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HomeMy WebLinkAbout2007/04/24-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 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 10:22 a.m. on Tuesday, April 24, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Silcox temporarily absent. Agenda Item II The invocation was given by Dr. Murray Richey, John Knox Presbyterian Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Davis, the minutes of the regular meeting of April 17, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. Agenda Item V The presentation by Ms. Lisa Hill, Community Coordinator, Child Protective Special Services, Community Partners of Tarrant County to Ms. Martha Mabry, Sr. Presentations Human Services Specialist, Police Department, did not occur as neither Ms. Hill or Ms. Mabry were present in the Council Chamber. Mr. Gary Terry, Regional Vice President, External Affairs, AT&T presented a check in the amount of$1,556,432.53 to the City as a refund for the installation of fiber cables across the street from City Hall. He summarized the relationship between the City and AT&T and the development of committees that reviewed CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 2 of 17 various projects to achieve the best economics possible. He stated that action of the committees had realized savings for both the City and AT&T and that the committee's work resulted in the refund check he was presenting today to the City. The check was accepted by City Manager Boswell. (Council Member Silcox assumed his place at the dais.) Council Member Davis presented a proclamation for Arbor Day to Melinda Adams, City Forester. Nick Harrison, representing the Texas Forest Service, presented the City with its 28th consecutive Tree City USA Award and 7th consecutive Growth Award. Agenda Item VI Council Member Scarth acknowledged the presence of students, their teacher Announcements Ms. Kirk, and their Director, Dr. Brown, from East Fort Worth Montessori Academy who were attending the Council meeting to learn about municipal government. The students were given Molly pins in recognition of their attendance. Mayor Pro tem Hicks stated that she had visited the Montessori Academy this week and that the campus was beautiful. She added that she hoped the students learned something from the exercise in local government. She expressed appreciation to Mayor Moncrief and Council Member Davis, Assistant City Managers Paniagua and Fisseler for attending the Sierra Vista opening on April 21, 2007. She also announced the ground breaking in District 8 for the last building of the Guinn School at Rosedale and I-35 at 2:00 p.m. tomorrow. She stated that the Guinn School also housed the Business Assistance Center which served everyone in Fort Worth. Council Member Davis expressed appreciation to everyone who attended the dedication of Fire Station No. 8 on April 21, 2007. She stated that Mayor Moncrief spoke very eloquently about Vince Genovese for whom the fire station was named and his many contributions to the Fire and Police Departments and community. She added that the fire station was beautiful and its presence corrected a serious drainage issue in the area. Council Member Silcox stated that he met with Ridglea Hills Neighborhood Association on April 22, 2007, relative to the placement of speed humps on Westridge Road. He commended Randy Burkett, City Traffic Engineer from the Transportation and Public Works Department, for his very professional presentation and the manner in which he addressed the concerns and complaints of the citizens. He added that concerns were relative to the placement and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 3 of 17 design of the speed humps and also a safety issue of a particular area on Westridge Road. He further stated that Mr. Burkett would review these concerns and meet with neighborhood residents and present his findings. Council Member Espino expressed appreciation to All Saints Catholic Church for hosting a Community Awareness Meeting on gangs on April 18, 2007. He expressed appreciation to everyone who presented information on gang intervention and stated that the meeting was very successful. He also paid tribute to Jackie Robinson who in 1947 was the first African American baseball player to play in the major leagues. Council Member Wheatfall commended Sister Cities International for a very successful two-week trip to Nagaoka, Japan. He stated that it was a wonderful experience. Mayor Moncrief stated that the first ever Project Homeless Connect took place at Broadway Baptist Church on April 19, 2007. He added that 45 service providers participated in the event and provided immunizations, health screenings, Section 8 Housing sign-up and other services to everyone who attended. He expressed appreciation to everyone who participated in the project. