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HomeMy WebLinkAbout2005/08/16-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 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 10:14 a.m. on Tuesday, August 16, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Hicks temporarily absent. Agenda Item H The invocation was given by Pastor Demetrius Warren, Bethel Salter AME. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Mayor Pro tem Silcox, seconded by Council Member Davis, the Approval of minutes of the regular meeting of August 9, 2005 were approved unanimously Minutes eight(8) ayes to zero (0) nays, with Council Member Hicks absent. (Council Member Hicks assumed her chair at the dais.) Agenda Item V City Manager Boswell brought attention to a series of frightening events that Special occurred on August 10, 2005 relative to the discharging of a firearm inside City Presentations Hall. He stated that several City employees needed to be recognized for their quick response to the incident and asked respective Department Directors to introduce their staff involved in the incident. Karen Marshall, Human Resources Director Ms. Olga Narez CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 2 of 19 Dr. Deborah Cuffee Police Chief Ralph Mendoza Officer John McGee Officer Tammy Robinson Corporal Robert Coe Lieutenant Gene Jones Fire Chief Charles Gaines Lieutenant Craig Ladkin Fire Engineer Archie Moore Fire Fighter Greg Clark Fire Fighter Greg McKenzie Fire Fighter Jerry Alvarado Captain Gary Rhodes City Marshal Jesse Hernandez Deputy Trevoy Lenear Deputy Demetrius Warren Deputy Clay Smith Deputy Danny Sisk Sergeant Ricky Estorga City Manager also recognized the efforts of the City's Public Information staff and their director, Eileen Houston-Stewart. Mayor Moncrief commended the professionalism and immediate response exhibited by everyone involved with the incident. He asked for patience from the public conducting business at City Hall, as well as City employees, as the City underwent security changes at both ends of City Hall. Mayor Moncrief also expressed appreciation that Bob Riley, Development Department Director, was not injured during the incident. Council Member Wheatfall extended gratitude to everyone involved with the security of the City Hall facility. He expressed appreciation to the City Marshals for the security they provided to City Hall and for escorting Council Members to their vehicles in the parking area after evening Council meetings. Council Member Jordan echoed the remarks of Mayor Moncrief and Council Member Wheatfall and stated that he had observed City Marshals doing their job on several occasions during the time he had served on various boards. He added they were very effective at calming the public down. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 3 of 19 Mr. Brian Boerner, 2005 Food Drive Chair and Environmental Management Department Director, announced the results of the 2005 Employee Food Drive benefiting the Tarrant County Area Food Bank. Mr. Boerner stated that the City exceeded its 2004 contribution by 35 percent and donated 117,000 pounds of food for 2005. Mr. Bo Soderbergh, Executive Director, Tarrant Area Food Bank, expressed appreciation to the City for their contribution and stated that the 117,000 pounds of food would provide 143,000 meals. Mr. Boerner recognized Departmental Coordinators for the food drive and expressed appreciation for their hard work. He also expressed appreciation to Ms. Linda Holcomb for her assistance with the 2005 food drive. Mr. Boerner presented plaques to the following departments for attaining the highest contributions in the respective categories: Most Pounds of Food Per Employee: Community Relations Department Most Pounds of Canned Food Collected: Parks & Community Services Department Most Amount of Cash Dollars Contributed: Environmental Management Department Agenda Item VI Council Member Burdette announced that the Westside Lions Club Ranger Announcements Baseball Team, Junior Division, was playing in Michigan in the Little League World Series and wished them well on their way to a championship. Council Member Wheatfall announced that Saturday, August 20, 2005, the first Annual Stop 6 Unity Concert would be held at the Rosedale Plaza Park. He added that registration for the barbeque cook-off would be from 9:00 a.m. to 11:00 a.m. and that the free concert would be from Noon to 4:00 p.m. Council Member Hicks stated that she and Council Member Wheatfall attended a very successful Youth Town Hall meeting on August 6, 2005, at O.D. Wyatt High School. She also stated that she and Council Members Espino and Haskin attended the Riverside Rebuilding Corporation event. She announced that the Greenway Town Hall would be conducted at Greenway Church on August 23, 2005, from 6:00 p.m. to 7:30 p.m. and that representatives from the Police Department and Code Compliance Department would be present to answer questions and an update on street improvements in the area would be provided. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 4 of 19 Council Member Davis stated that the Linwood neighborhood was undergoing development and therefore, property had become very valuable. She stated that several property owners had been approached by developers to sell their property, but that the information given to property owners by the developers was not factual. She expressed appreciation to the Community Relations Department and the Code Compliance Department for taking the initiative to visit the neighborhood and explain to Spanish speaking citizens their rights as property owners. Council Member Espino announced that a Police Forum would be conducted at the Woodland Springs Elementary School at 12121 Woodland Springs Drive, on August 23, 2005 at 7:00 p.m. He asked that everyone interested attend and express their concerns. Agenda Item VII Mayor Pro tem Silcox requested that Mayor and Council Communication No. Withdrawn from P-10212 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-20894 be continued for one week and that G-14887 be continued until Withdrawn By September 6, 2005. Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as amended and as follows: OCS-1504 M&C OCS-1504 - 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-14885 M&C G-14885 - Authorizing a Settlement Agreement of $89,045.00 to the Settlement City's CDBG line of credit to settle a portion of the United States Housing and Agreement with Urban Development Department(HUD)for the Evans and Rosedale Audit. HUD for Evans and Rosedale HUD Audit P-10209 M&C P-10209 - Authorizing purchase agreements for polyvinyl chloride water Polyvinyl Chloride and sewer pipe with Act Pipe and Supply and Municipal Water Works Supply Water/Sewer Pipe for the Water Department based on the low bid of unit prices. Payment will be CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 5 of 19 due 30 days after receipt of invoice; and authorizing the agreements to begin August 16, 2005, and expire August 15, 2006, with options to renew for two additional one-year periods. Act Pipe & Supply Corp. Items 1 thru 11 Municipal Water Works Supply Items 12 thru 15 P-10210 M&C P-10210 - Authorizing a purchase agreement for steel, aluminum and Steel,Aluminum iron with C.F. Metals, Inc., for the City of Fort Worth based on the sole bid of and Iron discount and unit prices. Payment is due 30 days after receipt of invoice and freight is included in the bid; authorizing this agreement to begin August 16, 2005, and expire August 15, 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." P-10211 M&C P-10211 - Authorizing the purchase of a multizone air handler unit from Multizone Air Texas Air Systems for the Transportation/Public Works Department, based on Handler Unit best value, for an amount not to exceed $31,257.00, with payment due 30 days from invoice date. P-10213 M&C P-10213 - Authorizing the purchase of a new Derrick Boom Truck from Derrick Boom a Houston Galveston Area Council Contract for the Transportation/Public Truck Works Department as listed below for a cost not to exceed $104,114.00, with payment due within 30 days of the date of the invoice. Freight is included in the unit price. Description Extended Total HGAC Contract, 11-03.3, Grande Truck Center 1 ea. 2005 Sterling derrick truck $104,114.00 P-10214 M&C P-10214 - Authorizing the purchase of one new International dump truck International cab and chassis from Southwest International, Inc., as settlement of a Water Dump Truck Cab Department claim against International Truck and Engine Corporation. The and Chassis total cost for this purchase is not to exceed $56,782.77. Payment is due 30 days from date the invoice is received. C-20903 M&C C-20903 - Authorizing the City Manager to execute a Purchase Order Jamail Constr. with Jamail Construction Company, Inc., in the amount of $31,501.00 to Company, Inc. renovate Fire Station No. 22 to provide a female restroom facility. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 6 of 19 C-20904 M&C C-20904 - Authorizing the City Manager to execute a contract with 7RH JRH Architects, Architects, Inc., for a fee of $58,800.00 for the design of a Spay and Neuter Inc. Surgical Clinic for the City's existing Animal Care and Control Center. C-20905 M&C C-20905 - Authorizing the City Manager to execute a renewal of the Ord. #16546-08- Interlocal Agreement with the Fort Worth Independent School District 2005 (FWISD) for the City to provide a School Attendance Court to adjudicate Fort Worth School FWISD truancy cases; authorizing the City Manager to accept reimbursement District from the FWISD in the amount of$616,227.00 for all personnel and other costs associated with operation of the above-mentioned School Attendance Court in FY2005-2006; and adopting Appropriation Ordinance No. 16546-08-2005 increasing estimated receipts and appropriations in the general fund in the amount of $616,227.00 from available funds for the purpose of funding the renewal of an interlocal agreement with the Fort Worth Independent School District to provide an attendance court to adjudicate FWISD truancy cases. C-20906 M&C C-20906 - Authorizing the City Manager to execute a contract with the Woodrose Woodrose Company, Inc., for the installation of