Loading...
HomeMy WebLinkAbout2006/05/23-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 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 Absent Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:25 a.m. on Tuesday, May 23, 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 Reverend Johnny Caster, Sagamore Hills Baptist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of May 16, 2006, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Mayor Moncrief announced that there were no special presentations to be made Special at this time. Presentations Agenda Item VI Mayor Pro tem Hicks announced that she attended an event where she Announcements presented certificates to all of the first time homeowners, who completed the class from the Near Southeast Community Development Council. She also CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 2 of 22 stated there would be a Police Forum held tonight at 7:00 p.m. at First St. John Baptist Church at 2401 E. Berry Street, and invited all interested to come out and participate. Council Member Espino expressed appreciation to the citizens of the Riverside Community for their support this past Saturday during the Workshop. Mayor Moncrief announced that the Colonial Golf Tournament was a tremendous success and that the visitors in town were contributing a good deal of money to the City's economy, and stated that they were very complimentary of the City. He also stated that there was a major Bass Tournament in town and stated that they were fishing at Eagle Mountain Lake and Lake Benbrook. He further stated that the television game show "Wheel of Fortune" was in town this past week. He ended his comments with the announcement that Former Senator Lloyd Bentsen passed this morning and that the City Council would adjourn its meeting in his honor. Agenda Item VII City Manager Boswell stated that there were no items to be withdrawn from the Withdrawn from consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell stated that there were no items to be continued or Continued/ withdrawn by staff. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted eight (8) ayes to zero (0) nays, with Council Member Davis absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS - 1556 M&C OCS-1556 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 3 of 22 G-15204 M&C G-15204 - Authorizing the City Manager to transfer $250,000.00 from Ord. No. 16950- the FY 2006 Risk Management Fund, to the Specially Funded Capital Projects 05-2006 Fund to cover the commercial property insurance deductible for damage Transfer Revenue sustained to City property resulting from wind damage the first week of May, to Cover 2006; and adopting Appropriation Ordinance No. 16950-05-2006 increasing Commercial estimated receipts and appropriations in the Specially Funded Capital Projects Property Fund in the amount of $250,000.00 from available funds for the purpose of Insurance funding to cover the commercial property insurance deductible for damage Deductible for sustained to City property resulting from wind damage the first week of May, Damage Sustained 2006. at Various City Properties G-15205 M&C G-15205 - Authorizing the City Manager to accept a Buffer Zone Ord. No. 16951- Protection Program Grant in the amount of $197,513.00 for equipment to 05-2006 support prevention and preparedness efforts in four areas identified as Buffer Accept Buffer Zones for Critical Infrastructure; authorizing the City Manager to accept a Zone Protection Buffer Zone Protection Program Grant in the amount of $49,503.00 for Program Grants equipment to support prevention and preparedness efforts in a fifth area that has been identified as a Buffer Zone for Critical Infrastructure; and adopting Appropriation Ordinance No. 16951-05-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $247,016.00, subject to receipt of the Buffer Zone Protection Grant from the Department of Homeland Security's Office of Domestic Preparedness, for the purpose of funding equipment to support prevention and preparedness efforts in a fifth area that has been identified as a Buffer Zone for Critical Infrastructure. G-15206 M&C G-15206 - Authorizing the City Manager to accept the Bill and Melinda Ord. No. 16952- Gates Foundation grant to upgrade public access computers for the Library 05-2006 Department in the amount of $69,000.00; authorizing the City Manager to Accept Grant to execute a grant agreement with the Bill and Melinda Gates Foundation relating Upgrade Public to such grant; and adopting Appropriation Ordinance No. 16952-05-2006 Access Computers increasing estimated receipts and appropriations in the Special Trust Fund in for Library the amount of $69,000.00 subject to receipt of the Public Access Computer Department Hardware Upgrade Grant from the Bill and Melinda Gates Foundation for the purpose of funding the leases for new public access computers at Central, Butler Outreach and Cavile Outreach Libraries. