Loading...
HomeMy WebLinkAbout2006/01/24-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 10:16 a.m. on Tuesday, January 24, 2006, 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 Pastor Gale Nealy, Morningside United Methodist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion made by Mayor Pro tem Silcox, seconded by Council Member Approval of Davis, the minutes of the regular meeting of January 19, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Davis presented a Proclamation for Civic Literacy Day to Dr. Special R. Nowell Donovan, Provost and Vice Chancellor for Academic Affairs, Texas Presentations Christian University. Council Member Haskin presented a Proclamation for Nolan Catholic High School Viking Football Day to Father Larry Doersching, SM, Nolan Catholic High School President, Mr. Joe Prud'homme, Head Coach, and members of the Nolan Catholic High School Viking Football team. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 2 of 35 Agenda Item VI Council Member Hicks announced that a public meeting would be conducted Announcements tonight at 6:00 p.m. regarding the proposed apartments at Oak Grove and IH2O in Highland Hills. She stated that the meeting would be at Carter Park Elementary School at 1204 E. Broadus Avenue and encouraged all District 8 residents to attend. She also announced that there would be the monthly Community Action Council meeting on January 26, 2006, at 6:30 p.m. at Neighborhood Policing District Station 6 on Nashville Street and encouraged citizens to come and talk and discuss issues with Police Department representatives. Agenda Item VII There were no items removed from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15070 be continued until February 7, 2006. Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Hicks, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1533 M&C OCS-1533 - 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-15068 M&C G-15068 — Authorizing payment in an amount not to exceed Payment of City's $1,591,510.00 for the City of Fort Worth's assessed allocation of the Tarrant Assessed Appraisal District's (TAD) 2006 budget for the months of January through Allocation of December 2006. TAD'S Budget for 2006 P-10299 M&C P-10299—Recommending that the City Council: Laboratory Analytical 1. Authorize purchase agreements with ANA LAB, Star Analytical, Inc., Services and Severn Trent Laboratories, Inc., for laboratory analytical services for the Water Department, based on low bid by category groups as follows, with payment due 30 days after invoice and shipping cost prepaid and added to the invoice; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 3 of 35 ANA LAB Category I Water Analyte Groups Star Analytical, Inc. Category II Wastewater Analyte Groups Severn Trent Category III Solids Analyte Groups Laboratories, Inc. 2. Authorize these agreements to begin January 24, 2006, and expire January 23, 2007, with options to renew for two additional one-year periods. P-10300 M&C P-10300 — Authorizing a purchase agreement with TXI to provide bulk Bulk Cement cement for the Transportation and Public Works Department, Street Services Division, based on the only bid received, freight included in the unit price, with payment due 30 days after receipt of invoice; and authorizing this agreement to begin January 24, 2006, and expire on January 23, 2007, with options to renew for two additional one-year periods. P-10301 M&C P-10301 — Authorizing a purchase agreement to provide grounds Grounds maintenance with Goodwill Industries through the Texas Industries for the Maintenance Blind and Handicapped of Fort Worth for the Parks and Community Services Department with payments due 30 days from the date of invoice; and Description Estimated Annual Cost A. West District Parks $52,266.66 Authorizing this agreement to begin on January 24, 2006, and expire on January 23, 2007, with options to renew for two additional one-year periods. P-10302 M&C P-10302 — Authorizing a purchase agreement for office supplies with Office Supplies Office Depot based on the U.S. Communities contract with payment due 30 days after receipt of invoice and freight included in unit prices; and authorizing this agreement to begin January 19, 2006, and expire January 18, 2008, with options to renew for three additional one-year periods. P-10303 M&C P-10303 — Authorizing the purchase of dual electron capture detectors, Dual Electron parts and support services from Agilent Technologies using the State of Texas Capture Detectors, Catalog Information Systems Vendor process for the amount not to exceed Parts and Support $31,838.45 for the Water Department. The shipping cost will be prepaid and Services added to the invoice with payment due 30 days after receipt of the invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 4 of 35 L-14159 M&C L-14159 — Approving the correction of an amended M&C L-14062 for Permanent Water the acquisition of three permanent water main easements and three temporary Main Easements construction easements described as a portion of the John Baugh Survey, and Temporary Abstract No. 115, and a portion of the Richard Crowley Survey, Abstract No. Construction 313, respectively, all of Tarrant County, Texas, from various owners for Easements property located east of Jacksboro Highway and north of the West Fork Trinity River, northwest of the Central Business District(DOE 4120), for a total cost of $57,350.01 plus closing costs. L-14160 M&C L-14160 — Authorizing the sale of nine tax foreclosed properties Tax Foreclosed described below to the City of Fort Worth in accordance with Section 34.05 of Properties the Texas State Property Tax Code to the City of Fort Worth for the total amount of$9,342.24; Address Legal Description Price 3310 Chestnut Ave. Lot 19, Block 9, Worth Hills $ 987.00 Addition 3401 Chestnut Ave. Lot 1, Block 4, Worth Hills $ 550.00 Addition 3405 Chestnut Ave. Lot 3, Block 4, Worth Hills $ 653.66 Addition 3417 Chestnut Ave. Lot 9, Block 4, Worth Hills $ 510.00 Addition 3417 Columbus Ave. Lot 9, Block 3, Worth Hills $1,801.70 Addition 3419 Columbus Ave. Lot 10, Block 3, Worth Hills $1,761.88 Addition 3304 Pearl Ave. Lot B, Block 8, Worth Hills $1,343.39 Addition 3313 Pearl Ave. Lot 7, Block 9, Worth Hills $1,549.36 Addition 3416 Pearl Ave. Lot 12, Block 6, Worth Hills $ 185.25 Addition Authorizing the acquisition of nine tax foreclosed properties for the Fort Worth Meacham International Airport Noise Mitigation Program (DOE 920); and authorizing the City Manager to execute and record the appropriate documents conveying the property to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 5 of 35 L-14161 M&C L-14161 — Authorizing the City Manager to negotiate and execute an Utility Right-of- agreement with TXU Electric Delivery Company (TXU) to purchase for $10.00 Way a 150-foot right-of-way containing an electrical transmission line; and authorizing the City Manager to execute and convey the right-of-way back to TXU as a Public Utility Easement. C-21260 M&C C-21260 — Authorizing the City Manager to enter into an encroachment Prime Rail agreement with Prime Rail Interest, Incorporated, General Partner of Meacham Interest, Rail 191 Limited Partnership authorizing use of the right-of-way for installation Incorporated, of a railroad spur under a bridge in the 200 block of Meacham Boulevard. General Partner of Meacham Rail 191 Limited Partnership C-21261 M&C C-21261 — Authorizing the City Manager to execute lease agreements Tech Fort Worth with Tech Fort Worth tenants to occupy Tech Fort Worth, formerly the gymnasium at the historic James E. Guinn School. C-21262 M&C C-21262 — Authorizing the transfer of $92,640.00 from the Water and Ord. No. 16775- Sewer Operating Fund to the Water Capital Project Fund; adopting 01-2006 Appropriation Ordinance No. 16775-01-2006 increasing estimated receipts and Stabile & Winn, appropriations in the Water Capital Project Fund in the amount of $92,640.00 Inc. from available funds, for the purpose of funding a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer replacement on Belle Place from Camp Bowie Boulevard to Clarke Avenue; authorizing the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $281,114.50 for pavement reconstruction and water and sanitary sewer replacement on Belle Place from Camp Bowie Boulevard to Clarke Avenue (DOE 4266). C-21263 M&C C-21263 —Recommending that the City Council: Ord. No. 16776- 01-2006 1. Adopt Supplemental Appropriation Ordinance No. 16776-01-2006 Ord. No. 16777- increasing appropriations in the Culture and Tourism Fund in the 01-2006 amount of $157,945.00 and decreasing the unreserved, undesignated LopezGarcia fund balance by the same amount, for the purpose of transferring said Group funds to the Specially Funded Capital Projects Fund; 2. Authorize the transfer of $157,945.