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HomeMy WebLinkAbout1991/02/12-Minutes-City CouncilCouncil Met embers Present Invocation Pledge of Allegiance Minutes of February 5, 1991 approved Proclamation - American History Month Proclamatin - Lutheran Social Services Proclamation - Education in Public Housing Week Withdrew M&C Nos. G-9032, C-12729 from consent agendi Withdrew M&C No. fp-2777 from con- sent agenda Consent agenda approved as amende( Nominated Ms. Jennifer Garrison to the Fort Worth Youth Commission r. Lon Burnam re upporting resolu- ion a Marginal Aii ayor Pro tempore arrison re Margin< it Resolution ity Manager Ivory e Marginal Resol- tion CITY COUNCIL MEETING FEBRUARY 12, 1991 On the 12th day of February, A.D., 1991, 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 William N. Garrison; Council Members Louis J. Zapata, Kay Granger, Eugene McCray, Garey W. Gilley, Bill Meadows, and Virginia Nell Webber; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Member David Chappell absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Jane McDonald, First Christian Church. The Pledge of Allegiance was recited. On motion of Council Member Zapata, seconded by Council Member Gilley, the minutes of the meeting of February 5, 1991, were approved. A proclamation for American History Month was presented to Mrs. W.K. Robinette, Mrs. Melba Howell Randolph, and Mrs. R. Brien Koehler of the Six Flags, Fort Worth, and Mary Isham Keith Chapters of the Daughters of the American Revolution. A proclamation for Lutheran Social Services Day was presented to The Reverend Terry Boggs. A proclamation for Education in Public Housing Week was presented. Council Member Gilley requested that Mayor and Council Communication Nos. G-9032 and C-12729 be withdrawn from the consent agenda. Council Member Webber requested that Mayor and Council Communication No. FP -2777 be withdrawn from the consent agenda. On motion of Council Member Gilley, seconded by Mayor Pro tempore Garrison, the consent agenda, as amended, was approved. Mayor Pro tempore Garrison nominated Ms. Jennifer Garrison to serve on the Fort Worth Youth Commission and made a motion, seconded by Council Member Webber, that Ms. Jennifer Garrison be appointed to Place 3 on the Fort Worth Youth Commission. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Lon Burnam, 307 West Seventh, representing Texas Citizens in Action, appeared before the City Council and requested that the resolution supporting a "Marginal" Air Quality Classification as authorized by Clean Air Act Amendment of 1990 be tabled or that the resolution be amended by deleting Item No. 2 which expresses opposition by the City of Fort Worth for the implementation of Stage II Vapor Recovery as a cost effective control measure. 1 Mayor Pro tempore Garrison advised the City Council that the deadline for the classification is tomorrow and would be meaningless to postpone the resolution beyond today and requested that the City Council give favorable consideration for the proposed resolution. City Manager Ivory clarified that Item No. 2 on the resolution is not meant to discount the Stage II Vapor Recovery, but that additional steps needed to be taken prior to the implementation of the Stage II Recovery and urged the City Council to approve the resolution as written. Minutes of City Council R-3 Page 130 TUESDAY, FEBRUARY 12, 1991 4argi nal Air Resol u Mayor Pro tempore Garrison made a motion, seconded by Council Member Gilley, that tion approved the resolution be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a, Mayor Pro tempore Garrison introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No.I) RESOLUTION NO. 1700 1700 RESOLUTION SUPPORTING A "MARGINAL" AIR QUALITY CLASSIFICATION AS AUTHORIZED BY THE CLEAN AIR ACT AMENDMENT OF 1990 WHEREAS, The Cities of Fort Worth and Dallas were actively involved in the Clean Air Act Amendment of 1990; and WHEREAS, The Act classifies cities who have not attained the standard for ozone; and WHEREAS, The Council for the. City of Fort Worth has requested staff to pursue the classification of "Marginal" through the appropriate agencies; and WHEREAS, The "Marginal" classification requires the Cities of Fort Worth and Dallas to reach attainment of the ozone standard within three years; and WHEREAS, Region 6 of the Environmental Protection Agency has expressed concern regarding attainment of the ozone standard within the specified three year period, without implementing additional control measures above those specified in the "Marginal" category; and WHEREAS, The City Council for the City of Fort Worth is committed to improving air quality within the region; Lance Lee Lewis 2. Claimant: Lance Lee Lewis Date Received: February 6, 1991 Date of Incident: January 18, 1991 Location of Incident: Meadowbrook/Sandy Lane/Randol Mill Estimate of Damages/ Injuries: $40.59 Minutes of City Council R-3 Page 131 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS that: 1. The City is committed to implementation of additional control measures which are technically and economically cost effective, above those required in the "Marginal" classification; and 2. The City of Fort Worth does not endorse the implementation of Stage II Vapor Recovery as a cost effective control measure; and 3. The City of Fort Worth will work with the Texas Air Control Board and other communities within the Consolidated Metropolitan Statistical Area to develop a control plan, beneficial to the region and which continues to build upon the measures already in place, in order to reach attainment by November of 1993. Resignation of Mr. Council Member Gilley made a motion, seconded by Council Member Granger, that the Mike Patterson fron resignation of Mr. Mike Patterson from the Historic and Cultural Landmark Commission be the Historic and accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed Landmark Commission unanimously. M&C OCS-240 Claims There was presented Mayor and Council Communication No. OCS-240 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: Bobby D. Barr 1. Claimant: Bobby D. Barr Date Received: February 6, 1991 Date of Incident: January 19 & January 25, 1991 Location of Incident: 6904 Church Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as result of sewer backup. Lance Lee Lewis 2. Claimant: Lance Lee Lewis Date Received: February 6, 1991 Date of Incident: January 18, 1991 Location of Incident: Meadowbrook/Sandy Lane/Randol Mill Estimate of Damages/ Injuries: $40.59 Minutes of City Council R-3 Page 131 A' i ance °Lee Lewis' laim cont. Nature of Incident: Claimant alleges damages to vehicle as result of street conditions. argie C. Wooley 3. Claimant: Margie C. Wooley Date Received: February 6, 1991 Date of Incident: December 21, 1990 Location of Incident: 2000 Fairview Estimate of Damages/ Injuries: $75.00 Nature of Incident: Claimant alleges damages to water meter box as result of cover being left off of meter. udrey M. Young 4. Claimant: Audrey M. Young Date Received: February 4, 1991 Date of Incident: January 12, 1991 Location of Incident: 5441 Hensley Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant does not specify details of incident. atie Pearl Rich 5. Claimant: Katie Pearl Rich Date Received: February 4, 1991 Date of Incident: October 5, 1990 Location of Incident: 5736 6th Avenue Estimate of Damages/ Injuries: $328.64 - $342.00 Nature of Incident: Claimant alleges damages as result of sewer backup. ae Lois Williams 6. Claimant: Mae Lois Williams Date Received: February 4, 1991 Date of Incident: August 8, 1990 Location of Incident: 11th Street & Throckmorton Attorney: Renee Higginbotham -Brooks Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as result of tripping on incline. ruce Murphy 7. Claimant: Bruce Murphy Date Received: February 4, 1991 Date of Incident: January 29, 1991 Location of Incident: 6020 Walraven Estimate of Damages/ Injuries: $110.76 - $124.80 Nature of Incident: Claimant alleges damages to vehicle as result of street conditions. risnie Morrow 8. Claimant: Krisnie Morrow Date Received: February 4, 1991 Date of Incident: January 9, 1991 Location of Incident: Corner of Hulen and Crestline Estimate of Damages/ Injuries: $94.95 Nature of Incident: Claimant alleges damages as result of street conditions. r. & Mrs. Buddy 9. Claimant: Mr. & Mrs. Buddy Paddack addack Date Received: February 4, 1991 Date of Incident: January, 1990 Location of Incident: 1613 Clark Road Estimate of Damages/ Injuries: $750.00 - $1,500.00 Nature of Incident: Claimant alleges damages as the result of leaks in water pipes allegedly caused by excessive water pressure. erald I. Stanley 10. Claimant: Gerald I. Stanley Date Received: February 4, 1991 Date of Incident: December 24, 1990 Location of Incident: 3729 Arroyo Road Estimate of Damages/ Injuries: $42.00 Nature of Incident: Claimant alleges damages as result of sewer backup. hellie Denise 11. Claimant: Shellie Denise Weigelt ei gel t Date Recei ved : February 1, 1991 Date of Incident: January 31, 1991 Location of Incident: Camp Bowie and Hulen Estimate of Damages/ Injuries: $1,003.37 - $1,047.01 Nature of Incident: Claimant alleges damages as result of accident involving City -owned vehicle. Minutes of City Council R-3 Page 132 Linda Lundgen Billie H. Wilks M&C OCS-240 adopted OCS-241 Correspon- dence from Ms. Louise Ramig re Humane Society of North Texas M&C G-9030 re Lawsuit styled Melbourne M. Stack and Vickie Franks Stacks M&C G-9031 re amendment to PID No. 1 FY 1990-91 Assessment roll TUESDAY, FEBRUARY 12, 1991 12. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 13. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 133 Linda Lundgren February 1, 1991 January 9, 1991 Roberts Cut -Off Near 199 $114.24 Claimant alleges damages to vehicle as result of street conditions. Billie H. Wilks February 6, 1991 Undeclared Corner of Choctaw Trail and Mojave $45.00 - $55.00 Claimant alleges damages to property caused by City crew. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-241 from the Office of the City Secretary recommending that correspondence from Ms. Louise Ramig, 4912 St. Lawrence Road, regarding the Humane Society of North Texas caring for the pound animals be referred to the City Manager's Office. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-9030 from the City Manager stating that the lawsuit styled Melbourne M. Stacks and Vicki Franks Stacks versus the City of Fort Worth, Cause No. 141-127298-90, arose out of an impoundment of property carried out by the Fort Worth Police Department on or about August 8, 1986; that the arrest took place at the plaintiffs' home and, in connection with the arrest, certain personal property was taken into possession by the Police Department; that the plaintiffs have now sued the City of Fort Worth in this case alleging that, at the time of their arrest, numerous items of property were carried away by the City representatives and ultimately disposed of and/or converted to City use; that the plaintiffs contend that the total value of the property taken from their residence at the time of their arrest exceed $125,000.00, but have offered to settle this case for the total sum of $15,000.00; that, as part of the settlement, it is proposed that each party pay the costs of court incurred by such party and that the City would require releases in favor of the City from the plaintiffs and from their attorneys in this matter; stating that funds are available in Property/Casualty Fund FE71, Center No. 0157120, Account No. 534050; and recommending that the City Council authorize the settlement of the referenced case; authorize the expenditure of $15,000.00 and payment of certain court costs as part of such settlement and authorize the appropriate City personnel to execute the documents necessary to complete such settlement. