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HomeMy WebLinkAbout2007/05/29-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 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 Council Member Elect Frank Moss, District 5 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 10:15 a.m. on Tuesday, May 29, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Bishop Kenneth Spears, First Saint John 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 Espino, the minutes of the regular meeting of May 22, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Wheatfall stated that it was a humbling experience to have Remarks and served as the District 5 Council representative and added that it had been an Introductions by honor to serve the City and his district. He stated that the term "the other Fort City Council Worth" had made him uncomfortable during his tenure on the Council as it Member suggested that Fort Worth was divided and quoted the late Martin Luther King, Wheatfall Jr. as stating that everyone was "all tied together in one single garment of destiny". He expressed appreciation to his mother, father, brothers and many others who had supported him and stated that he hoped he had made a positive impact on neighborhoods in the district. He summarized his accomplishments in District 5 during his tenure and expressed appreciation to the Council for their support. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 2 of 24 Agenda Item VI Council Member Scarth stated that he would miss Council Member Wheatfall's Presentation from oratory and he wished he had more time to accomplish more with him. He City Council and added that he was looking forward to working with Council Member Elect Others to City Moss. Council Member Wheatfall Council Member Davis stated that she appreciated the intelligence, eloquence, energy and passion that Council Member Wheatfall brought to the Council table. She added that he had displayed courage to take on the big issues and that he had been an example to young people in the community. She further stated that she hoped the Council had not seen the last of him and his commitment to Fort Worth. Council Member Burdette stated that Council Member Wheatfall had been a mentor to him while on the Council. He stated that he learned a great deal from him and that his humor, eloquence and courage were well appreciated by everyone on the Council. He added that he did not think citizens of the City wanted a Council that agreed on issues every time as there were too many view points that needed to be represented. He further stated that Council Member Wheatfall always approached these issues with eloquence and grace. Council Member Jordan acknowledged Council Member Wheatfall's passion for Fort Worth and its people. He added that the things he learned while a member of the City Council would serve him well in the future. Council Member Wheatfall stepped down from his place at the dais. Council Member Espino stated that some of his fondest memories of Council Member Wheatfall would be the heated discussions that occurred on major policy issues in the City and that it was always comforting to have someone next to him that provided a very unique and caring perspective about the City. He stated that Council Member Wheatfall was a great ambassador and representative of the City during a Fort Worth Sister Cities International trip to Toluca, Mexico. He then presented Council Member Wheatfall with the City of Fort Worth rocking chair, pewter bowl and his Council portrait. Council Member Wheatfall left the meeting. Mayor Moncrief acknowledged the presence of former Mayor Kenneth Barr in the audience. Council Member Elect Frank Moss assumed his place at the dais. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 3 of 24 Agenda Item VII City Secretary Marty Hendrix administered oaths of office to Mayor Elect Mike Administration of Moncrief and Council Members Elect Salvador Espino, Chuck Silcox, Danny Oaths of Office to Scarth, Frank Moss, Jungus Jordan, Carter Burdette, Kathleen Hicks and Mayor and City Wendy R. Davis. Council Mayor Moncrief acknowledged the presence of his wife Rosie, son, daughter- in-law and two grandchildren in the audience. He expressed his appreciation to them for letting him serve on the Council. He added that although he loved serving the City, he disliked the time it takes away from his family. Agenda Item VIII Council Member Moss expressed appreciation to the voters in District 5 that Remarks and elected him and to his family for their support. He acknowledged the presence Introductions by of his wife Christine, his son and campaign treasurer Edmond Moss, his son City Council Franklin Moss, Jr. and his daughter Kim. He also introduced his Council Aide Member Frank Michelle Reynolds. Council Member Moss stated that he was returning to the Moss Council committed to working on several key issues, e.g., working with housing development and redevelopment, economic development, crime prevention and public safety, Code Compliance, streets and drainage issues. He added that he was ready to go to work now to make a difference in the district. Agenda Item IX There were no special presentations. Special Presentations Agenda Item X Council Member Espino regretfully announced the passing of Pete Medrano on Announcements May 24, 2007. He stated that Mr. Medrano founded one of the first Hispanic owned businesses in the City and he was an active member of the Hispanic Chamber of Commerce and All Saints Catholic Church and School. He asked that the meeting be adjourned in his memory. Council Member Burdette acknowledged the presence of his granddaughter Carter Ann Birdwell who served on the Fort Worth Youth Advisory Council, and his grandson Robert Birdwell, who was currently serving with the United Stated Air Force in Anchorage, Alaska. Council Member Davis expressed appreciation to the citizens of District 9 for re-electing her to a fifth term on the City Council. She assured her constituents that her energy, enthusiasm and passion was very much alive and well and that she would continue working on important issues, e.g., economic development, advancement of ordinances on anti-smoking, signage, rental registration and noise nuisance. She pointed out her commitment to actively ensure that public CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 4 of 24 swimming pools were kept open in lieu of splash pools being proposed in areas of the City. She also commended her opponent Bernie Scheffler for conducting a very positive campaign and stated that she would work to include him in some very meaningful ways to help move District 9 issues forward. Council Member Moss expressed appreciation to Mayor Moncrief for attending the historic Ebenezer Missionary Baptist Church Memorial Day service on May 28, 