level. The total enrollment is one Minutes of City Council M-3 Page 363 Mayor and Council Communication No. C-11769, be adopted. M&C C-11770 re There was presented Mayor and Council Communication No. C-11770 from the City contract with Manager stating that excessive rainfall during the spring of 1989 resulted in the J. B. Davies, Inc. surcharge of many of the sanitary sewers in Fort Worth system due to inflow and for preparation of infiltration of storm water into the sewers; that one of these overflows, which has pians and specifi- occurred for many years, is on Main 199-B, along the West Fork of the Trinity River and cations for Sanitary Oak Forrest Street; that this main collects wastewater from White Settlement, Sewer Main 199-B Westpoint, and portions of Ridglea and Western Hills; that Field Operations studied the Relief lines which were subject to surcharge and found them to be in good structural condition; that some silt accumulation was noted and cleaned; that the study recommended that a relief line was necessary to reroute flows from M -199-B which were causing the overload as well as redesigning some of the interconnecting manhole structures which cause a restriction in the flow; that the Water Department responded to the TWC, stating that the proposed West Fork Relief Line ultimately would be needed to address the problem; that, however, this project is estimated to cost $20 million and requires extensive engineering prior to construction; that, as a short term corrective action, the Water Department would clean the lines, investigate their condition, and proceed with the design of the relief line recommended by the study; that, at that time, a proposal was solicited from J.B. Davies, Inc., to provide the study and design services necessary to complete this project; that, in a letter dated June 27, 1989, the TWC acknowledged the City's response to its first letter and expressed concern over the cleanup of the overflows after they occurred and again stating its enforcement options of administrative penalties of up to $10,000.00 per day or referral to the Attorney General for litigation; that the planned solution for the overloaded West Fork sewer is to design and construct the West Fork Relief Line starting in 1990; that, as a short term solution, a relief line in the area of Oak Forrest needs to be studied and designed as well as evaluation of the existing line to reduce the inflow and infiltration; and recommending that a fund transfer in the amount of $175,000.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022008-00, M -199B Relief Main (Oak Forrest); and that the City Manager be authorized to execute an engineering agreement with J.B. Davies, Inc., for preparation of plans and specifications for Sanitary Sewer Main 199-B Relief for a total fee not to exceed $173,745.00. It was the consensus of the City Council that the recommendationsbe adopted. M&C C-11771 re There was presented Mayor and Council Communication No. C-11771 from the City amendment to Job Manager, as follows: Training Partner- ship Act Title IIB SUBJECT: AMENDMENTS TO JTPA TITLE IIB PY'89 CONTRACTS: 1) CASSATA PY'89 with Cassata LEARNING CENTER; 2) FORT WORTH INDEPENDENT SCHOOL Learning Center, DISTRICT; 3) THE UNIVERSITY OF NORTH TEXAS Fort worth Indepen- dent School District, RECOMMENDATION: and University of North Texas for It is recommended that the City Council authorize the City Manager Youth Opportunities to execute amendments to the following Job Training Partnership Act Title IIB PY'89 contracts: 1. Authorize an amendment to the contract with Cassata Learning Center for the Basic Skills/Career Exploration Program to add an additional $6,082 to the contract for a total contract amount of $25,433. 2. Authorize an amendment to the contract with the Fort Worth Independent School District for the Career Exploration Program to add an additional $9,300 to the contract for a total contract amount of $65,545; and 3. Authorize an amendment to the contract with the University of North Texas for the Youth Opportunities Unlimited Program to add an additional $16,150 to the contract for a total contract amount of $258,400. DISCUSSION: As authorized through M&C #C-11573 on April 4, 1989, the City of Fort Worth entered into a contract with Cassata Learning Center for implementation of the Career Exploration Program, for the contract period May 15, 1989, to August 1, 1989. According to contract terms, one hundred (100) students were to be served. Enrollment has exceeded the planned level. The total enrollment is one Minutes of City Council M-3 Page 363 364 TUESDAY, AUGUST 1, 1989 M&C C-11771 cont. hundred fifty-four (154). The recommended contract amendment is amendment to Job based on the costs to serve additional youth. Training Partner- ship Act Title The Basic Skills/Career Exploration Program provides youth ages IIB 14-21 with vocationally -oriented basic skills enhancement and remedial educational activities, as well as opportunities to explore various occupations through classroom and field activities. &C C-11772 re ontract with nited Way of etropolitan Tar - ant County for etailed descrip- ions or "problem rofiles" of ajor community roblems Through the same M&C, the City Council authorized the City to enter into contract with the Fort Worth Independent