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HomeMy WebLinkAbout2006/01/19-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 Present 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 Absent Mike Moncrief, Mayor City Staff Charles Boswell, City Manager David Yett, City Attorney Ronald Gonzales, Assistant to City Secretary With a quorum of the City Council Members present, Mayor Pro tem Silcox called the regular session of the Fort Worth City Council to order at 10:25 a.m. on Thursday, January 19, 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 Dr. Donald Hogg, Westminster Presbyterian Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On a motion made by Council Member Davis, seconded by Council Member Approval of Espino, the minutes of the regular meeting of January 10, 2006, and minutes of Minutes the City Council bus tour of Districts 5 and 4 of Friday, January 13, 2006, were approved unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. Agenda Item V There were no special presentations Special Presentations Agenda Item VI Council Member Hicks announced that a public meeting would be conducted Announcements on January 24, 2006, at 6:00 p.m. regarding proposed apartments at Oak Grove CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 2 of 24 and IH2O and encouraged everyone in District 8 to come out to Carter Park Elementary School at 1204 E. Broadus Avenue to express their opinions relative to state credits for apartments. She also urged them to speak with Representative Lon Burnam as this was a state issue that would be decided on a state level. She added that the community needed to be very involved in this issue. Mayor Pro tem Silcox announced that citizen input hearing on the Gas Drilling Ordinance would be conducted tonight at 6:30 p.m. at R.D. Evans Community Center to receive input from citizens on the committee's findings. He encouraged everyone to attend. Council Member Espino announced that the Hispanic Chamber would be having its Fiesta Night at the Stock Show on January 20, 2006, beginning with a dinner at the Will Rogers Round-Up Inn and followed by the rodeo and dance, commencing between 5:30 p.m. and 6:30 p.m. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued for withdrawn from staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Espino, seconded by Council Consent Agenda Member Wheatfall, the Council voted eight(8) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1532 M&C OCS-1532 - 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-15061 M&C G-15061 —Recommending that the City Council: Ord. No. 16764- 01-2006 1. Adopt Ordinance No. 16764-01-2006 amending the Fort Worth Ord. No. 16765- Electrical Code, by amending the requirements for licenses to recognize 01-2006 licenses issued by the State of Texas allowing for electrical permits to Amendments to be obtained by Texas Electrical Contractors, eliminating the issuance of Electrical and Sign new Fort Worth licenses, termination of the current Fort Worth Codes Electrical Licensing Program, testing program and reciprocal license CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 3 of 24 provisions, allowing for the grandfathering of existing Fort Worth electrical licenses, for individuals wishing to maintain their existing license, provided they do not let their Fort Worth license expire over one year, and providing a registration fee for State of Texas Electrical Contractors and Electrical Sign Contractors that is equivalent to Fort Worth Master Electrician and Master Sign Electrician fees; and 2. Adopt Ordinance No. 16765-01-2006 amending the Fort Worth Sign Code, by adding State of Texas Electrical Licenses, allowing for electrical permits to be obtained by Texas Electrical Contractors, which has been amended by separate ordinance to recognize licenses issued by the State of Texas, eliminating the issuance of new Fort Worth licenses, termination of reciprocal license provisions and grandfathering existing Fort Worth licenses that license holders choose to keep active, and making references to the Fort Worth Electrical Code for the remaining provisions associated with electrical sign licenses. G-15062 M&C G-15062 —Authorizing settlement of a lawsuit entitled "Reginald Bracey Settlement of vs. City of Fort Worth, Cause No. 04-24772-2"; authorizing the payment of Lawsuit Entitled $60,000.00 in settlement of the referenced suit; and authorizing the appropriate "Reginald Bracey City personnel to execute a release and agreement necessary to complete the vs. City of Fort settlement. Worth, Cause No. 04-24772-2" P-10296 M&C P-10296 — Authorizing a purchase agreement for sign sheeting with 3M Sign Sheeting Company for the Transportation/Public Works Department based on best value with payment due 30 days after receipt of invoice and freight included in unit prices; authorizing this agreement to begin January 19, 2006, and expire January 18, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10297 M&C P-10297 — Authorizing the purchase of sports lighting pole systems with Sports Lighting Dealers Electrical Supply Company for the Transportation/Public Works Pole Systems Department based on best value for a cost not to exceed $33,057.00 with payment due 30 days after receipt of invoice and freight included in unit price. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 4 of 24 P-10298 M&C P-10298 — Authorizing purchase agreements for irrigation equipment, Irrigation parts, and repair services with Wickham Supply, Inc., and Professional Turf Equipment, Parts Products for the Parks and Community Services Department based on best and Repair value with payment due 30 days from date of invoice; authorizing these Services agreements to begin January 19, 2006, and expire on January 18, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute interlocal agreements allowing other public entities to participate in the award in accordance with the Texas Local Code 271.102 "Cooperative Purchasing Program". C-21251 M&C C-21251 — Authorizing the City Manager to execute a Public Right-of- BSG Pipeline, Ltd. Way Use Agreement with B SG Pipeline, Ltd., that grants B SG a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21252 M&C C-21252 —Recommending that the City Council: Ord. No. 16766- 01-2006 1. Authorize the City Manager to accept $15,000.00 from Legacy Capital Texas Department Company and to execute an Advance Funding Agreement with the of