2007. He stated that the beginning of eastside African American community began at the church as well as the first school for African American children. He added that the community was also working on redeveloping and beautifying the cemetery at the church to make it an important part of the Stop Six and eastside community. Mayor Moncrief stated that this was indicative of working "the Fort Worth Way" with Quicksilver and Oncor Energy Companies to give back to the community and restore areas in the City. Council Member Silcox expressed appreciation to the citizens of District 3 for re-electing him to another term on the City Council. He stated that he would continue to work on major needs such as street construction, drainage problems, shortage of Police Officers and strengthening basic services in the City. He added that he was committed to working towards lowering the tax rate and ensuring that the tax payers money was expended as the tax payers desired. Council Member Espino recognized Mayor Moncrief s leadership on the Council and stated that the Mayor had broad base support from all over the City. He stated that he would continue to work on District 2 issues, e.g., streets and road infrastructure, public safety, economic development, Central City revitalization, mixed use development, urban villages, neighborhood empowerment zones and quality affordable housing in addition to furthering the goals of the Minority and Women Business Enterprise. He added that it was an honor to serve with the Council and staff He expressed appreciation to his wife and children for their love and support. Council Member Scarth expressed appreciation to his family for their support and work during his campaign. He stated that he looked forward to working with Council Member Espino on north Fort Worth issues and with Mayor Pro tem Hicks and Council Member Moss on economic development issues on the eastside of Fort Worth. Council Member Jordan expressed appreciation to the citizens of District 6 for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 5 of 24 re-electing him. He stated that his priorities were well known and expressed appreciation to Lu Moskowitz for running his campaign, Maddie Gibbs his Council Aide, and his wife Glenda and family for their support. Council Member Burdette encouraged the Council to maintain a positive approach on City issues. He stated that the positive word of "freedom" was very important in this country, state and city when the Council received complaints to remember that freedom. He cautioned that each time an ordinance was adopted by the Council that someone's freedom was affected. He added that he hoped the Council could relieve some of the tax burden that the citizens bear and that the Council needed to continue to work towards economic advancement of the City. He expressed concern for City parks and with the condition of Lake Worth, but was hopeful of the lake's revitalization resulting from dredging. He further expressed admiration for each member of the Council for their work. Mayor Pro tem Hicks expressed appreciation to Mayor Moncrief for his support and dedication to District 8 and to all the Council for promoting positive economic development in east Fort Worth. She addressed increased involvement by District 8 residents on various City issues, windfall of issues with the Barnett Shale, responsive City services and rezoning in Riverside in the Oakland Corners area along East Lancaster. She expressed appreciation to her Council Aide Devan Allen and stated that she looked forward to working with the Council on their goals. Mayor Moncrief expressed appreciation to the citizens of Fort Worth for the confidence they had in the City Council. He stated that by re-electing the Council, the citizens believed in the direction the City was going. He expressed appreciation to members of his staff, Shirley Little, Beth Ellis and Patricia Garcia for keeping him on schedule. He expressed appreciation to the City Manager and City staff for their advice, counsel and expertise and added that he looked forward to working with other cities in the Metroplex on various issues. Agenda Item XI City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from P-10583 and C-22148 be withdrawn from the consent agenda. Consent Agenda Agenda Item XII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ P-10583 and C-22148 be withdrawn from consideration. Withdrawn By Staff Agenda Item XIII Upon a motion made by Council Member Silcox, seconded by Council Member CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 6 of 24 Consent Agenda Espino, 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-1611 M&C OCS-1611 - 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-15732 M&C G-15732 - Adopting Resolution No. 3429-05-2007 authorizing up to an Res. No. 3492-05- additional $40,000.00 to be paid to Whitaker, Chalk, Swindle & Sawyer, 2007 L.L.P., to aid the City of Fort Worth in the land acquisitions including Increase Payment condemnation work for the relocation of FM 156 for a total not to exceed to Assist in Land $115,000.00. Acquisitions and Condemnation Work for Relocation of FM 156 G-15733 M&C G-15733 - Approving an extension of injury leave-of-absence pay Extend Injury benefits retroactively for Police Officer Larry Carrell from March 7, 2007, Leave-of-Absence through September 7, 2007. for Police Officer Larry Carrell G-15734 M&C G-15734 - Adopting Appropriation Ordinance No. 17564-05-2007 Ord. No. 17564- increasing estimated receipts and appropriations in the Contract Street 05-2007 Maintenance Fund in the amount of $361,067.50 from based on a receivable Transfer Funds from the Fort Worth Transportation Authority, for the purpose of funding a for FY 2006-2007 portion of the Fiscal Year 2006-2007 Street Maintenance Program. Street Maintenance Program G-15735 M&C G-15735 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 City Secretary Contract No. 34401 with DFW Advisors, LTD Company, in the to CSC No. 34401 amount of $150,000.00 to provide for additional property acquisition services for Lebow for Lebow Channel Drainage Improvement Project, thereby increasing the total Channel Drainage contract amount to $174,500.00; and authorizing the City Manager to include Improvement additional properties to be delivered to DFW Advisors, LTD Company as Project deemed appropriate. G-15736 M&C G-15736 - Authorizing the City Manager to execute a lease for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 7 of 24 Lease Office Space approximately 162 square feet of space located at 2421 Westport Parkway, at 2421 Westport Suite 800 from Alliance Center-East Association for the Police Department at a Parkway Suite 800 cost of$1.00 per year; and approving the lease term to begin on April 1, 2007, and expire on March 31, 2009, with two