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HomeMy WebLinkAbout1991/04/09-Minutes-City CouncilCouncil Met Members present Invocation Pledge of Allegiance Minutes of March 26, and April 2, 1991 approved Senate Resolution No. 463 to Mayor Bolen Proclamation - Fair Housing Month Mr. Bob Nelson re TMUADS Award to Richard Sawey Withdrew M&C C-12797 from agenda Withdrew M&C G-909 and C-12802 from agenda CITY COUNCIL MEETING APRIL 9, 1991 On the 9th day of April, 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, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Danny Stewart, Central Christian Church. The Pledge of Allegiance was recited. On motion of Council Member Chappell, seconded by Council Member Meadows, the minutes of the meeting of March 26, 1991, and April 2, 1991, were approved. Ms. Judi Morton from the office of the Honorable Mike Moncrief presented Senate Resolution No. 463 to Mayor Bolen which was adopted by the Texas Senate in honor of Mayor Bolen's birthday. A proclamation for Fair Housing Month was presented. Mr. Bob Nelson presented the Texas Municipal Utilities Association's Distinguished Service Award to Mr. Richard Sawey, Water Department Director. Council Member Chappell requested that Mayor and Council Communication No. C-12797 be withdrawn from the consent agenda. Council Member Meadows requested that Mayor and Council Communication Nos. G-9098 and C-12802 be withdrawn from the consent agenda. Minutes of City Council R-3 Page 337 338 Withdrew M&C L- 10478 fron agenda Council Member Webber requested that Mayor and Council Communication No. L-10478 be withdrawn from the consent agenda. Withdrew M&C FP- 2802 from agenda -t. City Manager Ivory requested that Mayor and Council Communication No. FP -2802 be withdrawn from the consent agenda. Withdrew M&C FP- 2802 from agenda City Manager Ivory requested that Mayor and Council Communication No. FP -2802 be withdrawn from the agenda. Appt. Mr. Victor Puente alter-' Council Member Granger made a motion, seconded by Council Member Gilley, that as nate on the Mr. Victor Puente be appointed as her alternate to serve on the Charter Review Charter Review Committee. When the motion was put to a vote by the Mayor, it prevailed unanimously. Comm. Consent agenda On motion of Council Member Chappell, seconded by Council Member McCray, the approved consent agenda, as amended, was approved. Introduced a Resolution Council Member Gilley introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. 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, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1712 1712 WHEREAS, the 72nd Texas Legislature is in session and is currently considering measures to enhance revenues in order to meet the needs of the state, and WHEREAS, one of the measures being considered is the expansion of the sales tax base, and WHEREAS, the expansion of the sales tax base is currently being considered only with respect to that portion of the sales tax imposed by the state, and WHEREAS, the City of Fort Worth would support the expansion of the sales tax base to also include the sales tax dedicated for municipal purposes, and WHEREAS, expansion of the sales tax base which includes the sales tax dedicated for municipal purposes would generate revenues that are much needed by Fort Worth and cities statewide in order to meet the growing needs of the cities and their residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: that the Fort Worth City Council supports the expansion of the sales tax base to include both the sales tax dedicated to the state as well as that portion dedicated to municipal government and encourages the Legislature to adopt both the state and municipal portions of the sales tax in any legislation passed regarding the expansion of the sales tax base. Introduced a. Council Member Zapata introduced a resolution and made a motion that it be adopted. Resolution 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, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1713 1713 WHEREAS, the City of Fort Worth wishes to encourage the development of a proposed retail center at Highway 199 and Interstate Loop 820; and WHEREAS, the proposed development is partially within the corporate limits of the City of Fort Worth, and partially within the corporate limits of the City of Lake Worth; and Minutes of City Council R-3 Page 338 TUESDAY. APRIL 9, 1991 Resolution No. WHEREAS, the City of Fort Worth recognizes the mutual benefits to be 1713 cont. derived by both cities by the development of said retail center; and WHEREAS, the City of Lake Worth has expressed concerns about the impact on certain infrastructure in their community which may be affected by the development; and WHEREAS, the City of Fort Worth wishes to address and satisfy the concerns of the City of Lake Worth regarding infrastructure capacities and improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That subject to the execution of a satisfactory Community Facilities Agreement by developer of said site, the City of Fort Worth will provide necessary sanitary sewer service to said site pursuant to an interlocal agreement with the City of Lake Worth for the prorata operating cost of the Lake Worth lift station; 2. That the City of Fort Worth will work with the developer and the City of Lake Worth to address the current drainage problem at Comanche Trail, including the installation of an appropriate culvert to adequately drain flows from an acceptable storm level to be determined with input from engineers of both cities. While this drainage problem is not directly related to the proposed development, a cost effective solution will be agreed upon between the City of Fort Worth and the developer; 3. That as engineering plans are developed following the approval of a preliminary plat for the proposed development, the expression of any further engineering concerns will be addressed by the City Engineer of the City of Fort Worth, in cooperation with the developer and the City Engineer of the City of Lake Worth. City Attorney City Attorney Adkins, representing Council Member Meadows, appeared before the Adkins re Mr. Joe City Council and advised the Council that Mr. Joe Cameron's complaint filed against Cameron's complaini Council Member Bill Meadows with the Ethics Review Committee involved whether or not Council Member Meadows was disqualified from voting in October 1990 concerning the contract for privatization of the Fort Worth Zoo; that Council Member Meadows had consulted Mr. Adkins, and he advised Council Member Meadows that he could vote on the matter; that, subsequently, Mr. Cameron filed the complaint with the Ethics Review Committee alleging that Mr. Meadows had a substantial interest in the matter and should have disqualified himself and that, therefore, there was a violation of the Code of Ethics; that, under the ordinance, if the City Attorney has rendered an opinion upon which a City official took action concerning a matter involving the Code of Ethics ordinance, the City Attorney was disqualified from advising the Ethics Review Committee or City Council and was required to step aside; that Mr. Tom Law was appointed to advise the Committee and is present today if the City Council wishes to question him; that, in addition, Ms. Melinda Vance, Chairperson of the Ethics Review Committee, is present and available for questioning and Mr. Joe Cameron is present; that the City Council has been provided with a letter dated March 18, 1991, from the City Secretary with attached appeal letters, filed by Mr. Cameron and the provision of the Code of Ethics ordinance that deals with appeals; that this provision states that the party that desires to appeal to the City Council must file his written appeal stating sufficient facts to show the Ethics Review Committee was prejudiced in its deliberation; that new evidence is available which was not considered by the Committee; or that the Committee committed some errors in its deliberation; that the City Council might wish to set time limits on the statements concerning Mr. Cameron's appeal; and that the ordinance states the City Council will hear a statement from the party who is seeking to appeal as well as a statement from the party against which the complaint was filed. Mr. Tom Law re Mr. Tom Law, 3200 TEAM Bank Building, Legal Advisor for the Ethics Review Council Member Committee, appeared before the City Council and advised the City Council that the Bill Meadows purpose of today's appeal hearing is to decide if the City Council wishes to dismiss the appeal, have an evidentiary hearing, or whether the City Council wishes to appoint a hearing officer who would conduct the hearing; that, if the City Council desires to proceed, there will be a de novo hearing; and that there are three grounds for appeal, one of which has not been put forward whereby Mr. Cameron would have had to enter into the record the possibility of new evidence that was not available to the Committee; the other two grounds that Mr. Cameron did put forward were (1) that the Committee was prejudiced in its deliberations and (2) that there was some error in its deliberations. Council Member Chappell made a motion, seconded by Council Member Granger, that a five minute time limitation be imposed for testimony from Mr. Joe Cameron, City Attorney Adkins, or Council Member Meadows. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Joe Cameron re Mr. Joe Cameron, 4605 Applewood, appeared before the City Council and stated that, E thiss Review on in his opinion, City Attorney Adkins has a conflict of interest in the entire situation Council Member Bill and stated that, first of all, he wanted to know if his complaint was insufficient or Meadows Minutes of City Council R-3 Page 339 UESUOY-4PUL.. Mr. Joe Cameron's adequate or defective; that Mr. Adkins could not answer the question under the Code statement cont. that we have, stating that he is prohibited; that, secondly, he asked for a preliminary hearing and was given a final hearing; stating that Mr. Adkins gave testimony in the preliminary hearing and, in accordance with his understanding of the Code, he is not allowed to do so and stated that, only after the complaint has been defined as being sufficient, is testimony supposed to be entered into a preliminary hearing; that, at no time during the hearing did anyone tell him, Mr. Cameron, that his complaint was insufficient; that the Ethics Review Committee was prejudiced and entered into discussion items that had no priority in being there and stated that there were only two conditions necessary to be addressed, that being whether or not the complaint was defective or did it not show reasonable grounds that a violation did occur. Council Member Zapata made a motion, seconded by Council Member Chappell, that Mr. Joe Cameron be granted an additional three minutes for testimony. When the motion was put to a vote by the Mayor, it prevailed unanimously. City Attorney City Attorney Adkins advised the City Council on behalf of Mr. Meadows that the Adkins re Ethics Advisory Committee in its deliberation on the complaint filed by Mr. Cameron Ethics Review decided that Kelly, Hart and Hallman was not a business entity involved in a decision hearing that was pending before the City Council with regard to the item that Mr. Meadows voted on; and that the Ethics Review Committee had determined, based on Mr. Cameron's allegations, that Mr..Cameron's complaint did not allege reasonable grounds to believe that the Code of Ethics had been violated., Ms. Melinda Vance Ms. Melinda Vance, Chairperson of the Ethics Review Committee, 3901 Mockingbird re Ethices Review Lane, appeared before the City Council and advised the City Council that the decision hearing of the Ethics Review Committee regarding Mr. Cameron's complaint filed against Council Member Meadows was unanimous. M&C OCS-264 re Claims Euro American Motorcars (Jim Silva) Lisa mastin Morrow aniel Anderson amela Michelle uncan urmia Nealy Council Member Meadows advised the City Council that he has been advised by the City Attorney that he is disqualified from voting on the matter of the appeal by Mr. Joe Cameron.., Council Member Gilley made a motion, seconded by Council Member Chappell, that the City Council finds that there is no basis for scheduling an evidentiary hearing on Mr. Cameron's complaint and that Mr. Cameron's appeal is denied in its entirety. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented OCS-264 from the Office of the City Secretary submitting notices of claims for alleged damages and/or injuries, as follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 5. Claimant: Date Received: Date of Incident: Euro -American Motorcars (Jim Silva) March 28, 1991 March 12, 1991 400 block of Virginian $2,000.00 Claimant alleges damages sustained to vehicle as a result of accident involving City -owned vehicle (Police). Lisa Mastin Morrow March 29, 1991 March 7, 1991 Old Granbury Road and Carolyn Street $281.72 - $443.84 Claimant alleges damages to vehicle as result of road conditions. Daniel Anderson April 1, 1991 January 5, 1991 800 Ash Crescent Street $80.00 Claimant alleges damages sustained to vehicle as result of police action. Tamela Michelle Duncan April 1, 1991 January 15, 1991 North Beach and 121 Access Road $106.81 Claimant alleges damages to vehicle as result of vehicle hitting a ditch. Furmia Nealy April 1, 1991 January 7, 1991 Minutes of City Council R-3 Page 340 311 Furmia Nealy claim cont. Location of Incident: Handley-Meadowbrook Gym Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as result of a fall. Walter and Sharon Jones 6. Claimant: Walter and Sharon Jones Date Received: April 2, 1991 Date of Incident: Undeclared Location of Incident: Ederville and Warren Lane Estimate of Damages/ Injuries: $100.00 - $150.00 Nature of Incident: Claimant alleges damages sustained to property as result of heavy truck traffic. Crystal Noel 7. Claimant: Crystal Noel Cauley Ca uley Date Received: April 3, 1991 Date of Incident: Undeclared Location of Incident: Hulen Bend Boulevard Estimate of Damages/ Injuries: $2,000.00 Nature of Incident: Claimant alleges damages and injuries sustained as the result of .accident allegedly caused by road conditions. Willie F. Smith 8. Claimant: Willie F. Smith Date Received: April 3, 1991 Date of Incident: March 4, 1991 Location of Incident: 952 East Jessamine Estimate of Damages/ Injuries: $196.50 Nature of Incident: Claimant alleges damages sustained as the result of stopped -up water lines. M&C OCS-264 adopteil It was the consensus of the City Council that the notices of claims for alleged damages and/or injuries be referred to the Risk Management Department. M&C OCS-265 re There was presented OCS-265 from the office of the City Secretary submitting to Correspondence the City Council correspondence received from Mr. Michael Treis, 5466 Roselane East, from Mr. Michael expressing opposition to the City Council's alleged removal or discouragement of Treis removal or various forms of entertainment in the City. It was the consensus of the City Council discouragement of that the correspondence be referred to the office of the City Manager. various forms of entertainment It appearing to the City Council that a hearing has been set for today for the Benefit Hearing assessment paving of Exeter Street from Vickery Boulevard to East Terrell Avenue and that notice of the hearingi has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on March 15, 18, and 19, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. Council Member Granger excused herself from the City Council table at this time. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re BH -0049 Works, appeared before the City Council and introduced into evidence Mayor and Council Communication No. BH -0049, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EXETER STREET FROM VICKERY BOULEVARD TO E. TERRELL AVENUE (PROJECT NO. 67-040245) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Exeter Street from Vickery Boulevard to E. Terrell Avenue. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Exeter Street from Vickery Boulevard to E. Terrell Avenue. The existing street consists of HMAC pavement in poor condition with some curb and gutter. It is in the Near Southeast Target Area and has never previously been constructed to City standards. Community Development Block Grant funds will provide a portion of the construction cost. In accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. On March 14, 1991 (M&C G-9067), the City Council established April 9, 1991, as the date of the benefit hearing. Notices have been given in accordance with Article 11O5b, Vernon's Annotated Civil Statutes. Minutes of City Council R-3 Page 341 TUESDAY, APRIL 9, 1991 BH -0049 cont. II The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Exeter Street by constructing a standard concrete pavement section with curb over a lime stabilized subgrade. The finished roadway will be thirty feet wide on a fifty foot right-of-way. Standard driveway approaches and sidewalks will be constructed where specified on the plans. ASSESSMENTS: An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $9,791.10 (8%) for the property owners and $107,908.90 (92%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. UNUSUAL SITUATION: The property at the southeast corner of Vickery and Exeter (Lot 1, Block 16, Glenwood Addition) is an irregularly-shaped lot with very shallow depth at the south end. Should Council desire to make any adjustment to the assessment in recognition of this fact, staff would recommend that only the northern 100 feet be assessed, reducing the assessment from $4,991.10 to $3,930.00. Mrs. Lunday advised the City Council that the report of Mr. Robert Martin, independent appraiser, previously has been furnished to the City Council; that Mr. Martin's report states he has determined that the subject parcel experience a special benefit and that that special benefit is quantified in his summary of enhanced values; and that Mr. Martin is available for questioning. Mr. Haddon Herter Mr. Haddon Hertel, Rt. 8, Box 649, owner of Lot 1, Block 16, Glenwood Addition, re BH -0049 which property is adjacent to Exeter Street from Vickery Boulevard to East Terrell Avenue, appeared before the City Council and expressed opposition to the assessment paving of Exeter Street from Vickery Boulevard to East Terrell Avenue and presented the City Council with a petition of owners being assessed on this project protesting the construction of Exeter Street. There being no one else present desiring to be heard in connection with the assessment paving of Exeter Street from Vickery Boulevard to East Terrell Avenue, Council Member Webber made a motion, seconded by Council Member McCray, that the assessment paving of Exeter Street from Vickery Boulevard to East Terrell Avenue be approved as recommended, with the exception that the assessment against Lot 1, Block 16, Glenwood Addition be set at $3,930.00. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re BH -0049 appeared before the City Council and advised the City Council that the entrance to Exeter Street is limited as a result of the construction of East Hattie and advised the City Council that a concrete base is as equitable as an asphalt base and that a concrete pavement would last for a longer period of time. When the motion, that the assessment paving of Exeter Street from Vickery Boulevard to East Terrell Avenue be approved as recommended, with the exception that the assessment against Lot 1, Block 16, Glenwood Addition, be set at $3,930.00., was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Webber introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. 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, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Minutes of City Council R-3 Page 342 3-13 TUESDAY, APRIL 9, 1991 Ordinance No. ORDINANCE NO. 10817 10 817 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EXETER STREET, FROM VICKERY BOULEVARD TO E. TERRELL AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-9097 re There was presented Mayor and Council Communication No. G-9097 from the City amending Chapter 20 Manager proposing an amendment to Chapters 20 and 21 of the Code of the City of Fort and 21 of the Code Worth deleting Public Health fee amounts from the City Code and authorizing the of the City of establishment of fee amounts by the Mayor and Council Communication process; Fort Worth transmitting to the City Council a schedule of fees proposed for adoption; and recommending that an ordinance be adopted removing references to specific amounts of fees charged by the Public Health Department from the Code of the City of Fort Worth, Texas, in Chapters 5, 20, and 21, and providing that amounts of such fees will be established by the City Council in a Mayor and Council Communication and that a schedule of fees be adopted for permits and licenses authorized for Chapters 20 and 21 of the Code of the City of Fort Worth, as follows: SCHEDULE OF FEES FOR PERMITS AND LICENSES OF THE FORT WORTH PUBLIC HEALTH DEPARTMENT ESTABLISHED BY CITY COUNCIL PUSHCART PERMITS Annual permit fee per pushcart or per first pushcart operated by any person $150.00 Annual permit fee for each additional pushcart operated by any person $ 50.00 MOBILE HOME PARK LICENSES License fee consists of: $50.00 fee plus $1.00 for each mobile home space in the mobile home park License transfer fee $ 25.00 RECREATIONAL VEHICLE PARKS LICENSES Permit application fee to building official for construction permit $ 50.00 License fee consists of: $50.00 fee plus $1.00 for each recreational vehicle space in the recreational vehicle park. M&C G-9097 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council R-3 Page 343 was presented Mayor and Council Communication No. G-9096 from the City M&C G-9096 reThere Manager stating that the Board of Directors of the Fort Worth Zoological Association is Fort Worth Zoo- requesting the use of a portion of the Fort Worth Zoo near the main entrance for a logical Associa- benefit ball on Saturday, May 18, 1991, to raise funds for the Zoo, and for a tion children's fund raising event on Sunday, May 19, 1991; that, under the existing City Secretary Contract No. 16138, the Fort Worth Zoological Association indemnifies the City of Fort Worth and provides public liability insurance and all fees for the use of the Zoo for the Zoo Ball have been waived in previous years; and recommending that the use of the Fort Worth Zoo by the Fort Worth Zoological Association on the evenings of May 18 and 19, 1991, for a fund raising ball and a fund raising children's party be approved and that all fees for use of the zoo for these two fund raising events be waived. It was the consensus of the City Council that the recommendation be adopted. M&C G-9097 re There was presented Mayor and Council Communication No. G-9097 from the City amending Chapter 20 Manager proposing an amendment to Chapters 20 and 21 of the Code of the City of Fort and 21 of the Code Worth deleting Public Health fee amounts from the City Code and authorizing the of the City of establishment of fee amounts by the Mayor and Council Communication process; Fort Worth transmitting to the City Council a schedule of fees proposed for adoption; and recommending that an ordinance be adopted removing references to specific amounts of fees charged by the Public Health Department from the Code of the City of Fort Worth, Texas, in Chapters 5, 20, and 21, and providing that amounts of such fees will be established by the City Council in a Mayor and Council Communication and that a schedule of fees be adopted for permits and licenses authorized for Chapters 20 and 21 of the Code of the City of Fort Worth, as follows: SCHEDULE OF FEES FOR PERMITS AND LICENSES OF THE FORT WORTH PUBLIC HEALTH DEPARTMENT ESTABLISHED BY CITY COUNCIL PUSHCART PERMITS Annual permit fee per pushcart or per first pushcart operated by any person $150.00 Annual permit fee for each additional pushcart operated by any person $ 50.00 MOBILE HOME PARK LICENSES License fee consists of: $50.00 fee plus $1.00 for each mobile home space in the mobile home park License transfer fee $ 25.00 RECREATIONAL VEHICLE PARKS LICENSES Permit application fee to building official for construction permit $ 50.00 License fee consists of: $50.00 fee plus $1.00 for each recreational vehicle space in the recreational vehicle park. M&C G-9097 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council R-3 Page 343 344 din aijc a ;1o. AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10818 0818 AN ORDINANCE AMENDING CHAPTER 20, 'LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS', AND CHAPTER 21, "MOBILE HOME AND RECREATIONAL VEHICLE PARKS', OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING ARTICLE IV, SUBSECTION 20-164(8) OF CHAPTER 20; ARTICLE II, SECTION 21-54, OF CHAPTER 21; ARTICLE II, SECTION 21-55, OF CHAPTER 21, ARTICLE III, SECTION 21-144, OF CHAPTER 21; AND ARTICLE III, SECTION 21-164 OF CHAPTER 21 THEREOF, TO PROVIDE THAT FEES FOR PERMITS AUTHORIZED PURSUANT TO THESE SECTIONS SHALL BE IN AN AMOUNT ESTABLISHED BY CITY COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. This ordinance shall be in full force and effect from and after the date of its passage and publication, and it is so ordained. &C G-9098 re There was presented Mayor and Council Communication No. G-9098 from the City undi ng revisions Manager, as follows: or repairs SUBJECT: FUNDING REVISIONS FOR REPAIRS TO WRMC COLISEUM ROOF RECOMMENDATION: It is recommended that the City Council: j1. Accept $80,750 the City recovered from its Fire and Extended Coverage insurance carrier for the insured loss to the WRMC Coliseum caused by hail damage on April 5, 1990 in Specially Funded Capital Projects Fund, GC35, Center No. 020015001000, Repairs to WRMC Coliseum Roof; 2. Adopt the attached appropriation ordinance increasing appropriations and estimated receipts by $80,750 in Specially Funded Capital Projects Fund, GC35, Center No. 020015001000, Repairs to WRMC Coliseum Roof, from increased revenue; 3. Approve the transfer of $100,000 from Insurance Fund FE71, Center No. 0157140, Self Insurance Premiums, to Specially Funded Capital Projects Fund, GC35, Center No. 020015001000, Repairs to WRMC Coliseum Roof; and 4. Approve the transfer of $116,250 from Capital Projects Reserve Fund GC10, Center No. 013010001000, Unspecified, to Specially Funded Capital Projects Fund GC35, Center No. 020015001000, Repairs to WRMC Coliseum Roof. DISCUSSION: In M&C P-4785, March 5, 1991, the purchase of labor and materials to provide roof repairs from Franklin's Corporation was approved. This was based on $255,000 plus $22,000 Addendum Price and $8.75 per foot for replacement of metal deck and expansion joints. Total cost of the project will not exceed $297,000. As stated in M&C P-4785, the Transportation and Public Works Department requested that bids be solicited for the Will Rogers Memorial Coliseum roof. This roof suffered hail damage during a thunderstorm in April, 1990. The roof is leaking which has caused water damage to the interior. Insurance coverage of the building requires the first $100,000 in repairs to be paid by the City. The insurer carrier has not agreed to pay for the entire balance of the repairs. The City has, to date, recovered only $80,750 from its insurance carrier. This recovery is based on the low bid from an earlier bid process that was determined to be flawed and unacceptable. M&C P-4785 stated that City staff would continue to negotiate with the insurance provider to achieve the maximum settlement. Subsequent negotiation attempts have been undertaken, but have been fruitless. It is necessary, therefore, for the balance of the project's funding to be provided by the Capital Projects Reserve Fund. In order to prevent more extensive damage to this important Minutes of City Council R-3 Page 344 M&C G-9098 cont.II facility, Franklin's Corporation has been directed to commence the repair work. FINANCING: Sufficient funds are available for transfer from Insurance Fund FE71, Center No. 0157140, Self Insurance Premiums ($100,000), and Capital Projects Reserve Fund GC109 Center No. 013010001000, Unspecified ($116,250), to Specially Funded Capital Projects Fund, GC35, Center No. 020015001000, Repairs to WRMC Coliseum Roof. Upon approval and completion of Recommendations No. 1 through 4 above, sufficient funds ($297,000) will be available in Specially Funded Capital Fund GC359 Center No. 020015001000, Repairs to WRMC Coliseum Roof, for roof repairs. Expenditures will be made from Account No. 541200. The cash balance in the Capital Projects Reserve Fund GC10, Center No. 013010001000, Unspecified, will be $496,305 after this transfer. Ms. Susan Bulla re Ms. Susan Bulla, Director of the Risk Management Department, appeared before the M&C G-9098 City Council and advised the City Council that the acceptance of $80,750.00 recovered from its fire and extended coverage insurance carrier for the insured loss to the Will Rogers Memorial Coliseum would not be waiving any of the rights the City of Fort Worth has and advised Council that the carrier is Royal. Council Member Meadows made'a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. G-9098, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. 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, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10819 10819 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND, GC35, REPAIRS TO WILL ROGERS MEMORIAL COLISEUM ROOF, CENTER NO. 020015001000 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $80,750.00 AND APPROPRIATING SAID $80,750.00 TO THE SPECIALLY FUNDED CAPITAL PROJECTS FUND, GC35, REPAIRS TO WILL ROGERS MEMORIAL COLISEUM, CENTER NO. 020015001000, SAID FUNDS TO BE USED FOR THE PURPOSE OF REPAIRS TO WILL ROGERS MEMORIAL COLISEUM; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. Minutes of City Council R-3 Page 345 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9099 re There was presented Mayor and Council Communication No. G-9099 from the City decreasing posi- Manager stating that, since the adoption of the 1990-91 budget, the Fire Department has tions in the Fire reassessed its staffing needs in various ranks relative to the overall staffing of 685 Department Civil Service employees and has found that more effective and efficient operations would be achieved if the department were staffed with 332 firefighters instead of the authorized strength of 327, 156 engineers instead of 160, and 98 lieutenants instead of 99; and recommending that an ordinance be adopted immediately decreasing the total number of authorized Fire Lieutenant positions from 99 to 98, the total number of authorized Fire Engineer positions from 165 to 160, and that an intent be expressed to delete 4 additional Engineer positions and add 5 Firefighter positions. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. 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, McCray, Gilley, Meadows, Webber, and Chappell NOES: None Minutes of City Council R-3 Page 345 31 TUESDAY, APRIL 9, 1991 ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10820 10820 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE FIRE DEPARTMENT; DELETING ONE LIEUTENANT POSITION AND FIVE ENGINEER POSITIONS FROM THE TOTAL AUTHORIZED PERSONNEL CLASSIFICATIONS; PROVIDING THE STATEMENT OF INTENT TO DELETE FOUR MORE ENGINEER POSITIONS FROM THE TOTAL AUTHORIZED PERSONNEL AT A LATER DATE; PROVIDING THE STATEMENT OF INTENT TO ADD FIVE ADDITIONAL FIREFIGHTER POSITIONS TO OFFSET THE SAID DELETION OF FIVE OF THE ENGINEER POSITIONS AS THEY OCCUR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; 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 its passage, and it is so ordained. M&C G-9100 re There was presented Mayor and Council Communication No. G-9100 from the City rental rates for Manager as follows: Cowtown Coliseum ' SUBJECT: COWTOWN COLISEUM - RENTAL RATES AND ADMISSION FEES RECOMMENDATION: It is recommended that the City Council: 1. Reaffirm the current rental rates for the Cowtown Coliseum (A/K/A Northside Coliseum) and the adjacent outdoor facilities; and 2. Approve the implementation of the admissions fee for certain specialized activities, as outlined below. nTCriKgTnN- In March of 1988, following the cancellation of the lease agreement with Stockyards '85, the City assumed responsibility for the operation and management of the Cowtown Coliseum. At that time it was decided that the objective of Coliseum use would be to provide active demonstrations of western heritage events in order to promote tourism and activity in the Stockyards. Consequently, events were planned during the daytime hours that were free to the public, based on the assumption that once tourists visited the Stockyards they would spend money with merchants in the area. To a large extent, the above objective has been accomplished. One of the major activities in the Stockyards is the weekly rodeo sponsored by Cowtown Coliseum, Inc., that is held on Saturdays from April through September of each year. During the rodeo, the sponsors charge an admission fee and the City receives a rental fee and concession revenues. In addition to the rodeo, certain organized activities such as Team Roping, Barrel Racing, Team Penning and Bull Riding School are held in the Coliseum during the daytime, evenings and on weekends. There is currently no admission fee associated with these activities. In order to defray a portion of the operating costs, it is proposed that an admission fee schedule be implemented. Proposed Admission Fees It is proposed that the following admission fee schedule be implemented effective May 1, 1991: Daytime admission during times of no activity Free Daytime admission during organized activities $1.00 Weekday evenings/weekend activities $2.00 Children under 12, accompanied by adult Free It is staff's opinion that the implementation of this fee schedule will have little, if any, negative impact on the objective of attracting tourists to the Stockyards, while at the same time increasing revenues from the Minutes of City Council R-3 Page 346 M&C G-9100 cont. Coliseum's operation. This proposed fee schedule has been discussed with organizations and merchants in the Stockyards area. Rental Rates On June 7, 1988 (M&C G-7601) the City Council approved preliminary rental rates for the Cowtown Coliseum. It is recommended that the City Council reaffirm the rental rates outlined below: 1. Primetime Rates For The Coliseum (Friday Night, Saturday and Sunday) For -Profit Group $750 or 10% of gross ticket sales, whichever is greater Non -Profit Group $500 or 10% of ticket sales, whichever is greater; $600 if there are no ticket sales 2. Non -Primetime Rates For The Coliseum Weekday or week night, Monday through Thursday) For Profit Group $250 or 10% of ticket sales, whichever is greater Non -Profit Group $100 or revenue rate based on the number of contestants, whichever is greater; $100 if there are no ticket sales 3. Outdoor Arena Prime Time For Profit Group $100 Non -Profit Group $ 50 Non -Prime Time For Profit Group $ 50 Non -Profit Group $ 50 4. Gazebo and Rodeo Plaza Primetime $500 Non -Primetime $200 5. General A. All food and beverage services are handled through the City's vendor with the City receiving 25% on gross food sales and 28% on beer and liquor sales. B. When concessions are sold in the Gazebo and/or Rodeo Plaza by anyone other than the City's vendor, the City shall receive 25% on gross food sales and 28% on beer and liquor sales. C. Lessee shall provide at its expense insurance, security, stagehand(s) and box office, door and usher personnel. FINANCING: No funding will be required. Council Member Gilley made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. G-9100 be approved, as amended, by changing the $600.00 amount for non-profit group under Prime Time Rates for the Coliseum Friday Night, Saturday and Sunday to $500.00, if there are not tickets so d, rather than $600.00. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9101 re There was presented Mayor and Council Communication No. G-9101 from the City transfer of Manager stating that an agreement with the City of Arlington was approved on May 5, funds 1988, by Mayor and Council Communication No. C-10955 for the cost sharing of design and construction of various elements of Green Oaks Boulevard from Meadowbrook Boulevard to U.S. Highway 80; that the State Department of Highways and Public Transportation's Minute Order No. 87510, which authorized Green Oaks Boulevard from Meadowbrook Boulevard to U.S. Highway 80 as a principal arterial street system project, was approved on October 11, 1988, by Mayor and Council Communication No. G-7772, which Minute Order provided for $6,143,000.00 from the 1988-1992 Urban System/Principal Arterial Street System program; that Minute Order Nos. 87505 and 87503 for Trinity Boulevard and Cooks Lane, respectively, with a total PASS allocation of $12,531,000.00 were approved in October 1988; that, although the costs of the project have not been determined accurately at this time, preliminary estimates indicate a shortage of up to $11,100,000.00 and, in order to facilitate the timely construction of Green Oaks, staff recommends that a portion of the allocated PASS funds be transferred from Trinity Boulevard and Cooks Lane; and recommending that the State Highways and Public Transportation Commission be requested to transfer up to $8,500.000.00 previously Minutes of City Council R-3 Page 347 31S M&C G-9101 cont. allocated to Trinity Boulevard, from west of Arlington -Bedford Road to F.M. 157, and up to $2,600,000.00 previously allocated to Cooks Lane, from Brentwood Stair Road to Green Oaks Boulevard, to the Green Oaks Boulevard PASS project (State Minute Order No. 87510). On motion of Council Member Zapata, seconded by Council Member Gilley, the recommendation was adopted. M&C G-9102 re There was presented Mayor and Council Communication No. G-9102 from the City encroachment agree Manager stating that City staff has been in discussion with representatives from men t Tarrant County since June 1990 concerning construction of a parking facility adjacent to the Police Administration parking garage; that access to the new facility is limited due to the green space development adjacent to Heritage Park and the existing garage; that the proposed encroachment agreement allows the entrance to the new facility to be constructed beneath the Police Administration garage and for an aerial encroachment into the right-of-way of Franklin Street (which is presently utilized as open space); and recommending that the City Manager be authorized to execute an encroachment agreement with Tarrant County for construction of the Tarrant County parking garage. It was the consensus of the City Council that the recommendation be adopted. M&C P-4859 re There was presented Mayor and Council Communication No. P-4859 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for inlet for inlet lids and lids and rings for the Transportation and Public Works Department; stating that rings budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that a one-year purchase agreement be authorized with Brooks Products on its low bid of unit prices of $15.40 each for lids and $39.20 each for rings and with the agreement to begin April 9, 1991, and end April 8, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C P-4860 re There was presented Mayor and Council Communication No. P-4860 from the City purchase agreement Manager recommending that the option for renewal of the purchase agreement with Labor with Laobor Force Force for temporary labor for all City departments be authorized on its low bid of $5.34 per hour rate net, f.o.b. Fort Worth for the period from April 9, 1991, through April 8, 1992, for all City departments, with budgeted funds being sufficient to cover the anticipated expenditure. It was the consensus of the City Council that the recommendation be adopted. M&C P-4861 re There was presented Mayor and Council Communication No. P-4861 from the City purchase agreement Manager submitting a tabulation of bids received for sand and cement mix for various with Allen Con-: City departments; stating that budgeted funds are sufficient to cover the anticipated struction Supply expenditures; and recommending that a purchase agreement be authorized with Allen Construction Supply to supply bagged sand and cement mix for the various City departments on its low bid of $1.94 per bag, f.o.b. destination, for the period beginning May 15, 1991, and ending May 14, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C P-4862 re purchase agreement P-4862 from the Cit There was presented Mayor and Council Communication No. y with Barry's Camero Manager recommending that the renewal option for the purchase agreement with Barry's Camera, Commercial Sales, for polaroid film for all City departments be exercised for the period beginning April 9, 1991, and expiring April 9, 1992, with budgeted funds being sufficient to cover anticipated expenditures. It was the consensus of the City Council that the recommendation be adopted. M&C P-4863 re There was presented Mayor and Council Communication No. P-4863 from the City purchase of Water- Manager submitting a tabulation of bids received for the purchase of Waterous wedge ous wedge valve valve parts for the Water Department; stating that purchases will be charged to Fund parts PE45, Inventory Subsidiary Account No. 141279, Center No. 0000000; and recommending that the purchase be made from Bowles and Eden Equipment on its low bid of $6,204.26 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4864 re urchase of engine There was presented Mayor and Council Communication No. P-4864 from the City epair services Manager stating that the No. 6 engine at the Village Creek Wastewater Treatment Plant is in need of rebuilding; that the patent for the engine is owned by Cooper Energy Services and it is the sole source for repair parts; that funds are available in Fund PE45, Account No. 536010, Center No. 0705002; and recommending that the purchase of engine repair services from Cooper Energy Services for the Water Department for an amount not to exceed $99,644.00 be authorized. It was the consensus of the City Council that the recommendation be adopted. &C P-4865 re urchase agreement There was presented Mayor and Council Communication No. P-4865 from the City ith Cooper In- i Manager, as follows: ustries, Cooper S nergy Services , SUBJECT: PURCHASE AGREEMENT FOR TECHNICAL ASSISTANCE AND COMPONENT REPAIR FROM COOPER INDUSTRIES, COOPER ENERGY SERVICES, FOR THE WATER DEPARTMENT 11 RECOMMENDATIONS: It is recommended that the City Council authorize: Minutes of City Council R-3 Page 348 C P-4865 cont. I. A purchase agreement with Cooper Industries, Cooper Energy Services, to provide technical assistance and component repair for the Water Department on the following schedule of charges: Technical Services Daily Rate Mechanical Service Representative (MSR) $ 500.00 Mechanical Service Specialist (MSS) $ 575.00 Controls Service Representative (CSR) $ 830.00 Controls Service Specialist (CSS) $ 675.00 Consulting Engineer (CE) $ 930.00 Diagnostic Team (2 -man crew) (DT) $1,100.00 Training Specialist (TS) $ 930.00 MINIMUM CHARGES One day is the minimum charge. For MSR, MSS, CSR and CSS only, one-half (1/2) the Daily Rate will be allowed for four (4) hours or less. Travel time is considered work time. TRAVEL AND OVERTIME CHARGE Percent of Daily Rate Travel: Weekday travel time 12.50% per hour Weekend/holiday travel time 18.75% per hour Overtime: In excess of 8 hours per day and 18.75% per hour for the first 12 hours on Saturday In excess of 12 hours per day or 25.00% per hour continuously (irrespective of calendar days) Sundays and local holidays 25.00% per hour TRANSPORTATION CHARGES Charges to, from and at jobsite: Cooper vehicle $.50 per mile Rented vehicle Actual cost TRAVEL AND LIVING EXPENSE CHARGES To, from and at the jobsite: Use of customer -provided quarters Actual Cost will be considered MAINTENANCE SERVICES CREW CHIEF RATES Standard Time $44.00 per hour Time and a Half $66.00 per hour Double Time $88.00 per hour SERVICE MECHANIC RATES Minutes of City Council R-3 Page 349 Standard Time $36.00 per hour Time and a Half $54.00 per hour Double Time $72.00 per hour SCHEDULE OF CHARGES 1. Time for 8 Hrs./Day or 40 Hrs./Week Standard Rate 2. Time in excess of 8 Hrs./Day 1.5 times std. rate 3. Time in excess of 12 Hrs./Day, 2.0 times std. rate all continuous service, time in excess of 12 hrs., regardless of calendar day 4. Time on Saturday (First 12 Hrs.) 1.5 times std. rate 5. Time on Sunday and locally observed 2.0 times std. rate holidays EXPENSES 1. All expenses for lodging and meals while on the job will be charged to customer. NOTE: This applies to jobs outside of Houston only. 2. Mileage will be charged at the rate of $.50/mile. Minutes of City Council R-3 Page 349 M&C P-4865 cont.II 3. Stand -By service, if requested, will be charged at applicable day's rate. OVERHAUL EQUIPMENT RATE SCHEDULE Mobile Trailer $100.00/Day Trucks - Based on Actual Mileage $ .50/Mile ANALYZER RATES Analyzer and Operator Helper NOTE: $660.00/Day $275.00/Day Should repairs be done upon completion and diagnosis, charges will be at E.S.G.'s standard rate in effect at time for service. Mileage $ .50/Mile ITEM DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 COMPONENT REPAIR PART NUMBER Head 033-715-003 Supersedes 026-457 Head 018-519 Oil Pump Pump, Inj. Pump, Inj. Rotor Rotor Rotor Turbocharger Turbocharger Governor Governor Conn. Rod Conn. Rod Nozzle Tip Nozzle Tip 033-639 Supersedes 002-914 NEW PRICE RECOND. PRICE $ 4,564.80 $ 2,738.88 $ 4,665.00 $ 2,799.00 $ 5,508.00 $ 3,304.80 014-060 $ 3,160.80 $ 1,896.48 028-670 $ 3,214.80 $ 1,928.88 754-962 $24,278.40 $14,567.04 757-221 $31,276.80 $18,766.08 757-474 $31,341.60 $18,804.96 029-284 $64,404.00 $38,642.40 028-672 $65,102.40 $39,061.44 019-113 $21,636.00 $12,981.60 028-122 $26,632.80 $15,979.68 030-081 $ 1,980.00 $ 1,188.00 030-082 $ 1,980.00 $ 1,188.00 015-504 $ 414.00 $ 248.40 028-671 $ 158.40 $ 95.04 Reconditioning prices have been calculated not to exceed 60% of new part prices unless by mutual agreement and due to availability. All labor will be billed at actual hours expended, based on current machine shop rates. All replacement parts will be billed as requirements dictate at current price less your discount. Any third party requirements will be billed at cost plus 30%. II. The agreement to begin April 10, 1991 and expire April 9, 1992, with options to renew for two additional one-year periods. DISCUSSION• The Cooper Services, Cooper Energy Services Group, are the sole source for parts and assistance on the White Superior engines located at the Village Creek Wastewater Treatment Plant. Cooper Services purchased the patents and all rights to the White Superior engine. The Water Department will use these services to diagnose engine problems and to overhaul components to maintain the engines that power the wastewater treatment plant. Minutes of City Council R-3 Page 350 351 M&C P-4865 cont. FINANCING: Sufficient funds are available in Water and Sewer Operating Fund PE45, Center No. 0705002, Waste Water Treatment. Expenditure will be made from Account No. 523300. M&C P-4865 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-4865, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4866 re There was presented Mayor and Council Communication No. P-4866 from the City purchase_ of lumi- Manager submitting a tabulation of bids received for the purchase of luminaires for the Transportation and Public Works Department; stating that purchases will be charged to n aires General Fund GGO1, Subsidiary Account No. 141273; and recommending that the purchase be made from Bluebonnet Supply on its low bid, meeting City specifications, of $9,469.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4867 re There was presented Mayor and Council Communication No. P-4867 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of various sizes of to provide various tapping sleeves for the Water Department; stating that budgeted funds are sufficient to sizes of tapping cover anticipated expenditures; and recommending that the City Council authorize: sleeves 1. A one-year purchase agreement to provide various size tapping sleeves with Atlas Utility Supply Company on the low bid of unit prices as M&C P-4867 adopted 11 It was the consensus of the City Council that the recommendations be adopted. M&C P-4868 re There was presented Mayor and Council Communication No. P-4868 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of Rockwell repair to provide Rockwell couplings for the Water Department; stating that budgeted funds are sufficient to pay repair couplings anticipated expenditures; and recommending that the City Council authorize: 1. A purchase agreement to provide Rockwell repair couplings for the Water Department with Atlas Utility Supply on the low bid of unit prices as fol l ows: Adjusted Adjusted Item Unit Price Terms Unit Price Amount Bid Terms Bid coupling 1) 6" x 4" Tapping Sleeves $118.83/each 10% 30 days $106.95 10% 2) 6" x 6" Tapping Sleeves $134.17/each 10% 30 days $120.75 days 3) 8" x 4" Tapping Sleeves $129.06/each 10% 30 days $116.15 5. 4) 8" x 6" Tapping Sleeves $143.11/each 10% 30 days $128.80 5) 8" x 8" Tapping Sleeves $176.33/each 10% 30 days $158.70 6) 10" x 4" Tapping Sleeves $132.89/each 10% 30 days $119.60 7) 10" x 6" Tapping Sleeves $153.33/each 10% 30 days $138.00 8) 10" x 8" Tapping Sleeves $187.83/each 10% 30 days $169.05 9) 12" x 4" Tapping Sleeves $145.67/each 10% 30 days $131.10 10) 12" x 6" Tapping Sleeves $161.00/each 10% 30 days $144.90 11) 12" x 8" Tapping Sleeves $199.33/each 10% 30 days $179.40 12) 12" x 10" Tapping Sleeves $271.94/each 10% 30 days $244.75 13) 12" x 12" Tapping Sleeves $325.83/each 10% 30 days $293.25 14) 16" x 4" Tapping Sleeves $154.61/each 10% 30 days $139.15 15) 16" x 6" Tapping Sleeves $178.89/each 10% 30 days $161.00 16) 16" x 8" Tapping Sleeves $227.44/each 10% 30 days $204.70 17) 24" x 6" Tapping Sleeves $210.83/each 10% 30 days $189.75 18) 24" x 8" Tapping Sleeves $273.44/each 10% 30 days $246.10 2. This agreement to begin April 9, 1991, and end April 9, 1992. M&C P-4867 adopted 11 It was the consensus of the City Council that the recommendations be adopted. M&C P-4868 re There was presented Mayor and Council Communication No. P-4868 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of Rockwell repair to provide Rockwell couplings for the Water Department; stating that budgeted funds are sufficient to pay repair couplings anticipated expenditures; and recommending that the City Council authorize: 1. A purchase agreement to provide Rockwell repair couplings for the Water Department with Atlas Utility Supply on the low bid of unit prices as fol l ows: 2. The agreement to begin April 9, 1991 and end April 9, 1992. M&C P-4867 adopted 11 It was the consensus of the City Council that the recommendations be adopted. M&C P-4869 re There was presented Mayor and Council Communication No. P-4869 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide with Hutchinson bulk salt for the Transportation and Public Works Department; stating that funds are Salt Company available in General Fund GG01, Center No. 0208001, Account No. 523010; and recommending that the purchase agreement be authorized with Hutchinson Salt Company on its low bid of $42.75 per ton, f.o.b. Fort Worth, with term of agreement to begin April 14, 1991, and end April 13, 1992. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 351 Adjusted Item Unit Price Terms Unit Price 1. 4" x 6" coupling $19.72/each 10% 30 days $17.75/each 2. 6" x 6" Coupling $26.00/each 10% 30 days 23.40/each 3. 8" x 6" coupling $32.89/each 10% 30 days 29.60/each 4. 10" x 6" coupling $46.94/each 10% 30 days 42.25/each 5. 12" x 6" coupling $60.28/each 10% 30 days 54.25/each 2. The agreement to begin April 9, 1991 and end April 9, 1992. M&C P-4867 adopted 11 It was the consensus of the City Council that the recommendations be adopted. M&C P-4869 re There was presented Mayor and Council Communication No. P-4869 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide with Hutchinson bulk salt for the Transportation and Public Works Department; stating that funds are Salt Company available in General Fund GG01, Center No. 0208001, Account No. 523010; and recommending that the purchase agreement be authorized with Hutchinson Salt Company on its low bid of $42.75 per ton, f.o.b. Fort Worth, with term of agreement to begin April 14, 1991, and end April 13, 1992. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 351 35, TUESDAY, APRIL 9, 1991 M&C P-4870 re I There was presented Mayor and Council Communication No. P-4870 from the City purchase agreement Manager stating that the City Council on May 23, 1989, by Mayor and Council with Van Waters Communication No. P-3472 authorized a purchase agreement with Van Waters and Rogers on and Rogers its bid of $1,248.00 per drum to furnish odor masking agent for the Water Department; that the agreement period was for one year with option to renew annually for three additional years; that Van Waters and Rogers has performed well and the Water Department, Village Creek Wastewater Treatment Plant, has requested the option to renew be exercised; stating that funds are sufficient to cover an anticipated expenditure by the department participating in the agreement; and recommending that the City Council exercise a second option to renew purchase agreement with Van Waters and Rogers to furnish odor masking agent to the Water Department for one year on bid of $1,248.00 per drum, with new agreement period to begin May 23, 1991, and end May 22, 1992, with one additional one-year option to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4871 re There was presented Mayor and Council Communication No. P-4871 from the City purchase of Manager stating that the City Council on November 27, 1990, by Mayor and Council asbestos abatemen Communication No. P-4597 approved the asbestos abatement program at Holly Water Plant for an amount not to exceed $164,723.00; that, during the abatement, the vendor, U.S. Environmental Service, found it necessary to replace the pump station boiler door, scrape and replace the pump station ceiling, and remove and replace the floor tile for- a total of $8,329.00 in addition to the original quoted work of $164,723.00; that the Water Department staff has requested an amendment be authorized for the new total of $173,052.00; and recommending that a fund transfer in the amount of $8,239.00 from Water Capital Improvement Fund PW53, Center No. 060530159010, Unspecified, to Water Capital Improvement Fund PW53, Center No. 060530171710, Asbestos Removal, Holly Facilities; and that the amendment of Mayor and Council Communication No. P-4597 for the purchase of asbestos abatement services from U.S. Environmental Services for the Water Department be amended to authorize a new total amount of $173,052.00. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4872 from the City M&C P-4872 re Manager submitting a tabulation of bids received for the purchase of Darling fire purchase of Dar- hydrant parts for the Water Department; stating that purchases will be charged to Water ling fire hydrant and Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279, Center parts No. 0000000; and recommending that the purchase be made from Atlas Utility Supply Company on its low bid of $7,118.70 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-4873 re There was presented Mayor and Council Communication No. P-4873 from the City purchase of one- Manager submitting a quotation received for the purchase of one four-wheel drive rubber four-wheel drive tire loader for the City Services Department; stating that funds are available in rubber tire load- Operating Fund PI61, Center No. 0000000, Subsidiary Account No. 141700; and er 11recommending that the purchase be made from Mega Equipment Company on quotation meeting City specifications of $192,556.97 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-4874 re There was presented Mayor and Council Communication No. P-4874 from the City purchase agreement Manager submitting a quotation received for a purchase agreement for the purchase of for purchase of genuine John Deere manufacturer's replacement parts for the City Services Department; genuine John stating that budgeted funds are sufficient to cover the anticipated expenditure; and Deere manufacc- recommending that the purchase agreement be authorized with Mega Equipment Company on turer's replace- quotation of unit prices and manufacturers' suggested list price, and that the ment agreement begin May 21, 1991, and end May 20, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4875 re There was presented Mayor and Council Communication No. P-4875 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for the for purchase of purchase of genuine Kawasaki motorcycle manufacturer's replacement parts for the City genuine Kawasaki Services Department; stating that budgeted funds are sufficient to cover the motorcycle anticipated expenditure; and recommending that the purchase agreement be authorized with Fort Worth Kawasaki on low bid of manufacturers' suggested list price less 20 percent discount, with term of agreement to begin March 28, 1991, and end March 27, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4876 re There was presented Mayor and Council Communication No. P-4876 from the City purchase agreement Manager stating that the City Council authorized a purchase agreement with S.U.I. with S.U. I. Communications on April 24, 1990, by Mayor and Council Communication No. P-4197 for Communications ! repair of light bars for the Police Department for one year with option to renew for one additional year; that the Police Department has specified the Federal Signal Corporation light bars be on all police units to reduce maintenance costs and inventory of spare parts; that the Federal Signal Corporation has only one factory authorized repair representative, S.U.I. Communications; that S.U.I. Communication has agreed to repair police unit light bars at the stated labor cost per hour and the parts at dealer's list price for the option year; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the City Council exercise the option to renew purchase agreement with S.U.I. Communications for repair of light bars for the Police Department on unit prices, with parts at manufacturers' list price, labor (driveway service) at $59.50 per hour, and bench labor at $59.50 per hour, with Minutes of City Council R-3 Page 352 TUESDAY, APRIL 9, 1991 &C P-4876 cont. II agreement to begin April 24, 1991, and end April 23, 1992. It was the consensus of the n d adopted City Council that the recommendations be adopted. M&C P-4877 re There was presented Mayor and Council Communication No. P-4877 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement with from National option to renew annually for two years to provide computer output microfiche service Business Systems, for Information Systems and Services Department; stating that the purchase will be made Inc. from General Fund GGO1, Inventory Subsidiary Account No. 159011; and recommending that the City Council authorize the purchase agreement with National Business Systems, Inc., on its low bid of $0.785 each for original microfiche (based 11m unit/year) and $0.0785 each net f.o.b. Fort Worth, Texas, for duplicate microfiche (based on 45m unit/year). It was the consensus of the City Council that the recommendation be adopted. M&C P-4878 re There was presented Mayor and Council Communication No. P-4878 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year janitorial service g g y purchase agreement to provide janitorial service for the Aviation Department with option to renew for one-year; stating that funds are available in Airports Fund PE40'Center No. 0552001, Account No. 539120; and recommending that the City Council authorize a one-year purchase agreement beginning May 1, 1991, and ending one year later, with option to renew for one year, with Presko Corporation based on low bid of $1,687.00 per month, not to exceed $20,244.00 annually; and confirm purchase of janitorial service for the Aviation Department from Presko Corporation for $1,687.00 from April 1, 1991, through April 30, 1991. It was the consensus of the City Council that the recommendations be adopted. M&C P-4879 re There was presented Mayor and Council Communication No. P-4879 from the City repairs to hard- Manager submitting a quotation of bids received for repair of hardwood floors for the wood floors Transportation and Public Works Department; stating that funds are available in General Fund GGO1, Center No. 0806050, Account No. 539120 and in Insurance Fund FE71, Center No. 0157140, Account No. 534260; and recommending that the repairs be made by Sides Supply, Inc., for the Transportation and Public Works Department on low bid of $80,950.00 net, f.o.b. Fort Worth, Texas. On motion of Council Member Gilley, seconded by Council Member McCray, the recommendation was adopted. M&C L-10447 re There was presented Mayor and Council Communication No. L-10447, dated March 26, denied sale surplus right -of- - 1991, from the City Manager stating the Library Joint Venture has approached the City way of Fort Worth requesting to purchase some surplus right-of-way adjacent to the old downtime library site; that the property is a thin strip containing approximately 1,495 square feet and, due to its shape and size, the property is exempt from the requirements of Article 5421c-12 requiring notice and disposition of the property through competitive bidding; that, as such, the property may be sold to the abutting owners for an amount not less than fair market value; that the Real Property Department of the City of Fort Worth has obtained an appraisal of fair market value of the property which indicates that its fair market value is $2,500.00; and recommending that the City Council approve the sale of 1,495 square feet of surplus right-of-way out of the S. G. Jennings Survey A844 to the Library Joint Venture for $2,500.00. At this time, Council Member Granger assumed her seat at the City Council table. Council Member Zapata made a motion, seconded by Council Member Gilley, that Mayor and Council Communication No. L-10447, Sale of Surplus City -Owned Property -S. G. Jennings Survey, Abstract 844, be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10470 re There was presented Mayor and Council Communication No. L-10470 from the City acquisition of Manager recommending that the City pay a total consideration of $19,300.00 for an permanent easement irregularly-shaped permanent utility easement out of Tract 1AlIA. F. Albright Survey, and temporary con- Abstract 1849, as described in Volume 9720, Page 2354, Deed Records, Tarrant County, struction easement Texas; that same being 848.46 feet along its west line, 184.83 feet along its north line, 668.91 feet along its east line and 31.22 feet along its south line; and two irregularly shaped temporary construction easements out of Tract 1A1, A. F. Albright Survey, Abstract 1849, as described in Volume 9720, Page 2354, Deed Records, Tarrant County, Texas, with one strip lying adjacent to and parallel with the west line of the described permanent easement and the second strip lying adjacent to and parallel with the east line of the described permanent easement; located west of Old Decatur Road and North of Cromwell Marine Creek Road; owned by G. H. Anderson, Trustee; and required for Northside II Water Transmission Main, Phase II, Section I, Contract I, Project No. PW77-016770140020. .It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Fund PW77, Center No. 016770140020. M&C L-10471 re There was presented Mayor and Council Communication No. L-10471 from the City acquisition of Manager recommending that the City pay a total consideration of $1.00 for a -shaped temporary construction easement 25 feet in depth and 28 feet in temporary easement rectangularly length, located adjacent to the northeast corner of Lot 19, Block 16, Ryan South East Addition, as recorded in Volume 388, Page 7, Deed Records, Tarrant County, Texas; located at 1125 Roberts Street East, owned by John Mouring and wife, Leigh Mouring; and required for Mississippi Avenue and Morphy Street reconstruction. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670951070, Account No. 541100. Minutes of City Council R-3 Page 353 3 TUESDAY, APRIL 9, 1991 M&C L-10473 re There was presented Mayor and Council Communication No. L-10472 from the City M&C L-10472 re Manager recommending that the City pay a total consideration of $592.00 for a acquisition of rectangularly -shaped permanent sanitary sewer easement 15 feet in width and permanent and approximately 51.30 feet in length located across the westerly portion of the north temporary easement one-half of Lot 8A, F. G. Mulliken Addition, situated in the F. G. Mulliken Survey, Abstract No. 1045, as recorded in Volume 7516, Page 838, Deed Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 51.30 feet in length adjacent to the westerly line of said permanent easement; located south of 809 Bennett Street; owned by Carrie F. Morrison; and required for rehabilitation of Sanitary Sewer Main 42, Lateral 527, and Main 383-A, Project No. PS58-016580170650; and recommending that a fund transfer in the amount of $600.00 be authorized from Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Project, Sewer Department, to Sewer Capital Improvement Fund PS58, Center No. 016580170650, Rehabilitation of Sanitary Sewer M-42, L-527, and M -383-A. It was the consensus of the City Council that the recommendations be adopted. M&C L-10473 re There was presented Mayor and Council Communication No. L-10473 from the City acquisition of Manager recommending that the City pay a total consideration of $1,200.00 for a permanent and rectangularly -shaped permanent sanitary sewer easement 15 feet in width and temporary easement approximately 104.44 feet in length located across the westerly portion of Lot 11, Mulligan Addition, situated in the F. G. Mulliken Survey, Abstract No. 1045, as recorded in Volume 1872, Page 457, Deed Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 104.44 feet in length adjacent to the westerly line of said permanent easement; located northwest of Bennett Street and west of Samuels Avenue; owned by Earline Prescott; and required for rehabilitation of Sanitary Sewer Main 42, Lateral 527, and Main 383-A, Project No. PS58-016580170650; and recommending that the City Council authorize a fund transfer in the amount of $1,200.00 from Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Project, Sewer Department, to Sewer Capital Improvement Fund PS58, Center No. 016580170650, Rehabilitation of Sanitary Sewer M-42, L-527, and M -383-A. It was the consensus of the City Council that the recommendations be adopted. M&C L-10474 re There was presented Mayor and Council Communication No. L-10474 from the City acquisition of Manager recommending that the City pay a total consideration of $34,800.00 for a permanent and tem- rectangularly -shaped permanent easement 30 feet in width and approximately 637.65 feet porary easements in length out of Tract 2A, Elijah Rogers Survey, Abstract No. 1292, as recorded in Volume 5734, Page 827, Deed Records, Tarrant County, Texas; same being located along the west right-of-way line of Campus Drive along the 5100 block and extending in a westerly direction to the northeast portion of Donald White property; and two rectangularly -shaped strips of land being 30 feet in width and approximately 637.65 feet in length out of the same tract as described in the permanent water main easement, with Easement No. 1 located adjacent to parallel to the north boundary line of the permanent easement and Easement No. 2 located adjacent and parallel to the south boundary line of the permanent easement; located at 5100 Campus Drive; owned by Cramer Capital Company by Warren J. Gottemeyer; and required for Southside II Transmission Main Contract I, Project No. PW77-016770140070. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Water Fund PW77, Center No. 016770140070, Southside II Transmission Main, Contract 1. M&C L-10475 re There was presented Mayor and Council Communication No. L-10475 from the City acquisition of Manager recommending that the City pay a total consideration of $2,748.45 for a permanent and tem- trapezoid -shaped permanent water line easement 30 feet in width and of various lengths porary easements from Tract 3E of the Louis Cohen Survey, Abstract No. 290, and the Robert Gillaster Survey, Abstract No. 619, as recorded in Volume 8282, Page 518, Deed Records, Tarrant County, Texas; same being located adjacent to and parallel along the south side of the TESCO easement where it extends in a northeasterly direction for 848.84 feet, thence curving to a southeasterly direction for 691.73 feet; an irregularly-shaped temporary construction easement being 63.44 feet in width and approximately 193.63 feet in length from the same tract and same recordings as previously described; same being adjacent to and parallel to the south side of the Easement No. 1 (trapezoid easement); and two irregularly-shaped strips of land of various widths and lengths being adjacent to and parallel to Easement No. 2, with temporary construction Easement No. 2 being located along the north boundary side of Easement No. 2 and Temporary Construction No. 3 located adjacent to and parallel to the south side of Easement No. 2; required for Southside II Transmission Main Contract I, Project No. 77-014007-00. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Commercial Paper -Water Fund PW77, Center No. 016770140070, Southside II Transmission Main Contract I. M&C L-10476 re There was presented Mayor and Council Communication No. L-10476 from the City acquisition of Manager recommending that the City pay a consideration of $4,458.00 for an permanent and tem- irregularly-shaped permanent water line easement 25 feet in width and approximately porary easements 763.2 feet in length out of Tract 3H, Louis Cohen Survey, Abstract No. 290, as recorded in Volume 9891, Page 596, Deed Records, Tarrant County, Texas; same being located along the 1100 block of the east right-of-way line of Oak Grove Road and being adjacent to and parallel to Oak Grove Road for 471 feet where it further extends easterly along the south side of the TESCO's easement for 265.25 feet; an irregularly-shaped temporary construction easement being 60 feet in width and 816 feet in length located adjacent to and parallel to the north boundary line of the above-described permanent easement; and Minutes of City Council R-3 Page 354 TUESDAY, APRIL 9, 1991 M&C L-10476 cont. ' a triangularly -shaped temporary construction easement located on the south boundary line of the above-described permanent easement and being 265.25 feet in length on the north property line, 70 feet in length on the west property line, and 300 feet in length on its hypotenuse; located in the 1100 block of Oak Grove; owned by Mount Pisgah Baptist Church; and required for Southside II Transmission Main Contract I, Project No. 77-014007-00. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Commercial Paper -Water Fund PW77, Center No. 016770140070, Southside II Transmission Main, Contract I. M&C L-10477 re There was presented Mayor and Council Communication No. L-10477 from the City acquisition of per Manager recommending that the City pay a total consideration of $1.00 for an manent and tem- irregularly-shaped permanent water line easement being 30 feet in width and porary ceasemnts approximately 1,987.82 feet in length out of Tract 3C of the Henry Robertson Survey, Abstract 1798, as recorded in Volume 9411, Page 608, Deed Records Tarrant County, Texas; same being located adjacent and parallel to the west right-of-way line of the 8300 block of Blue Mound Road; and an irregularly-shaped temporary construction easement being 30 feet in width and approximately 1,987.82 feet in length being from the same tract as the above-described permanent easement, being located adjacent and parallel to the west boundary lien of the permanent easement; located in the 8300 block of Blue Mound Road; owned by Anna S. Loughridge; and required for Northside II, Water Transmission Main, Phase II, Section II, Contract 3, PW77-016770140050. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Environmental Assessments Fund PW53, Account No. 541100, Center No. 016530171780. M&C L-10478 re There was presented Mayor and Council Communication No. L-10478 from the City cons truc tin ess- Manager recommending that the City Council declare the necessity of taking certain land ential public im- for the purpose of constructing essential public improvements heretofore authorized by provements an Council and that authority be given the City Attorney to institute eminent domain eminent domain pro proceedings to acquire an irregularly-shaped strip of land 9.90 feet in width and 12.66 ceedings feet in length out of Lot 1, Block 12-R, Eastwood Terrace Addition, as recorded in Volume 7321, Page 441, Deed Records, Tarrant County, Texas; same being located on the southwest corner of Freshfield and Village Creek Road; a rectangularly -shaped temporary construction easement 5 feet in width and 151.22 feet in length out of the same lot and block as described above; same being located adjacent to and parallel to the west right-of-way boundary of Village Creek Road; and a public -open -space easement from the. northeast corner of the above-described Lot 1, Block 12-R, Eastwood Terrace Addition; located at 4830 Virgil Drive; owned by Webber Garden Apartment, Ltd., and required for Village Creek Road Improvement. Council Member Webber requested permission of the City Council to abstain from voting on Mayor and'Council Communication No. L-10478. Council Member Gilley made a motion, seconded by Council Member Meadows, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. L-10478. 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 Mayor and Council Communication No. L-10478 be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Webber M&C L-10479 re There was presented Mayor and Council Communication No. L-10479 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for a permanent permanent easement easement from the west 5 feet of Lot 14R, Block 1, Edgewood Terrace Addition; located at 4717 Crenshaw; owned by Daisy 0. White; and required for the installation of mid -block street lighting. It was the consensus of the City Council that the easement The acquired as recommended. M&C L-10480 re There was presented Mayor and Council Communication No. L-10480 from the City pipeline license Manager stating that it is necessary for the City to enter into a pipeline license agreement agreement with Union Pacific Railroad to install a water pipeline at M.P. 248.43 and that a one-time fee of $6,700.00 be charged; stating that funds are available in Commercial Paper -Water Fund PW77, Center No. 016770140080, Southside II Transmission Main, Contract II; and recommending that the City Manager be authorized to enter into a pipeline license agreement with Union Pacific Railroad Company to install a water pipeline crossing and encroachment at Mile Post 248.43 for a one time fee of $6,700.00. It was the consensus of the City Council that the recommendation be adopted. M&C L-10481 re There was presented Mayor and Council Communication No. L-10481 from the City acquisition of Manager recommending that the City pay a total consideration of $20,985.00 for an permanent and irregularly-shaped permanent easement out of Tract 1A1, A. F. Albright Survey, Abstract temporary easement Minutes of City Council R-3 Page 355 rl r--4♦ J,A) &C L-10481 cont. 1849, as described in Volume 9720, page 2354, Deed Records, Tarrant County, Texas; same being 30.78 feet along its south line, 824.45 feet along its west line, 31.22 feet along its north line, and 831.17 feet along its east line; and two irregularly-shaped strips of land out of Tract 1A1, A. F. Albright Survey, Abstract 1849, one strip lying adjacent to and parallel with the east line of the permanent easement and one strip lying adjacent to and parallel to the west line of the describedpermanent easement; located west of Old Decatur Road and north of Cromwell Marine Creek Road; owned by G. H. Anderson, Trustee; and required for Northside II Water Transmission Main, Phase II, Section I, Contract I, Project No. PW77-016770140020. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Commercial Paper -Water Fund PW77, Center No. 016770140020, Northside II Transmission Main, Phase II, Section I, Contract I. &C PZ -1607 re There was presented Mayor and Council Communication No. PZ -1607 from the City acati ng utility Manager recommending that an ordinance be adopted vacating an 8 feet wide by 227 feet asement long easement located adjacent to the north property line of Lots 9 and 10, Block 16, Wilkes Estates Addition, as recorded in Volume 388-L, Page 58, P.R.T.C.T. It was the consensus of the City Council that the recommendation be adopted. ntroduced an I Council Member Chappell introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member McCray. 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10821 rdinance No. 0821 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT LOCATED WITHIN THE WILKES ESTATES 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 PZ -1608 re There was presented Mayor and Council Communication No. PZ -1608 from the City losing an alley Manager recommending that the City Council adopt a resolution physically closing, by means of locked gates as approved by the Transportation and Public Works Department, an alley located between Lots 1 through 6 and 7 through 12, Block 7, Alford and Veal Addition. It was the consensus of the City Council that the recommendation be adopted. ntroduced a Council Member Chappell introduced a resolution and made a motion that it be es olutio n adopted. The motion was seconded by Council Member McCray. 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, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: esol uti on No. RESOLUTION NO. 1714 714 WHEREAS, all abutting property owners have requested by written and signed petition, that the City physically close, at such property owners' expense, the alley located between Lots 1 through 6 and 7 through 12, Block 7 of the Alford and Veal Addition to the City of Fort Worth, Texas, as it runs from East Hattie Street, south, to East Leuda Street; and WHEREAS, the Plan Commission of the City of Fort Worth has reviewed this request and recommends that the subject portion of the alley be closed as requested; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the existing alley located between Lots 1 through 6 and 7 through 12, Block 7 of the Alford and Veal Addition to the City of Fort Worth, Texas, as it runs from East Hattie Street, south, to East Leuda Street, and as more specifically described in attached Exhibit "A", attached hereto and incorporated herein, be physically closed with locked gates at the abutting property owners' expense, with the City to retain title to the public right-of-way in said alley, retaining any and all easements for existing and Minutes of City Council R-3 Page 356 351 TUESDAY, APRIL 9, 1991 prospective utilities, and retaining the right of access at all times for the Resolution No. purpose of maintaining existing and prospective utility facilities located in 1714 cont. the aforesaid portion of said alley. In addition, the City reserves the right, at the sole discretion of the City Council, to reopen by resolution the aforesaid alley right-of-ways to public travel at any time by directing the removal of the aforesaid locked gates, all costs and expense of said removal to be borne by aforesaid abutting property owners. There was presented Mayor and Council Communication No. PZ -1609 from the City M&C PZ -1609 re Manager recommending that an ordinance be adopted vacating a 20 foot wide by vacating alley approximately 560 foot long alley located between Lots 1 through 11 and 14 through 24, Block 41, M. G. Ellis Addition, as recorded in Volume 63, Page 19 and 20, P.R.T.C.T., and the east 1/2 of an alley (approximately 10 foot wide) located west of the west property line of Lot 3 and all of a 20 foot wide by 400 foot long alley located between Lots 4 through 11 and 14 through 21, Block 42, as recorded in Volume 63, Pages 19 and 20, P.R.T.C.T. Council Member Zapata requested permission of the City Council to abstain from voting on Mayor and Council .Communication No. PZ -1609 involving North Fort Worth Bank. Council Member Chappell made a motion, seconded by Council Member Meadows, that Council Member Zapata be permitted to abstain from voting on Mayor and Council Communication No. PZ -1609. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Gilley, that the recommendation, as contained in Mayor and Council Communication No. PZ -1609 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 Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING:, Council Member Zapata Council. Member Chappell introduced an ordinance and made a motion that it be Introduced an adopted. The motion was seconded by Council Member Gilley. The motion, carrying with Ordinance it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Zapata The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10822 10822 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING TWO ALLEY RIGHTS-OF-WAY LOCATED WITHIN THE M. G. ELLIS 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 C-12792 re There was presented Mayor and Council Communication No. C-12792 from the City contract with Manager submitting a tabulation of bids received for the 24-, 30-, 36-, and 60 -inch Miller Pipeline joint repairs at the North Holly Water Treatment Plant; and recommending that the City Corp. Council authorize a fund transfer in the amount of $67,410.00 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020, to Water Capital Improvement Fund PW53, Center No. 060530171920, 24-, 30-, 36-, and 60 -inch joint repairs; and authorize the City Manager to execute a construction contract with Miller Pipeline Corporation for the 24-, 30-, 36-, and 60 -inch joint repairs on its bid of $57,645.80. It was the consensus of the City Council that the recommendation be adopted. M&C C-12793 re There was presented Mayor and Council Communication No. C-12793 from the City contract with Manager stating that the City of Fort Worth participated with Harris Methodist Health Harris Methodist Services, the non-profit component of Harris Methodist Hospital, in the rehabilitation Health Services of a building owned by Harris Methodist Hospital which is being used as a neighborhood health clinic for Polytechnic Heights; that the City's participation was in the form of a no -interest, forgivable loan for rehabilitation of the building; that funds were Minutes of City Council R-3 Page 357 35``3 M&C C-12793 cont. provided through the Community Development Block Grant program; that Harris Methodist Health Services has decided to transfer the title to the neighborhood clinic property to United Community Centers which is managing the facility; that, in order for the transfer of the property to occur, the City's loan documents must be amended and assigned to United Community Centers; that the terms and conditions of the loan are acceptable to United Community Centers; that no additional funding is required; and recommending that the City Manager be authorized to assign City Secretary Contract No. 18009 and a $29,000.00 loan obligation executed between the City of Fort Worth and Harris Methodist Health Services to United Community Centers, Inc., including execution of necessary documents to accomplish the assignment; execute a release, removing Harris Methodist Health Services from its obligations under City Secretary Contract No. 18009 and the Deed of Trust executed by Harris Methodist Health Services; and accept a Deed of Trust from United Community Center, Inc., to secure the loan obligation established in the contract. It was the consensus of the City Council that the recommendations be adopted. M&C C-12794 re There was presented Mayor and Council Communication No. C-12794 from the City