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HomeMy WebLinkAbout1990/07/31-Minutes-City CouncilCouncil net Members present Invocation Pledge of Allegiance Minutes of July 24, 1190 approved Ringling Brothers and Barnum and Bailey Circus Day Proclamation Mosiah Shrine Band Day proclamation MUOC Withdrawals L-10182, C-12451, Withdrew G-8746 CITY COUNCIL MEETING JULY 31, 1990 On the 31st day of July, A.D., 1990, 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 William N. Garrison, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Members Kay Granger, Louis J. Zapata, and Eugene McCray absent; with a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Liz Lamberth, Chaplin, Tarrant Area Community of Churches. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the minutes of the meeting of July 24, 1990, were approved. A proclamation for Ringling Brothers and Barnum and Bailey Circus Day and an Honorary Citizenship Certificate for Mr. Gunther Gebel -Williams was presented to Mr. Rom Portwood. A proclamation for Moslah Shrine Band Day was presented to Mr. Charles R. Hoffman. City Manager Ivory requested that Mayor and Council Communication Nos. L-10182 and C-12451 be withdrawn from the consent agenda. Council Member Meadows requested that Mayor and Council Communication No. G-8746 be withdrawn from the consent agenda. Minutes of City Council P-3 Page 429 420 TUESDAY, JULY 31, 1990 Withdrew L-10179 Mayor Pro tempore Gilley requested that Mayor and Council Communication No. L-10179 be withdrawn from the consent agenda. Consent approved On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the as amended consent agenda, as amended, was approved. Nominated Ms . Nancy Council Member Meadows nominated Ms. Nancy Murphy for membership on the Housing Murphy on the and Human Services Commission and made a motion, seconded by Mayor Pro tempore Gilley, Housing and Human that Ms. Nancy Murphy be appointed to the Housing and Human Services Commission and, Services Commissio when the motion was put to a vote by the Mayor, it prevailed unanimously. (See subsequent reconsideration.) Council Proposal There was presented Council Proposal No. CP -152, dated July 18, 1990, from the No. CP -152 re City Manager, as follows: modification of regulations SUBJECT: MODIFICATION OF REGULATIONS CONCERNING CARPORTS/MORATORIUM ON concerning carport PROSECUTION OF VIOLATORS moratorium on prosecution of PROPOSAL• violators It is proposed that the City Council take the following action: 1. Adopt the attached ordinance amending Ordinance No. 10247, Ordinance No. 10343, and Ordinance No. 10501 so as to: a. Extend the moratorium on the prosecution of citations issued before January 10, 1989, for violations of front yard setback and front yard building line requirements by non -conforming carports; and b. Extend the moratorium on the issuance of citations for non -conforming carports constructed before January 10, 1989. Such moratorium shall be extended until midnight, December 31, 1990, unless sooner repealed by the City Council. 2. Direct the City Attorney to prepare an Amendment to the Zoning Ordinance containing the provisions outline in Exhibit "A" to permit certain non -conforming carports which were constructed in front yards before January 10, 1989, to legally continue to exist. 3. Direct the City staff to schedule the aforesaid Zoning Ordinance Amendment for public hearing before the Zoning Commission at the earliest possible date. BACKGROUND: Several areas exist in Fort Worth where carports have been added to the front of single-family residences. Many of these carports violate the front yard setback and front yard building line requirements of the Zoning Ordinance and special building lines established on subdivision plats. On January 10, 1989, the City Council approved Policy Proposal 136 which asked the Zoning Commission to study the problem and, if appropriate, develop amendments to setback regulations to permit any such existing carports to continue and to permit new carports of this type to be built. By a letter dated May 22, 1989, the Chairman of the Zoning Commission reported to the City Council that the Commission felt no change needed to be made in the Zoning Ordinance. A City Council Carport Committee chaired by Councilman Steve Murrin was subsequently formed. Several meetings were held but no recommendations were developed by the Committee. In the meantime, the City Council moratorium on prosecution of violators and issuance of citations expired on December 31, 1989. On January 30, 1990, the Council approved Policy Proposal 147 which extended the moratorium until July 31, 1990, and directed the City Attorney to prepare an amendment to the Zoning Ordinance to permit the construction of new carports in front yards under certain conditions if approved by the Zoning Board of Adjustment and to permit certain existing carports to continue. The proposed ordinance was prepared and referred to the Zoning Commission. On March 14, 1990, the Zoning Commission held a public hearing and recommended to City Council that the proposed amendment to the Zoning Ordinance be denied. On April 10, 1990, the City Council held a public hearing and upheld the recommendation of the Zoning Commission to deny the amendment. Since April 10, 1990, City staff has sent notices of violations to the owners of many non -conforming carports. Investigation indicates that literally hundreds of such carports exist. Most of them cause no problems and their removal would cause an economic hardship to the property owners. The present Policy Proposal asks the Zoning Commission to consider an ordinance which would grant legal non -conforming status to carports constructed before January 10, 1989, if the conditions outlined in Exhibit "A" are met. Minutes of City Council P-3 Page 430 Council Proposal No. CP -152 re modification of regulations concer - ing carports moratorium on prosecution of violators TUESDAY, JULY 31, 1990 LEGALITY: . 431 The City Attorney has reviewed the above proposal and there are no known legal impediments. FISCAL NOTES: None CITY MANAGER'S COMMENTS: The City Manager has no objections to this proposal. Mr. Weldon Wicker Mr. Weldon Wicker, 5104 Melbourne Drive, appeared before the City Council and re carports expressed opposition in the tearing down of carports prior to the sale of the property and advised the City Council that, in his opinion, the removal of the carport will decrease the sale price. Ms. Iris Woolridge Ms. Iris Wooldridge, 5609 Curzon, appeared before the City Council and expressed re carports opposition to the removal of carports. Mayor Bolen requested that Ms. Wooldridge give information regarding the issuance of her permit to Assistant to the City Manager, Pat Svacina, so that the matter could be investigated further. Ms. Kathleen Baird Ms. Kathleen Baird, 4521 Rockwood Drive, appeared before the City Council and re carports expressed opposition to the removal of carports. Mr. Elvis Minton Mr. Elvis Minton, 5112 Melbourne Drive, appeared before the City Council and re carports expressed opposition to the removal of carports. Ms. Virginia Stront Ms. Virginia Strong, 225 Sunset Lane, appeared before the City Council and re carports expressed opposition to the removal of carports prior to the sale of property. Mr. James Schorr Mr. James Schorr, 1004 Springer Avenue, appeared before the City Council and re carports expressed support of carports. Ms. Becky Sparkman Ms. Becky Sparkman, 836 Springer, appeared before the City Council and expressed re carports support of carports. Ms. Vera Balker Ms. Vera Walker, 834 Springer, appeared before the City Council and expressed re carports support of carports. I -Is. Margaret Ms. Margaret McGlynn, 4121 Bunting Avenue, appeared before the City Council and McGlynn r e expressed opposition to the modification of regulations concerning carports/moratorium carports on prosecution of violators and requested that the City Council not take action on a blanket approval making all of the illegal non -conforming carports legal non -conforming carports. Mr. Joe Biiardi Mr. Joe Bilardi, Director of the Development Department, appeared before the City re carport Council and advised the City Council that the hearing before the City Zoning Commission regarding modifications to the carport zoning regualtions is set for Wednesday, September 12, 1990. Council Member Meadows made a motion, seconded by Council Member Chappell, that Exhibit "A", as amended, be approved to permit certain non -conforming carports which were constructed in front yards before January 10, 1989, to legally continue to exist and directed City staff to schedule the zoning ordinance amendment for public hearing before the City Zoning Commission on September 12, 1990. When the motion was put to a vote by the Mayor, it prevailed unanimously. Exhibit "A", as amended, is as follows: EXHIBIT "A" PROPOSED AMENDMENT TO SECTION 17 - LEGAL NON -CONFORMING USES, BUILDINGS AND STRUCTURES Add a new Paragraph L to Section 17, to read as follows: L. Notwithstanding any provisions in this Ordinance to the contrary, any carport which was added to the front of a single-family residence before January 10, 1989, and which does not conform with the regulations contained in this Ordinance as to front yard set -backs and front yard building lines if one is shown