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-9031 from the City Manager, as follows: SUBJECT: AMENDMENT TO PID NO. 1 FY 1990-91 ASSESSMENT ROLL RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance which amends the 1990-91 assessment roll for Fort Worth Improvement District No. 1 by changing an assessment levied against property of Bodom, N.V.; and 2. Extend the due date without interest on the adjusted assessment to March 15, 1991. nTCriKgTnN- In Cause No. 67-130092-90, in the District Court of Tarrant County, Bodom, N.V. appealed the 1990 tax valuation set by the Tarrant Appraisal District for Account No. 01312901. An agreed judgment was entered in the suit and the City Tax Assessor/Collector is amending the City tax rolls to reflect the new values. The District Court judgment lowered the 1990 valuation from $4,239,498.00 to $3,660,000.00. The Bodom, N.V. property, which is Block 6, Lot 5 of the Hirschfield Addition, is located within Fort Worth Improvement District No. 1. Since the FY 1990-91 assessment rolls were based upon 1990 TAD valuation, the rolls need to be amended to reflect the reduced valuation of the Bodom, N.V. parcel. Adoption of the attached ordinance would make the following amendment to the 1990-91 assessment roll for PID No. 1: Account: 0131-29-01-90 VALUE ASSESSMENT DUE Bodom, N.V. Old $4,239,498.00 $3,391.60 New $3,660,000.00 $2,928.00 Minutes of City Council R-3 Page 133 i3`I TUESDAY, FEBRUARY 12, 1991 M&C G-9031 cont. Since the assessments for PID No. 1 were due by January 31, 1991, it is recommended that the due date without interest for the adjusted assessment on the Bodom, N.V. property be extended until March 15, 1991. M&C G-9031 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9031, be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10781 10781 j AN ORDINANCE AMENDING THE 1990-91 ASSESSMENT ROLLS AND ASSESSMENT ORDINANCES FOR FORT WORTH IMPROVEMENT DISTRICT NO. 1 TO REDUCE THE ASSESSMENT AGAINST ONE PARCEL OF PROPERTY OF BODOM, N.V.; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. M&C G-9032 re There was presented Mayor and Council Communication No. G-9032 from the City Texas Property Manager stating that Texas Property Tax Code requires that a taxpayer must request a Tax Code refund for tax 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; stating that refunds will be made from Revenue Fund GGO1, Account No. 411012, Center No. 0134020; and stating that the Revenue Collection Division of the Finance Department has verified that erroneous payments or overpayments were made and recommends refund, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0049-69-60 Lot 2, Block 16 Overton National Bank $3,523.00 1990 Taxes Cham Arl Hts. 2nd F (City & School) Taxes Paid Twice 0127-73-67 Lot 12D, Block 14 Trinity Western Title Co. 2,206.41 1990 Taxes Hillcrest Add. (FW) (City & School) Taxes Paid Twice 0635-02-67 Lot 40R, Block 18 Smith, Clay A. 1,189.03 1990 Taxes Chapel Creek Ranch (City & School) Taxes Paid Twice TOTAL ACCOUNTS 6 918.44 Council Member Gilley advised the City Council on a conflict of interest in voting on Mayor and Council Communication No. G-9032 regarding Overton National Bank and informed the City Council that he will file an affidavit with the City Secretary. Mayor Pro tempore Garrison advised the City Council that he is disqualified from voting on Mayor and Council Communication No. G-9032. Council Member Webber advised the City Council that she also needs to abstain from voting on Mayor and Council Communication No. G-9032 because of family members that do business with Overton National Bank. Council Member Zapata made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-9032, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, and Meadows NOES: None ABSENT: Council Member Chappell NOT VOTING: Mayor Pro tempore Garrison; Council Members Gilley and Webber M&C G-9033 re There was presented Mayor and Council Communication No. G-9033 from the City revisions of the Manager recommending that the City Council adopt a resolution concerning revisions of Personnel Rules the "Personnel Rules and Regulations" regarding Administration of the Compensation and Regulations Plan, Holiday Pay for Municipal Employees, Workers' Compensation Control Group, and Occupational Injury Benefit Program. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 134 13�i TUESDAY, FEBRUARY 12. 1991 n trod uce d an Council Member Gilley introduced a resolution and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it enolu do n the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: esol uti on No. RESOLUTION NO. 1701 701 WHEREAS, on December 15, 1981, the City Council of the City of Fort Worth passed Ordinance No. 8486, which provided for the establishment, regulation and maintenance of a merit system now contained in Article V of Chapter 2, of the Code of the City of Fort Worth (1986), as amended; and WHEREAS, Article V of Chapter 2 provides that the Personnel Director shall prepare personnel policies which shall provide for such rules, practices and procedures as may be necessary for the effective administration of the City's Merit System; and WHEREAS, such personnel policies, when approved by the City Manager, shall be proposed to the City Council, and the Council may, by resolution, adopt them with or without amendment; and WHEREAS, the Personnel Director and the Risk Management Director have prepared the attached revisions to the City's personnel policies now entitled "Personnel Rules and Regulations", which volume is available for inspection and on file as a public record in the Office of the City Secretary; and WHEREAS, the attached revisions have been approved by the City Manager and are hereby proposed to the City Council as an amendment to the City's "Personnel Rules and Regulations"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the City Council hereby adopt, without amendment, the attached revisions of the "Personnel Rules and Regulations" to facilitate administration of the City's Merit System, as provided in Article V of Chapter 2 of the Code of the City of Fort Worth (1986), as amended. &C G-9034 re There was presented Mayor and Council Communication No. G-9034 from the City ire Department Manager stating that the Fire Department's FY 90-91 budget includes a reduction of 30 udge t Civil Service positions of various ranks, 17 of which were eliminated October 1, 1990, and 13 to be deleted during the first quarter of the fiscal year through normal attrition; that Ordinance No. 10640 was adopted on July 17, 1990, by Mayor and Council Communication No. G-8733 deleting two Captain positions and stating the Fire Department's intent to delete 30 additional Civil Service positions; that, since that time, City Council has approved the deletion of three additional Captain positions and one Lieutenant position; that there are currently one Fire Captain and two Fire Lieutenant vacancies in the Fire Department with no Civil Service eligibility list in effect for the positions; and recommending that the City Council adopt an ordinance to immediately decrease the total number of authorized Fire Captain positions from 77 to 76 and the total number of authorized Fire Lieutenant positions from 101 to 99. It was the consensus of the City Council that the recommendation be adopted. n troduce d an Council Member Gilley introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10782 0782 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE FIRE DEPARTMENT; DELETING ONE CAPTAIN'S POSITION AND TWO LIEUTENANT'S POSITIONS FROM THE TOTAL AUTHORIZED MANPOWER; PROVIDING THE STATEMENT OF INTENT TO DELETE FIVE MORE ENGINEERS' POSITIONS AND ONE FIREFIGHTER'S POSITION FROM THE TOTAL AUTHORIZED MANPOWER AT A LATER DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. Minutes of City Council R-3 Page 135 13 TUESDAY, FEBRUARY 12, 1991 Ordinance No. BE IT HEREBY KNOWN: 10782 cont. WHEREAS, the Fire Chief has requested the City Council to readjust and thereafter specify the total authorized number of civil service positions at each rank in the Fire Department for the remainder of the 1990-91 Fiscal Year; and WHEREAS, the City's annual budget ordinance for the fiscal year of 1990-91 authorized and budgeted positions for the Fire Department's civil service staffing as follows: Deputy Chiefs 6 District Chiefs 17 Captains 80 Lieutenants 102 Engineers 165 Firefighters 328 Total 698 WHEREAS, subsequent ordinances have been enacted further reducing the total number of positions in the Department; and WHEREAS, it is now recommended that the City Council authorize the immediate deletion of one (1) Captain's position and two (2) Lieutenants' positions from the total authorized manpower within the Department. Specifically, there is presently one vacant Captain's position and two vacant Lieutenants' positions for which there are no current promotional eligibility lists in effect regarding said vacancies. Due to organizational changes being implemented within the Department, the duties of said positions are being redistributed among other existing positions. Therefore, the said three positions are no longer necessary to achieve the efficient operations of the Fire Department; and WHEREAS, in previous communications, as well as in previous ordinances, the City Manager's office and the Fire Chief expressed the intent to reorganize certain positions within the Fire Department, meaning that from time to time, and as normal attrition from the Department occurred, certain positions being occupied by civil service personnel would be removed from the classified service by ordinance while at the same time the Department would maintain efficient operations by redistributing those duties to other personnel. This intent was expressed as being in the best interests of the Fire Department and the City of Fort Worth in providing the citizens of Fort Worth the most efficient fire protection possible at the lowest expense necessary. Therefore, it is now recommended that the City Council continue to express in specific terms the intent and prior notice to delete and abolish an additional six (6) civil service positions between the effective date of this ordinance up through or by March 31, 1991. It is further recommended that this intent be clearly expressed so as to negate any expectancy for promotion into said positions which will be deleted as vacancies occur; and WHEREAS, it is anticipated that due to proposed realignments in the management structure and organization of the Department there will be five positions presently occupied by the rank of Engineer and one position presently occupied by the rank of Firefighter which