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HomeMy WebLinkAbout2005/11/29-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 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 10:23 a.m. on Tuesday, November 29, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Haskin temporarily absent. Agenda Item II The invocation was given by Reverend McKinley Jackson, Samaria Missionary Invocation Baptist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Haskin assumed her chair at the dais.) Agenda Item IV On motion of Council Member Wheatfall, seconded by Council Member Davis, the Approval of minutes of the regular meeting of November 15, 2005, were approved unanimously Minutes nine (9) ayes to zero (0) nays. Agenda Item V Council Member Haskin presented a Proclamation for Cowtown Brush Up Special Appreciation Day to the following sponsoring companies: Presentations • Always a Memory Video • Ben E. Keith' • CH2M Hill, Inc. • Coca-Cola Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 2 of 20 • Colonial Savings • Empire Disposal & Roofing Company • Ford Motor Credit Company • Home Depot • Leaman Container, Inc. • Mrs. Baird's Bakery • Rebuilding Together with Christmas in April • Sparkletts Water Company • Tarrant County Credit Union Agenda Item VI Council Member Burdette announced that the Lake Como community celebrated Announcements their 100th Anniversary with a dinner at the Ridglea Country Club on November 19, 2005, which was attended by well over 300 people. He stated it was amazing to see the honor and pride in which the dinner was done and congratulated the community on this achievement. Council Member Burdette also introduced his grandson, Christopher Burdette, a senior at the University of Texas in Austin majoring in Political Science. Council Member Hicks announced that the demolition ceremony for Riverside Village would take place on December 3, 2005, at 10:00 a.m. after many years of planning and encouraged everyone to go out to Riverside and Berry and observe the demolition. She encouraged people to come out early and tour the area of over 1,000 multi-family units that have sat vacant for 15 to 20 years. Mayor Pro tem Silcox announced that during the Christmas season there was an increase of traffic at the Hulen Mall. He advised that the Police would block off certain ramps on I-20 going to the mall to assist with traffic congestion and that holiday shoppers needed to take alternate routes to the mall. Council Member Espino invited everyone to attend the Christmas Party at the Rose Marine Theater on December 2, 2005, at 7:30 p.m. He stated there would be food and refreshments and that there would be a voluntary donation taken and proceeds would benefit the Latin Arts Association of Fort Worth, Inc. Council Member Wheatfall announced that Bank of America would present its Annual Community Awards tonight at 6:00 p.m. at the Fort Worth Club celebrating community involvement and local heroes. He also announced the 50th Anniversary of the Rosa Parks ceremony would be conducted on December 1, 2005, at 9:00 a.m. He added that it was being held by The "T" at the Intermodal Transportation Center historic wall and encouraged everyone to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 3 of 20 Mayor Moncrief encouraged all City employees and their families to attend Employee Night with the Fort Worth Brahmas on December 3, 2005, at 7:30 p.m. He stated that tickets were $8.00 and that a concession package could be added for just $3.00. He further stated that the first 2,000 fans would receive a free Brahmas cap and encouraged everyone to bring a stuffed toy to throw on the ice when the Brahmas scored and participate in the teddy bear toss to benefit the Cowboy Santas program. Mayor Moncrief also announced that the Mayor's Neighborhood Awards Ceremony and Workshop Luncheon would be held on December 3, 2005, from 11:00 a.m. to 4:00 p.m. Mayor Moncrief also introduced Mr. Ken Tapscott as Mayor for the Day. He stated that Mr. Tapscott was from Dallas and a candidate for Judge of County Court at Law Number 4 and won the award through an American Diabetes Association fundraiser. Mayor Moncrief presented him with a certificate and key to the City. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. P- Withdrawn from 10272, C-21170, and C-21171 be withdrawn from the consent agenda for Consent Agenda individual consideration. Mayor Pro tem Silcox requested that Mayor and Council Communication No. P- 10271 be withdrawn from the consent agenda for individual consideration. Agenda Item City Manager Boswell requested that Mayor and Council Communication Nos. G- VIH 15019, G-15020, P-10272, C-21170, and C-21171, be withdrawn. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the consent agenda as recommended and amended as follows: OCS-1526 M&C OCS-1526 - 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-15012 M&C G-15012 — Authorizing the City Manager to sign a Notice of Quiet Zone Establish Quiet Establishment for the creation of a quiet zone at the Burlington Northern Santa Fe Zone at East Railway railroad crossing at East First Street. First Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 4 of 20 G-15013 M&C G-15013 — Authorizing the City Manager to adopt Ordinance No. 16714-11- Ord. No. 16714- 2005 increasing estimated receipts and appropriations in the Aviation 11-2005 Improvements Capital Project Fund (Unspecified) in the amount of $272,303.00 Increase Aviation from available funds, for the purpose of funding overages in miscellaneous Improvements engineering projects in the same fund. Capital Fund G-15014 M&C G-15014 — Authorizing the City Manager to reject the bid received from Reject Bid for PATCO Utilities for the Lake Worth South Shore Grinder Pump Installation and to Lake Worth re-advertise the project for bid at the earliest possible convenience. South Shore Grinder Pump Installation G-15015 M&C G-15015 — Authorizing annual payments for the next five years for the Pay Annual Consolidated Water Quality Assessment Fee for Discharge Permit CWQ0009646 Consolidated to the Texas Commission on Environmental Quality for treated effluent discharged Water Quality from the Village Creek Wastewater Treatment Plant. Fee for Discharge Permit CWQ0009646 G-15016 M&C G-15016 — Authorizing the continued participation and membership in the Continue Water Environment Research Foundation for the Water Department, Fiscal Year Participation and 2005-06, at a membership fee of$34,936.00. Membership in Water Environment Research Foundation P-10269 M&C P-10269 — Authorizing a purchase agreement for Symposium Call Center Symposium Call Solution with Affiliated Telephone, Inc., for the Information Technology Solutions Center Solution Department for an estimated amount of$179,986.00; and authorizing software and hardware maintenance agreements to begin one year after system-acceptance with options to renew for three additional one-year periods. P-10270 M&C P-10270 — Authorizing a purchase agreement for generator repair, parts and Generator maintenance with Dak Power Systems and Diversified Power Systems, for the City Repair, Parts of Fort Worth based on best value. Payment is due 30 days from date the invoice is and Maintenance received; authorizing this agreement to begin on January 12, 2006, and expire on January 12, 2007, with options to renew for four additional one-year periods; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 5 of 20 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." L-14149 M&C L-14149 — Approving the release and abandonment of a 100-foot wide Release and Runway Easement located in far southeast Fort Worth in order to facilitate landfill Abandonment of development(DOE 5079). Runway Easement C-21161 M&C C-21161 — Authorizing the City Manager to enter into an Encroachment Como First Agreement authorizing use of the right-of-way for existing steps and handrails with Missionary Como First Missionary Baptist Church at 5228 Goodman Avenue. Baptist Church C-21162 M&C C-21162 — Authorizing the City Manager to enter into an Encroachment Dominga Corbin Agreement authorizing the use of the right-of-way for existing steps and proposed handrails with Dominga Corbin at 1426 North Main Street. C-21163 M&C C-21163 — Authorizing the City Manager to enter into a consent agreement Dwight J. for signs with Dwight J. Mitchell authorizing use of the right-of-way at 1306 West Mitchell Magnolia Avenue for installation of a sign. C-21164 M&C C-21164 — Authorizing the City Manager to execute an Advance Funding TxDOT Agreement with the Texas Department of Transportation (TxDOT) for the reconstruction and rehabilitation of the West 7th Street Bridge over the Clear Fork Trinity River and Forest Park Boulevard and the reconstruction of Cravens Road Bridge over Wildcat Branch. C-21165 M&C C-21165 — Authorizing the City Manager to execute Change Order No. 1 to Change Order City Secretary Contract No. 31368 with Conatser Construction, TX, L.P., for Water No. 1 to CSC No. and Sanitary Sewer Line Extension for Broadmoor Addition, Units 1 and 2, in the 31368—Conatser amount of $46,180.00 for additional units and increased pay item quantities, Construction, thereby increasing the contract amount to $1,366,229.00. TX, L.P. C-21166 M&C C-21166 — Authorizing the City Manager to execute Change Order No. 1 to Change Order City Secretary Contract No. 30701, an Enhanced Community Facilities Agreement No. 1 to CSC No. with Wide Open Spaces, Ltd., in the amount of $67,464.00 for improvements to 30701 —Wide Phase 1 of the Trinity Bluff Development(DOE 4619) for the City of Fort Worth's Open Spaces, water service mains. Ltd. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 6 of 20 C-21167 M&C C-21167 — Authorizing the City Manager to execute a contract with Kimley- Kimley-Horn Horn and Associates, Inc., for intersection improvement design services at and Associates, signalized locations in the amount of$53,500.00. Inc. C-21168 M&C C-21168 — Approving the acceptance of a lease agreement for natural gas Dale Resources, drilling under 33.5 mineral acres, more or less, of city-owned properties located in L.L.C. Tarrant County known as Mallard Cove Park with Dale Resources, L.L.C., for a two-year term. C-21169 M&C C-21169 — Authorizing the amendment in the Sales Agreements for the Amend Sales purchase of three vacant lots (3414 Chestnut, 3416 Chestnut and 3418 Chestnut), to Agreement for increase the purchase price to current appraised value, as required by law, in Three Vacant conjunction with the Fort Worth Meacham International Airport Noise Mitigation Lots on West Program (DOE 3932); finding that the revised offers in the amounts of $8,650.00 Side of FW per lot for 3414 and 3416 Chestnut and $6,130.00 for 3418 Chestnut are just Meacham compensation for the acquisition of the property plus an estimated real estate tax International pro-rated amount not to exceed $700.00 for a total