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HomeMy WebLinkAbout2007/03/27-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:08 a.m. on Tuesday, March 27, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item H The invocation was given by Pastor Billy Taylor, Sagamore Hill Baptist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of March 20, 2007, were Minutes approved unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Council Member Jordan presented a Certificate of Recognition for Harmony Special Science Academy to Dr. Eski, Harmony Science Academy. Four students from Presentations the academy provided musical entertainment for the Council and audience while another explained her science project. (Council Member Davis assumed her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 2 of 23 Mr. Greg Contreras, representing the Construction Research Center of the University of Texas at Arlington, presented the Building Official/Building Inspector of the Year Award to Mr. Clyde Lackey, Plumbing Chief, City of Fort Worth. Mr. Lackey expressed appreciation for the award and stated that it had been an honor working and living in the City of Fort Worth. Council Member Espino presented a Proclamation for Flood Safety Awareness Month to Greg Simmons, Assistant Director, Transportation and Public Works Department. Mayor Moncrief recognized several 7 t grade students from the Applied Learning Academy. He explained that the academy was a Fort Worth Independent School District magnet school and that the students were part of a Career Investigations Class. The students that coordinated the trip were Kershayla Lane, Jordan Garrett, Jude Wentz and Reagann Bauchmann. Agenda Item VI Council Member Espino announced that a meeting about the widening of Announcements Golden Triangle Boulevard from I-35 to US 377 would be held tonight at 7:00 p.m. at the Chapel Assembly of God across from the Crawford Farms Subdivision. He also announced that Cesar Chavez Day would be celebrated on March 31, 2007, and stated there would be various activities held throughout the day in District 2. Council Member Silcox expressed appreciation to City Manager Boswell and Police Chief Ralph Mendoza for sending a contingent of Fort Worth Police Officers to Dallas to participate in the funeral procession for Senior Corporal Timothy Nix. He also announced that public hearings would be held on April 2 and 3, 2007, at 7:00 p.m. at Brewer High School, 1025 West Loop 820 North, relative to the Joint Land Use Study. He added that the purpose of the hearings was to discuss issues and receive input and recommendations from the public around the Joint Reserve Base on future land use restrictions. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from G-15650 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15650 be withdrawn from consideration. Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 3 of 23 Agenda Item IX Upon a motion made by Council Member Davis, seconded by Council Member Consent Agenda Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1599 M&C OCS-1599 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15647 M&C G-15647 - Adopting Resolution No. 3467-03-2007 ratifying the lawsuit Res. No. 3467-03- entitled City of Fort Worth, et al., v. Greg Abbott, Attorney General of Texas, 2007 Cause No. D-1-GN-07-000814, filed in Travis County District Court pursuant Ratify Lawsuit to Chapter 552 of the Texas Government Code, regarding release of DNA Entitled City of records. Fort Worth, et al., v. Greg Abbott, Attorney General of Texas, Cause No. D-1-GN-07- 000814 G-15648 M&C G-15648 - Approving the settlement of all claims in the lawsuit entitled Settlement of City of Fort Worth v. Martin Justin Properties, L.L.C., Northwest Independent Lawsuit Entitled School District (ISD), and Denton County, Texas, Cause No. ED-2006-00765 City of Fort in Probate Court of Denton County, Texas, arising from the condemnation of Worth v. Martin property owned by Martin Justin Properties, L.L.C., needed for a permanent Justin Properties, water easement and temporary construction easement. L.L.C., Northwest ISD and Denton County, Texas, Cause No. ED- 2006-00765 G-15649 M&C G-15649 - Adopting Appropriation Ordinance No. 17456-03-2007 Ord. No. 17456- increasing estimated receipts and appropriations in the Special Trust Fund in 03-2007 the amount of $50,000.00 from available funds for the purpose of funding Distribute FitFuture KIDS Fest on November 3, 2007, at Will Rogers Memorial Center; FitFuture KIDS authorizing the use of this money in promotion and execution of the FitFuture Fest Sponsorship KIDS Fest; and waiving any indirect costs to allow maximum use of funds Funds towards delivery of this community event. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 4 of 23 P-10549 M&C P-10549 - Authorizing the purchase, installation and maintenance of a Covert Wireless covert wireless video surveillance system from Virtual Surveillance for the Video Surveillance Code Compliance Department based on best value for a cost not to exceed System $37,172.00 with freight included in unit prices and payment due 30 days after receipt of invoice. P-10550 M&C P-10550 - Authorizing a purchase agreement for Bullard thermal imagers Bullard Thermal and accessories from Metro Fire Apparatus Specialists, Inc., through the Imagers and Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; Accessories and authorizing the agreement to begin March 20, 2007, through HGAC's established expiration date October 21, 2008. L-14297 M&C L-14297 - Authorizing the acquisition of three vacant residential lots and Acquire Vacant one mobile home property located at 3157 Weber Street, contained in Tract I: Residential Lots Lots 9 and 10, Block 3, Morgan Heights Addition, and Tract II: Lots 11-R and an Mobile Home 12-R, Block 3, Shoe and Leather Company's