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HomeMy WebLinkAbout2006/02/28-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 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 Sylvia Glover, Assistant 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 10:10 a.m. on Tuesday, February 28, 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 Bishop Kenneth Spears, First Saint John Baptist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Mayor Pro tem Silcox, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of February 21, 2006, were Minutes approved unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Hicks presented a Proclamation for Women's History Month Special to Ms. Helen Sides, Co-Chair, Women's History Month Planning Committee. Presentations (Council Member Wheatfall stepped away from the dais and left the meeting.) Agenda Item VI Council Member Espino expressed appreciation to Tarrant County Regional Announcements Water District and members of the District 2 Advisory Council for conducting a very successful informational meeting on February 25, 2006. He also expressed appreciation to Mayor Moncrief and Council Members Davis, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 2 of 18 Burdette, and Haskin for attending the joint meeting with the Keller Independent School District on February 23, 2005. He stated that it was a great meeting and hoped that, as the City went forward, his fellow colleagues on the Council would join them in future joint meetings with other school boards as he felt it was important to have dialogue among different government entities, especially those that dealt with the education of school children. Council Member Espino announced that the Northside Town Hall Meeting would be held on March 23, 2006, at the Northside Community Center, at 6:30 p.m. and stated that representatives from City staff would be present to address questions about streets, Code Compliance, trash, and economic development, and invited everyone to attend. He reminded everyone that the last day for early voting for the March 7, 2006, primary was on March 3, 2006. Council Member Hicks stated that the District 8 meeting last night relative to gas drilling was very successful. She expressed appreciation to the City staff for their presentations and for educating everyone present. She stated that people needed to be educated on this subject and she looked forward to the task of moving around the public hearings in April and requested at least one of the meetings be held in south Fort Worth. She also acknowledged the passing of Mr. Gerald Shaw the District 8 representative on the Crime Control and Prevention District Board and asked that today's meeting be adjourned in his honor. Council Member Burdette announced that on February 22, 2006, he, Council Member Espino, and Jim Carter, Denton County Commissioner, met with Superintendent Rue and others from the Northwest Independent School District (NWISD) and took a lengthy bus tour of the area. He added that the NWISD encompassed over 250 square miles and much of it was in Fort Worth. He expressed appreciation to the school district for working so closely with the Fort Worth Fire Department to complete the plans for a permanent fire station on the NWISD High School campus on Route 114 just west of the Texas Motor Speedway. He stated that it was important for the City and the Council to recognize the role the school districts play with Fort Worth citizens as they provide a great service to the City. He requested that a joint meeting be planned with the NWISD to discuss future growth. Council Member Jordan stated that the Council was scheduled to meet with the Crowley ISD. He added that he meets with Greg Gibson, Superintendent, Crowley ISD, on a monthly basis to discuss joint ventures and stated that he would like his colleagues to see that school district as well. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 3 of 18 Mayor Moncrief exercised executive privilege and stated that citizen presentations would be heard at this time. Dave Camp Mr. Dave Camp, 4999 Rendon Road, President of the Fort Worth Marshals' Association, appeared before Council relative to renaming the Marshal's building after A.D. Marshall, deceased. He provided a chronology of Mr. Marshall's service to the City of Fort Worth which spanned 55 years. Mayor Moncrief advised Mr. Camp that the City of Fort Worth had a policy for the renaming of buildings. He stated that although the Council could not take action on this issue at this time, he asked that the Council think hard about this issue and urged them to give it favorable consideration. He also acknowledged the presence of Mrs. Becky Marshall in the audience. