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HomeMy WebLinkAbout2006/02/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:16 a.m. on Tuesday, February 21, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Hicks temporarily absent. Agenda Item H The invocation was given by T. J. Patterson, Law Department. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox, Approval of the minutes of the regular meeting of February 14, 2006, were approved eight Minutes (8) ayes to zero (0) nays, with Council Member Hicks absent. (Council Member Hicks assumed her chair at the dais.) Agenda Item V Council Member Davis presented a Proclamation for The Cowtown Marathon Special Day to Dr. Bob Kaman, Chairman of the The Cowtown Board. Ms. Heidi Presentations Swartz, Executive Director of the Cowtown Marathon and Ms. Adelaide Leavens, Executive Director of Streams and Valleys, introduced other members from the Cowtown Marathon Planning Committee and provided a PowerPoint slide presentation on the marathon's impact to the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 2 of 16 Council Member Haskin presented a Proclamation for Severe Weather Awareness Week, to Mr. Keith Wells, Fort Worth-Tarrant County Office Emergency Management Officer. Agenda Item VI Council Member Espino announced that early voting started today for the Announcements March 7, 2006 primary and encouraged everyone to go out and exercise their democratic right to vote. He also announced that the District 2 Advisory Council would conduct a meeting on February 25, 2006, from 9:00 a.m. to 11:00 a.m. at the Tarrant County Regional Water District on Northside Drive. He stated that various subjects would be discussed to include a special presentation on the Trinity River Vision. Council Member Hicks announced that District 8 would conduct an informational meeting on natural gas drilling on February 27, 2006, at 6:00 p.m. at Pilgrim Valley Missionary Baptist Church on Riverside Drive. She added that Mr. Doug Rademaker, Director of the Engineering Department and other City staff would be present to respond to any inquiries. Mayor Pro tem Silcox cautioned any candidate running in the March 7, 2006 primary that it was against the law to place political signs on any City property, power poles, in street medians, City right-of-way, or other City property. He stated that he had received complaints from citizens on the signs and had advised City Sign Inspectors to pick up illegal signs and throw them away. Mayor Moncrief added that it was also against the law to place yard sale, garage sale, and real estate signs on City property. 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 Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1538 M&C OCS-1538 — from the Office of the City Secretary recommending that Liability Bonds the City Council authorize the acceptance of these liability bonds as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 3 of 16 PARKWAY CONTRACTOR INSURANCE COMPANY Advanced Construction Services,Inc. United Fire All-State Paving American States Insurance Company Amando Garza American States Insurance Company AMX Communications,Ltd. Travelers Casualty& Surety Company of America ASR Enterprises,Inc. SureTec Insurance Company Brewer Construction Western Surety Company Capform,Inc. Travelers Casualty&Surety Company of America Catarino Vasquez Western Surety Company Centennial Moisture Control,Inc. Employers Mutual Casualty Company Cheldan Homes,LP RLI Surety Division Chris's Concrete Western Surety Company D&D Concrete Western Surety Company Daniel Contreras RLI Surety Division DTW Enterprises Merchants Bonding Company EnCana Oil&Gas(USA),Inc. RLI Insurance Company Farias Concrete RLI Surety Division Freedom Bajito Reyes Western Surety Company Graves&Choate,Inc. Insurors Indemnity Company Greystone Concrete Construction RLI Surety Division Jack Cassel Construction Western Surety Company Jensen Commercial,Inc. Merchants Bonding Company Kaufman Company Merchants Bonding Company Kenneth Burkham State Farm Fire&Casualty Company Koster Commercial Construction,Inc. Hartford Casualty Insurance Company KWIK Industries,Inc. Old Republic Surety Company Mario Ramirez Western Surety Company Overly Pools&Masonry,Inc. Western Surety Company Preston Engineering Hartford Casualty Insurance Company Raymond Luna Merchants Bonding Company Reed's Remodeling Merchants Bonding Company Vector Builders,Ltd. Old Republic Surety Company OCS-1539 M&C OCS-1539 - 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-15088 M&C G-15088 — Authorizing the use of forfeited tax abatement application Ord. No. 16819- fees to support Central City redevelopment activities of the Economic and 02-2006 Community Development Department; recognizing $5,000.00 of the forfeited Use Forfeited Tax $15,000.00 tax abatement application fee from the Salubris Limited Partners Abatement tax abatement application escrow account