School District to implement the Career Exploration Program for the contract period June 8, 1989, to July 28, 1989, for forty (40) participants. Enrollment has exceeded the planned level. The total enrollment is sixty-six (66). The recommended contract amendment is based on the costs to service additional youth as well as to provide an additional service. This Career Exploration project provides moderately disabled 15-21 year old youth with activities designed to enhance their knowledge of occupational career choices. The recruitment for these youth occurred within the Fort Worth Independent School District Special Education programs. On June 6, 1989, through M&C #C-11682, the City Council authorized the City to enter into contract with the University of North Texas for the contract period May 1, 1989, to August 26, 1989, to provide tuition at the cost of $3,230 per participant for seventy-five (75) youths to attend the University of North Texas Youth Opportunities Unlimited Program. Enrollment has exceeded the planned level. The total enrollment is eighty (80). The recommended contract amendment is based on the increased enrollment level. The Y.O.U. Program is administered by the Governor's Office and is designed to identify disadvantaged youth with academic potential, and to introduce them to an academic environment which encourages scholastic excellence. Program participants reside on the university campus during their participation. The program intergrates academic enrichment with social and work experience enhancement. The above contract amendments were approved by the Private Industry Council on July 6,1989. FINANCTNG- Funds are available in Grant Fund No. 76, Project Nos. 405455-05, 405456-05 and 405457-05. Expenditures will be made from Index Codes 510107, 510222, and 510594. Council Member Chappell advised the City Council of a conflict of interest in voting on Item 2 under recommendations regarding contract with the Fort Worth Independent School District and requested that he be allowed to abstain from voting. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Council Member Chappell be allowed to abstain from voting on Mayor and Council Communication No. C-11771, Item 2, regarding a contract with Fort Worth Independent School District. 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 1 and 3 on Mayor and Council Communication No. C-11771, be approved. 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 Recommendation No. 2 on Mayor and Council Communication No. C-11771, authorizing amendment to the contract with Fort Worth Independent School District, be approved. 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 Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Garrison NOT VOTING: Council Member Chappell There was presented Mayor and Council Communication No. C-11772 from the City Manager stating that, during Year XIV, Community Development Block Grant funds provided $17,997.00 to pay the salary of one United Way staff person who coordinated the Community Problem Solving Project; that the project's goal was to identify two critical needs which impact low -moderate income families and then to implement procedures to address these needs; that the project ended May 31, 1989, after identifying the school drop-out problem as the first problem and beginning a dialogue with the Fort Worth Minutes of City Council M-3 Page 364 TUESDAY, AUGUST 1, 1989 &C C-11772 cont. Independent School District to develop a solution; that the United Way of Metropolitan ontract with Tarrant County requested $5,000.00 to assist in hiring temporary part-time staff to nite d Way of gather data and to write detailed descriptions or "problem profiles" of major community etropolitan Tarrant problems; that these profiles will be used in establishing United Way's priorities and ounty for detailed will be made available to local governments, service providers, and community escriptions or organizations for their use in understanding and solving problems; and recommending problem profiles" that the City Manager be authorized to execute a contract with the United Way of f major community Metropolitan Tarrant County in the amount of $5,000.00 for the contract period of roblem s August 1, 1989, and ending May 31, 1990; and that a transfer of $5,000.00 be authorized from Grant Fund 76, Project No. 206082-99, Unprogrammed Funds, to new Grant Fund 76, Project No. 206082-12, Problem Profiles. It was the consensus of the City Council that the recommendations be adopted. &C C-11773 re There was presented Mayor and Council Communication No. C-11773 from the City on trac t with Manager submitting a proposed contract for the installation of community facilities to arrant Bank for serve Gladwin Industrial Addition, Blocks 1-4; describing project cost and financing; ns talla tion of and recommending that the City Manager be authorized to execute a contract with Tarrant ommunity facili- Bank for the installation of community facilities to serve Blocks 1-4 of Gladwin ies to serve Industrial Addition with funds available in New Development Fund 90, Project 1 adwi n Industrial No. 095145-00, Index Code 621227. ddi ti on Council Member Webber advised City Council of a conflict of interest in regard to the award of contract for installation of community facilities of Gladwin Industrial Addition, Blocks 1-4, Mayor and Council Communication No. C-11773. Council Member Murrin made a motion, seconded by Council Member Chappell, that Council Member Webber be allowed to abstain from voting on Mayor and Council Communication No. C-11773, Contract for the Installation of Community Facilities Gladwin Industrial Addition, Blocks 1-4. When the motion was put to a vote by the Mayor, it prevailed unanimously. 