Loading...
HomeMy WebLinkAbout2006/05/30-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Becky Haskin, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Council Member Elect Danny Scarth, District 4 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 10:39 a.m. on Tuesday, May 30, 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. Tim K. Bruster, First United Methodist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Haskin, the minutes of the regular meeting of May 23, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Marty Hendrix, City Secretary, advised the City Council that the official Res. No. 3353-05- manual recount of the Special Election for Council Member District 4 held on 2006 May 13, 2006, was completed on May 26, 2006. The returns of the recount Canvas Results of were reported by the Recount Chairman and Recount Committee to the Recount Recount of Ballots Supervisor/City Secretary and the Tarrant County Elections Administrator. for District 4 Special Election CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 2 of 23 There was presented a resolution canvassing results of recount of ballots for City Council Member District 4 Special Election held on May 13, 2006, revising the canvass of the returns and the declaration of the results for the special election, as follows: RECOUNT-COUNCIL MEMBER DISTRICT 4 CANDIDATE EARLY VOTING ELECTION DAY TOTAL VOTES DANNY SCARTH 560 612 1,172 LOUIS A.MCBEE 468 646 1,114 Council Member Davis made a motion, seconded by Council Member Jordan, that Resolution No. 3353-05-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item VI Mayor Moncrief presented a Certificate of Election to Council Member Elect Presentation of Daniel Scarth. Certificate of Election Agenda Item VII Council Member Haskin expressed appreciation to her family for their support Remarks and during her 13 year tenure on the City Council. She also thanked her colleagues Introductions by on the Council for being part of a team that worked so well together. She Council Member pointed out that zoning issues were the most important part of the job as a Becky Haskin member of the City Council and stated that she wished she could have finished working on the Woodhaven Plan, tree preservation ordinance, and sign ordinance. She congratulated Council Member Elect Danny Scarth on his victory and stated that his family would give him a lot of support. She also expressed appreciation to her Council Aide, Jackie McCarthy, for her work over the previous eight years. Agenda Item VIII Council Member Davis presented Council Member Haskin with a rocking chair Presentation from in recognition of her service to the City. Council Member Davis summarized City Council & Council Member Haskin's achievements during her tenure and the changes she Others to Council had initiated to the landscaping, billboard, fence, big box, tree preservation, lot Member Becky size, sidewalk, and sign ordinances, as well as the park dedication policy. She Haskin also noted Council Member Haskin's involvement with the City's dog park, Fort Woof. She presented Council Member Haskin with copies of the ordinances she initiated in an engraved leather box and a serving bowl from the City Council members and added that her passion was for the quality of life for all Fort Worth citizens. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 3 of 23 Other members of the Council expressed their appreciation for Council Member Haskin's passion and dedication and recognized her as being a fierce advocate for various programs. They stated they admired her zeal and strength and for not always taking the easy road on issues she supported. They also credited her with the reference in keeping the City "Clean, Safe, and Green" and acknowledged her sacrifice to her business, work, and family to serve the City of Fort Worth. Brenda Wise Ms. Brenda Wise, 1412 Carson Street, expressed appreciation to Council Member Haskin for being a champion of all the causes in the Garden of Eden neighborhood and presented her with a certificate of appreciation from the neighborhood association. She also recognized Council Member Haskin's contributions towards their neighborhood receiving Grand Prize and First Place honors for Neighborhood of the Year for Social Revitalization-Single Neighborhood, during the Neighborhood, USA Annual Conference in Kansas City, Missouri. Mayor Moncrief stated that "tenacity" and "determination" described Council Member Haskin and that she had never been afraid to tackle controversial issues. He expressed appreciation for the many sacrifices she had made to serve on the City Council and added that she had balanced her commitments very well during her tenure. (Council Member Haskin stepped away from the dais at this time and Council Member Elect Daniel Scarth assumed her place at the dais.) Agenda Item IX City Secretary Hendrix administered the Oath of Office to Council Member Administration of Elect Daniel Scarth. Oaths of Office to Council Member Elect District 4 Agenda Item X Council Member Scarth expressed appreciation to former Council Member Remarks & Haskin for her hard work and dedication to the City of Fort Worth. He stated Introductions by that he looked forward to serving his neighborhood and the City and that he Council Member was very grateful to have been voted to serve on the Council. District 4 Other members of the Council congratulated Council Member Scarth on his being elected to serve on the Council and that they appreciated the diversity and perspective he brought to the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 4 of 23 Council Member Silcox acknowledged Council Member Scarth's father, Dale Scarth, in the audience and stated that he used to be employed