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HomeMy WebLinkAbout2005/02/22-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 Date & Time On the 22"d day of February, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:08 a.m. in the City Council Chamber, 9000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Jim Lane was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Cecil Youman, Wesley Chapel AME Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of February 17, 2005, were approved unanimously. On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the Called-special meeting of February 14, 2005, were approved unanimously. Special Council Member Davis presented a Proclamation for Cowtown Day Presentations to Dr. Bob Kaman, Vice-Chairman of the Cowtown Board; Mr. Jim Gilliland, Race Director; Ms. Heidi Swartz, Executive Director of The Cowtown; and Ms. Adelade Evans, Board Member for the Committee At-Large. Dr. Kaman expressed appreciation to the Council for their support and stated that the race would be held the morning of February 26, 2005 and invited the Council to attend the sponsor reception on February 25, 2005 at 5:30 p.m. at the Renaissance-Worthington Hotel. Mr. Gilliland also thanked the Council and several City departments for their assistance over the previous years and stated that 10,493 applications had been received thus far. Ms. Swartz presented each Council Member with a bag that contained a race T-shirt, an application for the race, and a cowbell to encourage runners. Ms. Evans stated that there would be musical entertainment at various locations along the race route performed by six or seven bands. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 2 of 19 Council Member Haskin presented a Proclamation for Showcase of Schools Day to Ms. Janie Christie, Coordinator of the Fort Worth Independent School District School and Community Partnerships; Mr. Robby Clark, representing McLean Middle School; Ms. Maribel Loya, representing Meacham Middle School; and Ms. Chelsea Payne, representing Dunbar 6t' Grade School. Council Member Davis applauded the school district for this program and stated that Worth Heights Middle School has held an annual breakfast to keep parents informed on school programs. (Council Member Lane assumed his chair at the dais.) Ms. Vickie Powell, Chair of Fort Worth Sister Cities Reggio Emilia Committee introduced the student delegation from Institution Peri Music Program, Reggio Emilia, Italy. Mr. Andrea Talmelli, Diretor of Instituto Per! presented Mayor Moncrief with a gift from Reggio Emilia, which was the current Italian flag and a replica of the original Italian flag. Announcements Mayor Pro tempore McCloud extended an invitation to everyone to attend the Annual Black History Month breakfast on February 24, 2005 at 7:30 a.m. at the Fort Worth Convention Center. He also announced that the Union Gospel Mission would conduct a dedication of a park for the homeless on February 26, 2005 from 9:00 a.m. to 3:00 p.m. Council Member Haskin announced that the third meeting for the Woodhaven .Neighborhood Redevelopment Plan would be held March 2, 2005 at 6:00 p.m. at the East Regional Library, at 6301 Bridge Street, and invited everyone interested to attend. She stated that if anyone had questions on this plan to please contact her office at (817) 392-8804. Mayor Moncrief invited the Council to attend the State of the City address on February 28, 2005 at 12:00 noon at the Worthington Hotel. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. C-20537 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 3 of 19 Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. C-20537 be withdrawn, G-14679 and G-14690 Staff be continued one week, and that ZC-05-021 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wheatfall, the consent agenda, as amended, was adopted unanimously. Presentations by Council Member Haskin congratulated Osha McElfish on her City Council appointment to the National League of Cities Youth Advisory Board. Order Special There was presented a proposed ordinance ordering a Special Election on Election by the qualified voters of the City of Fort Worth, Texas, on Saturday, May 7, Saturday, the 7th day of May, 2005, on the question of whether the 2005 City of Fort Worth should be authorized to recognize an employee Continued for association as a sole and exclusive bargaining agent for the One Week municipal police officers and authorizing the City of Fort Worth to make agreements with the employee association as provided by law. Bruce Simon Mr. Bruce Simon, 516 Palo Verde, President of the General Employees' Association, appeared before Council in opposition to the current efforts of providing an additional avenue of negotiating benefits afforded to only the Police union. (Mr. Simon's presentation in its entirety is attached to these minutes at the request of Council Member Lane.) Council Member Lane asked Mr. Simon what was the position of the Employees' Association on letting the voters make the decision on this issue on May 7, 2005. Mr. Simon stated that this would not provide enough time to inform residents of the City on the meet and confer issue. He stated that the association preferred that the Police Officers' Association collect the required signatures on a petition to place this issue on the ballot. Council Member Silcox referred to comments made by Mr. Simon and stated that an arbitrator could not be used in this type of situation. He added that if this proposal was not on the May 7, 2005 ballot,. the Police Officers' Association would then circulate petitions to place the issue on a ballot for either a September or CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 4 of 19 November 2005 ballot. He further stated that the difference between holding the election at the same time of the May 7, 2005 election would be that the entire election cost, approximately $263,000.00, would come out of General Fund resources. Council Member Picht stated that he did not want to see a wedge between City employees. He spoke in favor of placing the meet and confer issue before the citizens at the May election. He then responded to editorial comments made in the Fort Worth Star Telegram. Minnie Nealy- Ms. Minnie Nealy-Hodge, 5305 Mansel Lane, President