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 4 of 22 P-10385 M&C P-10385 - Authorizing the purchase of new Regenerative Air Sweeper, Regenerative Air utilizing a Houston Galveston Area Council contract with Tymco International Sweeper LTD for the Aviation Department for a cost not to exceed $124,857.05, with payment due 30 days from the invoice date. Freight is included in the unit price. P-10386 M&C P-10386 - Authorizing a purchase agreement for grass seed and sod with Grass Seed & Sod Turfgrass America d/b/a Thomas Grass for the City of Fort Worth based on best value with payment due 30 days from date of invoice; authorizing this agreement to begin May 23, 2006, and expire May 22, 2007; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10387 M&C P-10387 - Authorizing the sole source purchase of two Cues Closed Cues Closed Circuit Television Cameras and two Ultra Short 21 Transporters from Renfro Circuit Television Equipment and Supplies for the Water Department based on sole source Cameras and supplier cost not to exceed $53,386.00 with payment due 30 days after receipt Ultra Short 21 of invoice. Transporters P-10388 M&C P-10388 - Authorizing a sole source purchase agreement for maintenance Maintenance of of the Computer Aided Dispatch System for the Information Technology Computer Aided Solutions Department from Compudyne Public Safety & Justice, Inc., for an Dispatch System estimated amount of $142,003.00 based on the documented sole source, with Software payments due 30 days from invoice date; and authorizing this agreement to begin May 23, 2006, and expire September 30, 2006, with options to renew for four additional one-year periods. P-10389 M&C P-10389 - Authorizing the purchase of new police mobile storefronts Police Mobile utilizing General Services Administration (GSA) contract with Metro Fire Storefronts Apparatus Specialist for the Police Department as listed below for a cost not to exceed $381,984.00 with payment due 30 days from the invoice date. Freight is included in the unit price. Oty. & Description Unit Price Extended Total GSA GS30F0008N 2 each Police mobile storefronts $190,992.00 $381,984.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 5 of 22 P-10390 M&C P-10390 — Authorizing a purchase with Comsys Services, LLC, for Consulting consulting services to assist in the migration of the Content Management Services Software for the Information Technology Solutions Department for a cost not to exceed $525,000.00. P-10391 M&C P-10391 — Authorizing an amendment to purchase agreement with Mainframe Cornerstone Systems for mainframe programming services at an estimated cost Computer of$65,890.00 for the Information Technology Solutions Department. Programming Services L-14193 M&C L-14193 - Approving the purchase of the property located at 8506 Marks Purchase Property Lane, Lakeland Addition, Tarrant County, Texas, from Becky Lindley for a at 8506 Marks cost of $90,000.00 plus closing costs estimated at $5,000.00; and authorizing Lane the City Manager to execute the appropriate closing documents to complete the purchase. L-14194 M&C L-14194 - Authorizing the sale of tax foreclosed property described as Sale of Tax Lot 31 and the northeast corner of CI Street, Worth Hills Addition (1117 East Foreclosed Morphy Street), in accordance with Section 34.05 of the Texas State Property Property Tax Code to Linda Hines for a total amount of $2,043.00; and authorizing the City Manager to execute and record the appropriate document conveying the property to complete the sale. L-14195 M&C L-14195 - Approving the acceptance of one special warranty deed for Special Warranty property described as a portion of the R. Gangara Survey, Abstract No. 563, Deed Tarrant County, Texas, from Steven S. Robson for the construction of an offsite water booster pump station to serve the Lago Vista at Bonds Ranch Subdivision located on Bonds Ranch Road, south and west of Highway 287 in far northwest Fort Worth. L-14196 M&C L-14196 - Approving the sale of various surplus tax foreclosure Sale of Surplus properties, in accordance with Section 272.001 of the Texas Local Government Tax Foreclosed Code for a total of $212,726.91; and authorizing the City Manager to execute Properties the appropriate deeds conveying the properties to the high bidder complying with the bid specifications. C-21463 M&C C-21463 - Authorizing the City Manager to extend the contract between Tarrant County Tarrant County Concessions, L.L.C., d/b/a Aramark Corporation and the City Concessions, of Fort Worth, to provide exclusive concession and alcoholic beverage services L.L.C., d/b/a at the Fort Worth Convention Center for a period of one year with two one-year Aramark extensions to expire six months after the opening of the Omni Fort Worth Corporation Hotel. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 6 of 22 C-21464 M&C C-21464 - Authorizing the transfer of $179,966.00 from the Water and Ord. No. 16953- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 05-2006 $128,824.00 and Sewer Capital Projects Fund in the amount of $51,142.00; Baird, Hampton & adopting Appropriation Ordinance No. 16953-05-2006 increasing estimated Brown, Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of $128,824.00 and the Sewer Capital Projects Fund in the amount of $51,142.00 from available funds for the purpose of funding an engineering agreement with Baird, Hampton & Brown, Inc., for Water and Sanitary Sewer Replacement Contract 2005 WSM-I; and authorizing the City Manager to execute an Engineering Agreement with Baird, Hampton & Brown, Inc., in the amount of $151,836.00 for Water and Sanitary Sewer Replacement Contract, 