by Mr. Scarth. Mayor Moncrief acknowledged former Mayor Kenneth Barr in the audience. Agenda Item XI Council Member Espino presented a Proclamation for Fort Worth Special Homeownership Month, to Ms. Cynthia Leon, Regional Director of the U.S. Presentations Housing and Urban Development (HUD). She acknowledged the contributions of Mr. Jerome Walker, Housing Department Director, Ms. Bea Cura, Assistant Housing Department Director, Mr. Jason Hall, Fannie Mae Fort Worth-Dallas Partnership Office, and members from her staff, Ms. Sheila Gray and Mr. Nick Ramon. She also announced that a Housing Summit would be held in Fort Worth on June 15, 2006, and that Mr. Bryant Montgomery, Assistant Secretary of HUD would attend. Mayor Pro tem Hicks presented a Certificate of Recognition to Mr. James Moore, representing Kelly-Moore Paint Company for their annual support and help in the City's Cowtown Brush Up Program. Agenda Item XII Council Member Espino expressed appreciation to Fort Worth Sister Cities Announcements International for conducting a very successful visit to Toluca, Mexico. He stated that he, Mayor Pro tem Hicks and Council Member Wheatfall were part of the contingent who represented the City of Fort Worth and commended the staff at Sister Cities and Fort Worth International Center for their efforts. He added that the people of Toluca were friendly and they had an opportunity to visit some of the historical sites such as Teotihuacan, which was built 2,200 years ago. He announced that the Council would conduct a joint meeting with the Crowley Independent School District on June 1, 2006, at 6:00 p.m., but due to a scheduling conflict within his district, he would not be present. He stated that he would be conducting a Town Hall meeting for citizens in Far North Fort Worth that same evening starting at 6:30 p.m. at the Texas Motor Speedway's 9th floor and encouraged all Far North Fort Worth residents to attend. Council Member Wheatfall also commended Fort Worth Sister Cities International for the successful visit to Toluca, Mexico. He added that the contingent learned of many programs afforded Hispanic citizens of Fort Worth that they were not aware existed. He added that he watched with great pride as Council Member Espino sat at the Council Chamber of the City Hall of Toluca representing the City with dignity and respect, and that it was breathtaking to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 5 of 23 watch an event where an immigrant who served on the Fort Worth City Council, go back to his home country and show them what the American dream was all about. (Council Member Espino stepped away from the dais.) Agenda Item XIII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from P-10396 be withdrawn from the consent agenda. Consent Agenda (Council Member Espino returned to his chair at the dais.) Agenda Item XIV There were no items continued or withdrawn by staff. Continued/ Withdrawn By Staff Agenda Item XV Upon a motion made by Council Member 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 amended as follows: OCS-1558 M&C OCS-1558 - 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-15218 M&C G-15218 - Adopting Ordinance No. 16963-05-2006 amending Section 1 Ord. No. 16963- of Ordinance No. 16956-05-2006 to correct Utilities Code Citations. 05-2006 Amend Section 1 of Ord. No. 16956- 05-2006 to Correct Utilities Code Citations G-15219 M&C G-15219 - Declaring the necessity to acquire the three properties located Acquire Properties in Denton County and in the Extraterritorial Jurisdiction of the City of Fort for Use in Worth owned by Calvin B. Peterson and Omas Lewayne Peterson (Parcel 11), Relocation and James Maxwell Judge and wife, Calva Ann Peterson Judge (Parcel 13), and Related Calvin B. and Mayna N. Peterson, as Trustees of the Peterson Family Trust, Construction of (parcel 12) (Subject Parcels) described in the P.M. Smith Survey, Abstract No. FM156 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 6 of 23 1170 for use in the relocation and related construction of FM156, a highway dedicated to public use; and authorizing Carter & Burgess, and any agent or sub-agent designated by Carter & Burgess, to negotiate an agreement with the landowners for the City to acquire the subject parcels for use in the relocation and related construction of FM156, a highway dedicated to public use. P-10393 M&C P-10393 - Authorizing a purchase agreement with Educational Catering, Lunch and Snack Incorporated, to provide lunch and snack meals for the summer food program Meals for Summer for the Parks and Community Services Department based on best value meeting Food Program specifications with payment due 30 days after receipt of invoice; and authorizing this agreement to begin June 5, 2006, and expire August 11, 2006. P-10394 M&C P-10394 - Authorizing a sole source purchase of software upgrade Software Upgrade support, add-on modules and licenses from WinCan America, Inc., for the Support,Add-On Water Department for an amount not to exceed $43,000.00, with payment due Modules and 30 days from date of invoice. Licenses P-10395 M&C P-10395 - Authorizing the purchase of an HVAC system and installation HVAC System and with Trane through The Cooperative Purchasing Network for the Water Installation Department for an amount not to exceed $35,565.00, with payment due 30 days from date of invoice. L-14198 M&C L-14198 - Approving the sale of surplus tax foreclosure properties in Sale of Surplus accordance with Section 272.001 of the Texas Local Government Code for a Tax Foreclosure total of $162,222.00; and authorizing the City Manager to execute the Properties appropriate deeds conveying the properties to the highest bidder complying with bid specifications. L-14199 