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Jordan, the Council voted eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1540 M&C OCS-1540 - 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-15095 M&C G-15095 —Recommending that the City Council: Ord. No. 16832- 02-2006 1. Authorize the City Manager to accept additional funds resulting from an Accept Funds for amendment to the Weatherization Assistance Program Grant from the Weatherization Texas Department of Housing and Community Affairs (TDHCA) in the Assistance amount of $71,824.00 for the period of April 1, 2005, through March Program 31, 2006, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 4 of 18 Item Amount Materials, Labor and Program Support $68,052.05 Program Administration $ 3,771.95 2. Adopt Appropriation Ordinance No. 16832-02-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $71,824.00 subject to execution of an amended contract with the Texas Department of Housing and Community Affairs for the purpose of funding additional weatherization assistance; 3. Authorize the City Manager to execute contracts reflecting the changes in funding and make any changes or amendments to the contracts in accordance with TDHCA and/or City of Fort Worth policies and regulations. P-10328 M&C P-10328 — Authorizing the purchase of one Trimble Robotic Total Trimble Robotic Station and two Global Positioning System receivers from Western Data Total Station and Systems for the Engineering Department, using the State of Texas Catalog Global Positioning Information Systems Vendors process for an amount not to exceed $89,651.90 System Receivers with freight included in unit price and payment due 30 days from receipt of invoice. P-10329 M&C P-10329 — Authorizing a purchase agreement for Hon Office Furniture Hon Office with Corporate Express for the City of Fort Worth based on best value with Furniture freight included in the unit price and payment due 30 days from receipt of invoice; authorizing this agreement to begin March 1, 2006, and expire February 28, 2007, with options to renew for four additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this award in accordance with the Texas Local Government Code, 271.102 "Cooperative Purchasing Program". P-10330 M&C P-10330 — Authorizing a sole source purchase of a Gas Chromatograph- Gas Mass Spectrophotometer and replacement parts from Agilent Technologies, Chromatograph— Inc., for the Police Department, Forensic Lab Division, for an amount not to Mass Spectro- exceed $84,867.68. There is no freight charge and payment is due 30 days Photometer from the date on invoice. P-10331 M&C P-10331 — Authorizing a sole source purchase of a Nicolet 4700 FT-IR Nicolet 4700 FT- spectrometer, accessories and on-site training from Thermo Electron IR Spectrometer, Corporation for the Police Department, Forensic Lab Division, for an amount Accessories and not to exceed $46,747.36. The shipping cost is included with payment due 30 On-Site Training days from the date of invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 5 of 18 C-21317 M&C C-21317 — Authorizing the City Manager to execute an engineering Dunaway agreement with Dunaway Associates, Inc., in the amount of $214,877.00 for Associates,Inc. intersection improvements at Hulen Street and I.H. 20 (City Project No. 00274). C-21318 M&C C-21318 — Authorizing the City Manager to enter into a license BNSF Railway agreement(25 year term)with the BNSF Railway Company for a 48-inch storm Company water drain to support the Trails of Fossil Creek Subdivision, Phase 2A, located at milepost marker 357.8 (DOE 5039-05-29434), for a one-time cost of $3,500.00, which includes a $1,000.00 charge for participation in the licensor's blanket insurance policy. The developer will pay all costs associated with this agreement and the City will incur no cost for this agreement. C-21319 M&C C-21319 — Approving the acceptance of one Encroachment Agreement Debartolo from Debartolo Eastchase, L.L.P., described as property located north of IH 30 Eastchase, L.L.P. and east of Eastchase Parkway in far east Fort Worth (DOE 5022). C-21320 M&C C-21320 — Executing a written consent to an assignment of unimproved Mr. Reed Pigman, ground leases by Mr. Reed Pigman, Jr., of all leasehold interests in City Jr., and Texas Jet, Secretary Contract (CSC) No. 9749 (Leasehold Site 18N) and CSC No. 9960 Inc., to Texas Jet (Leasehold Sites 23N, 24N and 36N) at Fort Worth Meacham International Partners, L.P. Airport, to Texas Jet Partners, L.P.; and executing a written consent to an assignment by Texas Jet, Inc., of all leasehold interests in CSC No. 11813 (Leasehold Sites 25N, 26N, 27N, 28N, 29N and 30N) at Fort Worth Meacham International Airport, to Texas Jet Partners, L.P. C-21321 M&C C-21321 — Authorizing the City Manager to reject the bid received for Reject Bids for the South Shore Waterline Improvements Part 4 and to re-advertise the project South Shore for bid at the earliest possible convenience. Waterline Improvements, Part 4 and Re- Advertise C-21322 M&C C-21322 — Authorizing the City Manager to execute a license agreement T-Mobile with T-Mobile for installation and operation of personal communications systems equipment on the Armstrong Water Tower located at 7400 Trail Lake Drive. C-21323 M&C C-21323 — Authorizing the City Manager to execute an Engineering C112M Hill Agreement with CH2M Hill for engineering services related to the Village Creek Wastewater Treatment Plant Facilities Assessment Study for a total not to exceed $379,700.