Addition for drainage Property for improvements to the Lebow Channel (DOE 4623, Project No. 00084); finding Drainage that the price offered in the amount of $55,000.00, plus an estimated closing Improvements to cost of$3,000.00 is just compensation; authorizing the execution of a purchase the Lebow agreement with the owners and the acceptance and recording of appropriate Channel instruments; and authorizing temporary closure of Vera Cruz Street from Weber Street through Schadt Street and Schadt Street from Vera Cruz Street North to its Dead-End until May 1, 2008. C-22022 M&C C-22022 - Approving the correction of M&C C-21990 to authorize the Correct M&C C- City Manager to execute a contract with Hellmuth, Obata+Kassabaum, L.P., in 21990 - Hellmuth, an amount not to exceed $200,000.00 for the preparation of redevelopment Obata + plans and implementation strategies for the Southwest Cluster of Urban Kassabaum, L.P. Villages (Hemphill/Berry, Berry/University, Bluebonnet Circle, and Ridglea). C-22023 M&C C-22023 - Authorizing the City Manager to execute one grant contract Ord. No. 17457- with the United Way of Tarrant County and accept funding in the amount of 03-2007 $8,286.86 for the promotion and execution of the FitFuture KIDS Fest for a United Way of period to begin January 1, 2007, and end December 30, 2007; adopting Tarrant County Appropriation Ordinance No. 17457-03-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $8,286.86 from available funds for the purpose of executing a contract with the United Way of Tarrant County for FitFuture Kids Fest on November 3, 2007, at Will Rogers Memorial Center; waiving any indirect costs to allow maximum use of funds towards delivery of this community event; and returning any interest accrued, resulting for the lump sum payment, to the United Way of Tarrant County at the end of 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 5 of 23 C-22024 M&C C-22024 - Authorizing the City Manager to execute an unimproved Paul Karmy ground lease agreement with mandatory improvements for 17,600 square feet with Mr. Paul Karmy for an aircraft maintenance and storage hangar at Fort Worth Spinks Airport. C-22025 M&C C-22025 - Authorizing the City Manager to execute an office lease Spinks Jet agreement with Spinks Jet for office suites B, C, G and H along with storage area at Fort Worth Spinks Airport. C-22026 M&C C-22026 - Authorizing the Water Department's continued participation Water and membership in the Water Environment Research Foundation at a Environment membership fee of$35,827.00; and authorizing five additional annual renewals, Research dependent upon budget appropriation. Foundation C-22027 M&C C-22027 - Authorizing the City Manager to accept additional grant funds Ord. No. 17458- from the Texas Department of Housing and Community Affairs in an amount 03-2007 not to exceed $381,845.00 for the Fiscal Year 2007 Community Services Block Texas Department Grant program; adopting Appropriation Ordinance No. 17458-03-2007 of Housing and increasing estimated receipts and appropriations in the Grants Fund in the Community amount of $381,845.00 subject to receipt of the Grant from the Texas Affairs Department of Housing and Community Affairs, for the purpose of funding the Community Services Block Grant program; and applying indirect costs to the additional grant funds at a rate of 19.18 percent, which represents the most recently approved rate for this department, and apply the new approved rate when available. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Presentations by Burdette, that the following individuals be appointed/reappointed to the City Council Mayor's Commission on Persons With Disabilities effective March 27, 2007, Appointments and with terms expiring as stated: Mr. Doug Knott Place 16 October 1, 2008 Mr. Ray-Kent Troutman Place 15 October 1, 2007 Ms. Isabell Montgomery Place 1 October 1, 2007 The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 6 of 23 C.P. 265 There was presented Council Proposal No. 265, dated March 20, 2007, Amend City Policy proposing that the City Council direct staff to prepare an amendment to the Concerning current policy establishing the allocation of revenues generated from the Allocation of Gas Barnett Shale and oil and gas operations on City property within the City limits Well Drilling and extraterritorial jurisdiction and draft proposed legislation to amend the Revenues and Texas Government and Property Codes to enable investment of endowment Amend State Law funds established by oil, gas or other mineral lease revenues. Concerning Investment of Council Member Jordan stated that there was no action required by the Council Revenues on this matter at this time. Council Member Davis stated that given that City staff had given the Council a recommendation on the procedure in which to go forward to receive input from financial expertise and the community, she inquired why the Council Proposal was not withdrawn or tabled instead of it recurring each week. She asked Council Member Jordan if it was his intention to vote on the Council Proposal as it presently stood in spite of the staff s recommendation. Council Member Jordan stated that it was his intent to vote on the matter as it was originally presented at next week's meeting. C.P. 267 There was presented Council Proposal No. 267, dated March 20, 2007, Action Delayed proposing that the Fort Worth City Council communicate its concerns and Until After comments in regards to Senate Bill 976, a Bill relating to the public retirement Executive Session system of certain municipalities that would have significant impact on the administration of the City of Fort Worth Retirement Fund prior to consideration of the Bill in the Texas Senate. Mayor Moncrief advised that action on Council Proposal No. 267 would be delayed until after the Executive Session and the Council completed discussion on the issue upon continuation of the Pre-Council Worksession. He added that citizen presentations would be heard at this time. The following individuals appeared before Council in opposition of Council Proposal No. 267. They expressed concern that the Council Proposal would not give the General Employees a voice on their retirement benefit. They addressed speculation of mismanagement of the fund, the effect of overtime on the fund and that that there was a structural problem with the fund, not a management problem. They added that Senate Bill 976 was just bad legislation and would have a negative impact on the General Employees of the City of Fort Worth. They requested that Council vote in opposition of Council Proposal 267 and to Senate Bill 976. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 7 of 23 Marsha Anderson, Ms. Marsha Anderson 770 Deauville Circle Cynthia Sanchez, Ms. Cynthia Sanchez 2611 NW 25th Street Christine Taylor, Ms. Christine D. Taylor 4932 Cape Street Joe Gonzales, Mr. Joe Gonzales 3913 James Avenue Garland Asher, (Was recognized by Mayor Moncrief,but was not present in Council Chamber.) Robert Botello, Mr. Garland P. Asher 2300 Mistletoe Drive Juan Aguilar, Mr. Robert Botello, Jr. 213 Lockwood Street Vincent Chasteen, (Was recognized by Mayor Moncrief,but was not present in Council Chamber.) Minnie Hodge, Mr. Juan Aguilar 3061 Weber Street Frank Crumb, (Was recognized by Mayor Moncrief,but was not present in Council Chamber.) Kevin Hansen, Mr. Vincent Chasteen 2933 Wilkinson (President, General Employees' Association) Joy Whitfield, Ms. Minnie Nealy Hodge 5305 Mansel Lane Gloria Pearson (President, Coalition of Retired Employees) Mr. Frank Crumb 1721 Martel (Represented Water Department Employees) Mr. Kevin Hansen 11505 Dark Leaf Court East (Vice Chairman,Employee Retirement Board) Ms. Joy Whitfield 439 E. Bethesda Road Ms. Gloria Pearson 1332 Rio Grande Drive Jim Tate Mr. Jim Tate, 417 N. Retta, representing the Fort Worth Firefighters' and Police Officers' Associations, appeared before Council in opposition to the Council Proposal but expressed support of the proposed changes to the committee substitute Senate Bill 976. The following individuals also signed presentation cards in opposition of this issue, but did not wish to address the Council: Ms. Audrey Barbee 2608 Pioneer Street Ms. Linda Taylor 2323 Ridgmar Boulevard Ms. Theresa Goolsby 4416 Lake View Drive Ms. Olga Narez 1613 Gould Avenue Ms. Pamela Jones 2112 Glencrest Drive Ms. Jackie McCarthy 4209 Rowan Drive Mr. Eugene Merritt 1000 Throckmorton Street Ms. Barbara Zamora 436 Plainview Drive, Hurst, TX Ms. Bobbie Montgomery 516 Deer Creek Road, Everman, TX Ms. Sandra Youngblood 7795 Rendon Oaks Drive, Burleson, TX Mr. Edgar Garcia 6761 Woodsmoke Way Ms. Vandolyn Tave 3053 Meadowbrook, Grand Prairie, TX Mr. James Aldredge 9355 Jacksboro Highway Ms. Gwendolyn Hayward 7504 Rock Garden Trail Ms. Kathy Davenport 4903 Ledgestone CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 8 of 23 Mr. Pedro Urbina 4808 Westlake Drive Mr. Gerald Sanders 3003 Ross Avenue Ms. Jean Petr P.O. Box 350, Keene, TX Mr. Darich Levan 6628 Levitt,Watauga,TX Ms. Evelyn Caldwell 4813 Fair Park Boulevard Mr. M. A. Torrez 567 Joy Drive Ms. Cammie Carter 9228 Marilyn Drive,White Settlement, TX Mr. Frank Bernal 2002 Prairie Avenue Mr. Peter Carlson 7445 Kell Drive Ms. Cindy Robinson 1226 Westlake Road, Cleburne, TX Mr. Darrell Davis 4851 Cedar Springs 4277, Dallas, TX Ms.Neona Rhodes 1922 San Rafael Street Mr. Reynaldo L. Reyes 5440 Kingsknowe Parkway Mr. Anthony Garma 2300 Ridgmar Plaza 41324 Mr. Chris Houser 261 Gail Drive,Weatherford, TX Mr. Chris Latchaw 4004 Dexter Avenue Mr. Fred Griffin 510 Gholson Road, Millsap, TX Ms. JoAnn Biard 721 Red Oak Lane,Weatherford, TX Ms. Laura B. Chavez 709 Evergreen Drive, Hurst, TX Ms. Jill D. Griffin 510 Gholson Road, Millsap, TX Mr. Victor Gutzler 3227 Serpis, Grand Prairie, TX Ms. Carmen Olivo 4400 Fair Park Boulevard Mr. Enrique Duran 1213 Monterrey Boulevard, Euless, TX Ms. Bertha A. Vasquez 2009 Grainger Street Ms. Becky Wood 669 Rapid Way, Crowley, TX Mr. Victor A. Benavides 2829 Wren Avenue Ms. Joni May 368 Lois Lane,Weatherford, TX Mr. Eric Torres 900 Minden Street Ms. Pamela Forehand 532 Kimbrough Street Ms. Felicita Olivas 5601 Birchman Avenue Apt 210 Ms. Judy Burns 7316 Bursey Road,N. Richland Hills, TX Mr. Riad Nusrallah 1102 Mildred Lane, Benbrook, TX Ms. Julie Westerman 5725 Oakleaf Drive 42106 Mr. Najib Fares 7204 Jamaica Way,N. Richland Hills, TX Ms. Adriana Olilvas 3106 NW 30'h Street Mr. Patrick Flusche 1000 Throckmorton Street Mr. Mitch Montgomery 5403 Juniper Court, Colleyville, TX Mr. George Sturgeon 143 Deer Trail, Springtown, TX Mr. Toby Phillips 616 Frontier Mr. Michael Castillo 412 W. Mulkey Mr. Arturo Mendez 5612 Houghton Avenue Mr. Gabriel Flores 2689 Canberra Court Mr. Bill Matysek 602 Doyle Springs, Granbury, TX Mr. Keith Norman 3634 Landers Lane, Arlington, TX Mr. Jesse D. Guyden 1541 Milmo Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 9 of 23 Mr. Toby Crabtree 5704 Macneill Drive, Haltom City, TX Mr. Jose A. Alvarado 4813 Langley Road Mr. David Darison 3331 Brett Jackson, Crowley, TX Mr. Eddie Saenz 331 CR 4790, Boyd, TX Mr. Frank Ramirez 2805 Primrose Avenue Mr. Rick Harding 3305 Wren Avenue Mr. T. K. Reynolds 333 Sanger Road, Springtown, TX Mr. Andres Garcia 2205 Grayson Ms. Brenda Midgett 6036 Graham Street Mr. Joe Simon 7112 Foster Drive Mr. Duane F. Rubeor 2 Red Oak Court, Mansfield, TX Mr. Juan Ochoa 5028 Panola Mr. Cal Peterman 126 Woodland Drive, Burleson, TX Mr. Ty Goodwin 1041 Westgrove, Saginaw, TX Mr. Danny Zepeda 1701 Bluebonnet Drive Mr. Mitchell T. Ealy 2825 S. Meadow Drive Ms. Bobbye Carter 1808 North Fork Road, Saginaw, TX Mr. Alfredo Govea 101 N. Roaring Springs Road 48105 Ms. Sheree D. Collins 