Physical Protection Systems at Company, Inc. various Water Department facilities for $641,762.00. The motion carried. End of Consent Agenda. Agenda Item X There was presented Resolution No. 3241-08-2005 reaffirming the City of Fort Res. #3241-08- Worth's support for the Wright Amendment and in support of bringing new 2005 and/or expanded air service to the Dallas/Fort Worth International Airport. Reaffirm CFW's Support for At Mayor Moncrief s request, City Secretary Hendrix read the resolution in its Wright entirety into the record. Amendment and Support New Ms. Rosa Navejar, 1327 N. Main Street, appeared before Council in support of Expanded Air the resolution and expressed appreciation for the Council's unanimous support Service to DFW of this issue on behalf of the Hispanic Chamber of Commerce and the International Dallas/Fort Worth International Airport Board. Airport Rosa Navejar Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that Resolution No. 3241-08-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 7 of 19 Mayor Moncrief acknowledged the presence of former City Council Member and Chairman of the Dallas/Fort Worth International Airport Board Jeff Wentworth in the audience and expressed appreciation to him for his leadership on the board. Agenda Item XI There was presented a resolution proposing the ad valorem tax rate for Fiscal Moved to End of Year 2005/06 and setting public hearing dates on the tax rate. Agenda City Manager Boswell requested that this item be moved to the end of the agenda. Agenda Item X111 There were no changes presented by the City Council in memberships in the Changes in City's boards and commissions. Membership on Boards and Commissions Agenda Item X112 There was presented Resolution No. 3242-08-2005 adopting amended City Res. #3242-08- Council Rules of Procedures of the City of Fort Worth. 2005 Amend Rules of City Attorney Yett requested that Section 5.4.4 relative to the timing of Procedures of City scheduled citizen presentations, be amended in its entirety as follows: Council "5.4.4 Citizen presentations scheduled in accordance with Section 5.3 of these rules shall be listed and heard under the "Citizen's Presentations" portion of the agenda, along with other citizens who have completed speaker's cards in the form prescribed by the City Secretary and whose presentations do not relate to a specific agenda item. The chair shall have the discretion to call for all or a portion, of the citizen presentations to be made at an earlier or later part of the agenda however the chair may give consideration to allow citizens who request to be placed on a City Council agenda by 12:00 noon on Thursday before the Council meeting to address the City Council at an earlier time during the City Council meeting. Responses to citizen's presentation by the City Council and staff shall be in accordance with Texas Open Meetings Act requirements. If a citizen or City Council member raises a subject that has not been included in the public notice for the meeting, a response may consist only of a statement of specific factual information or a recitation of existing policy. Any further discussion of the subject shall be limited to a proposal to place the subject on the agenda for a future meeting for deliberation or decision." CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 8 of 19 Council Member Jordan made a motion, seconded by Council Member Davis, that the resolution be adopted. Council Member Wheatfall expressed concern with Section 7.1 relative to standing City Council Committees being appointed by the Mayor. He made a substitute motion, seconded by Council Member Haskin, that the membership and chairs of the standing committees shall be appointed by the Mayor, subject to approval of the Council. Council Member Espino asked City Attorney Yett how the proposed appointments of standing committees was addressed in the City Charter. City Attorney Yett stated that this issue had been researched and that the City Charter did not prescribe the method of appointment of standing committees. He added that it had always been a matter of the Council Rules of Procedure. Council Member Espino stated that he was assured that there were sufficient safeguards available to amend the rules of procedure and therefore would honor his commitment to move forward with this issue and support the adoption. Council Member Wheatfall cautioned the Council that nowhere in the Rules of Procedure did it allow for the Mayor to unilaterally appoint without approval of the City Council. He added that he was deeply disturbed by a rule where the Council did not have approval and questioned why the Council had a rule that required six votes to overturn an issue when the norm should be that everything was approved by the Council. The substitute motion failed four (4) ayes to (5) nays, with Mayor Moncrief, and Council Members Espino, Jordan, Burdette, and Davis casting the descending votes. Council Member Jordan amended his original motion, and Council Member Davis amended her second, that the resolution be adopted as amended by staff relative to Section 5.4.4. The motion carried five (5) ayes to four (4) nays, with Mayor Pro tem Silcox, and Council Members Haskin, Wheatfall, and Hicks casting the descending votes. Council Member Espino stated that they would have a City Charter review presentation on August 23, 2005, and urged the Council to look at the Charter review very seriously. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 9 of 19 Council Member Wheatfall stated that the Council served on a Council- Manager form of government by City Charter and that the Council needed to maintain and operate inside of that City Charter. He added that without full Council approval, it sets a precedence to trust the decision of the Mayor. Council Member Jordan stated that changes to procedure were accomplished by a simple majority of the Council and that to initiate change was always under the jurisdiction of the Council. Mayor Pro tem Silcox requested that the procedures be reviewed in six months to determine their efficacy. Mayor Moncrief stated that former mayors and other municipalities in Texas and across the country were contacted on Council procedures. He stated that Fort Worth's Council procedures were no different than those of other cities. He added that if the Council at any time felt he was abusing his authority as Mayor then certainly the Council could reverse his action. He added that there was a general consensus that the committee process worked. (Council Member Espino stepped away from the dais.) Agenda Item XIII Mayor Moncrief appointed memberships to the following standing Council Presentations by Committees: City Council Central City Revitalization & Economic Development Council Member Wendy Davis— Chair Council Member Carter Burdette—Vice Chair Council Member Salvador Espino Mayor Pro tem Chuck Silcox Council Member Becky Haskin Council Member Donavan Wheatfall Council Member Jungus Jordan Council Member Kathleen Hicks Mayor Mike Moncrief Legislative & Intergovernmental Affairs Council Member Salvador Espino—Chair Council Member Jungus Jordan—Vice Chair Council Member Donavan Wheatfall Council Member Wendy Davis CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 10 of 19 Infrastructure & Transportation Council Member Jungus Jordan— Chair Mayor Pro tem Chuck Silcox—Vice Chair Council Member Carter Burdette Council Member Salvador Espino Environment/Neighborhood& Community Services Council Member Becky Haskin—Chair Council Member Kathleen Hicks—Vice Chair Council Member Carter Burdette Council Member Donavan Wheatfall Mayor Moncrief stated that Council would review these appointments in six months to ascertain if the system was not working to the satisfaction of the majority of the Council or if changes needed to be made. He further stated that the committees would begin meeting in September 2005 and that the City Manager or an Assistant City Manager would be visiting with each committee to determine scheduling preferences. Agenda Item XIV2 There was presented Mayor and Council Communication No. OCS-1505 from OCS-1505 the Office of the City Secretary recommending that the City Council adopt Res. #3243-08- Resolution No. 3243-08-2005 setting the regular zoning hearing for September 13, 2005 2005. Mayor Pro tem Silcox made a motion, seconded by Council Member Setting Regular Davis, that Resolution No. 3243-08-2005 be adopted. The motion carried eight Zoning Hearing (8) ayes to zero (0) nays, with Council Member Espino absent. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-14886 There was presented Mayor and Council Communication No. G-14886 from Res. #3244-08- the City Manager recommending that the City Council approve Resolution No. 2005 3244-08-2005 authorizing the City Manager to submit certain transportation Submit projects for funding through the Tarrant County Bond Program. Transportation Projects for Mayor Pro tem Silcox expressed concern with funding for quiet zones at Funding through railroad crossings. He asked staff to research the possibility of providing Tarrant County funding to eliminate the sounding of train horns at railroad crossings. Bond Program Council Member Davis made a motion, seconded by Council Member Burdette, that Resolution No. 3244-08-2005 be adopted. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 11 of 19 G-14887 It appeared that the City Council set today as the date for a public hearing on Public Hearing the Appeal of the Decision of the Historic and Cultural Landmarks Commission Continued Until to Deny a Certificate of Appropriateness application for the Property Located at September 6, 2005 1715 College Avenue. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Davis stated that upon request of the neighborhood association in the area, she would like to continue this item until September 6, 2005. She requested that staff give the same consideration in the setting of the appeal hearings as they do for the setting of the zoning hearings (evening meetings) so that interested citizens could attend. (Council Member Espino returned to his chair at the dais.) 