2005 WSM- I. C-21465 M&C C-21465 - Authorizing a ten year lease renewal of the lease agreement Lake Worth with the Lake Worth Sailing Club for Lake Worth lease property located at Sailing Club 4064 Peninsula Club Circle, Lot 5, Block 19, Lake Worth Lease Survey for an annual lease rate of$13,040.00. C-21466 M&C C-21466 - Authorizing the City Manager to apply for and accept a grant Ord. No. 16954- for the Interlibrary Loan Program in the amount of$417,242.00 from the Texas 05-2006 State Library and Archives Commission and the U.S. Department of Education; Grant from Texas authorizing the City Manager to execute a grant agreement with the Texas State State Library and Library and Archives Commission relating to such grant; adopting Archives Appropriation Ordinance No. 16954-05-2006 increasing estimated receipts and Commission and appropriations in the Grants Fund in the amount of $417,242.00, subject to U.S. Department receipt of the grant from the U.S. Department of Education and the Texas State of Education for Library and Archives Commission, for the purpose of funding the Interlibrary Interlibrary Loan Loan Program; applying indirect costs using the most recently approved Program indirect cost rate of 23.0 percent for the Library Department; and authorizing a non-interest bearing loan from the General Fund to the Grants Fund in the amount of $104,310.00 for the interim financing of this grant pending contract execution to provide for a smooth transition from one grant funding period to the next. The motion carried. End of Consent Agenda. Agenda Item X Council Member Silcox made a motion, seconded by Council Member Presentations by Burdette, that Robert West be appointed to Place 3 on the Board of Adjustment City Council and the Fort Worth Alliance Airport Board of Adjustment, with an effective date of May 23, 2006, and expiring October 1, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 7 of 22 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XII There was presented Mayor and Council Communication No. OCS-1557 from Presentations by the Office of the City Secretary recommending that the City Council adopt a the City Secretary resolution setting the regular zoning hearing for June 13, 2006. OCS-1557 Res. No. 3349-05- Council Member Silcox made a motion, seconded by Council Member 2006 Wheatfall, that Mayor and Council Communication No. OCS-1557 be approved Setting Regular and Resolution No. 3349-05-2006 be adopted. The motion carried Zoning Hearing unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XIII Marty Hendrix, City Secretary, advised the City Council that the official count Res. No. 3350-05- of the Special Election for Council Member District 4 held on May 13, 2006, 2006 was completed on Thursday, May 18, 2006. The returns of the election were Canvassing reported by the presiding election officers of the voting precincts to the Tarrant Returns and County Elections Administrator and by the Tarrant County Elections Declaration of Administrator to the City Secretary of Fort Worth. Results of Special District 4 Council There was presented a resolution canvassing returns and declaration of results Election Held on of Special District 4 Council election held on May 13, 2006, as follows: May 13, 2006 RETURNS OF THE DISTRICT 4 SPECIAL ELECTION MAY 13, 2006 Candidate Early Election Day Total Votes Voting Danny Scarth 561 612 1,173 Louis McBee 472 647 1,119 Total Ballots Cast: 1,033 1,259 2,292 Total Voters: 1,085 1,362 2,447 Total Number of Registered Voters: 45,040 Percentage Voting: 5.43% CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 8 of 22 City Secretary Marty Hendrix noted for the official record that a petition for a recount in this race had been filed by candidate Louis McBee at 8:40 a.m. Council Member Burdette made a motion, seconded by Council Member Jordan, that Resolution No. 3350-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Res. No. 3351-05- Marty Hendrix, City Secretary, advised the City Council that the official count 2006 of the Charter Amendment Election held on May 13, 2006, was completed on Canvassing Thursday, May 18, 2006. The returns of the election were reported by the Returns and presiding election officers of the voting precincts to the Tarrant County Declaration of Elections Administrator and by the Tarrant County Elections Administrator to Results of Special the City Secretary of Fort Worth. Election on Proposed There was presented a resolution canvassing returns and declaration of results Amendments to of Special Election on proposed amendments to the Charter for the City of Fort Charter Held on Worth held on May 13, 2006, as follows: May 13, 2006 CHARTER AMENDMENT PROPOSITIONS Propositions Early Election Day Total Votes Voting Proposition No. 1: An amendment of the City Charter, Chapter HI, Section 3, to be effective October 1, 2006, to increase the compensation paid to each City Council member to $25,000.00 per year and $29,000.00 per year for Mayor. For: 3,443 5,560 9,003 Against: 2,381 3,469 5,850 Proposition No. 2: An amendment to the City Charter, Chapter III, Section 5, to reduce the number of required meetings of the City Council from 48 to 44 per year, to include both regular and special meetings in the minimum number of meetings, and to delete the minimum number of Council