twelve-month options to renew. P-10582 M&C P-10582 - Authorizing a purchase agreement for grass seed and sod with Grass Seed and Turfgrass America LP., for the City of Fort Worth based on best value with Sod payment due 30 days from date of invoice; authorizing this agreement to begin May 29, 2007, and expire May 28, 2008, with options to renew for two 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 Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10584 M&C P-10584 - Authorizing the purchase of five new Chevrolet Impalas from Chevrolet Impalas a Tarrant County Cooperative Contract 05-003 with Caldwell Country Chevrolet for the Police Department for a cost not to exceed $95,190.00, with payment due within 30 days of the date of the invoice. L-14323 M&C L-14323 - Authorizing the City Manager to execute five pipeline license Execute License agreements with the Fort Worth & Western Railroad (FWWR) that allows the Agreements for City to install public sanitary sewer and water lines described below across and Public Sanitary underneath FWWR's right-of-way for a lump sum payment of$175,000.00. Sewer or Water Lines Across and Location Description Underneath Near the 2300 block of West Biddison Street Sanitary Sewer Line Railroad Right-of- (CPN 00554, DOE 3256) Way Near the 4100 block of Granbury Road Sanitary Sewer Line (CPN 00017, DOE 4570) Near the Mistletoe Boulevard/Beckham Place Water Line intersection(CPN 00203, DOE 4855) Vickery Boulevard west of Leslie Street Sanitary Sewer Line (CPN 00203, DOE 4855) Dutch Branch Road(CPN 00204, DOE 4856) Water Line L-14324 M&C L-14324 - Approving the acceptance of a lease agreement for natural gas Accept Lease drilling under 51.29 net mineral acres, more or less, of City-owned properties Agreement for located in Tarrant County, Texas, known as the Harmon Field Park to Natural Gas Chesapeake Exploration Limited Partnership for a two-year term. Drilling at Harmon Field Park L-14325 M&C L-14325 - Approving the acceptance of a lease agreement for natural gas Accept Lease CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 8 of 24 Agreement for drilling under 4.03 acres, more or less, of City-owned properties located in Natural Gas Drilling Tarrant County, Texas, known as the University Drive North/Trinity River to at University Drive Chesapeake Exploration Limited Partnership for a two-year term. North/Trinity River C-22139 M&C C-22139 - Authorizing the City Manager to execute Amendment No. 1 to Ord. No. 17565- City Secretary Contract No. 34233, a Community Facilities Agreement with 05-2007 McCart Risinger, LP, for Creekside Estates, Phase 1, to reimburse McCart Amendment No. 1 Risinger, LP, $132,677.84 from previously collected developer funds, for the to CSC No. 34233 installation of community facilities to serve Creekside Estates, Phase 1 and the - McCart Risinger, vicinity; adopting Appropriation Ordinance No. 17565-05-2007 increasing LP estimated receipts and appropriations in the Street Improvements Fund in the amount of$132,677.84 from developer contributions for the purpose of funding Amendment No. 1 to the Community Facilities Agreement with McCart Risinger, LP, for Creekside Estates, Phase 1; and authorizing the City Manager to remit a check in the amount of $132,677.84 made payable to McCart Risinger, LP, for the installation of community facilities to serve Creekside Estates, Phase 1 and the vicinity. C-22140 M&C C-22140 - Rescinding the award of contract to TranSystems, Inc.; and TranSystems authorizing the City Manager to execute a contract with TranSystems Corporation Corporation Consultants in the amount of $767,476.00 for the design of the Consultants Hemphill Street Connection from Vickery Boulevard to Lancaster Avenue. C-22141 M&C C-22141 - Authorizing the transfer of $6,000.00 from the Park Ord. No. 17566- Improvement Fund to the Library Improvement Fund; authorizing the City 05-2007 Manager to execute a $368,340.57 design and construction administration Komatsu/Rangel, services contract with Komatsu/Rangel, Inc., for the construction of the Inc. Northwest Branch Library; and adopting Appropriation Ordinance No. 17566- 05-2007 increasing estimated receipts and appropriations in the Library Improvements Fund in the amount of $6,000.00 from available funds for the purpose of executing a design and construction administration services contract with Komatsu Architecture for the Northwest Branch Library. C-22142 M&C C-22142 - Authorizing the City Manager to execute a Contract for Lease Fort Worth of Property with the Fort Worth Museum of Science and History Corporation Museum of Science for an initial term of 35 years, with two 30 year renewals. and History Corporation C-22143 M&C C-22143 - Authorizing the City Manager to exercise the option to renew CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 9 of 24 Smart City the contract with Smart City Networks Limited Partnership and the City of Fort Networks Limited Worth, to provide exclusive communications services for the Facility Users and Partnership Exhibitors at the Fort Worth Convention Center for a period of one year beginning June 11, 2007, and ending June 10, 2008, with four one-year extensions; and authorizing an amendment to the contract to authorize the City Manager, in lieu of the City Council, to execute the four remaining renewal options in order to expedite the renewal process. C-22144 M&C C-22144 - Authorizing the transfer of$307,059.00 from the Storm Water Ord. No. 17567- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 05-2007 Ordinance No. 17567-05-2007 increasing estimated receipts and appropriations Teague Nall and in the Storm Water Capital Projects Fund in the amount of$307,059.00 from a Perkins, Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Teague Nall and Perkins, Inc., for Cromwell Marine Creek/Comanche Creek Culvert Improvements (City Project No. 00478); and authorizing the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $224,676.00 for Cromwell Marine Creek/Comanche Creek Culvert Improvements. C-22145 M&C C-22145 - Authorizing the transfer of$130,760.00 from the Storm Water Ord. No. 17568- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 05-2007 Ordinance No. 17568-05-2007 increasing estimated receipts and appropriations TranSystems in the Storm Water Capital Projects Fund in the amount of$130,760.00 from a Corporation Storm Water Utility Fund transfer, for the purpose of executing an engineering Consultants agreement with TranSystems Corporation Consultants for Longstraw Channel Improvements (City Project No. 00625); and authorizing the City Manager to execute an engineering agreement with TranSystems Corporation Consultants, in the amount of$73,927.00 for Longstraw Channel Improvements. C-22146 M&C C-22146 - Authorizing the transfer of$63,090.00 from the Storm Water Ord. No. 