4&C C-11774 re contract with Coronando builders, Inc. to construct the Highland Hills Recreation Center &C C-11775 re pproved Change rder No. 1 with PAC -Texas, Inc. or construction eritage Parkway nd Alliance Blvd. t Alliance Airport Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Mayor and Council Communication No. C-11773 be approved. When the motion was put to a vote by the Mayor, it prevailed as follows: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Granger, McCray,. Murrin, and Chappell NOES: None ABSENT: Council Members Zapata and Garrison NOT VOTING: Council Member Webber There was presented Mayor and Council Communication No. C-11774 from the City Manager submitting a tabulation of bids received for construction of the Highland Hills Recreation Center; and recommending that the City Manager be authorized to execute a contract with Coronado Builders, Inc., to construct the Highland Hills Recreation Center for an amount of $1,029,747.00; that a bond fund transfer in the amount of $199,403 be authorized from 05-050011-00, General Park Development, to 05-042004-00, Highland Hills Recreation Center, to fund recreation center construction; that a bond fund transfer in the amount of $30,744.00 be authorized from 36-050011-00, General Park Development, to 36-041022-00, Highland Hills Park, to fund recreation center construction; that a bond fund transfer in the amount of $17,630.00 be authorized from 23-041020-99, All Districts Unspecified, to 23-041008-03, Sycamore Sector -Highland Hills, to fund recreation center construction; and that a bond fund transfer in the amount of $67,847.00 be authorized from 67-037901-00, Unspecified Park Drives, to 67-037139-00, Highland Hills Drives, to fund roads and parking lot of recreation center construction. On motion of Council Member Webber, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. There was presented Mayor and Council Communication No. C-11775 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 HERITAGE PARKWAY AND ALLIANCE BOULEVARD AT ALLIANCE AIRPORT RECOMMENDATION: It is recommended that the City Council approve Proposed Change Order No. 1 in the credit amount of $111,517.40 and authorize the City Manager to decrease City Secretary contract No. 17090 with APAC-Texas, Inc., to $2,704,364.09 for construction of Heritage Parkway and Alliance Boulevard at Alliance Airport. BACKGROUND: On May 9, 1989 (M&C C-11630), the City Council awarded a contract in the amount of $23,815,881.49 to APAC-Texas, Inc., to construct portions of Heritage Parkway and Alliance Boulevard together with necessary storm drains and street lighting to serve the North Fort Worth Alliance Airport. This contract was assigned City Secretary No. 17090. Work is well underway on this contract. Minutes of City Council M-3 Page 365 366 TUESDAY, AUGUST 1, 1989 &C C-11775 cont. PROPOSED CHANGE ORDER NO. 1: authorized con- pproved Change tract with R.C. driveways; and recommending that the City Manager be authorized to execute a contract rder No. 1 with Included in the street and storm drain portion of the project was PAC -Texas, Inc. the street lighting system for the entire project. It has been concrete curb, proposed by the Transportation and Public Works Department that the construction contract. It was the consensus of the City Council that the only the conduit located under the streets and necessary pull boxes recommendation be adopted. be installed under the contract, with City forces installing the M&C C-11778 re remainder of the street lighting system. The contractor has agreed Manager stating that Proposition No. 1 of the Capital Improvement Program approved by to this proposal and concurs with City staff in a reduction of Associates, Inc. $111,517.40 to the contract. for design of the Street is experiencing severe distress due to poor soil conditions and must be replaced PROJECT COST AND FINANCING: completely; that Hardeman Street also is in very poor condition and requires a high of Beast Berry Original Contract Amount: $2,815,881.49 recommended for this project and has agreed to perform the requiredengineering design Proposed Change Order No. 1 (111,517.40 man Street from Proposed Contract Amount: 2,704,364.09 FINANCING: Sufficient funds are available in Street Light and Signal Improvement Fund 89, Project No. 032077-00, North Port Addition Street Lights, encumbrance for this contract reduction of $111,517.40. The monies deleted from the contract will be sufficient for City forces to install that portion of the street lighting systems deleted from the contract. M&C C-11775 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor II and Council Communication No. C-11775, be adopted. M& C-11776 re There was presented Mayor and Council Communication No. C-11776 from the City authorized Manager submitting a tabulation of bids received for construction of Crestwood