Installation of Manager as follows: underground fuel SUBJECT: PROPOSED CHANGE ORDER N0, 1 AND 2, INSTALLATION OF UNDERGROUND FUEL storage tanks STORAGE TANKS AT MEACHAM AIRPORT, CITY SECRETARY CONTRACT NO. 18279 RECOMMENDATIONS: It is recommended that City Council: 1. Approve Change Order No. 1 in the amount of $3,933 with no increase in the Contract Time of sixty (60) calendar days; 2. Approve Change Order No. 2 in the amount of $11,283 and adding eleven (11) calendar days to the Contract Time; and 3. Authorize the City Manager to increase City Secretary Contract No. 18279 with Les Gray and Company, Inc. by $15,216, a new total Contract Amount of $290,949, and a total of seventy-one (71) calendar days for the installation of Underground Fuel Storage Tanks at Meacham Airport. nTSruS-qTnN- On December 18, 1990 (M&C C-12657), the City Council awarded a contract in the amount of $275,733 to Les Gray and Company, Inc. to install underground fuel storage tanks at Meacham Airport. The contract required installation of five (5) underground fuel storage tanks and two (2) underground waste fuel storage tanks. In addition, the contract allowed for additional compensation should the excavation require non-standard equipment. Total contract time was sixty (60) calendar days. Proposed Change Order No. 1: The plans and specifications as bid required double wall construction for the five (5) underground fuel storage tanks and single wall construction on the two (2) underground waste fuel storage tanks. Staff required the contractor to install double wall tanks in place of the single wall waste fuel tanks. The contractor agreed to this change for the additional cost of $3,933. Staff has reviewed this cost and finds it to be reasonable and cost effective in adding additional protection against future environmental impacts. Proposed Change Order No. 2: Additional equipment for excavation The contractor provided a lump sum additional days for excavation and proposal and finds it to be reasonable Project Cost: Original Contract Cost: $275,733 Change Order No. 1: $ 3,933 Change Order No. 2: $ 11,283 Amended Contract Amount 290 949 was necessary to complete the project. cost of $11,283 plus eleven (11) time lost. Staff has reviewed this and justifiable. Approval of these change orders constitute a 6% increase in the contract amount. FINANCING: Sufficient funds are available in Aviation Improvements Capital Project Fund, GC24 Center No. 020240438100, Six New Tanks. Expenditures will be made from Account No. 539120. Minutes of City Council R-3 Page 358 359 TUESDAY, APRIL 9. 1991 &C C-12794 cont. It was the consensus of the City Council that the recommendations, as contained in nd adopted Mayor and Council Communication No. C-12794, be adopted. &C C-12795 re There was presented Mayor and Council Communication No. C-12795 from the City rofessional ser-' Manager stating that, at the February City Council Retreat, City staff made budget ice contract presentations that project another difficult year ahead for the FY 1991-92 budget; that the City staff advised the Council that various cost reduction options would be developed and designed to eliminate duplication of services and improve productivity; that the City Manager held a meeting with all department heads and presented this concept; that, as follow-up, group discussions were held between assistant city managers and their respective department heads, and from this discussion several ideas were generated; that, after identifying several potential consultants to assist in this feasibility study, the City staff entered into negotiations with the firm of Everett and Douglas Thompson Associates, Inc., and, after reviewing the firm's references and agreeing on a scope of work for a cost not to exceed $33,000.00, the City Manager decided to pursue authorization from City Council to execute a contract; that the Everett and Douglas Thompson firm will do all of the work and will not subcontract any portion of the scope of the work; stating that funds are available in General Fund GGO1, Center No. 0201000, and Water and Sewer Operating Fund PE45, Center No. 0601000, Account No. 539120; and recommending that the City Manager be authorized to execute a professional services contract for an amount not to exceed $33,000.00 with the firm of Everett and Douglas Thompson Associates, Inc., to conduct an engineering management study for the City of Fort Worth. On motion of Council Member Chappell, seconded by Council Member Gilley, the recommendation was adopted. &C C-12796 re There was presented Mayor and Council Communication No. C-12796 from the City ommunity facili- Manager stating that Brants Development Group, Inc., acting by and through H. Clayton ies agreement Brants, Jr., its duly authorized president, the development of Glen Eagles Addition, Phase I, has executed a proposed contract of community facilities to serve Glen Eagles Addition, Phase I; that the estimated cost of the community facilities is as follows: PROJECT COST DEVELOPER CITY TOTAL Streets Construction $ 89,375 $-0- $ 89,375 Design Engineering -0- -0- -0- Engineering and Administration 1,788 -0- 1,788 Storm Drains Construction 1,980 -0- 19980 Design Engineering -0- .-0- -0- Engineering and Administration 40 -0- 40 Street Lights 8,880 -0- 8,880 Street Name Signs 240 -0- 240 Total 102 233 -0- 102 233 It was recommended that the City Manager be authorized to execute a Community Facilities Agreement with the developer, Brants Development Group, Inc., and it was the consensus of the City Council that the recommendation be adopted. &C C-12797 re There was presented Mayor and Council Communication No. C-12797 from the City ubmission of Manager recommending that the City Manager be authorized to submit a grant application, rant application accept the grant, if offered, and negotiate a contract in the amount of $2,538,577.00 with the Texas Department of Commerce for implementation of the Job Training Partnership Act Title IIB Summer Youth Employment and Training Program Plan for 1991 for the contract period beginning October 1, 1990, and ending September 30, 1991; that, contingent upon approval of the contract with Texas Department of Commerce, authorize the Accounting Division of the Finance Department to establish the specified account upon receipt of the executed contract with the Texas Department of Commerce; and authorize application of indirect cost of 2.44 percent which represents the most recent approved rate for the Employment and Training Department. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12797 involving Fort Worth Independent School District. City Attorney Akins requested that the record show that Council Member Chappell's request is not a conflict of interest that would bring the Code of Ethics ordinance into play and that it is a matter of his desiring to seek permission to abstain from voting. Council Member Zapata made a motion, seconded by Council Member Meadows, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. C-12797. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. C-12797, be Minutes of City Council R-3 Page 359 3vJ 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, Meadows, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell M&C C-12798 re There was presented Mayor and Council Communication No. C-12798 from the City cont. for one Manager, as follows: week SUBJECT: PROPOSED CHANGE ORDER NO. 11 TO VILLAGE CREEK WASTEWATER TREATMENT PLANT, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-2, DIGESTERS AND THICKENERS (MARTIN K. EBY) RECOMMENDATIONS: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $2,562 from Sewer Capital Improvement Fund PS56, Account No. 541200, Center No. 07056149010, Unspecified to Grant Fund GR76, Account No. 541320, Center No. 070214698040, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners; and 2. Authorize Change Order No. 11 in the amount of $2,561.70 to City Secretary Contract No. 16849 with Martin K. Eby Construction Co., Inc. for the Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase 1-B-2 Digesters and Thickeners revising the total contract cost to $15,137,806.60, and extending the time of completion by 53 calendar days. Project No.:, PS54-070540160010 Background On November 22, 1988 (M&C C-11320), the City Council authorized the award of a contract to Martin K. Eby Construction Co., Inc. for the Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. Proposed Change Order After beginning construction, it was necessary to add, change and/or modify items in the contract. Those items are listed below. The contractor, Martin K. Eby Construction Co., Inc., will perform this additional work for $2,561.70 and 53 additional calendar days. The proposed changes are as follows: 1. Provide a two (2) year extension to contractor's warranty for the structural integrity of Digester No. 11 Dome 2. Construct temporary piping from pump P52 to suction header on digester feed pumps @ Lump Sum 3. Modify high level alarm for thickened sludge well @ Lump Sum 4. Delete motor or exhaust dampers in gas building @ a decrease Total Change Order The net effect of the proposed change order is as follows: Original Contract Cost $15,250,000.00 Extras to Date $ 333,346.90 Credits to Date $ 448,102.00 Proposed Change Order No. 11 $ 2,561.70 Revised Contract Cost $15,137,806.60 $ -0- $2,519.00 $1,182.70 ($1,140.00) $2,561.70 The construction manager, Brown & Caldwell/Freese & Nichols, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. Minutes of City Council R-3 Page 360 TUESDAY, APRIL 9, 1991 &C C-12798 cont. II FINANCING: 3G1 Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS56, Account No. 541200, Center No. 070560149010, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $2,562.00, Sufficient funds will be available in Grand Fund GR76, Account No. 541320, Center No. 070214698040, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. Expenditures will be made from Account No. 541320. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12798 involving Freese and Nichols. Council Member Chappell made a motion, seconded by Council Member McCray, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12798. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12798 involving Freese and Nichols. Council Member Chappell made a motion, seconded by Council Member McCray, that Council Member Gilley be permitted to abstain from voting on Mayor and Council Communication No. C-12798. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. C-12798 be continued for one week. 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Members Meadows and Gilley _ - NOTE: See subsequent action approving M&C C-12798. &C C-12799 re There was presented Mayor and Council Communication No. C-12799 from the City ont. for one week Manager stating that the City Council authorized a contract with RJN McCullough Associates, Inc., May 8, 1990, by Mayor and Council Communication No. C-12310 to provide flow monitoring and analysis of data for the M-134 and M-216 drainage areas; that this project was to obtain accurate information on the amount of inflow and infiltration entering the sanitary sewer collection system during wet weather; that the City Council authorized an engineering agreement with RJN McCullough for I/I evaluation of the M-240 and M-269 drainage areas on September 25, 1990, by Mayor and Council Communication No. C-12531; that these drainage areas represented the sub -areas of M-216 with the worst I/I problem and customer complaints due to overflows in the collection system; that this project was to find the location of the defects in the system (both public and private) and recommend repairs that could economically be made to reduce the inflow and infiltration problem; that a portion of the project was to be completed earlier for M-240 where there had been several recent overflow complaints and known overflow locations; that, in addition, the complete replacement of nine sewer segments containing 2,443 linear feet and 8 point repairs were recommended to correct specific structural deficiencies which are contributing to sewer backups in the study area; that the estimated cost to complete the repairs and replacement is $419,000.00 and will be constructed by separate contract; that, at this time, it is recommended that RJN McCullough design the proposed improvements recommended in the January 1991 report for the M-240 drainage area; and recommending that the City Council authorize a fund transfer in the amount of $66,335.00 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020 to Sewer Capital Improvement Fund PS58, Account No. 531200, Center No. 070580220270, M-240 Improvements; and authorize the City Manager to execute an engineering agreement with RJN McCullough Associates, Inc., for Sanitary Sewer Main M-240 improvements for a total fee not to exceed $64,335.00. Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. C-12799 be continued for one week in order to determine whether RJN McCullough Associates, Inc., is a Fort Worth firm. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-12800 re There was presented Mayor and Council Communication No. C-12800 from the City ontract with Manager submitting a tabulation of bids received for the Northside II Transmission .D. Conatser Main, Phase II, Section I, Contract I; stating that funds are available through ontractors issuance of commercial paper in Commercial Paper -Water Fund PW77, Center No. 060770140020, Northside II Transmission Main, Phase II, Section I, Contract I, Account Nos. 541300, 511090, and 511080; and recommending that the City Manager be authorized to execute a construction contract with L. D. Conatser Contractors for the Northside II Transmission Main, Phase II, Section I, Contract I on low bid of Minutes of City Council R-3 Page 361 &C C-12800 cont. $3,229,702.00. On motion of Council Member Granger, seconded by Council Member Zapata, nd adopted 11 the recommendation was adopted. &C C-12801 re There was presented Mayor and Council Communication No. C-12801 from the City onstructi on of Manager, as follows: lliance Airport SUBJECT: ALLIANCE AIRPORT, PHASE II - CHANGE ORDER NO. 32 (T.L. JAMES & COMPANY) RECOMMENDATIONS: It is recommended that City Council: 1. Adopt the attached supplemental appropriations ordinance increasing appropriations by $34,721 in General Fund GGO1, Non -Departmental -Airport Transfers Center No. 0909103 and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount; 2. Approve the transfer of $34,721 from General Fund GGO1, Non -Departmental -Airport Transfers Center No. 0909103 to Grant Fund GR76, Center No. 020218601010, Alliance Airport Phase II Construction; and 3. Authorize the City Council to execute Change Order No. 32 to T.L. James & Company's contract for the construction of Alliance Airport, Phase II improvements in the amount of $34,721, increasing the total contract to $23,935,461.83. RArvnPni1Nn On October 25, 1988 (M&C C-11265), the City Council awarded a construction contract to T.L. James & Company for Phase II paving, lighting, and drainage improvements at Alliance Airport in the amount of $19,820,408.70. This contract has been subsequently amended by Change Orders 1 through 31 so that it currently stands at $23,900,740.83. PROPOSED CHANGE ORDER NO. 32: After the opening of the Airport, the Federal Aviation Administration decided to relocate and upgrade the interim Air Traffic Control facility. As part of that upgrade, it requested the City of Fort Worth to relocate the controls for the airfield lights from the lighting vault to the interim tower under the existing contract with T.L. James & Company. The City of Fort Worth is willing to make this modification based upon F.A.A. assurances that the cost is grant eligible and that Grant No. 2 for Alliance Airport will be amended to cover this cost. The modification will allow F.A.A. Air Traffic Control personnel to establish more positive control over airfield light levels. The proposed change order also provides for some joint sealing on trenches dug to install electrical cable for taxiway guidance signs. The contractor has proposed a cost of $33,500 for the lighting controls and $1,221 for 929 L.F. of joint sealing. These proposed charges have been reviewed by the City&s Construction Engineer for Alliance, Day -Zimmerman, Inc., and found to be reasonable. PROJECT COST: Original Contract Amount: $19,820,408.70 Approved Change Orders 1 through 31: 4,080,332.13 Proposed Change Order 32 34,721.00 Proposed Contract Amount 23,935,461.83 Approval of Proposed Change Order No. 32, along with previously approved Change Orders, will result in a 21.19 percent increase in the original contract amount. FINANCING• Upon approval and completion of recommendations #1 and #2, sufficient funds will be available in the Grant Fund GR76, Center No. 020218601010, Alliance Airport Phase II Construction, to provide financing for this project. Expenditures will be made from Account No. 541200. The unreserved, undesignated General Fund balance after this transfer will be $26,782,663. It is anticipated that this project will be eligible for FAA participation. Upon receiving the expected cost reimbursement from FAA for this contract, funds in the amount of $34,721 will be restored to the General Fund unreserved, undesignated fund balance. &C C-12801 adopted On motion of Council Member Gilley, seconded by Mayor Pro tempore Garrison, the recommendations were adopted. Minutes of City Council R-3 Page 362 3G3 TUESDAY, APRIL 9. 