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HomeMy WebLinkAbout2005/08/23-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 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 10:17 a.m. on Tuesday, August 23, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall temporarily absent. Agenda Item H The invocation was given by Pastor Randy Hardisty, Trinity Cumberland Invocation Presbyterian Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Mayor Pro tem Silcox, seconded by Council Member Haskin, the Approval of minutes of the regular meeting of August 16, 2005 were approved unanimously Minutes eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V There were no special presentations or introductions. Special Presentations Agenda Item VI Council Member Burdette recognized his grandson, Robert Birdwell, who was Announcements in attendance in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 2 of 22 Council Member Espino announced that a Police Forum would be conducted this evening at Woodland Springs Elementary School at 12121 Woodland Springs Drive, at 7:00 p.m. He stated that representatives from the Fort Worth Fire Department would also be present and encouraged everyone in far north Fort Worth to attend the meeting. (Council Member Wheatfall assumed his chair at the dais.) Council Member Hicks announced that the Greenway Town Hall would be conducted this evening at Greenway Church, from 6:00 p.m. to 7:30 p.m. She added that representatives from the Neighborhood Policing Office, Code Compliance Department, and Traffic and Engineering Department would be present and encouraged everyone interested to attend. Council Member Hicks also stated that she was fortunate to have recently attended the birthday party of Sunshine Brooks who was a long-time resident of the Morningside area and extended well wishes to her. She expressed appreciation to Ms. Sandi Breaux, Mayor Pro tem Silcox's Council Aide, for making sure she was able to attend the event. Council Member Wheatfall expressed appreciation to everyone who attended the very successful Stop 6 Unity Concert and Barbecue Cookoff on August 20, 2005. He stated that over 1,500 people attended the event and that it was a wonderful display of unity and peace. He expressed appreciation to the Fort Worth Police Department for their assistance with the event. Mayor Moncrief commended the firefighters and police officers who provided excellent response to a fire on the north side of the City. He stated that Fort Worth was blessed to have the finest municipal employees. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from P-10215 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ P-10215 and C-20894 be withdrawn. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Mayor Pro Consent Agenda tem Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as amended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 3 of 22 OCS-1506 M&C OCS-1506 - 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-14888 M&C G-14888 - Adopting Resolution No. 3246-08-2005 supporting the Res. No. 3246-08- submittal of prioritized corridors to North Central Texas Council of 2005 Governments (NCTCOG) for consideration under the Phase 3.2 of the Support Submittal Thoroughfare Assessment Program. of Prioritized Corridors to NCTCOG G-14889 M&C G-14889 - Authorizing payment to TXU Electric Delivery Company in Pay TXU Electric the amount of $28,542.00 for the second relocation of overhead electric lines Delivery Company for the construction of West Rosedale Street from Forest Park Boulevard to for Utilities Main Street. G-14890 M&C G-14890 - Authorizing condemnation of a parcel of land in the Condemn Parcel McCowan Survey, Abstract 999, located north of Highway 287 and west of I- of Land Owned by 35W in North Fort Worth owned by Ellesmere Investment Corporation (DOE Ellesmere 3637); and authorizing the City Attorney to institute condemnation proceedings Investment Corp. to acquire the interest in the land. G-14891 M&C G-14891 — Authorizing institution of condemnation proceedings to Condemn Parcel acquire a parcel of land in the David Odum Survey, Abstract 1184, located of Land Located south of Cantrell Sansom Road and west of I-35W in North Fort Worth owned in N. FW Owned by Dale A. Heflin and Shelley K. Heflin (DOE 3637); and authorizing the City by Dale A. and Attorney to institute condemnation proceedings to acquire the interest in the Shelley K. Heflin land. P-10216 M&C P-10216 - Authorizing a purchase agreement for trash container service Trash Container from Republic Waste Services of Texas, LTD., d/b/a Duncan Disposal based on Service best value with payment terms of net 30 days; and authorizing the agreement to begin on August 23, 2005 and expire August 22, 2006, with options to renew for two additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 4 of 22 P-10217 M&C P-10217 - Authorizing a purchase agreement with Quicknet, Inc., for Return Envelopes return envelopes for the Water Department based on low