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HomeMy WebLinkAbout2006/08/22-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 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 Daniel Scarth, 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 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, August 22, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Jordan temporarily absent. Agenda Item H The invocation was given by Reverend Vic Bartlow, Bethesda Community Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Jordan assumed his chair at the dais.) Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Davis, the minutes of the regular meeting of August 15, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V There were no special presentations. Special Presentations Agenda Item VI Council Member Espino announced that a public information meeting on the Announcements proposed rezoning of the Jarvis Heights neighborhood would be held on August 24, 2006, at 7:00 p.m. at the Diamond Hill Community Center. He stated that the proposal was to rezone 400 lots from "B" Two-Family Residential to "A-5" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 2 of 27 Single-Family Residential. He also announced that on August 26, 2006, at 11:30 a.m. a meeting of the District 2 Advisory Committee would be held at Meacham International Airport where he would provide a District 2 update. He added that Bridgette Garrett, Budget and Management Services Director, would provide a presentation on the City's budget. Council Member Burdette expressed appreciation to the Fire Department for the Fire Ops 101 training members of the Council received last week where they were given an opportunity to witness first-hand what the Fire Department did for the City. He stated that it was a great eye-opener and commended the members of the Fire Department. Mayor Moncrief echoed Council Member Burdette's kudos and stated that everyone who participated in the training had a much better appreciation when they talk about what the Fire Department did for the City. He stated that it was a tremendous experience. Council Member Davis stated that the ground breaking and launching of the Omni Convention Center Hotel was held yesterday. She added that the community would be proud of this project and commended Omni for designing a spectacular product. She further stated that the opening would be approximately two years from now and expressed appreciation to everyone who participated in the project, especially Assistant City Manager Joe Paniagua. Council Member Wheatfall also expressed appreciation to the Fire Department for the training and also commended the Police Department for providing security for the Second Annual Stop Six Concert. He stated that it was a great event and he also expressed appreciation to the Parks and Community Services, Police and Fire Departments for their exceptional level of service. Council Member Silcox stated that his wife attended the Fire Ops 101 training course and reminded everyone that as hot as it was that day, there were men and women in Iraq and Afghanistan driving Hum V's, with no air-conditioning, who were wearing full battle gear every day in very hot weather. He asked everyone to remember them. Mayor Moncrief also acknowledged the City crews who perform work outside everyday taking care of the citizens. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 3 of 27 Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by 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 as follows: OCS-1571 M&C OCS-1571 - 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-15350 M&C G-15350 — Authorizing the temporary closure of Bluff Street from Temporary Commerce Street to Calhoun Street and Calhoun Street from Belknap Street to Closure of Bluff Bluff Street from August 16, 2006, until the vacation of right-of-way request Street goes to City Council before the end of 2006. G-15351 M&C G-15351 — Adopting Appropriation Ordinance No. 17106-08-2006 Ord. No. 17106- increasing estimated receipts and appropriations in the Contract Street 08-2006 Maintenance Fund in the amount of$659,784.25 based on a receivable from the FY 2005-2006 Fort Worth Transportation Authority for the purpose of funding a portion of the Street Fiscal Year 2005-2006 Street Maintenance Program. Maintenance Program G-15352 M&C G-15352 — Appointing Lionicio R. Munoz as substitute Hearing Officer Appoint Substitute for the Fort Worth Parking Violations Bureau and as a City Council designee to Hearing Officer conduct hearings pursuant to Chapter 34 of the City Code. P-10436 M&C P-10436 — Authorizing a sole source purchase agreement for Original WEMCO Pumps, Equipment Manufacturer WEMCO pumps, components and replacement parts Components and with Jay Martin Company, Inc., for the Water Department at manufacturer's list Replacement Parts price less ten percent discount. Freight is included and payment is due 30 days after receipt of invoice; and authorizing this agreement to begin August 22, 2006, and expire August 21, 2007, with options to renew for four additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 4 of 27 P-10437 M&C P-10437 — Authorizing a sole source purchase agreement for Original Worthington Equipment Manufacturer Worthington pumps, components and replacement Pumps, parts with Oslin Nation Company for the Water Department at manufacturer's Components and list price less twenty percent discount. Freight is included and payment is due Replacement Parts 30 days after receipt of invoice; and authorizing this agreement to begin August 22, 2006, and expire August 21, 2007, with options to renew for four additional one-year periods. C-21623 M&C C-21623 — Authorizing consent to the assignment by Chief Oil and Gas Crosstex North LLC of its rights, duties and obligations under City Secretary Contract Nos. Texas Gathering, 30085, 33346 and 33445 (Public Right-of-Way Use Agreements) to Crosstex L.P. North Texas Gathering L.P.; and authorizing the City Manager to execute a Consent of Assignment Agreement with Chief Oil and Gas LLC and Crosstex North Texas Gathering L.P. C-21624 M&C C-21624 — Authorizing the City Manager to enter into a contract with Harris & Harris & Associates for plan review services for the Development Department Associates for a period beginning with the execution of the contract and terminating on September 30, 2006, in an amount not to exceed $210,000.00; and provide for three one-year renewals contingent upon appropriation of funds. C-21625 M&C C-21625 — Authorizing the City Manager to enter into an Encroachment Omni Fort Worth Agreement with Omni Fort Worth Partnership, L.P., authorizing use of the Partnership, L.P. right-of-way for installation of retention tiebacks for the Omni Hotel on Houston, 14th, Throckmorton and 12th Streets. C-21626 M&C C-21626 —Authorizing the City Manager to execute Change Order No. 1 Change Order#1 to City Secretary Contract No. 30741 with Humphrey & Morton Construction to CSC 30741 Company, Inc., in the amount of $113,433.50 for drainage and water line Humphrey & improvements to Tony's Creek Drainage System at Northeast 29th Street, Morton thereby increasing the contract amount to $646,026.00. Construction Company, Inc. C-21627 M&C C-21627 — Authorizing the execution of one Storm Water Facility D.R. Horton and Maintenance Agreement from D.R. Horton — Texas, Ltd., and the Tehama Tehama Ridge Ridge Owners Association, for property located in north Fort Worth (DOE Owners Assoc. 