Transportation Legacy Capital Corporation for the review of a schematic design plan for exit ramps located at Avondale Haslet Road and Highway 287; 2. Adopt Appropriation Ordinance No. 16766-01-2006 increasing estimated receipts and appropriations in the Streets Improvements Fund in the amount of $15,000.00 from available funds for the purpose of funding a Local Project Funding Agreement with the Texas Department of Transportation for review of the schematic design plans for exit ramps located at Avondale Haslet Road and Highway 287 as requested by Legacy Capital Company; 3. Authorize the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $15,000.00 for review of the schematic design plans for exit ramps, as requested by Legacy Capital Company, located at Avondale Haslet Road and Highway 287; and 4. Authorize payment to TxDOT in the amount of $15,000.00 for review of the schematic design plans for the project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 5 of 24 C-21253 M&C C-21253 — Authorizing the City Manager to execute Amendment No. 9 Amendment No. 9 to City Secretary Contract No. 28436 with TranSystems Corporation to CSC No. 28436 Consultants, in the amount of$7,690.00 for additional design services for Berry — TranSystems Street Streetscape project from Waits Avenue to Forest Park Boulevard, thereby Corporation increasing the contract amount to $343,299.20. Consultants C-21254 M&C C-21254 — Authorizing the City Manager to execute a second Second amendment to City Secretary Contract No. 28454 with Cornerstone Appraisal Amendment to Company for the review appraisal assignment in connection with the Noise CSC No. 28454— Mitigation Program at Fort Worth Meacham International Airport (DOE 3932 Cornerstone and 4301) to increase the original contract and first amendment by $4,000.00 Appraisal for a total not to exceed $41,000.00. Company C-21255 M&C C-21255 —Recommending that the City Council: Ord. No. 16767- 02-2006 1. Authorize the transfer of$72,475.00 from the Water& Sewer Operating Change Order No. Fund to the Water Capital Project Fund in the amount of$4,960.00 and 1 to CSC No. Sewer Capital Project Fund in the amount of$67,515.00; 31482—Conatser Construction TX, 2. Adopt Appropriation Ordinance No. 16767-01-2006 increasing LP estimated receipts and appropriations in the Water Capital Project Fund in the amount of $4,960.00 and the Sewer Capital Project Fund in the amount of $67,515.00 from available funds for the purpose of funding Change Order No. 1 to City Secretary Contract No. 31482 with Conatser Construction TX, LP, for Sanitary Sewer Rehabilitation Contract LXVII(67), Part I; and 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 31482 with Conatser Construction TX, LP, for Sanitary Sewer Rehabilitation Contract LXVII (67), Part I, in the amount of $72,475.00 thereby increasing the contract amount to $1,262,274.00. C-21256 M&C C-21256 — Authorizing the City Manager to execute Amendment No. 4 Amendment No. 4 to City Secretary Contract No. 29019 with Dunaway Associates, Inc., for Walsh to CSC No. 29019 Ranch Water Main Extension, Phase 1, in the amount of $206,826.00, to —Dunaway provide for additional engineering services, thereby increasing the contract Associates,Inc. amount to $1,364,517.45. Subsequent amendments, if necessary, will be processed administratively, up to a $25,000.00 total. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 6 of 24 The motion carried. End of Consent Agenda. Agenda Item X Council Member Davis requested suspension of Council rules for purposes of Presentations by allowing reconsideration of a vote that was made during the January 10, 2006 City Council Council meeting. Council Member Haskin made a motion, seconded by Council Member Espino to suspend Council rules to consider Council Member Davis' request. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. Council Member Davis requested reconsideration of Zoning Docket No. ZC- 05-280, from "17" General Commercial to "I" Light Industrial as the recommendation she made on January 10, 2006, had placed some limitations that she had not foreseen on this property and property owner. She added that the property owner asked that she meet with them to reconsider her motion and requested this item be placed on the January 24, 2006, Council agenda. Council Member Davis made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-05-280, be reconsidered on January 24, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. Appointments Council Member Wheatfall made motion, seconded by Council Member Haskin, that Dezhon Johnson be appointed to the Youth Advisory Council effective January 19, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Moncrief absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII It appeared that the City Council set today as the date for a public hearing for Public Hearing for the proposed Convention Center Hotel project. Mayor Pro tem Silcox opened Proposed the public hearing and asked if there was anyone present desiring to be heard. Convention Center Hotel Assistant City Manager Joe Paniagua appeared before Council and provided a Project Status of Project report. He stated that the City was presently in a holding pattern as the City renegotiated incentives and if the Council agreed to move forward on this issue, staff would present a proposal for consideration at the January 24, 2006 Council meeting. He advised that Omni had done due CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 7 of 24 diligence and had sought estimates on the project. He advised that the project came in $25M higher than originally budgeted in 2003. He assured the Council and community that staff had reviewed the cost estimates and believed the cost estimates were in line and that there were no unusual allowances. He added that the City had their own experience locally with cost increases and do understood the $25M was a real cost estimate for this project. He further stated that staff had compared it to cost per room, an industry standard, and it was not out of line for this project. He added that in terms of incentives, the original deal contained 10 years of hotel taxes, and staff recommended 18 years in hotel taxes rebated back to Omni as a developer; 15 years on hotel property taxes instead of 10 years; an additional $2.3 million to support garage costs as the developer had to go underground at the City's request; and 380 agreement on unsold