M&C L-14199 - Approving the acquisition of three acres of vacant land Acquire Vacant described as a portion of Lot 1, Block 1, Northwest Independent School Land for Fire District, Denton County, Texas, from Northwest Independent School District Station No. 11 located in north Fort Worth for the construction of Fire Station No. 11 (DOE 5218); finding that the price offered in the amount of$65,000.00 plus estimated closing cost of $2,000.00 is just compensation; and authorizing the acceptance and recording of appropriate instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 7 of 23 PZ-2681 M&C PZ-2681 - Adopting Ordinance No. 16964-05-2006 amending Ordinance Ord. No. 16964- No. 16894-04-2006 to reflect the lot and block information for Zoning Case 05-2006 Nos. ZC-06-030 located at 1158 Evans Avenue, ZC-06-031 located at 2713 Correct Ord. No. Canberra Court, ZC-06-043 located at 5529 Van Natta Lane, ZC-06-047 16894-04-2006 to located at 308 South Adams Street, and ZC-06-060 located at 3302 Bright Reflect Correct Street. Lot and Block Information for ZC-06-030, 031, 043, 047 and 060 C-21470 M&C C-21470 - Authorizing the City Manager to enter into an Encroachment Texas Christian Agreement with Texas Christian University, authorizing use of the right-of-way University for installation of a private storm drive within the 2900 block of Stadium Drive and Highview Drive. C-21471 M&C C-21471 - Authorizing the City Manager to enter into an Encroachment Texas Christian Agreement with Texas Christian University, authorizing use of the right-of-way University for installation of two chilled water lines across West Bowie Street just west of Lubbock Street. C-21472 M&C C-21472 - Authorizing the City Manager to enter into an Encroachment Texas Christian Agreement with Texas Christian University, authorizing use of the right-of-way University for installation of two chilled water lines across the 3000 block of Stadium Drive. C-21473 M&C C-21473 - Authorizing the City Manager to execute the renewal of the Texas Department agreement with the Texas Department of Transportation for use of State owned of Transportation right-of-way for employee parking located at the intersection of West Lancaster and Taylor Street for a term of three years at a sum of$3,450.00 per year. C-21474 M&C C-21474 - Authorizing the City Manager to execute Amendment No. 3 to Ord. No. 16965- City Secretary Contract No. 30629 with the Texas Commission on 05-2006 Environmental Quality for the operation of local air pollution monitors, Amendment No. 3 extending the contract time through August 31, 2006, and increasing the not to to CSC No. 30629 exceed amount from $520,800.00 to $576,300.00; and adopting Appropriation - Texas Ordinance No. 16965-05-2006 increasing estimated receipts and appropriations Commission on in the Grants Fund in the amount of $55,500.00 subject to receipt of executed Environmental Amendment No. 3 to City Secretary Contract No. 30629 with the Texas Quality Commission on Environmental Quality for the purpose of funding the extension of the contract term to August 31, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 8 of 23 C-21475 M&C C-21475 - Authorizing the City Manager to enter into an Interlocal Tarrant Regional Agreement with the Tarrant Regional Water District relating to cooperation in Water District the construction of the City of Fort Worth Eagle Mountain Lake Raw Water Conveyance System and the Tarrant Regional Water District Eagle Mountain Connection Project. C-21476 M&C C-21476 - Authorizing the City Manager execute an amended contract Ord. No. 16966- with the Texas Department of Housing and Community Affairs to accept up to 05-2006 $1,500,000.00 in additional funds, thereby increasing the 2006 Comprehensive Amend Texas Energy Assistance Program allocation from $1,600,000.00 to $3,100,000.00; Department of and adopting Appropriation Ordinance No. 16966-05-2006 increasing Housing and estimated receipts and appropriations in the Grants Fund in the amount of Community $1,500,000.00 subject to execution of the amended contract with the Texas Affairs Contract Department of Housing and Community Affairs for the purpose of funding an increase to the Comprehensive Energy Assistance Program. The motion carried. End of Consent Agenda. Agenda Item XVI Council Member Burdette made a motion, seconded by Council Member Davis, Presentations by that Ms. Carter Ann Birdwell and Ms. Raisha Lidell be appointed to the Youth City Council Advisory Board effective May 30, 2006. The motion carried unanimously nine Appointments (9) ayes and zero (0) nays. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Ms. Johanna Bonner McCully be appointed to the Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment effective May 30, 2006, and with a term expiring October 1, 2006. The motion carried unanimously nine (9) ayes and zero (0) nays. Agenda Item XVII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIX There was presented a resolution appointing Council Member Jungus Jordan to Res. No. 3354-05- serve as the City of Fort Worth Representative At-Large on the Texas 2006 Municipal League (TML) Board of Directors, with a term beginning May 30, Appoint Council 2006. Member Jungus Jordan to TML Council Member Burdette made a motion, seconded by Council Member Board of Directors Wheatfall, that Resolution No. 3354-05-2006 be adopted. The motion carried unanimously nine (9) ayes and zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 9 of 23 Res. No. 3355-05- There was presented a resolution supporting the Trinity River Vision Project. 