1991 n troduce d an Council Member Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Garrison . The motion, carrying with it r dinance the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT:' None The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10823 0823 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND, GGO1, NON-DEPARTMENTAL/AIRPORT, CENTER NO. 0909103 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $34,721.00 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT AND APPROPRIATING SAID $34,721.00 TO THE GRANT FUND, GR76, ALLIANCE AIRPORT PHASE II, CENTER NO. 020218601010 SAID FUNDS TO BE USED FOR THE PURPOSE OF CHANGE ORDER NO. 32 FOR THE CONSTRUCTION OF ALLIANCE AIRPORT, PHASE II IMPROVEMENTS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall taken effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C C-12802 re There was presented Mayor and Council Communication No. C-12802 from the City cceptance of Manager submitting a tabulation of bids received for installation of Founder's Bridge onation from across the Trinity River; and recommending that the City Council authorize the City treams and Valleys Manager to accept a donation of $80,000.00 from the Streams and Valleys Committee and ommittee to place these funds into Park and Recreation. Improvements Fund GC05, Account No. 488022, Center No. 013050480010, Hike and Bike Trails, with these funds to be used to construct the Founder's Bridge across the Trinity River and 2,700 linear feet of concrete trail along the Trinity River; adopt an appropriation ordinance increasing estimated receipts in Park and Recreation Improvements Fund GC05, Account No. 488022, Center No. 013050480010, Hike and Bike.Trials by $80,000.00 and increasing appropriations in Park and Recreation Improvements Fund GC05, Account No. 541200, Center No. 080050480010, Hike and Bike Trails by $80,000.00 from increased revenues; and authorize the City Manager to execute a contract with Jim Bowman Construction Company, Inc., in the amount of $319,567.00 for the installation of Founder's Bridge across the Trinity River. Council Member Meadows requested that City Attorney Adkins advise him as to whether or not he has a conflict of interest in voting on Mayor and Council Communication No. C-12802 involving the acceptance of a donation from the Streams and Valleys Committee and advised City Attorney Adkins that he serves on the Board of Directors of the Streams and Valley Committee. City Attorney Adkins advised Council Member Meadows that he does not have a conflict of interest in voting on Mayor and Council Communication No. C-12802. (Note: See subsequent reconsideration and new vote.) Council Member Chappell made a motion, seconded by Council Member Gilley, that the recommendations, as contained in Mayor and Council Communication No. C-12802, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell introduced an ordinance and made a motion that it be Introduced an adopted. The motion was seconded by Council Member Gilley. The motion, carrying with ordinance 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council R-3 Page 363 36-1 Ordinance No. 10824 TUESDAY, APRIL 9, 1991 ORDINANCE NO. 10824 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE PARK AND RECREATION IMPROVEMENTS FUND, GC05, GIFTS AND DONATIONS, ACCOUNT NO. 488022, HIKE AND BIKE TRAILS, CENTER NO. 013050480010 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $80,000.00 AND APPROPRIATING SAID $80,000.00 TO THE PARK AND RECREATION IMPROVEMENTS FUND, GC05, CONSTRUCTION, ACCOUNT NO. 541200, HIKE AND BIKE TRAILS, CENTER NO. 080050480010 SAID FUNDS TO BE USED FOR THE PURPOSE OF CONSTRUCTING FOUNDER'S BRIDGE AND A TRAIL ALONG THE TRINITY RIVER; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall taken effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C FP -2800 There was presented Mayor and Council Communication No. FP -2800 from the City re contract with Manager stating that water line replacement in Stoney Bridge Road and Flaxseed Lane has been completed in accordance with plans and specifications under Contract No. 18221 L.D. Conatser Con- awarded to L. D. Conatser Contractors on December 11, 1990; and recommending that the tractors project be accepted as complete and that final payment be authorized in the amount of $11,525.87 to L. D. Conatser Contractors, with funds available in Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670171600 and Contract Encumbrance No. 18221, Account No. 541200. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2801 re There was presented Mayor and Council Communication No. FP -2801 from the City contract with Manager stating that the contract for drying bed repairs at Village Creek Wastewater Martin K. Eby Treatment Plant has been completed in accordance with plans and specifications under Construction Com- Contract No. 18145 awarded to Martin K. Eby Construction on September 25, 1990; and panyy recommending that the City Council accept the project as complete and that final payment be authorized in the amount of $40,228.01 to Martin K. Eby Construction Company, Inc., with funds available in Sewer Capital Improvement Fund PS58, Retainage Account No. 205000, Center No. 000580171310, and Contract Encumbrance No. 18145, Account No. 541200. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2802 was It was the consensus of the City Council that Mayor and Council Communication withdrawn No. FP -2802, Final Payment to Jeske Construction Company for the Access Road to Westland Ground Storage Reservoir, be withdrawn from the agenda. M&C FP -2803 re .There was presented Mayor and Council Communication No. FP -2803 from the City assessment of Manager stating that the assessment paving of May Street from Berry to Mulkey has been paving of May completed in accordance with plans and specifications under Contract No. 17573 awarded Street from Berry to Walt Williams Construction, Inc., on December 12, 1989; and recommending that the to Mulkey project be accepted as complete and that final payment be authorized in the amount of $23,787.44 to Walt Williams Construction, Inc., and that final assessment rolls be approved and the issuance of certificates in evidence of the special assessment levied against the abutting property owners of May Street from Berry to Mulkey be approved, with funds available in Grant Fund GR76, Retainage Account No. 205022, Center No. 000206081410; Street Improvement Fund GS67, Retainage Account No. 205053, Center No. 000670171200; Retainage Account No. 205053, Center No. 000670401630; and Retainage Account No. 205000, Center No. 000670401630. It was the consensus of the City Council that the recommendations be adopted. Mayor Bolen re Mayor Bolen announced that.the City of Fort Worth held its first meeting inviting First meeting re- citizens of Fort Worth to participate in the City's single -member redistricting districting pro- ' process; that the process involves two phases and solicits citizens input on the number cess of City Council districts most appropriate for City of Fort Worth in Phase II regarding single member district plans for consideration; and that citizen's guides are available in the Office of the City Secretary located on the third floor of City Hall. Reconsidered Council Member Zapata made a motion, seconded by Council Member Chappell, that M&C C-12798 Mayor and Council Communication No. C-12798 be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12798 re contract with There was presented Mayor and Council Communication No. C-12798 from the City Martin K. Eby Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 11 TO VILLAGE CREEK WASTEWATER TREATMENT PLANT, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-2, DIGESTERS AND THICKENERS (MARTIN K. EBY) Minutes of City Council R-3 Page 364 M&C C-12798 cont. r RECOMMENDATIONS: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $2,562 from Sewer Capital Improvement Fund PS56, Account No. 541200, Center No. 07056149010, Unspecified to Grant Fund GR76, Account No. 541320, Center No. 070214698040, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners; and 2. Authorize Change Order No. 11 in the amount of $2,561.70 to City Secretary Contract No. 16849 with Martin K. Eby Construction Co., Inc. for the Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase 1-B-2 Digesters and Thickeners revising the total contract cost to $15,137,806.60, and extending the time of completion by 53 calendar days. Project No.: PS54-070540160010 Background On November 22, 1988 (M&C C-11320), the City Council authorized the award of a contract to Martin K. Eby Construction Co., Inc. for the Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. Proposed Change Order After beginning construction, it was items in the contract. Those items are necessary to add, change and/or modify listed below. The contractor, Martin K. Eby Construction Co., Inc., will perform this additional work for $2,561.70 and 53 additional calendar days. The proposed changes are as follows: 1. Provide a two (2) year extension to contractor's warranty for the structural integrity of Digester No. 11 Dome $ -0- 2. 4 Construct temporary piping from pump P52 to suction header on digester feed pumps @ Lump Sum $2,519.00 3. Modify high level alarm for thickened sludge well @ Lump Sum $1,182.70 4. Delete motor or exhaust dampers in gas building @ a decrease ($1,140.00) Total Change Order $2,561.70 The net effect of the proposed change order is as follows: Original Contract Cost $15,250,000.00 Extras to Date $ 333,346.90 Credits to Date $ 448,102.00 Proposed Change Order No. 11 $ 2,561.70 Revised Contract Cost $15,137,806.60 The construction manager, Brown & Caldwell/Freese & Nichols, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS56, Account No. 541200, Center No. 070560149010, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $2,562.00, Sufficient funds will be available in Grand Fund GR76, Account No. 541320, Center No. 070214698040, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. Expenditures will be made from Account No. 541320. Council Member Zapata made a motion, seconded by Council Member Granger, that the recommendation, as contained in Mayor and Council Communication No. C-12798, 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, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council R-3 Page 365 36C TUESDAY, APRIL 9. 1991 NOT VOTING: Council Members Meadows and Gilley City Attorney Adkins advised the City Council that, after further consideration, Council Member Meadows should abstain from voting on Mayor and Council Communication No. C-12802 and requested that Mayor and Council Communication No. C-12802 be reconsidered in order to allow Member Meadows to abstain from voting. Council Member Chappell made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. C-12802 be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. ABSENT: None NOT VOTING: Council Member Meadows Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. ordinance 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10824 10824 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE PARK AND RECREATION IMPROVEMENTS FUND, GC05, GIFTS AND DONATIONS, ACCOUNT NO. 488022, HIKE AND BIKE TRAILS, CENTER NO. 013050480010 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $80,000.00 AND APPROPRIATING SAID $80,000.00 TO THE PARK AND RECREATION IMPROVEMENTS FUND, GC05, CONSTRUCTION, ACCOUNT NO. 541200, HIKE AND BIKE TRAILS, CENTER NO. 080050480010 SAID FUNDS TO BE USED FOR THE PURPOSE OF CONSTRUCTING FOUNDER'S BRIDGE AND A TRAIL ALONG THE TRINITY RIVER; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall taken effect and be in full force and effect from and after the date of its passage, and it is so ordained. It appearing to the City Council that Resolution No. 1710 was adopted by the City oning Hearing Council of the City of Fort Worth, Texas, on March 1, 1991, setting today as the date for hearing in connection with the recommended changes and amendments to Zoning Minutes of City Council R-3 Page 366 There was presented Mayor and Council Communication No. C-12802 from the City C-12802 re- Manager submitting a tabulation of bids received for installation of Founder's Bridge con sidered re con across the Trinity River; and recommending that the City Council authorize the City donation from Manager to accept a donation of $80,000.00 from the Streams and Valleys Committee and Streams and Valley, to place these funds into Park and Recreation Improvements Fund GC05, Account Committee No. 488022, Center No. 013050480010, Hike and Bike Trails, with these funds to be used to construct the Founder's Bridge across the Trinity River and 2,700 linear feet of concrete trail along the Trinity River; adopt an appropriation ordinance increasing estimated receipts in Park and Recreation Improvements Fund GC05, Account No. 488022, Center No. 013050480010, Hike and Bike Trials by $80,000.00 and increasing appropriations in Park and Recreation Improvements Fund GC05, Account No. 541200, Center No. 080050480010, Hike and Bike Trails by $80,000.00 from increased revenues; and authorize the City Manager to execute a contract with Jim Bowman Construction Company, Inc., in the amount of $319,567.00 for the installation of Founder's Bridge across the Trinity River. Council Member Zapata made a motion, seconded by Council Member Gilley, that the recommendation, as contained in Mayor and Council Communication No. C-12802, 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, Webber, and Chappell f I NOES: None ABSENT: None NOT VOTING: Council Member Meadows Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. ordinance 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10824 10824 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE PARK AND RECREATION IMPROVEMENTS FUND, GC05, GIFTS AND DONATIONS, ACCOUNT NO. 488022, HIKE AND BIKE TRAILS, CENTER NO. 013050480010 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $80,000.00 AND APPROPRIATING SAID $80,000.00 TO THE PARK AND RECREATION IMPROVEMENTS FUND, GC05, CONSTRUCTION, ACCOUNT NO. 541200, HIKE AND BIKE TRAILS, CENTER NO. 080050480010 SAID FUNDS TO BE USED FOR THE PURPOSE OF CONSTRUCTING FOUNDER'S BRIDGE AND A TRAIL ALONG THE TRINITY RIVER; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall taken effect and be in full force and effect from and after the date of its passage, and it is so ordained. It appearing to the City Council that Resolution No. 1710 was adopted by the City oning Hearing Council of the City of Fort Worth, Texas, on March 1, 1991, setting today as the date for hearing in connection with the recommended changes and amendments to Zoning Minutes of City Council R-3 Page 366 367 TUESDAY, APRIL 9, 1991 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, Mayor Bolen asked if there was anyone present desiring to be heard. Ms. Liza Rhima, 4302 Old Dominion, representing Bassiony Rhima, applicant for Ms. Liza Rhima re a change in zoning of property located at 2605 Mansfield Highway from "E" Z-91-007 Commercial to "PD/SU" Planned Development/Specific Use permitting all uses in the "E" Commercial District plus a hand car wash facility with auto detail and minor auto repair to be performed within the confines of a building provided that no banners or flags are installed on the property, that the only signage is on the same dimension and location as the existing Texaco sign, that the church sign is removed unless it is found to be a legal off -premise sign by Development Department investigation, that the site conforms to the landscaping, ingress, egress, parking, and closure of the Pecos Street access, with site plan required, Zoning Docket No. Z-91-007, appeared before the City Council and presented the City Council with a copy of the site plan and requested that the City Council give favorable consideration to the proposed zoning and requested that the site plan be waived. Mr. Joe Bilardi, Director of the Development Department, appeared before the Mr. Joe Rilardi City Council and advised the City Council he has no objection in the City Council re Z-91-007 waiving the site plan inasmuch as all of the stipulations set forth by the City Zoning Commission has been done according to the provisions of the ordinance. Council Member Webber made a motion, seconded by Council Member McCray, that the application