will be deleted. It is proposed that said positions be deleted from the civil service of the Department from time to time as vacancies occur, primarily from normal attrition from the Department; and WHEREAS, the Chief of the Fire Department now requests that the Council adjust the authorized number of Fire Department civil service positions into conformity with the proposed changes as set forth immediately above in order to effect efficient economy of the operations of the City's municipal services; and WHEREAS, the specification and authorization by ordinance of the correct number,of authorized civil service positions is a statutory requirement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. M&C G-9035 re I There was presented Mayor and Council Communication No. G-9035 from the City Southwestern Bell Manager stating that Southwestern Bell's annual golf tournament is scheduled for May 20 annual golf tourn nament Minutes of City Council R-3 Page 136 13'x• - - TUESDAY, FEBRUARY 12, 1991 C G-9035 cont. through May 26, 1991, at the Colonial Country Club; and that, to ensure the safety of the participants and spectators of this tournament, Colonial Country Club is requesting approval from City Council to temporarily close the 3700 block of Country Club Circle and the 3700, 3800, and 3900 blocks of Mockingbird Lane from 6:00 a.m. Monday, May 20, until 9:00 p.m. Sunday, May 26, 1991; and recommending that the City Council approve the request of Colonial Country Club to temporarily close the 3700 block of Country Club Circle and the 3700, 3800, and 3900 blocks of Mockingbird Lane from Monday, May 20 until Sunday, May 26, 1991. It was the consensus of the City Council that the recommendation be adopted. &C G-9036 re There was presented Mayor and Council Communication No. G-9036 from the City resentation of Manager stating that Mr. H.A. Walters, President of the Tarrant County Pawnbrokers $500.00 gift for Association, has presented to the Fort Worth Police Department a gift of $500.00 to he Fort Worth help fund material or supply purchases for the D.A.R.E. program; that this fund will be olice Department used to purchase items which are necessary to conduct the D.A.R.E. program; and recommending that the City Council: 1. Accept a gift in Special Trust Fund FE72, Account No. 488100, Received From Others, Center No. 035535001010, Police Gift Fund - Designated, from the Tarrant County Pawnbrokers Association, Inc., in the amount of $500.00 for the purpose of purchasing materials for the D.A.R.E. program; and 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations by $500.00 in Special Trust Fund FE72, Center No. 035535001010, Police Gift Fund - Designated, from increased estimated receipts. &C G-9036 adopted It was the consensus of the City Council that the recommendations be adopted. n troduce d an Council Member Gilley introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: rdinance No. 0783 � ` &C G-9037 re etting Public earing date con- erning proposed einvestment-zone our and delivery f required notices AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: ORDINANCE NO. 10783 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND FE72, RECEIVED FROM OTHERS, ACCOUNT NO. 488100, POLICE GIFT FUND - DESIGNATED, CENTER NO. 035535001010 OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1991 BY THE SUM OF $500.00 AND APPROPRIATING SAID $500.00 TO THE SPECIAL TRUST FUND FE72, OTHER CONTRACTUAL SERVICES, ACCOUNT NO. 539120, POLICE GIFT FUND - DESIGNATED, CENTER NO. 035535001010, SAID FUNDS TO BE USED FOR THE PURPOSE OF PURCHASING MATERIALS FOR THE D.A.R.E. PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE TO PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. There was presented Mayor and Council Communication No. G-9037 from the City Manager, as follows: SUBJECT: SETTING PUBLIC HEARING DATE CONCERNING PROPOSED REINVESTMENT ZONE FOUR AND DELIVERY OF REQUIRED NOTICES RECOMMENDATION: It is recommended that the City Council take the following actions regarding the proposed Reinvestment Zone: 1. Set Tuesday, February 26, 1991, at 10:00 a.m. as the date and time for a public hearing before City Council concerning the following matters: (a) the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone No. Four for commercial/industrial tax abatement, and (b) the boundaries of such zone; and Minutes of City Council R-3 Page 137 133 ,TUESDAY, FEBRUARY 12, 1991 M&C G-9037 cont. 2. Direct the City Secretary to give notice of the public hearing concerning the Reinvestment Zone and of the City of Fort Worth's intent to enter into abatement agreements with respect to property located in such zone, with such notice to be in accordance with the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Tax Code. On February 12, 1991, the City Council will consider a tax abatement application from Hamstra Builders, Inc. during the Pre -Council session. Before a tax abatement agreement can be approved, a reinvestment zone must be established. The City Council may consider designating an area as a reinvestment zone following a public hearing and notice given in accordance with state law. If the City Council wishes to proceed with the application, a date should be set for a public hearing to consider establishing such a reinvestment zone. The proposed reinvestment zone is the site of the Veterans Administration Outpatient Clinic to be constructed at East Rosedale and St. Louis. Approval of this M&C would establish the February 26, 1991 meeting of the City Council as the date of the public hearing. Public notice of the hearing must be given not later than the seventh day before the date of the hearing, which notice must be published in a newspaper having general circulation in the City of Fort Worth, and must be delivered by the governing body of the City of Fort Worth or a designated officer or employee to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone. If at the February 26 meeting of the City Council, the City Council adopts an ordinance designating the relevant property as a reinvestment zone, the City Council may then consider whether to enter into a tax abatement agreement with the owner of the property located in such reinvestment zone. Not later than the seventh day before the date on which the City of Fort Worth enters into such a tax abatement agreement, the governing body of the City of Fort Worth or a designated officer or employee must deliver a written notice that the City of Fort Worth intends to enter into the agreement to the presiding officer of the governing body of each other taxing unit in which the property to be subject to the tax abatement agreement is located. The notice must include a copy of the proposed tax abatement agreement. M&C G-9037 adopted11 It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9037, be adopted. M&C G-9038 re appointment of Mr. Denton H. Brooks on the Mechanical Board of Appeals M&C G-9039 re authorization to return Police and Fire Department Deputy Chiefs to the City's Step Pay Plan There was presented Mayor and Council Communication No. G-9038 from the City Manager recommending that the City Council approve, confirm, and ratify City Manager's appointment of Mr. Denton H. Brooks to Place 4 on the Mechanical Board of Appeals for a term of office expiring October 1, 1992. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-9039 from the City Manager, as follows: SUBJECT: AUTHORIZATION TO RETURN POLICE AND FIRE DEPARTMENT DEPUTY CHIEFS TO THE CITY'S "STEP" PAY PLAN RECOMMENDATION: It is recommended that the City Council approve the City Manager's plan to remove all Police and Fire Department Deputy Chiefs from the City's performance pay plan under which they are presently being compensated, and thereafter to return all of the Deputy Chiefs to the City's "Step" pay plan form of compensation as set forth below. BACKGROUND: The City of Fort Worth implemented a performance pay plan and management pay plan for general employees in fiscal year 1984-85. Because the State civil service law required that all civil service employees at the same rank be paid the same base salary, those employees were left under the "step plan". Prior to the 1985-86 fiscal year, Police and Fire Deputy Chiefs were paid under the step plan. However, in that year and on their own initiative, all of the Police Deputy Chiefs requested and were granted permission to be placed under the performance pay plan. The rationale for the change was that, since they occupy the level immediately below the Chief, they should be considered as management personnel, just as is the case in other non -civil service departments. They further felt that their future pay raises should be evaluated based on performance review and evaluation rather than simply by time -in -rank ("STEP" plan). In September of 1986, the Fire Deputy Chiefs presented their own written request containing all of their signatures requesting that they also be Minutes of City Council R-3 Page 138 J_ V v TUESDAY, FEBRUARY 12, 1991 &C G-9038 cont.II voluntarily placed under the performance pay plan. Their request was also granted, effective October 1, 1986, and has been in effect to date. M&C G-9039 adopted M&C P-4728 re agreement to furn- ish and provide services at a mobile control tower for the Aviation Departmen On September 17, 1990, Fire Deputy Chief K. D. Laymance, one of the original signatories, filed a lawsuit in District Court basically seeking to enjoin the City from utilizing the management pay plan as a means of compensating Fire Deputy Chiefs. He further contends that the Deputies should never have been placed under the management pay plan. Further, he alleges that all Deputy Chiefs should be paid the same salary, regardless of performance ratings or longevity. During staff discussion of this lawsuit with the City Attorney's office, the conclusion was reached that it would not be prudent use of City resources to litigate this suit. Since the change in pay plans was initiated as a result of requests from Police and Fire Deputy Chiefs, the conclusion was reached that if they no longer want to be in the performance-based pay plan the City should comply with this request. Although this lawsuit was initiated by one Fire Deputy Chief, there are some concerns that failure to pay "all" civil service deputies in the same manner could result in future lawsuits. Therefore, the solution must apply to both Police and Fire Deputy Chiefs. It is further stated that the staff decision to reimplement the step pay plan is not made as the result of settlement negotiations in the above-mentioned litigation. Staff expressly disclaims any liability, primarily because the Deputy Chiefs created the situation now under consideration. It is staff's intent to standardize all civil service compensation steps throughout all ranks in both departments. STAFF RECOMMENDATION: Staff recommends that the City return all Police and Fire deputy chiefs to the step plan. Since some of the deputies are currently above the reestablished range, this would result in a reduction in pay. Those deputies currently below the starting step of the range would realize an increase in pay. In order to mitigate the impact on those deputies above the range, staff recommends