condos for up to five years. He explained that when a person purchased a condo from Omni Corp, that person would immediately pay City, County, School District, and Hospital District taxes. He added that the only incentive was about $375,000.00 over a 20-year period that came within the first 2'/2 years; the rest of the taxes for the City would be collected at the equivalent of about 19 years in the first 20 years. He further stated as such, the City was giving up one year of taxes to get a $41M project with respect to the condo tower. Mr. Paniagua continued by stating that from the original deal commitments, Omni was agreeing to construction spending of$100M instead of the $59M as originally agreed; construction spending of $20M with Fort Worth companies up from $11.8M; agreeing to $15M up from $5.9M in construction spending with Fort Worth Minority/Women Business Enterprises (M/WBE) and those M/WBEs under this agreement must be Fort Worth based, have an address in Fort Worth, and must be doing work out of Fort Worth. He added that Omni also agreed as part of the deal to develop 125,000 square feet of residential condos, and that they would provide a Completion Guarantee. He further stated that the key point was that there was no financial or operational risk to the City and that the risk would be assumed by Omni Hotels. He submitted a letter from the M/WBE Advisory Committee reflecting their support of the $15M M/WBE commitment and the $50,000.00 annually for goods and services for the life of the abatement. A lengthy conversation ensued between Council Member Wheatfall and Assistant City Manager Paniagua relative to Omni's M/WBE commitment of 15 percent, fair share agreements, evaluation of cost increases, and capacity issues. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 8 of 24 Council Member Wheatfall expressed concern that the City was looking at 15 percent M/WBE participation as a bare minimum on this project when the minority community, not including the white women businesses that were part of the M/WBE policy, made up greater than 50 percent of the population of the City of Fort Worth. He also expressed concern that when Omni came originally with the $59M in construction costs, they agreed to 10 percent M/WBE participation based on capacity. He added that now they were at $15M which was 25 percent of the original deal and yet capacity had not changed within the City of Fort Worth. He added that the City, on behalf of the minority communities, in order to have good faith in upholding the M/WBE ordinance had to verify through certain measures whether that was a true assessment of the state of capacity in Fort Worth. Mr. Paniagua responded that the Fair Share Agreement in Arlington with the Cowboys' organization was a good faith effort and not a firm commitment like this agreement nor tied to incentives. He added that staff had come across the request for proposal for the Dallas Convention Center Hotel and they too were talking about a good faith effort. He further stated that there was a stark difference between agreements; it was tied to performance, was for Fort Worth only, and for every dollar they do not spend below the $15M, a dollar in incentives is taken away. He added that Omni did not spend money on a design until an agreement was reached. Once an agreement was reached, Omni obtained estimates and discovered costs had increased. Council Member Davis addressed the existing capacity with which Omni had to deal and what had the City done to verify the challenges Omni stated were there, were actually there. She stated that Omni had met, on more than one occasion, with the M/WBE Advisory Committee and those very capacity issues had been discussed. She added that Omni had demonstrated the kinds of work for which they would be seeking assistance through their general contractor and had reached out for help from some of the members of the Council and of the Advisory Committee in terms of making sure they understood what the opportunities were so that they could maximize their numbers. She further stated that the Advisory Committee agreed that the commitment was a fair one based on the work being done and the subcontracting opportunities that existed in the community. She added that she did not want to assume or believe that the Council or City was not working toward verifying, when working with a partner on a development opportunity, that everything was not being done to assure that minority and women owned businesses were not getting a fair share of those agreements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 9 of 24 Mr. Paniagua stated that Omni was required to make monthly spending reports by contract that reflected what amounts had been expended with M/WBE companies. He added that Omni had also agreed to meet with the M/WBE office and ad hoc committees as reasonably necessary. He further stated that the City would know what their commitments were on a monthly basis and could work with Omni to present new opportunities for them to work with M/WBE companies. Council Member Davis stated that up to a year and a half ago, the M/WBE policy applied to City projects, but it had not been applied to projects that were receiving tax abatements or TIF incentives and the move was made to ensure it was applied. She added that the advisory committee's role was enhanced on each of these projects so that the person who came forward asking for economic development incentives would meet with the advisory group and work with them to match the project to the potential the City had in terms of helping to serve it through the minority and women owned businesses. She also stated that the City had requested that the committee communicate back to the Council to help them see where the gaps were in terms of where there were not opportunities for minority and women owned businesses to serve as subcontractors for that kind of need so the City could help. She added the City could help through the Business Assistance Center to formulate and create a capacity to help to fulfill that need. Council Member Davis also addressed the issue on the dollar number and the capacity percentage. She stated that originally Omni made a 10 percent commitment to M/WBE which represented $5.9M and now it had gone up to $15M. She added that changing the number did not mean that the capacity grew overnight; what it meant was that percentage of that contract, particularly in the sub opportunities, may have just become a more expensive part of the contract, i.e., delivery and supply of concrete to the site. If the concrete now comprised a much larger dollar amount of the contract, that did not create further capacity, it just meant that of the contract itself, many more dollars were going to be paid to the concrete subcontractor than were going to be paid in the past. She further stated that it was misleading to argue that simply because the dollar numbers were going up on the M/WBE that suddenly that meant there was an oversight in what the capacity was at that time and a new capacity had been created in the meantime. Council Member Hicks asked for a comparison before the Council voted on this issue on January 24, 2006, regarding M/WBE policy in Dallas, Arlington, Fort Worth Independent School District, Tarrant County, and how the Family Law Center's $100M project was affected. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 10 of 24 Council Member Espino stated he attended a meeting with various businesses in the City recently and thought there was a clear understanding that a consensus had been reached on the $15M figure. He added that this project was needed as the City was losing convention business. He further stated that Council had a commitment to the M/WBE effort and he did not want the public to have the perception that the Council was not being vigilant of this issue. He added there had been tremendous good faith effort by staff, Council, the business community, and Omni American to get a realistic M/WBE commitment. Council Member Burdette stated that every member of the Council was supportive of the M/WBE program and ordinance. He added that the project would add a great deal of incentives to the southern end of the City and when the project was completed, it would not only promote conventions but would also provide opportunity in that part of the City for many other construction projects. He further stated that it would go a long way towards creating opportunities for minorities and women and those in construction business; it would benefit the entire community. He added that if the City did not go forward with this project a great opportunity would be missed for everyone. The following individuals appeared before Council in support of the proposed Convention Center Hotel Project: David Berzina, Mr. David Berzina 777 Taylor Street, Suite 900 Andy Taft, (Executive Vice President, Fort Worth Chamber of Commerce) Dan Villegas, Mr. Andy Taft 777 Taylor Street, Suite 100 Monte Elliott, (President, Downtown Fort Worth, Inc.) Dee Jennings, Mr. Dan Villegas 1330 6th Avenue Jeff King, (Chairman, Fort Worth Hispanic Chamber of Commerce) Sam Garcia Mr. Monte Elliott 1150 South Freeway (Chair, Fort Worth Metropolitan Black Chamber) Mr. Dee Jennings 1150 South Freeway (Representing Fort Worth Metropolitan Black Chamber) Mr. Jeff King 2317 Stadium Drive (Chair, Fort Worth Convention and Visitors Bureau) Mr. Sam Garcia 4832 James Avenue The following individuals appeared before Council in opposition of the proposed Convention Center Hotel Project. They stated that M/WBE participation should be increased to 25 percent based project increases. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 11 of 24 Ron Mohammed, Mr. Ron Mohammed 4200 Lisbon James Harvey, (Represented Fort Worth/Tarrant County Million More Movement Edward Briscoe, Power Organizing Coalition and Think Tank Institution) Jr., Mr. James Harvey 8301 Orleans Lane Bernard Allen, Mr. Edward Briscoe, Jr. 2240 Briardale Road Lisa Melton, Mr. Bernard X. Allen 6417 Oak Timber Drive Al Saldivar, Ms. Lisa Melton 3616 Fleetwood Drive Lee Saldivar, Mr. Al Saldivar 936 Cardinal Ridge Grover McMains, (President, Lulac) Ronnie Brown, Mr. Lee Saldivar 3937 Ryan Avenue Eddie Griffin, Mr. Grover McMains 1417 8th Avenue Reginald Jordan, Mr. Ronnie Brown P.O. Box 8223 Chris Spellmon, Mr. Eddie Griffin P.O. Box 17042 Kieve Tatum Pastor Reginald D.Jordan 7301 Kuban Dr. Chris Spellmon 6037 Forest River Rev. Kieve Tatum 1333 E. Magnolia Avenue Council Member Davis advised Mr. Ron Mohammad that she had a copy of a letter from Mr. Bryan Mohammad relative to this issue. She quoted that the letter stated that "...we need to stop using our M/WBE policy as a back door way for white men to secretly funnel funds away from the program by getting white women, their wives, to set up businesses that are front companies for white men to skillfully divert these funds (i.e., white females on City Council)." She stated that she was not a certified woman owned business and never had been. She added, in fact, it would be a conflict of interest for her to be a qualified M/WBE on any contract for which the City awarded a percentage of M/WBE funds. She added that she resented the information in the letter and hoped that he would take back to Mr. Bryan Mohammad that he was absolutely incorrect in his statement that Ms. Davis had served as a white female front for any white male company that had benefited from the City's M/WBE policy. Council Member Haskin stated that she was a certified woman owned business and had been. She stated that her husband did not run her business nor did he have any daily working relationship with the business. She added that she was also insulted by the letter and what it implied. She further stated that as a Council Member for 13 years, she had never done business with the City of Fort Worth nor would it ever be allowed as it was a conflict of interest. She added that the statements that were made needed to be corrected and an apology made. There was no formal action taken by the Council on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 12 of 24 Recessed/ Mayor Pro tem Silcox recessed the meeting at 12:09 p.m. and reconvened at Reconvened 12:21 p.m. with Council Member Wheatfall absent. Public Hearing for It appeared that the City Council set today as the date for a public hearing for Proposed the proposed amendments to the City of Fort Worth Charter. Mayor Pro Tern Amendments to Silcox opened the public hearing and asked if there was anyone present desiring City of Fort to be heard. Worth Charter Acting Assistant City Manager Richard Zavala, presented a briefing on the Charter Review Committee's recommendations for amendments to the City Charter. He stated that the amendments being considered included five policy charges related to: 1. Council Compensation 2. Length of Council terms 3. Staggering of Council Terms 4. Term Limits 5. Number of Required Meetings He continued by stating that the Charter Review Committee recommended that: 1. A salary of $25,000.00 be established annually for Council Members and $29,000.00 for the Mayor. 