4471). The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 5 of 27 Agenda Item X Council Member Silcox made a motion, seconded by Council Member Davis, Presentations by that Sandy Breaux be appointed to Place 3 on the Fort Worth Commission for City Council Women, effective August 22, 2006, and with a term expiring October 1, 2007. Appointments The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution approving the Fiscal Year 2006-2007 budget Res. No. 3400-08- for Dallas/Fort Worth(D/FW)International Airport. 2006 FY 2006-2007 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, D/FW that Resolution No. 3400-08-2006 be adopted. The motion carried International unanimously nine (9) ayes to zero (0) nays. Airport Budget Res. No. 3401-08- There was presented a resolution approving the Fiscal Year 2006-2007 Tarrant 2006 County 9-1-1 District budget. FY 2006-2007 Tarrant County Council Member Davis made a motion, seconded by Council Member 9-1-1 District Wheatfall, that Resolution No. 3401-08-2006 be adopted. The motion carried Budget unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15353 There was presented Mayor and Council Communication No. G-15353 from Ord. No. 17107- the City Manager recommending that the City Council adopt an ordinance 08-2006 amending Ordinance No. 16481-06-2005 to incorporate the Planned Correct Ord. No. Development Standards into the ordinance for Zoning Case No. ZC-05-101 for 16481-06-2005 for property located between south of West Rosedale Street, west of College Zoning Case No. Avenue, north of West Magnolia Avenue and east of Hurley Street. ZC-05-101 Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15353 be approved and Ordinance No. 17107-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 6 of 27 Council Member Silcox stated that Mayor and Council Communication Nos. G- 15354 through G-15363 all related to the purchase of right-of-way for the Southwest Parkway Project. He made a motion, seconded by Council Member Davis that Mayor and Council Communication Nos. G-15354 through G-15363 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15354 Mayor and Council Communication No. G-15354 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Addictive Behavior Counseling, not to exceed $20,000.00, for Right-of-Way as a displaced business, from 3501 West Vickery Boulevard, in the Vickery of Southwest Corridor, Parcel No. 53-PT1-A1, for right-of-way for the Southwest Parkway Parkway Project(DOE 3777). G-15355 Mayor and Council Communication No. G-15355 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Bermex, Inc., not to exceed $20,000.00, as a displaced for Right-of-Way business, from 3507 West Vickery Boulevard, in the Vickery Corridor, Parcel of Southwest No. 53-PT1-A4, for right-of-way for the Southwest Parkway Project (DOE Parkway 3777). G-15356 Mayor and Council Communication No. G-15356 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to DFW Genesis Energy Group, Inc., not to exceed for Right-of-Way $23,200.00, as a displaced business, from 3519 West Vickery Boulevard, Suite of Southwest 250, in the Vickery Corridor, Parcel No. 55-A8, for right-of-way for the Parkway Southwest Parkway Project(DOE 3777). G-15357 Mayor and Council Communication No. G-15357 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Law Office of Merritt Klapperich, P.C., up to $20,000.00, for Right-of-Way as a displaced business, from 3519 West Vickery Boulevard, Suite No. 201, in of Southwest the Vickery Corridor, Parcel No. 55-A3, for right-of-way for the Southwest Parkway Parkway Project(DOE 3777). G-15358 Mayor and Council Communication No. G-15358 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Emery Young Associates, up to $20,000.00, as a displaced for Right-of-Way business, from 3519 West Vickery Boulevard, Suite 100E, in the Vickery of Southwest Corridor, Parcel No. 55-A5, for right-of-way for the Southwest Parkway Project Parkway (DOE 3777). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 7 of 27 G-15359 Mayor and Council Communication No. G-15359 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Fazeke's, Inc., not to exceed $45,800.00, as a displaced for Right-of-Way business, from 3817 Rutledge Street, in the Vickery Corridor, Parcel No. 60- of Southwest Al, for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway G-15360 Mayor and Council Communication No. G-15360 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Howard F. Kane Plumbing Co., Inc., not to exceed for Right-of-Way $36,113.00, as a displaced business, from 4025 West Vickery Boulevard, in the of Southwest Vickery Corridor, Parcel No. 67, for right-of-way for the Southwest Parkway Parkway Project(DOE 3777). G-15361 Mayor and Council Communication No. G-15361 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to City Roofing Company, not to exceed $35,430.53, as a for Right-of-Way displaced business, from 4131 West Vickery Boulevard, in the Vickery of Southwest Corridor, Parcel No. 71-A1, for right-of-way for the Southwest Parkway Project Parkway (DOE 3777). G-15362 Mayor and Council Communication No. G-15362 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Simple Things, not to exceed $42,057.00, as a displaced for Right-of-Way business, from 3505 A Hooper Street, in the Vickery Corridor, Parcel No. 75- of Southwest A2, for right-of-way for the Southwest Parkway Project(DOE 3777). Parkway G-15363 Mayor and Council Communication No. G-15363 from the City Manager Pay Relocation & recommending that the City Council authorize the payment of relocation and Moving Expenses moving expenses to Lesikar Construction Company, not to exceed $20,000.00, for Right-of-Way as a displaced business, from 4359 West Vickery Boulevard, in the Vickery of Southwest Corridor, Parcel No. 84, for right-of-way for the Southwest Parkway Project Parkway (DOE 3777). Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15364 consider a request for variance from Section 4-4 of the City Code to allow sale Variance to Allow of alcoholic beverages at 4800 Wichita Street. Mayor Moncrief opened the Sale of Alcoholic public hearing and asked if there was anyone present desiring to be heard. Beverages at 4800 Wichita Street- Denied CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 8 of 27 Mr. Bob Riley, Development Department Director, appeared before the Council, gave a staff report, and called attention to Mayor and Council Communication No. G-15364, as follows: There was presented Mayor and Council Communication No. G-15364 from the City Manager recommending that the City Council consider the request from Ms. Wahida Hashim for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages at 4800 Wichita Street and located within 300 feet of a church. Mayor Pro tem Hicks stated she was stunned that this issue was coming before Council once again after the variance had been denied on three previous occasions within a one-year period. She stated that she had met with the adjacent neighborhood that was in opposition of the variance and asked the City Attorney if the variance could be denied with prejudice. Council Member Silcox echoed Mayor Pro tem Hicks comments and asked Mr. Riley what action the City could take to rectify the request coming before Council again. Mr. Riley responded by stating the Council could request that the Law Department develop an ordinance to amend the City's Code of Ordinances addressing this issue to limit the amount of times an applicant could make the same application without significant changes. City Attorney Yett stated that the Law Department staff would work with the Development Department on the ordinance. He added that there was currently no provision in the City Code for denying these applications with prejudice. Morgan Burkhart Mr. Morgan Burkhart, 3112 Waits Avenue, attorney for the applicant, appeared before Council in support of the variance. He stated that his client had acknowledged the previous denials were based on lack of support at the Council meetings; however, this time there were individuals present in the Council Chamber who supported the variance. He added that the area needed viable businesses and that the sale of beer was not the main business for the convenience store. He further stated that the variance to sell beer was needed for the effective operation of the store and that his client had already invested a lot of money on property improvements. The following individuals appeared before Council in support of the variance: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 9 of 27 Faith Abdallah, Ms. Faith C. Abdallah 7505 Cope Court, Joshua, Texas Wahida Hashim, Ms. Wahida Hashim 4800 Wichita Street Willis Bender, Mr. Willis C. Bender 4809 Trueland Drive Dorenda Ms. Dorenda Campbell 2929 Mecca Street Campbell, Mr. Chauncey Spencer 3201 Martin Street Chauncey Spencer Mr. Terrence Harper 4814 E. Berry Street Apt 404 Terrence Harper Shirley Fulman Ms. Sheryl Fulcher, 3201 Denman Street, appeared before Council in support of the variance. She stated that she had lived in the neighborhood for over 30 years and that the store at this location had served her family and families in the neighborhood well. She asked if the stores on Martin also met requirements of the ordinance relative to alcohol sales and stated that if these stores could sell beer, the store at 4800 Wichita Street should also be allowed to sell beer. Mr. Riley responded by stating the property was licensed to sell alcohol; however, the permit expired in October 2001. He added that a new application was submitted in 2004 and began this variance request. He further stated that during that time, the State changed the way in which the City's could measure distance requirements for churches. He explained that the previous way of measurement was from the front door to the first passable intersection, in this case the measurement would have been north on Wichita Street across the street and back down. However, the change of law states the measurement was taken from the most direct route, in this case measuring diagonally across the street and then to the church, placing the measurement to 219 feet as opposed to the original 335 feet. He added that the location was legal at one time, and once a location was legal it could continue to operate as previously permitted even with the change in the law; however, the permit on this location had expired and therefore permit requirements fell under the new law. Mayor Pro tem Hicks stated that she grew up in the neighborhood adjacent to this area and had witnessed the decline of the area. She stated that over the past year, the Council had been extremely supportive and aggressive of the redevelopment of this area. She referred to the loss of many businesses, such as the mall along the Berry Corridor and grocery stores, and added that she could not with good conscience support more alcohol sales in this area. She further stated that there was a proliferation of alcohol sales in southeast Fort Worth and reiterated her desire for City staff for a way to deny these issues with prejudice. Council Member Wheatfall supported Mayor Pro tem Hicks's views on this issue and stated that it was sad that any business model predicated its success on the sale of alcohol. He added that this would serve notice that this Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 10 of 27 would be very aggressive on this issue and that if a business owner allowed a permitted use to expire, that business owner would have to comply with whatever laws were in effect at the time of reapplication. Council Member Burdette expressed concern that the Council was not dealing with the issue at hand. He stated that the Council did not mandate or have an ordinance under law to attack the proliferation of places that sold beer and alcohol. He added that the issue was whether or not to grant a variance to allow the sale of alcohol within 300 feet of a church and that the affected church was not in opposition to the sale of alcohol at this location. He further stated that other businesses near this location were able to sell alcohol and that if this was not an issue with the church, it should also not be an issue with the Council. Mayor Pro tem Hicks called for the question. There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15364 be denied. The motion carried eight (8) ayes to one (1) nay, with Council Member Burdette casting the descending vote. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15365 adopt an ordinance designating Tax Abatement Reinvestment Zone No. 55. Ord. No. 17108- Mayor Moncrief opened the public hearing and asked if there was anyone 08-2006 present desiring to be heard. Designate Tax Abatement Mr. Robert Sturns, Business Development Coordinator, appeared before Reinvestment Council, gave a staff report, and called attention to Mayor and Council Zone No. 55 Communication No. G-15365, as follows: There was presented Mayor and Council Communication No. G-15365 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 55, City of Fort Worth, Texas; and close the public hearing and an adopt ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Fifty-five, City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone, pursuant to and in accordance with Chapter 312 of the Texas Tax Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 11 of 27 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 Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G-15365 be approved and Ordinance No. 17108-08-2006 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 G-15366 approve the Fiscal Year 2006-07 budget and five-year service plan for Fort Ord. No. 17109- Worth Public Improvement District (PID) No. 1 (Downtown), authorize 08-2006 transfer of City's payment in-lieu of services, authorize transfer of City Ord. No. 17110- payment in-lieu of assessments, adopt appropriation ordinances, adopt proposed 08-2006 2006 Assessment Roll, set benefit hearing, authorize transfer for administrative FY 2006-2007 fees and authorize execution of a contract with Downtown Fort Worth, Inc., to Budget and Five provide management services for the District. Year Service Plan for PID No. 1 Ms. Becky Wood, PID Administrator for the Finance Department, appeared (Downtown) before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-15366, as follows: There was presented Mayor and Council Communication No. G-15366 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2006-07; 2. Approve the budget and five-year service plan for FY 2006-07 as recommended by the Advisory Board of Fort Worth Public Improvement District No. 1 (PID No. 1) and approve adding to the FY 2006-07 budget, as contingency, any unencumbered revenues from PID No. 1 assessments from prior years. 3. Authorize the transfer of $127,613.00 for City's payment in-lieu of services, from the General Fund to the Special Assessment District Fund PID 1, FY 2006-07 Project account. 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $127,613.00 from available funds contingent upon the adoption of the Fiscal Year 2006-2007 budget for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 12 of 27 5. Authorize the transfer of $200,655.00 for the City's payment in-lieu of assessments from the General Fund to the Special Assessment District Fund PID No. 1 Project account for FY 2006-2007. 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $200,655.00 from available funds contingent upon the adoption of the Fiscal Year 2006-2007 budget for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown). 7. Adopt the proposed 2006 assessment roll; 8. Set Benefit Hearing for Tuesday, September 12, 2006, at 10:00 a.m. in the City Council Chamber; 9. Authorize the transfer of $26,000.00 for administrative fees from the Special Assessment District Fund PID No. 1, FY 2006-2007 Project account to the General Fund; and 10. Authorize the City Manager to execute a contract with Downtown Fort Worth, Inc., to provide management and improvement services in the PID No. 1 during FY 2006-2007 for the sum of$1,785,048.00. Council Member Scarth inquired if this changed what each individual owner paid on a yearly basis when the budget was adopted, or if it was set up at the beginning when the PID was established. Ms. Wood responded by stating that it was set up when the PID was established. Council Member Davis stated that the opportunity for a change was on a five- year basis. Council Member Scarth stated that he had received inquiries from individuals located on the fringes of PID No. 1. He added their concern was that since they were not located within the Central Business or downtown, they perhaps did not receive as much benefit as retail businesses. He questioned whether the boundaries could be adjusted in the five-year cycle. Ms. Wood stated that the PID dissolved in 2009 and an option was to reestablish the boundaries at that time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 13 of 27 Council Member Davis expressed appreciation to Downtown Fort Worth, Inc., for their tremendous oversight of the PID. She stated that the voluntary taxing that property owners had imposed upon themselves had resulted in some very dramatic improvements to the downtown area and it had continued to provide benefits to those property owners. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15366 be approved and Appropriation Ordinance Nos. 17109-08-2006 and 17110-08-2006 be adopted. Council Member Burdette added his support for the continuance of this PID and stated that the improvements to Sundance Square and additional security were all results of the great success of the PID. 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 G-15367 approve the Fiscal Year 2006-2007 budget and five-year service plan for Fort Ord. No. 17111- Worth Public Improvement District (PID) No. 6 (Park Glen), authorize transfer 08-2006 of City's payment in-lieu of services, adopt an appropriation ordinance, adopt FY 2006-2007 proposed 2006 Assessment Roll, set benefit hearing, authorize transfer for Budget and Five administrative fees and authorize execution of a contract with Premier Year Service Plan Communities, to provide management services for the District. for PID No. 6 (Park Glen) Ms. Becky Wood, PID Administrator for the Finance Department, appeared before Council and gave a staff report. She stated that paragraph 8 of the Recommendation Section needed to be amended to reflect the correct amount as being $1,389,962.00 and not $1,393,302.00 and called attention to Mayor and Council Communication No. G-15367, as follows: There was presented Mayor and Council Communication No. G-15367 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2006-07; 2. Approve the budget and service plan for FY 2006-07 as recommended by the Advisory Board of Public Improvement District No. 6 (PID No. 6) and approve adding to the FY 2006-07 budget, as contingency, any CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 14 of 27 unencumbered revenues from the PID No. 6 assessments from prior years; 3. Authorize the transfer of $54,652.00 for the City's payment in-lieu of services, from the General Fund to the Special Assessment District Fund Pid No. 6, FY 2006-07 Project account; 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $54,652.