on the plat, shall be deemed legal non -conforming and may continue to exist if the following conditions are met: 1. Before July 1, 1991, the owner of the residence shall file with the Building Official an application for a building permit accompanied by the requisite fee. 2. The Building Official shall investigate each application and if the application meets the requirements of this paragraph, shall issue a building permit for the carport. Minutes of City Council P-3 Page 431 4vti TUESDAY, JULY 31, 1990 Carports cont. 3. Legal non -conforming carports for which permits are to be issued CP -152 under this paragraph shall comply with the following conditions: (a) the carport shall be open on the sides; (b) the carport shall not encroach into the public right-of-way; (c) the carport shall be used only for the temporary parking of a vehicle and not for any other purpose including storage of any type; (d) the surface under the carport and the driveway leading to the street pavement must be paved; (e) the height of the carport shall be no higher than the lowest eave line of the residence. (f) the carport shall be subject to the provisions of Section 17, Paragraph F, which prohibit the restoration of buildings or parts thereof which are destroyed to the extent of more than seventy-five percent of their reasonable value by fire, explosion or other casualty, or Act of God, or the public enemy. 4. If a single-family residence with such a legal non -conforming carport is sold or transferred, the carport must cease to exist, shall not continue to be used or occupied, and shall be immediately removed by the subsequent owner or transferee at his expense. "Transferred" shall, mean any transfer of title including but not limited to transfers by gift, devise, descent, foreclosure or otherwise, whether voluntary or involuntary. 5. Before the owner of a residence with a legal non -conforming carport may obtain a building permit under this paragraph, such owner must sign a written agreement with the City of Fort Worth in a form acceptable to the Building Official. Such agreement shall provide that the carport must be immediately removed by any subsequent owner or transferee of the residence at his expense, that such agreement shall be a restriction, condition and covenant running with the land which is binding on the owner and his successors in title, and that such agreement may be enforced by the City of Fort Worth. The owner of the residence shall record the agreement in the Deed Records of Tarrant County and provide satisfactory proof of such recordation to the Building Official before a building permit shall be issued. The Building Official is authorized to sign such agreements on behalf of the City. 6. No non -conforming carport which was added to the front of a single-family residence before January 10, 1989, shall be deemed legal non -conforming or be permitted to continue to exist or be used or occupied unless the owner of such residence has obtained a permit as required by this paragraph. 7. The Zoning Board of Adjustment shall not have jurisdiction to grant any variance or exception from the requirements of this paragraph. Introduced Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying r with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Granger, Zapata, and McCray The resolution, as adopted, is as follows: Resolution No. 155 RESOLUTION NO. 1552 ADOPTING 1990-91 OPERATING BUDGET FOR DALLAS/FORT WORTH INTERNATIONAL AIRPORT WHEREAS, the Dallas/Fort Worth International Airport Board has recommended that the City of Fort Worth approve the Budget for the Fiscal year commencing October 1, 1990, and appropriate the monies in the amounts and for the purposes set forth in the Budget; and, WHEREAS, the requirements are considered to be sufficient to maintain and operate the Airport and meet the debt service requirement on all outstanding bonds; and, WHEREAS, it is anticipated that no City tax revenues will be required for these purposes in the coming years. Minutes of City Council P-3 Page 432 1?3 TUESDAY, JULY 31, 1990 Resolution No. NOW, THEREFORE, BE IT RESOLVED by the City Council of Fort Worth, Texas: 1552 cont. Section 1. That the Operating Budget of the Dallas/Fort Worth International Airport Board for the Fiscal Year beginning October 1, 1990, and ending September 30, 1991, is hereby approved. Section 2. That this resolution shall take effect immediately upon its passage. Mr. Mike Felan Mr. Mike Felan, 1228 South Adams, Director of a facility that services the re dental Clinic homeless, appeared before the City Council and expressed opposition to the closing of the City of Fort Worth's dental clinic. Council Member Garrison encouraged Mr. Felan to also present this same speech to the County Commissioners and advised him that the dental clinic is the legal responsibility of Tarrant County. Assistant City Manager Ramon Guajardo appeared before the City Council and advised the City Council that the City of Fort Worth is the only municipality that provides dental clinic service in Tarrant County. Mr. George Sawyer Mr. George Sawyer, 5608 Hensley Drive, representing Texans for Emergency Essential re dental clinic Tooth Health, appeared before the City Council and requested that the City of Fort Worth maintain its dental clinic. The Reverend Terry The Reverend Terry Boggs, representing Allied Community of Tarrant, Boggs re Dental 5105 Winesanker Way, appeared before the City Council and requested that the dental Clinic clinics remain open and proposed that Allied Community of Tarrant and other groups along with the City Council and Tarrant County Commissioners establish a forum for discussing issues of providing services and the division of costs of these services. Ms. Elisa Navera Ms. Elisa Navera, 310 North Hampton, representing the Hispanic Women's Network of re dental clinic Texas, Fort Worth Chapter Committee on Education, appeared before the City Council and requested that the dental clinics remain open. Mr. Marren Condra Mr. Warren Condra, 7458 Meadow Court, North Richland Hills, appeared before the re B-17 City Council and expressed his support of the City Council sheltering the B-17 airplane. Mr. Max Keiffer Mr. Max Keiffer, 5544 Wheaton Drive, appeared before the City Council and re repair of expressed opposition to the spending of $50,000.00 for inspection of Will Rogers Will Rogers Auditorium and requested that the building be repaired. Memorial Coliseum Mayor Pro tempore Gilley commended the Fort Worth Police Department and Fort Worth Independent School District in dealing with some of the issues and problems at Southwest High School. Council Member Chappell advised the City Council that the Chamber of Commerce wishes to continue the item regarding the abatement policy for one additional week and requested that one of the Council members make that motion on next week in his absence. OCS-156 Claims There was presented Mayor and Council Communication No. OCS-156 from the Office of the City Secretary recommending that notices of claims regarding alleged damages and/or injuries be referred.to the Risk Management Department, as follows: Patricia Arnold 1. Claimant: Patricia Arnold Date Received: July 20, 1990 Date of Incident: July 9, 1990 Attorney: Kugle & Frederick (Robert A. Kugle) Location of Incident: 1800 E. Vickery Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as a result of an accident while she was a passenger on a City bus. Alma Evangelina 2. Claimant: Alma Evangelina Hernandez Nava Hernandez Nava Date Received: July 25, 1990 Date of Incident: July 9, 1990 Attorney: Alex Gonzalez, Jr. Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). Wanda Gibson c/o 3. Claimant: Wanda Gibson c/o Margaret Brooks Margaret Brooks Date Received: July 25, 1990 Date of Incident: June 26, 1990 Location of Incident: 4932 Byers Ave. Estimate of Damages/ Injuries: $125.00 Nature of Incident: Claimant is seeking reimbursement for plumber bill charges as the result of a sewer problem that was not on her line. Minutes of City Council P-3 Page 433 TUESDAY, JULY 31, 1990 OCS-156 adopted 11 It was the consensus of the City Council that the recommendation be adopted. OCS-157 correspon- There was presented Mayor and Council Communication No. OCS-157 from the Office of dence from Dr. the City Secretary recommending that correspondence from Dr. Margaret Patoski, Margaret Patoski Secretary of the Humane Society of North Texas, regarding the disposition of animals Group recommends adoption of a boating user fee, an inspection of any boat with a from the Humane Society of North Texas be referred to the Office of the City Manager. all funds collected from the boating user fee will be deposited in the Lake Worth Trust It was the consensus of the City Council that the recommendation be adopted. M&C G-8745 re There was presented Mayor and Council Communication No. G-8745 from the City Hispanic Scholar- Manager, as follows: Mayor and Council Communication No. G-8746, Amendment to Chapter 18 Code of the City of ship Fund unanimously. M&C G-8747 re There was presented Mayor and Council Communication No. G-8747 from the City SUBJECT: HISPANIC SCHOLARSHIP FUND MUSIC FESTIVAL Manager stating that the Texas Property Tax Code requires that a taxpayer must request of tax overpayment RECOMMENDATION: It is recommended that the City Council permit sales