of the Hodge Coalition of Retired Employees (CORE), appeared before Council in opposition of this issue being placed on the May 7, 2005 election ballot. She stated that the voters needed to be informed of meet and confer before they vote. She stated that no department within the City is more important than another and requested Council delay this issue. The following individuals were recognized by Mayor Moncrief as being in opposition to this issue and stated they did not wish to address the Council as previous speakers had adequately voiced their concerns. Bill Herrington, Mr. Bill Herrington 276 Lake Drive, Springtown, TX Carol Eicher, Ms. Carol Eicher 7766 Oak Hill Road Willie Rockwell Mr. Willie Rockwell 1036 E. Leuda Street Danny Mr. Danny Brockman, 3005 Highlawn Terrace, President of the Brockman Association of City Employees, appeared before Council in opposition to meet and confer. He stated that general employees were also voters and taxpayers and that meet and confer would not benefit general employees. Council Member Wheatfall stated that he saw a "wedge" going up between general employees and civil servants. He added that he stood on the principal of the public process and would like to see a series of public meetings on this subject, such as the meetings held for the CCPD election and annexations. After that process, an election should be conducted and if the voters passed the measurelproposition, then the Council would support it. Mayor Pro tempore McCloud recommended that the Council continue the discussion from the Pre-Council Worksession on the meet and confer proposal at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 6of19 City Attorney Yett stated that the discussion from Pre-Council could be continued during the Council meeting as both meeting agendas had been posted. Lee Jackson, President of the Police Officers' Association, spoke before the Council and advised that they would work to educate the public once the election had been called. There was further clarification provided by City Attorney Yett on the issue relating to an arbitrator being part of the meet and confer process. Council Member Silcox explained that in his opinion there was still plenty of time to educate the citizens in the period of time between March and May and compared that time frame to the time frame for the recent public meetings held in connection with the Crime Control Prevention District Election. Council Member Davis expressed her concern with holding this election on the May date and that she did not want to rush through this important issue. She added that she felt it needed a good lengthy public education and input process. She added that this issue could be deeply politicized if the Council sets this election on the May date when the Mayor and Council Members were being elected and she added that by doing so the Council was saying that they support this issue. Council Member Haskin indicated that no one in her district had indicated that they want or support this issue. She added that she was opposed to placing it on the May election date. Council Member Wheatfall indicated his concern about the positions of the Black Police Officers' Association and the Hispanic Police Officers' Association in this regard. He reiterated that he was not in favor of placing this issue on the May ballot. Council Member McCloud advised that he felt the Council always had an open door policy with the Police Department and he was surprised to hear that there was a gap in their training. He pointed out that time was needed for deliberation on this issue and to get the public educated on this process. He expressed concern for placing a wedge between the Police Department employees and the other City of Fort Worth employees. He suggested that this issue be delayed one week for further review and consideration. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 6 of 19 City Manager Boswell provided several points of clarification on the comparison of the time frame for the meet and confer election to the Crime Control and Prevention District (CCPD) Election. He advised that the public information had been done in two phases for both the CCPD election and the recent bond election. He felt that the first round of public meetings on this issue was missing. He also explained that once this election had been called he was prohibited by City policy to speak either for or against the meet and confer issue. He also advised of the annual turnover rate for the Police Department was 2.1 percent compared to the general City employees, which was 6.8 percent. City Attorney Yett provided further clarification on the City's position to be able to get out of meet and confer once the voters have approved it. He explained that it could only be overturned with the circulation of petitions and another vote of the citizens. There was further deliberation by the Council on whether to vote on this issue at this time or to delay the issue for one more week. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the proposed ordinance be continued for one week. The motion carried unanimously. Mayor Pro tempore McCloud suggested that the Police Officers' Association and representatives from the General Employees Association meet in an informal forum to discuss their interests. (Council Members Lane, Haskin,' and Stevenson stepped away from the dais.) Ord. #16298-02- There was presented Ordinance No. 16298-02-2005 ordering a 2005 General election by the qualified voters of the City of Fort Worth, Order General Texas, on Saturday, the 7th day of May, 2005, for the purpose of Election on electing the Mayor and Council Members for the City of Fort Worth. Saturday, May 7, Council Member Silcox made a motion, seconded by Mayor Pro 2005, Elect tempore McCloud, that the ordinance be adopted. The Council Mayor and voted 116" ayes and "0" nays in favor of the motion. Council Members (Council Member Silcox stepped away from the dais.) Recessed/ Mayor Moncrief recessed the meeting at 11:58 a.m. as no quorum Reconvened was present. The meeting reconvened at 12:08 p.m., with Council Member Wheatfall absent. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 7 of 19 Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1468 There was presented Mayor and Council Communication No. OCS- Claims 1468 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14679 Council Member Silcox made a motion, seconded by Council Continued for Member Stevenson, that Mayor and Council Communication No. G- One Week 14679, Authorization for Condemnation of One Temporary Access and Construction Easement Across Lots 1, 2, and 3, Block 17, Texas & Pacific Railway Company's Addition, Near the Central Business District and Owned by Cleopatra Investments, Ltd. (DOE 4007), be continued for one week. The motion carried unanimously. G-14685 There was presented Mayor and Council Communication No. G- Ord. #16299-02- 14686 from the City Manager recommending that the City Council 2005 consider and adopt the findings and opinions of the City staff as Authorize Jet-, presented herein; find that the public necessity and convenience Taxi, Inc. requires the operation of ten limousines upon city streets, alleys Limousine and and thoroughfares; and adopt Ordinance No. 16299-02-2005 Shuttle to granting to Jet-Taxi, Inc., the privilege to use the streets, alleys and Operate Ten public thoroughfares of the City in the conduct of its limousine Limousines business, which shall consist of the operation of ten limousines for a period beginning'on March 8, 2005, and ending on March 7, 2010; specifying the terms and conditions of the grant; 'providing for written acceptance by Jet-Taxi, Inc., Limousine and Shuttle complying with all requirements of Article 1V, Chapter 34, of the Code of the City of Fort.Worth (2003), as amended. It was the consensus of the City Council that the recommendation be adopted. G-14686 There was presented Mayor and Council Communication No. G- Ord. #16300-02- 14686 from the City Manager recommending that the City Council 2005 consider and adopt the findings and opinions of the City staff as Authorize Jet- presented herein; find that the public necessity and convenience Taxi, Inc. requires the operation of ten shuttles upon city streets, alleys and Limousine and thoroughfares; and adopt Ordinance No. 16300-02-2005 granting to Shuttle to Jet-Taxi, Inc.,' the privilege to use the streets, alleys and public Operate Ten thoroughfares of the City in the conduct of its shuttle business, Shuttles which shall consist of the operation of ten shuttles for a period CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 8 of 19 beginning on March 8, 2005, and ending on March 7, 2010; specifying the terms and conditions of the grant; providing for written acceptance by Jet-Taxi, Inc., Limousine and Shuttle complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. It was the consensus of the City Council that the recommendation be adopted. G-14587 There was presented Mayor and Council Communication Noy G- Ord. #18301-02- 14687 from the City Manager recommending that the City Council 2005 consider and adopt the findings and opinions of the City staff as Authorize presented herein; find that the public necessity and convenience Threejays require the operation of two horse-drawn carriages upon the city Carriage to streets, alleys and thoroughfares; and adopt Ordinance No. 16301- Operate Two 02-2005 granting to Threejays Carriage, Inc., the privilege to use Horse-Drawn the streets, alleys and public thoroughfares of the City in the Carriages conduct of its carriage business, which shall consist of the operation of two horse-drawn carriages for a period beginning on March 8, 2005, and ending on March 7, 2010; specifying the terms and conditions of the grant; providing for written acceptance by Threejays, Inc., complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. It was the consensus of the City Council that the recommendation be adopted. G-14688 There was presented Mayor and Council Communication No. G- Ord. #15302-02- 14588 from the City Manager recommending that the City Council 2005 accept a grant from the Texas Department of Transportation Accept Grant (TxDOT), Aviation Division in the amount of $2,430,000.00 for from TxDOT, phase two construction of airfield infrastructure,upgrades at Fort Aviation Division Worth Spinks Airport; authorize the transfer of funds in the amount for Planned of $270,000.00 from the Special Assessments Fund to the Airport Airfield Upgrade Grants Fund for the City's 10 percent match; and adopt Project at Fort Appropriation Ordinance No. 16302-02-2005 increasing estimated Worth Spinks receipts and appropriations in the Airport Grant Fund in the Airport amount of $2,700,000.00 subject to receipt of the grant from the Texas Department of Transportation, Aviation Division for the purpose of finding phase two construction of airfield infrastructure upgrades at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 9 of 19 G-94689 There was presented Mayor and Council Communication No. G- Ord. #16303-02- 14689 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16303-02-2005 increasing Water and Sewer estimated receipts and appropriations in the.Water Capital Project Interest Fund Fund in the amount of $25,000,000.00 from interest earnings. It was the consensus of the City Council that the recommendation be adopted. G-14690 Council Member Stevenson made a motion, seconded by Council Continued for Member Davis, that Mayor and Council Communication No. G- One Week 14690, Adopt a Resolution Authorizing Employment of Outside Legal Counsel for Document Production Related to Cabela's Development Project and Related Appropriation Ordinance, be continued for one week. The motion carried unanimously. G-14691 There was presented Mayor and Council Communication No. G- Ord. #16304-02- 14691 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16304-02-2005 adopting the City of Fort Worth Adopt City of 2005 Comprehensive Plan; analyzing population, economic and Fort Worth 2005 financial trends; describing municipal services and facilities; Comprehensive describing economic and technological issues affecting Plan and 2005- development; describing implementation tools; dividing the City 2009 Annexation into 16 planning sectors; providing maps describing proposed Program future land uses and recommended land use policies for each sector; establishing goals and recommended policies; incorporating the 2005-2009 Annexation Program. Danny Moss Mr. Danny Moss, 1800 Fairway Bend Drive, Haslet, Texas, appeared before Council in opposition of the 2005-2009 Annexation Program. He requested that his area be moved to the 2015 plan and be removed for limited purpose annexation. Assistant City Manager Dale Fisseler stated that he would set up a meeting with Mr. Moss within the next 10 days to discuss a compromise relative to annexation of his area. .lack Gibson Mr. Jack Gibson, 1525 Western Willows Drive, Haslet, Texas, appeared before Council in opposition of the annexation plan as it applied to the 287 Zone. He stated that he and his title company were unaware his property was located in a limited purpose annexation area. He added that limited purpose annexation was a gray area by definition and that residents of the area already received adequate emergency services from the County. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 10 of 19 Darlia Hobbs Ms. Darlia Hobbs, 8113 Anchorage Place, President of Citizens Against Forced Annexation, appeared before Council in opposition of forced annexation. She stated that forced annexation was wrong and detrimental to Fort Worth residents. She added at the City's emergency services were already spread too thin and that by annexing more property would have an adverse impact to residents. Gabrielle Ms. Gabrielle Gordon, 76 Corral Drive North, Keller, Texas, Gordon representing the Ranchette Estates Homeowners' Association, appeared before Council in support of the annexation program as it applied to Ranchette Estates. Assistant City Manager Dale Fisseler stated that Ranchette Estates was located adjacent to Keller and the annexation was delayed until 2010. Mayor Moncrief stated that the Council had worked hard with City staff to provide a fair process to everyone concerned. He added that the City is going to continue to grow because it had the additional land resources to do so. He further stated that the Council relied on staff to provide them with recommendations for responsible growth development. Council Member Silcox stated that he would like the City to consider a hybrid plan whereby the City would schedule land for limited purpose annexation through a contractual basis. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. P-10093 There was presented Mayor and Council Communication No. P- Agricultural 10093 from the City Manager recommending that the City Council; Pesticides 1. Authorize purchase agreements with multiple vendors for agricultural pesticides for the Parks and Community Services Department based on the low bid by line items meeting specifications as follows, with payments due 30 days from date of invoice; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 11 of 19 Estimated Vendors Line Items Expenditures BWI Companies 11 and 14 $ 2,827.04 Estes Incorporated 5 $ 1,358.00 Helena Chemicals Company 3, 6, and 9 $84,302.40 Lesco, Inc. 1 $ 4,256.00 Pakway Researchidivision Brant C. 4 $ 3,400.00 Red River Specialties 2 and 12 $15,460.00 Carso, Inc. 7,8, 10, and 13 $15,385.66 2. Authorize these agreements to begin on February 22, 2005 and expire February 21, 2006, with options to renew for two additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. P-1 0094 There was presented Mayor and Council Communication No. P- Sulfur Dioxide 10094 from the City Manager recommending that the City Council authorize a purchase agreement for sulfur dioxide with DPC, Industries, for the Water Department based on the sole bid of $0.189 per pound, with payment due 30 days after receipt of invoice; and authorize this agreement to begin February 5, 2005, and expire February 4, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10095 There was presented Mayor and Council Communication No. P- Goods and 10095 from the City Manager recommending that the City Council Services authorize the City Manager to execute an Interlocal Agreement for the purchase of goods and services between the City of Fort Worth and the City of Watauga. It was the consensus of the City Council that the recommendation be adopted. P-10096 There was presented Mayor and Council Communication No. P- Cooperative 10096 from the City Manager recommending that the City Council Purchasing authorize the City Manager to enter an Interlocal Agreement to join Network The Cooperative Purchasing Network to begin February 22, 2005. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 12 of 19 P-10097 There was presented Mayor and Council Communication No. P- Ord. #16305-02- 10097 from the City Manager recommending that the City Council: 2005 1500 GPM 1. Authorize the purchase of four new 1500 GPM pumpers Pumpers from a cooperative purchasing program for the Fire Department for a cost not to exceed $2,032,776.00, with payment due within 30 days of the date the invoice and freight is included in the unit price; and 2. Adopt Appropriation Ordinance No. 16305-02-2005 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $2,032,776.06 to be obtained through the City's Equipment Note Program approved on February 9, 1999, (M&C G-12462) by Ordinance No. 13701 for the purpose of funding four 1500 GPM pumpers from a cooperative purchasing program for the Fire Department. Council Member Picht requested staff clarify the. purpose of this purchase. Mr. Robert Combs, Purchasing Director, stated that the trucks carried 500 gallons of water and 20 gallons of foam. He added that the trucks would replace worn out vehicles within the Fire Department's inventory. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. P-10098 There was presented Mayor and Council Communication No. P- Multi-Family 10098 from the City Manager recommending that the City Council Recycling Study authorize a purchase agreement with R. W. Beck, Inc., to conduct a multi-family recycling study for the Department of Environmental Management at a cost not to exceed $50,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. L-14037 There was presented Mayor and Council Communication No. L- Access 14037 from the City Manager recommending that the City Council Easement release and abandon a portion of a 25-foot wide access easement described as portion of the John Steele Survey, Abstract No. 1381, Tarrant County, Texas owned by Weatherford Ventures CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 13 of 19 located west of 1-35W and north of FM 1187 in far South Fort Worth (DOE 4078), conveyed to the City for access to a metering station. It was the consensus of the City Council that the recommendation be adopted. (Mayor Pro tempore McCloud stepped away from the dais.) PZ-2570 There was presented Mayor and Council Communication No. PZ- Timetable for 2570 from the City Manager recommending that the City Council Voluntary approve the annexation timetable for proposed voluntary Annexation of annexation of approximately 11.8 acres of land, or .018 square Approximately miles (more or less) located north of Avondale Haslet Road and 11.8 Acres of east of Sendera Ranch Boulevard for full purposes in compliance Land, Located N. with the requirements of Chapter 43 of the Local Government Code of Avondale of the State of Texas; and direct City staff to prepare a service plan Haslet Rd. and E. that provides for the extension of full municipal services to the of Sendera Ranch annexation area. Council Member Stevenson made a motion, Blvd. (AX-05-002 seconded by Council Member Silcox, that the recommendation be Sendera Ranch E.) adopted. The motion carried unanimously. (Mayor Pro tempore McCloud returned to his chair at the dais.) PZ-2571 There was presented Mayor and Council Communication No. PZ- Approve 2571 from the City Manager recommending that the City Council Timetable for approve the annexation timetable proposed voluntary annexation Voluntary of approximately 200.877 acres of land., or .313 square miles (more Annexation of or less) located north of US 287 and west of Harmon Road for full Approximately purposes in compliance with the requirements of Chapter 43 of the 200.877 Acres of Local Government Code of the State of Texas; and direct City staff Land, Located N. to prepare a service plan that provides for the extension of full of US 287 and W. municipal services to the annexation area. Council Member of Harmon Rd. Stevenson made a motion, seconded by Council Member Davis, (AX-05-003 that the recommendation be adopted. The motion carried Presidio W.) unanimously. PZ-2572 There was presented Mayor and Council Communication No. PZ- Ord. #16306-02- 2572 from the City Manager recommending that the City Council 2005 repeal Ordinance No. 15192, 15295 and 16253; and adopt Repeal of Ordinance No. 16306-02-2005 repealing of Ordinance No. 15192, Ordinance #'s 15295 and 16253 and adoption of ordinance for vacating and 15192, 15295 extinguishing excess right-of-way in the William Bussell Survey, and 16253 and Abstract Number 151 and being a portion of West Fifth Street and Vacate and Forest Park Boulevard right-of-way beginning at the southeast Extinguish corner of Lot 1, Block 1, Calvary Addition containing 19,789 square Excess Right-of- feet or 0.454 acres of land and vacating and extinguishing a portion Way of Penn Street right-of-way located in the A. Robinson Survey, CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 14 of 19 Abstract Number 1289, beginning at the southwest corner of Lot 16, Carlock's Addition, containing 84,804 square feet or 1.946 acres of land, City of Fort Worth, Tarrant County, Texas. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20531 There was presented Mayor and Council Communication No. C- Sininian 20531 from the City Manager recommending that the City Council Development, authorize the reallocation of $166,674.00 in HOME Community Inc. Housing Development Organization set aside program funds to Sininian Development Inc., (SDI), for the development of two homes in the Hillside-Morningside Neighborhood with an option to build two more homes in the Hillside-Morningside Neighborhood once the initial two homes have been sold; authorize the City Manager to execute a contract with SDI, not to exceed a total of $166,574.00; authorize SDI to retain the proceeds as defined by the HOME program regulations and in compliance with City policy; authorize the contract performance period to begin on the date of contract execution and end eighteen months thereafter; authorize extension or renewal of the contract for up to six months, if SDI, requests an extension; and authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. C-20532 There was presented Mayor and Council Communication No. C- Res. #3169-02- 20532 from the City Manager recommending that the City Council 2005 retain Ron Freeman as outside counsel to assist the City Attorney Ron Freeman in addressing issues relating to municipal utility districts, pursuant to Chapter VI, Section 3 of the City Charter; adopt Resolution No. 3169-02-2005 establishing that the compensation payable to Mr. Freeman shall not exceed a total sum of $25,000.00; and authorize the City Manager or his designee to execute a professional services contract with Mr. Freeman for a sum not to exceed $25,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20533 There was presented Mayor and Council Communication No. C- State of Texas 20533 from the City Manager recommending that the City Council authorize the City Manager to enter into a lease agreement with the State of Texas to provide a constituent service office to State Representative Marc Veasey in Tech Fort Worth, the former gymnasium on the James E. Guinn School campus. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 15 of 19 C-20534 There was presented Mayor and Council Communication No. C- BNSF Railway 20534 from the City Manager recommending that the City Council Company authorize the City Manager to enter into a license agreement (25 year term) with the BNSF Railway Company for Trails of Fossil Creek, Phase I (DOE 4450) for a one-time cost of $3,000.00, which includes a $500.00 charge for participation in the licensor's blanket insurance policy. The developer will pay the cost of the agreement, including insurance and the City will incur no cost for this agreement. It was the consensus of the City Council that the recommendation be adopted. C-20535 There was presented Mayor and Council Communication No. C- Ord. #16307-02- 20535 from the City Manager recommending that the City Council 2005 authorize the transfer of $300,703.75 from the Water and Sewer McClendon Operating Fund to the Water Capital Project Fund in the amount of Construction $119,099.00 and to the Sewer Capital Project Fund in the amount of Co., Inc. $181,604.75; adopt Appropriation Ordinance No. 