bid with freight included in unit cost and payment due 30 days after receipt of invoice; authorizing the agreement to begin August 30, 2005, and expire August 29, 2006, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". PZ-2606 M&C PZ-2606 - Adopting Ordinance No. 16547-08-2005 vacating a 12-foot Ord. No. 16547- wide by 196 foot long alley from a point at the east right-of-way line of Photo 08-2005 Street to a point in the west boundary line of Block B of the Spring Park Vacate Alley in Addition and being adjacent to Lots 1-5 and 6-10, Block 9 of the Brooklyn Brooklyn Heights Heights Addition to the City of Fort Worth, Tarrant County, Texas (VA-05- Addition 016). C-20911 M&C C-20911 - Authorizing execution of a public right-of-way Use Hollis R. Sullivan, Agreement granting Hollis R. Sullivan, Inc., a license to use certain Public Inc. Rights-of-Way of the City of Fort Worth for the purpose of constructing, maintaining and operating natural gas pipelines. C-20912 M&C C-20912 - Authorizing execution of a public right-of-way Use West Fork Agreement granting West Fork Pipeline Company, LP, a license to use certain Pipeline Company, Public Rights-of-Way of the City of Fort Worth for the purpose of constructing, LP maintaining and operating a natural gas pipeline. C-20913 M&C C-20913 -Authorizing execution of the first option to renew the contract J&S Audio Visual for a term of one year with J&S Audio Visual as the exclusive provider for ballroom rigging and the preferred provider for audio visual services for exhibitors and facility users of the Fort Worth Convention Center to begin October 1, 2005, and expire September 30, 2006; and authorizing an amendment to the contract to authorize the City Manager, in lieu of the City Council, to execute the two remaining renewal options in order to expedite the renewal process. C-20914 M&C C-20914 — Authorizing the City Manager to transfer $62,272.50 from the Ord.No. 16548-08- Water and Sewer Operating Fund to the Water Capital Project Fund in the 2005 amount of $49,818.00 and Sewer Capital Project Fund in the amount of Change Order No. $12,454.50; adopting Appropriation Ordinance No. 16548-08-2005 increasing 1 to CSC No. 31733 estimated receipts and appropriations in the Water Capital Project Fund in the with Austin Bridge amount of $49,818.00 and the Sewer Capital Project Fund in the amount of & Road, L.P. $12,454.50 from available funds for the purpose of funding Change Order No. 1 to the City Secretary Contract No. 31733 with Austin Bridge & Road, L.P., CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 5 of 22 for HMAC Surface Overlay 2005-6 at various locations; and authorizing the City Manager to execute Change Order No. 1 to City Secretary Contract No. 31733 with Austin Bridge & Road, L.P., in the amount of $103,787.50 for HMAC Surface Overlay 2005-6 at various locations, thereby increasing the contract amount to $726,422.90. C-20915 M&C C-20915 - Authorizing the execution of Change Order No. 13 to City Change Order No. Secretary Contract 28376, a construction contract with Archer Western 13 to CSC No. Contractors, Ltd., for construction of the Village Creek Wastewater Treatment 28376 with Archer Plant High Rate Clarification Improvements Project in the amount of Western $407,035.48, thereby increasing the contract amount to $33,664,192.33. Contractors, Ltd. C-20916 M&C C-20916 - Authorizing execution of an agreement between the City of Crowley ISD, CL Fort Worth, Crowley Independent School District (ISD), CL Texas, L.P., Fort Texas, L.P., Fort Worth & Crowley Partners, Ltd., and WB 358 Partners, L.P., for the Worth and construction of the Summer Creek Approach Sewer Main. Crowley Partners, Ltd., and WB 358 Partners, L.P. C-20917 M&C C-20917 - Authorizing the execution of a Professional Services NTB Associates, Agreement with NTB Associates, Inc., in the amount of $48,686.00 for the Inc. design and preparation of construction documents for erosion and drainage control at the south end of Forest Park and replacing the existing parking lot at the southeast corner of University Drive and Colonial Parkway. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution approving the FY 2005-2006 Budget for Res.No. 3247-08- Dallas/Fort Worth (DFW) International Airport. Mayor Pro tem Silcox made a 2005 motion, seconded by Council Member Haskin, that Resolution No. 3247-08- Approve FY 2005- 2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) 2006 Budget for nays. DFW International Airport Agenda Item XI There was presented a resolution Nominating Target Corporation ("Target") Res.No. 3248-08- and LG Electronics Alabama, Inc. ("LG") as Enterprise Projects Pursuant to the 2005 Texas Enterprise Zone Act, Chapter 2303, of the Texas Government Code. Nominate Target and LG as Council Member Wheatfall asked if a performance matrix or auditing provision Enterprise Projects was in place to measure compliance with provisions of the enterprise project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 6 of 22 