of concession items, advertising of corporate sponsors, and sale of admission tickets at a concert to benefit Hispanic scholarship funds at Marine Park on Sunday, August 12, 1990, for the adopted fees of $1,500 plus ten percent (10%) of admission fees to the event, and waive collection of the ten percent (10%) fee on sale of concession items. DISCUSSION: For the last two years Tejanos for Onda Music, Inc., a Texas non-profit corporation, has successfully presented the North Texas Onda Music Festival in Marine Park to benefit Hispanic scholarship funds. Tejanos for Onda Music proposes to sponsor the festival this year at Marine Park on Sunday, August 12, 1990 from 12:00 noon to 11:00 p.m. Admission fees would not exceed $5 per person. A portion of the park would be fenced from Thursday, August 9, through Tuesday, August 14; however, free public access will not be restricted until the day before the concert. Concert proceeds would benefit the scholarship funds of the League of United Latin American Citizens (LULAC) Council 4442, and the Mexican Americans for College Education Fund. The sponsors of the concert would pay the adopted fees of $1,500 plus ten percent (10%) of admission fees, plus adopted fees for use of festival equipment such as stages and ticket booths. The sponsors would be required to present a satisfactory plan to the Park and Recreation Director for the tracking of admission fees for the purpose of assuring payments to the City. The sponsors have requested that the Park and Recreation Department cosponsor the event by waiving the ten percent (10%) fee on sales of concession items. This event is not organized to collect a percentage of sales from the many volunteer organizations that participate. This requested waiver is consistent with the recommendations regarding similar festivals at which concessions are provided by community volunteer organizations. Use of the site would be subject to the same conditions as similar festivals. Those include full indemnification for the City of Fort Worth, public liability insurance, site preservation and maintenance, traffic control, security, and coordination with City staff of all arrangements for use of the site including any announcements by corporate sponsors at the park. No large inflatable displays would be permitted. As previously, the Tejanos for Onda Music would be required to present a satisfactory plan to prevent consumption of alcoholic beverages by minors. M&C G-8745 It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. G-8745, be adopted. M&C G-8746 There was presented Mayor and Council Communication No. G-8746 from the City re Manager stating that the Lake Worth Management Group recommends to Council that certain amendment to Chapter 18 of changes be made to the existing ordinance governing Lake Worth; that the Management The Code of the Group recommends adoption of a boating user fee, an inspection of any boat with a City of Fort Worth toilet, and several additions to the water safety rules applicable on Lake Worth; that all funds collected from the boating user fee will be deposited in the Lake Worth Trust Fund where they will be utilized for the management of Lake Worth; and recommending that the City Council adopt an amendment to Chapter 18 of The Code of the City of Fort Worth which pertains to regulations regarding Lake Worth. Council Member Meadows made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. G-8746, Amendment to Chapter 18 Code of the City of Fort Worth, be tabled. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8747 re There was presented Mayor and Council Communication No. G-8747 from the City authorized refund Manager stating that the Texas Property Tax Code requires that a taxpayer must request of tax overpayment a refund for overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified that erroneous payment or overpayments were made and recommends refund, as follows: Minutes of City Council P-3 Page 434 �5 TUESDAY, JULY 31, 1990 MAC G-8747 cont. ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT re authorized There was presented Mayor and Council Communication No. G-8750 from the City refund of tax 0432-71-01 Lot 1, Blk 3 Computalog Wireline 13,082.87 overpayments 1989 Taxes Benbrook Industrial Pk purchase of school (School Only) supplies for home- Taxes Paid Twice less children 0575-39-29 Blk 11, Lot 40 Stewart Title Co. 625.65 1989 Taxes River Trails Add (City Only) Taxes Paid Twice 0615-94-19 Blk 23, Lot 24 Lomas Mtg. U.S.A. 668.71 1989 Taxes Meadow Creek #1 ADD (City Only) Taxes Paid Twice 14,377.23 It was recommended that refunds totalling $14,377.23 be authorized, with funds available in General Fund 01, Account No. 13-40-20, Index Code 011106. It was the consensus of the City Council that the recommendation be adopted. M&C G-8748 re There was presented Mayor and Council Communication No. G-8748 from the City authorized work Manager recommending that a work authorization be authorized in accordance with AR3-3 authroization for for the replacement of Sanitary Sewer L-1841 by City Forces, located in Eagle Drive replacement of from Yucca Avenue to Riverside Drive, for a total estimated project cost of sanitary sewer L- $176,370.18, with funds available in Water and Sewer Operating Fund 45, Account 1841 No. 70-70-04, Index Code 378886. It was the consensus of the City Council that the recommendation be adopted. M&C G-8749 re There was presented Mayor and Council Communication No. G-8749 from the City ordered improve- Manager stating that the 1986 Capital Improvement Program approved in March 1986 ments to liartin included funds for the improvement of Martin Avenue from Wichita Street to Shackleford Avenue from Wichita Street; that the existing is HMAC pavement with some curb and some gutter and has never Street to Schackle previously been constructed to city standards; that the project is located in Council ford Street District 8; that the total estimated cost of the assessment is $649,000.00; stating that financing for this project will be established at the time of the contract award; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Martin Avenue from Wichita Street to Shackleford Street; 2. Authorize the assessment of a portion of the cost of the improvements to Martin Avenue against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish August 28, 1990, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. MAC G-8749 adopted It was the consensus of the City Council that the recommendations be adopted. M&C G-8750 re There was presented Mayor and Council Communication No. G-8750 from the City Homeless Program Manager stating that Empire Federal Savings donated to the City $1,000.00 in October Contributions 1989 to be placed in a Special Trust Fund for services/programs for the homeless; that, purchase of school recently, an Advisory Committee for the Education of Homeless Children in conjunction supplies for home- with the Fort Worth Independent School District began to look into the educational less children needs of homeless children; that one significant need is to provide school supplies which cannot be purchased by the families; that the FWISD made application to the Department of Education in May 1990 for funding to implement special outreach and education program for homeless children; stating that funds are available in Special Trust Fund 72, Project No. 515200-00, Index Code 508119; and recommending that the City Council authorize the City Manager to: 1. Expend $1,000.00 from Special Trust Fund 72 Project No. 515200-00, Homeless Program Contributions for the purchase of school supplies for homeless children; and 2. Utilize the above referenced funds to reimburse the Fort Worth Independent School District for the purchase of supplies such as the following: pencils, crayolas, glue, rulers, notebook paper, scissors, school boxes, notebooks, erasers, writing tablets, folders with pockets, dictionaries, and construction paper. Dr. J.D. Shipp Dr. J.D. Shipp, Assistant Superintendent of Fort Worth Independent School re school supplies District, appeared before the City Council and expressed appreciation to the City for the homeless Council and to Empire Federal Savings Bank for its donation for the purchase of school children supplies for homeless children. Minutes of City Council P-3 Page 435 TUESDAY, JULY 31, 1990 Council Member Chappell requested that the City Council allow him to abstain from voting on Mayor and Council Communication No. G-8750 involving Fort Worth Independent School District. Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, that Council Member Chappell be allowed to abstain from voting on Mayor and Council Communication No. G-8750. 