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 6 of 35 3. Adopt Appropriation Ordinance No. 16777-01-2006 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$157,945.00 from available funds for the purpose of funding an engineering agreement with LopezGarcia Group for storm drain, paving and traffic signal improvements on 12th Street, 13th Street, 14t Street, Throckmorton Street and Houston Street; and 4. Authorize the City Manager to execute an engineering agreement with LopezGarcia Group in the amount of $140,290.00 for storm drain, paving and traffic signal improvements on 12th Street, 13th Street, 14th Street, Throckmorton Street and Houston Street. C-21264 M&C C-21264 — Authorizing the City Manager to execute Amendment No. 1 Amendment No. 1 to City Secretary Contract No. 30905 with DeOtte, Inc., for the 2004 CIP Minor to CSC No. 30905 Channel Improvement Projects: Contract D — Miscellaneous Channel —DeOtte, Inc. Improvements Drainage Project (City Project No. 00096), in the amount of $27,000.00 to provide additional engineering services on the project, thereby increasing the contract amount to $122,590.00. C-21265 M&C C-21265 — Authorizing the transfer of $28,313.00 from the Water and Ord. No. 16778- Sewer Operating Fund to the Water Capital Project Fund in the amount of 01-2006 $24,413.00 and Sewer Capital Project Fund in the amount of $3,900.00; Change Order No. adopting Appropriation Ordinance No. 16778-01-2006 increasing estimated 1 to CSC No. receipts and appropriations in the Water Capital Project Fund in the amount of 32190— S.H.U.C., $24,413.00 and the Sewer Capital Project Fund in the amount of $3,900.00 Inc. from available funds for the purpose of funding Change Order No. 1 to City Secretary Contract No. 32190 (M&C C-20826, June 28, 2005), with S.H.U.C., Inc., for Water and Sewer Main Replacement Contract STM 99DD; and authorizing the City Manager to execute Change Order No. 1 to City Secretary Contract No. 32190 with S.H.U.C., Inc., for Water and Sewer Main Replacements Contract STM 99DD, in the amount of $28,313.00, thereby increasing the contract amount to $533,710.72. C-21266 M&C C-21266 — Authorizing the City Manager to execute a contract with J&J J&JHardscape Hardscape Construction, Inc., in the amount of $123,135.00 for ballfield Construction, Inc. improvements at Chamberlin Park. C-21267 M&C C-21267 — Authorizing the City Manager to execute a contract with Brinkman Brinkman Concrete Construction in the amount of $181,480.23 for park Concrete improvements at Post Oak Village Park. Construction CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 7 of 35 C-21268 M&C C-21268 — Authorizing the City Manager to accept the $68,165.00 Loan Ord. No. 16779- Star Libraries Grant for the Fort Worth Public Library from the Texas State 01-2006 Library and Archives Commission; authorizing the City Manager to execute a Texas State grant agreement with the Texas State Library and Archives Commission Library and relating to such grant; and adopting Appropriation Ordinance No. 16779-01- Archives 2006 increasing estimated receipts and appropriations in the Grants Fund in the Commission amount of$68,165.00, subject to receipt of the Loan Star Libraries Grant from the Texas State Library and Archives Commission for the purpose of funding the Loan Star Libraries Program for the Fort Worth Public Library. The motion carried. End of Consent Agenda. Agenda Item X Council Member Davis made a motion, seconded by Council Member Presentations by Wheatfall, that Gregory Ibanez be appointed to Place 9 on the Historic and City Council Cultural Landmarks Commission effective January 24, 2006, and with a term Appointments expiring October 1, 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 XII There was presented Mayor and Council Communication No. OCS-1534 from Presentations by the Office of the City Secretary recommending that the City Council adopt a City Secretary resolution setting the regular zoning hearing for February 14, 2006. OCS-1534 Res. No. 3306-01- Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, 2006 that Resolution No. 3306-01-2006 be adopted. The motion carried Setting Regular unanimously nine (9) ayes to zero (0) nays. Zoning Hearing Agenda Item XIII City Secretary Hendrix presented the Report of Petition Certification Results of Report of Petition the request to disannex property located at 12701 Business 287N submitted on Certification December 15, 2005, as follows: Results of Request to Disannex REPORT ON CERTIFICATION OF PETITION PRESENTED ON Property Located DECEMBER 15, 2005 FOR DISANNEXATION OF PROPERTY at 12701 Business LOCATED AT 12701 BUSINESS 287N 287N CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 8 of 35 TO: The Honorable Mayor and City Council FROM: Marty Hendrix, City Secretary DATE: January 19, 2006 The City Secretary's Office received a letter petitioning to disannex property located at 12701 Business 287N on December 15, 2005 by Mr. James E. Schlager, President of Jimdon, Inc., the property owner. STATUTORY REQUIREMENTS FOR THE DISANNEXATION PETITION The validation process was conducted in accordance with the provisions of the Local Government Code, Section 43.141. The Local Government Code, Section 43.141 requires: 1. A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that section. 2. The petition for disannexation must: a. be written; b. request the disannexation; c. be signed in ink or indelible pencil by the appropriate voters; d. be signed by each voter as that person's name appears on the most recent official list of registered voters; e. contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; f. describe the area to be disannexed and have a plat or other likeness of the area attached; and g. be presented to the secretary of the municipality. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 9 of 35 3. Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: a. the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and b. the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. The validation process was completed on Thursday, January 19, 2006. FINDINGS Section 43.141 of the Local Government Code requires the petition to be signed by a majority of the qualified voters of the annexed area. The majority of the qualified voters of an "annexed area" refers to the entire area annexed, rather than a portion of the annexed area. The annexed area consists of the entire 287 Zone. The petitioner, owner of the property located at 12701 Business 287 N., does not represent a majority of the voters of the annexed area. According to the Texas Election Code, a "qualified voter" must be a resident of the City. The petitioner lists his address as 4011 B. Rhea Road, Wichita Falls, TX 76308; therefore, he is not a qualified voter of the annexed areas as required by Section 43.141 of the Local Government Code and no voter registration number or precinct number was indicated on the petition letter as required by the Local Government Code. There was no documentation presented with the letter that provided proof that the petition letter was posted in three public places for 10 days in the annexed area before the petition letter was delivered to the City Secretary's Office as required by the Local Government Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 10 of 35 There was no documentation presented with the letter that provided proof that the petition letter was published in a newspaper of general circulation serving the area before the 15th day before the date the petition letter was first circulated as required by the Local Government Code. CONCLUSION Pursuant to the requirements of the Local Government Code, Section 43.141, the petition letter does not meet the requirements set forth for the City Council to consider disannexation of the subject property. THE STATE OF TEXAS § COUNTIES OF TARRANT/DENTON/WISE § I, Marty Hendrix, City Secretary of the City of Fort Worth, Texas do hereby certify that the above and foregoing is a true and correct certification of the petition letter requesting disannexation of the property located at 12701 Business 287 N presented to the City Secretary's Office on December 15, 2005. Agenda Item XIV There was presented an ordinance ordering a special