2. The number of meetings be adjusted to not less than 44 meetings per year and not fewer than two meetings per month. 3. No changes with respect to length of Council terms, staggering terms, or term limits. He stated that this was the fourth public hearing that the Council had convened relative to the Charter Amendment review process. He added that Council was scheduled to vote and call for an election on January 24, 2006, and subject to that decision the necessary paperwork would be submitted to the Department of Justice for pre-clearance. He further stated that through the Spring there would be a public education period and the election would occur on May 13, 2006. Mayor Pro tem Silcox stated that draft copies of the proposed revisions were located on the reception table outside the Council Chamber for the public's information. Assistant City Attorney Cynthia Garcia stated that the committee recommended eight technical amendments, but staff had been requested to do all 15 that were presented to the committee as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 13 of 24 1. Election Date: Amend sections in charter to mirror state law regarding election dates. 2. Timing of Swearing in newly elected Council Members: Amend the section to provide the swearing in will occur at the next City Council meeting after canvassing results. 3. Holdover Provision: Amend section to provide that a Council Member shall holdover until a successor is duly qualified in cases required by state law. 4. Residents who can run for City Council: Clarify that a candidate for Mayor or City Council must have continuously lived in the Fort Worth City Council District for six (6) months before the election month. 5. Bond for City Manager: Delete requirement. 6. Selling City Owned Property: Amend to increase the value to $125,000.00 and increase the number of voters' signatures required to an election to 5,000. 7. Paving Assessments: Delete since the City follows state law. 8. Bid Opening: Amend to provide that bids will be filed, opened and read by the City Manager or his or her designee. 9. Signature for Improvement Contracts: Amend to require signature of City Manager instead of Mayor. 10. Collection of School Taxes: Delete since the City no longer collects school taxes. 11. Taxation Rate: Amend to conform to section Chapter XXVII, Section 22 to avoid confusion. 12. Publication of Franchise Easements: Delete requirement that the City has to publish entire ordinance and only require publication of a summary. 13. Preference for Department and Assistant Department Heads: Delete since not allowed under state and federal law. 14. Standard Wage Provision in Public Works Contracts: Delete since covered under state and federal law. 15. Officer or employee of the City is prohibited from having a financial interest in any City contract: Amend section to provide that an officer or 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. Mayor Pro tem requested that Ms. Garcia clarify Proposition #6 on the draft for the proposed wording for election propositions pertaining to where a person seeking election must live in the District six months prior to the election month. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 14 of 24 Ms. Garcia stated that a person would start with the election month, May in this instance, and go back six months. Therefore a person had to have lived in the District November, December, January, February, March, and April. Mayor Pro tem Silcox stated that Ms. Karen Cagle, 2618 5th Avenue, had submitted a speaker presentation card in support of a Charter amendment for the protection of parkland; however, she had to leave the meeting but did submit a written statement which would be provided to the City Manager. Sam Garcia Mr. Sam Garcia, 4832 James Avenue, appeared before Council in support of the Charter. He stated that a salary for the Council would provide an opportunity to have more diversity on the Council. He agreed with the two- year terms, but requested Council consider increasing the single member districts from eight to ten since the population of the City had increased. Eleanor Whitmore Ms. Eleanor Whitmore, 2524 Carnation, appeared before Council in support of a Charter amendment for the protection of parkland. She stated that growth and development were important, but not at the expense of a park. She expressed appreciation to the Council for delaying the proposal for a road through Trinity Park. Jeffrey Jacoby Mr. Jeffrey Jacoby, 5920 La Vista Drive #4, Dallas, Texas, Staff Director for the Texas Campaign for the Environment, appeared before Council in support of a Charter amendment for the protection of parkland. He stated that the issue of public parkland protection affected lives and communities. He added that the land needed to be protected for future generations. He further stated that citizens should be given the right to vote on the protection of parkland. He stated that his organization had written voluminous letters to the Council in support of their efforts. Council Member Jordan stated that there was an existing state law that required certain votes when parkland was affected. He asked if Mr. Jacoby was equally lobbying the state legislature on this issue. Mr. Jacoby stated that they were presently concerned with this issue and had not lobbied the legislature. Joey Daniel Mr. Joey Daniel, 4904 Lawther Drive, appeared before Council in support of a Charter amendment for the protection of parkland. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 15 of 24 Doyle Fine Mr. Doyle Fine, 5580 Red Cardinal Lane, appeared before Council in support of a Charter amendment for the protection of parkland. He stated that when the City looked to the future, instead of bringing in more traffic and car fumes, that a light rail system be looked into as a solution. He acknowledged the efforts of Representative Lon Burnam and Mr. Charles Dreyfus for bringing the issue of the road through Trinity Park to the public's attention. Charles Dreyfus Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in support of a Charter amendment for the protection of parkland. He stated that state law provided some protection for parkland; however, the City just had to find that no prudent or feasible alternative existed and then take a vote. He further stated that the League of Women Voters proposed to amend the Charter to improve public notification before adopting plans for new roads and parks, and to have referendums before building new roads through parks. He added that the Council could change anything unless there was a state law, charter provision, or contract, and that the proposed amendment would reduce the number of unwelcome surprises. He stated that the Council should let the public vote on the League of Women Voters suggestion. Lon Burnam Representative Lon Burnam, 2103 6th Avenue, appeared before Council in opposition of the Charter amendment for protection of parkland. He called the Council's attention to Ms. Cagle's suggested amendments and indicated that they were absolutely the best. He spoke about the proposal from the League of Women Voters that would preclude any City engineer consultant from ever coming up with the idea of putting a thoroughfare through a park. He added that he understood the Charter Amendment Election to be clean-up amendments, plus Council pay raise, plus one amendment that would restrict rather than enhance a citizen's ability to access the government by raising the threshold on the ability to affect an election. He stated that it was important to include a 17th amendment for the protection of parkland and not the one that would restrict citizen access. He expressed concern that the Charter Election appeared to look like the Council was asking for the pay raise and the Council restricting the citizens' ability to have elections rather than enhancing those abilities. He stated that there should be Charter Amendments for the expansion of Council Districts, Police and Fire Meet and Confer, and the right to vote on the transfer of public land. He invited the Council to the founding meeting of Save Our Parks on January 31, 2006. Council Member Hicks stated that the Council had received a Master Plan for the Nature Center and inquired if it would be possible to also develop a Master CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 16 of 24 Thoroughfare Plan for Trinity Park. She added that part of the issue was that there was so much concern for the road through the park and asked what the process was to expedite this process so an alternate plan could be developed. City Manager Boswell stated that he would work with staff and perhaps engage the services of another consultant to look at all the different options, as well as get public input and that from the Council. He added that to do that process properly would take a little time and staff could possibly build on the work that was done earlier. He stated that staff would pursue the matter expeditiously. Council Member Burdette stated that he read in the newspaper that the Governor would be calling another special session of the legislature and added that the Council was following existing state law relative to the park issue. He asked Representative Burnam if he was going to address the park issue with his associates to get the law changed to prohibit any municipality from changing public parkland for any other use, public or private, unless there was a vote from the citizenry. Representative Burnham stated he would not have the opportunity to address the issue during the special session as the Governor would only open the session up to education issues. However, he had already instructed his legislative staff in Austin to begin developing a legislative package for next year that would include the park issue. Mayor Pro tem Silcox asked Representative Burnam if there was the same protection for state parks as he was asking the City to put in place for City parks. Representative Burnam stated that he had not had the opportunity to check into this issue and advised of his very public campaign to save the only state park that existed in Tarrant County. He added that they had stalled development pressures on the park; however, it was still in limbo unless there was a Charter amendment approved to protect the park. He further stated that he had started working on the same level of protection for state parks, but that his only direct work with parks thus far was to save a park in Tarrant County and he assured the Council that he would be looking at what the restrictions were for state parks. There was no formal action taken by the Council on this item. (Council Member Hicks stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 17 of 24 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15063 There was presented Mayor and Council Communication No. G-15063 from Ord. No. 16768- the City Manager recommending that the City Council adopt an ordinance 01-2006 approving the Project and Financing Plans for Tax Increment Reinvestment Project and Zone No. 9, City of Fort Worth, Texas (Trinity River Vision TIF); making Financing Plan for various findings related to such plans; clarifying the powers of the Board of Tax Increment Directors of the Zone. Reinvestment Zone No. 9 Council Member Davis pointed out that she wanted to ensure that a couple of (Trinity River issues related to the project and financing plan were included as part of the Vision TIF) record. She added first, the plan as shown today and the boundary of the Trinity River Vision TIF, were to be corrected. She stated that boundary mistakenly was drawn a little too far to the west and actually divided a building on the east side of the building and it was her understanding that the financing plan was based on the real boundary after it would be changed, which would not create any change or problem for the financing plan, and would be considered by the Council on January 24, 2006. She further stated that the Council's work on the Trinity River Vision TIF and the project to be financed by this plan was one of the most important things the Council would do, and within that there would be a number of private developments that were developed as part of the Trinity River Vision TIF and indeed those developments were what the Council was counting on to help raise the money for this financing plan. She added that it may be the case in the future that a couple of things occur: The City and other taxing jurisdictions were committing a percentage of their tax increment to this