cost of $24,130.00; and Airport authorizing the acceptance and recording of appropriate instruments. The motion carried. End of Consent Agenda. Agenda Item X Council Member Hicks made a motion, seconded by Council Member Davis, that Presentations by Ms. Erin Lewis be appointed to Place 8 on the Fort Worth Commission for Women City Council - effective November 29, 2005, and with a term expiring October 1, 2006. The Appointments motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Davis, that Mr. Michael Ysasaga be appointed to Place 7 on the Aviation Advisory Board effective November 29, 2005 and a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that Bryan K. Stevens and Beverly Sims be appointed to Places 6 and 1, respectively, on the Animal Shelter Advisory Committee effective November 29, 2005 and with terms expiring October 1, 2006, and October 1, 2007, respectively. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI Using a PowerPoint presentation, Mr. Robert Herchert, Chair of the Charter Committee Review Advisory Committee, presented the committee's final recommendations Presentations for changes to the Fort Worth City Charter, and Mr. Kenneth Barr presented a Minority Opinion relative to Council Compensation. (See Exhibit attached) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 7 of 20 Mayor Pro tem Silcox inquired if the City's tax rate was $1.90 or $2.50 per $100.00 valuation of property. City Attorney Yett stated that the proposal was to delete Chapter XXIV, Section 14, which was inconsistent with Chapter XXVII, Section 22 of the Charter. Chapter XXVII, Section 22 would remain and it provided for a cap of $1.90 per $100.00 valuation per annum unless the voters approved a higher rate until the state constitutional limit of$2.50 per $100.00 valuation was reached. Council Member Haskin asked what timeframe would be enacted for the approved changes to the Charter and if Special Call meetings of the City Council were considered as part of the 44 recommended meetings. Mr. Herchert stated that the Committee discussed the timeframe to enact the changes and that the changes could take effect immediately or language could be added to each Charter amendment on the ballot for different effective dates. He added that Special Call meetings were not considered by the Committee. Council Member Wheatfall expressed concern with the recommended Holdover provision and asked if this would solve the problem with the other partisan elections always happening before the City elections. He asked that staff provide a recommendation that addressed this issue. City Attorney Yett stated that staff could provide a recommendation; however, the recommendation of the Committee was to add a technical amendment that included the wording of the Constitution providing for Holdover and added that staff was prepared to bring forward other options that were more substantiative in nature for the Council to consider at the workshop in December. Council Member Jordan expressed appreciation to the Committee for their hard work and dedicated efforts on the Charter review. He stated that the Charter was the constitution for the City and that involvement such as the leaders that were on this committee made the City what it is. Mayor Moncrief also expressed appreciation to the Committee for their work and service to the City. Mr. Herchert stated that it was an honor to serve and expressed appreciation for the outstanding support of the City staff during this process. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 8 of 20 Council Member Hicks expressed appreciation to the Committee and to her appointee, Mr. Jessie Gaines. She stated that she supported the Minority Opinion relative to compensation for the Council. She added that the present makeup of the City Council was diverse and was very reflective of the community. She expressed further concern with the Committee's recommendation to not include staggered terms as an amendment to the Charter and asked that the Committee continue to look at this provision. (Council Member Wheatfall stepped away from the dais.) Betsy Hedden Ms. Betsy Hedden, 3200 Overton Park Drive West, representing the League of Women Voters, appeared before Council proposing that a Charter amendment be included to require voter approval before parkland could be converted to public right-of-way. She added that, included as part of this amendment, there should be safeguards to make it impossible for the City's Master Thoroughfare Plan to be discontinuous near a park for the purpose of avoiding an election or public oversight. The following individuals appeared before Council in support of the League of Women Voters' position relative to protection of parkland: Byron Sousa, Dr. Byron Sousa 7733 Blossom Drive Eugene Stockton, Mr. Eugene Stockton 1232 Mount Gilead Road, Roanoke, TX Mike Medrano, Mr. Mike Medrano 1809 Lincoln Avenue Charles Dreyfus, Mr. Charles Dreyfus 2416 Park Place Jan Fersing, Mr. Jan Fersing 3800 Trailwood Lane Kathy O'Brien, Ms. Kathy O'Brien 2100 Fairmount Avenue Pamela Milan, Ms. Pamela Milan 5117 Calmont Avenue Rebecca Isgur, Ms. Rebecca Reznikoff Isgur 2025 Huntington Lane John Robertson, Mr. John Robertson 6200 Pershing Avenue #221 Daniel O'Brien Mr. Daniel K. O'Brien 2100 Fairmount Avenue Lon Burnam State Representative Lon Burnam, 2103 6th Avenue, appeared before Council relative to the protection of parkland. He specifically referenced the disappearing land of Trinity Park and that the City needed to refrain from using any more parkland within the inner City. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council and stated that he supported Representative Burnam's and the League of Women Voters positions. He added that the public needed to be notified about changes to parkland and the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 9 of 20 public given an opportunity to provide comments on those changes. He added that the City needed to add more Council Districts as some were too large to meet the needs of the citizens. He further stated that surveys with other cities should be discontinued and decisions on City matters should be made on what was in the best interests of this City. Council Member Espino expressed appreciation to everyone for their comments on this issue. He stated that the Council also appreciated the beauty of Trinity Park and asked that staff brief him on the Comprehensive Plan and how it related to the Parks Master Thoroughfare Plan. Council Member Wheatfall expressed concern with the administrative loophole on this issue and asked staff to provide a presentation relative to protection of parkland and the public interest. He added that the briefing would assist the Council in determining if the Charter was the appropriate place to address this issue. Council Member Davis stated that understanding the issues at hand would help the Council better analyze where the appropriate protection should be put in place and whether it was a Charter amendment issue or ordinance or some other way the City wanted to make sure that public participation was part of the process. She stated that she understood how important it was to the community that the parks be preserved. She also stated that, related to the realignment of Trinity River Parkway, she did not understand the basis of the statement that the parkway being discontinuous for the purpose of taking it outside the public hearing process and would like to get more information on where that information came from. She added that the parkway was shown on the Master Thoroughfare Plan (MTP) from University Drive to West 7th Street for sometime. As it comes to West 7th Street, right now it terminated. If there was a question whether it continued to the north of West 7th Street was worthy of discussion, but she did not think that fact that it did right now does not continue on in the MTP beyond that point created a loophole where it did not require a public hearing or took it outside of any conversation in terms of how it would impact the parkland. There was a committee that examined the issue of the realignment of that park road and on that committee were representatives of the Park Board and other representatives in that area. A hearing was conducted and obviously the communication was not what it should have been as she could not recall anyone attending the public hearing except those who were interested on serving on the committee. She agreed with Council Members Espino and Wheatfall that this issue merited making sure that there was dialog, a presentation, or another public meeting of this particular issue because there may be some misconceptions of what the alignment of the proposed Trinity Parkway was. Part of the concerns in the discussions were not to use the park drive as the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 10 of 20 means for transporting traffic from West 7th Street to University Drive and the way that Museum Way was designed had actually taken traffic off that park drive because it had become the major road and would be the major road as it connected from West 7th Street to University Drive. The issue and the difficulty dealt with Lancaster Bridge and how to take a road underneath Lancaster Bridge and the engineering group that worked with the City provided very good information on what the alternatives were and what the City's alternatives were in terms of how the alignment would be best placed. She added that she was anxious for discussion on this issue to take place and for input from the community. She further stated that this was not a road that was running through Trinity Park at all; that there was a very minor percentage of the parkland that would be used as it went toward University Drive and not by the duck pond or the current road and was not proposing that the road that went by the duck pond become a major arterial from West 7th Street to University Drive. Mayor Moncrief stated that Randle Harwood and the staff at the Parks and Community Services Department work very hard every day to make sure the City had an outstanding Parks Department, evident by the awards the City receives every year. He added that he wanted everyone to understand that the Council encouraged public participation and involvement in all matters of the City. The Council was aware of the amount of traffic on West 7th Street and University Drive and the continued growth of the Cultural District. He further stated that the Council needed to find the best way to address those needs and challenges with minimum impact to the City's park system anywhere. He added that it should not be assumed that the Council was taking advantage of the parkland and that he supported the request of the need to provide more information to the Council on whether this was something the Council needed to consider for the Charter election proposal or whether this was something that could be addressed