election in the City of Fort Delayed Until Worth, Texas, to be held on Saturday, the 13th day of May 2006, for the Later on Agenda purpose of submitting to the qualified voters of said City, for adoption or rejection, proposed amendments to the existing Charter of the City of Fort Worth; authorizing the City Council to designate the places at which said election is to be held; and prescribing presiding officers thereof. Assistant City Attorney Cynthia Garcia provided a brief summary of the ordinance as follows: Ordinance • Ordinance divided into six basic sections - Calling Election for May 13, 2006 - Actual Charter Revisions - Propositions for Ballot - Effective Date - Early Voting Locations - Election Day Voting Locations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 11 of 35 Revised Charter Sections • Example: Shall Section 1, Chapter IV, Councilpersons; Eli ig bilily, of the Charter of the City of Fort Worth be amended so that the same shall hereinafter read and be as follows "Section 1. Councilpersons; Eligibility. Only qualified voters under the laws of Texas, twenty-one years of age and over, who are residents of the e4y who have continuously resided in the Council District for which he or she seeks election for six (6) full months before the election month, shall be eligible to the office of councilperson."? (Proposition 6) Proposed Election Propositions Proposition 1 • An amendment of the City Charter, Chapter III, Section 3, to be effective July 1, 2007 to increase the compensation paid to each city council member to $25,000.00 per year and $29,000.00 per year for the mayor. Proposition 2 • An amendment to the City Charter, Chapter I11, Section 5, to reduce the number of required meetings of the City Council from 48 to 44 per year, to include both regular and special meetings in the minimum number of meetings, and to delete the minimum number of council meetings per month and maximum number of meetings per week. Proposition 3 • An amendment to the City Charter, Chapter I11, Section 4, and Chapter IV, Section 2, providing that all general, special and run off elections be conducted on a date specified by state law. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 12 of 35 Proposition 4 • An amendment to the City Charter, Chapter HI, Section 5, to provide that the swearing in of newly elected council members will occur at the first City Council meeting after canvassing the election results. Proposition 5 • An amendment to Chapter I11, Section 8 of the City Charter to provide that if a City Council member shall become a candidate for nomination or election to any other public office, the member shall forfeit his or her council office but shall continue to hold the office until a successor is duly qualified, if the holding over in office is required by state law. Proposition 6 • An amendment to the City Charter, Chapter IV, Section 1, and Chapter IV, Section 3, to provide that in addition to complying with state law residence requirements, a candidate for Mayor or City Council must have continuously lived in the Council District for which he or she seeks election for 6 full months before the election month. Proposition 7 • An amendment to the City Charter, Chapter V, Section 4, to delete the requirement that the City Manager post a bond. Proposition 8 • An amendment to Chapter XXI, Section 5 of the City Charter to revise the publication and referendum requirements for the sale of City-owned property to increase the value of the property covered by the publication requirement from $25,000.00 to $125,000.00 and to increase the number of required signatures for a referendum on the sale from 500 to 5,000. Proposition 9 • An amendment to the City Charter, Chapter XXII, Section 5, to provide that bids will be filed and opened by the City Manager or his or her designee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 13 of 35 Proposition 10 • An amendment to the City Charter, Chapter XXII, Section 6, to provide that Improvement Contracts shall be signed by the City Manager or his or her designee. Proposition 11 • An amendment to delete obsolete provisions in Chapter XXIV, Section 3 and Chapter XXIV, Section 14, of the City Charter regarding the collection of school taxes and the inclusion of school taxes in the calculation of a maximum tax rate. Proposition 12 • An amendment to Chapter XXV, Section 2, of the City Charter to allow the publishing of a summary of the ordinance granting a franchise or easement across or upon streets or public places instead of the entire ordinance. Proposition 13 • An amendment to the City Charter to delete Chapter XXVII, Section 6, to conform with federal law prohibiting the city from giving preference to Fort Worth citizens when hiring department heads and assistant department heads. Proposition 14 • An amendment to the City Charter to delete Chapter XXVII, Section 8 requirement to add standardized wage rate language in city contracts. Proposition 15 • An amendment to Chapter XXVII, Section 16, of the City Charter to provide that an officer or an employee of a bank that serves as the City's depository bank shall be deemed not to have a financial interest in a city contract. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 14 of 35 Effective Date • Charter Amendments shall become effective upon City Council canvassing election results and adopting a resolution. Voting Dates and Locations • Early Voting will begin on May 1, 2006, and continue through May 9, 2006 • Early Voting Locations - Throughout Tarrant County - 8 Locations in Fort Worth - City Hall is not an early voting location • Election Day Voting Locations open from 7:00 a.m. —7:00 p.m. A lengthy discussion ensued amongst the Council and Law Department staff relative to clarification and rewording of the Charter amendment propositions, whereas the following suggestions were proposed: 1. Proposition 1: Change the effective date for Council compensation to be effective October 1, 2006 instead of July 1, 2007, as proposed by Mayor Pro tem Silcox. 2. Proposition 6: Change the wording, "...6 full months before the election month." to "...6 full months before the first allowed filing date for the election." as proposed by Council Members Haskin and Davis. 3. Proposition 8: Change the wording, "...from 500 to 5,000." to "...from 500 to ten percent (10%) of the number of voters who voted in the most recent mayoral election." as proposed by Council Member Davis. During the discussion on the amendments, Council Member Haskin requested the early voting locations be amended to add a location in District 4, as well as additional election day locations, to accommodate candidates running for office in that district. City Secretary Marty Hendrix advised of the joint election with Tarrant County and many other entities for the May 13, 2006 election. She pointed out the limitations on the flexibility to add or change the early voting locations and election day locations due to voting equipment limitations and number of entities involved in this election process. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 15 of 35 City Attorney Yett advised that the polling locations could be amended before the election. Mayor Moncrief requested negotiations be held with Tarrant County on additional sites. The following individuals appeared before Council in favor of adding a Charter amendment for the protection of parkland: Betsy Hedden, Ms. Besty Hedden 3200 Overton Park W. Byron de Sousa, (Representing League of Women Voters) Jan Fersine, Dr. Byron de Sousa 7733 Blossom Drive Kathy O'Brien, Ms. Jan Fersine 3800 Trailwood Lane Karen Cagle, Ms. Kathy O'Brien 2100 Fairmount Clyde Picht, Ms. Karin Cagle 2618 5th Avenue Leo Wadley, (Provided handout of wording for proposition) Debra Nyul Mr. Charles Dreyfus 2416 Park Place Mr. Leo Wadley 4708 Flat Rock Road Ms. Debra Nyul 2012 Wilshire Boulevard Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, spoke before the Council regarding the Charter Amendment Election. Mr. Picht stated he supported the recommendations coming from the Charter Review Advisory Committee. He added that the Council should add the Charter Amendment for protection of parkland since two large groups have come forward in support of this amendment. He also expressed his concern with making changes at the Council meeting on the propositions being proposed and providing adequate time for the public to review the changes. (Council Member Davis stepped away from the dais.) Darlia Hobbs Ms. Darlia Hobbs, 8113 Anchorage Place, appeared before Council in opposition to certain Charter amendments. She invited the Council to attend a public forum on February 9, 2006, at 6:30 p.m. at Boswell High School. She suggested that Council salaries be paid from tax abatements given to various corporations. She stated that she was opposed to Proposition 8. At the request of the Council, Mayor Moncrief requested the legal staff prepare the proposed changes to the referenced propositions as discussed by the Council. He advised the action on this item would be delayed until later in the meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 16 of 35 Agenda Item XV There was presented an ordinance ordering a special election to be held in the Ord. No. 16780- City of Fort Worth on May 13, 2006, for the purpose of electing a City Council 01-2006 member for City Council District 4 to serve the remainder of an unexpired Order Special term. Election to Elect City Council Mayor Pro tem Silcox made a motion, seconded by Council Member Haskin Member for that Ordinance No. 16780-01-2006 be adopted. The motion carried eight (8) District 4 on May ayes to zero (0) nays, with Council Member Davis absent. 