TIF; none were committing a 100 percent increment to the TIF. She asked that as projects go forward, the possible use of the other 20 percent be considered for the purpose of making them happen; if they do not happen, it had the cumulative effect of not creating the development by which the Trinity River Vision TIF was counting on for its future. Secondly, as those plans came forward to the TIF Board, that the Board remained understanding and flexible with regard to working to help making the very developments that were being relied upon for this financing plan. Council Member Espino made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15063 be approved and Ordinance No. 16768-01-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Wheatfall and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 18 of 24 G-15064 There was presented Mayor and Council Communication No. G-15064 from Payment to Texas the City Manager recommending that the City Council authorize payment of Department of $257,167.00 to the Texas Department of Transportation to modify the plans for Transportation to East Rosedale Street from IH-35W to US 287. Modify Plans for East Rosedale Council Member Espino made a motion, seconded by Council Member Jordan, Street that Mayor and Council Communication No. G-15064 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Wheatfall and Hicks absent. G-15065 There was presented Mayor and Council Communication No. G-15065 from Ord. No. 16769- the City Manager recommending that the City Council: 01-2006 Federal 1. Authorize the City Manager to accept FY 2004 and FY 2005 federal Transportation transportation funds in the total amount of $4,484,000.00 from the Funds for Certain Federal Highway Administration; Designated Urban Villages, Execute 2. Allocate these federal transportation funds for planning, design and Funding construction in designated urban villages; Agreements with TxDOT and 3. Authorize the City Manager to execute funding agreements with the Nominate Projects Texas Department of Transportation (TxDOT) for the specified urban for NCTCOG village projects, and to remit payment for applicable administrative Sustainable fees; Development Program 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $4,484,000.00 subject to receipt of the Section 115 Demonstration Program Funds from the Federal Highway Administration for the purpose of funding agreements with the Texas Department of Transportation for planning, design, and construction, in the following urban village projects: Hemphill/Berry, Six Points, Near East Side, Berry/Riverside, South Main, Ridglea, Berry Street Guidelines, Bluebonnet Circle, Oakland Corners, Polytechnic/Wesleyan, Berry/Stalcup, and Mercado; and 5. Authorize the City Manager to nominate projects for the North Central Texas Council of Governments (NCTCOG) Substainable Development Program. Fernando Florez Mr. Fernando Florez, 2740 Hemphill, appeared before Council in support of this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 19 of 24 Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15065 be approved and Appropriation Ordinance No. 16769-01-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Wheatfall and Hicks absent. G-15066 There was presented Mayor and Council Communication No. G-15066 from Continued Until the City Manager recommending that the City Council adopt an ordinance of January 24, 2006 the City of Fort Worth, Texas, establishing a municipal drainage utility system to be known as the City of Fort Worth Storm Water Management Program; providing for exemptions from the ordinance. Council Member Jordan requested that the vote on this item and M&C G-15067 be postponed as there were extremely important issues involving life and death and also involved the increase of a fee. He added that he would like the opportunity to meet with the leadership of his community to sustain and invalidate the points reflected on the M&Cs. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15066 be continued until January 24, 2006. The motion carried unanimously six (6) ayes to zero (0) nays with Mayor Moncrief and Council Members Wheatfall and Hicks absent. G-15067 There was presented Mayor and Council Communication No. G-15067 from Continued Until the City Manager recommending that the City Council adopt an ordinance January 24, 2006 amending Chapter 12.5, "Environmental Protection and Compliance", Article III, "Storm Water Protection" of the Code of the City of Fort Worth (1986), as amended, by adding a new Division IV, Sections 12.5-336 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. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15067 be continued until January 24, 2006. The motion carried unanimously six (6) ayes to zero (0) nays with Mayor Moncrief and Council Members Wheatfall and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 20 of 24 PZ-2660 There was presented Mayor and Council Communication No. PZ-2660 from the Ord. No. 16770- City Manager recommending that the City Council institute and consider 01-2006 adoption of an ordinance declaring certain findings; providing for the extension Voluntary Full of certain boundary limits of the City of Fort Worth; providing for the Purpose annexation of an approximately 16.504 acre tract of land situated in the NS. Annexation Creed Survey, A-1898, located east of Interstate Highway 35 and north of State (AX-06-001, Highway 170 and south of Westport Parkway, Tarrant County, Texas (Case No. Stanford Tract) AX-06-001, Stanford Tract), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2660 be approved and Ordinance No. 16770-01-2006 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays with Mayor Moncrief and Council Members Wheatfall and Hicks absent. C-21257 There was presented Mayor and Council Communication No. C-21257 from the Ability Resources, City Manager recommending that the City Council authorize the City Manager Inc. to execute a contract with Ability Resources, Inc., (ARI), for a forgivable development loan not to exceed a total of $55,000.00 in Community Development Block Grant Program funds; authorize the contract performance period to begin one the date of contract execution and end twelve months thereafter; authorize the City Manager to extend or renew the contract for up to one year if ARI requests an extension; and authorize the City Manager to amend the contract if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21257 