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 6 of 18 The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Jordan, Presentations by that the following individuals be appointed and reappointed to the Human City Council Relations Commission effective February 28, 2006, and with terms expiring Appointments October 1, 2007: Appointed: Carlos Vasquez Place 5 Reappointed: Perry Roc Pack Place 1 Norma Esparza Place 3 Moujahed Bakhach Place 9 Richard L. Burnett Place 11 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-1541 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 March 21, 2006. OCS-1541 Res. No. 3314-02- Council Member Jordan made a motion, seconded by Council Member Espino, 2006 that Resolution No. 3314-02-2006 be adopted. The motion carried eight (8) Setting Regular ayes to zero (0) nays, with Council Member Wheatfall absent. Zoning Hearing Agenda Item XIII There was presented a resolution nominating Omni Fort Worth Partnership, Res. No. 3315-02- L.P. (Omni) and ATC Logistics & Electronics, L.P., as enterprise projects 2006 pursuant to the Texas Enterprise Zone Act, Chapter 2303, of the Texas Nominate Omni & Government Code. ATC Logistics & Electronics, L.P. Council Member Espino made a motion, seconded by Council Member Jordan, as Enterprise that Resolution No. 3315-02-2006 be adopted. The motion carried eight (8) Projects ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 7 of 18 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15096 There was presented Mayor and Council Communication No. G-15096 from Res. No. 3316-02- the City Manager recommending that the City Council adopt a resolution 2006 continuing abatement of ratemaking proceeding and approving extension and Abate Ratemaking modification of settlement agreement and agreement to resolve outstanding Proceeding and franchise issues between TXU Delivery Company and Steering Committee of Ratify Settlement Cities Served by TXU Electric Delivery Company. Agreement Between Steering Council Member Burdette made a motion, seconded by Council Member Committee of Haskin, that Mayor and Council Communication No. G-15096 be approved and Cities Served by Resolution No. 3316-02-2006 be adopted. The motion carried eight (8) ayes to TXU and TXU zero (0) nays, with Council Member Wheatfall absent. Electric Delivery Company G-15097 There was presented Mayor and Council Communication No. G-15097 from Ord. No. 16833- the City Manager recommending that the City Council authorize the 02-2006 disbursement of all HOME Program Income funds from years 2000 to 2005 for Allocate HOME HOME eligible expenses prior to requesting funds from the U.S. Treasury; Program Income approve the use of ten percent in HOME eligible Program Income to fund to Fund Housing Housing Department Administrative staff expenses; and adopt an appropriation Department ordinance increasing estimated receipts and appropriations in the Grants Fund Administrative in the amount of$1,037,833.50 from available funds for the purpose of funding Expenses and Housing Department Administrative staff expenses. Eligible Program Expenditures Council Member Espino made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15097 be approved and Appropriation Ordinance No. 16833-02-2006 be adopted. The motion carried eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15098 There was presented Mayor and Council Communication No. G-15098 from Ord. No. 16834- the City Manager recommending that the City Council accept a gift from the 02-2006 Fuller Foundation, Inc., in the amount of $83,576.00 for the purpose of Accept Gift for maintaining the Fuller Garden for a period of one year; and adopt an Funding appropriation ordinance increasing estimated receipts and appropriations in the Operational Costs Special Trust Fund in the amount of $83,576.00 from available funds, for the for Fuller Garden purpose of funding maintenance at Fuller Garden. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 8 of 18 Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15098 be approved and Appropriation Ordinance No. 16834-02-2006 be adopted with appreciation. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15099 There was presented Mayor and Council Communication No. G-15099 from Ord. No. 16835- the City Manager recommending that the City Council authorize the City 02-2006 Manager to accept a gift of $189,967.50 from the Fort Worth Garden Club, Accept Monetary Inc., for the purpose of funding for a period of one year, the salaries and Gift for Funding benefits of a Center Coordinator, an Administrative Technician, an Audio Botanic Garden Visual Specialist, a Senior Maintenance Worker position, and an SO1 Operations maintenance worker position at the Botanic Garden; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund, Botanic Garden Projects in the amount of $189,967.50 as donations are received from the Fort Worth Garden Club, Inc., for the purpose of funding positions at Fort Worth's Botanic Garden. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15099 be approved and Appropriation Ordinance No. 16835-02-2006 be adopted with appreciation. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15100 There was presented Mayor and Council Communication No. G-15100 from Res. No. 3317-02- the City Manager recommending that the City Council adopt a resolution 2006 approving the City of Fort Worth Policy, Guidelines and Procedures for Tax Establish City Increment Reinvestment Zones. Policy, Guidelines and Procedures Council Member Davis made a motion, seconded by Council Member Espino, for Tax Increment that Mayor and Council Communication No. G-15100 be approved and Reinvestment Resolution No. 3317-02-2006 be adopted. The motion carried eight (8) ayes to Zones zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 9 of 18 G-15101 There was presented Mayor and Council Communication No. G-15101 from Res. No. 3318-02- the City Manager recommending that the City Council adopt a resolution 2006 declaring the State Highway 121 Project in southwest Fort Worth as a Major Declare State Public Infrastructure Project as defined in the City of Fort Worth's Relocation Highway 121 Incentives Policy. Project in Southwest Fort Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, Worth as Major that Mayor and Council Communication No. G-15101 be approved and Public Resolution No. 3318-02-2006 be adopted. The motion carried eight (8) ayes to Infrastructure zero (0) nays, with Council Member Wheatfall absent. Project P-10332 There was presented Mayor and Council Communication No. P-10332 from the Cleanup and City Manager recommending that the City Council authorize a purchase Grounds agreement to provide cleanup and grounds maintenance of City alleys with Maintenance of New Era Contract Services for the Parks and Community Services Department City Alleys based on best value, with payments due 30 days from receipt of invoice; and authorize this agreement to begin March 7, 2006, and expire March 6, 2007, with options to renew for two additional one-year periods. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10332 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14168 authorize the conversion of Meadows West Park for the subsurface drilling and Continued Until extraction of natural gas from an off site location. Mayor Moncrief opened the March 28, 2006 public hearing and asked if there was anyone present desiring to be heard. Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14168, as follows: There was presented Mayor and Council Communication No. L-14168 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 10 of 18 City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Meadows West Park, located in the J. Rogers Survey, Abstract No. 1264, being Blocks 16 and 17, Meadows West Addition, Tarrant County, Texas. Mayor Pro tem Silcox stated that he and the Ridglea Country Club Estates, Bellaire Park North, and Meadows West neighborhoods found out about this issue late last week. He stated that he would like to conduct a community meeting with at least these three organizations to inform them of what the City was looking at as far as the placement of the drilling rig, the possible water use, and many other issues. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, that the public hearing be continued until March 28, 2006. The motion carried eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21324 There was presented Mayor and Council Communication No. C-21324 from the Tarrant County City Manager recommending that the City Council authorize the City Manager Hospital District to execute an agreement with Tarrant County Hospital District for participation in Tax Increment Reinvestment Zone Number 6, City of Fort Worth, Texas (Riverfront TIF). Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21324 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. (Mayor Pro tem Silcox stepped away from the dais.) C-21325 There was presented Mayor and Council Communication No. C-21325 from the Chadwick Farms, City Manager recommending that the City Council authorize the City Manager Ltd. to execute an amendment to the Community Facilities Agreement with Chadwick Farms, Ltd., to provide additional funding for the construction of the Cleveland-Gibbs Road Bridge over Elizabeth Creek. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21325 be approved. The motion carried seven (7) ayes to zero (0) nays, with Mayor Pro tem Silcox and Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 11 of 18 C-21326 There was presented Mayor and Council Communication No. C-21326 from the Presidio Hotel City Manager recommending that the City Council authorize the City Manager Fort Worth, L.P. to execute the Economic Development Program Agreement with Presidio Hotel Fort Worth, L.P., subject to non-material changes acceptable to both parties and their legal counsel; and find that the terms and conditions of the Agreement constitute a custom designed Economic Development Program, as provided in the 2006 Comprehensive Plan and in accordance with Chapter 380 of the Texas Local Government Code, and comprise an appropriate public incentive to encourage the redevelopment of the Plaza Hotel. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21326 be approved. The motion carried seven (7) ayes to zero (0) nays, with Mayor Pro tem Silcox and Council Member Wheatfall absent. C-21327 There was presented Mayor and Council Communication No. C-21327 from the Presidio Hotel City Manager recommending that the City Council authorize the City Manager Fort Worth, L.P. to execute a Room Block Agreement with Presidio Hotel Fort Worth, L.P., to provide event room blocks to potential Convention Center customers after the opening of a redeveloped hotel at 1701 Commerce Street, which is currently operating as the Plaza Hotel. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21327 be approved. The motion carried seven (7) ayes to zero (0) nays, with Mayor Pro tem Silcox and Council Member Wheatfall absent. C-21328 There was presented Mayor and Council Communication No. C-21328 from the Connie Arismendi City Manager recommending that the City Council authorize the City Manager to enter into an Artwork Commission Contract with Connie Arismendi for final design development, fabrication, delivery and installation consultation of the proposed, untitled light sculpture to enhance the new Rolling Hills Communications Tower, in an amount not to exceed $50,000.00. Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21328 be approved. The motion carried seven (7) ayes to zero (0) nays, with Mayor Pro tem Silcox and Council Member Wheatfall absent. Agenda Item XV It appeared that the City Council set today as the date for a public hearing on Public Hearing for implementing a proposed storm water utility rate. Mayor Moncrief opened the Storm Water public hearing and asked if there was anyone present desiring to be heard. Utility Rate CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 12 of 18 Mr. Robert Goode, Transportation/Public Works Department Director, appeared before Council and gave a staff report. He advised Council that a Mayor and Council Communication would be forth coming. He expressed appreciation to all the members of the Citizens' Advisory Group for all their work on this issue. He read the following statement into the record: At this public hearing and by passage of the ordinance establishing the drainage utility rates as published pursuant to the Texas Local Government Code Section 402.245(b)(1) through (3), the City Council makes the following findings and directs staff to: 1. Establish a schedule of drainage charges against all real property in the proposed service area subject to charge. 2. Provide a drainage service for all real property in the proposed area upon payment of drainage charges (except real property that is exempt from such charge(s); and 3. Offer drainage service on nondiscriminatory, reasonable, and equitable terms. Bobbie Shosty Ms. Bobbie Shosty, 3817 Birkdale Drive, appeared before Council in support of this issue. She provided a 2004 video that showed the severity of the flooding problem in the Arlington Heights area of the City. She expressed appreciation to the Council for addressing flooding in the City and giving citizens hope that there would be improvement. She also expressed appreciation for formation of the Storm Water Advisory Committee to brainstorm and problem solve this issue and for allowing them to work with City staff to find ways to fix the problem. She stated that the committee made recommendations and the Council listened which resulted in the proposed Storm Water Utility District. She added that although the City was receiving many negative comments from citizens who did not understand what was trying to be done to ensure it had a promising future, she hoped that the Council did not lose sight of the wonderful progress that had been made. (Mayor Pro tem Silcox returned to his chair at the dais.) Mayor Moncrief thanked Ms. Shosty for her willingness to come to the City and engage herself in the process. He stated that initially she did not know which direction to take, but she found a way to navigate through the government process. He added he hoped that through that experience she had been instilled with a confidence in the Council and City staff. He further stated that by putting in place this infrastructure piece, the Council was being responsible and thanked her for helping the Council to become better public servants. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 13 of 18 Mayor Pro tem Silcox also expressed appreciation to Ms. Shosty for bringing the video to the Infrastructure Committee meeting in 2004 to identify how extensive the problem was. He stated that City staff researched the problem and came back with an estimate of $550M need to fix known problems and it was at that time the Storm Water Utility Committee was put together. He added that the Storm Water Utility fee would only raise approximately $135M over five years; however, it was still a start to fix the problem. John Jones Mr. John P. Jones, 1616 Wilson Road, appeared before Council in support of this issue. He agreed that there were sewer and flooding problems, but disagreed with the method of financing the issue. He provided definitions of a "fee" and "taxes" and stated that 66 percent of his last water bill went for fees, which were not deductible from federal taxes. He added that he could not understand why citizens were going to pay a fee for this and not a tax. Mayor Moncrief responded by stating that