13, 2006 AGENDA ITEM XVI—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council, at its meeting of January 10, 2006, continued G-15054 the public hearing to adopt the proposed amendment to the Master Withdrawn Thoroughfare Plan, MT-05-010, to revise the alignments of North Tarrant Parkway and Harmon Road in north Fort Worth in the area bordered by IH- 35W on the east, U.S. 287 on the north, F.M. 156 on the west, and Basswood Boulevard on the south and to add a north/south major arterial from Bailey Boswell to Basswood Boulevard. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Mark Rauscher, Planning and Development Manager, appeared before Council, and gave a staff report on the revision to the plan. He stated that rather than approve the original proposed MTP amendment, staff was now asking Council to: 1) Approve the realignment of Harmon Road from just north of the US 287 northbound frontage road, across US 287, to a new intersection with a slightly realigned North Tarrant Parkway where at Harmon will then continue south and connect with Bailey Boswell; and 2) Approve the realignment of North Tarrant Parkway so that it connects with the existing "east-west Harmon Road" and T's into FM 156 (Blue Mound Road). He added that the amendment improved regional mobility and provided local access to an area that would soon be rapidly developing with various commercial and residential uses; and because this amendment has been the subject of extensive analysis by staff through traffic impact studies and the North Fort Worth Arterial Alignment Study completed by staff in 2004. He further stated that there was no opposition voiced at a public meeting that was held in the affected community on November 1, 2005. Mr. Rauscher pointed out that staff was aware of concerns raised by a representative of the Ridgeview Farms Tract related to fair and just compensation for right-of-way that would be needed on account of this CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 17 of 35 realignment once it was constructed. He stated there was no construction timetable for this project and once a timetable was set, and considerable design and engineering had been completed, staff would have an accurate idea of how much right-of-way was needed and would begin negotiations for right-of-way. This negotiation will be prefaced with a property appraisal followed by an offer to compensate the landowner. He added that if an agreement on the compensation could not be reached, the City would proceed with condemnation. He further stated that as for the MTP alignments to the south, staff would continue to work with the property owners and representatives to reach a solution. He called attention to Mayor and Council Communication No. G-15054, as follows: There was presented Mayor and Council Communication No. G-15054, dated December 20, 2005, from the City Manager recommending that the City Council adopt the proposed amendment to the Master Thoroughfare Plan (MTP), MT-05-010, to revise the alignments of North Tarrant Parkway and Harmon Road in the area bordered by IH-35W on the east, U.S. 287 on the north, F.M. 156 on the west, and Basswood Boulevard on the south. This MTP amendment also includes the addition of a new north/south major arterial that will connect Bailey Boswell to Basswood Boulevard. James Toal Mr. James Toal, 500 W. 7th Street, representing the Ellsmere Group, appeared before Council in opposition of the revised MT-05-010. He expressed concern with this item coming forward for approval as certain issues relating to his client had not been resolved. He added he understood the need to move forward to facilitate the work to the north; however, he encouraged the Council to allow the Ellsmere Group to continue to work with staff to provide an alternative for the preferred alignment that would provide for better traffic flow. Dee Finley Mr. Dee Finley, 777 Main Street, Suite 3600, representing Harmon Road/287 Partners, appeared before Council in opposition of the revised MT-05-010. He stated that he had worked with City staff on the alignment, but was unable to reach a resolution. He explained his client's position on the alignment and requested the Council's assistance to resolve this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 18 of 35 Gary DeFrain Mr. Gary DeFrain, 8235 Douglas Avenue #650, Dallas, Texas, representing Harmon Road/287 Partners, appeared before Council in opposition of the revised MT-05-010. He explained the effect the amended alignment would have on his property relative to a platting standpoint. Council Member Burdette expressed concern with the timing of the approval for this alignment and stated that the southern extension was still undecided. There was further deliberation by the Council with City staff on the timing of this issue and how delaying it would impact the issue. Mayor Moncrief suggested that this item be withdrawn pending further review. There being no one else present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-15054 be withdrawn. The motion carried eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15066 There was presented Mayor and Council Communication No. G-15066, dated Ord. No. 16781- January 19, 2006, from the City Manager recommending that the City Council 01-2006 adopt an ordinance of the City of Fort Worth, Texas, establishing a municipal Establish drainage utility system to be known as the City of Fort Worth Storm Water Municipal Management Program; providing for exemptions from the ordinance. Drainage Utility Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, System that Mayor and Council Communication No. G-15066 be approved and Ordinance No. 16781-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. G-15067 There was presented Mayor and Council Communication No. G-15067, dated Ord. No. 16782- January 19, 2006, from the City Manager recommending that the City Council 01-2006 adopt an ordinance amending Chapter 12.5, "Environmental Protection and Amend Chapter Compliance", Article III, "Storm Water Protection" of the Code of the City of 12.5,Article III of Fort Worth (1986), as amended, by adding a new Division IV, Sections 12.5- the City Code 336 through Sections 12.5-347, entitled "Municipal Drainage Utility System"; establishing a municipal drainage utility system; setting forth definitions; establishing and calculating drainage utility charges and categories and monthly drainage utility fees; establishing the billing and payment of drainage utility fees; providing for an appeal and hearing process; providing penalties and remedies for failure to pay fees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 19 of 35 Mayor Pro tem Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15067 be approved and Ordinance No. 16782-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. G-15069 There was presented Mayor and Council Communication No. G-15069 from Extend Injury the City Manager recommending that the City Council authorize restoring 120 Leave-of-Absence hours of personal leave time used by Police Officer Lynda Knight as part of an Pay Benefit for extended injury leave-of-absence pay benefit. Police Officer Mayor Pro tem Silcox made a motion, seconded by Council Member Hicks, Lynda Knight that Mayor and Council Communication No. G-15069 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15070 