Drive contract with Drainage Improvements; stating that this project will update an inadequate storm drain Improvements, Inc. system which has been the source of many flooding complaints to current drainage for construction standards; stating that funds are available in Street Improvements Fund 67, Project of Crestwood Drive No. 028846-00, Index Code 630335; and recommending that the City Manager be authorized Drainage Improve- to execute a contract with the firm of Improvements, Inc., for construction of the me n is Crestwood Drive Drainage Improvements based on its lowest responsive bid of $143,137.40. It was the consensus of the City Council that the recommendation be adopted. M&C C-11777 re There was presented Mayor and Council Communication No. C-11777 from the City authorized con- Manager submitting a tabulation of bids received for concrete curb, gutter, and tract with R.C. driveways; and recommending that the City Manager be authorized to execute a contract Construction for with R.C. Construction for requirements contract for concrete curb, gutter, and requirements driveways, in the amount of $104,000.00 based on lowest responsive bid; and that a fund contract for transfer be authorized in the amount of $104,000.00 from 93-057801-00, 1989 Program concrete curb, Unspecified, to 93-053119-00, Open End Curb and Gutter, to provide funds for gutter, and drive- the construction contract. It was the consensus of the City Council that the recommendation be adopted. ways M&C C-11778 re There was presented Mayor and Council Communication No. C-11778 from the City authorized con- Manager stating that Proposition No. 1 of the Capital Improvement Program approved by tract with Dunaway voters on March 22, 1986, included the reconstruction of East Berry Street from Miller Associates, Inc. to Crouch and Hardeman Street from M.L.K. Freeway to Edgewood Terrace; that East Berry for design of the Street is experiencing severe distress due to poor soil conditions and must be replaced reconstruction completely; that Hardeman Street also is in very poor condition and requires a high of Beast Berry level of maintenance; that the local consulting firm of Dunaway Associates, Inc., is from Miller to recommended for this project and has agreed to perform the requiredengineering design Crouch and Harde- services for a fee not to exceed $53,500.00 based on established hourly rates; that the man Street from fee represents 6.63 percent of the total estimated construction cost of $807,000.00; M.L.K. Freeway that the rates and total fees have been reviewed by staff, and they compare favorably to Edgewood Terrac to those listed in the Manual for Professional Practice for General Engineering Services published by the Texas Society of Professional Engineers, 1982 Edition; that 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; that a benefit hearing for assessments will be scheduled as soon as possible upon completion of Phase 1; that, if assessments are approved and levied by the City Council, staff will direct the consultant to complete the design contract; that, if the project does not proceed, the design contract will be terminated immediately and the consultant paid for services actually performed and for actual expenses incurred as of the date of termination; and recommending that the City Manager be authorized to execute a design contract with Dunaway Associates, Inc., in the amount of $53,500.00 for design of the reconstruction of East Berry Street from Miller to Crouch, and Hardeman Street from M.L.K. Freeway to Edgewood Terrace; and that a bond fund transfer in the amount of $53,500.00 be authorized from 67-095901-00, Engineering Unspecified, to 67-040171-00, Reconstruction of Berry and Hardeman Streets, to fund consultant contract. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2594 re There was presented Mayor and Council Communication No. FP -2594 from the City accepted as com- Manager stating that construction of the Municipal Building Expansion Joint Covers has plete Municipal been completed in accordance with plans and specifications under Contract No. 16929 Bui 1 di ng Expansion awarded to The Craftsmen, Inc., on January 31, 1989; and recommending that the City Joint Covers to Council accept the construction of the Municipal Building Expansion Joint Covers as The Craftmen, Inc. complete and authorize release of retainage and final payment on City Secretary Minutes of City Council M-3 Page 366 TUESDAY, AUGUST 1, 1989 &C FP -2594 cont. Contract No. 16929 in the amount of $960.50 to The Craftsmen, Inc., with funds c cep ted as comple t available in Municipal Service Improvements Fund 33, Retainage Account No. 205-016929. unicipal It was the consensus of the City Council that the recommendations be adopted. uilding Expansion Restricted Commercial, Zoning Docket No. Z-89-050. oint Covers to Council Member Webber advised City Council of a conflict of interest in he Craftmen, Inc. voting on Mayor and Council Communication No. FP -2594, Final Payment - Municipal Building Expansion Joint Covers, and requested permission to abstain from voting. Council Member Murrin made a motion, seconded by Mayor Pro tempore Gilley, that Council Member Webber be allowed to abstain from voting on Mayor and Council r. Robert Snoke Communication No. FP -2594, Final