meetings per month and maximum number of meetings per week. For: 4,140 6,431 10,571 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 9 of 22 Against: 1,598 2,535 4,133 Proposition No. 3: An amendment to the City Charter, Chapter III, Section 4, and Chapter IV, Sections 2, providing that all general, special and run off elections be conducted on a date specified by state law. For: 5,045 7,907 12,952 Against: 686 975 1,661 Proposition No. 4: An amendment to the City Charter, Chapter III, Section 5, to provide that the swearing in of newly elected Council members will occur at the first City Council meeting after canvassing the election results. For: 5,182 8,050 13,232 Against: 499 764 1,263 Proposition No. 5: An amendment to Chapter I11, Section 8 of the City Charter to provide that if a City Council member shall become a candidate for nomination or election to any other public office, the member shall forfeit his or her Council office but shall continue to hold the office until a successor is duly qualified, if the holding over in office is required by state law. For: 4,838 7,670 12,508 Against: 872 1,212 2,084 Proposition No. 6: An amendment to the City Charter, Chapter IV, Section 1, and Chapter IV, Section 3, to provide that in addition to complying with state law residence requirements, a candidate for Mayor or City Council must have continuously lived in the Council District for which he or she seeks election for 6 full months before the first allowed filing date for the election. For: 5,384 8,343 13,727 Against: 397 669 1,066 Proposition No. 7: An amendment to the City Charter, Chapter V, Section 4, to delete the requirement that the City Manager post a bond. For: 3,053 4,927 7,980 Against: 2,580 3,605 6,185 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 10 of 22 Proposition No. 8: An amendment to Chapter XXI, Section 5 of the City Charter to revise the publication and referendum requirements for the sale of City-owned property to increase the value of the property covered by the publication requirement from $25,000.00 to $125,000.00 and to increase the number of required signatures for a referendum on the sale from 500 to ten percent (10%) of the number of voters who voted in the most recent mayoral election. For: 3,274 5,437 8,711 Against: 2,199 2,951 5,150 Proposition No. 9: An amendment to the City Charter, Chapter XXII, Section 5 to provide that bids will be filed and opened by the City Manager or his or her designee. For: 4,362 6,836 11,198 Against: 1,202 1,615 2,817 Proposition No. 10: An amendment to the City Charter, Chapter XXII, Section 6, to provide that Improvement Contracts shall be signed by the City Manager or his or her designee. For: 4,483 7,067 11,550 Against: 1,083 1,427 2,510 Proposition No. 11: An amendment to delete obsolete provisions in Chapter XXIV, Section 3 and Chapter XXIV, Section 14 of the City Charter regarding the collection of school taxes and the inclusion of school taxes in the calculation of a maximum tax rate. For: 4,139 6,544 10,683 Against: 1,399 1,927 3,326 Proposition No. 12: An amendment of Chapter XXV, Section 2 of the City Charter to allow the publishing of a summary of the ordinance granting a franchise or easement across or upon streets or public places instead of the entire ordinance. For: 4,103 6,339 10,442 Against: 1,396 2,089 3,485 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 11 of 22 Proposition No. 13: An amendment to the City Charter to delete Chapter XXVII, Section 6 to conform with federal law prohibiting the City from giving preference to Fort Worth citizens when hiring department heads and assistant department heads. For: 3,633 5,746 9,379 Against: 1,982 2,858 4,840 Proposition No. 14: An amendment to the City Charter to delete Chapter XXVII, Section 8 requirement to add standardized wage rate language in City contracts. For: 3,984 5,998 9,982 Against: 1,530 2,416 3,946 Proposition No. 15: An amendment to Chapter XXVII, Section 16 of the City Charter to provide that an officer or an employee of a bank that serves as the City's depository bank shall be deemed not to have a financial interest in a City contract. For: 4,599 7,248 11,847 Against: 1,050 1,450 2,500 Total Voters: 6,415 9,673 16,088 Total Number of Registered Voters: 312,578 Percentage Voting: 5.15% Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Resolution No. 3351-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15207 There was presented Mayor and Council Communication No. G-15207 from Ord. No. 16955- the City Manager recommending that the City Council: 05-2006 Relocate Housing 1. Adopt an appropriation ordinance increasing estimated receipts and Department appropriations in the Grants Fund in the amount of $71,667.68 from Rehabilitation available funds, for the purpose of funding the relocation of the Division Staff to Rehabilitation Division of the Housing Department to the Aviation Meacham Airport Building in Meacham Airport; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 12 of 22 Aviation Building 2. Authorize the expenditure of an amount not to exceed $71,667.68 out of the Hilton Parking Garage Program Income Fund for the following purposes related to the relocation of the Rehabilitation Division of the Housing Department to the Aviation Building in Meacham Airport: a. Payment of first year's rent amounting to $32,167.68; b. Purchase of additional furniture and equipment not to exceed $25,000.00; and c. Installation of network, cabling and related services not to exceed $14,500.00. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15207 be approved and Appropriation Ordinance No. 16955-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent G-15208 There was presented Mayor and Council Communication No. G-15208 from Authorize City as the City Manager recommending that the City Council authorize the Tarrant Loan Area for County Housing Finance Corporation to include the City of Fort Worth as an Tarrant County eligible loan area for its single family bond program this year. Housing Finance Corporation's City Manager Boswell stated that the Mayor and Council Communication No. Bond Program G-15208 required an amendment, stating that the wording "its single family bond program this year" on the second line of the recommendation should be changed to read"2006 single family bond program". Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15208 be approved, as amended. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. G-15209 There was presented Mayor and Council Communication No. G-15209 from Amend Ord. No. the City Manager recommending that the City Council adopt an ordinance 13543, as Amended amending Ordinance No. 13543, as amended by Ordinance Nos. 13672, 13673, by Ord. Nos. 13672, 13674, 13842 and 15862, codified as Chapter 2, Article VI, Division 1 entitled 13673, 13674, 13842 ,Employees' Retirement Fund", of the Code of the City of Fort Worth (1986), and 15862,Codified as amended, which ordinances establish a retirement system, retirement plan as Chapter 2, Article to VI,Division and benefits thereunder for employees of the City of Fort Worth; amending the 1 Article City Code definition of earnings to include weekly workers compensation earnings; Continued for One providing for the City's payment on behalf of the members contributions where Week weekly workers compensation and benefits are paid. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 13 of 22 In response to Council Member Jordan's inquiry during Pre-Council, Deputy City Attorney Gerald Pruitt appeared and stated that the IRS Code, Section 401(a)(17) caps the income that can be considered in relation to a qualified pension plan at $200,000.00 plus cost of living adjustments. A qualified plan allows the contributions to the retirement fund to be made on a pretax basis. The City's ordinance references the old amount of $160,000.00 plus cost of living adjustments. This portion of the amendment was to bring the City's ordinance in line with the current federal statute. Because of the cost of living adjustment already in the ordinance, the amendment has no material affect on the fund. There was further deliberation on this clarification by various Council Members. Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15209 be continued for one week. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15210 There was presented Mayor and Council Communication No. G-15210 from Settlement the City Manager recommending that the City Council approve the settlement Between City and agreement between the City of Fort Worth and the Employees' Retirement Employees' Fund of the City of Fort Worth regarding a dispute over the meaning and intent Retirement Fund of Section 504.051 of the Texas Labor Code, and provide a payment of Regarding Dispute $2,800,000.00; adopt an appropriation ordinance increasing estimated receipts Over Meaning and and appropriations in the Risk Management Fund in the amount of Intent of Section $1,000,000.00 and decreasing the unreserved, undesignated fund balance by the 504-051 of Texas same amount, for the purpose of funding a settlement between the City of Fort Labor Code Worth and the Employees' Retirement Fund of the City of Fort Worth; and Continued for One approve the payment of $2,800,000.00 to the Fund in three installments, Week 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 Wheatfall, that Mayor and Council Communication No. G-15210 be approved and the ordinance adopted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 14 of 22 City Attorney Yett stated that this item was a companion item to Mayor and Council Communication No. G-15209 and since it was continued for one week, that this M&C should also be continued as this would be the first installment. Council Member Silcox withdrew his motion, and Council Member Wheatfall withdrew his second. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15210 be continued for one week. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15211 There was presented Mayor and Council Communication No. G-15211 from Ord. No. 16956- the City Manager recommending that the City Council adopt an ordinance 05-2006 requiring Verizon, TXU Electric Delivery, Tri-County Electric Cooperative, Relocate Utility Inc., One Source Communications, and Atmos Energy to relocate utility Facilities Located facilities located in City right-of-way in or along Keller-Hicks Road at the in City Right-of- utility's sole cost and expense to all the widening of Keller-Hicks Road. Way to Widen Keller-Hicks Road Ms. Marilyn Ackmann, Public Affairs Manager for Atmos Energy, 6000 Marilyn Ackmann Western Creek Lane, appeared before the City Council and expressed opposition to Mayor and Council Communication No. G-15211 stating that this was not considered to be a Fort Worth project, but a Keller ISD project. She stated that in essence this makes the gas customers pay for the relocation of utilities that historically have been the obligation of the developer. She further stated that Atmos was still trying to determine if they had utilities that would require moving and requested that further discussion of the matter take place and a sharing of the timelines and agreements involved in this project. Carlos M De La Mr. Carlos M. De La Torre, Fort Worth District Manager for TXU Electric Torre Delivery Company, 115 W. 7th Street, appeared before the City Council and expressed opposition to Mayor and Council Communication No. G-15211 stating that this was not considered to be a Fort Worth project, but a Keller ISD project. He further stated that he had never known TXU not to pay for the moving of a utility in the City, but stated that this was a Keller ISD project, not a City of Fort Worth project. Deputy City Attorney Gerald Pruitt appeared and advised Council that the City does have a franchise agreement with Atmos and stated that the relocation of their respective utility was at the utility's expense, which was stated in the agreement. He advised that the utility companies are of the opinion that the widening of this road is not a public purpose. He added there are two schools CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 15 of 22 coming into the area. He stated that the real reason that the street widening is needed was to accommodate the people that have moved into this area, causing the necessity for the public schools. Council Member Espino advised Council that the area of Woodland Springs Subdivision at the time of close-out would have 4,000 rooftops and that further down the road was Vista Green, Alta Vista, Saratoga, and McPherson Ranch. This road was a number one project for this portion of the City. Council Member Wheatfall inquired whether this would be one of the projects whereby the City would move the utilities under protest and then collect the cost later from the utility companies involved and also inquired as to how many of such project did the City have outstanding. City Attorney Yett advised Council that there were ten projects. He stated that it was obviously an issue that they respectfully disagreed on the matter of law and that as the City moves forward and continues to deliberate, they would, if no agreement was met, go to court and have them to decide the issue. He pointed out both sides feel very strongly on their position of this issue. He further stated that it was a very important project and to keep the project moving forward, it was the recommendation of the staff that Council take action today. Deputy City Attorney Pruitt stated that it was their recommendation that Council put a halt to paying up front for the relocation of the utilities and then trying to collect later. He stated that the utility companies needed to do what they were supposed to do for any widening of a city street. He also informed Council that one other option was for the Keller Independent School District to pay for the project, and the City could work with them to get the reimbursement from the utility companies involved. Mayor Moncrief stated that the City could not ignore the fact that the City has a critical need out there and advised that every day that nothing is done that this is further endangering more lives and that is not responsible governing of the City. Council Member Espino stated that this was a critical need in this part of the City and stated that the Council should go forth with approval. He made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15211 be approved and Ordinance No. 16956-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 16 of 22 G-15212 There was presented Mayor and Council Communication No. G-15212 from Extend Injury the City Manager recommending that the City Council approve a six-month Leave-of-Absense extension of injury leave-of-absence pay benefits for Police Sergeant Gary Pay Benefits for Wilson retroactive from March 30, 2006, through September 30, 2006. Police Sargeant Gary Wilson Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15212 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15213 There was presented Mayor and Council Communication No. G-15213 from Participate in Tax the City Manager recommending that the City Council adopt a resolution Abatement and providing that the City of Fort Worth elects to be eligible to participate in tax Adopt Tax abatement pursuant to the Texas Property Redevelopment and Tax Abatement Abatement Policy Act, Tax Code, Chapter 312, Sections 312.001 through 312.211 as amended; Continued for One and establish a Tax Abatement Policy, including guidelines and criteria, Week governing property tax abatements for the City of Fort Worth. Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15213 be continued for one week. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15214 There was presented Mayor and Council Communication No. G-15214 from Ord. No. 16957- the City Manager recommending that the City Council adopt an appropriation 05-2006 ordinance increasing estimated receipts and appropriations in the Stormwater Stormwater Utility Utility Fund in the amount of $3,200,000.00 based on projected revenue from Fund the Municipal Drainage Utility System, for the purpose of funding the operation of a stormwater utility. Council Member Silcox made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15214 be approved and Appropriation Ordinance No. 16957-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 17 of 22 G-15215 There was presented Mayor and Council Communication No. G-15215 from Ord. No. 16958- the City Manager recommending that the City Council adopt an appropriation 05-2006 ordinance increasing estimated receipts and appropriations in the Water Capital Transfer of Projects Fund in the amount of $7,013,815.00 and the Sewer Capital Projects Impact Fee Fund in the amount of $4,016,663.00 from impact fees for the purpose of Revenues to funding a transfer to the Water and Sewer Operating Fund to pay principle and Operating Budget interest on existing revenue bonds; and authorize the transfer of$7,013,815.00 from the Water Capital Project Fund and $4,016,663.00 from the Sewer Capital Projects Fund to the Water and Sewer Fund. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15215 be approved and Appropriation Ordinance No. 16958-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15216 designate Tax Abatement Reinvestment Zone No. 54, City of Fort Worth, Ord. No. 16959- Texas. Mayor Moncrief opened the public hearing and asked if there was 05-2006 anyone present desiring to be heard. Designate Tax Abatement Ms. Ardina Washington, representing the Economic & Community Reinvestment Development Department, appeared before Council, gave a staff report and Zone No. 54 called attention to Mayor and Council Communication No. G-15216, as follows: There was presented Mayor and Council Communication No. G-15216 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 54, City of Fort Worth, Texas; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. 54, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in connection with the public hearing, Council Member Wheatfall made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15216 be approved and Ordinance No. 16959-05-2006 be adopted. The motion carried unanimously seven (7) ayes to one (1) nay, with Council Member Davis absent, and Council Member Silcox casting the descending vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 18 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15217 approve mid-year amendments to FY 2005-2006 Crime Control and Prevention Ord. No. 16960- District budget for funding of Summer Strategies for continued crime reduction. 05-2006 Mayor Moncrief opened the public hearing and asked if there was anyone Mid-Year present desiring to be heard. Amendments to FY 2005-2006 Ms. Kara Shuror, Assistant Director, Police Department, appeared before CCPD Budget for Council, gave a staff report and called attention to Mayor and Council Funding Summer Communication No. G-15217, as follows: Strategies for Continued Crime There was presented Mayor and Council Communication No. G-15217 from Reduction the City Manager recommending that the City Council conduct a public hearing to receive public comment on a mid-year amendment of$370,387.00 to the FY 2005-2006 Crime Control and Prevention District (CCPD) budget to fund the Summer Strategies for continued crime reduction; close public hearing and approve a mid-year amendment of $370,387.00 to the FY 2005-2006 CCPD budget to fund the Summer Strategies for continued crime reduction; and adopt a supplemental appropriation ordinance increasing appropriations in the Crime Control and Prevention District Fund in the amount of $370,387.00 and decreasing the reserved, undesignated fund balance by the same amount, for the purpose of funding a mid-year amendment to the Crime Control and Prevention District budget for Summer Strategies. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15217 be approved and Supplemental Appropriation Ordinance No. 16960-05-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. P-10392 Rental of There was presented Mayor and Council Communication No. P-10392 from the Passenger Vans City Manager recommending that the City Council confirm the emergency purchase of the rental of up to eighteen passenger vans from Enterprise Rent A Car, d/b/a Enterprise Leasing of DFW, to transport Hurricane Katrina guests at a cost of $1,000.00 rental per van per month for a total amount not to exceed $114,818.00. Council Member Wheatfall made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P-10392 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 19 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14197 authorize conversion of Live Oak Park for the subsurface drilling and extraction Convert Live Oak of natural gas from an off site location. Mayor Moncrief opened the public Park for hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Extraction of Services Department, appeared before Council, gave a staff report and called Natural Gas attention to Mayor and Council Communication No. L-14197, as follows: There was presented Mayor and Council Communication No. L-14197 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 Live Oak Park in the