17569- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 05-2007 Ordinance No. 17569-05-2007 increasing estimated receipts and appropriations HDR Engineering, in the Storm Water Capital Projects Fund in the amount of$63,090.00 from a Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with HDR Engineering, Inc., for Mercado Channel Improvements Study (City Project No. 00779); and authorizing the City Manager to execute an engineering agreement with HDR Engineering, Inc., in the amount of $54,860.00 for Mercado Channel Improvements Study. C-22147 M&C C-22147 - Authorizing the City Manager to execute a Settlement and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 10 of 24 Richard Sikes, Jr. Release Agreement with Richard Sikes, Jr., concerning a permanent sewer water line easement and permanent drainage easement located in east Fort Worth at 5133 Malinda Lane North(DOE 4879). C-22149 M&C C-22149 - Authorizing the City Manager to execute an agreement with Atmos Energy Atmos Energy for the Share the Warmth Program to commence upon execution of the Agreement and to end December 31, 2007, and to include two renewal options for one year each. C-22150 M&C C-22150 - Authorizing the City Manager to execute a license agreement Fort Worth with the Fort Worth Independent School District Adult Education Center for the Independent use of designated space at the Northside Community Center located at 1100 School District Northwest 18th Street, Fort Worth, Texas 76106, at a cost of$2,045.76 per year Adult Education with two, one-year renewal options; and authorizing the City Manager to Center approve the Agreement for a one-year term from June 1, 2007, through May 31, 2008. C-22151 M&C C-22151 - Authorizing the City Manager to execute a contract for Jones & Byrd, Inc. professional services with Jones & Boyd, Inc., in the amount of$65,500.00 for the design and preparation of construction documents for Oakmont Park and Clear Fork Park Improvements. The motion carried. End of Consent Agenda. Agenda Item XIV There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XV There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XVII—REPORT OF THE CITY MANAGER G-15737 There was presented Mayor and Council Communication No. G-15737 from Establish the City Manager recommending that the City Council authorize the Custodial Bank designation of$1,452,675.00 from the General Fund unreserved, undesignated Account for fund balance as Housing and Urban Development (HUD) Review Funds which Resolution of 2004 may be used to bring closure to a 2004 HUD finding; authorize the HUD Finding and establishment of a custodial bank account with Wells Fargo Bank, NA, to retain Authorize the $1,452,675.00 in an account segregated from consolidated City funds; and Custodial authorizing the execution of the related Custody Agreement with Wells Fargo Agreement Bank, NA, governing use of the funds. Mayor Pro tem Hicks noted that any dollars that had to be paid back to HUD, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 11 of 24 the City could always reapply and get the funds back. Council Member Moss asked for clarification of a portion of the discussion section of the M&C that stated, "Any funds that are deemed to be ineligible costs will be returned into the City's Line of Credit. Funds returned to the Line of Credit will be available to be used on other eligible grant fund activities." Assistant City Manager Dale Fisseler stated that this was an agreement that the City worked out with the local office of HUD which allowed the City to place funds into a custodial agreement so that the City would have time to bring in an outside auditor to perform a forensic audit. He added that any funds that the City could not justify to HUD would go back into the City's Line of Credit and then those funds could be used on other federally eligible projects. He further stated that what the City was doing was earmarking General Funds to put back in the City's Line of Credit if the City is not allowed to justify those funds to HUD. Council Member Moss clarified that any of the funds that were determined to be eligible costs would remain as charged in the HUD grant. Mr. Fisseler concurred with Council Member Moss and added that the interest would also remain as charged. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15737 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15738 There was presented Mayor and Council Communication No. G-15738 from Action Delayed the City Manager recommending that the City Council adopt an ordinance Until After amending Chapter 2, Article VI, Division 1, entitled "Employees Retirement Executive Session Fund", Section 2-201, "Definitions", Section 2-202, "Membership in the Fund", Section 2-203, "Members' Contributions", Section 2-204, "City's Contributions" and Section 2-214, "Administration", of the Code of the City of Fort Worth (1986), as amended, providing for changes in the definition of actuary, board and member; changing the requirements of membership in the Fund to comply with state statute; requiring participation in the Fund for members who are eligible to participate; removing the limit on member contributions to the Fund; removing the requirement that there be an increase in City contributions when there is an increase in member contribution; providing for a review of proposed actuarial assumption by the City Council; reducing the number of trustees elected by active employees from seven (7) to four (4); CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 12 of 24 modifying the employee groups from which trustees are elected; increasing the number of trustees elected by retired members to three (3); increasing the number of trustees appointed to the Board by the City Council to five (5); making the Chief Financial Officer of the City a permanent member of the Board; modifying the election procedure for electing trustees; increasing the quorum requirement to seven (7); creating a custodial trustee; providing that this ordinance is cumulative; providing a severability clause; providing that all conditions precedent for the adoption of this ordinance clause. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15738 be approved and the ordinance adopted. Mayor Moncrief stated that Council action would be delayed on this issue until after the Executive Session. G-15739 There was presented Mayor and Council Communication No. G-15739 from Promote the City Manager recommending that the City Council authorizing a payment Equestrian Events of $62,850.00 from the Special Trust Fund to the North Texas Cutting at Will Rogers Champions Club to promote Equestrian Events at Will Rogers Memorial Memorial Complex. Complex Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15739 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 to G-15740 adopt an ordinance designating Tax Abatement Reinvestment Zone No. 59, Ord. No. 17570- City of Fort Worth, Texas, in the vicinity of Meacham Boulevard and North 05-2007 Sylvania Avenue. Mayor Moncrief opened the public hearing and asked if Designate Tax there was anyone present desiring to be heard. Abatement Reinvestment Mr. Mark Folden, Business Development Coordinator, Economic and Zone No. 59 Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15740, as follows: There was presented Mayor and Council Communication No. G-15740 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 59, City of Fort Worth, Texas, in the vicinity of Meacham Boulevard and North CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 13 of 24 Sylvania Avenue; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. 59, 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. There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15740 be approved and Ordinance No. 17570-05-2007 be adopted. 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-15741 approve mid-year amendments to Fiscal Year 2006-2007 Crime Control and Ord. No. 17571- Prevention District budget for funding of Graffiti Abatement Program. Mayor 05-2007 Moncrief asked if there was anyone present desiring to be heard. Approve Mid- Year Amendments City Manager Boswell stated that the Fiscal Information/Certification portion of to FY 2006-2007 the M&C needed to be amended as follows: CCPD Budget for Funding of Insert after "Upon approval,..." in the last sentence, "...the unaudited, Graffiti unreserved, undesignated CCPD fund balance will be $4,854,664.00 which is Abatement the amount available above the minimum reserve fund balance of Program $28,065,576.00 required by the Crime Control and Prevention District's Financial Management Policy (i.e., 60 percent of the current-year adopted budget expenditures)." and delete the remainder of the sentence. Ms. Melody Mitchell, Parks and Community Services Department Acting Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15741, as follows: There was presented Mayor and Council Communication No. G-15741 from the City Manager recommending that the City Council conduct a public hearing to receive public comment on a mid-year amendment of$154,912.00 to the FY 2006-2007 Crime Control and Prevention District (CCPD) budget to fund changes in the Graffiti Abatement Program; close public hearing and approve a mid-year amendment of $154,912.00 to the FY 2006-2007 CCPD budget to fund changes in the Graffiti Abatement Program; and adopt a supplemental appropriation ordinance increasing appropriations in the Crime Control and Prevention District Fund in the amount of $154,912.00 and decreasing the unreserved, undesignated fund balance by the same amount for the purpose of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 14 of 24 funding five (5) partial-year positions and various line item increases for the Graffiti Abatement Program in the Parks and Community Services Department. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15741 be approved as amended and Supplemental Appropriation Ordinance No. 17571-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10583 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. P-10583, Authorize a Purchase Agreement for Records Consideration Management Services with Iron Mountain Information Management, Inc., through U.S. General Services Administration Contract for the City of Fort Worth, be withdrawn from consideration. P-10585 There was presented Mayor and Council Communication No. P-10585 from the Ord. No. 17572- City Manager recommending that the City Council authorize the purchase of 05-2007 two new 110 foot Quint fire apparatus trucks through Houston Galveston Area Quint Fire Council Contract No. FS 12-05 with American LaFrance Gulf Coast for the Fire Apparatus Trucks Department for a cost not to exceed $1,406,201.00 with payment due within 30 days of the date of the invoice; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of$1,406,201.00 to be obtained through the City's Equipment Note Program approved on February 9, 1999, (M&C G-12462) by Ordinance No. 13701 for the purpose of funding two 110 foot Quint fire apparatus through a Houston Galveston Area Council contract with American LaFrance Gulf Coast for the Fire Department. Council Member Jordan made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. P-10585 be approved and Appropriation Ordinance No. 17572-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22133 There was presented Mayor and Council Communication No. C-22133, dated Ord. No. 17573- May 22, 2007, from the City Manager recommending that the City Council 05-2007 approve the transfer of $1,120,000.00 from the Information Systems Fund to Salvaggio, Teal & the Specially Funded Capital Projects Fund for the Enterprise Resource Associates Planning Project (ERP); adopt an appropriation ordinance increasing Consulting appropriations in the Specially Funded Capital Projects Fund in the amount of $1,120,000.00 from available funds, for the purpose of executing a contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 15 of 24 with Salvaggio, Teal & Associates Consulting for the Enterprise Resource Planning Project; and authorize the City Manager to execute a consulting agreement for the first phase of the ERP Project with Salvaggio, Teal & Associates Consulting in an amount not to exceed $860,450.00. Council Member Jordan made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22133 be approved and Appropriation Ordinance No. 17573-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22148 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. C-22148, Authorize Execution of Amendment No. 1 to Consideration City Secretary Contract No. 32326, an Unimproved Ground Lease Agreement with Mandatory Improvements with APIAQ Limited Partnership, at Fort Worth Meacham International Airport, be withdrawn from consideration. C-22152 There was presented Mayor and Council Communication No. C-22152 from the Ord. No. 17574- City Manager recommending that the City Council authorize the City Manager 05-2007 to execute Amendment No. 1 to Community Facilities Agreement, City Amendment No. 1 Secretary Contract No. 33444, with the Keller Independent School District for to CSC No. 33444 improvements to Keller-Hicks Road to include estimated City participation - Keller costs of $1,071,577.00; authorize the City Manager to accept $1,210,629.00 Independent from the Keller Independent School District for improvements to Keller-Hicks School District Road; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $795,247.00 from available funds, for the purpose of executing Amendment No. 1 to (City Secretary Contract No. 33444 with Keller Independent School District) Community Facilities Agreement, for improvement to Keller-Hicks Road. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22152 be approved and Appropriation Ordinance No. 17574-05-2007 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22153 There was presented Mayor and Council Communication No. C-22153 from the Ord. No. 17575- City Manager recommending that the City Council authorize the transfer of 2007 $768,668.08 from the Water and Sewer Operating Fund to the Water Capital Stabile & Winn, Project Fund in the amount of$694,175.50 and Sewer Capital Projects Fund in Inc. the amount of $74,492.58; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 16 of 24 amount of$694,175.50 and the Sewer Capital Projects Fund in the amount of $74,492.58 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main and Replacement on portions of Bomar Avenue, Carter Avenue, Harwood Street and Wilkinson Avenue (City Project No. 00300); and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of$2,056,146.50 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Bomar Avenue (Beach Street to Harwood Street and Harwood Street to Barron Street), Carter Avenue (Beach Street to Harwood Street and Harwood Street to Sanborn Street), Harwood Street (Scott Avenue to Meadowbrook Drive and Meadowbrook Drive to Purington Avenue) and Wilkinson Avenue (Beach Street to Harwood Street). Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22153 be approved and Appropriation Ordinance No. 17575-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22154 There was presented Mayor and Council Communication No. C-22154 from the Amendment No. 1 City Manager recommending that the City Council authorize the City Manager to CSC No. 29797 to execute Amendment No. 1 to City Secretary Contract No. 29797 with - Kimley-Horn Kimley-Horn and Associates, Inc., for the Fort Worth Medical District Water and Associates, Distribution System Evaluation Study and Improvements, Part 2 (City Project Inc. No. 00247), in the amount of $571,300.00 to provide additional engineering services on the project, thereby increasing the contract amount to $1,220,550.00. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22154 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22155 There was presented Mayor and Council Communication No. C-22155 from the Ord. No. 17576- City Manager recommending that the City Council authorize the transfer of 2007 $442,370.00 from the Water and Sewer Operating Fund to the Water Capital Amendment No. 1 Projects Fund; adopt an appropriation ordinance increasing estimated receipts to CSC No. 33944 and appropriations in the Water Capital Projects Fund in the amount of - One SR, L.P., $442,370.00 from a Water and Sewer Fund transfer, for the purpose of Sendera Ranch, executing Amendment No. 1 to City Secretary Contract No. 33944, a LTD., and Two Community Facilities Agreement with One SR, L.P., Sendera Ranch, LTD., SR, L.P. and Two SR, L.P., for the installation of the Northside II 42-inch Approach Water Main; and authorize the City Manager to execute Amendment No. 1 to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 17 of 24 City Secretary Contract No. 33944, a Community Facilities Agreement with One SR, L.P., Sendera Ranch, LTD., and Two SR, L.P., in the amount of $442,370.00 for the installation of the Northside II 42-inch Approach Water Main. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22155 be approved and Appropriation Ordinance No. 17576-05-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item Mayor Moncrief recognized Mr. G. P. "Pat" Taylor, 2901 Sappington Place, XVIII Unit D, as desiring to address the Council relative to the lack of code Citizen enforcement and law enforcement on Lackland Road and Sappington Place Presentations Redux; however, Mr. Taylor was not present in the Council Chamber. P.G. Taylor L. Edward Mr. L. Edward Briscoe, Jr., 2240 Briardale Road, President of the Glencrest Briscoe, Jr. Civic League Neighborhood Association, appeared before Council relative to a proposed high impact gas well being built within 330 feet of residential property. Mr. Briscoe stated that the Four Sevens Oil Company anticipated drilling the gas well at the golf course at the Glen Garden Country Club but the neighborhood was notified in May that the company had altered that plan and now intended to build the gas well within 330 feet of a home. He advised that a waiver was provided by one of the property owners within the 600 foot radius of where the well was to be located and as the neighborhood association understood the process, they would now not be able to provide input on the placement of the gas well. He added that the neighborhood had started a petition drive to oppose any high impact gas well from being drilled in any neighborhood in Fort Worth. He referred to a recent gas well fire in the City and asked the Council to deny the permit for the gas well being proposed and force the Four Sevens Oil Company to move the gas well 600 feet from residential property. He also expressed concern with the gas well being drilled at the proposed location and the impact it would have on the already old road, increased traffic and the environment. Mayor Pro tem Hicks stated that she had no knowledge of this gas well until Mr. Briscoe brought it to her attention. She added that she attended a neighborhood meeting about this issue and was pleased with the large turnout by the neighborhood. She expressed concern that there could be a loophole whereby citizens could sign a waiver to have gas wells drilled within 300 feet of their home and the issue had not gone before the Council for consideration. She explained that to get to the well site the company would have to drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 18 of 24 through the middle of the neighborhood which would negatively impact the neighborhood. She added that she had visited with representatives at the golf course several times over the last two years and she was assured that the gas well would not be a high impact gas well. She urged the community and City staff to work with the golf course and Four Sevens Oil Company to move the gas well back on the golf course property. She also asked if other homes were affected by this issue. Assistant City Manager Dale Fisseler stated that staff would need to look at the holistic project to see what the issues were and that it was his understanding that the drilling could affect more than one home. Council Member Burdette stated that as he understood the City's current ordinance a gas well could not be drilled within 600 feet of a resident unless one of two things happened: a waiver must signed by owners of the property within 600 feet of the gas well, and if not, the matter must go before the Council for consideration. He added that he would like to have a presentation by staff so the Council understood why the