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HomeMy WebLinkAbout2007/07/17-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 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 Frank Moss, 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 10:15 a.m. on Tuesday, July 17, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item II The invocation was given by Mr. Mark Washington, Human Resources Invocation Department Assistant Director and Pastor of Armstrong AME 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 Jordan, the minutes of the regular meeting of July 10, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Council Member Espino presented a Proclamation for Parks and Recreation Special Month to Mr. Steve Relyea, Chair, Parks and Community Services Advisory Presentations Board. Mayor Moncrief recognized Richard Zavala, Parks and Community Services Department Director, for serving in the temporary assignments of Acting Assistant City Manager starting in May 2003 and Acting Finance Director starting in October 2006. Mayor Moncrief read a quote from Elvis Presley that stated the continued success of any actor was the ability to entice the audience CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 2 of 22 by broadening their talent in various capacities. He added that Mr. Zavala demonstrated his talent through the dedication of many long hours and hard work to these positions and expressed appreciation on behalf of the Council and City. (Council Member Davis assumed her place at the dais.) City Manager Boswell presented Mr. Zavala with a City of Fort Worth Best Actor Oscar in light of him serving in "Acting" capacities since 2003. Mr. Zavala stated that each time he served it was through a team effort of everyone every time. He added that the experience was a great opportunity. Ms. Julie H. Wilson, Vice President Corporate Development for the Chesapeake Energy Corporation and Community Foundation of North Texas, presented information to the Council relative to the $1.25 million Chesapeake Scholarship Fund for minorities and disadvantaged youth. She outlined the specifics for receiving the scholarships and offered an additional challenge grant of $1.25 million with the criteria that an equal match must be raised by various communities within 12 months of when Chesapeake first funded this scholarship fund, June 8, 2007. She added that the matched funds would be awarded in proportion raised by each City and requested that the community appoint a Fort Worth Campaign Chair to raise these funds. She introduced Mr. Homer Dowd, President of the Community Foundation of North Texas and Ms. Lynn Platania, Director of Community Relations. The Council expressed appreciation for Chesapeake's commitment to the community and stated that it was an example of the benefits derived from the Barnett Shale. Agenda Item VI Council Member Moss announced that a Gas Mineral Leasing Workshop would Announcements be conducted on July 26, 2007, at 6:30 p.m. at the Holy Tabernacle Church of God in Christ, 2800 E. Loop 820 South. He stated that the workshop would provide information on the City's ordinance and leasing process and that no representatives from gas well companies would be present; however, individuals who had signed leases would be available to answer any questions. Council Member Jordan took this opportunity to salute the men and women in uniform for the service they were providing in defense of the country. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 3 of 22 Council Member Davis announced that a public meeting on the urban village design for the Berry and University intersection would be conducted July 18, 2007, at 6:00 p.m. at the University Christian Church, Room 204. She also announced a public meeting on the urban village design for the Bluebonnet Circle on July 21, 2007, at 9:30 a.m. at the Kelly Center. Council Member Burdette announced that the Lake Worth Master Plan Steering Committee would meet on July 19, 2007, at 6:30 p.m. at Lake Worth City Hall. He stated that the topics for discussion would include dredging of the lake. He also announced that on July 25, 2007, at 6:30 p.m. at the R.D. Evans Community Center, a public meeting would be conducted to review and ask questions of the Joint Land Use Study Committee which was commissioned to study the problem of possible base closures in the future. He added that the Committee was conducting a study and would recommend to the Council how property should be developed in the future to assure the continued viability of the Joint Reserve Base in Fort Worth. He encouraged everyone interested to attend. Council Member Espino announced that the Latino Leadership Breakfast would be held on July 21, 2007, at 8:30 a.m. at the Los Vaqueros Restaurant, 2629 North Main Street. He stated that the guest speaker would be Tarrant County Judge Glen Whitley. He stated anyone interested in attending the breakfast should call (817) 625-5411 for more information. Mayor Pro tem Hicks announced that the Southeast Urban Village Public Meeting would take place July 19, 2007, at Dunbar High School, 5700 E. Ramey at 6:30 p.m. Council Member Silcox stated that flyers for the public meeting on July 25, 2007, at the RD Evans Community Center were sent to property owners within the Fort Worth boundary within the 65 decibel or louder noise area, but that the meeting was open to everyone interested on this issue. He added that the Committee was scheduled to make presentations to six City Councils and Tarrant County during September on what the Committee would recommend relative to zoning changes, building codes and other ideas to help cities prepare for possible base closures. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-22246 and C-22249 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 4 of 22 Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22249 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member 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-1615 M&C OCS-1615 - 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-15780 M&C G-15780 — Adopting Appropriation Ordinance No. 17650-07-2007 Ord. No. 17650- increasing estimated receipts and appropriations in the Grants Fund in the 07-2007 amount of $15,343.10 from available funds for the purpose of providing Acknowledge and additional funding to an existing Fair Housing Assistance Program Cooperative Accept Interest Agreement between the Fort Worth Community Relations Department and the Earnings Derived U. S. Department of Housing and Urban Development; and authorizing the from Fair Housing expenditure of$15,343.10 in accordance with eligible grant activities. Assistance Program G-15781 M&C G-15781 — Adopting Supplemental Appropriation Ordinance No. 17651- Res. No. 3502-07- 07-2007 increasing appropriations in the General Fund in the amount of 2007 $25,000.00 and decreasing the unaudited, unreserved, undesignated fund Ord. No. 17651- balance by the same amount, for the purpose of funding a resolution for the 07-2007 employment of Shawn A. Orme with the law firm Berry, Appleman & Leiden, Authorize LLP, as outside legal counsel to represent the City in employment-related Employment of immigration matters; authorizing the City to retain Shawn A. Orme and his Outside Legal associates with the law firm Berry, Appleman & Leiden, LLP, as outside Counsel to Assist counsel pursuant to Chapter VI, Section 3 of the City Charter, to assist the City and Advise on Attorney with legal issues regarding the City's employment-related Employment- immigration matters, including but not limited to applications to the United Related States Citizenship and Immigration Services for work visas when the City Immigration identifies an outstanding candidate for employment who requires permission to Matters work in the United States; and adopting Resolution No. 3502-07-2007 fixing in advance, as far as practicable, the amount to be paid to Berry, Appleman & Leiden, LLP, in an amount not to exceed $25,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 5 of 22 G-15782 M&C G-15782 —Adopting Ordinance No. 17652-07-2007 amending Chapter 2, Ord. No. 17652- Article IX, of the Code of the City of Fort Worth, "Personal Liability Indemnity 07-2007 Plan", raising the maximum amount payable on behalf of a plan member; Amend Chapter 2, providing that this ordinance shall be cumulative; providing a severability Article IX of the clause; and providing an effective date. City Code G-15783 M&C G-15783 — Adopting Supplemental Appropriation Ordinance No. 17653- Res. No. 3503-07- 07-2007 increasing appropriations in the Solid Waste Fund in the amount of 2007 $50,000.00 and decreasing the unaudited, unreserved, undesignated fund Ord. No. 17653- balance by the same amount, for the purpose of authorizing the City Attorney to 07-2007 retain Kelly, Hart and Hallman, P.C., to assist the City Attorney with legal Authorize Outside issues related to the agreement to lease and operate the Southeast Landfill Legal Council to between the City and Allied Waste Services, d/b/a Trinity Waste Services; and Assist and Advise adopting Resolution No. 3403-07-2007 fixing in advance, as far as practicable, on Agreement to the compensation to be paid to Kelly, Hart and Hallman, P.C., in an amount not Lease and Operate to exceed $50,000.00. Southeast Landfill G-15784 M&C G-15784 — Authorizing the City Manager to execute a contract with The Execute Contract Waters Consulting Group, Inc., for executive search consultant services for the for Executive recruitment and selection of a City Manager, for an amount not to exceed Search Consultant $22,500.00 for professional services and $8,500.00 for related expenses. Services for City Manager G-15785 M&C G-15785 — Adopting Appropriation Ordinance No. 17654-07-2007 Ord. No. 17654- increasing estimated receipts and appropriations in the Special Trust Fund in 07-2007 the amount of$466,500.00 from available funds for the purpose of executing a Execute five-year application software support and maintenance service agreement with Application MAXIMUS Justice Solutions Division, Inc., for the Municipal Court Integrated Software Support Case Management and Electronic Document Management System; authorizing and Maintenance the City Manager to execute a five-year application software support and Agreement for maintenance service agreement with MAXIMUS Justice Solutions Division, Municipal Court Inc., for the Municipal Court Integrated Case Management and Electronic Document Management System for an amount not to exceed $93,300.00 annually and $466,500.00 in total; and authorizing the City Manager to enter into subsequent annual renewals of the service agreement for application software support and maintenance services, subject to funds being appropriated for such renewal periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 6 of 22 G-15786 M&C G-15786 — Adopting Ordinance No. 17655-07-2007 amending the Code Ord. No. 17655- of the City of Fort Worth (1986), as amended, by the amendment of Chapter 07-2007 12.5, "Environmental Protection and Compliance", Article III, "Solid Waste Amend Chapter and Recycling", by the amendment of Division 1, "General Provisions", 12.5,Article VIII, Section 12.5-800 "Definitions"; and amending Division 2, "Household of City Code Collection", Section 12.5-821 "City Household Collection Service", Subsections (b) and (c); and further amending said chapter by the amendment of Division 4, "Deposits, Rates and Collection", Section 12.5-840, "Deposits", Subsections (c), (d) and (e); 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; providing a savings clause, providing for publication in the official newspaper of the City; and providing an effective date. P-10620 M&C P-10620 — Authorizing the purchase of a new street sweeper from Texas New Street Association of School Boards (TASB) contract 206-04 with Kinloch Equipment Sweeper & Supply, Inc., for the Transportation/Public Works Department for a cost not to exceed $150,218.00 with payment due within 30 days of the date of the invoice. P-10621 M&C P-10621 — Adopting Supplemental Appropriation Ordinance No. 17656- Ord. No. 17656- 07-2007 increasing appropriations in the Water and Sewer Fund in the amount 07-2007 of $22,796.00 and decreasing the unaudited, unreserved, undesignated cash Four New Tiger balance by the same amount for the purpose of funding the purchase of four Star Extended new Tiger Star extended cab electric trucks from American Golf Cars for the Cab Electric Water Department; and authorizing a sole source purchase of four new Tiger Trucks Star Extended cab electric trucks from American Golf Cars for the Water Department for a cost not to exceed $68,796.00 with freight added and payment due 30 days after receipt of invoice. L-14355 M&C L-14355 — Approving the acceptance of a lease agreement for natural gas Accept Lease drilling under 32.589 acres more or less of City-owned properties located in Agreement with Tarrant County known as the Greenway Park to Chesapeake Exploration Chesapeake Limited Partnership for a two-year term. Exploration Limited Partnership C-22247 M&C C-22247 — Authorizing the City Manager to enter into a contract with SCDP, Inc. SCDP, Inc., to implement a Small Contractors Development Program for the City of Fort Worth for an amount not to exceed $75,000.00 for the remainder of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 7 of 22 Fiscal Year 06-07; and authorizing the contract to begin upon its execution and expire the last day of Fiscal Year 06-07 with two one-year options to renew, subject to performance and funding, at an amount not to exceed $320,000.00 per year. C-22248 M&C C-22248 — Authorizing the City Manager to execute a contract with RKM Utility RKM Utility Service, Inc., in the amount of $281,175.00 for the West Fifth Service, Inc. Street Storm Drain Sediment Removal. C-22250 M&C C-22250 — Authorizing the City Manager to execute Amendment No. 2 Ord. No. 17657- to City Secretary Contract No. 33784 with the Texas Commission on 07-2007 Environmental Quality extending the contract time through August 31, 2008, Amendment No. 2 and increasing the not to exceed amount from $529,000.00 to $895,181.00; to CSC No. 33784, adopting Appropriation Ordinance No. 17657-07-2007 increasing estimated Texas Commission receipts and appropriations in the Grants Fund in the amount of $366,181.00 on Environmental subject to receipt of an executed interlocal agreement with the Texas Quality Commission on Environmental Quality for the purpose of funding the operation of Local Air Pollution Particulate Emission Monitoring Sites; and applying indirect cost at the rate of 21.48 percent in accordance with terms of the interlocal agreement. C-22251 M&C C-22251 - Recommending that the City Council: Ord. No. 17658- 07-2007 1. Authorize the City Manager to execute an amendment to City Secretary Ord. No. 17659- Contract No. 32354 with the Texas Commission on Environmental 07-2007 Quality increasing the not to exceed amount of the contract from Amend CSC No. $552,563.00 to $830,576.00; 32354, Texas Commission on 2. Authorize a non-interest bearing inter-fund loan from the Environmental Environmental Operating Fund to the Grants Fund in the amount of Quality $69,503.00 for interim financing for the grant pending contract execution; 3. Authorize the use of$136,932.00 from the General Fund as an in-kind match for this amendment; 4. Adopt Appropriation Ordinance No. 17658-07-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $278,013.00 subject to receipt of an executed Interlocal Agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of Local Air Pollution Particulate Emission Monitoring Sites; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 8 of 22 5. Adopting Appropriation Ordinance No. 17659-07-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $136,932.00 subject to receipt of an executed Interlocal Agreement with the Texas Commission on Environmental Quality for the purpose of funding the operation of Local Air Pollution Particulate Emission Monitoring Sites; and 6. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental Management Department. C-22252 M&C C-22252 — Authorizing the City Manager to execute an Interlocal Ord. No. 17660- Agreement with the Texas Commission on Environmental Quality to operate 07-2007 three continuous air monitoring stations for the period September 1, 2007, Texas Commission through August 31, 2008; and adopting Appropriation Ordinance No. 17660- on Environmental 07-2007 increasing estimated receipts and appropriations in the Grants Fund in Quality the amount of $60,000.00 subject to receipt of an executed contract with the Texas Commission on Environmental Quality for the purpose of funding the operation of three continuous air monitoring stations for the period September 1, 2007, through August 31, 2008. C-22253 M&C C-22253 — Authorizing the City Manager to execute Amendment No. 1 Ord. No. 17661- to City Secretary Contract No. 33768 with the Texas Commission on 07-2007 Environmental Quality extending the contract time through August 31, 2008, Amendment No. 1 and increasing the not to exceed amount from $34,000.00 to $70,727.00; to CSC No. 33768, adopting Appropriation Ordinance No. 17661-07-2007 increasing estimated Texas Commission receipts and appropriations