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 Meadows, that the recommendations, as contained in Mayor and Council Communication No. G-8750, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Meadows, and Webber NOES: None ABSENT: -Council Members Zapata, Granger, and McCray NOT VOTING: Council Member Chappell M&C G-8751 re There was presented Mayor and Council Communication No. G-8751 from the City ordered improve- Manager stating that the Capital Improvement Program approved in March 1986 included ments to Ayers funds for the improvement of Ayers Avenue from Rosedale Street to Crenshaw Avenue; Avenue from that, since this street lies in two separate drainage areas, staff split the street Crenshaw Avenue to into two segments; that only minor drainage improvements are required in the segment of Avenue 11 Ayers from Crenshaw to Avenue M but major drainage facilities requiring extensive transfer facility design time are required in the segment from Avenue M to Rosedale; that, to expedite construction on this street, the Crenshaw to Avenue M segment will be addressed at this time under this Mayor and Council Communication and the Avenue M to Rosedale segment will be addressed at a later time under separate Mayor and Council Communication; that Ayers Avenue from Crenshaw to Avenue M consists of HMAC pavement in poor condition with some curb and some gutter; that Community Development Block Grant funds will provide 30 percent of the construction cost; that the project is located in Council District 5; that the total estimated cost of the assessment is $557,377.70; stating that financing for the project will be established at the time of the contract award; and recommending that the City Council: Introduced a 1. Declare the necessity for and order the improvements to Ayers Avenue Re solution from Crenshaw Avenue to Avenue M; 2. Authorize the assessment of a portion of the cost of the improvements to Ayers Avenue against the.owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish August 28, 1990, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M&C G-8751 adopted1l It was the consensus of the City Council that the recommendations be adopted. M&C G-8752 re There was presented Mayor and Council Communication No. G-8752 from the City resolution from Manager stating that staff received a resolution from Haltom City on July 25, 1990, Haltom City oppos- opposing the location or expansion of a facility at 4275 Beach Street for the purpose ing a permit to of storing or transporting any hazardous materials; that, since the time that DPC construct a Sulfur Industries Company purchased the property, it has operated a chlorine transfer facility Dioxide/Chlorine without obtaining an air emission permit from the Texas Air Control Board; that the transfer facility company has filed an application with the Texas Air Control Board for a permit to construct a sulfur dioxide/chlorine transfer facility; that, due to the hazardous nature of these materials and the close proximity to residential, commercial, and industrial property, staff cannot recommend the Air Control Board issue a permit to operate such a facility at 4275 Beach Street; and recommending that a resolution be adopted opposing the issuance of an emission permit by the Texas Air Control Board to DPC Industries Company and authorize the City Manager to forward the resolution to the Executive Director of the Texas Air Control Board requesting a public hearing be conducted in the Fort Worth area. It was the consensus of the City Council that the recommendations be adopted. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Re solution adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Granger, Zapata, and McCray Minutes of City Council P-3 Page 436 4 ?'m TUESDAY, JULY 31, 1990 The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1553 1553 WHEREAS, public notice has been given in the Fort Worth Star Telegram on July 7, 1990, that DPC Industries Company has applied for a permit from the Texas Air Control Board to construct a sulfur dioxide/chlorine transfer facility at 4275 Beach Street in Fort Worth; and WHEREAS, Sulfur dioxide and chlorine are both known as highly toxic gases; and WHEREAS, the location of this facility is adjacent to major business within the cities of Fort Worth and Haltom City; and WHEREAS, the hauling routes for this material will likely pass by residential, commercial and industrial property. WHEREAS, the storage, handling, and transportation of this material jeopardizes the health, safety and welfare of citizens of Fort Worth and Haltom City; and NOW, THEREFORE, be it resolved by the City Council of Fort Worth, Texas that the governing body hereby goes on record with the Texas Air Control Board as being opposed to the issuance of a permit for the current operation or any expansion of the facility for the specific purpose of storing or transporting sulfur dioxide and chlorine and any other material classified as hazardous or toxic in nature. M&C P-4400 re There was presented Mayor and Council Communication No. P-4400 from the City authorized pur- Manager submitting a tabulation of bids received for the purchase of 34,000 pounds of chase of 34,000 frozen fish for the Park and Recreation Department; stating that funds are available in pounds of frozen General Fund 01, Account Nos. 80-50-40 and 80-50-50, Index Codes 309427 and 311316, fish for the respectively; and recommending that the purchase be made from McRoberts Sales, Inc., on Park and Recreat- total low bid, meeting City specifications, of $12,915.00 net, f.o.b. Fort Worth. It ion Department was the consensus of the City Council that the recommendation be adopted. from McRoberts Salb, Inc. There was presented Mayor and Council Communication No. P-4401 from the City M&C P-4401 re Manager submitting a tabulation of bids received for the purchase of fire hose for the purchase of Fire Department; stating that funds are available in General Fund. 01, Account fire hose for the No. 36-30-00, Index Code 276204; and recommending that the purchase be made from Casco Fire Department on low overall bid of $35,000.00 net, f .o.b. destination. It was the consensus of the from Casco City Council that the recommendation be adopted. M&C P-4402 re There was presented Mayor and Council Communication No. P-4402 from the City two renewal options Manager submitting a tabulation of bids received for a purchase agreement with two with Moore business renewal options to provide tax statements for the Finance Department; stating that Forms to provide budgeted funds are sufficient to cover the anticipated expenditure by the department; tax statements for and recommending that the purchase agreement be authorized with Moore Business Forms, the Finance Depart Inc., on low bid, meeting City specifications, of $251.00 per thousand and postage of men t $229.00 per thousand; and that the annual agreement begin upon date of authorization by City Council and end one year later, with option for renewal. It was the consensus of the City Council that the recommendations be adopted. M&C P-4403 re There was presented Mayor and Council Communication No. P-4403 from the City rejected all bids Manager stating that bids were opened on April 19, 1990, for grounds maintenance received for service for the Aviation Department at Alliance Airport; that specifications required grounds maintenance that the contractor submitting the bid have a current Texas Department of Agriculture service for the Certified Commercial Pesticide Application License; that the low bid submitted by Aviation Departmen Kodiak Enterprises contained a Certified Application License issued by the Structural Pest Control Board to Jesse G. Beaty, Jr., of Roanoke, Texas; that Mrs. Lubke of Kodiak Enterprises stated that Mr. Beaty was a part-time employee of Kodiak; however, upon inquiring to the Structural Pest Control Board if this was a valid use of the license, the response was no; that Mr. Beaty would be allowed to do it as a sub -contractor providing the necessary insurance and keeping on file, at his place of business, .all records of application; that the next low bid submitted by Forest Hills Lawn Service was approximately 60 percent higher; that, due to budgetary restraints, it is recommended that this service be rebid, revising the specifications to allow both lawn maintenance contractors and pesticide applicators to bid separately which should increase the participation of bidders; stating that no funding is necessary at this time; and recommending that the City Council reject all bids received for ground maintenance service for the Aviation Department and authorize a rebid with revised specifications. It was the consensus of the City Council that the recommendation be adopted. M&C P-4404 re There was presented Mayor and Council Communication No. P-4404 from the City authorized purchase Manager submitting a tabulation of bids received for a purchase agreement for the agreement for purchase of various sizes and types of bearings and seals for all City departments; bearings and seals stating that budgeted funds are sufficient to cover the anticipated expenditures by for all City Depar - each department participating in this agreement; and recommending that the City Council. ments from Motion authorize: Industries Minutes of City Council P-3 Page 437 4C 8 TUESDAY, JULY 31, 1990 M&C P-4404 cont. 1. A purchase agreement for the purchase of various sizes and types of re authorized bearings and seals from Motion Industries on the low bid of unit prices purchase agree- and percent discount off dealer's list prices, as follows: provide ment for bearings Service to furnish vendor has agreed to continue to honor the original bid price; stating that budgeted tire repair funds are sufficient to and seals for all Item #2 - Ti nken Beari ng #3525 $ 3.64 ea. City Departments Item #3 - Tinken Beari ng #3585 $ 7.86 ea. from Motion Ing Item #4 - Tinken Bearing #39581 $ 9.68 ea. dus trie s Item #5 - Tinken Bearing #HM212049 $10.05 ea. Item #6 - Tinken Bearing #3782 $ 6.14 ea. Item #7 - Tinken Bearing #HM212011 $ 5.63 ea. Item #8 - Tinken Bearing #3720 $ 2.85 ea. Item #9 - Tinken Bearing #HM212047 $10.35 ea. Item #10 - Tinken Bearing #580 $11.88 ea. Item #11 - Tinken Bearing #LM104969 $ 4.02 ea. Item #12 - Tinken Bearing #594A $13.82 ea. Item #13 - Tinken Bearing #598A $14.46 ea. Item #14 - Tinken Bearing #39520 $ 4.90 ea. Item #15 - Tinken Bearing #39590 $ 8.07 ea. Item #16 - Tinken Bearing #47620 $ 7.60 ea. Item #17 - Tinken Bearing #47686 $11.73 ea. Item #18 - Tinken Bearing #28682 $ 7.10 ea. Item #19 - Tinken Bearing #572 $ 7.35 ea. Item #20 - Tinken Bearing #SET11 $ 3.92 ea. Item #21 - Tinken Bearing #SET1 $ 3.16 ea. Item #22 - Tinken Bearing #SET6 $ 3.36 ea. Item #23 - Tinken Bearing #SET13 $ 3.75 ea. Item #24 - Tinken Bearing #45284 $ 8.19 ea. Item #25 - Tinken Bearing #45220 $ 4.28 ea. Item #26 - Tinken Bearing #28622 $ 3.95 ea. Item #27 - Tinken Bearing #28682 $ 7.10 ea. Item #28 - Tinken Bearing #592A $ 9.20 ea. Item #29 - Tinken Bearing #3984 $ 7.34 ea. Item #30 - Tinken Bearing #SET5 $ 4.02 ea. Item #31 - Unspecified Bearings List Less 51% Item #33 - National Seal #87055 $ 0.90 ea. Item #34 - National Seal #3357 $ 1.07 ea. Item #35 - National Seal #5121 $ 0.96 ea. Item #36 - National Seal #8871 $ 0.82 ea. Item #37 - National Seal #6815 $ 0.97 ea. Item #38 - National Seal #3087 $ 3.03 ea. Item #39 - National Seal #4099 $ 2.96 ea. Item #40 - National Seal #370012A $11.46 ea. Item #41 - National Seal #6638 $10.47 ea. Item #42 - National Seal #370054A $ 9.09 ea. Item #44 - National Seal #89745 $ 1.17 ea. Item #45 - National Seal #370132A $11.13 ea. Item #46 - National Seal #370131A $15.89 ea. Item #47 - National Seal #370021A $15.27 ea. Item #48 - National Seal #456618 $ 9.16 ea. Item #49 - National Seal #370005A $17.46 ea. Item #50 - National Seal #370003A $15.27 ea. Item #51 - National Seal #370048A $14.03 ea. Item #52 - National Seal #370024A $14.13 ea. Item #53 - National Seal #370001A $12.16 ea. Item #54 - National Seal #370003A $15.27 ea. Item #55 - National Seal #6481S $15.75 ea. Item #56 - National Seal #370023A $14.61 ea. Item #57 - National Seal #6649 $19.86 ea. Item #58 - National Seal #2081 $ 2.54 ea. Item #59 - National Seal #455173 $ 6.65 ea. Item #60 - National Seal #370009A $14.72 ea. Item #61 - Unspecified Seals List Less 65% 2. The agreement to begin July 18, 1990, and end on July 17, 1991, with two one-year renewal options; and 3. All City departments to participate in this agreement, if needed. M&C P-4404 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4405 re There was presented Mayor and Council Communication No. P-4405 from the City authorized purchas Manager submitting a tabulation of bids received for the purchase of vault doors for of vault doors the Water Department; stating that purchases will be charged to Water and Sewer for the Water Operating Fund 45, Inventory Subsidiary Account No. 141-000279; and recommending that Department from the purchase be made from B&W Sales, Inc., on low bid of $9,324.00 net, f.o.b. Fort B&W Sales, Inc. Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. - M&C P-4406 re There was presented Mayor and Council Communication No. P-4406 from the City renewal for pur- Manager stating that the City Council authorized a one-year purchase agreement on chase agreement August 1, 1989, with two one-year options for renewal, with Dawson Tire Service to with Damson Tire provide tire repair services; that service by the vendor has been satisfactory and the Service to furnish vendor has agreed to continue to honor the original bid price; stating that budgeted tire repair funds are sufficient to cover the anticipated expenditure by the department services for the 11 participating in this agreement; and recommending that the City Council authorize: City Services Depat - ment it Minutes of City Council P-3 Page 438 4L'31'9 TUESDAY, JULY 31, 1990 &C P-4406 cont. ene��al for purchase 1. Exercising the first option for renewal to a purchase agreement with agreement with Dawson Tire Service to furnish tire repair services for the City Dawson Tire Services Department on the low bids of unit prices, as follows: Service to furnish 1) Tire repair of passenger car and light pickup tires $ 6.00 ea. tire repair service 2) Tire repair of light commercial vehicle tires $10.00 ea. for the City Services 3) Tire repair of truck tires 750 x 20 to 1200 x 20 $10.00 ea. Department 4) Tire repair of tractor tires in various sizes 4 to $10.00 ea. 8 ply 5) Tire repair of motor grader tires from 300 to $25.00 ea. 1400 x 24 6) Tire repair of industrial loader tires 15.5 x 25 to $25.00 ea. 18.4 x 28 7) Tire repair of trailer tires, various sizes $10.00 ea. 8) Road service to the site of disablement within $15.00 ea. Loop 820 9) Road service to the site of disablement outside $15.00 ea. Loop 820 2. The agreement to begin the day of authorization and end one year later, with option to renew for one additional year. M&C P-4406 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4407 re There was presented Mayor and Council Communication No. P-4407 from the City purchase of grass Manager stating that, during the recent severe weather, the golf course greens were sprigs for the Park damaged severely; that the condition of the bermuda grass greens were not obvious due and Recreation to the overseed of winter grass; that the greens must be re -sprigged by August 1st to Department from allow the roots to become established before the first frost; that the Park and Jim Eagle Turf, Inc Recreation Department requested that an emergency purchase of Bermuda grass sprigs be made on July 2, 1990, using telephone quotes for pricing; that Jim Eagle Turf, Inc., quoted $3.00 per bushel and could supply as needed; that the Department of Law was notified of the situation and approved the emergency procedures on July 3, 1990; stating that funds are available in Golf Course Fund 39, Park and Recreation Account No. 80-41-10, Index Code 311928; and recommending that the City Council confirm the emergency purchase of grass sprigs for the Park and Recreation Department from Jim Eagle Turf, Inc., at a cost of $3.00 per bushel, $13,500.00 plus shipping costs of $300.00, for an amount not to exceed $13,800.00. It was the consensus of the City Council that the recommendation be adopted. M&C L-10170 re There was presented Mayor and Council Communication No. L-10170 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for the east five feet permanent water of Lot 15, Block 1, Meadowbrook Addition; located at 4316 Lambeth; owned by Cong Chi line easement Pham and Thoa T. Hoang; and required for the installation of mid -block street lighting. that the easement be acquired as recommended and that the expenditure be charged to It was the consensus of the City Council that the easement be acquired as recommended There was presented Mayor and Council Communication No. L-10173 from the City and that the expenditure be charged to Index Code 282483. Manager recommending that the City pay a total consideration of $866.00 for an right -of -xray and M&C L-10171 re There was presented Mayor and Council Communication No. L-10171 from the City acquisition of Manager recommending that the City pay a total consideration of $8,125.00 for an permanent grater "L" -shaped permanent water line easement 15 feet in width and approximately 3,616 feet line easement in length along its northern and western boundaries out of Tract 3A, John Korticky Survey, Abstract No. 914, as recorded in Volume 9057, Page 290, Deed Records, Tarrant County, Texas; same being adjacent to the east side of the tank site and being the 5800 Block of Stuart Phelps Road and the proposed Granbury Road; owned by Bluebonnet Savings Bank, F.S.B.; and required for Sun Country Elevated Tank and Transmission Main. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Water Capital Improvement Fund PW83, Center No. 060830180010, Account No. 541100. M&C L-10172 re There was presented Mayor and Council Communication No. L-10172 from the City acquisition of Manager recommending that the City pay a total consideration of $200.00 for a permanent easement rectangularly -shaped permanent easement five feet in depth and 7.5 feet in length located at the northwest corner of Lot 18, Block 44, Highland Park Addition, as recorded in Volume 310, Page 60, Deed Records, Tarrant County, Texas; located at 1219 East Allen; owned by Alta W. Starr and James Edward Smith; and required for Sanitary Sewer Rehabilitation Contract XVII. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Sewer Capital Improvement Fund 58, Project No. 017078-00, Index Code 698787. M&C L-10173 re There was presented Mayor and Council Communication No. L-10173 from the City acquisition of Manager recommending that the City pay a total consideration of $866.00 for an right -of -xray and irregularly-shaped strip of land along the west property line of Lot 11, Block 2, public open space Eastwood Addition, Fourth Filing, as described in Volume 3920, Page 46, Deed Records, easement Tarrant County, Texas; same being approximately 13.98 feet in depth along the south property line, 2.25 feet in depth on the north property line, and 117 feet in length; and a public open space easement from the southwest property corner of the above-described right-of-way located in Lot 2, Block 11; located at 5001 Reed Street; owned by Arthur S. Graham - Estate, and wife, Eva B. Graham; and required for improvement of Village Creek Road. It was the consensus of the City Council that the right-of-way and easement 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-10174 re There was presented Mayor and Council Communication No. L-10174 from the City acquisition of Manager recommending that the City pay a total consideration of $400.00 for a permanent and construction ease- ments Minutes of City Council P-3 Page 439 4,31 0 TUESDAY, JULY 31, 1990 M&C L-10174 re rectangularly -shaped permanent easement 15 feet in width and approximately 128.16 feet acquisition of in length located across the westerly portion of Lot 12, Block 2, Elizabeth Gouhenant permanent and (or Gounah's) Addition and the westerly portion of the north 97 feet of Lot 10 (also construction ease- known as Lot 1), J.L. Moore Addition, as recorded in Volume 8325, Page 134, Deed ment cont. Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 128.16 feet in length adjacent to the westerly line of said permanent easement; located at 537 Samuels Avenue; owned by McDunn Partnership (Jim Dunnagan and Bill McElevany); and required for rehabilitation of Sanitary Sewer Main 42, Lateral 527, and Main 383-A. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Improvement Fund 58, Project No. 017065-00, Index Code 698787. M&C L-10175 re There was presented Mayor and Council Communication No. L-10175 from the City authorized pipe- Manager stating that an agreement with The Atchison, Topeka and Santa Fe Railway line license Company is necessary for the installation of an 11 -inch sanitary sewer across its agreement with Ireland Avenue station at Mile Post 0+3321; stating that funds are available in Sewer Atchison, Topeka Capital Improvement Fund 58, Project No. 017081-00, Index Code 698787; and recommending and Santa Fe Rail- that the City Manager be authorized to enter into a pipeline license agreement with way for installa- Atchison, Topeka and Santa Fe Railway. It was the consensus of the City Council that tion of an 11 -inch the recommendation be adopted. sanitary sewer M&C L-10176 re There was presented Mayor and Council Communication No. L-10176 from the City pipeline license Manager stating an agreement with Atchison, Topeka and Santa Fe Railway is necessary to agreement with install a 15 -foot underground water line near its Alliance station under, over, and Atchison, topeka across Tract 141C, Cabel O'Briant Survey, Abstract No. 1195; stating that funds are and Santa Fe Rail- available in Water Capital Improvement Fund 83, Project No. 015070-00, Index Code way for in s talla - 698738; and recommending that the City Manager be authorized to enter into a pipeline tion of a 15 -foot license agreement with Atchison, Topeka and Santa Fe Railway. It was the consensus of underground water the City Council that the recommendation be adopted. line M&C L-10177 re There was presented Mayor and Council Communication No. L-10177 from the City reinstatement of Manager stating that Lot 25, Block 27, Lake Worth Lease, was transferred to Debra Kay 50 -year lease Hamby on September 2, 1988; that the City Council approved cancellation of the lease on executed by Floyd December 2, 1989, due to default in the payment of rent; that the Real Property L. Rogers and Mary Management Department was notified by the bankruptcy court that Ms. Hamby's application L. Rogers Lake for bankruptcy was approved prior to the date of cancellation; that Mr. Jack Lovette, Horth Lease Survey attorney for Mr. and Mrs. Floyd Rogers, on July 13, 1990, informed Real Property Management that the bankruptcy had been closed and that Mr. and Mrs. Rogers were foreclosing on the property; that, at this time, Mr. and Mrs. Rogers paid all amounts due; and recommending that the 50 -year lease executed by Floyd L. Rogers and Mary L. Rogers on March 3, 1982, covering Lot 25, Block 27, Lake Worth Lease Survey, be reinstated effective immediately. It was the consensus of the City Council that the recommendation be adopted. M&C L-10178 re There was presented Mayor and Council Communication No. L-10178 from the City acquisition of Manager recommending that the City pay a total consideration of $264.00 for an right-of-way irregularly-shaped strip of land from the south property line of Lot 6, Block 4, Homewood Addition, as described in Volume 2940, Page 473, Deed Records, Tarrant County, Texas; same being 102.24 feet in length; located at 4211 Martin Avenue; owned by Midwestern Development and Realty Company; and required for reconstruction of Martin Avenue from Wichita Street to Shackleford Street. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund GS67, Center No. 020670402400, Index Code 541100. M&C L-10179 re There was presented Mayor and Council Communication No. L-10179 from the City denied referred it Manager stating that Lot 3, Block 32, Oak Grove, is private property surrounded by back to staff to Marine Creek Park; that the owner of the property has agreed to donate the lot to the rework the rever- City so that it can be incorporated into Marine Creek Park; that the deed contains a sionary clause in reversionary clause which would return it to the Grantor in the event the City no the deed longer uses the lot for public park; and recommending that the City Council accept a deed from Lee S. Green donating Lot 3, Block 32, Oak Grove, to the City of Fort Worth for use as a park. Council Member Webber made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. L-10179 be denied and that it be referred back to staff to rework the reversionary clause in the deed. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10180 re There was presented Mayor and Council Communication No. L-10180 from the City acquisition of Manager, as follows: right-of-way SUBJECT:_ ACQUISITION OF RIGHT-OF-WAY/MEACHAM BOULEVARD/MARK IV TO BURLINGTON/PARCEL 7 RECOMMENDATION: It is recommended that the City Council: 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON 30-036901-00 30-023191-00 $74,000.00 To provide funds New Additions Meacham Blvd. for R.O.W. Unspecified Overpass 2. Approve the acquisition of the property described below: Minutes of City Council P-3 Page 440 4,11 TUESDAY, JULY 31, 1990 M&C L-10180 cont. re acquisition of Name and Description of Project right-of-way Meacham Boulevard Mark IV to Burlington) Type of Acquisition Outright Purchase/Right-of-Way Description of Land An irregularly shaped parcel of land out of the southeasterly corner of Lot 1, Block 1, Hobbs Trailers Addition as recorded in Volume 388-79, Page 33, Deed Records, Tarrant County, Texas. This parcel is 188.94 feet in depth on the easterly side and 728.73 feet in length on the southerly side of said parcel, and contains 36,736 square feet as required for street right-of-way. Square Feet: 36,736 Zoning: "K" Heavy Industrial Description of Improvements: Pavement Parcel No.: 7 Consideration Payment for Land $61,000.00 Payment for Improvements 13,000.00 Total Consideration $74,000.00 Location Blue Mound Road at Meacham Boulevard Owner Fort Worth Industrial Development, Inc. A check in the amount of purchase price will be payable to Rattikin Title Company, 611 Throckmorton, Fort Worth, Texas 76102, for handling the closing transaction. Financing Sufficient funds are available in Street Improvement Fund GS30, Center No. 020300369010, New Additions Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund GS30, Center No. 020300231910, Meacham Boulevard Overpass. Expenditure will be made from Account No. 541100. Land Agent Aleeta Hackney MAC L-10180 adoptel It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10180, be adopted. MAC L-10181 re There was presented Mayor and Council Communication No. L-10181 from the City purchase of improv -Manager stating that the City Council approved the Lake Worth Land Use and Management ments located on Plan as prepared by Carter and Burgess, Inc., on March 4, 1982; that the lease site, Lot 13, Block 28, described as Lot 13-R, Block 28, Lake Worth Lease Survey, is situated in a designated Lake Worth Lease "Park" area, and is scheduled for park conversion under Phase II section of the Survey aforementioned plan; that the Real Property Management Department has negotiated with Mr. Carter Smith, owner of the improvements, to sell the improvements to the City for a consideration of $16,500.00; that funds are available in Lake Worth Trust Fund FE70G 538070 016001002000; and recommending that improvements located on Lot 13, Block 28, Lake Worth Lease Survey, be purchased for $16,500.00; and that the improvements be removed at the least possible expense to the City. It was the consensus of the City Council that the recommendations be adopted. M8C L-10182 re There was presented Mayor and Council Communication No. L-10182 from the City withdrew Manager stating that Betty Thompson Crawford entered into a 50 -year lease on January 19, 1982, with the City covering Lot 33, Block 7, Lake Worth Survey; that Mrs. Crawford is deceased and the estate is being handled by a son, Kenneth Moldenh aur; that the rent on this lease is now 11 1/2 months in arrears for a total of $222.45 plus $4.29 in interest; that the required notice was mailed to the lessee on April 23, 1990, giving notice of termination for