as revenue; and adopting Application Fee Supplemental Appropriation Ordinance No. 16819-02-2006 increasing for Central City estimated receipts and appropriations in the General Fund in the amount of Redevelopment $5,000.00 from available funds, for the purpose of funding Central City Activities redevelopment activities of the Economic and Community Development Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 4 of 16 P-10322 M&C P-10322 — Authorizing a purchase agreement for paint preparation Paint Preparation supplies with PPG/Monarch Paint Company for the City of Fort Worth based Supplies on best value, with payment due 30 days from date of invoice; authorizing this agreement to begin February 21, 2006, and expire February 20, 2007, with options to renew for three additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance to the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10323 M&C P-10323 —Authorizing a purchase agreement for motorized crane service Motorized Crane with Louisiana Crane LLC, and Americrane LLC, for the City of Fort Worth Service based on best value. Payment is due 30 days from date the invoice is received; authorizing this agreement to begin February 21, 2006, and expire on February 20, 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 the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10324 M&C P-10324 — Authorizing a purchase agreement for hose and fittings with Hose and Fittings 4-Star Hose & Supply, Inc., for the City of Fort Worth based on best value. Payment is due 30 days from date the invoice is received; authorizing this agreement to begin February 24, 2006, and expire on February 23, 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 the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10325 M&C P-10325 — Authorizing the purchase of minor equipment from Longhorn, Minor Equipment Inc., and Lawn & Garden Warehouse for an amount not to exceed $30,205.00 with payments due 30 days from the date of invoice and freight at no charge. Vendors Categories Awarded Total Cost Line Items Longhorn, Inc. Category II/ 9-14 $11,278.12 Redmax Brand Lawn &Garden Warehouse Category I/ 1-4 and 7-8 $17,298.60 Stihl Brand Lawn &Garden Warehouse Category III/ 5 and 6 $ 1,628.28 Any name brand Grand Total $30,205.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 5 of 16 P-10326 M&C P-10326 — Authorizing a purchase agreement for programmable logic Programmable controllers software maintenance, upgrades, repair/replacement of hardware, Logic Controllers on-site support and training with GE Supply for the Water Department on the Software basis of documented sole source with payment due 30 days from the date of Maintenance, invoice; and authorizing this agreement to begin February 21, 2006, and expire Upgrades, Repair/ on February 20, 2007, with options to renew for four additional one-year Replacement of periods. Hardware P-10327 M&C P-10327 — Authorizing a purchase agreement with Verizon Wireless for Broadband Access Broadband Access Services for the Information Technology Solutions Services Department. PZ-2666 M&C PZ-2666 — Adopting Ordinance No. 16820-02-2006 vacating and Ord. No. 16820- extinguishing a 50-foot portion of a 16-foot wide alley situated adjacent to Lots 02-2006 9 and 11R in Block 27 of the Factory Place Addition, Tarrant County, Texas. Alley Vacation (VA-05-037) C-21303 M&C C-21303 — Authorizing the City Manager to execute a public right-of- BSG Pipeline, Ltd. way use agreement with BSG Pipeline, Ltd., that grants BSG 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-21304 M&C C-21304 — Authorizing the City Manager to enter into an Encroachment Royal Lane Agreement with Royal Lane Enterprises, Inc., authorizing use of the right-of- Enterprises, Inc. way for installation of a retaining wall on West Northside Drive at 1237 Lincoln Avenue. C-21305 M&C C-21305 —Recommending that the City Council: Ord. No. 16821- 02-2006 1. Adopt Appropriation Ordinance No. 16821-02-2006 increasing Ord. No. 16822- estimated receipts and appropriations in the Capital Projects Reserve 02-2006 Fund in the amount of$70,000.00 from available funds for the purpose The Staubach of funding a transfer to the Specially Funded Capital Projects Fund for Company— project management services for a Facilities Master Plan; Southwest, Inc. 2. Authorize the transfer of $70,000.00 from the Capital Project Reserve Fund to the Specially Funded Capital Projects Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 6 of 16 3. Adopt Appropriation Ordinance No. 16822-02-2006 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$70,000.00 from available funds for the purpose of funding project management services for a Facilities Master Plan; and 4. Authorize the execution of a contract with The Staubach Company — Southwest, Inc., in the amount of $50,000.00 for project management services associated with a Facilities Master Plan/City