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 and Mayor and Council Communication No. G- 14887 be continued until September 6, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10212 There was presented Mayor and Council Communication No. P-10212 from the Hand-Held Radar City Manager recommending that the City Council authorize the purchase of Speed Detection hand-held radar speed detection units and equipment from a Houston Galveston Units and Area Council (HGAC) Contract for the Police Department as listed below for a Equipment cost not to exceed $159,990.00, with payment due within 30 days of the date of the invoice. Freight is included in the unit price. Extended Description Unit Price Total HGAC Contract #EF04-05, Applied Concepts, Inc. 40 ea. Stalker Lidar radar and equipment $2,500.00 $100,000.00 35 ea. Stalker II Movers radar and equipment $1,714.00 $ 59,990.00 Total $159,990.00 Mayor Pro tem Silcox stated that a large amount of the 75 radar units purchased should be distributed to motorcycle officers. He added that the motorcycle officers enforced speed limits and therefore should be given the equipment to perform their job. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 12 of 19 City Manager Boswell stated that he would provide information on the actual distribution of the radar units to the Council. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10212 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14125 There was presented Mayor and Council Communication No. L-14125 from the Purchase Land City Manager recommending that the City Council, contingent upon receiving From TxDOT for sufficient funds from the adjacent landowner, authorize the purchase of land Lancaster located at Lancaster Avenue and Main Street, described as Surplus Property Corridor Project Tract 41-04 I.H. 30 from the Texas Department of Transportation (TxDOT) for Improvements the Lancaster Corridor Project Improvements. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Hicks casting the descending vote. C-20891 It appeared that the City Council set today as the continuation of a public Public Hearing hearing on the Designation of Fort Worth Neighborhood Empowerment Continued for Reinvestment Zone Number 23, and Authorize Tax Abatement Agreement with Two Weeks Zarif, Inc., for property located at 2721 8th Avenue, in the Berry/University Neighborhood Empowerment Zone. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Sarah Odle, representing the Housing Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. C-20891 as follows: There was presented Mayor and Council Communication No. C-20891 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of 0.1492 acre of land as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ)Number 23; 2. Adopt an ordinance amending Ordinance No. 15815 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number Thirteen of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number Twenty-Three, City of Fort Worth, Texas"; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 13 of 19 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Zarif, Inc., are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 2721 8th Avenue in the Berry/University Neighborhood Empowerment Zone (NEZ) owned by Zarif, Inc.; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with Zarif, Inc., for the property located at 2721 8th Avenue in the Berry/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. Council Member Davis stated that she would like to continue this item for two weeks to give the developer an opportunity to meet with the community and address their concerns. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that the public hearing and Mayor and Council Communication No. C-20891 be continued for two weeks. 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 Continued for One Communication No. C-20894, Authorize Execution of a Public Right-of-Way Week 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 continued for one week. C-20907 There was presented Mayor and Council Communication No. C-20907 from the Reduce Tax City Manager recommending that the City Council find that Minyard Food Abatement with Stores, Inc., has failed to meet certain commitments made in its tax abatement Minyard Food agreement with the City of Fort Worth (City Secretary Contract No. 22814); Stores, Inc. authorize the City Manager to reduce the percentage of tax abatement from 75 percent to 68 percent for the 2005 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. Council Member Hicks made a motion, seconded by Council Member Wheatfall, 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 16, 2005 PAGE 14 of 19 Council Member Wheatfall asked staff to provide information on the fiscal impact the reductions in tax abatements had on the businesses. He added that the reductions jeopardize the economic viability of the area and that Minyard's was already experiencing difficulty maintaining this store in the area. He also inquired if there was an appeal process that businesses could use. C-20908 There was presented Mayor and Council Communication No. C-20908 from the Reduce Tax City Manager recommending that the City Council find that Motorola, Inc., has Abatement with failed to meet certain commitments made in its tax abatement agreement with Motorola, Inc. the City of Fort Worth (City Secretary Contract No. 19790, as previously amended by City Secretary Contract Nos. 21015 and 28284); authorize the City Manager to reduce the percentage of tax abatement from 70 percent to 59 percent for the 2005 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. 