Ms. Ossana Hemosillo, Economic Development Specialist, stated that this was solely a State program and compliance was performed by the State and the respective company. She added that entities not meeting project provisions did not receive the maximum benefit. Council Member Wheatfall asked what criteria was in place if requirements were not met. He asked City Manager Boswell to have staff provide a report to the Council on provisions of this enterprise zone tool. He added that the mandates the State impose on enterprise projects should be the same as the City'S. Council Member Davis made a motion, seconded by Council Member Burdette, that Resolution No. 3248-08-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XII There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XIII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XV—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council set today as the date for a public hearing on G-14892 the FY 2005-2006 Budget and Five-Year Service Plan for Fort Worth Public Ord. No. 16549- Improvement District Number 1 (Downtown), authorize transfer of City's 08-2005 payment in-lieu of services, adopt appropriation ordinance, adopt proposed FY 2005-06 2005 Assessment Roll, set benefit hearing, authorize transfer for administrative Budget and Five- fees and authorize execution of a contract with Downtown Fort Worth, Inc., to Year Service Plan provide management services for the district. Mayor Moncrief opened the for PID No. 1 public hearing and asked if there was anyone present desiring to be heard. (Downtown) Ms. Jenny Townsend, Assistant City Treasurer, representing the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14892 as follows: There was presented Mayor and Council Communication No. G- 14892 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY2005-2006; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 7 of 22 2. Approve the budget and five-year service plan for FY 2005-2006 as recommended by the Advisory Board of Fort Worth Public Improvement District Number 1 (PID No. 1) and approve adding to the FY 2005-2006 budget, as contingency, any unencumbered revenues from PID No. I assessments from prior years; 3. Authorize the transfer of $125,092.00 for City's payment in-lieu of services, from the General Fund to the Special Assessment District Fund PID No. 1, FY 2005-06 Project account; 4. Adopt Appropriation Ordinance No. 16549-08-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $125,092.00 from available funds contingent upon the adoption of the Fiscal Year 2005-2006 budget for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown); 5. Adopt the proposed 2005 assessment roll; 6. Set Benefit Hearing for Tuesday, September 13, 2005, at 7:00 p.m. in the City Council Chamber; 7. Authorize the transfer of$22,960.00 for administrative fees from the Special Assessment District Fund, PID No. 1, FY 2005-06 Project account to the General Fund; and 8. Authorize the City Manager to execute a contract with Downtown Fort Worth, Inc., to provide improvements and services in the PID No. 1 during FY 2005-06 for the sum of$1,644,112. Mayor Pro tem Silcox asked if audits were performed on the effectiveness of the PIDs. Ms. Townsend stated that audits were performed on PID Nos. 1 and 8 this year and that audits were planned to be performed every three years on each PID. Council Member Espino stated he would like to have information presented on how PIDs promoted outreach programs in their areas and how the City was marketing downtown to attract specific cultural events. 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 Silcox, that the public hearing be closed and Mayor and Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 8 of 22 Communication No. G-14892 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Haskin commended members of the Downtown PID Board for their efforts in making Downtown Fort Worth a popular attraction for not only residents, but also visitors from other cities, states and countries. Public Hearing It appeared that the City Council set today as the date for a public hearing on G-14893 the FY 2005-2006 Budget and Five-Year Service Plan for FY 2005-2006 for Ord.No. 16550-08- Fort Worth Public Improvement District (PID) Number 6 (Park Glen), 2005 authorize transfer of City's payment in-lieu of services, adopt appropriation FY 2005-06 Budget ordinance, adopt proposed 2005 assessment roll, set benefit hearing, authorize and Five-Year transfer for administrative fees and authorize execution of a contract with Service Plan for Premier Communities, to provide management services for the District. Mayor FY2005-06 for PID Moncrief opened the public hearing and asked if there was anyone present No. 6 (Park Glen) desiring to be heard. Ms. Jenny Townsend, Assistant City Treasurer, representing the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14893 as follows: There was presented Mayor and Council Communication No. G-14893 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2005-06; 