Hall evaluation. C-21306 M&C C-21306 — Approving the acceptance of one Storm Water Facility Debartolo Maintenance Agreement from Debartolo Eastchase, L.L.P., for property located Eastchase, L.L.P. north of IH-30 and east of Eastchase Parkway in far east Fort Worth (DOE 5022). C-21307 M&C C-21307 — Rescinding the award of contract to EWI Testing & Ellerbee Walczak, Geotechnical Engineering, Inc.; and authorizing the City Manager to execute a Inc. contract with Ellerbee Walczak, Inc., for geotechnical and construction materials testing for various developer-initiated construction projects, for a one year contract with two one-year renewal options with an annual fee not to exceed $200,000.00 for each agreement. C-21308 M&C C-21308 — Authorizing the execution of one Storm Water Facility Meadow Lakes Maintenance Agreement from Meadow Lakes L.P., for property located in L.P. northwest Fort Worth (DOE 4501). C-21309 M&C C-21309 — Authorizing the City Manager to execute a Lease Agreement Vernon Ray with Vernon Ray Gatlin, an individual, for T-Hangar Unit 24S-1 and T-Hangar Gatlin Office B at Fort Worth Meacham International Airport. C-21310 M&C C-21310 — Authorizing the City Manager to execute Amendment No. 2 Amendment No. 2 to the engineering agreement with Freese & Nichols, Inc., for the program to Engineering management of the Eagle Mountain Water Treatment Plant Expansion, in the Agreement— amount of $419,156.00, thereby increasing the amount of the contract from Freese & Nichols, $749,983.00 to $1,169,139.00. Inc. C-21311 M&C C-21311 — Authorizing the City Manager to enter into an Encroachment XTO Energy, Inc. Agreement with XTO Energy, Inc., authorizing use of an existing City pipeline easement along Robertson Road for placement of an underground 10" gas line. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 7 of 16 Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution expressing support for the Fort Worth Police Res. No. 3313-02- Academy and the training functions that occur at the Academy. 2006 Support for Fort Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, Worth Police that Resolution No. 3313-02-2006 be adopted. The motion carried unanimously Academy and nine (9) ayes to zero (0) nays. Training Agenda Item XIV There was presented an ordinance amending Ordinance No. 16780-01-2006 and Ord. No. 16823- 16802-01-2006 ordering a special election to be held in the City of Fort Worth 02-2006 on May 13, 2006, for the purpose of electing a City Council member for Amend Ord. Nos. District 4 to serve the remainder of an unexpired term to add additional early 16780-01-2006 and voting locations and change and add additional voting day locations. 16802-01-2006 Ordering Special Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, Election on May that Ordinance No. 16823-02-2006 be adopted. The motion carried 13, 2006 unanimously nine (9) ayes to zero (0) nays. Ord. No. 16824- There was presented an ordinance amending Ordinance No. 16797-01-2006 02-2006 ordering a special election in the City of Fort Worth, Texas, to be held on Amend Ord. No. Saturday, May 13, 2006, for the purpose of submitting to the qualified voters of 16797-01-2006 said City, for adoption or rejection, proposed amendments to the existing Ordering Special Charter of the City of Fort Worth to add additional early voting locations and Election on May change and add additional voting day locations. 13, 2006, for Charter Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, Amendment that Ordinance No. 16824-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Wheatfall requested that, in the future, changes or additions made to the election ordinances be reflected through annotations in the margins or in some other manner. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 8 of 16 AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15089 There was presented Mayor and Council Communication No. G-15089 from Settlement of the City Manager recommending that the City Council authorize the payment of Claim by $46,008.48 to settle a claim by Armando and Ruth Recinos for water damage to Armando and their home at 5512 Wedgmont Circle North related to a water main break; and Ruth Recinos authorize the appropriate personnel to execute all documents to complete the settlement. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15089 be approved with appreciation to the staff. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15090 There was presented Mayor and Council Communication No. G-15090 from Ord. No. 16825- the City Manager recommending that the City Council approve an ordinance 02-2006 adopting the City of Fort Worth 2006 Comprehensive Plan; analyzing 2006 population, economic and financial trends; describing municipal services and Comprehensive facilities; describing economic and technological issues affecting development; Plan describing implementation tools; dividing the City into 16 planning sectors; providing maps describing proposed future land uses and recommended land use policies for each sector; establishing goals and recommended policies. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15090 be approved and Ordinance No. 16825-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15091 There was presented Mayor and Council Communication No. G-15091 from Ord. No. 16826- the City Manager recommending that the City Council authorize the City 02-2006 Manager to accept $18,000.00 in cash sponsorships for the 2006 Clean Air Fair; Accept authorize the City Manager to accept donated services sponsorships valued at Sponsorship for $30,200.00; and adopt an appropriation ordinance increasing estimated receipts Clean Air Fair and appropriations in the Environmental Management Project Fund in the Event amount of$18,000.00 from available funds, for the purpose of funding the 2006 Clean Air Fair. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15091 be approved and Appropriation Ordinance No. 16826-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 9 of 16 G-15092 There was presented Mayor and Council Communication No. G-15092 from Reallocate Year the City Manager recommending that the City Council approve the reallocation XXXI CDBG of $25,000.00 from Community Development Block Grant (CDBG) Year Unprogrammed XXXI Unprogrammed Funds as funding to increase security at the Southside Funds to Increase Community Center. Security at Southside Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, Community that Mayor and Council Communication No. G-15092 be approved with Center appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15093 There was presented Mayor and Council Communication No. G-15093 from Ord. No. 16827- the City Manager recommending that the City Council authorize the City 02-2006 Manager to execute Amendment No. 4 to the Sponsored Research Agreement Amendment No. 4 (City Secretary No. 27878) with the University of Texas at Arlington in order to CSC No. 27878 to fund Year Three and Year Four of the five-year Ripley Arnold Relocation —University of Study in an amount not to exceed $116,817.00; and adopt a supplemental Texas at Arlington appropriation ordinance increasing appropriations in the General Fund in the amount of $96,817.00 and decreasing the unreserved, undesignated General Fund balance by the same amount, for the purpose of fully funding Year Three and Four of the five-year Ripley Arnold Relocation Study. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15093 be approved and Supplemental Appropriation Ordinance No. 16827-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15094 There was presented Mayor and Council Communication No. G-15094 from Ord. No. 16828- the City Manager recommending that the City Council adopt an ordinance 02-2006 amending Ordinance No. 7323, as previously amended, to revise the exterior Revise Exterior boundaries of Council Districts 2, 3 and 7 to coincide with the current corporate Boundaries of boundaries of the City; and approve amendment of the Singlemember District Council District 2, Map to reflect annexations and boundary adjustments in Council Districts 2, 3 3 and 7 and and 7. Amend Singlemember Assistant City Attorney Cynthia Garcia advised the Council that the ordinance District Map placed all new annexations in their correct District. She also stated that two corrections were to be made; Section 1, page 2, all references should be to Council District 2, and on Section 2, page 31, all references should be to District 3. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 10 of 16 Council Member Wheatfall inquired if population increases were a result of the boundaries. He also asked staff to provide a report on increases as a result of the City's annexation programs to singlemember districts in terms of population mix. City Attorney Yett stated that staff would provide a report to the Council on this issue. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15094 be approved and Ordinance No. 16828-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14166 There was presented Mayor and Council Communication No. L-14166 from the Ord. No. 16829- City Manager recommending that the City Council: 02-2006 Purchase of Excess 1. Authorize a non-interest bearing interfund loan from the General Fund Right-of-Way to the Specially Funded Capital Projects Fund in the amount of $736,000.00 for the interim financing for the purchase of the excess right-of-way at the Southeast corner of Main and Lancaster Streets from the Texas Department of Transportation (TxDOT) for the Lancaster Corridor Redevelopment project pending the receipt of funds from the eventual sale of this property; 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$736,000.00 from available funds for the purpose of funding the purchase of excess right-of-way at the southeast corner of Main and Lancaster from the Texas Department of Transportation for the Lancaster Corridor Redevelopment project; and 3. Authorize the purchase of the excess right-of-way at the southeast corner of Main and Lancaster Streets from TxDOT for the Lancaster Corridor Redevelopment project. Council Member Hicks asked if the City was buying this property from TxDOT and then selling it. Assistant City Manager Dale Fisseler stated that the intent was to purchase the property from TxDOT and then reconfigure the property as a result of a neeed for easements for utilities, and then sell back either all or a portion of the property to the adjacent developer. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 11 of 16 Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L-14166 be approved and Appropriation Ordinance No. 16829-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14167 authorize the conversion of River Trails III Park for the subsurface drilling and Convert River extraction of natural gas from an off site location. Mayor Moncrief opened the Trails III Park for public hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Extraction of Services Department, appeared before Council, gave a staff report and called Natural Gas attention to Mayor and Council Communication No. L-14167, as follows: There was presented Mayor and Council Communication No. L-14167 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 Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in River Trails III Park, being a 4.503 acre tract located in the J.W. Sansom Survey, Abstract No. 1387, Tarrant County, Texas. There being no one else present desiring to be heard in connection with the public hearing, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. L-14167 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21312 There was presented Mayor and Council Communication No. C-21312 from the Mental Health City Manager recommending that the City Council: Housing Development 1. Allocate $228,000.00 in HOME Community Housing Development Corporation Organization funding for the Mental Health Housing Development Corporation (MHHDC), for Predevelopment and Operating Expenses associated with the multi-family rehabilitation of 32 units of affordable rental housing for special needs clients at Hanratty Place; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 12 of 16 2. Authorize the City Manager or his designee to execute a contract with MHHDC for the project, with a two-year performance period beginning on the date of the execution of the contract; 3. Authorize the City Manager or his designee to extend or renew the contract for up to one year if MflHDC requests an extension and such extension is necessary for the completion of the project; and 4. Authorize the City Manager or his designee 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 all applicable laws and regulations governing use of federal grant funds. Mayor Moncrief recommended that the subject of the M&C be amended to include "...Quality..." before"...Affordable...". Council Member Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21312 be approved as amended and with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21313 There was presented Mayor and Council Communication No. C-21313 from the Sierra Vista, L.P., City Manager recommending that the City Council approve a five-year a Texas Limited Municipal Property Tax Abatement for 235 properties owned by Sierra Vista, Partnership, and L.P., and located in the Rolling Hills Neighborhood Empowerment Zone HMH Lifestyles, (NEZ); find that the statements set forth in the recitals of the Tax Abatement L.P., a Texas Agreement with Sierra Vista, L.P., a Texas Limited Partnership, and HMH Limited Lifestyles, L.P., a Texas Limited Partnership, are true and correct; and Partnership authorize the City Manager to enter into a Tax Abatement Agreement with Sierra Vista, L.P., and HMH Lifestyles, L.P., for the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21313 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21314 There was presented Mayor and Council Communication No. C-21314 from the Cleburne Utility City Manager recommending that the City Council authorize the City Manager Construction, Inc. to execute a contract with Cleburne Utility Construction, Inc., in the amount of $2,060,923.50 for Medical District Water Distribution System Improvements, Part 2 (City Project No. 00247). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 13 of 16 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21314 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21315 There was presented Mayor and Council Communication No. C-21315 from the Ord. No. 16830- City Manager recommending that the City Council: 02-2006 Stabile & Winn, 1. Authorize the transfer of $823,027.00 from the Water and Sewer Inc. Operating Fund to the Water Capital Projects Fund in the amount of $471,418.00 and the Sewer Capital Projects Fund in the amount of $351,609.00; 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $471,418.00 and the Sewer Capital Projects Fund in the amount of $351,609.00 from available funds for the purpose of funding a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer replacement on 011ie Street (Martin Street to Pioneer Street), Bundy Street(Rodeo Street to Pecos Street), Pioneer Street (Old Mansfield Road to Wichita Street) and Lucinda Lane (Pecos Street to Ray Alvin Street); and 3. Authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,939,334.50 for pavement reconstruction and water and sanitary sewer replacement on 011ie Street (Martin Street to Pioneer Street), Bundy Street (Rodeo Street to Pecos Street), Pioneer Street (Old Mansfield Road to Wichita Street) and Lucinda Lane (Pecos Street to Ray Alvin Street) (City Project No. 00026). Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21315 be approved and Appropriation Ordinance No. 16830-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21316 There was presented Mayor and Council Communication No. C-21316 from the Ord. No. 16831- City Manager recommending that the City Council: 02-2006 Eagle 1. Approve the transfer of $124,170.00 ($118,170.00 plus $6,000.00 Construction and contingency) from undesignated funds in the Environmental Environmental Operating Fund to the Southside Service Center Cleanup Project Services, L.P. within the Environmental Management Project Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 14 of 16 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $124,170.00 from available funds, for the purpose of funding a contract with Eagle Construction and Environmental Services, L.P., for soil remediation activities needed for a fuel spill at the Southside Service Center; and 3. Authorize the City Manager to execute a contract with Eagle Construction and Environmental Services, L.P., for soil remediation activities needed for a fuel leak at the Southside Service Center, 4100 Columbus Trail. The contract not to exceed amount is $118,170.00. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21316 be approved and Ordinance No. 16831-02-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVI—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on February 3, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. SP-06-003 There being no one present desiring to be heard in connection with the Approved application of the City of Fort Worth for a site plan to amend "PD-558" to change the layout configuration and to exclude 1.56 acres of the Gracia Parcel for property located 2222 West Rosedale Street, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that Zoning Docket No. SP-06-003 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XVII Mr. Jim Scoma, 136 Chisholm Trail, Crowley, Texas, appeared before Council Citizen relative to the City naming a street in honor of his father. He provided Presentations background on this issue and requested that the City honor their promise and Jim Scoma rename Sunnyhill to Scoma. Council Member Davis stated that she took full responsibility for this mishap and stated that she would work with Mr. John Garfield in the Development Department to see if this issue could be remedied. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 15 of 16 Francisco Mr. Francisco Hernandez, 2108 Alston Avenue, appeared before Council Hernandez relative to his inability to dispose of trash left at a rental home of an evicted tenant. He stated that he was the landlord of this property but that personnel at the City's Environmental Collection Center would not accept the trash from him since he did not reside on the property. City Attorney Yett stated that he would meet with Mr. Hernandez and obtain more information to resolve the issue. Mr. Hernandez also advised the Council of a problem with individuals dumping out the trash bags in the solid waste carts and then stealing the trash bags. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:03 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the Charter cable liquidated damages claim; b) Legal issues concerning the disclosure requirements of Chapter 176 of the Local Government Code; c) Legal issues concerning jail service contracts; d) Legal issues concerning the regulation of gas drilling; e) Legal issues regarding Rodney Connally v. E.C. Pate, M.E. Anderson, B.C. Burns, Sgt. Blanchard Cause No. 4-04-cv-845- A; f) Legal issues concerning Zoning Case No. ZC-05-213; g) Legal issues concerning the Employees' Retirement Fund; h) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2006 PAGE 16 of 16 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:05 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 1:05 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 28th day of February, 2006. Attest: Approved: Marty Hen x Michael J. oncr' f City Secretary Mayor