drilling company thought it was important that the gas well be placed at the proposed location rather than somewhere else, what waivers were signed and under what circumstances and whether or not the Council might take a look at this issue even though it was administratively approved under the City's present ordinance. He further stated that he would not characterize the administrative approval with waivers a loophole as it was carefully studied before adoption of the ordinance. Council Member Scarth stated that the Gas Well Task Force debated this issue. He added the intent was that if there were two, three or four people that were within the 600 foot setback that were also presumably participants in the lease, then why would the City stand in the way if they were the only owners affected by the drilling. He stated that it appeared there could be some miscommunication or that all the facts had not been presented. Mr. Fisseler stated that he would research the whole history of the project and provide a report to the Council. Mayor Pro tem Hicks requested that approval of the gas well be delayed until this matter could be clarified. She noted that a public meeting on this proposal was scheduled on May 31, 2007, in the Handley Meadowbrook Civic Center which was not even in the District. She added that the oil company needed to meet with the neighborhood in their community to respond to any questions on this issue. Mr. Fisseler clarified that the meeting at the Handley Meadowbrook Civic CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 19 of 24 Center was a scheduled monthly meeting and the company was using that opportunity to provide information on the gas well. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:53 a.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: a) Legal issues related to nuisance abatement; b) 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. The Executive Session was adjourned at 1:25 p.m. Reconvened The City Council reconvened into regular session at 1:29 p.m. G-15738 There was presented Mayor and Council Communication No. G-15738 from Ord. No. 17577- the City Manager recommending that the City Council adopt an ordinance 05-2007 amending Chapter 2, Article VI, Division 1, entitled "Employees Retirement Amend Chapter 2, Fund", Section 2-201, "Definitions", Section 2-202, "Membership in the Fund", Article VI, Section 2-203, "Members' Contributions", Section 2-204, "City's Division 1, Contributions" and Section 2-214, "Administration", of the Code of the City of Sections 2-201, Fort Worth (1986), as amended, providing for changes in the definition of 2-202, 2-203, 2-204 actuary, board and member; changing the requirements of membership in the and 2-214 of City Fund to comply with state statute; requiring participation in the Fund for Code members who are eligible to participate; removing the limit on member contributions to the Fund; removing the requirement that there be an increase in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 20 of 24 City contributions when there is an increase in member contribution; providing for a review of proposed actuarial assumption by the City Council; reducing the number of trustees elected by active employees from seven (7) to four (4); modifying the employee groups from which trustees are elected; increasing the number of trustees elected by retired members to three (3); increasing the number of trustees appointed to the Board by the City Council to five (5); making the Chief Financial Officer of the City a permanent member of the Board; modifying the election procedure for electing trustees; increasing the quorum requirement to seven (7); creating a custodial trustee; providing that this ordinance is cumulative; providing a severability clause; providing that all conditions precedent for the adoption of this ordinance clause. Mayor Moncrief stated that Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, to approve the ordinance as presented. Council Member Davis made a substitute motion, seconded by Council Member Burdette that Mayor and Council Communication No. G-15738 be approved and the ordinance be adopted and amended as follows: a. Amend Section 2-201, "Definitions" by removing "overtime" from the definition of"Earnings" effective January 1, 2008. b. Amend Section 2-207 "Compensation Base for Determining Benefits" by providing that income received from working overtime be excluded from earnings after January 1, 2008. c. Move to create an "Overtime Account" whereby City and Member contributions on income received from overtime would be placed into individual accounts for the benefit of the member to be paid out upon the member's termination or retirement from employment with the City. d. Move to amend Section 2-210, "Retirement Pension" to allow vested members and those receiving benefits from the Retirement Fund to elect between a 2 percent simple cost of living adjustment and an ad hoc cost of living adjustment; and to require the ad hoc cost of living adjustment, upon retirement, for non-vested employees and for persons who begin service with the City on or after January 1, 2008. Council Member Burdette explained his support of the substitute motion by addressing the $50+ million of unfunded liability in the Employees' Retirement Fund. He stated that the recommendations were a result of studies over the last CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 21 of 24 six weeks, discussed twice by the Council and Audit and Finance Committee and added that he was prepared to move forward on this issue as it was imperative that the Council do so in behalf of the taxpayers to address this large unfunded liability. He expressed concern that the action taken by the Council today was the last time the Council would have the opportunity to take action before the end of this month, and that after the end of this month the Council may be faced with some restrictions under recently passed legislation which the Governor was expected to sign very soon. He further expressed concern that those changes under state law may further restrict this Council's ability to make some of these changes. Council Member Jordan stated that he could not support the substitute motion as the three issues of Ad Hoc COLA, overtime and contribution rates were all administrative changes that could be discussed during the budget process at the Budget Retreat on June 14 and 15, 2007. He added that he had been advised by Legal staff that these administrative changes could be made beyond the May 31, 2007, deadline involving Senate Bill 976. He pointed out that the administrative changes had budgetary constraints and therefore he could not support the substitute motion. Council Member Espino stated he could also not support the substitute motion. He added that he agreed with Council