in the Grants Fund in the amount of $36,727.00 on Environmental subject to receipt of an executed Interlocal Agreement with the Texas Quality Commission on Environmental Quality for the purpose of funding the operation of Local Air Pollution Particulate Emission Monitoring Sites; and applying indirect cost at the most recently approved rate of 21.48 percent for the Environmental Management Department. C-22254 M&C C-22254 — Authorizing the City Manager to execute a joint-funding U. S. Geological agreement for water resource investigations with the U. S. Geological Survey; Survey and authorizing the payment of the City's share of the cost in the amount of $33,232.00 for the data collection activities. C-22255 M&C C-22255 — Authorizing the City Manager to execute Amendment No. 1 Amendment No. 1 to to City Secretary Contract No. 32107 with Schrickel, Rollins and Associates, CSC No. 32107, Inc., in the amount of $110,650.00 for final design and preparation of Schrickle, Rollins construction documents for Trail Drivers Park Neighborhood Trail Linkage to and Associates, Inc. the Trinity River Trail System, for a total contract amount of$192,650.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 9 of 22 The motion carried. End of Consent Agenda. Agenda Item X Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, Presentations by that Sally Allsup be appointed to Place 6 on the Urban Forestry Board effective City Council July 17, 2007, and with a term expiring October 1, 2008. The motion carried Appointments unanimously nine (9) ayes to zero (0) nays. Council Member Jordan made a motion, seconded by Council Member Espino, that Don Doyle be reappointed to the Golf Advisory Committee effective July 17, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council set today as the date for the continuation of a G-15747 public hearing on Mayor and Council Communication No. G-15747 to consider Waiver for High a waiver for a high impact gas well permit requested by XTO Energy for the Impact Gas Well Tucker-11-1, 2H and Skinner 1H wells to be drilled on Pad-A of the Burkhalter Permit Lease. Mayor Moncrief opened the public hearing and asked if anyone was present desiring to be heard. Ms. Susan Alanis, Planning and Development Department Assistant Director, appeared before Council, provided a staff report and called attention of Mayor and Council Communication No. G-15747 as follows: There was presented Mayor and Council Communication No. G-15747, dated June 5, 2007, from the City Manager recommending that the City Council consider granting a waiver for the high impact gas well permit request of XTO Energy to allow the drilling of the Tucker-1H, 2H and the Skinner 1H gas wells on Pad-A of the Burkhalter Lease. Mayor Pro tem Hicks and Council Member Scarth requested Council consideration to abstain from voting on this issue. There being no one present desiring to be heard, Council Member Jordan made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G-15747 be approved. The motion carried seven (7) ayes, zero (0) nays, and two abstentions from Mayor Pro tem Hicks and Council Member Scarth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 10 of 22 G-15787 There was presented Mayor and Council Communication No. G-15787 from Ord. No. 17662- the City Manager recommending that the City Council authorize the rescission 07-2007 of M&C G-15593 adopted on January 23, 2007; authorize the City Manager to Rescind M&C G- apply for and accept, if awarded, an Economic Development Initiative Special 15593; Grant Project grant in the amount of $198,400.00 from the U.S. Department of Agreement with Housing and Urban Development (HUD) for the Lancaster Avenue Median HUD for Lighting project or another appropriate project located in the Lancaster Lancaster Avenue Corridor Redevelopment area; authorize the City Manager to execute a Grant Median Lighting Agreement with HUD to fund the Lancaster Avenue Median Lighting project or Project another appropriate project located in the Lancaster Corridor Redevelopment area; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $198,400.00 subject to receipt of the grant from the U.S. Department of Housing and Urban Development, for the purpose of funding the Lancaster Corridor Redevelopment area. Council Member Jordan clarified with Dana Burghdoff, Planning and Development Department Assistant Director, that this M&C did not include funding for the public art; it was strictly for accepting the grant. Ms. Burghdoff clarified that this M&C did include the four original proposed sculptures but did not include the funding for the additional two laser-cut stainless steel sculptures proposed for the median on Lancaster Avenue. Mayor Pro tem Hicks requested that staff provide a breakdown of expenditures on this project and the source of the funding for the expenditures. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15787 be approved and Appropriation Ordinance No. 17662-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15788 Mayor Moncrief stated that action on Mayor and Council Communication G- Action Delayed 15788, Adoption of Resolution Notifying the Board of Trustees of the Until Completion Employees' Retirement Fund of the City of Fort Worth of City Council's Intent of Pre-Council to Consider Benefit Reductions, would be delayed until after completion of the Worksession Council's Executive Session and reconvening of the Pre-Council Worksession. G-15789 There was presented Mayor and Council Communication No. G-15789 from Ord. No. 17663-07- the City Manager recommending that the City Council consider and adopt the 2007 findings and opinions of the City staff as presented herein; find that the public Grant Authority to necessity and convenience requires the operation of two pedicabs upon the city Go Green Taxi, streets, alleys, and public thoroughfares; and adopt an ordinance granting the LLC,to Operate CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 11 of 22 Pedicabs on City privilege of operating authority to Go Green Taxi, LLC, for the use of the Streets,Alleys and streets, alleys and public thoroughfares of the City in the conduct of its pedicab Thoroughfares business which shall consist of the operation of two (2) pedicabs for a three (3) year period beginning on the effective date; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for a penalty, providing for written acceptance by Go Green Taxi, LLC; and providing an effective date, such ordinance being subject to and conditioned upon Go Green Taxi, LLC, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986) as amended. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15789 be approved and Ordinance No. 17663-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15790 There was presented Mayor and Council Communication No. G-15790 from Accept Donation the City Manager recommending that the City Council authorize the City from Moncrief Manager to enter into an agreement with the Center for Plant Conservation to Endowment Fund designate the Fort Worth Botanic Garden as custodial to protect and propagate for Fort Worth endangered plant species and maintain gene pool; authorize the City Manager Botanic Garden to enter into an agreement with the United States Department of Agriculture to designate the Fort Worth Botanic Garden as custodian of confiscated plants; and accept a donation from the Fort Worth Garden Club, Inc., Moncrief Endowment Fund of furnishings valued at $50,000.00 for the Conservation Greenhouse at the Fort Worth Botanic Garden. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15790 be approved with appreciation. 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 on G-15791 Mayor and Council Communication No. G-15791 to authorize the City Ord. No. 17664-07- Manager to submit to the Crime Control and Prevention District (CCPD) Board 2007 of Directors an amendment to the FY 2006-2007 CCPD budget for the Ord. No. 17665-07- acquisition of property located at 3616 East Lancaster, to be used for a Crime 2007 Laboratory with property and evidence room; approve budget amendment; Amend FY 2006- 2007 me CCPD Budget approve transfer of funds to the Specially Funded Capital Projects Fund; to Acquire Property authorize contract of sale and adopt an appropriation ordinance. Mayor for Crime Moncrief opened the public hearing and asked if there was anyone desiring to Laboratory be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 12 of 22 Ms. Kara Shuror, Assistant Police Director, appeared before Council, presented a staff report and called attention to Mayor and Council Communication No. G- 15791 as follows: There was presented Mayor and Council Communication No. G-15791 from the City Manager recommending that the City Council: 1. Authorize the City Manager to submit to the CCPD Board of Directors an amendment of$1,300,000.00 to the FY 2006-2007 CCPD budget to fund the purchase of land and building, located at 3616 East Lancaster to be used for a Crime Laboratory with property and evidence room; 2. Conduct a public hearing to receive public comment on the proposed amendment of$1,300,000.00 to the FY 2006-2007 CCPD budget; 3. Approve an amendment of $1,300,000.00 to the FY 2006-2007 CCPD budget subject to approval by the CCPD Board; 4. Adopt a supplemental appropriation ordinance increasing appropriations in the Crime Control and Prevention District Fund in the amount of $1,300,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount for the purpose of transferring said funds to the Specially Funded Capital Projects Fund; 5. Authorize the transfer of $1,300,000.00 from the CCPD Fund to the Specially Funded Capital Projects Fund; 6. Adopt a supplemental appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,300,000.00 from available funds for the purpose of funding the purchase of land and building located at 3616 E. Lancaster; and 7. Authorize the City Manager to execute a Contract of Sale for property located at 3616 E. Lancaster for $1,200,000.00 plus estimated closing costs of$100,000.00 with Cox Lancaster Venture, L.P. Such agreement to be contingent on receiving approval and funding from the CCPD Board. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 13 of 22 There being no one present desiring to be heard Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15791 be approved with appreciation to Assistant City Manager Joe Paniagua and City staff, and that Supplemental Appropriation Ordinance Nos. 17664-07-2007 and 17665-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22240 There was presented Mayor and Council Communication No. C-22240 from the Withdrawn from City Manager recommending that the City Council authorize the City Manager Consideration to execute an agreement with 100 West Exchange Avenue, Inc., (West X) to close the 100 block of West Exchange Avenue every weekend beginning at 6:00 a.m. on Friday through 6:00 a.m. on Monday in order to provide a pedestrian friendly walkway in this part of the Stockyards for a term of six months to begin on July 6, 2007, and expire on January 7, 2008. Council Member Espino advised that the applicant had requested withdrawal of this agreement and made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22240 be withdrawn from consideration. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22241 Mayor Moncrief advised that action on Mayor and Council Communication No. Action Delayed C-22241, dated July 10, 2007, Authorize Execution of Contract with Conatser Until After Construction Texas, LP, for Paving, Drainage and Water Improvements on Executive Session Harris Parkway from Dutch Branch Road to Dirks Road (Project Nos. 00005 and 00204), would be delayed until after the Executive Session. C-22246 There was presented Mayor and Council Communication No. C-22246 from the JPMorgan Chase City Manager recommending that the City Council authorize the City Manager Bank, N.A. to execute a three-year Agreement, with two additional one-year options to renew with good performance, with JPMorgan Chase Bank, N.A., as the provider for commercial card (Procurement Card) services for the City of Fort Worth, including internet software for administering and reporting all Procurement Card transactions. Council Member Jordan requested Council consideration to abstain from voting on this issue. Mayor Pro tem Hicks and Council Members Moss and Davis disclosed that they had a banking relationship with JPMorgan Chase Bank. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22246 be approved. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 14 of 22 The motion carried eight (8) ayes, zero (0) nays, and one abstention by Council Member Jordan. C-22249 It was the consensus of the City Council that Mayor and Council DFW Advisors, Communication No. C-22249, Authorize the Extension of City Secretary Ltd. Co. Contract No. 32880 with DFW Advisors, Ltd. Co., for Project Management of Withdrawn from the Noise Mitigation Program at Fort Worth Meacham International Airport Consideration (DOE 5101), be withdrawn from consideration. C-22256 There was presented Mayor and Council Communication No. C-22256 from the Lancaster Avenue, City Manager recommending that the City Council authorize the City Manager LTD. to execute an Economic Development Program Agreement with Lancaster Avenue, LTD., (Developer) for the Oakland Shopping Center Project; and find that the terms and conditions of the Agreement, as outlined in the recitals of the Agreement, constitute a custom-designed economic development program as outlined in the 2007 Comprehensive Plan and as authorized by Chapter 380 of the Texas Local Government Code. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22256 be approved with appreciation to City staff The motion carried unanimously nine (9) ayes to zero (0) nays. C-22257 There was presented Mayor and Council Communication No. C-22257 from the Cowtown Bowmen City Manager recommending that the City Council authorize the City Manager Archery Club to enter into a License Agreement with the Cowtown Bowmen Archery Club for use of an undeveloped park known as Wildwood Park North as an archery range. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22257 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised that Mayor and Council Communication C- 22258 and Item XIV would be heard at one time as they were related issues. Public Hearings It appeared that the City Council set today as the date for public hearings to C-22258 authorize execution of the Strategic Partnership Agreement for Municipal Authorize Utility District (MUD) No. 1 of Denton County, Texas and to consider the Strategic Limited Purpose Annexation of a 107-Acre Portion of MUD No. 1 of Denton Partnership County, Texas ("Tradition Phase 1"). Mayor Moncrief opened the public Agreement for hearings and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 15 of 22 MUD No. 1; and Ms. Susan Alanis, Planning and Development Department Assistant Director, Item XIV appeared before Council, provided a staff report and called attention to Mayor Consider Limited and Council Communication C-22258 and Agenda Item XIV, as follows: Purpose Annexation of a There was presented Mayor and Council Communication No. C-22258 from the 107-Acre Portion City Manager recommending that the City Council authorize the City Manager of MUD No. 1 to execute a Strategic Partnership Agreement for Municipal Utility District No. (Tradition Phase 1 of Denton County, Texas ("Tradition Phase 1"), and Agenda Item XIV to 1) consider the Limited Purpose Annexation of a 107-Acre Portion of Municipal Utility District No. 1 of Denton County, Texas ("Tradition Phase 1"). Gary Lane Mr. Gary Lane, 7835 E. Redfield Road, Suite 100, Scottsdale, Arizona, Vice President of Aperion Communities, appeared before Council and presented a PowerPoint briefing relative to the Tradition (aka Inspiration Fort Worth) development. The Council commended Mr. Lane on the development and that it incorporated all concepts of urban design and convenient amenities. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the public hearings be closed and Mayor and Council Communication No. C-22258 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-028 It appeared that the City Council, at its meeting of June 19, 2007, continued the Approved hearing of the application of Raul Jaquez and Marisol Garcia or a change in zoning of property located in the 3400 block of Galvez Avenue; from "J" Medium Industrial to "A-5" One Family Residential, Zoning Docket No. ZC- 07-028. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Raul Jaquez/Marisol Garcia, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-028 be approved with appreciation to the applicant and Dana Burghdoff, Planning and Development Department Assistant Director. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 16 of 22 SP-07-026 It appeared that the City Council, at its meeting of July 10, 2007, continued the Continued Until hearing of Site Plan No. SP-07-026, application of Whan Y. Ro for a change in July 24, 2007 zoning of property located at 1220, 1222 and 1224 Circle Park Boulevard for a site plan to amend "PD-511" Planned Development for retail sales to relocate proposed structures. Lights on canopy are to be turned off when closed and chain locked at night. There being no one present desiring to be heard in connection with the site plan application of Whan Y. Ro, Council Member Espino made a motion, seconded by Council Member Jordan, that the Site Plan No. SP-07-026 be continued until the July 24, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on June 28, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-119 There was presented Zoning Docket No. ZC-07-119 and Site Plan SP-07-036, SP-07-036 application of City of Fort Worth (LaGrave Field) for a change in zoning of Continued Until property located at 500 North Commerce Street and 301 Northeast 6th Street July 24, 2007 from "TU-N1" Trinity Uptown Neighborhood Zone, "TU-LF" Trinity Uptown LaGrave Field Zone, "TU-TCCD" Trinity Uptown Tarrant County College District to "PD/TU-N1" Planned Development/Trinity Uptown Mixed Use development with supplemental allowance for increased administrative site plan waivers and with site plan required for mixed use urban development. Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-119 and Site Plan SP-07-036, be continued until the July 24, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-123 There was presented Zoning Docket No. ZC-07-123 and Site Plan No. SP-07- SP-07-038 038, application of South Adams L.P., for a change in zoning of property Approved located at 1112, 1116, 1126 and 1130 South Adams Street from "PD-646" Planned Development, "MU-1" Low Intensity Mixed Use with additional development standards to Amend "PD-646" Planned Development for "MU-1" to increase density by five units, eliminate the rear yard setback and increase height to 36 feet as described below and with site plan for townhomes required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 17 of 22 1. Maximum units per acre — The project will include 17 attached townhouse units on .565 acres, equivalent to a residential density of 30 units per acre. This density exceeds the Oleander Walk PD's townhouse limit of 24 units per acre. The proposed density, however, is far below the Oleander Walk PD's residential density limits of 40 and 60 units per acre for single-use multifamily and mixed-use multifamily, respectively. 2. Rear yard setback — In order to provide an additional five feet for existing rear alley, the site plan does not provide a rear setback of five feet. Because of this alley dedication, however, the proposed waiver of the setback requirement does not shift the buildings any closer to the adjacent property across the alley. 3. Building height—The proposed three-story townhouses will be designed and marketed as mixed-use "live/work" units, therefore conforming to the Oleander Walk PD's three-story building height limit for mixed-use projects. In order to allow flexibility for the future conversion of one or more units to single-use residential, the developers request that the proposed Oleander Place PD apply a height limit of three stories for all permitted uses. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-07-123 and Site Plan SP-07-038, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-130 There was presented Zoning Docket No. ZC-07-130, application of D. H. SP-07-045 Management, Inc., for a change in zoning of property located at 3632, 3634, Approved 3650, 3708 and 3710 Tulsa Way from "PD-666" Planned Development for "E" Neighborhood Commercial uses excluding: the sale of alcohol for on or off premises consumption (except as part of a restaurant), electric power substation, telecommunications tower/antenna, water supply or treatment plant, outdoor amusement, drive-in theater, cold storage plant or ice plant, pawn shops, tattoo parlors, gasoline sales to "PD-679" Planned Development for "R- 2" Townhouse/Cluster Residential, and Site Plan No. SP-07-045, application of FWRJM Properties, LTD, for 3701 Camp Bowie Boulevard and 3712 Tulsa Way for site plan amendment for commercial development. (Council Member Espino left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 18 of 22 Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-130 and Site Plan No. SP-07-045 be approved. The motion carried unanimously eight (8) ayes to (0) nays, with Council Member Espino absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Burdette made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17666-07-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Agenda Item XV Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, as Citizen desiring to address the Council relative to fluoride in City water and bone Presentations cancer; however, Mr. McLean was not present in the Council Chamber. Mark McLean (Council Member Espino returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 19 of 22 Leroy Comley Mr. Leroy Comley, 2604 Market Avenue, appeared before Council relative to gang activity and theft of vehicles in his neighborhood. He stated that he had advised the Police of this issue but that nothing had been done to improve the situation. He also stated that the state reconfigured two dead end streets which increased the traffic on his street and created more problems. Council Member Espino advised that the Texas Department of Transportation had reconfigured 28th Street to decrease the amount of turn lanes to alleviate accidents. He stated that the City would visit with TxDOT to express resident dissatisfaction with the changes and assured Mr. Comley that public safety was very important to him and the Council and asked that he meet with Assistant City Manager Joe Paniagua to resolve his concerns. Mayor Moncrief stated that the meeting would be adjourned in the memory of Kathryn Hansen, Regulatory/Environmental Coordinator for the Environmental Management Department, who had passed on July 13, 2007. Agenda Item XVI 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 concerning the Employees' Retirement