default unless all arrearages were paid current; and recommending that the 50 -year lease with Betty Thompson Crawford (deceased) covering Lot 33, Block 7, Lake Worth Lease Survey be cancelled and that the lease site be cleared at the least possible expense to the City. Mayor Pro tempore Gilley made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. L-10182, Cancellation of Lake Worth Lease - Lot 33, Block 7, Lake Worth Lease Survey, be withdrawn from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. MC L-10183 re There was presented Mayor and Council Communication No. L-10183 from the City acceptance of a Manager stating that Council approved the acceptance of a tract of land (1.869 acres) Correction Deed on February 4, 1986, from The Cities Corporation for the Alta Mesa Boulevard Project for a strip of Unit III; that, subsequent to this approval, a deed conveying this property to the City land was filed in Volume 8487, Page 1809, Deed Records, Tarrant County, Texas; that, inadvertently, an error was made with the original survey and the correct land area should be 1.841 acres instead of 1.869 acres conveyed to the City; and recommending that the City Council authorize acceptance of a Correction Deed for a strip of land out Minutes of City Council P-3 Page 441 4 AT 20 TUESDAY, JULY 31, 1990 M&C L-10183 cont. of Block 13 and Block 16, Shelby County School Lands Survey, Abstract No. 1375, from re accepance of the Cities Corporation. It was the consensus of the City Council that the a Correction Deed recommendation be adopted. M&C C-12449 re There was presented Mayor and Council Communication No. C-12449 from the City contract with Manager submitting a tabulation of bids received for utility cut repairs; and Atkins Brothers recommending that a fund transfer in the amount of $575,509.10 be authorized from Water Equipment co., and Sewer Operating Fund 45, Account No. 60-90-20, to Water Capital Improvement Inc. for utility Fund 53, Project No. 017165-00, Utility Cut Repairs, Contract 90B; and that the City cut repairs Manager be authorized to execute a construction contract with Atkins Brothers Equipment Co., Inc., for utility cut repairs, Contract 90B on its low bid of $575,509.10. It was the consensus of the City Council that the recommendations be adopted. M&C C-12450 re contract with Wal Williams Construc tion for the paving of Loraine Street from Schad Street to Deen Ro M&C C-12450 adopted M&C C-12451 re agreement with Rady and Associat- es, Inc. for desig of village Creek Collector Parallel Sewer, Contract II There was presented Mayor and Council Communication No. C-12450 from the City Manager submitting a tabulation of bids received for the paving of Loraine Street from Schadt Street to Deen Road; and recommending that the City Council: 1. Approve the following fund transfer: FROM TO AMOUNT REASON 67-040901-00 67-040155-00 $210,210.82 To provide funds for the Inner City Loraine St. City's share of construc- Streets Unspe- tion cost plus $16,697.34 cified for possible change orders 76-206081-35 76-206081-97 $100,184.02 To provide funds for 11th Year Loraine St. street construction. CDBG Inner City Streets 2. Authorize the City Manager to execute a contract with Walt Williams Construction in the amount of $333,946.73 and 55 working days for the paving of Loraine Street from Schadt Street to Deen Road. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12451 from the City Manager, as follows: SUBJECT: ENGINEERING AGREEMENT FOR THE VILLAGE CREEK COLLECTOR PARALLEL SEWER, CONTRACT III (RADY AND ASSOCIATES, INC.) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $50,000 from State Revolving Loan Fund 42, Project No. 016901-00, Unspecified to State Revolving Loan Fund 42, Project No. 022004-00, Village Creek Collector Parallel Sewer, Contract III; and 2. Authorize the City Manager to execute an engineering agreement with Rady and Associates, Inc. for the design of the Village Creek Collector Parallel Sewer, Contract III for a total fee not to exceed $50,000. Project No.: 42-022004-00 DESCRIPTION: On April 11, 1978 (M&C C-4151), the City Council authorized the execution of an engineering agreement with Rady and Associates, Inc. to design the Village Creek Collector Parallel Sewer. This project was divided into three (3) contracts, the first two being constructed to relieve overflows in the Sun Valley addition. It is necessary at this time to proceed with the construction of the third contract which will provide additional capacity at the point where the Burleson and Crowley sewers combine. This project has been approved by the Texas Water Development Board for financing through the State Revolving Loan Fund. As a result, value engineering (VE) will be required and the engineer must respond to the (VE) comments. In addition, the proposed alignment must be evaluated and several easements and permits obtained to clear the project for construction. Rady and Associates, Inc. was selected to perform this work because of their familiarity with the project. The original design contract was completed in December, 1987. Rady and Associates, Inc. has proposed to perform this work for a fee not to exceed $50,000, and completion by October 25, 1990. The estimated construction cost is $3,200,000. Rady and Associates, Inc. has complied with the City's DBE policy. Minutes of City Council P-3 Page 442 M&C C-12451 cont. agreement with Rady and Associate Inc. for design of Village Creek Co ]lector Parallel Sewer, contract II M&C C-12452 re change order No. 2 with Coronado Builders, Inc. for the construction of Highland Hills Recreation Center TUESDAY, JULY 31, 1990 FINANCING: 2w ':Z J Sufficient funds are available to transfer from State Revolving Loan Fund 42, �_z,T Project No. 016901-00, Unspecified. Upon approval and completion of "r Recommendation No. 1 in the amount of $50,000.00, sufficient funds will be available in State Revolving Loan Fund 42, Project No. 022004-00, Village Creek Collector Parallel Sewer, Contract III. Expenditures will be made from Index Code 646380. Mayor Pro tempore Gilley advised the City Council that his firm provided the survey work for the design of the Village Creek Collector Parallel Sewer, Contract III, before he became a City Council member; that, since he serves on the City Council, his firm cannot perform the engineering agreement but that his firm will have interactions with the selected engineering firm of Rady and Associates, Inc., at no cost to the City of Fort Worth. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. C-12451, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. C-12452 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 2 FOR HIGHLAND HILLS RECREATION CENTER RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve Change Order No. 2 to City Secretary Contract No. 17277 with Coronado Builders, Inc., in the amount of $23,076.00, increasing the total contract amount to $1,047,160.00 for the construction of Highland Hills Recreation Center. DISCUSSION: On August 1, 1989 (M&C C-11774), the City Council authorized the City Manager to execute City Secretary Contract No. 17277 with Coronado Builders, Inc., in the amount of $1,029,747.00 to construct the new Highland Hills Recreation Center. On January 10, 1990, Change Order No. 1 to the contract was approved reducing by $5,663.00 the contract due to the deletion of the select fill under the floor slab. PROPOSED CHANGE ORDER NO. 2: Provide drainage swale and fire hydrant per requirements of Building Code Department: Add $11,450.00 Revise parapet wall and coping detail to roofing manufacturer's specifications for warranty requirements: Add 5,673.00 Provide miscellaneous architectural changes and additional floor sleeves in gymnasium as per Park and Recreation staff recommendations: Add 5,953.00 Total Proposed Change Order No. 2 Add $23,076.00 Staff has reviewed this cost proposal and believes it to be fair and reasonable for the work to be performed. EFFECT OF PROPOSED CHANGE ORDER NO. 2: Original Contract Amount: $1,029,747.00 Approved Change Order No. 1: (5,663.00) deduct Proposed Change Order No. 2: 23,076.00 Proposed New Contract Amount: $1,047,160.00 Approval of proposed Change Order No. 2 would represent a net increase of 1.69% to the original contract amount. FINANCING: Sufficient funds are available in Park and Recreational Fund 05, Project No. 042004-00, Highland Hills Recreation Center, to finance this change order. Expenditures will be made from Index Code 625517. M &C C-12542 It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. C-12452, be adopted. M&C C-12453 re There was presented Mayor and Council Communication No. C-12453 from the City change order No. 1 Manager, as follows: with Architectural Utilites, Inc. for construction of Ca and Bear Exhibits in Fort Worth Zoo Minutes of City Council P-3 Page 443 `_2 'I:.4 TUESDAY, JULY 31, 1990 M&C C-12453 cont. SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO THE CONSTRUCTION OF CAT AND BEAR re change order No EXHIBITS IN THE FORT WORTH ZOO (ARCHITECTURAL UTILITIES, INC.) 1 with Architectural Utilities, Inc. RECOMMENDATION: for construction o C a t and Bear Ex- It is recommended that the City Council authorize the City Manager to approve Ex- hibits in the Fort Change Order No. 1 to City Secretary Contract No. 17098 with Architectural North Zoo Utilities, Inc. for