the addition of a "C Step" that would be 4 percent above the "B Step". Those deputies above the range will be moved to the "C Step". The new range for current and future deputies in the Police and Fire Departments would be: A Step B Step C Step $50,148 $52,140 $54,225 Those deputies who have spent one (1) year in grade, based on the new range, will be moved to the next higher step. Any increase the deputies receive in the future will be the same across-the-board granted to all civil service employees, regardless of their rank. These changes will become effective March 2, 1991. FINANCING: Sufficient funds are available in the General Fund GGO1, Fire and Police Departments' current budgets, so no further budget appropriations are required. Expenditures will be made from Account No. 514010 in Centers 03610009 0362000, 0365000, 0363000, 0364000, 0366000, 0352000, 03530009 0354000, 0355000, and 0356000. On motion of Mayor Pro tempore Garrison, seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. G-9039, was adopted. There was presented Mayor and Council Communication No. P-4728 from the City Manager submitting a tabulation of bids received for a five-year agreement to furnish and provide services at a mobile control tower for the Aviation Department; stating that funds are available in Airports Fund PE40, Center No. 0552002, Account No. 539120; and recommending that the City Council authorize: 1. An agreement to furnish Aviation Department with follows: a. Initial term in 1991 b. 91-92 Term c. 92-93 Term d. 93-94 Term e. 94-95 Term Not to Exceed and provide air traffic control services for the Midwest ATCT Services, Inc., on the low bid, as Minutes of City Council R-3 Page 139 $ 78,812.50 121,440.00 123,180.00 115,179.96 115,179.96 $555,792.42 140 TUESDAY, FEBRUARY 12, 1991 b. Service eight City owned parts washers every $232.00/ea. service six weeks to include clean solvent and maintenance; and 2. This agreement to begin the date of authorization by the City Council and end one year later or until expiration of authorized options. M&C P-4729 adopted 2. This agreement to become effective on February 15, 1991, and end on M&C P-4728 cont. September 30, 1991, after which fiscal year 1991-92 term will be There was requested for authorization. M&C P-4728 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4729 re There was presented Mayor and Council Communication No. P-4729 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement, to provide auto- with option to renew annually for two years, to provide automotive parts washers, motive parts wash solvent and service for the City Services Department and Fire Department; stating that ers, solvent and budgeted funds are sufficient to cover the anticipated expenditure by the user service for the departments; and recommending that the City Council authorize: City Services De- partment 1. A one-year purchase agreement, with option to renew annually for two years, to provide automotive parts washers, solvent and service with Parts Washer, Inc., for the City Services Department and Fire Department on the low bid of unit prices, as follows: laboratory a. Provide and service 11 parts washers every $528.00/ea. service six weeks to include clean solvent and bid of unit maintenance; and b. Service eight City owned parts washers every $232.00/ea. service six weeks to include clean solvent and maintenance; and 2. This agreement to begin the date of authorization by the City Council and end one year later or until expiration of authorized options. M&C P-4729 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4730 re There was presented Mayor and Council Communication No. P-4730 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for various for various labor laboratory analyses for the City Services Department; stating that budgeted funds are atory analyses for sufficient to cover the anticipated expenditure; and recommending that the City the City Services Counci 1: Department 1. Authorize a purchase agreement for various laboratory analyses with Analysis Services, Inc., on the low overall bid of unit prices, as follows: ITEM DESCRIPTION AMOUNT BID 1. Analysis (Instructions to Bidders) N/A 2. Oil & Lubricants $ 6.75/each 3. Antifreeze $ 12.50/each 4. DF -PI Diesel Fuel $ 10.00/each 5. Distillation ASTM D86 $ 25.00/each 6. Cetane ASTM D976 $ 25.00/each 7. Cloud Point ASTM D2500 $ 15.00/each 8. Pour Point ASTM D97 $ 15.00/each 9. Flash Point ASTM D93 $ 11.00/each 10. Sulfur Content ASTM D1552 $ 18.00/each 11. Water & Sediment ASTM D96 $ 12.00/each 12. Test 4-10 $ 70.00/each 13. API -Gravity DF -P2 $ 10.00/each 14. Distillation DF -P2 $ 25.00/each 15. Cetane ASTM D976 $ 25.00/each 16. Ash Content ASTM D482 $ 22.00/each 17. Carbon Residue ASTM D524 $ 40.00/each 18. Copper Strip ASTM D130 $ 18.00/each 19. Cloud Point ASTM D2500 $ 15.00/each 20. Pour Point ASTM D97 $ 15.00/each 21. Flush Point ASTM D93 $ 11.00/each 22. Atomic Emission $ 15.00/each 23. Sulfur Diesel Fuel ASTM D1552 $ 18.00/each 24. Viscosity ASTM D445 $ 15.00/each . 25. Water and Sediment D96 $ 12.00/each 26. Test 12 through 24 $ 150.00/each 27. Microorganism $ 25.00/each 28. Gravity, Gasoline ASTM D287 $ 10.00/each 29. Color, Gasoline N/A 30. Corrosion ASTM D130 $ 20.00/each 31. Test ASTM D484 $ 10.00/each 32. Mercaptan - Sulfur D3227 $ 30.00/each :.., 33. Sulfur ASTM D1266 $ 35.00/each 34. Existent Gum, ASTM D381 $ 35.00/each 35. Induction ASTM D525 $ 50.00/each 36. Octane, ASTM D2699 $ 75.00/each 37. Octane, ASTM D2700 $ 75.00/each 38. Vapor, Pressure ASTM D323 $ 25.00/each 39. Distillation, ASTM D86 $ 25.00/each 40. Lead Content, ASTM D3237 $ 25.00/each 41. Test 27 through 39 $ 375.00/each 42. Oxygenate, D4053 $ 100.00/each Minutes of City Council R-3 Page 140 &C 4730 cont. TUESDAY, FEBRUARY 12, 1991 43. Toxicity, leaching 44. Leaching, VOC's 45. Leaching, Extractables 46. Leaching, Pesticides 47. Leaching, Herbicides 48. Leaching, Inorganics 49. Leaching, Headspace 50. Test 41 through 48 51. Corrosivity TM -01-69 52. ,Ignitability Flush Point 53. Cyanide - PPM 54. Toxicity, Metals 55. Test 50 through 54 56a. B Tex on Soil 56b. TPH 57a. EP (TOX) 57b. Test 55 through 57a $ 189.00/each $ 260.00/each $ 485.00/each $ 130.00/each $ 120.00/each $ 110.00/each $ 250.00/each $1,000.00/each $ 60.00/each $ 15.00/each $ 50.00/each $ 150.00/each $ 220.00/each $ 80.00/each $ 25.00/each $ 45.00/each $ 150.00/each 2. Authorize the effective date of this agreement to be from date of authorization by City Council and end one year later with option to renew for two additional years.. 141 &C P-4730 adopted It was the consensus of the City Council that the recommendations be adopted. &C P-4731 re There was presented Mayor and Council Communication No. P-4731 from the City urchase of fire Manager submitting a tabulation of bids received for the purchase of fire trucks for rucks for the the Fire Department; stating that funds are available for the first year's ire Department lease/purchase payment in General Fund GGO1, Center No. 0365000, Account No. 541360; and recommending that the City Council authorize: 1. The purchase of one brush truck fire vehicle (Bid No. 90-0836) from Emergency One for the Fire Department on the low bid meeting City specifications of $178,931.00 net, f.o.b. Fort Worth; 2. The purchase of one 75 Foot Quint (Bid No. 90-0837) from Simon - LTI for the Fire Department on the low bid meeting City specifications of $453,806.00 net, f.o.b. Fort Worth; and 3. The City Manager to execute a 7.33 percent, 84 -month lease/purchase agreement with Maryland National Corporation Leasing for an amount not to exceed $117,169.48 annually. &C P-4731 adopted It was the consensus of the City Council that the recommendations be adopted. &C L-10390 re There was presented Mayor and Council Communication No. L-10390 from the City ectangularly- Manager recommending that the City pay a consideration of $1.00 for a haped permanent rectangularly -shaped permanent sewer easement 7.5 feet in width and 175 feet in length ewer easement out of Lot 3, Block 6, Oakhurst Addition, as recorded in Volume 4074, Page 35, Deed Records, Tarrant County, Texas; said land runs parallel and adjacent to the south property line of Lot 3; located at 1513 North Sylvania Avenue; owned by Ruby Grizzle; and required for Main 127 Interceptor, Project No. PS58-070580170820. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Environmental Assessments Fund PS58, Account No. 541100, Center No. 016580171780. &C L-10391 re There was presented Mayor and Council Communication No. L-10391 from the City ectangularly- Manager recommending that the City pay a total consideration of $1.00 for a haped permanent rectangularly -shaped permanent sanitary sewer easement 7.5 feet in width and 175 feet anitary sewer in length out of Lot 4, Block 6, Oakhurst Addition, as recorded in Volume 8008, asement Page 1810, Deed Records, Tarrant County, Texas; that said land runs parallel and adjacent to the north property line of Lot 4; located at 1509 North Sylvania Avenue; owned by Richard and Cheryl Deggans; and required for Main 127 Interceptor, Project No. PS58-070580170820. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Environmental Assessments Fund PS58, Account No. 541100, Center No. 016580171780. &C L-10392 re There was presented Mayor and Council Communication No. L-10392 from the City ectangularly- Manager recommending that the City pay a consideration of $1.00 for a haped temporary rectangularly -shaped temporary construction easement seven feet in depth and 60 feet in onstruction ease- length located adjacent to the existing three-foot utility easement, located along the en t south property line of Lot 14, Block 4, Berkeley Addition, as recorded in Volume 204, Page 79, Deed Records, Tarrant County, Texas; located at 2016 Huntington Lane; owned by Robert Morris Blanton and wife, Carolyn C. Blanton; and required for Sewer Rehabilitation XVIII.. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Environmental Assessments Fund PS58, Account No. 541100, Center No. 016580171780. M&C L-10393 re There was presented Mayor and Council Communication No. L-10393 from the City rectangularly- Manager recommending that the City pay a consideration of $1.00 for a shaped temporary rectangularly -shaped temporary construction easement seven feet in depth and 60 feet in construction ease- length located adjacent to the existing three-foot utility easement, located along the ment south property line of Lot 17, Block 4, Berkeley Addition, as recorded in Volume 204, Page 79, Deed Records, Tarrant County, Texas; located at 2028 Huntington Lane; owned by Grace H. Watts; and required for Sewer Rehabilitation XVIII. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure Minutes of City Council R-3 Page 141 142 TUESDAY, FEBRUARY 12, 1991 M&C L-10393 cont. be charged to Environmental Assessments Fund PS58, Account No. 541100, Center No. 016580171780. M&C L-10394 re executed drainage There was presented Mayor and Council Communication No. L-10394 from the City easement encr oa- Manager stating that Cornerstone Baptist Church submitted an executed Drainage Easement chment agreement Encroachment Agreement to the City for the purpose of constructing an earthen channel for the purpose and concrete box culvert ("Encroachment") which will be built by the church; that the of constructing channel will be located within the boundaries of an existing 60 -foot floodway easement an earthen channe extending across the subject property; and recommending that the City Manager by and concrete box authorized to execute a Drainage Easement Encroachment Agreement with Cornerstone Baptist Church. It was the consensus of the City Council that the recommendation be adopted. M&C L-10395 re There was presented Mayor and Council Communication No. L-10395 from the City temporary roadway Manager stating that Hillwood Holding Corporation proposes to grant a temporary roadway easement, easement to the City of Fort Worth for the purpose of facilitating the City's construction of an access road across Hillwood property located adjacent to the north line of Eagle Parkway and west of Interstate 35W; that the roadway will allow ingress and egress to Lone Star Industries property located between the northeast line of the Hillwood property and the west line of Interstate 35W; and recommending that the City Manager be authorized to accept a Temporary Roadway Easement Agreement from Hillwood Holding Corporation (J. Michael Poss, President). It was the consensus of the City Council that the recommendation be adopted. M&C L-10396 re There was presented Mayor and Council Communication No. L-10396 from the City contract for Manager submitting a tabulation of bids received for a contract for performance of performance of appraisal services in connection with the Green Oaks Boulevard Pass Project; stating appraisal servicel, that funds are available in Street Improvements Fund GS67, Center No. 016670232180, in connection wit Account No. 541100; and recommending that the City Manager be authorized to contract the Green Oaks with Kenneth L. Huffman, MAI, for performance of appraisal services in connection with Boulevard Pass the Green Oaks Boulevard Pass Project for an amount not to exceed $25,000.00. It was Project the consensus of the City Council that the recommendation be adopted. M&C L-10397 re There was presented Mayor and Council Communication No. L=10397 from the City contract for pro- Manager, as follows: fessional service Ferree and Searcy SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES - APPRAISAL SERVICES - FERREE Inc. AND SEARCY, INC., A 26.56 ACRE TRACT OF LAND - PORTIONS OF THE JOHN BURNETT SURVEY ABSTRACT NO. 178, THE LORENZO BURNETT SURVEY ABSTRACT NO. 177, AND THE JOHN CHILDRESS SURVEY ABSTRACT NO. 14542 OWNER CITY OF FORT WORTH RECOMMENDATION: It is recommended that the Council authorize the City Manager to execute a contract with Ferree and Searcy, Inc., for a market value appraisal of a city -owned property located south of CentrePort adjacent to the RAILTRAN Corridor in an amount not to exceed $6000. RACKARMIND Pursuant to City Secretary Contract No. 11107, dated June 5, 1980, the City granted an exclusive option to CentrePort Development Company for the purchase of certain city -owned real estate formerly known as Greater Southwest International Airport. Pursuant to the Lease Termination Agreement which accompanied Mayor and Council Communication C-6848, dated April 12, 1983, between the City of Fort Worth, American Airlines, and CentrePort Joint Venture, CentrePort drew down 26.56 acres from the development and then subsequently reconveyed the land to the City at no cost under M&C L-7716 dated June 21, 1983. This parcel has been reserved for the commuter rail project on the Corridor since reconveyance to the City of Fort Worth. DTCrIIC4TnN The Fort Worth Transportation Authority and Dallas Area Rapid Transit have proposed commuter rail service on the RAILTRAN Corridor beginning in the mid -1990's. City of Fort Worth has indicated to the Transit Authorities that the land is still available for the project pending Council approval. The first step in the use of this parcel for this purpose is an appraisal to determine the value of the land so that it may be credited toward City of Fort Worth's contribution to the commuter rail project. FINANCING: Sufficient funds are available for this appraisal in Special Trust Fund FE72, Center No. 020514090000, Railtran. Expenditures will be made from Account No. 539120. M&C L-10397 adoptd It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. L-10397, be adopted. Minutes of City Council R-3 Page 142 TUESDAY, FEBRUARY 12, 1991 &C PZ -1601 re There was presented Mayor and Council Communication No. PZ -1601 from the City acating a 27 -foot Manager recommending that an ordinance be adopted vacating a 27 -foot wide by 150 -foot ide by 150 -foot long emergency access easement with two public open space easements located in Lot 2, ong emergency Block 4, Campus Business Park Addition. On motion of Council Member Gilley, seconded ccess easement by Mayor Pro tempore Garrison, the recommendation was adopted. ith two public pen space ease Council Member Gilley introduced an ordinance and made a motion that it be adopted. ents The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it ntroduced an the adoption of said ordinance, prevailed by the following vote: rdinance AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber n troduce d an Council Member Gilley introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell NOES: None Ordinance No. ORDINANCE NO. 10785 ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10784 CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID 0784 LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING AN There was presented Mayor and Council Communication No. PZ -1603 from the City right-of-way at EMERGENCY ACCESS EASEMENT AND TWO RELATED PUBLIC OPEN SPACE the southwest the southwest intersection of West Seminary Drive and Hemphill Street, located within EASEMENTS LOCATED WITHIN THE CAMPUS BUSINESS PARK ADDITION TO THE Lot 2, Block 10, Southside Addition. On motion of Council Member Gilley, seconded by West Seminary CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID Drive and Hemphill Introduced Council Member Gilley introduced an ordinance and made a motion that it be adopted. LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING The motion was seconded by Council Member Meadows. The motion, carrying with it the AN EFFECTIVE DATE. &C PZ-1602reThere acating a 32 -foot was presented Mayor and Council Communication No. PZ -1602 from the City Granger, McCray, Gilley, Meadows, and Webber ide by approx. Manager recommending that an ordinance be adopted vacating a 32 -foot wide by 1 -font long drain- approximately 81 -foot long drainage easement located between Lots 2 and 3, Block F, ge easement Overton West Addition, located at South Hulen Street at I.H. No. 20. On motion of Council Member Gilley, seconded by Mayor Pro tempore Garrison, the recommendation was adopted. n troduce d an Council Member Gilley introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10786 0786 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING THE EXCESS PORTION OF A STREET RIGHT-OF-WAY LOCATED WITHIN THE SOUTHSIDE ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. &C C-12726 re There was presented Mayor and Council Communication No. C-12726 from the City enior community Manager stating that the City of Fort Worth, since 1976, through its Employment and ervices Project Minutes of City Council R-3 Page 143 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10785 10785 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A DRAINAGE EASEMENT LOCATED WITHIN THE OVERTON WEST ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1603 re vacating an excess There was presented Mayor and Council Communication No. PZ -1603 from the City right-of-way at Manager recommending that an ordinance be adopted vacating an excess right-of-way at the southwest the southwest intersection of West Seminary Drive and Hemphill Street, located within intersection of Lot 2, Block 10, Southside Addition. On motion of Council Member Gilley, seconded by West Seminary Council Member Meadows, the recommendation was adopted. Drive and Hemphill Introduced Council Member Gilley introduced an ordinance and made a motion that it be adopted. an Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10786 0786 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING THE EXCESS PORTION OF A STREET RIGHT-OF-WAY LOCATED WITHIN THE SOUTHSIDE ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. &C C-12726 re There was presented Mayor and Council Communication No. C-12726 from the City enior community Manager stating that the City of Fort Worth, since 1976, through its Employment and ervices Project Minutes of City Council R-3 Page 143 TUESDAY, FEBRUARY 12, 1991 Training Department, has administered the Senior Community Service Employment Project, M&C C-12726 cont. providing subsidized, part-time training in the public and private non-profit sectors for individuals 55 years of age and older; that an additional $22,600.00 will add two participant slots for the remainder of the fiscal year as well as cover the increased Workers' Compensation premium which rose from 9.06 percent to 12.41 percent, effective July 24, 1990; that the National Council on the Aging, Inc.'s, cash share of the total $689,300.00 budget is $620,300.00; that the remaining $69,000.00 is an in-kind match of services; and recommending that the City Council authorize the City Manager to: 1. Submit and accept, when authorized by NCOA, Budget Modification No. 1 with the National Council on the Aging, Inc., (NCOA) for the Senior Community Service Employment Project (SCSEP). Budget Modification No. 1 grants the City of Fort Worth an additional $22,600.00 in funding and creates a non-cash, supervisory in-kind match increase of $2,500.00 which includes the City's indirect cost. Thus, for the period beginning July 1, 1990, and ending June 30, 1991, the total grant and in-kind amount will be $689,300.00; and 2. Continue the waiver of the indirect cost of administrative staff salaries at the fiscal year 1989-90 grant rate of 2.44 percent as approved by the U.S. Department of Housing and Urban Development. M&C C-12726 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12727 re There was presented Mayor and Council Communication No. C-12727 from the City Proposed Change Manager, as follows: Order No. 5 for Gateway Park - SUBJECT: PROPOSED CHANGE ORDER N0. 5 FOR GATEWAY PARK - PHASE II DEVELOPMENT Phase II Develop- ment RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute the following bond fund transfer: FROM TO AMOUNT REASON GC05080050510110 GC05080050410040 $50,000 To fund Phase Athletic Fields Gateway Park General II Park Devel- Development . opment. 