2. Approve the budget and service plan for FY 2005-06 as recommended by the Advisory Board of Public Improvement District Number 6 (PID No. 6) and approve adding to the FY 2005-06 budget, as contingency, any unencumbered revenues from the PID 6 assessments from prior years; 3. Authorize the transfer of$52,050.00 for the City's payment in-lieu of services, from the General Fund to the Special Assessment District Fund, PID No. 6, FY 2005-06 Project account; 4. Adopt Appropriation Ordinance No. 16550-08-2005 increasing estimated receipts and appropriations in the Special Assessment District Funds contingent upon the adoption of the Fiscal Year 2005- 2006 budget for the purpose of funding improvements and services in PID No. 6 (Park Glen); 5. Adopt the proposed 2005 assessment roll; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 9 of 22 6. Set Benefit Hearing for Tuesday, September 13, 2005, at 7:00 p.m. in the City Council Chamber; 7. Authorize the transfer of$22,467.00 for administrative fees from the Special Assessment District Fund, PID No. 6, FY 2005-06 Project account to the General Fund; and 8. Authorize the City Manager to execute a contract with Premier Communities to provide improvements and services in the PID No. 6 during FY 2005-06 for the sum of$1,175,388.00. There being no one present desiring to be heard in connection with the public hearing, Council Member Haskin made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14893 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 on G-14894 the FY 2005-06 Budget and Five-Year Service Plan for Fort Worth Public Ord. No. 16551- Improvement District Number 7 (Heritage), authorize transfer of City's 08-2005 payment in-lieu of services, adopt appropriation ordinance, adopt proposed FY 2005-06 2005 assessment roll, set benefit hearing, authorize transfer for administrative Budget and Five- fees, and authorize execution of a contract with Premier Communities, to Year Service Plan provide management services for the District. Mayor Moncrief opened the for Fort Worth public hearing and asked if there was anyone present desiring to be heard. PID No. 7 (Heritage) Ms. Jenny Townsend, Assistant City Treasurer, representing the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14894 as follows: There was presented Mayor and Council Communication No. G-14894 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2005-06; 2. Approve the budget and five-year service plan for FY 2005-06 as recommended by the Advisory Board of Fort Worth Public Improvement District Number 7 (PID No. 7) and approve adding to the FY 2005-06 budget, as contingency, any unencumbered revenues from the PID 7 assessments from prior years; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 10 of 22 3. Authorize the transfer of$46,352.00 for the City's payment in-lieu of services from the General Fund to the Special Assessment District Fund, PID No. 7, FY 2005-06 project account; 4. Adopt Appropriation Ordinance No. 16551-08-2005 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $46,352.00 from available funds contingent upon the adoption of the Fiscal Year 2005-2006 budget for the purpose of funding improvements and services in PID No. 7 (Heritage); 5. Adopt the proposed 2005 assessment roll; 6. Set Benefit Hearing for Tuesday, September 13, 2005, at 7:00 p.m. in the City Council Chamber; 7. Authorize the transfer of $9,829.00 for administrative fees from the Special Assessment District Fund, PID No. 7, FY 2005-06 project account to the General Fund; and 8. Authorize the City Manager to execute a contract with Premier Communities to provide improvements and services in the PID No. 7 during FY 2005-06 for the sum of$715,087.00. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14894 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 on G-14895 the FY 2005-2006 Budget and Five-Year Service Plan for Fort Worth Public FY 2005-06 Improvement District Number 8 (Camp Bowie), adopt proposed 2005 Budget and Five- assessment roll, set benefit hearing, authorize transfer for administration fees, Year Service Plan and authorize execution of a contract with Historic Camp Bowie, Inc., to for Fort Worth provide management services for the District. Mayor Moncrief opened the PID No. 8 (Camp public hearing and asked if there was anyone present desiring to be heard. Bowie) Ms. Jenny Townsend, Assistant City Treasurer, representing the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14895 as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 11 of 22 There was presented Mayor and Council Communication No. G-14895 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for FY 2005-06; 2. Approve the budget and five-year service plan for FY 2005-06 as recommended by the Advisory Board of Fort Worth Improvement District Number 8 (PID No. 8) and approve adding to the FY 2005-06 budget, as contingency, any unencumbered revenues from the PID No. 8 assessments from prior years; 3. Adopt the proposed 2005 assessment roll; 