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15691 and P-10563 be withdrawn from the consent agenda. Consent Agenda Mayor Pro tem Hicks requested that Mayor and Council Communication No. G-15693 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ P-10563 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, 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-1605 M&C OCS-1605 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 4 of 17 G-15689 M&C G-15689 - Authorizing the City Manager to accept from Marcus Cable Accept Past Due Associates, L.L.C., d/b/a Charter Communications $119,507.00 in past due Franchise Fees cable-television franchise fees and accrued interest. from Charter Communications G-15690 M&C G-15690 - Adopting Supplemental Appropriation Ordinance No. 17515- Ord. No. 17515- 04-2007 increasing appropriations in the General Fund in the amount of 04-2007 $60,333.70 and decreasing the unreserved, undesignated fund balance by the Fund same amount, for the purpose of funding participation in current and upcoming Participation in dockets, rulemakings and other proceedings related to gas utility regulation; and Dockets, Rate authorizing payment of $60,333.70 to the Atmos Gas Cities Steering Cases and Committee to fund participation in current and upcoming dockets, rate cases Proceedings and other proceedings related to gas utility regulation. Related to Gas Utility Regulation G-15692 M&C G-15692 - Adopting Ordinance No. 17516-04-2007 reappointing Charles Ord. No. 17516- F. Berger, Raul A. Canez, Kim Marie Catalano, Ann Y. Collins, Faye R. 04-2007 Harden, Nelda F. Harris, Carla G. Kelman, Nancy A. Magee, Larry K. Reappoint Montgomery, Nemuel E. Pettie, Patricia L. Summers, Nancy Ellen Tyler and Substitute Edward B. Valverde as substitute Municipal Judges for a one-year term Municipal Judges commencing April 1, 2007, and ending March 31, 2008, or until a successor is qualified and appointed in accordance with state law. G-15694 M&C G-15694 - Adopting Ordinance No. 17517-04-2007 amending the Ord. No. 17517- Zoning Ordinance of the City of Fort Worth, as amended, of the Code of the 04-2007 City of Fort Worth, to amend Section 22-175, "Head-In Parking Prohibited" of Amend Chapter Chapter 22, Article VI, Division I "Motor Vehicles and Traffic", "Stopping, 22, Article VI, Standing and Parking" to change the angle required for head in parking. Division 1, Section 22-175 of City Code G-15695 M&C G-15695 - Authorizing the Water Department to provide water service at Provide Water 1.25 times the retail rate to Dr. Harminder Dhaliwal to serve his pediatric center Service to Dr. at 11751 Alta Vista Road, located in Tarrant County, outside of the Fort Worth Harminder City limits pursuant to City Code Section 35-60B "Uses Outside City"; and Dhaliwal to Serve authorizing the City Manager to execute an agreement for such services. Pediatric Center at 11751 Alta Vista Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 5 of 17 G-15696 M&C G-15696 - Authorizing the Water Department to provide water and sewer Provide Water service at 1.25 times the retail rate to Mr. Jeffrey Cox to serve his personal Service to Mr. residence located at 10742 White Settlement Road, located in Tarrant County, Jeffrey Cox to outside of the Fort Worth City limits pursuant to City Code Section 35-60B Serve 10742 White "Uses Outside City"; and authorizing the City Manager to execute an Settlement Road agreement for such services. G-15697 M&C G-15697 - Authorizing the City Manager to accept a $15,000.00 grant Ord. No. 17518- from the Recreational Boating and Fishing Foundation of the National 04-2007 Recreation and Parks Association to increase and/or enhance recreational Accept Grant to boating and fishing participation in Fort Worth; and adopting Appropriation Increase and/or Ordinance No. 17518-04-2007 increasing estimated receipts and appropriations Enhance Boating in the Grants Fund in the amount of$15,000.00, subject to receipt of the "Take and Fishing Me Fishing" Grant from the National Recreation and Parks Association, for the purpose of funding increased and/or enhanced recreational boating and fishing participation in Fort Worth. P-10564 M&C P-10564 - Authorizing a purchase agreement for rental of traffic control Rental of Traffic devices and service with Buyers Barricades, Inc., for the City of Fort Worth Control Devices based on overall low bid, with payment due 30 days from an invoice date; and and Service authorizing this agreement to begin April 24, 2007, and expire April 23, 2008, with options to renew for three additional one-year periods. P-10565 M&C P-10565 - Authorizing the purchase of minor equipment from Austin Minor Equipment Turf& Tractor, Lawn & Garden Warehouse, and Longhorn, Inc., for the Parks and Community Services Department, for an amount not to exceed $37,446.94 with payment due 30 days from the date of invoice and freight at no