Member Jordan that the three issues could be best addressed during the Budget Retreat. He pointed out that the Council had been dealing with trust and credibility issues with employee groups for the past two years and last week the Council indicated they would not be moving forward with those changes. He further stated that to make those changes today would continue to undermine that trust and credibility. Council Member Davis explained her reasoning for the changes moving forward today. She stated that almost two years ago when this dialog began and continuing through this year, it was the Council's agreement with the employee group based on recommendations made by the Retirement Fund auditor, that two directions would be taken to help bail out the unfunded liability of the Pension Fund: One was to make the Ad Hoc COLA changes that were suggested and part of her motion today; the other was to increase the contributions that were being made to the Pension Fund by five percent. She added that the agreement between the Council and employee groups, albeit an informal agreement, was that the Council would make up three percent of that contribution and the employees would make up two percent. She addressed the trust factor and that it was terribly important and that she also had trust issues as well. She pointed out that after the agreement was made with the employees, that some of the employees went to the state level and worked to effectuate CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 22 of 24 state control of the City's pension fund, which they achieved. After that achievement, the City heard from some of those same employee groups that they were no longer going to follow through on the agreement that the employees contribute two percent and the City contribute three to make up the five, but instead because of their new found benefit under Senate Bill 976, they were going to stand firm against doing that and ask the City to make that five percent contribution. She stated that she had been on the Council for eight years and had worked with the City's employee groups on a number of occasions and she believed in every instance she had tried very hard to carefully weigh the taxpayer interest and employee interest in a way that was reasonable and fair. She emphasized that the City had over a $400 million unfunded liability in the Pension Fund and only the Council could make a change to impact that unfunded liability. She added that the Council was comprised of representatives of the taxpayers and it was the Council's duty to taxpayers to move forward in a way that was in keeping with protecting those tax dollars. She further stated that the City Manager and staff had worked for many months on these issues; that repeated conversations had been conducted; and an Audit and Finance Committee was created to discuss in depth and detail about these issues. She further stated that the Audit and Finance Committee was told that these changes needed to be adopted by May 31, 2007, to lessen the impact of litigation should the City proceed, and as a result of that the Committee met three times over a short period of time to make a recommendation to the Council in time for the Council to act prior to May 31, 2007. She emphasized that the Committee made a recommendation that all three of the City Manager's recommendations be adopted: that a five percent contribution increase would occur split between three percent by the City and two percent by the employees; that the Ad Hoc COLA changes would be made; and that overtime would be removed from the definition of earnings and set aside into an overtime account so that it would no longer have a negative impact that it has had on the fund. She pointed out that the overtime decision alone saved over $70.5 million for the taxpayer in the unfunded liability that they currently would be responsible for today. She added that she understood and respected every member of the Council and their individual opinion on when the decisions should be made; however, it was her personal belief that the most conscientious thing the Council could do on behalf of the taxpayers, is today, prior to May 31, 2007, prior to the opportunity for increased litigation potential by virtue of waiting until Senate Bill 976 had been effectuated, was to move forward in this direction adopting these very thoughtful recommendations made by the City Manager. Council Member Jordan corrected his previous statement that the changes were CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29, 2007 PAGE 23 of 24 administrative changes. He stated that they were not administrative changes in his opinion or that of the Legal staff He added that under the provisions that did not activate the May 31, 2007, deadline. He stated that the changes did have serious budgetary considerations and that they needed to be deliberated during the Budget Retreat. Mayor Moncrief called for the vote on the substitute motion. The substitute motion failed two (2) ayes to seven (7) nays, with Council Mayor Moncrief, Mayor Pro tem Hicks and Council Members Espino, Silcox, Scarth, Moss and Jordan casting the dissenting votes. Mayor Moncrief called for a vote on the original motion. Council Member Silcox requested clarification on the original motion. City Attorney Yett explained that the original motion was to approve the proposed ordinance that contained amendments to the following sections: a. Section 2-201, Definitions for Actuary, Board and Member b. Section 2-202, Membership in Fund — changed the requirements for membership in the fund. c. Section 2-203, Members' Contributions — eliminate the contribution cap for member contributions. d. Section 2-204, City's Contributions — eliminate the requirement that the City match member contribution increases. e. Section 2-214, Administration — change the board composition and election process; increase the number of members required for a quorum to seven; and create a custodial trustee. Council Member Davis stated that she would vote in favor of the original motion as she felt these were important changes to the ordinance that the City needed to move forward on. The original motion that Mayor and Council Communication G-15738 be approved and Ordinance No. 17577-05-2007 be adopted carried eight (8) ayes to one (1) nay, with Council Member Burdette casting the dissenting vote. Agenda Item XX There being no further business, the meeting was adjourned at 1:48 p.m. in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 29,2007 PAGE 24 of 24 Agenda Item XX There being no further business, the meeting was adjourned at 1:48 p.m. in Adjournment memory of Mr. Pete Medrano. These minutes approved by the Fort Worth City Council on the 5`h day of June, 2007. Attest: Approved: A Marty endrix Mic ael YMoncri City Secretary Mayor