4. Set Budget Hearing for Tuesday, September 13, 2005, at 7:00 p.m. in the City Council Chamber; 5. Authorize the transfer of $5,835.00 for administrative fees from the Special Assessment District Fund, PID No. 8, FY 2005-06 project account to the General Fund; and 6. Authorize the City Manager to execute a contract with Historic Camp Bowie, Inc., to provide improvements and services in the PID No. 8 during FY 2005-06 for the sum of$590,835.00 Roger Duck Mr. Roger Duck, owner of a business at 6471 Camp Bowie Boulevard, appeared before Council in opposition of the budget and five year service plan for PID No. 8. He stated that although he applauded the efforts to revitalize the area, he was concerned that the budget did not direct how the expenditures should occur. He expressed his concern with the over $590,000.00 increase from previous year; ratio of expenditures; and $400,000.00 budget for Capital Improvements with no documentation reflecting how the money had been expended over the past four years. He urged Council to review the budget carefully. Council Member Burdette asked Mr. Duck if he had expressed his concerns to the PID Board and Mr. Duck stated that he had asked the board for this information. Mr. Duck added that he was a member of the board for approximately a year and his position on the budget was well known. He further stated that he had just received the latest information on the budget, but had not contacted anyone on the board to discuss his concerns. He emphasized that he had looked at a copy of the audit but had difficulty following the expenditures. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 12 of 22 Brandy O'Quinn Ms. Brandy O'Quinn, 6100 Camp Bowie Boulevard, Suite 23, President of Historic Camp Bowie, Inc., appeared before Council in support of the PID. She stated that she had responded to Mr. Duck's concerns on August 20, 2005. She added that when the notices went out to the members of the PID, they did not include a breakdown of the budget that had been provided to the Council. She further stated that the PID operated with very limited dollars and they have used a combination of bond money and various grants to make improvements in the PID as the board sought other opportunities to fund improvements without having to rely on their budget. Mayor Pro tem Silcox stated that all participants in the PID should have access to all the information affecting the PID, to include the entire budget. (Council Member Wheatfall stepped away from the dais.) Bob West Mr. Bob West, 301 Commerce Street, Suite 3500, appeared before Council in support of the PID. He assured the Council that there had been no improprieties in which the budget was managed. He responded to Council Member Espino's inquiry relative to marketing specific cultural events by stating that the 2005 Jazz by the Boulevard Festival to be held September 16- 18, 2005, would feature Latino Jazz on September 16, 2005. Council Member Burdette commended Mr. West and other members serving on the PID Board for all their good work to revitalize the area. There being no one else present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14895 be adopted. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on G-14896 the FY 2005-06 Budget and Five-Year Service Plan for Fort Worth Public FY 2005-06 Improvement District (PID) Number 11 (Stockyards), adopt proposed 2005 Budget and Five- assessment roll, set benefit hearing date, authorize transfer for administration Year Service Plan fees and authorize execution of a contract with Fort Worth Stockyards for Fort Worth Preservation Foundation, Inc., to provide management services for the District. PID No. 11 Mayor Moncrief opened the public hearing and asked if there was anyone (Stockyards) present desiring to be heard. Ms. Jenny Townsend, Assistant City Treasurer, representing the Finance Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14896 as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 13 of 22 (Council Member Wheatfall returned to his chair at the dais.) There was presented Mayor and Council Communication No. G-14896 from the City Manager recommending that the City Council approve: I. Hold a public hearing concerning the budget and five-year service plan for FY 2005-06; 2. Approve the budget and five-year service plan for FY 2005-06 as recommended by the Advisory Board of Public Improvement District Number 11 (PID No. 11) and approve adding to the FY 2005-06 budget, as contingency, any unencumbered revenues from PID No. I I assessments from prior years; 3. Adopt the proposed 2005 assessment roll; 4. Set Benefit Hearing for Tuesday, September 13, 2005, at 7:00 p.m. in the City Council Chamber; 5. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund, PID No. 11, FY 2005-06 project account to the General Fund; and 6. Authorize the City Manager to execute a contract with the Fort Worth Stockyards Preservation Foundation, Inc., to provide improvements and services in the PID No. I I during FY 2005-06 for the sum of $88,000.00. 