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
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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.
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MAY 30, 2006
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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.
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REGULAR CITY COUNCIL MEETING
MAY 30, 2006
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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
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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
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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
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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.
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MAY 30, 2006
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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
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MAY 30, 2006
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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
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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.
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MAY 30, 2006
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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.)
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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
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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.
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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
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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;
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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
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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