16307-02-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $119,099.00 and the Sewer Capital Project Fund in the amount of $181,604.75 from available funds for the purpose funding a contract with McClendon Construction, Co., Inc., for pavement reconstruction and water and sanitary sewer replacements on Donnelly Avenue from Ashland and Avenue to Alamo Avenue; and authorize the City Manager to execute a contract with McClendon Construction Co., Inc., in the amount of $546,342.00 for pavement reconstruction and water and sanitary sewer replacements on Donnelly Avenue from Ashland Avenue to Alamo Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20536 There was presented Mayor and Council Communication No. C- Amendment#1, 20536 from the City Manager recommending that the City Council Hellmuth, Obata authorize the City Manager to execute Amendment No. 1 to the + Kassabaum, conceptual architectural design services for the SH 121T Citizen's L.P. Advisory Group contract with Hellmuth, Obata + Kassabaum, L.P., for a cost of$151,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20537 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20537, Authorization to Enter into Amendment No. 7 with Prime Strategies, Inc., for SH 121 (Southwest Parkway), be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 16 of 19 C-20538 There was presented Mayor and Council Communication No. C- Ord. #16308-02- 20538 from the City Manager recommending that the City Council 2005 authorize the transfer of $616,800.00 from the Water and Seaver AOC Operating Fund to the Water Capital Projects Fund; adopt Contracting, L.P. Appropriation Ordinance No. '16308-02-2005 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $616,800.00 from available funds for the purpose of funding a contract with AOC Contracting, L.P., for Water Main Replacement Contract 2002 STM-F; and authorize execution of contract with AOC Contracting, L.P., for Water Replacement Contract 2002 STM-F. It was the consensus of the City Council that the recommendation be adopted. C-20539 There was presented Mayor and Council Communication No. C- Glen & Ricci 20539 from the City Manager recommending that the City Council Mace find that the statements set forth in the recitals of the Tax Abatement Agreement with Glen & Ricci Mace are true and correct; and authorize the City Manager to enter into a 5 year Tax Abatement Agreement with Glen & Ricci Mace, for the property at 1319 6th Avenue in the Magnolia Village Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Wheatfall C-20540 There was presented Mayor and Council Communication No. C- Polo Southwest 20540 from the City Manager recommending that the City Council of Texas, L.P. authorize. the City Manager to execute a Community Facilities Agreement with Polo Southwest of Texas, L.P., for the installation of community facilities to serve Tiffany Gardens Phase 1. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2005 PAGE 17 of 19 C-20541 There was presented Mayor and Council Communication No. C-20541 Fort Worth from the City Manager recommending that the City Council authorize Garden Club, the City Manager to execute a contract renewal with the Fort Worth Inc. Garden Club, Inc., for a primary term of ten years with two additional five-year renewal options. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. ZC-05-004 It appeared that the City Council, at its meeting of February 8, 2045, Continued for continued the hearing of the application of Susan Hedary for a One Week change in zoning of property located at 2529 Cleburne Road from E" Neighborhood Commercial to "PDISU" Planned Development/ Specific Use, for all uses in "E" Neighborhood Commercial; plus residence living area and waiver of site plan recommended, Zoning Docket No. ZC-05-004. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Susan Hedary, Council Member Davis advised the Council that the applicant could not be present at the Council meeting to address this zoning change and made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-45-004 be continued for one week. The motion carried unanimously. ZC-05-021 It appeared that the City Council, at its meeting of February 17, SP-05-005 2005, continued the hearing of the application of Waste Continued for Management of Texas, Inc., for a change in zoning of property One Week located at 12200 West Freeway from "AG" Agricultural to "PDISU" Planned Development/Specific Use, for a Refuse Transfer Station with site plan required, Zoning Docket No. ZC-05-021 and Site Plan No. SP-05-005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Waste Management of Texas, Inc., Council Member Silcox made a motion, seconded by Council Member Stevenson, that Zoning Docket No. ZC-05-021 and Site Plan No. SP-05-005 be continued for one week. The motion carried unanimously. ZC-04-306 It appeared that the City Council, at its meeting of February 17, SP-04-054 2005, set today as the special hearing of the application of Jerry D. Returned to City Scott for a change in zoning of property located at 701 Westview Zoning Avenue from "B" Two-Family Residential to "PDISU" Planned Commission Development/Specific Use, for all uses in "A-7.5" One-Family Residential plus enclosed carport and site plan required, Zoning CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2405 PAGE 18 of 19 Docket No. ZC-04-306 and Site Plan No. SP-04-054. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Stevenson stated that he was not going to support the behavior of the owner of this property who had constructed the carport after it was denied by the Board of Adjustment; however, the structure was roughly compatible with a structure across the street. He stated that he had worked with Jim Schell, the owner's representative, and Bob Riley and John Garfield from the Development Department and as upset as he was with this issue, he was not about to tear something down that was acceptable in part and destroy the money invested. He further stated that as of today, an agreement had been reached with Mr. Schell to get his client's approval to cut back the structure 10 feet from the original 3 feet previously suggested, putting the carport approximately 25 feet from the curbing. Council Member Stevenson informed Mr. Schell that if his client did not agree with his recommendation the structure would be removed. A lengthy conversation ensued amongst the Council and staff. Several Council Members again expressed concern that approving this zoning case impacted those citizens who could not afford legal representation in their defense to keep their carports. There being no one else present desiring to be heard in connection with the application of Jerry D. Scott, Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-306 and Site Plan No. SP-04-054 be returned to the City Zoning Commission with the requirement of cutting back the structure 10 feet. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Wheatfall Citizen Mayor Moncrief recognized Ms. Robin Fisher who completed a Presentations Citizen Presentation Card to address the Council relative to the community on the south side of town. Mayor Moncrief stated that Ms. Fisher was not present in the Council Chamber. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 22, 2006 PAGE 19 of 19 Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:59 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the City of Fort Worth: Employee's Retirement Fund; b) Legal issues concerning the concrete batch plant located at Forest Park Boulevard and Vickery Boulevard; c) 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 651.072 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. Adjournment There being no further business, the meeting was adjourned at 2:00 p.m. These minutes approved by the Fort Worth City Council on the 1St day of March, 2005. Attest: Approved: m cu���U� 1.4) Marty Hendrix Michael oncrie City Secretary Mayor . w c r , goo, : ne (Order ifmp jS City at Fort VIt h My name is Bruce Simon and I am President of the GECFW (General Employees of the City of Fort Worth). Mr. Mayor City Council Members Mr. Boswell Thank you for this opportunity to speak to you today. I am here on behalf of the General Employees to express our opposition to the current efforts of providing an additional avenue of negotiating benefits afforded only to the Police union. I am referring to the provision you all are aware of called "Meet and Confer". This is a form of collective bargaining under which a police association and city officials engage in bargaining for salaries, hours and other conditions of employment. Collective bargaining is generally prohibited for municipal employees in Texas except that police and fire employees may obtain collective bargaining rights through a petition/popular vote process. Under the collective bargaining provision if the union and city officials come to an impasse in negotiations an outside arbitrator or a district judge would make the final decision. The City Council itself would be bound by these decisions and would have absolutely no recourse. This would be unfair to the taxpayers who after all elect the City Council to make such decisions. Meet and Confer would allow the Police union to enter in to long-term contracts with the City which will greatly/richly enhance their benefit structures while virtually ignoring the other approximately 4500 employees that also provide services to the citizens of Fort Worth. This would be above and beyond the benefits afforded to them as a result of State mandated Civil Service law and as already provided by the City Council. This will make the Council and City official's efforts very difficult as they try to provide services on a year-to-year basis with limited resources. A case in point was highlighted in an article published by the Austin American-Statesman dated March 21, 2004. It stated that in six years the taxpayers sank almost $61 million into salary increases for officers. That increased officer salaries by 37 percent compared to the average city worker's 24 percent increase. In a tight 2002-03 budget year that froze salaries for most other Austin city employees, police still got raises of roughly S percent, making them the highest paid officers in the state. P. ®. Box 17617 FORT WORTH, TEXAs 76102 817/265-0048 Austin's police spending has more than doubled since the first Meet and Confer contract was approved in 1998, growing faster than parks, libraries and even other public safety departments. Tom 'Smitty' Smith, director of the Texas Office of the watchdog group Public Citizen stated that "Interest groups such as the police union exist to defend relatively narrow priorities to policy-makers, who must evaluate a range of needs whenspending taxpayer money. The danger comes when one constituency accumulates so much power that it drowns out other needs". He went on to say that "Ultimately, it makes the job of the elected officials more difficult when you have one interest group within the city that has significantly more power than others". With the advantage of having Meet and Confer as a tool, the police union will then be allowed to put the Council and City Manager in competition with other cities as they try to insure that they are some of the highest paid employees in the state. Furthermore it will hinder the Council's ability to take care of all employees. Ultimately, it will result in a fiscal nightmare as all other employee groups insist on the ability to negotiate fair and equal treatment on benefit and compensation issues. Collective bargaining for the Police union will no doubt put an undue drain on the City's already tight budgets, because,financing will have to come from somewhere in order to provide even the basic services to the taxpayers. There will certainly be less for other employees resulting in possible layoffs, cuts in service and finally increased taxes. There is also the potential impact on current and future retirees pertaining to health care costs and retirement benefits. Based on past history the union has never been completely satisfied with what the City has been able to offer them. In their desire to implement Meet and Confer, it is our opinion that they are being greedy and not considering other employees or even the taxpayer. In fact a tax increase doesn't concern them, since 65% - 70% of the Civil Service employees live outside of the City. On the other hand, general employees view the requirement to provide services to the citizens of our great City as being a team effort. It takes all of us working hand-in-hand to insure that tax dollars are utilized efficiently while