charge. Vendors Categories Total Cost Austin Turf&Tractor Category I Stihl Brand $34,581.86 Lawn&Garden Warehouse Category II Redmax Brand $ 1,275.08 Longhorn, Inc. Category III Echo WP 1000 $ 1,590.00 Grand Total $37,446.94 P-10566 M&C P-10566 - Authorizing a purchase agreement for traffic signal poles and Traffic Signal arms with Structural & Steel Products, Inc., for the Transportation/Public Poles and Arms Works Department based on sole bid received with payment due 30 days after receipt of invoice and freight included in unit price; and authorizing this agreement to begin April 17, 2007, and expire April 16, 2008, with options to renew for three additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 6 of 17 P-10567 M&C P-10567 - Authorizing a purchase agreement for bearings and seals with Bearings and Seals Purvis Industries for the City of Fort Worth based on the following discounts off the Manufacturer's Suggested Retail List Price. Payment is due 30 days from the date an invoice is received; Description Discount Offered Fafnir Bearings and related Items Less 34 percent SKF Bearings and related Items Less 35 percent Timken Bearings and related Items Less 42 percent Linkbelt Bearings and related Items Less 23 percent FAG Bearings and related Items Less 34 percent Torrington Bearings and related Items Less 34 percent MRC Bearings and related Items Less 35 perent National Seals and related Items Less 40 percent Chicago Rawhide Seals and related Items Less 19 percent U.S. Seals and related Items No Discount Unlisted Bearings and related Items No Discount Unlisted Seals and related Items No Discount Authorizing this agreement to begin April 24, 2007, and expire April 23, 2008, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Government Local Code, Chapter 271.102, "Cooperative Purchasing". P-10568 M&C P-10568 - Authorizing purchase agreements with PSC Recovery Sand and Grease Systems, Liquid Environmental Solutions and Sand Trap Services to provide Trap Services sand and grease trap services for the City of Fort Worth based on low bid by line item, with payment due 30 days from the date of the invoice; Vendors Line Items Estimated Expenditures PSC Recovery Systems 8-13 $18,120.00 Liquid Environmental Solutions 1-7 $ 5,568.00 Sand Trap Services 14 $ 4,935.00 Authorizing these agreements to begin April 24, 2007, and expire April 23, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 7 of 17 P-10569 M&C P-10569 - Authorizing the purchase of a new Caterpillar 450E Backhoe Caterpillar 450E Loader from Texas Association of School Boards, Contract 205-04 with Holt Backhoe Loader Cat for the Water Department for a cost not to exceed $123,965.00 with payment due within 30 days of the date of invoice. L-14309 M&C L-14309 - Approving the acquisition of one permanent sewer line Acquire easement described as a portion of Lot 1R, Block 31, Ridglea Addition, Tarrant Permanent Sewer County, Texas, from Shamimco, Inc., located in west Fort Worth, for the Line Easement for construction of sewer infrastructure improvements (DOE 4096); finding that the Construction of price offered in the amount of $9,600.00, plus an estimated closing cost of Sewer $1,000.00, is just compensation; and authorizing the acceptance and recording Infrastructure of appropriate instruments. Improvements L-14310 M&C L-14310 - Approving the acquisition of one permanent sewer line Acquire easement from John B. Foster located in west Fort Worth for the construction Permanent Sewer of sewer infrastructure improvements to serve the Sienna Hills Addition (DOE Line Easement for 5152); finding that the price offered in the amount of $16,000.00, plus an Construction of estimated closing cost of $2,000.00 is just compensation; and authorizing the Sewer acceptance and recording of appropriate instruments. Infrastructure Improvements to Serve Sienna Hills Addition L-14311 M&C L-14311 - Adopting Supplemental Appropriation Ordinance No. 17519- Ord. No. 17519- 04-2007 increasing appropriations in the Water and Sewer Fund in the amount 04-2007 of$30,870.71 and decreasing the unreserved, undesignated fund balance by the Renew Lease for same amount, for the purpose of executing a five-year lease renewal (City Office Space at Secretary Contract No. 27682) with Monroe Street Professional Building, 900 Monroe Street Limited, for office space at 900 Monroe Street for the Water Department; and authorizing the City Manager to execute a lease renewal with Monroe Street Professional Building, Limited, to include an additional five years at 900 Monroe Street for the Water Department with an option to renew for one additional five year period. L-14312 M&C L-14312 - Accepting the dedication of 10.889 acres of unimproved Accept Parkland parkland all situated in the Henry Robertson Survey, Abstract No. 1798, for Lasater Park Tarrant County, Texas, from Hillwood RLD, L.P., for Lasater Park, in accordance with the Neighborhood and Community Park Dedication Policy. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 8 of 17 C-22075 M&C C-22075 - Authorizing the City Manager to execute a Public Right-of- Energy Transfer Way Use Agreement with Energy Transfer Fuel, LP (Energy Transfer), that Fuel, LP grants Energy Transfer a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-22076 M&C C-22076 - Authorizing the City Manager to execute an Agreement with Cypress Equities 1, Cypress Equities I, L.P., (Cypress Equities) to provide, among other things, L.P. schematic design, architectural/engineering design, construction documents and price quotes for the proposed Public Health Department building within the Evans and Rosedale Business and Cultural District for an amount not to exceed $275,000.00. C-22077 M&C C-22077 - Authorizing the City Manager to execute an agreement with Weir and Weir and Associates, Inc., in the amount of $32,500.00 for professional Associates, Inc. engineering services for Granbury Road/Summer Creek Drive from Dirks Road to 1600 feet south. C-22078 M&C C-22078 - Authorizing the City Manager to execute Amendment No. 1, Amendment No. 1 City Secretary Contract No. 33121, to an engineering agreement with Halff to CSC No. 33121 Associates, Inc., in the amount of$195,000.00 for the Henderson Street Storm - Halff Associates, Drain Watershed Planning Study, Phase 3 (City Project No. 00078) (M&C C- Inc. 21239), for a total contract price of$481,460.00. C-22079 M&C C-22079 - Authorizing the City Manager to execute an unimproved Vaisala ground lease agreement with mandatory improvements with Vaisala for a Lightning Detection and Ranging Sensor at Fort Worth Spinks Airport. C-22080 M&C C-22080 - Authorizing the City Manager to execute the first renewal of Ace Pipe Cleaning, an annual contract with Ace Pipe Cleaning, Inc., in the amount of$219,960.00 Inc. for the Fort Worth Citywide Large Diameter Sewer Cleaning Contract. C-22081 M&C C-22081 - Authorizing the transfer of $132,772.00 from the Water and Ord. No. 17520- Sewer Operating Fund to the Water Capital Projects Fund; adopting 04-2007 Appropriation Ordinance No. 17520-04-2007 increasing estimated receipts and Freese & Nichols, appropriations in the Water Capital Projects Fund in the amount of$132,772.00 Inc. from a Water and Sewer Operating Fund transfer, for the purpose of executing an engineering agreement with Freese & Nichols, Inc., for the Eastside Pump Station Improvement Project, Operational Study and Concept Design; and authorizing the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the amount of $132,772.00 for the Eastside Pump Station Improvement Project - Operational Study and Concept Design. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 9 of 17 C-22082 M&C C-22082 - Authorizing the transfer of $95,700.00 from the Water and Ord. No. 17521- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 04-2007 Appropriation Ordinance No. 17521-04-2007 increasing estimated receipts and Freese & Nichols, appropriations in the Sewer Capital Projects Fund in the amount of$95,700.00 Inc. from a Water and Sewer Operating Fund transfer, for the purpose of executing an engineering agreement with Freese & Nichols, Inc., for an ammonia treatment pilot plant study at Village Creek Wastewater Treatment Plant; and authorizing the City Manager to execute an engineering agreement with Freese & Nichols, Inc., for design services and operational support of a small scale ammonia treatment pilot plant at Village Creek Wastewater Treatment Plant for a total fee not to exceed $95,700.00. C-22083 M&C C-22083 - Confirming Purchase of Emergency Services for Eagle Environmental Clean-up Services at Village Creek Wastewater Treatment Plant Construction and with Eagle Construction and Environmental Services, LLP; and authorizing the Environmental City Manager to execute a contract with Eagle Construction and Environmental Services, LLP Services, LLP, detailing the scope of work for the completion of such work in an amount not to exceed $148,532.00. The motion carried. End of Consent Agenda. Agenda Item X Mayor Pro tem Hicks expressed appreciation to the Council for approving the Presentations by Consent Agenda item for the construction of the Public Health Building on City Council Evans Avenue. She stated that she was excited with the possibilities to get Appointments private development connected with Evans and Rosedale. She added that she looked forward to receiving more presentations and updates from the staff at the next Central City Revitalization and Economic Development Committee meeting. Mayor Moncrief requested the Council's consideration to appoint Council Member Burdette as the City of Fort Worth's representative to the North Central Texas Council of Governments Board of Directors effective April 24, 2007. Council Member Jordan made a motion, seconded by Council Member Scarth, that Council Member Carter Burdette be appointed to the North Central Texas Council of Governments (NCTCOGs) Board of Directors to replace Council Member Chuck Silcox effective April 24, 2007. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 10 of 17 Council Member Silcox interjected that since he was being removed from the NCTCOGs Executive Board and Board of Directors, he also requested that he be removed as a member of the NCTCOGs Regional Emergency Preparedness Planning Council. Approve Salary Mayor Moncrief stated that that consideration of the approval of salary Adjustments for adjustments for the City Manager, City Attorney, City Secretary and City Appointed Auditor would be delayed until after the Executive Session. Officials for FY 2006-2007 Delayed Until After Executive Session Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI There was presented a resolution supporting the formation of the Health Res. No. 3479-04- Institutes of Texas at the University of North Texas (UNT) Health Science 2007 Center. Support Formation of Council Member Davis made a motion, seconded by Council Member Espino, Health Institutes that Resolution No. 3479-04-2007 be adopted. The motion carried of Texas at UNT unanimously nine (9) ayes to zero (0) nays. Health Science Center AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15691 There was presented Mayor and Council Communication No. G-15691 from Continued Until the City Manager recommending that the City Council grant the request of the May 1, 2007 developer, The Ranches East LP, to reduce the existing gas well construction setback distance for Lot 37, Block 12 in the Ranches East Addition from 200 feet to 195 feet from the Encana Oil & Gas, Lonzo-Medlin No. 2 wellbore, to allow residential building construction. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15691 be continued until the May 1, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 11 of 17 Council Member Espino stated that he would meet with Barry Hudson, the applicant's representative, within the week to discuss this request. G-15693 There was presented Mayor and Council Communication No. G-15693 from Continued Until the City Manager recommending that the City Council adopt a Supplemental May 1, 2007 Appropriation Ordinance increasing appropriations in the General Fund in the amount of $250,000.00 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of funding an additional increase in audit fees to Deloitte & Touche, LLP, for completion of the Fiscal Year 2004-2005 audit; and authorizing an additional $250,000.00 for independent auditing services to Deloitte & Touche, LLP, for the Fiscal Year 2005 Single Audit and Comprehensive Annual Financial Report, establishing the FY 2005 final audit fee at $791,200.00. Mayor Pro tem Hicks and Council Member Espino expressed concern with the waiver of the Minority and Women Business Enterprise participation relative to the audit and stated that they would not support this agenda item. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15693 be continued until the May 1, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15698 There was presented Mayor and Council Communication No. G-15698 from Ord. No. 17522- the City Manager recommending that the City Council adopt an ordinance 04-2007 amending the Code of the City of Fort Worth (1986), as amended, by repealing Repeal Chapter Chapter 25, "Planning" and reserve the chapter for future use; amending 25, Article 1, II, III Chapter 2, "Administration" to move "The Department of Housing" from and IV and Chapter 25 to Article IV, Division 6, create two new articles, Article XI, Amend Chapter 2, "Planning and Development Department" and Article XII, "Fee Schedules"; Article XI and XII move the language in Article I, "General", Section 25.1, "Application Fees of City Code Charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission" of Chapter 25, "Planning", to the new Article XII in Chapter 2; replace all references to "Development Department" and "Planning Department" in the City Code with "Planning and Development Department" and "Development Director" and "Planning Director" to "Planning and Development Director". Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15698 be approved and Ordinance No. 17522-04-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 12 of 17 G-15699 There was presented Mayor and Council Communication No. G-15699 from Ord. No. 17523- the City Manager recommending that the City Council adopt a supplemental 04-2007 appropriation ordinance increasing appropriations in the General Fund in the Ord. No. 17524- amount of$6,465,344.00 and decreasing the unreserved, undesignated General 04-2007 Fund balance by the same amount, for the purpose of funding Fiscal Year 2004- FY 2004-2005 2005 year end budget adjustments; and adopt a supplemental appropriation Year End Budget ordinance increasing appropriations in the Culture and Tourism Fund in the Adjustments amount of$77,180.00 and decreasing the unreserved, undesignated Culture and Tourism Fund balance by the same amount, for the purpose of funding Fiscal Year 2004-2005 year end budget adjustments. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15699 be approved and Supplemental Appropriation Ordinance Nos. 17523-04-2007 and 17524-04- 2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15700 There was presented Mayor and Council Communication No. G-15700 from Pay Relocation the City Manager recommending that the City Council authorize the payment of and Moving relocation and moving expenses to El-Habr Corporation d/b/a Michel's Tiffany Expenses for Doors, up to $300,000.00, as a displaced business, from 4115 West Vickery Right-of-Way for Boulevard, Fort Worth, Texas, 76107, in the Vickery Corridor, Parcel No. 69- Southwest Al, for Right-of-Way for the Southwest Parkway Project (DOE 3777). Parkway Project Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15700 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15701 There was presented Mayor and Council Communication No. G-15701 from Pay Relocation the City Manager recommending that the City Council authorize the additional and Moving payment of up to $23,704.49 for relocation and moving expenses to Expenses for Brushstrokes Gallery & Studio, as a displaced business, from 4121 West Right-of-Way for Vickery Boulevard, in the Vickery Corridor, Parcel No. 69-E1, for Right-of- Southwest Way for the Southwest Parkway Project (DOE 3777). Parkway Project Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15701 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 13 of 17 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15702 adopt a resolution supporting the application of the City of Fort Worth for a Res. No. 3480-04- Municipal Setting Designation for the Trinity Uptown Area, to the Texas 2007 Commission on Environmental Quality, and adopt an ordinance prohibiting the Ord. No. 17525- potable use of designated groundwater from beneath the site. Mayor Moncrief 04-2007 opened the public hearing and asked if there was anyone present desiring to be Support heard. Application for Municipal Setting Mr. Brian Boerner, Environmental Management Department Director, appeared Designation for before Council, gave a staff report and called attention to Mayor and Council Trinity Uptown Communication No. G-15702, as follows: Area and Prohibit Potable Use of (Mayor Pro tem Hicks and Council Member Davis left their places at the dais.) Designated Groundwater There was presented Mayor and Council Communication No. G-15702 from from Beneath the the City Manager recommending that the City Council conduct a public hearing Site on the application of the City of Fort Worth for approval of a Municipal Setting Designation (MSD) for the area known as the Trinity Uptown Area, Fort Worth. This is an approximately 1,964-acre tract encompassing the industrial/commercial area of the Paddock Bend, and associated properties, in Fort Worth, Tarrant County, Texas, to be known as the Trinity Uptown Area MSD, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of the City of Fort Worth to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Trinity Uptown Area, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5 "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 7; designating CFW-MSD-0007, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0007; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication No. G- 15702 be approved and Resolution No. 3480-04-2007 and Ordinance No. 17525-04-2007 be adopted. The motion carried six (6) ayes to one (1) nay, with Mayor Pro tem Hicks and Council Member Davis absent, and with Council Member Silcox casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 14 of 17 P-10563 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. P-10563, Authorize the Purchase of Executive Chairs from Consideration Ergoback Corporation d/b/a Relax the Back for the City of Fort Worth, be withdrawn from consideration. C-22084 There was presented Mayor and Council Communication No. C-22084 from the Margaux City Manager recommending that the City Council authorize the City Manager Altamesa to enter into a Unified Sign Agreement with Margaux Altamesa Partners for Partners, LTD. Alta Mesa Plaza, located at the northwest corner of McCart Avenue and Alta Mesa Boulevard. (Mayor Pro tem Hicks returned to her place at the dais.) Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22084 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22085 There was presented Mayor and Council Communication No. C-22085 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 29713 - Stockyards to execute an amendment to the Tax Abatement Agreement with Stockyards Station Hotel, L.P. Station Hotel, L.P. (City Secretary Contract No. 29713). Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22085 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22086 There was presented Mayor and Council Communication No. C-22086 from the Waive Community City Manager recommending that the City Council approve Environmental Facilities Management's request to waive the requirement for a Community Facilities Agreement for Agreement according to the Policy for the Installation of Community Facilities Proposed Drop- as adopted by City Council for the proposed drop-off station at 6250 Old Off Station at 6250 Hemphill. Old Hemphill Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-22086 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. (Council Member Davis returned to her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 15 of 17 C-22087 There was presented Mayor and Council Communication No. C-22087 from the YMCA of City Manager recommending that the City Council authorize the City Manager Metropolitan Fort to enter into a Lease Agreement with the YMCA of Metropolitan Fort Worth to Worth construct and manage a joint use recreational and community facility at North Park, at Beach Street and Shiver Road. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22087 be approved with appreciation to Harold Pitchford, Parks and Community Services Assistant Director. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks and Council Member Jordan expressed appreciation to Council Member Espino and the City staff for their work on this issue. City Attorney Yett expressed appreciation to Assistant City Attorney Benita Harper for her work on the lease agreement. Agenda Item XV Mayor Moncrief recognized Mr. Joe Don Brandon, 1515 East Lancaster, as Citizen desiring to appear before Council relative to a variety of issues; however, Mr. Presentations Brandon was not present in the Council Chamber. Joe Don Brandon Recessed The City Council recessed the regular session at 11:08 a.m. to complete the presentations of the remaining items listed on the Pre-Council Agenda. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:35 p.m. to: 5. Deliberate concerning the annual performance evaluations of the following City Council appointed officials in accordance with Section 551.074 of the Texas Government Code: a. City Manager b. City Attorney c. City Secretary d. City Auditor Reconvened The City Council reconvened into regular session at 1:08 p.m. Regular Session CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 16 of 17 Approve Salary Council Member Burdette made a motion, seconded by Council Member Adjustments for Scarth, that consideration of the approval of salary adjustments for the City Appointed Manager, City Attorney, City Secretary and City Auditor for Fiscal Year 2006- Officials for FY 2007 be approved as follows: 2006-2007 City Manager 3% retroactive to October 1, 2006 City Attorney 3% retroactive to October 1, 2006 City Secretary 3% retroactive to October 1, 2006 City Auditor no salary increase Council Member Silcox interjected that he wanted to consider action by the City Council on the appointed officials on an individual basis rather than a group basis. Council Member Silcox made a motion to amend the main motion that the action be taken on an individual basis. Mayor Moncrief called for a second to the motion. There was no second to the motion, thus the motion died for lack of a second. Council Member Silcox stated that he would be voting against the motion and explained that he supported the salary adjustments for the City Attorney and City Secretary; however, he did not support the salary adjustment for the City Manager. Council Member Wheatfall also stated that he could not support the motion as he did not support no salary increase for the City Auditor. The motion carried seven (7) ayes and two (2) nays, with Council Members Silcox and Wheatfall casting the dissenting votes. It was the consensus of the City Council that they recess into Executive Session at 1:11 p.m. to: 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: b) City of Fort Worth v. Hugh Turner, Cause No. 96-178116-99; c) City of Fort Worth v. Robert Snoke, et al., Cause No. 48- 219473-06; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 24, 2007 PAGE 17 of 17 d) Faye Anna Mitchell, Individually and as Trustee of Mitchell Family Trust and Mitchell, Mitchell & Mitchell, Ltd., v. FW Sports Authority and City of Fort Worth, Cause No. ED-2007- 00232 - Denton County; e) Legal issues concerning gang nuisance abatement lawsuits; f) Legal issues concerning the Victory Arts Center loan; g) 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. Agenda Item XVII There being no further business, the meeting was adjourned at 2:00 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 1St day of May, 2007. Attest: Approved: r Marty ndrix Michael J. ncrief City Secretary Mayor