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 Burdette, that the public hearing be closed and Mayor and Council Communication No. G-14896 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10215 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-10215 - Authorize a Purchase Agreement for Wireless Voice Phone Services and Equipment with Cingular Wireless LLC, for the Information Technology Solutions Department, be withdrawn. (Council Member Hicks stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 14 of 22 PZ-2607 There was presented Mayor and Council Communication No. PZ-2607 from the Establish City Manager recommending that the City Council approve the annexation Timetable for timetable in order to annex 323.9 acres of land, or .50 square miles (more or Voluntary less) located north of I-30 and west of Chapel Creek Boulevard for full Annexation purposes in compliance with the requirements of Chapter 43 of the Local (AX-05-008, Government Code of the State of Texas; and direct staff to prepare a service Leonard Tract) plan that provides for the extension of full municipal services to the annexation area. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Hicks absent. PZ-2608 There was presented Mayor and Council Communication No. PZ-2608 from the Establish City Manager recommending that the City Council approve the annexation Timetable for Full timetable in order to annex approximately 4.2 acres of land, or .006 square Purpose miles (more or less), a portion of the Chapin Road right of way located west of Annexation Chapel Creek Boulevard for full purposes in compliance with the requirements (AX-05-009, of Chapter 43 of the Local Government Code of the State of Texas; and direct Chapin Road) staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Hicks absent. (Council Member Hicks returned to her chair at the dais.) PZ-2609 There was presented Mayor and Council Communication No. PZ-2609 from the Res. No. 3249-08- City Manager recommending that the City Council adopt a resolution closing a 2005 portion of Oscar Avenue in the J.M. Moody subdivision, adjacent to Lots 2 & Close Portion of 3, Block 34 and Lots 10 & 11, Block 33, from a point 160 feet south of NE Oscar Avenue in 32nd Street to a point 235 feet south of NE 32nd Street, subject to the J.M. Moody following: Subdivision (VA-05-018) 1) Access into the closed street be provided for maintenance of water, Street Closure sewer, electric, cable and telephone utility facilities, unless other satisfactory arrangements are made, including relocation at the applicant's expense; 2) The right-of-way be physically closed with an acceptable barricade or other satisfactory arrangements approved by the Department of Transportation and Public Works and; 3) A minimum 11-foot drive access shall remain unobstructed to serve adjacent lots. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 15 of 22 Council Member Espino stated that this closure and the closure associated with M&C PZ-2610 were safety control measures and would address the flooding issues experienced at these locations. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that Resolution No. 3249-08-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2610 There was presented Mayor and Council Communication No. PZ-2610 from the Res. No. 3250-08- City Manager recommending that the City Council adopt a resolution closing a 2005 portion of NE 32nd Street in the J.M. Moody Subdivision, adjacent to Lots 6 & Close Portion of 7, Block 33 and Lots 1 & 21, Block 36, from a point at Oscar Avenue to a point NE 32nd Street in at Hutchinson Street, subject to the following: J.M. Moody Subdivision 1. Access into the closed street be provided for maintenance of water, (VA-05-019 sewer, electric, cable and telephone utility facilities, unless other Street Closure) satisfactory arrangements are made, including relocation at the applicant's expense and; 2. The right-of-way be physically closed with an acceptable barricade or other satisfactory arrangements approved by the Department of Transportation and Public Works. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that Resolution No. 3250-08-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-20894 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20894, Authorize Execution of a Public Right-of-Way Use Agreement Granting West Fork Pipeline Company, LP, a License to Use Certain Public Right-of-Way for the Purpose of Constructing, Maintaining and Operating a Natural Gas Pipeline, be withdrawn. C-20918 There was presented Mayor and Council Communication No. C-20918 from the S07 No. 1 City Manager recommending that the City Council authorize the City Manager to execute an amendment to the Economic and Community Development Agreement and to the Enhanced Community Facilities Agreement with S07 No. 1 regarding the South of Seventh development project. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 16 of 22 C-20919 There was presented Mayor and Council Communication No. C-20919 from the Ord. No. 16552- City Manager recommending that the City Council authorize the City Manager 08-2005 to enter into an agreement with the University of North Texas Health Science University of Center(UNT HSC) to accept and receive grant funds from the State of Texas in North Texas the total amount of$2,200,000.00 to be distributed in equal payments from the Health Science State over two years beginning September 1, 2005; and adopt Appropriation Center Ordinance No. 16552-08-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,200,000.00, subject to receipt of the grant from the State of Texas, through the University of North Texas Health Science Center for the purpose of funding renovations to Guinn Elementary School and Tech Fort Worth program funding. Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-20920 There was presented Mayor and Council Communication No. C-20920 from the Second City Manager recommending that the City Council authorize the City Manager Amendment to to execute the second amendment to City Secretary Contract No. 28358 for the CSC No. 28358— collection of residential garbage, refuse and small bulky waste, recyclables, Waste certain commercial solid waste, yard waste, construction and demolition and Management of large brush and large bulky waste with Waste Management of Texas, Inc. Texas, Inc. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-20921 There was presented Mayor and Council Communication No. C-20921 from the Centex Homes City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes, a Nevada General Partnership by Centex Homes Real Estate Corporation, a Nevada Corporation, Managing General Partner, for the installation of water services to serve The Quarry, Phase 3, a future single-family home development, located in far north Fort Worth. Council Member Burdette advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Burdette abstaining. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 17 of 22 C-20922 There was presented Mayor and Council Communication No. C-20922 from the Walsh Ranches City Manager recommending that the City Council authorize the City Manager Limited to execute a Facilities Agreement for Walsh Ranch. Mayor Pro tem Silcox Partnership made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-20923 It appeared that the City Council set today as the public hearing to adopt an Public Hearing ordinance to designate Fort Worth Neighborhood Empowerment Reinvestment Ord. No. 16553- Zone Number 27 and authorize entering Tax Abatement Agreement with 08-2005 HCCO Camp Bowie, LLC, for property located at 3825 Camp Bowie HCCO Camp Boulevard in the West 7th Street/University Neighborhood Empowerment Zone. Bowie, LLC Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Odle, Administrative Assistant, representing the Housing Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. C-20923 as follows: There was presented Mayor and Council Communication No. C-20923 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of .5165 acres of land described as Block 5, Lots 4 & 5 (3825 Camp Bowie Blvd.), Hi Mount Addition, City of Fort Worth, Tarrant County, Texas, as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) Number 27; 2. Adopt Ordinance No. 16553-08-2005 amending Ordinance No. 15861 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number Fourteen of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number Twenty-Seven, City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and containing other matters related to the zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with HCCO Camp Bowie, LLC, are true and correct; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 18 of 22 4. Approve a five-year Municipal Property Tax Abatement for a property located at 3825 Camp Bowie Boulevard in the West 7th Street/University Neighborhood Empowerment Zone (NEZ) owned by HCCO Camp Bowie, LLC; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with HCCO Camp Bowie, LLC, for the property located at 3825 Camp Bowie Boulevard in the West 7th Street/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard, Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. C-20924 It appeared that the City Council set today as the public hearing to adopt an Continued for One ordinance to designate Fort Worth Neighborhood Empowerment Reinvestment Week Zone Number 28 and authorize entering Tax Abatement Agreement with Will Ed Wadley, for property located at 220 University Drive, in the West 7th/University Neighborhood Empowerment Zone. Ms. Sarah Odle, Administrative Assistant, representing the Housing Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. C-20924 as follows: There was presented Mayor and Council Communication No. C-20924 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of 3.9199 acres of land described as Block 3R, Lots AR1 and AR2 (220 University Drive), Westgate (Fort Worth), City of Fort Worth, Tarrant County, Texas, as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ)Number 