providing a quality of life for Fort Worth citizens that is second to none. There are sacrifices made everyday across the whole organization that contribute to the overall success of serving the citizens. It is unfair and inappropriate to presume that one person or employee group is more important than another. Since we all have automobiles, let me give you a simple analogy. You can have the best and most expensive motor available in your car but if you don't have wheels and tires all the motor can do is sit there and idle. General employees are very aware of the contribution that the Civil Service employees make to the organization. We greatly appreciate and respect them for what they do and work with them in many different situations to provide public safety for our citizens. We certainly understand the importance and dangers of their jobs and are always concerned when one of them is injured while performing their duties. After all, they are a member of our family. We do however, think it is also important to emphasize the dangers and obstacles that many general employees must overcome as they do their daily jabs. Just a few short weeks ago, as you recall, we were faced with freezing weather that resulted in icy streets. In order for general employees to provide the service of sanding the streets so emergency response vehicles can respond safely and in a timely manner to calls, general employees must risk their lives and property to report for duty. Several months ago, the City was hit with torrential rains resulting in severe flooding all across the city. In one situation on West Cliff Street, general employees were standing almost waist deep in floodwater, in the rain, stacking sandbags, pushing cars and positioning pumps in an attempt to help the citizens. Their mission was to minimize the citizen's property damage and to protect them from further danger. Some employees even went door-to-door to insure that everyone was safe and accounted for. As these employees stood in this water, they were in constant danger of being electrocuted if a power line would have been cut and had fallen in the water. Another example involves the two employees that were critically injured when some one drove through a barricaded area striking the lift truck that they were working in. One of these employees was so severely injured that he will be confined to a wheel chair the rest of his life. A similar situation happened some years ago when an employee was working on Forest Park Blvd and a driver lost control of their vehicle, jumping the curb and pinning the employee against a brick wall. That employee was never able to return to work. He later passed away from complications. As you can see, there are many situations that general employees are faced with each and every day, many that never even get reported by the press. These situations put them in danger of severe injury or loss of life. General employees have just never thought it was appropriate to say that one person's life is worth more than anther's. Unfortunately that is precisely what Meet and Confer insinuates, that somehow Civil Service employees are more important than anyone else in the organization. Perhaps we should ask the families of those general employees who have been affected by some of these tragedies to see what they think about the value of human life. We are here today to ask you to please not rush this controversial issue to the voters in the upcoming May election. There just simply isn't enough time between now and then to thoroughly educate the Taxpayers on what a profound and lasting effect Meet and Confer is going to have on the welfare of Fort Worth. Meet and Confer will take the budget process out of your hands and away from the taxpayers as it relates to Civil Service salaries and benefits. It will instead give full control to the Police Union, 3rd party arbitrators and district judges regarding these issues. For the sake of this great City of Fort Worth,please do not let this go forward on the May 7th election ballot. In closing, we just want to ask you as you leave today in your car, do you want just the motor, just the wheels and tires, or all of the components so that you can make it home safely? At this time I would like to present to you a letter signed by all other employee groups that are vehemently opposed to this proposal. Those Organizations include: (see separate letter w/signatures). Thank you for your time and consideration. YE .MPPWA City of Fort rth TO: Mayor Mike Moncrief and City Council Members RE: Council Meeting (2-22-05) Item for a Special Election on May 7, 2005 for Meet& Confer for Police Officers' Association DATE: February 21, 2005 Honorable Mayor Mike Moncrief, and ladies and gentlemen of the Fort Worth City Council, this letter is to inform you that all of following listed employee groups, as represented by their President's (or approved officers') signatures listed herein below, stand together to inform you that we strongly oppose any vote, today or at any future Council meeting, that would allow the Meet& Confer issue to go forward for the Police Officers Association to a special election on May 7, 2005. It is also our request that prior to any such potential vote by the City Council, the requirement be made of the solicitors of this Meet& Confer issue to collect the necessary citizen petition signatures supporting this issue prior to the required deadline for including it on any future City election ballots. We would respectfully further request that in the event this petition is procurred, that an independent election auditor be employed by Council for the purpose of verifying the election petition signatures. Finally, we wish to state that from our preliminary research, where Meet& Confer has been incorporated into other municipalities' processes, it has proven to have disastrous results on that City's financial & budgetary processes, often at the expense of the general employees working there. Thank you for your consideration of this important issue. General Employees, City of Fort Worth (GECFW) Fort Worth Librarians' Association (FWLA) Association of City Employees (ACE) Coalition of Retired Employees (CORE) African American Firefighters Reaching Out (AAFRO) P. 0. Box 17617 FORT WORTH,H, TExAs 76102 81 7/265-0046