Fund; b) Legal issues concerning the Texas Recreational Use Act; c) Legal issues regarding potential litigation pursuant to Chapter 54 of the Local Government Code; d) Legal issues concerning false alarm penalties; e) Legal issues concerning inspections of public facilities; f) Legal issues concerning the MWBE Advisory Committee; g) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 20 of 22 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 2:00 p.m. and reconvened into the Pre- Council Worksession to hear presentations on Southwest Parkway and the West 7th Street Economic Development Project. Reconvened The City Council reconvened into regular session at 2:55 p.m. with Council Member Silcox absent. G-15788 There was presented Mayor and Council Communication No. G-15788 from Res. No. 3504-07- the City Manager recommending that the City Council adopt a resolution to 2007 notify the Board of Trustees of the Employees' Retirement Fund of the City of Notify Board of Fort Worth that the Fort Worth City Council intends to consider and vote on Trustees of amendments to the retirement ordinance that would require an Ad Hoc cost of Employees' living adjustment for non-vested and future employees, and that would permit Retirement Fund vested employees and those currently receiving benefits under the retirement of Council's Intent ordinance to make a one time, irrevocable selection of the Ad Hoc cost of living to Consider adjustment, and that would place a 12 percent annual cap on high three Benefit Reductions included pensionable earnings in determining pension benefits. Council Member Burdette expressed concern for what the proposal failed to do. He explained that he did not think that the approach to the 12 percent cap on the earnings accomplished enough or fully addressed the unfunded actuarial liability. He added that the overtime problem was also not being adequately addressed. He further stated that he would like the City to make further alterations to the plan to ensure that it operated properly and not continue to accumulate the unfunded balances. He stated that he would not support this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17, 2007 PAGE 21 of 22 Council Member Davis echoed Council Member Burdette's comments and stated that the Council had an opportunity to make a recommendation and present it to the Retirement Board that would remove overtime from the computation on which retirement benefits were paid in their entirety. She added that over $70 million could be omitted from the unfunded liability immediately if retirement benefits for overtime hours were removed. She said that by taking action today on this proposal the City potentially had a savings to that unfunded actuarial liability of $8 million, versus the $70 million savings that could be realized if the City moved forward with the City Manager's original recommendation. She further stated that the City's total unfunded liability was approximately $411 million of which $70 million was a tremendously large component of that obligation. She continued that as the City went forward with the budget the City would struggle with how the system would be fixed; how the City would be able to get that unfunded liability in hand to ensure the continued vibrancy of that plan as required under law, and as the taxpayers are required to support under the law. She pointed out that the City had an opportunity to remove $70 million of that taxpayer obligation and by virtue of the action that the Council would take today, she believed that the Council was abrogating the responsibility to do that and passing along once again to the taxpayers, the responsibility that the Council, as the policy makers and representatives of the tax paying community, had an opportunity to remove that burden. She stated that for those reasons she could not support this issue. Council Member Jordan stated that he disagreed and added that the proposal was fulfilling the Council's obligation to the tax payers. He pointed out that by simply removing retirement out of the calculation ignored the other abusive spiking possibilities and that the proposal adequately addressed responsibilities to the employees and tax payers. Council Member Scarth stated by eliminating overtime completely, one basic fact of life was ignored; that there were some City employees who were required every month to provide services on an overtime basis. He pointed out that the way the Fire Department was structured required overtime to maintain the four-man staffing requirement; it was similar for the Police Department. He added that this was not the perfect solution; however, it was a good compromise. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15788 be approved. The motion carried six (6) ayes to two (2) nays, with Council Members Burdette and Davis casting the dissenting votes and with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 17,2007 PAGE 22 of 22 C-22241 There was presented Mayor and Council Communication No. C-22241, dated Conatser July 10, 2007, from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Conatser Construction Texas, LP Texas, LP, in the amount of $1,569,494.75 for paving, drainage and water improvements on Harris Parkway from Dutch Branch Road to Dirks Road (Project Nos. 00005 and 00204). Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22241 be approved. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tern Hicks casting the dissenting vote and with Council Member Silcox absent. Agenda Item XVII There being no further business, the meeting was adjourned at 3:05 p.m. in Adjournment memory of Kathryn Hansen. These minutes approved by the Fort Worth City Council on the 24b day of July, 2007. Attest: Approved: MartyYHdrix ichael JV4onc ri City Secretary Mayor