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15070, Adopt Ordinance Reducing Boundaries of Tax February 7, 2006 Increment Reinvestment Zone Number Nine, City of Fort Worth (Trinity River Vision TIF), be continued until February 7, 2006. G-15071 There was presented Mayor and Council Communication No. G-15071 from Ord. No. 16783- the City Manager recommending that the City Council adopt an ordinance 01-2006 amending Section 22-191, "Establishment of Rates and Maximum Parking Amend Chapter Time Therein; Establishment of Fees", of Chapter 22 "Motor Vehicles and 22, Section 22-191 Traffic", of the Code of the City of Fort Worth, Texas (1964), as amended, by of the City Code adding a rate for assigned permit spaces for mobility impaired employees in the downtown. Mayor Pro tem Silcox made a motion, seconded by Council Member Hicks, that Mayor and Council Communication No. G-15071 be approved and Ordinance No. 16783-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. G-15072 There was presented Mayor and Council Communication No. G-15072 from Ord. No. 16784- the City Manager recommending that the City Council adopt an ordinance 01-2006 amending the Code of the City of Fort Worth, Texas (1986), as amended, by Amend Article III, amending Chapter 27, "Police", Article III, "Abandoned, Stolen or Recovered Section 27 of City Property", to change the title of Article III to "Abandoned or Unclaimed Code Property"; by amending Section 27-41, "Disposition of Unclaimed Property", to provide that the disposition of unclaimed property shall apply to all abandoned or unclaimed property of every kind; by amending Section 27-43, "Posting Notice of Sale and Descriptive List; Assignment of Property to City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 20 of 35 Departments", to change the title of Section 27-43 to "Assignment of Property to City Departments", and to change Section 27-43 to provide that notice requirements for the disposition of abandoned or unclaimed property shall mirror state law; by amending Section 27-44, "Place, Hour of Auction; Cash Only Sales", to change the title of Section 27-44 to "Place, Hour of Auction, Non-Cash Sales," and to remove the stipulation for cash-only sales. Council Member Haskin made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15072 be approved and Ordinance No 16784-01-2006 be adopted. The motion carried eight (8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2661 There was presented Mayor and Council Communication No. PZ-2661 from the Joint Ord. No. City Manager recommending that the City Council approve a Joint Ordinance 16785-01-2006 and Boundary Agreement with the City of Sansom Park in connection with the Boundary Cotton Hills Estates development; authorize the Mayor to execute the Joint Agreement for Ordinance and Boundary Agreement; and authorize the City Manager to Cotton Hills execute two interlocal agreements related to the reconstruction of McCandless Estates Street and Beverly Hills Drive; the maintenance of Rosen Park; and the contract Development related to retail water service to the residents of Sansom Park. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. PZ-2661 be approved and Joint Ordinance No. 16785-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2662 There was presented Mayor and Council Communication No. PZ-2662 from the Ord. No. 16786- City Manager recommending that the City Council adopt an ordinance vacating 01-2006 a 76.5' x 120' portion of West Magnolia Avenue, located in the All Saints Street Vacation Episcopal Addition, Tarrant County, Texas. (VA-05-035) Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. PZ-2662 be approved and Ordinance No. 16786-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2663 There was presented Mayor and Council Communication No. PZ-2663 from the Ord. No. 16787- City Manager recommending that the City Council adopt an ordinance vacating 01-2006 a 63.82' x 62.66' portion of Harrison Avenue, located in the All Saints Street Vacation Episcopal Addition, Tarrant County, Texas. (VA-05-036) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 21 of 35 Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. PZ-2663 be approved and Ordinance No. 16787-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21269 There was presented Mayor and Council Communication No. C-21269 from the Ord. No. 16788- City Manager recommending that the City Council authorize an agreement with 01-2006 Maximus, Inc., for consulting services to assist with an operational review of Maximus, Inc. the Finance Department; authorize payment for services to Maximus, Inc., in an amount not to exceed $74,305.00; and adopt an appropriation ordinance increasing appropriations in the General Fund in the amount of$74,305.00 and decreasing the unreserved, undesignated General Fund balance by the same amount, for the purpose of funding an agreement with Maximus, Inc., for consulting services to assist with an operational review of the Finance Department. Council Member Haskin made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21269 be approved and Appropriation Ordinance No. 16788-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. C-21270 There was presented Mayor and Council Communication No. C-21270 from the Acme Brick City Manager recommending that the City Council authorize the City Manager Company to execute an Economic Development Program Agreement with Acme Brick Company for the establishment of a corporate office headquarters, subject to non-material changes subsequently agreed to by the City's legal counsel; and find that the terms and conditions of the Agreement constitute a custom- designed economic development program as authorized by Resolution No. 2704 and Chapter 380 of the Texas Local Government Code. Dot Henderson Ms. Dot Henderson, 1709 Ridgmar Boulevard, appeared before Council in opposition of the Economic Development Program Agreement with Acme Brick Company. She expressed concern that once the agreement became effective, the City would begin paying Acme Brick Company monthly development grants equal to 100 percent of new sales tax revenue that the City received from sales tax receipts until the corporate headquarters was built. She added it was essential to note that the sales tax rebated was not limited to sales tax revenue from sales of Acme Brick products, but would be construed to require that the City pay Acme Brick Company 100 percent of all new sales tax receipts that the City received from sales by everyone within the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 22 of 35 Mayor Moncrief requested that Mr. Tom Higgins, Economic and Community Development Department Director, provide clarification on the agreement. Mr. Higgins advised the Council that the one percent sales tax used to fund the agreement was not the tax that Acme would pay but collect He added that the one percent was not tax dollars that City of Fort Worth residents would pay, but would be that collected from sales around the state. Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21270 be approved. The motion carried seven (7) ayes to one (1) nay, with Council Member Wheatfall casting the descending vote and Council Member Davis absent. (Mayor Pro tem Silcox stepped away from the dais.) C-21271 There was presented Mayor and Council Communication No. C-21271 from the Ord. No. 16789- City Manager recommending that the City Council: 01-2006 Ord. No. 16790- 1. Adopt an appropriation ordinance increasing appropriations in the 01-2006 Culture and Tourism Fund in the amount of $1,325,000.00 and Res. No. 3307-01- decreasing the unreserved, undesignated fund balance by the same 2006 amount for the purpose of funding a transfer to the Specially Funded Jacobs Facilities, Capital Projects Fund for a consultant agreement with Jacobs Facilities, Inc. Inc., for the design and construction administration of a new downtown parking garage; 2. Authorize the transfer of $1,325,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,325,000.00 from available funds for the purpose of funding a consultant agreement with Jacobs Facilities, Inc., for the design and construction administration of a new downtown parking garage; 4. Adopt a reimbursement resolution statement expressing official intent to reimburse costs of the Convention Center parking garage project and noting that the City expects to issue bonds for the purpose of paying the costs of the project; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 23 of 35 5. Authorize a consultant agreement with Jacobs