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-20909 There was presented Mayor and Council Communication No. C-20909 from the Reduce Tax City Manager recommending that the City Council find that Nokia Mobile Abatement with Phones, Inc., has failed to meet certain commitments made in its tax abatement Nokia Mobile agreement with the City of Fort Worth (City Secretary Contract No. 20695); Phones, Inc. authorize the City Manager to reduce the percentage of tax abatement from 100 percent to 76 percent for the 2005 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. 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-20910 There was presented Mayor and Council Communication No. C-20910 from the Reduce Tax City Manager recommending that the City Council find that Southwest Office Abatement with Systems, (owned by Puente Brothers Investments, LLC) has failed to meet Southwest Office certain commitments made in its tax abatement agreement with the City of Fort Systems Worth (City Secretary Contract No. 21790); authorize the City Manager to reduce the percentage of tax abatement from 50 percent to 31 percent for the 2005 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. Council Member Wheatfall 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. Council Member Haskin stated that some businesses continually failed to meet provisions of the tax abatement and asked if it were appropriate to continue to provide the tax abatement. She added that she would rather restructure the tax CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 15 of 19 abatement incentives or discontinue the abatement since the company is the one to set their goals. Council Member Hicks stated that she would like to know what the City had in place to notify businesses that they were not meeting their commitment. Council Member Burdette recommended that the abatements continue with these businesses and that the City provide clear understanding to them of how they must operate to preclude further reductions. He stated that the abatements need to be carefully monitored, but that it would be a mistake to have a broad rule that stated what would happen if the commitment was not met, once, twice, or three times. Council Member Haskin inquired why the Minority/Women Business Enterprise process was a hindrance to the companies on meeting their commitment. Mayor Pro tem Silcox stated that the tax abatement was like a contract and therefore should be monitored like a contract. He added that if these companies could not meet their commitment, their abatements should be reduced by the appropriate percentage. (Council Member Wheatfall stepped away from the dais.) AGENDA ITEM XVI—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Regular Zoning It appeared to the City Council that the Notice of Public Hearing set today as Hearing 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 July 26, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. SP-05-034 Council Member Haskin made a motion, seconded by Mayor Pro tem Silcox, Continued Until that the application of Bryan McCallister, for property located in the 6800 block September 6, 2005 of Old Randal Mill Road for a site plan for Repossessed Vehicle Storage, Site Plan No. SP-05-034 be continued until September 6, 2005. The motion carried eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. SP-05-035 Council Member Davis made a motion, seconded by Council Member Jordan Approved that the application of Trinity Bluff Development, LTD., for property located in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 16 of 19 the 600 block of Samuels Avenue for a site plan for Residential Height Proximity Slope (PD 489), Site Plan No. SP-05-035 be approved. The motion carried eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-05-115 It appeared that the City Council, at its meeting of August 9, 2005, continued Continued for One the hearing of the application of 820/30 Interchange for a change in zoning of Week property located in the 9800 block of West Point Boulevard from "C" Medium Density Multi Family; "E" Neighborhood Commercial and "F" General Commercial to (Tract I) "A-5" One-Family Residential; (Tract II) "C" Medium Density Multi Family; (Tract III) "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 he would like to continue this zoning case for one week as he was concerned with the increased density the development would have on the roadways and traffic. He added that a one-week delay would allow an opportunity for staff to meet with the developer to have these issues addressed. There being no one present desiring to be heard in connection with the application of 820/30 Interchange, Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the Zoning Hearing for Zoning Docket No. ZC-05-115 be continued