of Bassiony Rhima for a change in zoning of property located at 2605 Mansfield Highway from "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District plus a hand car wash facility with auto detail and minor auto repair to be performed within the confines of a building provided that no banners or flags are installed on the property, that the only signage is of the same dimension and location of the existing Texaco sign, that the church sign is removed unless it is found to be legal off -premise sign by Development Department investigation, that the site conforms to the landscaping, ingress, egress, parking, and closure of the Pecos Street access, as shown by the site plan submitted, with site plan required, Zoning Docket No. Z-91-007, be approved, with waiver of site plan recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. L.E. Merrell Mr. L. E. Merrell, 124A Grapevine Highway, Hurst, Texas, representing re Z-91-016 P. Lajuana Streiff and Kern Medley, applicants for a change in zoning of property located at 413, 415, and 417 Hudgins Avenue from "B" Two -Family to "I" Light Industrial, Zoning Docket No. Z-91-016, appeared before the City Council and requested that the City Council give favorable consideration to the requested change in zoning. Correspondence from Mr. Jess Johnston re Z-91-016 Mayor Bolen read into the record correspondence from Mr. Jess Johnston, as follows: JESS Temporaries April 4, 1991 City Manager David Ivory Mayor Bob Bolen Members of the Fort Worth City Council City Hall - Municipal Building 1000 Throckmorton St. Fort Worth, Texas 76102 Re: Zoning #Z9116 Z91-016 Dear Sirs: It has come to my attention that this was zoned without P.D.S.U. It was zoned light industrial with no restrictions. This would allow a wrecker service or a bar to occupy the premises if this venture should fail. I own the property at 3501 Airport Freeway directly across the street and request that you add this restriction to safeguard the area. Respectfully yours, /s/ Jess Johnston Mayor Pro tempore Garrison ex€used himself from the City Council table at this time. Minutes of City Council R-3 Page 367 TUESDAY, APRIL 9, 1991 Mr. Ted Settle re Mr. Ted Settle, 2313 South Adams, appeared before the City Council and requested Z-91-017 that the. City Council give favorable consideration to the recommended change in zoning covered by Zoning Docket No. Z-91-017 and expressed opposition to any variations of the zoning as recommended by the City Zoning Commission. Council Member Gilley requested that the record show that he has expressed concern that the City Zoning Commission is trying to further dictate on PD/SU the use of on -premise signs and displays; that, in his opinion, the PD/SU ordinance is being overused; that the City Zoning Commission, in his opinion, should not dictate the exact placement of on -premise signs nor specificity of the case; and requested that the Department of Law review the use of PD/SU zoning. Mr. Joe Bilardi Joe Bi 1 ardi , Di rector of the Development Department, appeared before the Mr. Joe Bilardi reMr. City Council and advised the City Council that the request for I Light Z-91-016 Industrial on Zoning Docket No. Z-91-016 was required due to the outside storage. Council Member Granger made a motion, seconded by Council Member Chappell, Council Member that the application of P. Lajuana Streiff and Kern Medley for a change in zoning Chappell re of property located at 413, 415 and 417 Hudgins Avenue from "B" Two -Family to "I" Light Industrial, Zoning Docket No. Z-91-016, be continued for one week. When the Z-91-017 motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Garrison assumes his place at the Council table at this time. Mr. Mark Taylor re Mr. Mark Taylor, 4204 Harper, representing Marion J. Taylor, applicant for a Marion ,J , Taylor change in zoning in property located at 1800 West Berry Street from "E" Commercial to for Z-91-017 "PD/SU" Planned Developent/Specific Use permitting all uses in "E" Commercial plus used furniture and outside storage under a roofed -in and cyclone -fenced area attached to the east side of the building provided that no banners or flags are installed on the property, and that a screen fence be installed around the outside of the storage area, in place of the cyclone -fence, along the east and south side of the property, with waiver of site plan recommended, Zoning Docket No. Z-91-017, appeared before the City Council and requested that the City Council approve the zoning application with the removal of the restrictions and advised the City Council that surrounding properties are not restricted by the sign/banner restrictions on the "PD" zoning. Mr. Ted Settle re Mr. Ted Settle, 2313 South Adams, appeared before the City Council and requested Z-91-017 that the. City Council give favorable consideration to the recommended change in zoning covered by Zoning Docket No. Z-91-017 and expressed opposition to any variations of the zoning as recommended by the City Zoning Commission. Council Member Gilley requested that the record show that he has expressed concern that the City Zoning Commission is trying to further dictate on PD/SU the use of on -premise signs and displays; that, in his opinion, the PD/SU ordinance is being overused; that the City Zoning Commission, in his opinion, should not dictate the exact placement of on -premise signs nor specificity of the case; and requested that the Department of Law review the use of PD/SU zoning. Mr. Joe Bilardi Mr. Joe Bilardi, Director of the Development Department, appeared before the City re Z-91-017 Council and advised the City Council that the PD/SU ordinance normally is based on a specific location or how the City Zoning Commission feels likes these particular conditions might impact that area. Council Member Council Member Chappell made a motion, seconded by Council Member Granger, that Chappell re the application of Marion for a change in zoning of property located at 1800 �J."Taylor West Berry Street from E Commercial to PD/SU Planned Developent/Specific Use Z-91-017 permitting all uses in "E" Commercial plus used furniture and outside storage under a roofed -in and cyclone -fenced area attached to the east side of the building provided Council Member Gilley re Z-91-018 that no banners or flags are installed on the property, and that a screen fence be installed around the outside of the storage area, in place of the cyclone -fence, along the east and south side of the property, with waiver of site plan recommended, Zoning Docket No. Z-91-017, be approved, with the understanding that the owner relays to the tenant that the banners are prohibited. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger expressed her concern about the current use of PD -SU Ordinance to rezone property that previously would not be rezoned. Mr. Joe Bilardi Mr. Joe Bilardi, Director of the Development Department, appeared before the City re Z-91-018 Council and advised the City Council that the application of A & B Plumbing, Inc., for a change in zoning of property located at 306-310 North Beach Street from "B" Two -Family and "PD/SU" Planned Development/Specific Use PD -22 permitting all uses in "E" Commercial and indoor storage and a warehouse to be located on the rear portion of the property, and an office to be located on the front portion of the property, subject to erection of an 8' screening fence on the eastern boundary of the property to "PD/I" Planned Development/Light Industrial, with site plan required, Zoning Docket No. Z-91-018, was for an expansion of the business to the north. Council Member Council Member Granger made a motion, seconded by Council Member Zapata, that the Granger re Z-91-011 application of A & B Plumbing for a change in zoning of property located at 306-310 North Beach Street from "B" Two -Family and "PD/SU" Planned Development/Specific Use PD -22 permitting all uses in "E" Commercial and indoor storage and a warehouse to be located on the rear portion of the property, and an office to be located on the front portion of the property, subject to erection of an 8' screening fence on the eastern boundary of the property to "PD/I" Planned Development/Light Industrial, with site plan required, Zoning Docket No. Z-91-018, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley re Z-91-018 Council Member Gilley 4xpressed his concerns regarding the City Zoning Commission moving away from zoning the uses of the land and/or seemingly moving more to the development of the land and that in his opinion, the site plan deals with the development and whether or not the site plan is compatible and that the zoning is for the use of the land. Minutes of City Council R-3 Page 368 36< TUESDAY, APRIL 9, 1991 Mr. Joe Bilardi, Director of the Development Department, appeared before the City r. Joe Bilardi Council and advised the City Council that the proposed amendment to the Zoning e Z- 91-019 Ordinance Text by amending Section 2H, "PD/SU" Planned Development District to provide for required site plan review by the City Zoning Commission, Zoning Docket No. Z-91-019, could serve to expedite the process whereby the applicant could submit an application for the zoning change and site plan approval at the same time, which under the current ordinance, the site plan is submitted to the City Plan Commission for approval; and stated that the City Zoning Commission feels that the review of the site plan should be done at the same time that the review of the actual use of the land takes place; and stated that, at times, the City Zoning Commission negotiates process with the neighborhood; and that staff is neutral on the issue in Zoning Docket No. Z-91-019. r. Bruce McClendonMr. Bruce McClendon, Director of Planning and Growth Management, appeared before e Z-91-019 the City Council and advised the City Council that, from a technical standpoint, the determination of compatibility and functions are zoning criterias that are used in determining the underlying zoning and also in implementation of a site plan; that the City of Fort Worth is unique in having a City Plan Commission; and that the staff is neutral on the issue as raised in Zoning Docket No. Z-91-019. There being no one else present desiring to be heard in connection with the Ordinance Text Amendment change, Zoning Docket Z-91-019 by amending Section 2H, "PD/SU" Plan Development District to provide for required site plan review by the City Zoning Commission; Council Member Zapata made a motion, seconded by Council Member Granger, that the hearing on Zoning Docket No. Z-91-019 be continued until May 7, 1991, in order for the City Council to conduct a work session on the issue raised by Zoning Docket No. Z-91-019. r. Brent Dickey r Mr. Brent Dickey, 3320 McLean, appeared before the City Council and expressed opposition to the use of the PD -SU ordinance by some bars to escape the new requirements of the new bar zoning ordinances. When the motion, that the hearing on Zoning Docket No. Z-91-019 be continued until May 7, 1991, in order for the City Council. to conduct a work session on the issue raised by Zoning Docket No. Z-91-019, was put to a vote by the Mayor, it prevailed unanimously. Mayor Bolen excused himself from the Council table at this time and Mayor Pro tempore Garrison assumed the chair. Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10825 10825 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST'SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Minutes of City Council R-3 Page 369 3'r 0 TUESDAY, APRIL 9, 1991 Ordinance No. 10825 cont. Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall, constitute a separate offense. Mr. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhatten, representing Jesse L. (Owens) Taylor, Hopkins re applicant for a change in zoning of property located 5731 Locke Avenue from "E" Z-91-015 Commercial to "F" Commercial, Zoning Docket No. Z-91-015, which application was recommended for denial by the City Zoning Commission, appeared before the City Council and requested that the City Council set a special hearing and introduced into public record a police report and stated that, out of about 89 pages, thre are no incidences regarding a complaint at the Pig -N -Whistle Club and advised City Council that he has a petition with over 2,300 names that he will be willing to submit if Council decides to hold a special hearing. Mr. J.T. Bonner Mr. J. T. Bonner, 2258 Capri Drive, appeared before the City Council and requested re Z-91-015 that the City Council reject the appeal and requested that the City Council vote in favor of the City's Zoning Commission recommending denial of Zoning Docket No. Z-91-015. Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean Street, appeared before the City Council and expressed opposition to the application of Jesse L. (Owens) Taylor for a change in re Z-91-0 15 zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. Ms. Erarose Smith Ms. Erarose Smith, 5901 Locke Avenue, appeared before the City Council and expressed opposition to the application of Jesse L. (Owens) Taylor for a change in r e Z-91- 015 zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. Ms. Helen Harring- Ms. Helen Harrington, 303 West 10th Street, appeared before the City Council and ton re Z-91-015 expressed support of the application of Jesse L. (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. Ms. Debbie Patton- I Ms. Debbie Patton -Shelly, 4400 Ridgehaven Road, appeared before the City Council Shelly re Z-91-015 in support of a special hearing for the application of Jesse L. (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. There being no one else present desiring to be heard in connection with the application of Jesse L. (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015, Council Member Meadows made a motion, seconded by Council Member Chappell, that Zoning Docket No. Z-91-015 be set for a special hearing before the City Council on May 14, 1991. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Zapata, that the City Council deny the application of Dr. Allen P. Schuster for a change in zoning of property located at 3229 and 3233 South University Drive from "C" Multi -Family to "E -R" Restricted Commercial, Zoning Docket No. Z-90-100, which application was recommended for denial by the City Zoning Commission. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C OCS-266 re I There was presented Mayor and Council Communication No. OCS-266 from the office of closed first the City Secretary stating that Mayor and Council Communication No. G-9087 was approved public hearing by City Council on March 26, 1991, approving the timetable for the contemplated annexing Thomas annexation of 2.464 acres of the Thomas Waldon Survey into the City of Fort Worth; that Walden Survey notice of the first public hearing was published in the Fort Worth Star -Telegram on March 27, 1991; that the property is located south of Keller -Haslet Road and east of I -35W and, if annexed, it would become a part of City Council District No. 2 and that the hearing is before the City Council at this time. Mayor Bolen.asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the annexation of Thomas Walden Survey, Abstract No. 1921 (2.464 acres) Council Member Gilley made a motion, seconded by Council Member Meadows, that the hearing be closed. Ms. Wanda Bell re Ms. Wanda Bell, 6009 Trail Lake Drive, appeared before the City Council and opposition of expressed opposition to Texas Senate Bill 862 and read to the City Council a resolution Texas Senate Bill for her immediate consideration and action. 862 and presented a resolution Mayor Pro tempore Garrison advised Ms. Bell that the City Council could not act on her proposed resolution today inasmuch as it is not on the agenda but stated that, if it is the City Council's wishes to act on the resolution, an item will be placed on the agenda for a subsequent City Council meeting. Ms. Debbie Sanders Ms. Debbie Sanders, 1901 Alston, appeared before the City Council and advised the re duplicate ci- City Council that she received duplicate citations in the mail today regarding the to tions I fence that she had constructed in her front yard. Minutes of City Council R-3 Page 370 ity Manager Ivory e Ms. Sanders dditional cita- ions et in closed or xecutive session econvened into egular session djourned :3'>1 TUESDAY, APRIL 9, 1991 City Manager Ivory advised Ms. Sanders that he is unaware that additional citations were sent out and that he would discuss the matter with her privately. It was the consensus of the City Council that the City Council recess into closed or executive session to seek the advice of its attorneys concerning anticipated litigation due to the Fort Worth Water Garden Park incident of March 21, 1991, as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with all members present. There being no further business, the meeti Minutes of City Council R-3 Page 371