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 6 (Park Glen); 5. Adopt the proposed 2006 assessment roll; 6. Set Benefit Hearing for Tuesday, September 12, 2006, at 10:00 a.m. in the City Council Chamber; 7. Authorize the transfer of $22,480.00 for administrative fees from the Special Assessment District Fund PID No. 6, FY 2006-07 Project account to the General Fund; and 8. Authorize the City Manager to execute a contract with Premier Communities to provide management and improvement services in the PID No. 6 during FY 2006-07 for the sum of$1,393,302.00. Thomas Robinson Mr. Thomas Scott Robinson, 4837 Island Circle, appeared before Council in support of the PID. He stated that he was a member of the PID No. 6 Advisory Board and would respond to any opposition. Dan Self Mayor Moncrief recognized Mr. Dan Self, 8409 Washita Way, as desiring to speak before the Council in opposition of the PID; however, Mr. Self was not present in the Council Chamber. There being no one else present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Council Member Silcox, that that the public hearing be closed and Mayor and Council Communication No. G-15367 be approved and Appropriation Ordinance No. 17111-08-2006 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 15 of 27 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15368 approve the Fiscal Year 2006-2007 budget and five-year service plan for Fort Ord. No. 17112- Worth Public Improvement District (PID) No. 7 (Heritage), authorize transfer 08-2006 of City's payment in-lieu of services, adopt an appropriation ordinance, adopt FY 2006-2007 proposed 2006 Assessment Roll, set benefit hearing, authorize transfer for Budget and Five administrative fees and authorize execution of a contract with Premier Year Service Plan Communities, to provide management services for the District. for PID No. 7 (Heritage) Ms. Becky Wood, PID Administrator for the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-15368, as follows: There was presented Mayor and Council Communication No. G-15368 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2006-07; 2. Approve the budget and five-year service plan for FY 2006-07 as recommended by the Advisory Board of Fort Worth Public Improvement District (PID) No. 7 and approve adding to the FY 2006- 07 budget, as contingency, any unencumbered revenues from the PID No. 7 assessments from prior years. 3. Authorize the transfer of $51,954.00 for the City's payment in-lieu of services from the General Fund to the Special Assessment District Fund, PID No. 7, FY 2006-07 Project account; 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $51,954.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 7 (Heritage); 5. Adopt the proposed 2006 assessment roll; 6. Set Benefit Hearing for Tuesday, September 12, 2006, at 10:00 a.m. in the City Council Chamber; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 16 of 27 7. Authorize the transfer of $14,570.00 for administrative fees from the Special Assessment District Fund PID No. 7, FY 2006-07 Project account to the General Fund; and 8. Authorize the City Manager to execute a contract with Premier Communities to provide management and improvement services in PID No. 7 during FY 2006-07 for the sum of$817,787.00. Mayor Moncrief acknowledged the presence of Mr. Gibb Lewis, former Speaker of the Texas House. 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 and Mayor and Council Communication No. G-15368 be approved and Appropriation Ordinance No. 17112-08-2006 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 G-15369 approve the Fiscal Year 2006-07 budget and five-year service plan for Fort FY 2006-2007 Worth Public Improvement District(PID)No. 8 (Camp Bowie), adopt proposed Budget and Five 2006 Assessment Roll, set benefit hearing, authorize transfer for administration Year Service Plan fees, and authorize execution of a contract with Historic Camp Bowie, Inc., to for PID No. 8 provide management services for the District. (Camp Bowie) Ms. Becky Wood, PID Administrator for the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-15369, as follows: There was presented Mayor and Council Communication No. G-15369 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2006-07; 2. Approve the budget and five-year service plan for FY 2006-07 as recommended by the Advisory Board of Fort Worth Public Improvement District (PID) No. 8 and approve adding to the FY 2006- 07 budget, as contingency, any unencumbered revenues from the PID No. 8 assessments from prior years. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 17 of 27 3. Adopt the proposed 2006 assessment roll; 4. Set Budget Hearing for Tuesday, September 12, 2006, at 10:00 a.m. in the City Council Chamber; 5. Authorize the transfer of $6,000.00 for administrative fees from the Special Assessment District Fund PID No. 8, FY 2006-07 Project account to the General Fund; and 6. Authorize the City Manager to execute a contract with Historic Camp Bowie, Inc., to provide management and improvement services in PID No. 8 during FY 2006-07 for the sum of$499,590.00. 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. G-15369 be approved. 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 G-15370 approve the Fiscal Year 2006-07 budget and five-year service plan for Fort FY 2006-2007 Worth Public Improvement District (PID) No. 11 (Stockyards), adopt proposed Budget and Five 2006 Assessment Roll, set benefit hearing, authorize transfer for administration Year Service Plan fees, and authorize execution of a contract with Fort Worth Stockyards for PID No. 11 Preservation Foundation, Inc., to provide management services for the District. (Stockyards) Ms. Becky Wood, PID Administrator for the Finance Department, appeared before Council, gave a staff report. She stated that paragraph 6 of the Recommendation Section needed to be amended to reflect the correct amount as being $57,200.00 and not $101,627.00 and called attention to Mayor and Council Communication No. G-15370, as follows: There was presented Mayor and Council Communication No. G-15370 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2006-07; 2. Approve the budget and five-year service plan for FY 2006-07 as recommended by the Advisory Board of Fort Worth Public Improvement District(PID) No. 11 and approve adding to the FY 2006- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 18 of 27 07 budget, as contingency, any unencumbered revenues from the PID No. 11 assessments from prior years. 