for one week. The motion carried eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Haskin stated that when staff come back with this case next week she would like further deliberation on this issue. She stated that this was a typical impact of cumulative zoning. She referenced previous conversations by Mayor Pro tem Silcox and citizens that were at the Council meeting last week talking about how the smaller lots were working against the City. She asked that staff provide a report regarding multi-family/density in this area. ZC-05-120 It appeared that the City Council, at its meeting of August 9, 2005, continued Continued Until the hearing of the application of Jerry Simons & Johnny Clark et.al., for a September 13, change in zoning of property located at 3213, 3217, 3221, 3225, 3229, 3233 2005 Reagan Drive from "A-5" One-Family Residential to "PD/SU" Planned Development/Specific Use, for all uses in "I" Light Industrial, with site plan required, Zoning Docket No. ZC-05-120. 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 16, 2005 PAGE 17 of 19 Donald Watson Mr. Donald A. Watson, 3240 Reagan Drive, appeared before Council in opposition of the zoning change. He stated that he submitted a petition to the City Zoning Commission signed by residents in the neighborhood in the area that indicated they voted 8 to 1 against the development. Mr. Bob Riley, Development Department Director, advised Council that the City Zoning Commission had considered the site plan to this zoning case last week. He requested that the zoning case be continued until September 13, 2005 to allow the site plan to be considered with the zoning case. Mayor Pro tem Silcox requested that the applicant meet with Mr. Watson and address the concerns of the residents. (Council Member Wheatfall returned to his chair at the dais.) There being no one else present desiring to be heard in connection with the application of Jerry Simons & Johnny Clark et.al., Mayor Pro tem Silcox made a motion, seconded by Council Member Jordan, that the Zoning Hearing for Zoning Docket No. ZC-05-120 be continued until September 13, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-05-134 Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, representing the applicant, Continued Until appeared before Council in support of the zoning change. He stated that this September 6, 2005 case was proceeding faster than anticipated and asked the Council to delay action until September 6, 2005 to allow time for site and density studies to be performed. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the application of Park Ridge Apartments for a change in zoning of property located at 2500, 2501 Park Ridge Court from "D" High Density Multi Family to "PD/SU" Planned Development/Specific Use for Multi Family Development with 35 units per acre with restrictions and waiver of site plan recommended, Zoning Docket No. ZC-05-134, be continued until September 6, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVII It appeared that the City Council set today as the date for a hearing in Budget Hearing connection with the proposed Fiscal Year 2005-2006 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16, 2005 PAGE 18 of 19 There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. Agenda Item XI There was presented Resolution No. 3245-08-2005, proposing the ad valorem Res. #3245-08- tax rate for Fiscal Year 2005/06 and setting public hearing dates on the tax rate. 2005 Propose Ad City Manager Boswell stated that paragraph 2 of the "Therefore" statement Valorem Tax Rate needed to be amended to reflect the increase the total revenue as being "4.6095 for FY 2005/06 percent" and not".046095 percent". Council Member Davis made a motion, seconded by Council Member Burdette, that Resolution No. 3245-08-2005 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. Citizen City Secretary Hendrix stated that citizen presentations were inadvertently Presentations omitted from the posted Council agenda; however, she had been advised that the citizen presentations could be heard. James Chandler, Mr. James E. Chandler, Sr., 3829 Ashford Avenue, was recognized by Mayor Sr. Moncrief as wishing to address Council relative to telephone recordings, speed limit enforcement, and trash pickup; however, he was not present in Council Chamber. Agenda Item It was the consensus of the City Council that they recess into Executive Session XVIII at 11:58 a.m. to: Executive Session 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues regarding solid waste contracts; b) Legal issues concerning the City of Fort Worth Employees' Retirement Fund Plan; c) Legal issues concerning medical expenses for prisoners; d) Legal issues concerning the request for proposals for a beverage services partnership agreement; CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING AUGUST 16,2005 PAGE 19 of 19 e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:30 p.m. Agenda Item XIX There being no further business,the meeting was adjourned at 1:30 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 23`d day of August, 2005. Attest: Approved: l 1� Marty Hen Michae . Moncn