28; 2. Adopt an ordinance amending Ordinance No. 15861 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number 14 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number Twenty-Eight, City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and containing other matters related to the zone; pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 19 of 22 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Will Ed Wadley are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 220 University Drive in the West 7th/University Neighborhood Empowerment Zone (NEZ) owned by Will Ed Wadley; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with Will Ed Wadley for the property located at 220 University Drive in the West 7th/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. Council Member Davis expressed concern with the history on this item. She stated that the case was reviewed by the City Zoning Commission a while ago, but could not recall if the site was approved for Planned Development. She added that there were concerns about landscaping and fencing, as well as other issues related to the site, and asked staff if the zoning was approved. Mr. Bob Riley, Development Department Director, stated that he could not recall the conditions of approval, but would provide the information to Council. Ms. Odle stated that she had a copy of the site plan and would provide a copy to the Council. There being no one present desiring to be heard, Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-20924 be continued for one week to allow staff to respond to Council Member Davis' inquiries. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVI It appeared that the City Council set today as the date for the public hearing in Public Hearing on connection with the proposed Ad Valorem Tax Rate for Fiscal Year 2005/2006. Proposed Ad Mayor Moncrief opened the public hearing and asked if there was anyone Valorem Tax Rate desiring to be heard. for FY 2005/2006 There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until Council adopted the tax rate. Agenda Item XVII It appeared that the City Council set today as the date for hearing in connection Budget Hearing with the proposed Fiscal Year 2005-2006 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 20 of 22 There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until Council adopted the budget. AGENDA ITEM XVIII — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-115 It appeared that the City Council, at its meeting of August 16, 2005, continued Returned to the the hearing of the application of 820/30 Interchange for a change in zoning of City Zoning property located in the 9800 block of West Point Boulevard from "C" Medium Commission Density Multi-Family; "E" Neighborhood Commercial and "F" General Commercial to (Tract I) "A-5" One-Family Residential; (Tract 11) "C" Medium Density Multi-Family; (Tract I11) "E" Neighborhood Commercial; (Tract IV) "F" General Commercial, Zoning Docket No. ZC-05-115. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Burdette stated that a representative of the applicant had met with the City staff on this zoning case and that it was agreed to return the case to the City Zoning Commission to address zoning questions. There being no one else present desiring to be heard in connection with the application of 820/30 Interchange, Council Member Burdette made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-115 be returned to the City Zoning Commission. The motion carried unanimously. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on August 5, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-129A Council Member Wheatfall made a motion, seconded by Council Member Approved Davis, that the application of City of Fort Worth for a change in zoning of various addresses from "A-5", "A-7.5" One-Family Residential; and "B" Two- Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 05-129A, be approved. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Wheatfall made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23, 2005 PAGE 21 of 22 ORDINANCE NO. 16554-08-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS'; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Item XIX There were no citizen presentations. Citizen Presentations Agenda Item XX It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:10 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) Stepanie Dukes, et al. v Phillip Johnson, et al., Cause No. 141- 207538-04; b) Legal issue concerning City Hall security; 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 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 CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING AUGUST 23,2005 PAGE 22 of 22 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:08 p.m. Agenda Item XXI There being no further business, the meeting was adjourned at 12:08 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 301' day of August, 2005. Attest: Approved: Marty Hendr Michael J. oncrie City Secretary Mayor