regardless of how it was defined, it was the cost of trying to provide the necessary infrastructure that allowed individuals the quality of life that they have in the City. He added that it was something the City had to do if the City was going to be built responsibly. City Attorney Yett stated that City Services could be rolled into the general tax rate, but the basis behind the storm water rate here was to charge it based on the contribution to the problem. He added that if it were in the tax rate it might be a disproportionate burden being shared by the homeowners as opposed to the large commercial developments and businesses. He further stated that there were a lot of ways to do this; however, there was a legal basis for the way staff had recommended it be done. Council Member Burdette added his appreciation to Ms. Shosty for her work on this problem. He stated that this problem did not occur over night, it was simply a result of growth in the City. He added that he was pleased to see a list of projects that had been identified by the staff to begin working as soon as the money from the fees started to come in and that the Arlington Heights area was one of the top 20 projects on the list. He asked everyone to be patient with this process and advised that everyone in the City contributed to the problem no matter where they lived in the City. There was no formal action taken by Council on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 14 of 18 AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-213 It appeared that the City Council, at its meeting of January 10, 2006, continued Continued Until the hearing of the application of Harish D. Dand for a change in zoning of March 28, 2006 property located at 7950 Calmont Avenue, the 2700 block of Shenandoah Road and the 2600 block of Cherry Lane from "E" Neighborhood Commercial to "A- 5" One Family Residential, Zoning Docket No. ZC-05-213. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Silcox stated that he had spoken with Mr. Jim Schell, representative of the property owners, and they understood there was a problem with an encroachment to the air space at the military base. He added that he was asked to delay this zoning case until March 28, 2006 to give the owners the opportunity to do research to see if there were other uses than single family homes that could be built on the property without creating an encroachment issue. There being no one else present desiring to be heard in connection with the application of Harish D. Dand, Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-05-213 be continued until March 28, 2006. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Item XV Ms. Dot Henderson, 1709 Ridgmar Boulevard, appeared before Council in Citizen opposition to the proposed Ramada/Plaza tax incentives. She stated that Presentations although she missed the vote on the incentives for the Ramada/Plaza Hotel, she Dot Henderson wanted to express her opposition. She provided a letter expressing her view, which included a reduction in the number of years for various incentives to 10 years. She also requested that the Council inform the residents of the total amount of all tax incentives/grants in present day dollars and gross dollars to which the Council had obligated the citizens of Fort Worth. Council Member Jordan expressed appreciation to Ms. Henderson for her presentation and assured her that he made a pledge to the City of Fort Worth and District 6 that he would scrutinize very closely the numbers in every request received concerning an abatement. He added that one of the things the City had done poorly in the past was inform the public on the business aspect of the abatement issues and asked staff to provide her a copy of the document. He assured her that every one of the abatements he would vote for would have a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 15 of 18 return on investment to the citizens of Fort Worth and not the business enterprises involved. He further stated that in this particular case, the return on investment for an abatement of taxes on the improvement of this hotel which improved property value and business aspects to the citizens, was a 66 percent net return on investment to the citizens of Fort Worth on a tax increment basis, and this was a very good business undertaking for the City of Fort Worth. Mayor Pro tem Silcox responded to Ms. Henderson's inquiry on the incentives given to Acme Brick and stated that 32 years was a lengthy time; however, this was a different issue as the City of Fort Worth was not giving up any sales tax or property tax on this deal. He added that the rebates Acme would be receiving over the 32 years would come from outside of Fort Worth, and Fort Worth would collect every dollar of sales tax and property tax that would be generated because of Acme Brick's operation. Council Member Davis further clarified Council Member Jordan's comments with regard to the Plaza Hotel tax incentive agreement. She explained that there were no property tax abatements and no sales tax abatements, and right now that property was generating very little in the way of hotel sales tax or property taxes