in another manner. Council Member Haskin stated that the Environment/Neighborhood and Community Services Committee held a public hearing on the oversized vehicle ordinance that went very well. She commended the neighborhood associations that were present and brought their information and pictures and also commended the owners of the RVs that received an education on the City's ordinance. She stated that since the committee did not meet in November and would not meet in December, she would like to bring this issue to the full Council on what happened in the public hearing or have a separate committee assignment. She further stated that there were a few issues that needed to be decided and suggested an item be placed on the Pre-Council agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 11 of 20 AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15017 There was presented Mayor and Council Communication No. G-15017 from the Extend Injury City Manager recommending that the City Council approve a 19-day extension of Leave-of- injury leave-of-absence pay benefit for Police Officer Laura Klein. Mayor Pro tem Absence Pay Silcox made a motion, seconded by Council Member Davis, that the Benefit recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15018 There was presented Mayor and Council Communication No. G-15018 from the Ord. No. 16715- City Manager recommending that the City Council adopt an ordinance amending 11-2005 Ordinance No. 16220 by increasing the number of Directors on the Board of Increase Number Directors of Tax Increment Reinvestment Zone Number Eleven, City of Fort of Directors for Worth, Texas (Southwest Parkway TIF) from 11 to 13. Mayor Pro tem Silcox TIF Zone No. 11 made a motion, seconded by Council Member Burdette, that the recommendation (Southwest and Ordinance No. 16715-11-2005 be adopted. The motion carried unanimously Parkway) nine (9) ayes to zero (0) nays. G-15019 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. G-15019, Consideration of Suspension of the Grant of Privilege Granted to Continental Limousines for Non-Compliance with Article VI, Chapter 34, Section 34-222 of the Code of the City of Fort Worth (2003) as Amended; and Adopt Ordinance, be withdrawn. G-15020 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. G-15020, Consideration of Suspension of the Grant of Privilege Granted to Silver West Limousines for Non-Compliance with Article VI, Chapter 34, Section 34-222 of the Code of the City of Fort Worth (2003) as Amended; and Adopt Ordinance, be withdrawn. G-15021 There was presented Mayor and Council Communication No. G-15021 from the Res. No. 3278-11- City Manager recommending that the City Council adopt a resolution authorizing 2005 the Parks and Community Services Department to establish entry fees for the Fort Establish User Worth Nature Center and Refuge, and authorize the creation of one position to Fee Structure for operate the proposed entry gate. FW Nature Center and Council Member Burdette advised the Council that this and M&C No. G-15022 Refuge were tied together and were viable to the future development of the Nature Center. Council Member Hicks asked how had the public been educated on the implementation of the fees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 12 of 20 Mr. Randle Harwood, Parks and Community Services Department Acting Director, stated that the fee had been widely discussed as part of the strategic master plan for the Center and that information was distributed to all participants. He added that information was also placed in the newspaper. Mayor Pro tem Silcox expressed concern with how the fees would impact families that could not afford to pay the fee. Mr. Harwood stated that families would be provided assistance using Federal guidelines; that the fees would be structured on the family's ability to pay. He added there were also other mechanisms in place to assist with the fee. Council Member Haskin inquired if the fee was self-funded. Mr. Harwood responded affirmatively and that the employee's salary would be paid from the proceeds. He added that the fee would be $4.00 for adults; $3.00 for seniors; and $2.00 for children. He discussed the need for maintenance and operations at the Center and that the fee would also provide customer service and security at the Center. Council Member Haskin expressed concern that an entrance fee was being charged for the Nature Center when the Parks Department would be receiving revenues from the drilling of the 36 wells on parkland. She requested that the Council review this issue in one year and re-evaluate the fee structure. Council Member Wheatfall also expressed concern with the fees. He stated that the fee became restrictive and a burden for people who could not afford to pay. Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation and Resolution No. 3278-11-2005 be amended to include a provision for annual review by the City Council of the fee structure. The motion carried seven (7) ayes to two (2) nays, with Council Members Wheatfall and Hicks casting the descending votes. G-15022 There was presented Mayor and Council Communication No. G-15022 from the Execute Contract City Manager recommending that the City Council authorize the City Manager to with FW Nature execute a contract with the Fort Worth Nature Center and Refuge Conservancy to Center & Refuge manage funds derived from entrance fees to fund entry gate staff and minor capital Conservancy to improvements. Council Member Burdette made a motion, seconded by Council Manage Entry Member Davis, that the recommendation be amended to include a provision for Fees annual review by the City Council of the fee structure. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 13 of 20 G-15023 There was presented Mayor and Council Communication No. G-15023 from the Accept Gift of City Manager recommending that the City Council approve acceptance of the gift Gate House for of a gate house from the Fort Worth Nature Center and Refuge Conservancy FWNC&RC (FWNC&RC) for use at the entrance to the FWNC&RC. Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the Council set today as the date for a public hearing for the G-15024 approval of the application by Michael J. Katos, in trust of DTX Associates for Res. No. 3279-11- Municipal Setting Designation for the property located at 6612 Brentwood Stair 2005 Road; adopt a resolution supporting the application for a Municipal Setting Ord. No. 16716- Designation to the Texas Commission on Environmental Quality; and adopt an 11-2005 ordinance prohibiting the potable use of designated groundwater with from beneath Application for the site. Mayor Moncrief opened the public hearing and asked if there was anyone Municipal present desiring to be heard. Setting Mr. Brian Boerner, Environmental Management Department Director, appeared Designation for Designation before Council, gave a staff report and called attention to Mayor and Council Stair Road Communication No. G-15024, as follows: There was presented Mayor and Council Communication No. G-15024 from the City Manager recommending that the City Council: 1. Conduct a public hearing on the application of Michael J. Katos, in trust of DTX Associates for approval of a Municipal Setting Designation for the property located at 6612 Brentwood Stair Road, and approximately 0.9185- acre tract, more fully described as Lot 3-R, McClellan Subdivision, Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; 2. Adopt a resolution in support of the application of DTX Associates to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 6612 Brentwood Stair Road, Fort Worth, Texas; and 3. Adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article IV "Groundwater and Surface Water Quality," by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth," by the addition of Section 2; designating CFW-MSD-0002, providing for the prohibition of the use of groundwater for potable that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 14 of 20 Mayor Pro tem Silcox asked Mr. Boerner to clarify the term "Municipal Setting Designation". Mr. Boerner explain that the term applied to a State of Texas Brownfield Economic Development tool. He added it was a label that stated that municipalities could designate ground waters in certain areas as protected from public use so that economic development could reoccur. He further stated that most of these areas had ground water that was very shallow and the volume and quality of the water was not sufficient or good enough for people to drink, so the contamination was left in place. There being no one present desiring to be heard in connection with the public hearing, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed, and Mayor and Council No. G-15024, Resolution No. 3279-11-2005 and Ordinance No. 16716-11-2005 be adopted. The motion carried unanimously nine (9) ayes and zero (0) nays. P-10271 There was presented Mayor and Council Communication No. P-10271 from the Fitness City Manager recommending that the City Council authorize the purchase of Equipment fitness equipment from a BuyBoard Contract with Fitco Fitness Center Outfitters for the Fire Department for a cost not to exceed $166,366.00, freight and installation included, with payment due 30 days after receipt of the invoice: Item Description Quantity Unit Price Total Cost 1. EFX Elliptical Crosstrainer,Precor C5241 45 ea $2,596.00 $116,820.00 2. Exercise Bike,Vision E3500 HRT 41 ea $1,076.00 $ 44,116.00 3. Commercial Treadmill,Precor C9321 2 ea $2,715.00 $ 5,430.00 Mayor Pro tem Silcox expressed concern with the type of treadmills requested as the specifications appeared to be different from treadmills procured by the City a few years ago. Mr. Robert Combs, Purchasing Manager, stated that the treadmills being ordered were a different brand and model from the ones previously ordered. He added that the Fire Department had specifically requested the brand and model. Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10271 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10272 It was the consensus of the City Council that Mayor and Council Communication Office Supplies No. P-10272, Authorize a Purchase Agreement for Office Supplies with Office Depot for the City of Fort Worth, be withdrawn. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 15 of 20 PZ-2649 There was presented Mayor and Council Communication No. PZ-2649 from the Ord. No. 16717- City Manager recommending that the City Council adopt an ordinance vacating 11-2005 and extinguishing a five foot strip of Lowden Street along the northern boundary of Street Vacation Lot 24, Block 17 in Prospect Heights, an addition to the City of Fort Worth, Tarrant (VA-05-017) County, Texas. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16717-11-2005 be adopted. The motion carried unanimously nine (9) ayes and zero (0) nays. PZ-2650 There was presented Mayor and Council Communication No. PZ-2650 from the Ord. No. 16718- City Manager recommending that the City Council adopt an ordinance vacating a 11-2005 60 x 266 foot portion of Faron Street from Locke Avenue to Lovell Avenue as well Street and Alley as a portion of a 16 x 299.43 foot alley adjacent to Lots 9 through 32, Block 144, Vacations Chamberlin Arlington Heights, being an addition to the City of Fort Worth, Tarrant (VA-97-047) County, Texas. Council Member Burdette made a motion, seconded by Council Member Haskin, that the recommendation and Ordinance No. 16718-11-2005 be adopted. The motion carried unanimously nine (9) ayes and zero (0) nays. C-21170 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. C-21170, Execution of a Lease Agreement between WFR Properties, Inc., and the City of Fort Worth for Office and Warehouse Space for the Police Department, be withdrawn. C-21171 It was the consensus of the City Council that Mayor and Council Communication Withdrawn No. C-21171, Authorize Acceptance of Additional Funds and Execute a Grant Contract Agreement with Texas Department of State Health Services, Regional and Local Services Section/Local Public Health System for "000" Local Public Health System Development Funds and Adopt Appropriation Ordinance, be withdrawn. C-21172 There was presented Mayor and Council Communication No. C-21172 from the Gary Rhodes City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with Gary Rhodes are true and correct; and authorize the City Manager to enter into a five year Tax Abatement Agreement with Gary Rhodes, for the property located at 2820 Lawnwood Street in the Riverside Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Hicks made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously eight (8) ayes and one (1) nay, with Mayor Pro tem Silcox casting the descending vote. Council Member Hicks expressed appreciation to Mr. Rhodes for what he was doing in the area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 16 of 20 C-21173 There was presented Mayor and Council Communication No. C-21173 from the Denton County City Manager recommending that the City Council authorize the City Manager to and Beechwood execute an Interlocal Cooperation Agreement with Denton County for receipt of Business Park, County funding dedicated toward the construction of the Double Eagle Parkway J.V. Bridge; and authorize the City Manager to execute an amendment to the Community Facilities Agreement with the Beechwood Business Park, J.V. to provide for additional funding for the construction of the Double Eagle Parkway Bridge. City Manager Boswell stated that the M&C and agreement needed to be amended to change all references to"Beechwood Business Park, J.V." to reflect"Fossilwood Investments, L.P.". Council Member Davis stated that this was a very controversial issue when it first came to the Council, prior to the present Council, on whether the City should participate at this level in creating this bridge for this particular development. She stated that the City had a policy in place whereby the City would participate in these kinds of projects, not an actual requirement, and the City Council debated on whether the City should adhere to that recommendation in the policy or deviate from it. She further stated that, as a result, the City changed the policy so that it no longer required the participation or the recommendation of this kind of participation. Council Member Davis advised that there was a controversial vote on whether the Council should support the costs of building this bridge and the Council did vote on and approve that the City's share of that Community Facilities Agreement (CFA) should be the lesser of$1.7M or 95 percent of the hard costs of the communities facility plus six percent. She added that this M&C opened up opportunity for the City to accept toward construction of that bridge, a contribution of $300,000.00 from the County; however, the language in the M&C stated that "...in no event shall any payment of the City and County funds exceed 100 percent of the developer's expenditures." She further stated that when you look at the Interlocal Cooperation Agreement, it proposed that the cost of that bridge was currently $2.5M. She expressed concern if City was saying it would potentially fund up to $2.5M with the County contributing $300,000.00 or, whereas before, the City adopted a CFA that stated the City would pay the lesser or $1.7M or 95 percent of the hard costs, which put our cap at $1.7M. Assistant City Attorney Peter Vaky stated that the County's funding was in addition to the City's obligation as they existed in 2003. This amendment did not reduce the City's obligations to fund, it provided mechanism for the developer to receive up to an additional $300,000.00 from the County. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 17 of 20 Council Member Davis stated that, in her opinion, based on the original CFA for the maximum amount the City would provide was the $1.7M and if that was added with the $300,000.00 from the County you would get $2.1 plus or minus figure. She added that when you read the language in the Interlocal Agreement it stated that the project's costs were estimated at $2.5M and the M&C appeared to obligate the City to no more than 100 percent reimbursement of the developer's expenditures. She further stated that she would like to make sure that a sentence was added that recognized the former CFA and added that in no event shall the City's portion of the CFA exceed that amount originally agreed to even if the project costs increased to $2.5 or $3M, that the City's portion would remain the same. Assistant City Attorney Vaky stated staff would make the clarification as requested by Council Member Davis. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried eight (8) ayes to (1) nay, with Council Member Jordan casting the descending vote. C-21174 There was presented Mayor and Council Communication No. C-21174 from the Delayed Until City Manager recommending that the City Council authorize the City Manager to After Citizen execute a Community Facilities Agreement with The Enclave on Golden Triangle Presentations Investors, L.P., by Enclave on Golden Triangle GenPar 11, L.P., a Texas limited partnership, its general partner, by Enclave on Golden Triangle GenPar, LLC, a Texas limited liability company, its general partner, for the installation of offsite water services to serve The Enclave on Golden Triangle, a future development, located in far north Fort Worth. Council Member Espino stated that he was not familiar with this issue and inquired if this was a multi-family development. Mayor Moncrief stated that this would be delayed until after Citizen Presentations to allow staff to respond. Item XIV Mr. Armando E. Recinos, 5512 Wedgmont Circle North, appeared before Council Citizen relative to damage from a water main break to his home on Walton Avenue in July Presentations 2005. He stated that he had not been sufficiently compensated for the damage to Armando his home and that the damage had created health problems for his family and asked Recinos for Council to resolve this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 18 of 20 Mayor Moncrief read a letter from the Risk Management Division relative to this issue. The letter outlined the $38,641.23 settlement offer to Mr. Recinos, as well as the costs incurred by the City for drying, mold assessment and remediation, and hotel. An additional amount was incurred for plumbing repairs to a private line. City Attorney Yett stated that he would provide more information to the Council as required to keep them abreast of settlement negotiations. Mayor Moncrief advised Mr. Recinos that the City would continue to work with him to resolve this issue. Felipe Mr. Felipe Dominguez, 6809 Wallis Road, Lake Worth, Texas, appeared before Dominguez Council and requested their assistance to have his Medicaid benefits reinstated. He stated that he was in need of a liver transplant but that his Medicaid benefits were taken away in May 2005. He added that Medicaid approved the transplant procedure in June 2005. Mayor Moncrief stated that the Council did not have the ability to utilize City funds for a transplant. However, he advised Mr. Dominguez that he would provide a letter of support for the reinstatement of his Medicaid benefits. Council Member Davis asked staff to connect Mr. Dominguez with the Legal Services office for assistance. Brenda Scruggs Ms. Brenda Scruggs, 8132 Hosta Way, appeared before Council relative to the alleged secret search of her home by the Fort Worth Police Department. Mayor Moncrief stated that the City would look into this matter. C-21174 There was presented Mayor and Council Communication No. C-21174 from the Continued for City Manager recommending that the City Council authorize the City Manager to One Week execute a Community Facilities Agreement with The Enclave on Golden Triangle Investors, L.P., by Enclave on Golden Triangle GenPar 11, L.P., a Texas limited partnership, its general partner, by Enclave on Golden Triangle GenPar, LLC, a Texas limited liability company, its general partner, for the installation of offsite water services to serve The Enclave on Golden Triangle, a future development, located in far north Fort Worth. Assistant City Manager Fisseler advised Council Member Espino that the development was an apartment complex with "AG" Agricultural zoning to the west. He added that The Enclave was zoned for multi-family. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 19 of 20 Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21174 be continued for one week. The motion carried unanimously nine (9) ayes and zero (0) nays. Mayor Moncrief adjourned the meeting in memory of Police Officer Paul Zoldak. He stated that Officer Zoldak passed away on November 24, 2005 after 27 years in the Police Department. He added Officer Zoldak was a six-year Navy veteran and worked in the Como area as the Neighborhood Policing Officer. He further stated that funeral services would be held today at 11:30 a.m. followed by the burial at 2:00 p.m. at the D/FW National Cemetery in Dallas. Agenda Item XV It was the consensus of the City Council that they recess into Executive Session at Executive Session 1:16 p.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 Hurricane Katrina and Rita guest assistance programs; b) Legal issues concerning the Fort Worth Employee's Retirement Fund; 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 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. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2005 PAGE 20 of 20 Reconvened The City Council reconvened into regular session at 1:50 p.m. Agenda Item There being no further business,the meeting was adjourned at 1:50 p.m. XVII Adjournment These minutes approved by the Fort Worth City Council on the 15th day of November, 2005. Attest: 4Mayor l Marty Hendri oncrie City Secretary