2006 Support Trinity Council Member Jordan made a motion, seconded by Council Member River Vision Wheatfall, that Resolution No. 3355-05-2006 be adopted. Project Council Member Espino stated that he wanted to stress how important the Minority/Women Business Enterprise (M/WBE) component was on this project and several other projects in the City and along the river. He asked Assistant City Manager Joe Paniagua to brief the Council on this issue. Mr. Paniagua stated that this resolution was a reaffirmation by the Council of their support of the project so the project could be lobbied in conjunction with the City's congressional representatives in Washington, DC to get money to do the project. He suggested that staff come back with a second resolution that specifically addressed the M/WBE participation in this project and that the focus be to urge the Tarrant Regional Water District (TRWD) to adopt an M/WBE policy, as well as urging the Corps of Engineers to set goals for this proj ect. Council Member Hicks inquired if staff could provide a resolution relative to the TRWD developing an M/WBE policy as early as the June 6, 2006, Council meeting. Assistant City Manager Paniagua stated that staff could provide the resolution on June 6, 2006. (Mayor Pro tem Hicks stepped away from the dais.) Council Member Wheatfall stated that just as the City had to lobby Washington, the Council had to lobby their constituents and that funding did not mean anything without community and public support. He added that one of the caveats was that with a project as large as this one, the Council had to go to their constituents in the minority community to say that this project benefited not only a few, but all of Fort Worth. Council Member Jordan amended his motion, and Council Member Wheatfall amended his second, that the resolution be amended to include a provision that a resolution addressing M/WBE policy will be provided to the Council on June 6, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 10 of 23 Council Member Davis stated that an important part of developing that policy or resolution would revolve around the communication with other taxing entities that were partnering on this project. She added that whatever was stated in the resolution needed to be done with cooperation and communication of the other partners. She further stated that the City of Fort Worth would not be contracting to do a lot of the work and the City would not have authority to do anything about M/WBE participation and other entities would. She added that the Corps of Engineers already operated under Federal M/WBE policies, but that she was not sure if TRWD or some of the other taxing jurisdictions had adopted M/WBE policies and that the City's resolution might voice support for that kind of cooperation. City Manager Boswell stated that he had been assured by the Executive Director of the TRWD that they would adopt the City's goals for the contracts that would be let on this project. Council Member Silcox stated that he did not support the Trinity River Vision, especially the Trinity Uptown project because of the cost and protection needed for the property owners who own businesses in this area and would have to relocate. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks absent and Council Member Silcox casting the descending vote. Res. No. 3356-05- There was presented a resolution of the City Council of the City of Fort Worth, 2006 Texas, canceling and changing various dates of the regularly scheduled City Cancel and Council meetings for the months of June, July, August, November and Change Various December 2006, as follows: Dates of Regularly Scheduled City 1. The City Council meeting of Tuesday, June 27, 2006, at 10:00 a.m., is Council Meetings hereby canceled. for June, July, August, November 2. The City Council meeting of Tuesday, July 4, 2006, at 7:00 p.m., is and December hereby canceled. 2006 3. The City Council meeting of Tuesday, August 1, 2006, at 7:00 p.m., is hereby changed to Thursday, August 3, 2006. 4. The City Council meeting of Tuesday, November 21, 2006, at 10:00 a.m., is hereby canceled. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 11 of 23 5. The City Council meeting of Tuesday, December 5, 2006, at 7:00 p.m., is hereby canceled. 6. The City Council meeting of Tuesday, December 26, 2006, at 10:00 a.m., is hereby canceled. Council Member Jordan made a motion, seconded by Council Member Burdette, that Resolution No. 3356-05-2006 be adopted. The motion carried unanimously eight (8) ayes and zero (0) nays, with Mayor Pro tem Hicks absent. AGENDA ITEM XX—REPORT OF THE CITY MANAGER G-15209 There was presented Mayor and Council Communication No. G-15209, dated Ord. No. 16967- May 23, 2006, from the City Manager recommending that the City Council 05-2006 adopt an ordinance amending Ordinance No. 13543, as amended by Ordinance Amend Ord. Nos. Nos. 13672, 13673, 13674, 13842 and 15862, codified as Chapter 2, Article VI, 13672, 13673, Division 1 entitled "Employees' Retirement Fund", of the Code of the City of 13674, 13842 and Fort Worth (1986), as amended, which ordinances establish a retirement 15862, Codified as system, retirement plan and benefits thereunder for employees of the City of Chapter 2,Article Fort Worth; amending the definition of earnings to include weekly workers VI, Division 1 of compensation earnings; providing for the City's payment on behalf of the City Code members contributions where weekly workers compensation and benefits are paid. (Mayor Pro tem Hicks returned to her chair at the dais.) Council Member Jordan made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15209 be approved and Ordinance No. 16967-05-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Wheatfall stepped away from the dais.) G-15210 There was presented Mayor and Council Communication No. G-15210, dated Ord. No. 16968- May 23, 2006, from