6921 Sandstone Court Ms. Angela Sherman 908 LaSierra Drive, Crowley, TX Mr. Willie B. Rockwell 1036 E. Leuda Street Mr. Saul Rodriguez 6433 Bramble Drive Mr. Gary Wilcox 405 Bodart Lane Mr. Carl N. Johnson 8982 Hialeah Circle S,N. Richland Hills, TX Mr. Gary Davis 806 N. Cummings Apt 23, Alvarado, TX Mr. Frank Brock 2650 Hickory Street, Rhome, TX Mr. Anthony Vasquez 4017 Country Lane Mr. Joe Radenz 410 Kaether Lane, Alvarado, TX Mr. Miguel Salinas 4936 Flagstone Mr. Jerry M. Simons 137 Sunny Meadows Drive, Burleson, TX Mr. Gilbert Gutierrez 5420 Post Ridge Drive Mr. Paul Leger 3904 Vista Ridge Lane, Alvarado, TX Mr. Larry Block 6565 Ridglea,Watauga,TX Mr. Augustus Mitchell 6045 Rickenbacker Place Mr. Mike Pease 813 E. Glendale, Crowley, TX Mr. Ray Robertson 121 Pecan, Azle, TX Mr. Tony Salomon 4615 Shorewood, Arlington, TX Mr. Mark Crocker 1905 Ridgebrook Drive, Arlington, TX Mr. Sam Steele 4320 Bellaire Drive South 4231 Ms. Stephanie M. Givens 2316 Armstrong Road, Grand Prairie, TX Mr. Louis Ramsey P.O. Box 50024 Mr. Antonio Martinez 3901 Lisbon Mr. Robert Bos 604 Deer Pond Drive,Willow Park,TX Mr. Steve Guin 103 Red Bird Lane Ms. Ines Roach 5615 Colebrook Trail, Arlington, TX CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 10 of 23 Mr. David Jackson 925 Skelley, Crowley, TX Ms. Diana Gomez 2901 Lulu Street Mr. Roger G. Weldon 513 Park Meadow Drive, Crowley, TX Mr. Jaime Aguillon 3704 8th Avenue Ms. Sarah Odle 112 Suttonwood Drive (Note: See further discussion and action on page 18.) Recessed/ Mayor Moncrief recessed the meeting at 11:22 a.m. and reconvened the Reconvened meeting at 11:26 a.m. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented an ordinance amending Ordinance No. 17395-02-2007; Ord. No. 17459- Ordinance No. 17411-02-2007; and Ordinance No. 17430-03-2007 ordering a 03-2007 general election by the qualified voters of the City of Fort Worth, Texas, on Amend Ord. No. Saturday, the 12th day of May, 2007, for the purpose of electing the Mayor and 17395-02-2007, Council Members for the City of Fort Worth to change and add early voting 17411-02-2007 and locations and times. 17430-03-2007 Ordering a Council Member Davis made a motion, seconded by Council Member Burdette, General Election that Ordinance No. 17459-03-2007 be adopted. The motion carried on May 12, 2007, unanimously nine (9) ayes to zero (0) nays. for Purpose of Electing Mayor and Council Members to Change and Add Early Voting Locations and Times AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15650 It was the consensus of the City that Mayor and Council Communication No. Withdrawn from G-15650, Authorize the Use of Existing Revenue Derived from Natural Gas Consideration Well Leases on City Owned Airport Properties for Funding of the Aviation Storm Water Utility Fee for Fiscal Year 2006-2007 and Adopt Appropriation Ordinance, be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 11 of 23 G-15651 There was presented Mayor and Council Communication No. G-15651 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for the Morningside neighborhood Morningside from "A-5" One-Family, "A-5/HC" One-Family Historic Overlay, "B" Two- Neighborhood in Family, "B/HC" Two-Family/Historic Overlay, "CF/HC" Community Facilities Accordance with Historic Overlay, "ER" Neighborhood Commercial Restricted, "ER/HC" 2007 Neighborhood Commercial Restricted Historic Overlay, "E" Neighborhood Comprehensive Commercial, "E/HC" Neighborhood Commercial Historic Overlay, "I" Light Plan Industrial and "J" Medium Industrial to "A-5" One-Family, "A-5/HC" One- Family Historic Overlay, "CF/HC" Community Facilities Historic Overlay, "ER" Neighborhood Commercial Restricted, "ER/HC" Neighborhood Commercial Restricted Historic Overlay, "E" Neighborhood Commercial, "E/HC" Neighborhood Commercial Historic Overlay, and "FR" General Commercial Restricted, in accordance with the 2007 Comprehensive Plan. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15651 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15652 There was presented Mayor and Council Communication No. G-15652 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for the Wedgwood South Wedgwood South neighborhood from "A-5" One-Family and "CF" Community Facilities to "A- Neighborhood in 10" One-Family and "A-7.5" One-Family in accordance with the 2007 Accordance with Comprehensive Plan. 2007 Comprehensive Council Member Jordan made a motion, seconded by Council Member Silcox, Plan that Mayor and Council Communication No. G-15652 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing G-15653 designating the Berryhill/Mason Heights area as Neighborhood Empowerment Res. No. 3468-03- Reinvestment Zone No. 34. Mayor Moncrief opened the public hearing and 2007 asked if there was anyone present desiring to be heard. Ord. No. 17460- 03-2007 Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Designate before Council, gave a staff report and called attention to Mayor and Council Berryhill/Mason Communication No. G-15653 as follows: Heights Area as There was presented Mayor and Council Communication No. G-15653 from Neighborhood the City Manager recommending that the City Council adopt a resolution Empowerment designating the Berryhill/Mason Heights area as a Neighborhood Reinvestment Empowerment Zone (NEZ); hold a public hearing concerning the designation Zone No. 34 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 12 of 23 of the Berryhill/Mason Heights area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 34; and adopt an ordinance designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 34, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15653 be approved, and Resolution No. 3468-03-2007 and Ordinance No. 17460-03-2007 be adopted, with appreciation to Jerome Walker, Housing Department Director and his staff for their work on this issue. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15654 renew the Ridglea Village/Como Neighborhood Empowerment Reinvestment Ord. No. 17461- Zone No. 2. Mayor Moncrief opened the public hearing and asked if there was 03-2007 anyone present desiring to be heard. Renew Ridglea Village/Como Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Neighborhood before Council, gave a staff report and called attention to Mayor and Council Empowerment Communication No. G-15654 as follows: Reinvestment Zone No. 2 There was presented Mayor and Council Communication No. G-15654 from the City Manager recommending that the City Council hold a public hearing concerning the renewal of the Ridglea Village/Como area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2; and adopt an ordinance renewing and re-designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 2, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Agreement, Tax Code, Chapter 312. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Scarth, that the public hearing be closed, Mayor and Council Communication No. G-15654 be approved and Ordinance No. 17461-03-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 13 of 23 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15655 authorize conversion of 5,000 square feet of parkland at Marion Sansom Park Convert Parkland for the purpose of constructing a sanitary sewer lift station in the northwest at Marion Sansom portion of the park. Mayor Moncrief opened the public hearing and asked if Park for there was anyone present desiring to be heard. Construction of a Sanitary Sewer Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Lift Station in Services Department, appeared before Council, gave a staff report and called Northwest Portion attention to Mayor and Council Communication No. G-15655, as follows: of Park There was presented Mayor and Council Communication No. G-15655 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands; find that no feasible or prudent alternative exists for providing the needed conversion of 5,000 square feet of parkland in Marion Sansom Park for the construction of a sanitary sewer lift station in the northwest portion of the park; find that the proposed conversion includes all reasonable planning to minimize harm to Marion Sansom Park; and close the public hearing and authorize the City Manager to convert 5,000 square feet of dedicated parkland for the construction of a sanitary sewer lift station in Marion Sansom Park being a portion of Block 1, Lake Worth Leases, situated in the A. Van Nordstrand Survey, Abstract No. 1583, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-15655 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14298 There was presented Mayor and Council Communication No. L-14298 from the City Manager recommending that the City Council authorize the direct sale of two tax-foreclosed properties described as Block 1, Eastcrest Subdivision and Tract 9GH Assabranner Survey at the corner of East Berry Street and Village Creek Road in east Fort Worth in accordance with Section 34.05 of the Texas State Property Tax Code to Mountain Tabor Christian Center (DOE 920) for the amount of $274,278.42; and authorize the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 14 of 23 Mayor Moncrief advised that action on Mayor and Council Communication No. L-14298 would be delayed until after the Executive Session and upon discussion during the continuation of the Pre-Council Worksession. He added that citizen presentations would be heard at this time. The following individuals appeared before Council in support of this issue. They requested Council favorably consider selling the property to the church to allow the church to move forward and bring development to the area. Elvis Bowman, Pastor Elvis Bowman 2513 S. Edgewood Terrace Kenneth Spears, Bishop Kenneth Spears 2401 E. Berry Street Alexander Davis Mr. Alexander Davis 4917 Old Mansfield Road (Note: See further discussion and action on page 17.) C-22028 There was presented Mayor and Council Communication No. C-22028 from the Ord. No. 17462- City Manager recommending that the City Council adopt an amended and 03-2007 restated ordinance approving and authorizing the issuance by the City of Fort Ord. No. 17463- Worth, Texas, of its Water and Sewer System Commercial Paper Notes, Series 02-2007 A, in an aggregate principal amount at any one time outstanding not to exceed Amend and $150,000,000.00 to provide interim financing to pay Project Costs for Eligible Restate Ordinance Projects and to refund obligations issued in connection with Eligible Projects; for Issuance of authorizing the issuance and delivery of a bank note in connection with the Water and Sewer issuance, sale and delivery of Commercial Paper Notes, and prescribing the System terms, features and characteristics of such instruments; approving and Commercial Paper authorizing certain authorized officers and employees to act on behalf of the Notes; Approve City in the selling and delivery of such short term obligations, within the Authorized limitations and procedures specified herein; making certain covenants and Officers and agreements in connection therewith; resolving other matters incident and Employees to Act related to the issuance, sale, security and delivery of commercial paper notes, on Behalf of City including the appointment of an Issuing and Paying Agent and a Dealer and in Selling and approval of an Issuing and Paying Agent Agreement, a Credit Agreement and a Delivery of Short Dealer Agreement; approving the use of an Offering Memorandum in Term Obligations; connection with the sale from time to time of such commercial paper notes; and Resolve Other adopt an appropriation ordinance increasing appropriations in the Water and Matters Incident Sewer Capital Projects Fund in the amount of $50,000,000.00 from available and Related to funds for the purpose of funding interim financing for the construction of Issuance, Sale, eligible projects for the City's Waterworks and Sewer System. Security and Delivery of Commercial Paper Notes CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 15 of 23 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22028 be approved, and Ordinance No. 17462-03-2007 and Appropriation Ordinance No. 17463-03- 2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22029 There was presented Mayor and Council Communication No. C-22029 from the Purselley Pool and City Manager recommending that the City Council authorize the City Manager Spa, Inc. to execute the Tax Abatement Agreement with Purselley Pool and Spa, Inc.; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Purselley Pool and Spa, Inc., are true and correct. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22029 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. Item XV Mr. Derek Howard, 2250 Fuller-Wiser Road, Euless, TX, appeared before Citizen Council relative to election inspection for his new home at 3105 Columbus Presentations Avenue. Mr. Howard explained that the retaining wall on his property had Derek Howard collapsed and the City considered the property unsafe for the installation of electricity. He advised the Council that his home had been broken into on two occasions and he had personally replaced the stolen property. He requested the Council's assistance in obtaining electricity for the home in order to have security alarms installed at the property. Mr. Bob Riley, Development Department Director, advised the Council that Mr. Howard had applied for an electrical release for the property; however, the retaining wall had failed which made the house unstable. He added that there were also very visible cracks in the front of the property and that a letter had been provided Mr. Howard that stated the house needed to be stabilized. Mayor Moncrief and Council Members Espino, Wheatfall and Burdette stated that they appreciated Mr. Howard's dilemma; however, the issue was of public safety, inappropriate grading and the inability of the contractor to provide a quality product. They asked that City staff and Police Department representatives meet with Mr. Howard to resolve his issue. (Council Member Espino left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 16 of 23 Jay Torres Mr. Jay Torres, 1207 Meadowview Drive, Euless, TX, appeared before Council relative to the electrical permit process. He stated that he purchased the home next to Mr. Howard's and that he was a former employee for the contractor at one time. He added that he could attest to the stability of the home as he knew that the home had been built on over 30 piers. He stated that he also wanted to have an alarm system installed, but needed the electricity to do so. George Vernon Mr. George Vernon Chiles, 2800 Jennings, was recognized as desiring to Chiles appear before Council relative to his displeasure with the recycling program; however, he stated that he would delay his presentation until the April 3, 2007, Council meeting. Joe Don Brandon Mr. Joe Don Brandon, 1515 East Lancaster, was recognized as desiring to appear before Council relative to various issues; however, he was not present in the Council Chamber. (Council Member Espino returned to his place at the dais.) Anthony Mayes Mr. Anthony Mayes, 2813 Avenue K, appeared before Council relative to Code Compliance Department. He stated that the department did not follow procedures and advise his family of the boarding up and requirements for his parents' home which had been damaged by fire. With no response from the family, the house had been demolished. Mr. Mayes stated the family was waiting for the money from the insurance company to repair and rebuild the home. Council Member Espino advised that he had met with Mr. Mayes last week. He stated that City staff had provided proper notice which Mr. Mayes was disputing. He added that he would meet with Mr. Mayes tomorrow to discuss this issue and pointed out that settlement offers had been exchanged; however, the owners of the property felt that the settlements were too low. City Attorney Yett stated that the Law Department would work with Council Member Espino and review the issue once again. He advised that he would schedule this issue for discussion during a future Executive Session. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:59 a.m. to: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 17 of 23 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. 5840 South Freeway, Fort Worth, Texas, (in rem); Kanti Patel aka Konti Patel, Roger Desai, and Chedani Desai, Cause No. 07-50867-1; b) Legal issues concerning lawsuits for declaratory relief from public information act rulings; c) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:19 p.m. L-14298 There was presented Mayor and Council Communication No. L-14298 from the Sale of Tax City Manager recommending that the City Council authorize the direct sale of Foreclosed two tax-foreclosed properties described as Block 1, Eastcrest Subdivision and Properties Tract 9GH Assabranner Survey at the corner of East Berry Street and Village Creek Road in east Fort Worth in accordance with Section 34.05 of the Texas State Property Tax Code to Mountain Tabor Christian Center (DOE 920) for the amount of $274,278.42; and authorize the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. Council Member Wheatfall stated that he had been in support of the Mount Tabor development since he first came on the Council. He advised that he had attended numerous planning meetings but that the plans had changed over time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 18 of 23 He added that he directed staff to make sure that there could be no erection of a gas well site on the property to ensure there was no adverse impact to the community. However, staff advised him that there was nothing that could be done to place protectionary measures on the property to prevent erection of a gas well. He further stated that he respected Senior Pastor Bowman and that he was left only with the trust of Pastor Bowman's word and his family that this project would go forward as it was intended. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. L-14298 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. 267 There was presented Council Proposal No. 267, dated March 20, 2007, Comments and proposing that the Fort Worth City Council communicate its concerns and Changes comments in regards to Senate Bill 976, a Bill relating to the public retirement Concerning Senate system of certain municipalities that would have significant impact on the Bill 976, Relating administration of the City of Fort Worth Retirement Fund prior to consideration to Public of the Bill in the Texas Senate. Retirement System of Certain Council Member Jordan stated that this had been an extremely difficult issue Municipalities for everyone on the Council to try and balance the needs of employees of the City of Fort Worth and with the interest of the City's tax payers. He made a motion, seconded by Council Member Scarth, that Council Proposal No. 267 be approved with the following changes: That as opposed to 11 members that the board be represented by 13 members composed as follows: One active Police, one active Fire, two active General Employees, one retired Police, one retired Fire, one retired General Employee and six appointments made by the City Council. In addition, the following proposed changes are recommended: PROPOSED CHANGES TO THE COMMITTEE SUBSTITUTE SENATE BILL 976 1. Sec. 4.01 (Page 5) (Council authority to approve/disapprove benefits and to reduce benefits prospectively) After line 7 and before line 8 insert language that gives the City Council final authority to review and approve all benefit enhancements proposed through a change in administrative rules by the Board of Trustees. Also insert language that gives the City Council sole discretion to reduce benefits on a prospective CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 19 of 23 basis if the need arises. The City Council shall give 90 days notice to the Board of Trustees of its intention to consider a reduction of retirement benefits before it considers an agenda item to vote to reduce benefits. 2. Section 5.01 (Page 5 and 6) (Increase the Composition of Board Trustees to 13, adding one additional City Council appointee and adding one additional general employee) On Page 5, line 10, strike the number"11" and insert the number"13". On line 12, strike the word "one" and immediately after the word "member", insert"(s)". On line 14, between the number "(1)" and the word "police", add the word "one". On line 15, between the number "(2)" and the word "firefighters", add the word "one". On line 16, between the number "(3)" and the word "other", add the word "two". On Page 6, line 1, strike the number"four" and insert the number"five". 3. Sec. 5.01 (Page 6) (Clarify that Council Members can not serve on Board of Trustees and that Chief Financial Officer shall serve as a member of Board of Trustees regardless of tenure with City) At line 3, after the word "may", insert the word "not". At line 6, after the word "trustees" insert a period (.) and strike the remainder of line 6 and strike lines 7, 8, 9 and 10 in their entirety. Sec. 5.07 (Page 9) (Providing for employee contributions to exceed 10% cap and to allow the City Council to increase city contributions to the fund) After line 12 and before line 13, insert new subsections (f) and (g) that will read as follows and renumber as appropriate: "(f) An amendment to the administrative rules regarding contributions that will have the effect of increasing a participating member's contribution above 10% CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 20 of 23 of salary is allowable under this Article notwithstanding any other provision in state law to the contrary and so long as the procedures outlined in Subsection (a)through(e) are followed." "(g) The procedures outlined in Subsection (a) through (e) do not apply to a proposal by the governing body to increase the city contribution to the retirement fund. The governing body shall retain sole authority to increase the city contribution as it deems necessary." 5. SECTION 2 (Page 11) (Providing until May 31, 2007, for the City Council to consider changes to be made on Overtime, Ad Hoc COLA, and contribution rate before the legislation becomes law) On line 7, strike "January 1, 2007" and insert "May 31, 2007". City Manager Boswell requested clarification if one of the six Council appointees would be the City's Chief Financial Officer; Council Member Jordan responded affirmatively. Council Member Burdette expressed concern that the Council was not stepping forward and opposing Senate Bill 976 which could result in legislative control now and in the future over the City's business of balancing the City's budget, spending tax payers money, providing wages, retirement and health plans for employees. He added that the rights of the employees should not be diminished and pointed out that someone in Austin would be making decisions in the future on how the employee retirement fund would operate and how the City's tax payers would be impacted. He stressed that the action that Council would take today was an irreversible step because the legislature in Austin would decide how the fund would be run and stated those issues should be decided by the representatives who were elected by Fort Worth citizens to make those decisions. He stated that he would not support the Council Proposal. Council Member Davis concurred with Council Member Burdette and provided comments to support her opposition of Council Proposal 267. The following items were addressed: 1. There was a financial crisis in the City's pension fund and retiree health care benefit fund totaling $1.3 Billion; the pension fund comprised $411M of that crisis as of October 2005 and it continued to grow. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 21 of 23 2. City staff made recommendations and the groups reviewed those recommendations, those being jointly increasing the contributions to the fund with taxpayers bearing three percent and the employees bearing two percent; cost of living increases; getting a handle on overtime put into the fund. 3. Turning control over to state authority would negatively impact the City's taxpayers. 4. The City had never abused the pension fund as asserted by Police and Fire Associations; on the contrary, the City had a history of giving the employee associations everything they had asked for. 5. Comments made by another Council Member to further the rumor that the reason the Council wanted control over the pension fund was to take money out of the fund and invest it in things that the Council wanted to do in the City. She stated that the statement was purposeful fear mongering and that the City Council had never expressed an intention to use those funds to invest in anything except the employees and their retirement and making sure their retirement was sound. 6. That reasons why this issue was taken to the state was someone had purposely created a false climate that purported to be one that there was no trust in the City. 7. That it was troubling that two Council representatives on the Retirement Board voted in favor of advancing state control of the retirement fund which did not protect the City's taxpayers' interest. 8. An article in the newspaper that the state's employee retiree health care benefit fund being seriously under funded and that rather than dealing with it, they had requested that the information not be included in their financial reviews. 9. That the new make up of the board still did not give the general employees adequate representation on the board. Council Member Wheatfall stated that the Senate Bill was an evil bill as it was decisive in the way it was brought about. He added that the bill was not even discussed at the Retirement Board and that the bill was exclusionary and that the make up of the board was not being equitable or fair. He pointed out that the nature of the Bill was local control versus state control and whether the Council would stand the line and say "we have local control over this issue". He added that the fund needed to be left alone because it sent a clear message to Austin that the City had the right target in mind and that the City of Fort Worth knew how to govern its citizens; that the fund needed to be left alone because the City did not need unfunded mandates coming down from the state. He recommended that the City make one request in Austin and that was to leave the fund alone. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 22 of 23 Mayor Pro tem Hicks stated that the question before the Council today was does the Council do nothing about the Senate Bill or offer some amendments to ensure the City maintained some control over the issue. She expressed appreciation to the Council for supporting the 13 places on the board and challenged the Council to appoint representatives who represent all of Fort Worth. She encouraged City employees to run for the board. Council Member Silcox countered that he disagreed with the comment that the City had a $411M unfunded liability that would be increasing weekly as he had been advised that the unfunded liability had lowered itself to $396M. He stated that he disagreed with removing Council Member representation from the board as they provided invaluable insight. He pointed out that the overtime issue was a departmental mismanagement issue and not a board problem. He added that the best thing to do was to leave this issue alone and submit the proposed changes as presented. He stated that this issue went to Austin because of the lack of trust between civil service and general employees and amongst the Council. Council Member Espino stated that the Council was not engaging of giving up, and the question was does the Council make recommendations to a bill in its current form that was unacceptable or does the Council watch an unacceptable bill become law. Council Member Scarth stated that Council struggles with difficult decisions daily and made compromises to ensure the best result was achieved. He added that the Council Proposal was a compromise to try and come up with an appropriate bill. Mayor Moncrief stated that the Council supported all employees and added that he believed that this legislation would eventually pass both the Senate and the House in some form and that it was important the City have input into the bill. He added that he had confidence in the legislative delegation that they would not move forward at the urging of any employee group without the Council having input into that process as it did not work that way in Austin. He concluded by stating that the City employees worked as a unit regardless of their differences in opinion to ensure the best possible service to the citizens of Fort Worth. The motion carried six (6) ayes to three (3) nays, with Council Members Wheatfall, Burdette and Davis casting the dissenting votes. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MARCH 27, 2007 PAGE 23 of 23 Agenda Item XVII There being no further business, the meeting was adjourned at 2:25 p.m. in Adjournment honor of former District 2 Council Aide Patsy Steele. These minutes approved by the Fort Worth City Council on the 3rd day of April, 2007. Attest: Approved: fl,)'-�\ 6LA"L� - "P--;1 1-11, Marty He drix Michael . Moncrie City Secretary Mayor