3. Adopt the proposed 2006 assessment roll; 4. Set Budget Hearing for Tuesday, September 12, 2006, at 10:00 a.m. in the City Council Chamber; 5. Authorize the transfer of $6,000.00 for administrative fees from the Special Assessment District Fund PID No. 11, FY 2006-07 Project account to the General Fund; and 6. Authorize the City Manager to execute a contract with Fort Worth Stockyards Preservation Foundation, Inc., to provide improvements and services in PID No. 11 during FY 2006-07 for the sum of$101,627.00. 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 Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15370 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox stated that Mayor and Council Communication Nos. L- 14235 and L-14236 related to the purchase of right-of-way for the Southwest Parkway Project. He made a motion, seconded by Council Member Davis that Mayor and Council Communication Nos. L-14235 and L-14236 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14235 Mayor and Council Communication No. L-14235 from the City Manager Acquire Property recommending that the City Council authorize the payment of$1,029,975.00 to for Right-of-Way Conti Partners, Ltd., a Texas limited partnership, to acquire real property for Southwest located in the Vickery Corridor for right-of-way of the Southwest Parkway Parkway (S.H. 121) (DOE 3777) and estimated closing costs of$5,859.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 3811 Rutledge Street, Fort Worth, Texas 76107, Parcel 60, described as: 0.128 acre, more or less, being out of Block 1 of the Bill Snow Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 19 of 27 L-14236 Mayor and Council Communication No. L-14236 from the City Manager Acquire Property recommending that the City Council authorize payment of $1,081,400.00 to for Right-of-Way Lof-Jon Realty Company, a Texas partnership, to acquire real property located for Southwest in the Vickery Corridor for right-of-way of the Southwest Parkway (S.H. 121) Parkway (DOE 3777) and estimated closing costs of $5,792.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4115-4121 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 69, described as: 2.027 acres, more or less, being all of Lots 7, 8, 9, 10, 11, 12 and 13, and the remainder of Lots 29, 30, 31, 32 and 33, Block 4, of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and a portion of a vacated 16-foot alley, and also a portion of the north half of vacated Rutledge Street. Public Hearing It appeared that the City Council set today as the day for a public hearing to PZ-2692 adopt an ordinance changing the name of Sunny Hill Road to Scoma Road, Ord. No. 17113- located adjacent to Lot 1, Block 1 and Lot 1, Block 2, Vanderzyl Addition, 08-2006 from East Ripy Street to East Butler Street. Mayor Moncrief opened the public Change Name of hearing and asked if there was anyone present desiring to be heard. Sunny Hill Road to Scoma Road Mr. John Garfield, Development Services Administrator with the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. PZ-2692, as follows: There was presented Mayor and Council Communication No. PZ-2692 from the City Manager recommending that the City Council adopt an ordinance changing the name of Sunny Hill Road to Scoma Road, located adjacent to Lot 1, Block 1, and Lot 1, Block 2, Vanderzyl Addition, from East Ripy Street to East Butler Street. Tom Vanderzyl Mr. Tom Vanderzyl, 5629 Wedgmont Circle North, appeared before Council in opposition of the street name change. He stated that he was the only person with an address on Sunny Hill Road. He added that if Mr. Scoma had followed the rules and regulations of the City and submitted a biological sketch, $500.00 application fee, signatures of all abutting owners, and if he would have been properly notified of this issue, he would not be here today. He further stated that the citizens exercised their right to follow City Council rules and change the name of the street to Sunny Hill Road. Wayne Taff Mr. Wayne Taff, 1101 Minden, appeared before Council in opposition of the street name change. He stated the street was approximately two-blocks long and five land owners were responsible for the street being created in the mid- CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 20 of 27 1940s and that the Scoma's were the fourth land owners of the property in the 1950s. He stated that he did not know why the City would promise Mr. Louis Scoma any type of deal when the street was already created. Jim Scoma Mr. Jim Scoma, 136 Chisholm Trail, Crowley, Texas, appeared before Council in support of the street name change. He stated that the renaming of the street was promised to his father in the 1950s because he had donated 14 feet of land to the City. He added that this was the fifth time he had been before the City Council on this issue and that three times the Council promised it would rectify this issue. Council Member Davis provided history of this issue. She stated that the road had been changed to Scoma Road sometime within her tenure on the Council under her request and working with Mr. Scoma to achieve that name change. She added that somehow after that time, she let a street name change go through approval by the Council from Scoma Road to Sunny Hill Road. She further stated that she assumed full responsibility for this oversight. She stated that action reversed the work she and Mr. Scoma had done in honor of his father. She further stated that this action was to correct the mistake due to her oversight. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed and Mayor and Council Communication No. PZ-2692 be approved and Ordinance No. 17113-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Mr. Garfield advised the Council that Mayor and Council Communication Nos. PZ-2693 and PZ-2694 were related and suggested the Council hear the both issues at the same time. Public Hearing It appeared that the City Council set today as the date for a public hearing to PZ-2693 adopt ordinances changing the name of two internal private streets located Ord. No. 17114- within The Village at Park Vista, from Parkside Village Drive to SoHi Drive 08-2006 and from Vista Village Drive to Big View Drive. Mayor Moncrief opened the Change Name of public hearing and asked if there was anyone present desiring to be heard. Parkside Village Drive to SoHi Mr. John Garfield, Development Services Administrator with the Development Drive Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication Nos. PZ-2693 and PZ-2694, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 21 of 27 There was presented Mayor and Council Communication No. PZ-2693 from the City Manager recommending that the City Council adopt an ordinance changing the name of Parkside Village Drive, an internal private street located within The Village at Park Vista, to SoHi Drive. Public Hearing There was presented Mayor and Council Communication No. PZ-2694 from the PZ-2694 City Manager recommending that the City Council adopt an ordinance Ord. No. 17115- changing the name of Vista Village Drive, an internal private street located 08-2006 within The Village at Park Vista, to Big View Drive. Change Name of Vista Village Drive There being no one present desiring to be heard in connection with the public to Big View Drive hearing, Council Member Scarth made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication Nos. PZ-2693 and PZ-2694 be approved and Ordinance Nos. 17114-08-2006 and 17115-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21618 There was presented Mayor and Council Communication No. C-21618, dated Ord. No. 17116- August 15, 2006, from the City Manager recommending that the City Council 08-2006 authorize a non-interest bearing loan from the General Fund to the Grants Fund E3 Contract in the amount of $800,000.00 for interim financing for the Guinn School Consultants, Inc./ Campus Renovation Grant with the University of North Texas-Health Science Thos. S. Byrne, Center; adopt an appropriation ordinance increasing estimated receipts and Ltd. (E3/Byrne), a appropriations in the Grants Fund in the amount of $800,000.00, subject to Joint Venture receipt of the Guinn School Campus Renovation Grant from the University of North Texas-Health Science Center, for the purpose of executing a Construction Manager at Risk contract with E3 Contract Consultants, Inc.,/Thomas S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn Elementary School located at I-35 South and Rosedale Street; and authorize the City Manager to execute a Construction Manager at Risk contract with E3 Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn Elementary School, located at I-35 South and Rosedale Street, in the amount or $1,500,000.00. Mayor Pro tem Hicks noted that this was at least a 51 percent minority project and made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21618 be approved and Appropriation Ordinance No. 17116-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 22 of 27 C-21619 There was presented Mayor and Council Communication No. C-21619, dated Komatsu/Rangel, August 15, 2006, from the City Manager recommending that the City Council Inc., d/b/a authorize the City Manager to execute a design and construction administration Komatsu services contract with Komatsu/Rangel, Inc., d/b/a Komatsu Architecture, for Architecture the renovation of the Guinn Elementary School, located at I-35 South and Rosedale Street, in the amount of$175,982.65. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21619 be approved by amending the M&C to include a provision that the architect begin design work of a monument to commemorate the contributions of Dr. Guinn that will be placed on Rosedale Street and I-35 South. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21628 There was presented Mayor and Council Communication No. C-21628 from the Amendment No. 1 City Manager recommending that the City Council authorize the City Manager to CSC #33443 to execute Amendment No. 1 to the Conceptual Design Contract with Sato Sato Service, LLC Service, LLC, City Secretary Contract No. 33443, to add two additional sites — Country Day Area (Site No. 13) and I-20/SH-183 Interchange Area (Site No. 14) — to the scope of work, in the amount of$32,000.00 thereby increasing the contract amount to $50,100.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21628 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the descending vote. C-21629 There was presented Mayor and Council Communication No. C-21629 from the Change Ord. No. 1 City Manager recommending that the City Council authorize the City Manager to CSC #32647 to execute Change Order No. 1 to City Secretary Contract No. 32647 with Archer Western Archer Western Contractors, LTD., in the amount of$93,665.00 for additional Contractors, LTD. improvements at the Fort Worth Water Gardens increasing the total construction contract amount to $2,881,765.00. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21629 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 23 of 27 Agenda Item XV It appeared that the City Council set today as the date for a public hearing in Public Hearing connection with the proposed Ad Valorem Tax Rate for Fiscal Year 2006/2007. Proposed Ad Mayor Moncrief opened the public hearing and asked if there was anyone Valorem Tax Rate present desiring to be heard. for FY 2006-2007 City Attorney Yett explained why there were two public hearings listed on the agenda concerning the ad valorem tax rate. He stated that the first public hearing was designed to comply with state law and was key to the City's publication of the projected tax rate for next year, $.86.5 per $100.00 valuation. He added that the appropriate action for the Council on this item would be to hear any public comment, for the Mayor to announce the date, time and place for the consideration of the adoption of the tax rate for the next fiscal year, and then close the public hearing. He further stated that a second public hearing was scheduled for August 29, 2006, at 10:00 a.m. in the Council Chamber. Mayor Moncrief stated that the tax rate would be adopted by the City at the City Council meeting beginning at 10:00 a.m. on September 12, 2006, in Council Chamber at City Hall, 1000 Throckmorton. Bruce Edwards Mr. Bruce Edwards, 2225 6th Avenue, appeared before Council in opposition to the tax rate. He stated that the rate was adding taxes to people who were already overtaxed. He referred to Council Member Davis's figures from the Pre-Council Worksession in the Fairmount area where single family homes had a tax increase of 89.77 percent. He added that if the Council voted to change the ad valorem tax rate, it would give Tarrant Appraisal District (TAD) opportunity to reevaluate everything else and add additional tax increases. He referred to the rezoning of an area in the Fairmount area that would have an impact on other residences in the City by allowing TAD to reappraise surrounding property. He also alleged misuse of funds by the City relative to Waste Management services and leasing of radio towers and pointed out all of the gas well revenues that could be utilized by the City. Council Member Wheatfall requested that the City Manager provide information on what the average homeowner received as an increase on their valuations and what that meant to their tax bill. Council Member Silcox stated that City taxes were 25 percent of the overall taxes that a resident pays. He added that Fort Worth Independent School District (FWISD) taxes were approximately 52 percent and that concerns about tax rates and valuations also needed to be directed to FWISD. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 24 of 27 Mr. Edwards also referred to the three golf courses reflected in the budget that needed support until they could become solvent, and suggested closing one of them down or rotating the operation where only two were open at the same time to reduce operating costs. Council Member Jordan asked if the City Manager's report could provide information on the tax rate as far back as 1990 to the present. Council Member Davis stated that she had not heard concern from the majority of the residents she represented that the valuation of their property was not appropriate. She added that the valuation was supposed to reflect the market value of a particular piece of property and that the real issue to her was equity. She further stated that there were a large number of property owners in Fairmount and other areas where their valuations much more inaccurately reflected the value of the property they own. She added that if properties were valued more fairly across the board, it provided the opportunity to decrease the tax rate because it increased the amount of revenues coming into the City as well as other taxing jurisdictions. There being no one else present desiring to be heard in connection with the public hearing, Mayor Moncrief stated this was the first of two public hearings concerning the ad valorem tax rate the City Council would hold prior to voting on the tax rate on September 12, 2006, at 10:00 a.m. in the Council Chamber at City Hall at 1000 Throckmorton Street. He added that the second public hearing would be held on August 29, 2006, at 10:00 a.m. in the Council Chamber at City Hall at 1000 Throckmorton Street. (Council Member Wheatfall stepped away from the dais.) Council Member Silcox made a motion, seconded by Council Member Jordan, that the public hearing in connection with the proposed Ad Valorem Tax Rate for Fiscal Year 2006/2007 be closed. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Announcement Council Member Silcox announced that the water to the Lost Creek Subdivision would be shut off tonight at 10:00 p.m. to repair a leak in the concrete line that served that area and that the goal was to have it restored by 6:00 a.m. tomorrow. He added that a few businesses along Spur 580 might also be affected. He continued by stating residents of Lost Creek were asked to turn off all sprinkler systems immediately and leave them off until water service had been restored. He added that residents were urged to obtain containers of water CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 25 of 27 prior to 10:00 p.m. tonight for use during the night if necessary. He further stated that if additional water was needed during the night, a Water Department truck with pre-filled water containers would be located at Lost Creek Boulevard and Spur 580. He stated that if anyone had any questions to please call Water Department Customer Service at(817) 392-4477. Recessed/ Mayor Moncrief recessed the meeting at 11:43 a.m. to allow the Council to Reconvened attend the Fort Worth Independent School District State of the Schools address. Mayor Moncrief reconvened the meeting at 1:34 p.m. with Council Members Espino, Wheatfall, and Scarth absent. Agenda Item XVI It appeared that the City Council set today as the date for a public hearing in Budget Hearing connection with the proposed Fiscal Year 2006-2007 Appropriation Ordinance and Ad Valorem Tax Levy Ordinances. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Cynthia Sanchez Ms. Cynthia Sanchez, 2611 Northwest 25th Street, President of the Hispanic Leadership Organization (HLO), appeared before Council in support of the City Manager's budget relative to funding for tuition reimbursement for City employees, the leadership program and succession planning. She provided a brief history on the HLO and encouraged the Council to support the City Manager's budget. (Council Members Espino and Scarth assumed their chairs at the dais.) Council Member Espino stated that he joined the support for adoption of the City Manager's proposed budget with respect to tuition reimbursement, succession planning and leadership development. He added that it was important for the City to be proactive on these issues and that he had attended HLO events and saw the tremendous value of the organization. Mayor Pro tem Hicks concurred and stated that she was honored to participate in the recent Hispanic Development conference and that it was important to continue to represent in the City of Fort Worth the wonderful diversity in the City. There being no one else present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22, 2006 PAGE 26 of 27 Item XVII Mr. Joe Don Brandon, 1415 E. Lancaster, was recognized by Mayor Moncrief Citizen as desiring to appear before Council relative to equal rights at Council meetings Presentations and the removal of a crosswalk and lights on E. Lancaster and Cypress; however, Mr. Brandon was not present in the Council Chamber. Agenda Item It was the consensus of the City Council that they recess into Executive Session XVIH at 1:40 p.m. to: Executive Session 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) Dorothy Carey v. City of Fort Worth, et al, Civil Action No. 4- 06-CV317-A; b) City of Fort Worth v. Charlie S. Martinez, Jr., B 30403-99; c) City of Fort Worth v. Charlie S. Martinez, No. 141-218224-06; d) Legal issues concerning Gas Drilling Ordinance; 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 2:08 p.m. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING AUGUST 22,2006 PAGE 27 of 27 Agenda Item XIX There being no further business,the meeting was adjourned at 2:08 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 291h day of August, 2006. Attest: Approved: a Marty Hen ix Mich el . oncrief City Secretary Mayor