the City Manager recommending that the City Council 05-2006 approve the settlement agreement between the City of Fort Worth and the Settlement Employees' Retirement Fund of the City of Fort Worth regarding a dispute over Between City and the meaning and intent of Section 504.051 of the Texas Labor Code, and Employees' provide a payment of $2,800,000.00; adopt an ordinance increasing estimated Retirement Fund receipts and appropriations in the Risk Management Fund in the amount of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 12 of 23 Regarding Dispute $1,000,000.00 and decreasing the unreserved, undesignated fund balance by the Over Meaning and same amount, for the purpose of funding a settlement between the City of Fort Intent of Section Worth and the Employees' Retirement Fund of the City of Fort Worth; and 504-051 of Texas approve the payment of $2,800,000.00 to the Fund in three installments, Labor Code without interest, as follows: (i) The first installation in the amount of $1,000,000.00 will be paid on or before the 60th day following the full execution of this Agreement; (ii) the second installment in the amount of $1,000,000.00 will be paid 12 months after the first installment is paid; and (iii) the third installment in the amount of$800,000.00 will be paid not later than 24 months after the first of these three installment payments are paid. Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15210 be approved and Appropriation Ordinance No. 16968-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15213 There was presented Mayor and Council Communication No. G-15213, dated Continued Until May 23, 2006, from the City Manager recommending that the City Council June 13, 2006 adopt a resolution providing that the City of Fort Worth elects to be eligible to participate in tax abatement pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, Sections 312.001 through 312.211 as amended; and establish a Tax Abatement Policy, including guidelines and criteria, governing property tax abatements for the City of Fort Worth. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15213 be continued for two weeks to the June 13, 2006, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15220 There was presented Mayor and Council Communication No. G-15220 from Ord. No. 16969- the City Manager recommending that the City Council adopt an ordinance 05-2006 amending Chapter 2, Article VI, Division 1, entitled "Employees Retirement Res. No. 3357-05- Fund", of the Code of the City of Fort Worth (1986), as amended, amending 2006 Section 2-214 to increase the number of Board of Directors of the Employees' Amend Chapter 2, Retirement Fund of the City of Fort Worth to 13 directors by adding two Section 2-214, additional directors to be appointed by City Council; and adopt a resolution Article VI, appointing Council Member Jungus Jordan to Place 12 and John Stevenson to Division 1 of City Place 13 on the Board of Directors of the Employees' Retirement Fund of the Code City of Fort Worth to serve a term beginning May 30, 2006, and ending September 30, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 13 of 23 Carol Eicher Ms. Carol Eicher, 1766 Oak Hill Road, appeared before Council and expressed concern with the composition of the retirement board. She stated that the board needed to be diverse as the present composition comprised of ten men and one woman who were all white. (Council Member Wheatfall returned to his chair at the dais.) Mayor Pro tem Hicks stated that this issue was discussed in the Pre-Council Worksession and that she supported Council Member Jordan and former Council Member Mr. John Stevenson being appointed to the board. She added that she shared the concerns about the diversity and makeup of the retirement board and that she would push to see the diversity increased on that body. Council Member Espino stated that Ms. Eicher had brought up a very valid issue about diversity in the City and that he would be advocating that more candidates that were diverse be approached to serve on the board to accurately reflect the diversity of the City. Council Member Wheatfall asked that staff provide an informal report on the process of how board members were appointed to this board and the criteria for serving on the board. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15520 be approved and Ordinance No. 16969-05-2006 and Resolution No. 3357-05-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15221 There was presented Mayor and Council Communication No. G-15221 from Verify Historic the City Manager recommending that the City Council approve the application Site Tax for verification of the Historic Site Tax Exemption on the land for the Exemption at 221 rehabilitation of the Highly Significant Endangered structure located at 221 West Lancaster West Lancaster Avenue, known as the T&P Terminal. Avenue Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15221 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 14 of 23 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15222 adopt a resolution supporting the application of Houston Street Acquisitions, Res. No. 3358-05- LP, for a Municipal Setting Designation for property located at 505 North 2006 Houston Street, to the Texas Commission on Environmental Quality, and adopt Ord. No. 16970- an ordinance prohibiting the potable use of designated groundwater from 05-2006 beneath the site. Mayor Moncrief opened the public hearing and asked if there Support was anyone present desiring to be heard. Application for Municipal Setting Ms. Kathryn Hansen, Regulatory/Environmental Coordinator for the Designation for Environmental Management Department, appeared before Council, gave a staff 505 North report and called