Facilities, Inc., in the amount of$1,232,250.00 for the design and construction administration of a new downtown parking garage. Council Member Espino made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-21271 be approved and Appropriation Ordinance Nos. 16789-01-2006 and 16790-01-2006 and Resolution No. 3307-01-2006 be adopted. The motion carried seven (7) ayes to zero (0) nays, with Mayor Pro tem Silcox and Council Member Davis absent. (Mayor Pro tem Silcox returned to his chair at the dais.) C-21272 There was presented Mayor and Council Communication No. C-21272 from the Ord. No. 16791- City Manager recommending that the City Council: 01-2005 Ord. No. 16792- 1. Adopt an appropriation ordinance increasing appropriations in the 01-2005 Culture and Tourism Fund in the amount of$25,000.00 and decreasing Thomas S. Byrne, the unreserved, undesignated fund balance by the same amount for the Ltd. purpose of funding a transfer to the Specially Funded Capital Projects Fund for a pre-construction agreement with Thomas S. Byrne, Ltd., for pricing, value-engineering, and constructability review services throughout the design phase of the new downtown parking garage; 2. Authorize the transfer of $25,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$25,000.00 from available funds for the purpose of funding a pre-construction agreement with Thomas S. Byrne, Ltd., for pricing, value-engineering, and constructability review services throughout the design phase of the new downtown parking garage; and 4. Authorize a pre-construction services agreement with Thomas S. Byrne, Ltd., in the amount of $25,000.00 for pricing, value-engineering, and constructability review services throughout the design phase of the new downtown parking garage. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 24 of 35 Council Member Espino made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-21272 be approved and Appropriation Ordinance Nos. 16791-01-2006 and 16792-01-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Davis absent. Mayor Moncrief stated that Mayor and Council Communication Nos. C-21273, C-21274, and C-21275 would be voted by a single motion of the Council. C-21273 There was presented Mayor and Council Communication No. C-21273 from the Ord. No. 16793- City Manager recommending that the City Council: 01-2006 Ord. No. 16794- 1. Make the findings specifically set forth in the Amended and Restated 01-2006 Economic Development Program Agreement; Omni Fort Worth Partnership, L.P. 2. Authorize the City Manager to execute an Amended and Restated Economic Development Program Agreement with Omni Fort Worth Partnership, L.P., pertaining to the development of a Convention Center headquarters hotel; 3. Adopt a supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund in the amount of $2,300,000.00 and decreasing the unreserved fund balance by the same amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund for an Amended and Restated Economic Development Program Agreement with Omni Fort Worth Partnership, L.P., pertaining to the development of a Convention Center headquarters hotel; 4. Authorize the transfer of $2,300,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; and 5. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $2,300,000.00 from available funds, for the purpose of funding an Amended and Restated Economic Development Program Agreement with Omni Fort Worth Partnership, L.P., pertaining to the development of a Convention Center headquarters hotel. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 25 of 35 C-21274 There was presented Mayor and Council Communication No. C-21274 from the Ord. No. 16795- City Manager recommending that the City Council adopt an ordinance 01-2006 amending Ordinance No. 15775 by reducing the City of Fort Worth's Amend Ordinance contributions of Tax Increment to the Tax Increment Fund of Tax Increment No. 15775 Reinvestment Zone No. 8, City of Fort Worth, Texas (Lancaster Corridor TIF); Reducing providing for the survival of all provisions of Ordinance No. 15775 that are not Contributions of amended by this ordinance. Tax Increment Reinvestment Zone No. 8 (Lancaster Corridor TIF)— Omni Fort Worth Partnership L.P. C-21275 There was presented Mayor and Council Communication No. C-21275 from the Amendment No. 2 City Manager recommending that the City Council authorize the City Manager to CSC No. 31735 to execute Amendment No. 2 to Tax Abatement Agreement with Omni Fort — Omni Fort Worth Partnership, L.P., (City Secretary Contract No. 31735, as previously Worth amended by City Secretary Contract No. 32177), pertaining to development of Partnership, L.P. Convention Center headquarters hotel. Assistant City Attorney Peter Vaky briefed the Council that M&C C-21273, the amended and restated 380 agreement covered all the increased grants that the City would pay to Omni pursuant to negotiations over the last several months between City staff and Omni Hotels; it increased the scope of the project to require that at least 125,000 square feet of residential units be constructed as part of the hotel project, adding to the previous scope which was simply a hotel and hotel parking garage. He added that consistent with that increase in project scope, it increased construction cost requirements, both overall construction cost requirements and as well as construction costs commitments to Fort Worth companies and Fort Worth M/WBE companies. He further stated that finally it preserves the very important component to City staff, that being by January 31, 2006, TRT Holdings, Inc., the parent company of Omni Hotels, would provide the City with a completion guarantee meaning that once the completion guarantee is provided to the City, the hotel would be constructed. He added that associated with the amended and restated economic development agreement was an ordinance that reduced potential contributions to the Lancaster TIF to the extent that any program grants payable to Omni were based on property tax revenues; the City would not contribute a like amount to the TIF and that would avoid the City's General Fund from receiving a loss. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 26 of 35 He further stated that finally there was an amended tax abatement agreement, M&C C-21275, a simple amendment to the tax abatement agreement which made the project requirements consistent with the amended and restated 380 agreement. He added that it was important to point out that the abatement did not apply to any of the residential units or increase the amount of abatement or the term of the abatement. Assistant City Manager Joe Paniagua stated that as previously outlined to the Council, this was a project that citizens asked the City to look at that provided no financial or operational risk to the City. He added that while there were additional incentives, i.e., the rebate on the hotel occupancy taxes would go from 10 years to 18 years; hotel property taxes from 10 years to 15 years; additional support on garage costs; 380 agreement on unsold condos for up to 5 years, but only for unsold condos; and no tax dollars would be withheld from the Fort Worth Independent School District or College District. He pointed out that there were benefits aside from the 608 hotel rooms, the 48,000 square feet of meeting space, and all the other amenities related to a convention center hotel. He stated the City expected to see some direct spending of$1.88 billion in this economy as a result of this hotel and the conventions that it would help draw and fill up other hotel rooms in the area. He further stated that 6.8 million additional visitors to Fort Worth was expected as a result of the hotel and reiterated that there was no financial or operational risk to the City on this project. He added that this project did have M/WBE employment goals: 250 employees must be hired by Omni; 125 must be Fort Worth residents; and 62 must be Central City residents. He pointed out that this was the largest single Fort Worth M/WBE project. He explained that the garage project had a 35 percent M/WBE but it was a good faith goal and was driven by the M/WBE ordinance and that ordinance applied to City purchasing and City construction projects. He further explained that this ordinance was referred to in the tax abatement policy which drove this particular project, as the project had an associated tax abatement and that policy referred to that 25 percent good faith goal, but it also allowed for a process that the goal could be negotiated up or down. He stated in this case it was negotiated to $15M. He also stated that the way the tax abatement was written, this project would not be covered by the 25 percent goal or commitment automatically; it was something that was negotiated and was a firm commitment of$15M for the M/WBE commitment. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 27 of 35 Ms. Sundra Davis, Minority/Business Women Enterprise Division Manager, presented a briefing to the Council relative to a comparison of M/WBE policies with the Cities of Arlington, Dallas, Tarrant County, Fort Worth Independent School District and others. The presentation included additional information on the City's role in increasing M/WBE construction capacity and the M/WBE numbers from Omni's construction of the CNN Tower in Atlanta, Georgia. The following individuals appeared before Council in support of the Economic Development Agreement and amendments relative to reduction of certain contributions of tax increment to the Lancaster Corridor TIF and Tax Abatement Agreement: John Avila, Mr. John Avila 2452 Winton Terrace East Monte Elliott, Mr. Monte Elliott 1150 South Freeway Dee Jennings, (Represented Fort Worth Metropolitan Black Chamber of Commerce) Russell CeBallos, Mr. Dee Jennings 1150 South Freeway Alexander Davis, (Represented Fort Worth Metropolitan Black Chamber of Commerce) Andy Taft, Mr. Russell CeBallos 159 N. Riverside Drive Bill Thornton (Chairman, Fort Worth Hispanic Chamber of Commerce) Mr. Alexander Davis 4917 Old Mansfield Road Mr. Andy Taft 777 Taylor Street (President, Downtown Fort Worth, Inc.) Mr. Bill Thornton 777 Taylor Street (President, Fort Worth Chamber of Commerce) Mayor Moncrief also acknowledged Mr. Douglas Harman from the Fort Worth Convention and Visitors Bureau, and Judge Mary Ellen Hicks, who had also signed presentation cards in favor of this issue. The following individuals appeared before Council in opposition of the additional incentives being proposed for Omni Hotels and requested that an M/WBE requirement of 25 percent be added to the Economic Development Agreement: Al Saldivar, Mr. Al Saldivar 936 Cardinal Ridge Edward Brisco, Mr. L. Edward Briscoe, Jr. 2240 Briardale Road Jr., Pastor Reginald D. Jordan 7301 Kuban Boulevard Reginald Jordan, Mr. Bryan Muhammad 8400 Highway 80 W. Bryan (Represented Fort Worth/Tarrant County Million More Movement Muhammad Power Organizing Coalition and Think Tank Institution) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 28 of 35 (Council Member Davis returned to her chair at the dais.) Lee Saldivar, Lee Saldivar 3937 Ryan Avenue Al Foster, Mr. Al Foster 9617 Lea Shore Dot Henderson, Ms. Dot Henderson 1709 Ridgmar Boulevard Ronnie Brown, Mr. Ronnie Brown 7501 Wicker Lisa Melton, Ms. Lisa Melton 3616 Fleetwood Drive Bernard Allen, Mr. Bernard X. Allen 6417 Oak Timber Drive Clyde Picht, Mr. Clyde Picht 5016 Monarda Way Eddie Griffin Mr. Eddie Griffin 1120 E. Davis The following individuals were also in opposition and supported comments made by the above speakers: Vera Colton Pia Foster Rachel Allison Penny Jackson Patricia Brown Sylvia James Avan Sherman Cinetrea Grace Martha Hunt Anthony Burks Gary Hunt Aayla Brown Monica Colton Brodrick Moore Kenya Jackson Louisa Jordan Tony Madden Elbert Bowman Pastor R.G. Gamble Harold Criss Tonya D. Wright Ricky L. Wright, Sr. Andre L. Johnson Pastor R. West Chris Green Curtis L. Baylor III Michele Thomas Billy Orr Vera D. Estes Kim Knoth Chris Bryant Rachel Muhammad Ceila Thompson L. Muhammad Tyrone Hiner Council Member Jordan advised of his independent review of the numbers involved in this project and of the 28 percent increase in construction costs since the original bid was submitted. He stressed that the tax abatement was based upon the incremental improvements to the property and advised there would be increased improvements to the property as a result of the increase in construction costs. He pointed out premiums requested by the other competitive bidders and that the premiums were requested to mitigate the risk the bidders were taking to build the convention center hotel. He stressed the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 29 of 35 guarantees the City was requesting as part of the agreement, i.e., 600 hotel rooms, and further explained other guarantees the City was requesting for this project. He expressed concern for delaying this project any longer and indicated his support of the project. Mayor Pro tem Silcox requested the legal staff provide further explanation of the guarantees. Assistant City Attorney Peter Vaky provided clarification on the guarantee requirements. Mayor Pro tem Silcox expressed his concern for future cost increases. Council Member Burdette spoke in favor of the hotel project. He advised of the need for a Convention center hotel and discussions held on this issue for years. He indicated his support of the project and it identified benefits to the City in terms of new jobs and economic development. Council Member Espino addressed issues relative to public discourse, equity and fairness within the City, and the proposed incentives with Omni. He stated that the right of a citizen to come before the City Council and address them was fundamental and everyone should be passionate about the causes they believe in. He added that if someone disagreed with a person's position they should look at the other perspective and agree to disagree and not make the issue personal. He further stated that he strongly disagreed with the characterization that some Council Members had been referred to as "sell outs" or did not care about poor and oppressed people. He added that this Council and prior Council indeed supported and promoted a fairness equity agenda and that a significant amount of resources were devoted to the areas of the City that were in distress. He summarized the economic merits of the proposal and stated that the project benefited everyone in the City of Fort Worth. Council Member Wheatfall pointed out that someone had reminded him today that he had originally voted in favor of this project as reflected in the City Council Minutes of March 29, 2005. He added that he was ignorant at that time. He stated he believed that when he came to the City that reason would prevail. He believed that in Fort Worth capacity was an issue that would be addressed; however, in his opinion this was not the case in Fort Worth or in the country. He added that it was for this very reason that the minority community and the members of the Minority Chambers of Commerce came to the City and requested the 25% participation for the M/WBE. He pointed out that the City CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 30 of 35 needed to hold the line in this regard and the City needed to stick together. He provided an apology for comments he had made previously that might have offended other Council Members. He reiterated his support of the 25 percent figure for M/WBE and that this figure should represent a bare minimum of what was required. He pointed out that by holding the line in this regard it would create better economic development opportunities and a better and larger tax base for the City. He commended the individuals that had attended the Council meetings and spoke to request their fair share of this project just like the area Chambers of Commerce. Council Member Davis advised of her involvement in trying to bring a convention center hotel to Fort Worth since she began her service on the City Council. Se advised of her strong belief in the economic benefit this project will bring to the City. She advised of the high risk associated with convention center hotel development and the public/private partnerships that had evolved in order to build them successfully. She pointed out the positive benefits of having this type of facility for the local economy and the tourism dollars that will be brought to the City. Council Member Davis spoke about the condominium development as part of the hotel project and this part was not the City's idea, but the Omni Hotel's proposal. She advised of the benefit of that type of development and the tax money influx from that part of the development into the Lancaster Corridor TIF. She pointed out the use of those received tax monies could be used to restore and benefit the older historic structures located in that TIF. Council Member Davis spoke about the guarantees that were built into the project. She referenced the M/WBE participation and how the City of Fort Worth was in the forefront in this endeavor and the