Payment - Municipal Building Expansion Joint Covers. e Z-89-050 When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Murrin made a motion, seconded by Mayor Pro tempore Gilley, that Mayor and Council Communication No. FP -2594 be approved. When the motion was put to a vote by the Mayor, it prevailed with six affirmative votes, Council Members Zapata and Garrison absent, and Council Member Webber "Not Voting". &C FP -2595 re ccepted as com- There was presented Mayor and Council Communication No. FP -2595 from the City lete HMAC Resur- Manager stating that HMAC Resurfacing Contract 88-4, Street Improvements have been acing Contract 88- completed in accordance with plans and specifications under Contract No. 16726 awarded tr ee t Improvements to APAC-Texas, Inc., on October 11, 1988; and recommending that the City Council accept o APAC-Texas, Inc. as complete HMAC Resurfacing Contract 88-4, Street Improvements, and authorize final payment in the amount of $29,152.09 to APAC-Texas, Inc., with funds available in Contract Street Maintenance Fund 93, Retainage Account No. 205-016726; Contract Encumbrance No. 16726A and Contract Encumbrance No. 16726B. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that at its regular meeting of July 25, 1989, the City Council continued the hearing in connection with the application of E.W. Kirkpatrick for a change in zoning of property located at 3816 McCart Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-50, from day to day and from time to time and especially to the meeting of August 1, 1989, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. r. E.W. Kirkpatric Mr. E.W. Kirkpatrick, 7920 Coldfax Lane, appeared before the City Council and e Z-89-050 requested that the City Council give favorable consideration to the recommended change in zoning of property located at 3816 McCart Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-050. r. John Roberts Mr. John Roberts, 3629 Ryan Avenue, appeared before the City Council and e Z-89-050 expressed opposition to the application of E.W. Kirkpatrick for a change in zoning of property located at 3816 McCart Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-050, and requested that the City Council deny the zoning request. r. Robert Snoke Mr. Robert Snoke, 3820 Sixth Avenue, appeared before the City Council and e Z-89-050 expressed opposition to the application of E.W. Kirkpatrick for a change in zoning of property located 'at 3816 McCart Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-050, and stated that, in his opinion, approval of recommended change would have a negative impact on their neighborhood. There being no one else present desiring to be heard, Council Member Chappell made a motion, seconded by Council Member Murrin, that the hearing be closed and that the application of E.W. Kirkpatrick for change in zoning of property located at 3816 McCart Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-050, be approved, as amended, by a change in zoning from "E" Commercial to "PD -SU" Planned Development/Specific Use to permit all uses allowed in the "E" Commercial District, automobile window tinting and used automobile sales (used automobile sales shall be limited to no more than five vehicles for sale on the lot at any given time) with site plan waived. When the motion was put to a vote by the Mayor, it prevailed unanimously. ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be r dinance 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 Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Garrison The ordinance, as adopted, is as follows: Minutes of City Council M-3 Page 367 31,38 rdinance No. 0353 nnexation of Id Decatur i 1 1 age r. A.J. Edmundson e enforcement of he City Code ertaining to the ront yard parking rdinance r. Robert Snoke e preservation f the Rosemont eighborhood djourned TUESDAY, AUGUST 1, 1989 ORDINANCE NO. 10353 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 offense. Each day that a violation is permitted to exist shall constitute a separate offense. It appearing to the City Council that on July 18, 1989, at its regular meeting, the City Council set the first public hearing for today to consider the annexation of approximately 119.025 acres of Old Decatur Village, more particularly described by metes and bounds in City Council Minute Book M-3, Pages 239-240 and that due notice of the hearing was given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on July 19,-r-9-89, Mayor Bolen asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the annexation of approximately 119.025 acres of Old Decatur Village, Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the hearing be closed. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. A.J. Edmundson, 1108 West Pafford, appeared before the City Council regarding amendments to the City Code for homeowners and requested that the City Council enforce the ordinance regarding front yard parking and give attention to two and three families living in one house. Mr. Robert Snoke, 3820 Sixth Avenue, appeared before the City Council regarding the conditions of the Rosemont neighborhood and requested City Council support for the Rosemont neighborhood. There being no further business, the meeting was adjourned. CITY SECRETARY MAYOR Minutes of City Council M-3 Page 368