as it was in such a terrible condition. She stated the only way to help bring the renovation of that hotel about in a way that made financial sense for a private developer coming in and investing was through some kind of public/private partnership. That partnership was structured in such a way that it was only capturing hotel taxes that were brought forward as a result of increased hotel occupancy on the property. She added if increased hotel occupancy does not occur, that developer does not receive any additional incentives, and he will not get the rebate to the total of the amount of money that was being estimated as part of this agreement. Council Member Davis stated the City now collects nine percent of the cost of a hotel room and hotel occupancy taxes; seven percent of that can be returned to the property owner; two percent of it would go into that money needed to continue to expand and revitalize the convention center. Only two phases of the convention center have been completed and this would create a two percent hotel occupancy tax on rooms that are currently not being rented, so that was a new revenue source that the City did not have today as a result of this. She added the other thing that was very important was that property taxes would be collected on the new investment for this property and the private investment was $46M and unless that amount of investment was put into the property, it would not trigger the economic development agreement. Council Member Davis pointed out it actually helped to decrease the burden on property tax bills by virtue of creating a new property tax source elsewhere. It also was the case that this property was CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 16 of 18 in a Tax Increment Financing District and the property taxes that would be captured there would further help with the improvements on Lancaster. She stated all of the Council and City staff's work on these hotels was about helping to increase the revenue that the City was getting today and there had been a number of studies done in terms of how much money was made when non- citizens visit the City and eat in restaurants, shop in stores, and stay in hotels in terms of new tax dollars that were captured. She pointed out that this is a revenue source that the City was looking to build. She reiterated it was about building revenue, not giving away revenue. Council Member Davis added in terms of what Council Member Jordan was saying, there was a great deal of work that was done to make sure that the balance was struck in a way that was a tremendous positive net gain for the City's tax supporting community, not a negative gain. Ms. Henderson provided rebuttal by stating that the developer would be receiving seven cents on the dollar, which was very good, and was guaranteed that amount for 20 years until he gets his $21.5M. She added the tax rebates and abatements that had been given were way too generous. She further stated that Lancaster was being redeveloped and that was very good property to be owned and it could be developed in 20 years over some sort of good tax base. She viewed this as the City getting businesses quickly in place at the expense of taxpayers down the road. (Council Member Haskin stepped away from the dais and left the meeting). Mayor Moncrief stated that the Council had the responsibility to look at things from a larger perspective and not just ground level. The Council had the responsibility to try and increase the amount of quality hotel rooms to attract those larger conventions where people do come and spend a lot of money, which the Council felt was in the best interest of the City. The Council was taking advice and very careful evaluation of recommendations that were being brought to them and were not haphazardly approving everything that came down the pipe. He asked Ms. Henderson to meet with Tom Higgins, Economic Development Director, and obtain a copy of the document the Council received to evaluate this process. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:24 a.m. to: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 PAGE 17 of 18 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) In re: Texas Steel Partners, Inc., Bankruptcy Court of the Northern District, Case No. 02-49573; b) Legal issues concerning SH-121T (Southwest Parkway); c) Legal issues concerning the towing of vehicles for liability insurance violations; d) Legal issues concerning bond counsel contracts; e) Legal issues concerning jail service contracts; f) Legal issues concerning the regulation of gas drilling; g) Legal issues concerning D/FW Airport; h) Legal issues concerning the creation of a nonprofit development corporation under H.B. 2639 for the Trinity River Vision proj ect; i) 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 28,2006 PAGE 18 of 18 Reconvened The City Council reconvened into regular session at 12:30 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 12:30 p.m. in Adjournment honor of Mr. Gerald Shaw. These minutes approved by the Fort Worth City Council on the 7 1 day of March, 2006. Attest: Approved: 0 Marty 1-1 drix ichael Ymoncrief City Secretary Mayor