2. Approve Change Order No. 5 to City Secretary Contract No. 17838 with Steele -Freeman, Inc., in the amount of $49,840.15, increasing the total contract amount to $2,273,512.32, for the construction and installation of park improvements in Gateway Park. nTCCIICCTnN- On April 24, 1990 (M&C C-12286), the City Council authorized the City Manager to execute City Secretary Contract No. 17838 with Steele -Freeman, Inc., in the amount of $2,208,570.17 to construct and install park improvements in Gateway Park. On July 16, 1990, Change Order No. 1 to the contract was administratively approved, reducing the contract by $200.00 due to the deletion of soil sterilization of soccer fields and the addition of moving 7,000 CY of gravel. On September 10, 1990, Change Order No. 2 to the contract was administratively approved, increasing the contract by $1,925.80 due to the addition of a ten -inch valve to the water main extension and the addition of two four -inch water connections to provide water for proposed parking lot washing. On September 10, 1990, Change Order No. 3 to the contract was also administratively approved, increasing the contract by $988.00 due to the addition and repair of an existing ten -inch water main tee. On November 6, 1990 (M&C C-12595), the City Council approved Change Order No. 4, increasing the contract amount by $12,388.20 to a revised contract amount of $2,223,672.17. PROPOSED CHANGE ORDER NO. 5: After the flood of May 1990, the northernmost river access location was eroded to the point that the prepared construction plans were not applicable. Redesign of these facilities was performed by Carter and Burgess, Inc. through an amendment of their original consultant contract (M&C C-12412). The following items reflect changes due to the redesign to the construction contract. 1. Original plans had a total of 6110 LF of pile driving scheduled. Redesign reduced the footage to 4220 LF; the result is a decrease of 1890 LF at $13.90/LF (a deduction to Unit 6, Item 4, Wood Piles). Deduct $26,271.00 Minutes of City Council R-3 Page 144 145 TUESDAY, FEBRUARY 12, 1991 &C C-12727 'cont. 2. Add 326 LF of wood post with concrete footing at $13.90/LF (an addition to Unit 6, Item 3, Wood Piles). Add $ 4,531.40 3. Reduce wood decking by 84 SF at a price of $10.36/SF (a deduction to Unit 6, Item 5, Wood Decking). Deduct $ 870.24 4. Reduce rails and post by 112 LF at a price of $6.10/LF (a deduction to Unit 6, Item 6, Top Rail, Foot Rail and Vertical Post). Deduct $ 683.20 5. Reduce handrails by 54 LF at a price of $3.61/LF and add notching detail to all rails at lump sum cost of $1,546.00 (an addition to Unit 6, Item 7, Wood Handrail System). Add $ 1,351.06 6. Reduce WWM screen panels by 32 at a price of $43.79/each (a deduction from Unit 6, Item 8, WWM Screen Panels). Deduct $ 1,401.28 7. Add a wood retaining wall, 203 LF, at a price of $10.36/LF and additional 4"x10" bracing at a lump sum price of $1,024.00 (create a new pay item 10, Retaining Wall in Unit 6). Add $ 3,127.08 8. Reduce hydroseed mix "A" by 191 SY at a price of $5.04/SY and reduce vine planting by 1204 each at a price of $4.00/each (a deduction to Unit 7, Item 8, Planting at River Access Points). Deduct $ 5,778.64 9. Additional clearing and preparation is required due to relocation of northern river access points and pavilion at a lump sum cost of $3,956.00 (addition to Unit 6, Item 1, Site Demolition and Preparation). Add $ 3,956.00 10. Redesign of crushed stone path and steps will reduce total footage by 80 LF at a price of $10.82/LF. Change in materials from used railroad ties to a combination of pressure treated timbers and piling would cost an additional $3,670.00 (an addition to Unit 6, Item 9, Crushed Stone Path/ Steps). Add $ 2,804.40 11. Relocation of the northernmost pavilion would reduce concrete pad/patio area by 70 SY at a price of $23.60/SY (deduction to Unit 5, Item 2, Con crete Pad/Patio). Deduct $ 1,652.00 12. Reduce 18" seat wall length by 44 LF at a price of $41.04/LF (deduction to Unit 5, Item 3, 18" High Seat Wall). Deduct $ 1,805.76 13. Add 2.33 LF of 12" most strip at a cost of $5.70/LF (addition to Unit 5, Item 4, 12" Wide Concrete Mow Strip). Add $ 13.28 14. Add one cubic yard of crushed stone at table area at a cost of $34.20/CY (an addition to Unit 5, Item 5, 6" Crushed Stone Base). Add $ 34.20 15. Reduce concrete walls in and around northern pavilion by 175 SY at a cost of $20.52/SY (deduction to Unit 5, Item 6, Concrete Walks). Deduct $ 3,591.00 16. Add 36 SY of 8' wide concrete trails at a cost of $29.85/SY (an addition to Unit 3, Item 6, 8' Wide Concrete Trails). Add $ 1,074.60 17. Delays due to redesign of northern river access point and pavilion will cause additional cost of $19,481.00 to the contractor for remobilization of equipment, extended use of utilities and insurance, equipment rental and back ordering of materials (create a new pay item 11, Mobilization, Utilities and Insurance in Unit 6). Add $19,481.00 Change Order Items 1-17 reflect a net decrease of $5,680.10 due to the relocation and redesign of the northernmost improvements. After on-site inspection of existing conditions and review of construction plans, the following items are required to complete the programmed improvements. 18. Plans indicated a total of 7130 LF (structural and low pile wall) of pile work at the south river access point. Actual installation will Minutes of City Council R-3 Page 145 146 TUESDAY, FEBRUARY 12, 1991 M&C C-12727 cont. require 9240 LF which results in an overrun of 2110 LF at a price of $13.90/LF (an addition to Unit 6, Item 4, Wood Piles). Add $29,329.00 19. A change in concrete joint sealant specification (material and method) will require additional saw cutting, surface preparation and sealant type at a lump sum cost of $1,651.00 (an addition to Unit 1, Item 17, 5" Concrete Pavement). Add $ 1,651.00 20. Reconstruction of curb return at the intersection of road "C" and Gateway Park Drive will require an additional 25 LF of 7" curb and 18" gutter at a cost of $5.89/LF (an addition to Unit 1, Item 20, Curb and Gutter). Add $ 147.25 21. Additional clearing and earthwork must be performed to insure proper drainage beyond the outfall of the 54" RCP on the north side of East First Street at a lump sum cost of $7,936.50 (an addition to Unit 1, Item 1, Site Demolition and Preparation). Add $ 7,936.50 22. Add 16 CY of gabion blankets at the outfall of 54" RCP for erosion at a lump sum cost of $3,345.10 (an addition to Unit 1, Item 9, Gabions). Add $ 3,345.10 23. The double 54" RCP which crosses East First Street must be constructed during the weekend to minimize traffic interruption. Mobilization and overtime for utility crew was not specified in original contract documents. An additional cost of $6,540.40 will be required to perform construction during the weekend (an addition to Unit 1, Item 14, Double 54" Class III RCP). Add $ 6,540.40 24. To insure proper centering of spectator and seating capacity at the soccer field complex, it is desired to add an additional section of bleacher slab to the proposed slab between Fields 1 and 2. This will require 29 SY of brick pavers, 188 SY of concrete, reinstallation of one bench, extended conduit/wiring and saw cutting for light pole standard. This additional slab would cost an additional $6,571.00 (an addition to Unit 3, Item 4, Walks and Bleacher Slabs in Soccer Field Complex). Add $ 6,571.00 Total Proposed Change Order No. 5 49 840.15 Staff has reviewed this cost proposal and believes it to be fair and reasonable for the work to be performed. An additional sixty (60) calendar days would be required to perform the proposed change order. EFFECT OF PROPOSED CHANGE ORDER NO. 5: Original Contract Amount: $2,208,570.17 Approved Change Order No. 1: - 200.00 Approved Change Order No. 2: + 1,925.80 Approved Change Order No. 3: + 988.00 Approved Change Order No. 4: + 12,388.20 Proposed Change Order No. 5: + 49,840.15 Proposed New Contract Amount: 2,273,512.32 Approval of Proposed Change Order No. 5 would represent a net increase of 2.94% to the original contract amount. FINANCING: Minutes of City Council R-3 Page 146 Sufficient funds are available for transfer in the amount of $50,000.00 from Park and Recreation Fund GC05, Center No. 080050510110, Athletic Fields. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Park and Recreation Fund GC05, Center No. 080050410040, Gateway Park General Development. Expenditures will be made from Account No. 541200. M&C C-12727 adopted; It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12727, be adopted. M&C C-128 re There was presented Mayor and Council Communication No. C-12728 from the City contractract with Manager stating that the City Council approved a contract on December 5, 1989, by Mayor Schutts, Magee & and Council Communication No. C-12024 with Schutts, Magee & Riddle to provide the Riddle to provide necessary professional services for design of project on the Westside Police Sector the necessary pro- Renovations for a fee of $20,500.00; that, on October 9, 1990, by Mayor and Council fessional services Communication No. C-12551 the Cit Council a � Y approved a contract with E. Horn for design of pro- Construction, Inc., for construction of the project for $253,370.00; that, during fort on the West- construction, it was discovered that the heating and air-conditioning units were side Police Sector deteriorated and required replacement; that some redesign will be necessary in order to replace the units; that Schutts, Magee & Riddle has agreed to redesign the system for Minutes of City Council R-3 Page 146 `3 l TUESDAY, FEBRUARY 12, 1991 &C C-12728 cont. $680.00; that staff considers this proposal to be reasonable for the work involved; stating that funds are available in Public Safety Improvements Fund GC07, Center No. 020070115000, Account No. 531200; and recommending that the City Manager be authorized to execute Amendment No. 1 to City Secretary Contract No. 17617 with Schutts, Magee & Riddle for $680.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12729 re Proposed Change There was presented Mayor and Council Communication No. C-12729 from the City Order No. 1 for Manager, as follows: Westside Police Sector Headquarters SUBJECT: PROPOSED CHANGE ORDER NO. 1 FOR WESTSIDE POLICE SECTOR HEADQUARTERS (E. Horn Construc- (E. HORN CONSTRUCTION, INC.) tion, Inc. ) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. approve the transfer of funds as follows: FROM Capital Projects Reserve Fund GC10, Center No. 01301001000, Unspecified TO Public Safety Improvements . Fund GC07 Center No. 020070115000, Westside Police Sector Head- quarters AMOUNT $25,000.00 REASON To fund replacement of HVAC unit 2. approve Change Order No. 1 to City Secretary Contract No. 18130 with E. Horn Construction, Inc. in the amount of $44,143.00, increasing the total contract amount to $297,513.00 for the construction of the Westside Police Sector Headquarters. BACKGROUND: On December 5, 1989 (M&C C-12024), the City Council approved a contract with Shutts, Magee & Riddle to provide the necessary professional services for design of the Westside Police Sector Headquarters project for a fee of $20,500. On October 9, 1990 (M&C C-12551), the City Council approved a contract for construction of the Westside Police Sector Headquarters with E. Horn Construction, Inc. for the amount of $253,370. PROPOSED CHANGE ORDER NO. 1: Proposed Change Order No. 1 is required to: (a) Replace existing air conditioning and heating units. During the start-up of the existing units it was discovered that the 20 year old air handling units were no longer safe and serviceable. Due to the age and condition of this equipment, total replacement is necessary. ADD $39,873.00 (b) Add one (1) hollow metal frame and wood door to provide additional access to roll call area. ADD $ 1,354.00 (c) Miscellaneous minor revisions required by job conditions encountered during the remodeling process. ADD $ 2,916.00 Staff has reviewed this cost proposal and believes it to be fair and reasonable for the work to be performed. Change Order No. 1 results in a total increase to the contract of 17.4%. - EFFECT OF PROPOSED CHANGE ORDER NO. 1: Original Contract Amount: $253,370 Proposed Change Order No. 1: 44.143 Proposed New Contract Amount: $297,513 FINANCING: Sufficient funds are available for transfer from the Capital Projects Reserve Fund GC10, Center No. 013010001000, Unspecified Cash Balance, in the amount of $25,000. Upon approval and completion of Recommendation 1, sufficient funds will be available in Public Safety Improvements Fund GC07. Center No. 020070115000, Westside Police Sector Headquarters. The cash balance in Minutes of City Council R-3 Page 147 11 1 u TUESDAY, FEBRUARY 12, 1991 M&C C-12728 cont.II the Capital Projects Reserve Fund GC10, Center No. 000010001000, Unspecified, will be $303,056 after this transfer. Assistant City Assistant City' Manager Bob Terrell advised the City Council that previously the Manager Bob Terrel City Council had been informed that the existing air conditioning and heating units at re M&C C-12728 the Westside Police Sector Headquarters could be rehabilitated and that the unit would not have to be replaced based upon an appraisal by the Real Property Management Department, but, after further review of the units, it was discovered that they were no longer safe and serviceable and that replacement would be necessary. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12729 involving a business relationship with E. Horn Construction, Inc. Mayor Pro tempore Garrison made a motion, seconded by Council Member Webber, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12729. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger made a motion, seconded by Mayor Pro tempore Garrison, that the recommendations, as contained in Mayor and Council Communication No. C-12729, 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 Garrison; Council Members Zapata, Granger, McCray, Gilley, and Webber NOES: None ABSENT: Council Member Chappell NOT VOTING: Council Member Meadows M&C C-12730 re There was presented Mayor and Council Communication No. C-12730 from the City water and sanitary Manager submitting a tabulation of bids received for water and sanitary sewer main sewer main replace replacement in 6th Avenue and for reconstruction of 6th Avenue from Terrell Avenue to ment with Walt Pennsylvania Avenue; and recommending that the City Council: Williams Construc- tion 1. Authorize a bond fund transfer in the amount of $38,833.00* from Special Assessments Fund GS94, Center No. 013940099050, Special Assessments, Unspecified, to Street Improvements Fund GS67, Center No. 060770171790, Water Replacement, 6th Avenue; 2. Authorize a fund transfer in the amount of $3,000.00 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020, to Water Capital Improvement Fund PW53, Account No. 511010, Center No. 060530171790, Water Replacement, 6th Avenue (Inspection and Survey); 3. Authorize a fund transfer in the amount of $18,000.00** from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020, to Sewer Capital Improvement Fund PS58, Account No. 541200, Center No. 070580171320, Sewer Replacement, 6th Avenue; 4.' Authorize the City Manager to execute a construction contract with Larry H. Jackson Construction, Inc., for Water and Sanitary Sewer Main Replacement in 6th Avenue, based on the lowest responsive bid of $50,749.20; 5. Authorize the City Manager to approve the following bond fund transfer: FROM TO AMOUNT REASON GS67-020-67-0409010 GS67-020-67-0402260 $196,803.55 To provide funds Inner City Streets 6th Avenue, Terrell for street con - Unspecified to Pennsylvania struction plus Avenue possible change orders. 6. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., for Reconstruction of 6th Avenue, from Terrell Avenue to Pennsylvania Avenue, in the amount of $187,431.95, and 45 working days. *Includes ten percent of bid amount for possible change orders, as established by City Ordinance No. 10437. **Includes ten percent of bid amount for possible change orders, as established by City Ordinance No. 10437, plus $1,008.00 for inspection and survey. M&C, C-12730 It was the consensus of the City Council that the recommendations be adopted. adopted M&C 3 re There was presented Mayor and Council Communication No. FP -2773 from the City contractract for water Manager stating that the contract for water line replacement on Crenshaw Avenue from line replacement. on Crenshaw Avenue Bishop Street to Campbell Street has been completed in accordance with plans and from Bishop Street to Campbell Street Minutes of City Council R-3 Page 148 TUESDAY, FEBRUARY 12, 1991 &C FP -2773 cont. specifications under Contract No. 18141 awarded to J.D. Vickers, Inc., on October 16, 1990; and recommending that the City Council accept as complete the contract to J.D. Vickers, Inc., for water line replacement on Crenshaw Avenue from Bishop Street to Campbell Street and authorize final payment in the amount of $10,668.36 to J.D. Vickers, Inc., with funds available in Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670171510, and Contract Encumbrance No. 541200, Center No. 060670171510. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2774 re There was presented Mayor and Council Communication No. FP -2774 from the City contract for Manager stating that the contract for Sanitary Sewer Main 73 Replacement and Drainage sanitary sewer main Area Improvements have been completed in accordance with plans and specifications under 73 replacement and Contract No. 17751 awarded to L.D. Conatser Contractors on March 20, 1990; and drainage area im- recommending that the City Council accept as complete the contract with L.D. Conatser provements with L. Contractors for Sanitary Sewer Main 73 Replacement and Drainage Area Improvements and D. Conatser authorize final payment in the amount of $92,481.55 to L.D. Conatser Contractors, with funds available in Water Capital Improvement Fund PS46, Retainage Account No. 205001, Center No. 000460170010. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2775 re There was presented Mayor and Council Communication No. FP -2775 from the City contract for water Manager stating that the contract for water and sewer line replacement in Oleander and sewer line re- Street has been completed in accordance with plans and specifications under Contract placement in No. 17964 awarded to Circle C Construction on June 19, 1990; and recommending that the Oleander Street City Council accept as complete the contract for water and sewer line replacement in with Circle C Oleander Street and authorize final payment in the amount of $16,173.10 to Circle C Construction Construction Company, with funds available in Street Improvements Fund GS67, Retainage Account No. 205084, Center No. 000670171290, and Contract Encumbrance No. 17964, Center No. 020670171290 and Sewer Capital Improvement Fund PS58, Retainage Account No. 205000, Center No. 000580170920 and Contract Encumbrance No. 17964, Sewer Capital Improvement Fund PS58, Center No. 070580170920, Account No. 541200. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2776 re There was presented Mayor and Council Communication No. FP -2776 from the City contract for water Manager stating that the contract for water line replacement on Northwest 30th Street line replacement from Long Avenue to Kearney Avenue have been completed in accordance with plans and on Northwest 30th specifications under Contract No. 18189 awarded to J.D. Vickers, Inc., on October 13, Street from Long 1990; and recommending that the City Council accept as complete J.D. Vickers, Inc., for Avenue to Kearney water line replacement on Northwest 30th Street from Long Avenue to Kearney Avenue and Avenue with J.D. authorize final payment in the amount of $30,585.68 to J.D. Vickers, Inc., with funds Vickers, Inc. available in Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670171560, and Contract Encumbrance No. 541200, Center No. 060670171560. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2777 re There was presented Mayor and Council Communication No. FP -2777 from the City contract for water Manager stating that the contract for water line replacement in Terrell Avenue has been line replacement completed in accordance with plans and specifications under Contract No. 18114 awarded in Terrell'Avenue to J.D. Vickers, Inc., on October 2, 1990; and recommending that the City Council with J.D. Vickers, accept as complete the contract with J.D. Vickers, Inc., for water line replacement in Inc. Terrell Avenue and authorize final payment in the amount of $5,801.70 to J.D. Vickers, Inc., with funds available in Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670171570, and Contract Encumbrance No. 18114, Account No. 541200. Council Member Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. FP -2777 involving a water main replacement in Terrell Avenue. Council Member McCray made a motion, seconded by Council Member Zapata, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. FP -2777. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Gilley, that the recommendations, as contained in Mayor and Council Communication No. FP -2777, 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 Garrison; Council Members Zapata, Granger, McCray, Gilley, and Meadows NOES: None ABSENT: Council Member Chappell NOT VOTING: Council Member Webber Ms. Doris Bennett Ms. Doris Bennett, 4041 Stanley, appeared before the City Council and requested re Lone Star Gas that the City Council refuse Lone Star Gas rate increase whenever presented before rate increase Counci 1. Mr. Kemuel Elijah Mr. Kemuel Elijah, Post Office Box 16941, Lubbock, Texas, appeared before the City re Consider the Council and presented to the City Council a handout entitled "For You Who Consider the Poor Poor" and advised the City Council that there are people in West Texas who would like to help the homeless situation in Fort Worth. Minutes of City Council R-3 Page 149 150 TUESDAY, FEBRUARY 12, 1991 Zoning Hearing II It appearing to the City Council that Resolution No. 1697 was adopted by the City Council of the City of Fort Worth, Texas, on January 22, 1991, setting today as the date for hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011, and that due notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on January 28, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Alan Rubenstei re Z-91-006 Mr. Alan Rubenstein, representing the applicant, Oakland Associates Ltd., 10333 Richmond Avenue, Suite 300, Houston, Texas, appeared before the City Council and requested that the City Council give favorable consideration for the proposed change in zoning of property located in the 2600 block of Oakland Boulevard from "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial district and the sale of used furniture, provided that there is no outside display or storage of merchandise, with waiver of site plan recommended, Zoning Docket No. Z-91-006, and advised the City Council that the tenant (Remco) is already located at an existing location on Lancaster Avenue and that they would like to relocate the store to the proposed location on Oakland Boulevard. Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean, Chairman of the Meadowbrook Sector East District re Z-91-006 Zoning Committee, appeared before the City Council and expressed opposition to the application of Oakland Associates Ltd., for a change in zoning of property located in the 2600 block of Oakland Boulevard from "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District and the sale of used furniture, providing that there is no outside display or storage merchandise, with waiver of site plan recommended, Zoning Docket No. Z-91-006. Council Member Granger made a motion,, seconded by Council Member Gilley, that the application of Oakland Associates Ltd., for a change in zoning of property located in the 2600 block of Oakland Boulevard from "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District and the sale of used furniture, providing that there is no outside display or storage of merchandise, with waiver of site plan recommended, Zoning Docket No. Z-91-006, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Derek Berousek Mr. Derek Berousek, 2807 Race, representing the applicant, Day Care Association of re Z-91-008 Fort Worth and Tarrant County, for a change in zoning of property located at 2805 Plumwood Street from "E" Commercial and "I" Light Industrial to "I" Light Industrial, Zoning Docket No. Z-91-008, appeared before the City Council and requested that the City Council give favorable consideration and advised the City Council that the request for "I" Light Industrial was based upon future plans for the property and stated that the proposed zoning, in his opinion, is more compatible to the property located east of the Day Care Association. Mr. Joe Bi 1 ardi re Mr. Joe Bi 1 ardi , Director of the Development Department, appeared before the City Z-91-008 Council and advised the City Council that the applicant proposes to build the office headquarters at 2805 Plumwood Street and that "E" Commercial zoning will accommodate this usage. Council Member Granger made a motion, seconded by Council Member Gilley, that the application of Day Care Association of Fort Worth and Tarrant County for a change in zoning of property located at 2805 Plumwood Street from "E" Commercial and "I" Light Industrial to "I" Light Industrial, Zoning Docket No. Z-91-008, be amended to "E" Commercial. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore Garrison made a motion, seconded by Council Member Gilley, that the hearing be closed and that the recommended changes in zoning be approved, as follows: Z-91-001 !I Z-91-001 HILLWOOD DEVELOPMENT CORPORATION by H. Dennis Hopkins East of I.H. 35 and North and South of Eagle Parkway From "AR" Residential and "I" and "J" Light Industrial to "K" Heavy Industrial Z-91-002 Z-91-002 2306 PARK PLACE CORPORATION by Michael Ball 2306 Park Place From "C" Multi -Family to "C/HC" Multi-Family/Historic and Cultural Subdistrict Z -91-003(I Z-91-003 DR. & MRS. JOHN PAUL SCHWARTZ 2912 5th Avenue From "A" One -Family to "A/HC" One-Family/Historic and Cultural Subdistrict Z -91-004I) Z-91-004 HILLWOOD DEVELOPMENT CORPORATION by H. Dennis Hopkins 8010 Park Vista Boulevard From "E" Commercial to "CF" Community Facilities Z-91-006II Z-91-006 OAKLAND ASSOCIATES LTD. by Remco America, Inc. 2600 Block of Oakland Boulevard Minutes of City Council R-3 Page 150 15-1 Z-91-.006 cont. From "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District and the sale of used furniture. Provided that there is no outside display or storage of merchandise. Waiver of site plan recommended. Z-91-008 Z-91-008 DAY CARE ASSOCIATION OF FORT WORTH AND TARRANT COUNTY by James Adams 2805 Plumwood Street From "E" Commercial and "I" Light Industrial to "I" Light Industrial Introduced an Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10787 0787 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. Minutes of City Council R-3 Page 151 - That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. r. Bruce McClendon Mr. Bruce McClendon, Director of Planning Department, appeared before the City e sexually -Oriente Council and related the extensive research procedures followed by the Planning usine ss Department prior to the formulation of the sexually -oriented business section of the zoning ordinance and the follow-up measures prior to the formulation of this proposed amendment; referenced documents presented at previous hearings on the original ordinance dealing with sexually oriented businesses and his recent court disposition; referred to several studies of other cities with similar restrictions, and studies from the International City Management Association, American Society of Planning Officials, and American Planning Association of the affects of sexually -oriented businesses on the quality of life in a city and recent court decisions regarding such ordinances regulating sexually -oriented businesses; pointed out such factors as the effect of such businesses on the quality of life, findings of increased crime including personal, robbery, property and violence, and the decline of property values of adjacent businesses and residences; and presented the City Secretary with a copy of Adult Entertainment Study for the record to support the justification. r. Brent Dickey Mr. Brent Dickey, 3320 McLean, appeared before the City Council and requested that e ordinance amend- the City Council give favorable consideration to the ordinance text amendment by adding ent Adult Enter- a new Section 18B "Adult Entertainment Cabarets" to Appendix "A" of The Code of the ainment Cabarets City of Fort Worth; providing that no adult entertainment cabaret may be ocated within 1,000 feet of a church, school, park, residential lot, or another adult entertainment cabaret, or within 1,00 feet of a sexually -oriented business, Zoning Docket No. Z-91-009. r. Steve Swander Mr. Steve Swander, 315 Main, appeared before the City Council and expressed e Adult Entertain- opposition to the ordinance text amendment by adding a new Section 181, "Adult ent Cabarets Entertainment Cabarets" to Appendix "A" of The Code of the City of Fort Worth;y b providing that no adult entertainment cabaret mae located within 1,000 feet of a Minutes of City Council R-3 Page 151 1 Mr. Steve Swander church, school, park, residential lot, or another adult entertainment cabaret, or re Adult Entertai n within 1,000 feet of a sexual 1 men t cont. y -oriented business, Zoning Docket No. Z-91-009. There being no one else present desiring to be heard in connection with the ordinance text amendment change, Zoning Docket No. Z-91-009, by adding a new Section 18B, "Adult Entertainment Cabarets" to Appendix "A" of The Code of the City of Fort Worth; providing that no adult entertainment cabaret may be located within 1,000 feet of a church, school, park, residential lot, or another adult entertainment cabaret, or within 1,000 feet of a sexually -oriented business, Council Member Granger made a motion, seconded by Council Member Gilley, that the text amendment be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, , Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10788 10788 i AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH (APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH), BY ADDING A NEW SECTION 18B, "ADULT ENTERTAINMENT CABARETS"; PROVIDING FOR DEFINITIONS; REGULATING THE RELATIVE LOCATIONS OF ADULT ENTERTAINMENT CABARETS; PROVIDING THAT NO ADULT ENTERTAINMENT CABARET MAY BE LOCATED WITHIN 1,000 FEET OF A CHURCH, SCHOOL, PARK, RESIDENTIAL LOT, OR ANOTHER ADULT ENTERTAINMENT CABARET, OR WITHIN 1,000 FEET OF A SEXUALLY ORIENTED BUSINESS; PROVIDING FOR ADDITIONAL REGULATIONS FOR ADULT ENTERTAINMENT CABARETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 9, 1986, the City Council of the City of Fort Worth adopted Ordinance No. 9780, which was amended by Ordinance 9957 on September 15, 1987, and which ordinances regulate the relative locations of the operation of "sexually oriented businesses" in the City of Fort Worth, Texas; and WHEREAS, the City of Fort Worth wishes to enact an additional ordinance regulating the relative locations of "adult entertainment cabarets", as defined herein. In this ordinance the City of Fort Worth expressly states its intent not to discriminate in its application of this ordinance and furthermore expressly states that any distinction made in its definitions of specified anatomical areas and specified sexual activities are based upon the different physical characteristics between men and women and not merely because of gender; and WHEREAS, the City Council of the City of Fort Worth expressly states its intent to regulate the relative locations.of adult entertainment cabarets within the City for the purpose of promoting the overall health, safety, morals and general welfare of the citizens of and visitors to the City of Fort Worth, and further to establish reasonable and uniform regulations to prevent the adverse secondary effects that adult entertainment cabarets and other such sexually oriented businesses have on neighboring businesses and residential property, such as reduced property values, increased law enforcement problems and general deterioration of neighborhoods where they are located; and WHEREAS, the City Council of the City of Fort Worth now desires to enact this ordinance and specifically finds that all previous judicial findings made in support of Ordinances 9780 and 9957, including but not limited to the adverse secondary effects caused by sexually oriented businesses, and also the existence of sufficient alternate locations within the City of Fort Worth for these businesses, are applicable to this ordinance as well; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: . SECTION 2. Minutes of City Council R-3 Page 152 Ordinance No. 10788 cont. Met in closed or executive session Reconvened into regular session i.J3 TUESDAY, FEBRUARY 12, 1991 D. ENFORCEMENT. Any person violating the terms of this ordinance, upon conviction, shall be punished by a fine not to exceed Two Thousand Dollars ($2,000)'for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Council Member Gilley made a motion, seconded by Council Member Webber, that the recommendation of the City Zoning Commission for the denial without prejudice of the application of Henry Gentry for a change in zoning of property located at 413 and 417 East Ramsey Avenue from "B" Two -Family to "PD/SU" Planned Development/Specific Use for an amusement enterprise restricted to use by the immediate family and friends including reunions, birthday parties, anniversary celebrations and similar family uses, Zoning Docket No. Z-90-118, be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that City Council meet in closed or executive session to discuss the evaluation of the City Manager, City Secretary, City Auditor, and City Attorney, as authorized by Section 2(g), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with eight members present, and Council Member Chappell absent. Adjourned I) There being no further business, the meeti CITY SECRETARY Minutes of City Council R-3 Page 153