the construction of Cat and Bear Exhibits in the Fort Worth Zoo in the amount of $80,987.90, increasing the total contract amount to $1,747,790.90. In addition, it is recommended that the City Council authorize a time extension of seventy-five (75) calendar days, increasing the total contract time to four hundred twenty (420) calendar days. nT CriICCTON On May 16, 1989 (M&C C-11646), the City Council authorized the City Manager to execute a contract with Architectural Utilities, Inc., in the amount of $1,666,803 to construct the Cat and Bear Exhibits in the Fort Worth Zoo. This proposed Change Order is needed to provide for pier drilling and casing extras as allowed for in the construction contract with Architectural Utilities, Inc., for structural modifications, utility work changes, and credit on testing lab work. The structural changes and utility work are a result of changing soil conditions from excessive rainfall this past spring. PROPOSED CHANGE ORDER NO. 1: This change order is required to: 1. Provide payment through unit cost per the construction contract for pier lengths in excess of planned quantities and casing lengths. Length Extras 18' 257.30 24" $3,950.91 Casing Costs 1811 $1,794.70 24" $1,954.80 ADD $ 7,957.71 2. Additional 24" and 30" piers with casings and caps in lieu of 18" pier clusters with pier caps as planned due to site conditions. ADD $26,055.66 3. Delete one (1) 24" and three (3) 18" piers with rock anchors and a gunite wall system and add a cantilevered gunite wall system due to excessive rocky soil conditions; delete sixteen (16) 18" piers with rock anchors and add sixteen (16) 24" piers per the project engineer; modify cor-ten steel columns to new grades. ADD $ 8,368.00 4. Modify utility work grades with various deletions and additions to project water, sewer and storm drainage systems to accommodate changes in the project structural system due to unforeseen site conditions and existing utilities conflicts. ADD $26,571.53 5. Credit due to specification change by Architect on water well requirements. DEDUCT ($ 2,350.00) 6. Provide six (6) manholes to project water and sewer systems for maintenance access. ADD $15,135.00 7. Credit for welding certifications of contractor personnel utilizing testing laboratory for City of Fort Worth's annual contract. DEDUCT ($ 750.00) TOTAL $80,987.90 An additional seventy-five (75) calendar days is necessary for this work and previous rain delays. Staff has reviewed all costs and time extensions and believes them to be fair and reasonable for the proposed work. EFFECT OF PROPOSED CHANGE ORDER NO. 1: Original Contract Amount: Recommended Change Order No. 1: Proposed New Contract Amount: Minutes of City Council P-3 Page 444 $1,666,803.00 80,987.90 $1,747,790.90 TUESDAY, JULY 31, 1990 &C C-12453 cont. e construction Approval of proposed Change Order No. 1 would represent a net increase of f Cat and. Bear Ex- 4.85% over the original contract amount. ibits in the fort orth Zoo FINANCING: Sufficient funds are available in Park and Recreation Fund 05, Project No. 046001-00, Zoo Cat and Bear Exhibit for this change order. Expenditures will be made from Index Code 625517. &C C-12453 It was the consensus of the City Council that the reci. ommendation, as contained in Mayor d op to d and Council Communication No. C-12453, be adopted. &C C-12454 re There was presented Mayor and Council Communication No. C-12454 from the City round lease and Manager stating that Pinnacle Air Services, Inc., has requested consideration of a asement agreement ground lease and easement agreement for 26,935 square feet at Alliance Airport; that ith Pinnacle Air Pinnacle proposes to construct temporary office space and, in turn, sublease the office ervices, Inc.for space to the Federal Aviation Administration for its Flight Service District Office; he use of land at that the terms of the ground lease between the City and Pinnacle would include rental lliance Airport rate of $0.18 per square feet; the length of the agreement would be for three years with three one-year options; and the total annual payments to the City would be $4,858.30; and recommending that the City Manager be authorized to execute a ground lease and easement agreement with Pinnacle Air Services, Inc., for use of land at Alliance Airport effective August 1, 1990. r. Jack Tollett Mr. Jack Tollett, 1144 Clara Street, appeared before the City Council and e M&C C-12454 requested that the City Council deny the agreement with Pinnacle Air Services, Inc., greement with and find office space for the FAA where it can be of assistance to the flight schools. innacle Air ervices, Inc. Assistant City Manager Ramon Guajardo appeared before the City Council and advised rmon Guajardo re the City Council that the staff negotiated with the FAA to relocate its office at &C C-12454 agree- Meacham Airport; that, because of the necessity to remove asbestos, the City of Fort en t with Pinnacle Worth could not meet the schedule of the FAA for relocation and that the lease space at i r Services, Inc. Meacham Airport could not be completed until November 1, and stated that FAA negotiated with Pinnacle Air Services, Inc., for lease at its Fort Worth Alliance Airport. Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that Mayor and Council Communication No. C-12454 be approved as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2711 re There was presented Mayor and Council Communication No. FP -2711 from the City accepted as con- Manager stating that construction of water main replacement in Judkins Street from plete contract for Lawnwood Avenue to Galvez Avenue has been completed in accordance with plans and water Main replace specifications under Contract No. 17758 awarded to Larry H. Jackson Construction on ment in Judkins January 30, 1990; and recommending that the City Council accept as complete Street from Lawn- construction for water main replacement in Judkins Street from Lawnwood Avenue to wood Avenue to Galvez Avenue and authorize final payment in the amount of $12,162.00 to Larry H. Galvez Avenue Jackson Construction, with funds available in Street Improvements Fund 67, Encumbrance No. 17758A, Index Code 630335. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2712 re There was presented Mayor and Council Communication No. FP -2712 from the City accepted as com- Manager stating that M-50 and M-53 Rehabilitation in Englewood Heights Addition has plete contract for been completed in accordance with plans and specifications under Contract No. 17684 M-50 and M-53 Re- awarded to L.D. Conatser Contractors on February 13, 1990; and recommending that the habilitation in City Council accept as complete the contract for M-50 and M-53 Rehabilitation in Englewood Heights Englewood Heights Addition and authorize final payment in the amount of $18,136.61 to Addition to. L.D. L.D. Conatser Contractors, with funds available in Sewer Capital Improvement Fund 58, Conatser Contractors Retainage Account No. 205-017684, Index Code 000588. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2713 re There was presented Mayor and Council Communication No. FP -2713 from the City accepted as com- Manager stating that the contract for eight -inch water main replacement in Tanney Hill plete contract for Lane from Ramey Avenue to Vel Drive has been completed in accordance with plans and eight. -inch water specifications under Contract No. 17716 awarded to L.D. Conatser Contractors on main replacement in February 27, 1990; and recommending that the City Council accept as complete the Tanney Hill Lane contract to L.D. Conatser Contractors for the eight -inch water main replacement in from Ramey Avenue Tanney Hill Lane from Ramey Avenue to Vel Drive and authorize final payment in the to Vel Drive to amount of $13,108.40 to L.D. Conatser Contractors, with funds available in Street L.D. Conatser Con- Improvements Fund 67, Contract Encumbrance No. 17716A, Index Code 630335. It was the tractors consensus of the City Council that the recommendations be adopted. Mayor Bolen excused himself from the Council table at this time and Mayor Pro tempore Gilley assumed his chair. Mr. William Edmonds Mr. William Edmonds, 1317 Kings Highway, appeared before the City Council re status of the regarding the status of the request of the City of Fort Worth to the Fort Worth Museum Eakins' painting of Art regarding ownership of The Swimming Hole. City Attorney Adkins advised Mr. Edmonds that the information has not been received from the Fort Worth Museum of Art. Mayor Bolen assumed a chair at the Council table at this time. Minutes of City Council P-3 Page 445 41t Council Member Meadod nominated Ms. Nancy Murphy to the Communi' Development Council Adjourned TUESDAY, JULY 31, 1990 Council Member Meadows made a motion, seconded by Council Member Webber, that changes in memberships on Boards and Commissions be reconsidered at this time. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Meadows nominated Ms. Nancy Murphy for membership on the Community Development Council and made a motion, seconded by Council Member Webber, that Ms. Murphy be appointed to Place 7 on the Community Development Council for a term of office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. There being no further business, the meeting was adjourned. CIP SMRETARY MAYOR Minutes of City Council P-3 Page 446