attention to Mayor and Council Communication No. G-15222, Houston Street as follows: There was presented Mayor and Council Communication No. G-15222 from the City Manager recommending that the City Council conduct a public hearing on the application of Houston Street Acquisitions, LP, for approval of a Municipal Setting Designation for the property located at 505 North Houston Street, an approximately 1.576-acre tract, more fully described as Block 8, Lots B, C, D, and E, North Fort Worth, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of Houston Street Acquisitions to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 505 North Houston Street, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV, "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 3, designating CFW-MSD-0003, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0003, providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. Council Member Espino clarified with the City staff that the property owner still had to comply with all applicable environmental laws on the site and there had been no public opposition to the Municipal Setting Designation process. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. G-15222 be approved and Resolution No. 3358-05-2006 and Ordinance No. 16970-05-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 15 of 23 P-10396 There was presented Mayor and Council Communication No. P-10396 from the Ord. No. 16971- City Manager recommending that the City Council authorize: 05-2006 Fire Apparatus 1. Adopt Appropriation Ordinance No. 16971-05-2006 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $843,837.00 to be obtained through the City's Equipment Note program approved by City Council on February 9, 1999 (M&C G-12462) by Ordinance No. 13701 for the purpose of funding two fire apparatus from the Houston Galveston Area Council Contracts with Emergency Vehicles of Texas and Metro Fire Apparatus Specialist for the Fire Department; and Qty. &Description Extended Total HGAC JC14 Emergency Vehicles of Texas 1 ea. General Safety, 1500 GPM Pumper $526,900.00 HGAC TE02 Metro Fire Apparatus Specialist 1 ea. US Tanker, 3000 Gallon Tanker $316,937.00 Total $843,837.00 2. The purchase of new fire apparatus from the Houston Galveston Area Council (HGAC) Contracts with Emergency Vehicles of Texas and ATC American LaFrance for the Fire Department for a cost not to exceed $843,837.00 with payment due within 30 days of the invoice date and freight is included in the unit price. City Manager Boswell stated that paragraph 2 of the Recommendation Section needed to be amended to delete "ATC American LaFrance" and replace it with "Metro Fire Apparatus Specialist". Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. P-10396 be approved and Ordinance No. 16971-05-2006 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-14200 authorize the conversion of 1.06 acres of Cobb Park for use as a pipeline to Continued Until transport natural gas and authorize execution of a license agreement with West June 20, 2006 Fork Pipeline Company. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Espino stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 16 of 23 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-14200, as follows: There was presented Mayor and Council Communication No. L-14200 from the City Manager recommending that the City Council: 1. 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; 2. Find that no feasible or prudent alternative exists for providing the needed conversion of Cobb Park; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to Cobb Park; 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for use as a natural gas pipeline to be placed in a 2318.60 linear feet of land situated in Cobb Park, S.B Hopkins Survey, Abstract No. 669 and the J. Huie Survey, Abstract No. 799, Tarrant County, Texas; 5. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park improvements at a value equal to or greater than the assessed $97,381.60 License Agreement fee; and 6. Authorize the acceptance of park facility improvements valued at $97,381.60 in-lieu-of the assessed License Agreement fee. Mayor Pro tem Hicks stated that she attended the Rolling Hills Neighborhood Association meeting a few weekends ago and they expressed concern with this issue. She added that she also needed to have some discussion with staff and suggested that staff meet the United Communities Association. There being no one present desiring to be heard in connection with the public hearing, Council Member Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14200 be continued until June 20, 2006. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 17 of 23 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14201 authorize conversion of Prairie Dog Park for the subsurface drilling and Continued Until extraction of natural gas from an off site location. Mayor Moncrief opened the June 20, 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-14201, as follows: (Council Member Espino returned to his chair at the dais.) There was presented Mayor and Council Communication No. L-14201 from the City Manager recommending that the City Council: 1. 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; 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. 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 Prairie Dog Park, a 19.56-acre tract and a 20- acre tract out of the M. J. Brittain Survey, Abstract No. 104, Tarrant County, Texas. Council Member Wheatfall stated that he would like to meet with staff to discuss the Minority/Women Business Enterprise component. He added that he thought this was the first time a park in District 5 had been converted and wanted to ensure that the neighborhood was comfortable with the conversion. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Council Member Sicox, that Mayor and Council Communication No. L-14201 be continued until June 20, 2006. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 18 of 23 PZ-2682 There was presented Mayor and Council Communication No. PZ-2682 from the Ord. No. 16972- City Manager recommending that the City Council adopt an ordinance vacating 05-2006 and extinguishing a portion of Dashwood Street from Lipscomb Street, west to Street Vacation the middle of Block 5, Fields Welch Addition, an addition to the City of Fort (VA-06-011) Worth; and authorize the waiver of purchase fee of $11,960.00 and the application fee for the vacation of a portion of Dashwood Street. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2682 be approved and Ordinance No. 16972-05-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21477 There was presented Mayor and Council Communication No. C-21477 from the Alta Ridglea City Manager recommending that the City Council approve a Tax Abatement Village, L.P., and Assignment between Alta Ridglea Village L.P. and CFH Realty IV/Ridglea CFH Realty Village, L.P. for the remaining term of Alta Ridglea's original Tax Abatement; IV/Ridglea find that the statements set forth in the recitals of the Assignment of Tax Village, L.P. Abatement Agreement between Alta Ridglea Village L.P. and CFH Realty IV/Ridglea Village, L.P. are true and correct; and authorize the City Manager to enter into an Assignment of Tax Abatement Agreement between Alta Ridglea Village L.P., CFH Realty IV/Ridglea Village, L.P., and the City of Fort Worth for the property at 3601 Westridge Avenue, Lot 1R, Block 1, Ridglea Apts Addition, a 252 unit multi-family apartment complex, in accordance with paragraph 5 of the tax abatement agreement. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21477 be denied. Council Member Davis stated it was her understanding that this was a tax abatement agreement that was already created and this was an assignment from the person who was the recipient of the agreement to the new owner of the property. Mr. Jerome Walker, Housing Department Director, stated this was a continuation of the assignment of the existing tax abatement agreement. He added that staff had met with the assuming entity and they understood the requirements under the five year abatement. Council Member Davis stated she recalled the discussion on this tax abatement on whether it would be a five year abatement or a ten year and also discussion on the use of M/WBE supply and services, contractors, and employment. She asked if the requirements had been met. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 19 of 23 Mr. Walker stated that all requirements had been met under the contract, conditions that were required, as well as a good faith effort in hiring residents. He added that they had provided the affordable component as well as a part of the arrangement of the tax abatement agreement. Council Member Davis stated that Council Member Burdette was not a member of the Council when this was approved originally and although it was in Council Member Silcox's district, it bordered District 7. Council Member Burdette stated that this was also a partial creation of the Neighborhood Empowerment Zone (NEZ) for the area which included a good part of the Como neighborhood area. He asked Mr. Walker that if the Council did not approve this assignment, would it jeopardize the continuation of the development. Mr. Walker stated that most likely it would jeopardize the sale of property as the tax abatement was very important component to the purchasers of the property. Council Member Davis made a substitute motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21477 be approved. Council Member Jordan inquired if tax credits or state tax bonds were involved in the funding of this issue and if so, do they transfer as well under the state rules. Mr. Walker responded that no state tax credits or bond financing were involved in this project. He added that this was a private market transaction that benefited from NEZ incentives. Council Member Davis provided a brief history of this tax abatement agreement for the newer members of the Council who were not sitting on the Council when it was approved. Council Member Jordan asked for Mr. Walker's opinion if Council's failure to support the continued abatement, affected the maintenance of this facility and the continued effective management of the facility. Mr. Walker responded affirmatively and stated that the abatement was critical in the operation of the project and generating the appropriate cash flow for maintenance and management of the project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 20 of 23 Council Member Burdette stated that the Council had approved the tax abatement agreement and the obligations that were imposed on the developer. He added that he assumed that agreement also allowed for an assignment so long as the assignee conformed with the original agreement. He further stated that if the Council did not approve the assignment, the Council was reneging on the agreement that was originally made. Council Member Silcox called for the question, seconded by Council Member Davis. The motion carried unanimously nine (9) ayes to zero (0) nays. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. C-21478 There was presented Mayor and Council Communication No. C-21478 from the Maria Del Carmen City Manager recommending that the City Council approve a five-year Rivera Municipal Property Tax Abatement for a property located at 4905 Garden Lane owned by Maria Del Carmen Rivera in the Stop Six Neighborhood Empowerment Zone (NEZ); find that the statements set forth in the recitals of the Tax Abatement Agreement with Maria Del Carmen Rivera are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Maria Del Carmen Rivera, for the property at 4905 Garden Lane in the Stop Six Neighborhood Empowerment Zone in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21478 be approved with the staff s assurance that the City had tied the abatement to the use and the construction. The motion carried unanimously eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. C-21479 There was presented Mayor and Council Communication No. C-21479 from the Res. No. 3359-05- City Manager recommending that the City Council authorize the City Manager 2006 or a designee to execute a Consent Resolution consenting to the creation of City Create Municipal of Fort Worth Municipal Utility District No. 2 of Tarrant County ("Haywire Utility District No. Ranch"), and to certain road projects within the District, and the annexation of 2 for First Phase land into the District, and authorizing the City Manager to execute the of Haywire Ranch "Agreement Concerning Creation and Operation of the City of Fort Worth Development Municipal Utility District No. 2 of Tarrant County" for Phase 1 of the Haywire Ranch Development; authorize the City Manager or a designee to execute a Consent Agreement for Municipal Utility District No. 2 of Tarrant County ("Haywire Ranch"); authorize the City Manager or a designee to execute a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 21 of 23 Development Agreement between the City and Wynne/Jackson; authorize the City Manager or a designee to execute a Utility Agreement between the City and Wynne/Jackson; and authorize the City Manager to bring forth the Strategic Partnership Agreement for approval after the formation of the Municipal Utility District. City Attorney Yett stated that paragraph 6, The Strategic Partnership Agreement, of the Discussion section of the M&C needed to be amended by deleting the phrase "...until the completion of construction of the water, sanitary sewer, drainage and road facilities that serves 90 percent of the development;..." and by attaching a revised Consent Resolution that changed "...5.385-acre..." to "...5.461 acres..." in the last recital on page 1. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-21479 be approved and Resolution No. 3359-05-2006 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Wheatfall stepped away from the dais and did not return.) C-21480 There was presented Mayor and Council Communication No. C-21480 from the Amend Restated City Manager recommending that the City Council approve the Amendment to Interlocal the Restated Interlocal Cooperative Agreement with the Area Metropolitan Cooperative Ambulance Authority for Ambulance Services. Agreement-Area Metropolitan Council Member Jordan made a motion, seconded by Council Member Espino, Ambulance that Mayor and Council Communication No. C-21480 be approved. The Authority motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21481 There was presented Mayor and Council Communication No. C-21481 from the Ord. No. 16973- City Manager recommending that the City Council: 05-2006 Fort Worth 1. Authorize the City Manager to execute a Grant Administration Contract Business (the Contract) with the Fort Worth Business Assistance Center (the Assistance Center BAC), to receive and administer grant funds from the U.S. Small Business Administration and awarded to the BAC to operate the Fort Worth Women's Business Center(WBC); 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$265,386.00, subject to receipt of a grant from the U.S. Small Business Administration for the purpose of operating the Fort Worth Women's Business Center; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 30, 2006 PAGE 22 of 23 3. Authorize the transfer of $14,303.00 from the WBC's budget in the General Fund to the Grants Fund as partial match for the grant; 4. Authorize the use of $68,390.00 from the BAC allocation in the Community Development Block Grant fund as partial match for the grant; 5. Authorize the transfer of$50,000.00 to the Grants Fund from those City Allocated Funds received from the University of North Texas Health Science Center pursuant to a special item appropriation from the State of Texas in accordance with City Secretary Contract No. 32474 and that are budgeted therein for "Business Assistance Services" for Tech Fort Worth and the WBC; 6. Apply direct costs associated with grant accounting services as identified in the Contract. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-21481 be approved and Appropriation Ordinance No. 16973-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Item XXI Mayor Moncrief recognized Mr. Joe Don Brandon, 1415 East Lancaster, who Citizen wished to appear before Council relative to criminal activity on Lancaster, but Presentations was not present in the Council Chamber. Joe Don Brandon Council Member Espino extended well wishes to Council Member Wheatfall who would celebrate his 30th birthday on June 2, 2006. Agenda Item XXII It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:29 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 claim filed by Janet and Angelo Allums; CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MAY 30,2006 PAGE 23 of 23 b) Legal issues concerning the Southwest Parkway(S.H. 121T); c) Legal issues concerning red light traffic enforcement; d) Legal issues concerning DFW Airport; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:26 p.m. Agenda Item XVII There being no further business,the meeting was adjourned at 1:26 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 6h day of June, 2006. Attest: Approved: Marty Hend Michael J. oncrief City Secretary Mayor