be approved. The motion carried unanimously six (6) ayes to zero (0) nays with Mayor Moncrief and Council Members Wheatfall and Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 21 of 24 C-21258 There was presented Mayor and Council Communication No. C-21258 from the Ord. No. 16771- City Manager recommending that the City Council: 01-2006 Ord. No. 16772- 1. Authorize the City Manager to accept a donation of $200,000.00 from 01-2006 the Fort Worth Botanical Society for the construction of the Botanic Ord. No. 16773- Garden Production Greenhouse Improvements; 01-2006 Ord. No. 16774- 2. Authorize the City Manager to accept a donation of $200,000.00 from 01-2006 the Fort Worth Garden Club for the construction of the Botanic Garden Fort Worth Production Greenhouse Improvements; Botanical Society, Fort Worth 3. Authorize the City Manager to accept a donation of $100,000.00 from Garden Club, the Amon G. Carter Foundation for the construction of the Botanic Amon G. Carter Garden Production Greenhouse Improvements; Foundation and Prime 4. Adopt an appropriation ordinance increasing estimated receipts and Construction appropriations in the Special Trust Fund, Botanic Garden Parking Lot, Company in the amount of $143,663.49 from available funds, for the purpose of funding a transfer to the Park and Recreation Improvements Fund for a construction contract with Prime Construction Company for the construction of the Botanic Garden Greenhouse; 5. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund, Botanic Garden Security Patrol, in the amount of$6,886.45 from available funds, for the purpose of funding a transfer to the Park and Recreation Improvements Fund for a construction contract with Prime Construction Company for the construction of the Botanic Garden Greenhouse; 6. Adopt and appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund, Botanic Garden Plant Material, in the amount of$302.70 from available funds, for the purpose of funding a transfer to the Park and Recreation Improvements Fund for a construction contract with Prime Construction Company for the construction of the Botanic Garden Greenhouse; 7. Authorize the transfer of $400,000.00 from the Special Trust Fund to the Park and Recreation Improvements Fund to fund the construction of the Botanic Garden Production Greenhouse Improvements; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 22 of 24 8. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Park and Recreation Improvements Fund in the amount of$900,000.00 from available funds, for the purpose of funding a construction contract with Prime Construction Company for the construction of the Botanic Garden Greenhouse; and 9. Authorize the City Manager to execute a construction contract, in the amount of $1,131,033.00, with Prime Construction Company for the construction of the Botanic Garden Production Greenhouse Improvements. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-21258 be approved and Appropriation Ordinance Nos. 16771-01-2006, 16772-01-2006, 16773-01-2006 and 16774-01-2006 be adopted with appreciation. The motion carried unanimously six (6) ayes to zero (0) nays with Mayor Moncrief and Council Members Wheatfall and Hicks absent. C-21259 There was presented Mayor and Council Communication No. C-21259 from the Amendment No. 3 City Manager recommending that the City Council authorize Amendment No. 3 to CSC No. 28217 to City Secretary Contract No. 28217 with Toter, Inc., granting a one time per —Toter, Inc. cart price increase and establishing a Cost Adjustment Method for all future price increases beginning October 1, 2006. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21259 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Wheatfall and Hicks absent. Item XV Council Member Jordan stated that before Mr. Bitter addressed the Council, he Citizen would like to extend the Council's deepest sympathy for the loss of Ms. Janet Presentations Pacatte. Marty Bitter Mr. Marty Bitter, 4813 Barberry Drive, appeared before Council relative to the passing of Janet Pacatte on January 9, 2006, from a car accident. He summarized her community involvement and asked for the Council's consideration in naming a senior center or community center in Ms. Pacatte's honor. Council Member Jordan stated that without objection of the Council, he would look forward to working with Mr. Bitter in finding the appropriate means to recommend to the Council to honor Ms. Pacatte's memory. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19, 2006 PAGE 23 of 24 Joan Crownover Ms. Joan Crownover, 1041 East Robert Street, appeared before Council relative to how she was treated by a Fort Worth Police Office at her local Sack `N Save grocery store. She also expressed concern with Code Compliance issues in her neighborhood. Mayor Pro tem Silcox requested that she meet with Assistant City Manager Joe Paniagua to resolve the Police issue. Council Member Hicks asked Ms. Crownover to meet with her to address the Code Compliance issues. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 1:24 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: a) Legal issues concerning the provision of fire services at Alliance Airport; b) Legal issues concerning the development of a convention center hotel and related parking structures; c) Legal issues concerning the collection of delinquent garbage service accounts; d) Legal issues concerning the regulation of oil and gas drilling; e) Legal issues concerning the proposed Master Thoroughfare Plan amendment MT-05-010 related to revising alignments for 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 adding a north/south major arterial from Bailey Boswell to Basswood Boulevard (see M&C G-15054, continued on 1/10/06 to the 1/24/06 City Council meeting; f) Legal issues concerning red light camera enforcement; g) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 19,2006 PAGE 24 of 24 2. Deliberate the purchase, sale, exchange, 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 economic development negotiations concerning a convention center headquarters hotel and any other 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 2:30 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 2:31 p.m. in Adjournment memory of Ms. Janet Pacatte. These minutes approved by the Fort Worth City Council on the 24th day of January, 2006. Attest: Approved: Mart3&endrix Michael J. Moncrief City Secretary Mayor