City's ability of tagging this requirement to contracts. She commended the people for coming to the Council meeting and expressing their positions in this matter and encouraged a positive working relationship. Council Member Davis indicated her support for this project. Council Member Hicks expressed appreciation to District 8 residents who sent her messages of support over the past few weeks. She stated that she was elected to represent 70,000 people in District 8, not two or three and that when all was said and done, all she had was her good name and she would not let anyone distort her record. She clarified her tenure on the Council, prior to when many issues pertaining to M/WBE issues were brought before the Council for consideration, and stated that she would continue to fight for positive economic development, empowered citizens, and a City Hall that was proactive when it came to the needs of residents. She encouraged the citizens to always "check the record" when they were concerned with an issue. Mayor Moncrief indicated his support of the project and expressed appreciation CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 31 of 35 to all of the individuals that had attended the Council meeting and expressed their opinions regarding this project. He also expressed appreciation to Omni Hotel representatives for working with the City and acknowledged their efforts to provide the $15M for the M/WBE participation. Mayor Moncrief spoke in favor of the diversity of the City as realized at all levels, citizens, employees, businesses, etc. He encouraged cooperative working relationships to address the continued growth of the City of Fort Worth and to encourage and promote development of minority and women businesses that not only serve the City of Fort Worth, but the entire region. He stressed that as the Mayor of Fort Worth, he wanted to continue to work with members of the community and the City Council build a strong community. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication Nos. C-21273, C-21274, and C-21275 be approved and Supplemental Appropriation Ordinance Nos. 16793-01-2006, 16794-01-2006 and Ordinance No. 16795-01-2006 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Wheatfall casting the descending vote. (Council Member Hicks stepped away from the dais.) (Council Member Wheatfall stepped away from the dais and left the meeting.) AGENDA ITEM XVII — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Reconsideration of It was the consensus of the City Council, at its meeting of January 19, 2006, to ZC-05-280 set today as the date to reconsider Zoning Docket No. ZC-05-280, previously Approved approved by Council on January 10, 2006. Mayor Moncrief asked if there was anyone present desiring to be heard. Council Member Davis made a motion, seconded by Council Member Jordan, that the application of Frank M. Newman, Jr., for a change in zoning of property located at 4101 Surrey Street (4100 Stadium Drive) from "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "F" General Commercial plus mini warehouse, with site plan required, Zoning Docket No. ZC-05-280, be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial with a screening fence along the railroad, Granbury Road frontage and Stadium Drive for any outside storage use and waiver of site plan. The motion carried seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 32 of 35 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 Davis made a motion, seconded by Council Member Jordan, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16796-01-2006 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 seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Hicks absent. Agenda Item XIV There was presented an ordinance ordering a special election in the City of Fort Ord. No. 16797- Worth, Texas, to be held on Saturday, the 13th day of May 2006, for the 01-2006 purpose of submitting to the qualified voters of said City, for adoption or Order Special rejection, proposed amendments to the existing Charter of the City of Fort Election for Worth; authorizing the City Council to designate the places at which said Charter election is to be held; and prescribing presiding officers thereof. Amendment on May 13, 2006 Assistant City Attorney Cynthia Garcia presented the following proposed alternative language for Propositions 1, 6, and 8, respectively: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 33 of 35 Proposition 1 Alternative • An amendment of the City Charter, Chapter III, Section 3, to be effective October 1, 2006, to increase the compensation paid to each City Council member to $25,000.00 per year and $29,000.00 per year for the mayor. Proposition 6 Alternative • An amendment to the City Charter, Chapter IV, Section 1, and Chapter IV, Section 3, to provide that in addition to complying with state law residence requirements, a candidate for Mayor or City Council must have continuously lived in the Council District for which he or she seeks election for 6 full months before the first allowed filing date for the election. Proposition 8 Alternative • An amendment to Chapter XXI, Section 5, of the City Charter to revise the publication and referendum requirements for the sale of City-owned property to increase the value of the property covered by the publication requirement from $25,000.00 to $125,000.00 and to increase the number of required signatures for a referendum on the sale from 500 to ten percent (10%) of the number of voters who voted in the most recent mayoral election. (Council Member Hicks returned to her chair at the dais.) Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Ordinance No. 16797-01-2006 be adopted as revised and that polling places could be reviewed subsequently. He expressed appreciation to the Committee for their work. There was considerable discussion by the Council on the reasons that the protection of parkland would not be included in the Charter Amendment Election. There was also considerable discussion on when the compensation for the Council, if approved, would begin, i.e., July 1, 2007, or the revised date of October 1, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24, 2006 PAGE 34 of 35 Council Member Jordan called for the question, seconded by Mayor Pro tem Silcox. The motion carried seven (7) ayes to one (1) nay, with Council Member Haskin casting the descending vote and Council Member Wheatfall absent. The motion to adopt Ordinance No. 16797-01-2006 as revised and that polling places could be reviewed subsequently, carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Mayor Moncrief expressed appreciation to the Acting Assistant City Manager Richard Zavala, Law Department, City Secretary Marty Hendrix, and Sandy Oliver from the Budget and Management Services Department, for their hard work on the Charter Amendments. Council Member Davis acknowledged the extraordinary efforts of Assistant City Manager Joe Paniagua relative to the Omni Hotel project. She stated that he was an unbelievable asset to the City. Item XVIII Mr. Francisco Hernandez, 2108 Alston Avenue, appeared before Council and Citizen expressed his appreciation for the job they are doing for the City. Presentations Francisco Ms. Jackie Liles, 716 Northwood Road, appeared before Council relative to a Hernandez, road proposed to be built across a park in the Crestwood area at the entrance to Jackie Liles Idlewood. She stated that she opposed the road as it could change the floodplain in the area and that parkland should not be sacrificed for development. Council Member Burdette stated that when this issue came before the Council for consideration, no one was present or submitted documents in opposition of the road. He added that he would research the facts and send a letter addressing the issue. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 3:05 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 24,2006 PAGE 35 of 35 a) David A. Miller, Jay H. Mathew and Robert D. Matkin, Jr., v. City of Fort Worth, Civil Action No. 4-04-CV-622-Y; b) City of Fort Worth v. Flash Cash, et al., Cause No. 96-209942- 05; c) City of Fort Worth v. Flash Cash, et al., Cause No. 96-214653- 05; d) Legal issues concerning the revision of the 287 Service Plan; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 3:25 p.m. Agenda Item XVII There being no further business,the meeting was adjourned at 3:25 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 31" day of January, 2006. Attest: Approved: Marty Hend x Michael J. Moncrief City Secretary Mayor