J. Wilcox Survey, Abstract No. 1725, Lake Worth Leases, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14197 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2680 There was presented Mayor and Council Communication No. PZ-2680 from the Ord. No. 16961- City Manager recommending that the City Council adopt an ordinance vacating 05-2006 and extinguishing a portion of excess right-of-way adjacent to Interstate Excess Right-of- Highway 30 and Lot A, Block 14, Sycamore Heights Addition, an addition to Way Vacation the City of Fort Worth, Tarrant County, Texas. (VA-05-022) Council Member Haskin made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2680 be approved and Ordinance No. 16961-05-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 20 of 22 C-21467 There was presented Mayor and Council Communication No. C-21467 from the Res. No. 3352-05- City Manager recommending that the City Council: 2006 Ord. No. 16962- 1. Authorize the City Manager to submit a Request for Planning Funding 05-2006 to the 800 MHz Transition Administrator for frequency reconfiguration Sprint Nextel, Inc., of the City's 800 MHz Public Safety Radio Systems; Motorola, Inc., and Rosalind 2. Authorize the City Manager to enter into a Planning Funding Allen and the Law Agreement with Sprint Nextel Inc., for the frequency reconfiguration of Firm of Holland the City's 800 MHz Public Safety Radio Systems; and Knight, LLP 3. Authorize the City Manager to enter into a Reconfiguration Planning and Negotiation Phase Agreement with Motorola, Inc., for the frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems; 4. Authorize the City Manager to retain Rosalind Allen and the law firm of Holland and Knight, LLP, as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in negotiating and implementing a Frequency Reconfiguration Agreement for the 800 MHz Public Safety Radio Systems; 5. Adopt a resolution fixing in advance, as far as practicable, the amount to be paid to Rosalind Allen and the law firm of Holland and Knight, LLP, in an amount estimated not to exceed $85,000.00; and 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Information Systems Capital Projects Fund in the amount of $685,200.00 subject to execution of a Planning Funding Agreement with Sprint Nextel, Inc., for the purpose of funding a Reconfiguration Planning and Negotiation Phase Agreement with Motorola, Inc., and retaining Rosalind Allen and the Law Firm of Holland and Knight, LLP, as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter to assist the City Attorney in negotiating and implementing a Frequency Reconfiguration Agreement for the 800 MHz Public Safety Radio Systems. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21467 be approved and Resolution No. 3352-05-2006 and Appropriation Ordinance No. 16962-05- 2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23, 2006 PAGE 21 of 22 C-21468 There was presented Mayor and Council Communication No. C-21468 from the Safety, City Manager recommending that the City Council authorize the City Manager Environmental & to enter into a one-year agreement with one-option for renewal with Safety, Engineering Environmental & Engineering Solutions Consultants, LLC. for the purpose of Solutions conducting occupational safety training for the City's managers and supervisors Consultants, LLC for a cost not to exceed $81,000.00. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-21468 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-21469 There was presented Mayor and Council Communication No. C-21469 from the Owens Service City Manager recommending that the City Council authorize the City Manager Company to execute a three-year agreement with Owens Service Company as the exclusive provider for Electric, Water and Compressed Air Services for exhibitors and facility users of the Fort Worth Convention Center; and authorize the agreement to begin July 1, 2006, and expire June 30, 2009, with options to renew for three additional one-year periods. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21469 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Item XV Mr. Joe Epps, 828 Firewheel Trail, appeared before Council to express his Citizen appreciation to Council Member Becky Haskin for her dedicated service to her Presentations constituents especially the Woodhaven area, and presented her with roses. Joe Epps Joe Don Brandon City Secretary Hendrix read into the record an expression of appreciation to Council Member Haskin from Steve Kosek. Mayor Moncrief recognized Mr. Joe Don Brandon, 1415 East Lancaster, to speak before the Council; however, Mr. Brandon was not present. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:12 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 23,2006 PAGE 22 of 22 a) Legal issues concerning a boundary agreement adjustment with the City of Benbrook; b) Legal issues concerning City Secretary Contract No. 27765 with Lake Como Area Council; c) Legal issues concerning DFW Airport; d) 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 12:40 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 12:40 p.m., in Adjournment memory of Former Senator Lloyd Bentsen. These minutes approved by the Fort Worth City Council on the 30th day of May, 2006. Attest: Approve Marty Hen rix Michae J. ncri City Secretary Mayor